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2024-133-Minutes for Meeting April 24,2024 Recorded 6/7/2024oC�vTES COG2 BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 9:00 AM Recorded in Deschutes County CJ2024-1 33 Steve Dennison, County Clerk Commissioners' Journal 06/07/2024 9:41:05 AM �CFSt'nr� III�I��IIII�I��NI�I �1�� I� 2024-133 WEDNESDAY April 24, 2024 Barnes Sawyer Rooms 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/meet'Lrlzs-. CALL TO ORDER: Chair Adair called the meeting to order at 9:00 a.m. PLEDGE OF ALLEGIANCE CITIZEN INPUT: • Carl Shoemaker spoke regarding the need to protect children from physical and emotional abuse, and encouraged people to vote. CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda. 1. Approval of a change order to the Knott Landfill Cell 9 construction project 2. Approval of revision to F-10 Investment Policy 3. Consideration of Board signature on letter appointing Patrick Neely for service as an alternate member on the Deschutes County Solid Waste Advisory Committee BOCC MEETING APRIL 24, 2024 PAGE 1 OF 10 DEBONE: Move approval of the Consent Agenda as presented CHANG: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried Commissioner DeBone acknowledged Administrative Support Specialists Day. On another topic, Commissioner DeBone announced prescribed burns happening today and spoke to their value in reducing wildfire threats. Commissioner Chang added that the Public Health division has information on how to mitigate the effects of smoke. ACTION ITEMS: 4. 2024 Public Safety Campus Plan Lee Randall, Facilities Director, presented the draft 2024 Public Safety Campus Plan, noting that the public safety campus was established nearly 30 years ago. Randall said the plan is the culmination of nearly two years of collaboration and represents an attempt to anticipate future needs while maintaining core services over time. Emily Freed from Pinnacle Architecture said a critical piece of this project entailed the stakeholder groups cooperating to establish a shared vision for the campus. She outlined the process undertaken to develop the plan and the principles used to guide the plan's development. Greg Cook from KMB Architects explained work done to reimagine the access to and within the site, including for pedestrians. He explained that the plan is divided into three parts: a near -term plan (5-10 years) which addresses high - priority near -term needs; a mid-term plan (6-10 years) which identifies needs that are central to the campus as well as others that can be relocated to make room for core uses; and a long-term plan (11-20 years) which seeks to fulfill the goal of a unified campus. Commissioner Adair asked about the proposal to use part of the campus -- specifically the area designated for storage needs of the Oregon State Police (OSP)—for housing certain persons released on parole. Saying that the campus would be an appropriate site for this housing since it is not far from a bus stop BOCC MEETING APRIL 24, 2024 PAGE 2 OF 10 while being located some distance from residences, she said the OSP storage could be moved elsewhere. Randall said both OSP and 9-1-1's radio and communications system were identified as core services which should be sited on the campus. Adding that as growth occurs, the campus is running out of space, he said the service road would need to be extended in order to utilize the undeveloped part of the property. In addition, it is unknown whether development of that tax lot would trigger the requirement of frontage improvements. Commissioner DeBone asked about the storage of vehicles and equipment needed for search and rescue efforts. Randall answered that these things could be located nearby, but off -campus. Gregory Cook stressed that a primary goal of the plan was to simplify the site's motorized traffic. Commissioner Adair asked that the map be revised to reflect the seven cabins being added to Veteran's Village. Discussion ensued regarding a future expansion of the jail and the need to provide natural lighting in that facility byway of skylights or vertical glazing. Responding to Commissioner Chang, DCSO Lt. Mike Gill said a detox center or sobering center is viewed as a Health Services function rather than a public safety function. Commissioner DeBone summarized the potential cost of $20 million over the next five years for the near -term priorities, and $5 million to modify the parcel which has substantial rock outcroppings. Randall said staff will bring a final version of the plan back for consideration of adoption by the Board. 5. Multiple Unit Property Tax Exemption application for Penn Avenue development at 445 NE Penn Avenue, Bend Nick Lelack, County Administrator, reminded that the Board previously approved this application, after which the project was revised to add another 19 units for a new total of 59 units. Allison Platt, Core Area Project Manager for the City of Bend, said six of the added units would be dedicated to renters with middle income levels. The proposed BOCC MEETING APRIL 24, 2024 PAGE 3 OF 10 project includes enhanced stormwater facilities and EV charging infrastructure for half of the parking spaces. Ryan Andrews of Hiatus Homes, the applicant, said the units will be under 450 sf in size. A total of nine parking spaces will be provided; transit is available nearby and all of the units will have bicycle storage. The expected initial monthly rents will vary from a low of $1300/$1400 to a high of $2500/$2600, depending on the amenities of the unit. The development will include community spaces for tenant use. Commissioner Adair questioned if people will want to rent units that don't have parking available and advised of the increasing rental vacancy rate in Bend. Noting that the City of Bend and the Park District have already approved the revised application, and the Board previously approved the original application, Commissioner Chang anticipated that the School District will also support the requested property tax exemption. He saw no reason to not be part of the consensus of approval, saying the project proposes a unique housing opportunity not yet seen in Bend or Deschutes County. Commissioner Chang moved approval of the application from Hiatus Homes for a Multiple Unit Property Tax Exemption related to property at 445 Penn Ave in Bend. There was no second to the motion. Commissioner DeBone said while he can see the vision and appreciate that a great deal of effort has been made, he was hesitant to lead with supporting the project. No action was taken by the Board. 12. Salary, Market and Compensation Survey Project Kathleen Hinman, Human Resources Director, sought direction to define the labor market which will be used for comparables when evaluating compensation for County staff. She presented a memo which provided three options, including surveying counties not previously used as comparables in addition to the City of Bend and select private employers. Consultant Laurie Grenya from HR Answers explained that a geographic adjustment is a standard compensation comparison practice used to render results more relevant. This practice was utilized in 2017 by the County's previous consultant for the salary survey conducted at that time. BOCC MEETING APRIL 24, 2024 PAGE 4 OF 10 Hinman added that geographic adjustments are determined according to an area's cost of living (which involves 20 factors, including the cost of housing) and an area's cost of labor (determined by six factors). In response to Commissioner Chang, Hinman recommended against using Washington and Multnomah Counties as comparables because their populations and budgets are much higher than Deschutes County's and, as a result, some of their operations are very different. She advised using aggregator surveys instead of individual surveys, which are time-consuming and therefore costly. Anna Lee from HR Answers recommended using two aggregator surveys, saying this would make position matches more consistent and is likely to best meet the County's goals of collecting necessary, relevant information. Hinman suggested a fourth option for the Board's consideration, as follows: retain Clackamas, Marion and Lane Counties as comparables; add aggregator surveys using an Oregon -wide geographic adjustment to recognize labor differences; and add the City of Bend as a comparable. CHANG: Move to approve Option 4 as described with the use of the Oregon adjustment model, and confirm replacing Jackson County as a comparable with the City of Bend DEBONE: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 6. Application for two OHA Reproductive Health Services Grants Anne Kilty, Public Health Program Manager, sought authorization to apply for two grants from the Oregon Health Authority to support reproductive health services. The grants are for infrastructure ($50,000—this would be used for vaccines and testing supplies, office equipment, software programs, interpretation services, training, and other direct and indirect expenses) and for modernization ($100,000—this would be used to support approximately 56% of a current 0.8 FTE Nurse Practitioner along with indirect expenses). DEBONE: CHANG: Move to authorize the application for Oregon Health Authority Reproductive Health Services Infrastructure and Modernization Grants Second BOCC MEETING APRIL 24, 2024 PAGE 5 OF 10 VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 7. OHA grant amendment #180009-8 and Resolution No. 2024-013 Jessica Jacks, Public Health Program Manager, reported the receipt of unexpected funding from OHA for suicide prevention, intervention and postvention services, and for mental health education and training. The additional funding for both programs totals $64,840. CHANG: Move approval of Document No. 2024-351, amending an agreement with the Oregon Health Authority accepting grant funding DEBONE: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried CHANG: Move approval of Resolution No. 2024-013 increasing appropriations within the 2023-24 Deschutes County budget DEBONE: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 8. First Reading of Ordinance 2023-016 adopting the Tumalo Community Plan Update 2020-2040 Tarik Rawlings, Senior Transportation Planner, presented Ordinance No. 2023- 016 for consideration of first reading. This ordinance adopts the Tumalo Community Plan Update for 2020-2040, replacing the previous 2010-2030 plan. DEBONE: Move approval of first reading of Ordinance No. 2023-016, adopting the Tumalo Community Plan Update for 2020-2040 by title only CHANG: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried Chair Adair read the title of the ordinance into the record. BOCC MEETING APRIL 24, 2024 PAGE 6 OF 10 9. Consideration to hear an appeal of the Hearings Officer's Decision concerning three non -farm dwellings on properties in the EFU zone Haleigh King, Associate Planner, said a public hearing was held on February 6th before a Hearings Officer concerning an application to allow three non -farm dwellings on properties in the EFU zone. On March 22nd, the Hearings Officer issued a decision approving the application; Central Oregon LandWatch subsequently submitted a timely appeal of that decision. King shared background on this issue, saying the applicant was required to demonstrate compliance with conditional use criteria for non -farm dwellings and also with wildlife area siting standards. Relaying the key issues contained in the appeal, King said staff and County legal counsel recommend that the Board decline to hear the appeal for the following reasons: o The Hearings Officer decision could be supported as -is on appeal to the Land Use Board of Appeals; o The Hearings Officer addressed the issues raised by the appellant; o The applicant and appellant were both represented by legal counsel and had ample opportunity to submit desired evidence to the Hearings Officer; and o The issues raised on appeal are primarily related to provisions in State statute, and the Board is unlikely to broadly_ receive deference if the application is further appealed to the Land Use Board of Appeals. Commissioner Chang asked about the possible cumulative impact of non -farm dwellings, noting some have already been approved. He specifically asked to know the ultimate potential of non -farm dwelling buildout in this area. King said this is difficult to determine because the fact of adverse soil quality is a site -specific condition. Referring to page 28 of the Hearings Officer decision which addresses potential non -farm dwellings and potential non -farm parcels, she said between 14-15 non -farm parcels could be created within a one -mile study area, depending on certain factors including soil conditions. Will Groves, Planning Manager, said the staff report concluded that up to 30 to 31 new non -farm dwellings may theoretically be possible under a maximum development potential, depending on site -specific constraints. DEBONE: Move approval of Order No. 2024-013 denying review of Hearings Officer's decision in File Nos 247-23-000293-CU, 294-CU, 295-CU, 737-SMA, 738-SMA and 739-SMA CHANG: Second BOCC MEETING APRIL 24, 2024 PAGE 7 OF 10 VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes no. Motion Carried 2 - 1 10. General Administrative Policy No. GA-23A -Removal of Unauthorized Encampments Located on Vacant County -owned Property Kim Riley, Assistant Legal Counsel, summarized previous Board discussion of this policy and said now that the associated section of Deschutes County Code has taken effect, Legal recommends the policy be approved. Commissioner Chang asked if approving this policy before the establishment of any site where people can relocate to if removed from an unauthorized encampment could pose a legal challenge or increase the County's legal risk. Riley answered that the State requires the County to have a policy in effect before removing encampments by enforcing Deschutes County Code section 11.04. Since Deschutes County Code section 11.04 is already in effect, the liability surrounding whether this policy is adopted does not increase. She confirmed that this policy will not be utilized until an alternate location is identified. Commenting on the negative impacts of unsanctioned encampments, Commissioner DeBone said the alternative is to offer resources for people in need. Commissioner Chang was concerned that the County has not made more progress to establish alternate locations for people to relocate to. He indicated he will support this policy in the hope that it will prompt the County to do that necessary work. DEBONE: Move approval of County Administrator signature of General Administrative Policy No. GA-23A: Removal of Unauthorized Encampments Located on Vacant County -owned Property CHANG: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 11. Cannabis Advisory Panel Marijuana Tax Revenue Allocations BOCC MEETING APRIL 24, 2024 PAGE 8 OF 10 Jen Patterson, Strategic Initiatives Manager, reported the recommendations from the Cannabis Advisory Panel for allocating anticipated marijuana tax revenues of $185,811 in FY 2024-25, as follows: 1. $20,000 - Community Development for Code Enforcement work related to complaints involving marijuana regulations 2. $60,000 - Health Services to continue paid media advertising focused on supporting parents and guardians in the County to talk with their kids about marijuana and other drugs 3. $100,000 - Sheriff's Office to continue to support funding for a marijuana detective 4. $5,811 - Community Justice (use not specified; potential uses outlined in the staff memo) DEBONE: Move to accept the recommendations of the Cannabis Advisory Panel for expending marijuana tax revenue as presented CHANG: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried OTHER ITEMS: • Commissioner DeBone wished a happy birthday to his father. • Commissioner Adair wished a happy birthday to Canyon Keith. • A majority of the Board indicated plans to attend a local leaders meeting on Sunday hosted by U.S. Senator Jeff Merkley in advance of a town hall at COCC in Bend. EXECUTIVE SESSION: None ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 11:13 am. DATED this �- day of A 2024 for the Deschutes County Board of Commissioners. l Ccrk*za'� r�cu PATTI ADAIR, CHAIR BOCC MEETING APRIL 24, 2024 PAGE 9 OF 10 ATTEST: 9au3��t 1 RECORDING SECRETARY ANTHONY DEBONE, VICE CHAIR PHIL CHANG, COMMISSIONER BOCC MEETING APRIL 24, 2024 PAGE 10 OF 10 ATTEST: RECORDING SECRETARY ANTHONY DEBONE, VICE CHAIR pV PHIL CHANG, COMMISSIONER BOCC MEETING APRIL 24, 2024 PAGE 10 OF 10 �v1Es co o`i G�� BOAR® OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, APRIL 24, 2024 Barnes Sawyer Rooms - Deschutes Services Building - 1300 NW Wall Street - Bend (541) 388-6570 1 www.deschutes.org AGENDA MEETING FORMAT: In accordance with Oregon state law, this meeting is open to the public and can be accessed and attended in person or remotely, with the exception of any executive session. Members of the public may view the meeting in real time via YouTube using this link: http://bit.ly/3mminzy. To 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: http://bit.ly/3h3ogdD. • To join by phone, call 253-215-8782 and enter webinar ID # 899 4635 9970 followed by the passcode 013510. • If joining by a browser, use the raise hand icon to indicate you would like to provide public comment, if and when allowed. If using a phone, press *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. •M If you need accommodations to make participation possible, call (541) 388-6572 or email brenda.fritsvold@deschutes.org. Time estimates: The times listed on agenda items are estimates only. Generally, items will be heard in sequential order and items, including public hearings, may be heard before or after their listed times. CALL TO ORDER PLEDGE OF ALLEGIANCE CITIZEN INPUT: Citizen Input may be provided as comment on any topic that is not on the agenda. Note: In addition to the option of providing in -person comments at the meeting, citizen input comments may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734. CONSENT AGENDA Approval of a change order to the Knott Landfill Cell 9 construction project 2. Approval of revision to F-10 Investment Policy 3. Consideration of Board Signature on letter appointing Patrick Neely for service as an alternate member on the Deschutes County Solid Waste Advisory Committee ACTION ITEMS 4. 