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2023-386-Minutes for Meeting November 01,2023 Recorded 12/12/2023�vTES CQ BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 • Recorded in Deschutes County CJ2023-386 Steve Dennison, County Clerk Commissioners' Journal 12/12/2023 12:40:55 PM o C�� S f ., 2023-386 9:00 AM WEDNESDAY November 1, 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 Legal 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 The Commissioners welcomed cadets from the Oregon Youth Challenge Program who were in attendance for a local government observation. The cadets introduced themselves and shared how the program is benefiting them. CITIZEN INPUT: None CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda. 1. Approval of minutes of the BOCC October 16 and 18, 2023 meetings ADAIR: Move approval of the Consent Agenda as presented CHANG: Second BOCC MEETING NOVEMBER 1, 2023 PAGE 1 OF 13 VOTE: ADAI R: CHANG: DEBONE: ACTION ITEMS: 2. M11 Yes Yes Chair votes yes. Motion Carried Proclamation: National Hospice & Palliative Care Month The Board read the proclamation into the record for presentation to representatives from Partners in Care. ADAI R: Move adoption of a proclamation declaring November to be National Hospice & Palliative Care Month CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried The Commissioners expressed appreciation for Partners in Care's program and its important service to the community. Public Hearing: Historic Landmarks Commission Legislative Text Amendments Tanya Saltzman, Senior Planner, presented the background of the proposal to amend Deschutes County Code to allow the Board to suspend the Historic Landmarks Commission (HLC) by Board order. If the HLC was suspended, review authority for historic alterations or nominations would be transferred to the Planning Divisions of the County or the City of Sisters, as appropriate. Saying that the proposal is not meant to serve as a referendum on historic preservation, Saltzman described the declining level of interest from the community in the HLC as evidenced by the dearth of persons applying to fill current vacancies, which has led to the lack of a quorum. Discussion ensued regarding the change in State law to require property owner consent for nominations of historic landmarks --previously, any local government could initiate the process and designate a historic landmark without the consent of the property owner. The public hearing was opened at 9:18 am. BOCC MEETING NOVEMBER 1, 2023 PAGE 2 OF 13 Commissioner Chang agreed that the goal of historic preservation is important. He asked if the HLC's current structure renders it the right entity to address the issue of historic preservation beyond specific alterations and nominations, and if not, if that structure can be modified to encompass the broader aim and goals. Saltzman answered that the work of the HLC is funded by a Certified Local Government (CLG) grant; these grants define a fairly narrow purview for eligible activities and any work undertaken beyond the activities covered by the CLG grant would require other funding. Peter Gutowsky, Community Development Director, added that because CDD lacks an experienced historic preservation planner, it is difficult to support or maximize historic preservation work given the department's current structure. Commissioner Chang noted that CLG grants are bestowed in very small amounts and require matching funds. Considering that CDD is a fee -based department, he questioned paying for historic preservation work out of land use applications and building permits and suggested that this work, which involves the community's quality of life, should perhaps instead be funded from the General Fund. County Administrator Nick Lelack commented that another consideration is the fact that CDD and the HLC have struggled to identify projects to bring before the HLC for input and action. Pat Kliewer opposed the proposal and said a solid historic preservation program is needed as people are interested to know the history of the area. She offered to volunteer for the HLC and said she also knows of others who want to serve. Gary Grund shared his strong belief in the importance of historical preservation and stated his willingness to serve on the HLC. Kelly Cannon -Miller, executive director of the Deschutes County Historical Society, said the Society completed a strategic plan in 2022 which outlines numerous work items to be done in the area of historic preservation. Saying that many landowners believe in historic preservation, she was concerned about the possible negative effect of the proposed change on the City of Sisters and disagreed that interest is lacking. Steven Van Roekel supported continuing the HLC and said the issue appears to be one of citizen engagement rather than disinterest in historic preservation. James Dorofi agreed that many people care about historical landmarks and are upset when they are torn down. He offered the assistance of Envision Bend to move this process forward. BOCC MEETING NOVEMBER 1, 2023 PAGE 3 OF 13 Paul Claeyssens referred to his service on the County's Historic Landmarks Commission and Bend's Landmarks Commission. He expressed concern about the proposal, cited ongoing partnerships initiated by HLC to ensure stewardship of County -owned properties, and referred to potential work that can be done by the HLC. Nunzie Gould opposed the proposal, faulted the County for not having conducted outreach and communication on historic preservation, and supported expanding the tools, support, and network of this program. Dennis Schmidli supported the continuance of the HLC and encouraged the County to focus on community engagement. There being no one else who wished to testify, the public hearing was closed at 10:26 am. Commissioner DeBone expressed appreciation to all who participated. Commissioner Chang suggested filling the current vacancies on the HLC and possibly expanding its membership beyond the present five positions. He further advised reviewing the Historical Society's strategic plan for the purpose of identifying five or more items to bring to the Board for possible allocation of needed resources and staff to accomplish them. CHANG: Move to proceed with an amendment to Deschutes County Code to reflect that the Pioneer Association is defunct ADAIR: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Saltzman said staff will return with the proposed Code amendment on November 29th. CHANG: Move to direct staff to work with Human Resources to re -initiate a VOTE: recruitment for Historic Landmark Commission vacancies with an application submittal deadline of November 30th Second ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried BOCC MEETING NOVEMBER 1, 2023 PAGE 4 OF 13 4. Presentation: Healthy Schools 2022-2023 Annual Report Jessica Jacks, Prevention and Health Promotion Program Manager, introduced the Healthy Schools 2022-2023 annual report of the program's operations which involve nine Bend -La Pine schools. Jacks explained that this program embeds Public Health Specialists into the school system to provide students with essential public health services and ensure that schools promote student health and prevent or alleviate issues such as substance use and suicidal ideation. Aimee Snyder, Prevention and Health Promotion Supervisor, shared information on the five program areas and outcomes realized thus far with respect to school climate, health education, family engagement, and the sharing of resources. Chris Reese, Bend High School Principal, spoke to the value of the Healthy Schools program and expressed his support of partnering with the County on this. Saying that many students are experiencing mental health issues and that substance use, social media and technology/overuse of cell phones are often factors, he wanted students to have a sense of belonging and to be engaged with and connected to the community. Scott Olszewski, La Pine High School Principal, said the Sources of Strength sub- program has proven to be a positive way of addressing mental health. Explaining that Sources of Strength is intended to send out ripple effects from the students who participate, Olszewski said beneficial behavior changes can develop from positive peer relationships and peer cueing. Commissioner Chang suggested that the Commissioners be invited to a Sources of Strength class to interact with the students. 5. Central Oregon Health Council Opportunity Grant Public Health Program Manager Jessica Jacks and Public Health Supervisor Jess Neuwirth explained that this grant will be used to enhance and sustain the Drug Free Community (DFC) grant funded program. Commissioner DeBone noted the decision by the Central Oregon Health Council to direct that this grant be used from 2025 to 2026. ADAIR: Move approval of Document No. 2023-925 accepting a Central Oregon Health Council Opportunity grant in the amount of $150,000 CHANG: Second VOTE: ADAIR: Yes BOCC MEETING NOVEMBER 1, 2023 PAGE 5 OF 13 CHANG: Yes DEBONE: Chair votes yes. Motion Carried CHANG: Move approval of Board Order No. 2023-046, designating signing authority for the COHC opportunity grant to Public Health Program Manager Jessica jacks ADAIR: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried CHANG: Move approval of Resolution No. 2023-061 extending 1.0 limited duration FTE from September 29, 2025 to September 30, 2026 ADAIR: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Second Reading and Adoption of Ordinance No. 2023-022 amending Deschutes County Code section 6.12 Dave Doyle, County Counsel, reviewed that following a public hearing on October 18t", the Board deliberated and approved first reading of Ordinance No. 2023- 022. He reminded that the proposed amendment to DCC 6.12 clarifies the required conditions for chickens to be treated as "livestock" for purposes of County Code. ADAIR: Move approval of second reading of Ordinance No. 2023-022 by title only CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Chair DeBone read the title of the ordinance into the record. ADAIR: Move adoption of Ordinance No. 2023-022, amending Deschutes County Code section 6.12 CHANG: Second BOCC MEETING NOVEMBER 1, 2023 PAGE 6 OF 13 VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried A break was announced at 11:42 am. The meeting resumed at 11:49 am. 7. Economic Development Loan Conversion and Repayment Plan for Broken Top Candle Company Jen Patterson, Strategic Initiatives Manager, introduced the request for partial conversion of the loan to a grant and repayment of the remainder of the loan. Don Mill, EDCO Bend Area Director, said in 2021, Broken Top Candle Company (BTCC) was approved for a $16,200 Economic Development Loan which is forgivable upon the following conditions: 1. Create at least nine new full-time positions by December 31, 2021; 2. Maintain these new positions for a 12-month period; and 3. Provide wages of at least $41,767 per year (excluding commissions) for each new position. Mill said EDCO has certified that BTCC has created eight new jobs, thus meeting the requirements for conditions 2 & 3. EDCO recommends that $14,400 of the original loan be converted into a grant and that repayment of the remaining $1,800 be required, with or without interest. Commissioners expressed support for the recommended actions and shared their preference to charge interest on the amount to be repaid. ADAI R: Move to authorize the County Administrator to convert $14,400 in Economic Development Loan Program funds issued to the Broken Top Candle Company into a grant CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried ADAI R: Move to approve a repayment plan for $1,800 plus interest for the remaining amount loaned to the Broken Top Candle Company that did not meet the terms of the original agreement CHANG: Second VOTE: ADAI R: Yes CHANG: Yes BOCC MEETING NOVEMBER 1, 2023 PAGE 7 OF 13 8. DEBONE: Chair votes yes. Motion Carried Second reading of Ordinance No. 2023-014 - Rural Accessory Dwelling Unit Text Amendments Kyle Collins, Associate Planner, reviewed that the Board conducted first reading of the ordinance two weeks ago after directing certain edits regarding restrictions on ADUs in South Deschutes County —those edits have been incorporated into the language of the ordinance. Collins said the Board can decide either to adopt the ordinance by emergency to take effect in 30 days, or to adopt it on a non - emergency basis in which case it would take effect in 90 days. Commissioner DeBone noted his support for allowing properties in southern Deschutes County which are two acres or larger to have ADUs; however, the majority of the Board restricted this to properties at least five acres in size. Collins said the County will post information online regarding how to apply for an ADU permit and will additionally hold an open house on November 30th to disseminate information and answer questions. ADAI R: Move approval of second reading of Ordinance No. 2023-014, by title only CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Chair DeBone read the title of the ordinance into the record. CHANG: Move adoption of Ordinance No. 2023-014 amending Deschutes County Code Title 18, Zoning Ordinance, Title 19, Bend Urban Area Zoning Ordinance, and Title 22, Procedures Ordinance, to adopt provisions for rural accessory dwelling units on an emergency basis to take effect on December 1, 2023 ADAI R: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried At 12:06, a lunch break until 1:00 was announced. The meeting resumed at 1:00 pm. Commissioner Chang rejoined the meeting at 1:15 pm. BOCC MEETING NOVEMBER 1, 2023 PAGE 8 OF 13 9. Consideration to hear an appeal of the Hearings Officer's remand decision approving a single-family dwelling in the Forest Use Zone at 59770 Scale House Road, Bend Caroline House, Senior Planner, said in 2022, the County approved a conditional use request to construct a single-family dwelling in the Forest Use Zone. After that decision was appealed by Windlinx Ranch Trust, the State Appellate Court remanded the decision back to the County for further review. On October 10, 2023, the Hearings Officer issued a remand decision which again approved the applicant's request. The Windlinx Ranch Trust has now filed an appeal of the remand decision and asks the Board of County Commissioners to hear its appeal. House said for numerous reasons —including the improbability of being able to meet the State -mandated 120-day deadline for issuing a final decision on this matter —staff recommends that the Board decline to hear the appeal. Commissioners discussed the time constraints and whether the issues pertinent to the appeal are within the Board's domain. Commissioner DeBone noted that the Hearings Officer has already reviewed the specific items which were appealed on remand. ADAIR: Move approval of Board Order No. 2023-050, denying review of the Hearings Officer's Decision in File No. 247-23-000599-A DEBONE: Second VOTE: ADA! R: Yes CHANG: (absent) DEBONE: Chair votes yes. Motion Carried 2 - 0 10. Consideration to hear an appeal of a Hearings Officer's decision conditionally approving an outdoor motocross facility in the Rural Residential Zone at 7505 NW Eagle Drive in Redmond Caroline House, Senior Planner, presented a request for the Board to hear an appeal related to a conditional use and site plan to establish a commercial outdoor motocross facility at 7505 NW Eagle Drive in Redmond. After the Hearings Officer approved the application subject to 34 conditions, the applicant submitted a reconsideration application which sought changes to six of the approval conditions. The Hearings Officer subsequently issued a reconsideration decision modifying two conditions of approva► and denying modification of four other conditions. On October 17, 2023, the applicant filed a timely appeal of the Hearings Officer's reconsideration decision in relation to the four unmodified conditions, as follows: BOCC MEETING NOVEMBER 1, 2023 PAGE 9 OF 13 1. Reconciliation of conflict and confusion between the application of conditions of approval U, V, W, Y, and AA concerning motorcycle noise; 2. Appeal of condition of approval "S" addressing the hours of operation to be consistent with the evidence in the record that the primary operating season is October -March; 3. Appeal of condition of approval "T" which limits the number of visitors on the property; and 4. Appeal of condition of approval "BB" requiring construction of a new restroom facility. Noting this proposal has received significant public interest, House offered reasons for the Board to hear the appeal or not hear it. Commissioner DeBone acknowledged exposure to media coverage of this proposal in addition to emails received by the Board on this topic. He added that the property is zoned Rural Residential. House responded to questions from the Commissioners about the County's noise ordinance and how that would apply to the proposed use. Saying that sound can travel a great distance, Commissioner Adair did not support hearing the appeal. Commissioners Chang and DeBone supported granting the request to hear the appeal. CHANG: Move approval of Board Order No. 2023-051, accepting review of the Hearings Officer's Decision in File Nos. 247-22-000812-CU, 247-22-000813-SP, & 247-23-000666-RC and establishing the review will be heard full de novo DEBONE: Second VOTE: ADAIR: No CHANG: Yes DEBONE: Chair votes yes. Motion Carried 2 - 1 11. Bend UGB Expansion, Plan Amendment, and Zone Change -Stevens Road Tract Audrey Stuart, Associate Planner, presented a request to bring 261 acres bordering Stevens Road into the Bend Urban Growth Boundary (UGB). A public hearing was held on October 11 th before the Hearings Officer, who approved the application. Staff recommends the Board adopt the findings of the Hearings Officer. BOCC MEETING NOVEMBER 1, 2023 PAGE 10 OF 13 Commissioner DeBone noted that no public hearing is required before the Board because this property is sited on non -resource land. Commissioner Chang said this project is an excellent example of how the State legislature can facilitate the buildable lands needed to address the demand for more housing. CHANG: Move approval of Hearings Officer decision for files 247-23-000415-PA and 247-23-000416-ZC, approving a Comprehensive Plan Amendment and Zone Change ADAIR: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried OTHER ITEMS: Chief Financial Officer Robert Tintle reviewed the process to replace Budget Committee member Bruce Barrett, who recently resigned. After the position was advertised, five candidates applied and all were interviewed by three panels. Staff seeks direction from the Board on next steps for this appointment. Commissioner Chang said as each of the three interview panels ranked Anthony Georger in the top three candidates, he supported appointing Mr. Georger to the Budget Committee. Commissioner Adair preferred appointing Krisanna Clark -Endicott for her experience and because of her representation of the Redmond community. Saying that all of the candidates were of high caliber, Commissioner DeBone agreed that Clark -Endicott could be a good fit. Commissioner Chang said while Clark -Endicott is a qualified public servant, there is risk in appointing someone who is highly partisan to this position. ADAIR: Move to appoint Krisanna Clark -Endicott to the citizen Budget Committee DEBONE: Second VOTE: ADAI R: Yes CHANG: No DEBONE: Chair votes yes. Motion Carried 2 - 1 BOCC MEETING NOVEMBER 1, 2023 PAGE 11 OF 13 • Commissioner DeBone reported on the Eastern Oregon Counties Association meeting on Monday in La Grande, where various matters were discussed. Commissioner Adair noted her remote attendance at the meeting. • Commissioner Adair reported on a meeting with City of Redmond Councilor Kathryn Osborne regarding the federal rule under which Medicaid does not pay for care provided in residential treatment facilities which have more than 16 beds. She will meet with Senator Wyden on this same issue on November 16th. • Commissioner Adair reported an upcoming meeting with District Court Chief Justice Marco Hernandez regarding the Circuit Court's possible use of the 3rd floor of the Courthouse expansion. • Commissioner Adair reported that last Friday, St. Charles was full and turning patients away. Saying that more beds and staff are desperately needed, she advocated for the hospital utilizing the empty floor in its tower. • Commissioner Chang commented on recent revelations about Kevin Dahlgren who had been employed by the City of Gresham to move people out of homelessness; Dahlgren has been indicted with 19 counts of misconduct and theft, including identify theft. Commissioner Chang expressed his disappointment that the Deschutes County Sheriffs Office had entered into a contract with Dahlgren apparently without checking his credentials or references. EXECUTIVE SESSION: At 1:49 pm, the Board moved into Executive Session under ORS 192.660 (2) (e) Real Property Negotiations and ORS 192.660 (2) (d) Labor Negotiations. The Board moved out of executive session at 2:10 p.m. to take the following actions: CHANG: Move to authorize staff to engage in contract negotiations with AFSCME for changes to the clinical licensure supervision program as proposed by staff ADAIR: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried CHANG: Pending the outcome of the aforementioned negotiations, move to authorize the County Administrator to sign the replacement Memorandum of Understanding with AFSCME as agreed upon ADAIR: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried BOCC MEETING NOVEMBER 1, 2023 PAGE 12 OF 13 Being no further items to come before the Board, the meeting was adjourned at 2:12 pm. DATED this & day of 2023 for the Deschutes County Board of Commissioners. ATTEST: • PHIL CH NG, COMMIS TONER BOCC MEETING NOVEMBER 1, 2023 PAGE 13 OF 13 I E S Co BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, NOVEMBER 1, 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 voicemoil at 541.385.1734. CONSENT AGENDA Approval of minutes of the BOCC October 16 and 18, 2023 meetings ACTION ITEMS 2. 