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2024-110-Minutes for Meeting April 01,2024 Recorded 4/24/20240 �'�vi E S coG�� BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes Countv O.�I2®24_� 1® Steve Dennison, County Clerk Commissioners' Journal 04/24/2024 12:56:05 PM BOCC MEETING MINUTES 1:00 PM MONDAY April 1, 2024 Allen Room Live Streamed Video Present were Commissioners Patti Adair, Tony DeBone 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 webpage www.deschutes.org/meeting_s. CALL TO ORDER: Chair Adair called the meeting to order at 1:00 p.m. CITIZEN INPUT: None AGENDA ITEMS: 1. Pacific Power Future Transmission Line Project John Aniello, Pacific Power and Light Project Manager, shared that Pacific Power is in the early planning stage of a 500kV transmission line project which may affect properties in Deschutes County. The proposal is for approximately 180 miles of new high -voltage transmission line connecting existing and proposed substations in a five -county area (Deschutes, Crook, Klamath, Lake, and Harney). The proposed transmission line would most likely cross federal lands, state land, and privately owned lands. Pacific Power has embarked on a routing study to identify a preferred route for the transmission line as well as alternative routes. As part of this study, community outreach will be conducted to share information BOCC MEETING APRIL 1, 2024 PAGE 1 OF 6 and invite input from affected property owners and the general public. The routing study is expected to be completed in early 2025, followed by the permitting process which will include an Environmental Impact Statement. Aniello provided an overview of the need for a new transmission line, detailing current peak load demands and estimated future demands. He described the structures that will be built as well as various factors which will be considered when deciding on the transmission route —these include topography and availability of land for right-of-way. Efforts will be made to site the route in areas of compatible land use (e.g., industrial and commercial), areas previously disturbed, and in federally designated corridors. Cindy Smith, Senior Project Manager with POWER Engineers, shared the planned public outreach and engagement, saying that multiple community working groups made up of 10 to 20 people will be formed this summer to help determine the preferred routing of the line. In response to a question, Aniello spoke to the high costs and significant environmental impacts of undergrounding transmission lines. Smith explained that undergrounding lines requires extensive excavation because the lines must be contained within vaults located at a certain depth and of a size that allows workers to stand at full height. 2. Work Session in preparation for Public Hearing: Draft 2020-2040 Deschutes County Comprehensive Plan Nicole Mardell, Senior Long Range Planner, said the public hearing before the Board on the draft 2020-2040 Comprehensive Plan is scheduled for April 10th. Mardell described the extensive community outreach undertaken in developing this update as well as the Planning Commission's in-depth review, which included three public hearings. In response to Commissioner Adair, Mardell said the acronym SHPO refers to the State Historic Preservation Office. Responding to Commissioner DeBone, Mardell said "rural reserves" are defined in Oregon's Administrative Rules. County Administrator Nick Lelack summarized that "urban reserves" indicate areas where future growth will occur; "rural reserves" identify where future growth will not occur. Commissioner DeBone suggested including this information in a footnote to the Plan. Commissioner Chang noted inaccuracies in some of the descriptions contained in the draft Plan and said accurate background information is necessary to achieve BOCC MEETING APRIL 1, 2024 PAGE 2 OF 6 good policy. For example, the Plan says that the majority of irrigation water comes from reservoirs, when in fact the majority of irrigation water rights come from live flow rather than from stored water. Another example is the statement that piping irrigation canals contributes to groundwater level declines —while true, the declines experienced as a result of this activity represent a small amount of the total groundwater declines: 5/8 of the reason for groundwater decline is climatic, 2/8 is due to withdrawal by various entities, and just 1 /8 is attributable to canal piping. With Mardell's guidance, the Board was in consensus to offer two additional public hearings on the draft update at alternate locations, as follows: in Sunriver on Tuesday, April 23rd, and in Sisters on Tuesday, April 301n 3. Preparation for a Public Hearing on a proposed Commercial Activity in Conjunction with Farm Use (Winery) in the Multiple Use Agricultural Zone Nathaniel Miller, Associate Planner, reviewed that on April 101n, the Board will hold a public hearing regarding the appeal of a conditional use permit which was approved by the Hearings Officer for commercial activity in conjunction with farm use (winery) at 20520 Bowery Lane. Miller confirmed the Board's approval of the following time limits during the public hearing: 30 minutes for the applicant, 30 minutes for the appellant, 3 minutes for others, and 10 minutes for applicant rebuttal. Commissioner DeBone noted one of the questions raised by the appellant is whether wineries can be located outside of the Exclusive Farm Use (EFU) Zone. He further wanted to understand the area's conditions with respect to irrigation, water use and water rights. Commissioner Chang asked whether the proposed winery would be directly accessible from Hunnell Road. Miller distributed the site plan associated with the decision of the Hearings Officer for clarity when reviewing the record. 4. Work Session -Improvement Agreement for Phase C-2 and Remaining Improvements in Phase C-1 of the Caldera Springs Destination Resort Haleigh King, Associate Planner, said that Phase C of the Caldera Springs expansion includes two subdivisions: the first is a 16-lot subdivision for overnight lodging units (OLUs), and the second is a 72-lot residential subdivision. Saying that the developer elected to plat Phase C in sub -phases, she said Phase C-1 BOCC MEETING APRIL 1, 2024 PAGE 3 OF 6 included 37 single-family residential lots and 16 OLUs on eight lots, and the developer is now moving forward with Phase C-2, which includes 35 single-family residential lots and 14 OLUs on seven lots. The developer requests an improvement agreement related to the infrastructure costs associated with the roads and utilities for the OLU division of Phase C-2. The developer further proposes incorporating required improvements associated with the Phase C-1 OLU subdivision into the new improvement agreement for Phase C-2. King said this request will be presented to the Board for action at its meeting this Wednesday. 5. Community Development Department FY 2025 Budget Direction and Options for Fee Increases Peter Gutowsky, Community Development Director, introduced three options for CDD's FY 2025 Budget proposal for the Board's consideration and sought direction as to the Board's preferred option. Gutowsky said while CDD's budget is not immediately vulnerable, the department's reserve funds may not cover revenue deficiencies over the next five years. He advised discussing the possibility that reserve funds could significantly diminish and potentially require fee increases and/or contributions from the general fund in order to maintain current service levels. Gutwosky explained that CDD is experiencing permitting volume decreases of 1 % to 30%, with the result that revenue for the current fiscal year is projected to be $2.3 million less than anticipated. The department has laid off staff and reduced its front counter hours and now proposes the removal of eight unfilled positions from its budget. Referring to a projected FY 2025 funding gap of $1.4 million, he said this amount represents another seven or eight positions, the loss of which could impact long range planning (three FTEs to one), current planning (seven FTEs to four), Code enforcement (four FTEs to two), and possibly front counter operations (five permit techs to four). Gutwosky allowed that if implemented, these staff reductions would impact service levels and delay the processing of certain applications. He reminded that the department has eliminated 14 FTE since January 2023; following the removal of the eight unfilled positions, 50 FTE will remain. Responding to Commissioner DeBone, Gutwosky confirmed that he has made the Central Oregon Builders Association aware of this situation. BOCC MEETING APRIL 1, 2024 PAGE 4 OF 6 In response to Commissioner Adair, Sherri Pinner, Senior Management Analyst, said CDD had 72 FTE in January of 2023; its staffing level was as low as 28 in 2008/2009. Gutowsky added that in addition to those 28 FTE, the department also contracted with former employees to handle some duties at that time. Pinner provided a FY 2024 financial summary and reviewed the fee increases which were implemented for various permits and applications. She shared a graph which compared permit volumes from FY 2015 to FY 2024 and described possible strategies to balance the department's budget in FY 2025 utilizing additional fee increases and reserve transfers to avoid further staff reductions. Gutowsky said the goal is to maintain 12 to 18 months of reserves. He emphasized that CDD is currently seeing development applications at a 2016 level, and projections have not been met over the last two years. The Board was in consensus to support Option 2 as a starting point for the department's FY 2025 budget, with the change of raising the electrical and land use application fee increases from 16% each to 18%. OTHER ITEMS: • Deputy County Administrator Erik Kropp noted that the Board's meeting tomorrow evening with the Redmond City Council will begin at 5:30 pm, not 6:00. • Kropp asked that the item on the Board's agenda this coming Wednesday regarding the Greater Redmond Enterprise Zone be taken up immediately following the proclamation. • Commissioner DeBone announced that he will speak at the SLED luncheon this Wednesday. • Commissioner DeBone requested a follow-up on the Board's declaration of an emergency regarding the distribution and consumption of fentanyl— specifically with respect to what is being done to address these activities in terms of resources, public notifications and other efforts. Commissioner Adair suggested this include a discussion of HB 4002 as well as information on the dangers of marijuana use in teenagers and young adults. Commissioner DeBone reported on a FEMA region 10 emergency communications working group meeting next week involving the State interoperability executive council (the latter of which he serves on as a representative of AOC). Saying he will attend this meeting, he asked that the County reimburse him for the necessary travel expenses. BOCC MEETING APRIL 1, 2024 PAGE 5 OF 6 Commissioner Chang shared that on Thursday, he was in Salem for the wildfire hazard map rulemaking advisory committee meeting. Commissioner Adair attended last Friday's re -dedication of the remodeled Vietnam War Memorial at Deschutes Memorial Gardens. EXECUTIVE SESSION: At 3:03 pm, the Board recessed into Executive Session under ORS 192.660 (2) (i) Employee Evaluation. At 3:40 pm, the Board exited Executive Session, invited the audience back into the room, reactivated the livestream, and stated that staff is to proceed as discussed. ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 3:40 pm. DATED this day of 2024 for the Deschutes County Board of Commissioners. ATTEST: RECORDING SECRETARY PATTI ADAIR, CHAIR ir, ro ffff-11, E-�� PHIL CHANG, C0S44ISSIONER BOCC MEETING APRIL 1, 2024 PAGE 6 OF 6 (Y\0T E s eo G Q� BOARD OF 1i COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 1:00 PM, MONDAY, APRIL 01, 2024 Allen Room - Deschutes Services Building - 1300 NW Wall Street - Bend (541) 388-6570 1 www.deschutes or4 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 Iv/3mminzy. To attend the meeting virtually 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: htto://bit I)1/3h3oadD. • 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 *9 to indicate you would like to speak and *6 to unmute yourself when you are called on. • When it is your turn to provide testimony, you will be promoted from an attendee to a panelist. You may experience a brief pause as your meeting status changes. Once you have joined as a panelist, you will be able to turn on your camera, if you would like to. 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.fritsvoldC)deschutes ors. 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 CITIZEN INPUT: Citizen Input may be provided as comment on any topic that is not on the agenda. Note: In addition to the option of providing in -person comments at the meeting, citizen input comments may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734. AGENDA ITEMS 1. 1:00 PM Pacific Power Future Transmission Line Project 2. 1:20 PM Work Session in preparation for Public Hearing: Draft 2020-2040 Deschutes County Comprehensive Plan 3. 1:40 PM Preparation for a Public Hearing on a proposed Commercial Activity in Conjunction with Farm Use (Winery) in the Multiple Use Agricultural Zone 4. 2:00 PM Work Session - Improvement Agreement for Phase C-2 and Remaining Improvements in Phase C-1 of the Caldera Springs Destination Resort 5. 2:10 PM Community Development Department FY 2025 Budget Direction and Options for Fee Increases 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. 6. Executive Session under ORS 192.660 (2) (i) Employee Evaluation ADJOURN April 01, 2024 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 2 ES CO 6, 2< BOARD OF COMMISSIONERS MEETING DATE: April 1, 2024 SUBJECT: Pacific Power Future Transmission Line Project RECOMMENDED MOTION: Information only. BACKGROUND AND POLICY IMPLICATIONS: Pacific Power is in the early planning stage of a transmission line project which may affect properties in Deschutes County. The proposal is for approximately 180 miles of new high - voltage transmission line connecting existing and proposed substations in a five -county area (Deschutes, Crook, Klamath, Lake, and Harney). The proposed transmission line would most likely cross federal lands (Bureau of Land Management and Forest Service), state land, and privately owned lands. Pacific Power has embarked on a routing study to identify a preferred route for the transmission line as well as alternative routes. As part of this study, community outreach will be conducted to share information and invite input from affected property owners and the general public. The routing study is expected to be completed in early 2025, followed by the permitting process which will include an Environmental Impact Statement and Record of Decision under the National Environmental Policy Act (NEPA) for right-of-way across federal lands, among other required permits. The Oregon Energy Facility Siting Council (EFSC) is the permitting authority. Other required federal, state and local permits are not required by EFSC. BUDGET IMPACTS: None ATTENDANCE: John Aniello, Project Manager, Pacific Power Cindy Smith, Senior Project Manager, POWER Engineers w W 0 a u U. 4T N O N t U L co 2 W 0 A u u M O N c - O a.+ O � .� E 0 .i cn O � X N �- 2 O 4-' 4W ®� — Cn fu L J a� a L O_ fa 4--) cn ;'.J N-_0 0 N cn C: C W (o � i -O � f0 V) f� m 0- fu O fa a V O a- >, ca U� u .� 0 U E V 7 4—J a) N w a) E I—� cn 0 I— o fp Q co w co Q m E 0 0 an V) 2 O 0 O 0 C: L •0 cn N u -&-' :3 L > cn 0-0 a-+ ry N C 0 -0 oO O c .� Ofo_ O N a-' u .can .� •� u S E c •� O u L- fu O cucn •� N N u 5 .a) to L � •C: •�--� � O N •� IU •0 =3 O O _ .E O N •I-J 4— O L N .0 u L � to �L L fu 70 -V) fu •1L-� � m a"' 0 Z X O N O Q ;+-j Q LZ O � �-+ V 76 Q o Q) L- z � •Q a ■O fo Cn •u V c ,00 0O 0 � •i �- O � O � a W O A, u U. 3: M o o 0 CD O L M 00 J L ■w LL V O O N Nrn N .� ■W N ETO � O W E N .0 a)N '- "O No -0 O -O O 4- O f� :+_' N - ca N Q _0 O M L m O O fo u V z L� 0 LO O o co O N O O V Cca C E N U O C� Q U 0) N C f6 L) N _0 O 0O J d S N � d - m _ T am C = O >, od -O - d>OOQ 6 ( O LL O N Y N N LD > f6 Cn 0O N Lc'01 SO Q m _ p U t6 f0 m (a z cn O •L cn 0 U) IN 0 W O IL V M O 41 O J a F "-7 N 0 M i O L � 4-J o N o a-+ V E U c) 42 O �-I O L (U ,• C) 4 N iQ o ■ � Ln _, C 4w � v �' _ C �`= _ L. m cm 0 .® w ui 3: 0 A u LL 1-:1 _0 _0 u fo 0 V) C: A at ro ru ro 0) ru CD- _0 ro u E 0 u cn E C: :E E 0in 0 _0 u o_0 m 0 o L E C: 0 C: :3 70 -0 4-J 1406- 4- (3) u C: 0 u > -J 4—J U) .0 C: Ln C: ra 0 4--J E Ln 421 —W ru ro 4-J u -0 0 -0 (3) fu 4-J C 0- o a 4-J m C: m E 0 (n< 0-0 to V) w 4-0 0 m-o A) 0 'E ro > fo r 0 L- ra =3 0 0 E roa) u > Q) ro < rc5 O CL (n D L- CL m CL ra > 0 < ME Ro G� w 3: Ji 0 n- fu _0 -Fo u fo C: M E 4-J 0 OW c flo o- M- > 4-J ro co z fu 4-J cz u :3 0 L- L- 4-J 4-J ru 0 > V) 0 u u 0 0 u 4-J fo LA 4-J fu < ru U C: fu V) 0 -j (10 m u 0 'Ecn CD- u 4-J 4-J -0 _0 C: _0 c (3) ro C: ro V) u 6-0 fu _0 u J -0 6 (1) 0 (3) u fu fu ro 0 4-1 V) Da. 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BACKGROUND AND POLICY IMPLICATIONS: The Board of Commissioners (Board) will hold a work session in preparation for an April 10 public hearing to consider the Draft Deschutes County 2040 Comprehensive Plan. The full record is located on the project hearing page: hops //www desehutes.org/cd/page/247-23- 000644 pa deschutes-county-2040-comprehensive-plan-update-hearinLy-oa2e. BUDGET IMPACTS: None ATTENDANCE: Nicole Mardell, AICP, Senior Long Range Planner Will Groves, Planning Manager Matt Hastie, MIG MEMORANDUM TO: Deschutes County Board of County Commissioners FROM: Nicole Mardell, AICP, Senior Planner DATE: March 27, 2024 RE: Work session in preparation for public hearing: Draft 2020-2040 Deschutes County Comprehensive Plan The Board of County Commissioners will conduct a work session in preparation for an initial public hearing on April 10, 2024, to consider legislative amendments to repeal and replace the 2030 Comprehensive Plan with the Deschutes County 2040 Comprehensive Plan (file no. 247-23-000644- TA). I. BACKGROUND The Comprehensive Plan is Deschutes County's policy document for guiding growth, development, and resource protection within the county over a 20-year planning period. The plan's purpose is to provide a policy framework for zoning and land use regulations, demonstrate consistency with all applicable statewide goals, rules, and laws, and serve as a cohesive vision for future planning activities. Comprehensive Plan �Np • HOUSING RECREATION GETTING J10 0 AROUND (D ECONOMY/ JOBS NATURAL HAZARDS COMMUNITY ENGAGEMENT G FARM LAND 0 HISTORIC/ CULTURAL RESOURCES 0 FOREST LAND 1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 A- (541) 388-6575 @cdd@deschutes.org @ www.deschutes.org/cd The project was initiated in April 2022 and progressed through four phases: • Phase 1 - Project Initiation: Hiring of consultant (MIG, Inc), review of background documents, creation of Community Engagement Plan, project website, and branding materials. • Phase 2 -Initial round of community engagement -visioning, review of existing policies with Planning Commission, review of policy best practices in drafting new text. • Phase 3 -Second round of community engagement -policy approaches, finalizations of goal and policies with Planning Commission, update of maps. • Phase 4 - Compilation of final Comprehensive Plan document and findings package. The project has now entered Phase 5, which focuses on the adoption of the updated document. Extensive information from the previous phases, including open house summaries, outreach materials, and iterative versions of policies can be found on the project website process page: www.deschutes.org/2040. The full record including public and agency comments is included on the project hearings page: https•//www.deschutes.or / cd/page/247-23-000644-pa-deschutes-county-2040-comprehensive- plan-update-hearing-page. II. PLANNING COMMISSION ROLE AND REVIEW The Deschutes County Planning Commission played an integral role overseeing the Deschutes County 2040 process. Commissioners met eleven times (prior to any public hearings) to review the community engagement plan, participate in engagement activities, craft new and revised goal and policy language, and review initial iterations of the Comprehensive Plan document. Staff initiated the Post Acknowledgement Plan Amendment process on August 30, 2023. From that date forward, the role of the Planning Commission shifted to that of a formal review body for the initial hearings process. The Planning Commission held public hearings on October 26, 2023', November 9, 20232, and December 14, 20233. At the conclusion of the December 14, 2023, meeting, commissioners closed the oral record and left the written record open until December 28, 2023. The Commission deliberated on January 11, 20244, January 25, 20245, February 8, 20246, and February 22, 2024'. The Planning Commission ultimately voted to recommend approval of the plan as revised in accordance 1 https://www.deschutes.org/bc-pc/page/planning-commission-42 2 https•//www.deschutes.org/bc-pc/page/planning-commission-40 3 https•//www.deschutes.org/bc-pc/page/planning-commission-43 4 https•//www.deschutes.org/bc-pc/page/planning-commission-44 5 https://www.deschutes.org/bc-pc/page/planning-commission-45 6 https://www.deschutes.org/bc-pc/page/planning-commission-46 https://www.,deschutes.org/bc-pc/page/planning-commission-47 Page 2 of 5 with the edits in Attachment A. These edits have been incorporated into the updated draft in Attachment B. Additionally, the Planning Commission wanted to emphasize the following points: • The Planning Commission promoted a balance of regulations and incentives in addressing growth and development, although wanted to emphasize their preference to explore incentives where possible as the first approach. • Policy 3.3.6 explores the creation of a new nonresource zoning classification that balances preservation of the high desert environment while allowing for rural housing opportunities. The Planning Commission emphasized the importance of holding an extensive engagement process while exploring creation of a potential new zone. • Policy 8.1.2 promotes collaboration on trail projects between agencies and property owners, especially for projects adjacent to farm or forestry operations. The Planning Commission wanted to emphasize the group voted 3-2 on the final language, with two Commissioners preferring an additional policy to explore limitations to trails adjacent to farm and forestry operations to protect statutory "Right to Farm" allowances. • Policy 5.1.3, now removed, sought to add consideration of potential impacts of water quality and quantity in surrounding areas as part of the siting, planning, and approval processes for destination resorts. Commissioners voted 3-2 to remove this policy, citing lack of regulatory authority and recognition of the extensive existing code requirements regulating this use. To aid in the Commission's review, staff also provided draft findings (Attachment C) and a policy tracker spreadsheet (Attachment D) to this memo which describes the iterative changes to the policies from the 2010 version to the current March 15, 2024, draft. III. PUBLIC TESTIMONY Approximately 132 public comments were received as of the date of this memo. Major topics of community interest included: • Potential development of a footbridge across the Deschutes River near the Brookswood neighborhood of Deschutes River Woods. • Water availability monitoring, planning, and management. • Voluntary or required measures to conserve water. • Protection of private property rights and use of incentives to address issues related to growth and development. • Rezoning of farmland and allowed uses on farmland. • Dark skies protections. • Wildlife protection. • County role in housing production, including affordable housing opportunities. • Destination resort siting and development. Page 3 of 5 The Planning Commission placed certain items that may be precluded by current state law, or those that may be more fitting for an action or work plan into a "parking lot". Staff will utilize this information in drafting an action plan or exploring further if state regulations change. Parking Lot Potentially Precluded by State Law • Tie rezoning to groundwater availability and quality. • Require consideration of water availability during Urban Growth Boundary Expansion processes. • Require appellants to cover costs for appeal process. • Limit standing in appeals to adjacent landowners. • Require water budgets and monitoring for public lands. • Re-evaluate use of water rights and prioritize active agricultural operations. • Regulate development through water availability and quality. • Require approval of water permits prior to processing applications. • Limit development that could impact natural springs. • Limit housing where water quality and quantity will be negatively impacted. • Moratoria on development. • Explore Unincorporated community status for Three Rivers. Action Items • include stronger language on noxious weed removal on county lands and in new developments. • Create a County strategic plan. • Advocate for legislation/policy at state level to enable transitional housing outside UGBs. • Construct infrastructure to manage/limit water waste. • Revise County code to state only minimum provisions required by state law for farm uses. • Encourage clear and objective criteria where possible to reduce appeals. • Adopt clear and objective criteria for Goal 5 polices that limit or prohibit allowed uses. • Host community conversations to discuss benefits and challenges of destination resorts. IV. AGENCY EDITS The Deschutes Historical Society and U.S. Fish and Wildlife Service provided suggested edits to reflect best practices and updated terminology related to historic resources and wildlife resources, respectively. Staff integrated these edits directly into the document. Central Oregon Irrigation District (COID) provided an extensive list of terminology and technical edits. Commissioners were generally comfortable adopting the majority of these edits, although three suggestions from COIDs recommendations were discussed by the Planning Commission, as Page 4 of 5 they expressed a particular perspective on issues related to groundwater recharge and hydroelectric facilities. The Planning Commission provided general direction to staff to draft revised language incorporating COIDs edits while also recognizing divergent community perspectives. These edits are noted in Attachment A and the revised document. V. NEXT STEPS The Board will hold an initial public hearing on April 10, 2024. Commissioners expressed interest in holding two additional hearings in other locations in Deschutes County. Staff has identified options for those two hearings and seeks direction from the Board on a preferred hearing time: Sunriver Homeowners Association Recreation Center (SHARQ Tuesday 4/23, options for hearing start time - 2:30 pm, 3 pm, 4 pm Sisters City Hall Hearing Tuesday 4/30, options for hearing start time - 2 pm, 3 pm, 4 pm Following feedback from the Board, staff will finalize the details for these subsequent hearings. Attachments: A. Planning Commission Recommended Edits B. Deschutes 2040 Draft Comprehensive Plan - 3.15.2024 updated version C. Deschutes 2040 Draft Findings D. Policy Tracker 2030 vs. 2040 language Page 5 of 5 Attachment A �t +J4ee- -tsignifies deletions. Underline signifies additions. Chapter 2 - Land Use Regional Coordination • Amend policy 2.1.1 as follows: Balance the consideration of private property rights and the economic impacts of land use decisions on property owners with incentives to preserve agricultural and forest land wildlife habitat ground and surface water resources, wetlands, riparian areas, open areas and other community goals identified in the Comprehensive Plan. Amend policy 2.2.6 as follows: Collaborate with federal agencies on land management issues, including homelessness, wildlife habitat restoration, water quality, road networks, energy projects the impacts of recreation and the expansion of sustainable recreation opportunities evnancinn and energy nrniortc Chapter 3 - Farm and Forest Lands ® Amend policy 3.2.4 as follows: o Work cooperatively with irrigation districts, public agencies and representatives and landowners to promote and support agricultural uses and operations, including through use of rural reserves, conservations easements, transfer of development rights programs, land acquisitions, and other preservation strategies consistent with existing Federal and State Law Amend policy 3.2.6 as follows: o Continue to review and revise county code as needed to be and consistent with state code, rules, and regulations to permit alternative and supplemental farm activities that are compatible with farming, such as agritourism nr cernmerc; al rene,n,4hie energy nrniertc or other small scale sustainable activities. Amend narrative on page 3-3 Water Supply and Irrigation as follows: o Much of Deschutes County is served by six irrigation districts (Map 3-1) - these are special entities created for the purpose of delivering water to their patrons. These districts are effectively non_nrnfit water i icer nccnriatinnc quasi - municipal corporations chartered under Oregon law that operate as political subdivisions of the State of Oregon. In addition to irrigation, these districts also supply other services including municipal, industrial, and pond maintenance. The tot -al vl-ate.r -av-ail-ah-le for irrigation and- o-ther h, -man Oesschuteq County is fixed - -nder thp- n irrpnt water regime. NO Addition Therefore, thp—rp- is "Mited opportunity to expand irrigated farming in the Coy int) Evicting farms %nyith senior \nyater rights in general have relatively gene re is irrigation rights which have rarely been fully utilized, and are expected to h-avesufficient water to cope with iRcreasiRg temperatures drought conditions in theme, ai we. In most cases these districts are holders of senior water rights with shares then distributed to their patrons. As is the case with all water rights, the irrigation districts' water rights are managed by the Oregon Water Resources Department and subject to "beneficial use" requirements to prevent the waste of the water resource. The total water available for irrigation and other human uses in Deschutes County is fixed under the current water regime, and there is little opportunity to expand irrigated farming in the County. Irrigation districts with more junior water rights junior water right holders associated �Adth such as Arnold Irrigation District and North Unit Irrigation District (operating north of Deschutes Count have recently seen challenges with water delivery due to limited availability and drought. Amend narrative on page 3-3 Changes in Climate Conditions as follows: o Because the total volume of water available for agricultural and human use is fixed, strategies to decrease water usage (capping or piping irrigation channels, irrigation timing strategies, water conservation) will become more crucial. Deschutes County is committed to working with irrigation districts and holders of water rights to increase water conservation efforts throughout the County in a manner consistent with existing legal frameworks established by State and Federal law. Remove sentences on page 3-3 Conflicts with Other Uses o Agricultural uses continue to he affected by conflicts With adjacent or .-■ .. ••. . •. •• ■• •. • . ■. Chapter 5 - Natural Resources • Amend water resources narrative on page 5-3 as follows: o The high desert climate of Central Oregon poses many challenges with water supply and allocation. �4.1_ate.r 1-aiNS are seen as antiquated by many and + • A 2021 report by the Oregon Department of Water Resources found that groundwater levels through Deschutes County are declining, by as much as 50 feet of total decline in the central part of the basin. This decline is considered "excessively declined" per state statute and is attributed toward a shift in overall drier conditions since the late 1990s, a warming trend in the basin, and decreased snowpack. nngeiRg development and piping of canals (which limits artificial recharge while canal Water) also evarerhate this isci ie To address these issues, irrigation districts and other entities are engaged in ongoing efforts to pipe canals and modernize irrigation systems to increase their efficiency. Due to water transmission losses in irrigation canals from seepage into groundwater and evaporation, piped canals typically require only half the amount of water to be diverted from the river or stream to deliver the same volume of water to the end user compared to open canals. Community members have expressed concern that piping canals contribute to aquifer declines. Deschutes County has lrn itedjurisdiEt40n A- f I.A.fat-P-r u.se, 0nctead nlayincr la s a coordination role along with the Oregon Department of Water Resources, irrigation districts, water users, and owners of private wells to address these water resource Issues. Addition of narrative to Chapter 5, Natural Resources, Wildlife section providing a brief description of the 2021-2023 Mule Deer Inventory Process. o Page 5-4 revise second paragraph to the following: O rC-0�i��c Wildlife protection iqro� m raim . fnlleyis. A snapshot of Deschutes County's wildlife protection program is included below. Extensive information is included in Appendix A - the County's Goal 5 inventory. o Page 5-4, between first and second paragraphs, add new paragraph as follows; o From 2021-2023, Deschutes Countv explored an update to the countv's mule deer inventory, which included extensive community participation including through the public record. Ultimately, the decision was made not to update. Amend Sensitive Birds - Page 5-4 as follows: o remove "northern" from "northern bald eagle". o End of paragraph - add sentence: USFW works closely with ODFW on eagle - related issues and enforces federal Ruidelines to ensure protection of bald and golden eagles. • Statewide Planning Goals -Page 5-5, add additional sentence at end of last paragraph: o Accordingly, it is imperative that local land use policies align with Federal and State laws governing the community's water resources. 9 Regulatory Agencies - Page 5-5 add to end of paragraph o Numerous sections of the Deschutes River in Deschutes County hold a special status as a federal wild and scenic river, as well as a state scenic waterway. These areas carry additional regulations through the 1996 Upper Deschutes Wild and Scenic River and State Scenic Waterway Comprehensive Plan, requiring additional agency coordination with the Oregon Parks and Recreation Department and the US Forest Service on development impacting these sections. • Reservoirs - Page 5-8, revise to the following: o The majority of the irrigation in Deschutes County comes from reservoirs o/hich -+re mostly snrinav fort from the Cascades. These reservoirs are primarily � � spring fed from the Cascades. Reservoirs serve the dual purpose of supplying water for irrigation and ensuring sufficient streamflow in the lower Deschutes River. The water levels in these lakes; have keen Inn, in recent years rli ie to w �, recent aoc cv drought iR the-�iGR. When v.iater is limited, the supply rate is determined by the age of water J:ightS, I.A.flth thp more seniorwater permits having priority over F^ t-he (n- upA ,-while the n11ort-1 . In.it Irrigation District is the most junior. Regional droughts in recent ears have resulted in lower water levels in these reservoirs. Key Community Considerations - Page 5-9, amend last paragraph as follows: o The topic of habitat conservation and water availability came up frequently, with most recnnndentc participants saying that further protections are needed. However, there was also some push back related to the h, irpion tl recognition of the burden these protections may put on property owners. Deschutes County does not have the authority or expertise to reevaluate water rights as part of its land use planning efforts leading the County to instead work with the Oregon Department of Water Resources irrigation districts, and holders of water rights to increase the efficiency of water distribution throughout the community. • Amend Goal 5.1 as follows: o Deve:ap—Support regional, comprehensive water management solutions policies that balance the diverse needs of water users and recognize Oregon water law. • Amend policy 5.1.1.a as follows: o Work cooperatively with appropriate federal, state, tribal and local agency resource managers, such as The Confederated Tribes of the Warm Springs Reservation of Oregon, the Oregon Water Resources Department (OWRD), irrigation districts, and other stakeholders and nonprofit water organizations, such as the Deschutes Basin Water Collaborative, the County Soil and Water Conservation District; ■ _ • • •I I- . _ . • • • _ _ • _ • • u • Amend policy 5.11.5. as follows: o Develop and implement a Climate Action Plan to address the potential future impacts of climate change on Deschutes County through incentives and or regulations. • Add new policy to Chapter 5, Natural Resources, Water section o Encourage state agencies to identify local areas of concern for water availability and explore additional regulations or requirements to ensure water capacity is not negatively impacted by development. • Add new policy and narrative to Chapter 5, Natural Resources, Water section o Revisit recommendations of 1996 Upper Deschutes Wild and Scenic River and State Scenic Waterway Comprehensive Plan, or its successor, and consider implementation of voluntary recommendations into the county code. Chapter 6 - Historic and Cultural Resources • Add paragraph to Opportunities, Challenges, Considerations - Page 6-12 o Deschutes Countv owns the National Register listed Reid School and invests in supporting the Deschutes County Historical Society as a research and educational facility through a zero -cost lease and maintenance support for the purposes of running the museum and research center. Add to end second paragraph - Page 6-12 o Deschutes Countv has several partners involved in drafting and implementing this strategic plan - those partners include the Deschutes County Historical Society, High Desert Museum, Archaeological Society of Central Oregon, Three Sisters Historical Society, and Redmond Historical Society. Amend context paragraph - Page 6-12 as follows: o These sites receive special protections to avoid land use or development activity that may disturb the historical and cultural resources existing on site. 0 Amend Locally significant sites - Page 6-12 as follows: o Deschutes County has 35 locally significant sites including cemeteries, ranches, dams, bridges, schools, and granges among numerous historic homesteads and homesites. The State of Oregon has initiated a process to identify culturally significant archaeological sites and sites of indigenous importance. This process will likely be incorporated into the County's local inventory in the next five years. • Nationally registered sites - Page 6-13 remove second paragraph. One of the primary siteS, Af historic- and culltul.r_al learning the county is nationally acclaimed High Desert Mi--q-ta-Urn. The Pniusseum dedicated to broadening the 6-IndeIrSAaAd6ng of the High Desert's wildlife, culture, art, and natural resources. in doing so, it strives to promote thoughtful decision making to- su-st-ain the region's natural @Ad ri -It, wal heritage Amend Policy 6.1.3. as follows: o Coordinate with The Confederated Tribes of the Warm Springs Reservation of Oregon Burns -Paiute Tribe, Klamath Tribes, Archaeological Society of Central Oregon, and SHPO to adopt a program to identify and protect archaeological and cultural resources, as appropriate, and prevent conflicting uses from disrupting the value of known sites. Chapter 7 - Natural Hazards • Revise wildfire summary in on page 7-3 to the following: o Wildfire. Historically, wildland fires have shaped the forests and wildlands valued by residents and visitors. These landscapes, however, are now significantly altered due to increased rural development, warmer and dried conditions, and a general lack of large-scale treatments due to outdated forest management practices, resulting in increased event of wildfires that burn more intensely than in the past. Chapter 8 - Recreation • Amend policy 8.1.2 as follows: o Collaborate with partners to develop a regional system of trails and open spaces, prioritizing balancing recommendations from local park districts, County, state, and federal recreation plans and studies and property owner considerations, particularly for projects adjacent to farm and forest lands. Chapter 9 - Economic Development ® Page 9-5 Resource Land - replace paragraph with the following: o Resource L Construction and Development While much of the County's economic activity occurs in urban areas, County in protecting and enhancing the ectapernic development potential of the area. agricultural, forestry, and construction industries also provide economic growth in Deschutes County. Construction of rural housing can support additional workforce in areas outside of city limits while also utilizing local trade industries. Construction of rural industrial or commercial projects provide economic opportunities that serve rural communities, without a trip into an adjacent city. Chapter 11 - Unincorporated Communities and Destination Resorts • Amend policy 11.7.2. to following: 0 Create and addWonal limitations en the siting and development 0 dentin-at+oris—resorts that gobeyond ciurrent state regulations to Ensure protection of water quality, recreational resources, and other County resources and values. • Add paragraph to page 11-3 under destination resort section o Destination resorts are a key economic development strategy for Deschutes County. Many community members and visitors enjoy the recreational amenities and accommodations that Destination Resorts provide. • Amend third paragraph, key community considerations, page 11-3 to the following: o Destination Resort development continues to be a contentious issue. Community members have expressed concern regarding the water use of large-scale development - specifically the effects to groundwater for neighboring property owners. Man„ community members have expressed dwsirte rt#er it destination resorts, elf courses, a��+v+s+ter2u1-S-1 round reside-Ats Other community members express support for the economic and amenity benefits of destination resorts, noting that the current requirements sufficiently address natural resource concerns. Additional community conversations will be valuable to understand the diversity of perspectives on this topic. Chapter 12 - Irrigation Districts Amend narrative under Irrigation Districts section - Pages 12-4-5 • "Irrigation districts in Oregon are organized as Special Districts under ORS Chapter 545. Six irrigation districts operate in Deschutes County: Arnold, Central Oregon, North Unit, Swalley, Tumalo, and Three Sisters Irrigation Districts. They are uasi- municipal public corporations under Oregon Law, with prescribed rules for purpose, boards, elections, staffing, charges, etc. The districts are operate as political subdivisions of the State of Oregon created for the purpose of delivering water to their patrons. As such they are effectively nnn_nrnfit ,n,ater I leer accnr�o itinn� In addition to irrigation uses, these districts also supply a number of other services, including municipal, industrial, and pond maintenance, warranting coordination with municipalities." Chapter 14 - Energy Add new policy: • Include evaluation of adverse impacts to natural resources as part of renewable energy siting processes. • Remove text below Hydroelectric energy generation page 14-4 rp pr(7 ctc to h-arnecc the energy moving water. Theseprojects"' have ccrw-rrar'rrcvvzr r c c i � c � v i migration,I.A.dIdlife habitat And as well as conrtri v*sual, and r nnice imn�r-tc o Revise remaining text in section to following: Currently, Deschutes County has three approved "in conduit' hydroelectric facilities that are owned and operated by irrigation districts within existing irrigation district canals. Approval of these facilities have previously been contentious, with community members expressing concern about wildlife and impacts to other basin users. Irrigation districts have expressed interest i n reducing barriers to permitting these types of developments to promote ren&AI-Able energy development cr y rcr�cwa-r�r�ci icr�—acvciv�v�, �cnt usin�manma e wat€rwa�s. note challenges in utilizing the existing county code for these projects, which were drafted to address "in channel" hydroelectric facilities. To promote renewable energy development using man-made waterways, irrigation districts have expressed interest in helping the County update the Deschutes County Code to more aDDropriately address "in conduit' hvdroelectric facilities separate and apart from "in -channel" hydroelectric facilities" Attachment B Deschutes County Comprehens*lve Plan • 2040 Acknowledgements BOARD OF COUNTY COMMISSIONERS Patti Adair, Chair Anthony DeBone, Vice Chair Phil Chang DESCHUTES COUNTY PLANNING COMMISSION Jessica Kieras, Chair Nathan Hovekamp, Vice Chair Matt Cyrus Susan Altman Kelsey Kelley Patrick Trowbridge Toni Williams Dale Crawford (through June, 2023) Maggie Kirby (through June 2023) STAFF Peter Gutowsky, AICP, Community Development Director William Groves, Planning Manager Nicole Mardell, AICP, Senior Planner CONSULTANT TEAM MIG Parametrix Letz Consulting Kittelson and Associates Adopted Acknowledgements ............................... i-2 8. Introduction.....................................i-4 1. Community Engagement.....................................1-1 Opportunities, Challenges, and Considerations ........... 1-2 9. Context...............................................................................1-2 Key Community Issues.................................................1-6 Goalsand Policies.............................................................1-6 2. Land Use and Regional Coordination ............................2-1 Context...............................................................................2-3 Key Community Considerations.....................................2-7 Goalsand Policies.............................................................2-9 3. 4. 5. 6. 7 Farm and Forest Resources ....................3-1 Opportunities, Challenges, and Considerations ........... 3-2 Context...............................................................................3-3 Key Community Considerations....................................3-6 Goalsand Policies.............................................................3-7 Mineral and Aggregate Resources..............4-1 Opportunities, Challenges, and Considerations ........... 4-2 Context...............................................................................4-2 Key Community Considerations....................................4-4 Goalsand Policies.............................................................4-4 Natural Resources ............................5-1 Opportunities, Challenges, and Considerations ........... 5-2 Context...............................................................................5-3 Key Community Considerations....................................5-9 Goalsand Policies.......................................................... 5-10 Historic and Cultural Resources ...............6-11 Opportunities, Challenges, and Considerations........ 6-12 Context............................................................................ 6-13 Key Community Considerations ................................. 6-13 Goalsand Policies.......................................................... 6-14 Natural Hazards..............................7-1 Opportunities, Challenges, and Considerations ........... 7-2 Context...............................................................................7-3 Key Community Considerations.....................................7-6 Goalsand Policies.............................................................7-7 Recreation...................................8-1 Opportunities, Challenges, and Considerations ........... 8-2 Context...............................................................................8-4 Key Community Considerations....................................8-5 Goalsand Policies.............................................................8-6 Economic Development .......................9-1 Context...............................................................................9-2 Opportunities, Challenges, and Considerations ........... 9-2 Key Community Considerations....................................9-5 Economic Development Goals and Policies .................9-6 10. Housing....................................10-1 Context............................................................................ 10-2 Opportunities, Challenges, and Considerations........ 10-2 Key Community Considerations ................................. 10-4 Goals and Policies.......................................................... 10-6 11. Unincorporated Communities and Destination Resorts.........................................11-1 Context............................................................................ 11-2 Opportunities, Challenges, and Considerations........ 11-2 Key Community Considerations ................................. 11-4 Goals and Policies.......................................................... 11-4 12. Public Facilities..............................12-1 Opportunities, Challenges, and Considerations........ 12-2 Context............................................................................ 12-3 Key Community Considerations .................................. 12-6 Goals and Policies.......................................................... 12-7 13. Transportation..............................13-1 14. Energy......................................14-1 Opportunities, Challenges, and Considerations........ 14-2 Context............................................................................14-3 Key Community Considerations .................................. 14-5 Goals and Policies.......................................................... 14-5 Appendix A - Terrebonne Community Plan ......... A-1 Appendix B - Tumalo Community Plan ..............B-1 Appendix C - Transportation System Plan ...........C-1 Appendix D - Newberry Country Plan .............. D-1 Appendix E - Goal 5 Supplemental Sections .......... E-1 i-3 I Deschutes County Comprehensive Plan The purpose of the Deschutes County Comprehensive Plan is to provide a blueprint for land use conservation and development. This is accomplished through goals and policies that tell a cohesive story of where and how development should occur and what places should remain undeveloped. The Plan provides a legal framework for establishing more specific land use actions and regulations such as zoning. The goals and policies are based on existing conditions and trends, community values and the statewide planning system. The Plan must provide clear policy direction yet remain flexible. The County's most recent Comprehensive Plan was adopted in 2011. Since then, the County has grown substantially and experienced many demographic and economic shifts. Between April 2010 and July 2020, the County's population grew from 157,730 residents to 198,253 residents. This growth - 25.7% over ten years - is over twice the 10.6% increase that the State of Oregon experienced as a whole. The latest projections from Portland State University's Population Research Center suggest strong continued growth throughout Deschutes County. 'An updated Comprehensive Plan is necessary to address current needs of the communities in the County, as well as to guide the anticipated growth and development of Deschutes County over the next twenty years. Although many of the goals and policies of the 2011 Plan still hold value, fundamental data, trends, and land use issues have become outdated. The updated Comprehensive Plan needs to incorporate community input to craft new and updated goals and policies regarding agriculture, forestry, housing, recreation, natural resources, natural hazards, economic development, and transportation. In Oregon, comprehensive plans must comply with the statewide planning system, which was adopted in 1973 to ensure consistent land use policies across the State. While compliance with the statewide system is required, it is also important for a comprehensive plan to reflect local needs and interests. This Plan balances statewide requirements and local land use values. The Comprehensive Plan is the County's long- range plan for how it will grow and serve its community members in the future. Oregon state law requires all counties and cities to adopt and regularly update Comprehensive Plans that are consistent with state and regional goals, laws, administrative rules and other requirements and guidelines. The Comprehensive Plan addresses topics such as land use, housing, economic development, transportation, parks and recreation, and natural resources, with a strong emphasis on how land is used, developed, and/ or conserved. Other topics in the plan include citizen involvement, natural hazards, and public infrastructure and facilities, and more. The Plan describes conditions related to each element of the community and provides overarching guidance for future County decisions in the form of a set of goals, objectives, and policies. These policies will drive future decisions and actions undertaken by County staff, advisory groups, and elected decision -makers. Establishes a consistent, statewide approach to planning and development. Development encouraged to be concentrated into cities while farm, forest, and natural resource areas are encouraged to be protected from development. Provides very specific criteria for development outside of city limits, including permitted uses and development types on farm and forest lands. Counties are required to abide by these regulations when reviewing development proposals. Integrates statewide planning program goals, statute, and rule at the county level. Where the statewide planning program goals allow local discretion, implements locally developed plans and regulations. i-5 i Deschutes County Comprehensive Plan LE=•- 1859 1905 Oregon Statehood City of Bend incorporated EM FMC Deschutes County County Courthouse created from a portion and most early records of Crook County destroyed by fire City of Bend photo courtesy of DowntownBend.org i-6 I Deschutes County Comprehensive Plan Co unity 51M. z1am= F F . �" ' ., F fi Via• w ! '� AN ` �.� .. ,. rsk a y Y 7. ECONOMtC DEVELOPMENT Opportunities, Challenges, and Considerations Public engagement is the touchstone of planning in Oregon. As Deschutes County grows and its population changes over the course of the next 20 years, the County must be prepared to find innovative ways to keep community members involved in the planning process and provide ample and accessible ways to find and digest information. Challenges including funding, resources, and ongoing state appeals might pose barriers to this work. The County has an opportunity to plan for adequate resources and staffing to support this work. Context Involving the public in planning is a critical part of Oregon's land use system. Statewide Planning Goal 1 - Citizen Involvement, is intended to ensure that the public has the opportunity to be meaningfully involved in all phases of the land use planning process. Creating these opportunities requires time and energy on the part of County staff, as well as systems to incorporate that input in a meaningful way. To participate in planning actions, the public needs to be notified of the proposal or project, understand the legal framework for the decision and understand the implications of the decision. Local governments need to be aware of changing technologies and best practices to involve the community and share project information. Community engagement can take many forms, such as focus groups for a larger planning project, email notification lists for department activities, or mailed notices of public hearings. 1-2 1 Deschutes County Comprehensive Plan Camninunity Engagevnent 1111111 rill 1111111 !!11 LZRIMOM, "I. iili'E Months Online Open House Survey Responses Small Group Attendees Unique Website Email Contact List Visitors In -Person Attendees at Open Houses Planning Commission Meetings Staff Community Engagement Trainings News Stories Small -Group Meetings and Stakeholder Discussions Board Work Sessions 1-3 1 Deschutes County Comprehensive Plan Community Engagement Statewide Planning Goal 1 - Citizen Involvement lays the groundwork for the County's public involvement program. Jurisdictions are required to establish a Citizen Involvement Program that provides widespread community involvement, two-way communication with appropriate feedback mechanisms, opportunities for engagement in all phases of the planning process, technical information available in an intelligible form, and is adequately funded. Deschutes County's Community Involvement Program Statewide Planning Goal 1 is implemented by Deschutes County's Community Involvement Program, as described in the following section DESCHUTES COUNTY PLANNING COMMISSION The Deschutes County Planning Commission serves as the County's Committee for Community Involvement (CCI). The Planning Commission is composed of seven volunteer members appointed to four-year terms by the Board of County Commissioners (Board). Membership of the commission is representative of the various geographic areas of the County. Members are selected through an open process that aims to balance the diverse views of Deschutes County residents. The purpose of the CCI is to create a direct and transparent connection between County decision -making and the public by providing - regular updates, speakers, panel discussions, and handouts on land use law and policy. The CCI aims to make materials intelligible and convenient for the public and to provide a venue for civil discourse on important issues for the County. HISTORIC LANDMARKS COMMISSION The Historic Landmarks Commission serves as a hearings body for matters concerning historical districts, structures and sites within unincorporated Deschutes County as well as the city of Sisters. The Landmarks Commission is composed of nine voting and several non -voting ex-officio members who have demonstrated expertise in historic preservation related disciplines. Commissioners serve four-year terms. OTHER LAND USE RELATED ADVISORY GROUPS Project Wildfire is a committee formed to coordinate, develop and implement strategies to mitigate the effects of losses due to natural disasters that strike Deschutes County. Project Wildfire is composed of 15 to 27 members who reside or represent agencies within Deschutes County. All members are appointed by the Board and serve four years (see also Chapter X, Natural Hazards) The Deschutes River Mitigation and Enhancement Program helps achieve Oregon Department of Fish and Wildlife (ODFW) habitat and management goals and objectives within the Upper Deschutes River sub -basin, consistent with an agreement between the Central Oregon Irrigation District (COID) and ODFW. As part of that agreement COID provides ODFW with funds to develop and implement a fish and wildlife habitat mitigation and enhancement program for the Upper Deschutes River Basin. The Deschutes River Mitigation and Enhancement Committee has seven voting members appointed to three- year terms by the Board (see also Section 2.5). In addition to convening these groups, Deschutes County engages with the public through numerous methods, including: Conducting regular work sessions and hearings Providing timely public notice of important items Maintaining the County Website, including - - the department's "Community Engagement Center" page. Advertising events and engaging with constituents through social media channels Coordinating with media organizations, such as local newspapers. Meeting with individuals and small groups to get feedback on important issues. These activities were part of the most recent update of this Comprehensive Plan. 1-5 1 Deschutes County comprehensive Plan Key Community Issues Deschutes County is changing and community members are seeking new ways to share their ideas on key issues. To provide ample opportunities to engage, new tools and technologies will be needed to involve new groups. Issues that the policies in this section address include: Continuing to simplify materials to use plain language and be accessible to a variety of audiences Continuing to maintain a presence throughout the County, including holding meetings and events throughout the County Supporting engagement activities that allow community members to participate virtually and at the time of their choosing. With these issues in mind, Deschutes County has adopted the following goals and policies: Goals and Policies Goal 1.1: Provide for a robust community involvement program that includes all members of the community, including those who are commonly under -represented, by ensuring access to information, encouraging community collaboration, identifying and addressing barriers to involvement, and promoting efficient and transparent planning processes. Policy 1.1.1. Convene the Deschutes County Planning Commission as the County's Committee for Community Involvement in order to provide a direct and transparent connection between County decision -making and the public. Policy 1.1.2.Write all County planning documents to be understandable, intuitive, and easily available to the general public, using simplified language where possible, with acronyms spelled out and technical language explained. 1-6 1 Deschutes County Comprehensive Plan Conntnunity Engagement Policy 1.1.3. Hold area -specific comprehensive plan and zoning text amendment public hearings in locations and at times convenient and accessible to area residents, as appropriate. Policy 1.1.4. Provide property information to the public in an intuitive and easy -to -use manner. Policy 1.1.5. Consult and coordinate with developers before submitting applications as required or recommended by the County Development Code to identify and discuss project requirements and impacts. Policy 1.1.6. Invest in and support land use educational resources for community members including information related to rural living, agricultural practices, natural resources, and natural hazards. Policy 1.1.7. Promote opportunities for community members to have civil dialogue around key community issues. Policy 1.1.8. Explore new and innovative ways to reach community members and promote participation in the planning process. Goal 1.2: Support the activities of the Committee for Community Involvement Policy 1.2.1. Maintain adequate funding and staffing support for the Committee. Policy 1.2.2. Provide regular updates, speakers, panel discussions, and handouts on land use law and policy. Policy 1.2.3. Appoint members through an open and public process toreflectthe diverse --- geographic regions, demographics, and values of Deschutes County residents. Policy 1.2.4. Meet with the Board of County Commissioners at least once a year to coordinate planning policies and activities. Policy 1.2.5. Complete periodic reports on community involvement implementation for the State Citizen Involvement Advisory Committee, the Board of County Commissioners, and the public. Policy 1.2.6. Maintain open and civil discourse among Committee members and with the public. 1-7 1 Deschutes County Comprehensive Plan Zr �' Opportunities, Challenges, and Considerations Deschutes County has been one of the most rapidly growing parts of Oregon for many years. This growth can cause tension and highlight trade-offs between community priorities, such as the need for housing, preservation of natural resources, adequate infrastructure, and intergovernmental collaboration. To manage this growth, the County partners with its cities, special districts, and state and federal agencies to ensure a collaborative approach to development activities. As the County continues to navigate emerging issues, intergovernmental agreements and new partnerships will be key. One purpose of the Deschutes County Deschutes County regulates and manages the Comprehensive Plan is to provide a blueprint use of land in the unincorporated parts of the for land use throughout the County. This is County. This is accomplished by: accomplished through goals and policies that tell a cohesive story of where and how development should occur and what places are expected to remain undeveloped. The Plan provides a legal framework for establishing more specific land use actions and regulations. Implementing state policy and laws and furthering local planning goals by maintaining, updating and applying County land use policies, standards and regulations in its zoning codes and this Comprehensive Plan. • Reviewing development and land use proposals and help applicants to navigate the application process. • Coordinating with other local jurisdictions on issues of regional growth management, infrastructure, and public services. • Coordinating land use and transportation planning efforts in rural areas including planning for farm and forest lands and natural resource management and protection. • Administering land use regulations for unincorporated communities in the County. 2-2 1 Deschutes County Comprehensive Plan Land Use and RegionA Coordlinaflon The policies contained in this chapter, as well as all chapters in this Plan, establish the legislative policy basis for the County's land use planning program. The program is implemented primarily through application of the County's Zoning Code, regulatory maps, and development permitting application and approval procedures. In addition, these policies establish important criteria to be used when initiating regulatory changes or reviewing and developing code, map, and policy amendments. Note: Official comprehensive plan and zoning maps, including overlay zone maps, included in are available on Deschutes Count Dial Property Information System, Comprehensive Plan designations provide a high-level policy basis for more detailed zoning regulations - each Comprehensive Plan designation may be implemented by one or more specific zones. Comprehensive plan designations in Deschutes County are shown in Map 2-1 and described in the preceding table. Comprehensive Plan designations within the Bend, Redmond, Sisters, and La Pine Urban Growth Boundaries are excluded - local jurisdictions have responsibility for comprehensive planning within their Urban Growth Boundaries. County -wide Designations Agriculture To preserve and maintain agricultural lands for farm use. Airport Development To allow development compatible with airport use while mitigating impacts on sur- rounding lands. Forest To conserve forest lands for multiple forest uses. Open Space & To protect natural and scenic open spaces, including areas with fragile, unusual or unique qualities. Conservation Rural Residential To provide opportunities for rural residential living outside urban growth bound- aries and unincorporated communities, consistent with efficient planning of public Exception Area services. Surface Mining To protect surface mining resources from development impacts while protecting development from mining impacts. Resort Community To define rural areas with existing resort development that are not classified as a destination resort. Rural Community To define rural areas with limited existing urban -style development. Rural Service Center To define rural areas with minimal commercial development as well as some resi- dential uses, based on Oregon Administrative Rule 660-22 or its successor. Urban Unincorporated To define rural areas with existing urban development, based on Oregon Adminis- trative Rule 660-22 or its successor. Community Urban Designations Deschutes County coordinates with cities to adopt comprehensive plan designations for areas within Urban Growth Boundaries or as part of Urban Reserves Areas in the City of Redmond area. These designations are reflected in the Deschutes County GIS database. Area Specific Designations Parts of Deschutes County (Sunriver for example) have area -specific Comprehensive Plan designations. These are detailed in Chapter 11, Unincorporated Communities. 2-3 1 Deschutes County Comprehensive Plan Land Use and Regional Coordination ' ' �. . a 4. 