2022-242-Minutes Recorded 6/28/2022�`'0� E S COG2�,
BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
Recorded in Deschutes County C J2022-242
Steve Dennison; County Clerk
Commissioners' Journal 06/28/2022 4:40:37 PM
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2022-242
FOR RECORDING STAMP ONLY
WEDNESDAY, May 18, 2022 Barnes Sawyer &
VIRTUAL MEETING PLATFORM
Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Nick
Lelack, County Administrator; Dave Doyle, County Legal Counsel; and Sharon Keith, Board Executive
Assistant (via Zoom conference call)
This meeting was audio and video recorded and can be accessed at the Deschutes County
Meeting Portal website www.deschutes.org/meetings
CALL TO ORDER: Chair Adair called the meeting to order at 8:00 a.m.
PLEDGE OF ALLEGIANCE:
CITIZEN INPUT:
Commissioner Adair acknowledged input received on the Worrell Park concept.
CONSENT AGENDA: Before the Board was Consideration of the Consent
Agenda.
CHANG: Move approval of Consent Agenda
DEBONE: Second
BOCC MEETING MAY 18, 2022 PAGE 1 OF 5
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
1. Consideration of Purchase Agreement, Document No. 2022-300, and
Permanent Easement, Document No. 2022-301, from Starwood Association
for Right of Way for the Hunnell Road: Loco Road to Tumalo Road
Improvement Project
2. Consideration of Purchase Agreement, Document No. 2022-277, and
Dedication Deed, Document No. 2022-278, from Russell and Lori Cooper for
Right of Way for the Hunnell Road: Loco Road to Tumalo Road Improvement
Project
3. Approval of Minutes of the April 13, 2022 BOCC Meeting
4. Approval of Minutes of the April 18, 2022 BOCC Meeting
5. Approval of Minutes of the April 20, 2022 BOCC Meeting
6. Approval of Minutes of the April 27, 2022 BOCC Meeting
ACTION ITEMS:
7. PUBLIC HEARING: Remand of Deschutes junction Plan Amendment and
Zone Change Application
Senior Planner Nichole Mardell reviewed the public hearing procedure.
Hearing no conflicts of interest, procedural objections, or challenges,
Commissioner Adair opened the public hearing. Ms. Mardell presented the
staff report. Staff recommendation is to accept testimony today and
continue the hearing to a date certain of June 8, 2022. Planning Manager Will
Groves commented on land use in unincorporated areas.
TonyAceti, applicant presented testimony regarding his application.
Joe Bessman, presented a report on the traffic study to determine scenarios
for the development.
BOCC MEETING MAY 18, 2022 PAGE 2 OF 5
Bill Kloos, Attorney for the applicant, presented via Zoom conference call. Mr.
Kloos concurs with the recommendation to continue the hearing.
Carol MacBeth, staff attorney with Central Oregon LanclWatch, presented
testimony and response to questions raised on this case.
Mr. Kloos presented rebuttal and noted the planning code that lists uses
allowed.
TonyAceti, presented rebuttal and commented on the soils analysis done and
square footage building area per person anticipated for the development.
Commissioner Chang requested information on total estimated amount of
septic capacity for the property.
DEBONE: Continue the public hearing and keep the oral and written
record open to June 8, 2022
CHANG: Second
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR: Chair votes yes. Motion Carried
8. Discussion: Public Health Advisory Board (PHAB) Minimum Care
Advisory for Homeless
Via Zoom were Thomas Kuhn, Community Health Manager and PHAB
members Dr. Peter Boehm, David Huntley, and Colleen Sinsky. A
presentation was given to report on the minimum care needed for the
homeless population.
9. Consideration of Chair signature of Document No. 2022-404, an Oregon
Health Authority amendment #157345-1
Pam Ferguson, Health Services Program Manager presented the document
BOCC MEETING MAY 18, 2022 PAGE 3 OF 5
via Zoom conference call for consideration and explained the services
provided through the agreement.
DEBONE: Move approval of Document No. 2022-404
CHANG: Second
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR: Chair votes yes. Motion Carried
10.PUBLIC HEARING: Deschutes County Road Department Nighttime Noise
Variance
Associate Planner Tarik Rawlings presented the hearing procedure. Hearing
no conflicts of interest, procedural objections, or challenges, Commissioner
Adair opened the public hearing. County Engineer Cody Smith (via Zoom
conference call) reported on the Road Department's application for a
nighttime noise variance for a paving project at Tumaio Road and Deschutes
Market Road. Mr. Smith requested the hearing to be continued to June 1,
2022 as the public notice was posted late and requested additional time for
the land use posting.
CHANG: Move approval to continue the public hearing on File # 247-22-
000243-V to J u n e 1, 2022
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
RECESS: At the time of 10:03 a.m. the Board went into recess and reconvened
the meeting at 10:07 a.m.
BOCC MEETING MAY 18, 2022 PAGE 4 OF 5
11.Wildlife Inventory Update - Status Report
Senior Planner Tanya Saltzman presented an update on the wildlife inventory
project specific to mule deer. Oregon Department of Fish and Wildlife have
provided recommendations for the proposed amendments. An update will
also be presented to the Planning Commission.
OTHER ITEMS:
Commissioner Adair noted the Board will be attending the REDI annual lunch
today and that budget hearings are scheduled for next week.
EXECUTIVE SESSION: None presented.
ADJOURN: Being no further business brought before the Commissioners, the meeting was
adjourned at 10:42 a.m.
DATED this �� Day of jc'��
2022 for the Deschutes County Board of
Commissioners.
,
PATTI ADAI R, CHAIR
ANTHONY DEBONE, VICE CHAIR
PHIL CHANG, COMMISSIONER
RECORDING SECRETARY
BOCC MEETING MAY 18, 2022 PAGE 5 OF 5
E s COG
-A BOARD OF
COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS
8:00 AM, WEDNESDAY, MAY 18, 2022
Barnes Sawyer Rooms - Deschutes Services Bldg - 1300 NW Wall St - Bend
(541) 388-6570 1 www.deschutes.org
AGENDA
MEETING FORMAT: The Oregon legislature passed House Bill (HB) 2560, which requires that
public meetings be accessible remotely, effective on January 1, 2022, with the exception of
executive sessions. Public bodies must provide the public an opportunity to access and attend
public meetings by phone, video, or other virtual means. Additionally, when in -person testimony,
either oral or written is allowed at the meeting, then testimony must also be allowed electronically
via, phone, video, email, or other electronic/virtual means.
Attendance/Participation options are described above. Members of the public may still view the
BOCC meetings/hearings in real time via the Public Meeting Portal at
www.deschutes.org/meetings
Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to
comment on any meeting topic that is not on the current agenda. Citizen Input is provided by
submitting an email to: citizeninput@deschutes.org or by leaving a voice message at 541-385-
1734. Citizen input received by noon on Tuesday will be included in the Citizen Input meeting
record for topics that are not included on the Wednesday agenda.
Zoom Meeting Information: Staff and citizens that are presenting agenda items to the Board for
consideration or who are planning to testify in a scheduled public hearing may participate via
Zoom meeting. The Zoom meeting id and password will be included in either the public hearing
materials or through a meeting invite once your agenda item has been included on the
agenda. Upon entering the Zoom meeting, you will automatically be placed on hold and in the
waiting room. Once you are ready to present your agenda item, you will be unmuted and placed
in the spotlight for your presentation. If you are providing testimony during a hearing, you will be
placed in the waiting room until the time of testimony, staff will announce your name and unmute
your connection to be invited for testimony. Detailed instructions will be included in the public
hearing materials and will be announced at the outset of the public hearing.
For Public Hearings, the link to the Zoom meeting will be posted in the Public Hearing Notice as
well as posted on the Deschutes County website at https://www.deschutes.org/bcc/page/public-
hearing-notices.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
CITIZEN INPUT: Citizen Input may be provided as comment on any topic that is not on the
agenda.
Note: In addition to the option of providing in -person comments at the meeting, citizen input comments
may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734. To be
timely, citizen input must be received by noon on Tuesday in order to be included in the meeting record.
