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2023-368-Minutes for Meeting November 13,2023 Recorded 12/5/2023�vIES CO BOARD OF j COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County C J2023.368 Steve Dennison, County Clerk Commissioners' Journal 12/05/2023 9:31:16 AM E., C�(� I�' I (III'I'II I� I II I II II I I I�I �II 2023-368 FOR RECORDING STAMP ONLY Allen Room 9:30 AM MONDAY November 13, 2023 Live Streamed Video Present were Commissioners Tony DeBone, Patti Adair and Phil Chang. Also present were County Administrator Nick Lelack; Deputy County Administrator Whitney Hale; County Counsel David Doyle; and BOCC Executive Assistant Brenda Fritsvold. 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 9:30 a.m. CITIZEN INPUT: None AGENDA ITEMS: 1. Camping Feasibility Study Final Report jen Patterson, Strategic Initiatives Manager, introduced Mark Buckley, Alicia Milligan and Bob Parker from ECONorthwest which was contracted by the County to conduct a study on the feasibility of developing private or public RV parks and campgrounds in three areas: Thompson Road, Drafter Road (La Pine), and Crooked River Ranch/Lower Bridge Way. Buckley spoke to the challenge of meeting the demand for campground space in Deschutes County, with no new sites having been established in 40 years at the same time tourism to Central Oregon has significantly increased. He shared factors involved in the demand for campgrounds, including resident population and visitor BOCC MEETING NOVEMBER 13, 2023 PAGE 1 OF 6 growth, tourism in the summer as well as in the winter, and the various recreational activities offered in the Deschutes National Forest. Responding to Commissioner Chang, Buckley agreed to find out whether the County's Transient Room Tax (TRT) is collected on overnight stays at campgrounds. Milligan then described the three sites considered, saying the feasibility study analyzed each of the three possible sites in terms of their zoning and regulatory constraints, access and natural resources, and development potential and challenges. Parker explained possible challenges posed by State and local land use regulations, including the County's Comprehensive Plan and, for the Drafter Road property, the City of La Pine's Development Code. Referring to the State regulation that campgrounds are not allowed within three miles of an urban growth boundary (UGB) unless an exception is approved, Commissioner Chang asked which authority has the ability to grant such an exception. Parker said these requests are publicly reviewed by the Department of Land Conservation and Development (DLCD). Commissioner Adair noted that because the Drafter Road property is within La Pine's city limits, this regulation does not apply to that particular site. Commissioner Chang suggested that staff find out who owns the two parcels in-between the County -owned Drafter Road sites to determine if their owner(s) are interested to sell or swap properties. Referencing the State regulation that campgrounds must be adjacent to or contain a park or other natural amenity for recreational use, Commissioner Chang asked if a trail would qualify as a "natural amenity." Parker surmised that it would. Commissioner Chang said while RV parks are not an authorized use in EFU-zoned land, campgrounds are (via a conditional use), and campgrounds can have RV sites. He said the Fort Thompson site could be rezoned from EFU, consistent with other Comprehensive Plan designation and zoning changes approved elsewhere by the County. Continuing, Milligan summarized the infrastructure available to each site in terms of access to utilities: potable water, sanitary sewer, electricity, stormwater, natural gas, and telecommunications. Buckley next shared information on occupancy rates in the County by month and annually as well as expected occupancy rates at each of the proposed sites along BOCC MEETING NOVEMBER 13, 2023 PAGE 2 OF 6 with in -season and off-season average daily rates. He reviewed a chart which assumed construction in 2025 and "natural occupancy rate" in 2029 to project annual cash flows out to 2033. The study estimates the 15-year net present value of each of the sites to be as follows: Drafter Road--$3 million; Crooked River Ranch-- $11 million; and Thompson Road--$15 million. Buckley then reviewed the key findings of the study, as follows: • All sites are likely to have strong return on investment, if permitting and zoning challenges can be addressed; • Both market demand and occupancy are likely strong; • Public -private partnership opportunities exist; and • A variety of federal, state and local funding support is available. Buckley concluded that the Drafter Road site appears most suitable for a public - private partnership. Commissioner Adair asked if the East Cascade Audobon Society was contacted regarding the suitability of the Lower Bridge Way (i.e., Crooked River) site for a campground. Patterson confirmed that the letter submitted by FANS was taken into consideration when evaluating the site. The Board expressed appreciation for the study and agreed to continue to evaluate all of the sites for potential development of a new campground, particularly the Drafter Road site. Commissioner Chang noted an upcoming grant cycle of the Oregon State Department of Parks & Recreation and advised researching whether one of these grants would be a good source of revenue or financing. 2. Short Term Business License Program Consideration Jen Patterson, Strategic Initiatives Manager, reviewed that at the Board's previous direction, staff developed possible components of a business license program for short-term rentals as a way of instituting guidelines and compliance standards without requiring a permit and/or making a land use determination. Patterson summarized the considerations before the Board, which address wastewater systems, fire and life safety standards, 24/7 property manager availability, and which zones short-term rentals can operate in. Commissioner Chang asked if the County currently conducts checks on properties used as short-term rentals to survey wastewater capability and fire safety as well as compliance with authorized zoning uses. BOCC MEETING NOVEMBER 13, 2023 PAGE 3 OF 6 Peter Gutowsky, Community Development Director, explained that CDD along with Finance screens new applications for short-term rentals. If the dwelling associated with the address in the application is lawfully established (i.e., has been permitted), no inspections are conducted. Patterson described the current process utilized by Finance, which begins with notifications received via GovOS, a software program which identifies short-term rentals in the County by crosschecking most online booking platform listings and makes Finance aware of new active advertisements. Staff then contacts the property owner or manager to register for a certificate of authority which allows for the collection, payment and reporting of transient room taxes (TRTs). Judi Hasse, Deputy Tax Collector, added that both AirBNB and VRBO send the requisite transient room taxes in one check without listing the properties for which TRT was collected, and have refused to provide such lists when asked. Commissioner Chang said without a business license, the County would have no mechanism to ensure a 24/7 property manager for each short-term rental, which is necessary as these uses can have negative effects on neighboring properties. He further supported a defensible space requirement for properties used as short-term rentals which allow outside recreational fires. Commissioner Adair said the destination resorts likely regulate short-term rentals in their areas as far as fire and life safety issues. She agreed it would be beneficial to have a phone number for directing complaints other than to the Sheriff's Office. Commissioner DeBone suggested convening a roundtable on this matter to air and discuss the varying perspectives. He agreed that destination resorts likely manage the short-term rentals which are located in their respective areas. Commissioner Chang said a two-tier fee structure might be appropriate, with one fee applied to rentals outside of destination resorts, and a different one (or even no fee) applied to those within the resorts. He agreed it would be good to have public input and advised that notification of any meeting on this subject be given to affected properties and their neighbors. Commissioner Adair was in agreement on the need to hear from the public on this matter. Robert Tintle, Chief Financial Officer, confirmed that no CDD costs related to permitting short-term rentals are covered using TRT revenues. BOCC MEETING NOVEMBER 13, 2023 PAGE 4 OF 6 Gutowsky said if CDD is tasked with inspecting properties which have short-term rentals, the incurred costs would have to be recovered. Commissioner DeBone summarized that the intention of licensing short-term rentals is to reduce risks and impacts to neighbors. Noting that STRs pose a free market opportunity, he said if these are allowed by way of a business license program, the County should strive to structure that program so it is positive for everyone. Commissioner Adair noted another consideration is the fact that utilizing residences as short-term rentals can decrease the availability of long-term housing for those who live and work here. Commissioner Chang said it is important to protect groundwater and safeguard neighbors from fire and noise. He supported requiring a license and fee for all short-term rentals and reiterated that the most efficient and responsive system to complaints is a 24/7 property manager. Patterson offered to reach out to the resorts and ascertain if and how they manage short-term rentals. Chair DeBone noted the consensus of the Board to proceed as discussed, including with conducting public outreach on this issue. 3. Consideration of Letter of Support for Removal of the A.J. Tucker Building Whitney Hale, Deputy County Administrator, presented a draft letter from the Board to the Bend Landmarks Commission supporting the County's application to remove the A.J. Tucker building. Hale said this request will go before the Landmarks Commission next week. Commissioner DeBone suggested revising the letter to open with a statement that the County has, over the last several months, explored options to removing the building. The Board was in consensus to incorporate this change. Lee Randall, Facilities Director, reported that the planning application for the courthouse expansion was determined to be complete, and the County will next submit building plans. CHANG: Move approval of the letter to the Bend Landmarks Commission supporting the County's application to remove the A.J. Tucker building, as modified as discussed ADAIR: Second BOCC MEETING NOVEMBER 13, 2023 PAGE 5 OF 6 VOTE: ADAIR: CHANG: DEBONE OTHER ITEMS: Yes Yes Chair votes yes. Motion Carried Commissioner DeBone proposed that the County consider convening a citizen's assembly on the topic of homelessness. Commissioner Chang was open to the idea of initiating broader community engagement on this topic, saying such efforts are beneficial when well - facilitated. EXECUTIVE SESSION: None ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 11:18 a.m. a-� NCV DATED this Day of 2023 for the Deschutes County Board of Commissioners. ANTHONY DEBONE, CHAIR ATTEST: P TTI ADAIR, VICE CHAIR RECORDING SECRETARY i�� 6) ' PHIL CHANG, C MMISSIONER BOCC MEETING NOVEMBER 13, 2023 PAGE 6 OF 6 �vTES Co o� G�� E BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 9:30 AM, M0NDAY, NOVEMBER 13, 2023 Allen Room - Deschutes Services Building - 1300 NW Wall Street - Bend (541) 388-6570 1 www.deschutes.or� 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 via Zoom from a computer, use this link: http://bit.ly/3h3ogdD. • To join by phone, call 253-215-8782 and enter webinar ID # 899 4635 9970 followed by the passcode 013510. When it is your turn to provide testimony, you will be promoted from an attendee to a panelist. You may experience a brief pause as your meeting status changes. Once you have joined as a panelist, you will be able to turn on your camera, if you would like to. • 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. Time estimates: The times listed on agenda items are estimated only. Generally, items will be heard in sequential order and items, including public hearings, may be heard before or after their listed times. CALL TO ORDER 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. AGENDA ITEMS 1. 9:30 AM Camping Feasibility Study Final Report 2. 10:15 AM Short Term Business License Program Consideration 3. 11:00 AM Consideration of Letter of Support for Removal of A.J. Tucker Building OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. EXECUTIVE SESSION At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2)(b), personnel issues, or other executive session categories. Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. ADJOURN November 13, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 2 MEETING DATE: November 13, 2023 SUBJECT: Camping Feasibility Study Final Report BACKGROUND AND POLICY IMPLICATIONS: On May 1, 2023 the County contracted with ECONorthwest to conduct a Camping Feasibility Study with a final report to be delivered by November 15, 2023. The study was focused on the feasibility of the development of private or public RV parks and campgrounds on for recreational purposes, along with support amenities and infrastructure, in three areas of Deschutes County. The three areas included in the study were Thompson Road, Drafter Road (La Pine), and Crooked River Ranch. The scope of work included: 1. Conducting a preliminary site analysis, engineering, and environmental assessment. Environmental Science Associates (ESA) led efforts on conducting preliminary site analysis, engineering, and environmental assessments for the priority sites. ESA analyzed the proposed sites for development strengths and constraints including zoning, comprehensive plan, and other site development regulations, impact on environment, infrastructure needs and availability, rights of way and easements, and possible abutter concerns. 2. Developing conceptual RV Park and campground operational and finance plans. ECONorthwest drafted a preliminary development program for each priority site. The preliminary development program included the number of campsites by type, site facilities and amenities, and a rough estimate of the area and location of the campground on the site. To assess the financial feasibility of a new campground(s) a market feasibility and financial feasibility study was conducted that included pro formas for each of the 3 sites. 3. Planning the organizational structure. To develop the RV park and campground organizational structure, ECONorthwest utilized its past work as well as updating with RV campground industry research to understand current development and permitting costs, management, and operational labor costs, short- and long-term capital needs, and costs that vary season to season. ECONorthwest researched and identified local, state and federal grant or other financial opportunities for development and/or operations. To identify RV park organizational considerations, constraints, and factors, a comprehensive literature review; in tandem with interviews with industry leaders and insiders, and stakeholders was ,performed. The information gathered from these efforts ensured an operational framework that incorporated up-to-date and effective business RV operations guidelines that will be resilient to industry forecasted trends and expected industry changes. 4. Submitting a Final Report and Executive Summary. ECONorthwest and ESA developed a report that consolidated all project efforts into a single document. The executive summary highlighted key findings and processes and procedures that are most pertinent on a site -by -site basis. ECONorthwest will present a summary of the Final Report and be available to answer any questions. The full report is included in the Board's meeting materials. BUDGET IMPACTS: The contract for ECONorthwest is paid for out of the Park Acquisition and Development Fund. The contract was approved for $99,580. To date, $89,690.68 has been paid in Fiscal Year 2024. The remaining $9,889.32 is expected to be invoiced and paid in Fiscal Year 2024. ATTENDANCE: Jen Patterson, Deschutes County, Strategic Initiatives Manager Mark Buckley, ECONorthwest, Partner/Senior Economist Alicia Milligan, ECONorthwest, Project Manager ®► ECOnorthwest Deschutes County Campground Feasibility Study 0, Prepared for Deschutes County Deschutes County NOV 2023 Acknowledgements For over 45 years ECONorthwest has helped its clients make sound decisions based on rigorous economic, planning, and financial analysis. For more information about ECONorthwest: www.econw.com. ECONorthwest prepared this report for Deschutes County with guidance and input of several partners from Deschutes County including Jen Patterson, Kristie Bollinger, Peter Gutowsky, William Groves, Chris Doty, Nick Lelack, and county commissioners Phil Chang, Tony DeBone, and Patti Adair. ECONorthwest and Deschutes County thank those who helped develop the Deschutes County Campground Feasibility Study. Other firms, agencies, and staff contributed to research that this report relied upon, specifically Matthew Crampton, Susan Cunningham, Thomas Fischer, Mason Lacy, and Steve Roelof of Environmental Science Associates (ESA). Deschutes County ■ jen Patterson ■ Kristie Bollinger Consulting Team (ECONorthwest) ■ Mark Buckley ® Bob Whelan ® jolie Brownell (ESA) ■ Matthew Crampton Deschutes County Contact: jen Patterson jen.Patterson@deschutes.org ® Alicia Milligan • Bob Parker ® Susan Cunningham ECONorthwest Contact: Mark Buckley buckley@econw.com Table of Contents Introduction - - - - - - - - - - - - - - - - - - - - - - - - - 1 Purpose and Need — Campground Demand - - - - - - - - - - 2 Current Campground Operations in Deschutes County (Supply) - - 6 Candidate Sites Overview - - - - - - - - - - - - - - - - - - 11 Site Assessments - - - - - - - - - - - - - - - - - - - - - - 16 RV Park and Campground Operational and Finance Plans - - - - 32 Organizational Structure for Campground Functionality - - - - - 44 Conclusion and Recommendations- - - - - - - - - - - - - - - 47 Appendix - - - - - - - - - - - - - - - - - - - - - - - - - - 48 ,i® Deschutes County Campground Feasibility Study Executive Summary The rapid growth in the demand for outdoor recreational activities in our region necessitates a comprehensive assessment of potential sites for campground and RV park development. The purpose of this detailed report is to provide Deschutes County insights into the feasibility of establishing new campgrounds at three specific locations: Crooked River Ranch, Fort Thompson Lane, and Drafter Road. Deschutes County has long been recognized for its natural beauty and its hub for outdoor enthusiasts. Over recent years, Deschutes County has witnessed a substantial increase in visitation, particularly among locals. While camping has grown steadily, other activities like downhill skiing, hiking, and nature exploration have outpaced it. This surge in interest underscores the need for expanded camping and recreational facilities to serve our residents and visitors. Housing scarcity, including short-term opportunities, is an increasing issue in the region as well. Starting with Drafter Road within La Pine's city limits, our analysis indicates this site has some of the most attractive conditions to host an RV park development. Several factors contribute to this suitability: its ample size, direct highway access, conducive zoning conditions, and existing infrastructure. Moreover, the location of Drafter Road could also serve as a solution to seasonal housing needs for temporary workers and visitors. However, it's crucial to note potential challenges, such as attempting to obtain Goal exceptions, the site's limited capacity for development and the necessity for obtaining specific use permits. The projected development cost here is around $3.7 million, but with an expected return between 9.9 percent and 11 percent, the investment seems justifiable. The Fort Thompson Lane location offers an expansive space that aligns well with a traditional campground setup. However, there are inherent challenges and risks associated with developing this site that pertain to obtaining Goal exceptions, amending the comprehensive plan map zoning, and land use regulation requirements, as well as canal access, which effectively bisects the property. Two distinct zones within this site, termed as Opportunity Areas 1 and 2, appear ideal for tent camping. That said, before moving forward, it's paramount to consider the great challenges that exist with state and county code requirements which create substantial risk of appeal. Like the Drafter Road site, an appeal could have significant costs and result in delays. Moreover, given the complexity of goal exceptions related to comprehensive plan amendments, there is no guarantee that the county would prevail on appeal. With a higher development cost of $21.6 million modeled for a 300-site RV park, it's crucial to consider the longer -term financial implications and the anticipated demand. Lastly, Crooked River Ranch presents a set of unique challenges that make it the least feasible for typical campground development. The site's rugged terrain, coupled with a lack of utility infrastructure and prevailing zoning regulations against camping, are significant barriers. However, a potential reimagining of the site could see it serving as a trailhead or designated ECONorthwest area for walk-in tent campiii-. This, of course, t,A,ould require.ev.isitino the current zoning regulations and addressing diallen ,ing and potentially costly access issues. Moreover, the Crooked River Ranch site is outside an established IJGB and. is zoned RR-10 (rural residential, 10-acre). Similar to the Fort Thompson Lane Site, are inherent challenges and risks associated with developing this site that pertain to obtaining amending the comprehensive plan map, zoning, and land use regulation requirements. Before moving forward, it's paramount to consider the substantial challenges that exist with state and county land use requirements which create risk of appeal. Like the Fort Thompson site, an appeal could have significant costs and result in delays. Moreover, given the complexity of goal exceptions related to comprehensive plan amendments, there is no guarantee that the county would prevail on appeal. Given the limited development potential and space constraints, a more conservative approach to investment is recommended here. When considering funding avenues, several viable options emerge. The county could leverage its own funds or tap into the revenue generated by transient lodging taxes. Furthermore, the possibility of securing grants, specifically those aimed at promoting tourism and outdoor recreation, should not be overlooked. As for operational strategies, the county could take the lead in management, or explore public -private partnerships, which have proven successful in other regions. DESCHUTES COUNTY CAMPGROUND FEASIBILITY ASSESSMEI Site Overview Smith Rock .rate park Sisters Redmond Turnaio:.`.. State Park a Bend City UGB Site Location dV State Parks -Campground Deschutes National Forest Deschutes County CROOKED RIVER RANCH SITE Total Acres: 51 Lots: 3 Opportunity Areas: 1 Opportunity Area Acres: 11.9 Capacity: 119 sites 2 THOMPSON LANE SITE Total Acres: 547 Lots: 7 Opportunity Areas: 7 Opportunity Area Acres: 98 Capacity: 300 sites DRAFTER ROAD SITE Total Acres: 7 Lots: 7 Opportunity Areas: 3 Opportunity Area Acres: 4.2 Capacity: 63 sites ECONorthwest 1® Introduction Deschutes County, a prominent and growing region of Oregon for tourism and residents, attracts over four million visitors annually, largely for outdoor recreation including overnight camping experiences. Tourism remains a major industry in Central Oregon, providing jobs to over 9,250 residents and contributing over $1.41 billion to the local economy each year.' This sector not only fuels economic growth but also enhances quality of life and attracts new businesses and a skilled workforce to the region. However, Deschutes County faces a challenge as it grapples with a shortage of short-term lodging capacity that caters to outdoor recreationists, preventing visitors from extending their stays and corresponding economic impact, limiting the area's economic growth potential. A scarcity of camping opportunities in Central Oregon, including for recreational vehicles (RV), not only reduces total visitation but also contributes to increased dispersed camping in undeveloped forestland and along roads. While visitation and population have both rapidly grown over recent decades, there has been no corresponding increase in camping capacity. This, in turn, results in added forest maintenance and damage to natural habitats, such as sanitation issues, problems with trash management, and increased fire risk.' Furthermore, affordable RV and tent campgrounds could help address the short-term housing needs of seasonal workers in recreational areas during peak seasons or provide support for the growing demand to accommodate the unhoused or homeless who often rely on RV parks as an affordable housing option.' Despite its tourism appeal, Deschutes County has not introduced a new county -run campground in over four decades.4 Now, after careful planning, the county is poised to conduct an exploratory feasibility assessment for a new county -run campground. The complexity of this endeavor, influenced by state and local land -use laws, community objectives, economic risks, financial pro formas, and site -specific environmental considerations, has prompted the county to enlist the expertise of ECONorthwest and Environmental Science Associates (ESA), a private economic consulting firm and a private environmental consulting firm, respectively. In collaboration, ECONorthwest and ESA conducted a thorough site analysis, financial assessment, and operations feasibility study for RV campgrounds in three designated county sites. The work includes a comprehensive Deschutes County campground market analysis and the development of financial and operations plans based on land use zoning and environmental opportunities and constraints. ' "Visit Central Oregon Annual Report: FY21-22". Oregon Tourism Commission by Dean Runyan Associates (Oregon Travel Impacts). 2021. 2 "Dispersed camping in state forests temporarily banned". Central Oregon Daily. May 81', 2020. Website accessed: https://centraloregondaily.com/dispersed-camping-in-state-forests-closes-temporarily[. 3 "For some, RV parks a last chance at housing: 'We are homeless, not seasonal campers"'. RVtravel. February 18, 2023. Website accessed: httl2s://www.rvtravel.com/campgrotind-crowding-1092b/. `' Memo: Recreational Vehicle Park Expansion/Assessement. Peter Gutowsky, Deschutes CDD. September 1, 2021. ECONorthwest 2. Purpose and Need - Campground Demand Visitation to Deschutes County and its resident population are both experiencing rapid growth, and this trend is projected to persist. The county has witnessed consistent population growth over the past five decades, reaching its peak as a percentage of the population in the 2000s. This growth is anticipated to continue at an annual rate of over 2 percent, gradually slowing to 1.1 percent over the next 50 years (Exhibit 1). Exhibit 1. Population and Forecast Growth in Deschutes County Source: Population Research Center (2018)5 Geography 2020 2022 (forecasted) 2047 2072 Deschutes County 207,921 207,921 298,937 392,790 Bend UGB 99,598 103,976 160,361 225,619 La Pine UGB 2,512 2,736 5,129 8,336 Redmond UGB 33,608 37,342 60,060 82,601 Sisters UGB 3,064 3,437 7,911 14,881 Outside UGB Area 59,471 60,430 65,476 1 61,352 Notes: UGB - Urban Growth Boundary In addition to the rise in County visitation and growth, Bend has garnered national recognition as a tourism destination, and this recognition and investment are extending to other parts of the county. Tourism Room Tax (TRT) collections have shown consistent growth for both Deschutes County and Bend, especially after the economic downturn of the Great Recession. Adjusted for inflation, TRT has surged by around 400 percent for Bend and 250 percent for Deschutes County compared to 2003 levels, as seen in Exhibit 2. This trend continued even through the COVID-19 shutdowns in 2020, with winter tourism revenue outpacing summer trends in recent years. 5 Population Research Center 2022. Coordinated Population Forecast, Deschutes County, 2022 through 2072. Portland, OR: Population Research Center, Portland State University. ECONorthwest Exhibit 2. Transient Room Tax (`tRT' (rends n F3end and Deschutes COUrity - 2003 ro 2023 Source: ECONorthwest, 4000% 300% cr) O 200% N 100% 0) c cti U 400% F-- F_ 300% 200% 100% Deschutes County co tl' LO cO I`` co O O , N M �Y to UJ 1� M � O N M O O O O O O O - N N N N O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N CV N N N N N N N N N N N — Summer Winter The Deschutes National Forest encompasses around 2,190 miles of trails and 252 recreational activity sites within its 1.6 million acres of land. Participation in outdoor recreation is significant in Deschutes County and across the state of Oregon. The diverse and high -quality recreational offerings in Deschutes County drive regional demand for campgrounds. The area boasts several well-known state parks like Smith Rock State Park and La Pine State Park, numerous Bureau of Land Management recreational areas, and the Deschutes National Forest, providing various trail, water, and snow recreational opportunities (see Exhibit 3). It's important to note that most of the Deschutes National Forest campgrounds are only accessible and open during the summer months. ECONorthwest 3 Exhibit 3. Deschutes National Forest Recreation Sites Source: ECONorthwest, The Econoc irnportamie of " widin g on cer,tru: Oregon's Nlationa; F-crests. September 2023. .it r5tin Linfi i 4< ti s, S ik 4 � rs Y 'f C r'a 0 k 3 h Y La,r�L, Y x f 5 �ti Pi l T Y' pporturibes #F ! I M".1 XIma h to Mites The Deschutes National Forest welcomes over 2 million visitors each year, with more than 40 percent of these visitors coming from outside the local area (residing over 30 miles away). Based on the trends in Exhibit 4, overall visitation is projected to increase significantly from 2.183 million trips in 2021 to 2.914 million trips in 2040, a growth of 33 percent. Local trips are expected to see the largest growth, increasing from 1.278 million trips in 2021 to 1.810 million in 2040, a 42 percent increase. Nonlocal trips also grow, but less sharply from 904,000 to 1.103 million, up 22 percent. Trail -based activities are the most popular, with over 1 million trips in 2021 growing to 1.129 million in 2040. This category sees the largest total growth in trips between 2021-2040 at over 19 million. After trail -based, the next most popular activities are downhill skiing, nature study, and camping. Camping sees slower growth than downhill skiing and nature study, from 79,000 to 103,000 trips. In summary, substantial increases in visitation are expected especially among local users, with trail -based activities remaining the most popular recreation engagement. ECONorthwest Exhibit 4. Current and Forecasted Visitation I or Select activities, Desch,,Ates National Forest Source: ECONWhwest, The Econc , i ,ance or R:.; reutio,:-unding C,.r iro! a r-o.ests. September 2023. Trips (thousands) Activity 2021 2040 2021-40 sum Camping 79 103 1,817 Downhill Skiing 397 560 9,486 Hunting, Fishing, and Gathering Forest Products 162 200 3,613 Motorized Non -trail 38 48 868 Nature Study 255 325 5,784 Non -motorized Water 132 177 3,072 Trail -based 833 1,129 19,471 Local 1,278 1,810 30,600 Nonlocal 904 1,103 20,011 -Grand Total 2,183 2,914 50,612 These visitors contribute $200 million in annual spending, and this figure is expected to increase to $245 million by 2040. Non -local visitors to the Deschutes National Forest come from various parts of the country and even internationally, with a significant concentration in the Willamette Valley, particularly around Portland (as shown on the map in Exhibit 5). Exhibit 5. Home Locations of Visitors to Deschutes National Forest Source: ECONorthwest, The Economic Importance of Recreation Funding on Central Oregon's National Forests. September 2023. ECONorthwest 5 3. Current Campground Operations in Deschutes County (Supply) Existing Campgrounds The Deschutes National Forest falls within more than half of Deschutes County, which includes expansive wilderness areas such as Mount Washington Wilderness and Three Sisters Wilderness. The Deschutes National Forest boasts about 81 U.S. Forest Service -operated campgrounds offering a combination of tent and hybrid tent/RV campsites. These campsites vary in price per night, ranging from $12 to $151, depending on factors like site type and maximum person capacity. Exhibit 6. Existing Campgrounds in Deschutes County Sources: ECONorthwest, USFS, BLM, Deschutes County, State of Oregon DESCHUTES COUNTY CAMPGROUND FEASIBILITY ASSESSMENT Existing Campground Distribution A 0 i h V Sisters r, Tumato Sratel�art�� aru fens Bend t� [e to Pine State Park E La Pine 0. (S. smm, Rock USFS Campground Density Stare Park Campgrounds per 5 miles 9 3.4 2 Redmond 01 1 %? Deschutes County RV Parks USFS Campgrounds s BLM Campground City UGB i Site Location AP State Parks - Campground Deschutes National Forest Deschutes National Forest Wilderness Area Deschutes County p 10 r JN• ®Miles As depicted in Exhibit 6, each hexagon on the map represents an area of approximately five miles. In this representation, darker shades of brown indicate densely concentrated areas of