7. ,' <: Zoning designations in Deschutes County are shown in Map 2-2. Zones within the Bend, Redmond, Sisters, and La Pine Urban Growth Boundaries are excluded - local jurisdictions have responsibility for zoning within Urban Growth Boundaries. OVERLAY ZONES Deschutes County has the following overlay zones, which apply in addition to the base zone of a given property. Airport Safety: The purpose of the AS Zone is to restrict incompatible land uses and airspace obstructions around airports in an effort to maintain an airport's maximum benefit. • Destination Resort: The purpose of the Destination Resort Combining Zone is to identify lands eligible for siting a Destination Resort and establish procedures and standards for establishing this type of development. • Landscape Management: The purposes of the Landscape Management Combining Zone are to maintain scenic and natural resources of the designated areas and to maintain and enhance scenic vistas and natural landscapes as seen from designated roads, rivers, or streams. • Greater Sage -Grouse Combining Zone. The purpose of the Greater Sage -Grouse Combining Zone is to fulfill obligations of OAR 660-23-0115. This state rule requires seven Oregon counties to mitigate impacts of large-scale development on sage -grouse habitat. • Sensitive Bird and Mammal Habitat: The purpose of the Sensitive Bird and Mammal Combining Zone is to insure that sensitive habitat areas identified in the County's Goal 5 sensitive bird and mammal inventory as critical for the survival of the northern bald eagle, great blue heron, golden eagle, prairie falcon, osprey, great grey owl, and Deschutes County Comprehensive Plan a Land Use and Regional the Townsend's big -eared bat are protected from the effects of conflicting uses or activities which are not subject to the Forest Practices Act. Surface Mining Impact Area: The purpose of the SMIA zone is to protect the surface mining resources of Deschutes County from new development which conflicts with Deschutes County contains four incorporated cities. The County, per statute, is responsible for coordinating with cities on growth related issues including urban growth boundary and urban reserve planning. The County maintains intergovernmental agreements with each city to define land use authority for lands outside of city limits and within urban growth boundaries. the removal and processing of a mineral and aggregate resource while allowing City of Bend owners of property near a surface mining Bend is the largest incorporated area in site reasonable use of their property. Deschutes County. It is centrally located in • Wildlife Area: The purpose of the the county, with Highways 20 and 97 crossing Wildlife Area Combining Zone is to paths through the center of the city. Bend conserve important wildlife areas has experienced rapid growth in the last few in Deschutes County: to protect an years, accelerated by the COVID-19 pandemic important environmental, social and economic element of the area; and to permit development compatible with the protection of the wildlife resource. Deschutes County includes the following jurisdictions, each with their own authority and needs. The role of the County is largely one of coordination across these multiple communities. and "Zoom Town" remote working trends. The 2022 estimated population of the Bend UGB is 103,976. The Bend UGB accounts for most of the population share among all UGBs in Deschutes County with a population of 225,619 (57.4% of the population) by 2072. Land Use and Regional CoordinaUan City of La Pine The City of La Pine is located close to the southern edge of the county along Hwy. 97. The current (2022) estimated population of the La Pine UGB is 2,736. The population of the La Pine UGB is projected to increase by 87% to 5,129 in 2047. By 2072, the population is projected to be 8,336. City of Redmond Redmond is located northeast of Bend with Hwy. 97 running through the center of town. The current (2022) estimated population of the Redmond UGB is 37,342. The population of the Redmond UGB is projected to increase by 121 % to 82,601 in the next 50 years. By 2047 it is estimated that the population of the Redmond UGB will increase to 60,060. City of Sisters Sisters is located on the eastern edge of the Willamette National Forest and Cascade Mountains. The current (2022) estimated population of the Sisters UGB is 3,437. The Sisters UGB is projected to increase by 130%, to 7,911 in 2047, and to 14,881 by 2072. In the Treaty of 1855, the Confederated Tribes of Warm Springs ceded approximately 10.2 million acres to the United States Government in exchange for creation of the Warm Springs Reservation. As part of this agreement, the Tribes maintained rights to hunt, fish, gather, and graze on these ceded lands. The map below identifies the location of these ceded areas in Deschutes County, which primarily intersect with publicly owned lands. Coordination with the Confederated Tribes of Warm Springs on growth and development related issues is important to ensure consistency with these treaty rights. Key Community Considerations The rapid pace of growth in Deschutes County and its impacts on urban, rural, natural, and recreational areas has been one of the most significant - and at times the most controversial - topics of discussion among the community. Some topics and comments include: • Strong desire by some for greater densities in urban areas, in order to accommodate - growth while preserving open space and - resource land in rural areas. A similarly strong feeling by some that the cities in Deschutes County are becoming too urban already. Concern about the amount and distribution of benefits and burdens created by destination resorts and tourism -related activities in rural areas. • Strong desire for interagency collaboration to manage growth in a coordinated manner. With these ongoing conversations in mind, Deschutes County drafted and refined the following goals and policies to guide the growth of our community for the next 20 years. 2-7 1 Deschutes County Comprehensive Plan u D 0 o U 2;l fu c) ! is � CL < U) c II fco, �Z' F— > > < b LAJ w LQ 0 Z �M2 Z > W, w 'u C Wz < w w 0� cc 2: z o� < z 0 8 1 8 C' i Z9 Z9 2, - ce _u < z :z:, UR 9 C, 9 C00 ce z Z) m D Z) m =' :3 El: u ce ce R I i1.1 ___) LL () LA, (_) LLi U IIJ 0 p . . . . . - - - - - - - - - 20 Fi 0 i5 r it > Z5 : it 31 O -—— ——————— IMI Ew Land Use and Regional iCoordination Cal. Goal 2.1: Maintain an open and public land use process in which decisions are based on substantial evidence and a balancing of community needs. Policy 2.1.1.Balance the consideration of private property rights and the economic impacts of land use decisions on property owners with incentives to preserve agricultural and forest land, wildlife habitat, ground and surface water resources, wetlands, riparian areas, open areas and other community goals identified in the Comprehensive Plan. Policy 2.1.2. Review the Comprehensive Plan periodically in order to address current conditions, issues, and opportunities. Policy 2.1.3. The Deschutes County Comprehensive Plan Map will be retained in official replica form as an electronic map layer within the County Geographic Information System and is adopted as part of this Plan. Policy 2.1.4. Implement Comprehensive Plan policies through the Community Development Department's annual work plan and other actions by the Department and the Board of County Commissioners. Policy 2.1.5. Explore methods to integrate carrying capacity into County land use decision making. The Confederated Tribes of Warm Springs Legend 2-9 1 Deschutes County Comprehensive Plan Goal 2.2: Coordinate and support regional planning efforts relating to growth, natural resources, recreation, and major infrastructure investments. Policy 2.2.1. Periodically review and update intergovernmental and urban management agreements to coordinate land use review on land inside urban growth boundaries and Land Use and Regional Coordination Policy 2.2.9. In accordance with OAR 660- 024-004 and 0045, Deschutes County, fulfilling coordination duties specified in ORS 195.025, shall approve and update its comprehensive plan when participating cities within their jurisdiction legislatively or through a quasi-judicial process designate regionally significant sites. outside city limits. Policy 2.2.10. The County and City shall Policy 2.2.2. Help coordinate regional periodicallyreviewthe agreement associated planning efforts with other agencies on land use policies and actions that impact their jurisdictions. Policy 2.2.3. Support the use of high value natural resource and recreational lands for public purposes, whether through acquisition, easements, or other means. Policy 2.2.4. Support the implementation of long-range plans of Deschutes County jurisdictions, incorporating elements of those plans into the County's Comprehensive Plan as appropriate. Policy 2.2.5. Encourage cities to conduct, in collaboration with Deschutes County, urban reserve planning to facilitate orderly and thoughtful management of growth and infrastructure needs. Policy 2.2.6. Collaborate with federal agencies on land management issues, including homelessness, wildlife habitat restoration, water quality, road networks, energy projects, the impacts of recreation and the expansion of sustainable recreation opportunities. Policy 2.2.7. Support efforts to reduce barriers to regional infrastructure projects with community benefit while mitigating negative impacts. Policy 2.2.8. Support updates to unincorporated community area plans. with the Redmond Urban Reserve Area (RURA). The following land use policies guide zoning in the RURA. a. Plan and zone RURA lands for rural uses, in a manner that ensures the orderly, economic and efficient provision of urban services as these lands are brought into the urban growth boundary. b. Parcels shall be a minimum of ten acres. Until lands in the RURA are brought into the urban growth boundary, zone changes or plan amendments shall not allow more intensive uses or uses that generate more traffic, than were allowed prior to the establishment of the RURA. d. For Exclusive Farm Use zones, partitions shall be allowed based on state law and the County Zoning Ordinance. e. New arterial and collector rights -of -way in the RURA shall meet the right-of-way standards of Deschutes County or the City of Redmond, whichever is greater, but be physically constructed to Deschutes County standards. Existing and future arterial and collector rights -of -way, as designated on the County's Transportation System Plan, shall be protected from development. 2-10 1 Deschutes County Comprehensive Plan Land Use and Regional, Coordination g. A single-family dwelling on a legal parcel is permitted if that use was permitted before the RURA designation. Additionally, the County will coordinate planning efforts and development goals with the City of Redmond prior to bringing County -owned property into Redmond's urban growth boundary. Goal 2.3: Manage county -owned lands to balance the needs of the community as articulated in the goals and policies of this Plan and other supporting planning documents. Policy 2.3.1. Manage lands with a park designation consistent with the goals and policies in Chapter 5 Natural Resources. Policy 2.3.2. Support the efforts of park districts, state and/or federal agencies to identify additional properties along rivers, streams, or creeks, or containing significant wildlife, scenic resources, or open space resources to designate as park land. Goal 2.4: Minimize onerous barriers to land use application and development review processes. Policy 2.4.1. Explore opportunities to build or obtain specialty planning knowledge and experience among staff within CDD in related fields such as wildlife, natural resources, and/ or agricultural practices. Policy 2.4.2. Explore measures to reduce development costs for projects related to agriculture and addressing houselessness, including fee reductions and expedited land use applications. Mm Resources opportunities, Challenges, and Considerations Farm and forestry resources and operations continue to play an important role in the character and economy of Deschutes County. However, a variety of ongoing and forecasted trends will impact the viability and vitality of these industries and the people who contribute to them. A number of these trends and challenges are described below and more information about some issues is found in the Water Resources section of this Plan (see Chapter 5: Natural Resources). PREVALENCE OF SMALL FARMING OPERATIONS AND HOBBY FARMS The 2022 Census of Agriculture profiles Deschutes County as primarily consisting of small acreage, hobby farms and other relatively small agricultural operations. As of 2022 there were approximately 1,572 farms, an increase of 5% from 2017. Although the average size of a farm in Deschutes County is 97 acres, the majority of acreage (about 85%) is in farms of 50 acres or less in size. MARGINAL OR LOW PRODUCTIVITY SOILS While a large proportion of the County is zoned for exclusive farm use, much of the land in these areas has marginal soils which provide limited productivity, particularly for higher value crops. Limited access to water rights and irrigation can further hamper productivity in some areas. Deschutes County attempted to reclassify certain agricultural lands through a nonresource lands program. This approach was rejected at the state level. Since that time, some landowners have successfully redesignated property, primarily to residential zones, through an applicant -initiated process. FINANCIAL CHALLENGES According to the 2022 Agricultural Census, agricultural producers in Deschutes County are often operating in the red. The per -farm average of market value of products sold was $25,437, a 23% increase from 2017, and average production expenses of $39,918. This results in a deficit of approximately $14,481 per farm per year. Government payments help cover a portion of this deficit, with the average farm receiving $17,959 in assistance. The costs of operating continue to be a major challenge for small family operations, resulting in approximately 48% of farms in Deschutes County reporting under $2,500 in sales. DECLINING FOREST PRODUCTS INDUSTRY Approximately 1,032,436 acres of Deschutes County area are zoned for Forest Use. Historically, forestry on public and private land was a primary industry in Central Oregon with key mill sites along the Deschutes River in Bend. Over time, species protections, international competition, and new technologies have reduced the overall footprint of the timber industry in Central Oregon. Recently, land uses are shifting toward recreation and residential development in these natural resource areas. 3-2 1 Deschutes County Comprehensive Plan WATER SUPPLY AND IRRIGATION water conservation) will become more crucial. Much of Deschutes County is served by six Deschutes County is committed to working with irrigation districts (Map 3-1) -these are special irrigation districts and holders of water rights to entities created for the purpose of delivering increase water conservation efforts throughout water to their patrons. These districts are quasi- the County in a manner consistent with existing municipal corporations chartered under Oregon legal frameworks established by State and law that operate as political subdivisions of the Federal law. State of Oregon. In addition to irrigation, these Context districts also supply other services including municipal, industrial, and pond maintenance. In Agriculture most cases, these districts are holders of senior Agriculture and ranching operations in water rights with shares then distributed to their Deschutes County vary widely based on water patrons. As is the case with all water rights, the availability, soil, and microclimate. The following irrigation districts' water rights are managed subzones were created through a commercial by the Oregon Water Resources Department farm study conducted in 1992. This study and subject to "beneficial use" requirements to concluded that irrigation is a key factor to prevent the waste of the water resource. The viability of operations, which enabled the County total water available for irrigation and other to establish smaller acreages than allowed by human uses in Deschutes County is fixed under state law to provide additional flexibility. the current water regime, and there is little opportunity to expand irrigated farming in the Additional information about farm and forest County. Irrigation districts with more junior resources is provided in the tables and charts water rights such as Arnold Irrigation District below. and North Unit Irrigation District (operating north of Deschutes County), have recently seen Forest Lands challenges with water delivery due to limited Deschutes County classifies Forest land in one of availability and drought. two zones. Forest 1 zoning is intended for land CHANGES IN CLIMATE CONDITIONS Because the total volume of water available for agricultural and human use is fixed, strategies to decrease water usage (capping or piping irrigation channels, irrigation timing strategies, that is primarily used for forest management or commercial forestry, with a lot size over 160 acres, and not developed with residential or non - forest uses. Forest 2 zoning is intended for land that does have residential or non -forest uses, is less than 160 acres, and may contain roads or other public facilities that serve the property. Days Above 90 Degrees in Brothers State regulations limit residential and non- 22 ®_ 70 forestry related development on forest lands and the County sees only a few applications for 3-3 1 Deschutes County Comprehensive Plan I i3'3 t o W r 6 D Z o b +± i ot! �.A. O' 3 � W Z � E •Yn j= - 4� N C C 0 V o . ,, O G E Ci N 10 ;i i0 E tn' N i9 Ol �]"j �' N o O _ c 0 0 0 0 �. E a v E u.. E �. 3 p L ._ n ro o ._ ro w a u �m u O 1, zLDI �1 F- ,- I 1 1 1 I I I I I i I I I I I 1 Ci' I �l 1 Ir I I I I 1 r n �"®�® � N 0 a v a v a � a 1 a 1 I G I I I 1 _ _ _ _ _ _ I I a I 0 i c I b _ _ _ _ J O C O G _G 4 2 0 z � Z. a 0 n E 0 c i a b G O cn d N o l � Farm and Forest Resources development in these areas each year. Even with this limitation on development, forest Farms By Size (acres) managers and service providers continue to 1,000+ 12 farms express concern with wildfire risk associated with residential development in heavily wooded areas. 500 to 999 13 farms Most lands in either of these classifications 180 to 499 40 farms within Deschutes County are federally owned and managed by the US Forest Service. 50 to 179 151 farms Historically, forest lands were used for timber - production. As timber harvesting decreases, 10 to 49 ; other uses for forest lands are emerging. State r� regulations permit five general types of uses, 1 to 9 including forest operations; environmental, agricultural or recreational uses; two types of Cropland Pastureland Woodland Other 671 farms 597 farms Less than $2,500 $2,500 to $4,999 $5,000 to $9,999 $10,000 to $24,999 $25,000 to $49,999 $50,000 to $99,999 $100,000 or more s 130 Irrigated field crops, hay pastures Lower Bridge Irrigated alfalfa, hay and pastures, wooded grazing Sisters/Cloverdale 63 and some field crops Terrebonne 35 Irrigated hay and pasture Tumalo/Redmond/Bend 23 Irrigated pasture and some hay Alfalfa 36 Irrigated hay and pasture Riparian meadows, grazing and La Pine 37 meadow hay Horse Ridge East 320 Rangeland grazing 3-5 1 Deschutes County Comprehensive Plan Farnn, and Forest Resources dwellings and locally dependent uses. Permitted Key Community Considerations uses are defined and clarified in OAR 660-006. Given the range of issues and conditions The following uses are major forest uses in discussed above and, this plan includes a Deschutes County: variety of policies to support farm and forest operations in Deschutes County. Additional • Secondary forest products (forest related policies also are found in Chapter 2: operations): There is an increasing use of Land Use and Regional Coordination, Chapter secondary forest products, such as hog fuel 5: Natural Resources, and Chapter 9: Economic (chipped wood) or wood slash. This type of Development. These strategies are underpinned product is generally seen as providing dual by the following results of Comprehensive Plan benefit, by providing economic opportunity outreach efforts. while also reducing wildfire risk through thinning projects. Community members opposed rezoning • Alternative Energy: Biomass is an low productivity farmland with poor soil emerging technology for renewable energy to allow greater opportunities for housing, and can also be integrated with these while supporting rezoning of this land to products. The first biomass facility in the preserve open space. County is currently under development There is strong support for conducting through a partnership with Mt. Bachelor Ski educational outreach to encourage water Resort and the US Forest Service. conservation and on -farm efficiency • Recreation (environmental, agricultural measures. and recreation uses): The proximity of Community members also strongly support federal forests for hiking, mountain biking, allowing greater flexibility for income - skiing, hunting, fishing, wildlife viewing and producing supplemental activities on farms other outdoor recreation draws tourists such as farm -to -table dinner, farm stands, and residents alike. Skyline Forest, a weddings, or similar events. 33,000-acre privately owned property in Outreach participants expressed support the Forest 1 zone has been identified as for investment in the agricultural economy a potential community asset, with several through grants or exploring a farmland groups and nonprofits seeking to acquire conservation program. and utilize the property as a community forest. In 2022, Deschutes Land Trust facilitated a community visioning process to identify preferred community uses if land were to be purchased as a privately held recreational asset. 3-6 1 Deschutes County Comprehensive Plan Farnn and Forest Resources Goals and Policies Goal 3.1: Preserve and maintain agricultural lands, operations, and uses to support Deschutes County's agricultural economy Policy 3.1.1. Retain agricultural lands through Exclusive Farm Use zoning. Policy 3.1.2. Continue to apply Exclusive Farm Use sub- consistent with the County's most up-to-date adopted studies of agricultural land and as implemented through the County Development Code. Policy 3.1.3. Develop comprehensive plan policy criteria and code to provide clarity on when and how EFU parcels can be converted to other designations. Policy 3.1.4. Regularly review farm regulations to ensure compliance with changes to State Statute, Oregon Administrative Rules and case law. Goal 3.2: Promote a diverse, sustainable, and thriving agricultural sector. Policy 3.2.1. Encourage farming by promoting the raising and selling of crops, livestock and/or poultry. Policy 3.2.2. Support agriculture through the use of grant funds, research, and other resources dedicated to agricultural community members and stakeholders, including but not limited to farmers, agricultural researchers, farm bureaus, and other organizations in studying and promoting economically viable agricultural opportunities and practices. Policy 3.2.3. Support and encourage small - farming enterprises through a variety of related strategies and programs, including, but not limited to, niche markets, organic farming, food council, buy local, farmers markets, farm -to -table activities, farm stands or value-added products, or other programs or strategies. Policy 3.2.4. Work cooperatively with irrigation districts, public agencies and representatives, and landowners to promote and support agricultural uses and operations, including through use of rural reserves, conservation easements, transfer of development rights programs, land acquisition, and other preservation strategies consistent with existing Federal and State Law. Policy 3.2.5. Support efforts to control noxious weeds and invasive species. Policy 3.2.6. Continue to review and revise county code as needed to be and consistent with state code, rules, and regulations to permit alternative and supplemental farm activities that are compatible with farming, such as agritourism or other small-scale sustainable activities. Policy 3.2.7. Work with the State to review and revise their regulations when a desired alternative or supplemental use identified by the County is not permitted by State regulations. 3-7 1 Deschutes County Comprehensive Plan Farm and Forest Resources Policy 3.2.8. Use land use policy and development code requirements, including right -to -farm provisions, as well as coordination with other jurisdictions to minimize conflicts between residential uses and agricultural uses and continue to promote the viable operation of agricultural c. Concerns over the impact on private property from off -road vehicles, facilities, and trails located on adjacent public lands. Policy 3.3.4. Continue to work with the State to review and revise accessory farm dwelling requirements to address the needs of local farmers. uses. Policy 3.3.5. Encourage coordination Policy 3.2.9. Provide resources such as between agricultural interests and fish technical assistance and access to grants to and wildlife and organizations, support on -site efficiency upgrades relating to agriculture. Goal 3.3: Ensure Exclusive Farm Use policies, classifications, and codes are consistent with local and emerging agricultural conditions and markets. Policy 3.3.1. Identify and retain accurately designated agricultural lands. Policy 3.3.2. Continue to explore new methods of identifying and classifying agricultural lands. Apply for grants to review and, if needed, update farmland designations. b. Study County agricultural designations considering elements such as water availability, farm viability and economics, climatic conditions, land use patterns, accepted farm practices, and impacts on public services. Lobby for changes to State Statute regarding agricultural definitions specific to Deschutes County that would allow some reclassification of agricultural lands. Policy 3.3.3. Address land use challenges in the Horse Ridge subzone, specifically: a. The large number of platted lots not meeting the minimum acreage; b. The need for non -farm dwellings and location requirements for farm dwellings; including public agencies, non -governmental organizations and others. Policy 3.3.6. Explore the evaluation and potential redesignation of lands with a farm designation and poor soils and low productivity for protected open space, development of needed housing, or other uses that support community goals as follows. a. Allow comprehensive plan and zoning map amendments, including for those that qualify as non -resource land, for individual EFU parcels as allowed by State Statute, Oregon Administrative Rules and this Comprehensive Plan. b. Explore creation of a new zoning classification intended to balance value of high desert environment while allowing for limited housing opportunities and applying this designation through coordination with interested and willing property owners. Goal 3.4: Protect and maintain forest lands for multiple uses and objectives, including forest products, watershed protection, conservation, recreation, wildlife habitat protection, carbon sequestration, forest health, and wildfire resilience. Policy 3.4.1.Retain forest lands through Forest 1 and Forest 2 zoning. 3-8 1 Deschutes County comprehensive Plan Farm and Forest Resources Policy 3.4.2. To conserve and maintain a. Do not qualify under State Statute for unimpacted forest lands, retain Forest 1 forestland tax deferral, zoning for those lands with the following b. Are not necessary to permit forest characteristics: operations or practices on adjoining lands a. Consist predominantly of ownerships not and do not constitute forested lands developed by residences or non- forest that maintain soil, air, water and fish and uses; wildlife resources, b. Consist predominantly of contiguous c. Have soils on the property that fall within ownerships of 160 acres or larger; the definition of agricultural lands as set forth in Goal 3 c. Consist predominantly of ownerships contiguous to other lands utilized for d. Are a tract of land 40 acres or less in size, commercial forest or commercial farm e. Do not qualify under State Statute and the uses; terms of the Forest 2 zone for a dwelling, d. Are accessed by roads intended primarily and; for forest management; and f. Were purchased by the property owner e. Are primarily under forest management. after January 1, 1985 but before November 4, 1993. Policy 3.4.3. To conserve and maintain impacted forest lands, retain Forest 2 zoning for those lands with the following characteristics: a. Consist predominantly of ownerships developed for residential or non -forest uses; b. Consist predominantly of ownerships less than 160 acres; c. Consist of ownerships generally contiguous to tracts containing less than 160 acres and residences, or adjacent to acknowledged exception areas; and d. Provide a level of public facilities and services, including roads, intended primarily for direct services to rural residences." Policy 3.4.4. Notwithstanding any other quasi-judicial plan or zone change criteria, lands designated as Forest under this Plan and zoned Forest 2 may upon application be redesignated and rezoned from Forest 2 to Exclusive Farm Use if such lands: Such changes may be made regardless of the size of the resulting EFU zoning district. Such changes shall be processed in the same manner as other quasi-judicial plan or zoning map changes. Policy 3.4.5. Ensure that criteria for and designation of Forest Lands are consistent with state administrative rules and statutes. Policy 3.4.6. Coordinate and cooperate with the U.S. Forest Service, the Bureau of Land Management and other public agencies to promote sustainable forest uses, including recreation and biomass facilities, on public forest land, including currently adopted Forest and Land Management Plans prepared by the US Forest Service (USFS) and US Bureau of Land Management (BLM). a. Using the Deschutes National Forest Land and Resource Management Plan, or its successor, as the basis for mutual coordination and cooperation with the U.S. Forest Service; 3-9 1 Deschutes County Comprehensive Plan Farm and Forest Resources b. Using the Prineville Bureau of Land a. Promote forest health and resilience to Management Upper Deschutes Resource Management Plan, or its successor, as the basis for mutual coordination and cooperation with the Bureau of Land Management. Policy 3.4.7. Notify affected agencies and tribal governments when reviewing land use applications and proposals for development that could impact FederalorState forest lands. Policy 3.4.8. Support economic development opportunities that promote forest health, create opportunities for local production of related forest products, and reduce the prevalence of invasive plant species that adversely affect forest health and soil quality. Policy 3.4.9. Provide input on public forest plans that impact Deschutes County. Policy 3.4.10. Coordinate with community stakeholders to support forest management plans and projects that are consistent with the policies of this chapter and with local community forest management and wildfire protection plans. wildfire. b. Contribute to public safety by treating wildland hazardous fuels particularly in the designated Wildland Urban Interface as identified in the Community Wildfire Protection Plans described in Chapter 13, Natural Hazards, of this Plan. c. Retain fish and wildlife habitat. Policy 3.4.11. Continue to review and revise the County Code as needed to ensure development in forest zones minimizes and/ or mitigates impacts on fish and wildlife habitat, forest health, and wildfire resiliency. 3-10 1 Deschutes County Comprehensive Plan Opportunities, Challenges, and Considerations Surface mining provides non-renewable resources, such as pumice, cinders, building stone, sand, gravel and crushed rock. The extraction of these materials provides employment as well as products important to local economic development. However, - - mining of mineral and aggregate resources creates noise, dust and traffic and potential pollution that can conflict with neighboring land uses, particularly residential uses. The Oregon Department of Geology and Mineral Industries (DOGAMI) regulates surface mining sites in Deschutes County. The last available published analysis of mineral resources in Deschutes County was completed by DOGAMI in 1976. No updates have been completed during that time due to limited staff. A continued challenge is monitoring the availability of these resources. However, it is likely that Deschutes County has enough mineral resources to meet demand for the next 20 years. When a mineral resource is exhausted, the site is required to submit a reclamation plan to Deschutes County and DOGAMI. This plan identifies how the site will be closed for mineral operations, environmental impacts will be mitigated, and steps to be taking to return the site to a new use. As mineral and aggregate resources are exhausted, property owners often rezone the site from the "Surface Mine" designation to a new zone (often a residential zone), to allow for new development to occur. Coordination with DOGAMI and property owners is imperative to ensure this reclamation process occurs in an efficient and environmentally focused manner. Context Surface mining is protected through Statewide Planning Goal 5, Natural Resources, Scenic and Historic Areas and Open Spaces and the associated Oregon Administrative Rule (OAR) 660-023 (this rule replaced 660-016 in 1996). Mineral and aggregate resources are included on the list of Statewide Goal 5 resources that the County must inventory and protect. The County maintains an inventory of surface mining sites as part of its Goal 5 program, shown in Map 4-1. There are currently 59 mining sites identified in the Deschutes County GIS data, and 8 sites that have been reclaimed. Mining sites are subject to a Surface Mining Impact Area Combining Zone that applies within 1/2 mile of the mining site boundary. This combining zone limits new uses and expansion of existing uses that may be impacted by mining activities and are not in compliance with the site - specific Economic, Social, Environmental, and Energy (ESEE) analysis for nearby mining sites. In certain cases, a waiver of nonremonstrance may also be required in this zone. 4-2 1 Deschutes County Comprehensive Plan rl a v � t'n t$ W 0 ' $ v N ,o B. ci M E O Zff < cna ce (n w s vC 0 � Q. H C I I �1 N CH �I CC t I IJ I I 1 I I I _ a I 1 I I I i I 1 I I CCU u- 0 N N .moo a `m a � 2 o R C� °0 I 0 E o I I Z, c V r_ _ _ _ _ - _ _ - _ - I I N _ o I I N = I I I 1 LO a 4 i I E 1� I i ti � V � O O Key Community Considerations Transportation agencies expressed concern regarding the impact of depleting mineral resources on road operations, including the use of cinder for winter maintenance and other resources for use in new road projects. The topic of mineral and aggregate resources was not a focus of community discussion as part of this Comprehensive Plan update, though the priorities of a diverse economy and protected natural areas for habitat and open space are interrelated with this subject. The following goals and policies represent a balance of these community interests. Goal 4.1: Protect and utilize mineral and aggregate resources while minimizing adverse impacts of extraction, processing and transporting the resource. Policy 4.1.1. Implement adopted Goal 5 Surface Mining inventories. Policy 4.1.2. Coordinate with the Oregon t of Geology -and -Mineral - Industries (DOGAMI) on mining regulations and studies. Policy 4.1.3. Balance protection of mineral and aggregate resources with conflicting resources and uses. Policy 4.1.4. Support the required reclamation of mining sites following mineral extraction. Opportunities, Challenges, and Considerations Natural resources in Deschutes County are abundant. Wildlife, scenic views of forests and peaks, and open spaces to preserve habitat and native vegetation are among the Oregon Statewide Planning Goal S governs Natural Resources, Scenic and Historic Areas, and Open Spaces. Through this goal, the County maintains inventories and regulatory protections to preserve these many resources. These regulations are created by weighing Economic, Social, Environmental, and Energy (ESEE) consequences associated with protection of a resources. Topics covered in this chapter include: • Protected Wildlife Resources • Open Space and Scenic Views • Water Resources ..�_ roullwP Deschutes County has some of the broadest and most robust wildlife protections in the state, covering a variety of species. The County has development protections within and surrounding numerous wildlife habitats. Some of these habitats have mapped geographic boundaries such as Deer Winter Range, Deer Migration Range, Antelope Habitat, Golden Eagle - Sensitive Bird Habitat, and Elk Habitat. Other species are commonly found in protected riparian areas, such as wetlands and floodplains Deschutes County contains general habitats for fish, fur -bearing animals, waterfowl, and upland game birds. A continued challenge to wildlife resources is rural development and impacts on habitat. Mule deer are seeing steady declines, approximately 10% each year per Oregon Department of Fish and Wildlife biologists. These declines in population are due to a variety of factors, including but not limited to loss of habitat, predation, and disease. NX a, The 2010 Greenprint for Deschutes County listed protection of scenic viewsheds as one of the top five community priorities for conservation in the rural County, and the protection of open space has been one of the key topics of discussion during the most recent update of this Comprehensive Plan. The County has several designated scenic corridors, including several scenic bikeways, highways, and wild and scenic river sections. With close to 80% of the County under public ownership, many community members enjoy access to natural resources on public lands. A perennial issue among community members is 5-2 1 Deschutes County Comprehensive Plan NaturaP, Resources preserving scenic views and open spaces closer to home on undeveloped private properties. WATER RESOURCES The high desert climate of Central Oregon poses many challenges with water supply and allocation. A 2021 report by the Oregon Department of Water Resources found that groundwater levels through Deschutes County are declining, by as much as 50 feet of total decline in the central part of the basin. This decline is considered "excessively declined" per state statute and is attributed toward a shift in overall drier conditions since the late 1990s, a warming trend in the basin, and decreased snowpack. To address these issues, irrigation districts and other entities are engaged in ongoing efforts to pipe canals and modernize irrigation systems to increase their efficiency. Due to water transmission losses in irrigation canals from seepage into groundwater and evaporation, piped canals typically require only half the amount of water to be diverted from the river or stream to deliver the same volume of water to the end user compared to open canals. Community members have expressed concern that piping canals contribute to aquifer declines. Deschutes County plays a coordination role along with the Oregon Department of Water Resources, irrigation districts, water users, and owners of private wells to address these water resource issues. Wildlife diversity is a major attraction of Deschutes County. The key to protecting wildlife is protecting the habitats each species needs for food, water, shelter, and reproduction. Also important is retaining or enhancing connectivity between habitats to protect migration routes and avoid isolated populations. 5-3 1 Deschutes County Comprehensive Plan NaturA Resources In considering wildlife habitat, counties rely on the expertise of the Oregon Department of Fish and Wildlife (ODFW) and U.S. Fish and Wildlife Service (USFWS). Those agencies provide information for the required wildlife inventory and recommendations on how to protect wildlife habitat on private lands. A summary of Deschutes County's wildlife protection programs follows: MULE DEER Migration corridors and winter range are essential habitats needed to support mule deer in Deschutes County. The Bend/La Pine migration corridor is approximately 56 miles long and 3 to 4 miles wide and parallels the Deschutes and Little Deschutes Rivers. The corridor is used by deer migrating from summer range in the forest along the east slope of the Cascades to the North Paulina deer winter range. Deschutes County adopted a "Deer Migration Priority Area" based on a 1999 ODFW map submitted to the South County Regional Problem Solving Group. This specific sub -area is precluded from destination resorts. From 2021-2023, Deschutes County explored an update to the county's mule deer inventory, which included extensive community participation including through the public record. Ultimately, the decision was made not to update. A snapshot of Deschutes County's wildlife protection program is included below. Extensive information is included in Appendix E, the County's Goal 5 inventory. Nest sites for the bald eagle, osprey, golden eagle, prairie falcon, great grey owl, greater sage -grouse, and great blue heron rookeries are inventoried by the County. The area required for each nest site varies between species. The minimum area required for protection of nest sites has been identified by the ODFW in their management guidelines for protecting colony nesting birds, osprey, eagles, and raptor nests. The USFW works closely with ODFW on eagle - related issues and enforces federal guidelines to ensure protection of bald and golden eagles. ELK The Land and Resource Management Plan for the Deschutes National Forest identifies 6 key elk habitat areas in Deschutes County. The ODFW also recognizes these areas as critical elk habitat for calving, winter or summer range. The following areas are mapped on the Big Game Habitat Area map and in the Deschutes National Forest Land and Resource Management Plan: • Tumalo Mountain • Kiwa • Rya n • Crane Prairie • Fall River • Clover Meadow ,ANTELOPE The Bend and Ochoco District offices of the ODFW provided maps of the antelope range and winter range. The available information is adequate to indicate that the resource is significant. The antelope habitat is mapped on Deschutes County's Big Game Habitat -Wildlife Area Combining Zone Map. 5-4 1 Deschutes County Comprehensive Plan Natural Resources Scenic Views and Open Space Deschutes County has a rich abundance of open space. Open spaces are generally undeveloped areas that are being maintained for some other purpose, such as farms, parks, forests, or wildlife habitat. Besides the value that stems from the primary use of the land, open spaces provide aesthetically pleasing undeveloped landscapes. Because these areas are undeveloped, they also provide additional benefits such as water recharge, buffers from habitat, and safety zones from natural hazards such as flooding. Open spaces and scenic views are an important draw for visitors and are often mentioned as important to the area's quality of life. The backdrop of the Cascade Mountains, with its vast forest and sagebrush landscapes and riparian and wetland habitats, all provide an inspirational setting for visitors and residents alike. Statewide Planning Goal 5 recommends, but does not require, creating an inventory and protections for open spaces, scenic views and sites. Oregon Administrative Rule (OAR) 660-023 defines open space designations as parks, forests, wildlife preserves, nature sanctuaries, and golf courses. Open spaces are protected through an Open Space and Conservation map designation and zoning district. Scenic view protection is implemented through the Landscape Management Combining Zone regulations. Deschutes County's Role in Water Management is described below. REGULATORY AGENCIES The primary state regulator of water availability is the Oregon Water Resources Department (OWRD). The Oregon Department of Environmental Quality (DEQ) leads the monitoring and enforcement of water quality standards. The Oregon DEQ is required to comply with the Federal Environmental Protection Agency. Numerous sections of the Deschutes River in Deschutes County hold a special status as a federal wild and scenic river, as well as a state scenic waterway. These areas carry additional regulations through the 1996 Upper Deschutes Wild and Scenic River and State Scenic Waterway Comprehensive Plan, requiring additional agency coordination with the Oregon Parks and Recreation Department and the US Forest Service on development impacting these sections. STATEWIDE PLANNING GOALS There are two Statewide Planning Goals relating to the protection of water resources. Goal 5 (Natural Resources, Scenic and Historic Areas, and Open Spaces) requires an inventory and protection of the following water resources. In Deschutes County, these inventories have been completed and acknowledged by the Land Conservation and Development Commission (See Appendix A for Goal 5 Inventories). Goal 6 (Air, Land, and Water Resources Quality) requires comprehensive plans to be consistent with state and federal pollution regulations. Accordingly, it is imperative that local land use policies align with Federal and State laws governing the community's water resources. 5-5 1 Deschutes County Comprehensive Plan NaturA Resources The policies in this section relating to water provide the framework for evaluating land use actions and define the responsibility of the County to work in partnership with cities, agencies, non -profits and others to achieve efficient use of water resources and effective management of water quality in the Upper Deschutes Basin. century and between 18% and 43% by the end of the century. LAVA SPONGE Deschutes county is fortunate to be underlain on the Western side by relatively young volcanic lava sponge. This sponge is highly porous and is able to absorb large quantities of water during the wet season and gradually release it It is important to underscore that the primary via abundant springs along the eastern slope. waterresourcemanagement_ process occurs -- The great advantage this provides is that the - - outside of the state land use planning system. resulting summer flows into the Deschutes Oregon land use and water management are not integrated; there are no overarching administrative rules that consider statewide water management in conjunction with land use planning. The Deschutes aquifer has a recharge rate of roughly 3 million acre feet per year. The current water usage comes to roughly 720 thousand acre feet per year. Roughly 40 to 50 thousand acre feet of that water goes toward municipal and non-agricultural use, while the remaining goes toward crop and pasture irrigation. The majority of that municipal water use goes towards outdoor watering (gardens, sports fields, etc.). As an example: the City of Bend uses 5 times as much water in the summer as in the winter. SNOWPACK Although there is expected to be a slight increase in winter precipitation by the middle of the century, snowpack is expected to decline throughout the Cascades. The decline in snowpack (which has already been observed, see figure below)' is due largely to increasing temperatures causing some precipitation to fall as rain rather than snow. This has the double effect of decreasing snowfall and melting the previously fallen snow. At the Mt Bachelor Ski Resort, April snowpack is expected to decline between 11 % and 18% by the middle of the 1 Adapted from Mote, P.W., Li, S., Lettenmaier, D.P. et al. Dramatic declines in snowpack in the western US. npj Clim Atmos Sci 1, 2 (2018). https://doi.org/l0.1038/s41612-018-0012-1 basin are not as dependent on overground flow of snowmelt, and therefore are expected to maintain a relatively stable water supply even as snowpack decreases into the next century. `• ZH The groundwater aquifer is roughly 1000 feet thick and is replenished yearly by the Cascades' precipitation. Recent years of "exceptional drought" have lowered the aquifer level by roughly 30 feet, resulting in a small percentage of wells running dry, and raising concerns about available groundwater for new developments. Although it is likely that some wells will need to be deepened to cope with increasing temperatures and drought frequency, there is likely to remain ample sustainable groundwater supply. Average Snowpack Bachelor Base Village on April 5-6 1 Deschutes County comprehensive Plan Natural Resources Because the groundwater in the Deschutes Basin is directly connected to the flow of the Deschutes River, all additional groundwater use must be mitigated by decreased use of groundwater elsewhere through the Oregon Water Resources Department's Deschutes Groundwater Mitigation program. This can include retiring of other water rights, or the release of water into the waterway. A mitigation permit must be obtained before a new groundwater right can be accessed. z Generally, groundwater quality in Deschutes County is generally classified as being'good,' providing high quality drinking water to most of its residents. However, several productive aquifers lie in shallow alluvial sediments that are vulnerable to contamination from human activities and development. The Department of Environmental Quality (DEQ) Laboratory and Water Quality Divisions' Groundwater Quality Report for the Deschutes Basin (March 2006) identifies areas of concern for groundwater contamination based on various sources of data and groundwater quality studies. Based on collected data, development patterns and the geology of the underlying aquifer, the report makes recommendations for a couple of areas in the County. The report notes the groundwater aquifer in the Redmond area is vulnerable to contamination from human activities and recommends further study by the DEQ. The La Pine aquifer in the southern portion of the county from the Sunriver area to the Klamath County line between Newberry Caldera and the Cascades is an area of particular concern because of data collected through several studies and the high level of development in the area. The report also identifies underground injection systems that could contaminate the aquifer with pollutants from stormwater drywells or sewage drillholes. In South Deschutes County, the concern for groundwater quality arises from nitrate 2 Information from the Oregon Water Resources Board Mitigation Program. 5-7 1 Deschutes County Comprehensive Plan Natural Resources contamination associated with on -site Little Deschutes Sub -basins have abundant, wastewater treatment (septic) systems natural sources of phosphorus from volcanic discharging to the shallow unconfined aquifer. soils and rocks so the rivers are naturally The issue is small lots with highly permeable nitrogen limited. Nitrogen -limited rivers are rapidly draining soils and a high groundwater sensitive to low concentrations of available table with relatively cold water temperatures. nitrogen until some other component becomes Combined with the fact that the majority of lots limiting, and that may lead to ecological impacts. are served by on -site wastewater treatment . systems and individual wells, concern arose In 2008 the County used the research on nitrates that nitrates from the septic systems could to adopt a'local rule that required South County contaminate local wells the river system. - residents to convert heir_septic_ systems over a period of 14 years to alternative sewage Considerable work has gone into studying the groundwater in South County. In 1999 Deschutes County and the Department of Environmental Quality (DEQ) identified the need for a better understanding of the processes that affect the movement and chemistry of nitrogen in the aquifer underlying the La Pine area. In response, the U.S. Geological Service (USGS), in cooperation with Deschutes County and DEQ, began a study to examine the hydrologic and chemical processes that affect the movement and chemical transformation of nitrogen within the aquifer. A primary objective was to provide tools for evaluating the effects of existing and future residential development on water quality and to develop strategies for managing groundwater quality. Field research from the USGS study shows that in a 250-square-mile study area near La Pine the groundwater underlying the La Pine sub -basin is highly vulnerable and being polluted by continued reliance on traditional onsite systems. Environmental impacts from residential development include higher nitrate concentrations in groundwater that is tapped for domestic water supply and discharges to rivers. Nitrates are regulated by the federal Environmental Protection Agency and DEQ as a human health concern. Vulnerability of the shallow aquifer to contamination led to concern that wastewater from septic systems poses a threat to the primary drinking water supply and local river systems. The Upper Deschutes and system technology designed to reduce nitrates. New septic systems were also required to use alternative technologies. The County created a process to assist residents in funding the conversions. Many South County residents expressed concern over the costs involved with converting their septic systems and disputed the science behind the rule. Placed on the ballet by petition, the local rule was rescinded by voters in March 2009. As of 2010 the DEQ is leading the effort to address nitrates in South County, with the full cooperation of the County. One solution being considered is creating a sewer system or extending Sunriver's to serve some of the nearby areas. Sewer systems are tightly restricted on rural lands by Statewide Planning Goal 11 and OAR 660-11, so the Department of Land Conservation and Development is also involved in these efforts. RESERVOIRS The majority of the irrigation in Deschutes County comes from reservoirs. These reservoirs are primarily spring fed from the Cascades. Reservoirs serve the dual purpose of supplying water for irrigation and ensuring sufficient streamflow in the lower Deschutes River. Regional droughts in recent years have resulted in lower water levels in these reservoirs. 5-8 1 Deschutes County Comprehensive Plan Natural Resources ALGAL BLOOMS Algal blooms have been a problem for recreational lakes in the cascade mountains in recent years. Since 2007, the Wickiup Reservoir, Crane Prairie Reservoir, and Paulina Lake have experienced algal or bacteria blooms that required a health advisory.3 y Community Considerations Natural resources for recreation, passive enjoyment, habitat protection, and economic production are a fundamental part of life in Deschutes County, and as such were a key part of the community conversation in this Comprehensive Plan update. Highlights of this conversation include: Although not all algal blooms are toxic, they interfere with recreation and aesthetic • Concern about the ability of the County's enjoyment. In general, algal blooms are caused water supplyto accommodate more -- by elevated nutrients, elevated temperature, residents, visitors, and water -intensive jobs and still water. Algal blooms in other parts of in the future the state have led to drinking water concerns, • Interest in a re-evaluation of water rights but Deschutes County cities are supplied by for urban, agricultural, and "hobby farm" groundwater and so the risk in algal blooms is uses. mainly to recreation. • A robust discussion around wildlife inventories, habitat conservation, open space regulations, and impacts on private property owners. The topic of habitat conservation and water availability came up frequently, with most participants saying that further protections are needed. However, there was also recognition of the burden these protections may put on property owners. Deschutes County does not have the authority or expertise to reevaluate water rights as part of its land use planning efforts, leading the County to instead work with the Oregon Department of Water Resources, irrigation districts, and holders of water rights to increase the efficiency of water distribution throughout the community. 3 hopsWwww.oregon.gov/oha/PH/HEALTHYENVIRONMENTS/ RECREATION/HARM FULALGAEBLOOMS/Pages/archive.aspx 5-9 1 Deschutes County Comprehensive Plan Nat,v,wal Resources Goals and Policies Goal 5.2: Increase water conservation efforts. Water Goals and Policies Policy 5.2.1. Support efficient water use through targeted conservation, educational Goal 5.1: Support regional, comprehensive water and, as needed, regulatory or incentive management solutions that balance the diverse programs. needs of water users and recognize Oregon water law. a. Encourage new development incorporates efficient water use practices for all water Policy 5.1.1. Participate in Statewide and uses. regional water planning including, but not limited to: - - b. Encourage the _reuse _of grey water for landscaping. a. Work cooperatively with appropriate federal, state, tribal and local agency resource managers, such as The Confederated Tribes of the Warm Springs Reservation of Oregon, the Oregon Water Resources Department (OWRD), irrigation districts, and other stakeholders and nonprofit water organizations, such as the Deschutes Basin Water Collaborative, the County Soil and Water Conservation District; b. Support the development and implementation of Upper Deschutes Basin Study, Habitat Conservation Plan, and Biological Opinion from National Marine Fisheries Service for the middle and lower Deschutes Rivers. Policy 5.1.2. Support grants for water system infrastructure improvements, upgrades, or expansions. Policy 5.1.3. Develop better understanding of The Confederated Tribes of the Warm Springs Reservation of Oregon's treaty - protected rights to co -manage the water resources of the Deschutes Basin. c. Encourage and educate the community about the relative impacts of thinning or reduction of plant species that adversely impact forest health, water availability, and soil quality. d. Encourage and educate the community about on -farm efficiency measures, including upgrades to equipment. e. Encourage and educate the community about use of voluntary metering of water use to monitor seasonal impacts on water use. f. Provide access to educational materials and tools related to water conservation including publications, information about grant opportunities, and/or partner with organizations on educational events. g. Encourage and educate community members on stewardship of wetlands and waterways. h. Provide access to educational materials about water -wise gardening and xeriscaping. Policy 5.2.2. Promote coordinated Policy 5.1.4. Encourage state agencies to regional water conservation efforts and identify local areas of concern for water implementation by regional, tribal, and availability and explore additional regulations local organizations and agencies, including or requirements to ensure water capacity is increasing public awareness of and not negatively impacted by development. implementing water conservation tools, incentives, and best practices. 5-10 1 Deschutes County Comprehensive Plan Policy 5.2.3. Support conservation efforts by irrigation districts, property owners and other water users, including programs to provide incentives for water conservation, such as piping of canals and laterals, water banking, exchanges of water rights, voluntary transfers of in -stream flows, onsite efficiency f. In collaboration with appropriate federal, state, tribal and local agency resource managers stakeholders, map channel migration zones and identify effective protections; g. Develop comprehensive riparian management or mitigation practices that measures, and other means. enhance ecosystems, such as criteria for removal of vegetation that adversely Goal_5.3: Maintain and enhance a healthy _ impacts -water -availability and soil health. ecosystem in the Deschutes River Basin. Policy 5.3.1. Notify the Oregon Department of State Lands, The Confederated Tribes of the Warm Springs Reservation of Oregon, and other state and federal agencies as appropriate -of any development applications for land within a wetland identified on the statewide wetland inventory maps. Policy 5.3.2. Work with The Confederated Tribes of Warm Springs Reservation of Oregon and other federal, state, and local agency resource managers to restore, maintain and/or enhance healthy river and riparian ecosystems and wetlands, including the following: a. Cooperate to improve surface waters, especially those designated water quality impaired under the federal Clean Water Act; b. Support research on methods to restore, maintain and enhance river and riparian ecosystems and wetlands; c. Support restoration efforts for river and riparian ecosystems and wetlands; d. Inventory and consider protections for cold water springs; e. Evaluate waterways in coordination with OPRD for possible designation under the Scenic Waterways program; Policy 5.3.3. Support studies of the Deschutes River ecosystem and incorporate strategies from current watershed studies that provide new scientific information and indigenous knowledge about the Deschutes River ecosystem. Policy 5.3.4. Support educational efforts and identify areas where the County could provide information on the Deschutes River ecosystem, including rivers, riparian areas, floodplains and wetlands. a. Support efforts to educate property owners to understand regulations pertaining to rivers, riparian areas, floodplains and wetlands. Policy 5.3.5. Revisit recommendations of 1996 Upper Deschutes Wild and Scenic River and State Scenic Waterway Comprehensive Plan, or its successor, and consider implementation of voluntary recommendations into the county code Goal 5.4: Maintain and enhance fish and riparian -dependent wildlife habitat. Policy 5.4.1. Coordinate with The Confederated Tribes of Warm Springs Reservation of Oregon and other federal, state, and local agency resource managers and stakeholders to protect and enhance fish and wildlife habitat in river and riparian habitats and wetlands. 5-11 1 Deschutes County Comprehensive Plan Natural Resources Policy 5.4.2. Promote healthy fish populations through incentives and education. Policy 5.4.3. Support healthy native salmonid fish populations through coordination with stakeholders, including, but not limited to, The Confederated Tribes of the Warm Springs Reservation of Oregon and other federal, Policy 5.4.6. Support plans, cooperative agreements, education, water quality monitoring and other tools that protect watersheds, reduce erosion and runoff, enhance riparian vegetation, and protect other natural or engineered water systems/ processes that filter and/or clean water and improve and/or and preserve water quality. state, and local agency resource managers Policy 5.4.7. Coordinate with the Oregon - who provide fish habitat management and - Department of Environmental Quality and -- restoration. a. Review, and apply where appropriate, strategies for protecting fish and fish habitat for native salmonid species. b. Promote native salmonid species recovery through voluntary incentives and encouraging appropriate species management and associated habitat conservation and restoration. Policy 5.4.4. Update and implement policies to support federally approved Habitat Conservation Plans for species listed under the Endangered Species Act a. Spawning and rearing areas for salmonid species should be considered significant habitat and should be protected in rivers and streams. b. Cooperate with covered parties in restoring or enhancing spawning and rearing areas for salmonid species, where feasible. c. Support efforts to address riparian restoration associated with streamflow management under approved plans. Policy 5.4.5. Use a combination of incentives and/or regulations to avoid, minimize, and mitigate development impacts on river and riparian ecosystems and wetlands. other stakeholders on regional water quality maintenance and improvement efforts such as identifying and abating point (single - source) and non -point (unidentified or multiple -source) pollution or developing and implementing Total Maximum Daily Load and Water Quality Management Plans. Policy 5.4.8. Coordinate with The Confederated Tribes of Warm Springs Reservation of Oregon and other federal, state, and local agency resource managers to address water -related public health issues. a. Support amendments to State regulations to permit centralized sewer systems in areas with high levels of existing or potential development or identified water quality concerns. b. If a public health hazard is declared in rural Deschutes County, expedite actions such as legislative amendments allowing sewers or similar infrastructure. Policy 5.4.9. Continue to evaluate and/or implement regulations, such as a wellhead protection ordinance for public water systems, in accordance with applicable Federal and/or State requirements. Policy 5.4.10. Coordinate and work with the Oregon Department of Agriculture, agricultural uses, and available voluntary programs to support and implement proven new technologies and best practices to maintain and enhance water quality, 5-12 1 Deschutes County Comprehensive Plan Natural Resources such as minimizing nitrate contamination, maintaining streamside vegetation, reducing streambank soil erosion and runoff, reducing fish passage barriers, managing return flows, limiting livestock access to riparian areas, and minimizing weeds and bare patches in grazing areas. Policy 5.5.5. Coordinate with the irrigation districts to ensure -Irrigated land partitions and lot line adjustments are not approved without notice to the affected district. Policy 5.5.6. Utilize Central Oregon Stormwater Manual to apply appropriate stormwater management practices land use. Policy 5.4.11. Support regulations, education decisions. programs, and cleaning procedures at public and private boat landings. - - _Policy 5.5.7. Allow for development of wastewater facilities and improvements Goal 5.5: Coordinate land use and water policies where needed or required to address water to address management and allocation of water quality issues and maintain water quality, consistent with state and local wastewater in Deschutes County. system requirements. Policy 5.5.1. Coordinate with other affected agencies when a land use or development application may impact rivers or riparian ecosystems or wetlands. Policy 5.5.2. Regulate land use patterns and promote best practices to preserve the integrity of the natural hydrologic system, recognize the relationship between ground and surface water, recognize basin -wide impacts, and address water impacts of new land uses and developments, including water -intensive uses. Policy 5.5.3. Support OWRD's efforts to update and modernize Oregon's groundwater allocation rules and policies to protect existing surface water and groundwater users and to maintain sustainable groundwater resources. Policy 5.5.4. Support efforts by the OWRD in collaboration with Central Oregon Cities Organization, The Confederated Tribes of the Warm Springs Reservation of Oregon, and non -governmental organizations to revisit the Deschutes Basin Groundwater Mitigation Program. Open .«Goals Policies Goal 5.6: Coordinate with property owners to protect open spaces, scenic views, and scenic areas and corridors through a combination of incentives and/or educational programs. Policy 5.6.1. Work with stakeholders to create and maintain a system of connected open spaces while balancing private property rights with community benefits. Policy 5.6.2. Work to maintain the visual character and rural appearance of open spaces such as the area along Highway 97 that separates the communities of Bend and Redmond or lands that are visually prominent. - Policy 5.6.3. Work to maintain and protect the visual character and rural appearance of visually prominent open spaces within the County, particularly those that are identified in the Goal 5 inventory. Policy 5.6.4. Seek to protect the cultural identity of rural communities, such as the Highway 97 area/corridor between Bend and Redmond, and others. 5-13 1 Deschutes County Comprehensive Plan Naturall Resources Policy 5.8.2. Coordinate with stakeholders to ensure access to appropriate recreational opportunities within significant wildlife and riparian habitat through public or non-profit ownership. Policy 5.8.3.Coordinate with Confederated Tribes of the Warm Springs Reservation of Oregon and State agencies to develop strategies to support sound wildlife management science and principals for the benefit of the wildlife resource. Goal 5.9: Comply with federal and state regulations related to sensitive, threatened, and endangered species, including the Endangered Species Act, the Bald and Golden Eagle Protection Act, the Migratory Bird Treaty Act, and others as applicable. Policy 5.9.1. Coordinate with Federal and State agencies to develop strategies to protect Federal or State Threatened or Endangered Species, or Species of Concern. Policy 5.9.2. Mitigate conflicts between large- scale development and sage grouse habitat. Policy 5.9.3. Consider adopting recommendations from Oregon Department of Fish and Wildlife, the Confederated Tribes of the Warm Springs Reservation of Oregon, and the Deschutes River Mitigation and Enhancement Program in dock construction. Goal 5.10: Maintain and improve upon the quality of air and land in Deschutes County. Policy 5.10.1. Use building techniques, materials, and technologies in existing and future County operations and capital facilities that help maintain and improve environmental quality. Policy 5.6.5. Protect significant open spaces, scenic views, and scenic sites by encouraging new development to be sensitive to these resources. Policy 5.6.6. Incentivize the placement of structures in a way that is sensitive of view corridors to maintain the visual character of the area. Goal 5.7:Maintain and enhance a diversity of wildlife and habitats. Policy 5.7.1. Promote stewardship of wildlife habitats through incentives, public education, and development regulations. Policy 5.7.2. Ensure Goal 5 wildlife inventories and habitat protection programs are up-to-date through public processes, expert sources, and current or recently adopted plans and studies. Policy 5.7.3. Provide incentives for new development to be compatible with and to enhance wildlife habitat. Policy 5.7.4. Require, incentivize, or encourage clustering of development in inventoried wildlife areas to reduce impacts to wildlife populations. Policy 5.7.5.Develop better understanding of The Confederated Tribes of the Warm Springs Reservation of Oregon's treaty - protected rights to co -manage the wildlife resources of the Deschutes Basin. Goal 5.8: Balance protection of wildlife and habitat with the economic and recreational benefits of wildlife and habitat. Policy 5.8.1. Encourage responsible and sustainable wildlife related tourism and recreation. Deschutes County Comprehensive Plan Policy 5.10.2. Implement a dark skies educational and or incentive program and periodically update the Dark Skies ordinance to reduce the impacts of light pollution and reduce lighting impacts on adjacent properties. Policy 5.10.3. Coordinate with agency partners to educate residents about controlled burning projects and air quality Policy 5.10.4. Use public education, education for County departments, and regulations to control noxious weeds and invasive species. Goal 5.11: Promote sustainable building practices that minimize the impacts of development on the natural environment. Policy 5.11.1. Use the County Code and educational materials to promote the use of resource -efficient building and landscaping techniques, materials, and technologies that minimize impacts to environmental quality. Policy 5.11.2. Encourage and support reuse and recycling of consumer goods, green waste, construction waste, hazardous waste, and e-waste through education and enhanced recycling opportunities through the Recycling Program. Policy 5.11.3. Support the process for siting new County solid waste management facilities in rural Deschutes County, consistent with facility needs and County standards for the location and approval of such facilities. Policy 5.11.4. Implement best practices in solid waste management throughout the County. Policy 5.11.5. Develop and implement a Climate Action Plan to address the potential future impacts of climate change on Deschutes County through incentives and/or regulations. Policy 5.11.6. Promote and incentivize green infrastructure in new development to improve stormwater management. 