9:00 AM 2024 Public Safety Campus Plan 5. 9:45 AM Multiple Unit Property Tax Exemption application for Penn Avenue development at 445 NE Penn Avenue, Bend 6. 9:55AM Application for two OHA Reproductive Health Services Grants 7. 10:05 AM OHA grant amendment #180009-8 and Resolution No. 2024-013 8. 10:10 AM First Reading of Ordinance 2023-016 adopting the Tumalo Community Plan Update 2020-2040 9. 10:15 AM Consideration to hear an appeal of the Hearings Officer's Decision concerning three non -farm dwellings on properties in the EFU zone 10. 10:30 AM General Administrative Policy No. GA-23A - Removal of Unauthorized Encampments Located on Vacant County -owned Property 11. 10:40 AM Cannabis Advisory Committee Budget Recommendations April 24, 2024 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3 OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. EXECUTIVE SESSION At any time during the meeting, on executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations, ORS 192.660(2)(b), personnel issues, or other executive session categories. Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. ADJOURN April 24, 2024 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3 L�\31 ES Co& 2� BOAR® OF COMMISSIONERS MEETING DATE: April 24, 2024 SUBJECT: 2024 Public Safety Campus Plan BACKGROUND AND POLICY IMPLICATIONS: Staff and project consultants will report to the Board on the draft 2024 Public Safety Campus Plan. In 2022, Pinnacle Architecture and KMB architects were contracted by Deschutes County to develop a campus plan that anticipates future growth and establishes a clear vision for the services provided on the campus. The plan seeks to anticipate and meet needs for the near -term (0-5 years), mid-term (5-10 years), and long-term (11-20 years). At the outset of the planning process, a steering committee comprised of senior leadership from six campus stakeholder groups was established along with core stakeholders from each office, department, and agency. Over the last 18 months, the steering committee and stakeholders have participated in an intentional and well-defined planning process that included group programming and planning charrettes as well as individual meetings to identify the key operational components of each group. The team is presenting the vision, goals, and objectives of the 2024 Public Safety Campus Plan for Board review and consideration. The team will return at a future date for final approval of the plan. BUDGET IMPACTS: None at this time. Funding requests for individual projects identified in the plan will be presented to the Board through the typical budget process. 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E a rn 4�1 00 Ot ri {h O m � lD tlt M Of Uf ti N W N .a ryON N N G K d U�u � t Jo u i m o c 0 3 � N H m N C s WX Y JS�Q M ZG? W N Q � � a r N 3 W U 0 N m UU) c a o y o CO) U c c c c c c E E E E E E o `o w w w w w w cS O 50 O O E E'E `_ _ E _ E vai 4 Q Q vat vai Q �i Q S'i vai Ial ICI 1� q r 'I I GI I EI h a a VI C O O O O C O O c O a O O w O O N U U W �^ u u u u u a 6m. u ac w. a Z a Z a Z a Z ao c i'n a �j Z > a Z a ci a Z Z ti o io 4 Y w d m c p H W 3 w N N !%i ✓ai i lFtd w 3: 3: {{ \§ ( \ \ \ ( 76 wu )\{\ \ )\j/\\ �01 E S Co C. G BOAR® OF COMMISSIONERS MEETING DATE: April 24, 2024 SUBJECT: Multiple Unit Property Tax Exemption application for Penn Avenue development at 445 NE Penn Avenue, Bend RECOMMENDED MOTION: Consider the application from Hiatus Homes for a Multiple Unit Property Tax Exemption relating to property at 445 NE Penn Avenue in Bend. BACKGROUND AND POLICY IMPLICATIONS: In August 2022, the Bend City Council adopted a Multiple Unit Property Tax Exemption (MUPTE) program to support development and redevelopment goals in Bend's core and transit -oriented areas. The program is available for multi -story residential projects in certain 1 areas of Bend that provide three or more milts, provide at least thr ee defined public benefits, and that demonstrate that they are not financially viable but for the tax exemption The Penn Avenue project proposes one 3-story micro -unit building with 59 dwelling units outside the Core Tax Increment Finance (TIF) Area. The applicant would be required to deed -restrict 18 of the units to middle income levels (i.e., available to those making 120% Area Median Income or less) for the 10-year exemption period. The other two required public benefits that the applicant is using to qualify for MUPTE include stormwater facilities designed to retain and treat stormwater from more than a 25-year storm event, and at least 50% of parking spaces to be provided with EV charging infrastructure (see staff report for more details). This application is a revised application for a property tax exemption that was previously approved by the Board. The primary differences between the current application in comparison to the initial one are the addition of 19 residential units (six of these additional units would be deed restricted to those making 120% AMI or less) and a 50% reduction of total parking spaces, including one less space to be served with EV charging infrastructure. The applicant has not begun construction and has communicated that it cannot proceed with construction without this tax exemption. For this project to qualify for the tax exemption, it must be approved by the boards which represent at least 51 % of the combined levy of taxing districts. This project was reviewed by the Bend City Council on April 17, 2024 and will be considered by the School Board on May 14, 2024. BUDGET IMPACTS: The City has not provided estimated impacts to Deschutes County and the 911 Service District over the ten years of the tax exemption period, if granted, because the project is not financially possible without the exemption and thus will not be built unless the exemption is approved. The City does note that the project is estimated to receive a total 10-year tax exemption of approximately $1.28 million on residential and parking improvements based on an estimated building value of $15,424,128—see Table 1 in the staff report which projects the amount of property tax that would be collected in year 11 after the exemption expires. ATTENDANCE: Nick Lelack, County Administrator Allison Platt, Core Area Project Manager, City of Bend STAFF REPORT FOR MULTIPLE UNIT PROPERTY TAX EXEMPTION PROJECT NUMBER: PRTX202300065 CITY COUNCIL DATE: April 17, 2024 APPLICANT/ Hiatus Homes OWNER: Jesse Russell 740 NE 31d Street 3-314 Bend, OR 97703 OWNER: Hiatus Capital Fund LLC 20856 SE Sotra Loop Bend, OR 97702 APPLICANT'S REPRESENTATIVE: n/a CITY OF BEND COMMUNITY AND ECONOMIC DEVELOPMENT LOCATION: 445 NE Penn Avenue Bend, OR; Tax Lot 171233BB00200 Between Revere and Olney Avenues and NE 4t" & NE 5t" Street REQUEST: Multiple Unit Property Tax Exemption, 10-year tax abatement on residential improvements STAFF REVIEWER: Allison Platt, Economic Development RECOMMENATION: Approval DATE: February 20, 2024 PROJECT & SITE OVERVIEW: The project site is at 445 NE Penn Ave in the High Density Residential (RH) zone, outside the Core Tax Increment Finance (TIF) Area. This application, submitted in January 2024, is a revision from an initial Multiple Unit Property Tax Exemption (MUPTE) application submitted by the same applicant in February of 2023. The project, subject to this MUPTE application proposes one (1) 3-story micro -unit building with 59 dwelling units. Thirty percent (30%) - 18 units - will be designated middle income housing and rented at levels affordable to those making 120% Area Median Income (AMI) or less. While the applicant will be required to deed - restrict 18 of the units to middle income levels for the 10-year exemption period, the project's proforma indicates a total of 27 units will likely meet middle -income rental levels ($1,998 per month or less). In addition, two of the units will be dedicated as units accessible under Americans with Disabilities Act (ADA) standards. The project emphasizes community interaction and will include: three community spaces, one on each floor; a south -facing deck on the third floor; a community kitchen; and co -working spaces. Nine parking spaces will be provided on site and serve the project's tenant and common area uses. Five of these spaces will be served with Electric Vehicle (EV) charging infrastructure. In addition, the project includes 77 total bicycle parking spaces (18 more than is required by the Bend Development Code) as well as a -bike charging stations. The previous MUPTE application submitted by this applicant was for a micro -unit building that would consist of 40 units utilizing the same public benefits. The primary differences between this application in comparison to the initial application include the following: • Addition of 19 residential units o 6 additional units to be deed restricted to those making 120% AMI or less • 50% reduction of total parking spaces o One less space to be served with EV charging infrastructure The property is currently vacant land with no buildings, so there is no residential or commercial displacement associated with this project. A land use decision was approved by the City for this project in September of 2022 (PLSPR20210456) and a modification of approval (PLMOD20230480) to increase the unit count was approved in November of 2023 to increase the total number of units to 59, as proposed in this revised Multiple Unit Property Tax Exemption (MUPTE) application. Building permits for the project (PRNC202202626) were issued in October of 2023 and a building permit revision was submitted to the City on October 31, 2023, for the proposed revisions to the project that are being considered as part of this MUPTE application. The building permit revisions are still under review by the City. The applicant has not begun construction and has communicated to the City that they can't proceed with construction of this revised site plan without this tax exemption. Proceeding with a building permit revision will allow the applicant some administrative efficiencies in moving this project forward if approved for MUPTE. 445 NE Penn Ave MUPTE Application PRTX202300065 Page 2 of 11 Figure 1. Site Location Figure 2. Project Rendering 445 NE Penn Ave MUPTE Application PRTX202300065 Page 3 of 11 ------------------ALL-�X------------------------- J ,..- Figure 3. Site Plan INFRASTRUCUTURE NEEDED TO SERVE THE SITE The project will be required to upsize an existing 2-inch water main located within Penn Street to an 8-inch water main to serve the site and improve the alley providing access to the development. Infrastructure improvements, currently being reviewed by the City under permit number PRINF202108539, demonstrate that the site will be served with the necessary infrastructure to serve the development. The applicant received a letter from City of Bend Private Engineering Division confirming this as part of their application. 445 NE Penn Ave MUPTE Application PRTX202300065 Page 4 of 11 ELIGIBILITY CRITERIA APPLICATION OF THE CRITERIA: LOCATION/ELIGIBLE ZONE REQUIREMENTS This project is located within the High Density Residential (RH) zone between NE 4t" Street and -- ---NE-5t" Street, which is an eligible zone for the MUPTE Program per BMC 12.35.015D(3). MULTI -STORY REQUIREMENTS Projects on lots greater than 10,000 sf must be three (3) or more stories high to be eligible for the MUPTE Program per BMC 12.35.015(C). The proposed project is on a 20,999 square foot lot and is proposed to be 3 stories and satisfies this requirement. HOTELS, MOTELS, SHORT TERM VACATION RENTALS ON SITE The MUPTE Program requires that projects include a restriction on transient occupancy uses, including use by any person or group of persons entitled to occupy for rent for a period of less than 30 consecutive days (including bed and breakfast inns, hotels, motels, and short-term rentals). Applicant will be required to demonstrate a restriction of uses on the property for the period of the exemption satisfactory to the City before staff certifies the exemption with the County Assessor's office. JUSTIFICATION FOR ELIMINATION OF ANY EXISTING HOUSING AND BUSINESSES ON THE PROJECT SITE The existing site is vacant and therefore there is no anticipated displacement of housing or businesses by the project and therefore no mitigation is proposed. This meets the requirements of the MUPTE Program, PUBLIC BENEFIT REQUIREMENTS MUPTE requires that applicants provide three public benefits as defined in the MUPTE code, including one priority public benefit to qualify for the MUPTE program, per BMC 12.35.025. Priority Public Benefit The applicant plans to provide Middle Income Housing as their Priority Public Benefit. This requires the applicant to record a deed restriction limiting 30% of the units as only available to those making 120% Area Median Income (AMI) or less. Based on 2023 Department of Housing and Urban Development's Income Limits for the Community Development Block Grants (CDBG), 120% AMI in the Bend area is $79,950 for a family of one ($91,400 for a household of 2) and therefore rent must be below $1,998 per month for a studio and $2,142 for a 1 bedroom including all utilities and other costs of renting. The project includes 59 residential units; therefore 18 units are required to be deed restricted to middle income levels. The applicant has met with City of Bend Housing Department staff and will be required to demonstrate compliance with this public benefit in a form satisfactory to the City before staff certifies the exemption with the County Assessor's office. 445 NE Penn Ave MUPTE Application PRTX202300065 Page 5 of 11 Additional Public Benefits In addition to the Priority Public Benefit, the applicant must provide two additional public benefits as defined in the MUPTE code. The applicant plans to provide the following to meet those requirements: 1) Stormwater; and 2) Electric Vehicle (EV) Charging. Stormwater: The stormwater public benefit requires the applicant to develop the site to retain and treat stormwater from more than a 25-year storm water event by qualifying for the City's Stormwater Credit program. Qualification for this program is not a minimum requirement of the Bend Development Code; this must be an enhanced stormwater retention and treatment system. City of Bend Utility Department staff have reviewed the Penn Avenue Micro - Apartments Private Site Improvements Stormwater Design Report prepared by Adam Erlandson, PE provided by the applicant and have confirmed that the project meets the requirements of the stormwater credit program. The planned stormwater facilities will be designed to treat a 100-year stormwater event, exceeding the minimum requirements of this public benefit. Electric Vehicle (EV) Charging: The EV charging public benefit requires the applicant to provide at least 10% more parking spaces with EV charging infrastructure (conduit for future electric vehicle charging stations) than the minimum required. Currently Oregon Building Codes require that multifamily projects provide 40% of provided parking spaces with EV charging infrastructure. Therefore, the applicant is required to provide at least 50% of parking spaces 445 NE Penn Ave MUPTE Application PRTX202300065 Page 6 of 11 with EV infrastructure. The applicant plans to provide 9 onsite parking spaces and therefore five (5) of these spaces must be provided with EV charging infrastructure. The applicant provided a power plan for the site as part of their application that demonstrates the required five (5) spaces that will be served with EV charging infrastructure. ------------------AL.-L-EX-------------------------- SffE m Figure 4. EV Ready Parking Space Locations as indicated on Site Plan (5 EV spaces are designated on Site Plan) 445 NE Penn Ave MUPTE Application PRTX202300065 Page 7 of 11 DEMONSTRATION OF FINANCIAL NEED The applicant submitted a proforma income statement both with and without the tax exemption to demonstrate that the project would not be financially viable but for the property tax exemption. These proforma were reviewed by a City -hired third party independent financial consultant. PNW Economics completed a review of the proformas in February of 2024. A summary of their findings is included as Attachment A. The review confirms that the project, including 18 of 40 units rent -restricted to be affordable to households earning not more than 120% of Area Median Income (AM), is not financially feasible without the MUPTE. Without MUPTE, the Penn Avenue project's Internal Rate of Return (IRR)' begins at negative 3.6% and grows over time to no more than 5%, well below a rule of thumb minimum IRR of 10%2. With MUPTE, the project's financial feasibility is improved beginning at 5.5% IRR with a maximum IRR of 8.5% achieved, which still never reaches the 10% minimum IRR benchmark. The financial review suggested that staff should clarify with the developer the rationale for anticipated rental rates of the non -deed restricted units, and their assumed financing interest rates. The item and the applicant's response are included below: Basis for high rental levels for non -middle -income units The applicant clarified that assumed rents, which were detailed in the proforma, were valued based on specific amenities for each unit (building floor, unit size, deck square footage, orientation within the building and view) as opposed to picking an average price for a generic unit. Staff further evaluated the assumed rental levels and found that rental levels for the 59 units vary between $1,350 to $1,958 with an average price of $1,772 per unit for the 27 units that will be priced under $1999 which is the affordability benchmark for those making 120% Area Median Income or less. The remaining units range between $2,002 and $2,997 with an average price of $2,480 per unit. Units that were estimated to achieve higher rents were on the 2nd and 3rd floors, had larger deck square footage, and included mountain, butte or hill views as opposed to alley, street, or neighborhood views. Square footage between units did not vary significantly; units projected for higher rents were typically between 452-495 square feet and lower priced units between 466 and 476 square feet. If not awarded for the tax exemption, the project with these anticipated rents is not feasible. Only if awarded for the tax exemption, can the applicant commit to deed restricting 18 of the units to remain within middle income levels for the exemption period otherwise rental levels for all units would float with the market. 