The URL can be used to link to this page

2023-229-Minutes for Meeting June 07,2023 Recorded 7/24/20231 E S COG2� BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County CJ2023-229 Steve Dennison, County Clerk Commissioners' Journal 07/24/2023 4:14:07 PM �>:<< F.S ��/ II' I I I�III'II l� l I II I II Il I l (I'll 2023-229 FOR RECORDING STAMP ONLY BOCC MEETING MINUTES 9:00 AM WEDNESDAY June 7, 2023 Barnes Sawyer Rooms Live Streamed Video Present were Commissioners Tony DeBone, Patti Adair and Phil Chang. Also present were Nick Lelack, County Administrator; David Doyle, 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: Chair DeBone called the meeting to order at 9:00 a.m. PLEDGE OF ALLEGIANCE CITIZEN INPUT: • James Cook referred to financial investments which have been and are being made to address homelessness and questioned what the results are, if the investments are working, where more investment is needed and where innovations are required. CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda. Consideration of Board Signature on letter reappointing Craig Renkert for service on the Deschutes County Investment Advisory Committee 2. Consideration of Board Signature on Letters Reappointing Jodi Burch, Summer Sears and Charles Fadeley for service on the Deschutes County Audit Committee BOCC MEETING JUNE 7, 2023 PAGE 1 OF 8 3 G! 5 Consideration of Board Signature on Letter of Thanks to Scott Reich for service on the Deschutes County Audit Committee Consideration of Board Signature on Letters of Reappointment for David Green, Wendy Holzman, Mason Lucy and Rachel Zakem, to the Deschutes County Bicycle and Pedestrian Advisory Committee Approval of minutes of the May 22, 23 and 24, 2023 Budget Committee meetings ADAIR: Move Board approval of the Consent Agenda as presented CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried ACTION ITEMS: 7. Staff recognition: Kathy Christensen 25 years of service Dr. Rita Bacho presented a 25-year service award to Kathy Christensen, a public health supervisor and nurse, describing her as a highly dedicated employee who has tremendous compassion for clients. Informational update from the Arnold Irrigation District on its infrastructure modernization project Bob Schuur, chair of the Arnold Irrigation District (AID) board, introduced himself as a farmer and rancher. Stating his agreement that water security is a significant economic issue for many in Deschutes County, he said had AID completed its main canal piping project before the drought, the district would have had enough water to supply agricultural customers for nearly a full season despite the extraordinarily dry conditions. Schuur shared that the AID Board spent many hours considering this project and voted unanimously to proceed. Steve Johnson, AID District Manager, explained the process undertaken to improve the district's infrastructure, saying that of the nine alternatives initially considered, three were forwarded for further evaluation. He said while the possibility of lining the canal was investigated, it was determined that lining would cost much more than piping, and also cost more each year to operate and maintain. BOCC MEETING JUNE 7, 2023 PAGE 2 OF 8 Kate Fitzpatrick, executive director of the Deschutes River Conservancy, listed benefits of the piping project, including that it will increase flows in the Upper Deschutes by 30%. She said this project has the full support of the conservation community. Rob Rastovich, AID board member, said the purpose of irrigation districts is to supply water to farmland, and those who oppose the piping project merely want to preserve the water feature that costs them nothing yet serves to enhance their property values. Rastovich said the County has no jurisdiction over this matter and should not pander to those who advocate only for their own self- interest. Commissioner Chang expressed appreciation for the presentation and said because this project will have real negative impacts on some residents, it is important to understand why it is needed and the benefits that will result. Commissioner DeBone acknowledged that construction will occur next to or in people's backyards, and some sheds, patios and other private amenities will be affected. Johnson responded that post -construction, the canal will have a smaller footprint than it currently does. Commissioner Adair relayed that some residents are concerned about the loss of seepage from the canal and how this might affect private wells. Responding to comments about Jefferson County's water needs, Johnson explained how this piping project, along with others, will benefit the North Unit Irrigation District. 8. Service Partner Annual Update - Upper Deschutes Watershed Council Stephanie Robinson, Administrative Analyst, introduced Kris Knight, Executive Director of the Upper Deschutes Watershed Council, who presented an annual update of the Council's projects and activities to the Board. The Commissioners expressed their appreciation of the work done by the organization. 9. Extension of a limited duration position for a project manager to work with houseless individuals Erik Kropp, Deputy County Administrator, described the request to extend a 1.0 limited duration Health Services full-time employee through June 30, 2024 to work with unhoused persons. Kropp explained that the person in this position BOCC MEETING JUNE 7, 2023 PAGE 3 OF 8 would help with the Juniper Ridge remediation plan, if that is approved by the Board when it comes before them in two weeks, and also assist with responses to emergencies that impact unhoused persons. Janice Garceau, Health Services Director, said the person in this position would help coordinate support for unhoused people who are impacted by camp closures, heat events, wildfires, smoke from wildfires or controlled burns, cold weather, and COVID-19 or other outbreaks. In response to Commissioner Chang, Garceau said this position would coordinate with internal teams as well as outside service providers, as appropriate. ADAIR: Move approval of Resolution No. 2023-007 to extend position number 2836 to June 30, 2024 CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried A break was announced at 10:19 am; the meeting reconvened at 10:25 am. 10. Camping on Publicly -Owned Property (DCSO Proposed Code Revisions) Sheriff L. Shane Nelson presented a proposed ordinance to amend Deschutes County Code regarding camping on public property to allow for enforcement of no - camping zones as well as enforcement of a two -week camping period in any one location. Sheriff Nelson referred to tragic living situations and said the County has a tremendous amount of resources to help those who need assistance; at the same time, people must be accountable for their actions. He said the ordinance is necessary because it will allow the County to enforce laws and rules while also offering resources. In response to Commissioner Chang, Sheriff Nelson said camping is already forbidden on County -owned land; the ordinance will prohibit camping on publicly - owned property within one mile of the UGB or a private property line. Furthermore, the ordinance would restrict any camping which is allowed on public land outside of an official campground from continuing more than two weeks. When a camp is moved, it must be relocated at least 2.5 miles away. Commissioner Adair expressed concern about evacuating people out of the China Hat area in the event of fire. She appreciated the proposal to require that vehicles parked as part of any encampment activity must be operational, i.e., capable of BOCC MEETING JUNE 7, 2023 PAGE 4 OF 8 being started and driven under their own power, or ready to be towed if designed to be towed. Captain William Bailey relayed incidents involving homeless persons which have resulted in calls for service, including assault, setting of fires and propane tank explosions. Sheriff Nelson agreed that some of these situations pose real danger for those in the immediate vicinity as well as others who live nearby. He emphasized his duty and obligation address threats to life and safety. Commissioner Chang asked what kind of legal challenges the ordinance might face. Sheriff Nelson referred to potential challenges related to the Martin vs. Boise decision handed down by the 9t" Circuit Court. He said the DCSO cannot be risk - averse in what it does. Commissioner Chang wondered about the potential costs of litigation and said it is important to understand what kind of legal challenge the County might face if it adopted this ordinance. Adding that everyone is acutely aware that something needs to be done, he said what is needed is a comprehensive solution to homelessness; when persons who are simply cleared out of one place end up camping unauthorized somewhere else, such actions do nothing to reduce the homeless population. He supported clarifying where people can camp and at the same time offering resources which provide alternatives to camping. Saying that the homeless population is growing even though people are being moved out of homelessness every day, he said the cost of not approaching this in a comprehensive way will be continuing to have to deploy law enforcement and other resources to unwanted situations. Sheriff Nelson stated that the County must be able to tell people where they cannot camp. He said the County is trying to mitigate the