CONSENT AGENDA
1. Consideration of Purchase Agreement, Document No. 2022-300, and Permanent
Easement, Document No. 2022-301, from Starwood Association for Right of Way for the
Hunnell Road: Loco Road to Tumalo Road Improvement Project
2. Consideration of Purchase Agreement, Document No. 2022-277, and Dedication Deed,
Document No. 2022-278, from Russell and Lori Cooper for Right of Way for the Hunnell
Road: Loco Road to Tumalo Road Improvement Project
3. Approval of Minutes of the April 13, 2022 BOCC Meeting
4. Approval of Minutes of the April 18, 2022 BOCC Meeting
5. Approval of Minutes of the April 20, 2022 BOCC Meeting
6. Approval of Minutes of the April 27, 2022 BOCC Meeting
ACTION ITEMS
7. 8:05 am PUBLIC HEARING: Remand of Deschutes junction Plan Amendment and Zone
Change Application
8. 9:20 AM Discussion: Public Health Advisory Board (PHAB) Minimum Care Advisory for
Homeless
9. 9:50 AM Consideration of Chair signature of Document No. 2022-404, an Oregon
Health Authority amendment #157345-1
10. 10:00 AM PUBLIC HEARING: Deschutes County Road Department Nighttime Noise
Variance (File No. 247-22-000243-V)
11. 10:10 AM Wildlife Inventory Update -Status Report
LUNCH RECESS: 11:00 a.m. to 2:00 p.m.
May 18, 2022 BOARD OF COUNTY COMMISSIONERS Page 2 of 3
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
EXECUTIVE SESSION
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations, ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor
negotiations, ORS 192.660(2)(b), personnel issues, or other executive session categories.
Executive sessions are closed to the public, however, with few exceptions and under specific guidelines,
are open to the media.
ADJOURN
Deschutes County encourages persons with disabilities to participate in all programs
and activities. This event/location is accessible to people with disabilities. If you need
accommodations to make participation possible, please call (541) 617-4747.
May 18, 2022 BOARD OF COUNTY COMMISSIONERS Page 3 of 3
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BOARD
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MEETING DATE: Wednesday, May 18, 2022
SUBJECT: Public Hearing: Remand of Deschutes Junction Plan Amendment and Zone
Change application 247-20-000438-PA/439-ZC (247-22-000287-A)
RECOMMENDED MOTION:
Open the public hearing for applications 247-20-000438-PA/439-ZC(22-287-A).
BACKGROUND AND POLICY IMPLICATIONS:
On May 18, 202Z the Board of Commissioners ("Board') will hold a limited de novo public held to
consider a remanded decision of the Oregon Land Use Board of Appeals ("LUBA'q regarding a plan
amendment and zone change application proposed by AnthonyAceti ('Applicant'). This hearing is
a continuation of an existing application (247-20-000438-PA/439-ZC), the full record is located on
the project webpage. https•//www deschutes org/cd/page/remand-deschutes-junction-plan-
amendment-zone-change
BUDGET IMPACTS:
None.
ATTENDANCE:
Nicole Mardell, Senior Planner - Long Range
Will Groves, Planning Manager
i..:4�r i FROMA!, °� [
u u•:_01111116
DATE: May 11, 2022
TO: Deschutes County Board of Commissioners
FROM: Nicole Mardell, Senior Planner - Long Range
RE: Public Hearing: Remand of Deschutes Junction Plan Amendment and Zone
Change application 247-20-000438-PA/439-ZC (247-22-000287-A)
On May 18, 2022, the Board of Commissioners ("Board") will hold a limited de novo public
held to consider a remanded decision of the Oregon Land Use Board of Appeals ("LUBA")
regarding a plan amendment and zone change application proposed by Anthony Aceti
("Applicant'). This hearing is a continuation of an existing application (247-20-000438-PA/439-
ZC), the full record is located on the project webpage'.
I. HEARING PROCEDURE
Deschutes County Code 22.32.040 notes that the scope of the proceeding for an application
on remand must be limited to review the issues that LUBA requires to be addressed,
although the Board may use its discretion to reopen the record where it seems necessary.
During the May 4, 2022 work session, the Board determined this hearing would be held
limited de novo meaning that only testimony directed at the issue on remand, the number of
workers resulting from the proposed Rural Industrial zoning and plan designation, will be
considered. Testimony on other matters will not be accepted during the public hearing.
II. BACKGROUND
On June 30, 2020, an application was filed for a Plan Amendment and Zone change
application for a 21.59-acre parcel located at 21235 Tumalo Place, Bend (Taxlot ID
161226CC000201 and 161227D000104). The applicant is requesting to rezone and re-
designate the property from Agriculture/Exclusive Farm Use - Tumalo/Redmond/Bend
subzone (EFU-TRB) to Rural Industrial (RI).
lhttps://www deschutes org/cd/page/remand-deschutes-junction-plan-amendment-zone-
chan e
247-22-000287-A (Remand of Deschutes Junction PA/ZC) Page 1
The Deschutes County Hearings Officer issued a decision recommending approval of the
application on October 8, 2020. The second hearing, as required by the County procedures
ordinance, was held before the Board on December 2, 2020. The Board then adopted
Ordinance 2021-002 on January 27, 2021 approving the application with conditions.
Central Oregon Landwatch appealed the county decision to LUBA. On June 18, 2021 LUBA
issued its Final Opinion and Order remanding the decision to the County for further findings
and conclusions of law. Central Oregon Landwatch then appealed the decision further to the
Oregon Court of Appeals. On November 17, 2021 the Court of Appeals issued an opinion
affirming LUBA's decision to remand the application. On April 7, 2022, the Applicant initiated
remand proceedings under local file no. 247-22-000287-A. The final day in which the County
must issue a final decision on this application is August 5, 2022.
III. LUBA REMAND AND APPLICANT RESPONSE
LUBA, in its Final Opinion and Order, remanded the county decision to address the following
issue:
A. Findings to quantify the number of workers resulting from the requested zone
change/plan amendments and its impact on the Shaffer Test.
The final opinion and order provides the following guidance:
(pg. 30) In Shaffer2 we explained that
"whether a residential, commercial, industrial or other type of use is
'urban' or 'rural' requires a case by case determination, based on
relevant factors identified in various opinions by [LUBA] and the
courts." Shaffer, 17 Or LUBA at 931.
We derived the following factors from case law:
"( 1) relevant characteristics of the proposed use (such as number of
employees, noise, odor, dust and other pollutants emitted, associated
traffic); (2) the ultimate use of the products of the proposed use (e.g.,
whether for urban or rural uses, and in what proportions); (3) the
characteristics of urban development in nearby UGBs; (4) where other
similar uses in the county are located; and ( 5) whether there is a
practical necessity to locate the proposed use in the rural area, close to
a site specific resource." Shaffer, 17 Or LUBA at 946.
(pg. 31) With respect to the Shaffer factors, the county found that the potential
uses would employ a small number of workers and do not require public
facilities or services. The county determined that the DCCP RI policies and
implementing DCC RI use and dimensional limitations will limit the scope and
2 Shaffer v. Jackson County, 17 Or LUBA 922, (1989)
247-20-000438-ZC/439-PA (247-22-000287-A) Page 2
intensity of industrial development to rural use. In particular, the county
references limitations on maximum floor area and requirements for on -site
sewage disposal and on -site wells or public water systems. The county
determined that there was insufficient evidence in the record to determine
whether the potential uses are the types of uses typically located in rural areas
or whether they are significantly dependent on a site -specific resource.
(pg. 33) The county found that the potential industrial uses of the subject
property would employ a small number of workers. Record 77. However, the
challenged decision does not explain the basis for that finding at all or tie that
finding to any specific RI zone regulation or to any evidence in the record
regarding the potential number of workers.
(pg. 35) We decline to reach that conclusion under ORS 197.835(11)(b). It is not
obvious to us that the RI zone regulations will necessarily result in a small
number of workers. Accordingly, we agree with petitioner that remand is
required for the county to explain why it concluded that the potential uses
would employ a small number of workers.
