Loading...
2023-143-Minutes for Meeting April 05,2023 Recorded 5/11/2023BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County CJ2023-143 Commissioners' Journal 05/11/2023 1:11:33 PM Steve Dennison, County Clerk �,,�vEs co. < �2 f 244+ O IIIIIIIIIIIIIIIIIIIIIIIII IIIIII FOR RECORDING STAMP ONLY BOCC MEETING MINUTES 9:00 AM WEDNESDAY April 5, 2023 Barnes Sawyer Rooms Live Streamed Video Present were Commissioners Patti Adair and Phil Chang. Also present were Nick Lelack, County Administrator; Kim Riley, Assistant County Counsel; and Brenda Fritsvold, BOCC Executive Assistant. 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: Vice Chair Adair called the meeting to order at 9:00 a.m. and noted the excused absence of Commissioner DeBone who was attending a conference in Hood River. PLEDGE OF ALLEGIANCE CITIZEN INPUT: • Carl Shoemaker shared his opposition to plans for a natural gas pipeline extending from Canada to California. Noting this would be situated next to the City of Redmond, he was concerned about negative environmental effects and potential health impacts to residents. • Dorinne Tye (via Zoom) spoke regarding development projected over the next 20-30 years and the need to reduce harmful emissions to mitigate environmental impacts. Saying that many plants and animals are at risk, she advocated for conserving land and water and thanked Commissioner Chang for his efforts to honor biodiversity and ecosystems. CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda. BOCC MEETING APRIL 5, 2023 PAGE 1 OF 9 CHANG: Move Board approval of Consent Agenda ADAIR: Second VOTE: CHANG: Yes ADAIR: Vice Chair votes yes. Motion Carried 2 - 0 1. Approval of Resolution No. 2023-017, converting 3.0 limited duration Health Services FTE to regular duration within the FY 2022-2023 Deschutes County Budget 2. Approval of Document No. 2023-318, a Reimbursement Agreement with Avion Water Company for the Deschutes Market Road/Hamehook Road Intersection Improvement Project 3. Approval of Chair Signature of Document No. 2023-351, Amendment No. 3 to Document No. 2015-052 with the Federal Highway Administration for the Fall Creek Bridge Replacement Project 4. Consideration of Board Signature on Letter of Thanks to David Huntley, and Letters Appointing Logan Clausen, Erin Gage Fitzpatrick, Carmen Madrid and Ruth Vernotico for service on the Deschutes County Public Health Advisory Board 5. Approval of minutes of the March 24, 2023 Legislative Update meeting 6. Approval of minutes of the March 20 2023 BOCC meeting ACTION ITEMS: 7. Proclamation: Child Abuse Prevention Month The Commissioners read the proclamation into the record. CHANG: Move adoption of the proclamation declaring April 2023 to be "Child Abuse Prevention Month" ADAIR: Second VOTE: CHANG: Yes ADAIR: Vice Chair votes yes. Motion Carried 2 - 0 BOCC MEETING APRIL 5, 2023 PAGE 2 OF 9 The proclamation was accepted by Gabrielle Allender, Director of Client Programs and Prevention, KIDS Center; Kara Tachikawa, Executive Director of MountainStar; Perla Jaimes, Program Manager - Redmond, MountainStar; and Maren Palotay, Program Manager - La Pine, MountainStar. 8. Proclamation: Fair Housing Month The Commissioners read the proclamation into the record. CHANG: Move adoption of the proclamation declaring April 2023 to be "Fair Housing Month" ADAIR: Second VOTE: CHANG: Yes ADAIR: Vice Chair votes yes. Motion Carried 2 - 0 Tyler Neese, Government Affairs Director of the Central Oregon Association of Realtors, accepted the proclamation. 9. Public Hearing for a Plan Amendment and Zone Change to approximately 93 acres located east of Bend between Neff Road and Highway 20 Assistant Legal Counsel Kim Riley noted that Commissioner DeBone has stated his intention to review the video of this meeting in preparation to participate in the deliberations of this matter when those come before the Board. Nathaniel Miller, Associate Planner, described the requests from the applicant, Te Amo Despacio, to change the Comprehensive Plan designation and zoning of properties comprising 93 acres and located east of and adjacent to the City of Bend at 62385 Hamby Road and 21480 Highway 20. The applicant requests a Comprehensive Plan change from Agricultural (AG) to Rural Residential Exception Area (RREA) and a corresponding zoning change from Exclusive Farm Use (EFU) to Multiple Use Agricultural (MUA10). The applicant states that the properties do not qualify as "agricultural land" under Oregon Revised Statutes (ORS) or Oregon Administrative Rules (OAR) definitions. The public hearing was opened at 9:48 a.m. Miller distributed comments received from Toby and Michel Bayard opposing the proposal to convert land zoned EFU to MUA and instead favoring zoning that would encourage high -density housing and reduce sprawl. Tia Lewis, attorney for the applicant, shared a presentation with maps and illustrations showing the location of the properties, current and anticipated land uses in the area, recent nearby highway improvements, and the proximity of other properties legally BOCC MEETING APRIL 5, 2023 PAGE 3 OF 9 determined to be nonagricultural. Saying that the properties have neither water rights nor a history of farm use, Lewis spoke to the large cost of leaving non-agricultural properties zoned agricultural and concluded that the community will benefit from the rezone. Commissioner Chang appreciated the high -altitude view of the proposal and shared his concern that failing to timely expand Bend's UGB could lead some property owners to develop at densities lower than may be desirable. He expressed interest in discussing how to coordinate efforts between the county and the city to facilitate appropriate development. Matt Weller, representing the applicant, acknowledged the pressure on Bend to expand its city limits and confirmed that the intention is to develop residential housing on these properties. Responding to Commissioner Chang, Miller said no comments were received from the city on this application. Vice Chair Adair invited testimony from the public. The following comments were provided: • Dorinne Tye opposed sprawl and said it is important to keep large EFU tracts like this intact; advised an independent review of the soil study claims; questioned the non -viability of hobby farming on the properties; argued for a slow expansion of Bend's UGB; noted the loss of many farm acres over recent years; and encouraged consideration of emission reduction targets and biodiversity. • Grace Weger said this proposal will not facilitate affordable housing and urged that the Board consider this in its decision -making. Lewis offered comments in rebuttal, beginning by referring to the soil study which confirmed that 73% of the properties' soils are Class 7 and 8. In response to the comments submitted by the Bayards, she presented a letter of rebuttal with 13 pages of exhibits and asked that it be submitted into the record. She emphasized that it is not wrong for private property owners to protect the interests of that ownership and concluded that the proposed requests are consistent with providing more housing and bringing housing costs down. The public hearing was closed at 10:45 p.m. Vice Chair Adair noted the consensus of the Board to close the oral portion of the public hearing and leave the written record open for seven days. Final deliberations are anticipated to occur on April 26tn Commissioner Chang reiterated the need to engage with the City of Bend with respect to how urban area reserves or other strategies such as an overlay zone can help BOCC MEETING APRIL 5, 2023 PAGE 4 OF 9 facilitate abundant and affordable housing. Will Groves, Planning Manager, said County staff will meet with City staff next week on those issues. 10. Public Hearing on 4 Peaks Music Festival 2024 Outdoor Mass Gathering Permit Rachel Vickers, Associate Planner, outlined the procedures for the hearing and shared that two comments have been received opposing the issuance of a permit for this event. The public hearing was opened at 10:55 a.m. Vickers provided a staff report describing the application for an outdoor mass gathering permit to allow a multi -day music festival on June 20-23, 2024 at 21085 Knott Road south of Bend. The event would include overnight camping, parking, and food and drink for an estimated 2,000 people. The approximately 150-acre property is surrounded by single family residences and small-scale farms. Event set-up would begin on June 15th and tear -down fully completed by June 24th. Stacy Koff, owner/operator of the 4 Peaks Music Festival, shared the history of this event which is usually attended by about 2,000 people. Koff said the festival organizers are responsive to comments and concerns, and made some modifications in recent years to create more distance from neighboring properties. Other improvements have included fencing and irrigation, and an access road is maintained for emergency vehicles although no ambulance has been needed at any of the events. Koff emphasized this event is family -oriented and said although up to 3,000 tickets could be sold, the organizers have no plans to expand to that size. In an effort to limit people from coming and going, the festival offers overnight camping. Certified flaggers direct traffic. Vice Chair Adair invited members of the public to comment on this matter. • Kathy Miner spoke as a resident of a property immediately adjacent to the festival and said her house is within 500 feet of the main stage. She listed many ways in which she and her neighbors are impacted and shared concerns about negative effects on wildlife and birds. Saying she documented permit violations in 2017 including non -permitted food sales and open flames left unattended, she said the noise frequently exceeds allowed levels and objected to the open consumption of alcohol which is not authorized. She believed events such as this should be restricted to the Fairgrounds and concluded that the County should not issue this permit. • Justine Fanarof spoke to the social and community benefits of this type of event and said the festival is attended by many families of diverse orientations. She appreciated that it is a reasonably priced event with many volunteers. BOCC MEETING APRIL 5, 2023 PAGE 5 OF 9 Commissioner Chang asked who is responsible for investigating complaints and enforcing the terms and conditions of the permit. Peter Gutowsky, Community Development Director, offered to assess the record for evidence of complaints submitted during the last event in 2021 and how those were handled. He expected that enforcement would be managed by the Sheriff's Office when other County offices were not open. The Commissioners asked for more information on how complaints would be handled, including complaints involving food operations or environmental health issues. Commissioner Chang said requiring a water truck may be an appropriate mitigation measure. Vickers said in the past, the County has required a water truck be provided if the irrigation pond is less than 50% filled. Responding to Commissioner Chang regarding security at the event, Koff said the festival's security contractor, who is certified, trains volunteers in emergency protocols and provides radios for communication between the persons on duty. During the period allowed for rebuttal, Stacy Koff said the event is inspected by Environmental Health, the Sheriff's Office, the Bend Fire Department and Public Health. She said the noise is lowered after 10 pm and the organizers do not allow alcohol to be brought in. She assured compliance as far as placement of tents and the number of fire extinguishers made available. Commissioner Chang asked about persons improperly blocking nearby residential driveways. Koff said the festival installs signage to deter prohibited parking and has established a new gated area to dearly mark the rideshare pick-up location. Commissioner Chang asked about impacts to wildlife habitat, specifically mule deer. Koff said the event lasts three days and the organizers leave no trace. She said she has confirmed that the land is relatively restored two or three months after the event. The public hearing was closed at 12:07 p.m. The Board was in consensus to close the oral portion of the hearing and leave the record open for a week to allow additional written comments to be submitted. Final deliberations will likely occur in May. 11. Request approval to apply for SAMHSA Treatment for Individuals Experiencing Homelessness Behavioral Health Program Manager Kara Cronin shared the opportunity to apply for a Substance Abuse and Mental Health Services Administration grant for treatment for individuals experiencing homelessness. The program will award funding up to $500,000 per year for up to five years. BOCC MEETING APRIL 5, 2023 PAGE 6 OF 9 Responding to Commissioner Chang, Cronin said DCHS has applied for this grant before and not been successful. In response to Commissioner Adair, Cronin confirmed that if awarded, part of the funding would be used to purchase a vehicle to facilitate street outreach to homeless individuals. CHANG: ADAIR: VOTE: Move Board approval to authorize the application of a Substance Abuse and Mental Health Services Administration grant for treatment for individuals experiencing homelessness Second CHANG: Yes ADAIR: Vice Chair votes yes. Motion Carried 2 - 0 12. Request approval to apply for OHA Mobile Health Unit grant Health Services Deputy Director Holly Harris and Behavioral Health Program Manager Adam Goggins described the opportunity to apply for a $100,000 grant from Oregon Health Authority (OHA) to fund a Mobile Health Unit. These funds would be used to purchase a van to assist DCHS in responding to individuals in crisis situations which do not require the involvement of law enforcement. CHANG: Move Board approval of the request to authorize staff to apply for a Mobile Health Unlit Pilot Program grant it from OHA ADAIR: Second VOTE: CHANG: Yes ADAIR: Vice Chair votes yes. Motion Carried 2 - 0 Vice Chair Adair announced a short break at 12:23 pm. The meeting resumed at 12:27 pm. 13. Board Direction Regarding FY24 Fee Increases Peter Gutowsky, Community Development Director, introduced Sherri Pinner, Senior Management Analyst. Pinner explained that the revenues of the Community Development Department (CDD) decreased in FY23 due to lower -than -expected permit and application volumes. Because CDD is primarily a fee -supported department, staff seeks Board guidance on how to address the projected revenue shortfall of $1.3 million in FY24. Commissioner Chang asked if the department expects further declines. Pinner said that is not known, but the lowered volumes have not recently increased or decreased. BOCC MEETING APRIL 5, 2023 PAGE 7 OF 9 Pinner reviewed the department's projected budget for FY24 including resources and expenditures. She presented three options for addressing the funding gap and balancing the budget, all of which include fee increases of varying amounts along with transferring between $453,000 to $562,000 from the department's reserve fund. Gutowsky spoke to the number of staff in the department as well as current vacancies and referred to an upcoming retirement. He noted that if vacancies remain unfilled, it will take longer to process permits or respond to code enforcement complaints and violations. Pinner relayed the department's recommendation to increase other fees for such permits as plumbing and mechanical to keep pace with inflation. Gutowsky favored Option #1 for moving forward as he did not want to exhaust the reserves. He said Option #1 affords more flexibility if the economy becomes more volatile. Vice Chair Adair said this subject will come back before the Board next week for continued discussion. OTHER ITEMS: • Commissioner Adair reported that although CASA has recently succeeded in adding 19 more volunteers to its program, more are needed. She encouraged interested persons to contact Heather Dion. • Commissioner Chang spent Monday in Salem talking to legislators about the drought package. He also attended the Governor's conference on tourism yesterday during which he shared information about recreational camping in Deschutes County. • Commissioner Adair testified before the legislature on the need for elk and deer damage compensation funding. She said the drought package is now in the Rules Committee and noted that due to AOC meetings this Friday, there will be no separate Legislative Update meeting this