1 IRR is calculated as the total rate of return for all combined inflows and outflows of equity investment dollars from predevelopment through a hypothetical sale date of the development at its full market value that year. 2 It should be noted that the rule of thumb minimum of 10% for Internal Rate of Return (IRR) measurement is higher than a rule of thumb minimum of 6% for a Return on Investment (ROI) measurement which has been used to evaluate other MUPTE applicants. 445 NE Penn Ave MUPTE Application PRTX202300065 Page 8 of 11 Financing interest rates (the assumed 8% rate was observed to be on the high side) The applicant clarified that when the application was prepared in December, interest rates were at an all-time high and the applicant anticipated 8% interest rates based on a review of multiple Multifamily Commercial Mortgager summary documents. Interest rates have been moving up and down since December, and 8% is conservative in the current environment. The applicant noted that the financial consultant can use their proforma to model the impact of lower interest rates (which staff asked the financial consultant to do as part of a sensitivity analysis). The financial consultant found that it would take an interest rate well below 7% to make a measurable difference to the rate of return. ADDITIONAL PUBLIC FUNDS SUPPORTING THIS PROJECT On October 4, 2023, the Bend City Council awarded $225,000 from the 2023 Middle -Income Pilot Program supported by General Fund dollars to this project. The award was contingent on the applicant agreeing to record a deed restriction to restrict rents of at least 18 units to households making up to 120% area median income (AMI) for 10 years. The applicant has stated they will only record the deed restriction if awarded the MUPTE, so they will not receive the Middle -Income grant funds if they do not receive the MUPTE. Council has allowed the applicant until June 4, 2024, to agree to record a deed restriction to receive the Middle -Income grant funds. ESTIMATED EXEMPTION & FINANCIAL IMPACT This project is estimated to receive a total 10-year tax exemption of approximately $1.28 million on residential and parking improvements based on an estimated building value of $15,424,128. The project is expected to be completed and certified for MUPTE, if approved, beginning in the 2027 tax year. Because the project is not financially possible without the exemption, the project will not be built, and those tax payments will not happen, unless the project receives MUPTE and therefore the exemption does not represent an actual loss of tax revenue to taxing districts. Total tax collection for the 10-year exemption period of the site will be about $46,350 if the project is not constructed and if it is constructed and approved for the tax exemption. Table 1 demonstrates the tax collection that would take place on the site in year 11, after the the exemption period in both a no build and build scenario of the project. The data shows that in Year 11, total tax collection for the site would increase by 4,998% when the exemption expires. The table demonstrates the tax benefits to all districts starting in Year 11 if this project is approved for MUPTE and moves forward. Table 1. Forecasted Tax Collection by Taxing District in Year 11 (2037) Taxing District % of Tax Levy* No Project is Built Proposed Project is Built Bend La Pine School District** 40.5% $1,262 $63,076 City of Bend 21.6% $670 $33,485 Deschutes County (All) 17.9% $558 $27,878 Deschutes County, 7.9% $2461 $12,304 445 NE Penn Ave MUPTE Application PRTX202300065 Page 9 of 11 -- ----- Taxing District -% of Tax Lein* No Project is Built Proposed Project is Built Countywide Law Enforcement , 7.7% $240 $11,992 Countywide Extension 0.1 % $3 $156 911 Service District 2.2% $69 $3,426 Bend Park and Recreation District 9.8% $305 $15,263 Central Oregon Community College 4.3% $134 $6,697 Library District 5.3% $168 $8,410 High Desert Education Service District* 0.6% $19 $934 Total 100% $3,116 $155,744 * These tax collection percentages include division of taxes and local levies. **The Bend/La Pine School District and the High Desert Education Service District are funded though per pupil allocations from the State School Fund which is comprised of many sources, including property tax revenues. The State Legislature sets the per pupil allocations and funds the State School Fund accordingly. Therefore, tax exemptions have an "indirect' impact on the funding for local districts. Tax exemptions throughout the state all have an impact on the State School Fund. TAXING DISTRICT REVIEW PROCESS For the tax exemption to apply to the full taxable amount, approval by taxing district agency boards that comprise at least 51 % of the combined tax levy is required. Since the City and School District tax rates combine equate to 62.1 % of the combined tax levy for the 2023-24 assessment year, if the project is approved by those two districts, the project would be exempt from all taxes on residential and parking improvements. All the Taxing District agencies will be provided a 45-day comment period to review the application materials and this staff report from February 20, 2024, through Council consideration on April 17, 2024. The following district reviews are scheduled for this project: • March 19, 2024: Applicant Presentation to Bend Park and Recreation District Board • April 17, 2024: City Council Review and Decision on Application • April 24, 2024: Applicant Presentation to Deschutes County Board of County Commissioners May 14, 2024: Bend La Pine School District Board Review and Decision on Application Because the applicant will not have 51 % approval before City Council considers the application, the proposed action for City Council will be to approve the exemption for the City's ad valorem taxes only, and for the total tax levy if 51 % approval is reached before the tax exemption is certified to the Deschutes County assessor. CONCLUSION: Based on the application materials submitted by the applicant, and these findings, the proposed project meets all applicable criteria for City Council approval. 445 NE Penn Ave MUPTE Application PRTX202300065 Page 10 of 11 CONDITONS TO BE MET IF APPROVED, IN ADVANCE OF EXEMPTION CERTIFICATION WITH TAX ASSESSOR'S OFFICE: 1. Applicant must record a deed restriction that prohibits the use of hotels, motels, and short-term vacation rentals on the site for the period of the exemption. 2._ _Applicant must record a deed that restricts income levels for 30% of the units at 120% Area Median Income or less for the period of the exemption. 3. Applicant must provide EV charging infrastructure and stormwater facilities as approved for the MUPTE Program in future inspections prior to Certificate of Occupancy. Applicant must record an approved maintenance agreement for stormwater facilities. ATTACHMENTS • Attachment A: Review of Financial Feasibility Penn Avenue Project Hiatus Development, PNW Economics • Attachment B: Application Materials 445 NE Penn Ave MUPTE Application PRTX202300065 Page 11 of 11 HIATUS PENN APARTMENTS PROJECT DESCRIPTION The project is in the Orchard District at 445 NE Penn Ave. and is a high -density, residential - zoned lot with an area of just under half an acre. The project proposes a single building with three total stories containing 59 micro -housing units — a middle -housing building type. 30% of the units, or 18 units, will be deed -restricted as middle -income housing and rented at an approved rental rate to be affordable at 120% of the Area Median Income. Aside from two ADA units, all units consist of an open 1-bedroom concept with a loft bed and built-in desk. The building will provide three community spaces, one on each floor, including a south -facing deck on the third floor. Access to nine on -site parking spaces will be provided from the improved alley. Four of these spaces will have electric vehicle charging capabilities. The building will also offer additional bicycle parking and e-bike charging stations. The property is currently undeveloped land with no buildings, so there is no residential displacement. The Hiatus Penn Apartment project is unique and important to the community of Bend in a few ways. First, the design focuses on providing apartments to small households. Whereas many apartment buildings contain a mix of larger 2-3 bedroom units, Hiatus Penn is focused on creating a building that appeals to individuals living alone or couples. The building contains 57 units that are essentially the same with a bathroom, kitchenette, and living room, and stairs that go up to a sleeping loft. Two of the units do not contain lofts and are designed to meet ADA criteria. Hiatus believes Bend has a lack of residential units designed for individuals who live alone and desire their own space instead of a shared space with other non -related adults. Second, as Hiatus has delivered small homes and cottages to the Bend housing market through our previous projects, we have found that those who live in our homes greatly desire neighborhood and community interaction. In our first development, Hiatus Benham, we utilized Bend's cottage code to build the homes in clusters around community gardens, a firepit, a small pond, walking paths, and a small amphitheater. We found the tenants, although many were living alone, found a lot of value in the development designing these community spaces to facilitate interactions with their neighbors. In the Hiatus Penn building, we sought to capture this again by designing a community kitchen, co -working, decks, and community spaces on each floor. The idea being that someone who lives in the Hiatus Penn Apartments enjoyes their in -unit privacy but won't feel isolated or cut off from their neighbors. Third, the Hiatus Penn is important as it strives to be an attainable -by -design apartment building that aims to meet the need for missing middle housing in Bend. Attainable by design is a concept where housing is designed at a lower cost of construction to achieve rents that at market rate can be afforded by a resident in the community earning an income in the range of 80% to 120% Area Median Income. Currently, the building's operating proforma forecasts offering 27 units at $2,000 a month or less, an amount that meets the criteria of being affordable by someone earning 120% the current AMI. And regardless of what happens in the rental market, if approved for MUPTE, Hiatus will deed restrict 18 units to guarantee they will be offered at the 120% AMI level or below. HIATUS PENN APARTMENTS PROJECT DESCRIPTION The project is in the Orchard District at 445 NE Penn Ave. and is a high -density, residential - zoned lot with an area of just under half an acre. The project proposes a single building with three total stories containing 59 micro -housing units — a middle -housing building type. 30% of the units, or 18 units, will be deed -restricted as middle -income housing and rented at an approved rental rate to be affordable at 120% of the Area Median Income. Aside from two ADA units, all units consist of an open 1-bedroom concept with a loft bed and built-in desk. The building will provide three community spaces, one on each floor, including a south -facing deck on the third floor. Access to nine on -site parking spaces will be provided from the improved alley. Four of these spaces will have electric vehicle charging capabilities. The building will also offer additional bicycle parking and e-bike charging stations. The property is currently undeveloped land with no buildings, so there is no residential displacement. The Hiatus Penn Apartment project is unique and important to the community of Bend in a few ways. First, the design focuses on providing apartments to small households. Whereas many apartment buildings contain a mix of larger 2-3 bedroom units, Hiatus Penn is focused on creating a building that appeals to individuals living alone or couples. The building contains 57 units that are essentially the same with a bathroom, kitchenette, and living room, and stairs that go up to a sleeping loft. Two of the units do not contain lofts and are designed to meet ADA criteria. Hiatus believes Bend has a lack of residential units designed for individuals who live alone and desire their own space instead of a shared space with other non -related adults. Second, as Hiatus has delivered small homes and cottages to the Bend housing market through our previous projects, we have found that those who live in our homes greatly desire neighborhood and community interaction. In our first development, Hiatus Benham, we utilized Bend's cottage code to build the homes in clusters around community gardens, a firepit, a small pond, walking paths, and a small amphitheater. We found the tenants, although many were living alone, found a lot of value in the development designing these community spaces to facilitate interactions with their neighbors. In the Hiatus Penn building, we sought to capture this again by designing a community kitchen, co -working, decks, and community spaces on each floor. The idea being that someone who lives in the Hiatus Penn Apartments enjoyes their in -unit privacy but won't feel isolated or cut off from their neighbors. Third, the Hiatus Penn is important as it strives to be an attainable -by -design apartment building that aims to meet the need for missing middle housing in Bend. Attainable by design is a concept where housing is designed at a lower cost of construction to achieve rents that at market rate can be afforded by a resident in the community earning an income in the range of 80% to 120% Area Median Income. Currently, the building's operating proforma forecasts offering 27 units at $2,000 a month or less, an amount that meets the criteria of being affordable by someone earning 120% the current AMI. And regardless of what happens in the rental market, if approved for MUPTE, Hiatus will deed restrict 18 units to guarantee they will be offered at the 120% AMI level or below. LOCATION 710 NW Wall Street Downtown Bend MAILING ADDRESS PO Box 431 Bend, OR 97709 PHONE (541) 388-5505 Relay Users Dial 7-1-1 FAX (541)385-6676 WEB bendoregon.gov MAYOR Melanie Kebler MAYOR PRO TEM Megan Perkins CITY COUNCILORS Anthony Broadman Barb Campbell Ariel Mendez Megan Norris Mike Riley CITY MANAGER Eric King CITY OF BEND December 22, 2023 Jesse Russell Hiatus Homes 740 NE 3rd St. Suite 3-314 Bend OR 97701 Jesse Russell, This letter's intent will satisfy the application requirements for the City of Bend's Multiple Unit Property Tax Exemption (MUPTE) Program in order to qualify for the Middle -Income Housing Priority Public Benefit. This letter does not certify that a deed restriction has been recorded nor certify that the income qualification needed in order to verify the exemption has been met, if approved. The City of Bend Housing Department discussed this development with you and your team and understands that you plan to construct 59 micro -units at 455 NE Penn Avenue. Housing staff also understands that you plan to deed restrict 18 units that would be as Middle -Income units, available to households earning 120% Area Median Income or less if approved for the MUPTE program. Deed restricting 18 units satisfied the 30% or more of unit requirement to qualify for the MUPTE Program. Housing staff verified that your project proforma, as submitted with your MUPTE application, included rental rates consistent with current estimates of eligible levels for households earning 120% Area Median Income in Deschutes County. Based on the information provided to Housing staff, the project will satisfy the MUPTE Program Middle -Income Housing Priority Public Benefit requirement. Sincerely, ta *a,14 paj-, Racheal Baker Affordable Housing Manger, City of Bend LOCATION 710 NW Wall Street Downtown Bend MAILING ADDRESS PO Box 431 Bend, OR 97709 PHONE (541) 388-5505 Relay Users Dial 7-1-1 FAX (541) 385-6676 WEB bendoregon.gov MAYOR Melanie Kebler MAYOR PRO-TEM Megan Perkins CITY COUNCILORS Anthony Broadman Barb Campbell Ariel Mendez Mike Riley CITY MANAGER Eric King CITY OF BEND January 18, 2023 Allison Platt Business Advocate Economic Development Department 710 NW Wall St. Bend, OR 97702 Allison, A letter from the City of Bend Private Development Engineering Department has been requested from the Hiatus Development Team to complete an application for a Multiple Unit Property Tax Exemption, MUPTE, application. The requirement for MUPTE is to provide information that the proposed development can be served by water and sewer services, Bend Code 12.35.020(f). The Hiatus development group proposed to construct 59 micro -units of housing on tax lot 171233BB00200. A land use decision was issued under PLSPR20210456 and PLMOD20230480 with conditions to upsize the existing_ 2- inch water main located within NE Penn Street to an 8-inch water main and improve the alley to provide access to the development. The infrastructure improvements are permitted under permit number PRINF202108539. These improvements will mitigate the under sized water main and increase access providing the necessary infrastructure to serve the development. Sincerely, Digitally signed by Jill Clough CN=DN; Jill Pl gh@bendoregon.gov, Jill Clough....' ou=c gocy�ocee anoc or Dale: 2624.01.04 12:28:56-08'00' Jill Clough Engineering Associate Private Development Engineering jclough@bendoregon.gov Accommodation Information for People with Disabilities To obtain this information in an alternate format such as Braille, large print, electronic formats, etc. please contact Jill Clough at jclough@bendoregon.gov or [telephone # (541)388-5539; Relay Users Dial 7-1-1. r// PROPOSED BUILDING FF.3601.25 PE3600.25 NBE E ARCHITECTURAL PLANSI - ------ -- - --- -- jym-.G, PENN AVE MICRO UNIT APARTMENTS SURFACING AND SITE IMPROVEMENT PLAN SCALE: 1'= I.