On May 9, 2022, the applicant provided additional materials for Board consideration to
address the item on remand from LUBA, the estimated number of employees generated by
the requested plan amendment and zone change. The full version of these materials can be
accessed through the project website, as noted above. Staff provides an overview of the
material in this section.
Estimated Number of Employees
A letter, dated January 19, 2022, from Joe Bessman, P.E. of Transight Consulting was included
in the submittal to provide findings and justification on the estimated number of employees
on the property. The applicant's engineer notes that no use has been identified on the
property, and have instead provided an analysis of a variety of outright permitted uses that
could reasonably be developed on the property and constitute a reasonable "worst case"
scenario in terms of trip generation and transportation impacts. Anticipated land uses
include: specialty trade contractor, building materials and lumber store, animal
hospital/veterinary clinic, warehousing, and manufacturing. Staff notes there is a 7,500
square foot limitation per building in the RI zone, therefore the applicant's engineer has
anticipated several buildings with several different uses on the 21.54-acre property.
The worst case scenario identifies a total of 63,160 square -feet of development area within
the follow use categories.
247-20-000438-ZC/439-PA (247-22-000287-A) Page 3
Table 1. Estimated "With Rezone" Scenario (Table 2 in June 2020 Report)
Land Use
ITE Code
Size
Weekday
Daily Trips
Weekday
PM Peak
Hour
Total
In
Out
Specialty Trade Contractor (two sites)
180
12,000 SF
123
24
8
16
Building Materials and Lumber Store
812
7,500 SF
135
15
7
8
Animal Hospital/Veterinary Clinic
640
3,000 SF
65
11
4
7
Warehousing (multiple uses)
150
20,330 SF
35
4
1
3
Manufacturing (multiple uses)
140
20,330 SF
80
14
4
10
The applicant then used this information to estimate the anticipated number of employees
shown in the table below.
T�kl. I Ceiimatafl rpnpral I Irhan/Suhurhan Emnlovment
"Worst Case"
ITE
Scenario
Avg. ITE Space per
Land Use
Code
Estimated Size
Employee
Total Employees
Specialty Trade Contractor
180
12,000 SF
1/350 SF
34 Employees
Building Materials and
812
7,500 SF
1/1,500 SF
5 Employees
Lumber Store
Animal Hospital/
640
3,000 SF
1/600 SF
5 Employees
Veterinary Clinic
Warehousing
150
20,330 SF
1/3,000 SF
7 Employees
Manufacturing
140
20,330 SF
1/525 SF
39 Employees
T ota1
90 Employees
The applicant's engineer estimates approximately 90 total employees3 as the worst case
development scenario on the property. Several caveats were included to explain the
methodology of this number. First, the applicant's engineering used the ITE manual to
identify the approximate number of employees associated with each use. The ITE manual
does not include any rural data within its dataset, instead, most industrial uses are classified
using General Urban/Suburban data. Although imperfect, the applicant's engineer finds this
provides a general approximation of the number of employees that could be associated with
each use and the estimate will likely skew higher than will actually occur on the site in the
rural context.
Additionally, the applicant's engineer notes that the 90 employees are not anticipated to be
on site at all times, due to a mixture of full and part time staff, and varying hours of all of the
listed uses. The applicant's engineer states there is an anticipated average of 68 weekday
p.m. peak hour trips including deliveries and public trips to the property, which supports the
conclusion that less than half of employees would be on -site at a given time.
3 Per the Institute of Traffic Engineers Manual (ITE) 11t" Edition: Employee —a full-time, part-time, or per
diem/contract worker. The number of employees refers to the total number of persons employed at a facility, not
just those in attendance at the hour or day the data are collected.
247-20-000438-ZC/439-PA (247-22-000287-A) Page 4
The applicant's attorney Bill Kloos, further explains that even if all employees were on site at
one time, the amount would be approximately4.2 employees per acre, or 2.1 employees per
acre in accommodating varying or part time schedules.
Restrictions on Uses
The applicant notes in the submitted materials that there are several code provisions in
Deschutes County Code (DCC) Section 18.100.010 and 020(A) that restrict the type and
intensity of development that could occur on the property. Specifically, building size is limited
to 7,500 square feet and proximity to residential uses and the highway trigger additional
requirements that limit the developable area of the property. The applicant notes this, in
combination with the findings from the Transight Consulting letter, demonstrate that the
square footage of the uses will be limited, the number of employees, based on this square
footage is relatively small, and supports the conclusion that the use is rural in nature.
Alternative Findings Request
The applicant requests the County adopt precautionary alternative findings in the event the
analysis above is rejected by LUBA. The Shaffer case noted above and interpretation resulting
from discussion of the Shaffer analysis process within the Columbia Riverkeeper' decision
are used to determine whether or not a proposed use is a rural use or urban use on rural
land. The test is comprised of two parts.
The first as cited in Columbia Riverkeeper is to review four questions, none of which are
intended to be conclusive on their own, but instead must be considered together. If each
factor is clearly affirmative - the use is rural in nature. If one factor is negative, additional
analysis is necessary.
The questions ask whether the industrial use:
1. Employs a small number of workers;
2. Is significantly dependent on a site -specific resource and there is a practical necessity
to site the use near the resource;
3. Is a type of use typically located in rural areas; and
4. Does not require public facilities or services
The original Board decision provides extensive analysis on each of these items, and
additional detail on the number of workers is provided above. With that, the applicant
acknowledges there is not site -specific resource and additional analysis would likely be
required.
The second step, as required if one or more of the items above are negative, requires the
County to do one or more of the following:
1. Limit the allowed uses to effectively prevent urban use of rural land;
2. Take an exception to Goal 14; or
3. Adequately explain why the proposed use, notwithstanding the presence of one or
more factors pointing toward an urban nature, should be viewed as a rural use.
4 Columbia Riverkeeper v. Columbia County, 70 Or LUBA 171 (2014)
247-20-000438-ZC/439-PA (247-22-000287-A) Page 5
The applicant notes in the supplemental materials, that the Deschutes County code already
limits Rural Industrial Uses (as cited above), to levels less intensive than those allowed for
unincorporated communities. Restrictions on uses, dimensional standings, off-street
parking, and site design will all apply to rural industrial development in this zone, and were
adopted and acknowledged by the Oregon Department of Land Conservation and
Development to effectively prevent urban uses on rural land. With this assertion, the
applicant feels that there is no additional information required to demonstrate the use is
rural in nature and therefore the application should be approved.
IV. RESOLVED ISSUES AND PUBLIC COMMENT
The following are issues that have been resolved by LUBA orwere not included in the remand
and therefore cannot be considered by the Board in its decision:
Whether the applicant's TIA evidence provided the 'worst case' development scenario
that assumes the most intensive level of development that could be allowed under RI
zoning on the property given that any rural industrial use is subject to zone, site plan
review and conditional use criteria that apply not only as a result of any specific use,
but also as a result of the property's location and relationships to adjacent residential
uses.
• Challenges to the accuracy or credibility of the traffic -related evidence and analysis
including but not limited to traffic counts, whether it represents a worst case scenario,
or is otherwise valid.
• Whether the Deschutes County Comprehensive Plan limits the Rural Industrial plan
designation to existing rural industrial development and cannot be applied to the
subject property.
• That the proposal fails to comply with Goals 6 and/or 11.
• That industrial development is a perse urban use that requires a Goal 14 exception if
on rural land.
• That the County misconstrued the Curry County decision as it applies to Goal 14.
• That the County is prohibited as a matter of law from analyzing Goal 14 compliance
in the context of RI zoning in the absence of a specific proposed industrial use.
• Challenges to the finding that the RI zone "effectively prevent[s] urban use of rural
land" by subjecting all development in the RI zone to the requirements of DCC chapter
18.100, which allow development that is less intense than that allowed under the
Unincorporated Communities Rule."