week. • Deputy County Administrator Erik Kropp introduced a request from staff to apply for an energy efficiency and community development block grant (EECBG). Facilities Director Lee Randall and Strategic Initiatives Manager Jen Patterson described the request to submit a pre -application for a non-competitive grant of $78,310. If approved, staff would return to the Board later in the year with proposed projects that these funds could be used for. CHANG: Move Board approval to authorize staff to submit a pre -award sheet for $78,130 in EECBG funding as described BOCC MEETING APRIL 5, 2023 PAGE 8 OF 9 ADAIR: Second VOTE: CHANG: Yes ADAIR: Vice Chair votes yes. Motion Carried 2 - 0 EXECUTIVE SESSION: None ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 1:16 p.m. AA,�DATED this !01— Day of ivl' Commissioners. ATTEST: 4i\O,v\%&?i *�reCd RECORDING SECRETARY 2023 for the Deschutes County Board of ANTHONY DEBONE, CHAIR PAT!! ADAIR,'VICE CHAIR Agv PHIL CHANG COM ISSIO NER BOCC MEETING APRIL 5, 2023 PAGE 9 OF 9 BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, APRIL 5, 2023 Barnes Sawyer Rooms - Deschutes Services Building (541) 388-6570 I www.deschutes.org AGENDA MEETING FORMAT: In accordance with Oregon state law, this meeting is open to the public and can be accessed and attended in person or remotely, with the exception of any executive session. Members of the public may view the meeting in real time via the public meeting portal at www.deschutes.org/meetings. To view the meeting via Zoom, see below. Citizen Input: The public may comment on any topic that is not on the current agenda. Comments and testimony regarding public hearings are allowed at the time of the public hearing. Alternatively, comments may be submitted on any topic at any time by emailing citizeninput@deschutes.org or leaving a voice message at 541-385-1734. When in -person comment from the public is allowed at the meeting, public comment will also be allowed via computer, phone or other virtual means. Zoom Meeting Information: This meeting may be accessed via Zoom using a phone or computer. • To join the meeting from a computer, copy and paste this link: bit.ly/3h3ogdD. • To join by phone, call 253-215-8782 and enter webinar ID # 899 4635 9970 followed by the passcode 013510. • If joining by a browser, use the raise hand icon to indicate you would like to provide public comment, if and when allowed. If using a phone, press *6 to indicate you would like to speak and *9 to unmute yourself when you are called on. ilg 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, call (541) 388-6572 or email brenda.fritsvold@deschutes.org. 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. CONSENT AGENDA 1. Approval of Resolution No. 2023-017, converting 3.0 limited duration Health Services FTE to regular duration within the FY 2022-2023 Deschutes County Budget 2. Approval of Document No. 2023-318, a Reimbursement Agreement with Avion Water Company for the Deschutes Market Road/Hamehook Road Intersection Improvement Project 3. Approval of Chair Signature of Document No. 2023-351, Amendment No. 3 to Document No. 2015-052 with the Federal Highway Administration for the Fall Creek Bridge Replacement Project 4. Consideration of Board Signature on Letter of Thanks to David Huntley, and Letters Appointing Logan Clausen, Erin Gage Fitzpatrick, Carmen Madrid and Ruth Vernotico for service on the Deschutes County Public Health Advisory Board 5. Approval of minutes of the March 24, 2023 Legislative Update meeting 6. Approval of minutes of the March 20 2023 BOCC meeting ACTION ITEMS 7. 9:10 AM Proclamation: Child Abuse Prevention Month 8. 9:20 AM Proclamation: Fair Housing Month 9. 9:30 AM Public Hearing for a Plan Amendment and Zone Change to approximately 93 acres located east of Bend between Neff Road and Highway 20 10. 10:30 AM Public Hearing on 4 Peaks Music Festival 2024 Outdoor Mass Gathering Permit April 5, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3 11. 11:10 AM Request approval to apply for SAMHSA Treatment for Individuals Experiencing Homelessness grant 12. 11:25 AM Request approval to apply for OHA Mobile Health Unit grant 13. 11:40 AM Board Direction Regarding FY24 Fee Increases LUNCH RECESS 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 April 5, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3 BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: Name Cm r f J E hoe Address 3iL NE 4114 S L i',hci R. 9-77.ry Phone #s 5 91- C Li-6J_ 3 I? E-mail address In Favor r�1<sho..evviai -Paol.cool Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Date: c Opposed No SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Proclamation Declaring April 2023 to be Child Abuse Prevention Month PROCLAMATION WHEREAS, there were over 4,800 reports of child abuse and neglect in Central Oregon last year; and WHEREAS, we all have a responsibility, as individuals, neighbors, community members and citizens of Central Oregon to help create healthy, safe, nurturing experiences for children; and WHEREAS, safe and healthy childhoods help produce confident and successful adults; and WHEREAS, child abuse and neglect often occur when people find themselves in stressful situations, without community resources, and don't know how to cope; and WHEREAS, the majority of child abuse and neglect cases stem from situations and conditions that are preventable with the support of an engaged community; and WHEREAS, child abuse and neglect can be reduced by making sure that families have the support and access to services they need to raise their children in a healthy environment; and WHEREAS; child abuse and neglect not only directly harm children, but the trauma can also increase the likelihood of criminal behavior, substance abuse, health problems such as heart disease and obesity, and poor academic outcomes; and WHEREAS; effective prevention programs succeed because of partnerships among agencies, schools, faith communities, philanthropic and civic organizations, law enforcement agencies, and the business community; NOW, THEREFORE, BE IT RESOLVED that the Deschutes County Board of Commissioners does hereby proclaim April 2023 to be Child Abuse Prevention Month in Deschutes County and we urge all citizens to work together to make sure every family has the support they need and deserve to raise their children in a healthy environment. DATED this 5th Day of April 2023 by the Deschutes County Board of Commissioners. p•-1 Anthony DeBone, Chai Patti Adair, Vice -Chair PHIL CHANG, Commissioner ATTEST: repeik:q)4 Recording Secretary For Recording Stamp Only BEFORE THE BOARD OF COMMISSIONERS OF DESCHUTES COUNTY, OREGON PROCLAMATION Declaring April 2023 as Fair Housing Month WHEREAS, The Fair Housing Act, enacted on April 11, 1968, enshrined into federal law the goal of eliminating racial segregation and ending housing discrimination in the United States; and WHEREAS, The Fair Housing Act prohibits discrimination in housing based on race, color, religion, sex, familial stats, national origin, and disability, and commits recipients of federal funding to affirmatively .further fair housing in their communities; and WHEREAS, Deschutes County is committed to the mission and intent of Congress to provide fair and equal housing opportunities for all; and WHEREAS, Our social fabric, the economy, health, and environment are strengthened in diverse, inclusive communities; and WHEREAS, More than fifty years after the passage of the Fair Housing Act, discrimination persists, and many communities remain segregated; and WHEREAS, Acts of housing discrimination and barriers to equal housing opportunity are repugnant to a common sense of decency and fairness; and Page 1 of 2 WHEREAS, Deschutes County is an inclusive community committed to fair housing, and to promoting appropriate activities by private and public entities to provide and advocate for equal housing opportunities for all residents and prospective residents of Deschutes County. NOW THEREFORE BE IT RESOLVED that the Board of County Commissioners does hereby declare the month of April 2023 as Fair Housing Month. Dated this day of Board of Commissioners. ATTEST: 1Yd Recording Secretary 2023 by the Deschutes County Anthony DeBone, Chair Patti Adair, Vice Chair Phil Chang, (ommissioner Page 2 of 2 BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: April 5, 2023 SUBJECT: Public Hearing for a Plan Amendment and Zone Change to approximately 93 acres located east of Bend between Neff Road and Highway 20 RECOMMENDED MOTION: The Hearings Officer recommends approval of file nos. 247-22-000313-ZC, 314-PA. BACKGROUND AND POLICY IMPLICATIONS: The Board of Commissioners will conduct a public hearing on April 5, 2023 to consider a forPlan Amendment and Zone Change nos. 247-22-000313-7( 314-PA) for request a Plan i r�i i iei iui i ici i� and Zone Change (file�., .- , approximately 93 acres located east of Bend between Neff Road and Highway 20. Additional background is included in the staff memorandum. BUDGET IMPACTS: None. ATTENDANCE: Nathaniel Miller, Associate Planner Jacob Ripper, Principal Planner COMMUNITY DEVELOPMENT MEMORANDUM TO: Board of County Commissioners FROM: Nathaniel Miller, AICP, Associate Planner DATE: April 5, 2023 SUBJECT: Public Hearing for a Plan Amendment and Zone Change (File nos. 247-22-000313- ZC, 314-PA). The Board of County Commissioners ("Board") will conduct a Public Hearing on April 5, 2023, to consider a request for a Comprehensive Plan Amendment and Zone Change (File nos. 247-22- 000313-ZC, 314-PA). The subject properties are located east of, and adjacent to, the City of Bend Urban Growth Boundary. Tax Lot 1200 and Tax Lot 1201 contain a combined area of approximately 93 acres. The properties are addressed as 62385 Hamby Road and 21480 Highway 20. A location map is included as Attachment A. I. BACKGROUND The applicant and property owners, Te Amo Despacio LLC and CTH Investments LLC, requests approval of a Comprehensive Plan Map Amendment to change the designation of the subject property from Agricultural (AG) to Rural Residential Exception Area (RREA). The applicant also requests approval of a corresponding Zoning Map Amendment to change the zoning of the subject property from Exclusive Farm Use (EFU) to Multiple Use Agricultural (MUA10). The applicant asks that Deschutes County change the zoning and the plan designation because the subject property does not qualify as "agricultural land" under Oregon Revised Statutes (ORS) or Oregon Administrative Rules (OAR) definitions. Further, the Applicant argues that no exception to Statewide Planning Goal 3, Agricultural Land, is required because the subject property is not agricultural land. The Applicant submitted a soil study, which was prepared by a certified soils scientist and soil classifier. The purpose of this soil study was to inventory and assess the soils on the subject property and to provide more detailed data on soil classifications and ratings than is contained in the NRCS soils maps. The soil study determined the subject property contains approximately 71 percent Land Capability Class 7 and 8 nonirrigated soils, which was primarily observed as shallow Gosney soils, 117 NW Lafayette Avenue, Bend, Oregon 97703 I P.O. Box 6005, Bend, OR 97708-6005 t'(541) 388-6575 @cdd@deschutes.org ; www.deschutes.org/cd shallow Bakeoven soils, and rock outcroppings. According to the soil study, the subject property is comprised of soils that do not qualify as Agricultural Land'. 1I. PUBLIC COMMENTS Three written comments were submitted in advance of the Hearing Officer hearing on November 15, 2022. One comment questioned the approvability of the application, one was in opposition, and the other was in support of the proposal. No members of the public testified in opposition to, or in support of, the applications during the hearing. The comment questioning the approvability of the application stated concerns of the Burden of Proof successfully meeting the applicable criteria. The comment did not include specific code references and no further comment was received. III. HEARINGS OFFICER RECOMMENDATION The Deschutes County Hearings Officer held a public hearing on November 15, 2022. The applicant's legal representation provided testimony in the hearing. On December 15, 2022, the Hearings Officer issued a recommendation of approval for the proposed Plan Amendment and Zone Change. IV. BOARD CONSIDERATION As the property includes lands designated for agricultural use, Deschutes County Code 22.28.030(C) requires the application to be heard de novo before the Board, regardless of the determination of the Hearings Officer. The record is available for inspection at the following link: https://www.deschutes.org/cd/page/247-22-000313-zc-247-22-000314-pa-to-amo-despacio-llc-cth- investments-Ilc-properties V. NEXT STEPS Based on direction received from the Board and testimony at the Public Hearing, Staff will prepare for deliberations. Attachment A: Attachment B: Attachment C: Attachment D: Location Map Surrounding Area Zoning Map City of Bend Limits Map Hearing Officer Recommendations 1 The phrase 'agricultural soils' is defined in OAR 660-033-0020. Page 2 of 2 File: 247-22-000313-ZC, 247-22-000314-PA 62385 Hamby Road, 21480 HWY 20 NE YELIOW RIBBON D NE 7 ED 0Id I?R NECONNEFS AVE BEND '1t'ICHlTAsWAY E E,RS CT,,Ili o z NE A0 '�i NE AN ix pz4 0%�.. ts� NE NEFF RD ELA AVE IQ : NE WAVERLY. CT T. NELANSINGCT e w ? STANTON k'�PC qyE 4 tq�. 4, CT 1G.T: NE RALEIGH GT NER OY.AL CT Ti a �� , NE fA tIck t_-- ProwWteP'ark tI AVAIVIERE PL ' NE jACKDAW1'DR . gg' NE LOCKS L. Nt ORUM DR r.�. NE P.m T Art z. SEDALIM L iOP ce 0 0 •` W111 z �u pEL1 •Evt.JE D1 al NE CDR 43 iCti L#d E GRAND WAY tds= M. HWY 2 ul Litthfield Park Site Y12R )CONNORWAY MEGAN CT LIVINGSTONDR '9R z . 0 Tax Lot 1200 Tax Lot 1200 Tax Lot 1201 BEAR CREED RD A 0 625 1,250 2,500 ft 1 inch= 1505 feet NEFF RD '`lC19 CT �. re STUD CT Cy QadY- c�LD ¢x "1/ ° Deschutes County GIS, Sources: Esri, USGS, NOAA Date: 4/25/2022 Mailing Date: Thursday, December 15, 2022 RECOMMENDATION AND FINDINGS OF THE DESCHUTES COUNTY HEARINGS OFFICER FILE NUMBERS: 247-22-000313-ZC, 247-22-000314-PA HEARING DATE: November 15, 2022, 6:00 p.m. HEARING LOCATION: Videoconference and Barnes & Sawyer Rooms Deschutes Services Center 1300 NW Wall Street Bend, OR 97708 APPLICANTS/OWNERS: Te Amo Despacio, LLC and CTH Investments, LLC SUBJECT PROPERTIES: REQUEST: HEARINGS OFFICER: Map and Taxlot: 1712350001200 Account: 119020 Situs Address: 62385 HAMBY RD, BEND, OR 97701 Map and Taxlot: 1712350001201 Account: 119038 Situs Address: 21480 HWY 20, BEND, OR 97701 Applicants request approval of a Comprehensive Plan Amendment to change the designation of the Subject Properties from Agricultural (AG) to Rural Residential Exception Area (RREA). Applicants also requests a corresponding Zone Change to rezone the Subject Properties from Exclusive Farm Use — Tumalo/ Redmond/ Bend subzone (EFU-TRB) to Multiple Use Agricultural (MUA-10). Tommy A. Brooks SUMMARY OF RECOMMENDATION: The Hearings Officer finds that the Applicants have met their burden of proof with respect to the requested Comprehensive Plan Amendment and Zone Change and, therefore, recommends APPROVAL of the Application based on the Findings set forth in this Recommendation. I. APPLICABLE STANDARDS AND CRITERIA Title 18 of the Deschutes County Code, the County Zoning Ordinance: Chapter 18.04, Title, Purpose, and Definitions Chapter 18.16, Exclusive Farm Use Zones (EFU) Chapter 18.32, Multiple Use Agricultural (MUA10). Chapter 18.136, Amendments Page I 1 Title 22, Deschutes County Development Procedures Ordinance Deschutes County Comprehensive Plan Chapter 2, Resource Management Chapter 3, Rural Growth Management Appendix C, Transportation System Plan Oregon Administrative Rules (OAR), Chapter 660 Division 12, Transportation Planning Division 15, Statewide Planning Goals and Guidelines Division 33, Agricultural Land Oregon Revised Statutes (ORS) Chapter 215.010, Definitions Chapter 215.211, Agricultural Land, Detailed Soils Assessment II. BACKGROUND AND PROCEDURAL FINDINGS A. Nature of Proceeding This matter comes before the Hearings Officer as a request for approval of a Comprehensive Plan Map Amendment ("Plan Amendment") to change the designation of the Subject Properties from Agricultural (AG) to Rural Residential Exception Area (RREA). The Applicants also request approval of a corresponding Zoning Map Amendment ("Zone Change") to change the