9:10 AM Proclamation: National Hospice & Palliative Care Month 3. 9:20 AM Public Hearing: Historic Landmarks Commission Legislative Text Amendments 4. 9:50 AM Presentation: Healthy Schools 2022-2023 Annual Report 5. 10:30 AM Central Oregon Health Council Opportunity Grant 6. 10:45 AM Second Reading and Adoption of Ordinance No. 2023-022 amending Deschutes County Code section 6.12 7. 10:50 AM Economic Development Loan Conversion and Repayment Plan for Broken Top Candle Company 8. 11:00 AM Second reading of Ordinance No. 2023-014 - Rural Accessory Dwelling Unit Text Amendments 9. 11:05 AM Consideration to hear an appeal of the Hearings Officer's remand decision approving a single-family dwelling in the Forest Use Zone at 59770 Scale House Road, Bend 10. 11:20 AM Consideration to hear an appeal of a Hearings Officer's decision conditionally approving an outdoor motocross facility in the Rural Residential Zone at 7505 NW Eagle Dr in Redmond November 01, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3 11. 11:35 AM Bend UGB Expansion, Plan Amendment, and Gone Change - Stevens Road Tract LUNCH RECESS OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. EXECUTIVE SESSION At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations, ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2)(b), personnel issues, or other executive session categories. Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. 12. Executive Sessions under ORS 192.660 (2) (e) Real Property Negotiations and ORS 192.660 (2) (d) Labor Negotiations ADJOURN November 01, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3 For Recording Stamp Only BEFORE THE BOARD OF COMMISSIONERS OF DESCHUTES COUNTY, OREGON PROCLAMATION Whereas, Deschutes County in partnership with Partners In Care acknowledges the importance of hospice and palliative care in providing compassionate end -of -life care and support to individuals and their families facing serious illnesses; and Whereas, during National Hospice and Palliative Care Month, we recognize the invaluable services offered by hospice and palliative care programs across our County and region, and we honor the commitment of the professionals, volunteers, and organizations that make these services available to those in need; and Whereas, by promoting conversations about end -of -life care preferences and ensuring early access to hospice and palliative care services, we can empower individuals to make informed decisions about their care and enhance the overall health and well-being of our communities; and Whereas, hospice and palliative care providers in Deschutes County are dedicated to enhancing the quality of life for individuals with life -limiting illnesses, addressing their physical, emotional, and spiritual needs, and ensuring that they can live their remaining days with dignity and comfort; and Whereas, Deschutes County is committed to ensuring equitable access to healthcare services, acknowledging the importance of social equity and inclusivity in the delivery of care. Now, therefore be it resolved that the Deschutes County Board of Commissioners proclaims the month of November, 2023 to be "Hospice & Palliative Care Month" in Deschutes County in partnership with Partners In Care, and encourages community members across Central Oregon to start the conversation sooner and elect to use palliative care or hospice earlier when diagnosed with a serious or Page 1 of 2 terminal illness, so that both they and their loved ones can benefit from the holistic physical, emotional, and spiritual care support provided by hospice and palliative care teams. Dated this day of Commissioners. ATTEST; Recording Secretary 2023 by the Deschutes County Board of Anthony DeBone, Chair Patti Adair, Vice Chair y� Phil Chang, Commissioner Page 2 of 2 L�0 1 E S COG BOARD OF COMMISSIONERS MEETING DATE: November 1, 2023 SUBJECT: Public Hearing: Historic Landmarks Commission Legislative Text Amendments RECOMMENDED MOTION: At the conclusion of the public hearing, the Board may: • Continue the hearing to a date certain; • Close the hearing and leave the written record open to a date certain; or • Close the hearing and commence deliberations. BACKGROUND AND POLICY IMPLICATIONS: The Board of County Commissioners will conduct a public hearing on November 1 for Ordinance No. 2023-023, 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 25, 2023 TO: Deschutes County Board of Commissioners FROM: Tanya Saltzman, AICP, Senior Planner RE: Public Hearing: Historic Landmarks Commission Amendments The Board of County Commissioners will conduct a public hearing on November 1 for Ordinance No. 2023-023, 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. A work session was held with the Planning Commission on October 12, 2023.' A work session was held with the Board of County Commissioners on October 25, 2023.2 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. 1 https://www.deschutes.org/bc-pc/page/planning-commission-41 z https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-133 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 A1(541)388-6575 @cdd@deschutes.org ®www.deschutes.org/cd 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 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 $5,000-$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 Page 2 of 4 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 or 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 propose -a' legislative arriendments, 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. 3 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 • 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. • 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 At the conclusion of the public hearing, the Board may: • Continue the hearing to a date certain; • Close the hearing and leave the written record open to a date certain; or • Close the hearing and commence deliberations. Attachments: Ordinance No. 2023-023 Exhibit A - DCC 23.01, Comprehensive Plan Exhibit B - Comprehensive Plan Section 2.11, Cultural and Historic Resources Policies Exhibit C - Comprehensive Plan Section 5.12, Legislative History Exhibit D - DCC 2.28, Historic Preservation and Historic Landmarks Commission Exhibit E - Findings Page 4 of 4 REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 2, Chapter 28, and Title 23, Deschutes County Comprehensive Plan, to Allow for Suspension of the * ORDINANCE NO. 2023-023 Historic Landmarks Commission and for the Planning Division to Assume Review Authority. WHEREAS, the Board of County Commissioners directed Deschutes County Community Development Department staff to initiate amendments (Planning Division File No. 247-23-000693-TA) to Deschutes County Code Title 2, Chapter 28, Historic Preservation and Historic Landmarks Commission, and Title 23 — Deschutes County Comprehensive Plan Chapter 2 and Chapter 5; and WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on October 12, 2023; and WHEREAS, the Board considered this matter after a duly noticed public hearing on November 1, 2023 and concluded that the public will benefit from the proposed changes to the Deschutes County Code Title 2 and Deschutes County Comprehensive Plan Title 23; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC Title 23.01, Comprehensive Plan, is amended to read as described in Exhibit "A", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str-ike*�r Section 2. AMENDMENT. Deschutes County Comprehensive Plan Chapter 2.11, Cultural and Historic Resources Policies, is amended to read as described in Exhibit `B", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stri'��- Section 3. AMENDMENT. Deschutes County Comprehensive Plan Chapter 5.12, Legislative History, is amended to read as described in Exhibit "C", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str-ik�r Section 4. AMENDMENT. Chapter 2.28, Historic Preservation and Historic Landmarks Commission, is amended to read as described in Exhibit "D", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strik�h. PAGE 1 OF 2 - ORDINANCE NO.2023-023 Section 5. FINDINGS. The Board adopts as its findings, Exhibit "E" attached and incorporated by reference herein. Dated this of 2023 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, Chair PATTI ADAIR, Vice Chair ATTEST: Recording Secretary PHILIP CHANG Date of 1" Reading: day of , 2023. Date of 2nd Reading: day of , 2023. Commissioner Anthony DeBone Patti Adair Philip Chang Effective date: Record of Adoption Vote: Yes No Abstained Excused day of , 2023. PAGE 2 OF 2 - ORDINANCE NO.2023-023 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, §1] D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-005, are incorporated by reference herein. E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-012, are incorporated by reference herein. F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-016, are incorporated by reference herein. G. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-002, are incorporated by reference herein. H. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-009, are incorporated by reference herein. I. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-012, are incorporated by reference herein. J. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-007, are incorporated by reference herein. K. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-005, are incorporated by reference herein. L. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-006, are incorporated by reference herein. M. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-012, are incorporated by reference herein. N. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-021, are incorporated by reference herein. Exhibit A to Ordinance No. 2023-023 Chapter 23.01 (11/23) 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. Exhibit Ato Ordinance No. 2023-023 Chapter 23.01 (11/23) 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. A1. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-006, are incorporated by reference herein. AK. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-019, are incorporated by reference herein. AL. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-016, are incorporated by reference herein. AM. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-001, are incorporated by reference herein. AN. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-002, are incorporated by reference herein. AO. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-003, are incorporated by reference herein. AP. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-008, are incorporated by reference herein. AO. 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. ExhibitAto Ordinance No. 2023-023 Chapter 23.01 (11/23) 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 2023-023, 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 Exhibit A to Ordinance No. 2023-023 Chapter 23.01 (11/23) 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. 2023-023 §1 on 111112023 Exhibit A to Ordinance No. 2023-023 Chapter 23.01 (11/23) EXHIBIT B TO ORDINANCE NO. 2023-023 lsect%ov. 2.1-:1 C uLc tu.raL aviol Wbstor%c Rzsou.roes T>ohbc'es Goal and Policies Goal I Promote the preservation of designated historic and cultural resources through education, incentives and voluntary programs. Policy 2.1 I.I 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 EXHIBIT C TO ORDINANCE NO. 2023-023 Sect%ow 5.22 !_ee)isl,ative t-I-%storu Background This section contains the legislative history of this Comprehensive Plan. Table S.12.1 Comprehensive Plan Ordinance History Ordinance Date Adopted/ Chapter/Section Amendment Effective All, except Transportation, Tumalo and Terrebonne 201 1-003 8-10-1 1/ 1 1-9-1 1 Community Plans, Deschutes Junction, Comprehensive Plan update Destination Resorts and ordinances adopted in 2011 2.5, 2.6, 3.4, 3.10, 3.5, Housekeeping amendments to 201 1-027 10-31-1 1 / 1 1-9-1 1 4.6, 5.3, 5.8, 5.1 1, 23.40A, 23.40B, ensure a smooth transition to 23.40.065, 23.01.010 the updated Plan 23.60, 23.64 (repealed), Updated Transportation 2012-005 8-20-12/ 1 1-19-12 3.7 (revised), Appendix C System Plan (added) 2012-012 8-20-12/8-20-12 4. I, 4.2 La Pine Urban Growth Boundary 2012-016 12-3-12/3-4-13 3.9 Housekeeping amendments to Destination Resort Chapter Central Oregon Regional 2013-002 1-7-13/ 1-7-13 4.2 Large -lot Employment Land Need Analysis Comprehensive Plan Map Amendment, changing 2013-009 2-6-13/5-8-13 1.3 designation of certain property from Agriculture to Rural Residential Exception Area Comprehensive Plan Map 2013-012 5-8-13/8-6-13 23.01.010 Amendment, including certain property within City of Bend Urban Growth Boundary Newberry Country: A Plan 2013-007 5-29-13/8-27-13 3.10, 3.1 1 for Southern Deschutes Count DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 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 thane 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 Except on 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 Except on 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 Except on 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 2023-023 1 1-1-23/ 1 /30/24 2.1 1. 23.01.010 Historic Landmarks Commission DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY 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 anytime, 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. MEN 12_171� the -h8iatrtut sari rtrrkTcvrrmi .. s s i a n e r s. 6.5. If the City of Sisters delegates their appointment to Deschutes County, the Board shall appoint a fifth Landmarks Commissioner. -7-.6.The ex-officio members shall be appointed by the Board. &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. Q.D.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. Q.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. Exhibit D to Ordinance No. 2023-023 Chapter 2.28 (11 /23) 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. Md. 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. .L: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. .I.-.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. -N-.O. 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. 90.The Landmarks Commission may recommend to the Board or the State Legislature any changes of law which it finds appropriate. $R. Current Resource. Exhibit D to Ordinance No. 2023-023 Chapter 2.28 (11 /23) 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. R:S.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. JJ:V. 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 9/1711980 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. 2023-023 §4 on 111112023 Exhibit D to Ordinance No. 2023-023 Chapter 2.28 (11/23) 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). 11. BACKGROUND 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 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. Exhibit E to Ordinance No. 2023-023 Page 1 of 11 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. Exhibit E to Ordinance No. 2023-023 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 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. 111. 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 responsibility for justifying that the amendments are consistent with Statewide Planning Goals and its existing Comprehensive Plan. Exhibit E to Ordinance No. 2023-023 Page 3 of 11 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 22.08.010(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. Section 22.12.030 Initiation of Legislative Changes. Exhibit E to Ordinance No. 2023-023 Page 4 of 11 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. 2023-023 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. Exhibit E to Ordinance No. 2023-023 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. Exhibit E to Ordinance No. 2023-023 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 uses 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.2 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 6'60- 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.3 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 to amend the historic preservation ordinance to apply changes to the administration of the historic preservation code, not change the Goal 5 resources themselves. z See DCC 2.28 3 Comprehensive Plan Section 5.9 Exhibit E to Ordinance No. 2023-023 Page 7 of 11 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... Exhibit E to Ordinance No. 2023-023 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 Exhibit E to Ordinance No. 2023-023 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 Exhibit E to Ordinance No. 2023-023 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 i►:ational 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. Exhibit E to Ordinance No. 2023-023 Page 11 of 11 1 I N. V /,; In Favor Neutral/Undecided Opposed Submittingwritten documents as part of testimony? Yes ® No 11 NV5 ptQano�; riv%,, a %,,Vpy LV L11V 1V1 VxxA Avvvi u. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS Name tAKOU- �A(11' Address L 7�5 NE CAv-so�, Qa?�j Phone #s 541 _ RLt? m c13:33 E-mail address �� C� c s c I,z�-c l� �,� ®n In Favor Neutral/Undecided Opposed C„hm;tt rrr x�rittnn i1nrnmantc no, mart of tactimnnv2 ❑ YAQ �n If so, please give a copy to the Kecording Necretary for the recora. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject; - Date: Name L_ Address C tA-C Vk Phone #s E-mail address qe y\ ®1 P \ J e\ r i k.• r ovvi In Favor ❑ Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes No If so, please give a copy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS �01 E S CO Q` `A G2� BOARD OF COMMISSIONERS MEETING DATE: November 1, 2023 SUBJECT: Presentation: Healthy Schools 2022-2023 Annual Report RECOMMENDED MOTION: None; information only. BACKGROUND AND POLICY IMPLICATIONS: The Healthy Schools program has released its 2022-23 Annual Report, a synopsis of its second year of operations involving nine Bend -La Pine schools. County staff and students and principals from the Bend -La Pine Schools district (BLS) will share results and highlights. The Healthy Schools program embeds Deschutes County Public Health Specialists (PHSs) into the school system to provide students with essential public health services. PHSs serve as a coordinator to ensure that schools promote health and prevent student health issues from ever starting or worsening. PHSs do not take over the roles of school staff, but guide staff to use more effective practices. Schools are a logical and efficient setting for public health interventions for youth. Children and adolescents spend nearly half of their waking hours at school for 13 years of their critical developmental life. In BLS, 50% of middle and high school students report feeling stressed, anxious, or depressed as a barrier to learning.' Additionally, about a quarter report their health or their family's health (28%) and their personal relationships (23%) as a barrier to learning.' This high rate of youth mental health issues exceeds the capacity of treatment providers alone and requires partnerships between public health, schools, youth and family, health care, and other organizations to address the causes and link those in need to services. Healthy Schools programming enables these partnerships to support our students, families, teachers, and communities. BUDGET IMPACTS: None ATTENDANCE: Jessica Jacks, Deschutes County, Prevention and Health Promotion Program Manager Aimee Snyder, Deschutes County, Prevention and Health Promotion Supervisor Scott Olszewski, Principal, La Pine High School Chris Reese, Principal, Bend High School 1 YouthTruth Student Survey (2023). Bend -La Pine Schools Middle and High School Student Survey Data Reports. Healthy As of June 30, 2023 Schools Connecting The Healthy Schools partnership between Deschutes County and Bend -La Pine Schools (BLS) embeds Public Health Specialists (PHSs) into BLS middle and high schools. PHSs provide schools with essential public health services to assure prevention and health promotion practices are working in schools. These are the results following two years of phasing in the program, with PHSs working in 9 middle and high schools by the end of the 2022-2023 school year. All 13 BLS middle and high schools will have their PHS by 2023-2024. 3 , M Improved Engagement, Communication, Coordination �J7 BLS schools have a PHS as a designated coordinator, a school health team, collaborative planning process, and an action plan. 391 Students and parents were involved in the process to improve prevention and health promotion in schools. 33 Community partners were involved in the process to improve prevention and health promotion in schools. Improved Capacity for Positive, Inclusive Climate it BLS middle and high schools have Sources of Strength for 2023- 2024 (up from 1 in previous years). 45 $113A800 School admin, in grants brought in counselors, teachers, to fund schools' and other staff trained to implement Sources of Strength. prevention programs, centering Sources of Strength. Sources of Strength is a research -tested program effective at preventing suicide, substance use, and violence by increasing belonging, connection, and help -seeking. Improved Effective Prevention Education in Schools 59327 BLS adolescents reached with effective prevention education through Health teachers. 95% Health teachers now use effective skills - based prevention programs in Health classes (up from 31 %). 