• Challenges to the finding that "the policies of the DCCP, implemented by DCC Chapter
18.100, which is an acknowledged land use regulation, do not allow urban uses on RI
designated and zoned land."
247-20-000438-ZC/439-PA (247-22-000287-A) Page 6
• Challenges to the finding that "[t]he property is located about 3.25 miles north of
Bend and 6.5 miles south of Redmond via US 97."
• Challenges to the finding that the subject property is served with existing water
service.
Staff received one comment from Central Oregon Landwatch regarding the applicable
criteria listed in the notice of public hearing. The comment has been uploaded to the project
website. Testimony submitted after the date of this memorandum will be uploaded to the
project website.
V. NEXT STEPS
The Board will conduct a hearing on this item on May 18, 2022. Following the hearing the
Board may choose to:
• Continue the hearing to a date and time certain;
• Close the oral portion of the hearing and leave the written record open to a date and
time certain; or
• Close both the oral and written portions of the hearing.
247-20-000438-ZC/439-PA (247-22-000287-A) Page 7
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Meeting on Wednesday May 18, 2022
DATE: 5/11 /2022
FROM: Tom Kuhn, Health Services
TITLE OF AGENDA ITEM:
Public Health Advisory Board (PHAB) Minimum Care Advisory for Homeless
RECOMMENDATION & ACTION REQUESTED:
No Recommendation or Action needed at this time.
BACKGROUND AND POLICY IMPLICATIONS:
The Deschutes County PHAB is charged with informing the Board of County Commissioners
and the County Administrator about emerging public health threats, legislation, and health
issues in need of attention (PHAB Bylaws, 2017). A PHAB subcommittee was formed earlier
this year to begin drafting a document to be shared with the Commissioners that recommends
a minimum care standard for homeless citizens of Deschutes County, to minimize reduced
health resulting from being homeless. This document has been created as a guide for the
Commissioners to reference when they must make decisions regarding the homeless
population in Deschutes County.
FISCAL IMPLICATIONS:
None
ATTENDANCE:
Dave Huntley, PHAB Chair
Dr. Peter Boehm, PHAB Member
Colleen Sinsky, PHAB Member
Tom Kuhn, Community Health Manager
Minimum Care Advisory for Homeless
April 28, 2022
Deschutes County
Public Health Advisory Board (PHAB)
Tntrodiietion
This PHAB document recommends a minimum care standard for homeless citizens of Deschutes
County to minimize reduced health resulting from being homeless.
This advisory document does not identify how the care will be delivered or funded. It can be used to
inform the Deschutes County Homeless Outreach Coordinator in helping community organizations
meet a Deschutes County minimum standard for the homeless. Furthermore this document can be
used in conjunction with the annual Point In Time (PIT) to inform the community about the size of the
need, logistical planning and locations for services.
This advisory is based upon The Sphere Project, an international standard developed for humanitarian
responses of displaced populations and modified for our community.
Executive Summary
• There are a number of local groups are working to shelter to homeless people.
• There were 824 persons identified during the 2021 PIT as unsheltered.
• There have been year on year increases of homeless from 2015 to 2021
• It is generally accepted that the PIT is an under -count. Some estimate 40% low.
• Lack of sewage and trash services impacts neighbors and the homeless
• Lack of adequate safe water negatively affects the health of homeless.
• Mobile clinics report that frequent clearance of homeless people negatively affects their
healthcare: Clients can't be found for follow up chronic health care and often lose prescription
medications in the moving process
Recommendations:
Deschutes County should work with homeless communities, NGOs, and local governments to supply:
• Safe water,
• Toilets,
• Trash collection
• Coordinate medical care working with area providers.
Background
The international NGO community assembled minimum standards in humanitarian response and
published them in The Sphere Handbook in 1998. The 2018 edition is the fourth edition which has the
technical chapters updated to reflect current practices.
Current Need
Deschutes County has had a homeless census for the past 7 years. The number have approximately
doubled.(Table 1) There are many situations that contribute to a person losing their home, such as loss
of job, an unaffordable increase in rent, medial and other unexpected bills. During the January 2021
PIT count we found 824 people were homeless, (Table 2)
The Homelessness Leadership Coalition and other community groups, have worked to re -house our
homeless citizens. However, our community has not been able to keep up with the increase number of
homeless. County level plans and guidelines to keep homeless citizens from deteriorating health until
they can be successfully housed are in development
PIT POPULATION 2015 2017 2018 2019 2020 2021 2022
TOTAL (Adults +Children)
594
778
787
880
969
1099
All Households
409
510
572
616
586
836
Individuals in Families (1AD +1CH)
211
284
199
243
360
165
Adults (18+ years old)
465
615
663
773
604
989
All Children (<18 years old)
129
163
124
147
203
110
Unaccompanied Children (<18)
12
7
15
20
6
18
All Youth (18-24 years old)
55
78
94
76
71
175
Unaccompanied Youth (18-24)
43
61
83
52
48
154
Veterans
>59
83
60
62
59
89
Chronically Homeless Veterans
30
49
22
22
_ 27
8__
Chronically Homeless Individuals
161
187
139
160
286
74
Tablel: Point In Time (PIT) counts by year 2015 to 2021. https:Hcohomeless.org/agency-tools/point-
in-time-count/
PIT Unsheltered
2021
Children (<18)
75
Young Adult (18-24 years old)
151
Adults (18+ years old)
598
total 624
Table 2: Point In Time (PIT) count of Un-Housed for 2021 https://cohomeless.org/agency-tools/point-
in-time-count/
Definition of Homeless for PIT Count:
HUD Literally Homeless Definition (§ 578.3)
Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:
• Has a primary nighttime residence that is a public or private place not meant for human
habitation; or
• Is living in a publicly or privately operated shelter designated to provide temporary living
arrangements (including congregate shelters, transitional housing, and hotels and motels paid
for by charitable organizations or by federal, state and local government programs); or
• Is exiting an institution where (s) he has resided for 90 days or less and who resided in an
emergency shelter or place not meant for human habitation immediately before entering that
institution.
Deschutes County Public Health Advisory Board 2022 Priorities
Each year the PHAB establishes a set of priorities based upon the needs of the community. One of the
priorities for 2022 was to address the public health aspects of homelessness. We established a
committee to review current programs operated by NGOs, health programs operated by care providers
under Medicaid /Medicare system and the county's public health department. We found the largest gap
in services that negatively affects the health of the homeless as well as negatively affecting community
public health were those around Water, Sanitation and Hygiene (WASH).
The issue of providing health maintaining WASH services for displaced homeless and refugees has
long been recognized as vital by World Health Organization, Red Cross Red Crescent, and Doctors
without Borders to name a few. These international NGOs assembled a set of minimum standards in
humanitarian response and published them in The Sphere Handbook for 1998. The 2018 edition is the
fourth edition and has been updated to reflect current practices. We used the Sphere WASH standard to
inform our analysis of need for the homeless in our community
continues on next page:
Sphere 2018 Water Sanitation and Hygiene (WASH) Diagram
The figure below is from the 2018 Sphere document showing the components of their WASH
programs. We use this as a guide for informing what is needed within our community.
Humanitarian
Charter
Protection
Principles
Care
Humanitarian
Standard
Hygiene
Water
Excreta
Vector
Solid waste
promotion
supply
management
control
management
Standard 1.1
Standard 2.1
Standard 3.1
Standard 4.1
Standard 5.1
Hygiene
Access and
Environment
Vector control
Environment
promotion
water quantity
free from
at settlement
free from solid
human excreta
level
waste
Standard 1.2
Standard 2.2
Standard 3.2
Standard 4.2
Standard 5.2
Identification,
Water quality
Access to and
Household and
Household and
access and
use of toilets
personal
personal
use of hygiene
actions to
actions to
items
control vectors
safely manage
solid waste
Standard 1.3
Standard 3.3
Standard 5.3
Menstrual
Management
Solid waste
hygiene
and main-
management
management
tenance
systems at
and
of excreta
community
incontinence
collection,
level
transport,
disposal
and treatment
WASH in
disease
outbreaks and
healthcare
settings
Standard 6
WASH in
healthcare
settings
APPENDIX 1 Water supply, sanitation and hygiene promotion initial needs assessment checklist
APPENDIX 2 The F diagram: Faecal —oral transmission of diarrhoeal diseases
APPENDIX 3 Minimum water quantities: survival figures and quantifying water needs
APPENDIX 4 Minimum numbers of toilets: community, public places and institutions
APPENDIX 5 Water- and sanitation -related diseases
APPENDIX 6 Household water treatment and storage decision tree
Core Minimum Care Needs
1- Water Supply (Sphere 2018 WASH pg 89ff)
Lack of access to reliable and adequate water source has a significant detrimental effect on the
health of the homeless. Inadequate drinking water can cause dehydration leading to heat
related diseases (heat exhaustion or heat stroke), Dehydration can also occur in colder weather.