effects of homelessness, and needs that population to meet it halfway. He concluded that persons who do not want to conform should move to wherever they would be free to not do that. Commissioner Chang said many persons who work are nevertheless unable to afford rent. He said for a large number of homeless persons, a punitive law enforcement response would not assist them in moving out of homelessness. Sheriff Nelson clarified that he is not saying that persons cannot sleep in their vehicles; rather, the County should restrict this from happening in certain areas and allow it in others. Commissioner Chang said much more data is required to determine exactly what resources are needed and how these can be marshalled and provided. BOCC MEETING JUNE 7, 2023 PAGE 5 OF 8 Commissioner DeBone said 79% of land in Deschutes County is publicly -owned, and while it used to be safe for people to access, it no longer is. Commissioner Adair shared that she recent visited Vancouver BC, and although that city has a very high cost -of -living, she saw no evidence of a homeless population. She added that California has spent $17 billion the last four years on homelessness without resolving it. Commissioner Chang was not supportive of moving forward with the proposed ordinance at this time, saying that while a camping ordinance is needed, it should be developed as part of a comprehensive approach to homelessness. He was concerned about legal liability and challenges and the potential costs of these. Commissioner DeBone said these regulations are conceptual at this point and subject to change. ADAI R: Move that this proposed ordinance, possibly with revisions, be brought back for a public hearing before the Board DEBONE: Second VOTE: ADAI R: Yes CHANG: No DEBONE: Chair votes yes. Motion Carried 2 - 1 11. First reading of Ordinance No. 2023-010 for a Plan Amendment and Zone Change for approximately 93 acres east of Bend and north of Highway 20 Nathaniel Miller, Associate Planner, presented a brief description of the request for a Comprehensive Plan amendment and Zone designation change for approximately 93 acres east of Bend and north of Highway 20. CHANG: Move approval of first reading of Ordinance No. 2023-010, changing the Comprehensive Plan Map Designation for certain property from Agriculture to Rural Residential Exception Area, and amending Deschutes County Code Title 18, the Deschutes County Zoning Map, to change the Zone designation for certain property From Exclusive Farm Use to Multiple Use Agricultural ADAIR: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried BOCC MEETING JUNE 7, 2023 PAGE 6OF8 Chair DeBone read the ordinance by title only. Commissioner Chang shared that the County is working with the City of Bend and the State to move this property into Bend's UGB, which he supported as it would be a tragedy to build nine units on this property instead of hundreds. OTHER ITEMS: Peter Gutowsky, Community Development Director, recounted the recent interviews held for an open at -large position on the Planning Commission and asked if the Board was ready to make a selection. Commissioner Chang expressed his support for appointing Mark Kelly, saying that while the other candidates might do a good job, Kelly appears to be more familiar with the work at hand and thus would be better able to hit the ground running. ADAIR: Move to appoint Patrick Towbridge to the open at -large position on the Planning Commission DEBONE: Second VOTE: ADAIR: Yes CHANG: No DEBONE: Chair votes yes. Motion Carried 2 - 1 County Administrator Nick Lelack presented a draft letter to Governor Kotek requesting assistance to provide rural transitional housing and similar accommodations on public and private lands. Commissioner DeBone questioned the qualifier referencing "privately owned" EFU lands. The Board concurred to remove this qualifier to be clear that these uses are also sought to be allowed on public lands zoned EFU. CHANG: Move approval of Board signature of the letter to Governor Kotek, as revised, requesting assistance to provide rural transitional housing and similar accommodations on public and private lands ADAIR: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried BOCC MEETING JUNE 7, 2023 PAGE 7 OF 8 Commissioner Chang said in response to Representative Levy's suggestion that this letter be shared with community leaders and others in the hope of securing more signatories, he will circulate it for this purpose. • Commissioner Adair said as she will be attending the COHC's retreat tomorrow, she cannot attend the Sunriver Chamber meeting. • Commissioner Chang announced the Board of Forestry meeting in Sisters later today. Commissioner DeBone reported on the Central Oregon Workforce consortium meeting this past Monday for East Cascade Works. EXECUTIVE SESSION: At 11:27 am, the Board entered executive session under ORS 192.660 (2) (d) Labor Negotiations and ORS 192.660 (2) (e) Real Property Negotiations. The Board moved out of executive session at 11:56 a.m. to direct staff to proceed as directed. The executive session was then recessed until 1:00 p.m. At 1:00 p.m. the Board re-entered executive session to discuss labor negotiations. The Board moved out of executive session at 1:47 p.m. to direct staff to proceed as directed. ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 1:47 pm. DATED this �"� day of _ 2023 for the Deschutes County Board of Commissioners. ANTHONY DEBONE, CHAIR PATTI ADAIR, VICE CHAIR ATTEST: PHIL CHANG, COMMISfIONER RECORDING SECRETARY BOCC MEETING JUNE 7, 2023 PAGE 8 OF 8 JT�s � o U `2a BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject; 9 p� Date: i Name Address Phone #s L i (i E-mail address, In Favor ❑ Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes No If so, please give a copy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS MEETING DATE: June 7, 2023 SUBJECT: Informational update from the Arnold Irrigation District on its Infrastructure Modernization Project RECOMMENDED MOTION: N/A BACKGROUND AND POLICY IMPLICATIONS: The Arnold Irrigation District (AID) Infrastructure Modernization Project will install 13.2 miles of buried pipe along the main canal owed by the District. AID will present an update on this project on behalf of the District and other Deschutes Basin irrigation district members of the Deschutes Basin Board of Control. BUDGET IMPACTS: None ATTENDANCE: Steve Johnson, AID District Manager Craig Horrell, COID Executive Director �a @J F� 9M �a r N Cc 'v-e3 Cd r� z sh ,.. , M m w� ro .o• 30^� ci r m o cdo3$^. A> 0..3.. d > f._� 1 fD m cam, ei w 0.'. / i� �. O ti �p d Qj M k N gab �a y m m .z 9 m X R d Sig, p` 2 m O 0 (D n (D CD 0 CD =t 0 0 0 U C N 0 (a m =37 cn (D c: 0 C :3 CD I C to r-F' -0 0 CD3 ;:T C: to CD (D 0 r-i- (PI 40 = G) (D CD 0 CD S* ro 3 3 O < T- (D 00 S(OO C O 1� c °% "u) Jo- 0 0 U) U, J. 0 U) U 0 " " 0 ca C4 a0 q "t ca c 0 « U& p� � p p CL }. 7 \: z —j Z -04- cu \/ > = R (D-0 P: q > cn cn CL 0 0 c >slow, a L- (3) :A L- 4• -0 75 > 0 = CMD .p co 4- cn E E: co C co Lo 0 > LL 0 o 0 0) c 0 E > ■0■ C) 0 co = C: -L- Was 0 F CD CL U:a -a : .E .- 70 A eNT Op Ty�i yw k 20 United States Department of the Interior 7 � FISH AND WILDLIFE SERVICE ARCH 3"% Bend Field Office 63095 Deschutes Market Road Bend, Oregon 97701 Phone: (541) 383-7146 FAX: (541) 383-7638 File Name: Support for Arnold Irrigation District Infrastructure Resiliency and Modernization Project TS Number: 22-299 Doc Type: Letter Steven Johnson, District Manager Arnold Irrigation District 19604 Buck Canyon Road Bend, Oregon 97702 U.S. FISII & WILDLIFE SERVICE RE: Support for Arnold Irrigation District Infrastructure Resiliency and Modernization Project Dear Mr. Johnson: The U.S. Fish and Wildlife Service (Service) Bend Field Office is writing to you in support of the Arnold Irrigation District Infrastructure Resiliency and Modernization Project (Project). The Service supports the Project because the conservation benefits include permanent protection of flows in the Deschutes River. This protection of instream water provides enhanced ability to increase flows from storage in Wickiup Reservoir into the Deschutes River, which can benefit the Oregon spotted frog, a species Federally -listed as threatened under the Endangered Species Act. Upon completion of the Project, nearly 12 miles of open irrigation canal will be piped. Piping the main canal will conserve an estimated 32.6 cfs of flow (11,083 acre-feet of reservoir storage) by eliminating seepage and evaporation, increasing flows in the Upper Deschutes River flows below Wickiup Reservoir by an equivalent amount (32.6 cfs). The Service supports projects when they provide permanent instream water. It is our understanding that the State of Oregon will receive the water rights to the conserved water associated with public finding, which will be applied to permanent instream use. For the reasons stated above, the Service supports the Arnold Irrigation District Infrastructure Resiliency and Modernization Project. We appreciate your efforts to conserve water and to provide instream benefits to fish and wildlife in the Deschutes River. If you have any questions or I can be of any assistance, please contact me at 541-383-7146. Sincerely, Digitally signed by BRIDGET MORAN Date: 2022.03.30 17:09:14-07'00' Bridget Moran Field Supervisor BasinDeschutes rat PBoard of February 16, 2023 Steven Johnson Arnold Irrigation