- OSITE IMPROVEMENT AND SURFACING CONSTRUCTION NOTES ........ . ilk .. .... . .... - - - - - - - - - --- - -- ----------- 10 ARCHITECTURAL SITE PLAN LEGEND TEN OVER STUDIOAC -------------- KEYNOTES Z W EL N o C c o �> W Q z Z z d v SITE PLAN (D I A1.0 LOCATION 710 NW Wall Street Downtown Bend MAILING ADDRESS PO Box 431 Bend, OR 97709 PHONE (541) 388-5505 Relay Users Dial 7-1-1 FAX (541) 385-6676 WEB bendoregon.gov MAYOR Melanie Kebler MAYOR PRO-TEM Megan Perkins CITY COUNCILORS Anthony Broadman Barb Campbell Mike Riley Ariel Mendez Megan Norris CITY MANAGER Eric King CITY OF BEND December 11, 2023 Ryan Andrews Managing Partner, CFO Hiatus Homes Penn Avenue Micro Apartment Project —445 NE Penn Avenue, Bend Dear Mr. Dear Mr. Andrews: We received your revised Storm Water Utility Service Charge Credit Application on 12/11/2023. After reviewing your credit application, we have determined it to be consistent with the requirements of the Stormwater Credit Program (to manage the 100-year storm event onsite), which satisfies the conditions of the MUPTE Program. Should you have questions about MUPTE program please contact Allison Platt at (541) 322-6394. Sincerely, David Buchanan, Stormwater Program Analyst City of Bend Utility Department Accommodation Information for People with Disabilities To obtain this information in an alternate format such as Braille, large print, electronic formats, etc. please contact David Buchanan at dbuchanana@bendoregon.gov or (541) 693-2176; Relay Users Dial 7-1-1. CITY OF BEND, OREGON MIDDLE -INCOME HOUSING PILOT PROGRAM Application for Funding M Middle -Income dousing Pilot Program Grant Funds 2023 Additional copies are available from: City of Bend Housing Department Kerry Bell Middle Income Housing Coordinator kbell@bendoregon.gov Phone: 541-323-5964 Table of Contents 1. Application Schedule and Deadlines 2. Selection Process 3. Program Overview 3.1 City Objectives 3.2 Eligible Activities 3.3 Ineligible Activities 3.4 Eligible Applicants 3.5 Income Thresholds 3.6 Rent Limits 4. City of Bend Middle -Income Pilot Program Purpose and Objectives 4.1 Program Purpose 4.2 Program Objectives 5. Eligibility and Evaluation Criteria 5.1 Goals and Objectives 5.2 General Criteria 6. Rules and Requirements for Recipients 6.1 Written Agreements 6.2 Record -Keeping and Reporting Requirements 6.3 Other Requirements 7. Required Application Contents 8. Other Information 9. Application Submission Instructions Attachments Form A Table of Contents Form B Project Summary Form Form C Budget Form City of Pend -- Middle-Ineorne 1--iousing Not Prrograryl Page 2 Application for FUnd s - 2023 1. Application Schedule and Deadlines The following schedule applies to the funding application process for the City of Bend's 2023 Middle - Income Housing Pilot Program Grant Funds. May 17, 2023 Council approves the process and authorizes the Pilot Program May 18, 2023 Notice of Program, promotion and outreach for the program June 20, 2023 Stakeholder and Applicant Workshop July 10, 2023 Written funding suggestions accepted July 19, 2023 Report to Council on middle -income housing barriers identified at the Workshop July 28, 2023 Application released September 4, 2023 Application deadline September 13, 2023 Applicant presentations to the Affordable Housing Advisory Committee for deliberation and award recommendations October 4, 2023 Council considers award recommendations City of B(, yid .. Middle —income Housing FliUF'ro€trarn Page 3 Application for FUndb .., 2023 2. Selection Process The following process will be used in the City's review and selection of funding applications for the City's Middle -Income Housing Pilot Program Funds. 1. City staff will review each application to determiner ➢ Whether the application is complete, based on the requirements of this Application for Funds and ➢ Whether the project is eligible for Middle -Income Housing Pilot Program Funds under City of Bend Resolution 3325, In addition, Staff and Committee will review all applications for project feasibility, budget, impact of City Middle -Income Housing Pilot Program Funds on project budget, and total unit cost (to ensure affordability). Detailed information regarding the above requirements is contained in this Application for Funds. 2. Applications will then be reviewed and evaluated by the City of Bend Affordable Housing Advisory Committee. The evaluation criteria that will be used by the Committee in reviewing applications are contained in Section 5. The Advisory Committee will score project applications according to the following formula: ➢ Project proposals will receive up to 5 points for each of the general criteria outlined in Section 5.2. The maximum score any proposal may receive in this section is 20 points. During the application review period, applicants will be invited to deliver a presentation on their project proposal to the Advisory Committee. Applicants will be allowed approximately 5 minutes to present their proposals, followed by a 5 minute question and answer session. City staff will have an opportunity to make a formal recommendation to the Advisory Committee regarding project funding eligibility before the Advisory Committee finalizes its funding recommendations. 3. The Advisory Committee's funding recommendations will be forwarded to the City Council for final approval of the City's Middle Income Housing Pilot Program Funds 2023. 4. The City Council will finalize and approve the City's final funding decisions for the Middle -Income Housing Pilot Program Funds. 5. If action by an applicant receiving funding requires that the proposal be amended, any costs associated with the amendment, including legal notice and public hearing costs, will be the responsibility of the applicant. City of Bend -w Middle—incorne Housing Pilot Pro gran—i Page 4 App ication for Funds - 2023 3. MIDDLE -INCOME HOUSING PILOT Program Overview This section provides general information regarding the Middle -Income Housing Pilot Program and the types of activities that are eligible for funding under City Resolution 3325. For more detailed information on the Middle -Income Housing Pilot Program and eligible activities, please contact the City's Affordable Housing Manager or Middle -Income Housing Coordinator. 3.1 Objectives Funding from this source shall only be spent for middle -income housing projects evaluated pursuant to the priorities established through the City Resolution 3325 and this Application for Funds. 3.2 Eligible Activities All funding from this source must be targeted for housing opportunities for households earning up to 120% of Area Median Income. Basic Eligible Activities Middle -Income Housing Pilot Program Funds can support eligible activities to include a variety of uses such as homeownership activities, rental housing activities and special needs housing. ➢ Acquisition of real property by purchase ➢ Construction, reconstruction, and rehabilitation of housing ➢ Direct homeownership assistance to middle -income households ➢ Construction and permanent financing of both rental and homeownership projects ➢ Infrastructure necessary to provisions of the above items. 3.3 Ineligible Activities In general, activities that are not specifically identified as eligible are considered to be ineligible. The following activities are specifically identified as activities that are not eligible for the Middle -Income Housing Pilot Program Funds. Please contact the City's Affordable Housing Manager or Middle -Income Coordinator for more information on ineligible activities. ➢ Acquisition, construction, or reconstruction of buildings for the general conduct of government ➢ General government expenses ➢ Political activities ➢ Purchase of construction equipment, fire protection equipment, furnishings and personal properties ➢ Operating and maintenance expenses ➢ Income payments 3.4 Eligible Applicants Applications will be accepted from property owners, private sector for -profit developers, certified Community Housing Development Organizations (CHDO's), government housing providers and qualified 501(c)(3) organizations. Any such organizations currently under investigation regarding previously awarded federal, state, or local government funding are ineligible for Middle -Income Housing Pilot Program Funds assistance. (city of F3(bnd Middle -Inc or-ne I ousirig Pilot F'rograrn Page 5 3.5 Income Thresholds for 2023 Initial and new tenants of assisted units must have an annual household income which does not exceed 120% of the Area Median Income (AMI) for the City of Bend (adjusted for family size). No recertification of income eligibility will be necessary for original tenants, and any new tenants will need to be income qualified based on the year of move -in Income Thresholds. The Income Thresholds will be based on the Department of housing and Urban Development's (HUD) annual Community Development Block Grant (CDBG) Income Limits and consistent with HUD's methodology for calculating Area Median Income (AMI) limits. Income 5 6 7 8 Threshold 1 person 2 person 3 person 4 person person person person person Above Area Median $79,950 $91,400 $102,800 $114,250 $123,400 $132,500 $141,650 $150,800 Income 120%(AMI) Area Median Income $66,640 $76,160 $85,680 $95,200 $102,816 $110,432 $118,048 $125,664 100% AMI Moderate Income $53,350 $60,950 $68,550 $76,150 $82,250 $88,350 $94,450 $100,550 80% AMI Lower Income(60% $40,020 $45,720 $51,420 $57,120 $61,740 $66,300 $70,860 $75,420 AMI) 3.6 Maximum Monthly bent Including Utilities By 2023 Area Median Income 1AMI) with a Housing Cost Burden of 30% Maximum monthly rent is calculated from thirty percent of monthly income for households based on HUD's published 2023 CDBG Income Limits above, which are consistent with HUD's methodology for calculating AMI limits. While there are no occupancy limits per bedroom, the household size of 1.5 persons per bedroom is utilized to calculate the AMI rent limit for the number of bedrooms per unit. # of Bedrooms Household Size 60%+ AMI 80%AMI 100% AMI 120% AMI 0 Bedroom/Studio 1 $1,001 $1,333 $1,666 $1,998 1 Bedroom 1.5 $1,072 $1,428 $1,785 $2,142 2 Bedroom 3 $1,286 $1,713 $2,142 $2,570 3 Bedroom 4.5 $1,486 $1,980 $2,475 $2,970 4 Bedroom 6 $1,658 $2,208 $2,760 $3,312 City of Bend Middle ...Income I_. OUSirig Pilot Program P a 6 Application or Fr.Inds> .- 202 4. City of Bend MIDDLE -INCOME HOUSING PILOT PROGRAM Purpose and Objectives The Middle -Income Housing Pilot Program Funds assistance must be consistent with the program purpose outlined in the City Resolution 3325.. 4.1 City of Bend Middle -Income Housing Pilot Program Purpose All activities funded through the City's Middle -Income Housing Pilot Program must be consistent with this purpose: The purpose of the Middle -Income Housing Pilot Program is to provide a process to respond to the middle -income housing needs of the community quickly and efficiently and to provide funding for projects that create or preserve housing units which middle -income households can afford. 4.2 Program Area Objectives Through the Middle -Income Housing Pilot Program outreach and stakeholder input process, the City has identified specific objectives. These objectives are outlined below: Create and Preserve Affordable Middle -Income Rental Housing - produce and preserve rental affordable middle -income housing through creation of new rental units, providing land for development of rental units, rental assistance, and obtaining rental units to keep them affordable. Funding will be directed toward activities that produce and preserve rental middle -income housing. Consideration will be given to activities that accomplish at least one of the following: ➢ Aid in the production/rehabilitation/preservation of rental housing through such strategies as property acquisition for middle -income housing, the opportunity for public/private partnerships to provide mixed use/mixed income housing, or low -interest rehabilitation financing for low - and moderate -income residents. ➢ Limit or not undertake those activities that require permanent displacement or relocation of current occupants from their homes/rental units in order to create additional affordable housing, thus potentially compounding the affordable housing situation. Produce and Preserve Middle -Income Ownership Housing - produce and preserve owner occupied middle -income affordable housing through creation of new homes, development of new homes, homeownership financial assistance, and obtaining homes to keep them affordable. Funding will be directed toward activities that produce and preserve owner -occupied middle -income housing. Consideration will be given to activities that accomplish at least one of the following: ➢ Support homeownership through direct homebuyer assistance, such as down payment assistance, homebuyer counseling, low -interest second mortgages for low- and moderate - income homebuyers and partnerships with builders/developers seeking to provide affordable homeownership. ➢ Limit or not undertake those activities that require permanent displacement or relocation of current occupants from their homes/rental units in order to create additional affordable housing, thus potentially compounding the affordable housing situation. ('.ity of Bend nd — Middle-Incorne Hotsing Pilot I'rE..,grarn I" ag 1 Application or � �MICIS - 2023 Immediate Production — start or have started the process for permitting and project to be through permitting or within a year from funding. Replicability — the main components of the project must be replicable if not by the same entity by others who wish to model a successful middle -income housing project. 5. Eligibility and Evaluation Criteria Eligible projects must establish housing affordability for middle -income households by way of deed restriction or agreement with the City. For the purposes of this program, middle -income affordability is above 60% Area Median Income (AMI) and up to 120% AMI. The evaluation criteria outlined in this section have been developed to be consistent with priorities of the City Resolution 3325. All proposals will be reviewed using these criteria. 5.1 General Criteria Applications that meet eligibility requirements will then be reviewed by AHAC. The Affordable Housing Advisory Committee will rank eligible proposals and award funding for middle -income housing projects. The evaluation criteria will be as follows: Potential Scoring Points 0 — Unsatisfactory Criteria 1 — Some Deficiencies Evident 20 3 — Satisfactory 5 — Exceptional Project Evaluation 0 — Missing orunclear 1 — Limited or minimal explanation • How will the applicant use 3 —Adequate explanation the funding to house middle- 5 —Exceeds our expectations of g income households? housing middle -income households • Demonstrates addressing the community need for middle -income housing. .ity of end Middle-Imorne Housing ping Not ["rograarn Page 8 Funding/Budget 0 — Missing or unclear explanation 1 — Questionable explanation. Funding • The budget narrative details source from the City is 76 /o or more of why the funding budget is total budget project appropriate and cost- 3 — Reflects that budget is appropriate effective. and cost-effective as well as demonstrates financial support from other 5 • Demonstrates financial funding sources. Funding source from the support from other funding City between 26% to 75%. sources. 5 — More than adequately explains. Funding source from the City is 25% of • If the proposal does not total project budget. receive the full amount requested, how will it scale its budget or impact? Middle -Income Compliance 0 — Missing orunclear 1 — Limited or minimal explanation • How will the program 3 — Adequate explanation sustain a long-term impact 5 — Exceeds expectations of housing through a deed restriction, middle -income households land trust, or other 5 mechanism? • How will the program monitor the project for the time proposed to be a sustained middle -income housing benefit? Project Feasibility 0 — Missing orunclear 1 — Limited or minimal explanation • Is the project ready to be 3 — Adequate explanation implemented timely once 5 — Exceeds expectations of housing the funding from the pilot middle -income households 5 program is received? • Does the proposal organization(s) have capacity to complete the proposal? City of lend Mi dle.Im,-. me idw.� inn Not Program pagee 9 Appiication for Funds - 202 6. Rules and Requirements for Recipients Applicants awarded Middle -Income Housing Pilot Program Funds assistance by the City (also referred to as "recipients") will be required to comply with all regulations and record -keeping requirements governing the use of Middle -Income Housing Pilot Program Funds assistance. Applicable regulations and requirements are summarized below. City staff will be available to provide technical assistance in determining which regulations apply to each project and interpreting the relevant regulations. However, recipients will be responsible for satisfying these requirements, documenting how the requirements are being satisfied, and reporting to the City on how these requirements are being satisfied. 