Lack of an adequate water source limits bathing and personal hygiene, including such crucial
health care as cleaning of wounds and chronic diabetes foot ulcers. (Tips for Healthy Feet
Summary https://www.cdc.gov/diabetes/library/features/healthy-feet.html)
The following are recommendations for water quantity used for drinking, cooking, and
personal hygiene:
Water, 2- 4 Gallons (7.5 -15 liters) per person per day (Sphere 2018 WASH Pg 107
Distance to water source: less than 1/3 mile (500 m)
At least one water source per 250 people.
Flow rate at source 2 gallon/ min (0.125 1 per second)
Provide storage containers suitable for transporting water from source.
2- Excreta Management (Sphere 2018 pg 113 ff)
Where a lack of facilities exists, many homeless people will self -dehydrate to limit the
frequency of urination. Dehydration leads to heat and cold related medical emergencies.
People need to have a safe and sanitary place to urinate and defecate. By providing excreta
management it also protects the community around homeless community as well as homeless
citizens of our county. The following recommendations are:
Maximum of 20 people per toilet (Sphere 2018 pg118
Toilet ratio 3 :1 women to men (Sphere 2018 pg 118)
Arranged by household (Sphere 2018 pgl18)
Segregated by sex
Safety — Locking door.
Distance from dwellings 50 yards (50 m) (Sphere 2018 pg117)
Hand washing stations with soap (Sphere 2018 pg118)
3- Vector Control (Sphere 2018 pgl21 ff)
It is important to control flies, mosquitoes, mice and rats. Flies, rats and mice contribute
contaminating food supplies and spreading disease. Our community is home to deer mice
which can be a reservoir of the Hanta virus.
Provide:
Trash and garbage containers with pick up services (pg 126 ff standard 5.1)
Provide adequate food storage containers. (pg 209 )
4 Drainage (Sphere 2018 pg237 ff)
Homeless communities should be evaluated for drainage and to minimize standing water.
(urban pg 241, drainage of rainfall pg 252)
5- Hygiene Promotion (Sphere 2018 pg96 ff)
The following hygiene supplies are usually difficult for homeless to obtain.
These items should be made available:
Soap and Laundry detergent (pg 99 -hand washing with soap also, pg 100)
Toilet paper (pg 99 -promoting the use of toilets)
Menstrual supplies (pg 102 standard 1.3)
Incontinence supplies (pg 102 standard 1.3)
Safe storage for prescriptions and medical supplies. These should be locked to prevent
theft and should be water tight and insulated to maintain prescription medicine efficacy.
6- Health Care Services (Sphere 2018 pg289ff)
Recommend that community providers such as the Mosaic Van, urgent care, ER and county
health department plan for best practices (Standard 1.1 pg 298)
Appendix
Reference Documents
Point In Time (PIT) count central Oregon:
https://cohomeless.org/
HUD Continuum of Care (CoQ Program
htlps://www.hudexchange.info/programs/coc/
The Sphere Project
https: //spherestandards. org/
The Sphere Handbook 2018
https: Hspherestandards. org/wp-content/uploads/Sphere-Handbook-2018-EN.pdf
The Sphere COVID-19 guidance
https: //spheresta,idards. org/coronavirus/
Related articles and videos:
UNHCR WASH Manual 2014
http•//wash.unhcr.or /g Cover and Prelims.pdf
Housing instability and food insecurity as barriers to health care among low-income
Americans, Margot B Kushel 2oo6
https://pubmed.ncbi.nlm.nih.gov/1642.'1128/
The Right to WASH: Is San Francisco Willing to Ensure this Foundational Human Right?
https•//www streetsheet org/the-right-to-wash-is-san-francisco-willing-to-ensure-this-foundational-
human-right/
Homeless Leadership Coalition Annual Central Oregon PIT
https•//ktvz com/top stories/2022/01/19/homeless-leadership-coalitions-annual-c-o-point-in-time-
count-be gins-monday/? fbclid=IwAROoc-
tuok87QGegOnAG7ug_gfwZrD zL5Nf J5gQQCADxTGTN5gSYv37gzc
Bend Bulletin: Worth your time: Bend Bulletin's `Faces of Homelessness'
https•//www kgw com/video/news/local/the-story/worth-your-time-bend-bulletins-faces-of-
homelessness/283-al f6a6e8-9eed-4d71-97ce-48189262a8f7
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01 E S CpG�a
BOAR® OF
COMMISSIONERS
MEETING DATE: Wednesday, May 18, 2022
SUBJECT: Public Hearing: Deschutes County Road Department Nighttime Noise Variance
(File No. 247-22-000243-V)
RECOMMENDED MOTION:
Road Department and CDD Staff recommend approval as the request is in the interest of safety
and convenience of both the travelling public and road construction workers.
BACKGROUND AND POLICY IMPLICATIONS:
The Board will conduct a public hearing on May 18, 202Z to consider a request for a nighttime
(10 p.m. - 6 a.m.) Noise Variance (File No. 247-22-000243-V) to construct bridge approach
repairs and pavement rehabilitation on Tumalo Road and Deschutes Market Road between
Tumalo Place and 191" Street. The nighttime work is expected to take approximately three weeks
and will begin after June 1, 202Z and be completed by August 31, 2022.
BUDGET IMPACTS:
None.
ATTENDANCE:
Tarik Rawlings, Associate Planner
MEMORANDUM
TO: Deschutes County Board of Commissioners (Board)
FROM: Tarik Rawlings, Associate Planner
DATE: May 11, 2022
SUBJECT: Public Hearing: Deschutes County Road Department Noise Variance request
The Board of County Commissioners (Board) is conducting a public hearing on May 18, 2022, to
consider a request for a nighttime (10 p.m. - 6 a.m.) Noise Variance (File No. 247-22-000243-V) to
construct bridge approach repairs and pavement rehabilitation on Tumalo Road and Deschutes
Market Road between Tumalo Place and 19t" Street. The nighttime work is expected to take
approximately three weeks and will begin after June 1, 2022, and be completed by August 31, 2022.
I. SUMMARY
The Deschutes County Road Department is requesting a nighttime Noise Variance to construct bridge
approach repairs and pavement rehabilitation on'Tumalo Road and Deschutes Market Road between
Tumalo Place and 19t" Street. Due to high daytime traffic volumes in the project vicinity (Average Daily
Traffic of 7,369), construction needs to be performed during nighttime hours (10 p.m. - 6 a.m.).
Single -lane closures will be required to perform the work, requiring temporary traffic control via
flagging and pilot car operations. Performing construction during nighttime hours will reduce the
inconvenience to the traveling public by reducing the length of traffic queues resulting from flagging
operations. Traffic volumes during nighttime hours within the project corridor are approximately 90%
less than daytime volumes, according to a Road Department traffic study conducted within the
project limits in August 2019. Daytime traffic volumes are high enough to cause extensive traffic
queues upstream of the project on Tumalo Road/Tumalo Place and Deschutes Market Road, as well
as US Highway 97. Nighttime construction will minimize the propensity for traffic queues to become
excessively long and cause delays to the public.
II. PUBLIC COMMENTS
Since the Notice of Public Hearing was mailed to neighboring property owners on April 19, 2022,
and published in the Bend Bulletin on April 24, 2022, no public comments have been received.