District 19604 Buck Canyon Road Bend, OR 97702 RE: Support for Arnold Irrigation District Infrastructure Resiliency and Modernization Project Dear Steven, The Deschutes Basin Board of Control is writing in support of Arnold Irrigation District's efforts to enclose their network of open porous canals into leak -free piping through the Arnold Irrigation District Infrastructure Resiliency and Modernization Project in coordination with the Natural Resources Conservation Service (USDA). We believe this project will provide the much -needed improvements to water quality and quantity in the Deschutes Basin through the resulting water conservation of 32.6 cfs, water supply reliability for agriculture, and public safety improvements by enclosing nearly twelve miles (11.9 miles, 62,868 length - feet) of canal. The project will have an immediate benefit to improving streamflow, water quality, habitat, and habitat availability in the Deschutes River downstream from Wickiup Reservoir by returning 100 percent of the water saved instream; supporting water supply availability and resiliency; and minimizing the potential for public health and safety risks including flooding, injury, and loss of life associated with the open canals. This project aligns with our interests in restoring stream flow and improving water quality in the basin. This will support native and threatened species including the Oregon spotted frog, steelht ari red hand trout, and other listed species. This effort is a part of a basin -wide water management planning effort for long-term resiliency and management of the Deschutes Basin providing reliability to agriculture while also restoring instream water and habitat. ncerely, Craig Horrell, President DBBC PO Box 919 - Madras, OR 97741 DBBC Member Districts Arnold Irrigation District ^ Central0regon Irrigation District • Lone Pare Gr,gation District North Unit Irrigation District Ochoco Irrigation District •&,alley lrrigation District ^ Three Sisters Irrigation District , Tumalo Irrigation District DBBC President — Craig Horrell 541-548-6047 choirell@coil org DESCHUTES RIVER CONSERVANCY February 13, 2023 Steven Johnson Arnold Irrigation District 19604 Buck Canyon Road Bend, OR 97702 RE: Support for Arnold Irrigation District Infrastructure Resiliency and Modernization Project Dear Mr. Johnson, The Deschutes River Conservancy (DRC) is writing in support of Arnold Irrigation District's efforts to enclose their network of open porous canals into leak -free piping through the Arnold Irrigation District Infrastructure Resiliency and Modernization Project in coordination with the Natural Resources Conservation Service (USDA). We believe this project will provide much -needed improvements to water quality and quantity in the Deschutes Basin through water conservation savings of 32.6 cfs, water supply reliability for agriculture, and public safety improvements by enclosing nearly twelve miles (11.9 miles, 62,868 length -feet) of canal. The project will have an immediate benefit to improving streamflow, water quality, habitat, and habitat availability in the Deschutes River downstream from Wickiup Reservoir by returning 100 percent of the water saved instream; supporting water supply availability and resiliency; and minimizing the potential for public health and safety risks including flooding, injury, and loss of life associated with the open canals. This work directly supports the DRC's mission to restore streamflow and habitat in the Deschutes River. Protected instream flow will benefit native and threatened species including the Oregon spotted frog and red band trout. This effort is a part of a basin -wide water management planning effort for long-term resiliency and management of the Deschutes Basin providing reliability to agriculture while restoring instream water and habitat. Sincerely, Executive Di67 rector June 23, 2021 Farmers Conservation Alliance Attn: Watershed Plan -EA 102 Mate Street Hood River, OR 97031 Sent via e-mail: arnold.id.coMments(Zgmall.com RE: letter of Support -Arnold Irrigation District infrastructure Modernization Project To Whom It May Concern: I would like to extend a letter of support for the Arnold Irrigation District Modernization Project to install 13.2 miles of buried pipe in the District -owned Main Canal. This critical Infrastructure project will improve the water supply management and delivery reliability to District -owned canals and laterals. For Central Oregon farmers, extremely dry conditions means that there will be a higher demand for water. This crucial project will reduce seepage loss ,and provide better -managed water diversions for agricultural use. Additionally, this project will enhance streamflow in the Deschutes River and improve public safety. In August 2020, a severe shortage forced the Arnold Irrigation District to shut off their water supply. As we continue to experience an extreme drought here in Deschutes County, it is critical to prioritize projects that will improve water conservation and it rigation efficiency. Thank you for the opportunity to provide comment on the Arnold Irrigation District Modernization Project, Regards, Anthony DeBone, Chair Phil Chang, Commissioner Patti Adair, Commissioner 284.3 NW Lolo Drive, Ste. 2001 Send, OP. 97703 Phone (341) 647-2930 www.colw.org May 23, 2023 Steve Johnson, District Manager Arnold Irrigation District 19604 Buck Canyon Rd Bend, OR 97702 Re: Arnold Irrigation District Infrastructure Modernization Project Mr. Johnson, Central Oregon LandWatch is writing this letter to affirm our position on the Arnold Irrigation District Infrastructure Modernization Project ("AID Project"). LandWatch supports the AID Project as long as 98% of the water savings associated with the piping project are permanently protected instream. LandWatch supports piping canals and private laterals as part of a suite of management actions to reduce waste and restore stream flows. While we support piping projects that improve instream flows, LandWatch would like to see a similar investment by water managers in voluntary, market -based solutions that can more quickly and equitably distribute water and restore stream flows in the Deschutes Basin. On July 23, 2021, LandWatch submitted comments on the draft environmental assessment (EA) for the AID Project. We often submit comments during project development, adding our voice and perspective as an advocacy organization interested in improving instream river flows in the Deschutes Basin. In our comments on the draft EA, we outlined our hope to see a stronger emphasis on ensuring water conserved by the piping project was permanently protected instream. On August 4, 2022, the final EA was released. While some of the details about how water will be permanently protected instream are still unclear, the final EA purports to protect instream 98% of the total water savings associated with the project. As stated above, LandWatch supports the AID Project as long as 98% of the water savings associated with the piping project are permanently protected instream. Sincerely, Jeremy Austin Wild Lands & Water Program Manager Central Oregon LandWatch 2843 NW Lolo Dr St. 200 Bend, OR 97703 1�j E S Co& o BOAR® OF COMMISSIONERS MEETING DATE: June 7, 2023 SUBIECT: Service Partner Annual Update - Upper Deschutes Watershed Council RECOMMENDED MOTION: N/A BACKGROUND AND POLICY IMPLICATIONS: In FY23, the Board initiated a $20,000 video lottery fund grant to Upper Deschutes Watershed Council (UDWC), one of the County's service partner organizations. UDWC will present an annual update on their projects and priorities to the Board, recapping the last fiscal year as well as looking ahead to FY24. BUDGET IMPACTS: Service partner grants are made available through the Video Lottery Fund, which is supported by state lottery proceeds. This grant was budgeted for FY 2022-23. ATTENDANCE: Stephanie Robinson, Administrative Analyst Kris Knight, Executive Director, Upper Deschutes Watershed Council v1 E SfcoG2,� o � MEETING DATE: June 7, 2023 SUBJECT: Camping on Publicly -Owned Property (DCSO Proposed Code Revisions) RECOMMENDED MOTION: No action at this time - discussion only. BACKGROUND AND POLICY IMPLICATIONS: The Deschutes County Sheriffs Office submits potential language for the Board's consideration and discussion that would add a new section to Deschutes County Code with respect to camping on public property. BUDGET IMPACTS: Not yet known. ATTENDANCE: L. Shane Nelson, Deschutes County Sheriff 11.04.06X Camping on Publicly Owned Property It is prohibited at all times for any person to use County property to camp or for camping or for the purpose of occupancy, habitation, or sheltering for survival in vehicles, automobiles, or recreational vehicles; provided, that the Board of County Commissioners (BOCC) may, in their discretion, designate certain County properties or portions of properties as areas where camping or using vehicles for sheltering and/or sleeping may be allowed on a limited basis, and may set the terms and conditions of any camping or vehicle use that may be allowed. Any use of County property will follow the applicable processes. A. Definitions The terms "camp", "campsite or "encampment" shall mean a location on County or federally owned properties within Deschutes County, where one or more tents, awnings, lean-tos, sleeping or bedding materials, cooking