5-15 1 Deschutes County Comprehensive Plan opportunities, Challenges, and Considerations Deschutes County is a certified local government (CLG), as designated by the State of Oregon Historic Preservation Office. This certification recognizes the County's commitment to implementing and maintaining a formal historic resources program. Deschutes County has 13 nationally registered historic and cultural sites and 35 locally significant historic sites. The County currently administers grant programs and zoning requirements to preserve and restore these sites. Deschutes County owns the National Register listed Reid School and invests in supporting the Deschutes County Historical Society as a research and educational facility through a zero -cost lease and maintenance support for the purposes of running the museum and research center. 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, The Statewide Goal and OAR recommend cities and counties inventory and protect historic and cultural sites. Recognizing the value and importance of having a connection to our past, Deschutes County chose to implement and maintain a historic preservation program and Historic Preservation Strategic Plan (Adopted 2022). The 2022 Historic Preservation Strategic Plan identified three overarching goals to guide historic and cultural resource preservation in Deschutes County: collaborate, coordinate, and educate. The plan identifies opportunities to strengthen relationships between historic preservation and community partners, and to involve community members in historical and cultural preservation efforts. Improving access to historic resource information and providing content in an easily accessible format will be paramount to preservation efforts and increase community appreciation for resources. Along with improved educational resources, more outreach and education opportunities could be explored. Deschutes County has several partners involved in drafting and implementing this strategic plan - those partners include the Deschutes County Historical Society, High Desert Museum, Archaeological Society of Central Oregon, Three Sisters Historical Society, and Redmond Historical Society. 6-12 1 Deschutes County Comprehensive Plan ffistoric and Cufturall Resources cultural resources are both important. A county -wide historic and cultural resource signage program was also suggested. The community shared an interest in capitalizing on the High Desert Museum to continue to support indigenous culture and Central Oregon's history. Context Deschutes County has several notable historical and cultural sites. These sites receive special protections to avoid land use or development activity that may disturb the historical and cultural resources existing on site. Key Community Considerations As part of the 2023 Comprehensive Plan update, community members shared their vision for the protection of historic and cultural resources. Comments included: The importance of county -wide LOCALLY SIGNIFICANT HISTORIC SITES coordination on cultural and historic, as Deschutes County has 35 locally significant sites well as increased representation of the including cemeteries, ranches, dams, bridges, indigenous history of Central Oregon. schools, and granges among numerous historic Acknowledging previous landowners and homesteads and homesites. The State of Oregon preserving the County's historical and has initiated a process to identify culturally significant archaeological sites and sites of indigenous importance. This process will likely be incorporated into the County's local inventory by 2029. NATIONALLY REGISTERED SITES Deschutes County has 13 sites that have completed the national register process, including highways, bridges, lodges, and rock gardens. Deschutes County Comprehensive Plan Histork and Cultural Resources Goal 6.1: Promote the preservation of designated historic and cultural resources through education, incentives, and voluntary programs. Policy 6.1.1. The Historic Landmarks Commission shall take the lead in promoting historic and cultural resource preservation as defined in DCC 2.28. a. Support incentives from the State Historic Preservation Office (SHPO), The Confederated Tribes of the Warm Springs Reservation of Oregon Tribal Historic Preservation Office (THPO), or other agencies 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. d. Support the goals, objectives, and actions of the Historic Preservation Strategic Plan. Policy 6.1.2. Coordinate cultural and historic preservation with the Oregon State Historic Preservation Office Office and The Confederated Tribes of the Warm Springs Reservation of Oregon Tribal Historic Preservation Office. a. Maintain Deschutes County as a Certified Local Government, which includes the City of Sisters. Policy 6.1.3.Encourage private property owners to coordinate with the State Historic Preservation Office and The Confederated Tribes of the Warm Springs Reservation of Oregon Tribal Historic Preservation Office. Coordinate with The Confederated Tribes of the Warm Springs Reservation of Oregon, Burns -Paiute Tribe, Klamath Tribes, Archaeological Society of Central Oregon, and SHPO to adopt a program to identify and protect archaeological and cultural resources, as appropriate, and prevent conflicting uses from disrupting the value of known sites. 6-14 1 Deschutes County Comprehensive Plan Opportunities, Challenges, and Considerations Central Oregon is a dynamic region formed and shaped by the powerful forces of nature. Deschutes County residents and visitors rely on the County and its partners to plan for_hazardous events and limit harm to people and property. Continued rapid population growth, development in wildfire -prone areas, and an increased frequency of natural hazard events make planning for and mitigating risks ever more important. As temperatures rise globally, Central Oregon will face challenges due to drought, wildfire, heat events, and storms. The impacts a major Cascadia Subduction Zone earthquake would have on Deschutes County would be substantial as well. In order to plan for and address natural hazards, Deschutes County has partnered with local jurisdictions to create its Natural Hazards Mitigation Plan (NHMP). Additional opportunities exist to create greater defensible spaces, encourage fire hardening, utilize grant programs, and pursue education measures to reduce these impacts over time. According to the NHMP, the hazards with greatest risk in Deschutes County are: Winter Storm. Destructive storms producing heavy snow, ice and cold temperatures occurred throughout the County's history. Increases in population and tourism make potential impacts to shelter, access to medical services, transportation, utilities, fuel sources, and telecommunication systems more acute. The relative frequency of these events combined with their widespread impacts make winter storms the highest -ranked hazard in the NHMP. Wildfire. Historically, wildland fires have shaped the forests and wildlands valued by residents and visitors. These landscapes, however, are now significantly altered due to increased rural development, warmer and dried conditions, and a general lack of large-scale treatments due to outdated forest management practices, resulting in increased event of wildfires that burn more intensely than in the past. 7.2 1 Deschutes County Comprehensive Plan NaturM Hazards Windstorm. A windstorm is generally a short duration event involving straight- line winds and/or gusts in excess of 50 mph. Although windstorms can affect the entirety of Deschutes County, they are especially dangerous in developed areas with significant tree stands and major infrastructure, especially above ground utility lines. earthquakes. Such an event would impact Deschutes County communities both directly through damage to infrastructure and property, as well as economically and socially as the broader region recovers from the disaster. Context Informed by an understanding of natural • Drought. Periods of drought can have hazards, Deschutes County can reduce the risks significant impacts on public health, to property, environmental_ quality, and human agriculture, and industry. Many counties safety through land use planning and review of in eastern Ore on are ex eriencin more specific development proposals. The County's g p g frequent and severe droughts than is historically the norm, and many climate predictions see this trend continuing into the future. • Earthquake. The Pacific Northwest is located at a convergent plate boundary, called the Cascadia Subduction Zone, where the Juan de Fuca and North American tectonic plates meet. This fault line is subject to rare but potentially very large policies provide the framework for the County's natural hazards review program. This includes: identification of areas subject to natural hazards, regulations for evaluating land use actions for how they may result in exposure to potential harm from natural hazards, and programmatic elements including partnerships and funding opportunities to support natural hazard risk reduction. Deschutes County has taken on a number of proactive projects, including: • 2021 Natural Hazards Mitigation Plan (NHMP) • 2019 Wildfire Mitigation Advisory Committee • Project Wildfire, a County -led wildfire education and mitigation program has been in operation since 2012 and has been very successful in changing attitudes towards wildfire and prevention. • Community Wildfire Protection Plans (CWPP) for many communities, including: Greater Bend CWPP (2016, expected revision 2021) Greater La Pine CWPP (2020, expected revision 2025) Greater Redmond CWPP (2018, expected revision 2023) Greater Sisters Country CWPP (2019, expected revision 2024) 7-3 1 Deschutes County Comprehensive Plan Natural Hazards Sunriver CWPP (2020, expected revision 2025) East and West Deschutes County CWPP (2018, expected revision 2023) Upper Deschutes River Coalition CWPP (2018, expected revision 2023) In addition, dozens of neighborhoods are pursuing or have received FireWise certification through the National Fire Protection Association. The County also supports the -Heart -of Oregon and Youth Conservation Corps crews in fuels reduction work and other mitigation efforts, with financial assistance from other entities. �i According to the Natural Hazards Mitigation Plan, wildfire is the second most significant hazard to the county (after winter storms) and was the most discussed natural hazard discussed during outreach events. Throughout the 201n century, the years with warm and dry conditions corresponded with larger fires that have burned greater areas. Overall increases in heat will also lengthen growing seasons - building greater fuel loads and decreasing soil and fuel moisture, thereby increasing the likelihood of larger fires. By mid-century, the annual potential for very large fires is projected to increase by at least 350% over the 20t" century average.' The annual frequency of very high and extreme fire danger days is expected to increase by 10-15 additional days per year by mid-century4 (up from 36 currently). These trends are due to exacerbated conditions with a combination of high air temperatures and very low fuel moisture, which increases the likelihood of fire starts that can spread. As Deschutes County - communities have experienced, increased fire activity - even at quite a distance - will impact air quality, increasing public health risks and impacting aspects of everyday life. Research indicates that in regions where fire has moved through the landscape with increased severity, regrowth is changing the species composition of the forests, which are likely to be more resilient to future fires. 2 Other compounding factors, like drought and pest outbreaks, will continue to build fuel loads in the forests and change the forest's composition. Post -fire landscapes in Deschutes County will likely see increases in the prevalence of invasive and pioneer tree species, and a reduction in fire - susceptible species such as western hemlock, subalpine fir, and some spruce. Fire resistant species like mature Douglas fir and western larch will have greater survival capacity to fire,' but perhaps not to other stressors. Larger fires that occur over shorter intervals will negatively impact seed dispersion capacity, and reduced moisture available in ponderosa forest regions will be vulnerable to reforestation failures, leading to conversion to other ecosystem types. In the mountain forests, the average yearly area burned is expected to nearly double by mid- century, while the area burned in the grass/ shrub plateau areas is likely to decrease slightly by mid-century. This is partly due to extended 1 Halofsky, J. Peterson, D, Harvey, B. "Changing Wildfire, changing forests: the effects of climate change on fire regimes and vegetation in the Pacific Northwest, USA. Fire Ecology. 2020. 2 Sebastian U. Busby, Kevan B. Moffett, Andres Holz. High severity and short interval wildfires limit forest recovery in the Central Cascade Range. Ecosphere, 2020; 11 (9) DOI: 10. 1 002/ecs2.3247 3 6 Halofsky et al. 2020. 7-4 1 Deschutes County Comprehensive Plan Natural Hazards drought decreasing plant growth and therefore available fuel. The risk of unusually severe fires is expected to increase across large swaths of Oregon, including Deschutes County.4 WILDFIRE AND HEAT B th 'ddl f this cent" increasin Under all change projections, there will be an increase in the number of days with a heat index above both 90' and 100°F by mid-century.8 By 2100, Deschutes County can expect summer maximum temperatures to be 120F hotter than current highs. Overall, extreme heat is not y e ml e o ry, g considered a human health risk in Deschutes temperatures are expected to drive increasing County because of low night temperatures wildfire risk, especially in the Cascades. The and the low humidity in the region. However, yearly percentage of area burned is likely to the Redmond airport, which sees the hottest increase in the mountains and the interval temperatures in the county, will likely start to see of return (years between fires) is expected to occasional temperatures above 105' every few decrease across the county. Both the highest and lowest summer temperatures will increase, leading to more extreme heat days and reducing the historical nighttime cooling effect of the high desert. years by mid-century, and at least once a year by 2100. In addition, summer night lows are likely to increase by up to 5° degrees by mid-century, reducing the cooling effect of the high desert climate. 2023 2070 Oregon Forest Resources Institute Fact Sheet 7-5 1 Deschutes County Comprehensive Plan Natural Hazards Key Community Considerations Community conversations related to natural hazards have centered around the following topics: Impacts of Climate Change. Throughout the community engagement process, community members spoke to the importance of recognizing and addressing the impacts of climate change in Deschutes county ana Its relationsnip wim naLurai hazard events. • Education and Communication. Providing information about potential risks to residents and visitors can help the community as a whole be more prepared for natural hazards. • Development Code Regulations and Incentives. Some community members expressed a desire for stricter regulations and additional incentives about "fire - wise" construction and defensible space practices. • limiting Development in hazard -prone areas. Increased development in remote areas of the County, where life-saving services may be scarce and human impacts may exacerbate risks, was a concern for some. 7-6 1 Deschutes County Comprehensive Plan Goals and Policies Goal 7.1: Develop policies, partnerships, and programs to increase resilience and response capacity in order to protect people, property, infrastructure, the economy, natural resources, and the environment from natural hazards. Policy 7.1.1. Partner with county, state, and regional partners to regularly update and Policy 7.1.10. Support local fire protection districts and departments in providing and improving fire protection services. Policy 7.1.11. Continue to review and revise County Code as needed to: a. Ensure that land use activities do not aggravate, accelerate or increase the level of risk from natural hazards. implement the Deschutes County Natural b. Require development proposals to - ---- Hazards Mitigation Plan. include an impact evaluation that reviews Policy 7.1.2. Collaborate with federal, the ability of the affected fire agency to state, and local partners to maintain maintain an appropriate level of service to updated mapping of high wildfire risk areas, existing development and the proposed floodplains, and other natural hazard areas development. within the county. Policy 7.1.3. Communicate and cooperate with federal, state, and local entities to clarify responsibilities regarding wildfire mitigation and suppression to improve fire protection services. Policy 7.1.4. Use the development code to provide incentives and regulations to manage development in areas prone to natural hazards. Policy 7.1.5. Work with agency partners to address and respond to increased episodes of poor air quality resulting from wildfires in the region. Policy 7.1.6. Protect wildlife with wildland fire mitigation measures on private lands. Policy 7.1.7. Address wildfire risk, particularly in the wildland urban interface. Policy 7.1.8. Identify all areas not protected by structural fire protection agencies and promote discussions to address fire protection in unprotected lands in the County. Policy 7.1.9. Support forest management practices that reduce wildfire risk. Minimize erosion from development and ensure disturbed or exposed areas are promptly restored to a stable, natural and/or vegetated condition using natural materials or native plants. d. Ensure drainage from development or alterations to historic drainage patterns do not increase erosion on -site or on adjacent properties. e. Reduce problems associated with administration of the Floodplain Zone. f. Require new subdivisions and destination resorts to achieve FireWise Standards or other currently accepted fire mitigation standards from the beginning of the projects and maintain those standards in perpetuity. Goal 7.2: Ensure the County's built environment and infrastructure are adequately prepared for natural disasters. Policy 7.2.1. Increase the quality, resiliency, diversity, and redundancy of utility and transportation infrastructure to increase chances of continued service following a natural disaster. 7-7 1 Deschutes County Comprehensive Plan Natural Hazards Policy 7.3.2. Increase outreach and education for hazard awareness and natural disaster preparedness, especially for low- income, elderly, non-English speaking, and other vulnerable populations. Policy 7.3.3. Expand partnerships with government agencies, utilities, and other groups that can help Deschutes County residents prepare for natural disasters. Policy 7.3.4. Work with regional partners to establish and maintain adequate support for a Deschutes County Community Emergency Response Team (CERT) to aid in responding to natural hazard events. Policy 7.3.5. Promote and support business resilience planning. Policy 7.2.2. Prohibit the development of new essential public facilities and uses that serve vulnerable populations from being located within areas at high risk of flooding and wildfire, and aim to relocate existing uses in these areas. c. Continue to coordinate with stakeholders and agency staff to correct mapping errors. Goal 7.3: Develop programs that inform the public about the increased risks from natural Policy 7.2.3. Support siting of Central Oregon hazards. Ready, Responsive, Resilient (CORE3) regional Policy 7.3.1. Identify high risk, high need coordinated emergency services training populations and ensure equitable access facility. - -- - to emergency preparedness and recovery___ services. Policy 7.2.4. Coordinate with emergency service providers when new development is proposed to ensure that response capacity can meet the needs of the new development. Policy 7.2.5. Require new development to follow home hardening, defensible space, and other resilient design strategies in areas prone to wildfires and other natural hazards Policy 7.2.6. Encourage and incentivize development that exceeds minimum building code standards and promote retrofitting of existing development for better natural disaster resiliency. Policy 7.2.7. Require development to be designed to minimize alteration of the natural landform in areas subject to slope instability, drainage issues or erosion. Policy 7.2.8. Regulate development in designated floodplains identified on the Deschutes County Zoning Map based on Federal Emergency Management Act regulations. a. Continue evaluation of participation in and implementation of the Community Rating System as part of the National Flood Insurance Program. b. Cooperate with other stakeholders to identify alternatives for acquiring and/ or relocating existing structures prone to flooding. Deschutes County Comprehensive Plan Opportunities, Challenges, and Considerations Recreation is an important quality of life issue for Deschutes County and recreational tourism is a key part of the local economy. Both residents and visitors are drawn by the County's extensive public Lands, seasonal climate, and wide variety of activities an - - settings. Recreational opportunities include places set aside for specific activities such as campgrounds or sports fields as well as passive spaces such as natural areas. The primary focus of recreation in rural Deschutes County is outdoor recreation. Outdoor activities promote healthy communities by encouraging people to enjoy an active lifestyle and by providing opportunities to reconnect with the natural world. Deschutes County does not have a parks The health of the County's recreational assets department; instead, it coordinates with the and industry is inexorably tied to the health federal and state agencies, local park districts, of the land, forests, and waterways of Central and private entities that provide park and Oregon. The effects of human activity - from recreational opportunities. Coordination development pressures and overuse of assures that resources are used efficiently, and recreational facilities to resource extraction and duplication is avoided. With a holistic view of climate change - will have a significant impact on recreation in Deschutes County, the County can recreation in Deschutes County. Some of these also provide other agencies and jurisdictions impacts include: with guidance for service gaps to fill. • Changes in precipitation affecting the timing and conditions for winter sports • Loss of habitat • Wildfire and risk of wildfire limiting recreational access • Increased number of dangerously warm days The health of the County's recreational assets and industry is inexorably tied to the health of the land, forests, and waterways of Central Oregon. The effects of human activity - from development pressures and overuse of recreational facilities to resource extraction and 8-2 1 Deschutes County Comprehensive Plan climate change - will have a significant impact on Winter Sports recreation in Deschutes County. Snow sports are a significant component of There are several environmental concerns that recreation in Deschutes County. Overall decline may affect parks and recreation in Deschutes in snow pack is expected in the coming decades, County in the future. Activities such as hiking, which will heavily impact winter sports that hunting, fishing, swimming, and foraging are rely on snowpack in the Cascades. At the Mt. an important part of recreation in Deschutes Bachelor Ski Resort, April Snowpack is expected County - these activities are likely to be impacted to decline between 11 % and 18% by the middle by future changes to the climate. of the century and between 18% and 43% by the end of the century. Additionally, inconsistent - Fishing may be impacted by drought as water snowpack buildup will increase due to more bodies warm and seasonally drop. Foraging precipitation falling as rain instead of snow animals, like deer and elk, may express throughout the season, making winter sports changing behavior like earlier -season high seasons less predictable. elevation foraging and increased interactions with agricultural communities due to drought. Summer Recreation Drought also severely reduces the prominence of fruiting fungi for annual mushroom hunters, and may increase pressure on the remaining harvest areas. Fungi are crucial to the health of the forest ecosystem, adapting and responding to changing conditions and disease. These conditions may also lead to greater frequency and severity of algal and bacterial blooms in fresh water. Algal blooms in other parts of the state have led to drinking water concerns, but Deschutes County cities are supplied by groundwater and so the risk in algal blooms is mainly to recreation - boaters, swimmers, anglers, and campers may be less motivated to visit. The summer outdoor season has additional risks from degraded to severely degraded air quality due to wildfire throughout the west coast. With degraded air quality, outdoor recreators may avoid the region, impacting regional income and generally degrading the perception of the county as a retreat to the natural world. Additionally, an increase in the frequency of very high temperature days may impact the safety and desirability of outdoor recreation. 8-3 1 Deschutes County Comprehensive Plan Recreadowi Context Deschutes County does not directly provide parks and recreation services. The only public parks the County maintains are a section of the County Fairgrounds and the Worrell Wayside in downtown Bend. Although there is no County parks department, there are County -owned properties which are designated as park lands. Parks and recreation services are provided by THE LA PINE PARKS AND RECREATION SPECIAL DISTRICT This district operates in 85 square miles and 11 parks and recreation facilities in southern Deschutes County including the City of La Pine. THE REDMOND AREA PARKS AND RECREATION SPECIAL DISTRICT The District operates five recreational facilities the following entities. including the Cascade Swim Center and extends beyond city limits to Tetherow Crossing. In2022, OREGON PARKS AND RECREATION DEPARTMENT the district received voter approval for a general OPRD owns and manages several key parks and scenic areas in the County. These include state parks such as line Falls State Scenic Viewpoint, La Pine State Park, Pilot Butte State Scenic Viewpoint, Smith Rock State Park, and Tumalo State Park. In addition, they also manage the Upper and Middle Deschutes River Scenic Waterway segments, and Cascade Lakes and McKenzie Pass-Santiam Pass Scenic Byways. THE BEND PARKS AND RECREATION SPECIAL DISTRICT (BPRD) BPRD owns and maintains approximately 3,035 acres of parkland including 81 parks and 70 miles of trails. The largest park district in the County, the taxing district follows the City of Bend Urban Growth Boundary closely, although extends past the UGB to the west and east to include several properties outside of city limits. obligation bond to build a new community center with a variety of recreational, fitness, and therapeutic activates. THE SISTERS PARK AND RECREATION SPECIAL DISTRICT Operates approximately 15 acres of land within City of Sisters city limits, including Bike Park 242, Hyzer Pines Disc Golf Course, a playground, a skatepark, and Coffield Community Center. The district boundary extends far past city limits, serving approximately 14,000 residents through programming and activities. THE U.S. FOREST SERVICE, BUREAU OF LAND MANAGEMENT Approximately 76% of the County's total land area is owned by the federal government, primarily these two agencies. Community members seek out extensive recreation activities in these areas, including skiing, mountain biking, hiking, backpacking, fishing, hunting, kayaking, and off -road vehicle riding. [stele]• NX611 •: Starting in 1994 the County received donation of several properties along rivers, creeks, or streams or with wildlife, wetlands, or other value as park lands. The intent of this donation was not to develop these lands for park use but rather to preserve lands with valuable resources, which were protected through deed restrictions. The park designation means that the lands would be retained in public ownership unless 8-4 1 Deschutes County Comprehensive Plan there was a public hearing and the Board of County Commissioners determined that selling was in the best interest of the public. ORS 275.330 governs the disposal of these lands, stating that if they are sold the proceeds must be dedicated to park or recreation purposes. As of 2009, there were approximately 70 properties designated as park lands. COUNTY FAIRGROUND AND EXPO CENTER The 132-acre County Fairground and Expo Center site is located southwest of the Redmond airport, and it is placed strategically at the hub of the tri-county area (Deschutes, Jefferson, Crook Counties). The facility is used for a variety of public and private events. Each of its lawn areas can be rented exclusively by groups for different events, which range from weddings, picnics, reunions, car shows, RV / motorcycle rallies, animal shows, and outdoor trade shows, among others. Key Community Considerations Recreation and access to nature is a key component of life in Deschutes County and a primary attraction for both residents and visitors. As part of this Comprehensive Plan update, community members noted concerns about increasing recreational use or overuse, conflicts among different users, and the need for permitting or other strategies to manage use, particularly in popular locations. Because the county does not have a parks and recreation department, community members have identified service gaps and lack of continuity of trail networks, habitat and species preservation, and land access policies. Residents are concerned with private recreation development and use of natural resources such as land and water. The tension between resource use of forest land and water, recreational use of these areas, and natural resource protection is evident among members of the community Community members also noted that it is imperative for all special districts and agencies providing park services to coordinate on integrated services. These partnerships will be key to ensure sustainable recreation and land stewardship as the County continues to grow. 8-5 1 Deschutes County Comprehensive Plan L M Goal 8.1: Increase affordable, sustainable, and diverse recreation opportunities through partnerships with government and private entities. Policy 8.1.1. Reduce barriers to regional Policy 8.1.8. Establish trail design standards and identify specific funding sources for trails as part of future transportation system planning efforts to ensure development of identified priority rural trail segments and bicycle routes. Polic 8 1 9 Ex lore creation of a Count parks and recreation projects in Deschutes y ' ' ' p y County, including acknowledgement or Parks and Recreation Department to increase adoption of federal, state and local parks the County's role in recreation and natural district trail and facility plans. resource management and implement if deemed appropriate. Policy 8.1.2. Collaborate with partners to develop a regional system of trails and open spaces, balancing recommendations from local park districts, County, state, and federal recreation plans and studies and property owner considerations, particularly for projects adjacent to farm and forest lands. Policy 8.1.3. Encourage coordination between the U.S. Forest Service, the Bureau of Land Management and recreational use interest groups to minimize environmental degradation, agricultural fragmentation and user conflicts on public and private land. Policy 8.1.4. Support the creation and improvement of accessible park and recreation opportunities in compliance with the Americans with Disabilities Act. Policy 8.1.5. Support efforts to coordinate recreation planning between the County, park and recreation districts, school districts, irrigation districts, unincorporated communities, and cities. Policy 8.1.6. Support the development of parks and trails identified in locally -adopted plans. Policy 8.1.7. Coordinate with unincorporated communities to identify opportunities for parks, trails, open spaces, and community centers. Policy 8.1.10. Support community efforts for acquisition and management of Skyline Forest as a community amenity. Policy 8.1.11. Work with stakeholders to promote new recreational and tourist initiatives that maintain the integrity of the natural environment. 8-6 1 Deschutes County Comprehensive Plan Opportunities, Challenges, and Considerations Statewide Planning Goal 9 provides guidance on economic development for Oregon jurisdictions. This goal is intended to "provide adequate opportunities throughout the - - state fora variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens." For Deschutes County, implementing Goal 9 is focused on ensuring opportunities for economic development, while protecting rural land uses. In Deschutes County, several areas are designated for rural industrial and rural commercial activities to allow for activities such as manufacturing or resource processing. Additionally, unincorporated communities and rural service centers allow for limited commercial opportunities, including restaurants, services, and retail stores. Economic development agencies in Central Oregon cite the tremendous natural resource access and amenities to be essential for drawing in new businesses and workers. As the County grows, childcare will continue to be challenge for rural residents along with access to high speed and reliable internet services. A continued challenge for Deschutes County will be to balance adequate economic opportunity for rural residents, with protection of natural resource lands. Community members have expressed interest in providing for new and emerging economic opportunities through renewable energy development, including potential for biomass, solar, geothermal, and wind projects that may be compatible with rural uses. Deschutes County's economy was initially built around farming and logging. As those sectors declined in the 20th century, recreation and tourism increased as people were drawn to the beauty and opportunities to recreate on public lands. Deschutes County's high quality of life became a draw for employers and employees alike. In the 2000's, the building sector boomed as new housing was built to meet both increased housing demand and the real estate speculation that followed. Housing prices rose so high that workforce housing became a limiting factor in economic growth. The period of strong growth ended with the national recession that began in late 2007, leading to falling housing prices and rising unemployment. The 2010's and early 2020's have proven to be another period of booming economic growth for Deschutes County, exacerbated by the COVID-19 pandemic and the dramatic increase in remote work. 9-2 1 Deschutes county Comprehensive Plan Deschutes County's economy remains strong compared to Oregon as a whole, as shown in the statictics below. Food Service and Grocery 1,959 2022 Central Oregon Largest Private Employers by Industry Tourism 2,549 e loyees IT w � E IT Healthcare �® � ®6,427 Wood Products 1,030 Scientific and [61 manufacturing Services 780 1,696 022 Central Oregon Largest Private Employers Deschutes County is known for its abundant natural resources, though the County continues to balance its economy through a variety of industries. The top 10 industries overall in Deschutes County (including those within urban areas) are: 1. Trade, transportation, utilities (15,742 jobs) 2. Education/Health Services (13,479 jobs) 3. Goods -producing (13,169 jobs) 4. Leisure and hospitality (12,990 jobs) 5. Health care and social assistance (12,541 jobs) 6. Retail trade (11,714jobs) 7. Accommodation and food services (10,718 jobs) 8. Professional/business services (10,067 jobs) 9. Food services/drinking places (8,304jobs) 10. Local government (7,396 jobs) 9-3 1 Deschutes County Comprehensive Plan Economic Development Tourism continues to be a major facet of Central Oregon's economy, with approximately 4.5 million visitors entering Central Oregon each year. The majority of those visitors travel to Bend and Deschutes County in particular but other communities in the County also are popular destinations, including Sisters, Redmond and Terrebonne, as well as destination resort such as addition, recreational opportunities throughout the County also attract a multitude of visitors, from skiing on Mt. Bachelor, hiking in the Three Sisters Wilderness, and rafting the Deschutes River, to fishing, hunting and camping at dispersed sites on National Forest and BLM land throughout the County. 9-4 1 Deschutes County Comprehensive Plan Construction and Development Connections to Other Comprehensive While much of the County's economic activity Plan Chapters occurs in urban areas, staff notes that Much of the County's economic development agricultural, forestry, and construction industries activity is directly related to farmland (Chapter also provide economic growth in Deschutes 3), forest land (Chapter 3), mineral and aggregate County. Construction of rural housing can resources (Chapter 4), and natural resources support additional workforce in areas outside (Chapter 5). Additional information can be found of city limits while also utilizing local trade in these sections. industries. Construction of rural industrial or commercial projects provide economic Key Community Considerations opportunities that serve rural communities, As part of this comprehensive plan update, without a trip into an adjacent city. community members expressed the following: A key partner for the County in promoting a healthy economy is Economic Development for Central Oregon (EDCO). This private non-profit organization is dedicated to diversifying the tri-county regional economy by attracting new investment and jobs. This organization also tracks the local economy. Between 2010 and 2013, Deschutes, Crook, and Jefferson counties, and their respective cities established a regional large lot industrial land need analysis, ultimately leading to changes to state law, OAR 660-024-0040 and 45. This rule provides that that the large lot industrial land need analysis agreed upon by all of the parties, once adopted by each of the participating governmental entities, would be sufficient to demonstrate a need for up to nine large industrial sites in Central Oregon. Six of the sites will be made available initially. Three more sites may be added under the rule as the original sites are occupied. Intergovernmental agreements were formed with the regions jurisdictions and Central Oregon Intergovernmental Council in 2013 to provide oversight of this new regional large lot industrial lands program. Participating local governments will review the program after all nine sites have been occupied, or after ten years, whichever comes first. • A recognition that tourism is an important industry in the County, but some concern that the interests of tourism -related activity play an outsized role in the County. • Desire for a strong and diverse economy that benefits local residents. • Strong interest in expanding access to childcare for rural residents, especially those who travel into incorporated cities for employment. • Interest in exploring new economic opportunities including renewable energy development. • Desire for additional educational and job training opportunities, including expansion of colleges and universities. 9-5 1 Deschutes County Comprehensive Plan Policy 9.1.8. Support funding and development of childcare locations across the County to support families in the workforce. Policy 9.1.9. Explore need for master planning for rural economic development lands, including Deschutes junction. Policy 9.1.10. Recognize the importance of maintaining a large -lot industrial land supply that is readily developable in Central Oregon, and support a multi -jurisdictional cooperative effort to designate these sites. Goal 9.2: Support creation and continuation of rural commercial areas that support rural communities while not adversely affecting nearby agricultural and forest uses. Policy 9.2.1.Allow for new Rural Commercial zoning designations if otherwise allowed by Oregon Revised Statute, Administrative Rule, and this Comprehensive Plan. Policy 9.2.2.In Spring River there shall be a Limited Use Combining Zone. Policy 9.2.3.Ensure new uses permitted on Rural Commercial lands do not adversely affect nearby agricultural and forest uses. Policy 9.2.4.Ensure new commercial uses on Rural Commercial lands are limited to those intended to serve the surrounding rural area and/or the needs of the traveling public. Policy 9.2.5.New commercial uses shall be limited in size to 2,500 square feet or if for an agricultural or forest -related use, 3,500 square feet. Policy 9.2.6.A lawful use existing on or before November 5, 2002 that is not otherwise allowed in a Rural Commercial zone, may continue to exist subject to the county's nonconforming use regulations. PoliciesEconomic Development Goals and Goal 9.1: Maintain a stable, and sustainable, and thriving rural economy, compatible with rural lifestyles and a healthy environment. Policy 9.1.1. Promote rural economic initiatives, including home -based businesses, that maintain the integrity of the rural character and natural environment. Policy 9.1.2. Support a regional approach to economic development in concert with Economic Development for Central Oregon or and similar organizations. Policy 9.1.3. Support growth and expansion of colleges and universities, regional educational facilities, and workforce training programs. Policy 9.1.4. Support renewable energy generation as an important economic development initiative, while taking other community goals and concerns into consideration. Policy 9.1.5. Support and participate in master planning for airports in Deschutes County, including expansion of noise impact boundaries and upgrades to facilities as airports continue to grow. Policy 9.1.6. Within the parameters of State land use regulations, permit limited local -serving commercial uses in higher - density rural communities. Support limited and locally -serving commercial uses in appropriate locations. Policy 9.1.7. Support expansion of high- speed internet in rural areas and integrate infrastructure such as fiber-optic cables into new development and road projects. Deschutes County Comprehensive Plan Policy 9.2.7.An existing lawful use may expand up to 25 percent of the total floor area existing on November 5, 2002. Policy 9.2.8.The Rural Commercial zoning regulations shall allow a mixed use of residential or rural commercial uses. Policy 9.2.9. Residential and commercial Tax lot 161226C000111 and Tax lot 161226A000203) to ensure permitted uses are compatible with surrounding farm and forest lands. Policy 9.3.4. To ensure that the uses in Rural Industrial zone on tax lot 16-12-26C-301, as described in Exhibit "C" and depicted on Exhibit "Y attached to Ordinance 2009- uses shall be served by DEQ approved on -site 007 and incorporated by reference herein, sewage disposal systems. __ __ are Limited in nature and scope, the Rural Policy 9.2.10. Residential and commercial uses shall be served by on -site wells or public water systems. Policy 9.2.11. Community sewer systems, motels, hotels and industrial uses shall not be allowed. Policy 9.2.12. Recreational vehicle or trailer parks and other uses catering to travelers shall be permitted. Goal 9.3: Support the creation and continuation of rural industrial areas that support rural communities while not adversely affecting nearby agricultural and forest uses. Policy 9.3.1. Update the policies for lands designated Rural Industrial as needed to limit and control industrial uses through the use of the Rural Industrial designation and development standards. Policy 9.3.2.To assure that urban uses are not permitted on rural industrial lands, land use regulations in the Rural Industrial zones shall ensure that the uses allowed are less intensive than those allowed for unincorporated communities in OAR 660-22 or any successor. Policy 9.3.3.Limited Use Combining zones shall be applied to the Redmond Military (Tax lot 1513000000116), Deschutes junction (Tax lot 161226C000301, Tax lot 161226C000300, Industrial zoning on that site shall be subject to a Limited Use Combining Zone which will limit the uses to storage, crushing, processing, sale and distribution of minerals. Policy 9.3.5. To ensure that the uses in Rural Industrial zone on tax lot 16-12-26C-301, as described in Exhibit "C" and depicted on Exhibit "D" attached to Ordinance 2009- 007 and incorporated by reference herein, are limited in nature and scope, the Rural Industrial zoning on that site shall be subject to a Limited Use Combining Zone which will limit the uses to storage, crushing, processing, sale and distribution of minerals Policy 9.3.6. To ensure that the uses in the Rural Industrial Zone on Tax Lot 300 on Assessor's Map 16-12-26C-300 and Tax Lot 203 on Assessor's Map 16-12-26A-300 and portions of Tax Lot 111 on Assessor's Map 16-12-26C-111 as described in Exhibit'D' and depicted in Exhibit'E' attached to Ordinance 2010-030 and incorporated by reference herein, are limited in nature and scope, the Rural Industrial zoning on the subject parcel shall be subject to a Limited Use Combining Zone, which will limit the uses to storage, crushing, processing, sale and distribution of minerals, subject to conditional use and site plan approval Policy 9.3.7. Ensure new uses on Rural Industrial lands do not adversely affect nearby agricultural and forest uses. 9-7 1 Deschutes County Comprehensive Plan Policy 9.3.8. A lawfully established use that existed on or before February 2, 2003 not otherwise allowed in a Rural Industrial zone Economk Development Goal 9.4: Support the creation and continuation may continue to exist subject to the county's of rural service centers that support rural non -conforming use regulations. communities while not adversely affecting nearby agricultural and forest uses. Policy 9.3.9. A lawfully established use that Policy 9.4.1. Rural Service Centers in existed on or before February 2, 2003 may be Alfalfa, Brothers, Hampton, Wilstlestop, expanded to occupy a maximum of 10,000 and Wildhunt are identified on the square feet of floor area or an additional 25 Comprehensive Plan Map and shall have percent of the floor area currently occupied _ zoning consistent with Comprehensive Plan by the existing use, whichever is greater. designations. Policy 9.3.10. Ensure new uses on Rural Industrial lands are served by on -site sewage disposal systems approved by the Department of Environmental Quality (DEQ). Policy 9.3.11. Residential and industrial uses shall be served by on -site wells or public water systems. Policy 9.3.12. Community sewer systems shall not be allowed in Rural Industrial zones. Policy 9.3.13. A 2009 exception (Ordinance 2009-007) included an irrevocably committed exception to Goal 3 and a reasons exception to Goal 14 to allow rural industrial use with a Limited Use Combining Zone for storage, crushing, processing, sale and distribution of minerals. Policy 9.3.14. A 2010 exception (Ordinance 2010-030) took a reasons exception to Goal 14 with a Limited Use Combing Zone for storage, crushing, processing, sale and distribution of minerals. Policy 9.3.15.Properties for which a property owner has demonstrated that Goals 3 and 4 do not apply may be considered for Rural Industrial designation as allowed by State Statute, Oregon Administrative rules and this Comprehensive Plan. Rural Industrial zoning shall be applied to a new property that is approved for the Rural Industrial Plan designation. Policy 9.4.2. In Alfalfa, the remaining 20 acres of the Rural Service Center will continue to be zoned Rural Service Center - Residential District, with a 5-acre minimum lot size. A zone change to mixed use commercial can be considered only for a specific use and upon findings that the existing commercial area is fully developed. Policy 9.4.3. Ensure that land uses at Rural Service Centers do not adversely affect agricultural and forest uses in the surrounding areas. Policy 9.4.4. Zoning in rural service areas shall promote the maintenance of the area's rural character. New commercial uses shall be limited to small-scale, low impact uses that are intended to serve the community and surrounding rural area or the travel needs of people passing through the area. The commercial/mixed use zoning regulations shall allow a mixed use of residential or small-scale commercial uses such as health and retail services. Policy 9.4.5. Residential and commercial uses shall be served by DEQ approved on -site sewage disposal systems. Policy 9.4.6. Residential and commercial uses shall be served by onsite wells or public water systems. 9-8 1 Deschutes County Comprehensive Plan Econornk Develapn-�en't Policy 9.4.7. Community water systems, motels, hotels and industrial uses shall not be allowed. Policy 9.4.8. Recreational vehicle or trailer parks and other uses catering to travelers shall be permitted. 9-9 1 Deschutes County Comprehensive Plan Opportunities, Challenges, and Considerations Deschutes County faces a variety of housing demands, issues, and challenges. The County continues to be a desirable and attractive place to live, with access to jobs, recreation, beautiful natural landscapes and a variety of other amenities: T e County's population is projected to continue to grow in the coming decades. At the same time, there are several challenges to the development of housing in the County. Some of the key issues the County faces today include increased demand for rural housing; housing affordability; state planning requirements related to Urban Growth Boundaries, farm and forest land, destination resorts, and others; water availability; and issues related to homelessness. PROJECTED POPULATION GROWTH IN UNINCORPORATED DESCHUTES COUNTY Deschutes County is one of the fastest growing counties in Oregon, and that trend is expected to continue. Significant growth is expected to occur in Deschutes County in the coming years (over 90,000 new residents in the next 25 years). However, the majority of this growth is forecasted to happen in urban areas with a more modest amount occurring in unincorporated parts of the County (about 5,000 additional people during the same period). (Source: Portland State University Population Research Center) INCREASED DEMAND FOR RURAL HOUSING Between 2010 and 2022, Deschutes County processed seven applications to rezone approximately 1,200 acres of property from a non-residential zone to a residential zone, with several more applications recently submitted and under review. Most of these applicants requested rezonings of farmland due to poor soil quality for farming. This trend is likely to continue. 10-2 1 Deschutes County Comprehensive Plan Countylistorical and Forecasted Population and Average Annual Growth Ratc in Deschutes • its Sub -Areas 400,000 350,000 — .. 300,000 —.. 250,000 ._...... CL 150,000 _......-.. `"_ 0 CL 100,000 ____ 2.6 AA R '_1 % AA G A.. .TbA G. 0 4.2% AAGR 2010 20,20 MOUSING AFFORDABILITY The median value of owner -occupied housing units in Deschutes County (including cities), is significantly higher than that of the State of Oregon ($435,600 compared to $362,200 according to 2017-2021 Census figures), and consistently increasing. In July 2023, Becon Appraisal Group reported an all-time high median home value for Bend area homes, in the amount of $785,000. The same report estimated a median home price as $694,000 for Sisters area homes, $473,000 for Redmond area homes, and $401,000 for La Pine area homes. Given that median income is generally on par with the state as a whole, high housing prices are likely an indicator of an inadequate supply of housing affordable to many residents of the Deschutes County, particularly those with low to moderate incomes. E 3f T 2.5©la 1 1.5% 1 2022 2047 2072 STATE PLANNING REQUIREMENTS Although Deschutes County has numerous prospects to expand residential development, some of these opportunities face challenges with respect to state rules and regulations. The Oregon land use system is designed to concentrate most growth within Urban Growth Boundaries. A variety of statewide planning goals, laws, and administrative rules designed to protect farm and forest land, regulate destination resorts, and ensure cost-effective provision of infrastructure limit where and how housing can be built outside of urban areas. WATER AVAILABILITY AND CONSUMPTION A growing demand for water for residential, business, recreation, and agricultural uses; changes in water table depth; allocation of water rights; and potential future changes in water supply related to climate change all may impact the availability of water to support new housing. Water resources are discussed in Chapter 5 in more detail. 10-3 1 Deschutes County Comprehensive Plan Vacant Lots in Resort Areas HOMELESSNESS 77777777777 Resort Area The incidence and impacts of homelessness ' have been rising in Deschutes County, as well Destination Resorts as across the state and nation in recent years. A Caldera Springs 101 _ variety of factors have contributed to this trend, Eagle Crest 111 39 including rising housing costs, increasing income _Pronghorn __I ,_285 disparities, and limited transitional housing and Tetherow 200 supportive resources. As a result, impacts on Resort Communities _ both urban areas and natural resources have Black Butte 127 I Increased, with elevated levels of community In of the 7th Mountain/Widgi Creek i 12 concern and support for more action by the Urban Unincorporated Area County and its partners to address these issues. Sunriver 118 Total Vacancies, Resort Areas 887 8 BALANCING DEVELOPMENT OPPORTUNITIES WITH - -- - VISITOR ACCOMMODATIONS Vacant Lots in Rural Residential Areas Although population growth in unincorporated Deschutes County is forecasted to be relatively limited, rural parts of the County, including several destination resorts, include significant Rural Residential Zones capacity for new residential development. Rural Residential 2,139 Community members have expressed concern Multiple use Agriculture i 518 regarding the use of these homes as primary Suburban Low Desnsity Rural 32 residences, second homes, or vacation rentals. Residential . _... Urban Area Reserve 292 RECENT CHANGES IN COUNTY HOUSING Rural Communities RULES Tumalo (TUB/TUBS) 32 The County has recently adopted and/or is Terrebonne (TER/TER5) 134 currently considering new rules related to Total vacancies, Rural Residential i 3,447 development and regulation of different types of Areas housing. These include: Future Opportunities for Rural Residential Lots • Changes to where accessory dwelling units are allowed. • Repeal of the County's "Conventional Thornburgh Destination Resort Thornburgh 950 Housing Combining Zone" which prohibited Caldera Springs Destination 340 manufactured homes in three large Resort Phase 2 F unincorporated areas east and west of West Side Transect 187 ! Tumalo and east of Bend. Tumalo Irrigation District 72 Rezoned Parcel Gopher Gulch (North of Bend) 10 Total Vacancies, Rural 1,559 Residential Areas 10-4 1 Deschutes County Comprehensive Plan I mg Key Community Considerations Given the range of issues and conditions discussed related to this important topic, the Comprehensive Plan includes a variety of policies to guide future development of housing and address impacts to residents in rural areas. Additional related policies are found in Chapter 2 (Land Use) and Chapter 13 (Transportation). These strategies are underpinned by community sentiment, as described below. Some community members expressed support for allowing or encouraging growth in rural areas, particularly to alleviate housing pressure and provide larger -lot options. However, engagement showed greater opposition to residential development outside of Urban Growth Boundaries. Overall support for allowing a wider range of types of housing (e.g., accessory dwelling units, manufactured homes, recreational vehicles, etc.), but concerns about the quality of this housing and additional rural residential development in general. Concern about homelessness and its impacts, coupled with strong support for a proactive approach by the County to work with partner agencies and groups to address this issue. Relatively strong opposition for rezoning low productivity farmland with poor soil to allow greater opportunities for housing, due to negative impact on open space, habitat, transportation, and active farm practices. 10-5 1 0eschutes County Comprehensive Plan Goal 10.1: Support housing opportunities and choices for rural County residents in unincorporated Deschutes County, while meeting health and safety concerns, minimizing environmental and resource land impacts. Ing Goal 10.2: Support agencies and non -profits that provide affordable housing. Policy 10.2.1. Support Central Oregon Regional Housing Authority and other stakeholders to meet the housing needs of all Deschutes County residents by assisting, as needed, in coordinating and implementing Policy 10.1.1. Incorporate annual farm and housing assistance programs. forest housing reports into a wider system for tracking the cumulative impacts of rural Policy 10.2.2. Utilize block grants and other housing development. funding to assist in providing and maintaining low- and moderate -income housing in Policy 10.1.2. Continue to update the County zoning ordinance and work with partnering organizations to address health and safety issues associated with housing. Policy 10.1.3. Encourage and/or require, where consistent with County policies and requirements, new subdivisions to incorporate alternative development patterns, such as cluster development, that mitigate community and environmental impacts. Policy 10.1.4. Implement legislation allowing accessory dwelling units in rural areas to expand housing choices. Policy 10.1.5. Create and encourage opportunities for flexibility in rural housing including development of manufactured home parks, safe parking sites, and RV parking areas. Policy 10.1.6. Reduce barriers to housing development and supporting services (such as locally serving medical offices or similar uses) in unincorporated communities. Policy 10.1.7. Explore grants and funding opportunities for ongoing maintenance and rehabilitation of existing housing stock. Policy 10.1.8. Evaluate the impacts of short- term rentals and consider regulations to mitigate impacts, as appropriate. partnership with Housing Works and other housing agencies and providers in Deschutes County. Goal 10.3: Regulate the location and density of housing in the area located between the Bend UGB and Shevlin Park through Westside Transect policies Policy 10.3.1. Protect the sensitive eco- systems and interrelationships of the urban/ rural interface on the west side of Bend between the urban area and Shevlin Park and the public and forestlands to the west. Policy 10.3.2. Protect natural resources and environmentally sensitive areas and provide special setbacks between development and Shevlin Park, Tumalo Creek, and forestlands. Policy 10.3.3. Development patterns shall reflect the protection of land with environmental significance and fire -wise and other fire prevention community design best practices. Policy 10.3.4. Limit residential development to 200 single-family residential lots. Policy 10.3.5. Manage all areas outside of the structural building envelopes on residential lots for wildfire mitigation and wildlife habitat in accordance with coordinated plans prepared by professionals, reviewed annually with reports submitted to the County every three years. The wildfire mitigation and 10-6 1 Deschutes County Comprehensive Plan g f wildlife habitat plans shall be funded through homeowner assessments and administered and enforced by a homeowners association established at the time of creation of any Policy 10.4.2. Partner with cities to incentivize development within urban growth boundaries and reduce infrastructure costs for workforce and affordable housing. residential lots. Policy 10.4.3. Partner with local, state, Policy 10.3.6. Reduce the impact of and federal agencies to address and limit construction by using best management nuisance and public health issues related to practices to minimize site disturbance during homelessness. construction and construction impacts (i.e., __on Shevlin Park, Tumalo Creek, and Policy 10.4.4. Utilize County owned land erosion) lands. in city limits for affordable and workforce foresthousing, where appropriate. Policy 10.3.7. Coordinate with the City of Bend for mitigation of impacts to City infrastructure from development within the Transect. Goal 10A Participate in regional efforts to plan for housing. Policy 10.4.1. Collaborate with cities and private sector partners on innovative housing developments to meet the region's housing needs. Policy 10.4.5. Promote regional housing planning, including urban reserve planning for cities, to allow for longer term and multi - jurisdictional housing strategies. Policy 10.4.6. Limit parcelization and development adjacent to cities or in conflict with planned and/or known road/utility corridors to preserve land for future urban development. 10-7 1 Deschutes County Comprehensive Plan Opportunities, Challenges, and Considerations Deschutes County is home to numerous unincorporated communities, which contain urban levels of development outside of city limits. Many of these communities provide services and amenities to rural residents. As the county continues to grow, many residents are concerned about increasingly dense development in these unincorporated areas which may feel out of scale with the surrounding rural uses. However, many residents also see the need for more opportunities for small-scale rural services and retail opportunities to serve existing and future community members. Deschutes County will need to continue to refine the vision and guidelines for development in these areas while balancing infrastructure needs, protection of natural resources and rural land uses, and community desires. In addition to these unincorporated communities, Destination Resorts are another form of development outside of urban areas. In recent years, community members have expressed concern about the creation of new resorts for a variety of reasons. While Destination Resorts are an opportunity for economic development and housing in the rural County, many residents have expressed opposition to additional development of this type. s �> s. �. , Deschutes County's unincorporated communities generally pre -date Oregon's statewide land use system and have more urban -scale uses in outer - lying rural areas, within a defined geographic boundary. In 1994, Oregon Administrative Rules (OARs) were amended to define unincorporated communities and the types of uses that could be allowed in these areas. The OARS established four types of unincorporated communities, all of which were required to be in existence at the time of the change - the Rule did not allow for new rural communities to be established. These community types are described below. URBAN UNINCORPORATED COMMUNITY This is a community which contains at least 150 permanent dwelling units, a mixture of land uses, and contains a community water and sewer system. Sunriver is an Urban Unincorporated community. One parcel just outside of the City of La Pine was mistakenly left outside of the City's urban growth boundary, and is technically under this classification as well. This is a community which consists of permanent residential dwellings and at least two other types of land uses - such as commercial, industrial, or public uses provided to the community or travelers. Terrebonne and Tumalo are Rural Communities. 11-2 1 Deschutes County Comprehensive Plan ,U,rflncorparated Carrnmunitles and DestinaUon Resorts RESORT COMMUNITY This type of community was established for a recreation -related use on private land prior to 1989 when the state adopted its Destination Resort rules. Black Butte Ranch and Inn of the 71" Mountain/Widgi Creek are Resort Communities. It's important to note that there are several other resort style developments in the County on private lands called "Destination Resorts." See the next sectionformore information. RURAL SERVICE CENTER This is an unincorporated community that has primarily commercial or industrial uses that provide goods and services to the surrounding rural area and travelers. These are the most common type of unincorporated community in Deschutes County and include Alfalfa, Brothers, Hampton, Millican, Whistlestop, and Wildhunt. Since 1979 destination resorts have increased in importance to the economy of Deschutes County. In 1989, recognizing the importance of tourism to the economy of the State of Oregon, the state legislature and the Land Conservation and Development Commission (LCDC) took steps to make it easier to establish destination resorts on rural lands in the state. Statewide Planning Goal 8, the recreation goal, was amended to specify a process for locating destination resorts on rural land without taking an exception to Goals 3, 4, 11 and 14, which govern development in rural resource lands. Under these changes, destination resorts may be sited in EFU zones where they weren't previously allowed. In 1990, LCDC amended the rule for siting destination resorts on forest lands as well. Eagle Crest Resort, although it had existed prior to these changes, applied for legislative changes to comply with these new rules and expand onto adjacent lands. In 2010, Deschutes County completed an amendment to its destination resort mapping process, adding "clear and objective" requirements for eligible and ineligible sites, and the process for amending the destination resort map based on changes in state law. Since that time, Pronghorn, Caldera Springs, and Tetherow resorts have gone through the siting process. Resorts existing prior to the legislative change, such as Black Butte, Sunriver, and the Inn of the Seventh Mountain have also expanded and been rezoned to Urban Unincorporated Community and Resort Community, respectively. Thornburgh Resort has received preliminary approvals, but has not yet broken ground. Destination resorts are a key economic development strategy for Deschutes County. Many community members and visitors enjoy the recreational amenities and accommodations that Destination Resorts provide. 11-3 1 Deschutes County Comprehensive Plan Unincorporated U,-a o IE �i ;3 ti L %r l . fit s a n d '.a,a' .... _3Un a .:. i o n Resorts Key Community Considerations Unincorporated Communities are limited in their development potential due to their specific geographic footprint. Protecting open space and natural resources while providing economic opportunities in these unincorporated areas continues to be a balancing act. Goals and Policies General Resort Community Policies Policy 11.1.1. Land use regulations shall conform to the requirements of OAR 660 Division 22 or any successor. As additional rural development occurs, so Policy 11.1.2. Designated open space and does the demand for services and goods common area, unless otherwise zoned for that can be reached without having to drive development, shall remain undeveloped to an incorporated city. Aging residents have except for community amenities such as bike expressed a desire for additional medical care and pedestrian paths, park and picnic areas. and offices in rural areas to support aging in place. On the other hand, many residents would prefer limiting development in unincorporated communities in order to preserve the rural of the area. Destination Resort development continues to be a contentious issue. Community members have expressed concern regarding the water use of large-scale development - specifically the effects to groundwater for neighboring property owners. Other community members express support for the economic and amenity benefits of destination resorts, noting that the current requirements sufficiently address natural resource concerns. Additional community conversations will be valuable to understand the diversity of perspectives on this topic. Areas developed as golf courses shall remain available for that purpose or for open space/ recreation uses. Policy 11.1.3. The provisions of the Landscape Management Overlay Zone shall apply in Resort Communities where the zone exists along Century Drive, Highway 26 and the Deschutes River. Policy 11.1.4. Residential minimum lot sizes and densities shall be determined by the capacity of the water and sewer facilities to accommodate existing and future development and growth. Policy 11.1.5. The resort facility and resort recreation uses permitted in the zoning for Black Butte Ranch and the inn of the Seventh Mountain/Widgi Creek shall serve the resort community. .e Policy 11.2.1. County comprehensive plan policies and land use regulations shall ensure that new uses authorized within the Black Butte Ranch Resort Community do not adversely affect forest uses in the surrounding Forest Use Zones. Policy 11.2.2. The County supports the design review standards administered by the Architectural Review Committee. 