100% Health teachers now have a comprehensive plan and materials needed to prevent suicide, substance use, risky sex, and violence. Improved Family Engagement in Health Promotion 9 8 30 0 Schools have Schools hosted Parent Increase in schools' consistent school -to- Connect Workshops to family engagement family health increase parents' scores after 2 years communications: confidence and with a PHS on staff about student health connection to (using CDC School issues, resources, and resources. Health Index). upcoming events. Parent Connect Workshops increase parents' confidence and resources to help them start conversations with their child about substance use before it starts. c=. Improved Linkages to Health and Help Resources 1000% 500% 590% BLS middle and high schools have referral systems for student mental health and substance use issues CareSolace referrals resulted in behavioral healthcare appointments (out of 305, 12-17 year olds). Students eligible for UpShift completed the screening and brief intervention portion (out of 224 students). CareSolace is a navigation service that assesses the type of behavioral healthcare needed and navigates the student/family to their first appointment. UpShift is a screening, brief intervention, and referral to treatment program used as an alternative to out -of -school suspension for substance use violations. W z z W M a O ' F N N M � w O x w -41C o � a • x z x a W U a C a W a 0 u so a m 0 V) 0 u 0 0 c a� 0 E 0 LL 0 4m Ble 9 0 0 m I 0 in 0 Ln o Ln ff) r4 r1l -A SI!SIA(13 jo jaqwnN mo m a V L ,0 �. on 4- J O 4� N O m O CL >O �.— O 4—' � 4-J r • 4� ro 4-J co O V) a Cl a a 0 O r- v aA I4-J E E (A i E i Lr) O Ln O Lri O N C®I Ir-A T--1 • M u J lA BuideA paliodai. @d v L 4J � N N 0 = 0 4-1 .� � V 41 U) � Q1 Ino 0 o J 4J - L � 0 m N II N V) O -J N 00 \o 4-J L. a-' O �hhn� ro •J O E co C- w ro 3: B E dJ Q Q) L- N V) O O v cn b.4 .E E Ln I V —1 4-i All wmo O V W 4� O Jc: :3 O �� J O V / / � O l _• cn W rLn V w L 'I W ['-j T O Q QJ L V) O O V t/1 b.4 .E E Ln N ro U N m VA 10 u E 3: 2 41 �� Z> m" ,"o h. i ;r �;: �. � � �� ✓' ma's E E 0 40 Jc 0 W W L J c 0 LM 0 0 u 0 E E 0 u ► E w LU LU ANN& %all 0 IA 0. u o 4 Itu c .00 > "a C C 0 0 E C (A 0, 12 0 > 0 ;A J. > V 0 CL 0 CL E 4J CL 0 4J u IA 0 0 0 u 3: u 41 r E 4a tA U. Aj 0 am I= -0 4mi u m CL m u o. u@� �mm tA u 0 m u IA a 0 u 0 Wo ui a 0 0 0 c LA c CA T w > u th r E o -0 u m W m tA WD :5 0 C4 u tu > P- 4-0 CIO o o 4J -A Lj 4- 0) 4-0 Lf) .j C. u m R. Ja 4a E m LIL IA C 4-0 0 In Z 0 4-w 0 win in 0 u 0 r bo 0 (A u tn u LA r 3: P. 0 IA 4A 0 CL m 0u CL t; -3; 0 0 (A Wo C o u 0 u r oc 6 4e > 0 u w 4J m U lli* > w u 0 E 0 IA 0 0 An IA (1) u 0 V) (L) ce CL 13 N VO y r.c e. 0 0 to 0 IA LU r W, -W 0 0 0 0 0 cl vi u or tot IA 4 z• - V 4-- 0 4iJ 0 11%9 :5 0 4- 4) 1- IA t3 41 E 0 e. F.m 4W LO 4— 0 LO 4A CL mc to C 'a 0 0 0 r 0 44o JLj > C) IA u E 0 0 E 0 44 a EVA 0 EII CV 6 bi V4 LLU tW O O ® Q .a O . _ O v Q� • •� Ln -sebA W � L N m U O i MW ro O O Q N N ME N v c6 �01 E S CO BOARD OF COMMISSIONERS MEETING DATE: November 1, 2023 SUBJECT: Economic Development Loan Conversion and Repayment Plan for Broken Top Candle Company RECOMMENDED MOTIONS: 1. Move to authorize the County Administrator to convert $14,400 in Economic Development Loan Program funds issued to the Broken Top Candle Company into a grant. 2. Move to authorize a repayment plan for $1,800 plus interest for the remaining loan amount that did not meet the terms of the original loan agreement. BACKGROUND AND POLICY IMPLICATIONS: The Deschutes County Economic Development Loan Program was initiated to encourage and assist companies seeking to relocate to and/or create newjobs in Deschutes County. To receive a loan, companies must agree to create a specific number of jobs within a defined period, then maintain this level of employment for an additional set period of time. Broken Top Candle Company (BTCC) is a consumer home products company founded in 2015 in Bend. In 2021, BTCC was approved for a $16,200 Economic Development Loan which is forgivable upon the following conditions: 1. Create at least nine new full-time positions by December 31, 2021; 2. Maintain these new positions for a 12-month period; and 3. Provide wages of at least $41,767 per year (excluding commissions) for each new position. As EDCO has certified that BTCC has created eight new jobs meeting the requirements for conditions 2 & 3, the recommendation is to convert $14,400 of the original loan into a grant and require repayment of the remaining $1,800. BUDGET IMPACTS: No anticipated budget impact as the loan was accounted for in the previous year's budget. ATTENDANCE: Jen Patterson, Deschutes County, Strategic Initiatives Manager Afton Coffelt, Broken Top Candle Co, Founder Don Myll, EDCO, Bend Area Director MOVE START EDCOGROW October 11, 2023 Deschutes County Board of County Commissioners 1300 NW Wall Street Bend, OR 97702 RE: Deschutes County Economic Development Loan Program - Proposal for Forgiveness and Repayment of Broken Top Candle Company (BTCC or Broken Top Brands) Loan. Board of County Commissioners: With respect to Broken Top Candle's loan $16,200 loan from the Deschutes County Economic Development Loan Program, Economic Development for Central Oregon (EDCO) recommends that the Deschutes County Board of Commissioners approve conversion to a grant ($14,400) and repayment ($1,800) plus interest by the Company. Summary of Aareement and Support for Recommendation Agreement Date: April 1, 2021 Loan amount: $16,200 Agreement #: DC: 2021-287 Employment Requirement: From base of 11 full-time employees, create 9 full-time jobs between January 14, 2021, and December 31, 2021, and maintain 20 full-time employees through December 31, 2022. Average Wage for New Jobs: $41, 767 Company Background: Broken Top Candle Company (BTCC) is a growing consumer home products company. Founded in 2015, BTCC offers a wide variety of home and beauty products including candles, diffusers, lotions, soaps, and perfumes. All products are manufactured and /or packaged in Bend, using natural and organic based ingredients. The Company's customers include 2,000 independent US and Canadian boutique retailers, large retailers, and direct -to -consumer online sales. The Company has grown from a one - woman kitchen operation to its current 17,700 square foot manufacturing and warehousing facility in Bend. Economic Development for Central Oregon 705 SW Bonnefl Wny, Suite 1000 Bend, OR 97702 541,388.3236 www.edcoinfo.com MOVE START EDCOGROW The Company has grown rapidly and expects to continue to grow, although at a slower rate than the rapid annual growth experienced over the last several years. The Company's more improved production processes in its new Bend facility combined with labor workforce shortages have forced the Company to become more efficient, suppressing new job growth. While BTCC exceeded its employment requirement for a part of 2022, it fell one job short late in 2022. New job average wages during 2022 of over $64,000, exceeded the required $41,767. Employment has remained constant since the end of 2022 and is expected to grow, but at a slower rate. BTCC believes that the pace of new job growth is unpredictable and has decided that it would prefer to repay the loan according to paragraph 3.3.3 of the Agreement rather than request to renegotiate the agreement and extend its terms. The Agreement provides partial conversion whereby BTCC repays $1,800 for every full-time employee below 20 as of December 31, 2022. As of December 31, 2022, BTCC had 19 full time employees resulting in conversion of $14,400 to a grant, and repayment of $1,800 plus interest at 5% from April 21, 2021. Below is a summary of full-time employees: Beginning, January 14, 2021 11 Required new jobs 9 Total required, December 31, 2022 20 Actual full-time employees reported by quarter: Q1 26 Q2 23 Q3 19 Q4 19 Attached is the certification prepared by Economic Development for Central Oregon regarding the information above. EDCO recommends conversion to a grant of $14,400 and repayment of $1,800 plus interest from April 21, 2021. J 91de- Don Myll Bend Area Director Economic Development for Central Oregon 705 SW Bonneti Way, Suite 1000 Bend, OR 97702 541.388,3236 www.edcoinfo.com DESCHUTES COUNTY Economic Development Forgivable Loan Program Loan Recipient: Broken Top Candle Company (Broken top Brands or BTCC) 2491 Twin Knolls Dr. Bend, OR 97701 Agreement No.: DC: 2021-287 Date of Agreement: April 1, 2021 On behalf of Economic Development for Central Oregon, I hereby certify that Broken Top Candle Company has met all conditions of the Deschutes County Economic Development Forgivable Loan Program as specified in Agreement DC: 2021-287 (attached), except as follows: The Company did not add and retain 9 new jobs for a total of 20 full-time employees for the period December 31, 2021, through December 31, 2022. Instead, the Company's actual full- time employees by quarter were as follows: Full-time Emr)loves - 2021 Q1 26 Q2 23 Q3 19 Q4 19 I further attest that a representative of Economic Development for Central Oregon has reviewed employment and payroll records furnished by BTCC and that such records confirm that the company: a) Created within and/or relocated to Deschutes County at least 8 new full-time, family wage positions by or before December 31, 2021, and b) Maintained these new positions in Deschutes County for a 12-month period beyond the creation/relocation date through December 31, 2022, and c) Provided wages of at least $41,767 per year for each new position. I therefore request that the Deschutes County Board of County Commissioners authorize that the business development loan made to BTCC be converted to a grant in accordance with the terms of the attached Agreement as follows: Convert to a grant $14,400 Repayment by BTCC $1,800 plus interest from April 1, 2021 Economic Development for Central Oregon 49#Z By: _ Name Title: Don Myll Bend Area Director Date: October 11, 2023 REVIEWED •'"-M� —.1 :=. DESCHUTES COUNTY -LEGAL -COUNSEL ECONOMIC DEVELOPMENT LOAN PROGRAM DC: 2021-287 AGREEMENT WITH Broken Top Candle Company This Economic Development Loan Agreement ("Agreement") is entered into: BETWEEN: Deschutes County (hereinafter referred to as "County") PO Box 6005 Bend, OR 97708-6005 541-3304640 AND: Broken Top Candle Company (hereinafter referred to as "Company') 62980 Boyd Acres Road, Building B Bend, OR 97701 541-306-3079 RECITALS WHEREAS, County finds that the program set forth in this Agreement will promote state and local economic activity by creating new jobs and investment; and WHEREAS, Company wishes to expand its existing equipment and business operations within Bend, Oregon by increasing employment and investing in equipment and building improvements; and WHEREAS, the said expansion in Bend, Oregon will create at least nine (9) new full-time, jobs between January 14, 2021 and December 31, 2021 for total employment by Company of 20 full- time equivalent employees; and WHEREAS, once filled, the new full-time jobs will be maintained for an additional consecutive 12-month period to occur on or before December 31, 2022; and WHEREAS, County desires to promote the expansion of Company's facility by loaning funds in the amount of S 16,200 for certain hiring and training expenses and such loan will later be converted to a grant upon the condition that Company satisfy certain requirements; and WHEREAS, County has engaged Economic Development for Central Oregon (EDCO) to assist in administering and implementing the loan; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to as follows: Document Number: 2021-287 1O C —2 0 21— 2 8 7 SECTION 1 DEFINITIONS Section 1.1 Dollars and $ shall mean lawful money of the United States of America. Section 11.2 Loan shall mean funds loaned by County to Company as provided under Section 3. Section 1.3 Project shall mean expansion of Company employment in Deschutes County, Oregon. Section 1.4 Full -Time Employee shall mean any employee who has been hired with the expectation that the job will last for at least one (1) year and who will work at least forty (40) hours per week or the equivalent of 2,080 hours per year. SECTION 2 TERM This Agreement shall be effective as of the date of execution by all parties and continue until the loan is paid in full or the loan is converted to a grant as provided in Section 3.3 below. SECTION 3 LOAN Section 3.1 Loan County agrees to loan Company the sum of M 6,200 no later than 30 days following delivery of this signed Agreement to County. Section 3.2 Loan Purpose and Representations of the Comnany The purpose of the loan is to carry out the project, and for no other purposes. Company represents and warrants that it will diligently pursue and complete the following: 3.2.1 Company will employ at least thirteen (9) additional full time employees between January 14, 2021 and December 31, 2021 for a total of 20 full-time employees. 3.2.2 Company will maintain these new positions from the date all are filled for an additional consecutive 12-month period to occur on or before December 31, 2022. 3.2.3 Wages for the new positions will average $41,767 per year excluding commissions, per annum. 3.2.4 Company will submit quarterly and annual progress reports to EDCO with documentation for job creation, capital investment relating to new facilities, and equipment associated with the project. 3.2.5 Company shall comply with all applicable federal, state, regional, and local laws, regulations, and ordinances. Document Number: 2021-287 3.2.6 Company shall timely pay all Deschutes County real and personal property tax when due and shall satisfy all delinquent property tax accounts in full. Section 3.3 Loan Repayment or Conversion to Grant 3.3.1 Unless the loan is converted to a grant as provided below, Company agrees to pay to the order of County the full amount of the loan as well as interest at the rate of 5% per annum beginning from the date County releases funds to Company until the earlier of: (a) the occurrence of an event of default, as defined below, or (b) December 31, 2022. 33.2 County agrees to convert the loan to a grant that does not need to be repaid, if and when County determines in its sole discretion that Company has satisfied all of the obligations in Section 3.2 and its other obligations under this Agreement. Such conversion shall only be effective upon written verification by the County Administrator that the loan has been converted to a grant. 33.3 County may, in its sole discretion, convert a portion of the loan to a grant if all of the obligations under Section 3.2 and this Agreement have been fulfilled to the reasonable satisfaction of County. in the event of such partial conversion of the loan, the loan shall continue to be payable on a pro -rated basis in an amount determined by multiplying 51,800 by the difference between twenty (20) and the number of full-time employees employed in Deschutes County by Company as of December 31, 2022. Interest will accrue on this portion of the loan at a rate of five percent (5%) per annum from the time the Company received the loan monies to the time they are repaid. SECTION 4 DEFAULT Section 4.1 Events of Default The following shall be considered events of default: 4.1.1 Company fails to complete, or County reasonably determines that Company will not be able to complete, the obligations described in Section 3.2 and its other obligations under this Agreement; provided, however, that upon such failure or determination, County shall first provide to Company written notice of such failure or determination, and Company shall have thirty (30) days to correct the matter, if the matter has not been corrected by Company within such thirty (30) day period to the reasonable satisfaction of County, County shall be entitled to declare Company in default of its obligations under this Agreement and the loan and accrued interest shall be payable in full. 4.1.2 Company effects a change of ownership or change of control of its business which results in dissolution or conversion of the original business entity or relocates its business operations outside of Deschutes County, Oregon on or before the end of Document Number: 2021-287 the contract period. Change of ownership and/or change of control of the business will not be deemed a default if Company notifies County which may then condition consent on any reasonable term(s) necessary to adequately secure the loan. A change in majority stock ownership will not constitute a default if all other provisions in this agreement are met. 4.1.3 The occurrence of any event that has or may reasonably be expected to have a material adverse effect on Company's financial condition or Company's ability to make any payment required by this Agreement. 4.1.4 Company fails to pay, becomes insolvent or unable to pay, or admits in writing an inability to pay Company's debts as they become due, or makes a general assignment for the benefit of creditors. 4.1.5 A proceeding with respect to Company is commenced under any applicable law for the benefit of creditors, including, but not limited to, any bankruptcy or insolvency law, or an order for the appointment of a receiver, liquidator, trustee, custodian, or other officer having similar powers over Company is entered. SECTION 5 MISCELLANEOUS Section 5.1 Right to Inspect Company agrees that County, their agents, and employees shall be entitled, upon reasonable prior notice to Company, to access and inspect the property and employment records of Company and its affiliates in order to insure that Company is complying with the terms of this Agreement and all applicable federal, state, and local laws and regulations. The right to inspection shall also include any property or employment records that are in the possession of any affiliate of Company. The right of inspection shall continue until all of the obligations of Company under this Agreement have been satisfied. Section 5.2 Attorney's Fee Provision In the event suit or action is instituted to enforce any of the terms or conditions of this Agreement, the unsuccessful party shall pay to the prevailing party, in addition to the costs and disbursements allowed by statute, such sum as the court may adjudge reasonable as attorney fees in such suit or action, in both trial court and appellate courts. Section 5.3 Indemnification Company shall defend, indemnify and hold harmless County and EDCO, their officers, agents, employees, and members from all claims, suits, and causes of action, including attorney's fees, of any nature whatsoever relating to claims by third parties resulting from or arising out this Agreement or funds provided to Company under this Agreement. Except as otherwise provided in this Section 5.3, County and EDCO shall defend, indemnify, and hold harmless Company, their officers, agents, employees, and members from all claims, suits, and causes of action, including attorney's fees, relating to claims by third parties as to the validity Document Number: 2021-287 under public finance law of this Agreement or funds provided to the Company under this Agreement. Section 5.4 Entire Agreement This Agreement constitutes the entire agreement between the parties regarding the matters herein. Section 5.6 Titles and Subtitles The titles in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provision of this Agreement. Section 5.7 Notice All notices, requests demands, and other communications to or upon the parties hereto shall be in writing and shall be deemed to have been duly given or made: Upon actual receipt, if delivered personally or by fax or an overnight delivery service; and at the end of the third business day after the date of deposit in the United States mail, postage pre -paid, certified, return receipt requested; and to the addresses set forth on page I of this Agreement or at such other address of which such party shall have notified in writing the other parties hereto. Section 5.8 Time is of the Essence All parties agree that time is of the essence under this Agreement. Section 5.9 Applicable Law This Agreement is made, and shall be construed and interpreted under the laws of the State of Oregon without regard to the principles of conflicts of law. Venue shall lie in state courts located in Deschutes County, Oregon, provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. Section 5.10 Disclosure Under Oregon law, most agreements, promises, and commitments made by a lender after October 3, 1989 concerning loans and other credit extensions which are not for personal, family, or household purposes or secured solely by borrower's residence must be in writing, express consideration, and be signed by the lender to be enforceable. Section 5.11 No Waiver No failure or delay of County in exercising any right, power or remedy under this Agreement shall operate as a waiver of such right, power or remedy of County, or of any other right. A waiver of any provision of this Agreement shall not constitute a waiver of or prejudice County's right otherwise to demand strict compliance with that provision or any other provision. Any waiver, permit, consent or approval of any kind or character on the part of County must be in writing and shall be effective only to the extent specifically set forth in such writing. Section 5.12 No Assignment by Company No obligation or right under this Agreement may be assigned by the Company without the prior consent of County, which consent may be withheld, conditioned, or delayed in the sole discretion of County. Document Number: 2021-287 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed as of the dates set forth below their respective signatures. Deschutes County By: .7 �h /�12� Tom Anderson, County Administrator Date: Document Number: 2021-287 Broken Top Candle Company ay: Affton Coffe t ICEO + Founder Date: / \ `� v'f E S COG�� BOARD OF COMMISSIONERS MEETING DATE: November 1, 2023 SUBJECT: Bend UGB Expansion, Plan Amendment, and Zone Change -Stevens Road Tract RECOMMENDED MOTION: Move approval of Hearings Officer decision for files 247-23-000415-PA and 247-23-000416- PA, approving a Comprehensive Plan Amendment and Zone Change. BACKGROUND AND POLICY IMPLICATIONS: Staff will provide background to the Board for consideration of a request for a Comprehensive Plan Amendment and Zone Change (file nos. 247-23-000415-PA, 416-ZC) for a 261-acre parcel located to the east of the Bend Urban