implements or materials, or other items or structures have been erected, constructed, or placed including vehicles and recreational vehicles, and appear to be used for human habitation, including but not limited to sleeping, preparing cooking or warming fires, storing personal belongings, and urinating or defecating. "Unsafe Campsite" means a segment or portion of a County or federally owned property within Deschutes County that the Property Manager, County Administrator or public safety officials determine is being used as an established campsite consisting of one (1) or more tents, structures, vehicles, or other items used for human habitation, that has been determined to pose a threat to public health and/or safety to the general public. B. Exception: Prohibitions against camping on County or publicly owned properties within Deschutes County will be suspended during periods of extreme weather or other emergency situations as directed by County Staff. People who are camping or do not have any other permanent residence or domicile are prohibited from camping on County property and other public properties except as noted below, and are required to comply with these time, place and manner regulations (and as allowed by Martin v. Boise). B. Time. Unless otherwise specified, any camping or camp, may only occur for 24 hours at a time in any one location. After a camp has been in one place for 24 hours or more, the County may post notice at the location that the camp, and all associated camp materials, must be removed no more than 72 hours later and all personal property remaining may be removed. (Exception: Camping on Federal property as noted in paragraph D.1. specifies a different timeframe allowance). After 24 hours in one location, the camp and all associated camp materials must be moved at least one block or 600 feet. 3. Enforcement of time restrictions may be suspended when an individual does not have access to shelter and when an individual is engaged in case management or behavioral health services, or when necessary or appropriate to respond to an individual's disability. C. Place. Camping is not allowed at any time in any of the following places: 1. In or one mile from the boundary of property adjacent to a" area zoned Residential, Rural Residential, Urban Unincorporated Community, Rural Service Center, Resort Community, Rural Community, Rural Commercial on the Deschutes County Combining Zones Map in effect at the time. 2. Camping on Federal or other public properties open to the public within the county, within one mile of an Urban Growth Boundary on the Deschutes County Zoning Map in effect at the time. wildland WFban inteFfaee aFea boundary, unless at a posted, designated and developed campground. ("` ildland-Urban Interfaee" FefeFs to a1 FeFest SeFv;ee, BUFeau of Land Management 9F other public wildland within Deschutes County. 16 U.S.C. 551A provides that States or political subdivisions thereof, such as Deschutes County, shall retain their rights to exercise civil and criminal jurisdiction within or on lands which are a part of the national forest system. 43 CFR 8365.1-7 provides the same protections regarding Bureau of Land Management lands). 3. Any place where camping, a camp, or camp materials create a physical impediment to emergency or nonemergency ingress, egress or access to property, whether private or public, or on public sidewalks or other public rights -of -way, including but not limited to driveways providing access to vehicles, and entrances or exits from buildings and/or other real property. 4. Camping on county owned or other public property within 1000 feet of a school or park. 5. Vehicles used for camping purposes must be legally parked, and cannot be adjacent to residences or businesses. D. Manner. Camping, when and where allowed, is subject to all of the following: 1. Camping on Federal property outside of the one -mile Urban Growth Boundary no -camping buffer within the County is subject to a 14-day stay limitation. Campers must move no less than 2.5 miles from their original campsite at the conclusion of this 14-day limit. 2. Open Fires are prohibited on public properties within 1 mile of the Urban Growth Boundary wildland UFba-R inteFfaee ben , including campfires, charcoal fires, cooking fires and warming fires, except at campfire rings established by a government agency such as the Forest Service or the Bureau of Land Management at posted, developed and designated campgrounds. 3. Local, State, and Federal fire regulations shall be followed. 4. Individuals may not accumulate, discard, or leave behind garbage, debris, unsanitary or hazardous materials, or other items of no apparent utility in public rights -of -way, on County property, or on any adjacent public or private property. 5. Dumping of gray water (i.e., wastewater from baths, sinks, and the like) or black water (i.e., sewage) into any facilities or places not intended for gray water or black water disposal is prohibited. This includes but is not limited to storm drains or onto open ground, which are not intended for disposal of gray water or black water. 6. Individuals may not build or erect structures, whether by using plywood, wood materials, pallets, or other materials. Items such as tents and similar items used for shelter that are readily portable are not structures for purposes of this section. 7. Storage of personal property such as vehicle tires, bicycles or associated components (except as needed for an individual's personal use), gasoline, generators, lumber, household furniture, extra propane tanks, combustible material, lumber, or other items or materials is prohibited, other than what is related to camping, sleeping or keeping warm and dry. 8. Vehicles used for camping purposes must be operational, i.e., capable of being started and driven under their own power, or ready to be towed if designed to be towed and may not be discarded or left inoperable in public rights -of -way or on county or other public property. 9. Digging, excavation, terracing of soil, alteration of ground or infrastructure, or damage to vegetation or trees is prohibited. 10. All domestic animals must be leashed or crated at all times. 3. A citation for a violation of this chapter will be a TBD civil infraction. Citations will be issued only when other means of achieving compliance have been unsuccessful or are not practicable for the particular situation. 4. Campsites in violation of this ordinance will be addresses in accordance with the Deschutes County Removal of Unsafe Encampments on County -Owned Property Policy No. GA-23. MEETING DATE: June 7, 2023 SUBJECT: First reading of Ordinance No. 2023-010 for a Plan Amendment and Zone Change for approximately 93 acres east of Bend and north of Highway 20 RECOMMENDED MOTION: Move approval of first reading of Ordinance No. 2023-010 by title only. BACKGROUND AND POLICY IMPLICATIONS: The Board of County Commissioners will consider a first reading of Ordinance No. 2023- 010 relating to a request for a Plan Amendment and Zone Change (file nos. 247-22-000313- ZC, 314-PA) for property totaling approximately 93 acres to the east of the City of Bend and north of Highway 20. The electronic record can be accessed on the project webpage at this link. BUDGET IMPACTS: None ATTENDANCE: Nathaniel Miller, Associate Planner MEMORANDUM TO: Deschutes County Board of Commissioners (Board) FROM: Nathaniel Miller, Associate Planner DATE: June 7, 2023 SUBJECT: Consideration of First Reading of Ordinance 2023-010 - A Plan Amendment and Zone Change (file nos. 247-22-000313-ZC, 314-PA). The Board of County Commissioners (Board) will consider a first reading of Ordinance 2023-010 on June 7, 2023 to consider a request for a Plan Amendment and Zone Change (file nos. 247-22-000313- ZC, 314-PA) for two tax lots totaling approximately 93 acres, to the east of the City of Bend and north of Highway 20. The applicant and property owner, Te Arno Despacio LLC and CTH Investments LLC, is requesting a Comprehensive Plan Amendment to re -designate the subject property from Agriculture to Rural Residential Exception Area and a Zoning Map Amendment to rezone the property from Exclusive Farm Use (EFU) to Multiple Use Agricultural (MUA-10). The applicant argues that the subject property does not meet the definition of "agricultural land" due to its poor soil quality. For this reason, it is the applicant's position that a mistake was made when the property was originally zoned and MUA-10 zoning is more appropriate. The applicant provided a supplementary soil study that identifies non - high value (Class VII and VIII) soils on a majority (73%) of the subject properties. A public hearing before a Hearings Officer was conducted on November 15, 2022 with the Hearings Officer's recommendation of approval issued on December 15, 2022. The Board held a public hearing on April 5, 2023 and initiated a 14-day open record period, which concluded April 14, 2023. On May 10, the Board deliberated to approve the requests, with a unanimous vote in favor of the subject applications. II. NEXT STEPS / SECOND READING The Board is tentatively scheduled to conduct the second reading of Ordinance 2023-010 on June 21, 2023, fourteen (14) days following the first reading. ATTACHMENTS: 1. Draft Ordinance 2023-010 and Exhibits Exhibit A: Legal Descriptions Exhibit B: Proposed Plan Amendment Map Exhibit