III. RECOMMENDATION
It is the Road Department's opinion that the public nuisance caused by nighttime construction will
be benign in comparison to the nuisance caused by traffic queues resulting from daytime
construction. In the interest of the safety and convenience of both the traveling public and the
workers within the construction work zone, staff recommends the subject noise variance request
be approved.
ATTACHMENTS:
1. 247-22-000243-V Application Materials, including project area and noise impact area map
2. Document # 2022-378 - Draft Noise Permit
3. Land Use Sign Affidavit
Page 2 of 2
ES
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File No. 247- c>7a�"���o�Z%�%
4� �iJ1
_ COMMUNITY
NOISE PERNITAPPLICATION
INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED
1. Complete the application form and provide appropriate original signatures. To ensure timely
processing of your application, all materials must be submitted on single -sided, 8.5" x 11" paper. Do
not use binders, tabs/dividers, staples or tape.
2. Include a copy of the current deed showing the property owners.
3. Attach correct fee.
4. Include a plot plan that shows all property lines and existing and proposed structures, parking,
landscaping, lighting, etc.
5. If this application includes oversized plans a single, reduced -size plan no larger than 11"x 17" with graphic
scale shall also be included.
6. All applicable standards and criteria must be addressed in writing prior to acceptance of the
application. Detailed descriptions, maps and other relevant information must be attached to the
application.
FEE:
Applicant's Name (print): Cody Smith, Deschutes Co. Road Dept. Phone: (541) 322-7113
Mailing Address: 61150 SE 27th St. City/State/Zip: Bend, OR 97702
Applicant's Email Address: Cody.Smith@deschutes.org
Property Owner's Name (if different)*: N/A Phone: (N/A)
Mailing Address: N/A City/State/Zip: N/A
1. Property Description:
T16S R 12E, Section 26. (No tax lots - County road right of way)
2. Property Zone(s): EFU & RI
Property Size (acres or sq. ft.): N/A
3. Lot of Record? (State reason): N/A, County road right-of-way
4. Property Address: N/A, County road right-of-way
5. Present Use of Property: County road, Rural Collector/Rural Arterial
6. Existing Structures: Five public highway bridges (BR#18394, BR#18208, BR#18299, BR#18493,
BR# 18494)
7. Request:
Deschutes County Road Department (Road Department) is requesting a nighttime noise variance
to construct bridge approach repairs and pavement rehabilitation on Tumalo Rd and Deschutes
Market Rd between Tumalo Place and 19th Street. Due to high daytime traffic volumes in the Project
11 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
'Q1 (541) 388-6575 @cdd@deschutes.org w.deschutes.org/cd
Rev 5/18
vicinity (Average Daily Traffic of 7,369), construction needs to be performed during nighttime hours
(10 p.m.-6 a.m.).
Single -lane closures will be required to perform the work, requiring temporary traffic control in the
form of flagging and pilot car operations. Performing construction during nighttime hours will reduce
the inconvenience to public road users by reducing the length of traffic queues resulting from
flagging operations. Traffic volumes during nighttime hours within the Project corridor are
approximately 90% less than daytime volumes, according to a Road Department traffic study
conducted within the Project limits in August 2019. Daytime traffic volumes are high enough to
cause extensive traffic queues upstream of the Project on Tumalo Rd/Tumalo PI and Deschutes
Market Rd, as well as US 97. Nighttime construction will minimize the propensity for traffic queues
to become excessively long and cause delays to the public.
It is the Road Department's opinion that the public nuisance caused by nighttime construction will
be benign in comparison to the nuisance caused by traffic queues resulting from daytime
construction. The Project is located primarily in a Rural Industrial (RI) -zoned area, and there are
no residences in the immediate vicinity of the Project site. The Federal Highway Administration
(FHWA) "Construction Noise Handbook" describes construction equipment noise levels and provides
the following information for all equipment that may be used on the project. This data is for the
period beginning in 1970 through 2006. The information is for both stationary and mobile sources
and for steady, intermittent, and impulse type noises.
Equipment Description
Spec. 721.S60 L„,.
50 feet (dBA,
slow)
Actual measured L...
@ 50 feet (dBA, slog)
((Samples averaged)
Backhoe
80
78
Compactor round
80
83
Compressor air
80
78
Dump Truck
84
76
Flat Bed Truck
84
74
Front End Loader
80
79
Generator
82
81
Grader
85
N/A
Pavement Scarifier
85
90
Paver
85
77
Pickup Truck
55
75
Pneumatic Tools
85
85
Roller
85
80
Vacuum Street Sweeper
80
82
Warning Horn
85
1 83
Source: Table 9.1 RCNM Default Noise Emission Reference Levels and Usage Factors
For each generic type of equipment listed in the table, the following information is provided:
• The specification "Spec" limit for each piece of equipment expressed as Lmax level in dBA
"slow" at a reference distance of 50 feet from the loudest side of the equipment.
• The measured "Actual" emission level at 50 feet for each piece of equipment is based on
hundreds of emission measurements performed on Central Artery/Tunnel (CA/T) work sites.
The National Highway Institute (NHI) provides additional information on what occurs when there
are no barriers or objects between the source and receptor. Noise levels decrease 6 dBA each time
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Q, (541)388-6575 @acdd@deschutes.org vQ9w.deschutes.org/cd
the distance from the point source doubles in paved environments. In locations where soft ground
exists, an additional 1.5 dBA decrease occurs per doubling distance. When the above numbers
differ, the Road Department has used the higher (noisier) values when determining the dBAS for
the equipment to be used.
The Planning Division utilizes the Department of Environment Quality (DEQ) standards for noise as
set forth in Oregon Administrative Rule (OAR) 340-035-0035 when reviewing noise permits under
Deschutes County Code (DCC) 8.08. The Road Department has used Table 8, New Industrial and
Commercial Noise Source Standards, from OAR 340-035-0035 to determine the potential noise
impact area. Table 8 sets a nighttime standard of 50 dBA for noise. The highest dBA from the
equipment table is 90 dBA, resulting in a potential noise impact area of a 3,200-foot radius from
Tumalo Road and Tumalo Place. At 3,200 feet the highest expected dBA from any equipment
would be 48 dBA, which meets the DEQ standard. Approximately 227 properties are within the
noise radius area, many of which do not have residences. The impacted properties are shown on
the attached map, Figure 1.
The nighttime work is expected to begin no sooner than June 1, 2022. The duration of the nighttime
work is anticipated to be no more than three weeks. The work will be completed by August 31,
2022. Nighttime work will occur between 10 p.m. and 6 a.m. Sunday night through Friday morning
each week. The Road Department will issue a media release to inform the travelling public no later
than one week prior to start of work. Additionally, portable changeable message boards will be
installed on Deschutes Market Rd and Tumalo Rd no later than two weeks prior to start of work.
8. Property will be served by:
Sewer: N/A as project occurs on public right of way and no sewer is present.
Onsite Disposal System: N/A, on -site portable systems will be used as necessary_
9. Domestic Water Source: N/A.
To the best of my knowledge, the proposal complies with all previous conditions of approval and all other
applicable local, state, and federal laws. By signing this application, I acknowledge that Deschutes
County planning staff may make a site visit(s) to the address(es) listed on this application in order to
evaluate the property(ies) with the Deschutes County Code criteria applicable to the land use request(s)
submitted. Please describe any special circumstances regarding a potential site visit:
Date:2022.02.22
Applicant's Signature: I/ 13:36:52-08'00' Date:
Property Owner's Signature (if different)*: Date:
Agent's Name (if applicable):
Phone: ( )
Mailing Address: City/State/Zip:
Agent's Email Address:
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Q, (541) 388-6575 Ca)cdd@deschutes.org w.deschutes.org/cd
*If this application is not signed by the property owner, a letter authorizing signature by the
applicant must be attached. By signing this application, the applicant understands and
agrees that Deschutes County may require a deposit for hearings officers' fees prior to the
application being deemed complete. If the application is heard by a hearings officer, the
applicant will be responsible for the actual costs of the hearings officer.