6.1 Written agreements Each recipient will be required to enter into a written agreement with the City that requires compliance with (1) all Middle -Income Housing Pilot Program terms applicable to the project, (2) this Application for Funds, (3) the proposal, and (4) any modifications and conditions imposed by the City. This contract must be signed and executed prior to the disbursement of any funds. Every effort will be made by the City to have contracts developed and ready for execution prior to the date that funds are made available. 6.2 Record -Keeping and Reporting Requirements Recipients will be required to maintain accurate records documenting that the targeted populations and/or areas are being served by the project, and to provide quarterly reports to the City demonstrating that this requirement is being satisfied. The following summarizes the types of records that must be maintained to show that the targeted populations/areas are being served. A complete listing of record -keeping requirements is available from City staff and will be included in the agreement between the City and the applicant. The City will provide forms to recipients to assist them in satisfying this requirement. Benefit to Households at 61% to 120% Area Median Income For all projects, recipients will be required to maintain records and documentation including, but not limited to: ➢ Information on the total number of dwelling units in multifamily structures that are occupied by households at 61% to 120% Area Median Income. 6.3 Other Requirements In addition to the record -keeping and reporting requirements outlined above, Middle -Income Housing Pilot Program Funds assisted projects may also be subject to other requirements. The following is a brief summary of additional requirements that may apply to each project. The descriptions are very brief and do not provide all of the information that recipients will need in order to satisfy the requirements. Recipients shall be solely responsible for complying with these and any other applicable requirements, and shall be responsible for obtaining all of the information necessary to satisfy these requirements. Fair Housing and Equal Opportunity: Discrimination on the basis of race, color, national origin, religion, sex, familial status, source of income, age, sexual orientation, and gender identity is prohibited. Employment and Contracting: Grantees may not discriminate in employment. Debarred, suspended, and ineligible contractors and recipients: Middle -Income housing Pilot Program Funds assistance cannot be provided to debarred, suspended, or ineligible contractors, subcontractors or recipients. ,Jty of (,md -- Middle-Irworne HoL!sing Pilot Progr rn €,ag e 0 Apkfioii foi- FL.aridc.> - 2023 Conflict of Interest: Middle -Income Housing Pilot Program Funds recipients must comply with procurement requirements found at 2 CFR 200.317-326 and with any other applicable conflict -of - interest provisions. Acquisition and Relocation: Acquisition, rehabilitation, and/or demolition activities may be covered by the Uniform Relocation Act, Section 104 (d) of the Housing and Community Development Act, and ----Dregon's General Condemnation Procedure Act (Oregon Revised Statutes 35.500 - 35.530) 7. Required Application Contents Applications for funding must contain the following information in the order presented below. Applications are expected to provide the requested information in a clear and concise manner. The City reserves the right to reject any applications that do not contain all of the information outlined below or are otherwise non -responsive to this Application for Funding. If your organization is seeking funding for more than one project, a separate project application I must be submitted for each project. If your organization is submitting more than one project application, please indicate your project funding priorities in each application. 1. Completed Table of Contents (Form A) 2. Completed Project Summary Form (Form B) 3. Project Description Please provide a brief description of the following: ➢ Project background, project objectives, the populations or areas to be served, and how the Middle -Income Housing Pilot Program Funds assistance will be used. ➢ The ways in which your project will have a long-term impact on middle -income housing. Please indicate the time period that the project will remain affordable to middle -income households and how your agency plans to ensure that the project remains affordable to middle -income households for the specified time period. Please show why these funds are needed for the project to succeed. 4. Property and Project Information Please attach a map showing the project's location. If the project will serve a specific area, the boundaries of the area served should be shown. If the project involves a specific site or a physical structure, include details about the site or structure, such as the size of the site, the floor area, the number and size of the residential units, the project amenities, the condition of any existing structures, and any proposed alterations to the site or structures. 5. Work Program Please provide a detailed work program and timeline, including the anticipated start date and completion date for the project, and a list of tasks with estimated start and completion dates for each task. If funded, staff will work with you to set benchmarks for your project. Failure to meet these benchmarks could mean a reduction in funding during current or future years. 6. Project Benefit Please provide a brief description of the following: City of Bend ...- Middle -Income 1--lousing Not €'udagrarn Page 11 Appiieation for C==LInds - 2023 ➢ Estimates of the total number of persons to be served by the project and the number of middle -income households to be served by the project. 7. Organization Information Please provide the following information about your organization: The organization's background, mission, and service history. (Please limit to 1 page) ➢ A brief description of the organization's financial stability as it pertains to the organization's capacity to successfully complete the project, including a brief financial history and primary funding sources. ➢ A list of key personnel that will be assigned to this project and their job titles and qualifications. 8. Financial Information Please also provide the following financial information: ➢ A detailed line -item budget describing the total project cost and operating income and expenses, including consideration of inflationary factors, maintenance costs, potential relocation costs and increased insurance costs associated with the project. ➢ A completed Budget Form (Form C) showing secured and potential sources of funding, including other federal and state grants and loans, monetary donations, in -kind contributions, volunteer labor, and donation of materials and supplies (attach additional sheets if necessary). !Volunteer labor should be included under 'Private Funds'. Attach letters of funding commitment from sources, if available. ➢ A description of the assumptions used to determine the total project cost and the operating budget, including the sources consulted and how costs were determined. ➢ A brief description of your organization's plan for funding the project after the first year, if applicable. ➢ A statement regarding your organization's ability to proceed with the project without your requested Middle -Income Housing Pilot Program Funds assistance, or with a Middle - Income Housing Pilot Program Funds award less than your requested amount. ➢ For construction projects, please provide a detailed pro forma (an electronic sample can be found at https://www.hudexchange.info/resource/2468/home-multifamily-underwriting- template/. 9. Project Feasibility and Readiness Please provide the following information regarding project feasibility and readiness: ➢ A description of the organization's readiness to proceed with the project. For example, if the purchase of property is involved, is the property currently available for purchase? Is staff currently available to work on the project, or is the organization ready to proceed with hiring staff? ➢ A description of any land use processes (such as a zone change or a conditional use permit) the project will require and what steps, if any, have been taken to address these issues. 10. Affirmatively Furthering Fair Housing (AFFH) Please provide the following information regarding affirmatively furthering fair housing: ➢ For housing developments, please provide an Affirmatively Furthering Fair Housing Statement and/or Marketing Policy for your agency. To create an Affirmatively Fair (_ily of Bend _.., Middledr'100�lrrlj(� liOUSing l::Hot Program Page 1; App is ti€ n for FL11-ICIS - , 023 Housing Marketing Plan forms for multifamily housing can be found at https://www.hud.gov/sites/documents/935-2A.PDF and single family housing forms can be found at https://www.hud.ciov/sites/documents/935-2B.PDF. 11. Other information Please attach any other statistical data, applicable experience of the applicant, or other material -- - -- you believe will assist the City in its review of your proposal. 8. Other Information Please review the following points for important information about the City's Middle -Income Housing Pilot Program Funds, including the rights and responsibilities of City of Bend and the recipients with regard to the application and selection process. ➢ The City reserves the following rights with regard to the application and review process: o Applications that do not contain all of the information required by this Application for Funding or are otherwise non -responsive to the Application for Funding may be rejected immediately. o The City reserves the right to fund projects at a level that is less than the amount requested. o The City reserves the right to waive irregularities or deficiencies in a proposal if the City determines that such a waiver is in the best interest of the City. o The City may request an interview with or supplemental written information from an applicant concerning any deficiencies or ambiguities in a proposal. If an applicant fails to provide supplemental information within the time stated in the request, the City may refuse to consider the applicant's proposal. o The City reserves the right to make such investigation if deems appropriate to determine whether an applicant is qualified to provide the services. If an applicant fails to cooperate with an investigation, or if an applicant provides false, misleading, or incomplete information, the City may refuse to consider the applicant's proposal. o In cases of doubt or differences of opinion concerning the interpretation of this Application for Funding, the City reserves the exclusive right to determine and interpret the intent, purpose and meaning of any provision in this Application for Funding, which determination and/or interpretation shall be binding to the applicant. ➢ Applicants are cautioned not to make any assumptions as to the implied meaning or intent of any part of the Application for Funding. Applicants should request clarification if needed. Every request for information or clarification must be submitted in writing to Racheal Baker or Kerry Bell at least 12 days prior to proposal submission deadline. ➢ The provisions of this Application for Funding cannot be modified by oral interpretations or statements. If inquiries or comments by applicants raise issues that require clarification by the City, or the City decides to revise any part of this Application for Funding, addenda will be provided to all persons who receive the RFP. Receipt of an addendum must be acknowledged by signing and returning it with the proposal. ➢ Applicants selected for funding will be required to obtain adequate insurance covering workers' compensation, bodily injury, property damage, or automobile liability, depending on the nature of the project. Selected applicants will also be responsible for obtaining any necessary licenses and for complying with all applicable federal, state and municipal laws, codes and regulations. ➢ Applications selected for funding will become part of the agreement between the City of Bend and the recipients. Each recipient will be required to carry out the specified activity in the manner described in the funding application, and to meet all of the obligations contained therein. Any modifications to the City of B(� -) d - Midi-e...Ineorne { winn Pilot E-'rograr"n Page 1 Application for FUnds - 2023 project or the way in which the activity is carried outwill require prior approval from the City and a modification to the agreement. ➢ Projects must be under way and funds expended toward the completion of the project within one year from the time the funds are made available. The City reserves the right to withdraw the award in the event that an applicant fails to meet this requirement. ➢ In the event of non-compliance with any applicable federal, state or local laws, codes, or regulations, the City's agreement with the recipient may be terminated or suspended in whole or in part. ➢ Any applicant (including any entity that has or had family or business ties or obtains an ownership interest in the project or property) who is in default on any funding agreement or reporting requirements for any loans or grants with the City of Bend, or is not in compliance with any zoning, planning or building division requirements, regardless of site will not be eligible for funding through this program. 9. Proposal Submission Instructions ➢ Email one (1) official proposal to: Kerry Bell Middle -Income Housing Coordinator kbell@bendoregon.gov (541)323-5964 ➢ Every request for information or clarification must be submitted by email to Racheal Baker or Kerry Bell at least 12 days prior to proposal submission deadline. ➢ Proposals must be received via email or at the City Administration Office at City Hall by 5:OOpm on Monday, August 23, 2023. Questions? If you have any questions about the Notice of Application or the application process, please contact Kerry Bell at 541-323-5964 and kbell(c_bendoregon.gov. Gity of Bend — Mick lean. ncornc,) F-Iousing Im kot 1 rograrn Rgg 14 Application for Funds _- 2023 City of Bend Middle -Income Housing Pilot Program Grant Funds Application for Funding TABLE OF CONTENTS Please indicate the page number on which each of the following issues is addressed: 1. Table of Contents N/A 2. Complete Project Summary Form (Form B) Page 3. Project Description Page 4. Property and Project Information Page 5. Work Program Page 6. Project Benefit Page 7. Agency Information Page 8. Financial Information Page 9. Project Feasibility and Readiness Page 10. AFFH Documents Page 11. Other Information (please specify): Page. Page. Page, Attachments Map State of Oregon Business Registry printout Detailed line item budget Letters of funding commitment Completed Budget Form (Form C) Pro forma (for construction projects only) 4 _. Page Affirmatively Furthering Fair Housing Statement and Marketing Policy Page, (housing development proposals only) Page Other (please specify): Page Page Page Page Page City of F>end ..r.. W-idle,-lrib oi,'e r lou ping Pilot Program P,lgc 15 FORM B City of Bend Middle -Income Housing Pilot Program Grant Funds Application for Funding PROJECT SUMMARY FORM Project Name: Project Location: Project Description: (Please include the number of affordable units being created.) Funds Requested: $ Leveraged Funds: $ I Applicant: I Address: I City, State& Zip: I Contact Person: I Phone Number: Email Address: City of Bc:,,-,nd,-- Middle.-Incorne HOLK;irl�j 1"Hot Prograrl'i Page 'I Application for Fun(]s - 2023 City of Bend Middle -Income Housing Pilot Program Grant Funds Application for Funds BUDGET FORM — NOTE: CITY STAFF WILL ASK FOR AN UPDATED BUDGET UPON SUCCESSFUL APPROVAL OF 1' j b"' D FUNDS PROJECT BUDGET: Sources of Funds Project Activities Middle -Income Housing Pilot Program Funds Requested Levera ed Funds Match Project Total Other Public Funds* Private Funds** TOTAL *OTHER PUBLIC FUNDS: Source Amount of Funding Use of Funds Secured Committed Applied For TOTAL **PRIVATE FUNDS: Source Amount of Funding Use of Funds Secured Committed Applied For TOTAL PNW Economics Evidenced -Based Real Estate, Land Use, & Economic Development Due Diligence MEMORANDUM To: From: Subject: Date: Allison Platt Core Area Project Manager CITY OF BEND, OREGON Bill Reid, Principal PNW ECONOMICS, LLC Revised MUPTE Return on Investment Findings: Hiatus Penn Avenue Project February 5, 2024 This memorandum summarized revised return on investment calculations for the Hiatus Penn Avenue project in Bend, Oregon for the purposes of Mixed -Use Property Tax Exemption (MUPTE) benefit consideration by the City of Bend and its partners. In March of 2023, PNW Economics submitted to the City of Bend a review of the Penn Avenue development MUPTE application financial pro formas required by City ordinance for the MUPTE incentive program. Since that time, Hiatus Development has submitted a revised development plan that does the following: • Increases the number of planned units at the project to 59 (from 40); • Provides all units with a loft and deck except two ADA units; and • Provides 27 units affordable to households earning 120% of Area Median Income,18 of which would be deed restricted as middle -income units (up from 12 in the prior design). The project does have updated economics along with the updated development program, thus this memorandum is a summary of updated information about the project and a review in the context of required MUPTE pro forma review. Project Design Update & Rents Table 1 below provides a summary the new, larger project's economics. cable 1 — Updated Penn Avenue Development Program (Hiatus Development) & xvzti scents Unit Type Unit Mix Units Percentage Average Unit Size (Sq. Ft.) Monthly Rent Rent per Square Foot Lofted One bed 31 53% 502 $2,476 $4.93 One bed ADA (No loft, no deck) 1 2% 450 $2,250 $5.00 MUPTE Units: 120% AMI 27 46% 492 1 772 3.60 Subtotals/Averages 59 100% 497 $2,150 $4.33 Note: 27 units are planned to rent affordably to households earning no more than -1luia Ot AMI, 16 Ot wnlcn will oe peep resirlcieu as "middle income" units. Prepared for: City of Bend, Oregon Prepared by: PNW Economics, LLC Revised MUPTE Award and Return on Investment Calculations for the Jackstraw Project" PNW Economics Overall, units have generally gotten slightly larger and planned monthly rent for standard Lofted one -bed units increased (to $2,476 on average compared to $2,050 monthly before). Planned average rent for the 120% of AMI "MUPTE Units" are slightly lower at $1,772 (compared to $1,888 on average before). Since almost a year has passed, it is worth reviewing how those rents compare to market presently as context for _ what rents might be in two years. Published rents at comparable projects are found on the following page. • The Current (954 SW Emkay Drive, Bend) — the newest project to delivery identified in the city: 0 416 average square foot Studio units for $1,649 average ($3.98 per square foot). 