camping options, often featuring 3 to 4 campgrounds within a five -mile radius. The individual ECONorthwest 6 USFS campgrounds are designated by green triarigies and are typically situated 10 to 20+ miles away from city centers. On t:he ether hand, the fourteen Deschutes County RV Parks are marked with blue squares in Exhibit 6 and are generally located within 10 miles of city limits. Out of the fourteen RV park sites, twelve were able to provide information regarding the total number of sites, whether they operate seasonally or year-round, the maximum number of available sites, and their rate structures. As depicted in Exhibit 7, each RV park displayed a unique rate structure, including nightly, weekly, and some with monthly fees. Unfortunately, none of the RV parks were able to provide occupancy rates, except for the Expo Center RV Park, which will be discussed in following sections. Exhibit 7. Deschutes County RV Parks Capacity and Fees Source: Google Search, RV Park websites Name of RV Park # sites Open Max Stay Nightly Monthly Range Range Scandia RV Park/Village 326 Year-round 21 nights, $369-$441 or monthly (wk) Thousand Trails Bend-Sunriver 317 Year-round 28 days $57 $90 Cascade Meadows RV Resort 117 Year-round no max - $695-$820 Expo Center RV Park 105 Year-round 45 days $38-$50 Bend/Sisters Garden RV Resort 99 Year-round - - - Cottonwood RV Park 52 Year-round 11 months, - $725-$925 can extend Newberry RV Park 47 Year-round no max $57 Crane Prairie Resort 38 Year-round 180 days $34.50 - Copper Ridge RV Resort 30 Year-round 60 days $42.90 $300 (wk) River Rim RV Park 23 Year-round - $750-$800 Hidden Pines RV Park 22 Year-round permanent $60 $600 Whispering Pines RV Park - Year-round no max - While the data available for comparing campground and RV park occupancy rates is limited, Exhibit 8 depicts the geographical distribution of campgrounds with varying average 3-year utilization rates from 2020 to 2022. ECONorthwest 7 Exhibit 8. Deschutes County Campground Average Occupancy Rate Source: ECONorthwest, U.S. Forest Service, State of Oregon, Deschutes County, BLM DESCHUTES COUNTY CAMPGROUND FEASIBILITY ASSESSMENT Campground 3-Year Average Occupancy Rate Smith Rock States Park Average 3-Year Utilization Rate (2020.2022) 80.1 % - 83.2% 60.1 % - 80.0% 40.1 % - 60.0% 20.1 % - 40.0% 0.0% - 20.0% LI Deschutes County RV Parks * USFS Campgrounds a BLM Campground City UGB i Site Location State Parks - Campground Deschutes National Forest Deschutes National Forest Wilderness Area Deschutes County p 10 t JN, 0 Mlles Among the 57 USFS campgrounds in the Deschutes National Forest that reported utilization rates, 23 campgrounds featured a utilization or occupancy rate exceeding 60 percent. Those campgrounds having greater than 60 percent utilization rate are list in Exhibit 9. ECONorthwest 8 Exhibit 9. USFS Campgrounds Iva) 3-ye r Average Utilization Ql-ate a 6U Percent Source: ECONoiwest, US ForestSew;e} ... _ Total Person Point 45 9 83% Cultus Lake - Little Cove boat -in 25 4 82% Three Creek Lake 65 11 81% West Cultus boat -in 65 12 80% Soda Creek 50 10 79% Driftwood 80 18 78% Mallard Marsh (Hosmer Lake) 80 14 75% Cultus Lake 280 54 73% Little Crater 250 47 73% Blue Bay 135 24 72% Cultus Lake - Big Cove boat -in 20 6 72% Newberry Group 165 3 72% South (Hosmer Lake) 115 23 71% Scout Lake 125 10 70% Elk Lake 110 19 70% Elk Lake CG 110 17 70% Little Cultus 50 28 70% East Lake 145 29 68% Little Lava Lake 80 16 66% Link Creek 180 33 65% North Davis Creek 70 14 64% Trapper Creek 190 28 61% Bull Bend 65 12 61% Deschutes County hosts three of Oregon's State Parks: Smith Rock State Park, Tumalo State Park, and LaPine State Park, all equipped with campgrounds. Smith Rock's campground doesn't have reported occupancy rates because it operates on a first -come, first -serve basis for bivouac sites and is not available for reservation systems like Reserve America. As shown in Exhibit 10, Tumalo and LaPine State Parks have consistently outperformed the state-wide occupancy rate, often exceeding other state parks with campgrounds by as much as 30 percent during peak seasons. ECONorthwest 9 Exhibit 10. Occupancy Rate for Deschutes County State Parks vs State Average, 2018-2023 Source: State of Oregon Parks and feat&tion Oegartment 100% 80% 60% CU � 40% V �s 20% V v 0% 0 2018 2019 2020 2021 2022 2023 Year La Pine State Park Tumalo State Park State -Wide Average ECONoOwest 10 4® Candidate Sites Overview Deschutes County has identified three county owned locations for evaluation in terms of their economic, financial, and environmental suitability for the possible establishment of a new RV park or an RV/tent hybrid campground. These three sites, illustrated in Exhibit 11, vary significantly in terms of their size, location, on -site conditions, potential target audience, proximity to various amenities, and major travel routes. Each site presents distinct prospects and limitations for campground development, as well as a unique sense of place, the potential to align with community -specific objectives, and adherence to state and local regulations. Exhibit 11. Feasibility Sites Overview - Deschutes County Source: ECONorthwest, Deschutes County, State of Oregon, Bureau of Land Management DESCHUTES COUNTY CAMPGROUND FEASIBILITY ASSESSMEP Site Overview City UGB Site Location State Parks - Campground Deschutes National Forest Deschutes County Smith Rock Stare 11ark Redmond ICROOKED RIVER RANCH SITE Total Acres: 51 Lots: 3 Opportunity Areas: 1 Opportunity Area Acres: 11.9 Capacity: 119 sites 2 THOMPSON LANE SITE Total Acres: 547 Lots: 7 Opportunity Areas: 7 Opportunity Area Acres: 98 Capacity: 300 sites 3 DRAFTER ROAD SITE Total Acres: 7 Lots: 7 7 - I '^y Opportunity Areas: 3 Opportunity Area Acres: 4.2 t6 Capacity: 63 sites © Miles / ECONorthwest 11 Crooked River Ranch Site Crooked River Ranch encompasses an expansive 10,000-acre area, offering a mix of residential, recreational, and commercial properties situated alongside Route 97, linking Redmond and Madras. The 9,900-acre rural residential section is comprised of 2,646 privately owned lots, while the remaining acreage has been developed to cater to both residents and visitors with an array of amenities. Notably, residents and guests alike enjoy access to the scenic Deschutes and Crooked Rivers, offering opportunities for activities such as hiking, fishing, and water recreation. Furthermore, the Ranch boasts convenient proximity to motorized and non - motorized trails overseen by the Bureau of Land Management (BLM). The proposed campground location is positioned in close proximity to Eagle Rock and provides access to the existing recreational offerings within Crooked River Ranch and in the surrounding federal and state lands. The Crooked River Ranch Site, located in unincorporated Deschutes County, encompasses tax lots 141214B 100, 200, and 300. Situated along a segment of the Deschutes River designated as a State Scenic Waterway by the State of Oregon, this site offers a unique natural setting. The majority of the area falls under the Rural Residential 10 (RR10) zoning, with a Landscape Management (LM) Combining Zone. In the northwest corner, near the Deschutes River, a section is zoned as Floodplain (FP). The adjacent properties to the east are designated as Exclusive Farm Use, while the properties to the north, west, and south maintain an RR10 zoning. Additionally, the eastern property is under the administration of the Bureau of Land Management (BLM). Notably, the site holds the designation of a Rural Residential Exception Area (RREA) within the Deschutes County Comprehensive Plan. This unique location provides an excellent backdrop for the proposed campground. Fort Thompson Site The potential site at Fort Thompson Lane is located approximately one mile from the Bend Urban Growth Boundary (UGB) and roughly five miles from downtown Bend. These six county -owned undeveloped tax lots are situated in unincorporated Deschutes County to the west of Highway 97. Much of the property is covered in grasses, shrubs, and juniper vegetation, with the Swalley Canal running through it, providing some greenery and wildlife habitat. Its proximity to highway access, amenities, and retail options makes it an attractive choice, being on the edge of an urban area. Among the potential properties, the Fort Thompson Site is the largest, spanning approximately 550 acres. It incorporates several tax lots, including 1612340000400 and 800, 1612330000700, 1712040000100, and 171200000700 and 800. The site is zoned EFUTRB (Exclusive Farm Use, Tumalo / Redmond / Bend) which is an exclusive farm use (EFU) zone. Highway 97 runs through the southeastern corner of tax lot 1712030 800. To the north, neighboring properties have an EFUTRB zoning, while those to the east are designated as EFUAL (Alfalfa Subzone), and those to the west and south have a Multiple Use Agricultural 10-Acre Minimum (MUA10) EGONorthwest 12 zoning. Additionally, Highv, ay 9' is subject to a 1, uldscape Management (LM) Combining Zone overlay that extends approxi.mateiy a quarter-miie into the site. Drafter Road Sites Situated within the La Pine Urban Growth Boundary (UGB), Deschutes County possesses multiple undeveloped lots under consideration for a potential RV park or hybrid campground. Each of these lots is currently unimproved, sharing a Commercial -Mixed Use (CMX) zoning designation and covering approximately one acre of land per lot. These sites offer a strategic advantage as they are conveniently positioned just off Highway 97, accessible via Drafter Road, which serves as a minor collector road. Within a short walking distance from these lots, visitors can find a few dining establishments, a bowling alley, and retail stores offering essential goods and services. Moreover, these sites are in close proximity to a wealth of recreational activities and attractions, including La Pine State Park, golf courses, snow parks, the renowned Newberry Volcano, as well as Paulina Lakes and hot springs, making them an enticing option for potential campers and outdoor enthusiasts. Additionally, the Drafter Road site holds the highest potential for offering short-term transient lodging options due to a distinct code variation. Unlike the Deschutes County Code, which imposes a maximum stay of 30 days, this site's code does not specify a maximum length of stay. Initial Site Visit Summaries On August 28, 2023, site visits were carried out in the company of Jen Patterson and Kristie Bollinger from Deschutes County, as well as the ECONorthwest project team, including Mark Buckley and Alicia Milligan. These site visits had several objectives: to establish a spatial understanding of each site, to compare ESA's site analysis with elements that correspond to various types of campgrounds or RV park development, and to formulate additional inquiries for engagement with stakeholders and County officials. It's essential to acknowledge that the observations and findings presented here reflect initial impressions during the site visits. Nevertheless, further assessments, encompassing transportation, geotechnical, and cultural considerations, will be necessary to determine the feasibility in subsequent stages of site design. Crooked River Ranch Upon our assessment of the Crooked River Ranch site, we uncovered that the current zoning, designated as RR10 (Rural Residential with a 10-acre lot minimum), prohibits the development of a campground or RV park. Our initial impression of the site had leaned towards its suitability as a potential trailhead or walk-in tent site. However, several constraints, including road enhancements, utility access, significant rock removal requirements in the opportunity area, and steep slopes, make the Crooked River Ranch site the least feasible among the three potential locations. Subsequent discussions with CDD and County officials may guide future decisions regarding development options for this site. ECONorthwest 13 Fort Thompson Site The Fort Thompson site appeared to offer adegLiaLe space for the potential establishment of a recreational campground and RV park. Opportunity Area 1 in the southwest portion of the site boasted generally flat terrain, ideal for mixed recreational camping and RV sites. Notably, noise from Highway 97 was not a significant issue in Opportunity Area 1. However, Opportunity Areas 2, 3, and 4 presented more significant development challenges due to restricted access imposed by the Swalley Canal and lateral canal, which are subject to easements held by the Swalley Irrigation District. Construction restrictions and potential conflicts during the canal piping phase were also highlighted. Our vision for the potential of the Fort Thompson Road site primarily includes a recreational RV park and campground in Opportunity Area 1, complemented by recreational amenities such as walking trails, biking trails, picnic areas, and possibly a playground in Opportunity Areas 2, 3, and 4 in the northeast portion of the site. Despite its potential, the development challenges include, obtaining approval of a Goal exception, direct access issues, the presence of high -value farmland surrounding opportunity areas, and canal barriers. Drafter Road Drafter Road offers three potential opportunity areas within the City of La Pine, each surpassing the minimum 2-acre requirement for RV parks and campgrounds. Opportunity Area 1, the largest among them, slightly exceeds 3 acres, although its narrow shape and setback requirements may pose site design challenges. Two lots separate the three opportunity areas, but acquiring these lots could expand the RV park's capacity. If purchasing the lots proves feasible, we envision this site primarily as an RV park, potentially addressing short-term housing needs. Similar RV parks in the vicinity offer monthly rentals for full hookup-30amp sites in the $600 to $800 range. These opportunity areas benefit from direct Highway 97 access, as well as dining options and services bordering the western side of the site along Highway 97. However, the site faces challenges including limited capacity in each opportunity area, issues with road access and walkability, the necessity of a conditional use permit for an RV park or campground in the Commercial -Mixed Use zone, and other site design requirements detailed in the ESA technical site feasibility analysis. On a positive note, local road circulation improvements proposed in the Wickiup Junction Refinement Plan could enhance vehicular access and walkability via a new "backage road." Among the three potential sites considered in this feasibility study, Drafter Road stands out as the most viable option for an RV park. Stakeholder and Community Perspectives As part of an attempt to gain community perspectives on the potential sites, we received a letter from Friends and Neighbors of Deschutes Canyon Area (FAN) on July 18, 2023 via Deschutes County Commissioner Phil Chang (see Appendix 4 for full letter). The letter from FANs expressed concerns regarding the development of a campground on a 50-acre County land parcel near Lower Bridge Way (Crooked River Ranch Site), located on the west side of the ECONorthwest 14 Deschutes River. FANS the importance orfering additional. recreational opportunities in the area but raised several key issues about the suitability of the chosen site. They emphasized their mission to preserve and restore the natural landscapes of the region. The main points of concern raised by FANs are as follows: 1. The largely undisturbed natural state of the 50-acre parcel, which borders BLM property and is designated as Wild and Scenic River (W&SR) land. They argue that restoring previously abused land and promoting responsible recreation could be a more worthy effort. 2. The terrain and limited level areas of the parcel, with approximately 10 acres suitable for a drive-in campground. 3. The existing county, state, and federal restrictions on the use of W&SR-designated land. 4. The likelihood of local private landowners not supporting an overnight campground project. FANs proposed a more suitable location for the campground on a 50-acre parcel within the Steamboat Rock Recreational Area (SRRA), located on the opposite side of the river south of Lower Bridge Way. They argue that this location, included in a proposed BLM plan for enhanced management, offers a more favorable terrain, better access for motor vehicles, lower development costs, and integration into the existing trail network. They suggest that the County pursue a land exchange with BLM for this alternative location, which they view as a "win -win" solution. Overall, FANs expressed reservations about the chosen site for the campground and advocated for an alternative location with the potential for lower costs and better alignment with their mission. ECONorthwest 15 5. Site Assessments Environmental Science Associates (ESA) collaborated with ECONorthwest for the Deschutes County Camping Feasibility Study, focusing on the County's three sites of interest: Fort Thompson Lane, Drafter Road, and Crooked River Ranch. Their work included preliminary site and environmental analysis, gathering essential background information from various sources, conducting site visits, and assessing the sites for development potential, considering environmental impact, infrastructure requirements, easements and regulatory requirements, and potential neighboring concerns. ESA's analytical approach encompassed a desktop analysis of current natural resource and land use data for three identified development sites suitable for RV parks or traditional campgrounds. Additionally, ESA sought insights from Deschutes County and La Pine land use planners regarding code interpretations. Notably, no technical field investigations were carried out as part of this assessment. Current Regulatory Environment and Campground Development Considerations Oregon Administrative Rules (OARs) and Oregon Revised Statues (ORSs) A stakeholder interview with Deschutes County indicated that several OARs (Oregon Administrative Rules) and ORSs (Oregon Revised Statutes) might apply the Fort Thompson Land and Drafter Rd sites. These rules and statutes were documented in a memo (Appendix 5. CDD Memo - Review of Opportunities and Constraints Error! Reference source not found.) from Will Groves, Planning Manager at Deschutes County, dated September 21, 2023. Two administrative rules require additional clarification and consideration: Proximity to an Urban Growth Boundary: OAR 660-033-0130 (19) - Private campgrounds shall not be allowed within three miles of an urban growth boundary (UGB) unless an exception is approved pursuant to ORS 197.732 and OAR chapter 660, division 4. Any application on the Fort Thompson Ln or Drafter Rd properties would require a Goal Exception. The outcome of this process is unknown and may add significant time, risk, and cost to the process. Implication to the feasibility of campground development: This OAR referenced "private" campgrounds, which may not apply to the proposed project. Additional clarification of ownership and management of the campground is recommended. The Fort Thompson Ln and Drafter Rd sites are within 3 miles of an UGB. Proximity to Natural/Recreational Amenity: OAR 660-033-0130 (19) requires campgrounds to be established on a site or contiguous to lands with a park or other ECONorthwest 16 outdoor natural amenity t1Gis is accessible for recreation, _!se by clue occupants of the campground. Implication to the feasibility of campground development: If other regulatory obstacles could be achieved, this standard may be met by the establishment of an on -site park or natural amenity for the Fort Thompson Ln and Drafter Rd sites as they are not currently adjacent or contain these types of features. State and County Land Use Regulations Both the Crooked River Ranch and Fort Thompson sites are located in unincorporated Deschutes County and are subject to a range of state statues as well the Deschutes County Code (DCC). Deschutes County Planning staff summarized relevant state statutes, administrative rules, and caselaw in a September 1, 2021 memorandum to the Deschutes County Board of Commissioners.' Staff provided the following assessment of issues related to recreational vehicle park expansion; "Assessment: In coordination with County Legal Counsel, based on recent Land Use Board of Appeals (LUBA) case law (see Section V), it will be extremely difficult to entitle RV park expansions. Even if Goal 14 exceptions are attained, the entitlement, infrastructure costs, and in most areas, groundwater conditions, will present significant challenges to resolve, leading to a time consuming and expensive process at the outset." While the memorandum pertained to seven existing RV parks in unincorporated Deschutes County, the assessment also pertains to the two study sites outside of UGBs (Fort Thompson Lane and Crooked River Ranch). The key point to underscore here is that obtaining the comprehensive plan amendments and zone changes for these sites is far from certain and may represent an unacceptable risk. Appeals could result in costly delays as well as impacting public perceptions. DCC 18.128.015, which outlines General Standards Governing Conditional Uses, encompasses compatibility criteria for campgrounds. These criteria include: A. Suitability of the proposed use based on factors such as site characteristics, transportation access, and natural features. B. Compatibility of the proposed use with existing and projected uses on surrounding properties. Moreover, DCC 18.128.016 and DCC 18.124 require Site Plan Review for any Conditional Use, addressing various aspects, including site landscaping, visual impacts, natural feature 1, Memo from Peter Gutowsky, AICP, Planning Manager to Deschutes County Board of Commissioners, September 1, 2021. ECONorthwest 17 preservation, safety, ADS der;ib,l con-�vliance; on -site ace��ss, circulation, part<in.r�, and transportation. Specific conditional use standards under DCC 18.128.320 pertain to campgrounds and cover outdoor recreation, access, water supply, and sewage disposal. These standards encompass: ■ Maintaining a minimum of 65 percent open space/undeveloped. ® Campsite minimum size of 1,600 square feet. ■ Providing at least one parking space for each campsite. ® Ensuring direct access from designated streets or roads. ® Establishing specific roadway width requirements. ■ Adhering to setback regulations, with exceptions possible based on screening and buffering. ® Demonstrating availability of adequate potable water and sewage disposal systems, subject to approvals by relevant authorities. Additionally, the project may be subject to further conditions imposed by the Planning Director or Hearing's Officer, as outlined in 18.128.020. These conditions could encompass various aspects, including operational hours, noise and lighting limitations, lot size adjustments, building specifications, street improvements, and protection of natural resources. Deschutes County Comprehensive Ptan In Deschutes County, most rural areas are reserved for agricultural, forestry, or other resource - based purposes and are safeguarded as outlined in the Resource Management section of the Comprehensive Plan. The intent of this section of the plan is to steward the county's agricultural, forested, natural, and cultural resources efficiently, catering to current needs while preserving their benefits for future generations. The Fort Thompson project site includes Agricultural lands (Ag) and Open Space and Conservation (OS&C) resources. Agricultural Lands — As mandated by Statewide Planning Goal 3, counties must conserve and sustain agricultural lands. Deschutes County acknowledges that much of its farmland is suboptimal, particularly without the aid of irrigation. The climate, marked by a brief growing season, poses significant challenges to commercial agriculture. Statewide Planning Goal 3 does not fully reflect Deschutes County's unique conditions, leading to agricultural zoning on lands without a history of farming and with scant prospects for profitable agriculture. There is substantial pressure to repurpose agricultural land for residential or other developments. This issue is intricate, with potential repercussions for the agricultural community when land is diverted to non-agricultural uses. For instance, farmers with residential neighbors may face challenges due to the noise, odor, or dust generated by farming activities. Any proposed campground development must consider the objectives and policies of Agricultural Lands (Section 2.2) detailed in the Plan, conducting a farmland assessment pursuant to DCC 18.16.040. ECONorthwest 18 These policies aim to provide within the p,:+rameters of State f i.J.delines, the flexibility to ensure a diverse array of viable paths to profitability. Open Spaces — These areas are protected by the Open Space and Conservation map designation and corresponding zoning district. The Plan's open space objectives promote development designs that harmonize with the natural terrain. The design for the proposed campground development should align with the Open Space policies (Section 2.7) of the Plan, fostering integration with the surrounding landscape. City of La Pine Development Code The Drafter Road Site falls within the La Pine city limits and is subject to the City of La Pine Development Code. It holds a Commercial -Mixed Use zoning, with camping and RV parks designated as conditional uses. The City of La Pine Development Code (Section 15.14.200) defines campgrounds and RV parks as follows: A. Definition. Campgrounds and recreational vehicle parks are park -like facilities containing sites or spaces for the temporary and recreational occupancy of persons in tents and/or recreational vehicles. Such a facility may also contain recreation and other support facilities subordinate to and serving only the camping occupants. ■ B. Examples. Examples are limited to campgrounds and recreational vehicle parks. ■ C. Accessory uses. Accessory uses may include common bathrooms and showers, common laundry facilities, offices, a caretaker dwelling, and recreational amenities. Furthermore, the City of La Pine Development Code (15.108.020) outlines specific use standards for campgrounds, which encompass the following: Recreational vehicles may not stay within the campground for more than 30 days within any 60-day period. 2. Required building spaces must meet specific criteria, including lighting, ventilation, heating, flooring, sanitary surfaces, and floor drainage. A well -kept appearance must be maintained at all times, with no external storage of materials or equipment, excluding vehicles. 4. The project must provide evidence of eligibility for a sanitation certificate, as required by state law. The project's compliance would extend to the conditional use approval criteria detailed in Chapter 15.316. These criteria comprise: 1. Adherence to specific standards, conditions, and limitations within the primary zone. 2. Evaluation to ensure the proposed use remains within resource and public facility carrying capacities, covering aspects such as transportation, water, sewer, and utility systems. ECONorthwest 19 3. Evaluation for with air, w�atee; ;ond, c-,Aid waste, ?nd 310i5e poliUtioi-I standards. Tax Lot Title Reports A comprehensive title review was conducted for all tax lots situated within the opportunity areas of each site. Deschutes Title in Bend, Oregon undertook the report's creation, and an internal review was carried out to summarize any easements or encumbrances found on the properties. These findings were then relayed to ESA for inclusion in their Site Analysis. The memo detailing ECONorthwest's title review is available in Appendix 3. ECONorthwest 20 c 01. I � rC ) 70 N (3) T7 L2 a E U) (6 • • Eco N o o +-+ - (o O 'C3 c U) c a) U) a) Y cVi) •+'"• a c 'Td R (o O •� n3 N inU a) co Q a) oA G O C Y °� -0 aa)) 'a u-0 U) N a) X N 45 N tl7; a co o O >, va- a'Ji U O aJ 14� E a E U 'E O N V 3 U X a o x W N U N O >, O � t oN c a) 30-� w >,CLa) U a) s� O o o m Z O U X a) O N C 4) co .o (n cn cz v - per O c � (n=U+ �-0 >,� co �� Z m 3 c m E x o (n(oc.) (na)a co 4 v .-a a +.. � � o' Q, (a + (°n a) Rio m tzo a; nA cu cl E a 0 m V N H a) (n c a-0 a) c:-oE c a) c io E c w o w co c o c 1 O *_ o c o 0 a' U co c i ._ u) UnU (coUN fnU (oUN cn w V a 't Q O uLA ) s~ N o m 00 00 in i a) m (n s `—° > ca 2i U 00 a ¢= C c m c- O a) aJ M N >, I- (o n3 00 O co 00 P 'x 0 U .-I c N> LL M Z ti co c LL a) c _c O N c N a _ c a a) a c° n c .. c E - c c ._ O LL-C x .N (Dc c c CL m c E � co c E i N N () (6 O LL w V) a) o o (n a o c o N ^� N O m O m N W �� mU O(n U c6U v O -" • .Si li V .a :7 Oc NpA fn 0) a) N(6 aO+ U) —0 E M UOA Oi T ® o b o r ¢ i ° cco li o= ma M U i oo41 y i o 0¢ N a O c C= O Q) E R eN-IU) p)Y p Q.0 3 v>_ DOE cn m o ¢. M w (f) 3 O z O Q W ";c N y O T Y U II > m7C3 Q O c> 0 U) 0-O 4)ca ' U)cn Oo-a0 X o 0 QCc)o co LO P CoH cn N C O z 0 m 0 a o N N N 3 0 z O U W Crooked River Ranch Site Summary The site is situated along a segment of the Deschutes River designated as a State Scenic Waterway by the State of Oregon. The majority of the site falls under the Rural Residential 10 (RR10) zoning, requiring a minimum of 10-acre lots, with a Landscape Management (LM) Combining Zone. A section in the northwest corner along the Deschutes River is zoned as Floodplain (FP). The neighboring property to the east is zoned Exclusive Farm Use, while the property to the north, west, and south is zoned RR10. Property to the east is also under the jurisdiction of the Bureau of Land Management. The site is designated as a Rural Residential Exception Area (RREA) in the Deschutes County Comprehensive Plan. The site is situated at the terminus of NW 84th Court, designated as a local road according to the Deschutes County Transportation System Plan. However, this designation does not meet the access requirements for campgrounds or RV parks outlined in DCC 18.128.320.B.1. The National Wetland Inventory (NWI) indicates an intermittent stream on the western portion of the site, flowing north to the Deschutes River. A narrow band of scrub -shrub wetland is also present along the Deschutes River. For RR10 zoned parcels, building and fixture setbacks for all streams are required to be at least 100 feet from the ordinary high water (OWH) line. Depending on the duration of streamflow and the nature of intermittent streams mapped by NWI, these may not qualify as regulated water bodies. A field investigation conducted by a wetland professional is necessary to confirm the presence and extent of wetlands and water resources on the property. FEMA maps delineate a 100-year floodplain along the Deschutes River. The Crooked River site and its vicinity contain rocky outcrops within the LM zone that appear to meet the DCC's definition of rimrock, characterized as any ledge, outcropping, or top layer of rock with a face exceeding 45 degrees and located within the canyon of the Deschutes River. In LM zones, new buildings are required to have a minimum setback of 50 feet from the edge of rimrock. The site features dynamic topography, providing dramatic internal views to visitors. Limited circulation routes are due to the canyon -like topography, but an existing double -track trail linking NW 84th Ct. to the Deschutes River riverbank offers a rewarding and immersive experience, characterized by exposed basalt cliffs, steep canyon walls, and a sense of exploration. Elevated vantage points across the site offer visitors views of the Deschutes River and select views of the Cascade Mountain range. Tax lot 141214B000100 displays a sizable flat area with potential for program development. Establishing a vehicular access route to this opportunity area (refer to figure 1.0) may involve traversing the rocky terrain near the terminus of NW 84th Court, likely requiring re -grading. A geotechnical study is essential to assess the feasibility of entry drive construction and associated challenges. ECONorthwest 23 It's nnportant to note that Campgrounds and RV Parks are neither listed as Permitted Use (18.60.020) nor Conditional Use (18.60.030) in the RR-10 zone. 