zoning of the Subject Properties from Exclusive Farm Use (EFU) to Multiple Use Agricultural (MUA10). The basis of the request in the Application is the Applicants' assertion that the Subject Properties do not qualify as "agricultural land" under the applicable provisions of the Oregon Revised Statutes or Oregon Administrative Rules governing agricultural land. Based on that assertion, the Applicants are not seeking an exception to Statewide Planning Goal 3 for the Plan Amendment or Zone Change. B. Notices and Hearing The Application was filed on April 14, 2022. On April 27, 2022, the County issued a Notice of Application to several public agencies and to property owners in the vicinity of the Subject Properties (together, "Application Notice"). The Application Notice invited comments on the Application. Following additional submittals by the Applicants, the County mailed a Notice of Public Hearing on October 7, 2022 ("Hearing Notice") announcing an evidentiary hearing ("Hearing") for the requests in the Application. Pursuant to the Hearing Notice, I presided over the Hearing as the Hearings Officer on November 15, 2022, opening the Hearing at 6:03 p.m. The Hearing was held via videoconference, with Staff and a representative of the Applicants in the hearing room. The Hearings Officer appeared remotely. On October 7, 2022, the Deschutes County Planning Division ("Staff') issued a report setting forth the applicable criteria and presenting the evidence in the record at that time ("Staff Report").1 The Staff Report is styled "Findings and Decision". During the Hearing, it was acknowledged that the Staff Report was not a decision and, rather, was Staff's summary of the record as applied to the criteria. Page 1 2 At the beginning of the Hearing, I provided an overview of the quasi-judicial process and instructed participants to direct comments to the approval criteria and standards, and to raise any issues a participant wanted to preserve for appeal if necessary. I stated I had no ex parte contacts to disclose or bias to declare. I asked for but received no objections to the County's jurisdiction over the matter or to my participation as the Hearings Officer. No participant requested that the record remain open. The Hearing concluded at approximately 6:36 p.m. At that time, I closed the Hearing and the record, and I took this matter under advisement. C. 150-day Clock Because the Application includes a request for the Plan Amendment, the 150-day review period set forth in ORS 215.427(1) is not applicable.2 The Staff Report also notes that the 150-day review period is not applicable by virtue of Deschutes County Code ("DCC" or "Code") 22.20.040(D). No participant to the proceeding disputed that conclusion. III. SUBSTANTIVE FINDINGS AND CONCLUSIONS A. Adoption of Factual Findings in Staff Report The Staff Report contains a comprehensive summary of evidence in the record as it relates to each of the applicable criteria. The Staff Report, although it expresses agreement with the Applicants in many places, does not make a final recommendation. Instead, the Staff Report asks the Hearings Officer to determine if the Applicants have met the burden of proof necessary to justify the Plan Amendment and the Zone Change. That being said, no participant challenged the specific evidence or findings presented in the Staff Report. As a result, I hereby adopt as fact the evidentiary findings in the Staff Report as my evidentiary findings. To the extent any of the findings in this Recommendation conflict with the findings in the Staff Report, my intent is to have these findings control. The remainder of this Recommendation sets forth the legal criteria and adopts legal findings based on those factual findings. B. Legal Findings The legal criteria applicable to the requested Plan Amendment and Zone Change were set forth in the Application Notice and also appear in the Staff Report. No participant to this proceeding asserted that those criteria do not apply, or that other criteria are applicable. This Recommendation therefore addresses each of those criteria, as set forth below. / / / / / / / / / 2 ORS 215.427(7). Page 13 1. Title 18 of the Deschutes County Code, County Zoning Section 18.136.010, Amendments DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or legislative map changes shall be as set forth in DCC 22.12. A request by a property owner for a quasi- judicial map amendment shall be accomplished by filing an application on forms provided by the Planning Department and shall be subject to applicable procedures of DCC Title 22. FINDING: The Applicants are the owners of the Subject Properties and have requested a quasi-judicial Plan Amendment and filed applications for that purpose, together with the request for a Zone Change. No participant to this proceeding objects to this process. It is therefore appropriate to review the Application using the applicable procedures contained in Title 22 of the Deschutes County Code. Section 18.136.020, Rezoning Standards The applicant for a quasi-judicial rezoning must establish that the public interest is best served by rezoning the property. Factors to be demonstrated by the applicant are: A. That the change conforms with the Comprehensive Plan, and the change is consistent with the plan's introductory statement and goals. FINDING: According to the Applicants, the County applies this Code provision by considering whether: (1) the Zone Change conforms to the Comprehensive Plan; and (2) the change is consistent with the Comprehensive Plan's introduction statement and goals. With respect to the first factor, the Applicants note that they are also seeking a Plan Amendment, which will change the Comprehensive Plan designation of the Subject Properties from Agriculture to Rural Residential Exception Area. If that Plan Amendment is approved, which is addressed in more detail below, the proposed change from the EFU-TRB zone to the MUA-10 zone will be consistent with the new Comprehensive Plan designation. No participant to this proceeding disputes that conclusion. With respect to the second factor, the Applicants note that introductory statements and goals in the Comprehensive Plan are not approval criteria, and no participant to this proceeding asserts otherwise. Instead, the Applicants identify several Comprehensive Plan policies and goals and analyzes whether the Application is consistent with those policies and goals. Those policies and goals are set forth in more detail below, and the findings in that section are adopted here in full by this reference. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that this Code provision is satisfied. / / / / / / Page 14 B. That the change in classification for the subject property is consistent with the purpose and intent of the proposed zone classification. FINDING: Only the Applicants and Staff offer any evidence or argument with respect to the purpose of the MUA-10 zone. The purpose of the MUA-10 zoning district is stated in DCC 18.32.010 as follows: The purposes of the Multiple Use Agricultural Zone are to preserve the rural character of various areas of the County while permitting development consistent with that character and with the capacity of the natural resources of the area; to preserve and maintain agricultural lands not suited to full- time commercial farming for diversified or part-time agricultural uses; to conserve forest lands for forest uses; to conserve open spaces and protect natural and scenic resources; to maintain and improve the quality of the air, water and land resources of the County; to establish standards and procedures for the use of those lands designated unsuitable for intense development by the Comprehensive Plan, and to provide for an orderly and efficient transition from rural to urban land use. According to the Applicants, the Subject Properties are not suited to full-time commercial farming. The MUA-10 zone will instead allow the owners to engage in hobby farming, and the low -density of development allowed by the MUA-10 zone will conserve open spaces and protect natural and scenic resources. As a result, the MUA-10 zoning provides a proper transition zone from city, to rural, to EFU zoning. The Staff Report agrees that the change in classification is consistent with the purpose and intent of the MUA10 Zone, and no participant to this proceeding disputes that conclusion. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that this Code provision is satisfied. C. That changing the zoning will presently serve the public health, safety and welfare considering the following factors: 1. The availability and efficiency of providing necessary public services and facilities. FINDING: As noted in the Staff Report, this criterion specifically asks if the Zone Change will presently serve public health, safety, and welfare. The Applicants and the Staff Report provided the following as support for why this criterion is met: • Necessary public facilities and services are available to serve the Subject Properties. • Transportation access to the Subject Properties is available, and the impact of increased traffic on the transportation system is negligible. • The Subject Properties receive police services from the Deschutes County Sheriff and fire service from Rural Fire Protection District # 2, which has a fire station adjacent to the northeast corner of the Subject Properties. • There are no known deficiencies in public services or facilities that would negatively impact public health, safety, or welfare. Page 15 • The close proximity of the Subject Properties to urban development will allow for efficient service provision. • Prior to development of the properties, the Applicants would be required to comply with the applicable requirements of the Code, including possible land use permit, building permit, and sewage disposal permit processes. Through these development review processes, assurance of adequate public services and facilities will be verified. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that this Code provision is satisfied. 2. The impacts on surrounding land use will be consistent with the specific goals and policies contained within the Comprehensive Plan. FINDING: Only the Applicants and Staff offer any evidence or argument with respect to this criterion. Specifically, the Applicants noted the following: The MUA-10 zoning is consistent with the specific goals and policies in the comprehensive plan discussed above. The MUA-10 zoning is the same as the zoning of many other properties in the area north and south of the subject property. In addition, the MUA-10 zoning provides a proper transition zone from City, to rural zoning, to EFU zoning. The zone change will not impose new impacts on the EFU- zoned land to the east of the subject property because those properties are not engaged in commercial farm use, are idle, are small parcels, and most are developed with dwellings. The three EFU- zoned parcels to the east which are currently receiving farm tax deferral will not suffer new impacts from the proposed zone change because they are hobby farms, are already developed with dwellings, and are not engaged in commercial farm use. As discussed below, the subject property is not agricultural land, is comprised of predominantly Class 7 and 8 soils, and as described by the soil scientist, Andy Gallagher, the subject property is impractical to farm due to the cut up landscape. It is not land that could be used in conjunction with the adjacent property and any future development of the subject property would be subject to building setbacks. The Staff Report agrees that the Applicants have demonstrated the impacts on surrounding land use will be consistent with the specific goals and policies contained within the Comprehensive Plan. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that this Code provision is satisfied. D. That there has been a change in circumstances since the property was last zoned, or a mistake was made in the zoning of the property in question. FINDING: Only the Applicants offer any evidence or argument with respect to this criterion. According to the Applicants, a mistake in zoning was made and the EFU zoning designation on the Subject Properties Page 16 was likely based on the best soils data that was available to the County at the time it was originally zoned, during the late 1970's, when the Comprehensive Plan and Map were first adopted. The EFU designation was applied even though there was no history of farming on the Subject Properties. The Applicants also assert that there has been a change in circumstances since that time. Specifically, the Applicants note that there are new data regarding soils on the Subject Properties and that the updated soils report shows the Subject Properties do not have agricultural soils. The Applicants also assert that the economics of farming and the viability of commercial farm uses in Deschutes County have significantly changed, and farming for a profit has become increasingly difficult, particularly on parcels that are relatively small for livestock grazing and that have inadequate soils or irrigation for raising crops such as the Subject Properties. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that this Code provision is satisfied. 2. Deschutes County Comprehensive Plan Goals and Policies Chapter 2 of the Comprehensive Plan relates to Resource Management. Section 2.2 of that Chapter relates specifically to Agricultural Lands. The Applicants and Staff have identified the following goals and policies as relevant to the Application. Goal 1, Preserve and maintain agricultural lands and the agricultural industry. FINDING: According to the Applicants, they are pursuing the Plan Amendment and Zone Change because the Subject Properties do not constitute "agricultural lands", and therefore, it is not necessary to preserve or maintain the Subject Properties as such. In support of that conclusion, the Applicants rely on a soils report showing the Subject Properties consist predominantly (73%) of Class 7 and 8 non- agricultural soils. Such soils have severe limitations for agricultural use as well as low soil fertility, shallow and very shallow soils, abundant rock outcrops, low available water capacity, and major management limitations for livestock grazing. The Staff Report notes the Subject Properties have no history of agricultural use and lack water rights. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Application is consistent with this portion of the Comprehensive Plan. Policy 2.2.2 Exclusive Farm Use sub -zones shall remain as described in the 1992 Farm Study and shown in the table below, unless adequate legal findings for amending the sub -zones are adopted or an individual parcel is rezoned as allowed by Policy 2.2.3. FINDING: The Applicants have not asked to amend the subzone that applies to the Subject Properties. Instead, the Applicants requested a change under Policy 2.2.3 and have provided evidence to support rezoning the subject properties as MUA-10. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Application is consistent with this portion of the Comprehensive Plan. Page 17 Policy 2.2.3 Allow comprehensive plan and zoning map amendments, including for those that qualify as non -resource land, for individual EFU parcels as allowed by State Statute, Oregon Administrative Rules and this Comprehensive Plan. FINDING: The Applicants request approval of the Plan Amendment and Zone Change to re -designate the Subject Properties from Agricultural to Rural Residential Exception Area and rezone the Subject Properties from EFU to MUA-10. The Applicants do not seek an exception to Goal 3 for that purpose, but rather seek to demonstrate that the Subject Properties do not meet the state definition of "Agricultural Land" as defined in Statewide Planning Goal 3 (OAR 660-033-0020). In support of this approach, the Applicants rely in part on the Land Use Board of Appeals' decision in Wetherell v. Douglas County, 52 Or LUBA 677 (2006), where LUBA states as follows: As we explained in DLCD v. Klamath County, 16 Or LUBA 817, 820 (1988), there are two ways a county can justify a decision to allow nonresource use of land previously designated and zoned for farm use or forest uses. One is to take an exception to Goal 3 (Agricultural Lands) and Goal 4 (Forest Lands). The other is to adopt findings which demonstrate the land does not qualify either as forest lands or agricultural lands under the statewide planning goals. When a county pursues the latter option, it must demonstrate that despite the prior resource plan and zoning designation, neither Goal 3 or Goal 4 applies to the property. The Applicants assert that the facts presented in the Application are sufficiently similar to those in the Wetherall decision and in other Deschutes County plan amendment and zone change applications. The Staff Report agrees and concludes the Applicants have the potential to prove the Subject Properties are not agricultural land and do not require an exception to Goal 3 under state law. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Application is consistent with this portion of the Comprehensive Plan. Policy 2.2.4 Develop comprehensive policy criteria and code to provide clarity on when and how EFU parcels can be converted to other designations. FINDING: The Applicants assert this plan policy provides direction to Deschutes County to develop new policies to provide clarity when EFU parcels can be converted to other designations and that the Application is consistent with this policy. The Staff Report also concludes the proposal is consistent with this policy. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Application is consistent with this portion of the Comprehensive Plan. Page 18 Goal 3, Ensure Exclusive Farm. Use policies, classifications and codes are consistent with local and emerging agricultural conditions and markets. Policy 2.2.13 Identify and retain accurately designated agricultural lands. FINDING: The Applicants assert that this Comprehensive Plan policy requires the County to identify and retain agricultural lands that are accurately designated. The Applicants propose that the Subject Properties were not accurately designated as demonstrated by the soil study in the record. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Application is consistent with this portion of the Comprehensive Plan. * * * Section 2.5 of Comprehensive Plan Chapter 2 relates specifically to Water Resource Policies. The Applicants and Staff have identified the following goal and policy in that section as relevant to the Application. Goal 6, Coordinate land use and water policies. Policy 2.5.24 Ensure water impacts are reviewed and, if necessary, addressed for significant land uses or developments. FINDING: The Applicants and Staff assert that the Applicants are not required to address water impacts associated with development because they have not proposed a specific development application at this time. Instead, the Applicants will be required to address this criterion during development of the Subject Properties, which would be reviewed under any necessary land use process for the site. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Application is consistent with this portion of the Comprehensive Plan. * * * Section 2.7 of Comprehensive Plan Chapter 2 relates specifically to Open Spaces, Scenic Views and Sites. The Applicants and Staff have identified the following goal and policies in that section as relevant to the Application. Goal 1, Coordinate with property owners to ensure protection of significant open spaces and scenic view and sites. Policy 2.7.3 Support efforts to identify and protect significant open spaces and visually important areas including those that provide a visual separation between communities such as the open spaces of Bend and Redmond or lands that are visually prominent. Page 19 Policy 2.7.5 Encourage new development to be sensitive to scenic views and sites. FINDING: The Applicants assert these policies are fulfilled by the County's Goal 5 program. The County protects scenic views and sites along major rivers and roadways by imposing Landscape Management (LM) Combining Zones to adjacent properties. Because there is no LM combining zone applicable to the Subject Properties, the Subject Properties are not identified as a Goal 5 resource, and no new development is proposed, the Applicants argue there is no applicable regulation that requires the Subject Properties to be protected as open space or for scenic views. The Staff Report notes that the Subject Properties are within the Landscape Management Combining Zone for Highway 20, which is designated as landscape management feature by the Comprehensive Plan. However, the Staff Report finds that any future development within the LM Zone will be reviewed for compliance at that time. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Application is consistent with this portion of the Comprehensive Plan. * * * Chapter 3 of the Comprehensive Plan relates to Rural Growth. Within that chapter, Section 3.2 relates specifically to Rural Development. The Applicants and Staff have identified the following language in that section as relevant to the Application. Growth Potential As of 2010, the strong population growth of the last decade in Deschutes County was thought to have leveled off due to the economic recession. Besides flatter growth patterns, changes to State regulations opened up additional opportunities for new rural development. The following list identifies general categories for creating new residential lots, all of which are subject to specific State regulations. • 2009 legislation permits a new analysis of agricultural designated lands • Exceptions can be granted from the Statewide Planning Goals • Some farm lands with poor soils that are adjacent to rural residential uses can be rezoned as rural residential FINDING: According to the Applicants, this portion of the Comprehensive Plan anticipates the need for additional rural residential lots as the region continues to grow. This includes providing a mechanism to rezone farm lands with poor soils to a rural residential zoning designation. While the Applicants do not seek the creation of new residential lots in the Application, they assert the Subject Properties can ultimately support that goal, as they will provide for an orderly and efficient transition from the Bend Urban Growth Boundary to rural and agricultural lands. The Applicants also assert the Subject Properties, as rezoned, will link the pocket of MUA-10 zoned land to the north with the MUA-10 zoned land to the south, furthering the creation a buffer of MUA-10 zoned land along the City's eastern boundary where the quality of soils are poor and the land is not conducive for commercial agriculture. Page 110 Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Application is consistent with this portion of the Comprehensive Plan. * * * Section 3.3 of Comprehensive Plan Chapter 3 relates specifically to Rural Housing. The Applicants and Staff have identified the following language in that section as relevant to the Application. Rural Residential Exception Areas In Deschutes County most rural lands are designated for farms, forests or other resources and protected as described in the Resource Management chapter of this Plan. The majority of the land not recognized as resource lands or Unincorporated Community is designated Rural Residential Exception Area. The County had to follow a process under Statewide Goal 2 to explain why these lands did not warrant farm or forest zoning. The major determinant was that many of these lands were platted for residential use before Statewide Planning was adopted. In 1979 the County assessed that there were over 17,000 undeveloped Rural Residential Exception Area parcels, enough to meet anticipated demand for new rural housing. As of 2010 any new Rural Residential Exception Areas need to be justified through initiating a nonresource plan amendment and zone change by demonstrating the property does not meet the definition of agricultural or forest land, or taking exceptions to farm, forest, public facilities and services and urbanization regulations, and follow guidelines set out in the OAR. FINDING: According to the Applicants, prior Hearings Officer's decisions have found that Section 3.3 is not a plan policy or directive. Further, the Applicants state that no Exception to Statewide Planning Goal 3 is required for the rezone application because the Subject Properties do not qualify as farm or forest zoning or agricultural lands under the statewide planning goals. The Applicants believe the County has interpreted the Rural Residential Exception Area (RREA) plan designation as the proper "catchall" designation for non -resource land and, therefore, the RREA plan designation is the appropriate plan designation to apply to the Subject Properties. The Staff Report agrees that this Comprehensive Plan language is not a policy and does not require an Exception to Goal 3. The Staff Report also agrees the proposed RREA plan designation is the appropriate plan designation to apply to the Subject Properties. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Application is consistent with this portion of the Comprehensive Plan. *** Section 3.7 of Comprehensive Plan Chapter 3 relates specifically to Transportation. The Applicants and Staff have identified the following goal and policy in that section as relevant to the Application. Page 111 Appendix C — Transportation System Plan ARTERIAL AND COLLECTOR ROAD PLAN Goal 4. Establish a transportation system, supportive of a geographically distributed and diversified economic base, while also providing a safe, efficient network for residential mobility and tourism. Policy 4.4 Deschutes County shall consider roadway function, classification and capacity as criteria for plan map amendments and zone changes. This shall assure that proposed land uses do not exceed the planned capacity of the transportation system. FINDING: The Applicants and the Staff Report asserts this policy advises the County to consider the roadway function, classification and capacity as criteria for Comprehensive Plan amendments and zone changes. Compliance with OAR 660-012, also known as the Transportation Planning Rule (TPR), is described below in subsequent findings, and the Applicants and Staff assert that such compliance is sufficient to demonstrate compliance with these transportation goals and policies. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Application is consistent with this portion of the Comprehensive Plan. 3. Oregon Administrative Rules The Applicants and the Staff Report identify several administrative rules as potentially applicable to the Application. No other participant in this proceeding identified other applicable rules.' OAR 660-006-0005 (7) "Forest lands" as defined in Goal 4 are those lands acknowledged as forest lands, or, in the case of a plan amendment, forest lands shall include: (a) Lands that are suitable for commercial forest uses, including adjacent or nearby lands which are necessary to permit forest operations or practices; and (b) Other forested lands that maintain soil, air, water and fish and wildlife resources. FINDING: The Applicants and the Staff Report assert that the Subject Properties do not appear to qualify as forest land and, therefore, the administrative rules relating to forest land are not applicable. The Subject Properties are not zoned for forest lands, nor are any of the Subject Properties within a 4-mile radius of forest lands. The Subject Properties do not contain merchantable tree species and there is no evidence in the record that the Subject Properties have been employed for forestry uses historically. 3 Some administrative rules the Applicants address, or which appear in the Staff Report, have been omitted from this Recommendation where the rule does not expressly impose an approval criterion. Page 112 Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Application is consistent with these administrative rules. OAR 660-033-0020 For purposes of this division, the definitions in ORS 197.015, the Statewide Planning Goals, and OAR Chapter 660 shall apply. In addition, the, following definitions shall apply: (1)(a) "Agricultural Land" as defined in Goal 3 includes: (A) Lands classified by the U.S. Natural Resources Conservation Service (NRCS) as predominantly Class I -IV soils in Western Oregon and 1-VI soils in Eastern Oregon; FINDING: The Applicants' proposed Plan Amendment and Zone Change is premised on its assertion that Subject Properties are not defined as "Agricultural Land." The Applicants specifically argue that the Subject Properties are not properly classified as Agricultural Land and therefore do not merit protection under Goal 3. As noted in earlier findings, the soils are predominately Class 7 and 8 soils that have severe limitations for farm use. The Staff Report agrees with the Applicants' representation of the soil data for the Subject Properties and that the Subject Properties do not constitute "Agricultural Lands" as defined in OAR 660-033- 0020(1)(a)(A). Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Subject Properties should not be considered agricultural land under this part of the administrative rules. (B) Land in other soil classes that is suitable .for farm use as defined in ORS 215.203(2)(a), taking into consideration soil fertility; suitability for grazing; climatic conditions; existing and future availability of water for farm irrigation purposes; existing land use patterns; technological and energy inputs required; and accepted farming practices; and FINDING: According to the Applicants, this part of the definition of "Agricultural Land" requires the County to consider whether the Class 7 and 8 soils found on the Subject Properties are suitable for farm use despite their Class 7 and 8 soil classification. The Applicants rely on a decision by the Oregon Supreme Court that determined the term "farm use" as used in this rule and Goal 3 means the current employment of land for the primary purpose of obtaining a profit in money through specific farming -related endeavors.' Applying that definition, the Applicants describe various limitations on the ability of the Subject Properties to support farm uses, including, among other factors, a lack of water rights and low soil fertility. ' Wetherell v. Douglas County, 342 Or 666, 160 P3d 614 (2007). Page 113 The Staff Report agrees with the Applicants that many factors — such as the current residential land uses in the area, soil fertility, and amount of irrigation required — result in a relatively low possibility of farming on the Subject Properties. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Subject Properties should not be considered agricultural land under this part of the administrative rules. (C) Land that is necessary to permit farm practices to be undertaken on adjacent or nearby agricultural lands. FINDING: According to the Applicants, the Subject Properties are not land necessary to permit farm practices to be undertaken on adjacent or nearby lands. The nearest properties to the Subject Properties that are agriculturally zoned and engaged in farm use are located across Hamby Road to the east on tax lots 17-12-35-1300, 17-12-35-1301, and 17-12-35-1403, and an MUA-10 zoned parcel planned for urbanization and upon which ODOT is currently constructing a highway roundabout is located in between the Subject Properties and these EFU parcels. The Applicants analyzed those properties and concluded the Subject Properties are not necessary to permit farm practices to be undertaken on those properties. The Staff Report concurs with the Applicants' analysis and finds no feasible way that the Subject Properties are necessary for the purposes of permitting farm practices on any nearby parcels. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Subject Properties should not be considered agricultural land under this part of the administrative rules. (1)(b) Land in capability classes other than I-IV/I-VI that is adjacent to or intermingled with lands in capability classes I-IV/I-VI within a farm unit, shall be inventoried as agricultural lands even though this land may not be cropped or grazed; FINDING: According to the Applicants, the Subject Properties are not part of a farm unit that includes other lands not currently owned by the Applicants. The Subject Properties have no history of farm use and contain soils that make them unsuitable for farm use. Therefore, there is no basis to inventory the Subject Properties as agricultural land. The record indicates the Subject Properties contain land in capability classes other than I -VI that is adjacent to or intermingled with lands in capability classes I -VI. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Subject Properties should not be considered agricultural land under this part of the administrative rules. / / / / / / / / / Page 114 OAR 660-033-0030 (1) All land defined as "agricultural land" in OAR 660-033-0020(1) shall be inventoried as agricultural land. (2) When a jurisdiction determines the predominant soil capability classification of a lot or parcel it need only look to the land within the lot or parcel being inventoried. However, whether land is "suitable for farm use" requires an inquiry into factors beyond the mere identification of scientific soil classifications. The factors are listed in the definition of agricultural land set forth at OAR 660-033-0020(1)(a)(B). This inquiry requires the consideration of conditions existing outside the lot or parcel being inventoried. Even if a lot or parcel is not predominantly Class I -IV soils or suitable for farm use, Goal 3 nonetheless defines as agricultural "lands in other classes which are necessary to permit farm practices to be undertaken on adjacent or nearby lands ". A determination that a lot or parcel is not agricultural land requires findings supported by substantial evidence that addresses each of the factors set forth in 660-033-0020(1). FINDING: As noted above, this Recommendation finds that the Subject Properties do not qualify as agricultural land as defined by administrative rule, and they are not suitable for farming. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the administrative rules do not require the Subject Properties to be inventoried as agricultural land. (3) Goal 3 attaches no significance to the ownership of a lot or parcel when determining whether it is agricultural land. Nearby or adjacent land, regardless of ownership, shall be examined to the extent that a lot or parcel is either "suitable for farm use" or "necessary to permit farm practices to be undertaken on adjacent or nearby lands" outside the lot or parcel. FINDING: As concluded in other findings above, the Subject Properties are not suitable for farm use and are not necessary to permit farm practices to be undertaken on adjacent or nearby lands. The ownership of the Subject Properties is therefore not being used as a factor to determine whether the Subject Properties are agricultural land. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Application is consistent with this part of the administrative rules. (5)(a) More detailed data on soil capability than is contained in the USDA Natural Resources Conservation Service (NRCS) soil maps and soil surveys may be used to define agricultural land. However, the more detailed soils data shall be related to the NRCS land capability classification system. (5)(b) If a person concludes that more detailed soils information than that contained in the Web Soil Survey operated by the NRCS as of January 2, 2012, would assist a county to make a better determination of whether land qualifies as agricultural land, the person must request Page 115 that the department arrange for an assessment of the capability of the land by a professional soil classifier who is chosen by the person, using the process described in OAR 660-033-0045. FINDING: The Applicants have elected to provide a more detailed agricultural soil assessment, conducted by Andy Gallagher, a Certified Professional Soil Scientist approved by the Department of Land Conservation and Development. No participant to this proceeding disputes the information provided in that report or otherwise objects to the use of the date in that report. Based on the undisputed facts in that report, the Subject Properties do not qualify as "agricultural land." (c) This section and OAR 660-033-0045 apply to: (A) A change to the designation of land planned and zoned for exclusive farm use, forest use or mixed farm forest use to a non -resource plan designation and zone on the basis that such land is not agricultural land; and FINDING: I find that this administrative rule does not establish a particular standard and simply confirms when this section of the administrative rules applies. (d) This section and OAR 660-033-0045 implement ORS 215.211, effective on October 1, 2011. After this date, only those soils assessments certified by the department under section (9) of this rule may be considered by local governments in land use proceedings described in subsection (e) of this section. However, a local government may consider soils assessments that have been completed and submitted prior to October 1, 2011. FINDING: The Applicants submitted a soil study dated March 15, 2022. The soils study was submitted following the ORS 215.211 effective date. The Staff Report notes that Staff received acknowledgement from Hilary Foote, Farm/Forest Specialist with the DLCD, on May 5, 2022, that the soil study is complete and consistent with DLCD's reporting requirements. The Staff Report therefore finds this criterion to be met based on the submitted soil study, and confirmation of completeness and consistency from DLCD. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Application is consistent with this part of the administrative rules. OAR 660-012-0060 (1) Page 116 If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule. A plan or land use regulation amendment significantly affects a transportation facility if it would: (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); (b) Change standards implementing a functional classification system; or (c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based on projected conditions measured at the end of the planning period identified in the adopted TSP. As part of evaluating projected conditions, the amount of traffic projected to be generated within the area of the amendment may be reduced if the amendment includes an enforceable, ongoing requirement that would demonstrably limit traffic generation, including, but not limited to, transportation demand management. This reduction may diminish or completely eliminate the significant effect of the amendment. (A) Types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; (B) Degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the TSP or comprehensive plan; or (C) Degrade the performance of an existing or planned transportation facility that is otherwise projected to not meet the performance standards identified in the TSP or comprehensive plan. FINDING: This administrative rule is applicable to the Plan Amendment and the Zone Change because they involve an amendment to an acknowledged comprehensive plan. The Applicants assert that the zone change will not result in a significant effect to the transportation system. In support of that assertion, the Applicants submitted a transportation impact analysis memorandum dated March 22, 2022, prepared by traffic engineer, Joe Bessman, PE, which is later supplemented. No participant to this proceeding disputed the information in the impact analysis or otherwise objected to the use of that information. The County Transportation Planner agreed with the report's conclusions, as supplemented. As a result, the Staff Report finds that the Plan Amendment and Zone Change will be consistent with the identified function, capacity, and performance standards of the County's transportation facilities in the area. The Staff Report also concluded the proposed zone change will not change the functional classification of any existing or planned transportation facilities or change the standards implementing a functional classification system. Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the Application satisfies this administrative rule. Page 117 Statewide Planning Goals and Guidelines Division 15 of OAR chapter 660 sets forth the Statewide Planning Goals and Guidelines, with which all comprehensive plan amendments must demonstrate compliance. The Applicants assert the Application is consistent with all applicable Goals and Guidelines, which no participant to this proceeding disputes. In light of the foregoing, and in the absence of any counter evidence or argument, I adopt the Applicants' position and find that the Plan Amendment and Zone Change are consistent with the applicable Goals and Guidelines as follows: Goal 1, Citizen Involvement. Deschutes County will provide notice of the application to the public through mailed notice to affected property owners and by requiring the Applicants to post a "proposed land use action sign" on the Subject Properties. Notice of the Hearings held regarding this application was placed in the Bend Bulletin. A minimum of two public hearings will be held to consider the Application. Goal 2, Land Use Planning. Goals, policies and processes related to zone change applications are included in the Deschutes County Comprehensive Plan and Titles 18 and 23 of the Deschutes County Code. The outcome of the Application will be based on findings of fact and conclusions of law related to the applicable provisions of those laws as required by Goal 2. Goal 3, Agricultural Lands. The Applicants have shown that the Subject Properties are not agricultural land because they consists predominantly of Class 7 and 8 soils that are not suitable for farm use. Goal 4, Forest Lands. Goal 4 is not applicable because the Subject Properties do not include any lands that are zoned for, or that support, forest uses. Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces. Deschutes County DIAL property information and Interactive Map show the Subject Properties have "wetlands" that correspond with Central Oregon Irrigation District's irrigation distribution system within the Subject Properties. According to the Comprehensive Plan (Chapters 2, Resource Management and 5, Supplemental Sections), in 1992 Deschutes County Ordinance 92-045 adopted all wetlands identified on the U. S. Fish and Wildlife Service National Wetland Inventory (NWI) Maps as the Deschutes County wetland inventory. In addition, as described in the Comprehensive Plan, the NWI Map "shows an inventory of wetlands based on high -altitude aerial photos and limited field work. While the NWI can be useful for many resource management and planning purposes, its small scale, accuracy limitations, errors of omission that range up to 55 percent (existing wetlands not shown on NWI), age (1980s), and absence of property boundaries make it unsuitable for parcel - based decision making." The Comprehensive Plan has no specific protections for wetlands; protections are provided by ordinances that implement Goal 5 protections (for example, fill and removal zoning code regulations). In the case of irrigation district performing work within wetlands, DCC 18.120.050(C) regarding fill and removal exceptions allows fill and removal activities as a use permitted outright. Page 118 Because the Plan Amendment and Zone Change are not development, there is no impact to any Goal 5 resource. Any potential future development of a wetland — no matter what zone the wetland is in — will be subject to review by the County's fill and removal regulations. Goal 6, Air, Water, and Land Resources Quality. The approval of this Application will not impact the quality of the air, water, and land resources of the County. Any future development of the Subject Properties will be subject to applicable local, state, and federal regulations that protect these resources. Goal 7, Areas Subject to Natural Disasters and Hazards. According to the Deschutes County DIAL property information and Interactive Map, the entirety of Deschutes County, including the Subject Properties, is located in a Wildfire Hazard Area. The Subject Properties are also located in Rural Fire Protection District #2. Rezoning the property to MUA-10 does not change the Wildfire Hazard Area designation. Any future development of the Subject Properties would need to demonstrate compliance with any fire protection regulations and requirements of Deschutes County. Goal 8, Recreational Needs. This goal is not applicable because no development is proposed and the Subject Properties are not planned to meet the recreational needs of Deschutes County. Therefore, the proposed rezone will not impact the recreational needs of Deschutes County. Goal 9, Economy of the State. This goal is not applicable because the Subject Properties are not designated as Goal 9 economic development land. In addition, the approval of this application will not adversely affect economic activities of the state or area. Goal 10, Housing. The County's comprehensive plan Goal 10 analysis anticipates that farm properties with poor soils, like the Subject Properties, will be converted from EFU to MUA-10 or RR-10 zoning and that these lands will help meet the need for rural housing. Approval of this Application, therefore, is consistent with Goal 10 as implemented by the acknowledged Deschutes County Comprehensive Plan. Goal 11, Public Facilities and Services. The approval of this Application will have no adverse impact on the provision of public facilities and services to the Subject Properties. Pacific Power has confirmed that it has the capacity to serve the Subject Properties and the proposal will not result in the extension of urban services to rural areas. Goal 12, Transportation. This application complies with the Transportation System Planning Rule, OAR 660-012-0060, the rule that implements Goal 12. Compliance with that rule also demonstrates compliance with Goal 12. Goal 13, Energy Conservation. The approval of this Application does not impede energy conservation. The Subject Properties are located adjacent to the city limits for the City of Bend. If the Subject Properties are developed with residential dwellings in the future, providing homes Page 119 in this location as opposed to more remote rural locations will conserve energy needed for residents to travel to work, shopping and other essential services provided in the City of Bend. Goal 14, Urbanization. This goal is not applicable because the Applicants' proposal does not involve property within an urban growth boundary and does not involve the urbanization of rural land. The MUA-10 zone is an acknowledged rural residential zoning district that limits the intensity and density of developments to rural levels. The compliance of this zone with Goal 14 was recently acknowledged when the County amended its Comprehensive Plan. The Comprehensive Plan recognizes the fact that the MUA-10 and RR zones are the zones that will be applied to lands designated Rural Residential Exception Areas. Goals 15 through 19. These goals do not apply to land in Central Oregon. III. OTHER COMMENTS IN THE RECORD Although only the Applicants and Staff participated in the Hearing, Staff did receive some comments on the Application in response to the Application Notice. The Record contains public comments concerning potential loss of farmland, impacts to wildlife, and potential for increased housing density. I find that each of these comments is generic in nature, and none address specific criteria applicable to the request for the Plan Amendment or Zone Change. The existence of those comments in the record, therefore, does not affect the factual findings in the Staff Report or the findings in this Recommendation. IV. CONCLUSION Based on the foregoing findings, I find the Applicants have met their burden of proof with respect to the standards for approving the requested Plan Amendment and Zone Change. I therefore recommend to the County Board of Commissioners that the Application be APPROVED. Dated this 12th day of December 2022 Tommy A. Brooks Deschutes County Hearings Officer Page 120 -a L) U a, CL a O N N rn cc 0 n c IV O >. • -o 1 a) CC agent inCareOf 22-313-ZC, 22-314-PA 2464 SW Glacier PL. #110 U J J J J 0 t, a- (o 0) Q a) ✓ t o > c Q a) E— O t— U 22-313-ZC, 22-314-PA 0 Schwabe, Williamson & Wyatt, P.C. Schwabe WILLIAMSON & WYATT® April 4, 2023 VIA HAND DELIVERY Board of County Commissioners c/o Nathaniel Miller, Associate Planner Deschutes County Community Development 117 NW Lafayette Avenue Bend, OR 97701 Tia M. Lewis T: 541-749-4048 C: 541-788-7363 tlewis@schwabe.com RE: Te Arno Despacio / Zone Change to MUA-10; Applicant's Response to April 3, 2023 Bayard Comments PA/ZC; File No. 247-22-000313-ZC, 247-22-000314-PA Our File No.: 138753-269455 Dear Commissioners: On behalf of the Applicant, Te Amo Despacio, we submit the following response to the April 3, 2023 comment letter submitted into the record for the above referenced matter by Toby and Michel Bayard. The Bayards own property in Deschutes County located at 20555 Bowery Lane