0 548 square foot 1 bed units for $1,809 average ($3.30 per square foot). • The Nest (1609 SW Chandler Avenue, Bend): o 481 average square foot Studio units for $1,890 average ($3.93 per square foot). • Solis at Petrosa (63190 Deschutes Market Road): o 620 square foot 1 beds for $1,805 average ($2.91 per square foot). • The Eddy Apartments (801 SW Bradbury Way): 678 square foot 1 bed for $1,913 average ($2.82 per square foot). • Outpost 44 Apartments (643 NE Ross Road) — located more distantly from the river, central commercial district amenities and east of Highway 97 thus reflecting lower rents than the rest of the peer group. o 734 square foot 1 beds for $1,770 average ($2.41 per square foot). • Jackstraw (Planned) - The MUPTE-approved Jackstraw project has declared market rents as follows: 0 483 average square foot Studio units for $1,824 average ($3.78 per square foot). 0 669 average square foot 1 bed units for $2,167 average ($3.24 per square foot). • Timber Yards A/1 (Planned) - This project currently has a MUPTE application under review by the City. Its declared rents are as follows: 0 530 average square foot Studio units for $1,805 average ($3.41 per square foot). o 744 average square foot 1 bed units for $2,139 average ($2.88 per square foot). Conclusion: Two years of current market rent growth can plausibly reach planned 2026 rents at the Penn Avenue project. However, what is not clear is how much of a discount by 2026 declared rents for the 120% of AMI units will be. Clarification of 120% of AMI rent levels in 2026 given current rent level context would be appropriate elaboration to ask of the Applicant. Should restricted rents be adequately clarified, higher realized rents in the pro forma will tend to make the need for a MUPTE less likely — higher rents covering the same operating expenses will increase cash flow in a manner that helps the project approach financial feasibility without incentives. Should rents materialize lower than documented, the opposite will be true: the Penn Avenue project will have a more challenging path to financial feasibility and so a MUPTE would be more crucial to viability of the new housing units to reach market. Page 2 Prepared for: City of Bend, Oregon Prepared by: PNW Economics, LLC Updated MUPTE Award and Return on Investment Calculations for the Hiatus Penn Avenue Project PNW Economics Project Financing Assumptions Table 2 on the following page provides a summary of revised development costs and project permanent financing assumptions compared to the original application in 2023.Overall, with 19 additional units and a year of significant construction industry cost increases, the project is expected to cost $21.286 million, up from $12.7 million before. The project on a per -unit basis continues to be significantly lower than other projects recently reviewed by the City of Bend; Penn Avenue's total cost per unit is $360,774 compared to $475, 415 for Timber Yards A/1 and $546,956 for the Jackstraw. At only three stories and having no concrete structured parking element, the Penn Avenue project can build with wood frame ("stick built") which is the least expensive construction method for multi -story structures. Table 2 — Revised Project Development Costs and Permanent Financing Assui 40 Units 59 Units Prior Plan Revised Plan Total Development Cost $12,698,256 $21,285,691 Permanent Loan $8,253,866 ''I $9,148,485 Equity $4,444,390 $12,137,206 Percent Financed 65% 43% Annual Interest Rate 6.00% 8.00% Amortization (Years) 30 30 Annual Permanent Debt Service ($593,833) ($805,540) nptions Permanent financing has changed somewhat, with the project now assumed to be only 43% debt financed, the remaining 57% coming from equity investment. The prior program assumed 65% of the project cost would be financed and the remaining 35% would be equity investment. The change seems in line with lending market as higher risk lending environment generally has led to higher equity investment shares of the total capital stack. Somewhat unexpectedly, the 30-year interest rate on the planned loan is up to 8.00%. While every developer has different lending and equity investment relationships, an 8.00% interest rate on permanent financing seems somewhat high based on review of other recent projects. The City of Bend may want to have that assumption clarified. Even so, sensitivity analysis conducted by PNW Economics indicates that it would take an interest rate well below 7% to make a measurable difference to the rate of return for the project. Property Tax & MUPTE Calculation With a larger project and higher cost of replacement -based value for property tax assessment, the total potential MUPTE for the Penn Avenue project has been updated for Fiscal Year 24 Deschutes County tax information. Results are found in Table 3 on the following page. The larger, more expensive project has resulted in the following Year 1 (2026) property tax estimates for analysis purposes: FY 24 Taxable Assessed Value of Improvements: $8.391 million (compared to only $5.854 million prior). Page 3 Prepared for: City of Bend, Oregon Prepared by: PNW Economics, LLC Updated MUPTE Award and Return on Investment Calculations for the Hiatus Penn Avenue Project PNW Economics Year 1 Property Tax on Land Only: $2,122 (compared to $2,041 prior). • Year 1 Property Tax on Improvements Only: $134,159 (compared to $92,713 prior). Property tax for improvements only would be the value of a MUPTE starting in Year 1 if awarded. Year 1 Total Combined Property Tax: $136,281 (compared to $94,754 prior). ruble 3 —Revised Penn Avenue Project Property iax & murit LatcuiaTions Tor rTL4 Cost of Replacement - Improvements $20,823,539 Exception Value Ratio - Multifamily (7) 0,403 FY 24 Taxable Assessed Value $8,391,886 Taxable Assessed Value (FY 24) Parcel Account # Acres Zoning Land Improvements Total 445 NE Penn 105177 0.48 RH High Density Residential $132,740 $0 $132,740 Tax Code Area 1001 (per $1,000 TAV) 15.9868 15.9868 15.9868 Total Property Tax - Land Only $2,122 $0 $2,122', 445 NE Penn 105177 0.48 RH High Density Residential $132,740 $8,391,886 $8,524,626 Tax Code Area 1001 (per $1,000 TAV) 15,9868 15.9868 15,9868 Total Property Tax - Combined $2,122 $134,159 $136,281 Updated Internal Rate of Return (IRR) Results: No MUPTE and Yes MUPTE Table 4 provides annual estimates of Internal Rate of Return (IRR) for the Penn Avenue project assuming no MUPTE is awarded as well as assuming a MUPTE is awarded, for necessary comparisons. It should be noted that Hiatus Development has chosen to express rate of return utilizing IRR, when in the original application for the smaller project design, Extended Internal Rate of Return (XIRR) was the chosen measure of return. IRR is the total rate of return on equity invested when factoring in the cumulative time investors have held interest in a project during development and during project operations, as well as investor cash -out of their initial investment. IRR utilizes cumulative, annual income and expense performance measures, while XIRR allows for different revenues and expenses in different months during the course of a year and over the course of several years. In other words, XIRR is a more complicated model. Still, we evaluate the IRR for the project assuming 10% is the generally recognized minimum rate of return to make the risk of a real estate development attractive to the equity investment required for a project to be financed. ruble 4 — Updated Internal Rate of Return (IRR) — 59 Unit Penn Avenue Project: No murlt and lees murit 59 One -Bed Units Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 27 Units at 120% of AMI 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 + MUPTE $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Internal Rate of Return -3.6 % 3.3% 3.8% 4.2% 4.4% 4.6% 4.7 % 4.8% 4.9% 5.0% Internal Rate of Return 5.5 % 8.5 % 7.7 % 7.3% 7.0 % 6.9 % 6.8% 6.7% 6.7 % 6.6% Page 4 Prepared for: City of Bend, Oregon Prepared by: PNW Economics, LLC Updated MUPTE Award and Return on Investment Calculations for the Hiatus Penn Avenue Project PNW Economics Overall, we find the following: • Without a MUPTE, the Penn Avenue project is assured to be a financially hamstrung development as both an investment and a lending opportunity. IRR is measured to begin at -3.6% and growing over time to no more than 5.0%, always well below the rule -of -thumb minimum IRR of 10%. • With a MUPTE, the Penn Avenue project is enhanced significantly in its financial feasibility to both attract investment and lending in order to be a viable project. However, a MUPTE award of $134,159 starting in Year 1 never helps the project reach the 10% minimum IRR benchmark. In other words, the project should still be considered a financially -challenged project by general standards. It should be noted that Internal Rate of Return IRR (and Extended Internal Rate of Return - XIRR) are measures of return uniquely utilized by the Penn Avenue applicant. Therefore the 10% rule -of -thumb minimum IRR in this review will look different (higher) than rule -of -thumb criteria for reviewing other projects that have applied for a MUPTE. Those projects, including the Jackstraw, utilized Return on Investment (ROI) rather than IRR, and so review information about those projects will look different. Each measure of return are standard for such development and individual developers will choose to evaluate their own projects with different, standard measures. Rapidly increasing construction costs and the increased cost of financing such a project are among the contributors to challenging feasibility for this project. These factors have dragged down Internal Rate of Return estimated in the previous version of this project. But in the current market, those challenges are difficult but far from unique. Given some of the updated findings about the project's information, we'd offer these observations that are "sensitivity analysis" in nature: • If project rents — potentially high compared to market in 2026 — do not materialize as projected, the project's feasibility will be even more challenged than documented and a MUPTE will be even more crucial. • If permanent (and construction) financing interest rates come down compared to planned by the Applicant — 8% annual interest on permanent financing in the Applicant pro forma — the project will perform better in terms of cash flow and resulting Internal Rate of Return. 8% was observed to be on the high side compared to other recent projects. Page 5 Prepared for: City of Bend, Oregon Prepared by: PNW Economics, LLC Updated MUPTE Award and Return on Investment Calculations for the Hiatus Penn Avenue Project PNW Economics Evidenced -Based Real Estate, Land Use, & Economic Development Due Diligence MEMORANDUM To: From: Subject: Date: Allison Platt Core Area Project Manager CITY OF BEND, OREGON Bill Reid, Principal PNW ECONOMICS, LLC Revised MUPTE Return on Investment Findings: Hiatus Penn Avenue Project February 5, 2024 This memorandum summarized revised return on investment calculations for the Hiatus Penn Avenue project in Bend, Oregon for the purposes of Mixed -Use Property Tax Exemption (MUPTE) benefit consideration by the City of Bend and its partners. In March of 2023, PNW Economics submitted to the City of Bend a review of the Penn Avenue development MUPTE application financial pro formas required by City ordinance for the MUPTE incentive program. Since that time, Hiatus Development has submitted a revised development plan that does the following: • Increases the number of planned units at the project to 59 (from 40); • Provides all units with a loft and deck except two ADA units; and • Provides 27 units affordable to households earning 120% of Area Median Income,18 of which would be deed restricted as middle -income units (up from 12 in the prior design). The project does have updated economics along with the updated development program, thus this memorandum is a summary of updated information about the project and a review in the context of required MUPTE pro forma review. Project Design Update & Rents Table 1 below provides a summary the new, larger project's economics. Table 1 — Updated Penn Avenue Development Program (Hiatus Development) & ZU26 Kents Unit Mix Average Unit Monthly Rent per Unit Type Units Percentage Size (Sq. Ft.) Rent Square Foot Lofted One bed 31 53% 502 $2,476 $4.93 One bed ADA (No loft, no deck) 1 2% 450 $2,250 $5.00 MUPTE Units: 120% AMI 27 46% 492 S3.60 Subtotals/Averages 59 100% 497 $2,150 $4.33 Note: 27 units are planned to rent attordably to households earning no more than 1 zu is Ot AM], 18 Ot Wnlcn Will De aeea resirlciea as "middle income" units. Prepared for: City of Bend, Oregon Prepared by: PNW Economics, LLC Revised MUPTE Award and Return on Investment Calculations for the Jackstraw Project PNW Economics Overall, units have generally gotten slightly larger and planned monthly rent for standard Lofted one -bed units increased (to $2,476 on average compared to $2,050 monthly before). Planned average rent for the 120% of AMI "MUPTE Units" are slightly lower at $1,772 (compared to $1,888 on average before). Since almost a year has passed, it is worth reviewing how those rents compare to market presently as context for what rents might be in two years. Published rents at comparable projects are found on the following page. • The Current (954 SW Emkay Drive, Bend) — the newest project to delivery identified in the city: 0 416 average square foot Studio units for $1,649 average ($3.98 per square foot). 0 548 square foot 1 bed units for $1,809 average ($3.30 per square foot). • The Nest (1609 SW Chandler Avenue, Bend): o 481 average square foot Studio units for $1,890 average ($3.93 per square foot). • Solis at Petrosa (63190 Deschutes Market Road): o 620 square foot 1 beds for $1,805 average ($2.91 per square foot). • The Eddy Apartments (801 SW Bradbury Way): 678 square foot 1 bed for $1,913 average ($2.82 per square foot). • Outpost 44 Apartments (643 NE Ross Road) — located more distantly from the river, central commercial district amenities and east of Highway 97 thus reflecting lower rents than the rest of the peer group. o 734 square foot 1 beds for $1,770 average ($2.41 per square foot). • Jackstraw (Planned) - The MUPTE-approved Jackstraw project has declared market rents as follows: 0 483 average square foot Studio units for $1,824 average ($3.78 per square foot). 