'Therefore, developing this site for such purposes would not be permitted unless there were a zoning change or other significant land use procedure. You can view the land use regulation details, along with the specified opportunity area for a campground at the Crooked River Ranch site in Exhibit 13. ECONorthwest 24 Exhibit 13. C.yooked River Ranci.I QpporWnid:�is ard Const re iits Site Anaiysis Source: ESA V, NX i - RR 10 0 NING CAMPSITE SETBACK TOO, -�n 41gt 30'FRONT YARD SETBACK- ASSUMES ROADWAY CLASSROAD CLASS :RURAL LOCAL UPGRADE TO COLLECTOR ............. . ............. Deschutes County Camping Feasibility Study Figure 1.0 - Crooked River Ranch ESA Site Analysis ECONorthwest 25 Fort Thompson Lane Site Summary The Fort Thompson Lane site is governed by Goal exceptions as stipulated in the "Current Regulatory Environment and Campground Development Considerations" section of this document. Additionally, under the Deschutes County Code for land use regulations, RV parks are not allowed on the Fort Thompson Lane Site, which is zoned as EFU and OS&C, rendering it inappropriate for such use. Should a Goal exception be granted, the Deschutes County Code mandates that campgrounds receive conditional use approval, necessitating a conditional use permit and an LM review, especially for plots zoned EFU. A soil study, to be undertaken by a certified soil scientist, is essential to pinpoint areas least conducive to agriculture, facilitating non-agricultural activities. Access to the site is currently through a private road, which doesn't meet DCC 18.128.320.B.1 access requirements. To make the site viable for a campground, it must be accessible via a roadway classified as arterial or collector. The possibility of acquiring an easement or partial land from the adjacent tax lot 1612330000800 for driveway access from Hunnell Road, designated as a Collector, should be explored with input from Deschutes County transportation planners. Mapped natural resources at the Fort Thompson Road Site include the Swalley Irrigation Canal, a lateral canal, and artificial ponds. Artificial/excavated ponds are exempt from stream or natural resource setbacks. Easements exist on both sides of the canals, presenting access challenges as no roads or utilities can cross them, effectively segregating the site into three unconnected areas. Opportunity areas 1 and 2, primarily accessed through an easement or land acquisition from tax lot 1612330000800, are the most suitable for a traditional campground, as illustrated in Exhibit 14. These areas offer ample space to meet open space requirements and minimize complexities with the irrigation district. They also benefit from being away from highway 97 noise, provide views of surrounding landscapes, and offer a unique camping experience. Precise development boundaries necessitate a soil study and consideration of outcroppings within the LM zone (specific to opportunity area 2). You can view the land use regulation details, along with the specified opportunity areas for a campground at the Thompson Lane site in Exhibit 15. Refer to the Appendix 2, "Utility Needs and Availability — Deschutes County Campgrounds," for utility aspects. ECONorthwest 26 Exhibit 14. Thompson Lane Site. Oppo,tunity Areas Source: ESA L°�ma No;ci t. S•- 20(m ste mk, 1 c»unrty arna n%�as9e f I I I ' L------� ' 4 1 I� N I F-•-•••• LOCAL ACCESS ROAD 1� PUM RESTRICTED ACCESS LOCAL ACCESS ROAD A Deschutes County Camping Feasibility Study Figure 2.OA - Fort Thompson Rd Opportunity Areas ECONorthwest 27 Exhibit 15. Thompson Ln Opprirt ;riities Site Analysis Source: I -Sri LoparW ra,f Tha ,— Rd Site B Iildo,y Contour (5 (od) Cafth, (I loot) S4rw4' — — — TLghts of Woy ... Canal b,rtler and Right d My — — -- - too' (:ampsdo Wd lax IlovMoPM Cwry,g,ro,M SatW * ----- Easement . seo Plan lot d—Plion Ta h, 7.,,, FFUM' Zon. .g FFUiR6' (rn, �roVMfaY) Z,,ux)- MUAIO Z.,.q - otiP.0 %m,a,g RI `s. SW M Cbv}a(np Willy Bond (h,,jb vale, IWI-M) '.. SSA JOB Deskdh,,Gwr"i-iV-(1ion nigh — forndand)' SW 58C C,ff> Rock oNaoP Oe�.,knn,P Wfhh' iX (non high vaEun larm!mvJl' Roignbo, pnvory and nasa considera4wls > 5?A Slogns - oc'gX1dVnA`J meo nnn:ltt-iv±I.�,na2flA lot n7ryxxt;:n,ty moa oxlEvuv - ,n;lgau�nds —3 RV Parks RRto Imlas Sc•(twck�ra,; �tm-do�ts to l?x adlosN Id +M�vrg,ur 1Wo{q_us.xluw S?wankz kYm lrokaroa7ly hi, as,M by Iiv hbnna,g doPn�llnixM J ne Us r wig nvnl mseila,ns m, ew±., ea;®awm:o n—, o,v nngaoon r ural and pout+ Ilanvnission i�nes an tar In!; Hkhrg m'01) and 100 A — " �I — — Deschutes County Camping Feasibility Study ESA Figure 2.0 - Fort Thompson Rd Site Analysis ECONorthwest 28 Drafter Road Site Summary At the Drafter Road Site, securing a conditional use permit from the City is essential for establishing a campground or RV park, both defirted under Section 15.14.200 of the city code. Notably, a 50-feet setback from property lines is mandated for camp sites, tents, and buildings, with an exception for recreational vehicles. Approval for RV parks or campgrounds on lots smaller than 2 acres isn't guaranteed, according to La Pine Planning. Development on conjoined lots that meet the 2-acre minimum requires a lot line adjustment through a Type 1 procedure to combine these lots. The implementation of the Wickiup Junction Refinement Plan may affect lot sizes within the study area, potentially reducing County -owned lots to less than 2 acres (see figure 3.2 in Appendix 1. ESA Technical Memo - Land Use Review). Sidewalk improvements may be necessary on Drafter Road. No other regulatory or environmental constraints have been identified. Opportunity area 1, as illustrated in Exhibit 16, at Drafter Road Site stands out as the prime location for an RV park due to its ample acreage, design flexibility, and potential for multiple vehicular and pedestrian access points. Opportunity areas two and three meet the requirements for development, but it's important to note that if the Wickiup Plan advances and requires a right-of-way (ROW) dedication on the western part of these areas, their size may fall below the 2-acre threshold for RV park development. Lot line adjustments to combine lots will be necessary for all opportunity areas. For utility considerations, please refer to Appendix 2. ESA Memo - Utility Needs and Availability - Deschutes County Campgrounds. While a traditional campground is permissible at this site, the region's developed nature suggests that better options may exist for campers seeking an immersive outdoor experience. ECONorthwest 29 Exhibit 1.6. Drafter Rd Site Opportunity kegs and Analysis Source: ESA 1 Ole. Rd sit. bounds V k /9 FI DE I ung. LPM) 7.—Q I. P-MUc 0. —.,—Wy) 7.—q UIR 110;of -Y C.— (I WO I-PWWd—,PI— a W in a NOTES A"(.;Y II1PqI32Y891-f,—LtCI ,&,dNly02Re1-14 . 1—W-1-1 f,02 1) Clp�,-,, 3 = 2 02 aces Deschutes County Camping Feasibility Study Figure 3.0 Drafter Rd Area ESA Site Analysis ECONorthwest 30 Site Utilities and Accessibility ESA investigated infrastructure needs quid utilities accessibility for RV park or campground development. Deschutes County campgrounds must comply with specific infrastructure requirements, including providing clean water, restroom and shower facilities, sewage treatment, lighting, picnic areas, and waste disposal sites. Proposed campgrounds must have essential utility infrastructure, including clean water, sewage management, and electricity on - site. Stormwater management must adhere to the Central Oregon Stormwater Manual (COSM) guidelines. While natural gas is generally unnecessary due to most RVs using propane tanks, the potential for natural gas service was explored. There's also consideration for on -site propane filling stations. Telecommunications service may be required for on -site management, RV cable TV connections, or other amenities. All three sites were evaluated to ensure utility availability for their proposed improvements, encompassing potable water, sanitary sewer, electricity, stormwater, natural gas, and telecommunications. The available or accessible infrastructure is summarized in the following Exhibit 17, while the complete utility needs and access report, including utility location maps, can be found in Appendix 2. Exhibit 17. Summary of Utility Access for Each Site Source: ESA Water Sewer Power Stormwater Natural Gas Tele- communications Well Avion Water or Well City of La Pine Septic Septic City of La Pine Pacific Power Pacific Power Midstate Electric Co-op Onsite surface treatment Onsite surface treatment Onsite surface treatment None available No wired service, fixed wireless available None available Wired service available None available Wired service available ECONorthwest 31 Plans6. RV Park and Campground Operational and Finance As part of our feasibility analysis, we formulated straightforward pro formas for hypothetical RV park developments in three Deschutes County -owned locations. Each pro forma involved the computation of the Internal Rate of Return (IRR) for the entire RV park development process. IRR serves as a robust metric for financial feasibility, effectively gauging the projected compound annual rate of return for the development. Summary of Analysis Methods: The analysis methods used in this study encountered a significant challenge due to the limited availability of consistent data concerning the RV park business in Oregon. Furthermore, the wide variations in RV park quality, design, amenities, target demographics, and operational standards added complexity to the assessment. Speculating on potential actions for each of the three locations was a daunting task. We made our best effort to gather valuable data and estimates by leveraging our expertise, various industry sources, and our understanding of the lodging i ndustry's dynamics in Oregon. Subsequently, we constructed an Excel workbook that allows for adjustments to key assumptions as more information becomes accessible. The following section offers a summary of our modeling process and the underlying assumptions. RV Park Segments The RV park market in central Oregon can be divided into two segments: recreational and non - recreational. The primary distinguishing factor between these segments is seasonality. Both types attract vacationers, but non -recreational parks tend to have a higher number of long-term guests, resulting in more consistent monthly revenues. Recreational RV parks, on the other hand, host fewer long-term guests, and their occupancy rates exhibit greater seasonality. In our analysis, we assumed that the Crooked River Ranch site would fall under the recreational category, and we constructed our model using data from RV parks at Tumalo and LaPine Oregon State Parks. In contrast, we categorized the Drafter Road and Fort Thompson Lane sites as non -recreational. For these sites, we modeled their seasonal demand patterns using historical data from the Deschutes County Expo Center RV Park. It's essential to note that our pro formas are constructed based on limited data, serving the purpose of comparing the relative financial feasibility of the three locations. If the County decides to advance from the conceptual phase to the planning stage, we strongly recommend dedicating resources to refine the assumptions used in the pro formas presented here. This process can lead to the expansion of the pro formas, which are provided in the accompanying Excel workbook. ECONorthwest 32 Determining the Natural Occupancy Rate One common mistake in lodging studies, woether they pertain to hotels or RV parks, is to rely solely on recent trends. This approach can be misleading because building an RV park represents a long-term investment. What truly matters is not the current conditions, but where market conditions tend to stabilize over time. Two critical data points for assessing market conditions are the occupancy rate and the average daily rate (ADR). The occupancy rate signifies the percentage of available RV sites that are typically sold on an average day. The ADR, on the other hand, represents the price paid for a one-night stay in the average site, excluding taxes or additional charges. In instances where occupancy rates are unusually high, ADRs tend to be exceptionally elevated, and RV parks demonstrate significant profitability. During these periods, additional supply is introduced into the market. However, it can take several years for this new supply to materialize. Conversely, when rates are exceptionally low, RV parks can become unprofitable, leading to gradual closures. This adjustment process unfolds slowly because it requires time for supply to adapt to shifting demand. This cyclical pattern is why the hotel and RV park businesses are cyclical. Investment pro forinas should be grounded in the rates at which long-term supply and demand reach equilibrium, commonly referred to as the natural occupancy rate'. These rates vary from one market to another, primarily influenced by factors such as climate and the types of visitors the market attracts. For example, locales primarily catering to business travelers typically maintain high natural occupancy rates because business visits tend to be non -seasonal. In contrast, destinations catering to family vacationers, with seasonality in their visits, tend to have lower natural occupancy rates. While calculating the natural occupancy rate for lodging in Deschutes County based on historical market data, unfortunately, we couldn't find consistent historical data specific to RV parks in the county for calculating the natural rate. However, prior research has indicated a close relationship between RV park supply and demand and hotel room supply and demand. To estimate the natural rate, we utilized data from STR Global, encompassing 160 months of hotel room supply, demand, and ADR information from over 70 hotels in Deschutes County. Natural Occupancy Rate Findings Our analysis indicates that the natural occupancy rate for hotels in Deschutes County is 58.7 percent, with a corresponding natural real ADR of $130.96 (in 2022 dollars)'. These rates are slightly lower than the current market conditions. For the year ending in April 2023 (the last 12 deRoos, J.A. (1999) "Natural Occupancy Rates and Development Gaps — A Look at the U.S. Lodging Industry," Cornell Hotel and Restaurant Administration Quarterly Volume 40, No. 2, April 1999, 14-22. 8 Real ADR is expressed in 2022 dollars. Real ADRs are the actual reported amounts adjusted by taking out inflation and expressing them in 2022 dollars. Doing this improves the accuracy of the analysis. ECONorthwest 33 r in.onths of historical data ava -fable for this project}, the accuhancy :stood at 60.7 percent, and the real ADIZ was $150.61 per roona night. Exhibit 18 visually represents the relationship between the natural occupancy and the actual occupancy rate using a 12-month moving average. This moving average helps eliminate seasonal fluctuations from the exhibit. Exhibit 18. Deschutes County Hotel Market Natural and Actual 12-Month Moving Average Occupancy Rates, 2010 - April 2023 Source: ECONorthwest analysis using STIR Global data. 70% 6 5% 60% 55% 50% 45% 2010 2012 2013 2014 2016 2017 2018 2020 2021 2022 Natural occupancy rate Monthly occupancy rate Based on our analysis, it's evident that the lodging market in the County has been operating above its long-term equilibrium in the past year. To reach a balance between supply and demand, an additional 98 hotel rooms would have been required. It's worth noting that the average hotel in Deschutes County currently boasts 68 rooms. Notably, hotel market demand has been steadily increasing at an annual rate of 3.4 percent since 2009. If this trend continues, the lodging market will necessitate more capacity in the future. The anticipated higher occupancy and real ADRs will provide a solid foundation for investments in new supply. Given that RV parks operate within the same general market, an expansion in RV site capacity is indeed justified. Utilizing the Natural Occupancy Rate to Estimate Monthly Occupancy at RV Parks As previously mentioned in the introduction, we were provided with monthly occupancy data for three existing RV parks in Deschutes County. In Exhibit 19, we present the occupancy rates ECONorthwest 34 since January 2021 (post-pan&niic) for Deschutes County hotels. Throughout this period, the annual occupancy rate exceeded the natmai occupancy rate of the market by 3.4 percent. We adjusted the observed hotel occupancies to reflect what they would have been if long-term supply and demand in the market had been in balance, denoted under the heading "County hotels at NOR." Subsequently, we recalibrated the rates for the two types of RV parks to align with the natural occupancy rates and the broader market trends. Exhibit 19. Deschutes County Hotel and RV Occupancy Rates by Month Since January 2021 Recalibrated to the Natural Occupancy Rate for the County Source: ECONorthwest analysis using STR Global, Oregon State Parks, and Deschutes County data. Month Deschutes County hotels since Jan. 2021 County hotels at the NOR Non -recreational RV at NOR Recreational RV at NOR Jan 44.4% 42.0% 29.8% 27.8% Feb 50.6% 47.8% 31.0% 31.1 % Mar 59.2% 55.9% 37.3% 51.2% Apr 60.7% 57.3% 47.7% 66.7% May 64.6% 61.0% 59.0% 77.6% Jun 75.9% 71.7% 71.5% 95.1 % Jul 79.2% 74.8% 77.4% 88.3% Aug 75.6% 71.4% 64.0% 83.9% Sep 72.7% 68.6% 69.4% 74.7% Oct 64.7% 61.1 % 53.9% 76.6% Nov 50.5% 47.7% 32.6% 49.2% Dec 47.1 % 44.5% 31.7% 33.9% Annual 62.1% 58.7% 50.4% 63.0% The estimated annual natural occupancy rate for non -recreational RV parks is 8.3 percent lower than that of hotels. This discrepancy mirrors similar findings from our previous research in other regions of Oregon. RV use is notably seasonal due to weather conditions impacting recreational activities and travel conditions. In contrast, for recreational RV parks, the natural rate is 4.3 percent higher than hotels, as expected. This reflects a visitor market where outdoor recreation serves as the primary draw. Moreover, in Oregon, RV parks in recreational settings offer a level of access that few hotels can rival. For our pro formas, we employed the monthly natural occupancy rate pattern of non -recreational RV parks. However, we assumed that these rates would be achieved after the 36th month of opening. Such a pattern for stabilization is typical in the lodging industry due to the time required for repeat business to develop and for market awareness to grow'. Consequently, a 36- month stabilization pattern was applied in the pro forma. 9 O'Neill, John. "Hotel occupancy: Is the three-year stabilization assumption justified?" Cornell Hotel and Restaurant Administration Quarterly, April 2021. ECONorthwest 35 As a representation of potential forecasted full operational occupancy, a monthly projection for the year 2033, based on site days sold using values from the Excel Workbook, illustrates a typical year after rate stabilization (Exhibit 20). Exhibit 20. Full Operational Occupancy Forecast Post Stabilization Period Source: ECONorthwest Ei114I41 7000 6000 -0 0 N 5000 ® 4000 v in 3000 0 H 1000 Jan-33 Feb-33 Mar-33 Apr-33 May-33 Jun-33 Jul-33 Aug-33 Sep-33 Oct-33 Nov-33 Dec-33 Drafter Road Site days sold Crooked Site days sold Thompson Site days sold Notes: Full operational occupancy expected by 2030 following a 4-year ramp up in visitation (based on 2026 opening) Other Pro Forma Assumptions For this preliminary comparative analysis, we have generated two pro formas outlining the project cash flows for the two hypothetical RV sites. Cash flow represents the difference between cash generated by the RV parks and cash outlays. It's important to note that these assumptions can be adjusted within the accompanying Excel workbook, as this analysis serves as a preliminary assessment. Cash outflows can be categorized into three main areas. The first is the opening costs, encompassing the expenditures necessary for planning, construction, furnishing, staffing, marketing, and supplying an RV park. For simplicity, we assume that all these expenses occur in June 2025. The second category comprises other operating costs, which include personnel costs (wages, benefits, and employer -paid payroll taxes) and general operating expenses. We anticipate that the County will manage the RV parks and have applied a 41 percent benefit rate on top of wages for the relevant job positions. ECONorthwest 36 The third category relates to ongoiii capital expenses, covering r_apif:al investments like new equipment, replacement assets, structures, and property improvements. It's important to clarify that the pro forinas assume that the development of these RV parks is carried out on a cash basis. This approach is chosen to eliminate the risk of miscalculating the fundamental profitability of the parks. Therefore, we did not factor in debt, as financing is considered unnecessary in determining financial feasibility. Furthermore, all dollar amounts in the forecast account for inflation, which we have incorporated using ECONorthwest's internal forecast for the consumer price index. The inflation rate stands at 4.0 percent at the beginning of 2025 and gradually decreases to approximately 3.4 percent over time. Our forecast presumes that all construction, development, and pre -opening expenses will take place in the calendar year 2025. Subsequently, we have projected the monthly operations of the RV parks, with the final year of the forecast extending to 2040. For completion, we assume a terminal value in 2041, which equals the cash flow for 2040 divided by a 10 percent capitalization rate. Regarding the square footage of the opportunity areas on which the RV parks could be constructed, we adhere to the industry rule of thumb, which suggests 10 to 15 RV sites per acre. This allocation allows ample space for access, separation between RVs, communal areas, and support structures. The ten -site allocation is appropriate for recreational RV parks, while the fifteen -site allocation suits non -recreational parks. It's worth noting that in the western U.S., half of all RV parks occupy 14 acres or less, with half of them reserving undeveloped acreage for potential expansion. On average, RV parks comprise 118 sites, and half of them have 80 sites or fewer." Below is a breakdown of the three locations, the number of RV sites, and our assumptions regarding average daily rates. Additionally, we factor in the assumption that guests would spend an additional 10 percent on amenities and other charges, excluding taxes. Total Opportunity In -season Off-season Property Potential Sites Average Daily Average Daily Area Acreage Rates (2023$) Rates (2023$) Drafter Road 4.2 acres 63 RV $45 $40 'Crooked River 11.9 acres 119 Tent/RV $70 $50 Thompson 98 acres *300 RV $45 $40 1 Crooked River Ranch potential number of sites is solely based on area available to develop and comparable rates for RV parks of similar size. The land use code does not allow camping of any type as it is currently regulated. *Note: Although there is room for a more substantial number of sites, we have conservatively assumed 300 sites, as the market may not have the capacity to absorb many more. 10 "2019 Industry Trends and Insights Report." National Association of RV Parks and Campgrounds. ECONorthwest 37 Market Cannibalization The addition of new supply to a market inevitably results in some patrons choosing the new RV park over existing ones, thus affecting the latter's occupancy. In economic terms, this phenomenon is referred to as cannibalization. It's important to note that cannibalization is a transient effect, as new RV parks tend to stimulate increased RV visits. Furthermore, in Deschutes County, demand has been experiencing robust growth. Hotel room demand has shown a 3.2 percent compound annual rate of growth since 2010, according to STR Global. Nationally, RV park demand, as reported by IBIS, has been growing at a 2.4 percent rate over the past decade. Despite these favorable economic conditions, some level of cannibalization is expected to occur, albeit for a brief period. Our pro forma takes this into account. The Drafter Road RV Park, relative to the overall supply of RV sites in the County, will be of a modest size. As a result, its cannibalization impact is expected to be similarly modest. In contrast, the Thompson property has enough land to accommodate over 1,100 RV sites. However, constructing such a vast number of sites in a single location would be imprudent. Consequently, our pro forma assumes a more reasonable count of 300 sites. Permitting Costs Typical permitting costs are included in the initial setup expenses for the three sites analyzed in this study, based on similar -sized campgrounds in other locations. Permitting costs for public and private entities are not expected to significantly differ at these sites. The Drafter Road site adheres to the permitting requirements of the City of La Pine, while the Crooked River Ranch and Thompson Road sites fall under Deschutes County permitting regulations. For relatively straightforward permitting procedures, a County planner or a contracted service could be employed, typically costing between $20,000 and $50,000. These permitting expenses would typically follow a design phase, which could cost $100,000 or more if outsourced. These cost estimates are most relevant to the Drafter Road site, given its current land use code and zoning conditions. However, the Crooked River Ranch and Thompson Road sites pose more design and permitting uncertainties, likely resulting in higher associated costs. Overcoming the land use code challenges outlined in the site analyses could be complex and, if contracted out, potentially costly. The process of updating the County's Comprehensive Plan and amending County code would likely exceed $100,000, especially if zoning changes are required. These steps must be addressed before commencing the land use process and permitting. Further exploration of options would be necessary if these avenues were to be pursued. Financial Feasibility Results Drafter Road appears to be the least expensive location to develop, with an estimated cost of approximately $3.7 million as summarized in Exhibit 21. However, being a smaller RV park, ECONorthwest 38 achieving cost efficiencies may r„ ;ens more ;ha 1engo!:, and we project its interrn.al rate of return (IRR) to be 11.0 percennt. Exhibit 21. Summary Results Source: ECONorthwest Property; Cost to Open 2025$ Project IRR Drafter Road $3,654,000 11.0% Crooked River $17,850,000 9.9% Thompson $21,600,000 10.6% Crooked River Ranch presents a challenging development opportunity, and we have reservations about its feasibility. Our best, albeit speculative estimate suggests it would require an investment of nearly $18 million to establish, with an anticipated return of approximately 10 percent. Thompson Lane is the largest site and could entail a cost of $21.6 million. However, there are uncertainties regarding these costs, and we recommend further research by engineers, architects, and construction experts to refine our estimate. The projected IRR stands at 10.6 percent. This assumption operates under the premise that it functions as a non -recreational RV park, essentially serving as an alternative to hotels. The County may want to contemplate enhancing the property by adding amenities and expanding mountain bike trails to boost its average daily rate (ADR) and improve peak -season occupancy rates. A higher recreational orientation in the park can lead to increased summer occupancies and ADRs, ultimately enhancing the IRR, provided the County effectively manages incremental capital and operating costs. It's worth noting that Thompson Lane site holds a unique competitive advantage due to its proximity to Bend, allowing it to potentially position itself as a hybrid recreational and non -recreational facility. The pro forma tables (Exhibits: Exhibit 22, Exhibit 23, Exhibit 24, Exhibit 25, Exhibit 26, Exhibit 27) illustrate the fundamental cash flows for the three RV location projects, spanning from construction through operations. In 2041, we introduce a terminal value that captures cash flows beyond 2040. RV parks in the United States typically have a long operating life, with half of all RV parks and campgrounds nationally having operated for at least 32 years." As an alternative framing of the financial feasibility of these campground sites, we can also evaluate the net present value (NPV) of the stream of costs and revenue applying a discount rate for future cash flows. Assuming a 5 percent discount rate, these same financial results from the pro forma analyses indicate an NPV of $3.0 million for Drafter Road, $11 million for Crooked River Ranch, and $15 million for Thompson Road. These are over a 15-year timeframe, and do ii Ibid., P. 6. ECONorthwest 39 not include the additional ::osts assccj i-J t�,i with perz-nittitlg,, zonitis, and other sand use challenges expected for the Crooked River Ranch and "i'he1r1pson Road sites. Pro Formas Drafter Road Pro Forma Exhibit 22. Drafter Road Pro Forma, 2025-2033 Drafter Rd 2025 2026 2027 Site days available 22,995 22,995 Site days sold - 8,003 9,779 Inflation rate 3.82% 3,50 % 3.43 % Occupancy rate - 34.8 % 42.5 % ADR $49.00 $50.66 Revenues RV space rentals Miscellaneous Terminal value Total revenue 28 2029 2030 2031 2032 2033 23,058 22,995 22,995 22,995 23,058 22,995 10,981 11,594 11,625 11,625 11,644 11,625 3.38 % 3.35% 3,35 % 3.35% 3.35% 3.35% 47.6 % 50.4 % 50.6% 50.6% 50.5% 50.6% $52.37 $54.12 $55.93 $57.81 $59.73 $61_74 392,162 495,447 575,036 46,811 59,140 68,649 $438,973 $554,587 $643,685 627,444 650,212 671,994 695,518 74,894 77,609 80,209 83,031 $702,338 $727,821 $752,203 $778,549 717,769 85,674 $803,443 Cash outflows Costs to open $3,654,000 - - - - - - - - Ongoing capital expenses 18,908 23,468 28,305 33,433 38,873 44,638 50,747 57,214 Personnel costs 133,514 138,091 142,759 147,544 152,486 157,594 162,875 168,328 Other operating costs 88,035 106,422 120,619 130,488 135,156 139,685 144,359 149,201 Total cash outflows $3,654,000 $240,457 $267,981 $291,683 $311,465 $326,515 $341,917 $357,981 $374,743 Project cash flow ($3,654,000) $198,516 $286,606 $352,002 $390,873 $401,306 $410,286 $420,568 $428,700 ECONorthwest analysis Exhibit 23. Drafter Road Pro Forma, 2034-2041 Drafter Rd 2034 2035 2036 2037 2038 2039 2040 2041 Site days available 22,995 22,995 23,058 22,995 22,995 22,995 23,058 Site days sold 11,625 11,625 11,644 11,625 11,625 11,625 11,644 - Inflation rate 3.35% 3.35% 3.35% 3.35% 3.35% 3.35% 3.35% 3.35% Occupancy rate 50.6% 50.6% 50.5% 50.6% 50.6% 50.6% 50.5% ADR $63.81 $65.95 $68.15 $70.44 $72.80 $75.24 $77.75 - Revenues RV space rentals 741,815 766,672 793,513 818,896 846,314 874,683 905„301 Miscellaneous 88,544 91,512 94,729 97,744 101,021 104,404 108,075 - Terminal value - - - - - - 4,993,880 Total revenue $830,359 $858,184 $888,242 $916,640 $947,335 $979,087 $1,013,376 $4,993,880 Cash outflows Costs to open - - - - - - - Ongoing capital expenses 64,059 71,298 78,950 87,034 95,572 104,584 114,090 Personnel costs 173,969 179,797 185,822 192,045 198,480 205,128 211,998 Other operating costs 154,200 159,363 164,697 170,221 175,922 181,816 187,900 Total cash outflows $392,228 $410,458 $429,469 $449,300 $469,974 $491,528 $513,988 $0 Project cash flow $438,131 $447,726 $458,773 $467,340 $477,361 $487,559 $499,388 $4,993,880 ECONorthwest analysis ECONorthwest 40 Crooked River Ranch Pro Exhibit 24. Crooked River Ranch Pro Forma, 202&2033 Crooked River 2025 2026 2027 2028 2029 __2030 2031 2032 2033 Site days available 43,435 43,435 43,554 43,435 43,435 43,435 43,554 43,435 Site days sold 18,755 22,943 25,805 27,308 27,441 27,441 27,478 27,441 Occupancy rate 43.2 % 52.8 % 59.2 % 62.9% 63.2 % 63.2 % 63.1 % 63.2 % ADR $73.82 $76.36 $78.91 $81.59 $84.33 $87.15 $90.04 $93.09 Revenues RV space rentals 1,384,523 1,751,953 2,036,365 2,228,130 2,313,992 2,391,509 2,474,117 2,554,440 Miscellaneous 135,840 171,815 199,768 218,447 226,864 234,463 242,640 250,435 Terminal value - - - - - Total revenue $1,520,363 $1,923,768 $2,236,133 $2,446,577 $2,540,856 $2,625,972 $2,716,757 $2,804,875 Cash outflows Costs to open $17,850,000 - - - - - - - - Ongoing capital expenses 92,371 114,646 138,274 163,323 189,893 218,061 247,902 279,498 Personnel costs 205,810 212,867 220,061 227,436 235,053 242,927 251,064 259,477 Other operating costs 220,241 269,453 307,659 334,286 346,946 358,567 370,581 382,993 Total cash outflows $17,850,000 $518,422 $596,966 $665,994 $725,045 $771,892 $819,555 $869,547 $921,968 Project cash flow ($17,850,000) $1,001,941 $1,326,802 $1,570,139 $1,721,532 $1,768,964 $1,806,417 $1,847,210 $1,882,907 ECONorthwest analysis Exhibit 25. Crooked River Pro Forma, 2034-2041 Crooked River 2034 2035 2036 2037 2038 2039 2040 2041 Site days available 43,435 43,435 43,554 43,435 43,435 43,435 43,554 Site days sold 27,441 27,441 27,478 27,441 27,441 27,441 27,478 Occupancy rate 63.2 % 63.2 % 63.1 % 63.2 % 63.2 % 63.2 % 63.1 % ADR $96.21 $99.43 $102.73 $106.20 $109.76 $113.44 $117.20 Revenues RV space rentals 2,639,974 2,728,516 2,822,694 2,914,328 3,011,976 3,112,855 3,220,374 Miscellaneous 258,827 267,495 276,824 285,716 295,289 305,179 315,824 - Terminal value - - - - - - - 21,697,060 Total revenue $2,898,801 $2,996,011 $3,099,518 $3,200,044 $3,307,265 $3,418,034 $3,536,198 $21,697,060 Cash outflows Costs to open - - - - - - - Ongoing capital expenses 312,931 348,295 385,673 425,167 466,873 510,898 557,346 Personnel costs 268,168 277,151 286,438 296,034 305,949 316,198 326,791 Other operating costs 395,826 409,087 422,789 436,952 451,592 466,720 482,355 Total cash outflows $976,925 $1,034,533 $1,094,900 $1,158,153 $1,224,414 $1,293,816 $1,366,492 $0 Project cash flow $1,921,876 $1,961,478 $2,004,618 $2,041,891 $2,082,851 $2,124,218 $2,169,706 $21,697,060 ECONorthwest analysis ECONorthwest 41 Thornpion Lane Pro Fot-rl (j Exhibit 26. Thompson Pro Forma, 2025--2033 Thompson 2025 2026 2028 2029 2030 2031 2032 2033 Site days available _2.0_27 109,500 109,500 109,800 109,500 109,500 109,500 109,800 109,500 Site days sold 36,687 45,244 51,275 54,671 55,353 55,353 55,446 55,353 hiflation rate 3.82 % 3.50 % 3.43 % 3.38 % 3.35% 3.35% 3.35% 3.35% 3.35% Occupancy rate - 33.5% 41.3% 46.7 % 49.9 % 50.6% 50.6% 50.51/1, 50.6% ADR $49.00 $50.66 $52.37 $54.12 $55.93 $57.81 $59.73 $61.74 Revenues RV space rentals 1,797,742 2,292,250 2,685,106 2,958,691 3,096,018 3,199,730 3,311,871 3,417,686 Miscellaneous 265,678 338,759 396,866 437,250 457,533 472,862 489,511 505,072 Terminal value - - - - - - - - Total revenue $2,063,420 $2,631,009 $3,081,972 $3,395,941 $3,553,551 $3,672,592 $3,801,382 $3,922,758 Cash outflows Costs to open $21,600,000 - - - - - - - - Ongoing capital expenses 111,775 138,730 167,321 197,634 229,786 263,873 299,983 338,218 Personnel costs 336,471 348,009 359,769 371,829 384,283 397,157 410,462 424,213 Other operating costs 407,298 495,318 565,298 616,392 643,560 665,118 687,402 710,429 Total cash outflows $21,600,000 $855,544 $982,057 $1,092,388 $1,185,855 $1,257,629 $1,326,148 $1,397,847 $1,472,860 Project cash flow ($21,600,000) $1,207,876 $1,648,952 $1,989,584 $2,210,086 $2,295,922 $2,346,444 $2,403,535 $2,449,898 ECONorthwest analysis Exhibit 27. Thompson Pro Forma, 2034-2041 Thompson 2034 2035 2036 2037 2038 2039 2040 2041 Site days available 109,500 109,500 109,800 109,500 109,500 109,500 109,800 Site days sold 55,353 55,353 55,446 55,353 55,353 55,353 55,446 - Inflation rate 3.35% 3.35% 3.35% 3.35% 3.35% 3.35% 3.35% 3,35 % Occupancy rate 50.6% 50.6% 50.5 % 50.6% 50.6°% 50.6% 50.5 % ADR $63.81 $65.95 $68.15 $70.44 $72.80 $75.24 $77.75 - Revenues RV space rentals 3,532,179 3,650,543 3,778,500 3,899,206 4,029,763 4,164,836 4,310,811 Miscellaneous 521,992 539,479 558,477 576,232 595,534 615,484 637,158 - Terminal value - - - - - - - 28,445,330 Total revenue $4,G54,171 $4,190,022 $4,336,977 $4,475,438 $4,625,297 $4,780,320 $4,947,969 $28,445,330 Cash outflows Costs to open - - - - - - - Ongoing capital expenses 378,675 421,466 466,698 514,489 564,956 618,229 674,435 Personnel costs 438,425 453,111 468,289 483,979 500,191 516,948 534,265 Other operating costs 734,228 758,823 784,245 810,517 837,669 865,732 894,736 Total cash outflows $1,551,328 $1,633,400 $1,719,232 $1,808,985 $1,902,816 $2,000,909 $2,103,436 $0 Project cash flow $2,502,843 $2,556,622 $2,617,745 $2,666,453 $2,722,481 $2,779,411 $2,844,533 $28,445,330 ECONorthwest analysis ECONorthwest 42 Potential Funding and Financing Sources If Deschutes County were to pursue the developuiient of one of these sites directly, as opposed to partnering with another public or private entity or selling the sites for private development, the primary source of funding would likely come from the County itself. The County's current strong financial position is reflected in its debt level, having recently earned an Aa1 rating from Moody's credit rating, which indicates the County's capacity to take on additional debt if necessary. According to recent County debt forecasts, the expected cost of borrowing is approximately 5 percent. While actual borrowing for one of these candidate sites may not be needed for a few years, making it challenging to forecast the actual cost of capital, there are also supplemental grant opportunities available. A summary of some of these grant opportunities is provided here, with more detailed information on each available in Appendix 6. Land and Water Conservation Fund: For public outdoor facilities including trails, sports fields, playgrounds, picnic facilities, campgrounds, and park support facilities such as parking or restrooms. County Opportunity: Awarded to counties to develop, improve or plan county -operated camping facilities. Local Government: For public outdoor facilities including trails, sports fields, playgrounds, picnic facilities, campgrounds, and park support facilities such as parking or restrooms. Recreational Trails: For motorized and non -motorized trail development and restoration projects. US EDA-Economic Development Administration: Promoting America's Tourist Communities in support of travel, tourism and outdoor recreation. Funds generated within the region through the Transient Lodging Tax (TLT) are increasingly considered as a viable source for such investments. Communities like Deschutes County and Bend are utilizing these funds to not only support traditional local public services and tourism advertising but also invest in tourism -related infrastructure. Visit Central Oregon and Deschutes County have directed these funds toward trail investment and maintenance. Visit Bend, on the other hand, has introduced the Bend Sustainability Fund, offering grants for capital projects that promote tourism, particularly in outdoor recreation. New campgrounds would likely be strong contenders for funding from these programs, which allocate millions of dollars annually. ECONorthwest 43 7. organizational Structure for Campground Functionality General RV Park Industry Development and Permitting Costs The cost of opening an RV park in Oregon can vary significantly, influenced by factors such as park quality, location, and the necessary infrastructure to accommodate RVs and utilities. Estimates from various sources highlight this variability. For instance, KOAl2 provides an average estimate ranging from $45,000 to $60,000 per site. The startup cost for a new RV park or campground can vary significantly based on factors like location and specific requirements. Establishing a new campground typically ranges from $15,000 to $50,000 per site, which covers full hookups, gravel roads, and RV pads. A campground with 75 to 90 sites is considered ideal for revenue. Various factors, including utility availability, topography, zoning, and code requirements, influence startup costs. Electric hookup costs approximately $1,500 to $2,500 per site, while water expenses can be $5,000 to $12,000 for a well or $1,200 per site for city water connections. In addition to site -related expenses, campground owners must budget for essential buildings. An office building may range from $15,000 to $80,000, while quality restrooms can add around $20,000 to the total costs. Overall, starting a new campground may require an investment of $100,000 to $2 million, depending on the specific project and any necessary repairs. Furthermore, campground owners should account for ongoing expenses like insurance, typically ranging from $450 to $1,500 per year for general liability, and internet connectivity, with an initial setup cost of about $3,000 and monthly fees of $250 to $500 to meet campers' preferences. Significant portions of these expenses are typically attributed to land clearing, utility installations, road construction, marketing efforts (often costly), and the construction of office and amenities facilities. The specific cost for opening an RV park can vary widely based on these factors, making it essential for developers to conduct a detailed financial analysis for their specific project. Permit fees can significantly differ based on the structures and site development needs for each prospective campground or RV park. Moreover, there are permit fees for various phases of development, including site design. These permit fees are essential components of the developer's comprehensive financial analysis for each site plan. 11 Own A KOA. "How much does it cost to open a camp site?". Website: https://ownakoa.com/`2023/04/06/how-much- does-it-cost-to-start-a-campizround/ - :-:text=A new campground often costs,acre to the startup cost. Accessed: 10.16.2023 ECONorthwest 44 RV Park and Campground Management and Operational Costs The operational organization structure of campground functionality refers to how the various roles, responsibilities, and departments within a campground or RV park are organized to ensure the efficient operation and management of the facility. The structure typically includes both on -site and off -site personnel responsible for various aspects of running the campground. Here are some common examples of roles and departments within the organizational structure of a campground: ■ Campground Manager/Director: This is the top-level position responsible for overseeing the entire operation. The manager or director is in charge of making strategic decisions, setting policies, and ensuring that all departments work together smoothly. ■ Office Staff: This department handles reservations, guest check -ins and check-outs, customer inquiries, and administrative tasks. It often includes receptionists, reservation agents, and administrative assistants. ■ Grounds Maintenance: This team is responsible for the physical upkeep of the campground, including landscaping, cleaning, waste management, and maintenance of facilities, such as restrooms and shower buildings. ■ Campground Hosts: These are often volunteers or part-time staff who assist campers with information, check -ins, and minor issues. They serve as a welcoming presence at the campground. ■ Security and Safety: This department ensures the safety and security of campers and the campground facilities. They may handle issues related to fire safety, first aid, and security patrols. ■ Recreation and Activities: Some campgrounds offer organized recreational activities for guests. This department plans and coordinates events such as nature walks, campfire programs, and games. ■ Food Services: Campgrounds with on -site restaurants or snack bars have staff responsible for food preparation, service, and hygiene. ■ Retail/Store: Campground stores often sell camping supplies, firewood, and convenience items. Staff here manage inventory and sales. ■ Reservations and Marketing: This department manages online and phone reservations, as well as marketing and promotion efforts to attract new campers. ■ Finance and Accounting: Responsible for managing the campground's financial transactions, including budgeting, payroll, and accounts payable and receivable. ■ Environmental and Sustainability: As campgrounds become more conscious of their environmental impact, some have staff dedicated to eco-friendly practices, waste reduction, and sustainable initiatives. ECONorthwest 45 ■ Guest Services: This department focuses on enhancing the guest experience, addressing complaints or concerns, and seeking feedback to make improvements. ■ Compliance and Regulations: Ensuring the campground adheres to local, state, and federal regulations and maintains any necessary permits or licenses. The specific organizational structure can vary widely depending on the size and complexity of the campground. Smaller campgrounds may have fewer staff and departments, while larger ones, especially those within national or state park systems, can have more extensive structures with specialized roles. The goal of this structure is to provide campers with a safe, enjoyable, and well -maintained environment while ensuring the smooth operation of the facility. Public vs. Private Ownership There are several options for operating an RV park, with three primary types differing in ownership. 1. The simplest approach is for the county to construct and manage the RV park itself. This, however, requires a substantial upfront investment, and the RV park/campground would be exempt from property taxes. It's worth noting that the public sector typically incurs higher benefits costs compared to the private sector (41 percent versus about 30 percent). 2. On the opposite end of the spectrum, the county could permit a private company to build and operate the RV park on a long-term basis, in exchange for a percentage of the revenues, in addition to lodging taxes. This option is straightforward and secures future revenue for the county. It avoids substantial initial investments, the daily operational challenges of an RV park, and the need to compete with private sector RV park owners. 3. An intermediate approach involves the county building an RV park and hiring a manager to operate it in exchange for a revenue share. This method provides the county with some control over service quality and maintenance, but these contracts often have relatively short terms. The downside is that the county still needs to make significant upfront investments in RV park development, and it won't receive property tax revenue. For general assumptions regarding operation and management costs, please refer to Excel Workbook Tab — List of Assumptions, which provides detailed assumptions for each category within the organizational structure. ECONorthwest 46 This report explored the feasibility of developing new county -owned campgrounds at three potential sites in Deschutes County: Crooked River Ranch, Fort Thompson Lane, and Drafter Road. The goal is to meet the growing demand for camping and outdoor recreation in the region. Our analysis indicates substantial increases in visitation and engagement in outdoor activities in Deschutes County, especially among local users. Camping sees steady but slower growth than activities like downhill skiing, hiking, and nature exploration. Of the three sites, Drafter Road appears most viable for an RV park due to its size, highway access, zoning allowances, and infrastructure. Challenges include limited capacity and the need for permits, as well as Goal exceptions. It could address seasonal housing needs. The Fort Thompson site offers space for a traditional campground but has issues with canal access segregating the property. Opportunity Areas 1 and 2 are best suited for tent camping if Goal exceptions, zoning and access hurdles can be resolved. Crooked River Ranch is least feasible due to terrain, lack of utilities, and zoning prohibiting camping. It may be better suited as a trailhead or walk-in tent site if zoning changes and access issues were further investigated. The site has limited space and development potential. Development costs range from $3.7 million for Drafter Road to $21.6 million for Fort Thompson for a 300-site RV park. Projected returns vary from 9.9 percent to 11 percent. Further refinement of assumptions is recommended. Financing could come from County funds, transient lodging taxes, or grants. Operations could be County -run or utilize public -private partnerships. Drafter Road is most viable but continued growth justifies expansion at all sites. In conclusion, RV park development shows strong potential, but each site has unique and challenging constraints. Drafter Road emerges as the most feasible but larger investments at Fort Thompson could also be financially viable given sufficient demand and approval of many land use regulation exceptions. ECONorthwest 47 9. Appendix ESA Technical Memo and Site Maps Technical Memo Appendix 1. ESA Technical Memo - Land Use Review 819 SE Morrison Street Suite 310 Portland, OR 97214 503.274.2010 esassoc.com memorandum date October 5, 2023 to ECONorthwest cc Project file from Susan Cunningham, Sarah Hartung and Matthew Crampton, ESA www.esassoc.com subject Analysis of site design standards, anticipated land use approvals and mapped existing natural resources for the Deschutes County Camping Project Introduction At the request of ECONorthwest, ESA prepared this memorandum to provide a review of existing natural resources and local land use permit requirements for three potential camp sites in Deschutes County: 1) Crooked River Ranch, 2) Fort Thompson Road Property and 3) Drafter Road. Deschutes County is evaluating options for developing a public RV park / campground in a rapidly growing region. The attached figures reflect regulatory constraints, known natural resource sites and development opportunities that should be taken into consideration when developing site plans. Methods ESA conducted a desktop analysis of existing natural resource and land use data for three potential development siics identified as having the potential to support an RV park or traditional campground. ESA also contacted land use planners at Deschutes County and La Pine for input on code interpretations. ECONorthwest 48 No technical field investigations were oncitictcd as part of this effort. Personacl contacted and sources reviewed include: • Brent Bybee, Principal Planner, La Pine, August 1, 2023 —email and phone call; • Peter Gutowsky, Planning Director, Deschutes County, September 7, 2023 — email and phone call; • Avery Johnson, Assistant Planner Deschutes County, September 11, 2023 — email and phone call; • Will Groves, Planning Manager, Deschutes County, September 21, 2023 — meeting notes with ECONorthwest; • Local Wetland Inventory (LWI), (ESA Adolfson 2010); National Wetland Inventory (NWI), (USFWS 2020): https://www.fws.gov/program/national-wetlands-inventory/wetlands-mapper • Federal Management Agency Flood Insurance Rate Maps (1988, 2007): littps:Hmsc.fema.,gov/portal/home • USFWS IPaC Threatened and Endangered Species Act Planning Tool: https://ipac.ecosphere.fws.gov/ • National Resource Conservation Service (NRCS), U.S. Department of Agriculture (USDA) Web Soil Survey (WSS) (NRCS and USDA, 2020): https://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx • Oregon Explorer Natural Resources Digital Library: https:// https:Horegonexplorer.info/tools/oe- atlas • Deschutes County zoning and development code: https:Hdeschutescounty.municipalcodeonline.com • Deschutes County Property Information: https:// https:Hdial.deschutes.oi-g/Real/InteractiveMap • La Pine city code: https://librat-y.mutiicode.coni/or/laVine/codes/code of ordinances Jurisdiction Deschutes County Both the Crooked River Ranch and the Fort Thompson sites are in unincorporated Deschutes County and subject to the Deschutes County Code (DCC). DCC 18.128.015, General Standards Governing Conditional Uses, applies compatibility criteria for campgrounds, which includes the following: ECONorthwest 49 A. The site under considclai ion sham be dererwIoed to b: stl;tob!e for the proposed use based on the following factors: 1. Site, design and operating characteristics of the use; 2. Adequacy of transportation access to the site; and 3. The natural and physical features of the site, including, but not limited to, general topography, natural hazards and natural resource values. B. The proposed use shall be compatible with existing and projected uses on surrounding properties based on the factors listed above. DCC 18.128.016 and DCC 18.124 also require Site Plan Review for any Conditional Use. Any development application would need to address site landscaping, visual impacts, preservation of natural features, safety, Americans with Disabilities Act (ADA) design, on -site access and circulation, parking and transportation. There are also specific conditional use standards that apply to campgrounds under DCC 18.128.320 that pertain to outdoor recreation, access, water supply, and sewage disposal, as follows: • Open space (the site must maintain a minimum of 65% as open space/undeveloped). [Note: a "site" is typically defined as a parcel or group of parcels under the same ownership.] • Campsites will be minimum size of 1,600 square feet. • Each campsite requires at least one parking space. • Sites must have direct access from a street or road designated as an arterial or collector by the Deschutes County Comprehensive Plan. • Roadways permitting one-way traffic shall be not less than 10 feet wide and those permitting two-way traffic shall not be less than 20 feet wide. • Yards and Setbacks: a. Campsites or parking spaces shall not be located within the yard and setback areas required by the County for permanent buildings in the zone in which the campground is located. b. No developed portion of the campground shall be located within 100 feet of the right of way of any road or property line of a lot not part of the campground. Note: setback requirements may be waived if the campground can be sufficiently screened and buffered from neighboring properties or the protected landscape area. Demonstrate that there is adequate potable water available at the site to serve the campground. Plans for water supply and sewage disposal improvements must be approved by the State Health Division and the Department of Environmental Quality. Demonstrate that the campground will be ECONorthwest 50 eligible for a certificate of saNita+:ion as :equi,-cd by the Ur:.•1ca Department of Environmental Quality. In addition to the design and setback standards listed above, the project may be subject to several additional conditions imposed by the Planning Director or Hearing's Officer. These additional conditions are listed in 18.128.020 and may relate to: limiting hours of operation; limiting noise and outdoor lights; changing the lot size or dimension; limiting building height, size and location; increasing the required street dedication, roadway width or requiring additional improvements within the street right of way; and requiring protection and preservation of existing trees, vegetation, water resources, wildlife habitat or other significant natural resources. La Pine The Drafter Road Site is within La Pine city limits and subject to the City of La Pine Development Code. The Drafter Road Site is zoned Commercial -Mixed Use and camping and RV parks are a conditional use. Under the City of La Pine Development Code (15.108.020), campgrounds allow for transient (nonresidential) use. Campgrounds are also subject to the following use standards: 1. No recreational vehicle shall remain in the campground for more than 30 days in any 60-day period. 2. Required building spaces shall be lighted at all times of night and day, shall be ventilated, shall be provided with heating facilities which shall maintain a room temperature of 68 degrees Fahrenheit, shall have floors of waterproof material, shall have sanitary ceiling, floor and wall surfaces and shall be provided with floor drains adequate to permit easy cleaning. 3. A neat appearance shall be maintained at all times. Except for vehicles, there shall be no outside storage of materials or equipment belonging to the campground or to any guest of the park. Evidence shall be provided that the campground will be eligible for a certificate of sanitation as required by state law. The project would need to comply with the conditional use approval criteria of Chapter 15.316, including: A. The proposal is in compliance with specific standards, conditions and limitations the primary zone. B. An assessment that the proposed use does not exceed resource or public facility carrying capacities, including, but not limited to, transportation water, sewer, and utility systems. C. An assessment that shows the proposed use is in compliance with air, water, land, solid waste and/or noise pollution standards. Results ECONorthwest 51 A summary of anticipated site design standards, land use approval process, and mapped natural resources for sites in Deschutes County is presented in Table 1a. RV parks are neither permitted outright nor conditionally permitted at the Crooked River site and Fort Thompson Site. Campgrounds are also neither permitted outright nor conditionally permitted at the Crooked River site. 5. Refer to a Table lb for a summary of site design standards and land use standards for the Drafter Road site in La Pine where campgrounds and RV parks are allowed as conditional uses. ECONorthwest 52 Z r✓ W../ � � b+i 1 1 ii � .ti V Py Q. O 3�4 vQi Ci OV9 4� 4St Q �jo v At, CA 0If u 'I 04 � -� "� .Ctb Q eb w era �.-. a °' vo' 6 �y O 4I1 I I t U �]21 C4 W 94 n N N 3 0 z O U W LO CD Lei Q AA Crooked River Ranch Silrj The Crooked River Ranch Site is located i-o unincorporated Deschutes County and consists of tax lots 141214B 100, 200, and 300. The site is located along a reach of the Deschutes River that is designated by the State of Oregon as a State Scenic Waterway. A majority of the site is zoned Rural Residential 10 (RR10, 10-acre lot minimum) with a Landscape Management (LM) Combining Zone. A section in the northwest corner along the Deschutes River is zoned as Floodplain (FP). The surrounding property to the east is zoned Exclusive Farm Use, and the property to the north, west and south is zoned RR10. Property to the east is also administered by the Bureau of Land Management. The site is designated Rural Residential Exception Area (RREA) in the Deschutes County Comprehensive Plan. The site is at the terminus of NW 84" Court. This street is designated as a local road by Deschutes County Transportation System Plan. This does not meet the campground or RV park access requirements of DCC 18.128.320.B.1. The NWI indicates an intermittent stream on the western portion of the site that flows north to the Deschutes River and a narrow band of scrub -shrub wetland is present along the Deschutes River. Building and fixture setbacks for all streams on RR10 zoned parcels are 100 feet from the ordinary high water (OWH) line. Based on aerial photo interpretation and depending on duration of streamflow, the NWI- mapped intermittent streams may not be regulated waterbodies. A field reconnaissance by a wetland professional should be conducted to verify presence and extent of wetlands and water resources on the property. FEMA maps a 100-year floodplain along the Deschutes River. The Crooked River site and vicinity contain rocky outcrops within the LM zone that appear to meet the definition of rimrock (See Table 1), defined by the DCC as: any ledge, outcropping or top or overlying stratum of rock, which forms a face in excess of 45 degrees, and which creates or is within the canyon of the Deschutes River (among other rivers listed in the DCC). New buildings must be set back at least 50' from the edge of rimrock in an LM zone. The site demonstrates dynamic topography and offers associated dramatic internal views to visitors. Circulation routes through the site are limited due to the canyon -like topography but an existing double track trail linking NW 84" Ct. to the Deschutes River riverbank offers visitors a rewarding, immersive experience defined by exposed basalt cliffs, steep canyon walls and a sense of exploration. Elevated vantage points across the site offer visitors views of the Deschutes River as well as select views of the Cascade Mountain range. Tax lot 141214B000100 exhibits a large flat area that has the potential to support program development. A vehicular access route to this opportunity area (see figure 1.0) could be achieved by traversing the topography that characterizes the western edge of the lot, near the terminus of NW 84" Court. Access will likely require re -grading through rocky terrain. Geotechnical study is required to better study entry drive feasibility and associated challenges. Deschutes County Code ECONorthwest 55 Campgrounds and RV Parks are not listed as either a Permitted Use 18.60.020 or Conditional Use 18.60.030 in the RR-10 zone. Development of an RV park or campground on this site would not be permitted unless there was a zoning change or other significant land use procedure. Fort Thompson Road Site (Figure 2.0) The Fort Thompson Road Site is located in unincorporated Deschutes County and consists of tax lots 1612340000400 and 800, 1612330000700, 1712040000100, and 171200000700 and 800. The site is located along Highway 97, which traverses diagonally through the southeast corner of tax lot 1712030 800. The surrounding properties to the north are zoned EFUTRB, to the east are zoned EFUAL (Alfalfa Subzone), and to the west and south are zoned Multiple Use Agricultural 10-Acre Minimum (MUA10). Highway 97 has a Landscape Management (LM) Combining Zone overlay that extends 0.25 mile into the site. Tax Lot Zoning Comprehensive Plan Designation 1612340000400 EFUTRB AG 1612340000800 OS&C OS&C 1612330000700 EFUTRB AG 1712040000100 EFUTRB AG 1712030000700 EFUTRB AG 1712030000800 OS&C OS&C Notes: EFUTRB = Exclusive Farm Use Tumalo/Redmond/Bend Subzone; OS&C = Open Space & Conservation; AG = Agriculture The Natural Resource Conservation Service maps two major types of soils as occurring within EFU on the site: Deskamp-Gosney Complex, 0-8 percent slopes (38B); and Gosney-rock outcrop-Deskamp Cornplex, 0-15 percent slopes (58C). Neither is considered high -value farmland per DCC 18.04.030; however, a soil study would be needed to precisely identify soil types across the site (W. Groves, Planning Manager and A. Johnson, Assistant Planner, Deschutes County, pers. comm. 2023). A small portion of the site is also mapped as Clovkamp loamy sand (27A), which is considered high -value farmland if irrigated. A field investigation would also confirm the presence of rimrock and whether the features would meet the definition of rimrock, which has setback requirements. Under DCC 18.16.03 ED, campgrounds are considered Conditional Uses on non -high value farmland. Information from Deschutes County planning indicates the project would require a soil study by a certified soil scientist to determine the areas that are least suitable for fanning. The site is accessed by a private road south of the property. This does not meet the access requirement of DCC 18.128.320.B.1. To be a viable option as a campground, the site must be accessed from a roadway with the classification of either arterial or collector. Access roads are allowed through high value farmland. Figure 2.0 indicates that a possible easement through or partial land acquisition of adjacent tax lot 1612330000800 could provide driveway access from Hunnell Road, identified as a Collector in the current comprehensive plan. Additional analysis and input from Deschutes County transportation planners is recommended. ECONorthwest 56 Mapped natural resources for t!-_ I—ori ThomPsor. kwm Sire inclade tl;r. rriain Swaney irrigation Canal, a lateral canal and excavated small ponds. Artificial/c :cavag..d ponds are exempt from stream or natural resource setbacks as they are artificial features. Coordination with the irrigation district indicates that a 50-foot easement is established on both sides of the Swalley Canal and a 25-foot easement exists on both sides of the lateral canal. The irrigation district advised that no roads or utilities may cross the easements. There are no other environmental overlay zones mapped for the site and there are no other known or recorded biological, water, or natural resources on the site. The site is defined by generally flat terrain punctuated with basalt outcroppings. Views are limited due to the nearly homogeneous vegetation cover across the site. Notably, however, the SW corner of the site has a region of sparse vegetation which coincides with the topographic high point on the site allowing selective views to Black Butte and the Cascade Mountain range to the west and Powell Buttes to the east. Highway noise is a constant reminder of the proximity to highway 97. At approximately 1/3 of a mile from the highway, the noise noticeably reduces, providing visitors with a sense of removal from built environments. This characteristic is a significant benefit to opportunity areas west of the landscape management zone (see Figure 2.0). Deschutes County Code A conditional use permit would be required for campgrounds in either EFU or OS&C zoned land. The General Standards Governing Conditional Uses DCC 1 & 128.015 would need to be addressed, along with the development standards of DCC 18.128.320 Campgrounds. Access to the site does not meet the requirement of DCC 18.128.320.B.1. Further evaluation of site access is required to see if this requirement can be met. In EFU, under DCC 18.16.031.D, campgrounds are considered conditional uses on non -high value farmland. Only those portions of the site that are the least suitable for the production of farm crops could be developed as a campground and would be subject to applicable provisions of the Comprehensive Plan and DCC 18.16.040 and other applicable sections of DCC Title 18. The conditional use permit application will require an assessment in accordance with DCC 18.16.040, including a study of the soil types on -site by a certified soil scientist to classify soils and determine which areas are the least suitable for farming. In the OS&C zone, campgrounds are conditional uses and subject to general and specific conditional use requirements (DCC 18.48.030, DCC 18.128.015, and 18.128.320) and specific limitations described below (DCC 18.48.060). DCC 18.16 Exclusive Farm Use Campgrounds are conditional uses permitted on non -high value farmland under DCC 18.16.031, and may be established under DCC 18.16.040 provided the proposed use: Will not force a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest uses; and ECONorthwest 57 • Will riot signlflcan't1t ,71r":rea f; t) i"! ii7yti of ,iccep"Cd w or for—';t pnwtices onsurrounding lands devoted to farm ur forest • That the actual site or-, which the use is to be located is the least suitable for the production of farm crops or livestock. Yard setbacks for EFU parcels are outlined in 18.16.070 and summarized as follows: • Front yard: minimum of 40 feet from a property line fronting on a local street, 60 feet from a property line fronting on a collector street, and 100 feet from a property line fronting on an arterial street. • Side yard: each shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with side yards adjacent to property currently employed in farm use, and receiving special assessment for farm use, the side yard shall be a minimum of 100 feet. • Rear yards: minimum of 25 feet, except that for a nonfarm dwelling proposed on property with a rear yard adjacent to property currently employed in farm use, and receiving special assessment for farm use, the rear yard shall be a minimum of 100 feet. • The setback from the north lot line shall meet the solar setback requirements in Section 18.116.180. DCC 18.48 Open Space & Conservation The following limitations (DCC 18.48.060) will need to be addressed in the conditional use application in an OS&C Zone: 2. The proposed use is sufficiently dependent upon the recreational resources of the area. 3. The proposed use shall not significantly increase fire hazard or significantly increase risks to fire suppression personnel. 