C: Proposed Zone Change Map Exhibit D: Comprehensive Plan Section 23.01.010, Introduction Exhibit E: Comprehensive Plan Section 5.12, Legislative History Exhibit F: Hearings Officer Recommendation Page 2 of 2 REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 23, the Deschutes County Comprehensive Plan, to Change the Comprehensive Plan Map Designation for Certain Property From Agriculture to Rural Residential Exception Area, and Amending Deschutes County Code Title 18, the Deschutes County Zoning Map, to Change the Zone Designation for Certain Property From Exclusive Farm Use to Multiple Use Agricultural. * * ORDINANCE NO. 2023-010 * * * * WHEREAS, Te Amo Despacio LLC and CTH Investments LLC„ applied for changes to both the Deschutes County Comprehensive Plan Map (247-22-000314-PA) and the Deschutes County Zoning Map (247-22-000313-ZC), to change the comprehensive plan designation of the subject property from Agricultural (AG) to Rural Residential Exception Area (RREA), and a corresponding zone change from Exclusive Farm Use (EFU) to Multiple Use Agricultural (MUA-10); and WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on November 15, 2022, before the Deschutes County Hearings Officer and, on December 15, 2023, the Hearings Officer recommended approval of the Comprehensive Plan Map Amendment and Zone Change; WHEREAS, pursuant to DCC 22.28.030(C), on April 5, 2023, the Board heard de novo the applications to change the comprehensive plan designation of the subject property from Agricultural (AG) to Rural Residential Exception Area (RREA) and a corresponding zone change from Exclusive Farm Use (EFU) to Multiple Use Agricultural (MUA-10); now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: PAGE 1 OF 3 - ORDINANCE NO.2023-010 Section 1. AMENDMENT. DCC Title 23, Deschutes County Comprehensive Plan Map, is amended to change the plan designation for certain property described in Exhibit "A" and depicted on the map set forth as Exhibit "B" from AG to RREA, with both exhibits attached and incorporated by reference herein. Section 2. AMENDMENT. DCC Title 18, Zoning Map, is amended to change the zone designation from EFU to MUA-10 for certain property described in Exhibit "A" and depicted on the map set forth as Exhibit "C", with both exhibits attached and incorporated by reference herein. Section 3. AMENDMENT. DCC Section 23.01.010, Introduction, is amended to read as described in Exhibit "D" attached and incorporated by reference herein, with new language underlined. Section 4. AMENDMENT. Deschutes County Comprehensive Plan Section 5.12, Legislative History, is amended to read as described in Exhibit "E" attached and incorporated by reference herein, with new language underlined. Section 5. FINDINGS. The Board adopts as its findings in support of this Ordinance the Recommendation of the Hearings Officer as set forth in Exhibit "F" and incorporated by reference herein. Section 6. EFFECTIVE DATE. This Ordinance takes effect on the 901" day after the date of adoption or, if appealed, the date the ordinance is no longer subject to appeal. Dated this of , 2023 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, Chair PATTI ADAIR, Vice Chair ATTEST: Recording Secretary PHIL CHANG, Commissioner Date of 15t Reading: day of 2023. Date of 2nd Reading: day of 2023. PAGE 2 OF 3 - ORDINANCE NO. 2023-010 Record of Adoption Vote: Commissioner Yes No Abstained Excused Anthony DeBone Patti Adair Phil Chang Effective date: day of 2023. Or, if appealed, the date the ordinance is no longer subject to appeal. ATTEST Recording Secretary PAGE 3 OF 3 - ORDINANCE NO. 2023-010 Exhibit "A" to Ordinance 2023-010 Legal Descriptions of Affected Properties For Informational Purposes Only: Map and Tax Lot nos. 1712350001200 and 1712350001201. (Legal Description Begins Below) Parcel 1: The Northeast Quarter of the Northeast Quarter (NE114 NE1/4) and the Southwest Quarter of the Northeast Quarter (SW1/4 NE1/4) of Section Thirty -live (35), Township Seventeen (17) South, Range Twelve (12) East of the Willamette Meridian, Deschutes County, Oregon. EXCEPT from the NE114 NE114 any portion lying within the right of way of E.W. Richardson Road. ALSO EXCEPT from the NE1/4 NE1/4 a tract of land more particularly described as follows: Beginning at a point whence the Southeast corner of said NEE/4 NE114 bears South 00°32'24" East, 132 feet; thence North 89'51'V' West, 330 feet; thence North 00'32'24" West, 132 feet; thence South 89'51'34" East, 330 feet; thence South 00°32'24" East 132 feet to the point of beginning, AND ALSO EXCEPT from the NE1/4 NE114, described as follows: Beginning at the Southeast corner of said NE1/4 NE1/4; thence North 89"51'34" West, 330 feet; thence North 00'32'24" West, 132 feet; thence South 89051'34" East, 330 feet; thence South 00°32'24" East, 132 feet to the point of beginning. AND ALSO EXCEPT the West 330 feet from the SW1/4 NE1/4. Parcel If: The Northwest Quarter of the Southeast Quarter (NW 1 /4 SE1/4) and that portion of the Southwest Quarter of the Southeast Quarter (SW 1/4 SE114) lying North of the Bernd Burns Highway as now constituted. EXCEPT the Westerly 867 feet of said SW1/4 SE1/4 all In Section Thirty-five (35), Township Seventeen (17) South, Range Twelve (12) East of the Willamette Meridian, Deschutes County, Oregon. EXCEPT the Westerly 340 feet of the NW 1/4 SE1/4. AND EXCEPT from the NW114 SE1/4 the following described portion situated in the W1/2 SE1/4 of said Section 35, more particularly described as follows: Beginning at a point on the North right of way line of the Central Oregon Highway, U.S. 20, which point is 340 feet East and 13.75 feet South of the Southwest comer of said NW1/4 SE114 of said Section 35, thence North, a distance of 347.0 feet; thence North 71934' East, a distance of 213.33 feet; thence South, a distance of 414.0 feet; thence South 89'53' West along the said North right of way line, a distance of 202 feet to the point of beginning. ALSO EXCEPT a tract of land described as follows: Beginning at a point whence the Southwest corner of the NWi/4 SE1/4 bears North 89"42'40" West, 542 feet; thence North, 397.17 feet; thence South 79'38'30" East 330.82 feet; thence South, 339.50 feet; thence North 89'42'40" West, 325.43 feet to the point of beginning.. u ®®: 17-12-35-00.01200 Legend Proposed Plan Amendment Boundary I I Bend Urban Growth Boundary Comprehensive Plan Designation AG -Agriculture URA - Urban Reserve Area RREA- Rural Residential Exception Area RREA 17-12-35-00-01200 Plan Amendment From Agriculture (AG) to Rural Residential Exception Area (RREA) RREA PROPOSED COMPREHENSIVE PLAN MAP Plan Amendment From Agriculture (AG) to Rural Residential Exception Area (RREA) Exhibit "B" to Ordinance 2023-010 V V 0 300 600 1,200 Feet May 26. 2023 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Tony DeBone, Chair Patti Adair, Vice Chair Phil Chang, Commissioner ATTEST: Recording Secretary Dated this day of , 2023 Effective Date: , 2023 RR1 17-12-35-00-01200 17-12-35-00-01201 I 17-12-35-00-01200 Proposed Zone Change From Exclusive Farm Use (EFUTRB) to Mutiple Use Agricultural (MUA10) MUA10 PROPOSED ZONING MAP Legend g Zone Change From Exclusive Farm Use (EFUTRB) to Multiple Use Agricultural (MUA10) ImProposed Zone Change Boundary "C" ® Exhibit i ® j Bend Urban Growth Boundary to Ordinance 2023-010 Zoning EFUTRB - Tumalo/Redmond/Bend Subzone n MUA10 - Multiple Use Agricultural UAR10 - Urban Area Reserve 0 300 600 1,200 Feet May 26, 2023 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Tony DeBone, Chair Patti Adair, Vice Chair Phil Chang, Commissioner ATTEST: Recording Secretary Dated this day of , 2023 Effective Date: 2023 TITLE 23 COMPREHENSIVE PLAN CHAPTER 23.01 COMPREHENSIVE PLAN A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011-003 and found on the Deschutes County Community Development Department website, is incorporated by reference herein. B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2011-027, are incorporated by reference herein. C. [Repealed by Ordinance 2013-001, §1] D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-005, are incorporated by reference herein. E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-012, are incorporated by reference herein. F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-016, are incorporated by reference herein. G. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-002, are incorporated by reference herein. H. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-009, are incorporated by reference herein. I. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-012, are incorporated by reference herein. J. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-007, are incorporated by reference herein. K. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-005, are incorporated by reference herein. L. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-006, are incorporated by reference herein. M. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-012, are incorporated by reference herein. N. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-021, are incorporated by reference herein. O. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-027, are incorporated by reference herein. P. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-021, are incorporated by reference herein. Exhibit D, Ord. 2023-010 Chapter 23.01 6/7/23 Q. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-029, are incorporated by reference herein. R. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-018, are incorporated by reference herein. S. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-010, are incorporated by reference herein. T. [Repealed by Ordinance 2016-027 §11 U. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-022, are incorporated by reference herein. V. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-005, are incorporated by reference herein. W. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-027, are incorporated by reference herein. X. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-029, are incorporated by reference herein. Y. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2017-007, are incorporated by reference herein. Z. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-002, are incorporated by reference herein. AA. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-006, are incorporated by reference herein. AB. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-011, are incorporated by reference herein. AC. [repealed by Ord. 2019-010 §1, 20191 AD. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-008, are incorporated by reference herein. AE. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-002, are incorporated by reference herein. AF. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-001, are incorporated by reference herein. AG. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-003, are incorporated by reference herein. AH. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-004, are incorporated by reference herein. Exhibit D, Ord. 2023-010 Chapter 23.01 6/7/23 Al. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-011, are incorporated by reference herein. A1. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-006, are incorporated by reference herein. AK. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-019, are incorporated by reference herein. AL. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-016, are incorporated by reference herein. AM. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-001, are incorporated by reference herein. AN. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-002, are incorporated by reference herein. AO. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-003, are incorporated by reference herein. AP. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-008, are incorporated by reference herein. AQ. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-007, are incorporated by reference herein. AR. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-006, are incorporated by reference herein. AS. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-009, are incorporated by reference herein. AT. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-013, are incorporated by reference herein. AU. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2021-002, are incorporated by reference herein. AV. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2021-005, are incorporated by reference herein. AW. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2021-008, are incorporated by reference herein. AX. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2022-001, are incorporated by reference herein. AY. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2022-003, are incorporated by reference herein. Exhibit D, Ord. 2023-010 Chapter 23.01 6/( 7/23) AZ. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2022-006, are incorporated by reference herein. BA. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2023-001, are incorporated by reference herein. BB The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2023-010 are incorporated by reference herein. Click here to be directed to the Comprehensive Plan (http://www.deschutes.org/compplan) HISTORY Amended by Ord. 2011-027 §10 on 111912011 Adopted by Ord. 2011-003 §2 on 111912011 Amended by Ord. 2011-017 §5 on 1113012011 Amended by Ord. 2012-012 §1, 2, 3, 4 on 812012012 Amended by Ord. 2012-005 §1 on 1111912012 Amended by Ord. 2013-002 §1 on 11712013 Repealed by Ord. 2013-001 §1 on 11712013 Amended by Ord. 2013-005 §1 on 112312013 Amended by Ord. 2012-016 §1 on 31412013 Amended by Ord. 2013-009 §1 on 51812013 Amended by Ord. 2013-012 §1 on 81812013 Amended by Ord. 2013-007 §1 on 812812013 Amended by Ord. 2014-005 §2 on 212612014 Amended by Ord. 2014-006 §2 on 311512014 Amended by Ord. 2014-012 §1 on 81612014 Amended by Ord. 2014-021 §1 on 1112612014 Amended by Ord. 2015-029 §1 on 1113012015 Amended by Ord. 2015-010 §1 on 1212112015 Amended by Ord. 2015-021 §1 on 212212016 Amended by Ord. 2015-018 §1 on 312812016 Amended by Ord. 2016-001 §1 on 41512016 Amended by Ord. 2016-022 §1 on 912812016 Repealed & Reenacted by Ord. 2016-027 §1, 2 on 1212812016 Amended by Ord. 2016-005 §1 on 212712017 Amended by Ord. 2016-029 §1 on 312812017 Amended by Ord. 2017-007 §1 on 111112017 Amended by Ord. 2018-002 §1 on 112512018 Amended by Ord. 2018-005 §2 on 1011012018 Amended by Ord. 2018-008 §1 on 1012612018 Amended by Ord. 2018-008 §1 on 1012612018 Amended by Ord. 2018-008 §1 on 1012612018 Amended by Ord. 2018-006 §1 on 1112012018 Amended by Ord. 2018-011 §1 on 1211112018 Exhibit D, Ord. 2023-010 Chapter 23.01 6/( 7/23) Amended by Ord. 2019-004 §1 on 311412019 Amended by Ord. 2019-003 §1 on 311412019 Amended by Ord. 2019-002 §1 on 41212019 Amended by Ord. 2019-001 §1 on 411612019 Amended by Ord. 2019-010 §1 on 51812019 Amended by Ord. 2019-011 §1 on 511712019 Amended by Ord. 2019-006 §1 on 611112019 Amended by Ord. 2019-019 §2 on 1211112019 Amended by Ord. 2020-001 §26 on 412112020 Amended by Ord. 2020-003 §1 on 512612020 Amended by Ord. 2020-002 §1 on 512612020 Amended by Ord. 2020-008 §5 on 912212020 Amended by Ord. 2020-007 §1 on 1012712020 Amended by Ord. 2020-006 §1 on 1111012020 Amended by Ord. 2020-009 §4 on 11/1712020 Amended by Ord. 2020-013 §1 on 1112412020 Amended by Ord. 2021-002 §3 on 412712021 Amended by Ord. 2021-005 §1 on 611612021 Amended by Ord. 2021-008 §1 on 613012021 Amended by Ord. 2022-001 §2 on 711212022 Amended by Ord. 2022-003 §2 on 711912022 Amended by Ord. 2022-006 §2 on 712212022 Amended by Ord. 2023-001 §19 on 513012023 Exhibit D, Ord. 2023-010 Chapter 23.01 6/( 7/23) Exhibit "E" to Ordinance 2023-010 sectL'ow�22 Legisl.atWe Wstoru Background This section contains the legislative history of this Comprehensive Plan. Table S.12.1 Comprehensive Plan Ordinance History Ordinance Date Adopted/ Chapter/Section Amendment Effective All, except Transportation, Tumalo and Terrebonne 201 1-003 8-10-1 1/ 1 1-9-1 1 Community Plans, Deschutes Junction, Comprehensive Plan update Destination Resorts and ordinances adopted in 2011 2.5, 2.6, 3.4, 3.10, 3.5, Housekeeping amendments to 201 1-027 10-31-1 1 / 1 1-9-1 1 4.6, 5.3, 5.8, 5.1 1, 23.40A, 23.40B, ensure a smooth transition to 23.40.065, 23.01.010 the updated Plan 23.60, 23.64 (repealed), Updated Transportation 2012-005 8-20-12/ 1 1-19-12 3.7 (revised), Appendix C System Plan (added) 2012-012 8-20-12/8-20-12 4. I, 4.2 La Pine Urban Growth Boundary 2012-016 12-3-12/3-4-13 3.9 Housekeeping amendments to Destination Resort Chapter Central Oregon Regional 2013-002 1-7-13/ 1-7-13 4.2 Large -lot Employment Land Need Analysis Comprehensive Plan Map Amendment, changing 2013-009 2-6-13/5-8-13 1.3 designation of certain property from Agriculture to Rural Residential Exception Area Comprehensive Plan Map 2013-012 5-8-13/8-6-13 23.01.010 Amendment, including certain property within City of Bend Urban Growth Boundary Newberry Country: A Plan 2013-007 5-29-13/8-27-13 3.10, 3.1 1 for Southern Deschutes County DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY EXHIBIT E, ORD. 2023-010 Comprehensive Plan Map 2013-016 10-21-13/ 10-21-13 23.01.010 Amendment, including certain property within City of Sisters Urban Growth Boundary Comprehensive Plan Map 2014-005 2-26-14/2-26-14 23.01.010 Amendment, including certain property within City of Bend Urban Growth Boundary 2014-012 4-2-14/7-1-14 3.10, 3.1 1 Housekeeping amendments to Title 23. Comprehensive Plan Map Amendment, changing designation of certain 2014-021 8-27-14/ 1 1-25-14 23.01.010, 5.10 property from Sunriver Urban Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility Comprehensive Plan Map Amendment, changing designation of certain 2014-021 8-27-14/ 1 1-25-14 23.01.010, 5.10 property from Sunriver Urban Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility Comprehensive Plan Map Amendment, changing 2014-027 12-15-14/3-31-15 23.01.010, 5.10 designation of certain property from Agriculture to Rural Industrial Comprehensive Plan Map Amendment, changing 2015-021 1 1-9-15/2-22-16 23.01.010 designation of certain property from Agriculture to Surface Mining. Comprehensive Plan Map Amendment, changing 2015-029 1 1-23-15/ 1 1-30-15 23.01.010 designation of certain property from Tumalo Residential 5-Acre Minimum to Tumalo Industrial 2015-018 12-9-15/3-27-16 23.01.010, 2.2, 4.3 Housekeeping Amendments to Title 23. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY EXHIBIT E, ORS. 2023-010 Exhibit "E" to Ordinance 2023-010 Comprehensive Plan Text and 2015-010 12-2-15/ 12-2-15 2.6 Map Amendment recognizing Greater Sage -Grouse Habitat Inventories Comprehensive Plan Map Amendment, changing 2016-001 12-21-15/04-5-16 23.01.010; 5.10 designation of certain property from, Agriculture to Rural Industrial (exception area) Comprehensive Plan Amendment to add an exception to Statewide 2016-007 2-10-16/5-10-16 23.01.010; 5.10 Planning Goal I I to allow sewers in unincorporated lands in Southern Deschutes County Comprehensive Plan Amendment recognizing non- 2016-005 1 1-28-16/2-16-17 23.01.010, 2.2, 3.3 resource lands process allowed under State law to change EFU zoning Comprehensive plan 2016-022 9-28-16/ 1 1-14-16 23.01.010, 1.3, 4.2 Amendment, including certain property within City of Bend Urban Growth Boundary Comprehensive Plan Map Amendment, changing 2016-029 12-14-16/ 12/28/ 16 23.01.010 designation of certain property from, Agriculture to Rural Industrial Comprehensive Plan Map Amendment, changing 2017-007 10-30-17/ 10-30-17 23.01.010 designation of certain property from Agriculture to Rural Residential Exception Area Comprehensive Plan 2018-002 1-3-18/ 1-25-18 23.01, 2.6 Amendment permitting churches in the Wildlife Area Combining Zone DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY EXHIBIT E, ORD. 2023-010 Housekeeping Amendments correcting tax lot numbers in Non -Significant Mining Mineral 2018-006 8-22-18/ 1 1-20-18 23.01.010, 5.8, 5.9 and Aggregate Inventory; modifying Goal 5 Inventory of Cultural and Historic Resources Comprehensive Plan Map Amendment, changing 2018-01 1 9-12-18/ 12-1 1-18 23.01.010 designation of certain property from Agriculture to Rural Residential Exception Area Comprehensive Plan Map Amendment, removing Flood 23.01.010, 2.5, Tumalo Plain Comprehensive Plan 2018-005 9-19-18/ 10-10-18 Community Plan, Designation; Comprehensive Newberry Country Plan Plan Amendment adding Flood Plain Combining Zone purpose statement. Comprehensive Plan Amendment allowing for the 2018-008 9-26-18/ 10-26-18 23.01.010, 3.4 potential of new properties to be designated as Rural Commercial or Rural Industrial Comprehensive Plan Map Amendment changing designation of certain property from Surface Mining 2019-002 1-2-19/4-2-19 23.01.010, 5.8 to Rural Residential Exception Area; Modifying Goal 5 Mineral and Aggregate Inventory; Modifying Non - Significant Mining Mineral and Aggregate Inventory Comprehensive Plan and Text 2019-001 1-16-19/4-16-19 1.3, 3.3, 4.2, 5.10, 23.01 Amendment to add a new zone to Title 19: Westside Transect Zone. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY EXHIBIT E, ORD. 2023-010 Exhibit "E" to Ordinance 2023-010 Comprehensive Plan Map Amendment changing designation of certain 2019-003 02-12-19/03-12-19 23.01.010, 4.2 property from Agriculture to Redmond Urban Growth Area for the Large Lot Industrial Program Comprehensive Plan Map Amendment changing designation of certain property from Agriculture to 2019-004 02-12-19/03-12-19 23.01.010, 4.2 Redmond Urban Growth Area for the expansion of the Deschutes County Fairgrounds and relocation of Oregon Military Department National Guard Armory. Comprehensive Plan Map Amendment to adjust the Bend Urban Growth Boundary to accommodate the refinement of the Skyline Ranch Road alignment and the 2019-01 1 05-01-19/05-16/ 19 23.01.010, 4.2 refinement of the West Area Master Plan Area I boundary. The ordinance also amends the Comprehensive Plan designation of Urban Area Reserve for those lands leaving the UGB. Comprehensive Plan Map Amendment, changing 2019-006 03-13-19/06-1 1-19 23.01.010, designation of certain property from Agriculture to Rural Residential Exception Area Comprehensive Plan and Text amendments incorporating language from DLCD's 2014 2019-016 1 1-25-19/02-24-20 23.01.01, 2.5 Model Flood Ordinance and Establishing a purpose statement for the Flood Plain Zone. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY EXHIBIT E, ORD. 2023-010 Comprehensive Plan and Text amendments to provide procedures related to the 2019-019 12-1 1-19/ 12-1 1-19 23.01.01, 2.5 division of certain split zoned properties containing Flood Plain zoning and involving a former or piped irrigation canal. Comprehensive Plan and Text amendments to provide procedures related to the 2020-001 12-1 1-19/ 12-1 1-19 23.01.01, 2.5 division of certain split zoned properties containing Flood Plain zoning and involving a former or piped irrigation canal. Comprehensive Plan Map Amendment to adjust the Redmond Urban Growth Boundary through an equal exchange of land to/from the Redmond UGB. The exchange property is being offered to better achieve land needs that 2020-002 2-26-20/5-26-20 23.01.01, 4.2, 5.2 were detailed in the 2012 SB 1544 by providing more development ready land within the Redmond UGB. The ordinance also amends the Comprehensive Plan designation of Urban Area Reserve for those lands leaving the UGB. Comprehensive Plan Amendment with exception to Statewide Planning Goal 11 2020-003 02-26-20/05-26-20 23.01.01, 5.10 (Public Facilities and Services) to allow sewer on rural lands to serve the City of Bend Outback Water Facility. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY EXHIBIT E, ORD. 2023-010 Exhibit "E" to Ordinance 2023-010 Comprehensive Plan Transportation System Plan Amendment to add roundabouts at US 20/Cook- 2020-008 06-24-20/09-22-20 23.01.010, Appendix C O.B. Riley and US 20/Old Bend -Redmond Hwy intersections; amend Tables 5.33 1 and 5.332 and amend TSP text. Housekeeping Amendments 2020-007 07-29-20/ 10-27-20 23.01.010, 2.6 correcting references to two Sage Grouse ordinances. Comprehensive Plan and Text amendments to update the County's Resource List and 2020-006 08-12-20/ 1 1-10-20 23.01.01, 2.1 1, 5.9 Historic Preservation Ordinance to comply with the State Historic Preservation Rule. Comprehensive Plan Transportation System Plan Amendment to add reference 2020-009 08-19-20/ 1 1-17-20 23.01.010, Appendix C to J turns on US 97 raised median between Bend and Redmond; delete language about disconnecting Vandevert Road from US 97. Comprehensive Plan Text And Map Designation for Certain Properties from Surface Mine (SM) and Agriculture (AG) To Rural 2020-013 08-26-20/1 1/24/20 23.01.01, 5.8 Residential Exception Area (RREA) and Remove Surface Mining Site 461 from the County's Goal 5 Inventory of Significant Mineral and Aggregate Resource Sites. Comprehensive Plan Map 2021-002 0 1 -27-21/04-27-21 23.01.01 Designation for Certain Property from Agriculture (AG) To Rural Industrial (RI) DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY EXHIBIT E, ORD. 2023-010 Comprehensive Plan Map Amendment Designation for Certain Property from 2021-005 06-16-21 /06-16-21 23.01.01, 4.2 Agriculture (AG) To Redmond Urban Growth Area (RUGA) and text amendment Comprehensive Plan Map Amendment Designation for Certain Property Adding 2021-008 06-30-21/09-28-21 23.01.01 Redmond Urban Growth Area (RUGA) and Fixing Scrivener's Error in Ord. 2020-022 Comprehensive Plan Map Amendment, changing 2022-001 04-13-22/07-12-22 23.01.010 designation of certain property from Agriculture (AG) to Rural Residential Exception Area (RREA) Comprehensive Plan Map Amendment, changing 2022-003 04-20-22/07-19-22 23.01.010 designation of certain property from Agriculture (AG) to Rural Residential Exception Area (RREA) Comprehensive Plan Map Amendment, changing designation of certain 2022-006 06-22-22/08-19-22 23.01.010 property from Rural Residential Exception Area (RREA) to Bend Urban Growth Area Comprehensive Plan Map 2022-010 07-27-22/ 10-25-22 23.01.010 Designation for Certain Property from Agriculture (AG) To Rural Industrial (RI) Housekeeping Amendments correcting the location for the 2023-001 03-01-23/05-30-23 23.01.010, 5.9 Lynch and Roberts Store Advertisement, a designated Cultural and Historic Resource DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY EXHIBIT E, ORD. 2023-010 Exhibit "E" to Ordinance 2023-010 Designation for Certain 2023-010 TBD 23.01.010 Property from Agriculture (AG) to Rural Residential Exception Area (RREA) DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY EXHIBIT E, ORS. 2023-010 Mailing Date: Thursday, December 15, 2022 RECOMMENDATION AND FINDINGS OF THE DESCHUTES COUNTY HEARINGS OFFICER FILE NUMBERS: HEARING DATE: HEARING LOCATION: APPLICANTS/OWNERS: SUBJECT PROPERTIES: 247-22-000313-ZC, 247-22-000314-PA November 15, 2022, 6:00 p.m. Videoconference and Barnes & Sawyer Rooms Deschutes Services Center 1300 NW Wall Street Bend, OR 97708 Te Arno Despacio, LLC and CTH Investments, LLC 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 REQUEST: 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). HEARINGS OFFICER: 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 1 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").' ' 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. 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 propose 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: 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 1 5 • 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 Deport 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 1 7 Policy 2.2.3 Allow comprehensive plan and zoning map amendments, including for those that qualify as non -resource land, for individual EFUparcels 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 EFUparcels 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 1 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. 