0 669 average square foot 1 bed units for $2,167 average ($3.24 per square foot). • Timber Yards A/1 (Planned) - This project currently has a MUPTE application under review by the City. Its declared rents are as follows: 0 530 average square foot Studio units for $1,805 average ($3.41 per square foot). o 744 average square foot 1 bed units for $2,139 average ($2.88 per square foot). Conclusion: Two years of current market rent growth can plausibly reach planned 2026 rents at the Penn Avenue project. However, what is not clear is how much of a discount by 2026 declared rents for the 120% of AMI units will be. Clarification of 120% of AMI rent levels in 2026 given current rent level context would be appropriate elaboration to ask of the Applicant. Should restricted rents be adequately clarified, higher realized rents in the pro forma will tend to make the need for a MUPTE less likely — higher rents covering the same operating expenses will increase cash flow in a manner that helps the project approach financial feasibility without incentives. Should rents materialize lower than documented, the opposite will be true: the Penn Avenue project will have a more challenging path to financial feasibility and so a MUPTE would be more crucial to viability of the new housing units to reach market. Page 2 Prepared for: City of Bend, Oregon Prepared by: PNW Economics, LLC Updated MUPTE Award and Return on Investment Calculations for the Hiatus Penn Avenue Project PNW Economics Project Financing Assumptions Table 2 on the following page provides a summary of revised development costs and project permanent financing assumptions compared to the original application in 2023.Overall, with 19 additional units and a year of significant construction industry cost increases, the project is expected to cost $21.286 million, up from $12.7 million before. The project on a per -unit basis continues to be significantly lower than other projects recently reviewed by the City of Bend; Penn Avenue's total cost per unit is $360,774 compared to $475, 415 for Timber Yards A/1 and $546,956 for the Jackstraw. At only three stories and having no concrete structured parking element, the Penn Avenue project can build with wood frame ("stick built"), which is the least expensive construction method for multi -story structures. Table 2 — Revised Project Development Costs and Permanent Financing Assur 40 Units 59 Units Prior Plan Revised Plan Total Development Cost $12,698,256 $21,285,691 Permanent Loan $8,253,866 $9,148,485 Equity $4,444,390 $12,137,206 Percent Financed 65% 43% Annual Interest Rate 6.00% 8.00% Amortization (Years) 30 30 Annual Permanent Debt Service ($593,833); ($805,540) nptions Permanent financing has changed somewhat, with the project now assumed to be only 43% debt financed, the remaining 57% coming from equity investment. The prior program assumed 65% of the project cost would be financed and the remaining 35% would be equity investment. The change seems in line with lending market as higher risk lending environment generally has led to higher equity investment shares of the total capital stack. Somewhat unexpectedly, the 30-year interest rate on the planned loan is up to 8.00%. While every developer has different lending and equity investment relationships, an 8.00% interest rate on permanent financing seems somewhat high based on review of other recent projects. The City of Bend may want to have that assumption clarified. Even so, sensitivity analysis conducted by PNW Economics indicates that it would take an interest rate well below 7% to make a measurable difference to the rate of return for the project. Property Tax & MUPTE Calculation With a larger project and higher cost of replacement -based value for property tax assessment, the total potential MUPTE for the Penn Avenue project has been updated for Fiscal Year 24 Deschutes County tax information. Results are found in Table 3 on the following page. The larger, more expensive project has resulted in the following Year 1 (2026) property tax estimates for analysis purposes: FY 24 Taxable Assessed Value of Improvements: $8.391 million (compared to only $5.854 million prior). Page 3 Prepared for: City of Bend, Oregon Prepared by: PNW Economics, LLC Updated MUPTE Award and Return on Investment Calculations for the Hiatus Penn Avenue Project PNW Economics • Year 1 Property Tax on Land Only: $2,122 (compared to $2,041 prior). • Year 1 Property Tax on Improvements Only: $134,159 (compared to $92,713 prior). Property tax for improvements only would be the value of a MUPTE starting in Year 1 if awarded. • Year 1 Total Combined Property Tax: $136,281 (compared to $94,754 prior). ruble 3 — Revised Penn Avenue rrolect rroperty lax a mum LarcutuTrons Tor riz4 Cost of Replacement - Improvements $20,823,539 Exception Value Ratio - Multifamily (7) 0.403 FY 24 Taxable Assessed Value $8,391,886 Taxable Assessed Value (EY 241 Parcel Account # Acres Zoning Land Improvements Total 445 NE Penn 105177 0.48 RH High Density Residential $132,740 $0 $132,-, Tax Code Area l001 (per $1,000 TAV) 15.9868 15,9868 15.9i Total Property Tax - Land Only $2,122 $0 $2,1 445 NE Penn 105177 0.48 RH High Density Residential $132,740 $8,391,886 $8,524,626, Tax Code Area 1001 (per $1,000 TAV) 15,9868 15.9868 15.9868 Total Property Tax - Combined $2,122 $134,159 $136,281' Updated Internal Rate of Return (IRR) Results: No MUPTE and Yes MUPTE Table 4 provides annual estimates of Internal Rate of Return (IRR) for the Penn Avenue project assuming no MUPTE is awarded as well as assuming a MUPTE is awarded, for necessary comparisons. It should be noted that Hiatus Development has chosen to express rate of return utilizing IRR, when in the original application for the smaller project design, Extended Internal Rate of Return (XIRR) was the chosen measure of return. IRR is the total rate of return on equity invested when factoring in the cumulative time investors have held interest in a project during development and during project operations, as well as investor cash -out of their initial investment. IRR utilizes cumulative, annual income and expense performance measures, while XIRR allows for different revenues and expenses in different months during the course of a year and over the course of several years. In other words, XIRR is a more complicated model. Still, we evaluate the IRR for the project assuming 10% is the generally recognized minimum rate of return to make the risk of a real estate development attractive to the equity investment required for a project to be financed. ruble 4 — Updated Internal Rate of Return (IRR) — 5V Unit Tenn Avenue rrolect: No murit and Tres murit 59 One -Bed Units Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 27 Units at 120% of AMI 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 MITITIM + MUPTE $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Internal Rate of Return •3.6% 3.3% 3.8% 4.2% 4.4% 4.6% 4.7% 4.8% 4.9% 5.0%' Internal Rate of Return 5.5% 8.5% 7.7% 7.3% 7.0% 6.9% 6.8% 6.7% 6.7% 6.6% Page 4 Prepared for: City of Bend, Oregon Prepared by: PNW Economics, LLC Updated MUPTE Award and Return on Investment Calculations for the Hiatus Penn Avenue Project PNW Economics Overall, we find the following: • Without a MUPTE, the Penn Avenue project is assured to be a financially hamstrung development as both an investment and a lending opportunity. IRR is measured to begin at -3.6% and growing over time to no more than 5.0%, always well below the rule -of -thumb minimum IRR of 10%. • With a MUPTE, the Penn Avenue project is enhanced significantly in its financial feasibility to both attract investment and lending in order to be a viable project. However, a MUPTE award of $134,159 starting in Year 1 never helps the project reach the 10% minimum IRR benchmark. In other words, the project should still be considered a financially -challenged project by general standards. It should be noted that Internal Rate of Return IRR (and Extended Internal Rate of Return - XIRR) are measures of return uniquely utilized by the Penn Avenue applicant. Therefore the 10% rule -of -thumb minimum IRR in this review will look different (higher) than rule -of -thumb criteria for reviewing other projects that have applied for a MUPTE. Those projects, including the Jackstraw, utilized Return on Investment (ROI) rather than IRR, and so review information about those projects will look different. Each measure of return are standard for such development and individual developers will choose to evaluate their own projects with different, standard measures. Rapidly increasing construction costs and the increased cost of financing such a project are among the contributors to challenging feasibility for this project. These factors have dragged down Internal Rate of Return estimated in the previous version of this project. But in the current market, those challenges are difficult but far from unique. Given some of the updated findings about the project's information, we'd offer these observations that are "sensitivity analysis" in nature: • If project rents — potentially high compared to market in 2026 — do not materialize as projected, the project's feasibility will be even more challenged than documented and a MUPTE will be even more crucial. • If permanent (and construction) financing interest rates come down compared to planned by the Applicant — 8% annual interest on permanent financing in the Applicant pro forma — the project will perform better in terms of cash flow and resulting Internal Rate of Return. 8% was observed to be on the high side compared to other recent projects. Page 5 Prepared for: City of Bend, Oregon Prepared by: PNW Economics, LLC Updated MUPTE Award and Return on Investment Calculations for the Hiatus Penn Avenue Project Meeting Date: Board of County Commissioners - April 24, 2024 Subject: Salary, Market, and Equity Review Project— Defining the Labor Market Recommended Motion: Move to approve the use of Option as the competitive labor market for Deschutes County in the Salary, Market, and Equity Review Project. m Move to approve the use of Option , with Deschutes Regional model, as the competitive labor market for Deschutes County in the Salary, Market, and Equity Review Project. (Ifselectingan Option which includes an aggregator survey, the survey model will need to be selected in a motion.) Background and Policy Implications: Established in 2017, Deschutes County's current competitive labor market includes comparable public sector organizations: Clackamas, Lane, Jackson, and Marion counties. Feedbackfrom department/office leadership suggests using this labor market definition is not meeting the needs of the County when attracting and retaining employees. When surveyed on the topic of labor market, department/office leadership feedback (summary) was as follows: • The County's compensation design should provide competitive salary and benefits that attract and retain high -quality candidates, recognizing the high cost of living in Deschutes County. • At minimum, Deschutes County should meet the market and should exceed or lead the market to attract and retain a high -quality workforce. • The County should look to other City, County, State, Federal governments and select private sector employers as the County's competition for talent. Specifically, the counties of Washington, Multnomah, Clackamas, Marion, Lane, and City of Bend; and select private sector employers in the region. Options for consideration in establishing a competitive tabor market for Deschutes County: Option 1 Maintain current comparable counties list, Clackamas, Marion, Lane, and Jackson and adding an adjustment to the data to recognize the geographic differences on labor. Population Budget Geographic Adjustment* Deschutes 203,390 $625,140,828 $82,000 Clackamas 424,043 $1,708,387,864 92.2% Marion 353,649 $688,873,465 r8.7% Lane 384,374 $1,075,819,868 1 (.)A`��� Jackson 222,762 $215,457,392 1 A 1, *Geographic Adjustments are created in the aggregator survey Economic Research Institute (ERI). This is the only analytic toot/survey to use geographic data from the verified source of the Bureau of Labor Statistics. Geographic Adjustment is informed by the Cost of Living (20 factors, includes but not limited to housing) and Cost of Labor (6 factors). Example: An employee earning $82,000 in Clackamas County is equivalent to an employee earning (92.2%) $75,600 in Deschutes County. Option 1a Maintain current comparable counties list, Clackamas, Marion, Lane, and Jackson and adding an adjustment to the data to recognize the geographic differences on labor and add an aggregator survey represent private sector compensation. Poputati on Budget Geographic Adjustment* Deschutes 203,390 $625,140,828 $82,000 Clackamas 424,043 $1,708,387,864 92.2% Marion 353,649 $688,873,465 Lane 384,374 $1,075,819,868 Jackson 222,762 $215,457,392 Aggregator Surveys (2) Private/ F?evional. 5625,140,828 n/a ® tp ion 2 Change current comparable agencies list, suggestions from Department and Office leadership, adding an adjustment to the data to recognize the geographic differences on labor. Population I Budget I Geographic Adjustment I Department Leadership Recommendation Deschutes 212,141 $625,140,828 $82,000 Keep Clackamas 424,043 $1,708,387,864 92.2% Keep Marion 353,649 $688,873,465 Keep Lane 384,374 $1,075,819,86810 Keep Washington 610,245 $1,701,864,016 92.1% Add Multnomah 805,007 $3,512,641,262 92.1% Add City of Bend 103,254 . ; ": Add Aggregator Surveys (2) Private/ Regional $625,140,828 n/a Add Jackson 222,762 $215,457,392 i ,01 .5 Remove Use Aggregator Surveys only. Consultants use, and recommend, both Economic Research Institute (ERI) and Comp Analyst surveys. Decision will need to be made on which survey model: All Survey Data (United States), Deschutes County, Deschutes Regional, or Oregon Adjustment. Most cost- effective approach to gathering data and meets all market goals. Consultant Recommendation_ NDTE�Pe/oanta8os�|eiessthan2Y6andahouidnc�beusud�or See sampLe market appLication on attached worksheet. Office Manager Job Tile: Job Description Manages and organizes office operations and procedures, such as word processing, bookkeeping, preparation of payrolls, flow of correspondence, filing, requisition of supplies, and other clerical services. Coordinates activities of various clerical departments or workwithin department. workers fficiency of workflow. Evaluates office production, updates procedures, or devises new forms to improve e Establishes uniform correspondence procedures and style practices. Formulates procedures for systematic retention, protection, retrieval, transfer, and y iodisposal f recolargerds. er of employees and more varied office activities. This position is similar to an office Supervisor, but scope of unit supervised typi Position requires experience in the classifications managed. ___.. Range Minimum Range Mid Point Range Maximum n!!nRange Mid Paint Range Maximum Range Minimum Range Mid Point Range Maximum No adjustment (rate is less than 2% at 98.7%) te is less than 2% at 101.E%)$ 59,208.51 $ 79,089.09 $ 98,969.67 ----$ 55,453.82 $ 74,034,71 $ 92,615.59NoAdjustment (rate is less than 2°/ at 98.7%) te is less than 2%at 101.6%)$ 55,838.92 $ 74,612.35 $ 93,385.78No Adjustment (rate is less than 2% at 98.7%)ate is less than 2% at 101.6%) United States 7v,wv _ 0 96.3% 95.8% 96.8% 97.0 /a o 102.2% p �#frtSC i &glonalS k 1D 1NA 'C 105.6 /0 Orggon �) 103.9% 97.8% BOARD • •Vi W• ' MEETING DATE: April 24, 2024 SUBJECT: Application for two OHA Reproductive Health Services Grants RECOMMENDED MOTION: Move approval to apply for Oregon Health Authority Reproductive Health Services Infrastructure and Modernization Grants. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County Health Services (DCHS) seeks approval to submit a grant application to the Oregon Health Authority (OHA) for $150,000 of funding to support Reproductive Health (RH) services. DCHS would apply for both the infrastructure ($50,000) and modernization ($100,000) grants within one combined application. Infrastructure Grant: The Oregon Health Authority (OHA) has recognized that Oregon's Reproductive Health (RH) Program clinical network needs infrastructure support that is not provided in the fee -for -service structure. Understaffing, increased need, and program requirements make delivering reproductive healthcare challenging. Unfortunately, most of the RH Program's funders require their funding to be spent on direct services. In response, OHA has acquired Title X funding through the U.S. Department of Health and Human Services to bolster clinic infrastructure and ensure access to reproductive health services. Acceptable uses of funds include salaries, training, translation/interpretation services, electronic health record systems, clinic equipment, clinical services such as labs and supplies, and costs associated with maintaining a clinic site. DCHS is requesting approval to apply for OHA's RH infrastructure grant in the amount of $50,000. The term of the funding is April 1, 2024, through March 31, 2025. If approved, DCHS intends to use the funding as follows: • $13,500 to purchase vaccines and testing supplies, • $6,100 for clinical office equipment and software programs • $1,500 for interpretation services • $2,400 for training • $20,000 in reserve to cover the unrecovered costs of labs and visits • $6,500 for indirect expenses Modernization Grant: Oregon Health Authority (OHA) is requesting applications for its Reproductive Health (RH) Clinical Network Modernization Funding. RH Clinics continue to face challenges with funding, understaffing, increased community needs, and meeting program requirements. The purpose of the funding is to help fill the gaps and offset costs associated with providing ongoing, high -quality, culturally responsive reproductive health services to Oregonians. Funding from this grant must be used for the purpose of ensuring access to reproductive health services. Acceptable uses include salaries, training, translation/interpretation services, electronic health record systems, clinic equipment and costs associated with maintaining a clinic site. DCHS is requesting approval to apply for OHA's RH Modernization grant in the amount of $100,000. The term for this funding is April 1, 2024, through June 30, 2025. If approved, DCHS intends to use the funding for fiscal year 2025 as follows: • $87,000 to support approximately 56% of a current 0.8 FTE Nurse Practitioner ® $13,000 for indirect expenses BUDGET IMPACTS: If approved, $150,000 in revenue. ATTENDANCE: Anne Kilty, Manager, Public Health Program MEETING DATE: April 24, 2024 SUBJECT: First Reading of Ordinance 2023-016 adopting the Tumalo Community Plan Update 2020-2040 RECOMMENDED MOTION: Move approval of first reading of Ordinance No. 2023-016 by title only. BACKGROUND AND POLICY IMPLICATIONS: This 2020-2040 update of the Tumalo Community Plan (TCP) replaces the previous 2010- 2030 Plan. The TCP provides a guide for development, capital improvements, and land use planning specific to the area within and surrounding the unincorporated community of Tumalo. Following a public hearing on December 6, 2023 and the conclusion of deliberations on March 27, 2024, the Board voted to adopt the updated TCP with amendments. The full record is located on the project webpage: https://www.deschutescounty.gov/cd/page/tumalo-community-plan-update-2020-2040- 247-23-000509-pa-510-ta BUDGET IMPACTS: None ATTENDANCE: Tarik Rawlings, Senior Transportation Planner MEMORANDUM TO: Deschutes County Board of Commissioners (Board) FROM: Tarik Rawlings, Senior Transportation Planner DATE: April 17, 2024 SUBJECT: Consideration of First Reading of Ordinance 2023-016 - Deschutes County Tumalo Community Plan Update The Board of County Commissioners (Board) will consider a first reading of Ordinance 2023-016 on April 24, 2024 related to the Deschutes County Tumalo Community Plan (TCP) Update covering the years 2020-2040. The first reading of the TCP follows the conclusion of Board deliberations on March 27, 2024. 