Growth Boundary (UGB). House Bill 3318 allows the subject property, known as the Stevens Road Tract, to be brought into the Bend UGB and developed with affordable housing and other uses. A public hearing on the quasi-judicial Plan Amendment/Zone Change application was held before the Deschutes County Hearings Officer on October 11, 2023. A Hearings Officer decision approving the application was mailed on October 24, 2023. BUDGET IMPACTS: None ATTENDANCE: Audrey Stuart, Associate Planner MEMORANDUM TO: Board of County Commissioners FROM: Audrey Stuart, Associate Planner DATE: October 23, 2023 RE: Consideration of whether to initiate review of a Plan Amendment/Zone Change request; Land use file nos. 247-23-000415-PA, 247-23-000416-ZC. On November 1, 2023, the Board of County Commissioners ("Board") will consider whether to initiate review of a Hearings Officer's approval of a Comprehensive Plan Amendment and Zone Change, for a property known as the 'Stevens Road Tract.' I. SUBJECT PROPERTY The subject property is approximately 261 acres and is located immediately to the south of Stevens Road. The property is zoned Multiple Use Agricultural (MUA10) and is undeveloped. House Bill 3318 was passed by the Oregon Legislature in 2021 and allows for the Stevens Road Tract to be brought within the Bend Urban Growth Boundary (UGB) through a special process. The bill is specific to the subject property and would not allow any other properties to be brought within the Bend UGB through this same pathway. As part of this bill, a certain number of the housing units must be set aside as affordable housing, with priority given to school district employees. The Bend City Council voted to approve a Concept Plan, which provides a high-level overview of where different housing types, commercial areas, parks and roads would be located within the property. This future development would not occur until the property is annexed into the Bend city limits. The subject property is currently owned by the State of Oregon, and future development is also contingent on the land being transferred to the City of Bend. II. PROPOSAL The Applicant requests a change in the Comprehensive Plan designation, from Rural Residential Exception Area to Urban Growth Boundary. The Applicant also requests a concurrent change in the 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q% (541) 388-6575 @cdd@deschutes.org .org ®www.deschutes.org/cd zoning designation, from MUA10 to Urbanizable Area. No development or new uses are being reviewed as part of this application. A staff report was mailed on October 4, 2023, and staff found the proposal complied with all applicable provisions of Deschutes County Code, Deschutes County Comprehensive Plan policies, and Statewide Planning Goals. A public hearing was held before a Hearings Officer on October 11, 2023, and a Hearing's Officer decision approving the application was mailed on October 24, 2023. As described below, the Board may decide to either adopt the Hearing's Officer decision or initiate review of the decision. III. PUBLIC COMMENTS Two members of the public submitted written comments regarding this application. One comment was in support and one was neutral. No members of the public attended the Hearings Officer hearing on October 11, 2023. Comments received from other agencies did not indicate any concerns with the proposal. IV. BOARD OPTIONS Pursuant to DCC 22.28.030(B), the Board shall adopt the Hearing's Officer decision unless an appeal is filed or the Board initiates review of the application. Under DCC Title 22, the Board is only required to hold their own hearing when a Plan Amendment and Zone Change application involves an exception to a Statewide Planning Goal or involves land that is designated for forest or agricultural use. In this instance, neither of those conditions apply and the Board is therefore not required hear this application. Reasons not to hear Members of the public were notified of the subject application through a mailed Notice of Application, posted land use sign, mailed Notice of Public Hearing, project webpage, and posting in the Bend Bulletin. Ample time was provided to submit public comments, and no comments were received in opposition. Staff and the Applicant generally concur with the Hearings Officer decision and there do not appear to be any interpretive issues that would benefit from further review. The Hearings Officer decision provided a thorough analysis and could be supported, as the record exists today, on appeal to the Land Use Board of Appeals. Reasons to hear The Board may want to take testimony and make interpretations relating to the Hearings Officer's decision. The Board may also want to reinforce or refute some or all of the decision findings/interpretations prior to Land Use Board of Appeals review. If the Board decides the Hearings Officer's Decision shall be the final decision of the county, then the Board shall not initiate review. Staff will then return to the Board for a first and second reading 247-23-000415-PA, 416-ZC Page 2 of 3 of Ordinance 2023-025, a draft Ordinance approving the subject Comprehensive Plan Amendment and Zone Change. V. STAFF RECOMMENDATION The Hearing's Officer decision was well -reasoned and aligned with staffs analysis of the application materials. Staff does not have any concerns with the Hearing's Officer decision and therefore recommends the Board decline to initiate review. The Applicant also generally supports the Hearings Officer's decision, and initiating a Board hearingwould add additional time and cost to the project. VI. 150-DAY LAND USE CLOCK Pursuant to DCC 22.20.040(D)(1), the subject application is exempt from the 150-day land use clock. VII. RECORD The record for File Nos. 247-23-000415-PA, 247-23-000416-ZC are as presented at the following Deschutes County Community Development Department website: https://www.deschutes.org/cd/page/247-23-000415-pa-247-23-000416-zc-stevens-road- comprehensive-plan-amendment-and-zone-change Attachments: 1. Hearing's Officer Decision for file nos. 247-23-00415-PA, 247-23-000416-ZC 247-23-000415-PA, 416-ZC Page 3 of 3 Mailing Date: Tuesday, October 24, 2023 HEARINGS OFFICER DECISION FILE NUMBER(S): 247-23-000415-PA, 247-23-000416-ZC SUBJECT PROPERTY/ OWNER: Mailing Name: STATE OF OREGON Map and Tax lot: 1812110000100 Account: 151657 Situs Address: 61200 27TH ST, BEND, OR 97702 (the "Subject Property") APPLICANT: Eric King, City of Bend REQUEST: Amendment to the Comprehensive Plan designation and a Zone Change of the Subject Property from Rural Residential Exception Area (RREA) and Multiple Use Agricultural ("MUA10") Zone to Bend Urban Growth Boundary (UGB) Area and Urbanizable Area (UA), respectively. The subject proposal is in conjunction with House Bill 3318 ("HB 3318"), to bring the Stevens Road Tract into the City of Bend UGB. STAFF CONTACT: Audrey Stuart, Associate Planner Phone: 541-388-6679 Email: Audrey.Stuart@deschutes.org RECORD: Record items can be viewed and downloaded from: https://www.desch utes.org/cd/page/247-23-000415-pa-247-23- 000416-zc-stevens-road-comprehensive-plan-amendment-and-zone- change. HEARINGS OFFICER: Gregory) Frank I. APPLICABLE CRITERIA Title 18 of the Deschutes County Code, the County Zoning Ordinance: Chapter 18.32, Multiple Use Agricultural (MUA10). Chapter 18.136, Amendments Title 19A of the Deschutes County Code, Bend Urbanizable Area (UA) District Title 22, Deschutes County Development Procedures Ordinance Deschutes County Comprehensive Plan Chapter 1, Comprehensive Planning Chapter 2, Resource Management Chapter 4, Urban Growth Management Chapter 5, Supplemental Sections Appendix C-Transportation System Plan Oregon Administrative Rules ("OAR"), Chapter 660 Division 12, Transportation Planning Division 15, Statewide Planning Goals and Guidelines Division 24, Urban Growth Boundaries Oregon Revised Statutes ("ORS") ORS 197.298, Priority of Land to be Included with Urban Growth Boundary 11. Overview Findings A public hearing was held on October 11, 2023 (the "Hearing") providing the Applicant, Deschutes County Planning Staff ("County Staff") and members of the public an opportunity to provide oral and written comments related to the application in this case. Only the Applicant (City of Bend Planning Staff and City Attorney representatives) and County Staff offered testimony and written comments at the Hearing. No person or entity, at the Hearing, provided the Hearings Officer any testimony or written comments in opposition to the Applicant's proposal or the evidence and findings set forth in the Staff Report. The Staff, in the Staff Report and during its presentation at the Hearing, expressed a level of uncertainty related to the relationship of various County planning policies to the House Bill 3318 statutory processes. Staff, in the Staff Report (page 29), stated the following': "The language of HB 3318 appears to refer to the planning amendments the City of Bend must undertake in order to receive approval for bringing the subject property within the Bend UGB. Section (2)(4) of HB 3318 includes the following definition: "Stevens Road planning amendments' means amendments to the city's comprehensive plans, land use regulations or zoning maps that affect the development of the Stevens Road tract' (emphasis addedj. The language of the House Bill does not specify the process, if any, that the County must undertake for the corresponding amendment to the County Comprehensive Plan. Absent that guidance, the subject request has been processed as a request for a Comprehensive Plan Amendment and Zone Change pursuant to Deschutes County Code. It is not apparent to staff whether the House Bill exempts the subject application from demonstrating compliance with Statewide Planning Goals, Deschutes County Comprehensive Plan policies, or other provisions of Deschutes County Code. Staff requests the Hearings Officer make specific findings regarding whether the provisions of HB 3318 are applicable approval criteria for the subject amendment to Deschutes County's Comprehensive Plan, as well as the proposed Zone Change of the subject property." The Hearings Officer agrees with Staff that HB 3318 is focused on actions that must be taken by the City of Bend. The Hearings Officer finds no clear reference, in HB 3318, to any planning process or procedures that must be undertaken by the County. The Hearings Officer concurs with Staff that 1 See also County Senior Transportation Planner comments related to relevant/applicability of Statewide Goal 12 (Staff Report, page 5). HB 3318 references to planning amendments are references to the City of Bend's comprehensive plan, land use regulations and zoning maps. Staff asked the Hearings Officer to determine if the Statewide Planning Goals are applicable to the application in this case. The Applicant provided the following comments related to this issue: "The purpose of this finding is to show that the Statewide Planning Goals are not applicable to this proposal because of the above -cited language in Section 3 of HB 3318. Section 9 of HB 3318 provides that standards in the bill apply to the Stevens Road Tract in lieu of statewide planning goals. Section 3(1)(a) of HB 3318 states that actions taken under sections 2 through 9 of this 2021 Act are not land use decisions, as defined in ORS 197,015. Under this statute, ORS 197.015(10) defines a land use decision as one that includes under (10)(a)(A) a final decision or determination made by a local government or special district that concerns the adoption, amendment, or application of the goals. The goals in this context refer to the Statewide Planning Goals." The Hearings Officer does not disagree with the Applicant's above -quoted comments as they relate to City of Bend applications and processing of the Stevens Road Tract. However, based upon the lack of clear and objective language relating to the County processing of the Stevens Road Tract, the Hearings Officer makes the following findings. The Hearings Officer finds that HB 3318 does not explicitly or inferentially limit or restrict consideration of County planning processing requirements. The Hearings Officer finds that the County application processing requirements for Comprehensive Plan amendments, and other relevant provisions of the Deschutes County Code ("DCC"), do require consideration of statewide planning goals. The Hearings Officer finds the County processing requirements, including consideration of statewide planning goals, do apply in the processing of this land use application. The Hearings Officer acknowledges that Staff, in the Staff Report, provided findings for the County Comprehensive Plan and other relevant provisions of the DCC. The Applicant, during Hearing testimony, expressed agreement with the Staff Report findings related to the statewide planning goals. Staff, in several instances, requested the Hearings Officer consider supplementing Staff findings. The Hearings Officer addresses those requests in the findings for the relevant criterion.' Finally, the Hearings Officer reiterates that no person or entity testified at the Hearing or asserted in any written document contained in the public record opposition to the Applicant's proposal. With the exception of findings set forth in this section (Overview of Findings) and in the modified findings related to specific sections (see footnote 2) the Hearings Officer has adopted the Staff Findings from the Staff Report as the findings for this decision. 2 See findings for DCC 18.136.020 B (Staff Report page 8), DCC 18.136.020 C.2 (Staff Report page 10); Comprehensive Plan sections 2.5 (Staff Report page 14), 3.6 Goal 1 (Staff Report page 22 & 23) and 3.7 (Staff Report page 23). 3 III. BASIC FINDINGS LOT OF RECORD: The Subject Property is a legal lot of record together with Tax Lot 200, which borders the Subject Property to the west, pursuant to Deschutes County files 247-17-000726-PA, 727-ZC. SITE DESCRIPTION: The Subject Property is 261.66 acres in size and is bordered on the north by Stevens Road, which turns into Ward Road. The Subject Property is bordered to the west by a TransCanada natural gas pipeline and 13 acres of the Subject Property are within an easement associated with the pipeline. The application materials provide the following description of the Subject Property: "The Stevens Rood Tract property today is undeveloped rural land with informal trail systems meandering through the site. It is comprised of scattered junipers and occasional ponderosa pine trees, with sagebrush and other low -coverage understory vegetation. There are rock outcrops that form localized high points and subtle ridges throughout the site, rising between approximately 10 and 20 feet above grade." The Subject Property is zoned Multiple Use Agricultural (MUA10) and is not within any overlay zones. There is no mapped floodplain on the Subject Property, and it does not contain any wetlands mapped on statewide or national inventories. As described below, the Subject Property was approved for a UGB expansion through HB 3318. There are associated City of Bend planning processes for the Subject Property, and the Subject Property is referred to as Stevens Road Tract in those documents. For the purpose of this review, Hearings Officer uses the terms'Subject Property' and 'Stevens Road Tract' or'SRT' interchangeably. M V to Bend UGB PROPOSAL: The Applicant requests approval of a Comprehensive Plan Map Amendment to change the designation of the Subject Property from a Rural Residential Exception Area (RREA) designation to Bend Urban Growth Area. The Applicant also requests approval of a corresponding Zoning Map Amendment to change the zoning of the Subject Property from Multiple Use Agricultural (MUA10) to Urbanizable Area (UA) District. The purpose of the amendments is to provide dense, master -planned development that includes affordable housing and workforce housing, pursuant to the process outlined in HB 3318. The submitted application materials include the following additional details: "In 2021, the Oregon Legislature passed HB 3318 (See Exhibit G). Through this legislation, HB 3318 provides an alternative process for the City of Bend to include the Stevens Road Tract in the Bend UGB (See Section 6 of HB 3318). The bill is limited in use to including only the 261.66 acre tract and no other properties in the Bend UGB. The legislation further requires a two-step process for planning this property that includes development and approval of a concept plan, and subsequent approval of what HB 3318 refers to as planning amendments (See Section 9 of HB 3318) that outline what amendments to the Bend Comprehensive Plan and Development Code the City must adopt to support subsequent master planning of the Stevens Road Tract. The legislation was crafted with the 61 participation and consent of DSL, to facilitate the property for sale and future urban development." SURROUNDING LAND USES: The area surrounding the Subject Property is defined by the City of Bend's UGB to the west; land to the north, east, and south of the Subject Property are outside of the UGB and contain a mix of residential use, small-scale agriculture, and public facilities. Neighboring rural lands are zoned Multiple Use Agricultural (MUA10) and Exclusive Farm Use (EFU). The submitted application materials include the following additional details on adjacent properties: "North. The area north of Stevens Road includes several rural residential parcels developed with homes and outbuildings. The County Comprehensive Plan designations in this area include Agriculture and Rural Residential Exception Area. Most of the area is zoned MUA10, Multiple Use Agricultural. One property approximately 38 acres in size and located at the northwest corner of Ward Road and Stevens Road is zoned Exclusive Farm Use-Tumalo/Redmond/Bend subzone. The area outside of the UGB includes properties from five to 40 acres in size. A Central Oregon Irrigation District (COID) Canal runs southwest to northeast between properties inside and outside the UGB. The area north and west of the COID canal is inside the UGB and has been developed with detached houses in the RS, Urban Standard Residential Zone. West. The area west of the SRT consists of the area described above as the Stevens Ranch Major Community Master Plan. The master plan includes land designated for housing, commercial uses, and industrial uses. The plan includes a 50-acre large lot industrial site located to the south and abutting property owned by Deschutes County that is also north of the Knott Landfill. South. The area due south of the SRT is owned by Deschutes County, is undeveloped, and has similar topography and vegetation. This area is designated as Agriculture on the County's Comprehensive Plan map and zoned EFUTRB. The County also owns land south of the SRT that has been developed as the Knott Landfill, designated Surface Mining, and zoned for Surface Mining. To the south and west of the SRT are a number of non-residential uses along 27th Street south of Ferguson Rd, including the County's Road Department, Humane Society of Central Oregon, and Central Oregon Electric Cooperative. East. The area due east of the SRT includes several rural residential parcels south of Ward Road and west of Ward/Larsen Road. The properties in this area are designated either Rural Residential Exception Area or Agriculture and zoned accordingly. This area is approximately one-half mile in depth between the SRT's eastern boundary line and Ward/Larsen Road. Non-residential uses include Bend Community Farm and the Bend Kitty Lodge." PUBLIC AGENCY COMMENTS: The Planning Division mailed notice on June 8, 2023, to several public agencies and received the following comments: Deschutes County Senior Transportation Planner, Tarik Rawlings "I have reviewed the transmittal materials for file 247-23-000415-PA, 416-ZC for a Plan Amendment and Zone Change for affordable housing on 261.66 acres to the north of the City of C.1 Bend at 61200 27th St, Bend, OR 97702 aka County Assessor's Map 18-12-11, Tax Lot 100. The proposal is related to House Bill 3318 (2021), and the subject property is referred to as the Stevens Road Tract. The subject property currently has a Comprehensive Plan designation of Rural Residential Exception Area (RREA) and is zoned as Multiple Use Agriculture (MUA-10). The proposal would annex the area and change the designation to the City's Urbanizing Area (UA). HB 3318 Section 3 specifically states that actions taken under Sections 2 to 9, including Plan Amendments and Zone Changes, are not land use decisions as defined in ORS 197.015 and, therefore, are not required to comply with Statewide Planning Goal 12 (Transportation), which is implemented by the Transportation Planning Rule (TPR) - OAR 660-012-0060. However, local codes still require traffic analysis, specifically Deschutes County Code (DCC) 18.116.310(C)(3) and 18.116.310(E)(4), which may apply to the subject proposal. The subject property will be brought into the City of Bend as a result of the proposal. There currently is no specific proposal to develop the land, but the City's transportation consultant had prepared an assessment dated (May 17, 2022) reviewing the potential trip generation of the property and planned improvements to affected City facilities. There were no adverse effects outlined in the assessment. Under the joint Area Management Agreement between City of Bend and Deschutes County, jurisdictional transfer of roads are accomplished as part of annexation. The site is currently served by Stevens Road (County designated Rural Collector) to the north. Adequacy of current and future transportation facilities will be reviewed per the Bend development code as the land is proposed to develop. Finally, HB 3318 exempts the subject property from any Statewide Planning Goals, including Goal 12 (Transportation) as the subject property includes affordable housing and that the proposal is not a land use decision. Therefore, the