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Q1 (541)388-6575 @cdd@deschutes.org vew.deschutes.org/cd
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REVIEWED
LEGAL COUNSEL
For Recording Stainp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
NOISE PERMIT
PURSUANT TO DESCHUTES COUNTY CODE (DCC) CHAPTER 8.08
LOCATION: Tumalo Road and Deschutes Market Road from 19`h Street to Tumalo Place.
FILE NUMBER: 247-22-000243-V
OWNER: Deschutes County Road Department
OPERATOR: Cody Smith PHONE: (541) 322-7113
PROJECT DESCRIPTION: The applicant requests approval of a noise permit to allow nighttime construction to
construct bridge approach repairs and pavement rehabilitation on Tumalo Road and Deschutes Market Road
between Tumalo Place and 19`h Street.
DATES AND TIMES OF PROJECT: Nighttime construction activities are anticipated to begin no sooner than
June 1, 2022, and are anticipated to be completed no later than August 31, 2022. Nighttime construction will
occur Sunday night through Friday morning, between 10:00 p.m. and 6:00 a.m.
FINDINGS: The Board of County Commissioners ("Board") finds that a public necessity exists for granting this
permit for construction hours between 10:00 p.m. and 6:00 a.m. The Board bases the findings on evidence in the
record and testimony at the hearing. These findings include:
1. A need to construct bridge approach repairs and pavement rehabilitation on Tumalo Road and Deschutes
Market Road between Tumalo Place and 19`h Street;
2. A desire to conduct construction from 10:00 p.m. to 6:00 a.m. to minimize traffic delays, decrease the risk
of construction related accidents on Tumalo Road and Deschutes Market Road, and reduce potential
traffic queues affecting US 97 and County roads.
CONDITIONS OF APPROVAL:
1. Construction activities may be conducted beginning June 1, 2022.
2. Fifteen days prior to commencing any construction activities, the Owner shall notify all property owners
who testified at the public hearing for this permit of the dates and times the construction activities will
occur.
3. This permit expires August 31, 2022.
4. THE APPROVED PERMIT SHALL BE RETAINED ON -SITE UNTIL THE PROJECT IS
COMPLETE.
5. BY ACCEPTANCE OF THIS PERMIT, OWNER/OPERATOR CONSENT TO ALLOW BOTH
COUNTY CODE ENFORCEMENT AND LAW ENFORCEMENT PERSONNEL TO COME ON THE
PREMISES FOR WHICH THE PERMIT HAD BEEN GRANTED FOR THE PURPOSE OF
INSPECTION AND ENFORCEMENT OF THE TERMS AND CONDITIONS OF THE PERMIT AND
DCC 8.08, AND ANY OTHER APPLICABLE LAWS OR ORDINANCES.
PAGE 1 of 2- DOCUMENT No. 2022-378
Dated this of , 2022 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
PATTI ADAIR, Chair
ANTHONY DEBONE, Vice Chair
PHIL CHANG, Commissioner
PAGE 2 of 2- DOCUMENT No. 2022-378
Mk
COMMUNITY DEVELOPMENT
LAND USE ACTION SIGNS
A land use action requires the posting of a sign, which provides a brief description of the application
submitted. It is the applicant's responsibility to post this sign at least ten (10) days before the date set for
receipt of comments. The sign is to be posted so that it is clearly visible along the most traveled street.
The sign should be mounted on a sturdy backing, such as plywood, and posted within ten (10) to fifteen
(15) feet of the street so that it is visible from the street. Please do not attach the sign to a tree. It is
advisable to cover the sign with protective material such as plastic wrap to protect it from inclement
weather. Please remove the sign at the end of the comment period.
THE APPLICANT SHALL PROVIDE AN AFFIDAVIT ATTESTING TO THE FACT THAT THIS SIGN HAS BEEN POSTED.
LAND USE ACTION SIGN AFFIDAVIT
STATE OF OREGON )
File Number(s) ZqJ-7.2- WZVi�-V
) ss.
COUNTY OF DESCHUTES )
1, 'rr-AV15 &5TV91>7 , being first duly sworn, depose and state as follows:
(Name)
placed a Notice of Land Use Action sign on the Applicant's property on 11AAYi 10
(Date)
20-U, where it can be clearly seen from 'DocliyW 1AA-0-U67� ,90
(Name of road)
If the land use sign notices a hearing, the hearing is to be held on Q
(Date)
Dated this -M-- day of_091 202Z.
Affiant
Subscribed and sworn to before me this 10 day o, 4W 20
OFF101AL STAMP / UI
MIKAELA K COSTIGAN
NOTARY PUBLIC-OREOON Notary Public for Oregon
COMMISSION NO.1013488
MY COMMISSION EXPIRESJUNE21,202 My Commission Expires: 2
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, B nd, OR 97708-6005
L (541) 388-6575 @ cdd@deschutes.org O www.deschutes,org/cd
I ES coG2�
MEETING DATE: 5/18/2022
SUBJECT: Wildlife Inventory Update - Status Report
BACKGROUND AND POLICY IMPLICATIONS:
Staff is providing an update to the Board of County Commissioners (Board) concerning the
mule deer wildlife inventory update project. First, staff will provide a brief overview of the
project and will outline the draft amendment concepts that have emerged from Oregon
Department of Fish and Wildlife (ODFW) recommendations as well as prior discussions with
the Board. Next, staff will provide a tentative timeline of the project.
BUDGET IMPACTS:
None
ATTENDANCE:
Tanya Saltzman, Senior Planner
Will Groves, Planning Manager
Peter Gutowsky, CDD Director
•
COMMUNITY
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Tanya Saltzman, AICP, Senior Planner
DATE: May 11, 2022
SUBJECT: Wildlife Inventory Update - Status Report
Staff is providing an update to the Board of County Commissioners (Board) concerning the mule
deer wildlife inventory update project. First, staff will provide a brief overview of the project and
will outline the draft amendment concepts that have emerged from Oregon Department of Fish
and Wildlife (ODFW) recommendations as well as prior discussions with the Board. Next, staff will
provide a tentative timeline of the project.
On August 30, 2021, staff provided the Board with a summary of the public outreach effort for the
first phase of the wildlife inventory update project, which was funded by a Department of Land
Conservation and Development (DLCD) Technical Assistance Grant.' In the fall, staff provided the
Board with a "roadmap" of potential options pertaining to a wildlife inventory update,2 and
followed up several weeks later.3 Ultimately, the Board directed staff to pursue an update of one
inventory, mule deer winter range, as a pilot project.
I. Wildlife Inventory Update Overview
As stated previously, the process for updating a Goal 5 wildlife inventory is prescribed by Oregon
Administrative Rules (OARs). Oregon counties rarely, if ever, undergo the process to update
existing wildlife inventories because, unlike cities, they are not required to comply with periodic
review.' By choosing to undertake a Goal 5 wildlife inventory update, Deschutes County is moving
forward with a rarely -utilized and complex process that, while a significant effort, can hopefully
provide an example of best practices for other jurisdictions as well as the County for future efforts.
' https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-12
Z https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-16
s https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-25
4 Periodic Review is a term used in Oregon law to describe the periodic evaluation and revision of a local comprehensive
plan. Prior to 2003, state law (ORS 197,628 — 636) called for counties to review their comprehensive plans according to a
periodic schedule established by the Land Conservation and Development Commission (LCDC). The Oregon Legislature
eliminated periodic review requirements for counties in 2003 (SB 920).
Over the last several months, staff has been constructing the draft amendments and
corresponding findings. These will be provided to the Board prior to the hearings process as they
are finalized; staff is providing a general overview here.
The amendments will:
• Update Deschutes County's Comprehensive Plan, Chapter 2, Resource Management,
Section 2.6, Wildlife, by describing the mule deer winter range update.
• Update other sections of County Code to be consistent with proposed changes to the
Wildlife Area (WA) Combining Zone.