11-4 1 Deschutes County Comprehensive Plan Unincorporated Communities and De{tome inv?4;n Resorts Policy 11.2.3. Residential, resort and utility uses shall continue to be developed in accordance with the Master Design for Black Butte Ranch and the respective Section Declarations. Policy 11.2.4.Industrial activities, including surface mining, shall only occur in the area Policy 11.2.9. The area west of McCallister Road and east of the area zoned Black Butte Ranch may be used for large equipment storage, general storage, maintenance uses, RV storage, telephone communications, administration offices, housekeeping facilities and employee housing. zoned Black Butte Ranch Surface Mining, Policy 11.2.10. Employee housing shall Limited Use Combining District (Black Butte be set back at least 250 feet from the Ranch SM/LU) Located in the northwest eastern boundary of the area zoned Black corner of Black Butte Ranch. Butte Ranch Surface Mining, Limited Use Combining District (Black Butte Ranch SM/ Policy 11.2.5.Employee housing shall be LU). located in the area zoned Black Butte Ranch- Utility/Limited Use Combining District (Black Butte Ranch-U/LU). Policy 11.2.6.Any amendment to the allowable use(s) in either the Resort Community District or the Limited Use Combining District shall require an exception in accordance with applicable statewide planning goal(s), OAR 660-04-018/022 and DCC 18.112 or any successor. Policy 11.2.7.The westerly 38-acres zoned Black Butte Ranch Surface Mining, Limited Use Combining District (Black Butte Ranch SM/LU) shall be used for the mining and storage of aggregate resources. Uses that do not prevent the future mining of these resources, such as disposal of reclaimed effluent and woody debris disposal from thinning and other forest practices may be allowed concurrently. Other resort maintenance, operational and utility uses, such as a solid waste transfer station, maintenance facility or equipment storage may be allowed only after mining and reclamation have occurred. Policy 11.2.8. The 18.5 acres zoned Black Butte Ranch-Utility/Limited Use Combining District (Black Butte Ranch-U/LU) may be used for the disposal of reclaimed sludge. Policy 11.2.11. Surface mining within the Black Butte Ranch community boundary shall adhere to the following Goal 5 ESEE "Program to Meet Goal' requirements: a. Only the western most 38 acres of the site shall continue to be mined. b. Setbacks shall be required for potential conflicting residential and other development. A minimum 50-foot setback shall be maintained from the perimeter of tax lot 202 for all surface mining activity. c. Noise impact shall be mitigated by buffering and screening. d. Hours of operation shall be limited to between 7:00 a.m. and 6:00 p.m. weekdays. No operations shall be allowed on weekends and holidays. e. Processing shall be limited to 45 days in any one year, to be negotiated with Deschutes County in the site plan process in consultation with the Oregon Department of Fish and Wildlife (ODFW). f. The conditions set forth in the August 10, 1989, letter of ODFW shall be adhered to. g. Extraction at the site shall be limited to five acres at a time with on -going incremental reclamation (subject to DOGAMI review and approval). 11-5 1 Deschutes County Comprehensive Plan h. Mining operations, siting of equipment, and trucking of product shall be conducted in such a manner that applicable DEQ standards are met and minimizes noise and dust. DOGAMI requirements for a permit once mining affects more than five acres outside the 8.6-acre exemption area shall be met. Policy 11.3.6. The roads and the bicycle/ pedestrian path system within the Black Butte Ranch Resort Community boundary shall be maintained by the Black Butte Ranch Owners Association. Inn of the 7th Mountain Widgi Creek General Policies Policy 11.4.1. Any amendment to the allowable uses in either the Resort j. A conditional use permit shall be obtained Community District or the Widgi Creek from Deschutes County, under the Residential District shall require an exception provisions of section 18.128.280. Surface in accordance with applicable statewide mining of resources exclusively for on- planning goal(s), OAR 660-04-018/022 or any site personal, farm or forest use or successor, and DCC 18.112 or any successor. maintenance of irrigation canals, before mining activity affects more than five acres Policy 11.4.2. The County shall encourage outside the 8.6-acre exempt area. and support land exchanges efforts by and Black Butte Ranch Public Facility Policies Policy 11.3.1. Police protection services shall be provided by the Black Butte Ranch Police Services District. Policy 11.3.2. The Black Butte Ranch Water Distribution Company and the Black Butte Ranch Corporation shall confirm the water and sewer service, respectively, can be provided for new uses or expansion of existing uses that require land use approval. Policy 11.3.3. The Black Butte Ranch Water Distribution Company shall provide water service for the Black Butte Ranch Resort Community. Policy 11.3.4. The Black Butte Ranch Corporation shall provide sewer service for Black Butte Ranch. Policy 11.3.5. The Black Butte Ranch Fire Protection District shall provide fire protection services for Black Butte Ranch between private property owners, public agencies, and public trusts for the purpose of fostering public access to and protection of natural resources, such as rivers, streams, caves, areas/features of historical importance and other natural features. Inn of the 7th Mountain/Widgi Creek Public Facility Policies Policy 11.5.1. Police protection services shall be provided under contract with the Deschutes County Sheriff. Policy 11.5.2. Water service shall be supplied by on -site wells for the Inn/Widgi Resort Community. Policy 11.5.3. New uses or expansion of existing uses that require land use approval shall be approved only upon confirmation from the City of Bend that sewer service can be provided. Policy 11.5.4. Fire protection services for the Inn/Widgi shall be provided through a contract with the City of Bend until such time as Inn/Widgi develops another plan to provide adequate fire protection. 11-6 1 Deschutes County Comprehensive Plan Uiflncorporated Cownmunitles and Destination Resorts Policy 11.5.5. The Resort Community, not Deschutes County, shall maintain roads in the community. Policy 11.5.6. The bicycle/pedestrian path system shall be maintained by the Inn/Widgi Owners Association. Policy 11.5.7. Emergency access between Widgi Creek and the Inn of the Seventh Policy 11.7.2. Ensure protection of water quality, recreational resources, and other County resources and values. Policy 11.7.3. Ensure that destination resort developments support and implement strategies to provide workers with affordable housing options within or in close proximity to the resorts. Mountain shall be provided in accordance - Policy 11.7.4.Mapping for destination resort with the approved development plan for the siting. Elkai Woods town homes. The respective a. To assure that resort development does resort property owners shall maintain not conflict with the objectives of other emergency access between the Inn and Widgi Statewide Planning Goals, destination Creek Goal 11.6: Provide for development of destination resorts in the County in a manner that will be compatible with farm and forest uses, existing rural development, and in a manner that will maintain important natural features including habitat of threatened or endangered species, streams, rivers, and significant wetlands. Policy 11.6.1. Provide a process for the siting of destination resorts facilities that enhance and diversify the recreational opportunities and economy of Deschutes County, on lands that have been mapped by Deschutes County as eligible for this purpose. Goal 11.7: Provide for development of destination resorts consistent with Statewide Planning Goal 12 in a manner that will ensure the resorts are supported by adequate transportation facilities. Policy 11.7.1. Destination resorts shall only be allowed within areas shown on the "Deschutes County Destination Resort Map" and when the resort complies with the requirements of Goal 8, ORS 197.435 to 197.467, and Deschutes County Code 18.113. resorts shall pursuant to Goal 8 not be sited in Deschutes County in the following areas: 1) Within 24 air miles of an urban growth boundary with an existing population of 100,000 or more unless residential uses are limited to those necessary for the staff and management of the resort; 2) On a site with 50 or more contiguous acres of unique or prime farm land identified and mapped by the Soil Conservation Service or within three miles of farm land within a High -Value Crop Area; 3) On predominantly Cubic Foot Site Class 1 or 2 forest lands which are not subject to an approved Goal exception; 4) On areas protected as Goal 5 resources in an acknowledged comprehensive plan where all conflicting uses have been prohibited to protect the Goal 5 resource; 11-7 1 Deschutes County Comprehensive Plan Unincorporated Corn Tn� u n Ries and Destination Resorts 5) Especially sensitive big game habitat, and as listed below, as generally mapped by the Oregon Department of Fish and Wildlife in July 1984 an as further refined through development of comprehensive plan provisions implementing this requirement. i. Tumalo deer winter range; 5) Irrigated lands zoned Exclusive Farm Use (EFU) having 40 or greater contiguous acres in irrigation; 6) 6. Non-contiguous EFU acres in the same ownership having 60 or greater irrigated acres; 7) Farm or forest land within one mile outside of urban growth boundaries; ii. Portion of the Metolius deer winter 8) Lands designated Urban Reserve Area range; under ORS 195.145; iii. Antelope winter range east of Bend near Horse Ridge and Millican; 6) Sites less than 160 acres. b. To assure that resort development does not conflict with Oregon Revised Statute, destination resorts shall not be sited in Deschutes County in Areas of Critical State Concern. c. To assure that resort development does not conflict with the objectives of Deschutes County, destination resorts shall also not be located in the following areas: 1) Sites listed below that are inventoried Goal 5 resources, shown on the Wildlife Combining Zone, that the County has chosen to protect: i. Antelope Range near Horse Ridge and Millican; ii. Elk Habitat Area; and iii. Deer Winter Range; 2) Wildlife Priority Area, identified on the 1999 ODFW map submitted to the South County Regional Problem Solving Group; 3) Lands zoned Open Space and Conservation (OS&C); 4) Lands zoned Forest Use 1 (F-1); 9) Platted subdivisions; d. For those lands not located in any of the areas designated in Policy 3.9.5(a) though (c), destination resorts may, pursuant to Goal 8, Oregon Revised Statute and Deschutes County zoning code, be sited in the following areas: 1) Forest Use 2 (F-2), Multiple Use Agriculture (MUA-10), and Rural Residential (RR-10) zones; 2) Unirrigated Exclusive Farm Use (EFU) land; 3) Irrigated lands zoned EFU having less than 40 contiguous acres in irrigation; 4) Non-contiguous irrigated EFU acres in the same ownership having less than 60 irrigated acres; 5) All property within a subdivision for which cluster development approval was obtained prior to 1990, for which the original cluster development approval designated at least 50 percent of the development as open space and which was within the destination resort zone prior to the effective date of Ordinance 2010-024 shall remain on the eligibility map; 6) Minimum site of 160 contiguous acres or greater under one or multiple ownerships; 11-8 1 Deschutes County Comprehensive Plan Unincorporated ConnimuirmWes and Destination Resorts e. The County shall adopt a map showing 1) The establishment and maintenance of where destination resorts can be located buffers between the resort and adjacent in the County. Such map shall become part land uses, including natural vegetation of the Comprehensive Plan and Zoning and where appropriate, fenced, berms, Ordinance and shall be an overlay zone designated Destination Resort (DR). Policy 11.7.5. Ordinance Provisions a. The County shall ensure that destination resorts are compatible with the site and adjacent land uses through enactment of land use regulations that, at a minimum, provide for the following: 1) Maintenance of important natural features, including habitat of threatened or endangered species, streams, rivers, and significant wetlands; maintenance of riparian vegetation within 100 feet of streams, rivers and significant wetlands; and 2) Location and design of improvements and activities in a manner that will avoid or minimize adverse effects of the resort on uses on surrounding lands, particularly effects on intensive farming operations in the area and on the rural transportation system. In order to adequately assess the effect on the transportation system, notice and the opportunity for comment shall be provided to the relevant road authority. 3) Such regulations may allow for alterations to important natural features, including placement of structures, provided that the overall values of the feature are maintained b. Minimum measures to assure that design and placement of improvements and activities will avoid or minimize the adverse effects noted in Policy 3.9.4(a) shall include: landscaped areas, and other similar types of buffers. 2) Setbacks of structures and other improvements from adjacent land uses. c. The County may adopt additional land use restrictions to ensure that proposed destination resorts are compatible with the environmental capabilities of the site and surrounding land uses. d. Uses in destination resorts shall be limited to visitor- oriented accommodations, overnight lodgings, developed recreational facilities, commercial uses limited to types and levels necessary to meet the needs of visitors to the resort, and uses consistent with preservation and maintenance of open space. e. The zoning ordinance shall include measures that assure that developed recreational facilities, visitor -oriented accommodations and key facilities intended to serve the entire development are physically provided or are guaranteed through surety bonding or substantially equivalent financial assurances prior to closure of sale of individual lots or units. In phased developments, developed recreational facilities and other key facilitated intended to serve a particular phase shall be constructed prior to sales in that phase or guaranteed through surety bonding. General Sunriver Policies Policy 11.8.1. Land use regulations shall conform to the requirements of OAR 660 Division 22 or any successor. 11-9 1 Deschutes County Comprehensive Plan Uanincorporated Communities and Destination Resorts Policy 11.8.2. County comprehensive plan policies and land use regulations shall ensure that new uses authorized within the Sunriver Urban Unincorporated Community do not adversely affect forest uses in the surrounding Forest Use Zones. Policy 11.10.3. Multiple -family residences and residential units in commercial buildings shall be permitted in the commercial area for the purpose of providing housing which is adjacent to places of employment. Single- family residences shall not be permitted in Policy 11.8.3. To protect scenic views and commercial areac. riparian habitat within the community, Policy 11.10.4. Approval standards for appropriate setbacks shall be required for all conditional uses in the commercial district structures built on properties with frontage shall take into consideration the impact of along the Deschutes River, the proposed use on the nearby residential Policy 11.8.4.Open space and common area, and commercial uses and the ca acit of the unless otherwise zoned for development, shall remain undeveloped except for community amenities such as bike and pedestrian paths, and parks and picnic areas. Policy 11.8.5. Public access to the Deschutes River shall be preserved. Policy 11.8.6. The County supports the design review standards administered by the Sunriver Owners Association. Sunriver Residential District Policies Policy 11.9.1. Areas designated residential on the comprehensive plan map shall be developed with single family or multiple family residential housing. Sunriver Commercial District Policies Policy 11.10.1. Small-scale, low -impact commercial uses shall be developed in conformance with the requirements of OAR Chapter 660, Division 22. Larger, more intense commercial uses shall be permitted if they are intended to serve the community, the surrounding rural area and the travel needs of people passing through the area. Policy 11.10.2. No additional land shall be designated Commercial until the next periodic review. p y transportation system and public facilities and services to serve the proposed use. Sunriver Town Center District Policies Policy 11.11.1. Small-scale, low -impact commercial uses shall be developed in conformance with the requirements of OAR Chapter 660, Division 22. Larger, more intense commercial uses shall be permitted if they are intended to serve the community, the surrounding rural area or the travel needs of people passing through the area. Policy 11.11.2. Development standards in the town center district should encourage new development that is compatible with a town center style of development that serves as the commercial core of the Sunriver Urban Unincorporated Community. The following policies should guide development in the Town Center District in Sunriver: a. Combine a mixture of land uses that may include retail, offices, commercial services, residential housing and civic uses to create economic and social vitality and encourage pedestrian use through mixed use and stand alone residential buildings. b. Develop a commercial mixed -use area that is safe, comfortable and attractive to pedestrians. 11-10 1 Deschutes County Comprehensive Plan Un�ncarporated Communities and Destination Resorts c. Encourage efficient land use by facilitating compact, high -density development that minimizes the amount of land that is needed for development. d. Provide both formal and informal community gathering places. e. Provide visitor accommodations and tourism amenities appropriate to Sunriver. Sunriver Business Park District Policies Policy 11.13.1. A variety of commercial uses which support the needs of the community and surrounding rural area, and not uses solely intended to attract resort visitors, should be encouraged. Policy 11.13.2. Allow small-scale, low -impact commercial uses in conformance with the requirements of OAR Chapter 660, Division - - f. -Provide design flexibility to anticipate- - 22. Larger more intense commercial uses changes in the marketplace. shall be permitted if they are intended to g. Provide access and public places that encourage pedestrian and bicycle travel. Provide road and pedestrian connections to residential areas. i. Facilitate development (land use mix, density and design) that supports public transit where applicable. Develop a distinct character and quality design appropriate to Sunriver that will identify the Town Center as the centerpiece/focal point of the community. Policy 11.11.3. Development within the Town Center (TC) District will be substantially more dense than development elsewhere in Sunriver. This increased density will require changes to existing topography and vegetation in the TC District to allow for screened, underground parking. The requirements of the County's site plan ordinance shall be interpreted to reflect this fa ct. Sunriver Resort District Policies Policy 11.12.1. Areas designated resort on the comprehensive plan map shall be designated resort, resort marina, resort golf course, resort equestrian or resort nature center district on the zoning map to reflect a development pattern which is consistent with resort uses and activities. serve the community, the surrounding rural area and the travel needs of people passing through the area. Policy 11.13.3. Small-scale, low -impact industrial uses should be allowed in conformance with the requirements of OAR Chapter 660, Division 22. 11-11 1 Deschutes County Comprehensive Plan Unincorporated Comyniunitles and DestlnaUon Resorts Sunriver Community District Policies Sunriver Forest District Policies Policy 11.14.1. Areas designated community on the comprehensive plan map shall be designated community general, community recreation, community limited or community neighborhood district on the zoning map to reflect a development pattern which is consistent community uses and activities. Policy 11.14.2.Policy 11.9.2. Lands designated community shall be developed with uses which support all facets of community needs, be they those of year- round residents or part-time residents and tourists. Policy 11.14.3.Policy 11.9.3. Development shall take into consideration the unique physical features of the community and be sensitive to the residential development within which the community areas are interspersed. Sunriver Airport District Policies Policy 11.15.1. Future development shall not result in structures or uses which, due to extreme height or attraction of birds, would pose a hazard to the operation of aircraft. Policy 11.15.2. Future development should not allow uses which would result in large concentrations or gatherings of people in a single location. Sunriver Utility District Policies Policy 11.15.3. Lands designated utility shall allow for development of administrative offices, substations, storage/repair yards, distribution lines and similar amenities for services such as water, sewer, telephone, cable television and wireless telecommunications. Policy 11.16.1. Uses and development on property designated forest that are within the Sunriver Urban Unincorporated Community boundary shall be consistent with uses and development of other lands outside of the community boundary which are also designated forest on the Deschutes County comprehensive plan map. Policy 11.16.2. Forest district property shall be used primarily for effluent storage ponds, spray irrigation of effluent, biosolids application and ancillary facilities necessary to meet Oregon Department of Environmental Quality sewage disposal regulations. Policy 11.16.3. The development of resort, residential or non -forest commercial activities on Forest district lands shall be prohibited unless an exception to Goal 14 is taken. Sunriver General Public Facility Policies Policy 11.17.1. Residential minimum lot sizes and densities shall be determined by the capacity of the water and sewer facilities to accommodate existing and future development and growth. Policy 11.17.2. New uses or expansion of existing uses within the Sunriver Urban Unincorporated Community which require land use approval shall be approved only upon confirmation from the Sunriver Utility Company that water and sewer service for such uses can be provided. Policy 11.17.3. Expansion of the Sunriver Water LLC/Environmental/LLC Water and Sewer District outside of the historic Sunriver boundaries shall adequately address the impacts to services provided to existing property owners. 11-12 1 Deschutes County Comprehensive Plan Unincorporated Comniunitles and Destination Resorts Sunriver Water Facility Policies Policy 11.18.1. Water service shall continue to be provided by the Sunriver Utilities Company. Sunriver Sewer Facility Policies Policy 11.19.1. Sewer service shall continue to be provided by the Sunriver Utilities Company. Sunriver Transportation System Maintenance Policies Policy 11.20.1. Privately -maintained roads within the Sunriver Urban Unincorporated Community boundary shall continue to be maintained by the Sunriver Owners Association. Policy 11.20.2. The bicycle/pedestrian path system in Sunriver shall continue to be maintained by the Sunriver Owners Association or as otherwise provided by a maintenance agreement. Policy 11.20.3. The County will encourage the future expansion of bicycle/pedestrian paths within the Sunriver Urban Unincorporated Community boundary in an effort to provide an alternative to vehicular travel. Policy 11.20.4. All public roads maintained by the County shall continue to be maintained by the County. Improvements to County maintained public roads shall occur as described the County Transportation System Plan. 11-13 1 Deschutes County Comprehensive Plan {' i�i ��_.: Opportunities, Challenges, and Considerations Public facilities and services provide the basic infrastructure for urban and rural development. These systems include water and sewer systems, police and fire protection, health and social services, schools, and libraries. The transportation system is also a public facility - the County has developed and maintains a Transportation System Plan that is included as Appendix B. These public services are provided by a variety of entities, each with their own jurisdiction, funding sources, and regulatory requirements. Overall, the provision of facilities and services is more efficient and cost-effective in urban areas than in rural development, where ratepayers may be few and far between. In some areas of the County, particularly east County, available services are limited due to lower population density and distance from urban centers. Many of the people who choose to reside there consider the limited availability of services and facilities as an acceptable tradeoff for a rural lifestyle. Statewide Planning Goal 11, Public Facilities and Services and the associated Oregon Administrative Rule 660-011 specify that facilities and services should be appropriate for, but limited to, the needs and requirements of rural areas to be served. Public facility plans are not required (with some exceptions); in fact, Goal 11 and the associated rule set limits to the provision of sewers and water systems in rural areas, in order to limit rural growth. There are several important issues relating to the provision of public facilities and services that this Comprehensive Plan addresses, including: Meeting the needs of county residents while supporting the protection of resource lands; Maintaining health, safety, and security throughout the county; and Cooperation among the various providers of public services. 12-2 1 Deschutes County Comprehensive Plan Public Facilities Deschutes County plays a role in ensuring that public facilities and services are planned for, however the facilities and services are often not provided by county government directly. The discussion below highlights who provides the services listed and how the County will manage development impacts on existing facilities and services. LAW ENFORCEMENT The Deschutes County Sheriff's Office is a full service organization providing patrol, traffic team, criminal investigations, corrections, civil and search and rescue. Special operations include a Marine Patrol, K-9 units, and Forest Patrol. The Sheriff is an elected public official who serves a four-year term. Housed within the Sheriffs office is the County's Emergency Management Unit, which coordinates the countywide response to natural hazards events. The County manages Knott Landfill Recycling and Transfer Station, which is the only landfill in Deschutes County. In addition to this, the department manages four additional transfer stations throughout the County which gather waste in convenient locations, before transferring to the Knott Landfill facility. Operations at the landfill include recycling, hazardous waste disposal, and composting. This landfill site is anticipated to remain open until 2029 at which time it is projected to reach maximum capacity. The Deschutes County Solid Waste Department is currently undertaking a new landfill siting process, which is anticipated to be completed in 2024. In the future, the County will likely need to site addition facilities to support composting, recycling, and waste stream diversion facilities. Deschutes County Solid Waste System, Source: Solid Waste Management Plan, 2019 Cities & Unincorporated County County -Owned Transfer Stations and Recycling Center .„3 .: Franchise sra hlatar7al�Fag - — - — — — — — lo To Processing Yard Waste band Garbage & Out dt County ----------1 Recyco" Coftcam C4tand t � ( i J r� �� 11111 M am I SM1111 i Knott Landf'm Recyc2no and Transter Facility Deschutes Recycling (Comost) Knott LanCtUl 12-3 1 Deschutes County Comprehensive Plan COUNTY HEALTH DEPARTMENT Deschutes County Health Services has a primary responsibility to help address the basic health and wellness of Deschutes County residents. The department offers services at more than 40 locations in Deschutes County including public schools; health clinics in Bend, La Pine, Redmond and Sisters; five school -based health clinics; Public Faciflfies and public transportation. COIC continues to evolve to meet the needs of Central Oregon. COIC is governed by a 15-member board made up of elected officials who are appointed by each of the member governments as well as appointed representatives of key economic sectors - business and industry, tourism and recreation, agribusiness and agriculture, timber agencies such as the KIDS Center and the State and wood products, and the unemployed/ of Oregon Department of Human Services; area _ underemployed. - - - - -- - hospitals; care facilities and homes. FAIRGROUNDS The County maintains the County Fairgrounds and Expo Center. With panoramic views of the snow-capped Cascade range, the Deschutes County Fair and Expo Center is situated on the outskirts of Redmond just off of Hwy 97 and adjacent to the Redmond Municipal Airport. Due to its central location, the fairgrounds also serves as an emergency center. The fairgrounds hosts the annual County Fair and numerous other events throughout the year. Where other agencies provide facilities and services, the County coordinates with numerous other providers of facilities and services for the benefit of County residents. Where there are gaps in the coverage for specific areas, the County can work with providers to fill them. A selection of other agencies and entities are noted below. CENTRAL OREGON INTERGOVERNMENTAL COUNCIL (COIC) COIC began serving the residents and communities of Central Oregon in 1972 as a Council of Governments organized under ORS 190 by Crook, Deschutes and Jefferson Counties and Bend, Culver, Madras, Metolius, Prineville, Redmond and Sisters. COIC provides a wide variety of educational and economic development services such as workforce training, alternative high school education, business loans SCHOOL DISTRICTS There are three school districts in Deschutes County: • Bend -La Pine (SD 1), • Redmond (SD 2J) and • Sisters (SD 6). Additionally, the Brothers Community School is owned and operated by Crook County School District (SD 15). The High Desert Education Service District (ESD) partners with the districts to provide support services such as special education, school improvement, administrative and legal services. FIRE DISTRICTS The following fire districts support rural residents: Bend Fire Department, Black Butte Ranch Rural Fire Protection District, Cloverdale Rural Fire Protection District, Crooked River Ranch Rural Fire Protection District, Deschutes County Rural Fire Protection District #1 and #2, La Pine Rural Fire Protection District, Sisters - Camp Sherman Rural Fire Protection District, and Sunriver Service District. Public lands are protected by federal agencies. There are some areas in Deschutes County that are not covered by a fire district. (See Chapter 7 for more on fire protection.) 12-4 1 Deschutes County Comprehensive Plan Public FaciflUes IRRIGATION DISTRICTS PUBLIC WATER SYSTEMS Irrigation districts in Oregon are organized as Public Water Systems are defined as those that Special Districts under ORS Chapter 545. Six have more than three connections, supply water irrigation districts operate in Deschutes County: at least 60 days/year and are used by at least Arnold, Central Oregon, North Unit, Swalley, 10 persons/day. All water systems are regulated Tumalo, the Three Sisters Irrigation Districts. under the federal 1974 Safe Drinking Water Act They are quasi -municipal corporations under and 1981 Oregon Drinking Water Quality Act. Oregon Law, with prescribed rules for purpose, Public Water Systems serving over 3,300 people boards, elections, staffing, charges, etc. The are overseen by the Oregon Department of districts operate as political subdivisions of Human Services Drinking Water Program. The the State of Oregon created for the purpose of County acts as a contractor for the Department delivering water to their patrons. In addition of Human Services to monitor approximately to irrigation uses, these districts also supply a 180 Public Water Systems. Some privately owned number of other services, including municipal, systems are, for various reasons, regulated by industrial, and pond maintenance, warranting the Public Utility Commission, which sets rates coordination with municipalities. and rules for public utilities. LIBRARIES Deschutes Public Library has branches in Bend, Redmond, Sisters, La Pine and Sunriver. They also operate a bookmobile program that focuses on children and parenting books and a program for supplying books to homebound residents. HIGHER EDUCATION Deschutes County is home to Oregon State University Cascades Campus (Bend) and Central Oregon Community College (Bend and Redmond). These campuses are expected to grow significantly in the future. SOIL AND WATER CONSERVATION DISTRICT Soil and Water Conservation Districts are authorized by the State of Oregon to provide for the conservation of its soil and water resources. Working in cooperation with stakeholders, the districts address issues such as control and prevention of soil erosion, conservation and development of water resources, water quality, and wildlife preservation. The Deschutes Soil and Water Conservation District is a legally defined subdivision of the state government, but, like all soil and conservation districts, functions as a local unity led by a locally elected board of directors who serve without pay. 1bdlgki1 Electric Electricity is provided by Pacific Power around Bend and Redmond. Central Electric Cooperative and Midstate Electric provide service in the rest of the County. Phone service is provided by Qwest and numerous cell phone providers. Cable is provided by Bend Cable and satellite providers. Internet access is provided by a variety of entities. Hospitals Cascade Healthcare Community manages two hospitals: St. Charles Bend and St. Charles Redmond. Additionally there are numerous health providers and clinics in the County. Sewer Districts Creating or expanding existing sewer systems outside an urban growth boundary or unincorporated community is governed by Statewide Goal 11 and OAR 660-011-0060. In order to protect rural areas from urban -style development, the rules regulate where and when rural sewers are appropriate. Some sewer districts, such as Oregon Water Wonderland Unit 12-5 1 Deschutes County Comprehensive Plan Public FacfflCies 2, have used the Statewide Goal 2 exception process to create or expand a sewer system INDIVIDUAL FACILITIES AND SERVICES Private wells Most rural properties are served by private wells that are approved and managed by the Oregon Water Resources Department. The County currently does not track the number of wells. Individual septic systems Most rural properties are served by septic systems that are approved by the Onsite Wastewater Division. Key Community Considerations The role that Deschutes County plays in the provision of public facilities and services was part of the community discussion during the update of this Comprehensive Plan. Highlights included: City governments currently own property outside of urban growth boundaries and within County jurisdiction. In some instances, these lands are used for water and wastewater treatment facilities. As the County continues to grow, additional facilities are likely to be needed, and coordination among jurisdictions regarding placement of these facilities will be key. Significant population growth will lead to an increase in solid waste, requiring at minimum the siting of a new landfill. Community members expressed a desire for consideration of livability among other factors when considering the placement of key public facilities. 12-6 1 Deschutes County Comprehensive Plan PuHic Facilities Goals and Policies Goal 12.1: Support the orderly, efficient, and cost-effective siting of rural public facilities and services. Policy 12.1.1. Encourage and support the formation of special service districts to serve the need for public facilities in rural areas. Policy 12.1.2. Encourage and support planning for and acquisition of sites needed for public facilities, such as transportation, water, and wastewater facilities. Policy 12.1.3. Support the siting of community health clinics, hospitals, and private medical practices to serve rural residents throughout the County. Policy 12.1.4. Continue to support the County Fairgrounds as a community gathering place, event facility and home to the annual County Fair. Policy 12.1.5. Maintain the County Fairgrounds as an emergency readiness location and staging area in the event of a Cascadia Subduction Zone earthquake or other large disaster. Policy 12.1.6. Prior to disposing of County - owned property, consider whether the land is appropriate for needed public projects such as schools, health clinics, fire stations, senior centers, or affordable housing. Policy 12.1.7. Coordinate with rural service districts and providers to review development proposals. Policy 12.1.8. Use the land use entitlement process to ensure new development addresses and mitigates impacts on existing and planned public facilities. Policy 12.1.9. Support education districts, library districts and recreation districts in meeting community needs, such as meeting spaces. Policy 12.1.10. Where practicable, locate utility lines and facilities within or adjacent to existing rights -of -way to avoid dividing farm or forest lands. Policy 12.1.11. Use the development code to mitigate visual and other impacts of public facilities and cell towers. Policy 12.1.12. Use the Comprehensive Plan and Development Code to guide rural development in a manner that supports the orderly and cost-efficient provision of public facilities and services. Policy 12.1.13. Support siting and development of city owned water and wastewater facilities on rural lands, including innovative facilities that include additional community amenities. Goal 12.2: Pursue sustainable, innovative, and cost-effective waste management practices. Policy 12.2.1. Allow for siting of waste management facilities on rural lands, including but not limited to landfill facilities, transfer stations, organics management facilities, material recovery facilities, and recycling modernization facilities, in a manner that is sensitive to environmental and community concerns. Policy 12.2.2. Provide incentives, education, and resources to promote reuse and recycling of construction waste. Policy 12.2.3. Encourage waste reduction through community education and partnerships with community groups such as the Environmental Center Policy 12.2.4. Support the creation of a landfill overlay zone. Goal 12.3: Serve as a conduit for countywide resources. Policy 12.3.1. Provide resources to connect community members with a variety of housing and health related issues in Deschutes County 12-7 1 Deschutes County Comprehensive Plan The Deschutes County transportation system includes roadways, bicycle facilities, pedestrian facilities, and transit facilities, as well as rail, air, marine, and pipeline systems. In general, the County only owns, manages, and maintains facilities in the unincorporated portions of the County. Facilities within the Urban Growth Boundaries of the incorporated cities of Bend, Redmond, Sisters, and La Pine are managed and maintained by those cities. In addition, the Oregon Department of Transportation (ODOT) owns and maintains a number of state highways throughout the County. Information about existing conditions, planned investments, and policies related to transportation are contained in the Deschutes County Transportation System Plan (TSP), which is adopted as Appendix B of this Comprehensive Plan. 13-2 1 Deschutes County Comprehensive Plan opportunities, Challenges, and Considerations The amount, source, and distribution of energy used in Deschutes County is a fundamental component of how we live our lives, and it is influenced by land use and other decisions made at the County level. The State of Oregon requires land uses to be managed with an eye to their energy impacts. In Deschutes County, the key energy issues include: • Community design in more urban areas to limit the need for large vehicles (generally powered with fossil fuel) for everyday tasks. • Generating, transporting, and storing energy locally from a variety of sources, and managing the impacts of these facilities. • Conservation of energy through building design and orientation, the use of energy - efficient technologies, and incentives/ regulations/education to encourage others to do so. Deschutes County coordinates with utility providers that serve the area, including: • Central Electric Cooperative • Midstate Electric Cooperative • Pacific Power (PacifiCorps) • Cascades Natural Gas 14-2 1 Deschutes County Comprehensive Plan Context The role of Deschutes County in planning for energy is addressed in more detail below. SOLAR ORIENTATION The solar orientation of structures can create significant energy savings and allows for photovoltaic energy generation. The County has long promoted energy conservation through a passive solar code that requires new structures to be sited so that they do not block the sun from falling on adjacent properties. SITING LARGE-SCALE ENERGY FACILITIES In general, cities and counties have siting authority over energy projects below a certain size or generating capacity. This includes individual projects powering or supplementing homes and businesses or small commercial projects which produce energy for sale. Larger facilities are regulated by the Oregon Energy Facility Siting Council. The thresholds for Siting Council jurisdiction are determined by the Legislature and are defined in Oregon Revised Statutes (ORS) 469.300. The Siting Council does not regulate hydroelectric development. Instead, the Oregon Water Resources Commission has the authority to issue licenses for hydroelectric development. Deschutes County currently has five developed large-scale energy facilities, primarily located on the eastern side of the County, approved between 2015-2017. In 2018, the Department of Land Conservation and Development altered statewide rules related to these types of large- scale energy facilities on high value farmland, limiting development opportunities in parts of the County. Community members have expressed concern regarding impacts of these facilities on wildlife habitat and aesthetics. In addition to solar, several irrigation districts have developed in conduit hydroelectric facilities in which existing canals are upgraded with equipment for power generation. Three of these facilities currently exist, two of which are owned Energy and operated by Central Oregon Irrigation District, and the third owned and operated by Three Sisters Irrigation District. SMALL-SCALE RESIDENTIAL, BUSINESS, AND COMMERCIAL ENERGY GENERATION The State oversees construction and approval of large commercial energy facilities, as noted above. However, there is a role for local governments to oversee smaller commercial projects. Commercial energy generation is considerably more complex than permitting small projects for homes and businesses. From a land use perspective, the scale, extended time frame, investment required and required off -site components all complicate the approval process. For example, to move the electricity generated at an alternative energy facility to market there is often a need for approval of roads, transmission lines or substations. The accessory facilities may or may not be in place at the same site as the main facility, but are an integral part of the project and are currently reviewed separately, based on State regulations. Wind Energy Generation As shown in the following figure, wind energy is most abundant in the eastern portion of Deschutes County. Potential impacts of this type of facility include temporary construction impacts, habitat loss and animal fatalities due to collision with turbines, visual impacts from towers and accessory structures, and noise. Deschutes County regulates small scale wind energy development generating less than 100 kilowatts of power. This allowance was added to the Deschutes County Code in 2010, although since that time no applications have been received to establish this type of facility. 14-3 1 Deschutes County Comprehensive Plan Solar Energy Generation The following figure gives a broad sense of where in the US solar irradiance is highest, and therefore where solar generation will be most efficient. Deschutes County is generally favorable to solar generation. Potential impacts of this type of facility include temporary construction impacts, habitat loss, animal fatalities due to reflected sunlight (for some solar facilities), and visual impacts. As noted previously, the Department of Land Conservation and Development amended its rules in 2018 to limit solar development on high value farmland. Typically, solar developments require large acreage and relatively flat terrain for their operations. This requirement is a limiting factor in Deschutes County, as many of the properties that would meet large acreage and terrain requirements are actively used for farming purposes. The Bureau of Land Management is exploring an amendment to its rules to allow for greater opportunity for solar development in the western United States. The County anticipates limited solar development on private land going forward and an increase of leased BLM land for this type of development in the future. Commercial Biomass Commercial biomass uses organic material such as wood, agricultural waste or crop residues to power boilers to generate heat. According to the Oregon Forest Resources Institute an estimated 4.25 million acres (about 15% of Oregon's forestland) have the potential to provide useful woody biomass through thinning to reduce the risk of uncharacteristic forest fires. Potential impacts include temporary construction impacts, transportation impacts (as materials need to be transported to a central location), visual impacts, and air quality and climate impacts due to combustion of biofuels. Energy The County's first biomass facility is under construction through a partnership with the Deschutes National Forest and Mt. Bachelor Ski Resort. The project is located on federal land and outside of the purview of Deschutes County regulations. Geothermal Energy Generation Geothermal energy is a form of renewable energy derived from heat in the earth. This heat is transferred to water through various means and the steam produced is used to produce electricity. Geothermal energy is dependent on the location of geothermal resources; central Oregon may contain some of the best prospects for geothermal exploration in the continental United States. Potential impacts include construction and visual impacts of geothermal facilities. Deschutes County regulates geothermal energy in accordance with state law, although no geothermal development projects have been proposed to date. Hydroelectric Energy Generation Currently, Deschutes County has three approved "in conduit" hydroelectric facilities that are owned and operated by irrigation districts within existing irrigation district canals. Approval of these facilities have previously been contentious, with community members expressing concern about wildlife and impacts to other basin users. Irrigation districts have noted challenges in utilizing the existing county code for these projects, which were drafted to address "in channel" hydroelectric facilities. To promote renewable energy development using man-made waterways, irrigation districts have expressed interest in helping the County update the Deschutes County Code to more appropriately address "in conduit" hydroelectric facilities separate and apart from "in -channel" hydroelectric facilities". 14-4 1 Deschutes County Comprehensive Plan Key Community Considerations Community discussions related to energy have revolved around the following topics: • Interest in planning for and adapting to climate change, including using more renewable energy sources. • Concern about the design and location of energy facilities and their impacts on environmental resources and scenic views. • Preparation for more use of electric vehicles in the future, which often require specialized charging infrastructure. Goal 14.1: Promote Energy Conservation and Alternative Energy Production Policy 14.1.1. Continue to incorporate energy conservation into the building and management of all County operations and capital projects using regular energy audits to refine the results. Policy 14.1.2. Reduce energy demand by supporting energy efficiency in all sectors of the economy. Policy 14.1.3. Encourage energy suppliers to explore innovative alternative energy conservation technologies and provide energy audits and incentives to patrons. Policy 14.1.4. Provide flexibility and exemptions for small properties and anomalous sites in the development code to promote energy conservation. Promote affordable, efficient, reliable, and environmentally sound commercial energy systems for individual homes, and business consumers. Policy 14.1.5. Promote development of solar, hydropower, wind, geothermal, biomass and other alternative energy systems while mitigating impacts on neighboring properties and the natural environment. EneFeg Policy 14.1.6. Provide incentives for homes and businesses to install small-scale on -site alternative energy systems consistent with adopted County financing programs. Policy 14.1.7. Support development of electric vehicle charging stations and facilities to help promote use of electric vehicles. Policy 14.1.8. Use the development code to promote commercial renewable energy projects while addressing and mitigating impacts on the community and natural environment. Policy 14.1.9. Use Oregon's Rural Renewable Energy Development Zones to support the creation of renewable energy projects. Policy 14.1.10. Identify, protect, and support the development of significant renewable energy sites and resources. Policy 14.1.11. Include evaluation of adverse impacts to natural resources as part of renewable energy siting processes. 14-5 1 Deschutes County Comprehensive Plan Appendix A = Terrebonne Co munity Plan A-1 I Deschutes County Comprehensive Plan and*x B = Tu alo Appe i U11111111MIM K B-1 I Deschutes County Comprehensive Plan Appendix C Transportation Syste Plan c-1 | Deschutes County Comprehensive Plan Appendix D = Newberry Country Plan D-1 I Deschutes County Comprehensive Plan Appendix E = Goal 5 Supple ental Sections E-1 I Deschutes County Comprehensive Plan Appendix ei d5J`^in E - GoM 5 SapRAJ:5e irnna Sections Section S.1 Introduction Background This chapter provides material that supplements the other chapters of the Plan. There are no goals or policies in these sections. The purpose of this chapter is to provide a glossary, list all acknowledged Goal 5 resources in one location (see Section 2.4) and list all Goal Exceptions and Goal 5 inventories. The final section in this Chapter is a table to track all amendments to this Plan. This table will ensure a clear legislative history is maintained. The following information is covered in this chapter: • Glossary and Acronyms • Goal 5 Water Resources • Goal 5 Wildlife Resources • Goal 5 Open Space and Scenic Views and Sites Resources • Goal 5 Energy Resources • Goal 5 Wilderness, Natural Areas and Recreation Trails • Goal 5 Surface Mining Resources • Goal 5 Cultural and Historic Resources • Goal Exception Statements • Goal 5 Adopted Ordinances • Ordinance History E-2 I Deschutes County Comprehensive Plan Glossary Note: Terms defined in Deschutes County Code 18.04 (Zoning Code) are not repeated here, but have the same meaning as DCC 18.04. "Agricultural -tourism" or "Agri -tourism" means a commercial enterprise at a working farm or ranch, operated in conjunction with the primary farm or ranch use, conducted for the enjoyment and/or education of visitors, that promotes successful agriculture, generates supplemental income for the owner and complies with Oregon Statute and Rule. "Aquifer" means a water -bearing rock, rock formation or a group of formations. "Common Area" means'common property' as defined in the Oregon Planned Communities Act at ORS 94.550(7). "Comprehensive Plan" means a generalized, coordinated land use map and policy statement of the governing body of a state agency, city, county or special district that interrelates all functional and natural systems and activities relating to the use of lands, including but not limited to sewer and water, transportation, educational and recreational systems and natural resources and air and water quality management programs. "Comprehensive" means all- inclusive, both in terms of the geographic area covered and functional and natural activities and systems occurring in the area covered by the plan. "Generalized" mean a summary of policies and proposals in broad categories and does not necessarily indicate specific locations of any area, activity or use. A plan is "coordinated" when the needs of all levels of governments, semi- public and private agencies and the citizens have been considered and accommodated as much as possible. "Land" includes water, both surface and subsurface, and the air. "Conservation" means limiting or minimizing the use or depletion of natural resources, including such things as land, energy, water or wildlife habitat. "Ecosystem" means the physical and biological components and processes occurring in a given area, which interact to create a dynamic equilibrium. "Findings" means a fact, determination or reason, based on existing information, which, by itself or in conjunction with other findings, leads to a particular conclusion or course of action. "Goal Exception" means a land use process through which a local jurisdiction justifies, based on factual evidence, that a policy embodied in a particular statewide planning goal should not apply to a particular property or set of properties. "Green infrastructure" means design and construction practices that significantly reduce the negative impacts of buildings on the environment and occupants. "Groundwater" means water beneath the earth's surface between saturated soil and rock that supplies wells and springs. "Habitat" means a place that provides seasonal or year-round food, water, shelter and other necessities for an organism, community or population of plants and animals. E-3 I Deschutes County Comprehensive Plan "In -stream" as defined in ORS 537.332, means within the natural stream channel or lake bed or place where water naturally flows or occurs. "Instream flow" means the minimum quantity of water necessary to support the public use requested by an agency. "Post -acknowledgement plan amendment" means an amendment to an adopted and acknowledged Comprehensive Plan. "Regional" is used in the context of projects and collaborative efforts with impacts beyond Deschutes County. "Riparian (zone, habitat, or vegetation)" means of, or pertaining to, the bank of a river, or of a pond or small lake. Riparian habitat is riverbank vegetative cover and food for many wildlife species. "Rural lands" means those lands outside recognized urban growth boundaries which are necessary and suitable for such uses as: A. Exclusive farm use; B. General agriculture; C. Forest; D. Rural residential; Rural service center; Destination resort, dude ranch, planned community; G. Landscape management; H. Special interest; I. Open space; J. Fish and wildlife protective area; K. Recreation; L. Surface mining. "Special District" means any unit of local government, other than a city or county, authorized and regulated by statute, which includes but is not limited to water control, irrigation, port districts, fire, hospital, mass transit and sanitary districts, as well as regional air quality control authorities. "Statewide Planning Goals" means the 19 statewide planning standards adopted by the Land Conservation and Development Commission pursuant to OAR 660-015 to express Statewide policies on land use and related topics. Local comprehensive plans must be consistent with the statewide planning goals. "Surface mining" means all or any part of the process of mining by removal of the overburden and extraction of natural mineral deposits. E-4 I Deschutes county Comprehensive Plan Appendix EGoal 5 S ,p p mm xnn i S t ? Sections "Urban Growth Boundary" (UGB) means a boundary established to identify for each city, the land area needed to accommodate 20 years of growth for the city, which is determined to be necessary and suitable for future urban uses capable of being served by urban facilities and services. "Urbanized lands" means those lands within the urban growth boundaries which can be served by urban services and facilities and are necessary and suitable for future expansion of an urban area. "Urban Reserve Area" means a boundary established to identify for each city, the land area needed to accommodate from 20-50 years of growth for the city. Frequently Used Acronyms "BLM" stands for Bureau of Land Management "CCI" stands for Committee for Community Involvement "DCC" stands for Deschutes County Code "DLCD" stands for Oregon Department of Land Conservation and Development. "DEQ" stands for Oregon Department of Environmental Quality "DOGAMI" stands for Oregon Department of Geology and Mineral Industries "ESA" stands for the federal Endangered Species Act "ESEE" stands for Economic, Social, Environmental and Energy in regards to required Goal 5 analyses "FEMA" stands for Federal Emergency Management Agency "LCDC" stands for Oregon Land Conservation and Development Commission "NOAX stands for National Oceanic Atmospheric Administration "OAR" stands for Oregon Administrative Rules "ODFW" stands for Oregon Department of Fish and Wildlife "ORS' stands for Oregon Revised Statute "OWRY stands for Oregon Water Resources Department "RPS" stands for Regional Problem Solving "TSP" stands for Transportation System Plan "UGB" stands for Urban Growth Boundary "URA" stands for Urban Reserve Area "USFS" stands for United States Forest Service "USFWS" stands for United States Fish and Wildlife Service "USGS" stands for United States Geological Survey E-5 I Deschutes County Comprehensive Plan qection 5.3 Goal 5 Inventory - Water Resources Background This section contains information from the 1979 Deschutes County Comprehensive Plan as revised and the 1986 Deschutes County/City of Bend River Study. It lists the water resources in Deschutes County. These inventories have been acknowledged by the Department of Land Conservation and Development as complying with Goal 5. No changes have been proposed for the 2010 Comprehensive Plan update. Goal 5 requires the following water resources be inventoried and the inventories are listed below. • Riparian corridors, including water and riparian areas and fish habitat • Wetlands • Federal Wild and Scenic Rivers • State Scenic Waterways • Groundwater Resources Also included in these inventories are Significant Lakes and Reservoirs. Table 5.3.1 Deschutes County River Miles water -ay Miles Deschutes River 97 Little Deschutes Rimer 42 Whychus Creek shower 6 miles in jeflervon County) 39 Turn alo Creek 16 P'aukina Creek 10 Falk River 18 Crooked Rro er 1 7 source: uescnutw c-CMrfA- ey ax esesa KFVer acuay i rca Table 5.3.2 Deschutes County Goal 5 Riparian Inventory Streams Riparian Acres Table 5.3.3 Deschutes County Goal 5 Fioodplains Adjacent to Rivers and Streams Deschutes River Little Deschutes River Crooked River Spring River Dry River Paulina Creek Indian Ford Creek Lang Prairie Whychus.Creek Source. 1979 Deschutes County Comprehensive Plan as revisedand Federal Emergency Management Agency maps E-6 I Deschutes County Comprehensive plan LTO-MM Inventory: In 1992 Deschutes County Ordinance 92-045 adopted all wetlands identified on the U.S. Fish and Wildlife Service National Wetland Inventory Maps as the Deschutes County wetland inventory. Additionally, Deschutes County Ordinance 2011-008 adopted a Local Wetland Inventory (LWI) covering 18,937 acres in South Deschutes County. Table 5.3.4 Deschutes County Goal S Perennial Streams Bottle Creek Fall Creek Spring Creek Bri* Creek Goose Creels Three Creek Rrtrsh Draw Indian Ford Creek SF Turnalo Creek Bull Creek lack Creels NF'Whychus Creek Cache Creek Kaafeetan Creek Soda Crater Creek Charlton Creek Metolius Creek NF Trout Creek Cultus Creek Park Creek EF NF Turrialo Creek Cultus River Park Creek'V'VF MF Tumalo Creek Deer Creels. Pole Creek First Creek Dry Creek Rock Creek Soap Creek Fall Creek I Todd Lake Creek Nate:: A111 of these streams, except porticos of 1ndliian Ford Creek, Cache Creek and Cory Greek, are rocatee are tedera9 laced and are subject to either the DescNrtes National Forest or the Bureau of Land Management Resource Management Puns_ Source: 15 79 Deschutes County Comprehensive Place as revised Table, 5.3.5 Deschutes; County Riparian Ownership Ftiver or Stream Ownership Deschutes River PrivaiteTederal' Little Deschutes River Privaite)Federal Fall Diver Private/Federal Tun -tab Creek. Private/Fe I Three Creek Privalte/Fedenal Whychus Creek PrivatelFederal Trout Creek PrivatelFedieral Dry Creek Private/Federal Cache Creek Private/Federal Indian Ford Creek PrivaitefFederal Cultus River Federal Charlton) Creek Federal Deer Creek Federal Cultus Creek Federal Quinn Creek Federal Fall Creek Federal More Creek Federal) Source: 19'79 Descivites County Comprehensive Plana as revised FEDERAL WILD AND SCENIC RIVERS Inventory: The following segments of the Deschutes River have been designated as Federal Recreation and Scenic rivers by the passage of the 1988 Omnibus Oregon Wild and Scenic Rivers Act of 1988. Congress mandates the US Forest Service to prepare a management plan for these segments of the Deschutes River. E-7 I Deschutes County Comprehensive Plan Appendix E - GoM 5 SupplementM Secdons Table 5.3.6 Deschutes County Wild and Scenic River Segments Waterway -Description Deschutes River From Wickiup Dam to Fall River (22 miles) Deschutes River Fall River to N boundary Sun River (20 miles) Deschutes River -N boundary Sun River to Bend UGB (13 mites) VVhychus Creek (formerly Squaw Greek) Includes all tributaries within the Three Sisters Wilderness, Soap Creek and the main stem from the wilderness boundary to the stream flow gauge I station Source: County Orcrinance 92-052 Table 5.3.2 Desehutes County Significant Lakes and Reservoirs IMMIMIM ir Crane Prairie; Reservois k R South Twin Lakeit R 15471 154 1 FI Upper Turnaflo Resefyoir WkWup Reservoir Source: Deschutes City Ordnance 92-G52 Scenic Surface and I adjacent to -d lakes and rit. E-8 I Deschutes County Comprehensive Plan Appendix E „ Goal 5 Sup e! n l Sections ;7ection 5.4 Goal 5 Inventory - Wildlife Habitat Backgmwrll This section contains wildlife resource information from the 1979 Deschutes County Comprehensive Plan as revised. These inventories have been acknowledged by the Department of Land Conservation and Development as complying with Goal 5. No changes have been proposed for the 2010 Comprehensive Plan update. However, an updated inventory has been provided as described in Section 2.6 of this Plan and will be incorporated at a later date. E-9 I Deschutes County Comprehensive Plan Bird Sites (source: 1979 Deschutes County Comprehensive Plan as revised) Bald Eagle Habitat Sites on Non -Federal Land or with Non -Federal Sensitive Habitat Areas. Site # Taxlot Quarter Section Site Name DE0035-00 15-10-00-1400 23NWNE Cloverdale NW DE0035-01 15-10-00-1400 23NENE Cloverdale NE Tabi , 5.4.1 — Bird Inventory aiirdis Sel List 1992 Use Ao,d' S = sumrn - W = Winter _ Year round Relative Abundance A =Abundant C = Common F = Few R _ Dare Cl = Unknown American .avocet S F American Bittern S F mieriican Coot C: American Goldfinch S Ca American Desbrel American Widgeon, X C: Anna's Hummingbird S F Ashy -throated Flycatcher S F Bald F411e X F Bank Swallow S F Bates; Owl C: Baran Swallower S Barred Owl X, U Belted) Kingfisher X F Bewick's Wren X F Black-baclkedl Woodpecker X F Black -billed Magpie Black -capped Chickadee W F Black -chinned HumminglArd S F Black -crowned ight Heron S F Black -headed Grosbeak S F Black -throated Greg Wattle S F Blue Grouse X F Blue- nged Teal S F Bohemian, Waxwing W F Boreal Owl X F Brewers Blackbird X C; Brewer's Sparrow S F Brown Creeper X. F E-10 1 Deschutes County Comprehensive Plan Appendix E - Goal 5 Supplemental SeWwns Birds SeI& t—list I Use PerW S = Summer W = Winter X Year round Rektive Abundance A Abundant C = Common F = Few R = Rare U Unknown Brown -headed Cowbird S C Bufflehead X C Buri-owing Owl S R California Valley Quail X C Calliope Hummingbird S F Canada Goose X C Canyon Wren X C Caspian Tern S F Cassin's Finch X C Cedar Wm vMrkg X. C Chipping: Sparrow S C Chukar Parttidke X R California Gull X C Clark's Nutcracker X C Cliff Swallow S C Common Bushitit X C Common Crow X R. Common Loon S R. Common Merganser X C Common, Nighthawk S C Common Raven X C Common Snipe S F Coopers Hawk. X C Dark -eyed junco, X A Dipper X F Double -crested Cormorant S C Downy Woodpecker X C Dusky Flycatcher S F Fired Grebe W F Eastem KinglArd S F Evening. Grosbeak X C Ferruginous Hawk S F Flammulated Owl S F Fox: Sparrow S C Frarddin's, Gull S F Gadwall W F Golden Eagle X F Golden -crowned Kirdet X F Goldeneye X C Goshawk X F Gray Jay X C Gray Partridge X R House Sparraw, X C E-11 I Deschutes County Comprehensive Plan Appendix E - Goai 5 Suppleiwiental Sections Sir& Selected Ust 19912 Use Period S = Summer W = Winter X = Year round Relative Abundance A = Abundant C = Cxwfirnon F =Few R = Rare U = Unknown House Wren S F Killdeer: X C Lark Sparrow S F Lazuli Benging S F Least Sandpiper- S F Lesser Goldftncb X R Lesser, Scaup W C Lewis'Woodpecker S F Lincolifs Sparrow X F Loggerhead Shrike X F Long -billed Oirlew S R Long -billed Marsh Wren S F Long-eared Owl X F MacGillivra)(s Warbler S F Mallard X C Medlin W R Mountain Bluebird X C Mountain Chickadee X C Mourning Dove X C Nashville Warbler X F Northern, Harrier X F Northern (Driolle S F Northern Phalarope S F Three -toed Woodpecker X F Cilive-sided Flycathcer S C Orange -crowned Wart4er S F Osprey- S C Peregrine Falcon X R, Pileated W(xApecker X F Pine Grosbeak X R, Pine Sisldn X C Pinon, Jay X C Pintail W C Prairie Falcon X C Purple Finch X F Pygrq Nuthatch X C Pygmy Owl X F Red Crossbill X F Red -breasted Nuthatch X C Redhead W F Red -shafted Flicker X C Red-tailed Hawk X C Red -winged Blackbird X C E-12 I Deschutes County Comprehensive Plan Appendix E - Goal S SuppNmental Secflopns Birds Selected List 1992 Lhe PL-riod S = Summer W = Winter X Year round Relative Abundance A = Abundant C = Common F =Few R = Rare U Unknown Ring -billed' Gull X C Ring -neck Duck W F Ring-necked Pheasant X F Robin X C Rock Dove X C Rock Wrell S C Rosy Finch X R. Rough -legged Hawk W C Rought-winged Swal.km S F Ruby-crownedKineet X F Ruffed Grouse X F Ruffous Hummingbird S F Rufous -sided Towhee X F Sap Grouse X F Sage Sparrow S R. Sage Trasher S C SandhM Crane S F Song Sparrow X F Sara. S F Spotted Owl X F Spotted Sandpiper S F Starling X C Steller's Jay X F Swainson's Hawk. S R. Swainson's Thrush, S F Townsend's Solitaire X C Tree Swallow S C Turkey X C Turkey Vulture S C Varied Thrush X F Vaux's Swift S F Vesper Sparrow S F Violet -green Swallow S C Virginia Rail S F Warbling Mereo S F Water Pipit X F Western Bhuebirdl S F Western Flycatcher S F Western, Grebe S C Western Kingbird S F Western Meadowlark S C Western Sandpiper, S F Western Tamer S F E-1 3 1 Deschutes County Comprehensive Plan Appendix E - Goal 5 SupplennentM Sections Birds Selected List 1992 Use Period S = Summer W = Winter X = Year round Relative Abundance A = Abundant C = Common F = Few R Rare U Unknown Western Wood Pewee S F White -breasted Nuthatch x F White -crowned Sparrow S F Wbite-headed Wooclper-ker x F wwon x F Williamson"s; Sapsucker x F Willow Flycatcher S R, Wilson's Phalarope S R. Wilson's Warbler S F Winter Wren x F Wood Duck, S F Yellow Warbler S IF Yellow -bellied Sapsucker X F Yellow -headed blackbird S F Yellowthroat S F Source: E 9,79 Deschutes County Comprehensiwe Plan as revked The Oregon Department of Fish and Wildlife (ODFW) has identified two bald eagle nests in Township Table 5.4,2 — Amphibian and Reptile Inventory Amphibians and Reptiles Sek,cted List 1992 Use Period S = Summer W = Winter X = Year round Relative Abundance A Abundant C = Common F = Few R = Rare U = Unknown Bulffrog x F Cascades Frog x F N. Gras -shopper Mouse x F Northern Water Shrew x F Norway Rat x F N. Pocket Gopher x U; Ords Kangaroo Rat x C Pacific Mole x UI Pallid Bat S U Pine Marten x C Pinon, Mouse x F Porcupine x C Pronghorn Antelope x C Raccoon x C Red Fox x F River Otter, x C Rocky Mtn FJk x C Roosevelt Elk x C Sagebrush Vole x C E-14 I Deschutes County Comprehensive Plan Appendix E - Goal 5 Supplemental Sections Amphibians and Reptiles Selected List 1992 Lhe PL-riod S = Summer W = Winter X = Year round Relative Abundance A = Abundant C = Commn F = Few R = Rare U = Unknown Shorttail Weasel X F Silver -haired Bat S U Sn-mil-footed Myotis S U Snowshoe Flare X F Striped Skunk X C Townsend Ground Squirrel X C Townsends Bid eared Bat X F Trowbridge Shrew X F Vagrant Shrew X UI Water Vole, X C Western, Gray Squirrel X C Western Harvest Mouse X C Western jumping Mouse X F Westerni Pipistrel S UI Whitetail jacks it X R Wolverine X R Yellow Pine Cbipffwnk. X C Yellow -bellied Marmot X F Yarna. Myotis. X F Common Garter Snake X F En-satina. X R Gopher Snake X C Great Basin Spadefoot Toad X F Long -toed Salamander X F Nkht Snake X U Northern alligator Uzard X F Pacific Tree Frog X C Racer X F Red -legged Frog X F Roughsldn Newt X R Rubber Boa X F Sagebrush Lizard X F Sha."Ied Snake. X. U Short-hamed Lizard X R Side -Watched Lizard X U Spatted Frog X F Striped Whipsnake X U Tailed Frog X F Western Fence Lizard X C Western Rattlesnake X. F Western Wink X F Western Toad X F %nurff-p- 1979 Muschutips County ComDrehensive Plan as revised E-1 5 1 Deschutes County Comprehensive Plan Appendix E!