Transportation Planning Rule (TPR) at OAR 660-012, does not apply nor does Deschutes County Code (DCC) 18.116.310, Staff finds this goal is met." The following agencies did not respond to the notice: Arnold Irrigation District, Bend Fire Department, City of Bend Planning Department, City of Bend Growth Management Department, Oregon Department of Agriculture, Oregon Department of Land Conservation and Development, Department of State Lands, Deschutes County Assessor, Deschutes County Building Division, Deschutes County Road Department, and District 11 Watermaster. PUBLIC COMMENTS: The Planning Division mailed notice of the application to all property owners within 750 feet of the subject property on June 8, 2023. The Applicant also complied with the posted notice requirements of Section 22.24.030(B) of Title 22. The Applicant submitted a Land Use Action Sign Affidavit indicating the Applicant posted notice of the land use action on June 12, 2023. Two public comments were received into the record. The first, from John Heylin (6/23/2023 email) expressed support for the application proposal. The second, from David and Theresa Douglas (10/11 /2023 email) expressed concerns related to roadway access if and when the Subject Property is developed. The Douglas email did not set forth any objections to the application in this case. NOTICE REQUIREMENT: On September 1, 2023, the Planning Division mailed a Notice of Public Hearing to all property owners within 750 feet of the Subject Property and public agencies. A Notice of Public Hearing was published in the Bend Bulletin on Sunday, September 3, 2023. Notice of the 7 first evidentiary hearing was submitted to the Department of Land ConseRation and Development on September 3, 2023. REVIEW PERIOD: According to Deschutes County Code 22.20.040(D), the review of the proposed quasi-judicial plan amendment and zone change application is not subject to the 150-day review period. IV. GENERAL FINDINGS & CONCLUSIONS Title 19A of the Deschutes County Code, Bend Urbanizable Area District Section 19A.01.010 Purpose, Applicability And Definitions 1. Purpose. The Urbanizable Area (UA) District is intended to preserve large areas of undeveloped or rural land for future urban development prior to annexation. The UA District promotes the livability, stability, safety and improvement of the City of Bend by allowing orderly development consistent with the Bend Comprehensive Plan. 2. Applicability. The provisions of the UA District apply to all land inside the Urban Growth Boundary but outside the city limits, except for the land withdrawn from the City of Bend by the County by City Resolution 2459. The City of Bend is responsible for administering Title 19A using the Bend Development Code (BDC). The UA District will automatically be removed upon annexation to the City, and the zoning that implements the Bend Comprehensive Plan designation for the property will apply. FINDING: The Hearings officer adopts as findings for this decision the following Staff Report statements: 'As described above, the applicant proposes to change the zoning of the subject property to Urbanizable Area, which will function as a holding zone until the property is annexed into the Bend city limits. Staff finds that DCC 19A.01.010 is a purpose statement, which sets forth a general expression of a goal or objective to maintain large areas of undeveloped or rural land for future urban development prior to annexation. See Beck v. City of Tillamook, 20 Or LUBA 178, 185-86 (1990). Staff therefore finds DCC 19A.01.010 is not an approval criterion for the subject application." Title 18 of the Deschutes County Code, County Zoning Chapter 18.136, Amendments Section 18.136.010, Amendments DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or legislative map changes shall be as set forth in DCC 22.12. A request by a property owner for a quasi-judicial map amendment shall be accomplished by filing an application on forms provided by the Planning Department and shall be subject to applicable procedures of DCC Title 22. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The Applicant, also the property owner, has requested a quasi-judicial plan amendment and filed the applications for a plan amendment and zone change. The Applicant has filed the required Planning Division's land use application forms for the proposal. The application will be reviewed utilizing the applicable procedures contained in Title 22 of the Deschutes County Code." Section 18.136.020, Rezoning Standards The applicant for a quasi-judicial rezoning must establish that the public interest is best served by rezoning the property. Factors to be demonstrated by the applicant are: A. That the change conforms with the Comprehensive Plan, and the change is consistent with the plan's introductory statement and goals. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The Applicant provided the following response in its submitted burden of proof statement: 'The proposed amendment will be consistent with the applicable elements of the Comprehensive Plan Vision Statement. The expansion of the Bend UGB to include the Stevens Road Tract is a necessary step before completing planning amendments required under HB 3318. This legislation requires certain elements to be addressed in planning amendments adopted by the City after an approved UGB expansion, which will also be consistent with these elements of the Vision Statement as follows: The beauty, boundary, and richness of a healthy natural environment. The proposal will satisfy this element because future master planning will be based upon an inventory of significant historical artifacts, cultural sites, and natural resources, and land use regulations for their protection and preservation (See Section 9(1)(a) and (b) of HB 3318) A strong and diverse economy. The proposal will satisfy this element because the Concept Plan for the Stevens Road Tract contemplates approximately five (5) acres of land for Commercial plan designations, and another seven (7) for Mixed Employment. In addition, the Concept Plan Alternative 3 shows the potential for over Z400 new housing units that can support the commercial areas to the west within the Stevens Ranch Master Plan. Access to a wide variety of outdoor recreational opportunities. The proposal meets this element because the Concept Plan proposes: 1) a 29-acre Community Park adjacent to the Stevens Ranch Master plan; 2) agreen loop of trails around the perimeter of the tract and within the tract along the planned local and collector streets, and; 3) an additional three (3) acres of undesignated open spaces that would be determined as part of future master planning for the Stevens Road Tract. • The rural character of the region. The proposal is consistent with this element because master planning for the Stevens Road Tract will be based on an inventory of significant natural resources, including significant trees and rock outcrops, and these resources will be protected and preserved through land use regulations incorporated in the Bend Development Code.' Staff concurs with the Applicant's response to the Community Vision section of the Comprehensive Plan. The Applicant identified specific Comprehensive Plan Goals and policies that apply to the proposal and has provided a response to each. These findings are listed in the Comprehensive Plan section of this staff report in further detail. Staff agrees with the Applicant's analysis and finds the above provision to be met based on Comprehensive Plan conformance as demonstrated in subsequent findings." B. That the change in classification for the subject property is consistent with the purpose and intent of the proposed zone classification. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The Applicant provided the following response in the submitted burden of proof statement. 'The proposal meets this criterion because the proposed change in classification for the SRT is consistent with the purpose and intent of the proposed zone classification. The proposal is to change the zoning of the SRT from MUA10, Multiple Use Agricultural, to UA, Urbanizable Area. The intent of applying the UA is to limit the development of the SRT, and maintain this tract as one block of land, until such time as the DSL surpluses the property to a developer. The City will then collaborate with a developer to ensure a final master plan submitted to the city for approval satisfies the planning amendments adopted to satisfy the requirements of Section 9 of HB 3318. Once the master plan is approved and the SRT annexed, the City's zoning map will be changed to reflect those City Comprehensive Plan designations applied to the SRT through the master plan.' The purpose of the UA Zone is described in DCC 19A.01.010, which is addressed above. Staff finds the proposed Zone Change will allow orderly development consistent with the Bend Comprehensive Plan by retaining the subject property as undeveloped land until it is annexed, at which time Bend Comprehensive Plan designations will be applied. The provisions of the UA Zone are intended to preserve land for future urbanization by regulating land divisions, allowed uses, and other development standards. Staff finds the UA Zone is an appropriate zoning designation for the subject property, based on the intended use of future annexation. Staff finds the Applicant has demonstrated the change in classification is consistent with the purpose and intent of the UA Zone, and asks the Hearings Officer to amend or add to these findings as the Hearings Officer sees fit." The Hearings Officer finds that the Applicant has submitted substantial evidence that the change in classification is consistent with the purpose and intent of the UA Zone. 10 C. That changing the zoning will presently serve the public health, safety and welfare considering the following factors: 1. The availability and efficiency of providing necessary public services and facilities. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "Although there are no plans to develop the properties in their current state, the above criterion specifically asks if the proposed zone exchange will presently serve public health, safety, and welfare. The Applicant provided the following response in the submitted burden of proof statement: 'The proposal satisfies criterion (3)(1) because public services and facilities are available and can be provided efficiently to the SRT. As evidence in support of these Proposal, the applicant has included in the record theJune 2023 Stevens Road Tract Concept Plan (See Exhibit H) and the Plan's Technical Appendices (See Exhibit I). The Concept Plan includes evidence that transportation facilities, water, and wastewater collection infrastructure can be provided to the SRT to serve future housing, commercial, mixed use, and open space (parks) development. These provisions of the Concept Plan are required by HB 3318 to be in the City's planning amendments adopted after UGB expansion.' No issues have been identified in the record regarding service provision to the subject property. The Bend UGB is adjacent to the west side of the subject property, and the neighboring 382-acre parcel to the west is the Stevens Ranch Master Plan property. This neighboring property has not been developed yet but underwent a master planning process that accounted for parks, a new elementary school, and other public facilities necessary to serve the proposed residential commercial, and industrial uses. Staff finds the proximity to the Bend UGB will allow for efficient provision of public services. In addition, the master planning projects on the subject property and surrounding vicinity will ensure adequate land is provided for public facilities. The subject property is bordered to the north by Stevens Road, which is classified as a County - maintained Rural Collector. This road connection provides direct access to land within the Bend UGB as well as surrounding rural lands. In addition, the Concept Plan submitted with the application materials demonstrates a future road network within the subject property has been planned for. The Stevens Road Tract Concept Plan submitted with the application materials also provides an overview of water, sewer, and stormwater infrastructure that would be required to serve property. These supporting materials indicate the Applicant has collected preliminary comments regarding the system upgrades that would be required, and the approximate locations of road and sewer extensions. There are no known deficiencies in public services or facilities that would negatively impact public health, safety, or welfare. In addition, the application materials indicate coordination has begun with Avion Water and public agencies to ensure necessary public facilities and services can be provided. Prior to development of the properties, the Applicant would be required to comply with the applicable requirements of the Deschutes County Code or the Bend Development Code, if development occurs 11 after annexation whether. Through these development review processes, assurance of adequate public services and facilities will be verified. Staff finds this provision is met." 2. The impacts on surrounding land use will be consistent with the specific goals and policies contained within the Comprehensive Plan. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The proposed Zone Change from MUA10 to UA will not generate additional development or impacts to surrounding properties. The UA Zone will function as a holding zone to preserve the subject property in its current configuration until it is brought into the City of Bend, and new urban zoning designations are assigned. If any development occurs while the property remains within Deschutes County zoning, all necessary land use permits will need to be obtained and compatibility with surrounding uses will be evaluated. The Applicant provided specific findings for each relevant Comprehensive Plan goal and policy, which are addressed below. Staff finds the Applicant has demonstrated the impacts on surrounding land use will be consistent with the specific goals and policies contained within the Comprehensive Plan, and asks the Hearings Officer to amend or add to these findings as the Hearings Officer sees fit." The Hearings Officer finds that Applicant has adequately, with substantial evidence in the record, demonstrated that the impacts on surrounding land use will be consistent with the specific goals and policies contained within the Comprehensive Plan. D. That there has been a change in circumstances since the property was last zoned, or a mistake was made in the zoning of the property in question. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The Applicant proposed to rezone the properties from MUA10 to UA and re -designate the properties from Rural Residential Exception Area to Bend Urban Growth Boundary. The Applicant provided the following response in the submitted burden of proof statement: 'The proposal meets this criterion, because there has been a change of circumstances since the property (aka SRT) was lastzoned. The property owner, the Division of State Lands or DSL, obtained approval of quasi-judicial plan and zone map amendments for the SRT in 2018. Through Ordinance 2018-11, the County approved a quasi-judicial change to the plan designation from Agriculture to Rural Residential Exception Area, and a change to the zoning from Exclusive Farm Use-Tumalo/Redmond/Bend subzone to Multiple Use Agricultural (MUA10). In 2021, the Oregon Legislature passed HB 3318, providing for an alternative process to bring the SRT into the Bend UGB. HB 3318 passed both chambers, was signed by Governor Brown on July 19, 2021, and became effective on September 25, 2021. The Bend City Council subsequently approved a Concept Plan for the Stevens Road Tract in June 2022.' 12 Staff finds the adoption of House Bill 3318 represents a change in circumstances because it modifies the process for the subject property to be brought into the Bend UGB. This legislation is specific to the subject property, and represents a clear change in the conditions that apply to this property and the subject application. Staff finds this criterion is met." Deschutes County Comprehensive Plan Chapter 1, Comprehensive Planning Section 1.3, Land Use Planning Goal 1, Maintain an open and public land use process in which decisions are based on the objective evaluation of facts. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "Planning and development of the subject property will involve public processes led by the State of Oregon, Deschutes County, and City of Bend. First, legislation was passed to allow the subject property to be brought into the Bend UGB for the purpose of developing affordable housing. The language of HB 3318 includes an objective evaluation of facts regarding the subject property, including. the property is not in a resource zone, the property has no associated water rights, the property is held by the Common School Fund, and the property is adjacent to a UGB. The passage of this state legislation was not subject to Deschutes County's Procedures Ordinance, however, staff finds it involved an open and public process. The subject application is being evaluated based on an objective review of compliance with Statewide Planning Goals, Deschutes County Comprehensive Plan policies, and Oregon Administrative Rules. A public hearing will be held before a Hearings Officer on October 11, 2023, and members of the public can attend and testify at that hearing. Pursuant to DCC22.28.030, the Board of County Commissioners will take final action on the application and may choose to either adopt the Hearings Officer findings or conduct their own hearing. This Comprehensive Plan Amendment and Zone Change application will be evaluated through on open process that allows for public input and follows Deschutes County's Procedures Ordinance. The City of Bend is undertaking parallel planning efforts to amend their Comprehensive Plan, develop a Concept Plan for the subject property, draft Code amendments specific to the subject property, and eventually annex the subject property and facilitate a master planning process. The application materials document public open houses that have been held for the Stevens Road Tract Concept Plan project, as well as public meetings with the City's Planning Commission and City Council. These City - led efforts allow for greater public involvement in the planning and development of the subject property, even though they are not directed specifically at the subject Comprehensive Plan Amendment and Zone Change application. 13 Staff finds that within each of the steps described above, there is an open and public process that is based on an objective evaluation of facts. This criterion will be met." Goal 2, Promote regional cooperation and partnerships on planning issues. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The subject application is the result of a collaborative effort between City of Bend, Deschutes County, and the State of Oregon. The application represents a regional effort to address a key planning issue, housing affordability, through the implementation of HB 3318. There are a number of parallel processes that are being undertaken by partner agencies in order to eventually master plan and develop the subject property with a variety of uses, including deed -restricted affordable housing. The City of Bend has developed a concept plan for the subject property, and is amending their own Comprehensive Plan and development code to reflect this concept plan. Once the County's Comprehensive Plan amendment and the Citys development code amendments are both completed, Department of State Lands can initiate the process to transfer the property ownership to City of Bend. These multi -step planning processes are interrelated and require regional coordination, and staff finds they demonstrate cooperation and partnership between the County, City, and State agencies." Chapter 2, Resource Management Section 2.2, Agricultural Lands Policies FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The Subject property has a Comprehensive Plan designation of Rural Residential Exception Area and is therefore not categorized as agricultural lands. In addition, staff finds there is nothing in the record that indicates the property is in farm use. Agricultural lands policies do not apply." Section 2.3, Forests FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The subject property has a Comprehensive Plan designation of Rural Residential Exception Area and is therefore not categorized as forest land. Staff therefore finds forest land policies do not apply." Section 2.4 Goal 5 Overview Policies Goal 1, Protect Goal 5 Policies 14 FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The Applicant provided the following response to this criterion in their submitted Burden of Proof., The proposal will be consistent with this goal because the applicant has reviewed the County's Inventory of Goal 5 resources and confirmed that none were identified and mapped on the SRT. The Concept Plan also includes planned actions to protect significant trees and rock outcrops, inventory and protect cultural resources, and identify locations for open spaces (e.g., community parks, loop trail) on the SRT. These provisions of the Concept Plan are required by HB 3318 to be in the City's planning amendments adopted after UGB expansion. Staff concurs with this analysis, and notes the Applicant does not propose to repeal or modify any Goal 5 policies as part of this application. The County's Goal 5 policies are partially implemented through the Landscape Management Combining Zone, which regulates development within designated scenic corridors. The subject property is not within the Landscape Management Combining Zone. In addition, the subject property does not contain any jurisdictional wetlands mapped on a statewide or national wetland inventory. The Applicant does not propose to remove any Goal 5-related overlay zones from the subject property or change mapped resources. Eventual development of the subject property will be regulated by the Bend Development Code and any applicable State regulations. The application materials indicate a thorough review of resources within the site has been conducted, and no Goal 5 resources have been identified. For these reasons, staff finds the proposed Comprehensive Plan Amendment and Zone Change will not have an adverse impact on Goal 5 policies." Section 2.5, Water Resources Policies Goal 6, Coordinate land use and water policies. Policy 2.5.24 Ensure water impacts are reviewed and, if necessary, addressed for significant land uses or developments. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The Applicant has not proposed a specific development application at this time. Below, the Applicant argues they are therefore not required to address water impacts associated with development. Instead, water impacts would be reviewed during development of the subject property, under any necessary land use applications. 'The applicant finds that the goals and policies of Section 2.5 are not applicable to review of the proposed amendments because the proposed amendments will not have the effect of impacting 15 or potentially impacting water resources. The subject property does not have any water rights associated with it and is not adjacent to or bisected by either a river or stream. The proposed amendments themselves would have the effect of amending the Bend urban growth boundary to include the subject property and changing its plan designation and zoning. No development is proposed at this time that would affect either surface or subsurface water resources. The application materials include the Stevens Road Tract Concept Plan (See Exhibit H) and the Technical Appendices (See Exhibit 1). These documents, including Appendix L document how domestic water will be provided to the Stevens Road Tract by the Avion Water Company.' The Stevens Road Concept Plan also includes the following analysis of water provision to the subject property, which staff finds relevant in addressing this policy. 'The City contacted Avion regarding water infrastructure needed to serve the proposed future development that may result from this Concept Plan and Avion identified the key infrastructure improvements needed to provide water to the Tract. These improvements include: a 1.5-million- gallon day tank and a booster plant for the tank. Detailed locations of water lines by size will be determined in the future along with local road locations and final land use designations.' If this criterion does require an analysis of the water impacts that will be generated by future urban development of the subject property, staff finds the application materials demonstrate these water impacts have been reviewed. However, staff requests the Hearings Officer amend or add to these findings as the Hearings Officer sees fit." The Hearings Officer incorporates the Overview Findings as additional findings for this section. The Hearings Officer finds that the Applicant has submitted substantial evidence to demonstrate that relevant water impacts have been reviewed and addressed. Section 2.6, Wildlife FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "There are no Goal 5-listed wildlife species present on the subject property, based on the Goal 5 inventory nor threatened or endangered species. There is no identified wildlife habitat on the subject property." Section 2.7 Open Spaces, Scenic Views and Sites Goal 1, Coordinate with property owners to ensure protection of significant open spaces and scenic view and sites. Policy 2.7.1 Goal 5 open spaces, scenic views and sites inventories, ESEEs and programs are retained and not repealed. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The applicant provided the following response to this policy. 'The applicant finds that the proposal is consistent with this plan policy because it does not propose to either remove or repeal any scenic views, site inventories, ESEE analyses, or programs for protection of open spaces and scenic view under Statewide Planning Goal 5. The proposed amendments include two amendments to the Deschutes County Comprehensive Plan map to include the subject property within the Bend Urban Growth Boundary and change its plan designation from Rural Residential Exception Area to Urban Growth Boundary. The proposed amendments also include amendments to the County's Zoning Map to change to the zoning for the subject property from MUA10 to UA, Urbanizable Area. No amendments to the text of the County's Goal 5 inventories are proposed. The applicant has evaluated whether any Goal 5 resources would be affected by the development of the Stevens Road Tract through the work on Stevens Road Tract Concept Plan (See Exhibit H). The application materials provided with the application also include the technical appendices to the Concept Plan (See Exhibit I), which includes Appendix E - Historic, Cultural, and Natural Resources Technical Memorandum. This memorandum provides the results of the project staffs research, using the County's adopted Goal 5 inventories, to determine what resources would potentially be impacted by development of the Stevens Road Tract. The memorandum documents the review of the existing inventories and found that there are no Goal 5 open space, scenic view, or site inventories that would be impacted by development of the Tract.' Staff concurs with the Applicants response and finds this criterion has been met." Policy 2.7.2 Cooperate with stakeholders to establish a comprehensive system of connected open spaces. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The applicant provided the following response to this policy: 'The proposed amendment will be consistent with this policy because the amendment to the UGB has been preceded by the adoption of a Concept Plan for the Stevens Road Tract (See Exhibit H) that includes a proposed green -loop trail system, and this system's development can be coordinated with the development of other trails in the area. The application materials include the approved Concept Plan for the Stevens Road Tract. This document shows that incorporation of a trail system (aka green -loop) was incorporated in the transportation planning for the Tract. In addition, the materials submitted with the proposed amendments include the Technical Appendices (See Exhibit I), which includes a Planning Context technical memorandum (Appendix C) that draws on and incorporates the most recent work on trail development by the Bend Park and Recreation District from their 2018 Comprehensive Plan.' 17 Staff finds the applicant's response, above, demonstrates coordination has already begun to ensure trails and parks within the subject property are part of a connected network." Policy 2.7.3 Support efforts to identify and protect significant open spaces and visually important areas including those that provide a visual separation between communities such as the open spaces of Bend and Redmond or lands that are visually prominent. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The application materials include diagrams and photographs of the subject property that inventory existing natural features and conditions on the site. This inventory maps features such as existing trails, mature trees, rock outcrops, and views of Three Sisters, Broken Top, and Mt. Bachelor. The application materials demonstrate an effort to identify significant open space and visually important areas by conducting a thorough analysis of the site's existing natural conditions. The policy language above specifically references open space of Bend, which staff finds applicable to the subject proposal. The high-level Concept Plan for the subject property indicates 29 acres of land will be protected for a community park, in addition to other land preserved for trails. The public ownership of the subject property, and the Master Plan process that will be required, presents a unique opportunity to designate land early in the planning process as future park land. Approval of the proposed Comprehensive Plan Amendment is one step towards formally preserving this open space through park creation, and therefore supports this policy." Policy 2.7.4 Encourage a variety of approaches that protect significant open spaces and scenic views and sites. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The Stevens Road Tract Concept Plan includes the following statement regarding the importance of preserving open space during the planning process: 'The natural beauty of the site - key trees, outcrops, views - should be retained so they can be enjoyed by all in the future. Parks and open space provide a great opportunity to retain these special features for all members of the community. Locating multifamily and affordable housing in prime locations with close proximity and access to parks and open space, ensures equitable access and opportunity for all to enjoy the natural features that make this area unique.' The application materials indicate a variety of approaches will be utilized to preserve open spaces and scenic views on the site. These approaches include strategically locating new zoning designations, IN coordinating with BPRD on the location and design of a community park, and building a connected trails system within the property." Policy 2.7.5 Encourage new development to be sensitive to scenic views and sites. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "No development or new uses are proposed on the subject property at this time, but a concept plan has been approved by the Bend City Council. While the approved concept plan is not on applicable approval criterion under Deschutes County Code, it provides context on the type of development planned for the subject property. As noted above, the eventual development of the subject property will occur after it has been annexed into the City of Bend, and future development will therefore be subject to the Bend Development Code." Section 2.8, Energy Policies Goal 1, Promote energy conservation. Goal 2, Promote affordable, efficient, reliable and environmentally sound energy systems for individual home and business consumers. Goal 3, Promote affordable, efficient, reliable and environmentally sound commercial energy facilities. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The Applicant proposes to rezone the subject property to UA and bring it within the Bend UGB. No specific development is proposed at this time, therefore review of specific energy systems is not applicable. However, the Applicant provided the following description of how the future development of the subject property will align with these goals: 'The proposed amendments are a necessary step to implementing the Stevens Road Tract Concept Plan (See Exhibit H). The Concept Plan included an Alternative 3 that was supported by the City Council because it included a multi -modal transportation system that proposes future infrastructure for making trips by walking, bicycling, and taking transit. This alternative's design also proposes location of land uses so that housing is within walkable distances of main streets (e.g., Wilderness Way), the commercial areas along Wilderness Way, and to the proposed Community Park. In addition, proposed medium and high -density housing has been located along Wilderness Way so that children have the option to walk to the school site within the Stevens Ranch Master Plan.' Staff concurs with this analysis and finds energy conservation has been considered throughout the application materials. Figures included on pages 71-72 of the Stevens Road Tract Concept Plan 19 indicate that of the three alternatives that were proposed, the one selected would lead to the greatest energy conservation. The selected land use concept had the lowest estimated energy consumption per household and the lowest estimated carbon emissions per household. To the extent these goals apply to the subject application, staff finds they have been met." Section 2.9 Environmental Quality Goal 1. Maintain and improve the quality of the air, water and land. Goal2. Promote sustainable building practices that minimize the impacts on the natural environment. Goal 3. Encourage and increase recycling FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The Stevens Road Tract Concept Plan includes the following statement on sustainable building practices. 'Energy efficiency in home and building design are very important. All of the housing and non- residential buildings in the development will be new and, therefore, more efficient than older homes.' The application materials demonstrate impacts on water, energy usage, and carbon emissions have been evaluated. The building materials and specific design will occur at a later date and will be reviewed by the City of Bend. The proposed zoning designation, UA, is intended to serve as a holding zone while the property remains undeveloped. The Applicant is not required to provide detailed information on future building practices and building materials as part of a Comprehensive Plan Amendment application. However, staff finds the applicant has demonstrated the future Bend Development Code amendments will promote sustainability and consider impacts to resources within the subject property. Finally, staff notes the subject property is located approximately 0.3 miles north of a Deschutes County -owned property with a garbage and recycling transfer station. The application materials do not list specific measures that will be taken to encourage and increase recycling within the Stevens Road Tract. However, the proximity to established recycling facilities will afford benefits to future developments within the subject property." Section 2.10, Surface Mining FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: 20 "The subject property is not designated as a surface mine on the Deschutes County Comprehensive Plan. The Applicant does not seek to modify or amend the County's Goal 5 Aggregate and Mineral inventory list or the Goal 5 program. Staff finds this criterion does not apply." Section 2.11 Cultural and Historic Resources FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: 'The application materials include a memorandum from Damian Syrnyk, City of Bend Senior Planner, regarding previous inventories of cultural resources that have been conducted on the subject property. The March 28, 202Z memorandum, titled Stevens Road Tract Concept Plan- Historic, Cultural, and Natural Resources, included the following statement. 'The County's Goal 5 inventory of Cultural and Historic Resources (See Section 5.9) has not identified any cultural or historic buildings/resources on the Tract. The closest historic buildings/cultural resources are the Agnes Mae Allen Sottong and HenryJ. Sottong House and Barn (See No. 35) located roughly two miles to the south on Tekampe Road. The DSL has completed prior archeological surveys for the Tract and the DSL property included in the Bend urban growth boundary (UGB) in 2016. Attached to this memorandum is a January 11, 2022 "Cultural Review of DSL's Stevens Road Tract" prepared by Gary Curtis of DSL. DSL has conducted six (6) cultural resource surveys of the original Section 11, with the most recent survey of the Tract completed in 1996. The report does not indicate that either historic or cultural resources were identified by this or previous surveys. The CTWS recommended completing a new archeological surveygiven the age of the last survey (1996) and because the last survey did not cover the entire Tract.' The memorandum also indicates two meetings were held with the Confederated Tribes of Warm Springs and one meeting was held with the State Historic Preservation Office to review these findings. The methodology and outcomes of this previous work indicate cultural and historic resources have been factored in throughout the concept planning of the subject property. The application materials also note that. 'HB 3318 requires future planning amendments to include: '(a)n inventory of significant historical artifacts, cultural sites and natural resources' (see Section 9(1)(a) of HB 3318).' Based on the extensive work that has been done to survey cultural and historic resources on the subject property, and the requirements of HB 3318, staff finds the proposal will comply with this Comprehensive Plan section." Chapter 3, Rural Growth Section 3.3, Rural Housing Policies Goal 1, Maintain the rural character and safety of housing in unincorporated Deschutes County 21 FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The Applicant provided the following response to this section in their burden of proof.• 'The applicant finds that this goal is not appliable to the proposed amendments. The proposed amendments would have the effect of including the Stevens Road Tract within the Bend urban growth boundary, changing its plan designation to Bend Urban Growth Boundary, and changing the zoning to UA, Urbanizable Area. Should the County conclude the goal is applicable, the applicant provides the following finding to show the proposal complies with this goal. The proposed amendments would have the effect of including the subject property, the Stevens Road Tract, within the Bend Urban Growth Boundary. This is a necessary step to development of the property for housing, as envisioned through 2021 HB 3318. The application materials include a copy of the Concept Plan for the Stevens Road Tract (See Exhibit H), which considered several land use and open space alternatives. Each alternative considered more land for RS, Urban Standard Residential, development toward the eastern boundary of the tract, which is adjacent to rural residential development that has occurred between the Tract and Larsen Road. The alternatives provide the opportunity for larger residential lots along this property boundary that can provide more of a transition between the urban development to the west within the Tract and the rural residential areas to the east. Based on this finding, the applicant finds that the proposal is also consistent with Goal 1.' Staff concurs with this analysis and finds no new rural housing is proposed." Policy 3.3.1, Except for parcels in the Westside Transect Zone, the minimum parcel size for new rural residential shall be 10 acres. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "No land division is proposed as part of the subject application. Staff therefore finds this criterion does not apply." Policy 3.3.2, Incorporate farm and forest housing reports into a wider system for tracking the cumulative effects of rural housing development. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The subject Comprehensive Plan Amendment and Zone Change does not review or approve any new uses or construction on the subject property. In addition, the proposed UA zoning is not a farm or forest zone, therefore new residential construction would not be subject to this reporting requirement. Staff therefore finds this criterion does not apply." 0 Policy 3.3.4, Encourage new subdivisions to incorporate alternative development patterns, such as cluster developments, that mitigate community and environmental impacts. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "No land divisions, including subdivisions, are proposed with the subject application. Future division of the subject property will occur after annexation and will be reviewed by the City of Bend. Staff finds future land divisions will meet the intent of this policy, because they will be guided by the Stevens Road Concept Plan and the site -specific amendments to the Bend Development Code, which are designed to mitigate community and environmental impacts." Policy 3.3.5, Maintain the rural character of the County while ensuring a diversity of housing opportunities, including initiating discussions to amend State Statute and/or Oregon Administrative Rule to permit accessory dwelling units in the Exclusive Farm Use, Forest and Rural Residential zones. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The applicant provided the following response to this criterion: 'The applicant finds that this policy is not applicable because the proposed amendments do not propose any changes to either the County's Comprehensive Plan or Zoning Ordinance that would have the effect of allowing accessory dwelling units in the Exclusive Farm Use, Forest or Rural Residential Zones. The proposed amendments would have the effect of amending the County's Comprehensive Plan map to include the Stevens Road Tract, change its plan designation to Bend Urban Growth Boundary, and change is zoning to Urbanizable Area on the County's Zoning Map. The proposed amendments do not include any concurrent amendments to the County's Zoning Ordinance that would permit accessory dwelling units in above -cited zones.' Staff concurs that the portion of this policy regarding accessory dwelling units does not apply. Future development of the subject property will provide a diversity of opportunities including both market - rate housing and deed -restricted affordable housing, which may be developed as a combination of single-family and multi family housing. Staff notes the development of housing on the subject property will be subject to a City of Bend review process and will not occur under the proposed UA zoning. No development is proposed during the time the subject property remains in the UA Zone, and no impacts to the rural character of the property are anticipated. Prior to development, the subject property will be annexed into the Bend city limits and the Comprehensive Plan protections on rural land will no longer apply to the property. Staff therefore finds the proposal complies with the applicable sections of this policy, namely those regarding rural character and provision of housing opportunities." Goal Z Support agencies and non -profits that provide affordable housing 23 Policy 3.3.6 Support Central Oregon Regional Housing Authority and other stakeholders to meet the housing needs of all Deschutes County residents. a. Assist as needed in coordinating and implementing housing assistance programs. b. Support efforts to provide affordable and workforce housing in urban growth boundaries and unincorporated communities. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The Applicant provided the following response in their Burden of Proof: 'The proposed amendments are consistent with this goal because the planning for the Stevens Road Tract includes identifying specific lands for deed -restricted affordable housing. Section 9(2) requires at least 20 net acres of land to be identified for deed -restricted affordable housing. This has been reflected in the Concept Plan for the Stevens Road Tract and is reflected in a recorded agreement between the City and DSL for the City to purchase these acres and develop them for affordable housing, as required by HB 3318. These provisions of the Concept Plan are required by HB 3318 to be in the City's planning amendments adopted after UGB expansion.' Staff finds the Applicant has demonstrated compliance with this policy. The proposed UGB expansion will be reviewed by the Department of Land Conservation and Development for conformance with the provisions of HB 3318, including the requirements to designate land within the subject property for affordable housing. The development and management of these affordable housing units will require multiagency coordination, and the application materials indicate this stakeholder coordination is underway. Staff finds the proposed Comprehensive Plan Amendment will support the eventual development of workforce housing within an urban growth boundary. This criterion will be met." Policy 3.3.7, Utilize block grants and other funding to assist in providing and maintaining low and moderate income housing. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The application materials include an Affordable Housing Memorandum, datedJanuary 25, 202Z and prepared by ECONorthwest consulting group. This memorandum provides an analysis of various funding sources that can be utilized in developing affordable housing, such as the Low Income Housing Tax Credit (L/HTC). The memorandum also provides a detailed analysis of the different housing types and ownership models that are likely to be developed within the subject property based on the preliminary zoning concept. 24 The memorandum also provided the following information on existing programs that can provide gap funding or otherwise assist in providing affordable housing. 'The City of Bend has some financial tools that can assist in incentivizing affordable housing and influencing financial feasibility. • Affordable Housing Fund. The City of Bend levies a Construction Excise Tax on the value of building permits that goes towards supporting the development of affordable housing. Currently, the fund is used to acquire land for deed -restricted affordable housing, develop the land, construct homes, or rehabilitate homes. • Community Development Block Grants (CDBGs). Each year the City of Bend allocates some of its CDBG funds to affordable housing projects being developed by nonprofit affordable housing providers. • City Surplus Property. Bend routinely sells or conveys some of its excess land holdings to affordable housing providers. Low -Income Rental Property Tax Exemptions. The City awards a 20 year renewable property tax exemption to qualifying affordable rental housing projects. System Development Charge Exemptions. All City system development charges (SDCs) are exempted for deed -restricted units at or below 80% of AMI. (Parks SDCs charged by Bend Parks and Recreation District are not exempted.)' The language of HB 3318 describes the acres of land that must be dedicated to housing for different income levels. The application materials indicate the Applicant has evaluated how to leverage a variety of funding sources to provide affordable housing in a way that complies with the House Bill." Section 3.4, Rural Economy Policies Goal 1, Maintain a stable and sustainable rural economy, compatible with rural lifestyles and a healthy environment. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The Applicant provided the following response to this criterion: 'The applicant finds that the proposed amendments will result in the subject property being included in the Bend urban growth boundary for development of urban housing, affordable housing, and some commercial and mixed employment uses. Once amended, the County's Comprehensive Plan will show the property within the Bend urban growth boundary and designated Bend Urban Growth Boundary, and the Zoning map will show the property zoned UA, Urbanizable Area. While the property will not be available for rural economic uses under the MUA10 Zone, the Concept Plan for the Stevens Road Tract does include land for commercial uses (five acres), and mixed employment uses (seven acres). The applicant finds the proposed amendments will be consistent with this policy because land will be provide for economic development, jobs, and services and available to urban and rural residents.' PA1. Staff concurs with this statement and notes the subject application will not limit commercial uses on surrounding rural lands. Surrounding rural lands are zoned MUA10 and EFU, which allow for limited commercial uses subject to land use review. Amending the Comprehensive Plan to include the subject property in the Bend UGB will not impact the zoning designation or allowed uses on neighboring properties outside of the Bend UGB." Section 3.6, Public Facilities and Services Goal 1, Support the orderly, efficient and cost-effective siting of rural public facilities and services. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "In a letter dated July 14, 2023, the Applicant provided the following response to this criterion: 'The purpose of this UGB amendment is to facilitate the development of the Stevens Road Tract under HB 3318, which would result in urban levels of housing, including affordable housing. The property is served by the Avion Water Company, and the applicant has completed some public facility planning to serve the tract. This level of public facility planning plans for urban streets, water, and sewer infrastructure.' Staff generally agrees with the above analysis and notes the subject application is not for the purpose of developing rural public facilities or services. As the Applicant notes, urban public facilities will be provided for the future development within the subject property. The application materials demonstrate this public facility planning is underway, with early coordination allowing for more orderly and efficient service provision. The water, sewer, and road improvements described in the application materials will not be constructed until the property is brought within the Bend city limits and subject to the Bend Development Code. These described infrastructure upgrades will serve future residents of the subject property, not the surrounding rural area. Staff therefore presents alternate findings that this criterion does not apply because the Applicant does not propose any changes to rural public facilities or services. No development is proposed on the subject property while it remains in the UA Zone, so no additional public services will be required to serve the property while it remains in rural zoning. Staff requests the Hearings Officer amend these findings as they see fit." The Hearings Officer concurs with the final paragraph comments quoted immediately above. The Hearings finds no development is proposed in this application therefore no additional public services will be required to serve the Subject Property. Section 3.7, Transportation FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: M. "Deschutes County's Senior Transportation Planner Tarik Rawlings submitted the following comments, dated June 21, 2023: 'The subject property will be brought into the City of Bend as a result of the proposal. There currently is no specific proposal to develop the land, but the City's transportation consultant had prepared an assessment dated (May 17, 2022) reviewing the potential trip generation of the property and planned improvements to affected City facilities. There were no adverse effects outlined in the assessment. Under the Joint Area Management Agreement between City of Bend and Deschutes County, jurisdictional transfer of roads are accomplished as part of annexation. The site is currently served by Stevens Road (County designated Rural Collector) to the north. Adequacy of current and future transportation facilities will be reviewed per the Bend development code as the land is proposed to develop. Finally, HB 3318 exempts the subject property from any Statewide Planning Goals, including Goal 12 (Transportation) as the subject property includes affordable housing and that the proposal is not a land use decision. Therefore, the Transportation Planning Rule (TPR) at OAR 660-012, does not apply nor does Deschutes County Code (DCC) 18.116.310. Staff finds this goal is met.' Staff finds these comments demonstrate compliance in regard to any transportation -related goals or policies that may apply. Staff presents additional findings regarding the Comprehensive Plan policies and Statewide Planning Goals that apply to the subject proposal, under the House Bill 3318 section later in this staff report. The Hearings Officer may choose to edit these findings as they see fit, and provide additional guidance on what criteria, if any, the subject application is exempted from by HB 3318. In the event the Hearings Officer finds the Transportation section of the Comprehensive Plan does apply to the subject application, staff presents the Transportation Planner comments above as evidence this criterion is met." The Hearings Officer finds that Applicant's transportation submissions/comments and Staffs additional comments contained in the transportation section of the Comprehensive Plan provides substantial and adequate evidence this goal has been met. Section 3.8, Rural Recreation Goal 1, Promote a variety of passive and active park and recreation opportunities through a regional system that includes federal and state parks and local park districts. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The Stevens Road Tract Concept Plan submitted with the application materials provides the following analysis of proposed park facilities: "Recreational opportunities and open space were identified as key components in the conceptual planning for the Stevens Road Tract. Working in close coordination with Bend Park and Recreation District (BPRD), the three Concept Plan Alternatives were created to ensure adequate parks, open 27 space, trails, and recreational opportunities for the existing community and future residents of this area. The adopted 2018 BPRD Comprehensive Plan calls for a target of 7.85 acres of neighborhood and community parks per 1,000 residents and a neighborhood or community park within a % mile walking distance from most homes. Additionally, trails - as both recreational amenities and longer -distance transportation routes - are identified as important recreational and functional parts of the parks system. The three Concept Plan Alternatives for the Stevens Road Tract provide different options aimed at meeting these targets. The park(s) would be developed to provide opportunities for a mix of active (e.g., ball fields and playgrounds) and passive recreational activities (e.g., trails and open space).' The application materials indicate Bend Park and Recreation District, a local park district, has been involved in the concept planning of the subject property. The Stevens Road Tract Concept Plan presented three alternatives, and the alternative that was ultimately selected was the one with the most amount of land dedicated to parks. This design includes a 29-acre community park, as well as trail connections that take advantage of the existing natural gas pipeline easement. The applicant proposes a looped trail system that goes around the perimeter of the subject property, which will provide benefits to neighboring properties both inside and outside of the Bend UGB. The applicant does not propose new federal or state parks within the subject property. However, staff finds the proposed park development within the subject property will bolster the regional parks network and provide additional recreation opportunities for residents both inside and outside of the Bend UGB." Policy 3.8.1, Cooperate with public agencies and local park districts to provide park and recreation lands, facilities, and opportunities. a. The Statewide Comprehensive Outdoor Recreation Plan and State Park Master Plans shall serve as a basis for coordination on County -wide park and recreation issues. b. Support exceptions to Statewide Planning Goals for urban fringe areas owned or acquired by and operated by park and recreation districts. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: 'As described above, the application materials indicate ongoing cooperation between City of Bend and Bend Park and Recreation District. The subject application for a Zone Change and Comprehensive Plan Amendment will not immediately lead to the development of new park facilities. However, it is a necessary step towards an eventual Master Plan and development of the subject property, which will provide new recreation opportunities. The Applicant does not request an exception to a Statewide Planning Goal. Staff therefore finds subsection (b), above, does not apply." Chapter 4, Urban Growth Management Section 4.2, Urbanization Policies Goal 1, Coordinate with cities, special districts and stakeholders to support urban growth boundaries and urban reserve areas that provide an orderly and efficient transition between urban and rural lands. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The Applicant provided the following response in their submitted Burden of Proof: 'The proposal is consistent with this goal because the City has coordinated with Deschutes County, the Bend Park and Recreation District, and other stakeholders to support the concept planning for the Stevens Road Tract and the amendment of the Bend UGB to include it. The Concept Plan (See Exhibit H) documents the City's coordination with the Park District, Cascades East Transit, and Avion Water Company to plan for an orderly and efficient transition between urban and rural lands for the Stevens Road Tract. These provisions of the Concept Plan are required by HB 3318 to be in the City's planning amendments adopted after UGB expansion.' Staff concurs with the Applicant's analysis and finds they have demonstrated coordination between Deschutes County, the City of Bend, and special districts. The outreach process for the Stevens Road Concept Plan included three community meetings with stakeholders, which were held in 2021 and 2022. The application materials also list the following special districts and public agencies that were consulted during this process: 'Collaboration with Bend Park and Recreation District, Bend -La Pine School District, Cascades East Transit, Deschutes County, DSL, Oregon Department of Land Conservation and Development, and Oregon Department of Transportation.' The larger planning process to develop the subject property pursuant to HB 3318 has involved coordination with a range of agencies and stakeholders. While the development of the Stevens Road Tract Concept Plan was led by the City of Bend, staff finds the coordination during that process is relevant in addressing this criterion." Policy 4.2.1, Participate in the processes initiated by cities in Deschutes County to create and/or amend their urban growth boundaries. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The subject application was initiated by a city in Deschutes County as part of a larger process to amend its urban growth boundary. The subject Comprehensive Plan Amendment will bring the 29 property within the Bend UGB, which will allow the City of Bend to initiate amendments to its Development Code and eventually rezone the property for urban uses. As noted above, the subject property is owned by the State of Oregon, and the jurisdictional and ownership transfer of the property therefore requires the coordination of multiple land use processes. The applicant has coordinated with various agencies, including Deschutes County, to align these interrelated planning efforts. Staff finds this UGB amendment and subsequent development of the subject property through a master planning process are only possible with County participation and coordination, including review of the subject application. Therefore, the County's role in this application will function to increase participation in city -led UGB amendments." Policy 4.2.2, Promote and coordinate the use of urban reserve areas. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The subject property is not designated as Urban Reserves. Staff therefore finds this policy does not apply Goal 2, Coordinate with cities, special districts and stakeholders on urban growth area zoning for lands inside urban growth boundaries but outside city boundaries. Goal 3, Coordinate with cities, special districts and stakeholders on policies and zoning for lands outside urban growth boundaries but inside urban reserve areas FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The proposed zoning designation, UA, will serve as a holding zone while the subject property is inside the Bend UGB but outside city boundaries. The application materials document ongoing coordination between the City of Bend, Deschutes County, State of Oregon and service providers regarding how the property will be managed during the time period it remains outside city boundaries but within the Bend UGB." Goal4, To build a strong and thriving regional economy by coordinating public investments, policies and regulations to support regional and state economic development objectives in Central Oregon. FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements: "The subject property presents a unique opportunity to leverage public investments because the property is owned by the State of Oregon and its sale will generate revenue for the Common School till Fund. Increasing workforce housing is a regional and state economic development objective, and development of the subject property will be leveraged to provide housing forschool district employees. In addition to providing workforce housing, the subject property will be zoned to include five acres of commercial land and seven acres of mixed employment land. The public ownership of the subject property, and the provisions of HB 3318, provide a unique opportunity to maximize public benefit by master planning the subject property. The master planning process for the subject property will result in a walkable community with services and employment located near a range of housing types. High- level zoning diagrams indicate commercial areas will be concentrated near the proposed community park in a "main street"style design where the commercial area functions as a community center. The Concept Plan also indicates seven acres of mixed employment land will be provided in the southwest corner of the subject property, and this area is adjacent to other industrial uses and will allow for a mix of commercial and light industrial uses. Providing employment land within the subject property will support regional economic development by bolstering the local economy. Commercial uses will not be established on the subject property until it is annexed into the City of Bend and rezoned. The eventual commercial development will be subject to the Bend Development Code and will be within the city limits of Bend, and will be close to unincorporated lands and provide economic benefit to the surrounding rural area." HOUSE BILL 3318 FINDING: The Hearings Officer incorporates as additional findings for this section the Overview Findings, The Hearings Officer finds that the Staff comments below are supported by substantial evidence and, as supplemented by the Overview Findings, are legally correct. Staff findings are set forth below in italics. "The proposed expansion of the Bend UGB to include the subject property is in response to the passage of HB 3318. This House Bill is specific to the Stevens Road Tract and outlines a unique process the City of Bend may utilize when adding this property to its UGB. The Applicant has proposed findings, below, to demonstrate compliance with applicable sections of HB 3318. SECTION 3. Stevens Road planning generally. (1) Actions taken under sections 2 to 9 of this 2021 Act: (a) Are not land use decisions, as defined in ORS 197.015. FINDING: The purpose of this finding is to show that the Statewide Planning Goals are not applicable to this proposal because of the above -cited language in Section 3 of HB 3318. Section 9 of HB 3318 provides that standards in the bill apply to the Stevens Road Tract in lieu of statewide planning goals. Section 3(1)(a) of HB 3318 states that actions taken under sections 2 through 9 of this 2021 Act are not land use decisions, as defined in ORS 197,015. Under this statute, ORS 197.015(10) defines a land use decision as one that includes under (I0)(a)(A) a final decision or determination made by a local government or special district that concerns the adoption, amendment, or application of the goals. The goals in this context refer to the Statewide Planning Goals. 