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 faun 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 1 11 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.3 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 1 12 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 I- 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), taping into consideration soil fertility; suitability for grazing; climatic conditions; existing and future availability of water for farm irrigation pui poses; 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.4 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. 4 Wetherell v. Douglas County, 342 Or 666, 160 P3d 614 (2007). Page 1 13 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 MOT 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 pen -nit 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 faun 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 incapability classes other than I-IVII-VI that is adjacent to or intermingled with lands in capability classes I-IVII-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 1 14 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 farmn 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 peirnit 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. (S)(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. (S)(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 1 15 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 (c) 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) 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: Page 1 16 (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of nzap 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 pef formance 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 1 17 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 (I 980s), 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 1 18 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 1 19 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 1 20 a a a a � C�- M m m N N N N N N U U U N N N M ro m M M M p N N N U N N N a) = = cr a Q Q Q i.0 M u1 O r O r` a) � a) N c O Q Q C 0) Q c O N p i Q �% E > 41 > N C U m m U U J J J J O vi U '~ n3 Qj Q Qj N a) a V) a) O > a) E a = O I� V Brenda Fritsvold From: Peter Gutowsky Sent: Thursday, June 1, 2023 10:36 AM To: Nick Lelack Cc: Brenda Fritsvold Subject: Re: Planning Commission / At -Large Position / Appointment Discussion Nick, Bcc: Board This morning, the Board individually interviewed Patrick Trowbridge for the At -large Planning Commission vacancy. On May 12, the Board also interviewed Helen Marston and Mark Kelly for this position. Carryovers from the Tumalo area interviews include Jack Farley, Gabriel Coler, and Robert Fish. All three who were finalists to Kelsey Carson's ultimate appointment, expressed interest in the At -large vacancy. Time permitting, on June 5 under 'Other Items', I would like to engage the Board to see if they would consider deliberating and ultimately appointing an At -large candidate. Perhaps this could be the last agenda item on Monday. Peter Gutowsky, AICP I Director DESCHUTES COUNTY COMMUNITY DEVELOPMENT 117 NW Lafayette Avenue I Bend, Oregon 97703 Tel: (541) 385-1709 Enhancing the lives of citizens by delivering quality services in a cost-effective manner. N�u..... p_;_.�.4.m June 7, 2023 Governor Tina Kotek Office of the Governor 900 Court Street, Suite 254 Salem, OR 97301-4047 RE: Request for Rural Transitional Housing and Similar Accommodations Administrative Rules Dear Governor Kotek, Deschutes County is seeking your immediate assistance to provide rural opportunities to address our growing and unsafe homelessness crisis on public lands across our region. The urgency of this request has increased since Deschutes County's letter to you dated March 1, 2023, and the County's letters to the Department of Land Conservation and Development dated March 24, 2023, and to the Senate Joint Committee on Ways and Means dated April 25, 2023. Deschutes County has received and investigated a code enforcement complaint for an unpermitted land use (camping), structures, on -site waste disposal, access, and wood -burning apparatuses as well as solid waste on County -owned property outside of city limits. The property is located between Bend and Redmond in the north Juniper Ridge area and is near an open irrigation canal. The violations reveal extremely dangerous public health, life and safety conditions which threaten the welfare of the 150-200 people living in the encampment, the safety of first responders and community outreach individuals, and negatively impacts both citizens of and visitors to Deschutes County as a whole. The number of homeless people living on rural public (county, city, state and federal) lands in our county continues to grow and become more dangerous. Without the ability to provide alternative locations for homeless encampments on rural county lands under state law, owners of such properties, including Deschutes County and the City of Bend, cannot legally provide safe and healthy infrastructure for encampments in these areas as transitional housing accommodations. Later this month, the Board of County Commissioners will consider a remediation plan to address the documented code violations on the Juniper Ridge property. That plan includes outreach to individuals living on the property to offer services, provides a phased approach to mitigate health and safety threats, and supports individuals as they vacate the area. The immediate hazards and health threats can be mitigated. However, there are not enough permanent or temporary accommodations within the urban growth boundaries to house the number of rural homeless residents living in Deschutes County, and the region will lack an adequate supply of accommodations for several years. 1300 NW Wall Street Bend, Oregon 97703 �� (541) 388-6572 board@deschutes.org 0www.deschutes.org The Juniper Ridge property and nearby public lands where our rural homeless population is already living in dangerous conditions can provide significant opportunities for safe transitional housing and similar accommodations. Privately owned _non_high_value_irFU_zon_ed__lan_ds__in__cln_se._Droxi_rnity_to UGl3s in Deschutes_ County also.provic�e o,p.porniniti_es_for_safe_p�rkir7g,mCrnaged ca��n�s,_�ncl other transitional housi,ng_o_ptions.Unfortunately, state law prohibits such uses on rural lands. We are writing to ask you to direct the Department of Land Conservation and Development to implement Executive Order 23-03 by initiating emergency rules to provide temporary emergency sheltering options outside of UGBs. The options should include campgrounds, temporary hardship dwellings, safe parking, and other temporary options on the same land designations as allowed for people displaced by the 2020 wildfires. Please let us know if we can provide additional information or answer questions. Thank you for your consideration, The Deschutes County Board of Commissioners Anthony DeBone Patti Adair Phil Chang Chair Vice Chair Commissioner CC: Senators Lynn Findley, Tim Knopp, and Dennis Linthicum Representatives Vikki Breese Iverson, Jason Kropf, E. Werner Reschke, and Emerson Levy Department of Land Conservation and Development N�vjEs C0 BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, JUNE 7, 2023 Barnes Sawyer Rooms - Deschutes Services Building - 1300 NW Wall St - Bend (541) 388-6570 1 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 YouTube using this link: http://bit.ly/3mminzy. To view the meeting via Zoom, see below. Citizen Input: The public may comment on any topic that is not on the current agenda. 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. 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. Consideration of Board Signature on letter reappointing Craig Renkert for service on the Deschutes County Investment Advisory Committee 2. Consideration of Board Signature on Letters Reappointing Jodi Burch, Summer Sears and Charles Fadeley for service on the Deschutes County Audit Committee. 3. Consideration of Board Signature on Letter of Thanks to Scott Reich for service on the Deschutes County Audit Committee. 4. Consideration of Board Signature on Letters of Reappointment for David Green, Wendy Holzman, Mason Lucy and Rachel Zakem, to the Deschutes County Bicycle and Pedestrian Advisory Committee. 5. Approval of minutes of the May 22, 23 and 24, 2023 Budget Committee meetings ACTION ITEMS 6. 9:05 AM Staff recognition: Kathy Christensen 25 years of service 7. 9:10 AM Informational update from the Arnold Irrigation District on its infrastructure modernization project 8. 9:30 AM Service Partner Annual Update - Upper Deschutes Watershed Council 9. 9:50 AM Extension of a limited duration position for a project manager to work with houseless individuals 10. 10:00 AM Camping on Publicly -Owned Property (DCSO Proposed Code Revisions) 11. 10:30 AM First reading of Ordinance No. 2023-010 for a Plan Amendment and Zone Change for approximately 93 acres east of Bend and north of Highway 20 June 07, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3 OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. EXECUTIVE SESSION At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations, ORS 192.660(2)(b), personnel issues, or other executive session categories. Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. 12. Executive Session under ORS 192.660 (2) (d) Labor Negotiations June 07, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3