- Goal 5 Suppilleimental Sections Table. 5.4.3 - G" 5 Fish Distribution Inventory 1 *0 CLuo U 3 4z Spring River Turnzio Creek not MIT Little Deschutes River Park Creek lhreeC.reekSC.reeK-mmmmmmmmmm_=--__= Sink Creek Quinn River QuinnCr-eek Browns Creek FallifUver INKEE WMTR T '- Name, namr-amy repreaucm% 2 - Introduced. naturally reproducing 3 Introduced. pefjodic stacking required to maintain population I and 3 2 and 3 Source: I W9 Deschutes County Comprehensive Plan as revised 1'We SAA Fieta ed Minimum Flows for Fish Life Stream ja'n Feb Mar I Apr lli+'lay June July Aug Sept Oct Nov Dec Deschutes River(1) 200 200 200 200 200 200 200 200 200 200 200 200 Deschutes River (2) 400 400 400 400 400 400 400 400 400 400 400 400 Deschutes River 3) 660 660 660 660 660 6-60 660: 6,60 "0 660 660 660 Deschutes River 4 300 300 300 300 300 300 300 300 300 300 300 300 Deschutes River (5) 80 80 80 80 B0 80 80 80i 60 80 80 80 Deschutes River (6) 40 40 60 60 60 40 40 40 60 60 60 60 'hychus Creek (7) 20 10 10 10 10 10 10 10 10120 30 20 20 Whychus Creek 8 10 1W20 .30 30 31D 20 10 10 10 10 10 10 Indian Ford Creek 4 3 3 3 3 3 .3 1 3 314 6 4 4 Tuanalo Creek 35 35 47 47 47 5 10 10' 10/35 47 35: 35 Spring Riven- 300 300 300 300 300 300 3004 300 300 300 300 300 Little Deschutes River 80 80 80 2,00 200 150 100 lo0 100 100 200 200 Fall River 70 70 100 100 100 70 50 50 50 100 100 100 Browns Creek 15 115 25 25 25 15 15 15 25 25 25 25 Quinn River 20 20 20 20 20 20 20 20 20 20 2.0 20 Cultus Creek M !U J2 32 32 20 5 5 YIN 32 lu 10 Cultus River .50 50 50 5D 50 50 50 50 70 70 70 70 Snow Creek 15 15 .30 30 30 20 15 15 15 30 30 20 Quaiain Creek 20 20 20 12 12 12 12 12 112J20 35 35 35 Soda Creek 20 20 2.0 6 6 6 6 6 &20 31 1 31 31 Fall Creek 35 35 35 20 20 20 20 20 20135 46 46 46 Goose Creek 7 7 7 4 4 4 4 4 V7 No 10 to Three Creek 7 7 10 10 10 7 2 2 2i7 10 7 7 a� — wrrarsw" in Hall- feet mer second_ The recommended ins should arrive at the aainc of reconinueMation and-•;, conmnve to the mouth of that stream or to the next pniint for vAich a &fferent florow is; recommended. Stream fl reammwwridied im Appendix f are designed fse ganmse fish production and are not necessargy adetuaoe for wildlife, especiaeIr veraterforM and ftrbearers: Neither would they necess3mly be recommended below fi=re impoundments.. (1) Bend m Round Butte Reservoir M L Deschutes & to Span River (3) Spring River to Bend WkWflp Dam to L Deschutes River (5) Crane Prairie Dam to'r1Vkl iwp Reservoir (&5 At USES Game f 4 05W ITS Be1ow USW Gage 64-41750 l;IY,l Mow Camp Polk Source: 1179 Deschutes County Comprehrensive. Pbn as revised 15S, Range 10E, Section 23, Tax Lot 1400. The ODFW identifiers for these sites are DE0035-00 and DE0035-01. The sites are also known as Cloverdale. The sites are described in the Oregon Department of Fish and Wildlife Central Region Administrative Report No. 93-1. The sensitive habitat area is identified as the area east of Highway 20 that is within a 1/4-mile radius of each nest site. Site # Toxlot Site Nome DE0036-00 17S-11 E-26-5900 Shevlin Park The Oregon Department of Fish and Wildlife (ODFW) has inventoried a former bald eagle nest site in Township 17S, Range 11 E, Section 26, Tax Lot 5900. The ODFW identifier for this site is DE0036-00. The site is also known as Shevlin Park. The site is described in the Oregon Department of Fish and Wildlife Central Region Administrative Report No. 93-1. Site # Toxlot Site Nome DE0037-00 22S-09E-04-4500 Wickiup Reservoir Deschutes County Comprehensive Plan Table 5.4.5 Instream 1i+11'ater Right Program (311192) Data -base `sum airy Report BASIN STREAM > PARENT UPSTREAM DOWNSTREAM SPECIES A PP t E�RT DATE 05 STREAM ,i LIMIT LIMIT NO. R B, BT, 05 Deschutes R Crn Prairie ties ' ic1�1up Res OR, M 07'0764 10a`I INo �Caaluaralaia R K 05 Deschutes R > Little Lava Lk Cm Prairie Fees M BT' 070763 1 ot1 1110 Columbia R K. WF 05 Deschutes R > 193.0 190.0 MPS 59777 1 1r'o3183 Columbia R 05 Deschutes R > 227.0 193.0 MPS: 59776 11 ffl.;83 Columbia R 05 Deschutes R 190.0 165.0 MPS 59778 1 1a03ffi Columbia R 0+5 Fall R > Deschutes R Cage I4057500 Mouth RB', BT" `'F 07062 1011 1f90 OR, 015 Indian Ford! Ct > Whychus Headwaters Mouth R.B 070760 1011 1)90 Cr I 05 Little Deschutes R > Crescent Cr Mouth R'B" BT' 070757 l0fl Ino Deschutes R OR, WF 015 Metohus R. > Deschutes R Metalius Spring,Carr . n Cr BUT, K. 070699 09P +90 +5 Snow Cr > Deschutes R Headwaters Mouth R:B., BT 070756 10.110190 05 Whwcluus Cr > Deschutes S Fk Whltchus Indian Foard Cr RB, BT 070754 10,111j130 0+5 Tumalo Cr > Deschutes R, S Flk Turnailo Cr Mouth W BT" 070752 ]on 1N0 OR a,mre� 197'9 nprlmutar C.nunity Com rshensive Flaw as revised The Oregon Department of Fish and Wildlife (ODFW) has identified a bald eagle nest in Township 225, Range 09E, Section 04, Tax Lot 500. The ODFW identifier for this site is DE0037-00, Wickiup Reservoir. The site is described in the Oregon Department of Fish and Wildlife Central Region Administrative Report No. 93-1. Site # Toxlot Site Nome DE0038-00 22S-09E-34-500 Haner Park The Oregon Department of Fish and Wildlife (ODFW) has identified a bald eagle nest in Township 22S, Range 09E, Section 34, Tax Lot 500. The ODFW identifier for this site is DE0038-00, Haner Park. The site is described in the Oregon Department of Fish and Wildlife Central Region Administrative Report No. 93-1.The sensitive habitat area includes the area within one -quarter mile of the nest site. Site # Toxlot Site Nome DE0039-00 22S-09E-06-500 Wickiup Dam The Oregon Department of Fish and Wildlife (ODFW) has identified a bald eagle nest in Township 22S, Range 09E, Section 06, Tax Lot 500. The ODFW identifier for this site is DE0039-00, Wickiup Dam. The site is described in the Oregon Department of Fish and Wildlife Central Region Administrative Report No. 93-1. Site # Toxlot Quarter Section Site Nome DE0046-00 20-10-34-3401 34NWSE Bates Butte E-18 1 Deschutes County Comprehensive Plan The Oregon Department of Fish and Wildlife (ODFW) has identified a bald eagle nest in Township 205, Range 10E, Section 34, Tax Lot 3401. The ODFW identifier for this site is DE0046-00, Bates Butte. The site is described in the Oregon Department of Fish and Wildlife Central Region Administrative Report No. 93-1. The sensitive habitat area includes the area within one -quarter mile of the nest site. Great Blue Heron Rookery - Black Butte Ranch The Oregon Department of Fish and Wildlife (ODFW) identified a great blue heron rookery in Township 145, Range 9E, Section 10 SENE. The County inventoried and adopted this site as a Goal 5 resources in Ordinance 92-041. E-19 I Deschutes County Comprehensive Plan ApperidN E - Goal 5 Supplemental Sections Golden Eagle Sites Table 5.4,6 - Golden Eagle Nest Site Inventory on Non-federal Land or with Non -Federal Sensitive Hhbkat Area Table SAJ- Prairie Falcon Nest Site Inventory on Non -Federal Land or with Non -Federal Sensitive Habitat Area MM f-M111111111111111111 -, -it I -, - E - re-MMIRM. 9 0, 1 :1*31 all wig "111310 -Smith-Rock State Par . uTce: 197 9 Deschutes Table 5A.,&- Osprey Nest Site Inventory an Ikon -Federal Land or with, Non -Federal Sensitive Hahkatl Area E-20 I Deschutes County Comprehensive Plan Append�x E .- Goal 5 SuppNemental Sections T able 5.4.9 - Upland Game Bird Habitat Ring-necked Pheasant 1Mis 0=1 Wafr.olmi 0,1111TOOTT11 Chukar: Partili* LM11=1 1007 11 Q Source: E 979 Desdwtes County ComrehensWe Plan as revked T able 5.4. 10 - Sage Grouse Lek Inventory an Non -Federal Lands or with Non -Federal Sensitive Habitat, Areas E-21 I Deschutes County Comprehensive Plan Appendix E - Goal 5 Supplemental Sections Section S.S Goal S Inventory - Open Spaces, Scenic Views and Site Background I This section contains information from the 1979 Deschutes County Comprehensive Plan as revised. It lists the open spaces, scenic views and sites resources in Deschutes County. These inventories have been acknowledged by the Department of Land Conservation and Development as complying with Goal 5. No changes have been proposed for the 2010 Comprehensive Plan update. To protect scenic views, landscape management areas have been defined and a combining zone created. on lands outside urban growth boundaries and rural service centers along the portions of roadways listed below, landscape management zoning applies and a case -by -case site plan review is required. The area extends 1/a mile on either side from the centerline of the roadways and includes all areas designated as State and Federal Wild, Scenic or recreational waterways and within 660 feet from either side of designated rivers and streams as measured from the ordinary high water level. Inventory: All land within one -quarter of a mile, as measured at right angles from the centerline, of any of the following designated Landscape Management Roadways. All land within the boundaries of a state scenic waterway or a federal wild and scenic river corridor; and all land within 660 feet of the ordinary high water mark of portions the following designated rivers and streams which are not designated as state scenic waterways or federal wild and scenic rivers. Ta bl'e 5.5.1 Deschutes County Landscape Managenvent Areas Landscape Management Roads Miles U.& Highway 97 North County line to Redmond LICIT 7.5 J.S. Highway 97 Redmond 11GB to Fend LICIT 1'2 US, Highway 97 Bend UC13 to South County line 35 U. se Highway 2 —1 26 North County line to Sisteirs CNC8 I! I U.s& Highway 126 Sisters UGB to Redmond UGB 21.5 Ua Higi wdy 20 Siswi1 UGB Lo fi rid UGB 23 Smith Rock Road Highway 97 to Smith Rock 3.5 Sisegmore Road Cloverdale to Bend UGB 19 Slyliner Road 15.5 Century Drive Bend to Mt Bachelor 2.5, South Century Drive 2.7 Cascade Lakes Highway 46 Waldo Lake Road R B Cultus: Lake Road 2 Little Cultus Lake Road 6, E-22 I Deschutes County Comprehensive Plan Landscape A01anagerxaent loads miles Twin des Road 6 Feeler Road (East Crane Prairie Road) 16.5 East Deschutes. Road 114 Deschutes Road 9 Wicidup Road 4 Pringle Falls Loop R La Pine Recreation Area Access Road 1 o Paulina-East: Lake Road 22.5 Lava Cast Forest Road 20.5 Highway 20 east to the County Line: 25 Pine Mountain Road 7.,5 Ford Road 6.5 Three Creeds Lake Road 16 Three Trappers Reel 20 Dillon His Road 60 Matsen, Road 2 State Fl#,way 31 2..5 Road to 13enharn Falls 4.5 State Hotway 242 McKenzie Highwwy Landscape Management Rivers and Streams miles Deschutes, River Little Deschutes (River 43 Paulina Creek l9 Fall River 81 Spring River 1.2 Tumalo Creek 163 Whychuus Creed: (:formerly Squava Crooked) River [0 Sawce_ Deschutes County Ordinance'42-052 Areas of Special Concern Inventory Inventory: The Resource Element of the Deschutes County Year 2000 Comprehensive Plan (1979) identified sites as Open Spaces and Areas of Special Concern. Table 5.5.2, lists the inventory of sites identified as Areas of Special Concern located on federal land. Table 5.5.2 "2N' Areas of Special Concern ID # Manse Location 9' Bachelor Butte T18S R09E SEC: 29-32 11 Pine Mt. Observatory T20S R 1' 5E SEC: 33 13 Dry River T19S RI'.5E SEC 19 & 30 T19S RI 4E SEC 2V III 13t 14&24 14 Arnold Ice Craves T19S RI 3 E SEC. 22 15 Charcoal Cave T19S RI 3 E SEC 22 16 Skeleton Cave T 19S R l :3E SESE SEC 4 12 Wind Cave T19S R13E NW fr SEC 23; Ste' 1f4SEC: 14 31 Tumalo Falls T18S RIDE NW 1/4 SEC 08 33 Lava River Caves T19S RI' IE SE V. SEC 26 E-23 I Deschutes County Comprehensive Plan Appendix E - GoA 5 Supp�emental Sections tD# Name Location. 34 P&oe Falls Experimental Forest T21 S R09E SEC 21-23, 27 & �28 39 Benham Falls T19S RI IE SW 1/4 SEC 9 45 Paulina Mountain T22S R I 2E SEC 1-3 & 10- 12 49 Lavacicle Cave T22S R t 6E SENE SEC 05 50 Lava Cast Forest T20S R. [ 2E SEC 15, 16, 21, 22, 27-35 51 Lava Butte Geologic Area T19S Rl IIE SEC 18 52 Pine Mountain North Slope T20S R I -5E SEC 28,29 & 33 54 McKenzie Sunvnit T I 5S R07E SEC 17 55 I &wberry Crater T21 RI' 2E SEC 34-36 65 Bend Watershed T I 7S R09E SEC. 35 & 26 T18S 13,09E SEC 1, 2,3, 10, 111, & 12 66 Bat Cave T!19SRHESEVSEC. 14 68 Boyd Cave -FT-US T19S R13E SENW SEC 8 - 6.9 Frederick Butte R 1 9E SEC 32 Source- DeschAAes County Ordinance 92-05) Land Needed and Desirable for Open Space and Scenic Resources Inventory: The following list shows land needed and desirable for open space and scenic resources: Table 5.5.3 Land Needed and Desiralbk fOpen Spaces and Scenic Resources State Park% Location size Smith Rock State Park T I 4S,, R 13 E, SEC. I � 11, 14 & 15 600 acres Cline Falls State Park T I 5S, R 1; 2E, SEC 14 9.04 acres Tuffolo Stabe Pat* T1 75, R 12E, SEC 6 320.14 ass hbt Butte State Perk T17S, R,12E, SEC 33 & 34 100.74 acres T20S, R I GE, SEC 33 & 34 2,3133. 2 La Pine State Area e. Rec T2 I S, R I OE, SEC 3, 4., 8, 9, 10, 11, 12 T21 S, R 1: 1 E,, SEC 7 acres Source: Deschutes Qxmty Ordmnce 92-052 E-24 I Deschutes County Comprehensive Plan Section 5.6 Goal 5 Inventory ® Energy Resources Background This section contains information from the 1979 Deschutes County Comprehensive Plan as revised. It lists the energy resources in Deschutes County. These inventories have been acknowledged by the Department of Land Conservation and Development as complying with Goal 5. No changes have been proposed for the 2010 Comprehensive Plan update. Hydroelectric Resources of the Upper Deschutes River Basin Inventory: Available information is adequate to indicate that the resource is significant. The City of Bend/Deschutes County River Study inventoried 16 proposed hydroelectric project sites in Deschutes County. Twelve were located on the Deschutes River; two on Tumalo Creek; two on Whychus Creek; and one on the Crooked River in Deschutes County. For a more detailed discussion of the hydroelectric resources in Deschutes County see the Deschutes County/City of Bend River Study, April 1986 (River Study), Chapters 2, 3, and 4. Also refer to the River Study staff report. The River Study and River Study staff report are incorporated herein by reference. Table 5.6.1 Hydroelectric Resources of the Upper Deschutes Basin* Deschutes River River Mile Capacity (megawatts) Crane Prairie 239 0.6, Wickiup Dam 226.8 7D Pri e Fal is 217 1.6 Lava Diversion 182.4 I! 1.5 Dillon Falls: 177.6 7.2 Aspen Diversion 175.2 3.2 Island Diversion 174.6 7.5 .Arnold Fiume 174.5 4.2 COE siphon 170.0 6.5 North Canal Dam 164.8 2 0 Bend Canal Diversion 162.4 3.0 Turnalo Creek River Mile Capacity O"gawatts) Columbia Southern 9..5; 9.3 Whychus Creek River Mile Capacity (megawatts) Whychus Creek 25 0.6 Whychus Creek 30..5 3.5 Croaked River River Mile Capacity (megawatts) Ci-oaked River Drop 1 164.8 1 10.7 Source: Deschutes County Ort#inance 92-052 * Note that the conflicting use analysis from the River Study and subsequent amendments prohi fit new hydroelectric facilities that are not physically connected to an existing dam, diversion: or conduit. (Ord.86-017, 86,018� 86-019, 92-052) * Note that the conflicting use analysis from the River Study and subsequent amendments prohibit new hydroelectric facilities that are not physically connected to an existing dam, diversion or conduit. (Ord.86-017, 86-018, 86-019, 92-052) The prohibition refers to the following: E-25 I Deschutes County Comprehensive Plan Appendix E .- Goal 5 Suppleryen tal Sections 1. Deschutes River, from its headwaters to River Mile 227, above but not including Wickiup Dam, and from Wickiup Dam to River Mile 171 below Lava Island Falls; 2. Crooked River; 3. Fall River; 4. Little Deschutes River; 5. Spring River; 6. Paulina Creek; 7. Whychus Creek (was Squaw Creek); 8. Tumalo Creek. 2 Inventory: The County adopted Ordinance 85-001 which complies with Goal 5 (OAR 660-016). The ordinance amended the Comprehensive Plan and adopted a Geothermal Resource Element including a resource inventory and ESEE analysis. E-26 I Deschutes County Comprehensive Plan Section 5.7 Goal 5 Inventory - Wilderness, Natural Areas, and Recreation Background This section lists wilderness areas, natural areas and recreation trail resources in Deschutes County. Inventory: Wilderness areas are represented by all lands within the existing Mt. Washington and Three Sisters Wilderness Areas as shown on the Deschutes National forest Land and Resource Management Plan Map, and all lands included in the Bureau of Land Management's (BLM) State of Oregon Wilderness Status Map for Deschutes County and BLM Wilderness Study Areas (WSA) as shown on the Brothers / La Pine Resource Management Plan. Ecologically and Scientifically Significant Natural Areas Inventory: The following sites are the inventories ecologically significant natural areas in Deschutes ° 1 abler S.7.1 WillAerness .Areas Name Acres ML Washington Wildenness Area 1113,563 Three Sisters. Wilderness Area 521,706.. Badlands. 3226 11 l--lamptcsr1 Buttel'Ql, t+eel ead FIls 920 Source: Deschutes Caqmty Ordimnce 92-0,52 County by the Oregon Natural Heritage Program and there is sufficient information based on site reports from the Heritage Program to complete the Goal 5 review process. Approved Oregon None listed Table- 5.7.2 Ecologically and Scientificalty Significant Naturad areas Name Location Quality Quantity Ningle Falls Research Natural Area T21 S, RW9 SEC. 3, 34 & 35 Excellent. 1 „160 acres Horse Ricige Research Natural Are TI9S, R14S, SEC:. 15 & 22 Excellent 600 acres 'Vest F-lampton Butte T22S, R20E, SEC 31 & 32 Good 1,280 acres Ijtde Deschutes River I Deschutes River T20S, R I 1 E, SEC: 7 Excellent. 400 acres Cbrifluence Davis Labe T22S, Ida E, SEC 25 chi 26 Goody 4,000 acres 3"22S, 118E, :SEC, 31 Sowrce: Deschutes Crotty Orelimnce 912-052 E-27 I Deschutes County Comprehensive Plan Background This section contains information from the 1979 Deschutes County Comprehensive Plan as revised. It lists the surface mining resources in Deschutes County. These inventories have been acknowledged by the Department of Land Conservation and Development as complying with Goal S. No changes have been proposed for the 2010 Comprehensive Plan update. Table S.S. I — Deschutes County Surface Mining Mineral and Aggregate Inventory li �I Ik! 1 � - i1'FM l�tiA A Harrington Loop ' oad Fryrear i.. , FqmarLandfill! ti •ii 1 114 M iti'0', f,IK i 1200 0 i� i► tl M li �i j i A E-28 I Deschutes County Comprehensive Plan # Access/Location .F i t0W r r ShtMin PaMohnson "r 02702 1 �Johnson � ; r n r ll r- MRIbIrIfff cade 4 II 1 �yy Nryfice tl ti t 315 93,454 tons 316 317 .11'Iwl tM �,rr 11 tt'� Lower M t t_ BridgelTerreboinn tt I F ".ttt 1 tt331 t tts t 0 tt 1t"� r.r 00100, t 332 tI � ® Northwest —lair nne 00102 .; 333 f n,Mu ri r' rr� t ® t ItN WaylRecknond It 00890 R M11 t' It t NButteJRedmond r err r Cinder! 339 t • r :y r. Itl' �t r 341 rr E-29 I Deschutes County Comprehensive Plan Appendix E - Goai 5 Supplernental Sections r. 161 136-DO- 1 00 100, 1; 61 11 Johnson 00404% i RoacbTumato 10300 161 I';36-DO- 00100, 611 00- 110400, 10300 02800 oil -I -CO- 12600,[8112 00-0 1600 i '; ; r � tl► t � E-30 I Deschutes County Comprehensive Plan • f _ � f Ma Hwy 97tSouth Bend ;o ;a f M.01MAWIN 0A - f . : _: Hwy, 2(YEast of Bend 11 T 9 W -® '/ t!'...,: 7 a'. cellent Bend MEMAWIN ( � s s IF ' a KIIIYyO .11111111 Mk Lump Pumice E-31 I Deschutes County Comprehensive Plan Appendix E z- Goal 5 Supplemental Sections F-7M M. H i ........... ClovercWe Rcad is - 501 50 y Orr t'M +. i ® rr rltw i! 5 0! Mid Koil NI ORMINIMPM ENTUME I!,"il y-jr,j j I o 506 SEEM 508 11 T ! ® N r il` In}� ! 515 MIR 4:r r ,t;=r _ i is ._ ® ! '522 524 528 ® r l:,/ E-32 I Deschutes County Comprehensive Plan Appendix E - Goal 5 SuppN mental SecUons AcceWILocation ® wow 141wow - 02000,2100, Inc Portions of TL 2200,2300, 18=19W 24M 2500, 2600 "I YJ 0, * Quantity in cubic, yards. mess otherwise noted Source: 19,79 Deschutes County Comprehensive Plan as revised Table, S.8.2 — Deschutes County Non -Significant Mining Mineral and Aggregate Inventory Site # Taxiot Name Type Quantity' Comments Whychus Creek 5-1 G- 14-700 Irrigation Sikr sand,, 200,000 cy Reservoir Size is 100 District— & dirt 80 acres. Watson Reservoir L Whychus Creek 15-10-14-700 Irrigation sand &. cNrt ,000 600Cy Reservoir size is 1101 District— 40 acres. Watson Reservoir fl. Whychus Creek 14-1 [-33500 Irrigation Sift„ sand,, 100,000 Cy Reservoir size is 102 District— & dirt 12 acres McKenzie Reservoir Whychus Creek Reservoir 103" 14-111-33-500 Irrigation District— Sand & c1irt 250,000 to 300,000 car20 expansion size is acres McKenzie Reservoir E-33 I Deschutes County Comprehensive Plan Appendix E .- Goai 5 Supplemental Sections 4 Quantity in cubic yards. wdess otherwise noted Source- 19719 Deschutes County Cbmprehensive Plan as revised E-34 I Deschutes County Comprehensive Plan Section S.9 lHistoric Background This section lists Locally Significant Historic Resources and National Register Resources in rural Deschutes County. These inventories are acknowledged by the Department of Land Conservation and Development. In 2020, Deschutes County's inventories were updated to comply with Oregon Administrative Rule (OAR) 660-023-0200, Historic Resources. OAR 660- 023-0200 was amended in 2017. Locally Significant Historic Resources 1. Alfalfa Grange: Grange building and community center, built in 1930, located on Willard Road, Alfalfa. 17-14-26 TL 400. 2. Allen Ranch Cemetery: Oldest cemetery in Deschutes County. 30' by 40' fenced cemetery plot. Situated 100 yards west of South Century Drive, one-half mile south of Road 42. Two marble gravestones, two wooden markers. 20-11-7 TL 1700. 3. Fall River Fish Hatchery "Ice House": The hatchery "Ice House" dates from the beginning of fishery management in Oregon, circa 1920. It is an 18 foot by 18 foot improvement, the only original building remaining on the property, and the only significant building or structure on the site. Located at 15055 S. Century Drive, E'/z; NEB/4; Section 32, Township 20S, Range 10 E, Tax Lot 100. (Ordinance 94-006 §1, 1994). 4. Long Hollow Ranch - Black Butte: Headquarters complex of historic ranch, located on Holmes Road in Lower Bridge area, including headquarters house, ranch commissary, equipment shed, barn and bunkhouse. 14-11-1 TL 101. 5. Swamp Ranch - Black Butte: The present day site of the Black Butte Ranch was part of the vast holdings of the Black Butte Land and Livestock Company in 1904. No buildings from the period exist. 14-9-10A, 10B, 15B, 15C, 16A, 21A, 21 B, 21 C, 22A, 22B. 6. Brothers School: Only one -room schoolhouse currently in use in Deschutes County, located on Highway 20 in Brothers. 20-18-00 TL 3200. 7. Bull Creek Dam: The Bull Creek Dam, a component of the Tumalo Irrigation Project was constructed in 1914 to form a water storage reservoir to increase the amount of irrigated acreage at Tumalo. It is a gravity type of overflow dam. Two cut off walls are extended into solid formation, one at the upper toe and the other at the lower toes of the concrete dam. The dam proper is about 17 feet high from the foundation, although the completed structure is about 25 feet. Located on Tumalo Reservoir -Market Road. 16-11-33 TL 2700 SW-'/4; SW-'/4. 8. Bull Creek Dam Bridge (Tumalo Irrigation Ditch Bridge): Built in 1914, the bridge, which spans the dam, consists of five continuous filled spandrel, barrel -type concrete deck arch spans, each 25 feet long. The concrete piers are keyed into notches in the arch structure. The structure is the oldest bridge in Deschutes County. On Tumalo Reserve -market Road. 16-11-33 TL 2700/ SW-1/4; SW-1/4. Deschutes County Comprehensive Plan Appendix E - Goal 5 Supplemental Sections 9. Camp Abbot Site, Officers' Club: Officers' Club for former military camp, currently identified as Great Hall in Sunriver and used as a meeting hall. 20-11-513 TL 112. 10. Camp Polk Cemetery: One of the last remaining pioneer cemeteries, located off Camp Polk Road near Sisters. The site is composed of a tract of land, including gravestones and memorials, containing 2.112 acres in the Southwest Quarter of the Southeast Quarter of Section 27, Township 14 South, Range 10 E.W.M., TL 2100, described as follows: Beginning at a point North 20 degrees 06' 20" West 751 feet from the corner common to Sections 26, 27, 34 and 35 in Township 14 South Range 10 E.W.M. and running thence South 88 degrees 30' West 460 feet; thence North 1 degree 30' East 460 feet; thence South 1 degree 30' 200 feet to the point of beginning. 11. Camp Polk Military Post Site: One of the oldest military sites in Deschutes County. Located on Camp Polk Cemetery Road. Site includes entire tax lots, listed as follows 14- 10-00 TL 2805 & 14- 10-34 TL 100, 300. 12. Cloverdale School: School building in Cloverdale, located near 68515 George Cyrus Road. First building built in Cloverdale. 15-11-7 TL 600. 13. Eastern Star Grange: Grange hall for earliest grange organized in Deschutes County, located at 62850 Powell Butte Road. 17-13-19 TL 1900. 14. Enoch Cyrus Homestead Hay Station and Blacksmith Shop: The Enoch Cyrus Homestead was the original homestead of Oscar Maxwell, built in 1892 and purchased in 1900 by Enoch Cyrus. Important stage/store stop for early travelers. The homestead house, including a back porch and cistern, and the Blacksmith Shop are designated. 15-11-10 TL 700. 15. Fremont Meadow: A small natural meadow on Tumalo Creek in Section 34, Township 17 South, Range 11 East, lying within Shevlin Park. TL 5900. Campsite for 1843 Fremont expedition. 17-11-34 TL 5900. 16. Harper School: One -room schoolhouse, located west of South Century Drive, south of Sunriver, moved halfway between the Allen Ranch and the Vandevert Ranch from the former townsite of Harper. 20-11-17 TL 1200. 17. Improved Order of Redmond Cemetery: Historic cemetery used by residents of La Pine/Rosland area. Located on Forest Road 4270, east of Highway 97. A 40-acre parcel described as: The Southwest one -quarter of the Southeast one -quarter (SW-1/a, SE -'/a) Section 7, Township 22 south, Range 11, East of the Willamette Meridian, Deschutes County, Oregon. 18. Laidlaw Bank and Trust: One of the few remaining commercial buildings from the community of Laidlaw, located at 64697 Cook Avenue, Tumalo. 16-12-31 A TL 2900. 19. La Pine Commercial Club: Building was built in 1912 as a community center, serving as a regular meeting place for civic organizations and occasionally served as a church. One of the oldest and continuously used buildings in La Pine. Located at 51518 Morrison Street, La Pine. 22-10-15AA TL 4600. E-36 I Deschutes County Comprehensive Plan 20. Lynch and Roberts Store Advertisement: Ad advertising sign painted on a soft volcanic ash surface. Only area example of early advertising on natural material. Lynch and Roberts established mercantile in Redmond in 1913. Roberts Field near Redmond was named for j.R. Roberts. Site includes the bluff. 14-12-00 TL 1501. 21. Maston Cemetery: One of the oldest cemeteries in County. Oldest grave marker is 1901. About one-half mile from site of Maston Sawmill and Homestead. Site includes the gravestones and memorials and the entire tax lot, identified as 22-09-00 TL 1800. 22. George Millican Ranch and Mill Site: Ranch established in 1886. Well dug at or near that date. Remains of vast cattle ranching empire. 19-15-33 TLs 100, 300. 23, George Millican Townsite: Town established 1913. Site includes store and garage buildings, which retain none of the architectural integrity from era. 19-15-33 TL 500. 24. Petersen Rock Gardens: The Petersen Rock Gardens consist of stone replicas and structures erected by Rasmus Petersen. A residence house and museum are part of the site. The site has been a tourist attraction for over 60 years. Located at 7930 SW 77th, Redmond. Site includes entire tax lot. 16-12-11 TL 400. 25. Pickett's Island: After originally settling in Crook County, Marsh Awbrey moved to Bend and then homesteaded on this island in the Deschutes River south of Tumalo. The site was an early ford for pioneers. Located in Deschutes River near Tumalo State Park. 17- 12-6 NE-1/4 TL 100. Portion between Deschutes River and Old Bend Road is designated. 26. Rease (Paulina Prairie) Cemetery: Historic cemetery on Elizabeth Victoria Castle Rease and Denison Rease's homestead. Earliest known grave is of their son, George Guy Rease, born in 1879, who was also a homesteader on Paulina Prairie. George Guy Rease died of smallpox on the Caldwell Ranch on May 2, 1903. Other known burials are William Henry Caldwell, 1841-October 15, 1910, died on the Caldwell Ranch of injuries sustained on a cattle drive; Melvin Raper, 1892-1914, died in a tent of tuberculosis; Addie Laura Caldwell, 1909-November 16, 1918, died of the Spanish influenza epidemic; and Emma Nimtz Deedon, 1886-April 15, 1915, died of complications from a pregnancy. There are several unmarked graves. The cemetery is a county -owned one -acre parcel on the north edge of Paulina Prairie, two miles east of Highway 97. 210-11-29, SE-�/a; NW-1/4 TL 99. 27. Terrebonne Ladies Pioneer Club: The Club was organized in 1910. The building has been a community -meeting place since 1911. Located at 8334 11th Street, Terrebonne. 14-13- 16DC TL 700. 28. Tetherow House and Crossing: Site is an excellent example of an early Deschutes River crossing. Major route from Santiam Wagon Road to Prineville. Tetherow House was built in 1878. The Tetherows operated a toll bridge, store and livery stable for travelers. Oldest house in County. Site includes house and entire tax lot. 14-12-36A TL 4500. 29. Tumalo Creek - Diversion Dam The original headgate and diversion dam for the feed canal was constructed in 1914. The feed canal's purpose was to convey water from Tumalo Creek to the reservoir. The original headworks were replaced and the original 94.2 ft low overflow weir dam was partially removed in 2009/2010 to accommodate a new fish screen and fish ladder. The E-37 I Deschutes County Comprehensive Plan remaining original structure is a 90 foot (crest length) section of dam of reinforced concrete. Tax Map 17-11-23, Tax Lot 800 & 1600. 30. Tumalo Community Church: The building is the oldest church in the County, built in 1905. It stands in the former town of Laidlaw, laid out in 1904. Located at 64671 Bruce Avenue, Tumalo. 16-12- 31 A TL 3900. 31. Tumalo Project Dam: Concrete core, earth -filled dam 75 feet high. First project by State of Oregon to use State monies for reclamation project. On Tumalo Creek. 16-11-29. 32. William P. Vandevert Ranch Homestead House: The Vandevert Ranch House stands on the east bank of the Little Deschutes River at 17600 Vandevert Road near Sunriver. The homestead was established in 1892, and has been recently relocated and renovated. Vandevert family history in the area spans 100 years. 20-11-18D TL 13800. 33. Kathryn Grace Clark Vandevert Grave: Kathryn Grace Vandevert, daughter of William P. Vandevert, died of influenza during the epidemic of 1918. Her grave is located across a pasture due south of the Vandevert House, 50 feet east of the Little Deschutes River. Site includes gravestone and fenced gravesite measuring is approximately 15 feet by 25 feet. 20-11-00 TL 1900. 34. Young School: Built in 1928, it is an excellent example of a rural "one -room" school which served homesteaders of the 1920s. Located on Butler Market Road. 17-13-19 TL 400. 35. Agnes Mae Allen Sottong and HenryJ. Sottong House and Barn: House and barn are constructed with lumber milled on the property in a portable sawmill run by the Pine Forest Lumber Company in 1911. Henry was awarded homestead patent 7364 issued at The Dalles on Dec 1, 1904. Henry was president of the Mountain States Fox Farm. A flume on the Arnold Irrigation District is named the Sottong Flume. The structures are also associated with William Kuhn, a president of the Arnold Irrigation District; Edward and Margaret Uffelman, who were part of the group that privatized and developed the Hoo Doo Ski Resort; and Frank Rust Gilchrist, son of the founder of the town of Gilchrist and Gilchrist Mill and president of the Gilchrist Timber Company from the time of his father's death in 1956 to 1988. Frank R. Gilchrist served on the Oregon Board of Forestry under four governors and was appointed by the governors to serve as a member of the Oregon Parks and Recreation Advisory Committee. He served on the Oregon State University's Forest Products Research Lab and was a director and president of the National Forest Products Association. T18 R12 Section 22, 00 Tax lot 01600. Inventory note: Unless otherwise indicated the inventoried site includes only the designated structure. No impact areas have been designated for any inventoried site or structure. National Register Resources listed before February 23, 2017 36. Pilot Butte Canal: A gravity -flow irrigation canal constructed in 1904 that diverts 400 cubic feet of Deschutes River water per second. The canal conveys water through a 225- miles -long distribution system of successively narrower and shallower laterals and ditches on its way to those who hold water rights, serving about 20,711 acres by 1922. The canal was built in an area that had a population of 81 people when it was constructed. The historic district measures 7,435 feet long and encompasses 50 feet on either side of the canal centerline to create a 100-foot corridor. The district has a character -defining rocky, uneven bed, and highly irregular slopes, angles, cuts, and embankments. 37. Elk Lake Guard Station: A wagon road built in 1920 between Elk Lake and Bend sparked a wave of tourism around the scenic waterfront. To protect natural resources of the Deschutes National Forest and provide visitor information to guests, the Elk Lake Guard Station was constructed in 1929 to house a forest guard. 38. Deedon (Ed and Genvieve) Homestead: The homestead is located between the Deschutes River and the Little Deschutes River. All of the buildings were constructed between 1914 and 1915. 39. Gerking, Jonathan N.B. Homestead: Jonathan N.8. Gerking, "Father of the Tumalo Irrigation Project," played a crucial role in getting the project recognized and funded. 40. McKenzie Highway: The McKenzie Salt Springs and Deschutes Wagon Road, a predecessor to the modern McKenzie Highway, was constructed in the 1860s and 1870s. 41. Paulina Lake Guard Station: The station typifies the construction projects undertaken by the Civilian Conservation Corps and signifies the aid to the local community provided by the emergency work -relief program through employment of youth and experienced craftsmen, purchase of building materials and camp supplies, and personal expenditures of enrollees. 42. Paulina Lake I.O.O.F Organization Camp: The Paulina Lake 1.0 .0 F. Organization camp was constructed during the depression era and are the result of cooperative efforts by nonprofessional builders. Such camp buildings are important in Oregon's recreational history as an unusual expression of both its rustic style and its vernacular traditions. 43. Petersen Rock Gardens: The Petersen Rock Gardens consist of stone replicas and structures erected by Rasmus Petersen. The site has been a tourist attraction for over 60 years. 44. Rock O' the Range Bridge: Rock O' The Range is the only covered span east of the Cascades in Oregon. To gain access to his property, William Bowen instructed Maurice Olson - a local contractor - to build a bridge inspired by Lane County's Goodpasture Bridge. 45. Skyliners Lodge: The Skyliners are a Bend -based mountaineering club organized in 1927. In 1935, the group started building the Skyliners Lodge with help from the Deschutes National Forest, the Economic Recovery Act and the City of Bend. 46. Santiam Wagon Road: The Santiam Wagon Road went from Sweet Home to Cache Creek Toll Station. The road was conceived of in 1859 to create a route across the Cascades. By the 1890s, the road had become a major trade route. 47. Wilson, William T.E. Homestead: This homestead house was built in 1903 and has an "American Foursquare" architectural style. National Register Resources listed on / after February 23, 2017 48. Central Oregon Canal: A gravity -flow irrigation canal constructed in 1905 and enlarged in 1907 and 1913. The canal retains its impressive historic open, trapezoidal shape, dimensions and characteristics. It is characterized by the volcanic rock flows, native materials, rocky bed and sides, and its hurried hand-hewn workmanship. The historic district is 3.4 miles long, crossing rural land between the Ward Road Bridge on the western edge and the Gosney Road Bridge on the eastern edge. In the historic district, the canal ranges in width from 34' to 78', averaging around 50', and E-39 I Deschutes County Comprehensive Plan its depth varies from 1' to 9', averaging around 4' deep, depending on the amount of volcanic lava flows encountered, the terrain, and slope. The canal through the historic district carries nearly the full amount of water diverted from the Deschutes River, 530 cubic feet per second during the irrigation season, April through October. The historic district encompasses 50' on either side of the canal centerline to create a 100' corridor that includes the whole of the easement held by COID, and all the contributing resources. (Date listed: 03/18/2019) E-40 I Deschutes County Comprehensive Plan Section 1 / Background The purpose of this section is to identify the lands where Deschutes County demonstrated an exception to meeting the requirements of the Statewide Planning Goals. The intent of goal exceptions is to allow some flexibility in rural areas under strictly defined circumstances. Goal exceptions are defined and regulated by Statewide Planning Goal 2 and Oregon Administrative Rule 660-004 (excerpt below). 660-004-0000(2) An exception is a decision to exclude certain land from the requirements of one or more applicable statewide goals in accordance with the process specified in Goal 2, Part ll, Exceptions. The documentation for an exception must be set forth in a local government's comprehensive plan. Such documentation must support a conclusion that the standards for an exception have been met. Statewide Planning Goals with Deschutes County Exceptions • Goal 3 Agricultural Lands • Goal 4 Forest Lands • Goal 11 Public Facilities and Services • Goal 14 Urbanization Three types of exceptions are permitted by Oregon Administrative Rule 660-004 • Irrevocably committed • Physically developed • Reasons The summary below identifies approved goal exceptions and identifies the adopting ordinance for those interested in further information. The ordinances listed are incorporated by reference into this Plan. Comprehensive Plan entire County - PL 20 - 1979 During the preparation of the 1979 Comprehensive Plan it was apparent that many rural lands had already received substantial development and were committed to non -resource uses. Areas were examined and identified where Goal 3 and 4 exceptions were taken. At this time exceptions to Goals 11 and 14 were not required. The total area excepted was 41,556 acres. These lands were residentially developed, committed to development or needed for rural service centers. Additional Exceptions Bend Municipal Airport - Ordinances 80-203, 1980 and 80-222, 1980 The Bend Municipal Airport received an exception to Goal 3 to allow for the necessary and expected use of airport property. E-41 I Deschutes County Comprehensive Plan La Pine UUC Boundary - Ordinance 98-001, 1998 Exceptions to Goals 3, 11 and 14 were taken to allow lands to be included in the La Pine UUC boundary and planned and zoned for commercial use. Spring River Rural Service Center - Ordinances 90-009, 1990; 90-010, 1990; 96-022, 7996; 96-045,1996 A reasons exception was taken to Goal 14 to allow the establishment of the Spring River Rural Service Center on residentially designated lands. Burgess Road and Highway 97 - Ordinance 97-060, 1997 An exception was taken to Goal 4 to allow for road improvements. Rural Industrial lone - Ordinances 2010-030, 2010; 2009-007, 2009 Two separate ordinances for rural industrial uses. The 2009 exception included an irrevocably committed exception to Goal 3 and a reasons exception to Goal 14 with a Limited Use Combining Zone for storage, crushing, processing, sale and distribution of minerals. The 2010 exception took a reasons exception to Goal 14 with a Limited Use Combing Zone for storage, crushing, processing, sale and distribution of minerals. Prineville Railway - Ordinance 98-07 7 An exception was taken to Goal 3 to accommodate the relocation of the Redmond Railway Depot and the use of the site for an historic structure to be utilized in conjunction with the Crooked River Dinner Train operations. Resort Communities - Ordinance 2001-047, 2007 An exception was taken to Goal 4 for Black Butte Ranch and Inn of the 7th Mountain/Widgi Creek during the designation of those communities as Resort Communities under OAR 660- 22. Barclay Meadows Business Park - Ordinance 2003-11, 2003 A reasons exception was taken to Goal 3 to include certain property within the Sisters Urban Growth Boundary. Sisters School District # 6 - Ordinance 2003-71, 2003 A reasons exception was taken to Goal 3 to include certain property within the Sisters Urban Growth Boundary. Sisters Organization of Activities and Recreation and Sisters School District #6 - Ordinance 2003-017, 2003 A reasons exception was taken to Goal 4 to include certain property within the Sisters Urban Growth Boundary. Oregon Water Wonderland Unit 2 Sewer District - Ordinances 2010-015, 2010; 2003-015, 2003 A reasons exception was taken to Goals 4 and 11 to allow uses approved by the Board of County Commissioners in PA-02-5 and ZC-02-3 as amended by PA-09-4. City of Bend Urban Growth Boundary Amendment Quniper Ridge) - Ordinance 97-060, 7997 An exception was taken to Goal 3 to allow an amendment of the Bend Urban Growth Boundary to incorporate 513 acres for industrial uses. E-42 I Deschutes County Comprehensive Plan Joyce Coats Revocable TrustJohnson Road and Tumalo Reservoir Road Properties - Ordinance 2005- 075, 2005 An irrevocably committed exception was taken to Goal 3 to allow a change of comprehensive plan designation from Surface Mining to Rural Residential Exception Area and zoning from Surface Mining to Multiple Use Agriculture for Surface Mine Sites 306 and 307. Watson/Generation Development inc - Ordinance 2005-015 An exception was taken to Goal 3 to include a portion of agricultural property. Oregon Department of Transportation - Ordinance 2005-019, 2005 An exception was taken to Goal 3 to include a portion of agricultural property. Conklin/Eddy Property - Ordinance 2005-035, 2005 An exception was taken to Goal 3 to include a portion of agricultural property. City of Sisters Property - Ordinance 2005-037, 2005 An exception was taken to Goal 4 to include a portion of forest property. McKenzie Meadows Property - Ordinance 2005-039, 2005 An exception was taken to Goal 4 to include a portion of forest property. Bend Metro Park and Recreation District Properties - Ordinance 2006-025 A reasons exception was taken to Goal 3 to include a portion of agricultural property. Harris and Nancy Kimble Property and Portion of CLR, Inc Property A. K.A. the Klippel Pit Property - Ordinance 2008-001, 2008 An irrevocably committed exception was taken to Goal 3 to allow reclassification and zoning from Surface Mine to Rural Residential Exception Area and Rural Residential 10 acre for Surface Mine Site 294. Sunriver Service District, Sunriver Fire Department - Ordinance 2014-021, 2014 A reasons exception was taken to Goal 4 to include a portion of forest property. To ensure that the uses in the Sunriver Utility District Zone on the approximate 4.28 acre site of Tax Lot 102 on Deschutes County Assessor's Map 19-11-00 are limited in nature and scope to those justifying the exception to Goal 4 for the site, the Sunriver Forest (SUF) zoning on the subject site shall be subject to a Limited Use Combining Zone, which will limit the uses on the subject site to a fire training facility and access road for the Sunriver Service District and Sunriver Fire Department. Frances Ramsey Trust Property - Ordinance 2014-027, 2074 An "irrevocably committed" exception was taken to Goal 14 to allow for reclassification and rezoning from agricultural property to Rural Industrial for a 2.65 acre portion of a parcel zoned EFU/RI. E-43 I (Deschutes County Comprehensive Plan Section S.11 ® Goal S Adopted Ordinances As noted in Chapter 5 of this Plan, adopted and acknowledged Goal 5 inventories, ESEEs and programs are retained in this Plan. Generally the Goal 5 inventories and ESEEs were adopted into the previous Comprehensive Plan or Resource Element and the Goal 5 programs were adopted into the Zoning Code. The County does not have a complete listing of Goal 5 inventory and ESEE ordinances, but will continue to research those ordinances. The following list is a start in listing all Goal 5 ordinances that are retained in this Plan. 80-203 Misc. Goal 5 • 85-001 Geothermal Resources • 86-019 Deschutes River Corridor • 90-025 Mining • 90-028 Mining • 90-029 Mining • 92-018 Historic and Cultural • 92-033 Open Space, LM • 92-040 Fish and Wildlife • 92-041 Fish and Wildlife (wetlands and riparian) • 92-045 Wetlands RE • 92-051 Misc. including Goal 5 • 92-052 Misc. Goal 5 • 92-067 Mining • 93-003 Misc. Goal 5 • 94-003 Misc. Goal 5 • 94-006 Historic and Cultural • 94-007 Wetlands and Riparian areas • 94-050 Mining • 95-038 Misc. Goal 5 • 95-041 Mining • 96-076 Mining • 99-019 Mining • 99-028 Mining • 2001-027 Mining • 2001-038 Mining • 2001-047 Mining • 2001-018 Fish and Wildlife • 2003-019 Mining • 2005-025 Historic and Cultural • 2005-031 Mining • 2007-013 Mining • 2008-001 Mining • 2011-008 South Deschutes County LWI • 2011-014 Mining E-44 I Deschutes County Comprehensive Plan Section 5.12 ® Legislative History Background This section contains the legislative history of this Comprehensive Plan. Ordinance Date Adopted/ Effective Chapter/Section Amendment 2011-003 8-10-11/11-9-11 All, except Transportation, Comprehensive Plan update Tumalo and Terrebonne Community Plans, Deschutes Junction, Destination Resorts and ordinances adopted in 2011 2011-027 10-31-11/11-9-11 2.5, 2.6, 3.4, 3.10, 3.5, Housekeeping amendments to ensure a 4.6, 5.3, 5.8, 5.11, 23.40A, smooth transition to the updated Plan 23.40B, 23.40.065, 23.01.010 2012-005 8-20-12/11-19-12 23.60, 23.64 (repealed), Updated Transportation System Plan 3.7 (revised), Appendix C (added) 2012-012 8-20-12/8-20-12 4.1, 4.2 La Pine Urban Growth Boundary 2012-016 12-3-12/3-4-13 3.9 Housekeeping amendments to Destination Resort Chapter 2013-002 1-7-13/1-7-13 4.2 Central Oregon Regional Large -lot Employment Land Need Analysis 2013-009 2-6-13/5-8-13 1.3 Comprehensive Plan Map Amendment, changing designation of certain property from Agriculture to Rural Residential Exception Area 2013-012 5-8-13/8-6-13 23.01.010 Comprehensive Plan Map Amendment, including certain property within City of Bend Urban Growth Boundary 2013-007 5-29-13/8-27-13 3.10, 3.11 Newberry Country: A Plan for Southern Deschutes County 2013-016 10-21-13/10-21-13 23.01.010 Comprehensive Plan Map Amendment, including certain property within City of Sisters Urban Growth Boundary 2014-005 2-26-14/2-26-14 23.01.010 Comprehensive Plan Map Amendment, including certain property within City of Bend Urban Growth Boundary 2014-012 4-2-14/7-1-14 3.10, 3.11 Housekeeping amendments to Title 23. 2014-021 8-27-14/11-25-14 23.01.010, 5.10 Comprehensive Plan Map Amendment, changing designation of certain property from Sunriver Urban Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility E-45 I Deschutes County Comprehensive Plan Ordinance Date Adopted/ Effective Chapter/Section Amendment 2014-021 8-27-14/11-25-14 23.01.010, 5.10 Comprehensive Plan Map Amendment, changing designation of certain property from Sunriver Urban Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility 2014-027 12-15-14/3-31-15 23.01.010, 5.10 Comprehensive Plan Map Amendment, changing designation of certain property from Agriculture to Rural Industrial 2015-021 11-9-15/2-22-16 23.01.010 Comprehensive Plan Map Amendment, changing designation of certain property from Agriculture to Surface Mining. 2015-029 11-23-15/11-30-15 23.01.010 Comprehensive Plan Map Amendment, changing 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. 2015-010 12-2-15/12-2-15 2.6 Comprehensive Plan Text and Map Amendment recognizing Greater Sage - Grouse Habitat Inventories 2016-001 12-21-15/04-5-16 23.01.010; 5.10 Comprehensive Plan Map Amendment, changing designation of certain property from, Agriculture to Rural Industrial (exception area) 2016-007 2-10-16/5-10-16 23.01.010; 5.10 Comprehensive Plan Amendment to add an exception to Statewide Planning Goal 11 to allow sewers in unincorporated lands in Southern Deschutes County 2016-005 11-28-16/2-16-17 23.01.010, 2.2, 3.3 Comprehensive Plan Amendment recognizing non- resource lands process allowed under State law to change EFU zoning 2016-022 9-28-16/11-14-16 23.01.010, 1.3, 4.2 Comprehensive plan Amendment, including certain property within City of Bend Urban Growth Boundary 2016-029 12-14-16/12/28/16 23.01.010 Comprehensive Plan Map Amendment, changing designation of certain property from, Agriculture to Rural Industrial 2017-007 10-30-17/10-30-17 23.01.010 Comprehensive Plan Map Amendment, changing designation of certain property from Agriculture to Rural Residential Exception Area 2018-002 1-3-18; 1-25-18 23.01, 2.6 Comprehensive Plan Amendment permitting churches in the Wildlife Area Combining Zone 2018-006 7-23-18/7-23-18 23.01.010, 5.8, 5.9 Housekeeping Amendments correcting tax lot numbers in Non -Significant Mining Mineral and Aggregate Inventory; modifying Goal 5 Inventory of Cultural and Historic Resources E-46 I Deschutes County Comprehensive Plan Ordinance Date Adopted/ Effective Chapter/Section Amendment 2018-011 9-12-18/12-11-18 23.01.010 Comprehensive Plan Map Amendment, changing designation of certain property from Agriculture to Rural Residential Exception Area 2018-005 9-19-18/10-10-18 23.01.010, 2.5, Tumalo Comprehensive Plan Map Amendment, Community Plan, removing Flood Plain Comprehensive Newberry Country Plan Plan Designation; Comprehensive Plan Amendment adding Flood Plain Combining Zone purpose statement. 2018-008 9-26-18/10-26-18 23.01.010, 3.4 Comprehensive Plan Amendment allowing for the potential of new properties to be designated as Rural Commercial or Rural Industrial 2019-002 1-2-19/4-2-19 23.01.010, 5.8 Comprehensive Plan Map Amendment changing designation of certain property from Surface Mining to Rural Residential Exception Area; Modifying Goal 5 Mineral and Aggregate Inventory; Modifying Non - Significant Mining Mineral and Aggregate Inventory 2019-001 1-16-19/4-16-19 1.3, 3.3, 4.2, 5.10, 23.01 Comprehensive Plan and Text Amendment to add a new zone to Title 19: Westside Transect Zone. 2019-003 02-12-19/03-12-19 23.01.010, 4.2 Comprehensive Plan Map Amendment changing designation of certain property from Agriculture to Redmond Urban Growth Area for the Large Lot Industrial Program 2019-004 02-12-19/03-12-19 23.01.010, 4.2 Comprehensive Plan Map Amendment changing designation of certain property from Agriculture to Redmond Urban Growth Area for the expansion of the Deschutes County Fairgrounds and relocation of Oregon Military Department National Guard Armory. 2019-011 OS-01-19/05-16/19 23.01.010, 4.2 Comprehensive Plan Map Amendment to adjust the Bend Urban Growth Boundary to accommodate the refinement of the Skyline Ranch Road alignment and the refinement of the West Area Master Plan Area 1 boundary. The ordinance also amends the Comprehensive Plan designation of Urban Area Reserve for those lands leaving the UGB. 2019-006 03-13-19/06-11-19 23.01.010, Comprehensive Plan Map Amendment, changing designation of certain property from Agriculture to Rural Residential Exception Area E-47 I Deschutes County Comprehensive Plan Ordinance Date Adopted/ Effective Chapter/Section Amendment 2019-016 11-25-19/02-24-20 23.01.01, 2.5 Comprehensive Plan and Text amendments incorporating language from DLCD's 2014 Model Flood Ordinance and Establishing a purpose statement for the Flood Plain Zone. 2019-019 12-11-19/12-11-19 23.01.01, 2.5 Comprehensive Plan and Text amendments to provide procedures related to the division of certain split zoned properties containing Flood Plain zoning and involving a former or piped irrigation canal. 2020-001 1-8-20/4-20-20 23.01.01, 2.6, 3.5, 5.2 Comprehensive Plan and Text amendments relating to Religious Institutions to ensure compliance with RLUIPA. 2020-002 2-26-20/5-26-20 23.01.01, 4.2, 5.2 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 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. 2020-003 02-26-20/05-26-20 23.01.01, 5.10 Comprehensive Plan Amendment with exception to Statewide Planning Goal 11 (Public Facilities and Services) to allow sewer on rural lands to serve the City of Bend Outback Water Facility. 2020-008 06-24-20/09-22-20 23.01.010, Appendix C Comprehensive PlanTransportation System Plan Amendment to add roundabouts at US 20/Cook-O.B. Riley and US 20/01d Bend -Redmond Hwy intersections; amend Tables 5.311 and 5.3.T2 and amend TSP text. 2020-007 07-29-20/10-27-20 23.01.010, 2.6 Housekeeping Amendments correcting references to two Sage Grouse ordinances. 2020-006 08-12-20/11-10-20 23.01.01, 2.11, 5.9 Comprehensive Plan and Text amendments to update the County's Resource List and Historic Preservation Ordinance to comply with the State Historic Preservation Rule. 2020-009 08-19-20/11-17-20 23.01.010, Appendix C Comprehensive Plan Transportation System Plan Amendment to add reference to J turns on US 97 raised median between Bend and Redmond; delete language about disconnecting Vandevert Road from US 97. E-48 I Deschutes County Comprehensive Plan Append - Goal 5 SuppWnnental Sections Ordinance Date Adopted/ Effective Chapter/Section Amendment 2020-013 08-26-20/11/24/20 23,01.01, 5.8 Comprehensive Plan Text And Map Designation for Certain Properties from Surface Mine (SM) and Agriculture (AG) To Rural Residential Exception Area (RREA) and Remove Surface Mining Site 461 from the County's Goal 5 Inventory of Significant Mineral and Aggregate Resource Sites. 2021-002 01-27-21/04-27-21 23.01.01 Comprehensive Plan Map Designation for Certain Property from Agriculture (AG) To Rural Industrial (RI) E-49 I Deschutes County Comprehensive Plan STAFF FINDINGS FILE NUMBERM: 247-23-000644-PA APPLICANT: Deschutes County Planning Division REQUEST: Repeal and Replace 2030 Comprehensive Plan with Deschutes 2040 Comprehensive Plan. STAFF CONTACT: Nicole Mardell, AICP, Senior Planner Phone: 541-317-3157 Email:.nicole.mardell@deschutes.org RECORD: Record items can be viewed and downloaded from: www.deschutes.org/2040 by clicking on the "Hearing Page" link I. APPLICABLE CRITERIA Deschutes County Code (DCC) Title 22, Deschutes County Development Procedures Ordinance Chapter 22.012, Legislative Procedures Oregon Administrative Rule (OAR) OAR 660-015, Statewide Planning Goals and Guidelines II. BASIC FINDINGS PROPOSAL This is a legislative plan and text amendment to replace the 2030 Deschutes County Comprehensive Plan with the Deschutes 2040 Comprehensive Plan. The proposal does not seek to replace the Tumalo Community Plan, Terrebonne Community Plan, Newberry Country Plan, nor the Transportation System Plan. This proposal does not include any amendments to the County's Goal 5 Inventory. The proposal does not include any Comprehensive Plan or Zoning Map amendments. BACKGROUND The Board of County Commissioners initiated the process to update the County's Comprehensive Plan in November 2021. Staff worked extensively with the project consultant MIG, on creating the project scope and budget for this process. Over the last 18 months, staff has conducted widespread community engagement and analysis of existing conditions and projected trends. This in turn, has 11 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q, (541) 388-6575 (@)d@deschutes.org wwieschutes.org/cd informed updates to chapter narrative, goal, and policy language to provide an up-to-date approach to managing growth and development in rural Deschutes County. REVIEW CRITERIA Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative plan and text amendment. Nonetheless, since Deschutes County is initiating one, the County bears the responsibility forjustifying that the amendments are consistent with Statewide Planning Goals and the County's Comprehensive Plan. III. FINDINGS & CONCLUSIONS CHAPTER 22.12, LEGISLATIVE PROCEDURES Section 22.12.010. Hearing Required FINDING: This criterion will be met because a public hearing will be held before the Deschutes County Planning Commission on October 26, 2023, and before the Board of County Commissioners on April 10, 2024. 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 is met as notice was published in the Bend Bulletin newspaper on October 13th, 2023, for the Planning Commission public hearing and on March 271h, 2024 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: Given the proposed legislative amendments do not apply to any specific property, no individual notices were sent. 247-23-000644-PA (Deschutes County 2040) Page 2 of 14 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. Staff provided additional notice beyond the legal requirements. This was done through the project's constant contact mailing list, including over 550 contacts, through press releases, and coordination with community organizations. This criterion is met. Section 22 12.030 Initiation of Legislative Changes. 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. 9. 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 will hold the initial public hearing on October 26, 2023. The Board will hold a public hearing on April 10, 2024. These criteria are or will be 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 20xx-xxx, upon approval and adoption by the Board of County Commissioners. This criterion will be met. OAR 660-015, Statewide Planning Goals and Guidelines Goal 1: Citizen Involvement: FINDING: The development of the Deschutes County 2040 Comprehensive Plan document was a multi -year process with significant public outreach and community member involvement. The following is a short summary of engagement leading up to the initial public hearing: o Established a project email list with over 500 contacts. o Provided 7 project update emails. 247-23-000644-PA (Deschutes County 2040) Page 3 of 14 o Established a new, user-friendly website. o Received over 29,000 social media impressions. o Coordinated with media on 13 news stories. o Held 66 small group meetings with over 400 participants. o Held 8 open houses with 296 attendees. o Held an online open house with 361 survey responses. o Hosted a virtual and interactive forum with over 100 responses. o Held 11 planning commission meetings. o Provided incentives through a raffle, prizes, and food and beverages Community member input was essential to the development of the resulting Deschutes County 2040 document and staff utilized several novel and innovative techniques to reach rural residents. Chapter 1 of the plan, Community Engagement, outlines numerous policies that reduce barriers to and support community involvement throughout planning processes. Key Policy Changes Comprehensive Plan - 2030: Chapter 1, Section 1.2 Deschutes County 2040 Plan: Chapter 1 - Community Engagement Amendments: Citizen involvement (now Community Engagement) was completely rewritten. The section listed above and this Plan as a whole, complies with Goal 1, Citizen Involvement, as described: • The adoption process for these amendments included public hearings before the Planning Commission (Committee for Citizen Involvement) and before the Board of County Commissioners. • The updated goal and policies were created through an extensive two-year public/Planning Commission process that generated considerable public input which was incorporated throughout this Plan. • The new policies recognize the Planning Commission as the required Committee for Community Involvement. • This section complies with the following six components of Statewide Goal 1: • Policies 1.1.1-1.1.8 promote opportunities to involve community members at all stages of planning processes by providing adequate opportunities for input, promoting two-way communication, and continuously improving on outreach activities. • Policies 1.2.1-1.2.6 support the activities and funding of the Committee for Community Involvement. • Policies 1.1.2 and 1.1.4 ensure technical information is available in an understandable form Consistency with Goal 1 is thereby met. Goal 2: Land Use Planning: FINDING: The purpose of the chapter is to ensure the Comprehensive Plan was built with a factual base and will be followed when making future land use decisions. In updating this plan document, information was gained from numerous studies, technical documents, and subject matter experts. ORS 197.610 prescribes the process for local governments to initiate post -acknowledgement plan 247-23-000644-PA (Deschutes County 2040) Page 4 of 14 amendments. 45-day notice was provided to the Oregon Department of Land Conservation (DLCD) and Development on August 30, 2023 - no comments have been received from DLCD. The draft Plan contains detailed, factual background information in each chapter narrative to provide context for the goals and policies. The Deschutes County 2040 plan update does propose any changes to Comprehensive Plan designations or zoning designations, nor the County's Goal 5 inventories or community plans as part of this update. Key Policy Changes Comprehensive Plan - 2030: Chapter 1, Section 1.3 and Chapter 5, Section 5.10 Deschutes County 2040 Plan: Chapter 2 Land Use and Regional Coordination Amendments: Land use (previously Section 1.3) was completely rewritten. The sections listed above, and this Plan update as a whole, comply with Statewide Planning Goal 2 as described: • Policies 2.1.1 and 2.1.5 recognize that when making land use regulations, private property rights, economic impacts, sustainability and carrying capacity all need to be considered. • Policy 2.1.2 and 2.1.4 recognize the importance of implementing the plans recommendations through the annual department work plan process and updating the document to incorporate new information. • Policy 2.1.3 clarifies the official Comprehensive Plan map is retained as an electronic layer with the Deschutes County GIS system. • Goal 2.2 and its associated policies support regional coordination and partnership on regional issues and are further discussed under Goal 14 - Urbanization. • Policies 2.3.1-2.3.2 speaks to coordinate and management of County owned land use for park purposes. • Policies 2.4.1-2.4.2 recognize the importance of reducing onerous barriers to land use and planning applications. • There are no amendments to Comprehensive Plan map designations incorporated into this Plan update, although definitions of existing designations are provided. Consistency with Goal 2 is thereby met. Goal 3: Agricultural Lands: FINDING: Goal 3 seeks to preserve and maintain agricultural lands. Deschutes County inventoried agricultural lands as required by Goal 3 in 1979 and refined the agricultural land designations as a result of a farm study in 1992. This plan update does not propose to rezone or redesignate any agricultural lands. Staff finds that the goals and policies within the document are supportive of retaining productive and valuable lands for agricultural uses within Deschutes County and reducing barriers to a healthy agricultural economy. Key Policy Changes Comprehensive Plan - 2030: Chapter 2, Section 2.2 Deschutes County 2040 Plan: Chapter 3 - Farm and Forest Resources 247-23-000644-PA (Deschutes County 2040) Page 5 of 14 Amendments: Chapter 2, Section 2.2 Agricultural Lands and Section 2.3 Forest Lands were combined and rewritten, although existing designations and regulations were retained. The section listed above, and this Plan update as a whole, complies with Statewide Planning Goal 3 as described: • Policies 3.1.1-3.1.2 retain the existing Exclusive Farm Use Zoning and subzones. No map changes are proposed as part of this Plan update. • Policy 3.1.4 ensures the County s farm policies and codes remain compliant with State regulations. • Policies 3.2.1-3.2.9 support the business of agriculture and review of county regulations to reduce common issues that impact farming operations and activities. • Policies 3.1.3, 3.3.1, 3.3.2, and 3.3.6 support the accurate designation of agricultural lands in compliance with State rules, while responding to local concerns that there are Deschutes County farmlands that are incorrectly designated. • Policy 3.3.4 addresses the newly allowed state allowance for rural accessory dwelling units. • Policy 3.3.5 encourages coordination between farmers and fish/wildlife managers. Consistency with Goal 3 is thereby met. Goal 4: Forest Lands: FINDING: Goal 4 seeks to conserve forest lands. Deschutes County inventoried forest lands as required by Goal 4 in 1979 and refined the forest land designations to conform to OAR 660-006. Deschutes County is not proposing to rezone or redesignate any forest lands as part of this update process. Staff consolidated the goals that were previously in Section 2.3 Forest Lands into Chapter 3 - Farm and Forest Resources. Key Policy Changes Comprehensive Plan - 2030: Chapter 2, Section 2.3 Deschutes County2040 Plan: Chapter 3 - Farm and Forest Lands Amendments: Forest Lands (previously Section 2.3) was rewritten and combined into the same chapter as agricultural lands, although existing designations and regulations were retained. The section listed above, and this Plan update as a whole, comply with Statewide Planning Goal 4 as described: • Goal 3.4 and Policies 3.4.1-3.4.4 provide the characteristics and criteria for the County's Forest Zones. These policies remain unchanged from the previous 2010 plan. • Policy 3.4.5 ensures forest codes are compliant with State regulations. • Policies 3.4.6-3.4.7, 3.4.9, and 3.4.10 recognize the need for coordination with federal agencies and tribal government in forest management. • Policy 3.4.8 supports economic opportunities within forest zoned lands while meeting other community goals. • Policy 3.4.11 recognizes the need to review and revisit county code to reduce impacts from development on forest health and dependent species. Consistency with Goal 4 is thereby met. 247-23-000644-PA (Deschutes County 2040) Page 6 of 14 Goal 5: Open Spaces Scenic and Historic Areas and Natural Resources: FINDING: Statewide Planning Goal 5 addresses natural resources, historic and cultural resources, and mineral and aggregate resources. In this update, these topics were divided into three chapters to ensure adequate depth and policy response to each particular topic. Key Policy Changes Comprehensive Plan - 2030: Chapter 2, Sections 2.4-2.7 and 2.10-2.11 and Chapter 5, Sections 5.3- 5.9, 5.11 Deschutes County 2040 Plan: Chapter 4 - Mineral and Aggregate Resources, Chapter 5 - Natural Resources, Chapter 6 - Historic Resources Amendments: The narratives for each topic were rewritten. The Goal 5 inventories for these resources (as well as ESEEs and programs) were retained and remained unchanged in Appendix A. The sections listed above, and this Plan update as a whole, comply with Statewide Planning Goal 5 as described: Chapter 5 - Natural Resources • Water Goals and Policies • Policies 5.1.1 directs the county to participate in statewide regional and water planning efforts including implementation of the Upper Deschutes Basin Study, Habitat Conservation Plan, and Biological Opinion. • Policy 5.1.2 supports grants for improvements, upgrades, or expansions to water systems. • Policies 5.1.4 promotes increased consideration of water quality, water availability, and treaty rights of Confederated Tribes of Warm Springs in the land use review process. • Policies 5.2.1-5.2.3 support water conservation efforts through a mixture of incentives, educational opportunities and partnerships with local and regional organizations and agencies. • Policies 5.3.1-5.3.4 seek to maintain a healthy ecosystem in the Deschutes River Basin including partnerships with agencies, implementation of study recommendation, and education. • Policies 5.4.1-5.4.11 seek to maintain and enhance fish and riparian dependent wildlife habitat. These polices address coordination with agencies and organizations during land use review process, implementation of Habitat Conservation Plans and other scientific studies, and additional regulations and educational programs to limit impacts to riparian areas. • Policies 5.5.1-5.5.7 aspire to coordinate land use and water policies to address water allocation and management. These policies address coordination, support to revisit Oregon Water Resources Departments Groundwater Allocation and Mitigation Rules, improvement of stormwater and wastewater facilities, and consideration of hydrology during land use review process. • Open Spaces and Scenic Views • Policies 5.6.1-5.6.4 recognize the importance of working with stakeholders to establish and maintain connected open spaces and scenic view areas. • Policies 5.6.5-5.6.6 support protection for visually significant areas. 