31 SECTION 6. Stevens Road urban growth boundary expansion. (1) Notwithstanding ORS 197.286 to 197.314, 197.626 or 197A.320 or any statewide land use planning goal related to housing or urbanization, the Department of Land Conservation and Developmentshall approve an expansion of the urban growth boundary submitted by the city and approved by the city by ordinance, if the department determines that. FINDING: The following findings address compliance with Section 6 of HB 3318 (See Exhibit F). To address Section 6 of HB 3318, these findings refer to sections of HB 3318 where the bill itself refers to a section of this 2021 Act. Regarding Section 6(1), the applicant finds that this section directs actions of the Oregon Department of Land Conservation and Development regarding the Stevens Road Tract. This section directs the Department to approve an expansion of the UGB that has been approved by and subsequently submitted by the City of Bend based on the criteria below under Section 6(1)(a) through (1)(c). (a) The department has received the letters required by section 4 of this 2021 Act; FINDING: The proposal satisfies criterion (1)(a) because the City has submitted, and the Department of Land Conservation and Development has received the letters required by Section 4 of HB 3318. Section 4 of HB 3318 required the following letters to be submitted to the Department with the Stevens Road Tract Concept Plan: Section 4(1) requires a letter from the City of Bend expressing the city's nonbinding intent to consider a concept plan under Section 5 of HB 3318, and, Section 4(2) requires a letter from the Department of State Lands (DSL or Department) that gives its consent to the City to pursue an urban growth boundary expansion and planning amendments under Sections 6 through 9 of HB 3318. This same letter from DSL must also establish an agreement with the City that is binding on the successors of the owners, is contingent up on the final approval of the planning amendments, and establishes the essential terms, including price per acre, but not requiring specific lands to be designated, for the Department's conveyances to the city of real property consistent with Section 9 (2) and (3) of HB 3318. The City provided both letters to the Department of Land Conservation and Development (DLCD) by electronic mail on June 23, 2022. This email and the attached letters are enclosed as ExhibitJ. DLCD acknowledged receipt of the letter and materials through an electronic mail message dated August 29, 2022. Through this same message, DLCD submitted a copy of their letter approving the concept plan dated August 29, 2022 (See Exhibit K). (b) The department has approved the city's conceptual plan under section 5 of this 2021 Act, and FINDING: The proposed UGB expansion satisfies criterion (1)(b) because the department (DLCD) has approved the city's conceptual plan under Section 5 of HB 3318. As stated above under the ON forgoing finding address criterion (1)(o), the Department (DLCD) submitted an August 29, 202Z letter to the City through an email of the same approving the Concept Plan. This electronic mail message and August 29, 202Z letter are enclosed as Exhibit K. (c) The proposed urban growth boundary expansion adds all of the Stevens Road tract and no other lands to the area within the city's urban growth boundary. FINDING: The proposed UGB expansion satisfies criterion (1)(c) above because the City has proposed to expand the UGB to include only the Stevens Road Tract, and all the land within the tract. The proposal described above in this proposed set of findings states that the only land included in this proposed expansion of the Bend UGB is the Stevens Road Tract and all the land within the tract would be included in the UGB. This property is described as Tax Lot 100 on Deschutes County Tax Assessor's Map 18-12-11 and is also described as Property 1 in a decision dated September 19, 2019, approving a property line adjustment under file no. PZ-10-0550, being 261 acres (See Exhibit B). (2) The city shall include the lands brought within the city's urban growth boundary under this section in the city's inventory of buildable lands under ORS 197.296 (3)(o). FINDING: The proposal will satisfy criterion (2) because the City has proposed to include the lands brought within the UGB in the City's inventory of buildable lands under ORS 197.296(3)(a). The proposal includes a copy of a proposed amendment to Appendix J, the 2016 Buildable Lands Inventory, of the Bend Comprehensive Plan (See Exhibit M). This proposed amendment is attached as Exhibit I and proposes to add the 198 acres of buildable land within the Stevens Road Tract to the BLI. These acres would not be designated for either housing or employment until such as the City adopts planning amendments for guiding master planning of the Stevens Road Tract that include the required elements from Section 9 of HB 3318 and mirror the proposed plan designations as shown in Alternative 3 of the Concept Plan. The language of HB 3318 appears to refer to the planning amendments the City of Bend must undertake in order to receive approval for bringing the subject property within the Bend UGB. Section (2)(4) of HB 3318 includes the following definition: "'Stevens Road planning amendments" means amendments to the city's comprehensive plans, land use regulations orzoning maps that affect the development of the Stevens Road tract'[emphasis added]. The language of the House Bill does not specify the process, if any, that the County must undertake for the corresponding amendment to the County Comprehensive Plan. Absent that guidance, the subject request has been processed as a request for a Comprehensive Plan Amendment and Zone Change pursuant to Deschutes County Code. It is not apparent to staff whether the House Bill exempts the subject application from demonstrating compliance with Statewide Planning Goals, Deschutes County Comprehensive Plan policies, or other provisions of Deschutes County Code. 33 Staff requests the Hearings Officer make specific findings regarding whether the provisions of HB 3318 are applicable approval criteria for the subject amendment to Deschutes County's Comprehensive Plan, as well as the proposed Zone Change of the subject property." OREGON ADMINISTRATIVE RULES CHAPTER 660, LAND CONSERVATION AND DEVELOPMENT DEPARTMENT DIVISION 15, STATEWIDE PLANNING GOALS AND GUIDELINES OAR 660-015, Division 15, Statewide Planning Goals and Guidelines FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report statements (in italics): "The applicant asserts the Statewide Planning Goals are not applicable to the subject application because it is being processed pursuant to HB 3318. The Burden of Proof includes the following analysis in support of this claim. 'The purpose of this finding is to show that the Statewide Planning Goals are not applicable to this proposal because of the above -cited language in Section 3 of HB 3318. Section 9 of HB 3318 provides that standards in the bill apply to the Stevens Road Tract in lieu of statewide planning goals. Section 3(1)(6) of HB 3318 states that actions taken under sections 2 through 9 of this 2021 Act are not land use decisions, as defined in ORS 197.015.' Staff also cites Section (6)(1) of HB 3318, below, which references Statewide Planning Goals in regard to the Stevens Road tract UGB expansion. SECTION 6. Stevens Road urban growth boundary expansion. (1) Notwithstanding ORS 197,286 to 197.314, 197.626 or 197A.320 or any statewide land use planning goal related to housing or urbanization [emphasis added], the Department of Land Conservation and Development shall approve an expansion of the urban growth boundary submitted by the city and approved by the city by ordinance, if the department determines that: (a) The department has received the letters required by section 4 of this 2021 Act; (b) The department has approved the city's conceptual plan under section 5 of this 2021 Act; and (c) The proposed urban growth boundary expansion adds all of the Stevens Road tract and no other lands to the area within the city's urban growth boundary. The proposed Comprehensive Plan Amendment and Zone Change are for the purpose of bringing the property into the Bend UGB and are subject to applicable provisions of Deschutes County Code as well as state law. The language of HB 3318 does not provide clear direction on whether an amendment to the County's Comprehensive Plan is subject to Statewide Planning Goals, and if so, which goals are applicable. Staff requests the Hearings Officer make specific findings on this topic. In the event the Hearings Officer finds the Statewide Planning Goals apply, staff has provided alternate findings below demonstrating compliance." 34 Goal 1, Citizen Involvement. To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. FINDING: A land use action sign was posted on the subject property on June 12, 2023, and a Notice of Application was mailed to nearby property owners on June 8, 2023. A public hearing will be held before a Hearings Officer and a second public hearing will be held before the Board of County Commissioners. Notice of all public hearings will be mailed to impacted individuals and a notice will also be printed in the Bend Bulletin newspaper. The published and mailed notices will all comply with the requirements of DCC 22.12.020. Goal2, Land Use Planning. To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions. FINDING: This proposal satisfies this goal because the applications were handled pursuant to the procedures applicable to plan amendments in the County's Comprehensive Plan and zoning ordinance. Goal 3, Agricultural Lands. To preserve and maintain agricultural lands. FINDING: The subject property is not designated as agricultural lands on the Deschutes County Comprehensive Plan. Staff notes the subject property previously received approval for a Comprehensive Plan Amendment from Agriculture to Rural Residential Exception Area, on the basis the subject property does not meet the definition of agricultural land. Goal 4, Forest Lands. To conserve forest lands by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. FINDING: The subject property does not contain any forest lands and therefore this goal is not applicable. Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces. To protect natural resources and conserve scenic and historic areas and open spaces. FINDING: The subject property does not contain any inventoried Goal 5 resources. An assessment of natural resources, scenic and historic areas, and open space was conducted as part of the conceptual planning process done by the City of Bend. Appendix E to the Stevens Road Tract Concept Plan is a memo dated March 28, 2022, titled Historic, Cultural, and Natural Resources. This memo includes a review of different types of Goal 5 resources and notes the subject property does not contain any area within the Surface Mining Impact Area, Wildlife Area Combining Zone, or Landscape Management Combining Zone. 35 Goal 6, Air, Water, and Land Resources Quality. To maintain and improve the quality of the air, water, and land resources of the state. FINDING: The proposal is consistent with Goal 6 based on the analysis provided in the Stevens Road Tract Concept Plan and other supplemental application materials. These materials demonstrate future development of the subject property will be designed to minimize carbon emissions and will reduce single -occupancy vehicles trips by planning for transit and bicycle connections. No development is proposed at this time and future uses will be established under urban zoning designations. In a letter datedJuly 14, 2023, the Applicant provides the following statement on impacts to water resources. 'No development is proposed at this time that would affect either surface or subsurface water resources.' Staff concurs and notes the subject application only reviews the impacts of rezoning the subject property to UA and changing the Comprehensive Plan designation to Bend UGB. Future annexation will be subject to a separate land use application and impacts to natural resources will be evaluated again at that time. Staff finds the Stevens Road Tract Concept Plan is not the subject of this review but provides relevant context on how the planned uses of the subject property will comply with Goal 6. Goal 7, Areas Subject to Natural Disasters and Hazards. To protect people and property from natural hazards. FINDING: The applicant provided the following statement regarding wildfire and flood risk on the subject property. 'The proposed amendments are consistent with this goal because the Concept Plan guiding future development of the Stevens Road Tract has accounted for the natural hazard of wildfire. The proposed amendments would change the County's Comprehensive Plan map to include the subject property within the Bend urban growth boundary, change the Plan designation to Bend Urban Growth Boundary, and change the zoning on the County's Zoning map to UA, Urbonizable Area. The purpose behind these amendments is to facilitate the development of the subject property according to the Stevens Road Tract Concept Plan (See Exhibit H). The materials submitted with the plan amendment and zone change applications include the Technical Appendices to the Concept Plan (See Exhibit I), which also include a technical memorandum addressing wildfire risk and identifying several strategies for mitigation (See Appendix F). The subject property does not abut or is impacted by a flood plain.' Staff finds wildfire risk is the primary natural disaster concern on the subject property. The adopted concept plan indicates transportation access to other areas of the City of Bend will improve as a road network is developed within the subject property. Staff notes the new roads and improved access will provide benefits if a natural disaster were to occur and the subject property 36 either needed to be evacuated or needed to be accessed by emergency service providers. Future annexation of the subject property will also allow it to be served by urban service providers. Goal 8, Recreational Needs. To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. FINDING: The Stevens Road Tract Concept Plan presented three high-level alternatives for future development of the subject property. The concept plan that was ultimately approved by Bend City Council includes a 29-acre centrally located community park, seven acres of trail corridors, and three acres of open space. This concept plan factors in trail and bicycle connections to existing and proposed trail networks. The Stevens Road Tract Concept Plan also provides an evaluation of existing natural features, such as rock outcroppings and trails along the utility easements, and how these features can be preserved and incorporated into developed parks and recreation opportunities. Goal 9, Economy of the State. To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. FINDING: The intended use of the subject property is future annexation by the City of Bend and a master planning process for development. The adopted Stevens Road Tract Concept Plan proposes a mix of commercial and residential uses, and HB 3318 requires land to be zoned for commercial uses in accordance with the City's most recent economic opportunity analysis. As described below, the Stevens Road Tract master plan will provide mousing affordable for those earning 80 percent or less of the area median income, with prioritygiven to employees of an education provider. Staff finds the provision for workforce housing will benefit the local economy. Goal 10, Housing. To provide for the housing needs of citizens of the state. FINDING: Section (9)(2) of HB 3318 stipulates that at least 20 net acres of land within the Stevens Road Tract must be conveyed to the City of Bend and remain as income -restricted housing for a period of no less than 50 years. Of this land area that is set aside for income -restricted housing, at least 12 net acres must be available to households earning 60 percent or less of the area median income. In addition, six net acres must be made available to households earning 80 percent or less of the area median income, with prioritygiven to employees of education providers. Finally, at least two net acres must be restricted so that at least 80 percent of the units in each contiguous development tract are affordable to households earning 80 percent or less of the area median income, which includes at least one acre where preference is given to employees of an education provider. HB 3318 provides additional guidance on the development of market -rate housing, to ensure adequate opportunities for the development of all needed housing types. Housing in the Stevens Road Tract must exceed a minimum density of nine units pergross residential acre, and the ratio of single- 37 family to multifamily housing must exceed what is required in the city's most recently adopted housing needs analysis. Staff notes no housing development is proposed under the UA zoning designation, and future development will be reviewed according to the City of Bend's Development Code and Comprehensive Plan. However, staff finds the subject Comprehensive Plan Amendment and Zone Change will promote the creation of new housing units by completing a necessary step towards eventual development of the subject property. Goal 11, Public Facilities and Services. To plan and develop a timely, orderly, and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. FINDING: The application materials indicate the subject property is currently served by Avion Water Company, and planning has begun regarding domestic water service for the future build -out of the property. The appendixes to the Steven Road Tract Concept Plan also include technical memorandums regarding water infrastructure, sewer infrastructure, and transportation improvements. Staff finds interagency planning is underway to ensure a smooth transition of services when the subject property is brought into the Bend city limits and developed. Beginning this coordination at the concept planning phase allows for timely input from service providers, which increases the likelihood of orderly and efficient public facilities. Goal 12, Transportation. To provide and encourage a safe, convenient and economic transportation program. FINDING: The Stevens Road Tract Concept Plan indicates 20 percent of the unconstrained land area is planned for future public right of way, which amounts to approximately 50 acres of land. The application materials also provide an analysis of the intersection and roadway improvements that would be required to build out the subject property, and information on how those improvements relate to the goals of the City of Bend's Transportation System Plan. Staff finds the applicant has demonstrated that different modes of transportation will be planned for, and that direct road and transit connections will be provided between the subject property and other neighborhoods within Bend. Although these transportation improvements will not be built out until the property is annexed into the City of Bend, there is significant evidence that transportation planning is underway and is being accounted for. For these reasons, staff finds the proposed Zone Change and Comprehensive Plan Amendments are a step towards developing a safe, convenient, and economic transportation network within the subject property. Goal 13, Energy Conservation. To conserve energy. FINDING: The application materials indicate the subject property will be developed with high -density housing, walkable commercial centers, and will be served by transit. Three alternatives were presented in the Stevens Road Concept Plan, and the option that was selected had the "least impact per household for water usage, energy usage, and carbon emissions" (Stevens Road Tract Concept Plan page 70). Goal 14, Urbanization. To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. FINDING: The subject property will be annexed into the City of Bend and developed through a master planning process that accounts for parks, walkable neighborhoods, transit access, commercial uses, and a variety of housing types. Staff finds this master planning process will encourage the development of the subject property as a livable community that accommodates urban housing and urban employment. As described above, the planning process for the subject property has been a coordinated effort with involvement from the City of Bend, Deschutes County, and the State of Oregon. The unique factors of the subject property, particularly that it is under public ownership and was approved for a UGB expansion through HB 3318, will allow an orderly and efficient transition from the current rural use of the land to its future urban uses. Goal 15, Willamette Greenway. FINDING: This criterion does not apply because the subject property is not located in the Willamette Greenway. Goals 16 through 19. FINDING: These goals do not apply to land in Central Oregon. Staff finds that if the Statewide Planning Goals do apply, compliance with them has been effectively demonstrated. Staff requests the Hearings Officer make specific findings regarding whether the Statewide Planning Goals apply to the subject application." V. CONCLUSION The Hearings Officer finds that the Applicant has met the burden of proof necessary to justify changing the Comprehensive Plan Designation of the Subject Property from Rural Residential Exception Area to Bend Urban Growth Area, to change the zoning of the Subject Property from Multiple Use Agricultural (MUA10) to Urbanizable Area (UA), and to expand the Urban Growth Boundary through effectively demonstrating compliance with the applicable criteria of DCC Title 18 (Deschutes County Zoning Ordinance), DCC Title 19A (Bend Urbanizable Area District), the Deschutes County Comprehensive Plan, and applicable sections of OAR and ORS. VI. DECISION AND RECOMMENDATION Approval of: Change of the Subject Property Plan Designation from Rural Residential Exception Area to Bend Urban Growth Area; and to Change of the Subject Property Zoning from Multiple Use Agriculture (MUA 10) to Urbanizable Area 39 (UA). Deschutes County Hearings Officer Gregory J. Frank Date: October 23, 2023 m