as shown on the attached Exhibit BOCC-1. The property is 6.34 acres, zoned MUA-10, and located in an area of small parcels developed with single-family dwellings in the north area of Bend, over 5 miles from the subject property. The Bayards object to the proposed rezoning of the subject property to the same zone as their own property on the basis that it will be developed with high -end homes and further exacerbate Bend's affordable housing problem. The Bayards ask that our County and City work together to build complete communities. As discussed fully in our application materials, at the public hearing before the Hearings Officer and in the Hearing Officer Recommendation, the present application is requested to facilitate urbanization of this property upon the next UGB expansion. The present application represents exactly the cooperative effort the Bayards are asking for. By rezoning nonproductive agricultural lands along the urban fringe to an exception category zoning (RR-10 or MUA-10) the County enables the City to bring the land inside the UGB upon the next expansion in accordance with the state law governing such expansion. Deschutes County Comprehensive Plan ("DCCP") Policy 2.2.3 specifically allows nonresource lands zoned EFU to be redesignated and rezoned and identifies the property zoning and plan designations to be applied to non-agricultural lands. The plan also states, in Section 3.3, Rural Residential Exception Areas: SW Bond Street I Suite 500 1 Bend, OR 197702 M I 541-330-1153 Board of County Commissioners April 4, 2023 Page 2 "As of 2010 any new Rural Residential Exception Areas need to be justified through initiating a non -resource plan amendment and zone change by demonstrating the property does not meet the definition of agricultural or forest land ***" The Plan states that "[e]ach Comprehensive Plan map designation provides the land use framework for establishing zoning districts. Zoning defines in detail what uses are allowed for each area." DCCP Section 1.3, p. 15. Rural Residential Exception Areas, according to the DCCP, "provide opportunities for rural residential living outside urban growth boundaries and unincorporated communities ***" DCCP Section 1.3, p. 15. DCCP Table 1.3.3 provides that Title 18's RR-10 and MUA-10 are the "associated Deschutes County Zoning Code[s]" for the RREA plan designation. Resource lands (EFU and Forest) are the last category of lands that can be urbanized and only if no other non resource lands are available to meet the urbanization needs. As is demonstrated from the evidence in the record, the subject property does not meet the definition of Agricultural land and should be rezoned to a zoning category consistent with its characteristics. The property is adjacent to the Bend UGB, making it an excellent candidate for inclusion and the correct zoning classification will facilitate that inclusion and the efficient extension of urban services. In totality, the only evidence in the record supports a finding the subject property is not agricultural land and should be removed from EFU zoning. The Applicant has demonstrated the criteria for plan amendment and zone change approval are satisfied. Thank you for your careful consideration of this matter. We urge you to approve the application. Sincerely, Tia M. Lewis TML:cho PDX\ 138753\269455\TML\36366868.1 schwabe.com Exhibit BOCC-1 Page 1 of 13 TOR FUR rx,�tl FP :. (ate a/4/2023 N IJ A I 1 rv11JA1 i) Source: Esri, Maxar, Earthstar Gepgra.phics, a Deschutes County GIS i[y '{�,A 1,250 2,500 5,000 fl 3009feel lila) ON Werreal PA!, Exhibit BOCC-1 Page 2 of 13 Exhibit BOCC-1 Page 3 of 13 0 40 80 t te: 4/4/2023 uivizmT, =i 11 t-7e@c-ci 411 , 1i41ffa K36 I r i vnji• I Exhibit BOCC-1 Page 4 of 13 Deschutes County Property Information Layers Transparency' 10D% City Limits Comprehensive Plan Irrigation Districts IJrban Growth Boundary Zoning Draw Measure Print / Find a place 2023 - Deschutes County. All ognts reserved. Exhibit BOCC-1 Page 5 of 13 )(, Deschutes County Property Information Report Date: 4/4/2023 10:36:57 AM Disclaimer The information and maps presented in this report are provided for your convenience. Every reasonable effort has been made to assure the accuracy of the data and associated maps. Deschutes County makes no warranty, representation or guarantee as to the content, sequence, accuracy, timeliness or completeness of any of the data provided herein. Deschutes County explicitly disclaims any representations and warranties, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. Deschutes County shall assume no liability for any errors, omissions, or inaccuracies in the information provided regardless of how caused. Deschutes County assumes no liability for any decisions made or actions taken or not taken by the user of this information or data furnished hereunder. Account Summary Account Information Mailing Name: BAYARD REVOCABLE LIVING TRUST Map and Taxiot: 171209B000300 Account: 113216 Tax Status: Assessable Situs Address: 20555 BOWERY LN, BEND, OR 97703 Property Taxes Current Tax Year: $7,593.00 Tax Code Area: 1003 Assessment Subdivision: Lot: Block: Acres: 6.34 Property Class: 401 -- TRACT Ownership Mailing Address: BAYARD REVOCABLE LIVING TRUST 20555 BOWERY LN BEND, OR 97703 Valuation Real Market Values as of Jan. 1, 2022 Land $529,380 Structures $648,510 Total $1,177,890 Current Assessed Values: Maximum Assessed Assessed Value Veterans Exemption $542,010 $542,010 W nin . s, Notations, and S ®ecial Assessments Review of digital records maintained by the Deschutes County Assessor's Office, Tax Office, Finance Office, and the Community Development Department indicates that there are no special tax, assessment or property development related notations associated with this account. However, independent verification of the presence of other Deschutes County tax, assessment, development, and additional property related considerations is recomrnended. Confirmation is commonly provided by title companies, real estate agents, developers, engineering and surveying firms, and other parties who are involved in property transactions or property development. In addition, County departments may be contacted directly to discuss the information. Valuation H sto All values are as of Janua 1 of each ear. Tax ear is Jul st throu h June 3-ith of each ear. Real Market Value - Land Real Market Value - Structures Total Real Market Value 2018 - 2019 2019 - 2020 2020 - 2021 2021 - 2022 2022 - 2023 $302,520 $348,730 $385,580 $372,070 $529,380 $388,270 $450,390 $499,930 $469,930 $648,510 $690,790 $799,120 $885,510 $842,000 $1,177,890 Maximum Assessed Value $481,590 $496,030 $510,910 $526,230 $542,010 Total Assessed Value $481,590 $496,030 $510,910 $526,230 $542,010 Veterans Exemption $0 $0 $0 $0 $0 Deschutes County Property Information Report, page 1 Exhibit BOCC-1 Page 6 of 13 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 2018 - 2019 —r— Real Market Value — Maximum Assessed Value 2019 - 2020 2020 - 2021 2021 - 2022 2022 - 2023 Tax Payment History Year Date Due 2022 11-15-2022 2022 11-15-2022 Transaction Type PAYMENT IMPOSED Transaction Date 11-02-2022 10-12-2022 As Of Date 11-02-2022 11-15-2022 Amount Received $7,365.21 $0.00 Tax Due ($7,593.00) $7,593.00 Discount Interest Refund Amount Charged Interest $227.79 $0.00 $0.00 $0.00 $0.00 $0.00 2021 11-15-2021 PAYMENT 10-28-2021 10-28-2021 2021 11-15-2021 IMPOSED 10-11-2021 11-15-2021 Total: $7,188.02 $0.00 $0.00 ($7,410.33) $7,410.33 $222.31 $0.00 $0.00 $0.00 $0.00 $0 00 2020 11-15-2020 PAYMENT 2020 11-15-2020 IMPOSED 10-28-2020 10-09-2020 10-28-2020 11-15-2020 Total: $6,786.81 $0.00 $0.00 ($6,996.71) $6,996.71 $209.90 $0.00 $0.00 $0.00 $0.00 $0.00 Total: $0.00 Sales History Sale Date 01/23/2008 03/28/1998 05/30/1990 Seller BAYARD,TOBY & MICHEL COOPER,RICHARD M T Buyer BAYARD, MICHEL L &TOBY ELLEN TTEES BAYARD,TOBY UNKNOWN Sale Amount $0 $250,000 $314,500 Sale Type 08-GRANTOR/GRANTEE THE SAME 33-CONFIRMED SALE 33-CONFIRMED SALE Recording Instrument ARE 2008-3538 1998-4881509 1990-2100995 Structures Stat Class/Description 163 - RESIDENCE: Two story Floor Description First Floor Rooms Living 1 Dining Kitchen 1 1 Floor Description Second Floor Improvement Description Nook Great 0 0 Family Bed 0 2 Code Area Year Built Total Sq Ft 1003 1980 2,422 Comp %° ------ Sq_Ft 100 2,078 Full Bath Half Bath Bonus Utility 2 0 0 1 Comp 100 Sq Ft 344 Den 0 Other 1 Deschutes County Property Information Report, page 2 (For Report Disclaimer see page 1) Exhibit BOCC-1 Page 7 of 13 Rooms Living Dining Kitchen Nook 0 0 0 0 Floor Description Garage -Attached -Low Cost Improvement Inventory 2 STORY OUTSIDE BRICK BATHTUB W/FIBRGL SHWR DISHWASHER DRYWALL FORCED AIR HEATING FORCED AIR HEATING FOUNDATION -CONCRETE GARBAGE DISPOSAL KITCHEN SINK LAUNDRY TUB LAVATORY ROOF - GABLE Accessoly Description DECK -AVERAGE DECKS -GOOD ASPHALT -PAVING TENNIS COURT Stat Class/Description 313 - FARM BLDG: Loft Barn Floor Description Building Structure Stat Class/Description 317 - FARM BLDG Corral Fence Avg Floor Description Building Structure Great 0 Family Bed 0 0 Full Bath Half Bath Bonus Utility Den Other 0 0 0 0 0 1 Comb%Sq_Ft 100 672 1 ROOF CVR - SHAKE MED. 1 SELF EXHAUST RANGE/GRILL 1 SGL ELAB FIREPLACE SHAKE MED. - ROOF COVER 2,078 SHOWER W/DOOR, FIBERGLASS 172 SPA 7X7 2,078 TOILET 1 VAULTED CEILING 1 WATER HEATER 1 WINDOWS - DOUBLE/THERMAL PANE 2 WINDOWS METAL 2,078 WOOD STOVE 2,078 1 1 672 1 1 2 SgFt Quantity 1,416 176 1,500 7,020 Improvement Description Code Area Year Built Total Sq Ft LOFT BARN BEHIND LOCKED GATE. CLASS 4 1003 2002 500 Improvement Description Corral Fence Avg - CLASS 4 Comp%o _ .__ Sq Ft 100 500 Code Area Year Built Total Sq Ft 1003 1960 700 Comte% Sq Ft 100 700 Land Characteristics Land Description Rural Lot Acres 6.34 Land Classification t?wnershl Ownership Percentage Name Type REPRESENTATIVE REPRESENTATIVE OWNER Name BAYARD, MICHELA BAYARD, TOBYELLEN BAYARD REVOCABLE LIVING TRUST, Ownership Type OWNER AS TRUSTEE OWNER AS TRUSTEE OWNER 100.00% Related Accounts Related accounts apply to a property that may be on one map and tax lot but due to billing have more than one account. This occurs when a property is in multiple tax code areas. In other cases there may be business personal property or a manufactured home on this property that is not in the same ownership as the land. No Related Accounts found. Deschutes County Property Information Report, page 3 (For Report Disclaimer see page 1) Exhibit BOCC-1 Page 8 of 13 Service Provtcers Please contact districts to confitm. Category COUNTY SERVICES FIRE DISTRICT SCHOOL DISTRICT ELEMENTARY SCHOOL ATTENDANCE AREA MIDDLE SCHOOL ATTENDANCE AREA HIGH SCHOOL ATTENDANCE AREA EDUCATION SERVICE TAX DISTRICT COLLEGE TAX DISTRICT LIBRARY DISTRICT WATER SERVICE PROVIDER IRRIGATION DISTRICT GARBAGE & RECYCLING SERVICE Name DESCHUTES COUNTY BEND RURAL FIRE BEND - LA PINE SCHOOL DISTRICT Phone (541) 388-6570 (541) 318-0459 (541) 355-1000 NORTH STAR ELEMENTARY SCHOOL (541) 355-2300 SKY VIEW MIDDLE SCHOOL (541) 355-7600 MOUNTAIN VIEW HIGH SCHOOL (541) 355-4400 HIGH DESERT EDUCATION SERVICE (541) 693-5600 DISTRICT CENTRAL OREGON COMMUNITY COLLEGE (541) 383-7700 DESCHUTES PUBLIC I..IBRARY (541) 617-7050 AVION WATER COMPANY (541) 382-5342 SWALLEY IRRIGATION DISTRICT (541) 388-0658 BEND GARBAGE & RECYCLING (541) 382 - 2263 Address 1300 NW WALL ST, BEND, OR 97703 1212 SW SIMPSON AVE. BEND, OR 97702 520 NW WALL ST, BEND, OR 97703 63567 NW BROWNRIGG LANE, BEND, OR 97703 63555 NE 18TH ST, BEND, OR 97701 2755 NE 27TH ST, BEND, OR 97701 145 SE SALMON AVE, REDMOND, OR 97756 2600 NW COLLEGE WAY, BEND. OR 97703 601 NW WALL ST, BEND, OR 97703 60813 PARRELL RD, BEND, OR 97702 64672 COOK AVENUE, SUITE 111, BEND, OR 97703 20835 NE MONTANA WAY, BEND, OR 9/709 ievelo b.ment Somme Planning Jursidiction: Urban Growth Boundary: Urban Reserve Area: County Development Details Wetland (National or Local): Conservation Easement: FEMA 100 Year Flood Plain: TDC/PRC Restrictive Covenant: Ground Snow Load: Deschutes County Permits Permit ID Permit Type 247-B13693 Building 247-B59607 Building 247-349153 Building 247-B8150 247-E02342 247 E83661 247-E107926 247-M02021 247-18-000072- MECH 247-P01085 247-S14128 247-S10846 247-S54526 247-S48779 Building Electrical Electrical Electrical Mechanical Mechanical Plumbing Septic Septic Septic Septic Deschutes County No No County Zone MUA10 Yes No Conservation Easement Recorded Not Within 100 Year Flood Plain No TDC/PRC Restrictive Covenant Found 36 #/sq. ft. Applicant MACKENZIE,TOM BAYARD,TOBY BAYARD,TOBY INSKEY JERRY MCKENZIE,TOM BAYARD,TOBY BAYARD REVOCABLE LIVING TRUST MACKENZIE,TOM BAYARD REVOCABLE LIVING TRUST MACKENZIE,TOM INSKWEP,JERRY MACKENZIE,TOM BAYARD,TOBY BAYARD,TOBY Description MULTIPLE USE AGRICULTURAL 10 ACRE MINIMUM Application Date Status 08/13/1986 Finaled 07/21/2005 Expired 05/03/2002 Finaled 01/01/1980 Finaled 09/11/1966 Finaled 07/27/2005 Finaled 03/16/2011 Finaled 08/26/1986 Finaled 01/04/2018 Finaled 08/26/1986 Finaled 08/14/1980 Expired 08/13/1986 Expired 07/21/2005 Expired 05/03/2002 Finaled Deschutes County Property Information Report, page 4 (For Report Disclaimer see page 1) Exhibit BOCC-1 Page 9 of 13 STATEMENT OF TAX ACCOUNT DESCHUTES COUNTY TAX COLLECTOR DESCHUTES SERVICES BUILDING BENT) OR 97703 (541) 388-6540 13AYARD RL-VOC'AL31.1 LIVING 1Rt'-ST L3AY ARD MICI11.1_ I. 61013Y LI 1.1.N 1 I LE.S 20555 OOWE:RY 1,N BLND 01Z 97703 I as Account (3 11 3216 Lender Name Account Status A Loan Number Roll Type Real Propert' ID 1003 Sous Address- 20555 130A [RY L N 13t.ND 97703 Interest To Ant. 4. 202.3 4-Apr-202.3 Tax SuMMary Tax Tax Total Current Interest Discount Original Due fear Type Due Due Due Available Due Date 2022 ADVAl0RI.M St)00 So 00 $000 $000 $759300 Nov 13 2022 2021 ADVALORLM $000 $000 SO 00 VI 00 5731033 Nov IS.2021 2020 A DV AI DR[M S0 00 $0 00 SO 00 SO 00 55,996 71 Nov 15, 2020 2019 51)53L05I:34 5000 $000 5000 $000 5579905 Nov 15,2019 2018 ADVAL.0RL"M S0 00 S0 00 $0.00 $0 (10 $6,600 54 Nov 15, 2018 2017 ADV'ALOREM SO 00 $0 00 k0 00 50 OO $6;426 37 Nov 15, 2017 2016 ADVAI.ORI:M SO 00 $0 00 $0 00 So 00 $(3.1(15-71 Nov 15. 2016 2015 ADV,AI_OREM $0 00 $0.00 SO 00 S0.00 $5.934.26 Nov 15, 2015 2014 ADVALORLM S0 00 SO 00 S0 00 S0 00 55 743 60 Nov 15. 2014 2013 ADVALOREM S0.00 $0.00 S0.00 $0.00 $5,326 21 Nov 15, 2013 2012 ADV ALOR EM S0 00 SO 00 S0 00 SO 00 $5 192 16 Nov 15. 2012 2011 ADVALOREM SO 00 $0.00 SO 00 SO 00 $5,526.13 Nov IS.2011 2010 ADV.%) OREM $0 00 $0 00 S0 00 $0.00 $1445 3 91 Nov 15. 2010 2009 ADVALORI_;M S0.00 $000 $000 SO 00 $5,23974 Nov I5.2009 2008 ADV Al05E.5) SO 00 SO 00 3000 SO 00 $1,058.30 Nov 15. 2008 2007 ADVAI.OREM SO 00 $(100 SO 00 9,000 $4,812-16 Nov 15 2007 2006 ADVALOREM SO 00 $0 00 SO O)) $0.00 $4469 98 Nov 15. 2006 2005 51)VALO1815) $0 00 SO 00 S0.00 $0 00 15/12382 Nov 15,2005 2004 51)531OREM $0 00 $0 00 S0.00 $0 00 $11)2397 NOV I5,2004 200.3 ADVALURLM SO 00 $0.00 $0.00 SO 00 $3.79351 Nov 15.2003 2002 ADVALOREM .