247-23-000644-PA (Deschutes County 2040) Page 7 of 14 • Wildlife Habitat • Policy 5.7.1 promotes stewardship of wildlife habitat. • Policy 5.7.2 is directed at updating wildlife habitat inventories and protections through future public processes, informed by public process, expert sources, and current or recently updated plans. • Policy 5.7.3 and 5.7.4 seek to incentive or require greater compatibility between development and habitat areas, including clustering of development. • Policy 5.7.5 directs the County to coordinate with Confederate Tribes of Warm Springs on co - management on wildlife resources. • Policies 5.8.-5.8.3 seek to balance the economic and recreation benefits of wildlife with the protection of these resources. • Policies 5.9.1-5.9.3 address federal and state protected species. Chapter 4 - Mineral and Aggregate Resources • Policies 4.1.1-4.1.3 seek to implement the Goal 5 program for mineral and aggregate sites. • Policy 4.1.4 supports reclamation of sites following exhaustion of mineral or aggregate resources. Chapter 6 - Historic and Cultural Resources • Policies 6.1.1- 6.1.3 define roles of the County in promoting a historic landmarks program, including coordination with the State Historic Preservation office and the Confederated Tribes of Warm Springs. Consistency with Goal 5 is thereby met. Goal 6: Air Water and Land Resources Quality: FINDING: Goal 6 instructs local governments to consider protection of air, water, and land resources from pollution and pollutants when developing Comprehensive Plans. This chapter supports maintaining and improving air, water and land quality, which goes beyond the requirements of Goal 6 to comply with State and Federal regulations. Staff notes that there are no comprehensive map or zoning changes associated with this amendment, nor are any amendments to the County's Goal 5 inventory proposed. Key Policy Changes Comprehensive Plan - 2030: Chapter 2, Section 2.5 and 2.9 Deschutes County 2040 Plan: Chapter 5 - Natural Resources Amendments: This section was entirely rewritten, the policies pertaining to Air, Water, and Land Resources Quality have been integrated into an "Environmental Quality" section of the larger natural resources chapter. The sections listed above, and this Plan update as a whole, comply with Statewide Planning Goal 6 as described: 247-23-000644-PA (Deschutes County 2040) Page 8 of 14 • Policies 5.10.1 and 5.11.2 promote use of environmentally friendly building practices in County operations and on public property. • Policy 5.10.2 supports implementation of a dark skies program to impacts of light pollution. • Policies 5.10.3-5.10.4, and Policy 5.11.2 promote public education regarding controlled burning, noxious weeds, and reuse and recycling. • Policies 5.11.3-5.11.4 support the process for siting new waste management facilities and implementing best practices in solid waste management. • Policy 5.11.5 seeks to develop and implement a Climate Action Plan to mitigate impacts of climate change in Deschutes County. • Policy 5.11.6 promotes green infrastructure to improve stormwater. Consistency with Goal 6 is thereby met. Goal 7: Areas Subject to Natural Disasters and Hazards: FINDING: Goal 7 requires comprehensive plans to address Oregon's natural hazards. Deschutes County has been proactive in addressing natural hazards, through periodic updates to the County's Natural Hazards Mitigation Plan (NHMP). That Plan provides extensive information on natural hazards in Deschutes County and detailed recommendations to protect people and property. Key Policy Changes Comprehensive Plan - 2030: Chapter 3, Section 3.5 Deschutes County 2040 Plan: Chapter 7 -Natural Hazards Amendments: Natural hazards (now Chapter 7) was completely rewritten. The section listed above, and this Plan update as a whole, comply with Statewide Planning Goal 7 as described: • Policies 7.1.1-7.1.3, and 7.2.4 promote coordination agency partners to regularly update the NHMP, update hazard risk maps, review land use applications, and clarify responsibilities pertaining to natural hazard events. • Policy 7.1.4 seeks to utilize development code provisions to manage development in hazard prone areas. • Policies 7.1.5 - 7.1.10 aspires to address wildfire risk and mitigate impacts to wildlife and people. • Policy 7.1.11 provides recommendations to review and revise County code to address common hazard risk issues. • Policies 7.2.1-7.2.2 mitigate risk to essential infrastructure following natural hazard events. • Policy 7.2.3 supports the siting of a regional emergency services training facility. • Policy 7.2.5-7.2.7 provides required and incentivized standards to mitigate risk for new development in hazard prone areas. • Policy 7.2.8 provides compliance with the FEMA flood insurance program. • Policies 7.3.1-7.3.5 promote development of programs to inform the public of increased risk of natural hazards. Consistency with Goal 7 is hereby met. 247-23-000644-PA (Deschutes County 2040) Page 9 of 14 Goal 8: Recreational Needs: FINDING: Goal 8 requires local governments to plan for the recreation needs of their residents and visitors. Unlike cities, the County is not required to adopt a parks master plan, but instead coordinate recreational activities among government and private agencies in the rural portions of the County. Key Policy Changes Comprehensive Plan - 2030: Chapter 3, Section 3.8 Deschutes County 2040 Plan: Chapter 8 - Recreation Amendments: This section was completely rewritten. The sections listed above, and this Plan update as a whole, comply with Statewide Planning Goal 8 as described below. • Goal 8.1 and policies 8.1.1-8.1.6 address the need for cooperation in recreation planning. • Policy 8.1.7 discusses working with Unincorporated Communities that express interest in parks. • Policy 8.1.8 refers to integrating trail designs from other agencies within the Transportation System Plan where appropriate. • Policy 8.1.9 explores an increased role of the County in parks and recreation to serve rural areas not already within a parks and recreation district. • Policy 8.1.10 supports the community effort to acquire and manage Skyline Forest as a community asset. • Policy 8.1.11 speaks to balancing new recreational opportunities with the integrity of the natural environment. Consistency with Goal 8 has been met. Goal 9: Economic Development: FINDING: Goal 9 seeks to provide adequate opportunities for economic development throughout the state. Goal 9 primarily applies to urban development within acknowledged growth boundaries. The County is not required to provide an economic feasibility study or designate land to fulfill employment needs. Rather, these policies are intended to provide guidance for regional economic development activities and rural economic activities allowed under state law. Key Policy Changes Comprehensive Plan - 2030: Chapter 3, Section 3.4 Deschutes County 2040 Plan: Chapter 9 - Economic Development Amendments: The economy chapter was completely rewritten. The section listed above, and this Plan update as a whole, comply with Statewide Planning Goal 9 as described: • Policy 9.1.1 speaks to promote rural economic initiatives, while balancing impacts to rural livability and natural resources. 247-23-000644-PA (Deschutes County 2040) Page 10 of 14 • Policy 9.1.2 supports Economic Development for Central Oregon as the regional coordinator for economic development. • Policy 9.1.3 supports growth and expansion of higher education in Central Oregon to support the regional workforce. • Policy 9.1.4 supports renewable energy generation as an economic tool, with consideration for community concerns or goals such as livability and impact on natural resources. • Policy 9.1.5 promotes master planning for airport facilities to reduce noise and safety concerns as the region grows. • Policy 9.1.6 speaks to allowing local oriented rural commercial uses as state law allows. • Policy 9.1.7-9.1.10 addresses planning for economic development lands, including large lot industrial lands, supporting childcare, and expansion of internet infrastructures. • Policies 9.2.1-9.3.15 are retained from the 2011/1979 Plan. These policies govern existing Rural Commercial and Rural Industrial designated properties. These properties were previously evaluated under OAR 660-023 and determined to have pre-existing commercial or industrial uses that do not fit into any of the unincorporated community categories. Consistency with Goal 9 is met. Goal 10: Housing: FINDING: Goal 10 directs cities to provide an adequate supply of housing for their residents. Unlike cities, Counties are not required to comply with the requirements of Goal 10 to provide a 20-year supply of housing for its community members, nor undertake any analysis pertaining to housing demand and supply. The County does not have any statutory obligations in providing findings to Goal 10. Instead, staff and community members identified important emerging issues that pertain to rural housing and drafted aspirational policies to address these issues. Key Policy Changes Comprehensive Plan - 2030: Chapter 3, Section 3.3 Deschutes Count 2040 Plan: Chapter 10 - Housing Amendments: Housing (now Chapter 10) was completely rewritten. The policies below and this section as a whole complies with statewide land use Goal 10 as described: • Goal 10.1 was refined from the previous Comprehensive Plan and speaks to balancing housing choice for rural residents with health, safety, environmental, and resource land impacts. • Policy 10.1.1 speaks to establishing a tracking system for cumulative impacts associated with rural housing development. • Policy 10.1.2 addresses health and safety issues associated with housing. • Policy 10.1.3 encourages subdivisions alternative development patterns for subdivisions (such as clustering) to mitigate community and environmental impacts. • Policies 10.1.4-10.2.2 speak to providing affordable housing options and alternatives in Deschutes County and exploring programs to support housing where allowed by state law in rural areas. • Policies 10.3.1-10.3.7 provide guidance for development in the Westside Transect Zone. • Policies 10.4.1-10.4.6 support coordination with cities on affordable housing. 247-23-000644-PA (Deschutes County 2040) Page 11 of 14 Consistency with Goal 10 is thereby met. Goal 11: Public Facilities and Services: FINDING: Goal 11 directs local governments to plan and develop a timely, orderly, and efficient arrangement of public facilities and services to serve as a framework for rural development. The County does not provide any water or sewer services. The primary services provided by Deschutes County, aside from Transportation which is addressed in the County's Transportation System Plan) pertains to waste management. The County may also serve as a conduit for other resources and may support other local governments in siting of regional facilities. Key Policy Changes Comprehensive Plan - 2030: Chapter 3, Section 3.6 Deschutes County 2040 Plan: Chapter 12 - Public Facilities Amendments: Public facilities and services (now Chapter 12) was completely rewritten. The section listed above, and this Plan update as a whole, comply with Statewide Planning Goal 11 as described: • Goal 12.1 and policies 12.1.1-12.1.13 supports orderly, efficient and cost-effective siting of rural public facilities and services including natural hazard preparedness, intergovernmental coordination, and reduction of impact to natural and community resources. • Goal 12.2 and policies 12.2.1-122.4 promote sustainable, innovative, and cost-effective waste management practices. • Goal 12.3 and Policy 12.3.1 encourages the County to be a conduit for resources. Consistency with Goal 11 is met. Goal 12: Transportation: FINDING: The Deschutes County 2040 plan does not directly address transportation, but rather refers directly to an appendix for the County's Transportation System Plan. The adoption of the 2020-2040 Transportation System Plan is still under review and is required to comply with this goal and applicable statute and implementing rule. Goal 13: Energy Conservation: FINDING: Goal 13 aspires to conserve energy, by maximizing land and uses to maximize conservation of all forms of energy. This section primarily provides guidance for conservation and alternative energy production in the rural county, as allowed by state law. Key Policy Changes Comprehensive Plan - 2030: Chapter 2, Section 2.8 Deschutes County 2040 Plan: Chapter 13 - Energy Amendments: Energy (now Chapter 13) was completely rewritten as a standalone chapter. 247-23-000644-PA (Deschutes County 2040) Page 12 of 14 The sections listed above, and this Plan update as a whole, comply with Statewide Planning Goal 13 as described: • Goal 14.1 promotes energy conservation and alternative energy production. • Policies 14.1.1-14.1.3 aspire to reduce energy usage in County operations and support working with energy suppliers to promote energy efficiency in all economic sectors. . Policies 14.1.4-14.1.10 seek to promote development of renewable energy projects at a commercial and personal scale, including development of vehicle charging stations, while balancing environmental and community resources. Consistency with Goal 13 is thereby met. Goal 14: Urbanization: 2040 Plan touch on the topic of urbanization -Land Use and FINDING: Two chapters within the Regional Coordination, and Unincorporated Communities and Destination Resorts. Staff notes the key policies pertaining to urbanization below. Staff notes that the unincorporated community R 660-022. Rural industrial and rural commercial policies pertain to those designated under OA policies are noted in review of Goal 9 above. More specific policies for the unincorporated communities of Tumalo and Terrebonne are included in the small area plans included as appendices to this document. The community plans are not updated or amended through the Deschutes County 2040 update process. Key Policy Changes Comprehensive Plan - 2030: Chapter 4, Sections 4.2-4.4 and 4.57-4.8 Deschutes County 2040: Chapter 2 - Land Use and Regional Coordination, Chapter 11 - Unincorporated Communities and Destination Resorts Amendments: Urbanization (now retitled and reorganized into the two chapters above) was completely rewritten. Urban Unincorporated Communities, Resort Communities and Rural Service Centers (previously Sections 4.4, 4.7, 4.8) have been moved to Chapter 11. The sections listed above, and this Plan update as a whole, comply with Statewide Planning Goal 14 as described below. Chapter 2 - Land Use and Regional Coordination • Goal 2.2 seeks to coordinate regional planning efforts between the local, regional, and state governments. • Policies 2.2.1-2.2.4, 2.2.10 and 2.2.11 encourage periodic review of intergovernmental and urban management agreements, coordination on land use actions, and support the use of land for public purposes as needed. • Policy 2.2.5 encourages cities to conduct urban reserve planning in partnership with the County. • Policies 2.2.6 and 2.2.7 encourage collaboration with federal agencies and tribal governments on key land management issues. • Policy 2.2.8 seeks to support regional infrastructure projects with community benefit, while mitigating negative impacts. • Policy 2.2.9 supports updates to unincorporated community area plans. 247-23-000644-PA Page 13 of 14 (Deschutes County 2040) Chapter 11- Unincorporated Communities and Destination Resorts • Policies 11.1.1-11.1.5 are general resort community policies and remain unchanged through this update. • Policies 11.2.1-11.3.6 govern the Black Butte Ranch resort community and remain unchanged. • Policies 11.4.1-11.5.7 pertain to Inn of 7th Mountain and Widgi Creek. These polices are unchanged. • Destination Resort Goal 11.6, 11.7 and Policies 11.6.1-11.7.1, 11.7.4-11.7.5 remain unchanged. The goals and policies were moved from the rural recreation element of the 2011 Comprehensive Plan to Chapter 11 - Unincorporated Communities and Destination Resorts and reorganized for consistency. • Policy 11.7.2 was created with Planning Commission and community feedback and seeks to add additional requirements to consider water quality, recreational resources, and community values during Destination Resort siting. • Policy 11.7.3 seeks to integrate affordable housing for workers within or near destination resorts. • Policies 11.8.1-11.20.4 provide guidance for the unincorporated community of Sunriver and are unchanged through this proposal. Consistency with Goal 14 is thereby met. Goals 15 through 19 FINDING: These goals are not applicable to the proposed plan and text amendments because the County does not contain these types of lands. IV. CONCLUSION The proposed Deschutes County 2040 Comprehensive Plan complies with all relevant Deschutes County and OAR requirements. 247-23-000644-PA (Deschutes County 2040) Page 14 of 14 Attachment D Policy Tracker To view the policy tracker, which serves as an extensive reference document comparing iterations of language throughout the update process, click on the link below. It can also be found on the project hearing page under "BOCC Hearing — Applicant Submittals". Note: due to the amount of information, this policy tracker is best viewed on an electronic device rather than as a printed copy. hftps://weblink.deschutes.org/CDD/DocView.aspx?dbid=0&repo=LFCDD&id=1244335 vi E S Co G1 < BOARD O MEETING DATE: April 1, 2024 SUBJECT: Preparation for a Public Hearing on a proposed Commercial Activity in Conjunction with Farm Use (Winery) in the Multiple Use Agricultural Zone RECOMMENDED MOTION: None; work session in preparation for a public hearing on April 101" BACKGROUND AND POLICY IMPLICATIONS: Staff will provide background and discuss issue areas with the Board of County Commissioners ('Board") to consider for the proposed Commercial Activities in Conjunction with Farm Use (file nos. 247-22-000464-CU, 466-SP, 018-A). BUDGET IMPACTS: None ATTENDANCE: Nathaniel Miller, Associate Planner Jacob Ripper, Principal Planner MEMORANDUM TO: Deschutes County Board of County Commissioners FROM: Nathaniel Miller, Associate Planner DATE: April 1, 2024 RE: Work Session: A Commercial Activity in Conjunction with Farm Use (Winery) in the Multiple Use Agricultural Zone. The Board of County Commissioners (Board) will conduct a Work Session on April 1, 2024, in preparation for a Public Hearing on April 10, 2024, to consider a request for a Commercial Activity in Conjunction with Farm Use to establish a winery. The applications and appeal are identified as file nos. 247-22-000464-CU, 466-SP, 24-018-A. The subject property is approximately 5.5 acres in size and is about 750 feet northwest of the City of Bend. Highway 97 is approximately 1,500 feet directly to the east. The property is addressed at 20520 Bowery Lane, Bend, and is further identified on County Assessor's Map 17-12-09B as Tax Lot 1000. A location map is included as Attachment A. BACKGROUND The Applicants, Duane and Dina Barker, have requested a Conditional Use Permit for a Commercial Activity in Conjunction with Farm Use to establish a Winery with associated uses in the Multiple Use Agricultural Zone (MUA10). The request also includes a Site Plan Review for the Winery and associated uses. The property owner proposes to convert a portion of an existing accessory building into a tasting room and office space. The proposal also includes the conversion of an existing barn for small-scale wine production and wine storage. The approval would include the production of up to 2,000 cases of wine annually as well as hosting wine related events on the property, wine tastings, wine dinners, and other wine marketing events directly related to the sale and promotion of wine produced from the vineyard. No new buildings or structures are included in the proposal. The applications were submitted on June 7, 2022. An Incomplete Letter was mailed on July 7, 2022. On December 4, 2022, the applicants requested that the applications be deemed complete and 150- day clock tolled. The applications were referred to a Public Hearing on August 4, 2023. On September 15, 2023, the applicants then waived the 150-day clock. 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 (541) 388-6575 @ cdd@deschutes .org @ www.deschutes.org/cd The initial public hearing before the Hearings Officer was scheduled on Wednesday, October 10th, 2023. On October 6, 2022, the Applicant requested a 2-week continuance of the Public Hearing pursuant to DCC 22.24.140(A)(1). The Hearings Officer opened the initial hearing, but no testimony was received, and the new hearing date was set for October 24, 2023. During the second hearing on October 24, 2023, Hearings Officer Brooks conducted a full hearing and testimony was received in support and in opposition to the proposal. An Open Record Period was set for 7 days of New Evidence and Testimony, 7 days for Rebuttal, and 7 days for the Applicant's Final Legal Arguments. The record was closed 21 days after the hearing on November 14, 2023. II. HEARING OFFICER DECISION The Deschutes County Hearings Officer rendered a final decision approving the Applicant's request for a Conditional Use Permit for the Winery on January 2, 2024. Staff notes the following salient elements of the Hearings Officer Decision: • The Hearings Officer addressed issues raised in the Staff Report specific to Title 22 and the Deschutes County Procedures Ordinance. These include: o The appropriate signatures on the application form o The open Code Enforcement Case on the property o The noticing requirements for the application • The proposal meets the requirements of DCC 18.32.030(C) and qualifies as a Commercial Activity in Conjunction with Farm Use. • The proposal likely conforms to the Site Plan Review standards of DCC 18.116 and DCC 18.124, however more detail is required. The Hearing Officer included 33 conditions of approval in the decision. The proposal meets the suitability requirements of DCC 18.128.015 III. APPEAL The Appellant (Toby Bayard) submitted a timely appeal to the Hearings Officer's Decision on January 9, 2024. The Appellant requests the Board initiate a review and conduct a hearing to evaluate the following issues: • Whether wineries can only be cited on property in the Exclusive Farm Use Zone pursuant to ORS 215.452, and not in any other zone. • Whether the Hearings Officer erred in finding that a winery can be approved on MUM 0- zoned property as a Commercial Activity in Conjunction with Farm Use. 247-22-000464-CU, 466-SP, 24-018-A Page 2 of 3 • Whether there is inconsistency from the Hearings Officer between the subject applications and the previous approval under Deschutes County File nos. 247-22-000024-CU, 22-025-SP, 22-757-A, 22-914-A (Commercial Activity in Conjunction with Farm Use for a Meadery in the EFU Zone). • Whether the Hearings Officer erred in the incorporation of testimony placed into the public record. IV. RECORD The record for file nos. 247-22-000464-CU, 466-SP, (Appeal file No. 247-24-000018-A) is as presented at the following Deschutes County Community Development Department website: https://www deschutes org/cd/page/247-22-000464-cu-247-22-000466-sp-lava-terrace-cellars- winery-vinyard V. NEXT STEPS Based on the feedback received from the Board at the Work Session, Staff will prepare for the upcoming Public Hearing. ATTAC H M E NT(S): Attachment A - 2024-04-01 BOCC Work Session - Subject Property Location Map 247-22-000464-CU, 466-SP, 24-018-A Page 3 of 3 File: 22-464-CU, 466-SP, 24-018-A 20520 Bowery Lane, Bend iz 0 X i m VINEYARDS PAVERS PARKING AREA FLOWER BED TYP. PARKING STOPPER. 6'x9"x6" TEMPORARY EVENT PARKING UNNAMED ACCESS ROAD PROPERTY LINE - 480' W ACCESS ROAD i Existing -S Pond m r s' z w o _ a 129' _ HOUSE 9' WINE TASTING ,ELEC.PANEL SLDG / �? /IINOERGOUND ELEC. n1 POWER P L 11 s 9 .DRIVEWAY NEWDRIVEWAY I S Aso \LINEOFSIGH 5� B (425'CLEAR SIGHTHUNNE\ TO RUNNEL RD TO EAST) DRIVEWAY TO BE DEMOLISHED (TO BE LANDSCAPED WITH TREES/SHRUBS FOR PRIVACY) SITE PLAN 1 O O SCALE,./4- = 1' T Z / 3' 163' GggAGE D' EW "OMGE ./ NO WME C\ 3 — POWER POLE VO� IlGeneral Notes 1. OUTDOOR LTC PATIO & SEATING WITH TENTS. TOTAL 200 SQUARE FOOT AREA CALCULATED IN PARKING 2. FLOWER BED AND LARGE TREE 3. PRIVATE PATIO SPACE 4. REQUIRED ADA ACCESSIBLE PARKING SPACE 5. REQUIRED TEN (10) VISITOR PARKING SPACES 6. REQUIRED THREE (3) EMPLOYEE PARKING SPACES 7. FLOWER BED BEHIND SIDEWALK 8. AREA SURROUNDING DRIVEWAY: MULCH AND DIRT. NO VISUAL OBSTACLES No. Revision/Issue Date n,m Nama and M4reee Project xome one 'ee.ea� BARKER 20520 BOWERY LN BEND, OR. 97701 ProIr21 feet om 6/19/2023 scale As Noted X\vTES CO o� ��-A BOAR® OF �- COMMISSIONERS MEETING DATE: April 1, 2024 SUBJECT: Work Session - Improvement Agreement for Phase C-2 and Remaining Improvements in Phase C-1 of the Caldera Springs Destination Resort RECOMMENDED MOTION: None —this is a work session in preparation of Board consideration of an improvement agreement for Phase C-2 and remaining improvements in Phase C-1 of the Caldera Springs Destination Resort. This item is scheduled for consideration of Board action on the April 3rd Consent Agenda. BACKGROUND AND POLICY IMPLICATIONS: Staff will provide background to the Board regarding an Improvement Agreement request related to the Caldera Springs Destination Resort. BUDGET IMPACTS: None ATTENDANCE: Haleigh King -Associate Planner To: Deschutes Board of County Commissioners ('Board") From: Haleigh King, Associate Planner Date: March 27, 2024 Re: Work Session - Improvement Agreement for Phase C-2 and Remaining Improvements in Phase C-1 of the Caldera Springs Destination Resort (Document No. 2024-0254, County File No. 247-23-000818-IA) The Board will conduct a work session on April 1, 2024, regarding an Improvement Agreement associated with the Caldera Springs Destination Resort. Staff anticipates the Improvement Agreements will return as a Consent Item on April 3, 2024 for Board signature of Document No 2024-254. Background and Summary Phase C of the Caldera Springs expansion includes two subdivisions. The first is a 16-lot subdivision for overnight lodging units ("OLU") approved under land use file number 247-22-000182-TP. The second is a 72-lot residential subdivision approved under land use file number 247-22-000183-TP. The developer has elected to plat Phase C in phases. Phase C-1 was platted and recorded on January 11, 2023. Phase C-1 included 37 single-family residential lots and 16 OLUs (8 lots). The developer is now moving forward with platting of Phase C-2, which includes 35 single-family residential lots and 14 OLUs (7 lots). The developer requests an Improvement Agreement related to the infrastructure costs associated with the roads and utilities for the Phase C-2- OLU subdivision. Furthermore, the developer plans to incorporate required improvements associated with the Phase C-1 OLU subdivision into this Improvement Agreement. This requires an amendment to recorded County Document No. 2022- 954 in which the County Administrator is authorized to execute. The remaining improvements required will be accounted for in the new Phase C-2 Improvement Agreement. See Figure 1 below. 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q% (541) 388-6575 C7a cdd@deschutes.org @www.deschutes.org/cd CALDERA SPRINGS OLU, PHASE C-2 BEING A REPLAT OF A PORTION OF DEVELOPMENT TRACT Al, CALDERA SPRINGS, PHASE A LOCATED IN THE SOUTHEAST ONE -QUARTER (SE114) OF THE SOUTHEAST ONE -QUARTER (SE114) OF SECTION 8 OF TOWNSHIP 20 SOUTH, RANGE 11 EAST WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON DECEMBER2023 247-22-000182-TP LEGI C Figure 1. Phase C-1 (blue outline) and Phase C-2 (red outline) (Source: Parametrix) Caldera Springs submitted the attached Improvement Agreement for road and utility infrastructure associated with Phase C-2 within the OLU subdivisions as well as the remaining improvements within Phase C-1 OLU subdivision. The cost estimate is included below and included in the attached agreement. The cost estimates were reviewed and approved by the Road Department. • 247-23-000818-IA: Phase C-2 (road and utility infrastructure for OLU subdivision) in addition to remaining improvements associated with Phase C-1 OLU subdivision - $1,328,430.29 Per Deschutes County Code 17.24.130(B), the security amount must be 120 percent of the cost estimate. For this reason, the bonds submitted by Caldera Springs for Phase C-2 and remaining improvements in Phase C-1 OLU infrastructure are in the amount of $1,594,116.35. Next Steps Staff anticipates the Improvement Agreements will return as a Consent Item on April 3, 2024 for Board signature of Document No. 2024-254. Following Board signature, the County Administrator is an authorized signatory on Document No. 2024-255, the amendment to recorded County Document No. 2022-954 (Phase C-1 Improvements). Attachments: A. Document No. 2024-254: Improvement Agreement for Caldera Springs Expansion - Phase C-2 (Road and Infrastructure) and Remaining Improvements in Phase C-1. 2 REVIEWED LEGAL COUNSEL After Recording Return to: Deschutes County Community Development Department 117 NW Lafayette Ave. Bend, OR 97703 IMPROVEMENT AGREEMENT This Improvement Agreement ("Agreement"), relating to the construction and installation of certain required improvements (the "Required Improvements," as defined below in Section 4) within the plats of Caldera Springs OLU, Phase C-1 and Caldera Springs OLU, Phase C-2 located in the Caldera Springs Destination Resort is by and between DESCHUTES COUNTY, OREGON, a political subdivision of the State of Oregon ("County") and Caldera Springs Real Estate, LLC ("Developer"). RECITALS: A. Developer filed an application for final subdivision plat approval for the tentative subdivision plan approved under File Nos. 247-22-000182-TP and 247-22-000183-TP (together, the "Land Use Approval") prior to the completion of the Required Improvements. B. Deschutes County Code (DCC) Section 17.24.120 provides that a developer may, in lieu of completing improvements specified in tentative plan approval prior to filing a final subdivision plat, enter into an agreement with the County and provide a good and sufficient form of security to provide for the completion of such improvements. C. The Required Improvements under this Agreement do not constitute a Public Improvement as the term is defined in ORS 279A.010(1)(cc). D. County and Developer desire to enter into this Agreement in order to establish the obligation and to secure completion of the Required Improvements following recording of the final plat for the Land Use Approval. E. Pursuant to County Document No. 2024-255, the County and the Developer amended County Document No. 2022-954 (the "C-1 IA") to remove the "Remaining Improvements" from the C-1 IA, and transfer those improvements to this Agreement. The Remaining Page l; Deschutes County Document No. 2024-254 101394760;2) Improvements are more particularly identified on Exhibit B-2. Pursuant to the C-1 IA, this Agreement is the "Replacement Agreement." NOW THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES above mentioned, for and in consideration of the mutual obligations hereinafter stated, as follows: 1. Recitals. The Recitals to this Agreement set forth above are hereby incorporated herein as if fully set out, shall constitute contractual provisions and are not mere recitals. 2. Real Property Description. The real property subject to this Agreement (the "Real Property") is identified as a portion of Map and Tax Lots 2011170002400, 2011080002500 and 201108DD02800 and more particularly described on the attached Exhibit A. This Agreement shall be recorded against and shall encumber the Real Property and every developable unit of land lawfully created from the Real Property (each, a "Lot") subject to Section 20 below. 3. Exhibits. The exhibits listed below and attached to the Agreement are hereby incorporated herein by reference: 3.1 Exhibit A -- Legal description of Real Property. 3.2 Exhibit B-1 -- List of Required Improvements. Exhibit B-2 — List of Remaining Improvements (also included in the Required Improvements). 3.3 Exhibit C — Copy of Land Use Approval. 3.4 Exhibit D - Bond Instrument. 4. Identification of Required Improvements. Developer shall install and complete, or cause to be installed and completed, the improvements listed in Exhibit B-1 and required by the Tentative Plan set forth in Exhibit C to the extent that same remain to be completed (the "Required Improvements"). For purposes of clarity, the Required Improvements include the Remaining Improvements. 5. Construction of Required Improvements. 5.1 Developer shall install and complete the Required Improvements in accordance with the plans and construction specifications related thereto and to any additional County and/or State of Oregon specifications or applicable regulations. Developer shall cause the Required Improvements to be completed in compliance with the applicable codes, regulations, and laws then in effect. 5.2 Developer shall promptly repair any damage to existing and new roads, water lines, stormwater facilities, and similar facilities within and without the Real Property, which are caused by the installation of the Required Improvements. Page 2; Deschutes County Document No. 2024-254 {01394760;2} 5.3 Developer shall schedule final inspections and shall have the Required Improvements in a condition determined by County to be sufficient not later than one year from the date the final plat is recorded (the "Completion Date"). For purposes of calculating the warranty of improvements under Section 6.1 below, the "Completion Date" shall be the date upon which the County has performed all final inspections of and approved the Required Improvements. 6. Warranty of Improvements. 6.1 For twelve (12) months following the Completion Date ("Warranty Period") Developer hereby warrants that (i) the Required Improvements, and any corrective work, shall remain free from defects in materials or workmanship, (ii) the Required Improvements shall continue to meet all plan and construction specifications (iii) that the Required Improvements shall continue to meet any County and/or State of Oregon specifications or applicable regulations as noted in Section 5.1. 6.2 If the warranty obligations set forth in Section 6.1 are not satisfied, County will provide notice to Developer of any required corrective work and a reasonable timeframe in which the corrective work must be initiated and completed. Notwithstanding the foregoing, County may initiate corrective work without notice to Developer in the event of an emergency. 6.3 To secure warranty obligations pursuant to DCC 17.24.120(A)(5) and this Section 6, upon completion of the Required Improvements and prior to the Developer scheduling a final inspection pursuant to Section 5.3, Developer shall deposit with the County a one-year warranty bond, or other security acceptable to County, equivalent to ten percent (10%) of the construction costs of such Required Improvements ("Warranty Security"). 6.4 If Developer fails to timely initiate or complete work as provided in Section 6.2, or in the event of an emergency, County may draw upon the Warranty Security during the Warranty Period to perform the corrective work in the same manner as Section 8.4. 7. License to Enter and Remain on Property. 7.1 During the term of this Agreement, Developer hereby grants County and County's employees, engineers, consultants, agents, contractors, subcontractors and suppliers license to come onto and remain on the Real Property as necessary to make inspections of the Required Improvements. 7.2 After the Default Grace Period specified in Section 8.2 or to correct an issue during the Warranty Period specified in Section 6.2, and after providing notice to Developer, County or its employees, engineers, consultants, agents, contractors, subcontractors and suppliers may enter onto and remain on the Real Property and may cause the Required Improvements to be completed. Page 3; Deschutes County Document No. 2024-254 {01394760;2) 8. Right to Draw on Security. 8.1 Upon failure of the Developer to complete the Required Improvements as required under Section 5.3 above by the Completion Date, County shall notify Developer in writing of such failure (the "Default Notice"). 8.2 Upon receipt of the Default Notice, Developer shall have thirty (30) days to complete the Required Improvements to the condition required under Section 5 (the "Default Grace Period"). 8.3 Should Developer fail to complete the Required Improvements within the Default Grace Period, County may, at its sole discretion, cause incomplete or unsatisfactory Required Improvements to be completed. 8.4 If County causes the Required Improvements to be completed, County may draw upon the Security for any and all costs and expenses incurred by County including, but not limited to, attorneys and engineering fees, and costs and expenses reasonably anticipated or projected by the County to be incurred by the County, in construction and/or completion of the Required Improvements. 8.5 If County affirmatively elects (with written documentation of same signed by the Chair of the Board of County Commissioners) not to cause the Required Improvements to be completed, County shall within 180 days cause the Security to be released to Developer. 8.6 For the purposes of this Agreement and access to any security offered and accepted to secure Developer's performance, Developer's failure to complete the Required Improvements shall include failure to install or have installed any portion of the Required Improvements to the standards required under Section 5 above. 9. No County Guarantee. County does not warrant or guarantee that any of the Required Improvements referred to in this Agreement will be constructed, maintained or operated. 10. License to Use Permits, Specifications and Plans. 10.1 If County determines that any portion of the Required Improvements have not been completed as required by Section 5 above or remain free of defects during the Warranty Period as required by Section 6, Developer shall, upon request of the County, license and assign to County all of Developer's, applicable permits, plans, specifications, shop drawings, instruments, permits and approvals, and other documents necessary or useful in the completion or repair of or related in any manner to the applicable Required Improvements. 10.2 Developer shall ensure that any contracts for supply of labor and materials used in connection with constructing Required Improvements are assignable to the County. Page 4; Deschutes County Document No. 2024-254 {01394760;2} 10.3 Upon such request, Developer shall deliver or shall cause to be delivered, physical possession of such permits, plans, specifications, shop drawings, instruments, permits, approvals, and other documents to the County. 10.4 County may sub -assign or license the rights referred to in this Section 10 for any purpose without further approval from Developer. 11. No Third -Party Beneficiaries. 11.1 County and Developer are the only parties to this Agreement and are the only parties entitled to enforce its terms. 11.2 Nothing in this Agreement gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons. 12. Restoration of Monuments. Developer shall restore any monument erected or used for the purpose of designating a survey marker or boundary of any town, tract, plat or parcel of land that is broken, damaged, removed or destroyed, during the course of work provided for or anticipated by this Agreement, whether intentional or otherwise, by the Developer or Developer's agents, employees, independent contractors, or persons or entities other than County. 13. Costs of Inspection. Developer shall pay to County the actual costs incurred by County in the inspection of the completed Required Improvements plus any fees, such as legal review fees, plan review fees and structural, electrical, plumbing and other specialty codes inspection fees normally associated with the review and inspection of any improvements on the Real Property. 14. Security for Required Improvements. 14.1 Attached as Exhibit D is a copy of a performance bond in the amount of One Million Five Hundred Ninety -Four Thousand One Hundred Sixteen Dollars and 35/100 ($1,594,116.35) (the "Security"). The Security covers 120% of cost to complete the Required Improvements (including the Remaining Improvements). 14.2 As used herein, the issuer of the Security is referred to as "Surety." 14.4 Cost Notice Update 14.4.1 County, in reasonable intervals, may require the Developer to provide an updated construction cost estimate for the then remaining Required Improvements (the "Cost Update Notice"). 14.4.2 Upon receipt of the Cost Update Notice, the Developer shall have thirty (30) days to provide the updated construction cost estimate (the "Developer's Response"). Page 5; Deschutes County Document No. 2024-254 (01394760;21 14.4.3 Upon receipt of the Developer's Response, or if no Response is received within the thirty (30) day period, if the County reasonably determines that the Developer's obligations under this Agreement together with the Security do not provide adequate financial assurance for completion of the Required Improvements, the County shall have the option to require Developer to increase the amount of the Security and to memorialize such increase in an amendment to this Agreement (the "Security Amendment"). 14.4.4 If the County requires Developer to increase the amount of the Security, Developer shall also file the application fees and materials to amend this Agreement to memorialize the Security Amendment within thirty (30) days of receipt of the County's notice to increase the Security. 14.4.5 If Developer fails or refuses to increase the amount of Security as directed by the County, such failure or refusal shall be considered failure of the Developer to complete the Required Improvements as required under Section 5 and the County may draw upon the Security pursuant to Section 8. 15. Developer's Obligation for Costs. 15.1 Developer expressly acknowledges, understands, and agrees that this Agreement shall not relieve Developer from the obligation to complete and fully pay for the Required Improvements, to warranty those Required Improvements, and other costs and fees set forth in this Agreement. 15. 2 Should Developer default in its obligation to complete the Required Improvements as required by Section 5 or warranty those Required Improvements as required by Section 6, Developer agrees to compensate County for all costs, fees, charges and incurred expenses related to Developer's default. 16. Release of Security or Obligation. 16.1 County shall release the Security less any Warranty Security within .thirty (30) calendar days of Developer requesting in writing that the Security be released following the final inspection and approval of the Required Improvements. County shall release the Warranty Security within thirty (30) calendar days of the Developer requesting in writing that the Warranty Security be released following the Warranty Period. 16.2 County may, at the County's discretion and consistent with applicable law, release Developer from any of Developer's obligations under the teens and conditions of this Agreement. Page 6; Deschutes County Document No. 2024-254 (01394760;2 ) 16.3 County's release of any of Developer's obligations shall not be construed as a waiver of County's right to require full compliance with the remainder of this Agreement and Developer's obligation to satisfy any costs, fees, charges and expenses incurred in completion or repair of the Required Improvements. 17. Shortfall in Security. 17.1 If the amount available to be drawn from the Security or Warranty Security is less than the costs and expenses anticipated to be incurred, or actually incurred, by County, including, but not limited to, attorneys and engineering fees, County may apply the proceeds of the Security or Warranty Security to the anticipated or actual costs and expenses of completion or repair of the Required Improvements. 17.2 Developer shall be responsible and liable for any shortfall between the actual costs and expenses of completion or repair of the Required Improvements, including, but not limited to, attorneys and engineering fees, and the amount of the Security or Warranty Security available to fund such costs and expenses. 18. Incidental Costs. Without limiting the generality of Section 17, if the proceeds of the Security or Warranty Security are not remitted to County within the timeframe set forth in the Security or Warranty Security after County provides written notice to Surety in the form prescribed by the Surety, or the Required Improvements are not installed within a reasonable time period determined and specifically identified by County after County provides notice to Developer and/or Surety, then County's costs of completing and/or repairing the Required Improvements, the costs of obtaining the proceeds of the Security, Warranty Security, or other security, all incidental costs to the extent not covered by the Security, Warranty Security, or other security, and liquidated damages calculated at the rate of $500 per day shall be added to the amount due to County from Developer, and shall be paid to County by Developer, in addition to and with all other amounts due hereunder. 19. Successors in Interest. 19.1 The original of this Agreement shall be recorded with the Deschutes County Clerk and shall be a condition and covenant that shall run with the Real Property including any lots created from the Real Property (each a "Lot"). 19.2 It is the intent of the parties that the provisions of this Agreement shall be binding upon the parties to this Agreement, and subject to the terms contained in Section 20, their respective successors, heirs, executors, administrators, and assigns, and any other party deriving any right, title or interest in or to the Real Property or any Lot, including any person who holds such interest as security for the payment of any obligation, including a mortgagee or other secured party in actual possession of said Real Property by foreclosure or otherwise or any person taking title from such security holder. 20. Lot Purchasers. Page 7; Deschutes County Document No. 2024-254 {01394760;2} 20.1 Notwithstanding the terms of Section 19, the terms of this Section 20 shall apply to each Lot lawfully created from the Real Property in accordance with the Land Use Approval. 20.2 Each Lot shall be conveyed free of any obligation to pay money or complete any obligation arising from or related to this Agreement. 20.3 The owner of a Lot, other than Developer, is under no obligation or burden to complete the terms and conditions of this Agreement. 20.4 The purpose for the recordation of this Agreement is to place owners and prospective purchasers on notice of the Agreement's terms, that the County has no obligation to construct the Required Improvements or any portion of the Required Improvements, and the Agreement does not in any way guarantee that any of the Required Improvements will be constructed. 20.5 The Agreement conveys no right or right of action by a Lot owner, other than Developer, against the County for any act or omission of the County including, but not limited to, County decisions or acts that required or authorized the Required Improvements, or any part of the Required Improvements, not being constructed. 21. Binding Authorization. By signing this Agreement, each signatory signing in a representative capacity, certifies that the signer is authorized to sign the Agreement on behalf of and bind the signer's principal. 22. Expiration. 22.1 This Agreement shall expire after the conclusion of the Warranty Period, or by the County's express written release of Developer from this Agreement. 22.2 Upon expiration, County shall provide Developer with a document in recordable form, formally evidencing such expiration and release within thirty (30) days of such a request from Developer. 23. Survival. County's rights under this Agreement, including County's right to draw upon the Security or Warranty Security in whole or in part, and Developer's obligation to pay the full costs and expenses of completing the Required Improvements and repairs or replacements required herein along with any licenses granted in this Agreement and any costs of enforcement of this Agreement, shall survive the expiration of this Agreement. 24. No Agency. 24.1 It is agreed by and between the parties that Developer is not carrying out a function on behalf of County, and County does not have the right of direction or control of Page 8; Deschutes County Document No. 2024-254 101394760;2) the manner in which Developer completes performance under this Agreement nor does County have a right to exercise any control over Developer's activities. 24.2 Developer is not an officer, employee or agent of County as those terms are used in ORS 30.265. 25. No Joint Venture or Partnership. County is not, by virtue of this Agreement, a partner or joint venturer with Developer in connection with the Site Plan, the Required Improvements, the Real Property, or any Lot and shall have no obligation with respect to Developer's debts, obligations or other liabilities of each and every nature. 26. Liens. 26.1 Developer shall pay as due all claims for work done on and for services rendered or materials furnished to the Real Property and shall keep the Real Property free from liens. 26.2 If Developer fails to pay any such claims or to discharge any lien, County may do so and collect the cost plus ten percent (10%) from the Developer or Surety; provided, however, County may not pay such claims or discharge any lien while Developer is timely disputing the validity of such claims or liens. 26.3 Such action by County shall not constitute a waiver of any right or remedy that County may have on account of Developer's failure to complete the Required Improvements or failure to observe the terms of this Agreement. 27. Indemnification. The County shall not be responsible for any injury to any and all persons or damage to property caused directly or indirectly by reason of any and all activities (including inaction) of Developer under this Agreement and on the Real Property; Developer further agrees to defend, indemnify and save harmless County, its officers, agents and employees from and against all claims, suits, actions, damages, costs, losses and expenses in any manner resulting from, arising out of, or connected with any such injury or damage. 28. Limitation of Liability. County's liability, if any, pursuant to this Agreement is subject to the Oregon Tort Claims Act, ORS 30.260 to 30.300. 29. Attorney Fees and Costs. In the event an action or suit or proceeding, including appeal therefrom, is brought by any party arising directly and/or indirectly out of the provisions of this Agreement or the interpretation thereof, for Developer's failure to complete the Required Improvements or to observe any of the terms of this Agreement or the interpretation thereof, County shall be entitled to recover, in addition to other sums or performances due under this Agreement, reasonable attorney's fees and costs as the court may adjudge in said action, suit, proceeding or appeal. 30. Waiver. Page 9; Deschutes County Document No. 2024-254 {01394760;2} 30.1 Waiver of the strict performance of any provision of this Agreement shall not constitute the waiver of any other provision or of the Agreement. 30.2 No waiver may be enforced against the County unless such waiver is in writing and signed by the County. 31. Compliance with provisions, requirements of Federal and State laws, statutes, rules, regulations, executive orders and policies. Debt Limitation. 31.1 This Agreement is expressly subject to the debt limitation of Oregon counties set forth in Article XI, Section 10, of the Oregon Constitution. 31.2 Any provisions herein that conflict with applicable law, including but not limited to DCC 17.24.120 and 17.24.130, are deemed inoperative to that extent. 31.3 Additionally, Developer shall comply with any requirements, conditions or limitations arising under any Federal or State law, statute, rule, regulation, executive order and policy applicable to the Required Improvements. 31.4 If this Agreement is in any manner construed to constitute the lending of the County's credit or constitute a debt of County in violation of Article XI, Section 10, of the Oregon Constitution, this Agreement shall be void. 32. No Inducement. No representations, statements, or warranties have induced the making and execution of this Agreement other than those herein expressed. 33. Governing Law. 33.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. 33.2 Any claim, action, suit or proceeding (each a "Claim") between County and Developer that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Deschutes County for the State of Oregon; provided, however, if a Claim shall 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 in Eugene, Oregon. 33.3 By signing below, Developer hereby consents to the in personam jurisdiction of the courts identified in Section 33.2. 33.4 The parties agree that the UN Convention on International Sales of Goods shall not apply. Page 10; Deschutes County Document No. 2024-254 (01394760;21 34. Severability. If any term or provision of this Agreement is declared by a court of competent jurisdiction to be void, invalid or unenforceable in one respect, the validity of the term or provision in any other respect and that of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced to the extent possible. 35. Counterparts. 35.1 This Agreement may be executed in several counterparts, all of which when taken together shall constitute one Agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. 35.2 Each copy of this Agreement so executed shall constitute on original. 35.3. If this Agreement is signed in counterpart, each counterpart shall be recorded as provided herein for the recording of this Agreement. 36. Notice. 36.1 Except as otherwise expressly provided in this Agreement, any communications between the parties hereto or notices to be given hereunder shall be given in writing to Developer or County at the address or fax number set forth below or to such other addresses or fax numbers as either party may hereafter indicate in writing. 36.2 Delivery may be by personal delivery, facsimile, or mailing the same, postage prepaid. 36.2.1 Communication or notice by personal delivery shall be deemed delivered when actually given to the designated person or representative. 36.2.2 Any communication or notice sent by facsimile shall be deemed delivered when the transmitting machine generates receipt of the transmission. 36.2.3 To be effective against County, such facsimile transmission shall be confirmed by telephone notice to County's Director of Administrative Services. 36.2.4 Any communication or notice mailed shall be deemed delivered five (5) days after mailing. Any notice under this Agreement shall be mailed by first class mail or delivered as follows: Page 11; Deschutes County Document No. 2024-254 (01394760;2) To Developer: Caldera Springs Real Estate LLC PO Box 3609 Sunriver, Oregon 97707 Attn: Thomas Samwel To County: Deschutes County Administration County Administration 1300 NW Wall Street, Ste 200 Bend, Oregon 97703 Fax No. 541-388-4752 37. Time is of the Essence. Time is of the essence of each and every provision of this Agreement. 38. Captions. 38.1 The captions contained in this Agreement were inserted for the convenience of reference only. 38.2 Captions do not, in any manner, define, limit, or describe the provisions of this Agreement or the intentions of the parties. 39. Amendment. 39.1 The Agreement may only be amended by written instrument signed by both parties and recorded, except that an amendment shall not be recorded against any Lot other than Lots then owned by Developer. 39.2 For purposes of Section 39.1, the signatures of the County shall be the signatures of the Board of Commissioners, Board Chair, or County Administrator. 39.3 Developer shall make application and pay the applicable fee to bring a proposed amendment before the County. 40. Merger Clause. This Agreement and the attached exhibits constitute the entire agreement between the parties and supersedes any and all prior or contemporaneous negotiations and/or agreements among the parties, whether written or oral. 41. Effective Date. Notwithstanding mutual execution of this Agreement, this Agreement shall not become effective until recorded. Signatures on Following Pages Page 12; Deschutes County Document No. 2024-254 {01394760;2} Dated this of , 20_ BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PATTI ADAIR, Chair ANTHONY DEBONE, Vice -Chair ATTEST: Recording Secretary PHIL CHANG, Commissioner STATE OF OREGON, County of Deschutes ) ss. Before me, a Notary Public, personally appeared PATTI ADAIR, ANTHONY DEBONE, PHIL CHANG, , the above -named Board of County Commissioners of Deschutes County, Oregon and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. DATED this day of , 20 Notary Public, State of Oregon Page 13; Deschutes County Document No. 2024-254 (01394760;2} DATED this _ day of , 20 DEVELOPER: Caldera Springs Real Estate, LLC By: Sunriver Resort Limited Partnership Its: Member By: Lowe Sunriver, Inc. Its: General Partner By: Tom O'Shea, Managing Director STATE OF OREGON, County of Deschutes ) ss. Before me, a Notary Public, personally appeared Tom O'Shea, and acknowledged the foregoing instrument as the Managing Director of Lowe Sunriver, Inc. as General Partner of Sunriver Resort Limited Partnership, as Member of Caldera Springs Real Estate, LLC on behalf of Caldera Springs Real Estate, LLC. DATED this _ day of , 20 Notary Public, State of Oregon Page 14; Deschutes County Document No. 2024-254 {01394760;2} EXHIBIT A LEGAL DESCRIPTION Lots 32 through 38 inclusive, Common Area Tracts TT and UU, and private street tracts Elk Run Drive, Trailwood Loop and Lava Springs Loop, CALDERA SPRINGS OLU, PHASE C-2, Recorded on , 2024, in the real property records of Deschutes County as Document No. 2024- Remaining Improvements Tract: Private street tract Elk Run Drive, CALDERA SPRINGS, PHASE C-1, Recorded on January 11, 2023 in the real property records of Deschutes County as Document No. 2023-00695. Page 15; Deschutes County Document No. 2024-254 {01394760;2} EXHIBIT B-1 Required Improvements Page 16; Deschutes County Document No. 2024-254 {01394760;2} EXHIBIT - 131 Page 1 B Sewer System Unit Price No. Description Total Unit Bid Total Price Bid 1 1,275 Foot $112.00 $142,800.00 Furnish and install 8" gravity sewer mains, including trench excavation, bedding and backfill. 5' to 10' depth 2 720 Foot $196.00 $141,120.00 Furnish and install 8" gravity sewer mains, including trench excavation, bedding and backfill. 10' to 15' depth 3 j Furnish and install standard sewer manhole, 5-10' depth 6 Each $5,500.00 $33,000.00 4 Furnish and install standard sewer manhole, 10-15' depth 5 Each $7,700.00 $38,500.00 5 Furnish materials and install 4" gravity sewer service 590 Foot $86.00 $50,740.00 including tee trench excavation, bedding, and backfill. (0 to 10 foot depth) Include cleanout and Brooks 1RT vault. 6 Furnish materials and equipment, and test sewer. 1,695 1 Foot $2.00 $3,390.00 B Subtotal $409,SS0.00 C Dry Utilities Total Unit Unit Price Total Price Bid No. Description Bid 1 Franchise cable utility trench excavation, bedding, and backfill. 2,580 Foot $54.00 $139,320.00 2 Furnish materials and install 2" electrical conduit. 3,000 Foot $6.50 $19,500.00 3 Furnish materials and install 3" electrical conduit. 4,400 Foot $11.00 $48,400.00 4 Furnish materials and install 4" electrical conduit. 0 Foot $13.30 $0.00 5 Furnish materials and install 644 electrical vaults. 41 Each I $3,750.00 $15,000.00 6 Furnish materials and install 575 electrical vaults. 1 Each $4,200.00 $4,200.00 7 Furnish materials and install 612 electrical vaults. 01 Each 1 $0.00 C Subtotal $226,420.00 D General Excavation, Embankment, Storm, and Roadway Construction Unit Price No. Description Total Unit Total Price Bid Bid 1 Clearing & Stripping (Includes roadway and path. All slash & stumps to be piled in future phase with other existing slash and burned by Owner's Contractor) 1 Lump Sum $28,000.00 $28,000.00 2 Compaction Testing (All Scopes of Earthwork & Pipe) 1 Lump Sum $8,500.00 $8,500.00 3 Furnish and apply construction water. 1 Lump Sum $24,000.00 $24,000.00 4 Unclassified excavation for roadways, including subgrade preparation. 3,050 ICubic Yards $32.00 $97,600.00 5 Furnish materials and construct aggregate base course, 6" thickness for Fire Truck Turnaround 1,275 Square Yards $9.50 $12,112.50 6 Furnish materials and construct aggregate base course, 6" thickness for streets 4,680 Square Yards $9.50 $44,460.00 7 Furnish material and construct 3" asphaltic concrete pavement for streets. 3,900 Square Yards $18.90 $73,710.00 8 Furnish and install catch basin. 1 Each $2,800.00 $2,800.00 9 Furnish and install 18" CMP culvert pipe. 60 Foot $120.00 $7,200.00 10 Drainage Swale 250 Foot $16.001 $4,000.00 D Subtotal $302,382.50 E Multi -Use Path Construction Unit Price No. Description Total Unit Bid Total Price Bid 1 Unclassified excavation for bike paths, including subgrade preparation. 0 Cubic Yards $28.00 $0.00 2 Furnish materials and construct aggregate base course, 6" thickness for paths. 0 Square Yards $10.50 $0.00 3 Furnish materials and construct 2" asphaltic concrete pavement for paths. 0 Square Yards $14.35 $0.00 4 Stamped Asphalt Crosswalks 0 Each $2,540.00 $0.00 5 Furnish materials and construct 3" asphaltic concrete pavement for paths. 0 Square Yards $0.00 6 Furnish materials and construct soft paths. 0 Square Yards $0.00 E Subtotal $0.00 Total Items A-E $1,264,466.50 F Mobilization/General Conditions/Management Unit Price No. Description Total Unit Total Price Bid Bid 1 Mobilization/General Conditions/Management (4.07%) 1 Lump Sum 1 $51,463.79 $51,463.79 2 Construction Staking 1 Lump Sum 1 $12,500.00 $12,500.00 F Subtotal $63,963.79 Total Phase C1 OLU Remaining Improvements & Phase C2 Required Improvments $1,328,430.29 Less C1 OLU Remaining Improvements ($395,465.79) Total Phase C2 OLU Required Improvements $932,964.50 EXHIBIT B-2 Remaining Improvements Page 17; Deschutes County Document No. 2024-254 (0139476012) Exhibit B-2 B Sewer System Unit Price No. Description Total Unit Bid Total Price Bid 1 700 Foot $108,00 $75,600.00 Furnish and install 8" gravity sewer mains, including trench excavation, bedding and backfill. 5' to 10' depth 2 Furnish and install standard sewer manhole, 5-10' depth 2 Each $5,350.00 $10,700.00 3 Furnish materials and install 4" gravity sewer service 265 Foot $86.00 $22,790.00 including tee trench excavation, bedding, and backfill. (0 to 10 foot depth) Include cleanout and Brooks 1RT vault. 4 Furnish materials and equipment, and test sewer. 965 Foot 1 $2.00 $1,930.00 B Subtotal $35,420.00 C Dry Utilities Total Unit Unit Price Total Price Bid No. Description Bid 1 Franchise cable utility trench excavation, bedding, and backfill. 860 Foot $52.00 $44,720.00 2 Furnish materials and install 2" electrical conduit. 970 Foot $7.50 $7,275.00 3 Furnish materials and install 3" electrical conduit. 640 Foot $12.30 $7,872.00 4 Furnish materials and install 4" electrical conduit. 340 Foot $15.15 $5,151.00 5 Furnish materials and install 644 electrical vaults. 2 Each $3,750.00 $7,500.00 6 Furnish materials and install 575 electrical vaults. 01 Each $4,200.00 $0.00 7 Furnish materials and install 612 electrical vaults. 01 Each $0.00 C Subtotal $72,518.00 Exhibit A - Page 2 D i General Excavation, Embankment, Storm, and Roadway Construction Total Unit Unit Price Total Price Bid No. Description Bid 1 Clearing & Stripping (Includes roadway and path. All slash & stumps to be piled in future phase with other existing slash and burned by Owner's Contractor) 1 Lump Sum $7,500.00 $7,500.00 2 Compaction Testing (All Scopes of Earthwork & Pipe) 1 Lump Sum $3,400.00 $3,400.00 4 Furnish and apply construction water. 1 Lump Sum $10,500.00 $10,500.00 7 Unclassified excavation for roadways, including subgrade preparation. 900 Cubic Yards $32.00 $28,800.00 8 Furnish materials and construct aggregate base course, 6" thickness for streets 1,875 Square Yards $9.50 $17,812.50 9 Furnish material and construct 3" asphaltic concrete pavement for streets. 1,555 Square Yards $18.90 $29,389.50 12 lFurnish and install catch basin. 0 Each $2,800.00 $0.00 13 1 Furnish and install 18" CMP culvert pipe. 01 Foot $120.00 $0.00 D Subtotal $97,402.00 E Multi -Use Path Construction Unit Price No. Description Total Unit Total Price Bid Bid 1 Unc assi ied excavation for bike paths, including subgrade preparation. 0 Cubic Yards $28.00 $0.00 2 Furnish materials and construct aggregate base course, 6" thickness for paths. 0 Square Yards $10.50 $0.00 3 Furnish materials and construct 2" asphaltic concrete pavement for paths. 0 Square Yards $14.35 $0.00 4 Stamped Asphalt Crosswalks 0 Each $2,540.00 $0.00 5 Furnish materials and construct 3" asphaltic concrete pavement for paths. 0 Square Yards $0.00 6 Furnish materials and construct soft paths. 0 Square Yards $0.00 E Subtotal $0.00 Total Items A-E $303,705.00 F Mobilization/General Conditions/Management Total Unit Unit Price Total Price Bid No. Description Bid 1 Mobilization/General Conditions/Management (4.07%) I 1 Lump Sum 1 $12,360.791 $12,360.79 2 lConstruction Staking I 1 Lump Sum 1 $3,800.001 $3,800.00 F Subtotal $16,160.79 Total Remaining Improvements $319,865.79 EXHIBIT C Land Use Decision Page 18; Deschutes County Document No. 2024-254 101394760;2) FINDINGS & DECISION FILE NUMBER: 247-22-000182-TP SUBJECT PROPERTY/ OWNER/APPLICANT: Mailing Name: CALDERA SPRINGS REAL ESTATE LLC Map and Taxlot: 2011080002500 Account: 285002 Situs Address: **NO SITUS ADDRESS** Mailing Name: CALDERA SPRINGS REAL ESTATE LLC Map and Taxlot: 2011090000100 Account: 285008 Situs Address: **NO SITUS ADDRESS** AGENT/ENGINEER: Parametrix Attn: J i m Frost APPLICANT'S REPRESENTATIVE: Radler White Parks & Alexander, LLP Attn: Steve Hultberg REQUEST: The applicant seeks tentative plan approval of Caldera Springs OLU (overnight lodging unit) Phase C, a 16-lot subdivision. Each OLU lot will have two-OLUs constructed on the lot, allowing for a total of 32 OLUs with this plat. The applicant filed a Final Master Plan ("FMP") application with the County in April, 2021, (File No. 247-21-000388-M), and a Modification of Application on May 27, 2021, (File No. 247-21-000528-MA). The FMP was approved on August 10, 2021. Pursuant to File No. 247-21-000654-TP, 247-21-000655-TP, 247-22-000042-TP, 247-22-000043-TP, the first and second phases of the tentative plan authorized under the FMP have been approved. STAFF CONTACT: Haleigh King, Associate Planner Phone: 541-383-6710 Email: HaleiL7h.King@deschutes.org 1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 V, (541) 388-6575 @ cdd9deschutes.org ® www.deschutes.org/cd RECORD: Record items can be viewed and downloaded from: www.buildingpermits.oregon.gov APPLICABLE CRITERIA Title 17 of the Deschutes County Code, the County Subdivision/Partition Ordinance Chapter 17.16, Approval of Subdivision Tentative Plans and Master Development Plans Chapter 17.36, Design Standards Chapter 17.44, Park Development Chapter 17.48, Design and Construction Specifications Title 18 of the Deschutes County Code, the County Zoning Ordinance: Chapter 18.40, Forest Use Zone (F2) Chapter 18.80, Airport Safety Combining Zone (AS) Chapter 18.84, Landscape Management Combining Zone (LM) Chapter 18.88, Wildlife Area Combining Zone (WA) Chapter 18.113, Destination Resorts Zone (DR) Chapter 18.116, Supplementary Provisions Title 22, Deschutes County Development Procedures Ordinance Oregon Revised Statutes (ORS) Chapter 92 — Subdivisions and Partitions II. BASIC FINDINGS LOT OF RECORD: The annexation property is a lot of record pursuant to the Board of County Commissioners ("Board") decision in PA-10-7, ZC-10-5. This finding was confirmed by the Hearings Officer ("HOff') in 247-15-000464-CU. SITE DESCRIPTION: The subject property is a portion of what is referred to as the annexation property in the FMP approval, and is east of the existing Caldera Springs Destination Resort ("Resort"). The subject property is irregularly shaped, 6.75 acres in size, and undeveloped with a generally level topography. Vegetation on -site consists of a dense cover of lodgepole and ponderosa pine trees. Understory vegetation is bitterbrush, bunchgrasses, and typical high desert vegetation. The Phase C OLU Plat includes the continuation of the private roadway, Elk Run Drive to the north, and includes the construction of Lava Springs Loop and Trailwood Loop. SURROUNDING LAND USES AND ZONING: The subject property is bounded to the north and east by a portion of the remaining annexation property. To the south and west is the 70-lot subdivision referenced above. LAND USE HISTORY: The County land use approvals associated with the Resort and annexation property are summarized below. 