• Create a new WA Combining Zone specifically related to mule deer winter range that
corresponds to the boundaries determined by the Interagency Working Group (including
ODFW and a wildlife biologist consultant) during the first phase of the project. The
methodology for determining these boundaries was described in the Interagency Report
and the Public Outreach Report provided to the Board last fall.
o The boundaries of the existing WA Combining Zone remain unchanged.
• Allow, limit, or prohibit certain land uses determined to be "conflicting" with mule deer
winter range. The decision to allow, limit, or prohibit each use is derived from an ESEE
(Economic, Social, Environmental, Energy) analysis, a decision -making methodology
outlined in OAR 660-023-0040, which then becomes incorporated into the findings
document for the amendments.
o The existing WA Combining Zone already prohibits some uses. However, ODFW has
subsequently recommended additional prohibitions which will now be applied to
both the existing and new WA zone; the end result will be that both WA zones have
the same use prohibitions/limitations/allowances, though there may be moderate
differences between the existing and new WA zones to some of the proposed
limitations.
The current WA Combining Zone for mule deer winter range covers approximately 315,847 acres,
and the proposed additional area covers 188,132 acres, resulting in a total of 503,979 acres.
Unincorporated communities (Tumalo, Terrebonne, Sunriver, Black Butte Resort, and Inn of 7t"
Mountain / Widgi Creek Resorts) remain exempt from the provisions of DCC Chapter 18.88.
Of the proposed 188,132 acres:
• 113,262 acres (61 %) are on federal land
• 74,870 acres (39%) are on nonfederal land
Disaggregating the 74,870 acres on nonfederal land subject to Deschutes County's land use
authority:
-2-
0 54,474 acres (3,619 tax lots) zoned Exclusive Farm Use
0 915 acres (12 tax lots) zoned Forest Use
0 9,358 acres (1,635 tax lots) zoned RR-10
0 7,597 acres (1,529 tax lots) zoned MUA-10
Conflicting Uses and ESEE Analysis
ODFW provided a list of conflicting land uses they recommended be prohibited in the existing and
proposed winter deer ranges —these include the existing conflicting uses already prohibited in the
current WA zone, as well as conflicting uses subsequently identified by ODFW and a 2009
Interagency Report. The human activity associated with these uses have various impacts on the
winter range, ranging from noise to impediments to movement across land.
Staff has taken the ODFW recommendations and in some cases, "translated" or consolidated them
to reflect current code language. For instance, due to changes in state law, the use referred to as
"bed and breakfast inn" is now called "room and board arrangement" when located in the EFU
zone.
The findings document and the ESEE analysis will provide an examination of each conflicting use
based on the methodology outlined in OAR. Ultimately, the ESEE is a decision -making tool
designed to weigh the positive and negative economic, social, environmental, and energy
consequences of allowing a use, limiting a use, or prohibiting a use. The ESEE is not intended to
require separate studies for aspects such as industry profits/loss, employment statistics, scientific
data and the like. As stated in OAR 660-023-0040, ESEE Decision Process, "The ESEE analysis need
not be lengthy or complex, but should enable reviewers to gain a clear understanding of the
conflicts and the consequences to be expected."
In addition to the use prohibitions and limitations established through the 1992 process that
created the existing WA combining zone, staffs draft ESEE analysis will list certain newly identified
conflicting uses that should be prohibited, limited, or allowed fully, despite the possible impacts
on the deer winter range. Staff is continuing to consult with the Department of Land Conservation
and Development and ODFW prior to the initiation of the public process and reiterates that the
draft concepts represent a starting point for the public process that the Board may ultimately
refine. Based on recommendations from ODFW, the decisions made during the 1992 process, the
relative prevalence of certain uses, and staffs understanding of Board priorities, staff anticipates
the draft amendments will include the following regulations:
Allowed with Limitations
Allowing the following use subject to restrictions during the time of year deer use the winter
range (from December through April) offers the greatest net benefit for those land uses
while still considering habitat needs:
Guest ranch/dude ranch
-3-
Allowed Fully
Allowing the following uses in the deer winter range provide economic and social benefits
that should not be limited in the mule deer winter range. This could help address the
region's housing and houselessness challenges, which has been noted as a Board priority.
• Camping areas
• RV parks
Prohibited
Deschutes County finds that the significance of mule deer winter range compared to all
other conflicting uses, listed below, warrants prohibiting them.
• Bed and Breakfast/Room and board arrangement
• BMX / Bike Course
• Commercial dog kennel
• Fishing lodge
• Golf course
• Model airplane park
• OHV course
• Paintball course
• Playground, recreational facility or community center
• Public or private school
• Shooting range
• Solar Farms
• Timeshare
• Veterinary clinic
• Wind farm development
II. Process and Timeline
Staff is aiming for a first evidentiary hearing with the Planning Commission on july 14, 2022, though
acknowledges that this timeline is still subject to minor adjustments. Prior to the hearing, staff has
several key tasks with target dates outlined below:
Planning Commission check -in (May 26): Staff will provide a general update to the Planning
Commission, providing similar information to this update with the Board.
35-day notice filed with DLCD (June 9): Counties are required to provide DLCD with written
notice of a land use change 35 days prior to the first evidentiary hearing. At this point, draft
amendments are provided to DLCD and written comments may be provided to staff for
incorporation into the record.
-4-
Website/StoryMap (early June): To coincide with the 35-day notice, staff will create a project
StoryMap that provides relevant maps, draft amendments, and information on the public process.
Measure 56 mailings and notice of public hearing mailings: Measure 56 requires counties to
provide notice to landowners between 20 and 40 days prior to the first public hearing when a land
use change limits or prohibits previously allowed uses. Subject to verification by County legal
counsel, Measure 56 notices with the required statutory language will be mailed to property
owners in the zones where uses are proposed to be prohibited or limited (see above).
Complementing the Measure 56 notices and with the goal of full transparency and public
awareness, staff anticipates providing general notices to property owners in other areas that may
fall into the existing or proposed WA zone but in which uses would not be newly prohibited or
limited.
Public Information Sessions (late June): Given the high visibility as well as the complexity of this
project, staff believes it will be helpful to conduct several public information sessions to provide
an overview of the inventory update. This will enable members of the public as well as
stakeholders to more fully digest the proposed amendments well in advance of the formal public
process, and will allow staff to explain the project and answer questions. Staff anticipates that
verbal comments provided at these sessions would not be part of the official record and will make
that clear during all sessions. However, given that these sessions will occur after 35-day notice has
been provided to DLCD, any written comments received would indeed be a part of the record.
Staff aims to conduct three information sessions: one hybrid online/in-person meeting in Bend,
one in person in Sisters, and one in -person in La Pine.
III. Next Steps
Staff is providing this general overview of the timeline and the major elements of the proposed
amendments while many elements are still in progress. If requested, staff can return at a later late
closer to the Planning Commission hearing to provide more details and/or discussion of specific
elements. Lastly, it is important to note again that the amendments that will be provided for the
public process effectively represent a starting point; the public process is designed to capture
public and stakeholder input that may help further shape any proposed legislation decided by the
Board.
-5-
MEETING DATE: Wednesday, May 18, 2022
SUBJECT: Public Hearing: Deschutes County Road Department Nighttime Noise Variance
(File No. 247-22-000243-V)
RECOMMENDED MOTION:
Road Department and CDD Staff recommend approval as the request is in the interest of safety
and convenience of both the travelling public and road construction workers.
BACKGROUND AND POLICY IMPLICATIONS:
The Board will conduct a public hearing on May 18, 202Z to consider a request for a nighttime
(10 p.m. - 6 a.m.) Noise Variance (File No. 247-22-000243-V) to construct bridge approach
repairs and pavement rehabilitation on Tumalo Road and Deschutes Market Road between
Tumalo Place and 191 Street. The nighttime work is expected to take approximately three weeks
and will begin afterJune 1, 202Z and be completed by August 31, 2022.
BUDGET IMPACTS:
None.
ATTENDANCE:
Tarik Rawlings, Associate Planner