$0(li? 50.00 SO 00 5000 $3,604 71) Nov 15, 2002 2001 ADVAI.012TM SO 00 SO 00 $0 00 SO 00 $3..32467 Nov 15.2001 2000 SDVAL0R1M SO 00 $0 00 $000 $0 00 $3,191 97 Nov 15,2.000 1999 ADVALORP.M SO 00 S0 00 $0 00 $0.00 $ 3.108 74 Nov 15- 1999 1998 ADVAI.,OREM S0.00 SO 00 $0 00 5000 $3.081.04 Nov 15, 1998 1997 ADVALOREM S0 00 S0 00 $Q00 S0.00 $3.082 41 Dec 15, 1997 1996 ADVALORIM S0.00 SO00$0 00 SO 00 $3.023 92 Nov 15, 1996 Total $0.00 $0.00 $0 00 $0.00 Deschutes County Property Information Report. page 5 (For Report Disclaimer see page 1) Exhibit BOCC-1 Page 10 of 13 REAL PROPERTY TAX STATEMENT JULY 1, 2022 TO JUNE 30, 2023 DESCHUTES COUNTY, OREGON - 1300 NW WALL ST STE 203, BEND, OR 97703 TAX ACCOUNT: 113216 BAYARD REVOCABLE LIVING TRUST BAYARD, MICHEL L &TOBY ELLEN TTEES 20555 BOWERY LN BEND OR 97703 PROPERTY DESCRIPTION CODE: 1003 MAP: 171209-B0-00300 CLASS: 401 SITUS ADDRESS: 20555 BOWERY LN BEND LEGAL: VALUES: REAL MARKET (RMV) LAND STRUCTURES TOTAL RMV MAXIMUM ASSESSED VALUE TOTAL ASSESSED VALUE VETERAN'S EXEMPTION NET TAXABLE: TOTAL PROPERTY TAX: LAST YEAR 372,070 469,930 842,000 526,230 526,230 0 526,230 7,410.33 THIS YEAR 529,380 648,510 1,177,890 542,010 542,010 0 542,010 7.593.00 TAX QUESTIONS ASSESSMENT QUESTIONS For Property Information: (541) 388-6540 (541) 388-6508 dial.deschutes.orq TAX BY DISTRICT SCHOOL DISTRICT #1 COCC HIGH DESERT ESD 2,582.19 33626 52.25 EDUCATION TOTAL: 2,970.70 DESCHUTES COUNTY COUNTY LIBRARY COUNTYWIDE LAW ENFORCEMENT RURAL LAW ENFORCEMENT COUNTY EXTENSION/4H 9-1-1 RURAL FIRE DISTRICT #2 RURAL FIRE DISTRICT #2 LOCAL OPTION 660.33 298 11 569.11 775.07 12.14 196.10 778.65 108.40 GENERAL GOVT TOTAL: 3,397.91 COUNTY LIBRARY BOND SCHOOL #1 BOND 2007 SCHOOL #1 BOND 2013 SCHOOL #1 BOND 2017 COCCBOND 182.87 37859 11019 511.17 41.57 BONDS - OTHER TOTAL: 1,224.39 Full Payment with 3% Discount $7,365.21 Discount is lost after due date and interest may apply PAYMENT OPTIONS: Online www.deschutes.org/tax * By Mail to Deschutes County Tax, PO Box 7559 Bend OR 97708-7559 * Drop Box located at 1300 NW Wall Street, Bend or 411 SW 9th Street. Redmond *In Person 1300 NW Wall Street, Ste 203, Bend (2nd Floor) Please include this coupon with payment. Please do not staple, paper clip or tape your payment. Payment Due November 15, 2022 Please select payment option TAX ACCOUNT: 113216 r Full Payment (3% Discount) No Additional Payrnent Due Two -Thirds Payment (2% Discount) J Next Payment Due 05/15/23 One -Third Payment (No Discount) Next Payrnent Due 02/15/23 $7,365.21 $4,960.76 $2,531.00 A\1Ot':NT ENCLOSED Please make checks payable to Deschutes County Tax Collector BAYARD REVOCABLE LIVING TRUST BAYARD, MICHEL L &TOBY ELLEN TTEES 20555 BOWERY LN BEND OR 97703 Change my Mailing Address (Mailing address change form on reverse) Deschutes County Tax Collector PO Box 7559 Bend OR 97708-7559 09100001132160000253100000049607600007365214 Deschutes County Property Information Report, page 6 (For Report Disclaimer see page 1) Exhibit BOCC-1 Page 11 of 13 0 CO rn N (I, abed aas Jewi,eps!U podey Joj) / abed '1Jodael uogewaoju( Apadad /luno7 sainuosoa VEO Li lidV4133S 17 12 09B0 Deschutes County Property Information - Dial Road Map al q d ✓t l0 . rOx i.N RC4 G r)R aordAfilsord (; r 0 Z 4.1 CC it ' 0 u a O 6 11 O X ,���� ,i¢F 4 O MEADOW LN C} rq as aLOCO t 6P Cd 4s°' ftC) y ,pAf S. .d• °�� n 2 0 j L(Mg i.N 0 FORT THOM PSfJti iN Xs ma Z Z A - ROGERS RO 5UZA i i.te i"Vikk0 Ltd 'Tt -A .y, IOC , spy N Oft.Poi nte : .� t, P ark cp T�t(iuea" na W °" %) n S.t,g'� .S..FeIFA CtCyk�L cc y in ��N e74 ' cad ° �� a n i' o COOLEY RO A 2- x BEND 0V. RI)Pi, 4 o Dou6L AKS OR Cr)? RUSS LLL0 '�NGt1/,tA CGYPt UR = tF?rs i'1 L u > Cp 00 a t VtAt:(5(4LLA UN FO�i4L._iN / "' 1 ��'VtY Rr�ukRiuig ` Rs) r MpN 4r o ANTONCo isbk,+.4t� .. t.N y6y�p gGt3E KAlP .9,,,. .. f C� ALPINE. t 41 (4-eot aL by�tt' j rt',, r' NETALUS PL 0 ROvAt 07 r. r) ,tr t"� ii Not ��E) r5 af0 Deschutes County GIS Map and Taxlot: 171209B000300J0' ES ('n Deschutes County Property Information Report. page 8 (For Report Disclaimer see page 1) Exhibit BOCC-1 Page 13 of 13 4/4/23, 11:12 AM bendugb.jpg (557x741) e Urban Growth Boundary CAITFE-nt aGE1 E%parSIOn Area AlTib %Wm onsta t 04.14.krit: Itaveloetql.r.N.C:vr 'Ufgave:=Zar.t. auwarith.r.34,em otavaion 4.4kap • 140P MiRiar.wtew fan paps lit ne..1.1ctu]kait ildbfepel WI* tirdsorlfsf mei 45, Urban Residerthal Lands & IJGB Ex.pansion Area Existing Zoning mres Figure 1 Bend Urban Area R.esidentiat Zones ME RH - Res LirtHIc1 Delisley RNI - Res UM Medium Density FIS - Piss Let Starpeard Derby 1:11.- Res Lvb USW Densty Met City Zones *now_ aft, P.( en Overlay or Wining Zane EFLAL - AMA% EFlirelB -neetReelBen 4:-.5"Q MUM - matt lisee.g liAR- Urban Axee Fissera 00'0-0srm.5 - Ries 5hrt,Lc DerkAY IEMR1R10 - fiLrek i;leSideniLit https://djcoregon.com/wP-content/blogs.dir/1/files/2010/11/bendugb.jpg 1 /1 Bend UGB 2016 Opportunity Areas Expansion Areas 1 - Bend Central District 10 - Northeast 2 - East Downtown 11 - East Hwy 20 4 - Inner Hwy 20 / Greenwood 12 - DSL Property 4 - Central West Side / Century Drive 13 - The Elbow 5 - KorPine 14 - The Thumb 6 - Juniper Ridge 15 - Southwest 7 - SE 15th Street 16 - West 8 - COID Property 17 - Shevlin 9 - River Rim 18 - OB Riley 19 - North Triangle COOLEY 971 � ROgq� 1- • Legend Expansion Areas ®Opportunity Areas _ Urban Growth Boundary �FR 43 F971 op REED MARKET 7 0.5 1 Miles NORTH BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: April 5, 2023 SUBJECT: Public Hearing on 4 Peaks Music Festival 2024 Outdoor Mass Gathering Permit PROPOSAL: The applicant requests approval of an Outdoor Mass Gathering permit to allow a multi -day music festival in June of 2024. The event includes overnight camping, parking, and food and drink for an estimated 2,000 people. The property is approximately 150 acres in size and developed with a single-family dwelling and multiple accessory structures. The surrounding area consists of small scale farm and residential uses. Proposed location of the festival is at 21085 Knott Road (see attached Location Maps and Site Plan). Staff notes that the festival received approval from 2016 through 2019 at the same location with similar proposals, and before 2016 at a property near Tumalo. Set up is scheduled to begin June 15, 2024 and tear down will be fully completed by June 24, 2024. The event will take place June 20, 2024 through June 23, 2024. At this time the proposal has been approved by the Environmental Health Division, Bend Fire Department, County Health Department, and the Deschutes County Sheriff's Office. The subject property has been divided into specific areas for the music festival. The main activity area is on the central portion of the subject property, which contains the stages, vendors, restrooms, water, first aid, trash and recycling collection, and basic operational aspects of the festival. The entrance to the festival is located on the northeast corner which includes the general admission vehicle lanes, ticket will call, day -use parking, and an area for authorized personnel. Other areas surrounding the main event to the south and southeast are designated as car and RV camping. The design layout includes separate vehicle and pedestrian access aisles and an emergency access road. The applicant has addressed in their proposal the requirements involving insurance, sanitary facilities, water supply, fire protection, medical services, public safety and enforcement, parking facilities, alcohol and dangerous drugs, and hours of operation. While DCC 8.16.180 only requires a 10 day notice to other County Departments, Notice of Public Hearing was sent to County Departments and surrounding property owners on March 17, 2023 and published in the Bulletin on March 19, 2023. At this time, staff has not received any comments regarding the proposed application. OUTDOOR MASS GATHERING REQUIREMENTS/CRITERIA: Deschutes County Code (DCC) Chapter 8.16 provides approval criteria for an Outdoor Mass Gathering permit. The applicant has satisfied the requirements addressed in Section 8.16.160, including obtaining signatures on the application form from the following agencies: • Bend Fire Department • Deschutes County Health Department • Deschutes County Environmental Health Division • Deschutes County Sheriff Staff believes the proposed outdoor mass gathering permit request can comply with the applicable standards and criteria outlined in Chapter 8.16 below if conditions of approval are met. Conditions will be noted in the Staff Report for the public hearing. The applicant is requesting a waiver from the requirement to maintain an ambulance on - site during the festival. However, no waiver is sought for the first aid station and the applicant indicates it will comply with County Code. The applicant has provided a Medical Service Plan, which includes the use of Steven Foster Wexler LAC, an event medical service. The Rnarri may waive permit requirements, in this case ambulance service, upon showing good cause by the event organizer (see DCC 8.16.150(B)). Furthermore, if the Board determines no County law enforcement or other services are necessary and no significant public health, safety, or welfare issues are involved, the Board may waive that requirement as well. The Board waived the permit requirement for on -site ambulance service for the last six outdoor mass gathering permits for this festival when it was at the Tumalo and Bend location. For reference, the closest fire station, Bend Fire Station #303, located at 61080 Country Club Drive, is approximately two (2) miles from the event site. BUDGET IMPACTS: None ATTENDANCE: Rachel Vickers, Associate Planner Land Use File 247-22-000675-OMG 21085 KNOTT RD, BEND, OR 97702 n(1m11% 451 Land Use File 247-22-000675-OMG 21085 KNOTT RD, BEND, OR 97702 Newberry Natio Von M iirn E4(imDli6,s(0304, DP Script for BOCC Chair for 247-22-000675-OMG 1. CHAIR: "This is the time and place set for a hearing regarding file number 247-22-000675- OMG. This is a request for a multiday outdoor music festival for an event in June of 2024. 2. CHAIR to CDD staff: "Staff will outline the hearing procedures that will be followed." 3. CDD STAFF informs the audience as follows: CDD Staff will go over Hearings Procedure 4. CDD STAFF: "A full written version of the hearing procedures is available at the table at the side of the room." 5. CDD STAFF: "Commissioner Adair, I will now return to the script and note that the Commissioners must disclose any ex-parte contacts, prior hearing observations, biases, or conflicts of interest." 6. CHAIR: "Does any Commissioner have anything to disclose and, if so, please state the nature of same and whether you can proceed?" 7. BOARD: The hearings body discloses conflicts or ex-parte contacts and states whether they are iniithrlrniniin x fmm the hearing nr whether they intend to rnntintiP with the hearing. 8. CHAIR: "Does any party wish to challenge any Commissioner (member of the hearings body) based on ex-parte contacts, biases, or conflicts?" 9. CHAIR: "As no challenges are presented, prior to opening the hearing, does anyone have any procedural objections to the public hearing?" 10. CHAIR: "Seeing none, the hearing is now open. Staff will proceed with a brief staff report." CDD Staff will present the Staff Report Page 1of1 o2� BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Name Address Citizen Input or Testimony 7-a (-e- WV ti-4-k u0‘2 Date: S� Phone #s E-mail address In Favor vicz oc s 3 zof fv\kv_c( Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed No SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS GROUP April 4, 2023 EMAIL — Rachel.Vickers@deschutes.org Rachel Vickers, Associate Planner Deschutes County Board of Commissioners 117 NW Lafayette Avenue Bend, Oregon 97708-6005 Re: 4 Peaks Music Festival — Outdoor Mass Gathering Permit County File Number 247-22000675-OMG Dear Ms. Vickers: I am writing this letter to express our concerns to the proposed mass gathering permit in our community. While we understand the desire to hold the above -referenced event, we believe that it poses significant risks to the safety and well-being of our residents, as well as the neighboring properties. First and foremost, the proposed event raises serious concerns about fire safety. Given the size and nature of the event, it is likely that a large number of people will be in attendance. This could lead to overcrowding, which in turn increases the risk of fire, especially with overnight camping. With limited points on ingress and egress, it could be extremely difficult to evacuate people safely in the event of an emergency. We would like to understand what fire safety measures are being implemented to ensure any brush fire does not spread to neighboring property. Furthermore, the proposed event is likely to cause significant traffic congestion in the area. This could lead to serious safety concerns, as emergency vehicles may have difficulty reaching those in need. It can also be a nuisance for residents who have to navigate through heavy traffic in order to get to their homes and places of work. Moreover, I would like to express our deep concern about the potential trespass onto neighboring properties during this event. With a large number of attendees, it is possible that some may stray onto adjacent private properties, causing damage or creating nuisance issues. We cannot allow such disregard for the rights of our neighbors. 541-683-5073 www.pape.com The Pape Group, Inc. PO Box 407, Eugene, OR 97440 Pape Machinery, Inc. Pape Material Handling, Inc. Pape Kenworth Pape Rents Pape Properties, Inc. Pape Truck Leasing, Inc. Pape Motive Power Ditch Witch® West Engineered Products, a Pape Company Rachel Vickers, Associate Planner Deschutes County Board of Commissioners April 4, 2023 Page 2 Finally, the proposed event raises concerns about the welfare of livestock in the area. With large crowds and potential noise pollution, it could be difficult to ensure that the animals are kept safe and comfortable during the event. This could lead to serious animal welfare issues, which are unacceptable in our community. Thank you for your attention to this matter. Sincerely, /�•-.-'�-- err...-�—v-1 Mike Pati President of Pape Properties, Inc. MP:mjp cc: Susie Pape (spape@pape.com) Ryan Pape (rpape@pape.com) Seth Smythe (ssmythe@pape.com) Nathaniel Miller From: Michel Bayard <mlbayard1943@gmail.com> Sent: Tuesday, April 4, 2023 4:00 PM To: Board Subject: My 3-minute presentation at the meeting of the board of county commissioners, tomorrow at 9:00 am You don't often get email from mlbayard1943@gmail.com. Learn why this is important [EXTERNAL EMAIL] Hello, you will find below my 3-minute presentation. Michel Bayard, 20555 Bowery Lane, Bend 541 977 2433 Communities with ample affordable housing benefit everyone. The negative downstream effects of low -density residential zoning are well documented. Increasingly, government policy makers favor zoning that encourages high -density housing over urban sprawl. Sadly, the 93 acres east of Bend, the subject of today's public hearing, are proposed for a multiple agricultural (MUA10) zoning from exclusive farm use (EFU). If Deschutes County continues to rezone EFU land into 10-acre rural residential (RR-10) and MUA-10 lots , our community will attract high -income buyers who'll soon discover they can't enjoy many services they've come to expect. That is because those who can't afford to buy or rent in exclusive areas aren't merely "service workers". They're teachers, nurses, local government workers, financial services, and other professionals. Further, these 93 acres of land that "experts" say can't be farmed will not be connected to City services. They'll get their water from "unmetered" wells, which allows them to develop "amenities" such as mini -putting greens, ponds, lush gardens, lakes, etc., further reducing our region's declining groundwater reserves. The lack of affordable housing in Deschutes County makes it difficult to attract/retain lower -paid "service workers" such as food service personnel, sales associates, home health workers, custodians, and delivery drivers. High -cost housing also forces businesses to cut their hours of operation, pay higher wages and enhance benefits to keep good employees. But we should also closely examine the downside aspects of large -lot rezoning. Rezoning farmland on the edge of Bend's eastern UGB (converting it into high -end 10-acre lots) benefits a tiny segment of this County's population. It also makes it hard for Bend to supply affordable housing. Bend is doing all it can to encourage denser construction, surrounded by parks, walking and bike paths and open space. Shouldn't our elected leaders, both County and City work together? Why won't the County help Bend to build complete communities rather than encouraging development of high -end hobby farms on the edges of Bend's UGB? When Bend expanded its UGB in 2016, it took multiple steps to coordinate with Deschutes County in planning for this area's subsequent growth. Much of that growth will take place on the land that abuts Bend's UGB on its east and southeast sides. In 2016, Bend expanded by 2,380 acres to bring in more land for affordable housing and other developments. At that time, it forged a partnership with Deschutes County. In the Bend Area General Plan on page 1-7, it states "Growth in the Bend Area shall be managed through the cooperative efforts of the City of Bend and Deschutes 1 County". One Commissioner, Phil Chang, is doing just that. My wife and I encourage commissioners Tony DeBone and Patti Adair to do the same. 2 April 4, 2023 Dear Commissioners DeBone, Adair and Chang: Communities with ample affordable housing benefit everyone. The negative downstream effects of low - density residential zoning are well documented. Increasingly, policy makers favor zoning that encourages high -density housing over urban sprawl. Bend will continue to grow. That will require that it expand its UGB into areas that are now County land. There's only so much land in the County. We must use it wisely. If the County continues to rezone EFU land into 10-acre residential RR-10 and MUA-10 lots for residential development, our community will attract high -income buyers who'll soon discover they can't enjoy many services they've come to expect. The County is trying to do this again on 93 acres east of Bend's UGB. Further, these 93 acres of land that "experts" say can't be farmed will not be connected to City services. They'll get their water from "unmetered" wells. They can then develop "amenities" such as mini -putting greens, ponds, lush gardens, lakes, etc., further reducing our region's declining groundwater reserves. Affordable housing in cities that surround Sun Valley, a playground for the wealthy, have faced this problem for decades. And, those who can't afford to buy or rent in exclusive areas aren't merely "service workers". They're teachers, nurses, local government workers, financial services, and other professionals. The lack of affordable housing in Deschutes County makes it difficult to attract/retain lower -paid "service workers" such as food service personnel, sales associates, home health workers, custodians, and delivery drivers. High -cost housing also forces businesses to cut their hours of operation, pay higher wages and enhance benefits to keep good employees. 