247-22-000182-TP Page 2 of 55 Land Use Approval Description CU-05-07 Conceptual Master Plan ("CMP") for the Resort M-05-01 FMP for the Resort Tentative Plan for up to 320 single-family residential homesites, various TP-05-961 future development tracts, rights -of -way, and easements for infrncl-ri irfi iro Site Plan for the Resort's first phase including 150 separate rentable units for visitor lodging; eating establishments for at least 100 persons; SP-05-53 meeting rooms for at least 100 persons, nine -hole short golf course; three practice golf holes; practice putting green; lake; and clubhouse which will incorporate the eating establishments and meeting rooms Site Plan for the Resort amenities including fitness/pool center, pool, SP-06-14 basketball court, play area, tennis courts, lake expansion, relocated parking area, lawn sports area, and pavilion FPA-06-12 Final Plat approval for TP-05-961 SP-06-52, V-06-16, Site Plan for overnight lodging units (OLUs) within Tracts 2 and 3; Minor MA-06-23 Variance to reduce the parking area setback from 250 feet to 225 feet SP-06-SS Site Plan for a pump station associated with the Resort water feature Site Plan for OLUs in Tract 1, roadway and driveway areas, and pedestrian bike paths within Tracts 1, 2 and 3 of the core Resort area; OLUs provided SP-06-61 as lock -off units; A total of 160 OLUs will be provided within Tracts 1, 2 and 3; This Site Plan approval is intended to amend and supplement SP- 05-53 Modification of the Dimensional Standards approved under the CMP and MC-07-2 FMP, to include dimensional standards for the Overnight Lodging Cottage Lots 247-22-000182-TP Page 3 of 55 Tentative Plan to divide Tracts 1, 2 and 3 into 45 lots, and to allow a Zero TP-07-988 Lot Subdivision; Tract 1 includes 22 lots, Tract 2 includes 12 lots, and Tract 3 includes 11 lots; This division will allow the construction of the overnight lodging cottages approved under SP-06-52 and SP-06-61 TU-07-3 Temporary use permit to construct a model cottage in Tract 1 SP-07-25 Cite nlan annrn%ral fnr the OLUs I s annrn�iarl i inrlar CP-nA-52 anri Cp-nA-Al r 1 �rr �r-r- to address the lot configurations approved under TP-07-988 Minor Partition to divide Tract FA into three parcels; Parcel 1 includes a portion of the golf course; Parcel 2 includes the pavilion, fitness center, MP-08-88 lakes and a portion of the parking lot and open spaces; Parcel 3 includes the lakehouse facility and a portion of the parking lot in the core area of the Resort Minor Partition to divide Tract A in the Phase 1 subdivision into two MP-08-89 parcels; Parcel 1 includes a portion of the golf course; Parcel 2 includes the open spaces Declaratory Ruling to determine if the site plan approval under SP-07-25, DR-13-23 authorizing OLUs, roads and bike paths, has been initiated Modification of the CMP and FMP to change the required availability of MC-1 3-4 OLUs from 45 weeks to 38 weeks Modification of SP-07-25 to change the required availability of OLUs from MC-1 3-5 45 weeks to 38 weeks CMP for the annexation property ("Annexation CMP Decision"); remanded 247-15-000464-CU by the Land Use Board of Appeals ("LUBA") CMP for the annexation property on remand ("Remand Decision"), which 247-18-000009-A included modifications to the CMP approved under 247-15-000464-CU in the following areas: ® Location and extent of the Wildlife Mitigation Tract 247-22-000182-TP Page 4 of 55 • Types and number of OLUs • Vandevert Road access; and • 100-foot setback from common areas 247-21-000049-,050- Property line adjustments between the Resort and annexation property ,051-, 052-LL FMP approval for the annexation property, which included modifications to the FMP proposal in the following areas: • Install a landscaped berm located just north of Trailmere Circle, 247-21-000388-M, along the western boundary of the subject property 528-MA Relocate the north/south road along the western boundary, approximately 50 feet to the east Relocate the OLUs along the north/south road, approximately 50 feet to the east to match the relocated roadway. 247-21-000654-TP Tentative Plan for a 70-lot residential subdivision in the annexation property 247-21-000655-TP Tentative Plan for a 16-lot OLU subdivision in the annexation property 247-21-001014-FPA, Final Plat for a 70-lot residential subdivision (21-654-TP) and 16-lot OLU 1015-FPA subdivision (21-1015-FPA) 247-22-000042-TP Tentative Plan for a 30-lot residential subdivision in the annexation property (Phase B) 247-22-000043-TP Tentative Plan for a 7-lot OLU subdivision in the annexation property (Phase B) 247-22-000183-TP Concurrent application for a 72-lot residential subdivision in the annexation property (Phase C) REVIEW PERIOD: The TP application was submitted on March 3, 2022. Staff deemed the TP application incomplete on April 1, 2022. The applicant provided a response to the incomplete letter on April 12, 2022. Staff deemed the application complete on April 12, 2022. The 150t" day on which the County must take final action on the TP application is September 9, 2022. 247-22-000182-TP Page 5 of 55 PUBLIC AGENCY COMMENTS: The Planning Division mailed notice of the TP application on March 10, 2022 to several public agencies. Staff received the following responses. Deschutes County Building Official, Randy Scheid (March 10, 2022) NOTICE: The Deschutes County Building Safety Divisions code mandates that Access, Egress, Setbacks, Fire & Life Safety, Fire Fighting Water Supplies, etc. must be specifically addressed during the appropriate plan review process with regard to any proposed structures and occupancies. Accordingly, all Building Code required items will be addressed, when a specific structure, occupancy, and type of construction is proposed and submitted for plan review. Deschutes County Senior Transportation Planner, Peter Russell (March 14, 2022) I have reviewed the transmittal materials for file 247-22-000182-TP for a 16-lot subdivision with two overnight lodging units (OLUs) on each lot in the Caldera Springs destination resort at 17800 Vandevert Rd., aka County Assessor's Map 20-11-00, Tax Lot 103. The proposal is consistent with the approved Conceptual Master Plan (CMP) and Final Master Plan (FMP) and no additional traffic analysis is required. The properties utilize a private road system which accesses Vandevert Road, a public road maintained by Deschutes County and functionally classified as a collector. The property has an access approved by Deschutes County (File 247-009321-DA) and thus meets the access permit requirements of Deschutes County Code (DCC) 17.48.210(A). Board Resolution 2013-020 sets a transportation system development charge (SDC) rate of $4,757 per p.m. peak hour trip. Recreational homes generate 0.28 p.m. peak hour trips; the applicable SDC would be $1,332 ($4,757 X 0.28) per OLU. If the rooms can be independently rented, then for SDC purposes the $1,257 is per room as each room would function an OLU. If the rooms cannot be independently rented, then the SDC is per structure. The SDCs are not due until development occurs. Once development occurs, the SDC is due prior to issuance of certificate of occupancy, if a certificate of occupancy is not applicable, then the SDC is due within 60 days of the land use decision becoming final. THE PROVIDED SDC AMOUNT IS ONLY VALID UNTIL JUNE 30, 2022. DESCHUTES COUNTY'S SDC RATE IS INDEXED AND RESETS EVERYJULY 1. WHEN PAYING AN SDC, THE ACTUAL AMOUNT DUE IS DETERMINED BY USING THE CURRENT SDC RATEAT THE DATE THE BUILDING PERMIT IS PULLED. Deschutes Count Road Department, Cody Smith, County Engineer (April 4, 2022) Deschutes County Road Department requests that approval of the proposed subdivision be subject to the following conditions: Prior to construction of private road improvements: Applicant shall submit road improvement plans to Road Department for approval prior to commencement of construction pursuant to DCC 17.40.020 and 17.48.060, The roads shall be designed to the minimum standard for a private road pursuant to 17,48.160, 17.48,180, and 247-22-000182-TP Page 6 of 55 17.48A or pursuant to the approved master plan. Road improvement plans shall be prepared in accordance with all applicable sections of DCC 17.48. Prior to final plat approval by Road Department: • Applicant shall complete road improvements according to the approved plans and all applicable sections of DCC 17.48. Improvements shall be constructed under the inspection of a register professional engineer consistent with ORS 92.097 and DCC 17.40.040. Upon completion of road improvements, applicant shall provide a letter from the engineer certifying that the improvements were constructed in accordance with the approved plans and all applicable sections of DCC 17.48. All easements of record or existing rights of way shall be noted on the final plat pursuant to DCC 17.24.060(E),(F), and (H). The surveyor preparing the plat shall, on behalf of Applicant, submit information showing the location of the existing roads in relationship to the rights of way to Deschutes County Road Department. This information can be submitted on a worksheet and does not necessarily have to be on the final plat. All existing road facilities and new road improvements are to be located within legally established or dedicated rights of way. In no case shall a road improvement be located outside of a dedicated road right of way. If research reveals that inadequate right of way exists or that the existing roadway is outside of the legally established or dedicated right of way, additional right of way will be dedicated as directed by Deschutes County Road Department to meet the applicable requirements of DCC Title 17 or other County road standards. This condition is pursuant to DCC 17.24.060(E),(F), and (G) and 17.24.070(E)(8). • Applicant shall submit as -constructed improvement plans to Road Department pursuant to DCC 17.24.070(E)(1). Applicant shall submit plat to Road Department for approval pursuant to DCC 17.24.060(R)(2), 100, 110, and 140. The following agencies did not respond or had no comments. Deschutes County Assessor, Deschutes National Forest, Oregon Department of Aviation, Oregon Department of Fish and Wildlife, Oregon Department of Transportation, Sunriver Airport, Sunriver Fire Department, Sunriver Owners' Association, and Sunriver Utilities. PUBLIC COMMENTS: On March 10, 2022, the Planning Division mailed notice of the TP application to all property owners within the 750 feet of the annexation property. The applicant complied with the posted notice requirements of Section 22.23.030(B) of Title 22 by submitting a Land Use Action Sign Affidavit indicating the applicant posted notice of the TP application on March 11, 2022. No public comments were received. I11. FINDINGS & CONCLUSIONS FMP CONDITIONS OF APPROVAL Conditions of approval were required as part of the Annexation CMP Decision and the Board of County Commissioners ("BoCC") Remand Decision. The majority of conditions of approval from the Annexation CMP Decision and the BoCC Remand Decision were carried over and relevant to the 247-22-000182-TP Page 7 of 55 FMP. In his decision, the Hearings Officer ("HOff") labeled the relevant Annexation CMP Decision conditions as "CMP" followed by the respective condition number. The HOff labeled the BoCC Remand Decision conditions as "R" followed by the respective condition number. The Hoff also included a number of staff and applicant recommended conditions. These conditions were included based upon the HOffs conclusion that staff and applicant recommended conditions were necessary to satisfy relevant approval criteria. The Hoff labeled staff recommended conditions as "S" followed by an identification number. The Hoff labeled applicant recommended conditions as "A' followed by an identification number. The BoCC Remand Decision modified Annexation CMP conditions #8, #11, #12 and #18. For this reason, those Annexation CMP conditions were not included in the FMP decision. Additionally, the Hoff found Remand Decision condition #4 was not applicable and, therefore, was not included in the FMP decision. As noted in the FMP findings for BoCC condition #6, Vandevert Road ingress and egress is allowed by both CMP condition #2 and BoCC condition #6 with egress from the Resort onto Vandevert restricted to right turn movements only. Also, the HOff noted that BoCC condition #8 reflects the current DCC ratio requirements and updates the ratio referenced in CMP condition #6A. CMP 1. Approval is based upon the application, site plan, specifications, and supporting documentation submitted by the Applicant. Any substantial change in this approved use will require review through a new land use application. FINDING: Staff includes a condition of approval to ensure compliance. Application Materials. Approval is based upon the application, site plan, specifications, and supporting documentation submitted by the applicant. Any substantial change in this approved use will require review through a new land use application. PRIOR TO FINAL PLAT CMP 5. The approach apron to Vandevert Road must be paved to reduce the amount of gravel and debris tracked onto Vandevert Road from the property. FINDING: The applicant was required to pave the Vandevert Road approach apron in conjunction with final plat approval for Phase A (247-21-0001014-FPA, 21-101 S-FPA). This requirement has been met. CMP 6. Before approval of each final plat, all the following shall be provided. A. Documentation demonstrating compliance with the 2.5 to 1 ratio as defined in DCC 18.113.060(D)(2); FINDING: The applicant provided the following findings, 247-22-000182-TP Page 8 of 55 As discussed above, the FMP imposed a 2.3:1 ratio rather than the county's standard 2.5:1 ratio. The chart show in the above sections demonstrate how the applicant has met the 2.3:1 ratio and explains that if sufficient OLUs are not constructed, that bonding will be used to ensure compliance with this standard. As noted in the BOCC's decision on the FMP, the subject property is an expansion of the existing Resort. As such, any calculation regarding compliance with the required ratio must take into consideration the existing residential units and OLUs. The existing Resort and annexation property (Phase A and B) includes 420 residential lots and 242 OLUs. The proposed residential subdivision and companion OLU subdivision will increase those numbers to 492 residential lots and 274 OLUs. This total provides a 1.79 to 1 ratio, well below the maximum 2.3 to 1 ratio. However, within the annexation expansion area, currently, only the Phase A OLU subdivision (32 units) and companion residential subdivision (70 lots) are platted. The OLU and companion residential subdivision tentative plat for Phase B were approved on May 4, 2022 but have not yet been platted. The applicant provided a summary table which staff has included below. Phase SFR Units OLUs Phase Ratio Overall Ratio Complete OLUs Req. OLUs at 2.3:1 Caldera 1 &2 320 196 1.6:1 1.6:1 196 150 (min) CSA Phase A 70 32 2.18:1 1.7:1 196 170 (26 surplus) CSA Phase B 30 14 2.14:1 1.7:1 196 182 (14 surplus) CSA Phase C 72 32 2.25:1 1.8:1 196 214 (18 required) Total 492 276 N/A 1.8:1 196 For Phase A and Phase B, the applicant proposed 32 and 14 OLUs, respectively. For Phase C the applicant proposes 32 OLUs to be constructed on 16 separate lots. The applicant has recently submitted building permits for five OLUs within Phase A and anticipates additional permit submittals to follow. With approval of the Phase C OLU and companion residential subdivision plat, a total of 214 OLUs are required to be in place or guaranteed through surety bonding. As of the writing of this staff report, 196 OLUs are constructed, leaving at least 18 required to ensure compliance with the approved 2.3:1 ratio. Depending on the timing of construction of the OLUs, if the 18 OLUs are not completed by the time of recording of the Phase C plats, the applicant will be required to provide bonding or other security to ensure that all required OLUs are in place or guaranteed through bonding. Staff adds a condition of approval to ensure compliance. 247-22-000182-TP Page 9 of 55 Final Plat - OLU and Residential: Prior to the recordation of the final plat of Phase C, the applicant shall submit one of the following to ensure that a minimum of 214 OLUs, or the minimum necessary to meet the 2.3:1 ratio, are provided to demonstrate compliance with this condition of approval: A. Documentation that a minimum of 214 OLUs are constructed; or B. Bonding or other security to ensure that a minimum of 214 OLUs are constructed or otherwise guaranteed. B. Documentation on all individually -owned residential units counted as overnight lodging, including all of the following. 1) Designation on the plat of any individually -owned units that are going to be counted as overnight lodging, FINDING: The applicant states the final plat will comply with this condition. To ensure compliance, staff includes a condition of approval. Plat Designation. The plat shall designate all individually -owned units that will be counted as OLUs. 2) Deed restrictions requiring the individually -owned residential units designated as overnight lodging units to be available for rental at least 38 weeks each year through a central reservation and check -in service operated by the resort or by a real estate property manager, as defined in ORS 696.010, 3) An irrevocable provision in the resort Conditions, Covenants and Restrictions ("CC&Rs) requiring the individually -owned residential units designated as overnight lodging units to be available for rental at least 38 weeks each year through a central reservation and check -in service operated by the resort or by a real estate property manager, as defined in ORS 696.010, 4) A provision in the resort CC&R's that all property owners within the resort recognize that failure to meet the conditions in DCC 18.113.060(L)(6)(b)(iii) is a violation of Deschutes County Code and subject to code enforcement proceedings by the County, 5) Inclusion of language in any rental contract between the owner of an individually -owned residential unit designated as an overnight lodging unit and any central reservation and check in service or real estate property manager requiring that such unit be available for rental at least 38 weeks each year through a central reservation and check -in service operated by the resort or by a real estate property manager, as defined in ORS 696.010, and that failure to meet the conditions in DCC 18.113.060(L)(6)(b)(v) is a violation of Deschutes County Code and subject to code enforcement proceedings by the County. 247-22-000182-TP Page 10 of 55 FINDING: The Declaration of Covenants, Conditions and Restrictions ("Declaration") imposes these requirements. To ensure compliance staff includes the following condition of approval. Declaration. Prior to, or concurrent with, the OLU plat recording, the owner shall record the Declaration, as amended and detailed in this decision. AT ALL TIMES CMP 7. No new or expanded industrial, commercial or recreational use shall project lighting directly onto an existing runway or taxiway or into existing airport approach surfaces except where necessary forsafe and convenient air travel. Lighting for these uses shall incorporate shielding in their designs to reflect light away from airport approach surfaces. No use shall imitate airport lighting or impede the ability of pilots to distinguish between airport lighting and other lighting. FINDING: No new or expanded industrial, commercial or recreational uses are proposed. This condition does not apply. CMP 9. The Declaration shall be revised to require the developer to comply with the fence standards pursuant to DCC 18.88.070. FINDING: Based on staffs review of the revised Declaration, Section 7.1 was amended to comply with this condition. As noted above, staff includes a condition of approval requiring the Declaration be recorded prior to, or concurrent with, final plat. CMP 10. Prior to development of each phase of the resort expansion, the developer shall submit to the Planning Division an erosion control plan for that phase. FINDING: The applicant submitted the Erosion and Sediment Control Plan, which covers the area dedicated to the subject OLU subdivision and the companion residential subdivision. The Plan details the location of anticipated ground disturbance, sediment and debris fencing, and construction entrance. The Plan also notes the use of erosion and sediment control best management practices throughout the construction phase. This criterion is met. CMP 13. Except as otherwise specified herein, all development (including structures, site obscuring fences of over three feet in height and changes to the natural topography of the land) shall be setback from exterior property lines as follows: A. Three hundred fifty feet for commercial development including all associated parking areas; B. Two hundred fifty feet for multi family development and visitor oriented accommodations (except for single family residences) including all associated parking areas, 247-22-000182-TP Page 11 of 55 C. One hundred fifty feet for above grade development other than that listed in DCC 18.113.060(G)(2)(a)(i) and (ii), including any installed landscaped berms, D. One hundred feet for roads, E. Fifty feet for golf courses, and F. Fifty feet for jogging trails and bike paths where they abut private developed lots and no setback for where they abut public roads and public lands. G. Notwithstanding Condition of Approval No. 13(C)1, above grade development other than that listed in DCC 18.113.060(G)(2)(a)(i) and (ii) shall be set back 250 feet in circumstances where state highways coincide with exterior property lines. H. The setbacks identified in Condition of Approval No. 13 shall not apply to entry roadways and signs. FINDING: The annexation property was reviewed and approved as an expansion of the existing Caldera Springs Resort. For this reason, staff finds the exterior property lines are the exterior property lines of the combined existing Resort and annexation property. In other words, none of the common property lines between the existing Resort and annexation property are considered exterior property lines for this purposes of these conditions. The Hoff confirmed this interpretation in the FMP decision. Based on staffs review of the TIP, all development on the proposed OLU lots will comply with the 250-foot setback requirement of subsection (B) above, and the 100-foot setback for roads under subsection (D). CMP 14 through 19. FINDING: These conditions apply to the annexation property as a whole, rather than to the specific OLU subdivision proposed under this TP application. CMP 20. The Covenants, Conditions and Restrictions (CCRs) and/or Bylaws for the resort shall include a specific provision for funding of the Wildlife Report requirements and retention of a professional biologist. FINDING: As noted above, staff includes a condition of approval requiring the Declaration to be recorded prior to, or concurrent with, the final plat. This condition will be met. CMP 21. The resort shall comply with the approved Wildfire Management Plan. As noted in the FMP decision, the Hearings Officer found the original reference to Condition of Approval No. 11 is an error. The Hearings Officer revised conditions G and H to reference Condition of Approval 13, to address this error. 247-22-000182-TP Page 12 of 55 FINDING: The required recordation of the Declaration, which itself requires compliance with the Wildfire Management Plan, will ensure compliance with this condition. CMP 22 through 24. FINDING: Recordation of the Declaration, which requires compliance with these conditions, will ensure compliance. R 3. Uses in the Wildlife Mitigation Tract ("WMT"). The only uses permitted within the WMT shall be the access road depicted on the Site Plan and soft walking/hiking paths, as generally depicted on the Site Plan. The following additional restrictions will apply to uses in the WMT: A. Recreation. To offset potential disturbance -or disruption -related indirect effects of humans, the WMT will not include the use of any bicycle, mountain bike or other mechanical vehicles, except as may be reasonably required for wildfire and wildlife treatments within the WMT as contemplated by the wildfire and wildlife reports adopted as part of Annexation I. B. Dogs. The CC&Rs for the Resort shall specifically include a requirement that no off -leash dogs shall be permitted in the Resort, unless located within a fenced dog park located within the Resort, but outside the Wildlife Mitigation Tract. C. Access Road Operation. The access road through the WMT shall be designated as a homeowner access road, limited to homeowner and construction traffic only. The access road as depicted on the Site Plan shall be relocated west to be within or immediately adjacent to the powerline easement. No gatehouse or guest station shall be permitted at the access point. Appropriate signage shall be installed directing Resort guests and visitors to the main resort entrance on South Century Drive. i. Gates shall be installed and maintained as reasonably practical at the south terminus of the Resort roadway and Vandevert Road, at the interior location set forth on the Site Plan. The gates shall be closed and operable by a key card, vehicle transponders or other similar equipment 24 hours per day. ii. The access road shall be designed in a manner to reduce speeds (including one or more of the following features: sinuous alignment, bulb outs, traffic calming features) and shall be posted with a 20 MPH limit and identified as a wildlife corridor. iii. Educational signage shall be placed in an appropriate location at the boundary of the WMT identifying the area as such, and explaining the need not to disturb habitat or species within the WMT. D. Structures. No structures other than the access road, gates and proposed walking trails as shown on the Site Plan shall be permitted in the WMT. E. Management in the WMT. Consistent with the wildlife management report prepared for the Resort, the following management measures shall be implemented: 247-22-000182-TP Page 13 of 55 i. Rock Outcrops. Rock outcrops and piles provide unique habitat qualities and serve as a keystone habitat niche within the WMT. Accordingly, any management activities should avoid such outcrops and the surrounding vegetation; ii. Snags. Standing snags provide important habitat niches, especially for avian and small mammal species. Accordingly, all existing wildlife snags should be retained, unless they are determined to pose a wildfire hazard. F. Other Habitat Conservation Measures. Vegetation shall be monitored, and weeds and non-native plants will be controlled and eradicated when possible, i. Brush patches will be maintained in a mosaic pattern to provide various stages of growth so that both cover and forage are provided. Vegetation management activities performed in the WMT shall be performed in the fall or spring (outside of deer winter season) when areas are accessible and not under fire restrictions, except that any mowing is not to occur in the spring when there is bird nesting, ii. Ponderosa pine trees (dead and living) will be preserved where possible, iii. Downed logs will be retained for their wildlife value where possible, iv. Firewood cutting or vegetation alteration beyond that prescribed as management for increased habitat value or as management for wildfire risk, will not be permitted, V. Prior to Final Plat Approval, nest boxes will be installed. Said nest boxes shall be maintained to benefit native bird species, vi. Prior to Final Plat Approval, bat boxes will be installed on trees to benefit native bat species, vii. New fences are prohibited in the WMT; viii. Livestock will not be kept or allowed on the Annexation Property, ix. The proposed development will prohibit the recreational use of off - road motor vehicles within the WMT. Motorized vehicle use in the WMT will only be allowed for management or emergency fire vehicle access, X. The lots that are directly adjacent to the WMT will have 25 foot setback requirements to protect the wildlife value of the area, xi. A program for proper garbage storage and disposal will be instituted for all resort residences and facilities. The program will be designed to reduce the availability of human -generated food resources to predators and corvids (crows, ravens, and jays) known to predate other wildlife species, xii. An educational program for local residents will be initiated regarding the native wildlife populations using the WMT and the need to avoid disturbance of species within the WMT. Educational materials will include newsletters, flyers, signage on trails, orothersimilar outreach tools, 247-22-000182-TP Page 14 of 55 xiii. No fireworks of any type will be allowed; xiv. No use of drones will be allowed; and xv. No hunting, discharge of firearms or trapping will be allowed. FINDING: Condition R3 applies to restrictions within the WMT. Because the proposed OLU subdivision does not include any portion of the WMT, staff finds these conditions do not apply. R 5. The Applicant shall be permitted to construct residential and overnight lodging units in an amount not to exceed 100 EDUs (residential unit =1 EDU, overnight lodging unit = 0.5 EDU) prior to any upgrades to the current wastewater treatment plant. Prior to issuance of any building permit for a residential use or an overnight lodging unit beyond 100 EDUs, the Applicant shall submit evidence that Sunriver Environmental has completed the treatment plant upgrades identified in the September 18, 2018 email from DEQ and that DEQ has issued an appropriate WPCF permit, amendment or supplement authorizing the operation of upgraded wastewater treatment facilities serving the expansion area. FINDING: The previously approved and platted Phase A includes 86 EDUs2. Phase B includes 37 EDUs3. The subject OLU subdivision will include 16 EDUs and the companion Phase C 72-lot residential subdivision will include 72 EDUs, for a total of 88 EDUs.4 Together, Phase A, B, and C will include 211 EDUs. Similar to Phase B, the applicant agrees to a condition of approval to ensure compliance. Wastewater Treatment Plant Upgrades. Prior to issuance of any building permit for a residential use or an overnight lodging unit beyond 100 EDUs, the Applicant shall submit evidence that Sunriver Environmental has completed the treatment plant upgrades identified in the September 18, 2018 email from DEQ and that DEQ has issued an appropriate WPCF permit, amendment or supplement authorizing the operation of upgraded wastewater treatment facilities serving the expansion area. Staff further finds the following condition of approval is necessary to ensure appropriate tracking of EDUs. EDU Tracking. Concurrent with each building permit for an OLU in Phase C, the owner of said lot shall submit a report detailing the total number of EDUs previously applied for (building permits) within the annexation property. Once the applicant has provided proof of the necessary treatment plant upgrades, this condition shall no longer be in effect. R 6. Egress from the resort at the Vandevert Road access point shall be limited to homeowner, emergency and construction -related traffic only. Turning movements 2 Phase A includes a 70-lot residential subdivision and 16-lot OLU (32 OLUs) subdivision. The 32 OLUs equals 16 EDUs (32 * 0.5 EDU). Therefore, the total of both subdivisions within Phase A is 86 EDUs. 3 Phase B includes a 30-lot residential subdivision and 7-lot OLU (14 OLUs) subdivision. The 14 OLUs equals 7 EDUs (14 * 0.5 EDU). Therefore, the total of both subdivisions within Phase B is 37 EDUs. 4 Phase C includes a 72-lot residential subdivision and 16-lot OLU (32 OLUs) subdivision. The 32 OLUs equals 16 EDUs (32 * 0.5 EDU). Therefore, the total of both subdivisions within Phase C is 88 EDUs. 247-22-000182-TP Page 15 of 55 out of the resort shall be limited to right turns only until the Vandevert Road/Highway 97 intersection is either closed or limited to right in/right out only. Prior to construction, the County Road Department shall approve the turn restriction design. FINDING: The proposed subdivision does not include the Vandevert Road access point. This condition does not apply. R 7. Prior to or concurrent with an application for each tentative plat in the Annexation Area, the Applicant shall submit a copy of the PUC order or ruling approving the expansion of Sunriver Water LLC's service territory to include the area proposed to be platted. In no event shall the County approve a tentative plat within the Annexation Area if the Annexation Area has not been included in Sunriver Water LLC's service territory. FINDING: The applicant submitted the required PUC Order demonstrating approval for the expansion of Sunriver Water LLC's service territory. This condition is met. R 8. Prior Condition No. 11 is revised (with underline) as follows: The resort as a whole shall maintain a maximum ratio of single-family dwelling units to overnight accommodation units of 2.3.1. FINDING: As discussed above, the Resort, as a whole, will comply with the 2.3 to 1 ratio. Further, the owner will be required to demonstrate the OLUs necessary to satisfy the 2.3 to 1 ratio are constructed and available for rent. R 9. Prior Condition No 12 is revised (with underline) as follows: Individually owned Overnight Lodging Units (OLUs) shall be made available for overnight rental use by the general public for at least 38 weeks per calendar year through one or more central reservation and check -in services operated by the destination resort or by a real estate manager, as defined in ORS 696.010. FINDING: Recordation of the Declaration, which includes this requirement, will ensure compliance. R 10. Prior condition No. 18 is revised (with underline) as follows: The resort shall comply with the approved Wildlife Report and the 2018 supplement included in connection with the present application, with the 2018 supplement controlling over any conflict between the two reports. FINDING: Recordation of the Declaration, which requires implementation of the Wildlife Report and supplement, will ensure compliance. This condition will be met. R 11. Prior to issuance of any building permit for any Visitor Oriented Accommodation (other than single family residences), the Applicant shall demonstrate that all Visitor Oriented Accommodations (other than single family residences) meet the 247-22-000182-TP Page 16 of 55 250 foot setback imposed by DCC 18.113.060(D)(2)(a)(ii). FINDING: As discussed previously, staff finds the proposed OLUs will comply with this condition. S 1 through S4. FINDING: Based on staffs review of the revised Declaration, Section 7.1, Section 9.2.4, and Section 9.2 have been amended to require compliance with DCC 18.88.070. This condition is met. A 1. Prior to the first final plat, the Applicant shall amend Section 9.2.3 of the Declaration, as follows: Any livestock related activities (e.g. bringing livestock into the WMT, grazing or the presence of livestock). FINDING: The Declaration includes the required revision to Section 9.2.3. The Declaration was recorded with the Deschutes County Clerk on February 3, 2022 (Document 2022-04871). This condition is met. A 2. The OLU-designated lots along the north/south spine road shall not be permitted to include any type of OLU other than as proposed by the Applicant through the FMP application (e.g. single family homes with an associated ADU). No inn, hotel, motel or other similar use shall be permitted on these lots. FINDING: The proposed OLU subdivision includes lots along the north -south spine road. Staff notes the specific design for the OLUs will be reviewed with the associated building permits. However, staff adds a condition of approval to ensure compliance. A 3. The OLUs constructed on the first seven lots on the spine road north of the 4-way intersection shall not exceed 2,500 square feet of total living space on each lot. FINDING: The proposed 0LU subdivision includes lots along the north/south spine road. Staff notes the specific design for the OLUs will be reviewed with the associated building permits. However, staff adds a condition of approval to ensure compliance. TITLE 18, DESCHUTES COUNTY ZONING ORDINANCE Chapter 18.113, Destination Resorts Section 18.113.040. Application Submission. The authorization of a permit for a destination resort shall consist of three steps. C. Site Plan Review. Each element or development phase of the destination resort must receive additional approval through the required site plan review (DCC 18.124) or 247-22-000182-TP Page 17 of 55 subdivision process (DCC Title 17). In addition to findings satisfying the site plan or subdivision criteria, findings shall be made that the specific development proposal complies with the standards and criteria of DCC M 113 and the FMP. FINDING: In compliance with this criterion, the applicant submitted a tentative plan application for a 16-lot subdivision. The applicable criteria in Title 17, DCC 18.113 and the FMP are addressed in this decision. Section 18.113.110. Provision of Streets, Utilities, Developed Recreational Facilities and Visitor Oriented Accommodations. A. The Planning Director or Hearings Body shall find that all streets, utilities, developed recreational facilities and visitor oriented accommodations required by the FMP are physically provided or are guaranteed through surety bonding or substantial financial assurances approved by the County prior to closure of sale of individual lots or units. FINDING: The applicant provides the following findings, In approving the CMP, the county found that Caldera Springs included a total of 196 OLUs. For Phase A and Phase B, the applicant proposed 32 and 14 OLUs respectively. For Phase C the applicant proposes 32 OLUS to be constructed on 16 separate lots. The applicant has recently submitted building permits for 10 OLUS, and anticipates filing building permits for an additional 8 to 10 OLUS within 30 days after the date of this application. With approval of the Phase C and Phase C OLU plats, a total of 214 OLUS are required to be in place or guaranteed through surety bonding. Depending on the timing of construction of these OLUs, if the 18 to 20 OLUS are not completed by the time of recording of the Phase C plats, the applicant anticipates that it will provide a bond or other security to ensure that all required OLUs are in place or guaranteed through bonding. The following chart identifies the unit and OLU count as of the date of this application. Phase SFR OLUs Phase Overall Complete Req. Units Ratio Ratio OLUs OLUs at 2.3:1 Caldera 1 320 196 1.6:1 1.6:1 196 150 (min) &2 CSA 70 32 2.18:1 1.7:1 196 170 (26 Phase A surplus) CSA 30 14 2.14:1 1.7:1 196 182 (14 Phase B surplus) CSA 72 32 2.25:1 1.8:1 196 214 (18 Phase C required) Total 492 276 N/A 1.8:1 196 247-22-000182-TP Page 18 of 55 Staff agrees with the applicant's response. Depending on the timing of construction of the OLUs, if the 18 to 20 OLUs are not completed by the time of recording of the Phase C plats, the applicant will be required to provide bonding or other security to ensure that all required OLUs are in place or guaranteed through bonding. Staff adds a condition of approval to ensure compliance. Final Plat - OLU and Residential: Prior to the recordation of the final plat of Phase C, the applicant shall submit one of the following to ensure that a minimum of 214 OLUs, or the minimum necessary to meet the 2.3:1 ratio, are provided to demonstrate compliance with this condition of approval: A. Documentation that a minimum of 214 OLUs are constructed; or B. Bonding or other security to ensure that a minimum of 214 OLUs are constructed or otherwise guaranteed. B. Financial assurance or bonding to assure completion of streets and utilities, developed recreational facilities and visitor oriented accommodations in the FMP shall be required pursuant to the security requirements for site plan review and subdivision review established by the Deschutes County Code. Staff has added a condition of approval above regarding visitor oriented accommodations. The applicant has the option to either physically construct all streets and utilities, or financially assure them, prior to final plat. For this reason, staff includes a condition of approval to ensure compliance. Roads and Utilities. Prior to final plat, the owner shall either physically construct all streets and utilities, or financially assure them. If the owner chooses to financially assure the streets and utilities, the owner shall secure an Improvement Agreement and surety to the satisfaction of the County, prior to final plat. TITLE 17, SUBDIVISIONS AND PARTITIONS Chapter 17.12, Administration and Enforcement Section 17.12.080. Statement of Water Rights. All applicants for a subdivision or partition shall be informed by the Planning Director or his designee of the requirement to include a statement of water rights on the final plat. FINDING: Staff includes this criterion to inform the applicant of the requirement to include a statement of water rights on the final plat. Section 17 12 100 Sale of Subdivision Lots Prohibited Before Final Approval. No person shall sell any lot in any subdivision until final approval of the land division has been granted by the County. Final approval occurs when the plat of the subdivision or partition is recorded with the County Clerk. No person shall negotiate to sell any lot in a subdivision until a tentative plan has been approved. FINDING: Staff includes this criterion to inform the applicant of these requirements. 247-22-000182-TP Page 19 of 55 Chapter 17.16, Approval of Subdivision Tentative Plans and Master Development Plans Section 17 16.040. Protective Covenants and Homeowner Association Agreements. Landowner covenants, conditions, and restrictions and homeowner association agreements are not relevant to approval of subdivisions and partitions under DCC Title 17, unless otherwise determined by the County to carry out certain conditions of approval, such as road maintenance or open space preservation. Any provisions in such agreements not in conformance with the provisions of DCC Title 17 or applicable zoning ordinances are void. FINDING: The owner's Declaration is necessary to carry out conditions of approval related to the FMP, as discussed herein. For this reason, staff finds the Declaration is relevant to the approval of the subject 16-lot OLU subdivision. As noted above, staff includes a condition of approval requiring the owner to record the Declaration. Section 17.16.050, Master Development Plan. An overall master development plan shall be submitted for all developments affecting land under the same ownership for which phased development is contemplated. The master plan shall include, but not be limited to, the following elements: A. Overall development plan, including phase or unit sequence, B. Show compliance with the comprehensive plan and implementing land use ordinances and policies, C. Schedule of improvements, initiation and completion, D. Overall transportation and traffic pattern plan, including bicycle, pedestrian and public transit transportation facilities and access corridors, E. Program timetable projection, F. Development plans for any common elements or facilities; G. if the proposed subdivision has an unknown impact upon adjacent lands or lands within the general vicinity, the Planning Director or Hearings Body may require a potential development pattern for streets, bikeways and access corridors for adjoining lands to be submitted together with the tentative plan as part of the master development plan for the subject subdivision. FINDING: The CMP and FMP approvals demonstrate compliance with these criteria. Section 17.16.060 Master Development Plan Approval, The Planning Director or Hearings Body shall review a master development plan at the same time the tentative plan for the first phase is reviewed. The Planning Director or Hearings Body may approve, modify or disapprove the master plan and shall set forth findings for such decision. The Planning Director or Hearings Body may also attach conditions necessary to bring the plan into compliance with all applicable land use 247-22-000182-TP Page 20 of 55 ordinances and policies. Any tentative plan submitted for the plan area shall conform to the master plan unless approved otherwise by the County. Master plan approval shall be granted for a specified time period by the Planning Director or Hearings Body, and shall be included in the conditions of approval. FINDING: This decision reviews the TP against the CMP and FMP approvals. Relevant conditions of the CMP and FMP approvals are addressed in this decision. Section 17.16.070, Development Following Approval. Once a master plan is approved by the County, the plan shall be binding upon both the County and the developer, provided, however, after five years from the date of approval of the plan, the County may initiate a review of the plan for conformance with applicable County regulations. If necessary, the County may require changes in the plan to bring it into conformance. FINDING: This TP was applied for within 5 years of the FMP. This criterion is met. Section 17 16 080 Tentative Plan as a Master Plan. A. As an alternative to the filing of a master plan for phased development, the applicant may file a tentative plan for the entire development. The plan must comply with the provisions of DCC Title 17 for tentative plans. B. If the applicant proposed to phase development, he shall provide sufficient information regarding the overall development plan and phasing sequence when submitting the tentative plan. C. If the tentative plan is approved with phasing, the final plat for each phase shall be filed in accordance with DCC 17.24.020 through 17.24.110. FINDING: The CMP and FMP approvals are the master plans for the annexation property. Section 17.16.090. Tentative Plan Approval. A. The Hearings Body shall review the application and any comments submitted by other appropriate County, state, or federal agencies and shall render a decision in accordance with DCC 17.16.100, setting forth findings supporting its decision. FINDING: This decision captures staffs analysis of the application and agency comments. This decision is issued in accordance with DCC 17.16.100. B. Approval of the tentative plan shall not constitute final acceptance of the plat of the proposed subdivision for purposes of recording, however, approval of such tentative plan shall be binding upon the County for the purposes of preparation and review of the final plat. Upon review of the final plat, the County may require compliance with the terms of its tentative plan approval of the proposed subdivision 247-22-000182-TP Page 21 of 55 and the terms of DCC Title 17. FINDING: This decision will be used to review the final plat for compliance. Section 17 16 100. Required Findings for Approval. A tentative plan for a proposed subdivision shall not be approved unless the Planning Director or Hearings Body finds that the subdivision as proposed or modified will meet the requirements of DCC Title 17 and DCC Title 18 through 21, and is in compliance with the comprehensive plan. Such findings shall include, but not be limited to, the following. FINDING: This decision addresses the requirements of Chapters 17 and 18, as well as compliance with the FMP. The requirements of the Comprehensive Plan are codified within the Zoning Ordinance. Because no change to the Comprehensive Plan is sought by this application, conformance with Chapters 17 and 18 also indicates conformance with the Comprehensive Plan. A. The subdivision contributes to orderly development and land use patterns in the area, and provides for the preservation of natural features and resources such as streams, lakes, natural vegetation, special terrain features, agricultural and forest lands and other natural resources. FINDING: Previous Deschutes County approvals of the CMP and FMP for the annexation property demonstrated general compliance with the criteria for orderly development and land use patterns in the area. The only notable natural feature within the annexation property is the existing pine forest throughout the property. As approved under the FMP, a significant portion of this pine forest will be preserved via the Wildlife Mitigation Tract. In the CMP decision, the Hearings Officer concluded, ...the expansion property is generally flat with no significant topographic features on -site. Additionally, the subject property contains no habitat of threatened or endangered species, and no natural streams, rivers, wetlands, or riparian vegetation. The subject property includes no lands zoned for farm use. While the property is zoned for forest use, the Destination Resort Combining Zone allows for the establishment of the proposed use. Further, as noted above, a significant portion of the existing pine forest will be preserved as part of the overall development of the annexation property. For these reasons, staff finds this criterion will be met. B. The subdivision will not create excessive demand on public facilities and services, and utilities required to serve the development. FINDING: The applicant provides the following findings, 247-22-000182-TP Page 22 of 55 In connection with the CMP and FMP approvals, the applicant demonstrated that the resort as a whole will not create an excessive demand on public facilities, services or utilities. One condition of approval requires that prior to final plat of any property, the applicant demonstrate that the property is within the Sunriver Water service territory. As part of the Phase A plats, the applicant provided the county with a copy of the order demonstrating that all resort property is within the exclusive territory of Sunriver Water. In order to expand its service territory, the utility had to demonstrate that it has adequate capacity to serve the property. Similarly, a condition requires that development beyond 100 EDUs not occur until Sunriver Environmental has completed upgrades of its treatment facility. Those upgrades have been approved and are underway. Because approval of the Phase C plats (together with Phase C OLU plat), would allow for construction of lots and EDUs in excess of 100 EDUs, the applicant anticipates a condition of approval preventing the issuance of building permits for units which would exceed the 100 EDU limit. The applicant notes that the plans upgrades are anticipated to be complete in approximately one year, and further notes that it is extremely unlikely that the county will be in the position to issue building permits beyond the 100 EDUs prior to completion of the plant upgrades. The CMP and FMP decisions demonstrate the uses envisioned for the annexation property will not create excessive demand on public facilities, public services and utilities required to serve the development. The applicant submitted signed agreements for sewer and water service. Specific to water, the applicant submitted evidence indicating the annexation property has been included into the service territory for Sunriver Water. Per the FMP, the only transportation related mitigation measures which were required are the paving of the apron and the right -out turning movement at the Elk Run Drive and Vandevert Road intersection. No off -site mitigation measures to address transportation impacts were identified or required. The record for the CMP includes intent to serve letters from Cascade Natural Gas for natural gas; Midstate Electric Cooperative, Inc. for electricity; Bend Broadband for telephone and cable services; Centurylink for telephone service; and Wilderness Garbage & Recycling for solid waste service. Based on the above, Staff agrees and finds this criterion will be met. C. The tentative plan for the proposed subdivision meets the requirements of ORS 92.090. FINDING: The requirements of ORS 92.090 are addressed in this decision. D. For subdivision or portions thereof proposed within a Surface Mining Impact Area (SMIA) zone under DCC Title 18, the subdivision creates lots on which noise or dust sensitive uses can be sited consistent with the requirements of DCC 18.56, as amended, as demonstrated by the site plan and accompanying information required under DCC 17.16.030. FINDING: The property is not within a SMIA Combining Zone. This criterion does not apply. 247-22-000182-TP Page 23 of 55 E. The subdivision name has been approved by the County Surveyor. FINDING: Staff includes a condition of approval to ensure compliance. Subdivision Name. Prior to final plat approval, the owner shall submit correspondence from the County Surveyor approving the subdivision name. County Surveyor signature on the plat shall also demonstrate compliance. Section 17.16.105. Access to Subdivisions. No proposed subdivision shall be approved unless it would be accessed by roads constructed to County standards and by roads under one of the following conditions: A. Public roads with maintenance responsibility accepted by a unit of local or state government or assigned to landowners or homeowners association by covenant or agreement, or B. Private roads, as permitted by DCC Title 18, with maintenance responsibility assigned to landowners or homeowners associations by covenant or agreement pursuant to ORS 105; or C. This standard is met if the subdivision would have direct access to an improved collector or arterial or in cases where the subdivision has no direct access to such a collector or arterial, by demonstrating that the road accessing the subdivision from a collector or arterial meets relevant County standards that maintenance responsibility for the roads has been assigned as required by this section. FINDING: The subdivision will have direct access from Elk Run Drive, Lava Springs Loop, and Trailwood Loop, private internal Resort roads to be maintained by the Homeowners Association. Criterion (A) does not apply. Criteria (B) and (C) will be met. Chapter 17.24, Final Plat. Section 17.24.030 Submission for Phased Development. A. If a tentative plan is approved for phased development, the final plat for the first phase shall be filed within two years of the approval date for the tentative plan. B. The final plats for any subsequent phase shall be filed within three years of the recording date of the final plat for the first phase. C. The applicant may request an extension for any final plat under DCC 17.24 in the manner provided for in DCC 17.24.020(B). D. If the applicant fails to file a final plat, the tentative plan for those phases shall become null and void. FINDING: The applicant provided the following findings, 247-22-000182-TP Page 24 of 55 The applicant proposes to develop Phase C in one to two phases. Phase C-1 (as depicted on the plat) is for 8 lots, which Phase C-2 is also for 8 lots. The applicant understands that the Phase C-2 plat would need to be filed within three years of the recording of Phase C-1. As noted above, the 16-lot OLU subdivisions includes three phases. Staff adds a condition of approval requiring final plat timing in accordance with the standards above. Final Plat Phasing. The final plat for each phase shall be filed in accordance with DCC 17.24.020 through 17.24.110. Section 17.24.120. Improvement Agreement. A. The subdivider may, in lieu of completion of the required repairs to existing streets and facilities, and improvements as specified in the tentative plan, request the County to approve an agreement between himself and the County specifying the schedule by which the required improvements and repairs shall be completed, provided, however, any schedule of improvements and repairs agreed to shall not exceed on[e] year from the date the final plat is recorded, except as otherwise allowed by DCC 17.24.120(F) below. The agreement shall also provide the following. - FINDING: The applicant provided the following findings, The applicant is not requesting an Improvement Agreement for roads and utilities at this time; however, as with the Phase A plats, the applicant anticipates that an improvement agreement will be requested when the Phase C plats are recorded. The applicant is not requesting an Improvement Agreement at this time. Any such request will need to comply with the applicable criteria for improvement agreements. Chapter 17.36, Design Standards Section 17.36.020. Streets. A. The location, width and grade of streets shall be considered in their relation to existing and planned streets, topographical conditions, public convenience and safety, and the proposed use of land to be served by the streets. The street system shall assure an adequate traffic circulation system for all modes of transportation, including pedestrians, bicycles and automobiles, with intersection angles, grades, tangents and curves appropriate for the traffic to be carried, considering the terrain. The subdivision or partition shall provide for the continuation of the principal streets existing in the adjoining subdivision or partition or of their property projection when adjoining property which is not subdivided, and such streets shall be of a width not less than the minimum requirements for streets set forth in DCC 17.36. 247-22-000182-TP Page 25 of 55 FINDING: The proposed streets serving the tentative plat were approved as part of the CMP and FMP. The plat for the OLUs is being processed concurrently with the Phase C 72-lot residential plat. The OLUs will obtain direct access via Elk Run Drive, the north -south spine, and Trailwood Loop which is connected to Lava Springs Loop and Elk Run Drive in the Phase A plat. Elk Run drive provides a connection to Vandevert Road. Being a part of a resort, the platted area will also be served with multi -use paths, ensuring that all modes of transportation are accommodated in the circulation plan for the platted area and the resort as a whole. Streets have been designed with the topography in mind, ensuring that all grades meet established county standards. Street widths were approved as part of the CMP/FMP approval process. Staff finds this criterion will be met. B. Streets in subdivisions shall be dedicated to the public, unless located in a destination resort, planned community or planned or cluster development, where roads can be privately owned. Planned developments shall include public streets where necessary to accommodate present and future through traffic. FINDING: The proposed streets within the destination resort subdivision will be private. This criterion will be met. Section 17.36.040. Existing Streets. Whenever existing streets, adjacent to or within a tract, are of inadequate width to accommodate the increase in traffic expected from the subdivision or partition or by the County roadway network plan, additional rights of way shall be provided at the time of the land division by the applicant. During consideration of the tentative plan for the subdivision or partition, the Planning Director or Hearings Body, together with the Road Department Director, shall determine whether improvements to existing streets adjacent to or within the tract, are required. If so determined, such improvements shall be required as a condition of approval for the tentative plan. Improvements to adjacent streets shall be required where traffic on such streets will be directly affected by the proposed subdivision or partition. FINDING: The Road Department did not identify any existing streets which require additional dedication of right-of-way. This criterion does not apply. Section 17.36.050. Continuation of Streets. Subdivision or partition streets which constitute the continuation of streets in contiguous territory shall be aligned so that their centerlines coincide. FINDING: The subdivision does not include any streets which constitute the continuation of any existing streets in contiguous territory. This criterion does not apply. 247-22-000182-TP Page 26 of 55 Section 17 36.060. Minimum Right of Way and Roadway Width. The street right of way and roadway surfacing widths shall be in conformance with standards and specifications set forth in DCC 17.48. Where DCC 17.48 refers to street standards found in a zoning ordinance, the standards in the zoning ordinance shall prevail. FINDING: Proposed roads within the subdivision including the northerly extension of Elk Run Drive, Lava Springs Loop and Trailwood Loop. Proposed roads will have a 60-foot-wide right-of-way in compliance with DCC 1748. This criterion will be met. Section 17.36.070, Future Resubdivision_. Where a tract of land is divided into lots or parcels of an acre or more, the Hearings Body may require an arrangement of lots or parcels and streets such as to permit future re - subdivision in conformity to the street requirements and other requirements contained in DCC Title 17. FINDING: Given the property's intended use as part of a destination resort approved under a master plan, staff finds it is unnecessary to modify the arrangement of lots and streets to permit future re -subdivision. Section 17.36.080. Future Extension of Streets. When necessary to give access to or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary of the subdivision or partition. FINDING: The applicant provides the following findings, The county approved the overall resort circulation pattern in the CMP and FMP. As applied to this subdivision, Elk Run Drive, which provides access to Vandervert Road and provides the western boundary of the platted area and then into the existing portions of Caldera Springs via Trailmere Circle. Fo[rest]brook Loop and Lava Springs Loop connect directly to Elk Run Drive. Thus, all roads within the subdivision have been extended to the boundary of this subdivision. Staff agrees and finds that this criterion is met. Section 17.36.100. Frontage Roads. If a land division abuts or contains an existing or proposed collector or arterial street, the Planning Director or Hearings Body may require frontage roads, reverse frontage lots or parcels with suitable depth, screen planting contained in a non -access reservation along the rear or side property line, or other treatment necessary for adequate protection of residential properties and to afford separation of through and local traffic. All frontage roads shall comply with the applicable standards of Table A of DCC Title 17, unless 247-22-000182-TP Page 27 of 55 specifications included in a particular zone provide other standards applicable to frontage roads. FINDING: The applicant provides the following findings, The county approved the overall resort circulation pattern in the CMP and FMP. No frontage roads were proposed. Access to the subdivision will be through Lava Springs Loop, Elk Run Drive, with connections to Vandevert Road and Trailmere Circle in the existing Caldera Springs Resort. Frontage roads are not required under this section. Staff agrees and notes that the subdivision does not abut or contain an existing or proposed collector or arterial street. This criterion does not apply. Section 17 36 110 Streets Adjacent to Railroads Freeways and Parkways. When the area to be divided adjoins or contains a railroad, freeway or parkway, provision may be required for a street approximately parallel to and on each side of such right of way at a distance suitable for use of the land between the street and railroad, freeway or parkway. In the case of a railroad, there shall be a land strip of not less than 25 feet in width adjacent and along the railroad right of way and residential property. If the intervening property between such parallel streets and a freeway or a parkway is less than 80 feet in width, such intervening property shall be dedicated to park or thoroughfare use. The intersections of such parallel streets, where they intersect with streets that cross a railroad, shall be determined with due consideration at cross streets of a minimum distance required for approach grades to a future grade separation and right of way widths of the cross street. FINDING: The subdivision does not adjoin or contain a railroad, freeway or parkway. This criterion does not apply. Section 17.36.120. Street Names. Except for extensions of existing streets, no street name shall be used which will duplicate or be confused with the name of an existing street in a nearby city or in the County. Street names and numbers shall conform to the established pattern in the County and shall require approval from the County Property Address Coordinator. FINDING: Staff includes a condition of approval to ensure compliance. Street Names. Street names and numbers shall be approved by the County Property Address Coordinator. Section 17.36.130. Sidewalks. A. Within an urban growth boundary, sidewalks shall be installed on both sides of a 247-22-000182-TP Page 28 of 55 public road or street and in any special pedestrian way within the subdivision or partition, and along any collectors and arterials improved in accordance with the subdivision or partition approval. B. Within an urban area, sidewalks shall be required along frontage roads only on the side of the frontage road abutting the development. C. Sidewalk requirements for areas outside of urban areas are set forth in DCC 17.48.175. In the absence of a special requirement set forth by the Road Department Director under DCC 17.48.030, sidewalks and curbs are never required in rural areas outside unincorporated communities as that term is defined in DCC Title 18. FINDING: The subject property is not within an urban growth boundary, in an urban area, or in an unincorporated community. The Road Department did not require sidewalks under DCC 17.48.030. These criteria do not apply. Section 17 36 140. Bicycle Pedestrian and Transit Requirements. Pedestrian and Bicycle Circulation within Subdivision. A. The tentative plan for a proposed subdivision shall provide for bicycle and pedestrian routes, facilities and improvements within the subdivision and to nearby existing or planned neighborhood activity centers, such as schools, shopping areas and parks in a manner that will. 1. Minimize such interference from automobile traffic that would discourage pedestrian or cycle travel for short trips, 2. Provide a direct route of travel between destinations within the subdivision and existing or planned neighborhood activity centers, and 3. Otherwise meet the needs of cyclists and pedestrians, considering the destination and length of trip. FINDING: The applicant provides the following findings, The county approved the overall resort circulation pattern in the CMP and FMP. The resort, as well as the area to be subdivided, include a complex of multi -use pedestrian paths, both paved and unpaved. These facilities connect to the existing resort and will include future connections to the Sunriver Business Park during construction of later phases of the resort. The goal of providing these paths is for both recreational purposes and to minimize the need for owners and guests to use automobiles when accessing resort services. Trail connections extend all the way to Sunriver and provide a complete network of bicycle and pedestrian routes throughout the resort, the subdivision and the larger Sunriver community. Staff generally agrees and finds that this specific subdivision does not include multi -use paths. Therefore, these criteria do not apply. B. Subdivision layout. 1. Cul-de-sacs or dead-end streets shall be allowed only where, due to topographical or environmental constraints, the size and shape of the parcel, 247-22-000182-TP Page 29 of 55 or a lack of through -street connections in the area, a street connection is determined by the Planning Director or Hearings Body to be infeasible or inappropriate. In such instances, where applicable and feasible, there shall be a bicycle and pedestrian connection connecting the ends of cul-de-sacs to streets or neighborhood activity centers on the opposite side of the block. FINDING: The northern terminus of Elk Run Drive will terminate at the subdivision boundary. The applicant proposes a hammerhead turnaround at the terminus of Elk Run Drive until such time as the road is extended with future phases. The southern terminus of Trailwood Loop and eastern terminus of Lava Springs Loop will also terminate at the subdivision boundary but will be extended with future phases. The applicant has proposed a temporary looped gravel turnaround connecting these two dead ends to satisfy the criteria above. Fire Truck Turnaround: Prior to final plat approval, the owner shall submit correspondence from the La Pine Rural Fire Protection District approving a turnaround design at the terminus of Elk Run Drive and Trailwood Loop/Lava Springs Loop. 2. Bicycle and pedestrian connections between streets shall be provided at mid block where the addition of a connection would reduce the walking or cycling distance to an existing or planned neighborhood activity center by 400 feet and by at least 50 percent over other available routes. FINDING: The subdivision does not include bicycle and pedestrian connections. These criteria do not apply. 3. Local roads shall align and connect with themselves across collectors and arterials. Connections to existing or planned streets and undeveloped properties shall be provided at no greater than 400 foot intervals. 4. Connections shall not be more than 400 feet long and shall be as straight as possible. FINDING: No connections to collectors or arterials are proposed. These criteria do not apply. C. Facilities and Improvements. 1. Bikeways may be provided by either a separate paved path or an on street bike lane, consistent with the requirements of DCC Title 17. 2. Pedestrian access may be provided by sidewalks or a separate paved path, consistent with the requirements of DCC Title 17. 