4. The natural grade of land and native vegetation will be retained as much as possible to prevent or minimize erosion, pollution or degradation of the natural attractiveness of the area. 5. The proposed use would not exceed the carrying capacity of the area or would not be detrimental to the natural features or resources of the area. 6. The proposed use is in compliance with the Comprehensive Plan. 7. The proposed use would force a significant change in, or significantly increase the cost of accepted farming practices on agriculture adjacent lands. Required setbacks for OS&C are outlined in 18.48.050 and summarized as follows: • Minimum setbacks: 60 feet from an arterial or collector street or road right of way and 20 feet from a street within a platted and recorded subdivision. • Side setback: minimum of 15 feet for each, except on a corner lot where it should be 30 feet from the street side. • North lot line: meet the solar setback requirements in DCC 18.116.180. FCONorthwest 58 At the Fort Thompson site, the percent eperi spac., i*egi�lr-,n,:-.ii for cangpg-ounds is anticipated to be satisfied by the undeveloped ad.lacent high value farmland! areas. Landscape Management (LM) Combining Zone A portion of the site along Highway 97 is within the Deschutes County LM Combining Zone which requires LM review if a building is proposed within 0.25 mile of the roadway. A planner would do a site visit as part of the review of the application to confirm whether or not a proposed building would be visible. Screening or a planting plan may be required as part of the LM review if existing vegetation cannot be retained within the LM Combining Zone. It appears that rock outcroppings in the LM zone may also meet the definition of rimrock, requiring a 50' building setback. Due to the constant sound generated by highway 97, it is worth considering opportunity areas west of the LM zone where highway sound is reduced (see figure 2.0a). Deschutes County Comprehensive Plan 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 purpose of the Resource Management chapter is to effectively manage Deschutes County's agricultural, forest, natural and cultural resources to meet the needs of today while retaining their value for future generations. The project site has Agricultural lands (Ag) and Open Space and Conservation (OS&C) resources. Agricultural Lands — Statewide Planning Goal 3 requires counties to preserve and maintain agricultural lands. In Deschutes County it is recognized that much of the local farm land is marginal, particularly without irrigation. The climate, especially the short growing season, makes commercial farming challenging. Statewide Planning Goal 3 does not really account for the conditions in Deschutes County, resulting in agricultural zoning being applied to land with no history of farming and limited potential for profitable farming. There is considerable pressure to convert agricultural land to residential or other uses. The debate is complicated because there are impacts to the farming community from converting agricultural lands to other uses. It can be challenging for a farmer who has residential neighbors because farming activities can have noise, odor or dust impacts. The proposed use of a campground will need to take the goals and policies of Agricultural Lands (Section 2.2) of the Plan into consideration in the farmland assessment under DCC 18.16.040. The goals and policies are intended to provide, within State guidelines, flexibility and ensure a variety of alternative paths to profitability. Open spaces are protected through an Open Space and Conservation map designation and zoning district. The open space goals of the Plan are to encourage development design that fits with the natural landscape. The proposed development of a campground can be designed to meet the Open Space policies (Section 2.7) of the Plan. Oregon Administrative Rules (OARs) and Oregon Revised Statues (ORSs) Recent coordination with Deschutes County indicates that several OARS and ORSs may apply to the Fort Thompson site. These rules and statues are documented in a memo from Will Groves, Planning Manager, Deschutes County, dated September 21, 2023. Two administrative rules in particular require additional clarification: ECONorthwest 59 Prommity to -Bend Urban Gr'nvii,t L3oijj::?ary: OAR 660-033-0!'10 (19) _ f, i.,�ate ca�r�l>giourds sliail not be allowed within three miles of an urban growth boundtry (UGB) ut:less an exception is approved pursuant to ORS 197.732 and OAR chapter 660, division 4. Any application on this property would require a Goal Exception. The outcome of this process is unknown and may add significant time, risk, and cost to the process. Analysis: This OAR references "private" campgrounds, which may not apply to the proposed project. Additional clarification is recommended. The Fort Thompson site is within 3 miles of the UGB. • Proximity to Natural/Recreational Amenity: OAR 660-033-0130 (19) requires campgrounds to be established on a site or contiguous to lands with a park or other outdoor natural amenity this is accessible for recreational use by the occupants of the campground. Analysis: this standard may be met by the establishment of an on -site park or natural amenity. Drafter Road Site (Figure 3.0) The Drafter Road Site consists of 9 tax lots along Drafter Road within the city limits of La Pine. The parcels are all zoned Commercial -Mixed Use (CMX) and each lot has an approximate acreage of 1 ac. The CMX zone allows for flexible uses that can respond to market demand. A campground or RV park is considered a conditional use per La Pine Code 15.108.020. The site is accessed by Drafter Road which is designated as a minor collector by the La Pine Transportation System Plan. Local circulation improvements proposed in the Wickiup Junction Refinement Plan may provide increased vehicular access to the study sites as well as improved walkability via a new "backage road" and new local circulation roads serving the western edge of the properties (figure 3.2). These improvements will require ROW and coordination with property owners. There are no mapped floodplains on the parcels. There are no other environmental overlay zones mapped for the site. There are no other known or recorded biological, water, or natural resources on the site. The Drafter Road site is characterized by very flat terrain, stands of ponderosa pine and patchy understory vegetation. Due to the proximity to highway 97, all tax lots experience consistent highway noise. Due to the developed nature of the study area, all tax lots have neighbor sensitivities that include high visibility into and out of the sites, privacy considerations and noise considerations. City of La Pine Development Code A Conditional Use permit would be required for campgrounds and RV parks in the Commercial -Mixed Use zone. The city defines campgrounds and RV parks as follows: Sec. 15.14.200. - Campgrounds and recreational vehicle parks. A. Definition. Campgrounds and recreational vehicle parks are park -like facilities containing sites or spaces for the temporary and recreational occupancy of persons in tents and/or recreational ECONoithwest 60 vehicles. Such a facilit. ako contain "wd, other suppon flwilities subordinate to and serving only the cainping cG;cupa,�ts. B. Examples. Examples are limited to campgrounds and recreational vehicle parks. C. Accessory uses. Accessory uses may include common bathrooms and showers, common laundry facilities, offices, a caretaker dwelling, and recreational amenities. The general use and development standards of La Pine City Code 15.108.020 (below) would need to be addressed along with the conditional use approval criteria of La Pine City Code 15.316.040. 15.108.020 Campgrounds and Recreation Vehicle Parks The following are site design standards for campgrounds and RV parks: 1. Minimum lot area shall be two acres. [Note: a variance on the minimum lot size would need to demonstrate that the condition is not a "self-created difficulty" per LPDC 15.320.040. The La Pine Planning staff indicated they could not guarantee the outcome of an application submitted for a campground on a property that is less than two acres.] 2. Access to the site shall be from an arterial or collector street. [Note: transportation improvements such as sidewalks along Drafter Road may be required and warrants confirmation with La Pine Planning.] 3. Except for the access roadway into the campground, the campground shall be screened on all sides by a sight obscuring fence not less than six feet in height, unless otherwise approved by the city. 4. Drainage of increased stormwater runoff caused by the development shall be managed so as to prevent ponding, accelerated erosion, or flooding of adjacent properties and roads. 5. No tent, camp site, or building shall be located within 50 feet of a neighboring lot line. 6. Trash receptacles for the disposal of solid waste materials shall be provided in convenient locations for the use of guests of the campground and located in such number and of such capacity that there is no uncovered accumulation of trash at any time. 7. The space provided for each recreational vehicle shall not be less than 700 square feet exclusive of any space used for common areas such as roadways, general use structures, walkways, parking spaces for vehicles other than recreational vehicles and landscaped areas. 8. A space provided for a recreational vehicle shall be covered with crushed gravel or paved with asphalt, concrete, or similar material and be designed to provide for the control of runoff of surface water. The part of the space, which is not occupied by the recreational vehicle, not intended as an access way to the recreational vehicle or part of an outdoor patio, need not be paved or covered with gravel provided the area is landscaped or otherwise treated to prevent dust or mud. ECONorthwest 61 3. A recreational vehicle space shad be provided with piped pot,'Jble water and sewage disposal service. A recreational vehicle Ataying in the park shall be connected to the water and sewage service provided by the park if the vehicle has equipment needing such service. 10. A recreational vehicle space shall be provided with electrical service. 11. The total number of parking spaces in the campground, except for the parking provided for the exclusive use of the manager or employees of the campground, shall be one space per recreational vehicle space. Parking spaces shall be covered with crushed gravel or paved with asphalt, concrete or similar material. 12. The campground shall provide toilets, lavatories and showers for each sex in the following ratios: For each 15 recreational vehicle spaces or any fraction thereof, one toilet, one urinal, one lavatory and one shower for men; two toilets, one lavatory and one shower for women. The toilets and showers shall afford privacy and the showers shall be provided with private dressing rooms. Facilities for each sex shall be located in separate buildings, or, if in the same building, shall be separated by a soundproof wall. 13. The campground shall provide one utility building or room containing one clothes washing machine, one clothes drying machine and 15 square feet of space for clothes drying lines for each ten recreational vehicle spaces or any fraction thereof, unless such facilities are available within a distance of three miles and are adequate to meet these standards. Due to the fact that each lot is —lac, ESA was advised by Coty of LaPine planning staff that development of a campground or RV park on conjoined lots that meet the 2ac minimum will require a lot line adjustment (see LPDC 15.414). The adjustment will require a Type 1 procedure as outlined in LPDC 15.204.010. Summary A meeting with the planning departments (County and La Pine) is recommended to discuss the findings. Crooked River Ranch Site Campgrounds and RV Parks are not listed as an either a Permitted Use 18.60.020 or Conditional Use 18.60.030 in the RR-10 zone. Development of this site as such would not be permitted unless there was a zoning change or other significant land use procedure. Fort Thompson Road Site RV parks are not permitted outright or by conditional use at the Fort Thompson Road Site, zoned EFU and OS&C thereby eliminating the Fort Thomson Road site from consideration for a RV park. A campground is permitted as a conditional use and would require site plan review, a conditional use permit and a LM review from the County, at a minimum. On the lots zoned as EFU, a soil study by a certified soil scientist would be required to determine the areas that are least suitable for fanning and for non - farming uses to be allowed. ECONorthwest 62 The site is accessed by a private road ,oiodt of the property. This do„s not meet the access requirement of DCC 18.128.320.B.1. To be a viable option as a campground. the site must be accessed from a roadway with the classification of either arterial or collector. Access roads are allowed through high value farmland. Figure 2.0 indicates that a possible easement through or partial land acquisition of adjacent tax lot 1612330000800 could provide driveway access from Hunnell Road, identified as a Collector in the current comprehensive plan. Additional analysis and input from Deschutes County transportation planners is recommended. Mapped natural resources for the Fort Thompson Road Site include the Swalley Irrigation Canal, a lateral canal, and artificial ponds. Artificial/excavated ponds are exempt from stream or natural resource setbacks as they are artificial features. A 50-foot easement is established on both sides of the Swalley Canal and a 25-foot easement exists on both sides of the lateral canal. The canals pose access challenges to the site. ESA was advised that no roads or utilities may cross the canals which effectively segregates the Fort Thompson site into three areas that cannot be connected. See figures 2.0 and 2.0a. On the Fort Thompson Road site, opportunity areas 1 and 2 (see figure 2.0a) are the best candidates to support a traditional campground with the following considerations. The amount of available space at each area could easily support a campground and the required open space component in support of DCC 18.128.320. An access easement or land acquisition from the neighboring tax lot 1612330000800 (not County property) is required for access to the site from Hunnel Rd. If access is acquired through adjacent tax lot 1612330000800, opportunity areas 1 and 2 benefit from avoiding the complexities of negotiating with the irrigation district on how to cross the canals. The entirety of opportunity area 1 and the western half of opportunity area 2 benefit from their distance from highway 97 and the associated noise. High points within or adjacent to these opportunity areas could provide users with views to the surrounding mountains and majestic landscapes, offering a unique user experience to campers. Identification of exact development extents will require a soil study by a certified soil scientist to determine the areas that are least suitable for farming and thus able to support a traditional campground. Additionally, any outcroppings within the LM zone (pertains to opportunity area 2) will require review as to whether they meet the definition of rimrock and associated buffers will apply. Refer to the technical memorandum, Utility Needs and Availability —Deschutes County Cafnpgrounds, for utility considerations. Drafter Road Site The Drafter Road Site would require a conditional use permit from the City for either a campground or RV park. Both uses are defined under Section 15.14.200 of the city code. The 50-feet setback from property lines required for camp sites, tents, and buildings does not apply to recreational vehicles. Lot sizes less than 2 acres cannot be guaranteed approval as an RV or Campground according to information from La Pine Planning. Development of a campground or RV park on conjoined lots that meet the 2ac minimum will require a lot line adjustment via a Type 1 procedure to combine lots. The development of improvements identified in the Wickiup Junction Refinement Plan may impact the lot sizes of the study area and reduce the County owned lots to less than 2 acres if implemented (see figures 3.0 and 3.2). ECONorthwest 63 Drafter Road will likely requir:, ,rnproveilwilts such 1 _i,, c are no other i(ImitiCied regulatory or environmental constraints. It is ESA's conclusion that at the Drafter Road site, opportunity area 1 presents the best opportunity for development of an RV park by virtue of the available acreage, associated design flexibility, and potential to benefit from multiple vehicular and pedestrian access points. While opportunity areas two and three meet the requirements for development, it is worth noting that, should the Wickiup Plan advance and require a ROW to be dedicated on the western portion of the opportunity areas, areas two and three could potentially be reduced in size below the two -acre threshold required to develop an RV park. All opportunity areas will require lot line adjustments to combine lots. Refer to the technical memorandum, Utility Needs and Availability — Deschutes County Campgrounds, for utility considerations. While a traditional campground is permissible at this site, the developed nature of the region suggests that there would be better options for campers seeking an immersive outdoor experience. ECONortnwest 64 Deschutes County Camping Feasibility Study S:�nn 44iNp .t,rz:�iin Rn'�numun•F+n+i Pg 92.r I U-1 Innw,llrM. x�petl.tly iq2') Figure 3.2 Drafter Rd Area Note: proposed Circulation Developments Figures are based on avallabla GIs data and do not constitute surVayed IniGnInailon. Figures and data are to be used for raterence purposes ortty. ECONorthwest 65 Utility Needs and Availability Appendix 2. ESA Memo - Utility Needs and Availability - Deschutes County Campgrounds 819 SE Morrison Street �_ . Suite 310 Portland, OR 97214 503.274.2010 esassoc.com technical memorandum date August 25, 2023 to Mark Buckley, ECONorthwest Jen Patterson, Deschutes County from Mason Lacy, ESA subject Utility Needs and Availability — Deschutes County Campgrounds Introduction www.esassoc.com Environmental Science Associates (ESA) is contracted with ECONorthwest to evaluate infrastructure availability and needs for three potential RV Park and Campgrounds for Deschutes County. The three sites are located on existing County owned land and for the purposes of this study are referred to as follows: 1) Crooked River Ranch, 2) Fort Thompson Road and 3) Drafter Road. The Crooked River Ranch and Fort Thompson Road sites are in unincorporated Deschutes County, while the Drafter Road site is located within LaPine city limits. Infrastructure Needs Campgrounds within Deschutes County are required to provide potable water, toilet and shower facilities, wastewater treatment, lighting, picnic tables and garbage collection sites. For any campground proposed, minimum utility infrastructure includes adequate potable water, sewage disposal, and power at the site. Any improvements will need stormwater infrastructure meeting the requirements of the Central Oregon Stormwater Manual (COSM). It is not expected that natural gas would be necessary at the sites as most RVs have a propane tank, though availability of natural gas service was still investigated as part of this study. A propane filling station on -site could be ECONorthwest 66 considered, which would i)e a ;tans ?, system. Te. iecommuni:'at ions service at the sites may be desired for on -site 111anagernent, RV cable TV hookups, or other amenities. All three sites were evaluated for utility availability to meet the needs of the proposed improvements, including: • Potable Water • Sanitary Sewer • Electricity • Stormwater • Natural Gas • Telecommunications Infrastructure Availability Crooked River Ranch Site The Crooked River Ranch site is located in unincorporated Deschutes County along the Deschutes River, far from the incorporated cities (and associated municipal infrastructure) of Central Oregon. The site is accessed from the south side by NW 841h Ct, on which several nearby taxlots have been developed with residential homes. Potable water for the site would be provided by a groundwater well. A search of the Oregon Water Resources Department (OWRD) Groundwater Information System Mapping Tool yielded information on a well located on one of the neighboring properties, with a max depth of 320 ft. It is anticipated that a well of similar depth would be necessary to provide water to the site. A septic system would need to be developed to handle the sanitary sewer needs of the project and provide wastewater treatment at the site. Based on the size of the property, it is anticipated that developing a septic system for the project is feasible. However, due to the rocky soils and steep slopes located at the site, further analysis would be required to confirm feasibility and properly locate the leach field. Pacific Power is the electric power provider for the area, and currently serves the neighboring homes. Overhead power lines currently extend down NW 841t, Ct to the nearest developed residential lot, as well as along NW Teater Ave, NW 83rd PI, and NW 89t" Ct. It is expected that extending rower to the site would be feasible. All new impervious surfaces would need to be designed with on -site stormwater management. Based on the size and undeveloped nature of the property, it would be no issue to treat all stormwater with surface facilities (no Underground Injection Control (UIC) systems necessary (drywells, etc.)). Cascade Natural Gas (CNG) is the gas service provider in Central Oregon. There are no gas lines anywhere near the site. ECONorthwest 67 Based on the Oregon BroacIL&ind Mapping Tool, th,-re is no wir-,cl ,;ervi.ce availability for the site. There is licensed fixed wireless service available ai_ the site with max advertised download speeds of 10 Mbps. Refer to figure 1.2 for available utilities and ROW delineations at the Crooked River Ranch site. Fort Thompson Road Site The Fort Thompson Road site is located in unincorporated Deschutes County, along Highway 97 between the incorporated cities of Redmond and Bend. Being closer to Bend, there are more developed nearby utilities, though still no municipal utilities servicing the site. The City of Bend's Water Service Area mapping shows Avion's service area map covering a western portion of the property. Avion reported that the nearest service line within Hwy 97 ROW is over a mile to the south near Space Age Fuel at the north end of Bend. Avion estimated that connecting a line within Hwy 97 ROW to the southern boundary of the site would cost in excess of $1 million and is not considered feasible. Avion also has a 12" water main along Hunnel Road, with several lines servicing the neighboring homes. There is currently no access to the site from Hunnel Road, but if additional property was purchased or easements acquired it may be possible to connect water service to Hunnel Road. If connecting to Avion Water lines is infeasible, potable water could be provided to the site by a groundwater well. The closest City of Bend gravity sewer main is the Northeast Interceptor located over a half mile south of the southern property boundary on the east side of Hwy 97 and is not feasible to connect to. A septic system would need to be developed to serve the campground, which is anticipated to be feasible based on the size of the property. Pacific Power is the electric power provider for the area, and currently serves the neighboring homes. Overhead power lines currently extend along Fort Thompson Road, Hunnel Road, and Hwy 97. It is expected that extending power to the site would be feasible. All new impervious surfaces would need to be designed with on -site stormwater management. Based on the size and undeveloped nature of the property, it would be no issue to treat all stormwater with surface facilities (no Underground Injection Control (UIC) systems necessary (drywells, etc.)). Cascade Natural Gas (CNG) is the gas service provider in Central Oregon. The nearest service line is over a mile to the south, near Deschutes Memorial Chapel and Gardens, and is not feasible to connect to. Based on the Oregon Broadband Mapping Tool, there is wired service available at the site with max advertised download speeds of 1,000 Mbps. ECONorthwest 68 Refer to figure 2.2 for available utilii:ics and R.O�Al' deji.o-atioels ,L ille Dori Thompson Road site. Drafter Road Site The Drafter Road Site includes nine taxlots owned by Deschutes County along Drafter Road within the City of La Pine. Potable water would be provided by the City of La Pine. There is an existing City water main running along Drafter Road that could be used to provide water to any of the taxlots. The site would connect to the City of La Pine's sanitary sewer system. There is an existing sewer pipe that runs along the western boundary of all the lots on the west side of Drafter Road, and an existing sewer pipe that runs up Drafter Road, terminating near the southernmost County owned taxlot. There is one County owned taxlot located on the east side of Drafter Road (211036AD01000), located north of the existing Drafter Road sewer pipe. To provide sanitary sewer service to this tax lot, the existing sewer main within Drafter Road would need to be extended north. Midstate Electric Co-op is the electric power provider for the area, and currently serves the neighboring homes and businesses. Overhead power lines currently extend along Drafter Road, and it is expected that providing power to the site would be relatively straightforward. All new impervious surfaces would need to be designed with on -site stormwater management. Based on the City of La Pine lot size and setback requirements for the development, it is expected that all stormwater could be treated with surface facilities (no Underground Injection Control (UIC) systems necessary (drywells, etc.)). Cascade Natural Gas (CNG) is the gas service provider in Central Oregon. We contacted CNG and there is no natural gas in the vicinity. The closest gas lines are south of Reed Rd, over 2.5 miles from the site. Based on the Oregon Broadband Mapping Tool, there is wired service available at the site with max advertised download speeds of 1,000 Mbps. Refer to figure 3.2 for available utilities and ROW delineations at the Drafter Road site. ECONorthwest 69 Table 1: Summary of Utilities by Site Site Crooked River Ranch Fort Thompson Road Drafter Road Water Well Avion Water or Well City of La Pine Sewer Septic Septic City of La Pine Midstate Electric Co- Power Pacific Power Pacific Power op Onsite surface Onsite surface Onsite surface Stormwater treatment treatment treatment Natural Gas None available None available None available Tele- No wired service, Wired service Wired service communicatio fixed wireless available available ns available ECONorthwest 70 i , - ,, - Deschutes County Camping Feasibility Study ~~~~Figure 1.1 - Crooked River Ranch sC0Nortxweo 71 Fig;Ure 2.1 Fort Thompson arwe 0'%;HT`cn e �-,",tap i , - — — :;;-, Deschutes County Camping Feasibility Study Figure 2.1 - Fort Thompson Rd Utilities ECONorthwest 72 i loure 3.*i Drafter Road '--,OTe �Aat, Deschutes County Camping Feasibility Study Figure 3.1 Drafter Rd Area Utilities ECONorthwest 73 Properties Title Reports and Findings Appendix 3. Review of Title Repotts for Land Use Constraints ECONorthwest L�-,��1`l� r;�_S f�ll�t��-- (�`•Paldl`IC� DATE: September 19, 2023 TO: FROM: Alicia Milligan and Amanda Ufheil-Somers, ECONorthwest SUBJECT: Review of Land Use Constraints for Potential Deschutes Campgrounds Overview The parcels being considered for conversion to campgrounds or RV parking sites are subject to a number of easements related to utility infrastructure and their proximity to Highway 97. Additionally, the Crooked River and Drafter Road sites belong to subdivisions that are governed by covenants, conditions, and restrictions (CC&Rs) which may present challenges to changing the land uses. The land use constraints for each site are described below and summarized in table format in Exhibit 1. Crooked River These taxlots are governed by the CC&Rs of a homeowners' association (HOA), the Lower Bridge Estates Properly Owners` Association. The current CC&Rs prohibit uses that are not residential and require site -built construction of permanent homes. 'The bylaws have also been amended to exclude government owners within the association from counting toward the voting quorum to modify HOA policies. There are no specific deannexation provisions in the CC&lib or bylaws of the HOA that specify how to remove parcels from the association. Deannexation may be possible through a vote of the HOA or legal action. Drafter Road The taxlots near Drafter Road belong to the LaPine Meadows North HOA. The CC&Rs of LaPine Meadows do not explicitly prohibit nonresidential uses, but define dwellings as permanent structures —including mobile homes —that have a minimum area of 700 square feet. The CC&Rs allow temporary structures with the proper county permits. These lots are also subject to utility easements for the construction and maintenance of electrical, water, and sanitary sewer service to the properties. Fort Thompson Road The taxlots near Fort Thompson Road have access and maintenance easements related to power transmission lines, Highway 97, and existing irrigation canals and ditches maintained by the Swalley Irrigation District. There is also one access easement of note that applies to a private drive on taxlot 1612330000700. This drive provides access between Highway 97 and a residential property north of the taxlot, a distance of approximately 4,000 feet The drive is currently maintained by the neighboring property owner. The easement grants the County the right to convert this private drive to a public right of way at which point the County will assume the costs of road maintenance. ECONorthwest I Portland I Seattle I Los Angeles I Eugene I Bend I Boise I econw.com ECONorthwest 74 Exhibit L Summary of Land Use Constraints byTaxiot and Type Source: ECONorthwest summary of Deschutes Count; recorded documents ECONorthwest I Portland I Seattle I Los Angeles I Eugene I Bend I Boise I econw.com ECONorthwest 75 711M,07 FANs Community Perspectives Appendix 4. FANs Community Perspectives To: Deschutes County Commissioners From: Robin Galloway, President, Friends and Neighbors of the Deschutes Canyon Area (FANs) Jeff Scheetz, Stewardship Coordinator, FANs Date: July 18, 2023 Re: Developing a County Campground in the Lower Bridge Area of the Middle Deschutes River This spring FANs became aware of the feasibility study that the County is conducting that will assess the viability and desirability of developing a campground on 50 acres of County land on the west side of the Deschutes River off Lower Bridge Way. FANs is supportive of the idea that the County would provide additional recreational opportunities in the area. We have worked closely with the Bureau of Land Management (BLM), Prineville District on BLM property off Lower Bridge Way for over ten years as a part of FANs stewardship program. Upon learning of the County's interest, we have some concerns about the suitability of the site for a campground. FANs members Jeff Scheetz and Marilynne Keyser invited Commissioner Chang to the property to review the terrain, existing vegetation, and current patterns of use and conducted a walking tour on June 25, 2023. Following up on this discussion, we would like to suggest an alternative concept for providing camping and expanded recreation opportunities in this area. Our involvement with BLM has produced extensive knowledge of the condition and history of the area, including many years of neglect and abuse. Major trash clean-ups and attempts to curb abuse through signage have dominated our efforts to restore the natural beauty of the Deschutes River Wild and Scenic River (W&SR) segment in the area. Our partnership with BLM has resulted in a renewed effort by the BLM to properly manage the land. An integrated travel management plan addressing signage, kiosks, barriers to illegal entry, and law enforcement response has recently been proposed. Recent local changes in BLM leadership make us hopeful that BLM will respond favorably to the recommendations provided by FANs. ECONorthwest 76 Consistent with FANs rnis.sion or pryserving and restoring the vvi?d landscapes of the middle Deschutes and lov�7er Crooked Rivers," we urge yoLl to consider the following in making any decisions about the location of a county campground near Lower Bridge Way: Some public land has received less human impact over the years and maintains significant natural character which should be preserved. Previously abused land should be restored to some standards set by the land manager. Recovering some natural qualities by undoing historical damage is a worthy effort. Public education through managed access and responsible recreation will hopefully mitigate current abuse. Experiencing the natural beauty of the area could result in public appreciation and foster conservation efforts. Accordingly, FANS does not support the development of the 50 acre county parcel because of its largely undisturbed natural state. The parcel is bordered on two of four sides by BLM property designated as W&SR. The terrain is mostly "hilly" with several minor drainages, and only about 10 acres are level enough for a drive-in campground. Additionally, the entire piece is also designated W&SR and, therefore, subject to some county, state and federal restrictions on use. This river section is classified by the state as a scenic river. It is likely that the local private landowners (residents of Lower Bridge Estates) would not support an overnight campground project even if these other restrictions were resolved. We believe that a more suitable location for such a campground project would be a 50 acre parcel in the Steamboat Rock Recreational Area (SRRA) on the opposite side of the river south of Lower Bridge Way. This is about two miles east of the county property. This area has experienced misuse in the past such as illegal motor vehicle trespass, dumping, illegal camping, etc., but it is included in the proposed BLM plan for enhanced management and could provide a quality scenic camping experience if properly designed and managed. Siting a campground there would resolve FANs concerns about the County's 50 acres expressed above. Additionally, the terrain is much flatter and has better access for motor vehicles than the county parcel. Development costs should be significantly lower due to the favorable terrain. At this location, a hike to the river's edge for spectacular views is less than a mile. A well -planned campground might consist of a drive-in section as well as a hike -in section for BLM-allowed dispersed camping. The SRRA currently supports hiking and equestrian trails and some authorized motor vehicle trails (Class I/III only) and the campground could be integrated into this trail network. To address the cost concerns of procuring new property, we suggest that the County seek a land exchange with BLM. Since the proposed SRRA site is outside the W&SR segment, the previously -mentioned