'vino benefits svvb.,..,. I-,.-,.J.........r of 93 acres divides his land into (\AI IA_10 zoned parcels? The property vVIIu utIICIIIJ vvllell Q landowner of ✓.j aired �.1IVIUI_.) his Iuiiu into tvtvr, iv wit•.0 parcels? ...io: The property owner and possibly our elected leaders. We must consider the downside aspects of EFU rezoning. Said another way, rezoning farmland on the edge of Bend's eastern UGB benefits a tiny segment of this County's population. It also makes it hard for Bend to supply affordable housing. Bend is doing all it can to encourage denser construction, surrounded by parks, walking and bike paths and open space. Shouldn't County and City elected leaders work together? Can't the County help Bend to build complete communities rather encouraging development of high -end hobby farms on the edges of Bend's UGB? When Bend expanded its UGB in 2016, it took multiple steps to coordinate with Deschutes County in planning for this area's subsequent growth. Much of that growth will take place on the land that abuts Bend's UGB on its east and southeast sides. In 2016, Bend expanded by 2,380 acres to bring in more land for affordable housing and other development. At that time, it forged a partnership with Deschutes County. In the Bend Area General Plan on page 1-7, it states "Growth in the Bend Area shall be managed through the cooperative efforts of the City of Bend and Deschutes County". Thanks for considering my comments. Toby Bayard 20555 Bowery Lane, Bend, OR 97703 BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: April 5, 2023 SUBJECT: Request approval to apply for SAMHSA Treatment for Individuals Experiencing Homelessness grant RECOMMENDED MOTION: Move approval to apply for the Substance Abuse and Mental Health Services Administration grant for Treatment for Individuals Experiencing Homelessness. BACKGROUND AND POLICY IMPLICATIONS: The U.S. Department of Health and Human Services (HHS) through the Substance Abuse and Mental Health Services Administration (SAMHSA) is accepting applications for the Treatment for Individuals Experiencing Homelessness program. The program will award funding up to $500,000 per year, per award, for up to 5 years for political subdivisions of states. The anticipated project start date is September 30, 2023. The purpose of this program is to provide comprehensive, coordinated and evidenced - based services for individuals, youth, and families with a serious mental illness, serious emotional disturbance or co-occurring disorder who are experiencing homelessness or at imminent risk of homelessness (e.g., people exiting jail or prison without a place to live). Recipients will be expected to 1) engage and connect the population of focus to behavioral health treatment, case management, and recovery support services; 2) assist with identifying sustainable permanent housing by collaborating with homeless services organizations and housing providers, including public housing agencies; and 3) Provide case management that includes care coordination/service delivery planning and other strategies that support stability across services and housing transitions. With this program, SAMHSA aims to further expand opportunities to improve access to and delivery of coordinated, comprehensive services mental health services and improve housing stability. Ending housing instability and homelessness is critical for improving public health and community wellbeing. Studies show much higher rates of physical health issues and mental health and/or substance use disorders among populations experiencing homelessness than among people who are stably housed. People experiencing homelessness often face a decline in their physical and mental health while sheltered or unsheltered; therefore, this is an important window for initiating mental health and/or substance use disorder treatments. Deschutes County Health Service's (DCHS) grant proposal will include a multidisciplinary structure for providing direct street outreach and coordination for individuals in Deschutes County. This will include a new team consisting of a 0.25 FTE psychiatric nurse practitioner/ psychiatrist, 1.0 FTE Behavioral Health Specialist I, 1.0 FTE Behavioral Health Specialist 11, and a 0.70 FTE public health nurse to provide low barrier access to Behavioral Health services and intensive case management services to support individuals moving out of homelessness. This grant proposal team will also support the efforts of the permanent supportive housing program, Cleveland Commons, by providing an onsite Behavioral Health case management hours focused on engagement of residents in behavioral health services and recovery supports. Additionally, grant funding will support an Administrative Support Specialist at 0.5 FTE, training, supplies, a vehicle, and 10% indirect. If awarded, DCHS expects to hire all positions within four months of the grant start date. BUDGET IMPACTS: Up to $500,000 per year for 5 years. A five-year fiscal analysis is attached. ATTENDANCE: Kara Cronin, Manager, BH Program 0 0 # 0 & N. 41- 0 m 0 7� 0 m i §} 0 £ P4 0 0 (71 tel 0 & § w 0 0 ) >. 111 T. Analysis performed on a fiscal year \ \ % e \ CO / % R j 0 \ \ \ \ 0 « \ g \ \ - 0 & 0 & m - % / S 0 / 0 / e 0 $ 2 / CO \ \ \ / 0 / / \ 0 0 \ 0 \ 3 LCS. 0 0 a 0 \ S \ \ \ \ \ \ § 0 0 0 « e 0 0 0 0 \ \ / SAMHSA Grant m ce Wages & Benefits y CO / 7 t 0 ro ro Contracted Services Total Indirect - Total Costs Estimated start date of 2/1/24 for nurse position and 12/1/23 for all others. BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: April 5, 2023 SUBJECT: Request approval to apply for OHA Mobile Health Unit grant RECOMMENDED MOTION: Move approval to apply for Oregon Health Authority Mobile Health Unit Pilot Program grant. BACKGROUND AND POLICY IMPLICATIONS: House Bill 4052 (2022) was passed in the 2022 Oregon legislative session. The bill was developed by the Oregon Health Equity Task Force, convened by the Oregon Public Health Association, to identify strategic actions to support House Resolution 6 (2021), which declared racism to be a public health crisis in the state. One of the main strategic actions identified in HB 4052 is to remove barriers to increase access and quality of health care for "priority populations." HB 4052 (2022) established the Mobile Health Unit Pilot Program to reduce barriers to health care access by bringing care directly into communities through mobile health units that leverage existing community assets, and provide culturally and linguistically specific services. By making health care more accessible than in traditional settings, mobile health units can improve health outcomes in the communities they serve. The Mobile Health Unit Pilot Program focuses on equity and community by emphasizing community engagement and serving priority populations (i.e., groups that disproportionately experience poor health or social outcomes attributable to racism). These mobile health units can help underserved communities overcome common barriers to accessing health care, such as time, geography, and trust. Deschutes County Health Services (DCHS) is requesting approval to apply for the Mobile Health Unit Pilot Program grant. This grant will enable the DCHS Crisis Team to purchase a van to assist with non -law enforcement community based crisis response. With a van, the crisis team will be able to further reduce reliance on law enforcement for transferring individuals in crisis, increase service to rural areas, and reduce response times. Meeting individuals in crisis where they are will increase DCHS ability to provide crisis services to underserved, marginalized and at risk population. Additionally, it will enable DCHS to provide increased community based services, potentially reducing harmful behavior, and increasing engagement in higher levels of care to prevent further episodes of crisis. DCHS plans to apply for $100,000 of funding to purchase and retrofit a van. Funds must be spent by June 30, 2023. BUDGET IMPACTS: $100,000 one-time funding ATTENDANCE: Adam Goggins, Manager, Behavioral Health Program Holly Harris, Deputy Director, Health Services BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: April 5, 2023 SUBJECT: Board Direction Regarding FY24 Fee Increases RECOMMENDED MOTION: Move approval of Option 1, Option 2, Option 3 or other option(s) as may be discussed. BACKGROUND AND POLICY IMPLICATIONS: The Community Development Department (CDD) is primarily a fee -supported department. CDD's permit and application volumes during FY23 have decreased in ranges of 19% to 47.7% when compared to FY22 resulting in lower than anticipated revenue collection. CDD's FY24 preliminary requested budget calculations indicate a need for fee increases in each division. CDD requests a discussion of the preliminary requested FY24 budget details and possible options to balance it while seeking Board guidance and direction on fee increases to be included in the FY24 Requested Budget. BUDGET IMPACTS: CDD offers three options to balance its FY24 Requested Budget. There are no impacts to the current budget. ATTENDANCE: Peter Gutowsky, Director Sherri Pinner, Sr. Mgmt. Analyst COMMUNITY DEVELOPMENT To: Board of County Commissioners Nick Lelack, County Administrator From: Peter Gutowsky, CDD Director Sherri Pinner, Senior Management Analyst Date: April 5, 2023 RE: CDD FY 2023-24 Fee Increase Discussion Fund 295 - Community Development Department The Community Development Department (CDD) is primarily a fee -supported department. CDD's permit volume summary and FY24 preliminary requested budget highlights are as follows: I. PERMIT VOLUME SUMMARY: The graph below represents permit volume comparisons for the current and past five (5) fiscal years for the time period July 1st through March 20th of each fiscal year. • All categories of permits issued and applications received experienced a decrease in volume ranging from 19 o to 47.7% when compared to F (22. 800 700 600 500 400 300 200 100 0 667 388 • 363 176 FY 18 388 329 168 Permit Volume Comparison July 1st - March 20th 403 377 245 FY 19 FY 20 SFD Permits Issued Site Eval Received 659 480 221 669 419 214 FY 21 FY 22 - SFD Apps Received - Land Use Apps Received 269 -44.2% 260 _37.9% 112 _47.7% FY 23 I1. FY24 PRELIMINARY REQUESTED BUDGET ASSUMPTIONS: Expenditure Summary: • CDD eliminated eight (8) FTE in January 2023 in an effort to align staffing with current permit and application volumes resulting in 64 FTE remaining. CDD will continue to analyze the appropriate number of FTE as retirements and resignations occur and/or if permit and application volumes continue to decrease. • Includes increases for COLA, PERS, HBT, step increases, and general inflationary increases for materials and services; • Includes budget for hearings officer services. Revenue Summary: • Permit volume is estimated to remain level with FY23 volumes which are comparable to FY15 through FY17 volumes; • Includes 10.9% increase - ICC building valuation effective 4/1/23; • Building valuation basis is anticipated to be less than FY23 due to anticipated reduced commercial projects; • Strategies to balance include a combination of requested fee increases, reserve fund transfers, and/or reduction of fund balance; • Includes General Fund for hearings officer services. Overall Summary: • Budgeted expenditures are an estimated $1.3M more than base budgeted revenues; • CDD presents three (3) options to balance; III. STRATEGIES TO BALANCE: Option #1 • Fee increases generate $806K (App fees 4% to 20%; Building Valuation .02% to .05%) • Reserve Fund Transfer $562K • Ending Fund Balance remains whole • Contingency = 13.8% Option #2 • Fee increases generate $682K (App fees 4% to 18%; Building Valuation .02% to .04%) • Reserve Fund Transfer $453K • Ending Fund Balance decreases $183K • Contingency = 11.6% Option #3 • Fee Increases generate $575K (App fees 4% to 16%; Building Valuation .02% to .03%) • Reserve Fund Transfer $523K • Ending Fund Balance decreases $219K • Contingency = 11.3% 2 IV. BOARD DIRECTION: • Prepare FY24 Budget using Option #1. 0 Application fees - 4% to 20% increase o Building valuation fees - .02% to .05% increase o Reserve Fund transfers O Contingency 13.8% • Prepare FY24 Budget using Option #2. o Application fees - 4% to 18% increase O Building valuation fees - .02% to .04% increase O Reserve Fund transfers o Decrease fund balance - Contingency 11.6% • Prepare FY24 Budget using Option #3. o Application fees - 4% to 16% increase O Building valuation fees - .02% to .03% increase o Reserve Fund transfers • Decrease fund balance - Contingency 11.3% 3 V) W N C. N IA- Q :oar• Meeting 0 E 0 w (0 CT NI ° (N )_ §>` V 0 - ) u O) c 0 \ri 0 u % E r # a ® t >- wl \ �CO • rN \ D / CO d ua- 0 n si nose U 0 00 " Li L ., ��. 0 v) -1 V) V .5 Cr:, P4-3 cv c:s u v (1)/�1 C-1:e L.LJ >< 3 L 1 +Raw bA 'a wcr 0 .4j a of W L. u 0 0 0 0Tam C-) LL 0 0 CO (i1 1i:,: (1) L. 4D CO:: C2 C oO coo I I I CY) CD (`e1 K D D II r m on ,.:0 ,0 „0 6NA c L 727 : a (1) Lw., Lt. II. WO Diu 0 01:5 Ca 0 0 ;5 0Tow "Co �.d 0) CO (1) Cl ro u Brenda Fritsvold From: Erik Kropp Sent: Wednesday, April 5, 2023 9:21 AM To: Brenda Fritsvold; Kim Riley; David Doyle Subject: FW: Energy Efficiency and Conservation Block Grant Program Background Fyi. From: Lee Randall <Lee.Randall@deschutes.org> Sent: Tuesday, April 4, 2023 4:58 PM To: Nick Lelack <Nick.Lelack@deschutes.org> Cc: Erik Kropp <Erik.Kropp@deschutes.org>; Whitney Hale <Whitney.Hale@deschutes.org>; Jen Patterson <Jen.Patterson@deschutes.org> Subject: Energy Efficiency and Conservation Block Grant Program Background Bcc BOCC Good Afternoon, Tomorrow, Jen Patterson and I will be addressing the Board under "Other Items" to give a quick update on the Energy Efficiency and Conservation Block Grant (EECBG) funds. The EECBG Program was funded by the Bipartisan Infrastructure Law and is designed to assist states, local governments, and Tribes in implementing strategies to reduce energy use, to reduce fossil fuel emissions, and to improve energy efficiency. The EECBG funding is a distribution of formula funds (non-competitive) that can be used pretty broadly for any kind of clean energy work, from strategy development to deployment of renewables to creating new energy efficiency programs for residents. Deschutes County is eligible for $78,310. To apply for these funds a Pre -Award Information Sheet needs to be submitted by April 28, 2023. This information sheet requires basic financial information to confirm the County is eligible to receive federal funds. Following the submittal of the Pre -Award Sheet the County has until January 31, 2024 to submit a grant or voucher application for specific projects. We will work on putting together some eligible projects for the Board's consideration if the Board would like to move forward with applying for the eligible funds. Thanks, --Lee Lee Randall I Director DESCHUTES couNTY FACILITIES -41 14 NW Kearney Avenue I Bend, Oregon 97703 P.O. Box 6005 I Bend, Oregon 97708-6005 Direct: (541) 617-4711 I Office: (541) 330-4686 Enhancing the lives of citizens by delivering quality services in a cost-effective manner. 1