3. Connections shall have a 20 foot right of way, with at least a 10 foot usable surface. FINDING: The subdivision does not include bicycle and pedestrian connections. These criteria do not apply. Section 17.36.150. Blocks, 247-22-000182-TP Page 30 of 55 A. General. The length, width and shape of blocks shall accommodate the need for adequate building site size, street width and direct travel routes for pedestrians and cyclists through the subdivision and to nearby neighborhood activity centers, and shall be compatible with the limitations of the topography. B. Size. Within an urban growth boundary, no block shall be longer than 1,200 feet between street centerlines. In blocks over 800 feet in length, there shall be a cross connection consistent with the provisions of DCC 17.36.140. FINDING: The applicant provides the following findings. As part of the CMP and FMP approval, the county approved the width and shapes of the blocks. The block pattern is designed for a resort development and is not intended to have a grid pattern. The block pattern in the subdivision allows for a variety of lot sizes to accommodate a range of building types/sizes. Both the streets and multi -use paths provide direct travel routes throughout the site and to the surrounding area. The property is not within an urban growth boundary, so subsection (B) does not apply. Staff agrees and finds criterion A will be met. The property is not within an urban growth boundary. Therefore, criterion B does not apply. Section 17.36.160. Easements. A. Utility Easements. Easements shall be provided along property lines when necessary for the placement of overhead or underground utilities, and to provide the subdivision or partition with electric power, communication facilities, street lighting, sewer lines, water lines, gas lines or drainage. Such easements shall be labeled "Public Utility Easement" on the tentative and final plat, they shall be at least 12 feet in width and centered on lot lines where possible, except utility pole guyline easements along the rear of lots or parcels adjacent to unsubdivided land maybe reduced to 10 feet in width. FINDING: The applicant provides the following findings. All lots include the easements required under this section. In addition, the CC&Rs for the property include specific provisions for easements along property lines. As explained in connection with the Phase B plats, where easements border the front property line, the adjacent private street tracts are specifically permitted to include utilities. Consequently, the effective easement area is the 10-foot area on the lot, together with the width of the private street tract - well exceeding the 12-foot requirement. Staff includes a condition of approval to ensure compliance. Utility Easements. Easements shall be provided along property lines when necessary for the placement of overhead or underground utilities, and to provide the subdivision or partition with 247-22-000182-TP Page 31 of 55 electric power, communication facilities, street lighting, sewer lines, water lines, gas lines or drainage. Such easements shall be labeled "Public Utility Easement" on the tentative and final plat; they shall be at least 12 feet in width and centered on lot lines where possible, except utility pole guyline easements along the rear of lots or parcels adjacent to unsubdivided land may be reduced to 10 feet in width. B. Drainage. If a tract is traversed by a watercourse such as a drainageway, channel or stream, there shall be provided a stormwater easement or drainage right of way conforming substantially with the lines of the watercourse, or in such further width as will be adequate for the purpose. Streets or parkways parallel to major watercourses or drainageways may be required. FINDING: The subject property is not traversed by a watercourse. This criterion does not apply. Section 17.36.170. Lots Size and Shape. The size, width and orientation of lots or parcels shall be appropriate for the location of the land division and for the type of development and use contemplated, and shall be consistent with the lot or parcel size provisions of DCC Title 18 through 21, with the following exceptions: A. In areas not to be served by a public sewer, minimum lot and parcel sizes shall permit compliance with the requirements of the Department of Environmental Quality and the County Sanitarian, and shall be sufficient to permit adequate sewage disposal. Any problems posed by soil structure and water table and related to sewage disposal by septic tank shall be addressed and resolved in the applicant's initial plan. B. Where property is zoned and planned for business or industrial use, other widths and areas may be permitted by the Hearings Body. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off street service and parking facilities required by the type of use and development contemplated. FINDING: The applicant provides the following findings. The county approved the general lot size and orientation as part of the CMP and FMP approvals. The lots are of various sizes and allow for generous setbacks and a variety of building types. The property will be served by sewer facilities and is not designated for business or industrial use, so subsections (A) and (B) do not apply. Staff agrees and finds the applicable criteria will be met. Section 17.36.180. Frontage. A. Each lot or parcel shall abut upon a public road, or when located in a planned 247-22-000182-TP Page 32 of 55 development or cluster development, a private road, for at least 50 feet, except for lots or parcels fronting on the bulb of a cul de sac, then the minimum frontage shall be 30 feet, and except for partitions off of U.S. Forest Service or Bureau of Land Management roads. Frontage for partitions off U.S. Forest Service or Bureau of Land Management roads shall be decided on a case by case basis based on the location of the property, the condition of the road, and the orientation of the proposed parcels, but shall be at least 20 feet. In the La Pine Neighborhood Planning Area Residential Center District, lot widths may be less than 50 feet in width, as specified in DCC 18.61, Table 2: La Pine Neighborhood Planning Area Zoning Standards. Road frontage standards in destination resorts shall be subject to review in the conceptual master plan. B. All side lot lines shall be at right angles to street lines or radial to curved streets wherever practical. FINDING: Based on staffs review of the TP, these criteria will be met. Section 17 36.190. Through Lots. Lots or parcels with double frontage should be avoided except where they are essential to provide separation of residential development from major street or adjacent nonresidential activities to overcome specific disadvantages of topography and orientation. A planting screen easement of at least 10 feet in width and across which there shall be no right of access may be required along the lines of lots or parcels abutting such a traffic artery or other incompatible use. FINDING: No proposed lots have double frontage. This criterion will be met. Section 17.36.200. Corner Lots. Within an urban growth boundary, corner lots or parcels shall be a minimum of five feet more in width than other lots or parcels, and also shall have sufficient extra width to meet the additional side yard requirements of the zoning district in which they are located. FINDING: The subject property is not within an urban growth boundary. This criterion does not apply. Section 17.36.210. Solar Access Performance. A. As much solar access as feasible shall be provided each lot or parcel in every new subdivision or partition, considering topography, development pattern and existing vegetation. The lot lines of lots or parcels, as far as feasible, shall be oriented to provide solar access at ground level at the southern building line two hours before and after the solar zenith from September 22nd to March 21st. If it is not feasible to provide solar access to the southern building line, then solar access, if feasible, shall be provided at 10 feet above ground level at the southern building line two 247-22-000182-TP Page 33 of 55 hours before and after the solar zenith from September 22nd to March 21st, and three hours before and after the solar zenith from March 22nd to September21st. B. This solar access shall be protected by solar height restrictions on burdened properties for the benefit of lots or parcels receiving the solar access. C. If the solar access for any lot or parcel, either at the southern building line or at 10 feet above the southern building line, required by this performance standard is not feasible, supporting information must be filed with the application. FINDING: Pursuant to the FMP approval, the annexation property is not subject to solar setback standards. These criteria do not apply. Section 17.36.220. Underground Facilities. Within an urban growth boundary, all permanent utility services to lots or parcels in a subdivision or partition shall be provided from underground facilities, provided, however, the Hearings Body may allow overhead utilities if the surrounding area is already served by overhead utilities and the proposed subdivision or partition would create less than 10 lots. The subdivision or partition shall be responsible for complying with requirements of DCC 17.36.220, and shall: A. Obtain a permit from the Road Department for placement of all underground utilities. B. Make all necessary arrangements with the utility companies and other persons or corporations affected by the installation of such underground utilities in accordance with the rules and regulations of the State Public Utility Commission. C. All underground utilities, sanitary sewers and storm drains installed in streets shall be constructed prior to the surfacing of such streets to the extent practicable, and sanitary sewers shall be placed to such length as will obviate the necessity for disturbing the street improvements when service connections are made. FINDING: The subject property is not within an urban growth boundary. These criteria do not apply. Section 17 36.230. Grading of BuildingSites. ites. Grading of building sites shall conform to the following standards, unless physical conditions demonstrate the property of other standards: A. Cut slope ratios shall not exceed one foot vertically to one and one half feet horizontally. B. Fill slope ratios shall not exceed one foot vertically to two feet horizontally. C. The composition of soil for fill and the characteristics of lots and parcels made usable by fill shall be suitable for the purpose intended. D. When filling or grading is contemplated by the subdivider, he shall submit plans showing existing and finished grades for the approval of the Community Development Director. In reviewing these plans, the Community Development Director shall consider the need for drainage and effect of filling on adjacent property. Grading shall be finished in such a manner as not to create steep banks 247-22-000182-TP Page 34 of 55 or unsightly areas to adjacent property. FINDING: The applicant provides the following findings Grading will be required on the lots and road areas to accommodate construction and road building. At the time of construction, the developer will address the standards above and provide any required plans to the county. To ensure compliance, staff includes conditions of approval. Grading of Building Sites. At all times, grading of building sites shall conform to the following standards, unless physical conditions demonstrate the property of other standards: A. Cut slope ratios shall not exceed one foot vertically to one and one half feet horizontally. B. Fill slope ratios shall not exceed one foot vertically to two feet horizontally. C. The composition of soil for fill and the characteristics of lots and parcels made usable by fill shall be suitable for the purpose intended. Grading Plans. When filling or grading is contemplated by the subdivider, prior to final plat approval, the owner shall submit plans showing existing and finished grades for the approval of the Community Development Director. In reviewing these plans, the Community Development Director shall consider the need for drainage and effect of filling on adjacent property. Grading shall be finished in such a manner as not to create steep banks or unsightly areas to adjacent property. Section 17.36.250. Lighting. Within an urban growth boundary, the subdivider shall provide underground wiring to the County standards, and a base for any proposed ornamental street lights at locations approved by the affected utility company. FINDING: The subject property is not within an urban growth boundary. This criterion does not apply. Section 17.36.260. Fire Hazards. Whenever possible, a minimum of two points of access to the subdivision or partition shall be provided to provide assured access for emergency vehicles and ease resident evacuation. FINDING: The applicant provides the following findings, The subdivision will have two points of ingress and egress, both connecting to Elk Run Drive. From Elk Run Drive, egress is provided to the south at Vandevert Road, then to the northwest through the existing portions of the resort via Trailmere Circle. Staff agrees and finds this criterion will be met. 247-22-000182-TP Page 35 of 55 Section 17.36.270. Street Tree Planting. Street tree planting plans, if proposed, for a subdivision or partition, shall be submitted to the Planning Director and receive his approval before the planting is begun. FINDING: The TP does not include any street trees. This criterion does not apply. Section 17.36.280. Water and Sewer Lines. Where required by the applicable zoning ordinance, water and sewer lines shall be constructed to County and city standards and specifications. Required water mains and service lines shall be installed prior to the curbing and paving of new streets in all new subdivisions or partitions. FINDING: The applicant provides the following findings. The subdivision will be served by sewer and water lines. All mains will be constructed to applicable standards, including those of Sunriver Environmental and Sunriver Water. Lines will be constructed at the time of street construction and prior to paving and any curbing. Staff finds this criterion will be met. Section 17.36.290. Individual Wells. in any subdivision or partition where individual wells are proposed, the applicant shall provide documentation of the depth and quantity of potable water available from a minimum of two wells within one mile of the proposed land division. Notwithstanding DCC 17.36.300, individual wells for subdivisions are allowed when parcels are larger than 10 acres. FINDING: The TP does not include any individual wells. This criterion does not apply. Section 17.36.300. Public Water System. in any subdivision or partition where a public water system is required or proposed, plans for the water system shall be submitted and approved by the appropriate state or federal agency. A community water system shall be required where lot or parcel sizes are less then one acre or where potable water sources are at depths greater than 500 feet, excepting land partitions. Except as provided for in DCC 17.24.120 and 17.24.130, a required water system shall be constructed and operational, with lines extended to the lot line of each and every lot depicted in the proposed subdivision or partition plat, prior to final approval. FINDING: The TP does not include a public water system. This criterion does not apply. 247-22-000182-TP Page 36 of 55 Chapter 17.44, Park Development Section 17.44.010. Dedication of Land. A. For subdivisions or partitions inside an urban growth boundary, the developer shall set aside and dedicate to the public for park and recreation purposes not less than eight percent of the gross area of such development, if the land is suitable and adaptable for such purposes and is generally located in an area planned for parks. B. For subdivisions or partitions outside of an urban growth boundary, the developer shall set aside a minimum area of the development equal to $350 per dwelling unit within the development, if the land is suitable and adaptable for such purposes and is generally located in an area planned for parks. C. For either DCC 17.44.010 (A) or (B), the developer shall either dedicate the land set aside to the public or develop and provide maintenance for the land set aside as a private park open to the public. D. The Planning Director or Hearings Body shall determine whether or not such land is suitable for park purposes. E. If the developer dedicates the land set aside in accordance with DCC 17.44.010 (A) or (B), any approval by the Planning Director or Hearings Body shall be subject to the condition that the County or appropriate park district accept the deed dedicating such land. F. DCC 17.44.010 shall not apply to the subdivision or partition of lands located within the boundaries of a parks district with a permanent tax rate. FINDING: The applicant provides the following findings. As with the Phase A plats, the application will pay the fee in lieu charge of $350 per dwelling unit. Because the annexation property is outside of an urban growth boundary, staff finds subsection (B) applies and requires the developer to set aside land equal to $350 per dwelling unit. Section 17.44.020. Fee in Lieu of Dedication. A. In the event there is no suitable park or recreation area or site in the proposed subdivision or partition, or adjacent thereto, then the developer shall, in lieu of setting aside land, pay into a park acquisition and development fund a sum of money equal to the fair market value of the land that would have been donated under DCC 17.44.010 above. For the purpose of determining the fair market value, the latest value of the land, unplatted and without improvements, as shown on the County Assessor's tax roll shall be used. The sum so contributed shall be deposited with the County Treasurer and be used for acquisition of suitable area for park and recreation purposes or for the development of recreation facilities. Such expenditures shall be made for neighborhood or community facilities at the discretion of the Board and/or applicable park district. 247-22-000182-TP Page 37 of 55 B. DCC 17.44.020 shall not apply to subdivision or partition of lands located within the boundaries of a parks district with a permanent tax rate. FINDING: Staff includes a condition of approval requiring payment of the park fee prior to final plat approval. The total park fee for the proposed 16-lot (32-unit) OLU subdivision is $11,200 ($350 x 32). Park Fee. Prior to final plat approval, the owner shall pay the $11,200 park fee. Section 17 44 030. Annexation Agreement. No partition or subdivision of land lying within the Bend Urban Growth Boundary, including the urban reserve areas, but outside the boundaries of the Bend Metro Park and Recreation District, shall be approved unless the landowner has signed an annexation agreement with the Bend Metro park and Recreation District. FINDING: The subject property is not located within one of the identified areas. These criteria do not apply. Chapter 17.48, Design and Construction Specifications Section 17 48 100 Minimum Right of Way Width. The minimum right of way width is 60 feet unless specified otherwise in Table A (or in any right of way specifications set forth for a particular zone in a zoning ordinance). (See Table A set out at the end of DCC Title 17.) FINDING: The applicant provides the following findings. As part of the CMP and FMP approvals, the county road department approved the widths of the private street tracts, and specifically approved narrow pavement widths in certain instances. That said, as shown on the plat, the 60-foot minimum right of way is met for all streets within the platted area. Staff agrees and finds the 60-foot minimum right-of-way width requirement will be met. Section 17.48.110. Turn Lanes. When a turn lane is required, it shall be a minimum of 14 feet in width, except where road specifications in a zoning ordinance provide for travel lanes of lesser width. Additional right of way may be required. FINDING: No turn lanes are proposed or required. This criterion does not apply. Section 17.48.120. Partial Width Roads. 247-22-000182-TP Page 38 of 55 Partial width roads or half streets shall not be allowed. FINDING: No partial width roads or half streets are proposed. This criterion will be met. Section 17.48.130. Road Names. All roads shall be named in conformance with the provisions of the Deschutes County uniform road naming system set forth in DCC Title 16. FINDING: As noted previously, staff includes a condition of approval to ensure all road names are approved by the County Property Address Coordinator, pursuant to Title 16. Section 17.48.140. Bikeways. A. General Design Criteria. 1. Bikeways shall be designed in accordance with the current standards and guidelines of the Oregon (ODOT) Bicycle and Pedestrian Plan, the American Association of State Highway Transportation Officials (AASHTO) Guide for Development of New Bicycle Facilities, and the Deschutes County Bicycle Master Plan. See DCC 17.48 Table B. 2. All collectors and arterials shown on the County Transportation Plan map shall be constructed to include bikeways as defined by the Deschutes County Bicycle Master Plan. 3. If interim road standards are used, interim bikeways and/or walkways shall be provided. These interim facilities shall be adequate to serve bicyclists and pedestrians until the time of road upgrade. FINDING: No separate bikeways are proposed. These criteria do not apply. B. Multi -use Paths. 1. Multi -use paths shall be used where aesthetic, recreation and safety concerns are primary and a direct route with few intersections can be established. If private roads are constructed to a width of less than 28 feet, multi -use paths shall be provided. 2. Multi -use paths are two way facilities with a standard width of 10 feet, but with a 12 foot width if they are subjected to high use by multiple users. These paths shall meet County multi -use path standards and shall connect with bike facilities on public roads. FINDING: The TP does not include multi -use paths. These criteria do not apply. C. Bike Lanes. Six foot bike lanes shall be used on new construction of curbed arterials and collectors. D. Shoulder Bikeways. 1. Shoulder bikeways shall be used on new construction of uncurbed arterials 247-22-000182-TP Page 39 of 55 and collectors. 2. Shoulder bikeways shall be at least four feet wide. Where the travel lane on an existing arterial or collector is not greater than eleven feet, the bikeway shall be a minimum of four feet wide. FINDING: No new collectors or arterials are proposed. These criteria do not apply. E. Mountain Bike Trails. 1. Mountain bike (dirt or other unpaved surface) trails may be used as recreational or interim transportation facilities. 2. Trails used for transportation shall have a two foot minimum tread width and a six foot minimum clearing width centered over the trail, and a minimum overhead clearance of seven feet. Trails used solely for recreational use may be narrower with less clearing of vegetation. FINDING: The TP does not include mountain bike trails. These criteria do not apply. Section 17.48.150. Structures. All structures that carry a road or cross over a road shall be designed to have a 50 year life span. All designs must be approved by the Road Department Director and other affected public or private agencies. FINDING: The TP does not propose any structures to carry a road or cross over a road. This criterion does not apply. Section 17.48.160. Road Development Requirements Standards, FINDING: The applicant provides the following findings for all of the criteria under DCC 17.48.160. As approved in the CMP and FMP, all roads within the resort are private and will be dedicated as common area under the applicable CC&Rs for the resort. As part of the CMP and FMP approvals, no improvements to Vandevert Road were identified and are therefore not required as a part of this application. Also as part of the CMP and FMP, the county approved the road widths for the access road connecting to Vandevert Road. The subdivision will have two access points: one extending from Trailmere Circle in the existing resort, and a new access point connecting to Vandevert Road. These roads will be constructed at the time of infrastructure development for the subdivision. No cul-de-sacs are proposed nor are any frontage roads. Staff addresses each subsection separately, below. A. Subdivision Standards. All roads in new subdivisions shall either be constructed to a standard acceptable for inclusion in the County maintained system or the subdivision shall be part of a special road district or a homeowners association in a 247-22-000182-TP Page 40 of 55 planned unit development. FINDING: All proposed private roads will be subject to maintenance pursuant to the homeowners association and CC&Rs. This criterion will be met. B. Improvements of Public Rights of Way. 1. The developer of a subdivision or partition will be required to improve all public ways that are adjacent or within the land development. 2. All improvements within public rights of way shall conform to the improvement standards designated in DCC Title 17 for the applicable road classification, except where a zoning ordinance sets forth different standards for a particular zone FINDING: No public rights -of -way are proposed or required. As noted in this decision, all proposed roads will be private. These criteria do not apply. C. Primary Access Roads. 1. The primary access road for any new subdivision shall be improved to the applicable standard set forth in Table A. 2. The applicable standard shall be determined with reference to the road's classification under the relevant transportation plan. 3. For the purposes of DCC 17.48.160 a primary access road is a road leading to the subdivision from an existing paved county, city or state maintained road that provides the primary access to the subdivision from such a road. FINDING: Per the TP, Elk Run Drive, Lava Springs Loop, and Trailwood Loop will be constructed within a 60-foot right-of-way, complying with Table A. Proposed streets will be constructed with a 20-foot paved width. For these reasons, staff finds Elk Run Drive, Lava Springs Loop, and Trailwood Loop will comply with the requirements of Title 17 and Table A. D. Secondary Access Roads. When deemed necessary by the County Road Department or Community Development Department, a secondary access road shall be constructed to the subdivision. Construction shall be to the same standard used for roads within the subdivision. FINDING: The TP includes two points of access; one extending from Trailmere Circle in the existing resort, and the extension of Elk Run Drive which connects to Vandevert Road. For these reasons, staff finds a secondary access road in not required. Further, the Road Department did not request a secondary access road. This criterion does not apply. E. Stubbed Roads. Any proposed road that terminates at a development boundary shall be constructed with a paved cul-de-sac bulb. FINDING: The TP does not include roadways which terminate at a development boundary. As proposed, the northern end of Elk Run Drive will terminate in a hammerhead turnaround. Lava 247-22-000182-TP Page 41 of 55 Springs Loop and Trailwood Loop will also terminate in a dead-end, but the applicant proposes a temporary looped gravel turnaround until such time the streets are extended. Staff finds the proposed turnarounds are adequate if the applicant secures approval from the La Pine Fire Department of the turnaround design. As noted above, staff includes a condition of approval requiring the applicant to secure approval of the turnaround designs from La Pine Fire. F. Cul-de-sacs. 1. Cul-de-sacs shall have a length of less than 600 feet, unless a longer length is approved by the applicable fire protection district, and more than 100 feet from the center of the bulb to the intersection with the main road. 2. The maximum grade on the bulb shall be four percent. FINDING: No cul-de-sacs are proposed. G. Frontage Roads. Right of way widths shall be 40 feet when immediately adjacent to a main highway/arterial; 60 feet when the frontage road is separated from the highway or arterial by private land or as set forth for a particular zone in the zoning ordinance. FINDING: No frontage road is proposed or required. This criterion does not apply. Section 17.48.170. Road Development Requirements Partitions. Roadway improvements within a partition and to a road maintained by a public agency shall be constructed prior to final approval of the partition, depending on the maximum parcel size as follows: A. For a parcel size of 10 acres or larger, the minimum road improvement standard shall be 20 feet wide with five inches of aggregate surfacing (cinders are acceptable), the centerline of which coincides with the centerline of the right of way, B. For a parcel size of less than 10 acres, the road standards used shall be the same as for a subdivision. FINDING: The applicant does not propose a partition. These criteria do not apply. Section 17.48.175. Road Development Requirements - Unincorporated Communities. A. Standards. 1. In the La Pine Urban Unincorporated Community, all roads shall be improved as specified for the applicable classification in Table A of DCC Title 17. 2. In the Terrebonne Rural Community, all improvements to public rights of way shall conform to the road development standards for Terrebonne in Table A of DCC Title 17, except for improvements to roads servicing parcels of 10 acres or greater created by a partition. 3. In the Tumalo Rural Community, all improvements to public rights of way shall conform to the Tumalo road development standards in Table A of DCC 247-22-000182-TP Page 42 of 55 Title 17, except for improvements to roads servicing parcels of 10 acres or greater created by a partition. 4. In the Sunriver Urban Unincorporated Community, all roads shall conform to the road development standards in DCC 17.48.180. S. No curbs or sidewalks are required in the Sunriver UUC or the rural service centers of Alfalfa, Brothers, Hampton, Millican, Whistle Stop, Wickiup junction, Wild Hunt, Deschutes River Woods and Spring River. B. All required road improvements shall be located on the applicant's side of the road, unless the subject property lies on both sides of the road. FINDING: The subject property is not within an unincorporated community. These criteria do not apply. Section 17.48.180. Private Roads. The following minimum road standards shall apply for private roads: A. The minimum paved roadway width shall be 20 feet in planned unit developments and cluster developments with two foot wide gravel shoulders, B. Minimum radius of curvature, 50 feet; C. Maximum grade, 12 percent; D. At least one road name sign will be provided at each intersection for each road; E. A method for continuing road maintenance acceptable to the County, F. Private road systems shall include provisions for bicycle and pedestrian traffic. 1. In cluster and planned developments limited to ten dwelling units, the bicycle and pedestrian traffic can be accommodated within the 20 foot wide road. 2. In other developments, shoulder bikeways shall be a minimum of four feet wide, paved and striped, with no on street parking allowed within the bikeway, and when private roads are developed to a width of less than 28 feet, bike paths constructed to County standards shall be required. FINDING: The applicant provides the following findings. All roadway widths were approved by the county as part of the CMP and FMP process, with the county acknowledging that the 18-foot width was appropriate for the Vandevert Road access point. As shown on the plat, the proposed roads meet the curvature and grade requirements. At time of development and after approval of road names, road name signage will be posted as required. In terms of maintenance, as private roads within common areas, roads will be maintained by the homeowners' association as set forth in the CC&Rs applicable to the subdivision. Separate bike lanes are not proposed because the subdivision will include an extensive network of multi -use paths. Staff agrees and finds criterion D will be met with a condition of approval to ensure compliance. Road Name Sign. At all times, at least one road name sign will be provided at each intersection for each road. 247-22-000182-TP Page 43 of 55 Section 17.48.190. Drainage. A. Minimum Requirements. 1. Drainage facilities shall be designed and constructed to receive and/or transport at least a design storm as defined in the current Central Oregon Stormwater Manual created by Central Oregon Intergovernmental Council and all surface drainage water coming to and/or passing through the development or roadway. 2. The system shall be designed for maximum allowable development. FINDING: The applicant provides the following findings. The drainage for the subdivision and the larger expansion area follows the same parameters for handling stormwater flows as the existing Caldera Springs Phase 1. The objective of the surface drainage system is to carry surface flows across the property in the pattern that they have historically followed, keeping these flows attenuated such that the concentration of flows from newly created impervious areas such that runoff not concentrated or increased. The main focus of this plan is a requirement in the Caldera Springs regulations that require each property owner to provide on their individual sites surface depressions of sufficient quantity and configuration to retain a volume of runoff equal to or exceeding the volume of runoff from the newly created impervious areas resulting from a sudden stormwater event. In addition, each property is required to accept and conduct existing overland flow through their property without diverting that flow onto adjacent properties. As this overland flow continues it eventually reaches one of the Caldera Springs lakes or golf course swales, where further attenuation occurs. The accumulated flow is then discharged from the Caldera Springs property though a flow control structure that discharge flow rates to historical levels, discharging to the S. Century Drive drainage ditch, which then connects by culvert to golf course lake 12 in Crosswater, with any overflow discharging into wetlands. Staff notes the application materials include Caldera Springs Annexation Phase ll Stormwater Report ("Stormwater Report"; dated July 2021) which explains and illustrates how drainage facilities for the annexation property will be designed and constructed to receive and/or transport at least a design storm as defined in the current Central Oregon Stormwater Manual. These criteria will be met. B. Curbed Sections. 1. Storm drains within curbed streets shall be designed per the requirements of the current Central Oregon Stormwater Manual created by the Central Oregon Intergovernmental Council. 2. Catchbasins shall be constructed in accordance with standard as determined by the Road Department Director. FINDING: No curbed streets are proposed. These criteria do not apply. C. Noncurbed Sections. 247-22-000182-TP Page 44 of 55 1. Road culverts shall be concrete or metal with a minimum design life of 50 years. 2. All cross culverts shall be 18 inches in diameter or larger. 3. Culverts shall be placed in natural drainage areas and shall provide positive drainage. FINDING: The Stormwater Report indicates these criteria will be met. Staff includes a condition of approval to ensure compliance. Culverts. The proposed development shall incorporate the following design standards. A. Road culverts shall be concrete or metal with a minimum design life of 50 years. B. All cross culverts shall be 18 inches in diameter or larger. C. Culverts shall be placed in natural drainage areas and shall provide positive drainage. D. Drainage Swales. The Design Engineer is responsible to design a drainage swale adequate to control a design storm as defined in the Central Oregon Stormwater Manual created by Central Oregon Intergovernmental Council. FINDING: Staff includes a condition of approval to ensure compliance. Drainage Swales. Prior to final plat approval, the owner shall submit a statement from an engineer licensed in the state of Oregon indicating all drainage swales are designed to adequately control a design storm as defined in the Central Oregon Stormwater Manual created by Central Oregon Intergovernmental Council. An engineer's stamp on the final plat will also demonstrate compliance. E. Drainage Plans. A complete set of drainage plans including hydraulic and hydrologic calculations shall be incorporated in all road improvement plans. FINDING: Drainage plans will be reviewed by the Road Department as part of their review of road improvement plans. F. Drill Holes. Drill holes are prohibited. FINDING: No drill holes are proposed. This criterion will be met. G. Injection wells (drywells) are prohibited in the public right-of-way. FINDING: No public rights -of -way are proposed. This criterion does not apply. Section 17.48.210. Access. A. Permit Required. Access onto public right of way or change in type of access shall require a permit. Permits are applied for at offices of the Community Development Department. 247-22-000182-TP Page 45 of 55 FINDING: The TP does not include or require access onto a public right-of-way. This criterion does not apply. B. Access Restrictions and Limitations. The creation of access onto arterials and collectors is prohibited unless there is no other possible means of accessing the parcel. In any event, residential access onto arterials and collectors shall not be permitted within 100 feet of an intersection or the maximum distance obtainable on the parcel, whichever is less. FINDING: No access onto arterials or collectors is proposed or required. This criterion does not apply. C. Commercial and Industrial Access. 1. Requirements for commercial and industrial access will be determined by the Road Department Director in accordance with DCC 17.48.090. 2. Safety improvements, including left turn lanes and traffic signals, may be required. FINDING: No commercial or industrial access is proposed. These criteria do not apply. D. Sight Distance. Access shall be denied at locations that do not meet AASHTO sight distance standards. FINDING: No access to public rights -of -way are proposed. OREGON REVISED STATUTES Chapter 92, Subdivisions and Partitions Section 92.090. Approval of subdivision plat names• requisites for approval of a tentative subdivision or partition plan or plat. (1) Subdivision plat names shall be subject to the approval of the county surveyor or, in the case where there is no county surveyor, the county assessor. No tentative subdivision plan or subdivision plat of a subdivision shall be approved which bears a name similar to or pronounced the same as the name of any other subdivision in the same county, unless the land platted is contiguous to and platted by the same party that platted the subdivision bearing that name or unless the party files and records the consent of the party that platted the contiguous subdivision bearing that name. All subdivision plats must continue the lot numbers and, if used, the block numbers of the subdivision plat of the same name last filed. On or after January 1, 1992, any subdivision submitted for final approval shall not use block numbers or letters unless such subdivision is a continued phase of a previously 247-22-000182-TP Page 46 of 55 recorded subdivision, bearing the same name, that has previously used block numbers or letters. FINDING: The applicant provides the following findings. The use of the name "Caldera Springs" is appropriate in this instance given that the subdivision will be a part of the Caldera Springs Destination Resort, which is platted land contiguous to and platted by the same developer/owner. Numbering has been approved by the county and is consistent with the requirements above. Staff finds the use of "Caldera Springs" is appropriate. As noted previously in this decision, staff includes a condition of approval to ensure the County Surveyor approves the subdivision name. (2) No tentative plan for a proposed subdivision and no tentative plan for a proposed partition shall be approved unless: (a) The streets and roads are laid out so as to conform to the plats of subdivisions and partitions already approved for adjoining property as to width, general direction and in all other aspects unless the city or county determines it is in the public interest to modify the street or road pattern. FINDING: As shown on the TP, Elk Run Drive will be extended north from its intersection with Lava Springs Loop. This connection will comply with right-of-way and paving standards for private roads. No changes to the approved street pattern are proposed. This criterion will be met. (b) Streets and roads held for private use are clearly indicated on the tentative plan and all reservations or restrictions relating to such private roads and streets are set forth thereon. FINDING: The TP indicates all streets will be private. All reservations or restrictions associated with these private roads are detailed in the associated CC&Rs. (c) The tentative plan complies with the applicable zoning ordinances and regulations and the ordinances and regulations adopted under ORS 92.044 that are then in effect for the city or county within which the land described in the plan is situated. FINDING: This decision identifies applicable zoning ordinances and evaluates compliance with those ordinances. Staff finds the tentative plan, as conditioned, complies with the applicable DCC zoning ordinances and regulations, as well as and the ordinances and regulations adopted under ORS 92.044. (3) No plat of a proposed subdivision or partition shall be approved unless: (a) Streets and roads for public use are dedicated without any reservation or restriction other than reversionary rights upon vacation of any such street or road and easements for public or private utilities. 247-22-000182-TP Page 47 of 55 (b) Streets and roads held for private use and indicated on the tentative plan of such subdivision or partition have been approved by the city or county. (c) The subdivision or partition plat complies with any applicable zoning ordinances and regulations and any ordinance or regulation adopted under ORS 92.044 that are then in effect for the city or county within which the land described in the subdivision or partition plat is situated. (d) The subdivision or partition plat is in substantial conformity with the provisions of the tentative plan for the subdivision or partition, as approved. (e) The subdivision or partition plat contains a donation to the public of all sewage disposal and water supply systems, the donation of which was made a condition of the approval of the tentative plan for the subdivision or partition plat. (f) Explanations for all common improvements required as conditions of approval of the tentative plan of the subdivision or partition have been recorded and referenced on the subdivision or partition plat. FINDING: The subdivision includes Elk Run Drive, Lava Springs Loop, and Trailwood Loop, new or extended private streets. Therefore, staff finds subsection (a) does not apply. Proposed streets are approved by the subject land use approval, complying with subsection (b). Compliance with subsection (c), which requires compliance with the zoning ordinance and regulations, is addressed in this decision and will be reviewed when the final plat is submitted. Subsection (d) establishes a requirement for final plat review which staff includes as a condition of approval to comply with this statutory section. Final Plat Conformity. The subdivision plat shall substantially conform to the provisions of the tentative plan for the subdivision, as approved. No public sewage or water systems are proposed, therefore subsections (e) and (f) do not apply. (4) Subject to any standards and procedures adopted pursuant to ORS 92.044, no plat of a subdivision shall be approved by a city or county unless the city or county has received and accepted. (a) A certification by a city -owned domestic water supply system or by the owner of a privately owned domestic water supply system, subject to regulation by the Public Utility Commission of Oregon, that water will be available to the lot line of each and every lot depicted in the proposed subdivision plat, (b) A bond, irrevocable letter of credit, contract or other assurance by the subdivider to the city or county that a domestic water supply system will be installed by or on behalf of the subdivider to the lot line of each and every lot depicted in the proposed subdivision plat, and the amount of any such bond, irrevocable letter of credit, contract or other assurance by the subdivider shall be determined by a registered professional engineer, subject to any change in such amount as determined necessary by the city or county, or 247-22-000182-TP Page 48 of 55 (c) In lieu of paragraphs (a) and (b) of this subsection, a statement that no domestic water supply facility will be provided to the purchaser of any lot depicted in the proposed subdivision plat, even though a domestic water supply source may exist. A copy of any such statement, signed by the subdivider and indorsed by the city or county, shall be filed by the subdivider with the Real Estate Commissioner and shall be included by the commissioner in any public report made for the subdivision under ORS 92.385. If the making of a public report has been waived or the subdivision is otherwise exempt under the Oregon Subdivision Control Law, the subdivider shall deliver a copy of the statement to each prospective purchaser of a lot in the subdivision at or prior to the signing by the purchaser of the first written agreement for the sale of the lot. The subdivider shall take a signed receipt from the purchaser upon delivery of such a statement, shall immediately send a copy of the receipt to the commissioner and shall keep any such receipt on file in this state, subject to inspection by the commissioner, for a period of three years after the date the receipt is taken. FINDING: The applicant provides the following findings By its terms, this subsection applies to the approval of the final plat, not the preliminary plat. The applicant will address this subsection at the time of final platting. Staff agrees and includes a condition of approval to ensure compliance. Because the FMP was approved with domestic water provided by Sunriver Water, staff finds option (c) is not available to the developer. Domestic Water Supply. Prior to final plat approval, the owner shall submit: A. A certification by a city -owned domestic water supply system or by the owner of a privately owned domestic water supply system, subject to regulation by the Public Utility Commission of Oregon, that water will be available to the lot line of each and every lot depicted in the proposed subdivision plat; or B. A bond, irrevocable letter of credit, contract or other assurance by the subdivider to the city or county that a domestic water supply system will be installed by or on behalf of the subdivider to the lot line of each and every lot depicted in the proposed subdivision plat; and the amount of any such bond, irrevocable letter of credit, contract or other assurance by the subdivider shall be determined by a registered professional engineer, subject to any change in such amount as determined necessary by the city or county. (5) Subject to any standards and procedures adopted pursuant to ORS 92.044, no plat of a subdivision shall be approved by a city or county unless the city or county has received and accepted. (a) A certification by a city -owned sewage disposal system or by the owner of a privately owned sewage disposal system that is subject to regulation by the Public Utility Commission of Oregon that a sewage disposal system will be 247-22-000182-TP Page 49 of 55 available to the lot line of each and every lot depicted in the proposed subdivision plat,• (b) A bond, irrevocable letter of credit, contract or other assurance by the subdivider to the city or county that a sewage disposal system will be installed by or on behalf of the subdivider to the lot line of each and every lot depicted on the proposed subdivision plat, and the amount of such bond, irrevocable letter of credit, contract or other assurance shall be determined by a registered professional engineer, subject to any change in such amount as the city or county considers necessary, or (c) In lieu of paragraphs (a) and (b) of this subsection, a statement that no sewage disposal facility will be provided to the purchaser of any lot depicted in the proposed subdivision plat, where the Department of Environmental Quality has approved the proposed method or an alternative method of sewage disposal for the subdivision in its evaluation report described in ORS 454.755 (1)(b). A copy of any such statement, signed by the subdivider and indorsed by the city or county shall be filed by the subdivider with the Real Estate Commissioner and shall be included by the commissioner in the public report made for the subdivision under ORS 92.385. If the making of a public report has been waived or the subdivision is otherwise exempt under the Oregon Subdivision Control Law, the subdivider shall deliver a copy of the statement to each prospective purchaser of a lot in the subdivision at or prior to the signing by the purchaser of the first written agreement for the sale of the lot. The subdivider shall take a signed receipt from the purchaser upon delivery of such a statement, shall immediately send a copy of the receipt to the commissioner and shall keep anysuch receipt on file in this state, subject to inspection by the commissioner, for a period of three years after the date the receipt is taken. FINDING: The applicant provides the following findings. By its terms, this subsection applies to the approval of the final plat, not the preliminary plat. The applicant will address this subsection at the time of final platting. Staff agrees and includes a condition of approval to ensure compliance. Because the FMP was approved with sewer service provided by Sunriver Environmental, staff finds option (c) is not available to the developer. Sewer Service. Prior to final plat approval, the owner shall submit: A. A certification by a city -owned sewage disposal system or by the owner of a privately owned sewage disposal system that is subject to regulation by the Public Utility Commission of Oregon that a sewage disposal system will be available to the lot line of each and every lot depicted in the proposed subdivision plat; or B. A bond, irrevocable letter of credit, contract or other assurance by the subdivider to the city or county that a sewage disposal system will be installed by or on behalf of the subdivider to the lot line of each and every lot depicted on the proposed subdivision plat; and the amount 247-22-000182-TP Page 50 of 55 of such bond, irrevocable letter of credit, contract or other assurance shall be determined by a registered professional engineer, subject to any change in such amount as the city or county considers necessary. (6) Subject to any standards and procedures adopted pursuant to ORS 92.044, no plat of subdivision or partition located within the boundaries of an irrigation district, drainage district, water control district, water improvement district or district improvement company shall be approved by a city or county unless the city or county has received and accepted a certification from the district or company that the subdivision or partition is either entirely excluded from the district or company or is included within the district or company for purposes of receiving services and subjecting the subdivision or partition to the fees and other charges of the district or company. FINDING: The subject property is not located within the boundaries of an irrigation district. This criterion does not apply. IV. SYSTEM DEVELOPMENT CHARGE Board Resolution 2013-020 sets a transportation system development charge (SDC) rate of $4,757 per p.m. peak hour trip. Recreational homes generate 0.28 p.m. peak hour trips; the applicable SDC would be $1,332 ($4,757 X 0.28) per OLU. If the rooms can be independently rented, then for SDC purposes the $1,257 is per room as each room would function an OLU. If the rooms cannot be independently rented, then the SDC is per structure. The SDCs are not due until development occurs. Once development occurs, the SDC is due prior to issuance of certificate of occupancy; if a certificate of occupancy is not applicable, then the SDC is due within 60 days of the land use decision becoming final. THE PROVIDED SDC AMOUNT IS ONLY VALID UNTIL JUNE 30, 2022. DESCHUTES COUNTY'S SDC RATE IS INDEXED AND RESETS EVERY JULY 1. WHEN PAYING AN SDC, THE ACTUAL AMOUNT DUE IS DETERMINED BY USING THE CURRENT SDC RATE AT THE DATE THE BUILDING PERMIT IS PULLED. V. CONDITIONS OF APPROVAL AT ALL TIMES 1. Application Materials. Approval is based upon the application, site plan, specifications, and supporting documentation submitted by the applicant. Any substantial change in this approved use will require review through a new land use application. 2. Final Plat Phasing. The final plat for each phase shall be filed in accordance with DCC 17.24.020 through 17.24.110. 247-22-000182-TP Page 51 of 55 3. Grading of Building Sites. Grading of building sites shall conform to the following standards, unless physical conditions demonstrate the property of other standards: A. Cut slope ratios shall not exceed one foot vertically to one and one half feet horizontally. B. Fill slope ratios shall not exceed one foot vertically to two feet horizontally. C. The composition of soil for fill and the characteristics of lots and parcels made usable by fill shall be suitable for the purpose intended. 4. Road Name Sign. At all times, at least one road name sign will be provided at each intersection for each road. 5. Culverts. The proposed development shall incorporate the following design standards. A. Road culverts shall be concrete or metal with a minimum design life of 50 years. B. All cross culverts shall be 18 inches in diameter or larger. C. Culverts shall be placed in natural drainage areas and shall provide positive drainage. PRIOR TO, OR CONCURRENT WITH, FINAL PLAT APPROVAL 6. Declaration. Prior to, or concurrent with, the OLU plat recording, the owner shall record the Declaration, as amended and detailed in this decision. 7. Final Plat - OLU and Residential: Prior to the recordation of the final plat of Phase C, the applicant shall submit one of the following to ensure that a minimum of 214 OLUs, or the minimum necessary to meet the 2.3:1 ratio, are provided to demonstrate compliance with this condition of approval: A. Documentation that a minimum of 214 OLUs are constructed; or B. Bonding or other security to ensure that a minimum of 214 OLUs are constructed or otherwise guaranteed. 8. Plat Designation. The plat shall designate all individually -owned units that will be counted as OLUs. 9. Subdivision Name. The owner shall submit correspondence from the County Surveyor approving the subdivision name. County Surveyor signature on the plat shall also demonstrate compliance. 10. Fire Truck Turnaround: Prior to final plat approval, the owner shall submit correspondence from the La Pine Rural Fire Protection District approving a turnaround design at the terminus of Elk Run Drive and Trailwood Loop/Lava Springs Loop. 11. Utility Easements. Easements shall be provided along property lines when necessary for the placement of overhead or underground utilities, and to provide the subdivision or partition with electric power, communication facilities, street lighting, sewer lines, water lines, gas lines or drainage. Such easements shall be labeled "Public Utility Easement" on the tentative and final plat; they shall be at least 12 feet in width and centered on lot lines where possible, 247-22-000182-TP Page 52 of 55 except utility pole guyline easements along the rear of lots or parcels adjacent to unsubdivided land may be reduced to 10 feet in width. 12. Road Improvements. Owner shall complete road improvements according to the approved plans and all applicable sections of DCC 17.48. Improvements shall be constructed under the inspection of a register professional engineer consistentwith ORS 92.097 and DCC 17.40.040. Upon completion of road improvements, owner shall provide a letter from the engineer certifying that the improvements were constructed in accordance with the approved plans and all applicable sections of DCC 17.48. 13. Easements. All easements of record or existing rights of way shall be noted on the final plat pursuant to DCC 17.24.060(E),(F), and (H). 14. Plat Preparation. The surveyor preparing the plat shall, on behalf of owner, submit information showing the location of the existing roads in relationship to the rights of way to Deschutes County Road Department. This information can be submitted on a worksheet and does not necessarily have to be on the final plat. All existing road facilities and new road improvements are to be located within legally established or dedicated rights of way. In no case shall a road improvement be located outside of a dedicated road right of way. If research reveals that inadequate right of way exists or that the existing roadway is outside of the legally established or dedicated right of way, additional right of way will be dedicated as directed by Deschutes County Road Department to meet the applicable requirements of DCC Title 17 or other County road standards. This condition is pursuant to DCC 17.24.060(E),(F), and (G) and 17.24.070(E)(8). 15. As -Constructed Plans. Owner shall submit as -constructed improvement plans to Road Department pursuant to DCC 17.24.070(E)(1). 16. Road Department Plat Approval. Owner shall submit plat to Road Department for approval pursuant to DCC 17.24.060(R)(2), 100, 110, and 140. 17. Street Names. Street names and numbers shall be approved by the County Property Address Coordinator. 18. Grading Plans. When filling or grading is contemplated by the subdivider, the owner shall submit plans showing existing and finished grades for the approval of the Community Development Director. In reviewing these plans, the Community Development Director shall consider the need for drainage and effect of filling on adjacent property. Grading shall be finished in such a manner as not to create steep banks or unsightly areas to adjacent property. 19. Park Fee. Prior to final plat approval, the owner shall pay the $11,200 park fee. 20. Drainage Swales. The owner shall submit a statement from an engineer licensed in the state of Oregon indicating all drainage swales are designed to adequately control a design storm 247-22-000182-TP Page 53 of 55 as defined in the Central Oregon Stormwater Manual created by Central Oregon Intergovernmental Council. The engineer's stamp on the final plat will also demonstrate compliance. 21. Final Plat Conformity. The subdivision plat shall substantially conform to the provisions of the tentative plan for the subdivision, as approved. 22. Domestic Water Supply. The owner shall submit: A. A certification by a city -owned domestic water supply system or by the owner of a privately owned domestic water supply system, subject to regulation by the Public Utility Commission of Oregon, that water will be available to the lot line of each and every lot depicted in the proposed subdivision plat; or B. A bond, irrevocable letter of credit, contract or other assurance by the subdivider to the city or county that a domestic water supply system will be installed by or on behalf of the subdivider to the lot line of each and every lot depicted in the proposed subdivision plat; and the amount of any such bond, irrevocable letter of credit, contract or other assurance by the subdivider shall be determined by a registered professional engineer, subject to any change in such amount as determined necessary by the city or county. 23. Sewer Service. The owner shall submit: A. A certification by a city -owned sewage disposal system or by the owner of a privately owned sewage disposal system that is subject to regulation by the Public Utility Commission of Oregon that a sewage disposal system will be available to the lot line of each and every lot depicted in the proposed subdivision plat; or B. A bond, irrevocable letter of credit, contract or other assurance by the subdivider to the city or county that a sewage disposal system will be installed by or on behalf of the subdivider to the lot line of each and every lot depicted on the proposed subdivision plat; and the amount of such bond, irrevocable letter of credit, contract or other assurance shall be determined by a registered professional engineer, subject to any change in such amount as the city or county considers necessary. 24. Roads and Utilities. The owner shall either physically construct all streets and utilities, or financially assure them. If the owner chooses to financially assure the streets and utilities, the owner shall secure an Improvement Agreement and surety to the satisfaction of the County, prior to final plat. PRIOR TO CONSTRUCTION 25. Road Improvement Plans. Owner shall submit road improvement plans to Road Department for approval prior to commencement of construction pursuant to DCC 17.40.020 and 17.48.060. The roads shall be designed to the minimum standard for a private road pursuant to 17.48.160, 17.48.180, and 17.48A or pursuant to the approved master plan. Road improvement plans shall be prepared in accordance with all applicable sections of DCC 17.48. 247-22-000182-TP Page 54 of 55 PRIOR TO BUILDING PERMIT ISSUANCE 26, Wastewater Treatment Plant Upgrades. Prior to issuance of any building permit for a residential use or an overnight lodging unit beyond 100 EDUs, the Applicant shall submit evidence that Sunriver Environmental has completed the treatment plant upgrades identified in the September 18, 2018 email from DEQ and that DEQ has issued an appropriate WPCF permit, amendment or supplement authorizing the operation of upgraded wastewater treatment facilities serving the expansion area. 27. EDU Tracking. Concurrent with each building permit for an OLU in Phase C, the owner of said lot shall submit a report detailing the total number of EDUs previously applied for (building permits) within the annexation property. Once the applicant has provided proof of the necessary treatment plant upgrades, this condition shall no longer be in effect. 28. The OLU-designated lots along the north/south spine road shall not be permitted to include any type of OLU other than as proposed by the Applicant through the FMP application (e.g. single family homes with an associated ADU). No inn, hotel, motel or other similar use shall be permitted on these lots. 29. The OLUs constructed on the first seven lots on the spine road north of the 4-way intersection shall not exceed 2,500 square feet of total living space on each lot. DESCHUTES COUNTY PLANNING DIVISION ojj�' Kl(�y Written by: Haleigh King, Associate Planner f -Z) � Reviewed by: Will Groves, Planning Manager Attachments: 1. Tentative Plan 247-22-000182-TP Page 55 of 55 . - ~ M3lan ko k�»nQ, pS ____, mo„nlV»31 § | !}\| \\ §r� \k� k\\) EXHIBIT D Bond Instrument Page 19; Deschutes County Document No. 2024-254 101394760;2} BOND NO.: 1001124983 PREMIUM: $23,912.00 SUBDIVISION PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Caldera Springs Real Estate, LLC as Principal and U.S. Specialty Insurance Company , a corporation licensed to transact surety business in the State of Oregon , as Surety, are held and firmly bound unto the Deschutes County, Oregon , as obligee, in the penal sum of One Million Five Hundred Ninety-four Thousand One Hundred Sixteen & 35/100 $1,594,116.35 ), for the payment of which sum well and truly to made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas said Principal, the owner of a tract of land representing a subdivision entitled Caldera Springs Phase C-2 and WHEREAS, the map of said tract on which Principal desires to construct Caldera Springs Phase C-2 Improvements hereinafter referred to as improvements, and petition the obligee to accept the improvements, and WHEREAS, said obligee requires a bond conditioned for the improvements of said tract, and WHEREAS, the Principal proposes at its own cost and expense to improve said tract within the limits of said subdivision. NOW, THEREFORE, if the said Principal shall well and truly cause said improvements, as herein before specified, within the limits of said subdivision to be improved, then this obligation shall cease and be void, otherwise it shall remain in full force and effect, and the Surety on this bond binds itself to said Obligee, to the amount on the herein above stated penal sum, that said improvements shall be completed in accordance with the agreement between Principal and Obligee. IN WITNESS WHEREOF, said Principal has hereunto set its hands and seals, and said Surety has caused these presents to be executed by its officers thereunto authorized this 20th day of March 2024 Caldera Springs Real Estate, LLC, an Oregon limited liabili ompany By: Thomas O'Shea, Authorized Signer (Name & Title) U.S. Specialty Ins ve#ce Company By:��pWong, BrenAttorney-in-Fact TOKIO MARL N E `H C C POWER OF ATTORNEY. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Brenda Wong, Tenzer V. Cunningham, Martha Gonzales or Sohka Evans of Los Angeles, California its true and lawful Attorneys) -in -fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ******Seventy Five Million`***** Dollars { ***75,000 000.00— ). This Power of Attorney shall expire without further action on April 23rd, 2026. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 18111 day of April 2022. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED S,ATEa,SURETy,�COM.PANY U,Ss,,SPECIAL, INSURANCE COMPANY 6u"? yin P � State of California ,= _ 1� o ' h c K. County of Los Angeles o> By, r Daniel P. Aguilar, Vice President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness accuracy, or validity of that document On this 181h day of April 2022, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �''`' SONrA 0. URREIO WITNESS my hand and official seal. j "` NotaryRuenc•Celirania ' Los Angeles County Commission 9 2398710 `'� My Comm. ExpiretAyr 23,1016 Signature — (seal) 1, Kio Lo, Assistant Secretary American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In W ness Whereof. I have h reunto set my hand and affixed the als of said Companies at Los Angeles, California this day of j X ........ Corporate Seals Bond No. Iv�L .� \._ y n; c + s_ n Agency No. 16422 _ g ��y°' L �r 5_ Kio Lo, Assi Secretary—� °.,6oPN�a _.SF ,, a k HCCSMANPOA02/2023 visit tmiicc.c:,rn/surety for more information L�\)I E S COG BOARD OF COMMISSIONERS MEETING DATE: April 1, 2024 SUBJECT: Community Development Department FY 2025 Budget Direction and Options for Fee Increases BACKGROUND AND POLICY IMPLICATIONS: The Community Development Department seeks direction from the Board of County Commissioners as it pertains to its budget proposal for FY 2025. Three options are presented for consideration. BUDGET IMPACTS: None, ATTENDANCE: Peter Gutowsky, CDD Director Sherri Pinner, Senior Management Analyst COMMUNITY DEVELOPMENT [ �iL�i�i[�1:�_1►t1�1►�i1 TO: Deschutes County Board of Commissioners FROM: Peter Gutowsky, AICP, Director Sherri Pinner, Senior Management Analyst DATE: March 27, 2024 SUBJECT: FY 25 / Budget Direction / Options for Fee Increases I. DIRECTION The Community Development Department (CDD) seeks direction from the Board of County Commissioners (Board) as it pertains to its budget proposal for FY 2025. Three options are presented for consideration (Attachment). Each one requires reserve funds throughout the five-year budget projection. While CDD's budget is not vulnerable immediately, it is quite possible in the next five years that the department's reserve funds, especially Fund 300, will not cover revenue deficiencies.' The Board should begin thinking about future service levels it wants CDD to provide for the community, especially if reserve funds diminish significantly. If the expectation is to maintain current levels of service, higher fee increases and/or general fund contributions may be necessary.z II. BACKGROUND AND CURRENT BUDGET TRENDS CDD facilitates orderly growth and development in the Deschutes County community through coordinated programs of Land Use Planning, Onsite Wastewater, Building Safety, Code Enforcement, education, and service to the public. The department is funded primarily through development fees. For the current fiscal year, the department is experiencing permitting volume decreases of 1 % to 30%, with revenue projected to be $2.3M less than anticipated. CDD is maintaining its level of service albeit with layoffs, reduced 1 Fund 300 provides reserves for Administration, Coordinated Services, Planning, Code Enforcement and the Onsite Wastewater Divisions. Funds 301 and 302 provide reserves for Building Safety and Electrical Programs. 2 CDD operates under a departmental reserve fund policy stating reserve funds should maintain a target balance of twelve months operating expenditures with a lower limit of ten months and an upper limit of eighteen months. Fund 300 does not meet the lower limit of ten months operating reserves therefore CDD recommends Fund 300 maintain a minimum balance $1.SM. lobbying hours and fewer staff.' Unlike year's past, permit volumes are no longer compensating for modest fee increases. Going forward, cost of living increases in Central Oregon, inflation, and interest rate hikes may temper higher permit volumes that Deschutes County experienced (excluding the Great Recession) from 2000 to 2021.4 III. BALANCED BUDGET OPTIONS Three options are presented for the Board's consideration (Attachment). For all of them, budgeted expenditures are an estimated $1.4M more than base budget revenues. Option 1 - Fee increases generate $1.08M with reserve funds transferring in $104K. Estimated reserve balances are: o Fund 300, 5.1 months o Fund 301, 23.5 months o Fund 302, 8.8 months The cost of a dwelling permit for a 2,700 and 4,000 square foot home in the rural county increases approximately 13.6%, from $8,996 to $10,220 and $13,986 to $15,882, respectively. On July 1, Fund 300 balance will be an estimated $2.25M. Based on Option 1, the five- year budget forecast projects a need for $889K or 39.5%, leaving a balance at the end of FY 2029 of $1.68M, including interest earned. Option 2 - Fee increases generate $929K with reserve funds transferring in $244K. Estimated reserve balances are: o Fund 300, 4.9 months o Fund 301, 23.5 months o Fund 302, 8 months The cost of a dwelling permit for a 2,700 and 4,000 square foot home in the rural county increases approximately 12%, from $8,996 to $10,076 and $13,986 to $15,658, respectively. On July 1, Fund 300 balance will be an estimated $2.25M. Based on Option 2, the five- year budget forecast projects a need for $1.27M or 56.5%, leaving a balance at the end of FY 2029 of $1.28M, including interest earned. 3 CDD has eliminated fourteen FTE since January 2023. Eight are proposed to be eliminated for FY 2025. 4 Deschutes County is experiencing one of the highest cost of living increases in Oregon, impacting recruiting and retention efforts and reorganization opportunities. -2- Option 3 - Fee increases generate $866K with reserve funds transferring in $308K. Estimated reserve balances are: o Fund 300, 4.7 months o Fund 301, 23.5 months o Fund 302, 8.2 months The cost of a dwelling permit for a 2,700 and 4,000 square foot home in the rural county increases approximately 9.8%, from $8,996 to $9,885 and $13,986 to $15,362, respectively. On July 1, Fund 300 balance will be an estimated $2.25M. 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