restrictions would not likely apply. To address the ECONorthwest 77 tlllllTlg considerations w1I11 � � eXChaiig0, t1.i% %Ol.intV could pursue a conveyance agreement with BLM, in accordance wile the Recreation & Public Purposes Act. Also note that Bi.,M has assigned a land tenure classification of "retention with the option to exchange" to the proposed area. FANs views a land exchange scenario as a "win -win" solution for all parties, and it fully supports our stewardship mission. We would be willing to advocate to our Congressional delegation and the BLM for such a land exchange or conveyance and campground development. Feel free to contact us for additional information or to tour the areas. Thank you for your consideration of our concerns. ECONorthwest 78 CDD Review of Opportunities and Constraints Appendix 5. CIDID Memo - Roview of Opportunities and Constraints ce —A C0;'%4MUt'NhFTY DEVFLOPMENT MEMORANDUM TO, Deschutes County Property Management FROM: Will Groves, Planning Manager DATE., September 21, 20,23 RE: ECONorthwest - Preliminary Study of Opportunities and Constraints for Deschutes County Campground Feasibility Study. dated August 31, 2023 The Community Development Department (CDD) has participated in a limited role in the County's RV Park/Campground Feasibility Study. This memo serves as a follow up to the meeting held on Monday, September 11, 2023, and is based on the information contained in the August 31, 2023 report prepared by ECONorthwest as well as independent research conducted by CDD staff_ Asa disclaimer, please note this memo is a matter of first irst impression and is a general analysis of additional information to consider as part of the opportunities and constraints for the sites below. The information is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, an any person. Additional engagement with CDD is requested as these projects evolve. Crooked River 5AtBan.Reyte_v%. Any Conditional Use is also subject to Site Plan Review pursuant to DCC 18-124 and DCC 19.116. These applications would be submitted and processed concurrently. Site Plan Review addresses requirements including but not limited to site landscaping, visual impacts, preservation of natural features, safety, Americans with Disabilities Act (ADA) design, on -site access and circulation, parking and transportation access. ECONorthwest 79 Rimrod- As noted in the report the Crooked River site and vicinity contain features that likely meet the definition of rimrockl- It is important to note that property containing rimrock is subject to additional. setback regulations contained in DCC 18.84.090 or 1 & 116.160. Pursuant to DCC 18.128,320, a campground shall obtain direct access from a street or road designated as an arterial or collector. NW 841" Court is a local roadway and would not meet this requirement. Fraxi to fNaturalfRecr sl Am n OAR 660-033.0130 (19) requires campgrounds to be established on a site or contiguous to lands with a park or other outdoor natural amenity this is accessible for recreational use by the occupants of the campground. The subject property is near the Deschutes River, but it is not clear how access or recreational use could or would be provided given regulated wetland and floadpfain constraints. i(. Fart Thompson FJ�viet Any Conditional Use is also subject to Site Plan Review pursuant to DCC 18.124 and DCC $8.116. These applications would be submitted and processed concurrently_ Site Plan Review addresses requirements including but not limited to site landscaping, visual impacts, preservation of naturat features, safety, Americans with Disabilities Act (ADA) design; on -site access and circulation, parlding and transportation access. The memo did not include reference to these code sections or required application. Soils. Per DCC 19,04.030, soil type 38B is not included in the definition of "high value farmland'" The memo references 38B as high -value farmland. The MRCS soil classifications are helpful, but a soil study would be needed to precisely identify soil types across the site, "'Rimrock" means any ledge, outcropping or top or overlying stratum of rock, which foams a face in excess of 45 degrees, and which creates or is within the canyon of that following rivers and streams: Ill Deschutes River, 12l, Crooked River, (A) Fall River (4.1 Little Deschutes River (5) Spring River (6) Paulin Creek (7) Wh.ych.us Creek and 18)1"umalo Creek. Par. the purpose of OCC 'title 18, the edge of the rimrock is the uppermost rock ledge or outcrop of rimrock. "High value farmland' means land In. a tract composed predominantly of the following sails when they are Irrigated: Agency loam (2A and 28), Agency sandy loam (1A), Agency -Madras complex (291, 9uckbert sandy learn (23A1, Clinefakls sandy loam (26A), Clovkarm.p loamy sand (21A and 28A), Deschutes sandy loam (31A, 328 and 32A), Deschutes-Houstake complex (339), Deskamp barmy sand (36A and 368), Deskamp sandy loam (378), Era sandy loam (44E6 and 45.A), Houstake sandy loam (65A, 66A and 67A), ins. silt loam (68A), i.afollette sandy loam 171A and 719), Madras loam 187A and 879), Madras sandy loam (96A and' 8681, Plainview sandy lbarat (48A and 499), Redmond sandy loam 1104A),. Fetherow sandy loam (1SOA and 15tl91, and Yuamafo sandy loam (152A and 15291_ In addition to the above described land, high. -value farmland includes tracts growing specified perennials as demonstrated by the most recent aerial photography of the Agricultural Stabluation and Conservation Service of the United States department of Agriculture taken prior to November 4, 1993.. For purposes of this definition, 'specified perennials." means perennials gfown for market or researrcIn purposes including, but not limited to, n urserp stock, berries, fruits, nuts, Christmas trees or vineyards but not Including seed crops, hay, pasture or alfalfa. Page 2 of 4 ECONorthwest 80 ,C,ampgro.u-ftd.-OpeD-.Sp.a.i,ce,Req,uire.ment Pursuant to DCC 18.129.320,65 percent of a parcel developed as a campground shall be retained as open space. The study states the open space requirement would be met by adjacent high value farmland areas. It is Staffs understanding that the open space requirement associated with a campground development must also be satisfied by non high -value farmland. it is also important to note DCC 18,16.040(A)(3) pertaining to 'least suitable' siting standard as it relates to the subject site. Road5. DCC 18.128.320(D)(6) does not allow vehicular or pedestrian, access out of the campground, except for the access roadway serving the campground. The potential vehicular connection to Hunnell Road would not be permissible under this criterion. Proximity to Bend Urban .Growth,,BGUndarv: OAR 660-033.0130 (19) - Private campgrounds shall not be allowed within three miles of an urban growth boundary (UGB) unless an exception is approved pursuant to ORS 197.732 and, OAR chapter 660, division 4. Any application on this property -would require a Goal Exception. The outcome of this process is unknown and may add significant time, risk, and cost to the process. Proximtty---to---NaturakRe,ueati.on,at-,-Ameni.ty. OAR 660-033,0130 (19) requires campgrounds to be established on, a site or contiguous to lands with a park or other outdoor natural amenity this is accessible for recreational use by the occupants of the campground. Based on surrounding lands, it is rrot deai how this location would meet this requirement. However, it is staffs understanding that this standard may be met by the establishment of onsite park or natural amenity. These comments below pertain generally to both sites: • QRS f —44fi: The campground shall be licensed as a tourist facility by the State Department of Health as specified in ORS 446, unless operated by a public entity, timber company or private utility. • OAR Staff includes reference to these standards as these would need to be addressed as part of any land use application. Staff includes reference to these standards as these would need to be addressed as part of any land use application. • QAR-Chajitu-333--Dj-v5iQn-LLI�-Dr.inking,-Y.Vatar' Staff includes reference to these standards as these would need to be addressed as part of any land use application. Page 3 of 4 ECONorthwest 81 Signs associated with the campground must be reviewed and approved pursuant to Titfe 15, Chapter 15.08. ECONorthwest 82 Potential Financing Sources Appendix 6, Financial Gran: Opportunities Of the potential financial grant opportunities to develop a campground or RV park, the most promising options are a mix of federal, state, and local grants geared toward supporting outdoor recreation. httiDs://www.oregon.Rov/oord/gra/iDa�zes/szra-overview.asl2x Federal Grants Land and Water Conservation Fund: For development or acquisition of public outdoor facilities including trails, sports fields, playgrounds, picnic facilities, campgrounds, and park support facilities such as parking or restrooms. Project types include developing outdoor recreation activities and support facilities needed by the public for recreation activities, including providing basic facilities and improvement of basic facilities. Eligible applicants include cities, counties, park and recreation districts, METRO, Indian Tribes, and Oregon State Agencies. The Land and Water Conservation Fund provides up to 50 percent project funding. Eligible matches include local budged funds, donated funds, and the value of property, equipment, materials, and/or labor. Grant website: https://www.oreaon.�--ov/oprd/GRA/Pages/GRA-lwcf.aspx Recreational Trails Program: The Recreational Trails Program (RTP) is a federally funded grant program administrated by the Oregon Parks and Recreation Department. Since 1993, Oregon has funded over 500 projects with RTP funds to develop, improve, or expand motorized and non -motorized trails and their facilities. Eligible applicants include local, state, federal, Tribal, and other governments. Non -profits registered with the Oregon Secretary of State for at least three years prior to application may also be eligible to apply. Eligible projects include: • Construction of new trails • Major rehabilitation of existing trails • Development or improvement of trailhead or other support facilities • Acquisition of land or easements for the purpose of trail development • Safety and education projects Eligible trail types include motorized (OHV, snowmobile), non -motorized (hiker, biker, equestrian), and water trails. Funding: Oregon's annual RTP allocation is approximately $1.6 million. At least 30% of funds are set aside for motorized trail projects. The minimum grant request amount is $10,000. There is a recommended grant request maximum of $150,000 for non -motorized proposals and no ECONorthwest 83 maximum for motorized proposals. Applicants must commit to at least 20% match. Match can include volunteer labor or other donations. Grant website: https://www.oreg,orn.gov/o/oprd/GRA/Pages/GRA-rtp.aspx US EDA-Economic Development Administration: Travel, Tourism and Outdoor Recreation Promoting America's Tourist Economies. Through this ARPA Tourism NOFO, EDA aims to assist communities and regions in recovery from the coronavirus pandemic's significant negative impact on the travel, tourism, and outdoor recreation sectors. EDA's ARPA Tourism NOFO is designed to provide a wide -range of financial assistance to communities and regions to rebuild and strengthen their travel, tourism, and outdoor recreation industry through various infrastructure and non -infrastructure projects. Under this NOFO, EDA solicits applications under the authority of the Economic Adjustment Assistance (EAA) program, which is flexible and responsive to the economic development needs and priorities of local and regional stakeholders. EDA's travel, tourism, and outdoor recreation grants will be delivered through two components: (1) State Tourism Grants and (2) EDA Competitive Tourism Grants. Grant website: httvs://www.eda.gov/fLindinroarams/american-rescue-plan/travel-tourism State Grants County Opportunity Grant Program (COGP): Awarded to counties to develop, improve or plan county -operated camping facilities. The County Opportunity Grant Program (COGP) is funded by a portion of recreational vehicle registration fees, and is administrated by the Oregon Parks and Recreation Department. Typically, the program awards about $800,000 annually to qualified projects. The program has benefitted Oregon counties since 1983. Project types include: Acquisition of property for public camping facilities, including new areas or additions to existing parks Development of new campgrounds, adding onto existing campgrounds or developing new support facilities such as restrooms, parking lots, landscaping, and sewer/water/electrical systems. Potential projects include building picnic facilities, playground areas, trails and other facilities that enhance an overnight camping experience. Rehabilitating grounds or structures to meet the access requirements of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. Potential projects include ECONorthwest 84 reniocleling restroonlS ar,.cf sho,,vc:i tcicilai<_'s, campsites and replacing sewer/water/electrical systezos in overnight campgrounds. Planning — Planning for future development of overnight camping facilities, including feasibility studies and park master plans. Funding amounts are dependent upon county residents population and would require a 25% local match for counties with fewer than 30,000 residents, and 50% local match for counties with more than 30,000 residents. Grant website: https://www.oreg_gn.gov/oprd/GRA/Pages/GRA-cogp.ast)x Local Grants Local Government Grant Program: The Local Government Grant Program (LGGP) is a voter approved, State lottery funded grant program administrated by the Oregon Parks and Recreation Department. Typically, the program awards over $5 million annually to qualified projects, and has awarded over $60 million in grant funding since the program began in 1999. For public outdoor facilities including trails, sports fields, playgrounds, picnic facilities, campgrounds, and park support facilities such as parking or restrooms. Eligible applicants include Local government agencies that are obligated by state law to provide public recreation facilities. This includes: • Cities (municipal corporations) • Counties (political subdivisions) Metropolitan Service Districts Park and recreation districts • Port districts Eligibility is limited to public outdoor park and recreation areas and facilities. These areas and facilities must be open and accessible to the public -at -large. Project Types: Eligible projects involve land acquisition, development, and major rehabilitation projects that are consistent with the outdoor recreation goals and objectives contained in the Statewide Comprehensive Outdoor Recreation Plan (SCORP). Acquisition — Acquiring land for public outdoor recreation areas, including new park land or additions to existing parks, wildlife areas, and open spaces. ECONorthwest 85 Development — Developing basic outdoor recreation facilities including sports and playfields, picnic facilities, camping facilities or interpretive facilities. Other potential projects include roads, parking areas and restroom buildings. Rehabilitation — Repairing, restoring or reconstruction on normal wear and tear of facilities. Rehabilitation projects are also those that help meet the access requirements of the Americans with Disabilities Act. Planning and Feasibility Studies Preliminary studies undertaken to determine and document a project's viability such as a city developing a plan as to where future parks will be located. The results are used to make decisions whether to proceed with the project, its public need and benefit, how many, locations, activities and likely users, etc. It is an analysis of possible alternative solutions and a recommendation on the best alternative. The above definition's intent is to provide help for communities who do not have a park master plan in place or whose plan or studies are significantly outdated. Match Criteria: The eligible match by the Applicant may include local budgeted funds, local agency labor or equipment, federal revenue sharing, other eligible grants, state and county inmate labor, donated funds, the value of private donated property, equipment, materials, labor, the value of land acquired within the past six year period, cost of appraisals, pre -development costs within the past two year period (cannot exceed 15 percent of total project costs), or any combination thereof. The Local Government Grant Program match requirements: At least 50 percent match required for- • Cities and districts over 25,000 population • Counties over 50,000 population At least 40 percent match required for- • Cities and districts with a population between 5,000 and 25,000 • Counties with a population between 30,000 and 50,000 At least 20 percent match required for- • Cities and districts under 5,000 population • Counties under 30,000 population. Large, Small and Planning Grants: ECONorthwest 86 Annual grant funds are available upon Legislative approval of OPRD's budget. Project funding depends on the amount of money available and the project's standing on the small or large project priority list. Small Grants - projects with a maximum $75,000 grant request. Up to fifteen percent (15%) of funds are available for these projects. • Large Grant Requests - Other than for land acquisitions, projects with a maximum $750,000 grant request. Applicants may request up to $1,000,000 for land acquisition projects. • Small Community Planning Grants - Maximum awards for planning grants will be $40,000 ECONorthwest 87 RV Parks and Campground Research Sources: ■ Oregon state parks campgrounds - https://oregonstatel2arks.reserveamerica.corn/unifSearchResults.do ® Campgrounds and RV parks in and around Bend - httl2s://www.visitbend.coni/where- Lo-stayLrv-camRg.rounds-parks/ ■ Campgrounds and RV parks in and around Redmond - https://www.visitredmondoregon.com/lodging-in-rdmond-ore arg z/rv-parks-cam ip ng/ ■ Crook County Campgrounds - htt-os://www.cciDrd.or /g camping ® Reservation.gov for federal campgrounds ■ Creekside Campground at Sisters - htt-os://www.ci.sisters.or.usZcreekside-camp r� ound ■ Central Oregon page for RV parks and campgrounds - hfifips•//visitcentraloregon.com/lodging/rv-came; rounds/ ECONorthwest 88 ECOnorthwest IMPACT THROUGH INSIGHT OREOON WASHINGTON BEND 1DAHO KOIN Tower Park Place 2863 NW Crossing Eagles Center 222 SW Columbia St 1200 Sixth Avenue Drive 223 North 6th Street Suite 1600 Suite 615 Suite 100 Suite 430 Portland, OR 97201 Seattle, WA 98101 Bend, OR 97701 Boise, ID 83702 503-222-6060 206-823-3060 458-202-9016 208-515-3353 �X\ E S CMG /� 2� BOAR® OF COMMISSIONERS MEETING DATE: November 13, 2023 SUBJECT: Short Term Business License Program Consideration RECOMMENDED MOTIONS: 1. Move to direct County staff to develop a Business License Program for Short Term Rentals in all unincorporated areas of Deschutes County; or 2. Move to direct County staff to develop a Business License Program for Short Term Rentals in unincorporated Deschutes County, excluding destination resorts; or 3. Decline to move forward with developing a Business License Program for Short Term Rentals in unincorporated areas of Deschutes County. BACKGROUND AND POLICY IMPLICATIONS: On September 18, 2023, the Community Development Department brought a review of short term rental (STR) policies and programs before the Board. Staff conducted interviews with various agencies and stakeholders to develop a comprehensive overview of issues related to STRs and potential solutions which could be implemented. Rather than make recommendations for a specific program, the report provided options for the Board to consider as it evaluates the impact of STRs within the community. During this discussion, the Board directed staff to research and outline options for a Business License Program for Short Term Rentals in the unincorporated areas of Deschutes County. Staff from Community Development, Finance, Administration, and Legal provided input into a Short Term Rentals Business License Briefing which is included in the meeting packet. BUDGET IMPACTS: No budget impacts have yet been identified. ATTENDANCE: Jen Patterson, Strategic Initiatives Manager Robet Tintle, Finance Director Judi Hasse, Deputy Tax Collector Michelle Assia, Management Analyst, Transient Room Tax Peter Gutowsky, CDD Director Dave Doyle, Legal Counsel Short Term Rentals - Business License Briefing Background Deschutes County collects payment of Transient Room Taxes (TRTs) on Short Term Rentals (STRs) in unincorporated areas of the County. The TRTs are collected by the Finance Department which uses a program called GovOS. GovOS is a dynamic software program that identifies STRs in the County by crosschecking most online booking platform listings, notifying Finance of new active advertisements which allows staff to contact the property owner/manager to register for a Certificate of Authority in GovOS. The system also allows for the collection, payment, and reporting of TRTs. Finance reviews the registration form submitted by the owner/manager including the Certificate of Authority (COA). The COA authorizes the owner/manager to collect transient room taxes within the unincorporated areas of Deschutes County but does not serve as an approval certifying that the dwelling/residence is lawfully established and can be used as a STR. Finance staff contacts CDD on properties that aren't clearly identified as the primary single-family dwelling within the allowed zoning districts. When a STR is not within allowed zoning districts or is in a non-permittable structure finance staff notifies the property owner/manager that the County cannot issue a COA. TRTs are collected on all registered STRs identified in the GovOS software program. As of October 2023, the County has 3,244 active STRs accounts of which 2,434 are registered within master planned destination resorts. The number of STRs, from May 2022 to October 2023, increased by 246 or about S%. The Finance Department is actively working on getting 791 accounts into compliance by completing their registration form for their Certificate of Authority. Business License Requiring a Business License for a STR is generally an option to provide guidelines and compliance standards without requiring a permit and/or making a land use determination (per Legal Counsel guidance). Components of a Business License to consider: 1. Wastewater Systems a. STRs with a septic system would be required to submit a septic permit number to verify the STR is within code compliance. Additionally, a cap of STR occupants could ensure the septic system is not being overtaxed. A recommended occupancy cap would be two people per bedroom plus two additional occupants (ex. a four -bedroom house would have an occupancy cap of 10 people). i. The County Onsite Wastewater Manager advises that most septic permits could be verified in the office and not require an onsite inspection. ii. Systems approved to serve a single family residence would be in compliance. k . Destination resorts dr:' on Vv : t_ rrt�n 'y' !:' I- I'll riC Loci; erl � of o`Jertax'ng the sewer systems. 2. Fire Life Safety Standards Checklist a. Incorporate additional fire life salety measures such as: i. Posted evacuation routes (both in the dwelling and for the property); ii. Install an adequate number of suitable Fire Extinguishers and test them regularly; and iii. Install an adequate number of suitable smoke alarms and carbon monoxide alarms and test them regularly. 3. 24/7 Property Manager Availability a. Requiring Property Manager contact information to be posted at STRs to allow neighbors and others to contact PM when issues arise during STRs stays; b. Requiring Property Manager to address calls in a timely and adequate manner; and c. Consider a standard to have license suspended or revoked when there are repeated violations or non-compliance. 4. Short Term Rental is in compliance of permittable use and zoning district a. STRs are allowed within zoning districts that allow single-family or multi -family residences as outright permitted uses Fee Structure of Business License If the Board would like to pursue implementation of a business license, the County can initiate a fee structure to recover the County's actual average costs of reviewing and issuing the initial license application and yearly license renewal application. The licensing fee would be used to support a FTE to oversee the STR business license component and compliance standards. Board Options 1. Move to approve County staff to develop a Business License Program for Short Term Rentals in all unincorporated areas of Deschutes County. 2. Move to approve County staff to develop a Business License Program for Short Term Rentals in unincorporated Deschutes County, excluding destination resorts. 3. Decline to move forward with developing a Business License Program for Short Term Rentals in unincorporated areas of Deschutes County. November 8, 2023 Landmarks Commission City of Bend 710NWWall St. Bend, OR 97701 Dear Chair Sebestyen, We strongly encourage the Landmarks Commission to approve the County's application for the removal of the AJ Tucker building. We have a critical and urgent need to expand the Deschutes County courthouse. The $40.5 million project will add 51,000 square feet to our current facility through a 3-story addition, including new courtrooms and secure basement -level parking. The key focus areas of this project are improving security, providing additional courtroom space for the two new judges that were approved by the legislature in 2021, new attorney - client conference rooms, and expanded access for participation in court proceedings. Over the last several months, staff have explored options for the removal and reuse of the building that are included in the County's application. In accordance with the City's code, the building was also offered for sale (with intent to.relocate) to the public in March of 2023. No bids were received. We believe the application'before,you balances our Board's responsibility to be fiscally prudent with taxpayer funds while honoring the histort legacy of this structure and providing a potential pathway for re -use of the most significant portion of the building, the front fa4ade, in thA fi iti irA ty's application. Thank you for your Tony DeBone, Chair Patti Adair, Vice -Chair Phil Chang, Commissioner 0 November 13, 2023 Landmarks Commission City of Bend 710NWWall St. Bend, OR 97701 Dear Chair Sebestyen, We strongly encourage the Landmarks Commission to approve the County's application for the removal of the AJ Tucker building. We have a critical and urgent need to expand the Deschutes County courthouse. The $40.5 million project will add 51,000 square feet to our current facility through a 3-story addition, including new courtrooms and secure basement -level parking. The key focus areas of this project are improving security, providing additional courtroom space for the two new judges that were approved by the legislature in 2021, new attorney -client conference rooms, and expanded access for participation in court proceedings. In accordance with the City's code, the building was offered for sale (with intent to relocate) to the public in March of 2023, No bids were received. Over the last several months, staff have explored options for removal of the building that could be included in the County's application. We believe the application before you balances our Board's responsibility to be fiscally prudent with taxpayer funds while honoring the historic legacy of this structure and providing a potential pathway for re -use in the future. We respectfully request that you approve the County's application. Thank you for your consideration. Sincerely, The Deschutes County Board of Commissioners Tony DeBone, Chair Patti Adair, Vice -Chair Phil Chang, Commissioner 1300 NW Wall Street Bend, Oregon 97703 ti (541) 388 6572 board@deschutes.org 0 www.deschutes.org Q`�v1 ES COG2< BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 9:00 AM WEDNESDAY October 25, 2023 Barnes Sawyer Rooms Live Streamed Video Present were Commissioners Tony DeBone, Patti Adair and Phil Chang. Also present were County Administrator Nick Lelack; Assistant County Counsel Kim Riley; and BOCC Executive Assistant Brenda Fritsvold. 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: • Dorinne Tye listed serious negative impacts from lead exposure and said the Bend airport is a large source of airborne lead. Adding that no level of lead exposure is safe, she urged the County to protect children and address this problem. CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda. Approval of Document No. 2023-932 granting a power line easement to Central Electric Cooperative over a portion of County -owned property 2. Authorization to establish a new Money Market Sweep Account with First Interstate Bank BOCC MEETING OCTOBER 25, 2023 PAGE 1 OF 7 MR -di al _Staffing needs (removed for separate consideration —see below) 4. Approval of Board Order No. 2023-047 authorizing the advance of taxes, assessments and charges to small tax districts 5. Approval of a lease with Oregon State University for use of space at South County Services Building to operate the Supplemental Nutritional Assistance Program Education program 6. Approval of the minutes of the October 11, 2023 BOCC meeting 7. Approval of the minutes of the October 12 BOCC Joint Meeting with the Circuit Court CHANG: Move approval of the Consent Agenda as amended to remove item 3. for separate consideration ADAIR: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 3. Approval of a contract with Maxim Healthcare Staffing Services for the Adult jail's medical staffing needs DCSO Captain Michael Shults referred to staffing shortages across the country and said because it has been especially difficult to hire and retain nurses, just four of the eight FTE registered nurse (RN) positions in Deschutes County's Adult Jail are filled. Shults said until more nurses can be hired, the proposed agreement would be used to contract for four RNs as temporary staff to bridge the service gap. Responding to Commissioner Chang, Shults said the DCSO is also down one behavioral health specialist. Commissioner Chang noted that St. Charles recently negotiated a new contract with its nursing staff at a higher rate of compensation. ADAI R: CHANG: Move approval of Chair signature of Document No.2023-890, a contract with Maxim Healthcare Staffing Services to provide temporary relief for the Deschutes County Adult Jail's medical staffing needs Second BOCC MEETING OCTOBER 25, 2023 PAGE 2 OF 7 VOTE ACTION ITEMS: 8. 9. ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Public Hearing and Board Order considering the annexation of 18.26 acres at 61150 Cabin Lane to the Bend Park & Recreation District Assistant Legal Counsel Kim Riley said this petition has been approved by the Bend Park & Recreation District and reviewed by all relevant County departments as appropriate. The public hearing was opened at 9:15 am. Sara Anselment, representing the Bend Park & Recreation District, shared the District's support for this annexation and said the property is also being annexed into the City of Bend. Commissioner Chang noted that the boundary of the Park & Recreation District is larger than Bend's Urban Growth Boundary. Anselment said there are no plans to further expand the District's boundary beyond the UGB, and any future changes are anticipated to simply align with it. There being no one else who wished to testify, the public hearing was closed at 9:17 am. CHANG: Move adoption of Board Order No. 2023-045 approving the Calvin Gabert annexation into the Bend Park & Recreation District ADAI R: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Community Wildfire Defense Grant Application for Community Wildfire Protection Plan Revision Kevin Moriarty, County Forester, explained the request to apply for a Community Wildfire Defense Grant for the purpose of revising and combining the County's BOCC MEETING OCTOBER 25, 2023 PAGE 3 OF 7 seven Community Wildfire Protection Plans (CWPPs). If granted, the funds would be used to contract with the Central Oregon Interagency Council to complete this work, which is estimated to take approximately two years. Commissioner Chang spoke to the value of having separate CWPPs, which has allowed stakeholders the opportunity to engage in intense discussions and focus in a detailed way on the varying conditions and specific needs of each area. He sought confirmation that the combined plan will facilitate seven sub -groups that will continue to meet on an individual basis, which Moriarty verified. Responding to Commissioner Chang, Moriarty said after the plans are combined into one, it will be updated every five years. Moriarty added that although CWPPs have up to a ten-year lifespan, the County has chosen to issue updates every five years. Commissioner Adair noted that the Upper Deschutes River CWPP was last updated in 2018 and is therefore due for an update. Moriarty said staff has been working on this and has already held two meetings to date. He added that part of the work to be done hinges on information from the State's wildfire hazard map, which has not yet been issued. Commissioner Adair added that the Greater Sisters CWPP was last updated in 2019, so its five-year update will be due next year. She noted that the mileage reimbursement amount referenced in the draft grant application should be changed from the 2022 rate to the current rate. CHANG: Move to authorize the Natural Resources Department to apply for a Community Wildfire Defense Grant for the purpose of revising and combining the County's seven Community Wildfire Protection Plans ADAIR: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 10. Notice of Intent to Award a contract for new shelter and housing units for male justice- involved individuals Trevor Stephens, Community Justice Business Manager, reviewed that after the County received State funding for the creation of short-term shelter and longer - term housing options for up to 24 supervised individuals annually, an RFP was issued to solicit and select a service provider. One proposal was received and evaluated; staff recommends awarding a 122-month contract to Free On the Outside for a not -to -exceed amount of $1,078,518. BOCC MEETING OCTOBER 25, 2023 PAGE 4 OF 7 Commissioner Chang appreciated that this program offers an on -site housing manager, the application of rules and structure, and wrap -around case management. Commissioner Adair noted the deadline of January 9, 2024 to commence facility operations. She was impressed with the 1 % recidivism rate claimed by the selected provider and asked where the organization fell short in the criteria used to evaluate its proposal. Stephens explained that the provider's proposal had failed to clearly identify how it meets low -barrier shelter standards. After the review panel was able to get its questions answered, it was satisfied with the explanations provided as those alleviated many of its initial concerns. Commissioner Adair asked why, after ten years of operating the facility, the provider would be granted full ownership of the property. Stephens said this condition is stipulated in the State grant funding for this project, which is part of the Governor's emergency shelter order. ADAIR: Move to authorize the County Administrator to sign Document No. 2023-954, a Notice of Intent to Award a contract to create short-term shelter and longer -term housing options for up to 24 individuals annually supervised by the Adult Parole and Probation Division CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 11. Preparation for Public Hearing: Historic Landmarks Commission Amendments Tanya Saltzman, Senior Planner, said the purpose of the proposed amendments is to provide an option to suspend the operations of the Historic Landmarks Commission (HLC) under a Board order. She shared reasons why this action could be appropriate, noting that the duties of the HLC are limited, it primarily serves as a review body, and the Commission has experienced a slowdown in activity and currently lacks a quorum. If the HLC was suspended, its review authority would be vested in the Planning Divisions of Deschutes County or the City of Sisters, as applicable. Saltzman said if the Board did suspend the HLC's operations, it could later choose to reinstate the Commission at any time. Saltzman added that one public comment has been received objecting to this change. BOCC MEETING OCTOBER 25, 2023 PAGE 5 OF 7 Commissioner Chang referred to an email which suggested that the County work to establish a joint landmarks commission with the cities. Peter Gutowsky, Community Development Director, said the County was part of a regional HLC in the past, but both Bend and Redmond established independent HLCs in order to have local control of the processes as well as the ability to apply for and receive their own grants. Noting that the County has not approved a local inventory since 1992, he advised that the Board proceed with the public hearing scheduled for next week, after which the Board can either take action on this proposal or defer it. Saltzman concluded that the public hearing will be held on November 1" OTHER ITEMS: The Board resumed its discussion regarding sending a letter concerning Measure 110 to Governor Kotek. A new draft letter was presented for the Board's consideration and possible signature by the Commissioners and District Attorney Stephen Gunnels. District Attorney Gunnels explained his criticism of Measure 110 is that it decriminalized drug possession. He said the letter should not state or imply that drug possession should remain decriminalized. Commissioner Adair said many families and children are experiencing significant negative effects due to drug use, and some users overdose multiple times. Adding that Oregon has an extremely low number of residential treatment beds per capita, she stated that she will write and send a separate letter advocating for the repeal of Measure 110. Commissioner Chang expressed his appreciation for the District Attorney's concerns about Measure 110. While he concurred that decriminalizing possession is not necessarily the right thing, he did not agree that persons who possess small amounts of drugs should end up with a criminal record as a consequence. Gunnels said although the goal of the criminal justice system with regard to possession of small amounts of drugs is treatment, this should be approached within the framework of the criminal justice system. For example, simple possession could be categorized a class A misdemeanor and first-time offenders offered a diversion option (e.g., mandatory treatment with 12 months' probation). Gunnels said compelling treatment can be effective. BOCC MEETING OCTOBER 25, 2023 PAGE 6 OF 7 Commissioners Chang and DeBone were in agreement to modify the letter as suggested by District Attorney Gunnels to state in part that Deschutes County supports providing treatment and recovery services for persons with a substance use disorder "within the criminal justice system, including diversion approaches." DEBONE: Move to approve the edited letter to Governor Kotek and others concerning Measure 110 as discussed CHANG: Second VOTE: ADAIR: No CHANG: Yes DEBONE: Chair votes yes. Motion Carried 2 - 1 • Commissioner Adair asked when the safe parking proposal will be presented to the Board. Deputy County Administrator Erik Kropp said it will come forward on November St" • The Board was in consensus to not meet on Monday, November 6t" • Deputy County Administrator Erik Kropp relayed a request from COIC that the Board's representative to the Central Oregon Regional Housing Council (currently, Commissioner Chang) and the Coordinated Houseless Response Office (currently, Commissioner Adair) be the same person. Following discussion, the Board concurred to not change these designations at this time. • Commissioner Chang reported his attendance at a meeting with the Oregon Early Learning Council, which brings focus to childcare needs across the state. He said the Council expressed its appreciation for the ARPA funds awarded by the County to address childcare needs. EXECUTIVE SESSION: None ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 10:47 am. DATED this day of ov Commissioners. �ATTEST: RECORDING SECRETARY 2023 for the Deschutes County Board of ANTHONY DEBONE, CHAIR _ WtA ,, P _ w PATTI ADAIR, VICE CHAIR PHIL CHANG, COMMISSIONER BOCC MEETING OCTOBER 25, 2023 PAGE 7 OF 7 01 E S -'Gz BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, OCTOBER 25, 2023 Barnes Sawyer Rooms - Deschutes Services Building - 1300 NW Wall Street - Bend (541) 388-6570 1 www.deschutes.org 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 via Zoom from a computer, use this link: http://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. Time estimates: The times listed on agenda items are estimates only. Generally, items will be heard in sequential order and items, including public hearings, may be heard before or after their listed times. CALL TO ORDER PLEDGE OF ALLEGIANCE CITIZEN INPUT: Citizen Input may be provided as comment on any topic that is not on the agenda. Note: In addition to the option of providing in -person comments at the meeting, citizen input comments may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734. CONSENT AGENDA 1. Approval of Document No. 2023-932 granting a power line easement to Central Electric Cooperative over a portion of County -owned property 2. Authorization to establish a new Money Market Sweep Account with First Interstate Bank 3. Approval of a contract with Maxim Healthcare Staffing Services for the Adult Jail's medical staffing needs 4. Approval of Board Order No. 2023-047 authorizing the advance of taxes, assessments and charges to small tax districts 5. Approval of a lease with Oregon State University for use of space at South County Services Building to operate the Supplemental Nutritional Assistance Program Education program 6. Approval of the minutes of the October 11, 2023 BOCC meeting 7. Approval of the minutes of the October 12 BOCC Joint Meeting with the Circuit Court ACTION ITEMS 8. 9:10 AM Public Hearing and Board Order considering the annexation of 18.26 acres at 61150 Cabin Lane to the Bend Park & Recreation District 9. 9:20 AM Community Wildfire Defense Grant Application for Community Wildfire Protection Plan Revision October 25, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3 10. 9:30 AM Notice of Intent to Award a contract for new shelter and housing units for male justice- involved individuals 11. Preparation for Public Hearing: Historic Landmarks Commission Amendments OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. EXECUTIVE SESSION At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations, ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations, ORS 192.660(2)(b), personnel issues; or other executive session categories. Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. ADJOURN October 25, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3 �0TES Co o`er G2{ BOARD OF COMMISSIONERS MEETING DATE: October 25, 2023 SUBJECT: Authorization to establish a new Money Market Sweep Account with First Interstate Bank RECOMMENDED MOTION: Move to authorize Finance staff to establish a new Money Market Sweep account with First Interstate Bank (FIB), our contracted banking service provider. BACKGROUND AND POLICY IMPLICATIONS: First Interstate Bank, the County's contracted banking service provider, has offered the opportunity to establish a new Money Market Sweep Account that would enhance the County's existing account structure. This Sweep account would provide a rate matching the Local Government Investment Pool rate (LGIP), which is currently 5.0% for balances in excess of $9,000,000. Presently, the FIB contracted rate is 15 bps (.15%) for balances above this limit. The benefits of this enhanced account structure include more efficient funds management (i.e., potentially fewer transfers between FIB and the LGIP) and no limits on maximum balances. All balances would be fully insured under the Public Funds Collateralization program. BUDGET IMPACTS: Potential higher interest earnings through more efficient funds management. ATTENDANCE: Bill Kuhn, County Treasurer Robert Tintle, CFO 01 E S C0 G2� BOARD OF COMMISSIONERS MEETING DATE: October 25, 2023 SUBJECT: Community Wildfire Defense Grant Application for Community Wildfire Protection Plan Revision RECOMMENDED MOTION: Move to authorize the submittal of an application for a Community Wildfire Defense Grant. BACKGROUND AND POLICY IMPLICATIONS: The Natural Resources Department seeks Board authorization to apply for a federal Community Wildfire Defense Grant for the purpose of revising and combining the County's seven Community Wildfire Protection Plans (CWPPs). If granted, the funds would be used to contract with Central Oregon Interagency Council to complete this work, which is estimated to take approximately two years. Combining the seven CWPPs into one is expected to enhance the County's likelihood of receiving grants, which has been complicated by having multiple separate CWPPs. In addition, each CWPP is updated every five years on a staggered schedule, which has resulted in a very large and unrealistic workload for the department. The proposal is to combine the CWPPs into one document which identifies the seven existing areas along with each area's unique stakeholders and its needs for wildfire protection planning and fuels mitigation efforts. BUDGET IMPACTS: If approved, the application could result in a grant award of $150,000. The 10% match would be provided through other grant funding the department has already been awarded for wildland fire projects. ATTENDANCE: Kevin Moriarty, County Forester Corinne Heiner, Fire Adapted Communities Coordinator Name of Proiect: Deschutes County CWPP Proiect Location: Deschutes County, Oregon (county -wide) Project Coordinator: Shelby Knight, Resilience Planner, Central Oregon Intergovernmental Council Contact Information: sknight@coic.org 541-279-3898 Proiect Description: COIC will coordinate the Deschutes County CWPP rewrite in 2024. This rewrite will combine all seven Deschutes County CWPP's into one singular county -wide CWPP. An up to date CWPP is critical to being eligible and ready to take advantage of promising mitigation projects and funding opportunities to reduce community risk to wildfire. The CWPP rewrite process provides the opportunity for communities to assess risk to wildfire and identify local priorities and actions. It therefore helps to reduce the risk of property loss and/or human health impacts from severe wildfire by focusing attention on priority communities. It may also help improve ecological health of federally managed lands in Deschutes County for the benefit of all U.S. Citizens. By working with various stakeholders in the community and establishing relationships, we are improving community relations and trust within the public in general. This project will also support the development of a mosaic of defensible space within Deschutes County so firefighters can more safely take a stand to protect homes and make the homes themselves more resistant to the risk of ignition. Project Scope: 1. Finalize Scope of Work and Process (20 hours total for 3 staff) a. Work with Deschutes County Fire Adapted Communities Coordinator and County Forester to finalize the scope, partners, schedule, and overall process/desired outcomes. i. Schedule up to 2 coordination meetings 2. Perform the S-Year Update to the Deschutes County Community Wildfire Protection Plans in Need of Full Update (500 hours total for 2 staff) a. Convene and coordinate up to 6 steering team meetings per plan (12 total) in order to complete the rewrite for the Upper Deschutes River CWPP 2018 and the East and West Deschutes County CWPP 2019. The rewrite process includes: L Work with Deschutes County, state, and federal agencies to update the GIS layers and produce new base maps; ii. Revise the community risk assessment utilizing the State of Oregon's new Oregon Wildfire Risk Explorer maps; iii. Develop metrics to ensure target priority goals are being met; iv. Update community priorities and recommendations; v. Update and track progress on the action plan/s; and vi. Present the draft plan to affected communities in Deschutes County and collect feedback. 3. Perform Annual Updates for remaining Community Wildfire Protection Plans (250 hours total for 2 staff) a. Re -convene and coordinate at least one steering team meeting per plan to review and revise the risk assessment, priority goals and recommendations, and the action plan for the following: i. Greater Redmond CWPP 2022 ii. Greater Bend CWPP 2021 iii. Sunriver CWPP 2020 iv. Greater La Pine CWPP 2022 v. Greater Sisters CWPP 2019 4. Combine current Seven Deschutes County CWPP's into One County CWPP Plan (80 hours total for 3 staff) a) Combine all revised CWPP's into one Deschutes County CWPP Proiect Partners: • Deschutes County Emergency Management (Sheriff's Office) • Deschutes County • Deschutes County Fire & Rescue • City of Bend • City of La Pine • City of Redmond • City of Sisters • Sunriver Owners Association • Upper Deschutes River Communities • Rural Fire Protection Associations • Oregon Department of Forestry • U.S. Forest Service • U.S. Bureau of Land Management Proiect Duration: Spring 2024 — Spring 2026 Project Budget: Contracting Description hours Hourly rate Total Resilience Planner 150 $ 100.00 $ 15,000.00 Project Manager 300 $ 80.00 $ 24,000.00 Program Assistant 400 $ 70.00 $ 28,000.00 Subtotal $ 67,000.00 Materials and Supplies Description Cost per unit Units Total Printing final CWPP $ 20.00 200 $ 4,000.00 Meeting materials/snacks $ 20.00 18 $ 360.00 Subtotal $ 4,360.00 Travel Description Cost per unit Unit (miles) Total Mileage reimbursement $ 0.625 600 $ 375.00 Subtotal $ 375.00 Admin Description Fee Percentage I Total Project Cost Total Fee Admin Costs I 0.1 1 $ 71,735.00 1 $ 7,173.50 E S COG2� � BOARD OF COMMISSIONERS MEETING DATE: October 25, 2023 SUBIECT: Preparation for Public Hearing: Historic Landmarks Commission Amendments RECOMMENDED MOTION: None BACKGROUND AND POLICY IMPLICATIONS: Staff will conduct a work session to prepare the Board for a public hearing on November 1 st concerning legislative text amendments to Deschutes County Code (DCC), Title 2, Administration, Chapter 2.28, Historic Preservation and Historic Landmarks Commission and to Chapter 2 of the Deschutes County Comprehensive Plan. The primary purpose of the amendments is to provide the option to suspend the Historic Landmarks Commission (HLC) upon Board order, and for review authority as described in DCC 2.28 to be vested in the Planning Divisions of Deschutes County or the City of Sisters as applicable. The amendments retain the ability for the Historic Landmarks Commission to be reinstated at any time. BUDGET IMPACTS: None ATTENDANCE: Tanya Saltzman, AICP, Senior Planner MEMORANDUM DATE: October 23, 2023 TO: Deschutes County Board of Commissioners FROM: Tanya Saltzman, AICP, Senior Planner RE: Preparation for Public Hearing: Historic Landmarks Commission Amendments Staff is conducting a work session to prepare the Board of County Commissioners (Board) for a November 1 public hearing concerning legislative text amendments to Deschutes County Code (DCC), Title 2, Administration, Chapter 2.28, Historic Preservation and Historic Landmarks Commission and to Chapter 2 of the Deschutes County Comprehensive Plan. The primary purpose of the amendments is to provide the option to suspend the Historic Landmarks Commission (HLC) upon Board order, and for review authority as described in DCC 2.28 to be vested in the Planning Divisions of Deschutes County or the City of Sisters as applicable. The amendments retain the ability for the Historic Landmarks Commission to be reinstated at any time by the Board of County Commissioners (Board). As detailed below, the Historic Landmarks Commission has been experiencing a slowdown in activity and currently lacks a quorum. Staff provided an update to the Board and received direction to proceed on August 30, 2023. 35-day Post -Acknowledgement Plan Amendment (PAPA) notice was provided to the Department of Land Conservation and Development (DLCD) On September 27, 2023. Awork session was held with the Planning Commission on October 12, 2023.1 A public hearing before the Board is scheduled for November 1, 2023. A. Historic Preservation and County Code Historic resources are recognized by Statewide Planning Goal 5, Natural Resources, Scenic Views and Historic Areas and Open Spaces, and Oregon Administrative Rule (OAR) 660-023-0200. The Statewide Goal and OAR require basic protections for sites listed on the National Register of Historic Places and recommend the County to inventory and protect other historic or cultural sites. The Board of County Commissioners (Board) adopted Ordinance PL-21 on September 17, 1980 to establish the Deschutes County Historic Landmarks Commission and create a process to evaluate, designate and regulate historic resources throughout the rural county. The resulting local inventory 1 https://www.deschutes.org/bc-pc/page/planning-commission-41 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q, (5,11) 388-6575 @cdd@deschutes.org ®www.deschutes.org/cd of historical resources and National Register of Historic Places can be found in the County Comprehensive Plan. Deschutes County Code (DCC) Chapter 2.28 - Historic Preservation and Historic Landmarks Commission - provides procedures for protecting designated local and National Register historic resources. Chapter 2.28 also provides the basis for the establishment and duties of the Historic Landmarks Commission. B. HLC Overview Since 2011, the HLC has served as an advisory body for issues concerning historic and cultural resources for unincorporated Deschutes County and the City of Sisters and reviews development applications for alterations to designated historic sites and structures. The cities of Redmond and Bend have independent historic preservation review bodies. The Deschutes County Comprehensive Plan Section 2.11 Cultural and Historic Resources and Deschutes County Code (DCC) Chapter 2.28, Historic Preservation and Historic Landmarks Commission, establish the legal basis for the HLC. Deschutes County, together with Sisters, is a Certified Local Government (CLG). The Certified Local Government program is designed to promote historic preservation at the local level. It is a federal program (National Park Service) that is administered by the Oregon State Historic Preservation Office (SHPO). Local governments must meet certain qualifications to become "certified" and thereby qualify to receive federal grants through SHPO and additional technical assistance. These requirements include: • Establish a historic preservation commission; • Pass a preservation ordinance that outlines how the local government will address historic preservation issues; • Agree to participate in updating and expanding the state's historic building inventory program; • Agree to review and comment on any National Register of Historic Places nominations of properties within the local government boundaries. CLGs are eligible for non-competitive grants that fund work that supports the promotion of historic preservation including surveys, nominations to the National Register of Historic Places, public education, training, etc. The grants, which require a 50/50 in -kind match, have typically been in the $5,000415,000 range in recent years. Deschutes County has applied for and received CLG grants since 2009. Most recently, Deschutes County HLC applied and was approved for a smaller grant amount ($5,500) owing to capacity issues and lack of projects that fit the grant funding parameters. Until recently, the HLC had five voting members and one ex-officio member. In spring of 2023, two committee members —including the then -Chair —resigned and another, longtime Commissioner Sharon Leighty, passed away. Staff initiated recruitments for all three positions to coincide with May Preservation Month. Low interest caused staff to extend the recruitment one month until the end of June, and then again until August 15. Recruitments were posted on the HLC website and social media, the CDD e-newsletter, and promoted via staffs professional networks. Ultimately only two applications were submitted for the three open positions. Page 2 of 4 It has become increasingly apparent that there is not currently robust interest in the HLC to keep it sustainable. This is not for a lack of residents' appreciation of the rich history of Deschutes County, or for a lack of historic resources; however, the structure and role of the HLC does have some inherent limitations. County historic sites are generally spread out, often more difficult to access, and lack the "critical mass" of historic sites that cities can offer, an example being a downtown historic district. Most historic sites are private property and require owner consent to either nominate, rehabilitate, or provide access. As such, Deschutes County has not reviewed a property for the nomination of a local historic resource in several decades.' Recently, the HLC has focused on being a "connector," directing people to sources of potential grant funds, education, processes, or local resources, since the HLC lacks the ability to directly participate in (or fund) physical rehabilitation. CLG grant funds have recently been used either directly by the City of Sisters (last year's primary project was to update its StoryMap of historic resources, for instance) or for staff time in developing guiding documents such as the Strategic Plan and the Policies and Procedures Manual. Participation in May Preservation Month has been limited for various reasons, with the brunt of the planning being undertaken by local groups such as the Deschutes County Historical Society and Three Sisters Historical Society & Museum, both of which have reputations for lively and informative events, workshops, and tours. C. Legislative Proposal Given this trajectory and the constraints noted above, staff offered the following path for Board consideration at a work session on August 30, 2023. The Board supported moving forward through a public process for proposed legislative amendments (Attachment 1), which include the following: • Suspend the Historic Landmarks Commission as it currently exists. • Amend DCC Chapter 2.28 to allow suspension of the HLC by Board order. In this scenario, review of alterations to historic resources or nominations of local significance is vested in the Planning Division. Review of alterations of historic sites or structures would be processed as a land use decision; local nominations of historic sites would be processed legislatively, starting with the Planning Commission. • DCC Chapter 2.28 retains its references to the HLC with an amendment acknowledging that if the HLC is not appointed, review authority rests with the Planning Division. • Deschutes County/Sisters would no longer be a CLG and therefore would not be eligible for CLG funding. For this grant cycle, no funding has yet been spent and staff would coordinate with SHPO to ensure compliance. • Amend Policy 2.11 of the current Comprehensive Plan to acknowledge this path. In addition, staff recognizes that the new draft Comprehensive Plan, which is scheduled for its first hearing before the Planning Commission on October 26, may require additional amendments to align with the proposed changes of this proposal. 2 Since 2011, there have been three successful nominations to the National Register of Historic Places: Deedon Homestead, Pilot Butte Canal Historic District, and Central Oregon Canal Historic District. Page 3 of 4 • Going forward, the City of Sisters would need to address their own responsibilities as it pertains to their historic structures. • in the future, if the community galvanizes and expresses support for appointing an HLC, staff can coordinate with the Board during CDD`s annual workplan to discuss the opportunity. • In a separate section, the amendments remove DCC 2.28(new 13)(5) that refers to the selection of a commissioner representing the Pioneer Association. The Pioneer Association is no longer a separate not -for -profit Oregon entity and as such this provision is no longer applicable. D. Next Steps The Board is scheduled to hold a public hearing on the proposed amendments on November 1, 2023, to be followed by deliberations as directed by the Board. Staff recognizes the knowledge and commitment of its past and current Historic Landmarks Commissioners, and greatly appreciates the expertise those individuals have chosen to bring to the Deschutes County community. Attachments: Draft Amendments Draft Findings Page 4 of 4 CHAPTER 2.28 HISTORIC PRESERVATION AND HISTORIC LANDMARKS COMMISSION 2.28.040 Administration 2.28.040 Administration A. The Board may suspend the Landmarks Commission at any time, pursuant to Board Order. Review authority under this Chapter shall be vested in the Planning Divisions of Deschutes County or the City of Sisters, as applicable, during any time the Landmarks Commission is suspended by the Board. A.B.The Landmarks Commission is composed of five voting and an undetermined number of ex- officio members. 1. The voting members must reside within the County. 2. The membership of the Landmarks Commission shall, to the extent possible, be representative of the various geographic areas of the County. 3. The Mayor of Sisters may appoint one Commissioner to represent the City of Sisters or delegate it to Deschutes County. 4. The Board shall appoint at least four Landmarks Commissioners. &5. If the City of Sisters delegates their appointment to Deschutes County, the Board shall appoint a fifth Landmarks Commissioner. �L6. The ex-officio members shall be appointed by the Board. 9-.C. Landmarks Commissioners: To the extent they are available, at least some of the commission members should meet professional qualifications in the disciplines of history, architecture, architectural history, archaeology, or related fields. QD.Landmarks Commissioners serve four-year terms. Any vacancy occurring in a position for any reason other than expiration of a term shall be filled by appointment for the remainder of the term. 9-E.Ex-Officio Members. 1. In addition to the five voting members, there shall be an undetermined number of Commissioners called "ex officio members" who will act in a non -voting, advisory capacity to the Landmarks Commission and County staff. 2. These ex officio members shall not be entitled to vote and are not required to reside within Deschutes County. 3. These persons shall be representative of organizations including, but not limited to, the United States Forest Service, United States Bureau of Land Management, the County building division, the American Institute of Architects, the Confederated Tribes of Warm Springs, Bums Paiute Tribe, and Klamath Tribes. €-F. The officers of the Landmarks Commission shall consist of a chairperson and vice -chairperson, each elected by a majority vote of the Commission. F-.-G. The regular time, place and manner of notice of meetings shall be fixed by rules of the Landmarks Commission. However, the Landmarks Commission shall meet at least on a quarterly basis. G.-H. The Landmarks Commission shall submit an annual report to the Board. W.I_Any clerical and staff assistance necessary shall be provided by the County Planning Division staff or as otherwise delegated by the Board. W. The Landmarks Commission shall serve as a hearings body for matters concerning Significant Historic Resources within the County and the City of Sisters. -J-.K. The Landmarks Commission shall serve as the initial hearings body for matters concerning applications to designate a historic resource as a Locally Significant Historic Resource. The Board of County Commissioners shall consider the decision of the Landmarks Commission and serve as the final hearings body. X-.L. The Landmarks Commission shall review nominations to the National Register of Historic Places at the direction of the State Historic Preservation Office. M. The Landmarks Commission may act upon requests by any community member, by owners of structures, objects, districts, or sites, or on its own motion concerning the designation of particular districts, objects, or sites. M-. N. The Landmarks Commission shall have authority to inspect or investigate any district, structure, object or site in the County which it is requested to designate, or which it has reason to believe is an architectural and/or historical landmark. 44-.0. The Landmarks Commission shall review all information which it has and shall hold hearings as prescribed in DCC 22.24.050 through 22.24.190. 9.P.The Landmarks Commission shall have authority to coordinate historical preservation programs of the county, state and federal governments, as they relate to property within the County. P-.Q.The Landmarks Commission may recommend to the Board or the State Legislature any changes of law which it finds appropriate. $R. Current Resource. 1. The Landmarks Commission shall compile and maintain a current Resource List that includes the applicable tax lots and addresses, the date of designation, and a brief description of the resource and reasons for inclusion. 2. Disclosure of the locations and descriptions of designated Archaeological Resources are subject to appropriate state and federal laws. 4;6S.The Landmarks Commission shall notify all owners of a historic resource recommended for designation of such recommendation. The historic resource will not be approved for a historic designation unless the property owners at the time of designation support the local designation of their property as a Locally Significant Historic Resource. &T. The Landmarks Commission shall have authority to take such steps as it finds appropriate or necessary to make available to the public information concerning its activities and various Historic Resources to be designated pursuant to DCC 2.28. T-.U.The Landmarks Commission shall perform such other duties relating to historical matters as the Board of County Commissioners may request. U-M. Landmark Commissioners shall serve without compensation. V-.W. The Landmark Commission shall support the enforcement of all federal and state laws relating to the protection of National Register Resources, Archaeological Sites, and Archaeological Objects regardless if they are designated to the Resource List. HISTORY Adopted by Ord. PL-21 §2,3 on 911711980 Amended by Ord. 88-008 §§3, 4 and 5 on 112711988 Amended by Ord. 95-027 §1 on 511711995 Amended by Ord. 2005-029 §1 on 61612005 Amended by Ord. 2010-019 §1 on 812312010 Amended by Ord. 2012-003 §1 on 311412012 Amended by Ord. 2012-001 §1 on 41412012 Amended by Ord. 2020-006 §5 on 1111012020 Amended by Ord. 2023-xxx §x on xxlxxl2023 <sect% o v . 2.11 aLtLtL4- rn L R vi,o W- stor%a R.esokrces PoLLc%es Goal and Policies Goal I Promote the preservation of designated historic and cultural resources through education, incentives and voluntary programs. Policy 2.1 1.1 The Historic Landmarks Commission shall take the lead in promoting historic and cultural resource preservation as defined in DCC 2.28. a. Support incentives for private landowners to protect and restore historic resources. b. Support the Historic Landmarks Commission to promote educational programs to inform the public of the values of historic preservation. c. Support improved training for the Historic Landmarks Commission. Policy 2.1 1.2 Coordinate cultural and historic preservation with the Oregon State Historic Preservation Office. a. Maintain Deschutes County as a Certified Local Government when the Historic Landmarks Commission is not suspended. b. Encourage private property owners to coordinate with the State Historic Preservation Office. Policy 2.1 1.3 Encourage the preservation of lands with significant historic or cultural resources. a. Develop and maintain a comprehensive list of sites on the National Register of Historic Places. b. Review County Code and revise as needed to provide incentives and adequate regulations to preserve sites listed on the Statewide Goal 5 historic and cultural inventory. Policy 2.1 1.4 Goal 5 historic inventories, ESEEs and programs are retained and not repealed, except for the amendment noted in Ordinance 201 1-003 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 X CHAPTER 2 RESOURCE MANAGEMENT REFERENCES s ectLO vk' 5.12 L_ee)�s Lpt�Ve wsto Ku 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 4.1, 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 S.12 LEGISLATIVE HISTORY 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 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 Count 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 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 Inventor 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 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 ` 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 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 01-27-21 /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 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 07-27-22/ 10-25-22 Comprehensive Plan Map 2022-010 (superseded by 23.01.010 Designation for Certain Ord. 2023-015) Property from Agriculture AG To Rural Industrial RI Comprehensive Plan Map Designation for Certain 2022-013 12-14-22/03-14-23 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 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 Comprehensive Plan Map Designation for Certain 2023-007 04-26-23/6-25-23 23.01.010 Property from Agriculture (AG) to Rural Residential Exception Area (RREA) Comprehensive Plan Map Designation for Certain 2023-010 06-21-23/9-17-23 23.01.010 Property from Agriculture (AG) to Rural Residential Exception Area (RREA) Comprehensive Plan Map Designation for Certain 2023-018 08-30-23/ 1 1-29-23 23.01.010 Property from Agriculture (AG) to Rural Residential Exception Area (RREA) Comprehensive Plan Map 2023-015 09-13/23/ 12-12-23 23.01.010 Designation for Certain Property from Agriculture (AG) to Rural Industrial (RI) Comprehensive Plan Text Amendment to acknowledge Board option to suspend 2023-xxx TBD 2.1 1, 23.01.010 Historic Landmarks Commission DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY TITLE 23 COMPREHENSIVE PLAN CHAPTER 23.01 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, §11 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. 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, 2019] 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. Al. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-011, are incorporated by reference herein. AJ. 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. 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 2022-010, are incorporated by reference herein. BB. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2023-001, are incorporated by reference herein. BC. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2023-010, are incorporated by reference herein BD. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2023-xxx, 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. 2018-006 §1 on 1112012018 Amended by Ord. 2018-011 §1 on 1211112018 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. 2022-010 §3 on 1012512022 Amended by Ord. 2023-001 §19 on 513012023 Amended by Ord. 2023-010 §3 on 911912023 Amended by Ord. 2023-xxx §x on x1x12023 FINDINGS I. PROPOSAL This is a legislative text amendment to Deschutes County Code (DCC), Title 2, Administration, Chapter 2.28, Historic Preservation and Historic Landmarks Commission and to Chapter 2 of the Deschutes County Comprehensive Plan. The primary purpose of the amendments is to provide the option to suspend the Historic Landmarks Commission (HLC) upon Board order, and for review authority as described in DCC 2.28 to be vested in the Planning Divisions of Deschutes County or the City of Sisters as applicable. The amendments retain the ability for the Historic Landmarks Commission to be reinstated at any time by the Board of County Commissioners (Board). II. BACKGROUND A. Historic Preservation and County Code Historic resources are recognized by Statewide Planning Goal S, Natural Resources, Scenic Views and Historic Areas and Open Spaces, and Oregon Administrative Rule (OAR) 660-023-0200. The Statewide Goal and OAR require basic protections for sites listed on the National Register of Historic Places and recommend the County to inventory and protect other historic or cultural sites. The Board of County Commissioners (Board) adopted Ordinance PL-21 on September 17, 1980 to establish i the Deschutes County Historic Landmarks Commission � and create a process to evaluate, designate and regulate historic resources throughout the rural county. The resulting local inventory of historical resources and National Register of Historic Places can be found in the County Comprehensive Plan. Deschutes County Code (DCC) Chapter 2.28 - Historic Preservation and Historic Landmarks Commission - provides procedures for protecting designated local and National Register historic resources. Chapter 2.28 also provides the basis for the establishment and duties of the Historic Landmarks Commission. B. HLC Overview Since 2011, the HLC has served as an advisory body for issues concerning historic and cultural resources for unincorporated Deschutes County and the City of Sisters and reviews development applications for alterations to designated historic sites and structures. The cities of Redmond and Bend have independent historic preservation review bodies. The Deschutes County Comprehensive 117 NW Lafayette Avenue, Bend, Oregon 97703 i P.O. Box 6005, Bend, OR 97708-6005 Q,(541)388-6575 @cdd@deschutes.org @ www.deschutes.org/cd Plan Section 2.11 Cultural and Historic Resources and Deschutes County Code (DCC) Chapter 2.28, Historic Preservation and Historic Landmarks Commission, establish the legal basis for the HLC. Deschutes County, together with Sisters, is a Certified Local Government (CLG). The Certified Local Government program is designed to promote historic preservation at the local level. It is a federal program (National Park Service) that is administered by the Oregon State Historic Preservation Office (SHPO). Local governments must meet certain qualifications to become "certified" and thereby qualify to receive federal grants through SHPO and additional technical assistance. These requirements include: • Establish a historic preservation commission; • Pass a preservation ordinance that outlines how the local government will address historic preservation issues; • Agree to participate in updating and expanding the state's historic building inventory program; • Agree to review and comment on any National Register of Historic Places nominations of properties within the local government boundaries. CLGs are eligible for non-competitive grants that fund work that supports the promotion of historic preservation including surveys, nominations to the National Register of Historic Places, public education, training, etc. The grants, which require a 50/50 in -kind match, have typically been in the $5,000-$15,000 range in recent years. Deschutes County has applied for and received CLG grants since 2009. Most recently, Deschutes County HLC applied and was approved for a smaller grant amount ($5,500) owing to capacity issues and lack of projects that fit the grant funding parameters. Until recently, the HLC had five voting members and one ex-officio member. In spring of 2023, two committee members —including the then -Chair —resigned and another, longtime Commissioner Sharon Leighty, passed away. Staff initiated recruitments for all three positions to coincide with May Preservation Month. Low interest caused staff to extend the recruitment one month until the end of June, and then again until August 15. Recruitments were posted on the HLC website and social media, the CDD e-newsletter, and promoted via staffs professional networks. Ultimately only two applications were submitted for the three open positions. It has become increasingly apparent that there is not currently robust interest in the HLC to keep it sustainable. This is not for a lack of residents' appreciation of the rich history of Deschutes County; however, the structure and role of the HLC does have some inherent limitations. County historic sites are generally spread out, often more difficult to access, and lack the "critical mass" of historic sites that cities can offer, an example being a downtown historic district. Most historic sites are private property and require owner consent to either nominate, rehabilitate, or provide access. As such, Deschutes County has not reviewed a property for the nomination of a local historic resource in several decades.' 1 Since 2011, there have been three successful nominations to the National Register of Historic Places: Deedon Homestead, Pilot Butte Canal Historic District, and Central Oregon Canal Historic District. 247-23-000693-TA Page 2 of 11 Recently, the HLC has focused on being a "connector," directing people to sources of potential grant funds, education, processes, or local resources, since the HLC lacks the ability to directly participate in (or fund) physical rehabilitation. CLG grant funds have recently been used either directly by the City of Sisters (last year's primary project was to update its StoryMap of historic resources, for instance) or for staff time in developing guiding documents such as the Strategic Plan and the Policies and Procedures Manual. Participation in May Preservation Month has been limited for various reasons, with the brunt of the planning being undertaken by local groups such as the Deschutes County Historical Society and Three Sisters Historical Society & Museum, both of which have reputations for lively and informative events, workshops, and tours. Given this trajectory and the constraints noted above, staff offered the following path for Board consideration at a work session on August 30, 2023. The Board supported moving forward through a public process for proposed legislative amendments, which include the following: • Disband the Historic Landmarks Commission as it currently exists. • Amend DCC Chapter 2.28 to allow suspension of the HLC by Board order. In this scenario, review of alterations to historic resources or nominations of local significance is vested in the Planning Division. Review of alterations of historic sites or structures would be processed as a land use decision; local nominations of historic sites would be processed legislatively, starting with the Planning Commission. • DCC Chapter 2.28 retains its references to the HLC with an amendment acknowledging that if the HLC is not appointed, review authority rests with the Planning Division. • Deschutes County/Sisters would no longer be a CLG and therefore would not be eligible for CLG funding. For this grant cycle, no funding has yet been spent and staff would coordinate with SHPO to ensure compliance. • Amend Policy 2.11 of the current Comprehensive Plan to acknowledge this path. • Going forward, the City of Sisters would need to address their own responsibilities as it pertains to their historic structures. • In the future, if the community galvanizes and expresses support for appointing an HLC, staff can coordinate with the Board during CDD's annual workplan to discuss the opportunity. • In a separate section, the amendments remove DCC 2.28(new B)(5) that refers to the selection of a commissioner representing the Pioneer Association. The Pioneer Association is no longer a separate not -for -profit Oregon entity and as such this provision is no longer applicable. III. REVIEW CRITERIA Deschutes County lacks specific criteria in DCC Titles 22 or 23 for reviewing a legislative text amendment. Nonetheless, since Deschutes County is initiating one, the County bears the 247-23-000693-TA Page 3 of 11 responsibility forjustifying that the amendments are consistent with Statewide Planning Goals and its existing Comprehensive Plan. IV. FINDINGS CHAPTER 22.12, LEGISLATIVE PROCEDURES Section 22.12.010. Hearing Required FINDING: The Planning Commission reviewed the proposed amendments on October 12, 2023. The Board of County Commissioners will hold a public hearing on November 1, 2023. This criterion will be met. Section 22.12.020, Notice Notice A. Published Notice 1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least 10 days prior to each public hearing. 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. FINDING: This criterion will be met as notice was published in the Bend Bulletin newspaper for the Board of County Commissioners' public hearing. B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. FINDING: Posted notice was determined by the Planning Director not to be necessary. C. Individual notice. Individual notice to property owners, as defined in DCC 22.0&010(A), shall be provided at the discretion of the Planning Director, except as required by ORS 215.503. FINDING: The Planning Division mailed notice to all property owners with a designated historic or cultural resource on their property. This criterion is met. D. Media notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. FINDING: Notice was provided to the County public information official for wider media distribution. This criterion is met. 247-23-000693-TA Page 4 of 11 Section 22.12.030 Initiation ofLegisiative Chan es._ A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of County Commissioners. FINDING: The application was initiated by the Deschutes County Planning Division at the direction of the Board of County Commissioners, and has received a fee waiver. This criterion is met. Section 22.12.040. Hearings Body A. The following shall serve as hearings or review body for legislative changes in this order. 1. The Planning Commission. 2. The Board of County Commissioners. B. Any legislative change initiated by the Board of County Commissioners shall be reviewed by the Planning Commission prior to action being taken by the Board of Commissioners. FINDING: The Deschutes County Planning Commission reviewed the proposed amendments on October 12, 2023. The Board then held a public hearing on November 1, 2023. These criteria are met. Section 22.12.050 Final Decision All legislative changes shall be adopted by ordinance FINDING: The proposed legislative changes will be implemented by Ordinance No. [number TBD] upon approval and adoption by the Board of County Commissioners. This criterion will be met. STATEWIDE PLANNING GOALS AND GUIDELINES Goal 1: Citizen Involvement: The amendments do not propose to change the structure of the County's citizen involvement program. Notice of the proposed amendments was provided to the Bulletin for the Board public hearing, and the Planning Commission, which acts as the citizen involvement committee for Deschutes County, reviewed the proposed amendments at a work session. This goal is met. Goal 2: Land Use Planning: This goal is met because ORS 197.610 allows local governments to initiate post acknowledgment plan amendments (PAPA). An Oregon Land Conservation and Development Department 35-day notice was initiated on September 27, 2023. The Planning Commission reviewed the amendments at a work session on October 12, 2023 and the Board of County Commissioners held a public hearing on November 1, 2023. The Findings document provides the adequate factual basis for the amendments. 247-23-000693-TA Page 5 of 11 Goal 3: Agricultural Lands and Goal 4, Forest Lands: No changes related to agricultural or forest lands are proposed as part of the text amendments. The proposed amendments impact the administration of historic resource protection; they do not modify allowed uses or where uses can be located. This goal does not apply. Goal 5. Open Spaces Scenic and Historic Areas and Natural Resources: The proposed amendments address the administration of historic resource protection, giving the option of review by the Planning Division if the Historic Landmarks Commission is suspended at the time. The protections themselves and the list of resources remain unchanged and remain in compliance with the State Historic Preservation Rule under Goal 5, OAR 660-023-0200. More specifically, OAR 660-023-0200 (5)(b) states "Local governments may delegate the determination of locally significant historic resources to a local planning commission or historic resources commission." This goal is met. Goal 6: Air Water and Land Resources Quality and Goal 7, Natural Hazards: The proposed text amendments do not propose changes to the County's Comprehensive Plan policies or implementing regulations for compliance with Goal 6. The County has proposed amendments that address the administration of historic resource preservation; the historic preservation ordinance does not regulate uses or where a structure can be located. No development or land use changes are proposed that impact air, water and land resource qualities or natural hazards. Thus, Goal 6 is not applicable. Goal 8: Recreational Needs: This Goal is not applicable because the County is proposing amendments to the County's administration of historic preservation. No development or land use changes are being proposed that impact lands designated with recreational resources. Goal 9: Economic Development: This Goal is not applicable because the proposed amendments do not impact the ability of cities or counties to have enough land available to realize economic growth and development opportunities. The amendments pertain to the administration of historic preservation. Goal 10: Housing: This goal is not applicable because unlike municipalities, unincorporated areas are not obligated to fulfill certain housing requirements. Goal 11: Public Facilities and Services: This goal is not applicable because the County is proposing amendments to the administration of historic preservation. No development or land use changes are being proposed that impact public facilities. Goal 12: Transportation: This Goal is not applicable because the County is proposing amendments to the administration of historic preservation. No development or land use changes are being proposed that impact transportation facilities. Goal 13: Energy Conservation: This Goal is not applicable because the County is proposing amendments to the administration of historic preservation. No development or land use changes are being proposed that impact energy conservation. 247-23-000693-TA Page 6 of 11 Goal 14: Urbanization: The purpose of Goal 14 is to direct urban uses to areas inside UGBs. As the proposed amendments do not seek to allow urban lases on rural land, nor do they seek to expand an existing urban growth boundary, this goal does not apply. Goals 15 through 19: Deschutes County does not contain any of the relevant land types included in Goals 15-19. Therefore these goals do not apply. OAR 660-023 PROCEDURES AND REQUIREMENTS FOR COMPLYING WITH GOAL 5 OAR 660-023-0200 Historic Preservation Rule (2) Relationship of Historic Resource Protection to the Standard Goal 5 Process. (a) Local governments are not required to amend acknowledged plans or land use regulations in order to provide new or amended inventories, resource lists or programs regarding historic resources, except as specified in section (8). Local governments are encouraged to inventory and designate historic resources and must adopt historic preservation regulations to protect significant historic resources. FINDING: Deschutes County has an adopted historic preservation ordinance.Z The purpose of the proposed amendments is to provide an option for Planning Division review pursuant to DCC 2.28 if the Historic Landmarks Commission is suspended by Board order. (b) The requirements of the standard Goal 5 process in OAR 660-023-0030 through 660- 023-0050, in conjunction with the requirements of this rule, apply when local governments choose to amend acknowledged historic preservation plans and regulations. (c) Local governments are not required to apply the ESEE process pursuant to OAR 660- 023-0040 in order to determine a program to protect historic resources. FINDING: The County's response to the requirements of the standard Goal 5 process in OAR 660- 023-0030 through 660-023-0050 are provided below. OAR 660-023-0030 This section speaks to the inventory process to locate, evaluate, and potential adoption of significant resources. The proposed amendments are unique in regard to this section because they are intended to address the administration of the County's historic preservation code. There will be no collection or survey of potential resources because the County already has an adopted historic or cultural resource list.' Thus, there is no need to evaluate potential resources for their significance. The adopted resource list has already been deemed significant. The proposed amendments seek 2 See DCC 2.28 3 Comprehensive Plan Section 5.9 247-23-000693-TA Page 7 of 11 to amend the historic preservation ordinance to apply changes to tine administration of the historic preservation code, not change the Goal 5 resources themselves, OAR 660-023-0040 Not applicable as provided above in (c). OAR 660-023-0050 This section speaks to the various programs to achieve Goal 5 and refers to OAR 660-023-0040. This section is not applicable because the proposed amendments do not modify conflicting uses. The amendments pertain to the administration of historic preservation. (3) Comprehensive Plan Contents. Local comprehensive plans should foster and encourage the preservation, management, and enhancement of significant historic resources within the jurisdiction in a manner conforming with, but not limited by, the provisions of ORS 358.605. In developing local historic preservation programs, local governments should follow the recommendations in the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation, produced by the National Park Service. Local governments should develop a local historic context statement and adopt a historic preservation plan and a historic preservation ordinance in conjunction with inventorying historic resources. FINDING: The County has maintained policies and provisions to encourage historic preservation since 1980 (i.e., a historic preservation ordinance). The County's historic preservation ordinance is in compliance with ORS 358.605, which speaks to the importance of preventing the destruction of historic or cultural resources and the recommended development of preservation plans. The County's historic preservation ordinance requires coordinated review with the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation. This requirement does not change in the proposed amendments. While the County does not have a formally adopted local historic context statement, it is not a requirement in this situation. (4) Inventorying Historic Resources. When a local government chooses to inventory historic resources, it must do so pursuant to OAR 660-023-0030, this section, and sections (5) through (7). Local governments are encouraged to provide opportunities for community - wide participation as part of the inventory process. Local governments are encouraged to complete the inventory in a manner that satisfies the requirements for such studies published by the Oregon State Historic Preservation Office and provide the inventory to that office in a format compatible with the Oregon Historic Sites Database. (5) Evaluating and Determining Significance... FINDING: The County is not proposing to inventory historic resources and, thus, is not required to evaluate or determine the significance of a resource. The proposed amendments pertain to the administration of historic preservation. (6) Designating Locally Significant Historic Resources... 247-23-000693-TA Page 8 of 11 FINDING: The County is not proposing to designate a Locally Significant Historic Resource. The proposed amendments pertain to the administration of historic preservation. (7) Historic Resource Protection Ordinances. Local governments must adopt land use regulations to protect locally significant historic resources designated under section (6). This section replaces OAR 660-023-0050. Historic protection ordinances should be consistent with standards and guidelines recommended in the Standards and Guidelines for Archeology and Historic Preservation published by the U.S. Secretary of the Interior, produced by the National Park Service. FINDING: The County has had a historic resource ordinance since 1980. DCC 2.28, formerly PL-21, protects Locally Significant Historic Resources. As stated above, the existing proposal does not include the designation of additional Locally Significant Historic Resources. The proposed amendments pertain to the administration of historic preservation. (8) National Register Resources are significant historic resources. For these resources, local governments are not required to follow the process described in OAR 660-023-0030 through 660-023-0050 or sections (4) through (6). Instead, a local government: (a) Must protect National Register Resources, regardless of whether the resources are designated in the local plan or land use regulations, by review of demolition or relocation that includes, at minimum, a public hearing process that results in approval, approval with conditions, or denial and considers the following factors: condition, historic integrity, age, historic significance, value to the community, economic consequences, design or construction rarity, and consistency with and consideration of other policy objectives in the acknowledged comprehensive plan. Local jurisdictions may exclude accessory structures and non-contributing resources within a National Register nomination; FINDING: The proposed amendments do not affect or address National Register Resources, which are already addressed in DCC 2.28. The proposed amendments pertain to the administration of historic preservation. (b) May apply additional protection measures. For a National Register Resource listed in the National Register of Historic Places after the effective date of this rule, additional protection measures may be applied only upon considering, at a public hearing, the historic characteristics identified in the National Register nomination; the historic significance of the resource, the relationship to the historic context statement and historic preservation plan contained in the comprehensive plan, if they exist, the goals and policies in the comprehensive plan, and the effects of the additional protection measures on the ability of property owners to maintain and modify features of their property. Protection measures applied by a local government to a National Register resource listed before the effective date of this rule continue to apply until the local government amends or removes them; and 247-23-000693-TA Page 9 of 11 FINDING: The proposed amendments do not affect or address National Register Resources, which are already addressed in DCC 2.28. The proposed amendments pertain to the administration of historic preservation. (c) Must amend its land use regulations to protect National Register Resources in conformity with subsections (a) and (b). Until such regulations are adopted, subsections (a) and (b) shall apply directly to National Register Resources. FINDING: The proposed amendments do not affect or address National Register Resources, which are already addressed in DCC 2.28. The proposed amendments pertain to the administration of historic preservation. (9) Removal of a historic resource from a resource list by a local government is a land use decision and is subject to this section FINDING: The proposal does not involve the removal of a historic resource form the resource list. The proposed amendments pertain to the administration of historic preservation. (10) A local government shall not issue a permit for demolition or modification of a locally significant historic resource during the 120-day period following. FINDING: The proposal does not involve the demolition or modification of a historic resource from the resource list. The proposed amendments pertain to the administration of historic preservation. DESCHUTES COUNTY COMPREHENSIVE PLAN Chapter 2, Resource Management Section 2.11, Cultural and Historic Resources Goal 1 Promote the preservation of designated historic and cultural resources through education, incentives and voluntary programs. Policy 2.11.1 The Historic Landmarks Commission shall take the lead in promoting historic and cultural resource preservation as defined in DCC 2.28. a. Support incentives for private landowners to protect and restore historic resources. b. Support the Historic Landmarks Commission to promote educational programs to inform the public of the values of historic preservation. c. Support improved training for the Historic Landmarks Commission. FINDING: The proposed amendments continue to promote historic and cultural resource preservation by providing a clear process for administering historic resource designations and protections, which themselves remain unchanged; through these amendments, that process now will have the option to utilize the Planning Division in the case where the Board chooses to suspend 247-23-000693-TA Page 10 of 11 the Historic Landmarks Commission for reasons noted in the Background section of this Findings document. The proposed amendments are consistent with Comprehensive Plan Policy 2.11.1. Policy 2.11.2 Coordinate cultural and historic preservation with the Oregon State Historic Preservation Office. a. Maintain Deschutes County as a Certified Local Government. b. Encourage private property owners to coordinate with the State Historic Preservation Office. FINDING: The proposed amendments provide an option for the Board to suspend the HLC and for the Planning Division to serve as the review body for nominations or alterations to historic resources; the amendments modify the above language to acknowledge this option. As noted in the Background section above, reasons for suspending the HLC lie with the ability to achieve a quorum of active commissioners as well as develop preservation -related tasks within the relatively narrow purview of the HLC. If the HLC is suspended for those reasons, Deschutes County would no longer be able to function as a Certified Local Government, but review and protection of historic resources would continue pursuant to DCC 2.28—in this scenario, by the Planning Division. Regardless of which County body holds review authority, the County would continue to coordinate with the Oregon State Historic Preservation Office (SHPO) for preservation matters. SHPO has been notified of this proposal. The proposed text amendments are consistent with Policy 2.11.2. The sub -policy to encourage private property owners to coordinate with the State Historic Preservation Office will not be impacted by the proposed amendments. Policy 2.11.3 Encourage the preservation of lands with significant historic or cultural resources. a. Develop and maintain a comprehensive list of sites on the National Register of Historic Places. b. Review County Code and revise as needed to provide incentives and adequate regulations to preserve sites listed on the Statewide Goal 5 historic and cultural inventory. FINDING: The proposed text amendments are not proposing any changes to County Code regarding incentives or regulations concerning either the list of National Register sites, sites listed on the Statewide Goal 5 historic and cultural inventory, or the procedures governing their protection. The proposed amendments are consistent with Policy 2.11.3. 247-23-000693-TA Page 11 of 11 **DRAFT** October 24, 2023 Dear Governor Kotek and Central Oregon Legislative Delegation: We are writing to share our perspectives on Measure 110 implementation in Deschutes County and outline elements of an effective public safety and drug treatment system. The Measure 110 drug citation process has not resulted in a sufficient number of people entering treatment. The Board supports solutions to more effectively accomplish the goals of Measure 110: treatment and recovery for people with a Substance Use Disorder (SUD), including: • Make screening, health assessment, treatment and recovery services for Substance Use Disorder widely available. • Increase access to low -barrier addiction services by providing specified and unified services related to health management of substance use concerns. • Ensure there are effective and appropriate drivers to get people into treatment. • Implement strategic, intensive, and effective drug treatment strategies. • Recognize that people with a Substance Use Disorder that do not have crime - driving factors, other than SUD, should be provided treatment and recovery services outside of the criminal justice system. • Coordinate real time data to inform targeted intervention. Thank you for your willingness to re-evaluate Measure 110 and please let us know how we can support you in this effort. Board of County Commissioners, Anthony DeBone Patti Adair Phil Chang Chair Vice Chair Commissioner Deschutes County District Attorney, Stephen Gunnels 1300 NW Wall Street Bend, Oregon 97703 IaS41) 388-6572 board@deschutes.org &ww.deschutes.org