1. BACKGROUND Tumalo is an Unincorporated Community under Oregon Administrative Rule (OAR) 660-022, meaning the land use pattern is quasi -urban in terms of density and land uses and predated Oregon's land use system, which began in 1973. The state classifies Tumalo as a Rural Unincorporated Community' and the County administers it under Deschutes County Code (DCC) 18.67. The Tumalo Community Plan is Section 4.7 of the Comprehensive Plan and appears as Appendix B of the Comprehensive Plan. In support of the TCP update, staff prepared a website, www.deschutes.org/tumaloplan, which featured a StoryMap that provided a narrative of the project, the community's history, the purpose of the TCP, surveys, and an opportunityto leave a contact email. Additionally, the full record including public and agency comments is included at the following project -specific website: https•//www deschutescounty gov/cd/page/tumalo-community-plan-update-2020-2040-247-23- 000509-pa-510-ta Staff provided numerous methods for the public to provide input on what they wanted in the TCP, comments on the community vision, as well as specific draft goals and policies. The public outreach methods ranged from traditional meetings in the Tumalo School Gym to face-to-face meetings at a local coffeehouse to Zoom meetings. Public outreach included mailers to Tumalo residents initially. ' OAR 660-020-010(7) "Rural Community is an unincorporated community which consists primarily of permanent residential dwellings but also has at least two other land uses that provide commercial, industrial, or public uses (including but not limited to schools, churches, grange halls, post offices) to the community, the surrounding area, or to persons traveling through the area." These were followed by emails via Constant Contact based on information from attendance sheets, contact info left at the website, or phone calls and/or emails to Planning staff. Outreach for specific events included: • Tumalo StoryMap #1, April 27-May 25, 2022 • Tumalo Community Plan Open House #1,_May 11, 2022 (Kick Off meeting) • Meet A Planner, Tumalo Coffeehouse, Zoom, or phone, June 13-24, 2022 • Tumalo StoryMap #2, June 29 July 27, 2022 • Tumalo Community Plan Open House, #2, August 22, 2022 (Draft TCP, 1It version) • Meet A Planner, Tumalo Coffeehouse, Zoom, or phone, May 2-9, 2023 • Tumalo StoryMap #3, April 23, 2023, to present • Tumalo Open House #3, May 17, 2023, (Draft TCP, 2nd version) The Planning Commission (PC) hosted the initial hearings for review of this update. Staff held a July 27, 2023, work session with the Planning Commission to provide an overview of the updated TCP and the process to create it. The PC held a public hearing3 on August 10, 2023, on the draft 2020- 2040 TCP. The PC voted to continue the public hearing to August 24, 20234 and collected additional public comments. At the conclusion of oral testimony on August 24, 2023, the PC voted to close the oral and record and leave the written record open until 4 p.m. on September 7, 2023. Deliberations before the PC were initially held on October 12, 20235 with the PC voting to continue deliberations until October 26, 2023. The PC held continued deliberations on October 26, 20236, ultimately making a recommendation to the Board to adopt the TCP document including amendments. The PC's recommendation was presented to the Board at a public hearing on December 6, 20237 and the Board voted to keep the written record open until December 13, 2023 at 4:00pm to collect any additional public input. Most recently, the Board held deliberations on the TCP, closed deliberations, and voted to approve the TCP with amendments on March 27, 20248 . In anticipation of the Board's public hearing on December 6, 2023, notice was provided to the Department of Land Conservation and Development (DLCD) on July 6, 2023 with a Notice of Application sent to agency partners on July 21, 2023. Additionally, a Notice of Public Hearing was published in the Bulletin newspaper on November 19, 2023 and courtesy email notice was sent to participating parties on November 17, 2023. These relevant dates and events are outlined in Table 1, below. Z https://www.deschutes.org/bc-pc/page/planning-commission-37 3 https://www.deschutes.org/bc-pc/page/planning-commission-38 4 https://www.deschutes.org/bc-pc/page/planning-commission-39 s https://www.deschutes.org/bc-pc/page/planning-commission-41 e https://www.deschutes.org/bc-pc/page/planning-commission-42 https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-140 a https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-161 Page 2 of 3 Table 1- TCP Review Timeline Date Event July 6, 2023 Notice provided to the DLCD in anticipation of the Board's public hearing. July 21, 2023 Notice of Application sent to agency partners. July 27, 2023 Work session with the Planning Commission (PC) to overview the updated TCP. August 10, 2023 Public hearing on the draft 2020-2040 TCP. August 24, 2023 Continuation of public hearing and closure of oral testimony, written record left open. September 7, 2023 Written record closed at 4 p.m. October 12, 2023 Initial deliberations before the PC. October 26, 2023 Continued deliberations and PC's recommendation to adopt the TCP with amendments. November 17, 2023 Courtesy email notice sent to participating parties. November 19, 2023 Notice of Public Hearing published in the Bulletin newspaper. December 6, 2023 Public hearing where the PC's recommendation was presented to the Board. December 13, 2023 Written record kept open until 4 p.m. for additional public input. March 27, 2024 Board deliberations followed by vote to approve the amended version of the TCP. II. BOCC AMENDMENTS During the Board's TCP deliberations on March 27, 2024, the Commissioners voted to include four amendments in the draft TCP related to multi -family housing density, river impacts, community engagement, and public art. Below is a summary of the Board's amendments to the TCP and where they are located within the finalized TCP (attached as Exhibit C to Ordinance 2023-016): 1. Exhibit C p.32: Land Use Policy #5 (community engagement) 2. Exhibit C pg. 33: Natural Resources, Open Space, and Recreation Policy #10 (river impacts / replacing district policies previously included) 3. Exhibit C p.34: Residential Area Policy #4 (multi -family housing) 4. Exhibit C pg. 35: Economic Development Policy #8 (public art) Ill. NEXT STEPS / SECOND READING The Board is scheduled to conduct the second reading of Ordinance 2023-016 on May 8, 2024, fourteen (14) days following the first reading. ATTACHMENTS: 1. Draft Ordinance 2023-016 and Exhibits Exhibit A: Comprehensive Plan Section 23.01 (adding) Exhibit B: Comprehensive Plan Section 4.7 (amending) Exhibit C: Comprehensive Plan Appendix B-Tumalo Community Plan (adding) Exhibit D: Comprehensive Plan Section 5.12, Legislative History (amending) Exhibit E: TCP Findings (findings) Page 3 of 3 REVIEWED LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Repealing and Replacing the Deschutes County Comprehensive Plan's Tumalo Community Plan (TCP) * * ORDINANCE NO. 2023-016 * * WHEREAS, the Community Development Department planning staff initiated a Comprehensive Plan amendment in order to update the Tumalo Community Plan ("TCP") adopted by Ordinance 2010-027 on November 29, 2010; and WHEREAS, after notice was given in accordance with applicable law, a public hearing was held before the Deschutes County Planning Commission beginning on August 10, 2023 to consider the draft County Tumalo Community Plan update; and WHEREAS, on October 26, 2023, the Planning Commission forwarded to the Board of County Commissioners ("Board") a recommendation of approval to adopt changes to the Tumalo Community Plan component of the County's Comprehensive Plan; and WHEREAS, the Board considered this matter after a duly noticed public hearing on December 6, 2023 and concluded that the public will benefit from changes to the Tumalo Community Plan component of the County's Comprehensive Plan as amended during the Board's deliberations on March 27, 2024; and WHEREAS, the Board finds it in the public interest to adopt the following Comprehensive Plan amendments; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. REPEALING. Deschutes County Ordinance 2010-027, is repealed. Section 2. REPEALING. Deschutes County Comprehensive Plan Appendix B, Tumalo Community Plan, is repealed. Section 3. ADDING. Deschutes County Code 23.01(BM) is added as described in Exhibit "A", attached and incorporated by reference herein with new language underlined. Section 4. AMENDING. Deschutes County Comprehensive Plan Section 4.7 is amended by to read as described in Exhibit "B" attached and incorporated by reference herein with new language underlined and deleted language set forth in strik g= . PAGE 1 OF 2 - ORDINANCE NO.2023-016 Section 5. ADDING. Deschutes County Comprehensive Plan Appendix B, Tumalo Community Plan, is added as described in Exhibit "C", attached and incorporated by reference herein. Section 6. AMENDING. Deschutes County Comprehensive Plan Section 5.12, Legislative History, is amended to read as described in Exhibit "D", attached and incorporated by reference herein, with new language underlined. Section 7. FINDINGS. The Board adopts as its findings Exhibit "E", attached and incorporated by reference herein. Section 8. EFFECTIVE DATE. This Ordinance takes effect on the 901h day after the date of adoption or, if appealed, the date the ordinance is no longer subject to appeal. Dated this of 2024 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: Recording Secretary Date of I" Reading: Date of 2"' Reading: Commissioner Patti Adair Anthony DeBone Philip Chang Effective date: PATTI ADAIR, Chair ANTHONY DeBONE, Vice Chair PHILIP CHANG, Commissioner day of , 2024. day of , 2024. Record of Adoption Vote: Yes No Abstained Excused day of , 2024. PAGE 2 OF 2 - ORDINANCE NO.2023-016 TITLE 23 COMPREHENSIVE PLAN CHAPTER 23.01 COMPREHENSIVE PLAN A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011-003 and found on the Deschutes County Community Development Department website, is incorporated by reference herein. B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2011-027, are incorporated by reference herein. C. [Repealed by Ordinance 2013-001, §1] D. [Repealed by Ordinance 2023-0171 E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-012, are incorporated by reference herein. F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-016, are incorporated by reference herein. G. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-002, are incorporated by reference herein. H. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-009, are incorporated by reference herein. I. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-012, are incorporated by reference herein. J. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-007, are incorporated by reference herein. K. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-005, are incorporated by reference herein. L. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-006, are incorporated by reference herein. M. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-012, are incorporated by reference herein. N. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-021, are incorporated by reference herein. O. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-027, are incorporated by reference herein. P. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-021, are incorporated by reference herein. Exhibit A to Ordinance 2023-016 — Comprehensive Plan Section 23.01 Q. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-029, are incorporated by reference herein. R. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-018, are incorporated by reference herein. S. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2015-010, are incorporated by reference herein. T. [Repealed by Ordinance 2016-027 §1] U. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-022, are incorporated by reference herein. V. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-005, are incorporated by reference herein. W. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-027, are incorporated by reference herein. X. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2016-029, are incorporated by reference herein. Y. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2017-007, are incorporated by reference herein. Z. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-002, are incorporated by reference herein. AA. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-006, are incorporated by reference herein. AB. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-011, are incorporated by reference herein. AC. [repealed by Ord. 2019-010 §1, 2019] AD. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2018-008, are incorporated by reference herein. AE. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-002, are incorporated by reference herein. AF. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-001, are incorporated by reference herein. AG. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-003, are incorporated by reference herein. AH. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-004, are incorporated by reference herein. Exhibit A to Ordinance 2023-016 — Comprehensive Plan Section 23.01 Al. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-011, are incorporated by reference herein. AJ. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-006, are incorporated by reference herein. AK. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-019, are incorporated by reference herein. AL. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2019-016, are incorporated by reference herein. AM. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-001, are incorporated by reference herein. AN. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-002, are incorporated by reference herein. AO. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-003, are incorporated by reference herein. AP. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-008, are incorporated by reference herein. AQ. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-007, are incorporated by reference herein. AR. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-006, are incorporated by reference herein. AS. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-009, are incorporated by reference herein. AT. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2020-013, are incorporated by reference herein. AU. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2021-002, are incorporated by reference herein. AV. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2021-005, are incorporated by reference herein. AW. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2021-008, are incorporated by reference herein. AX. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2022-001, are incorporated by reference herein. AY. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2022-003, are incorporated by reference herein. Exhibit A to Ordinance 2023-016 — Comprehensive Plan Section 23.01 AZ. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2022-006, are incorporated by reference herein. BA. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2022-010, are incorporated by reference herein. BB. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2022-011, are incorporated by reference herein. (superseded by Ord. 2023-015) BC. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2022-013, are incorporated by reference herein. BD. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2023-001, are incorporated by reference herein. BE. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2023-007, are incorporated by reference herein. BF. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2023-010 are incorporated by reference herein. BG. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2023-018, are incorporated by reference herein. BH. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2023-015, are incorporated by reference herein. BI. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2023-025, are incorporated by reference herein. B.I. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2024-001, are incorporated by reference herein. BK. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2024-003, are incorporated by reference herein. BL. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2023-017, are incorporated by reference herein. BM. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2023-016 are incorporated by reference herein. Click here to be directed to the Comprehensive Plan (http://www.deschutes.org/compplan) HISTORY Amended by Ord. 2011-027 §10 on 111912011 Adopted by Ord. 2011-003 §2 on 111912011 Exhibit A to Ordinance 2023-016 — Comprehensive Plan Section 23.01 Amended by Ord. 2011-017 §5 on 1113012011 Amended by Ord. 2012-012 §1, 2, 3, 4 on 812012012 Amended by Ord. 2012-005 §1 on 1111912012 Amended by Ord. 2013-002 §1 on 11712013 Repealed by Ord. 2013-001 §1 on 11712013 Amended by Ord. 2013-005 §1 on 112312013 Amended by Ord. 2012-016 §1 on 31412013 Amended by Ord. 2013-009 §1 on 51812013 Amended by Ord. 2013-012 §1 on 81812013 Amended by Ord. 2013-007 §1 on 812812013 Amended by Ord. 2014-005 §2 on 212612014 Amended by Ord. 2014-006 §2 on 311512014 Amended by Ord. 2014-012 §1 on 81612014 Amended by Ord. 2014-021 §1 on 1112612014 Amended by Ord. 2015-029 §1 on 1113012015 Amended by Ord. 2015-010 §1 on 1212112015 Amended by Ord. 2015-021 §1 on 212212016 Amended by Ord. 2015-018 §1 on 312812016 Amended by Ord. 2016-001 §1 on 41512016 Amended by Ord. 2016-022 §1 on 912812016 Repealed & Reenacted by Ord. 2016-027 §1, 2 on 1212812016 Amended by Ord. 2016-005 §1 on 212712017 Amended by Ord. 2016-029 §1 on 312812017 Amended by Ord. 2017-007 §1 on 111112017 Amended by Ord. 2018-002 §1 on 112512018 Amended by Ord. 2018-005 §2 on 1011012018 Amended by Ord. 2018-008 §1 on 1012612018 Amended by Ord. 2018-008 §1 on 1012612018 Amended by Ord. 2018-008 §1 on 1012612018 Amended by Ord. 2018-006 §1 on 1112012018 Amended by Ord. 2018-011 §1 on 1211112018 Amended by Ord. 2019-004 §1 on 311412019 Amended by Ord. 2019-003 §1 on 311412019 Amended by Ord. 2019-002 §1 on 41212019 Amended by Ord. 2019-001 §1 on 411612019 Amended by Ord. 2019-010 §1 on 51812019 Amended by Ord. 2019-011 §1 on 511712019 Amended by Ord. 2019-006 §1 on 611112019 Amended by Ord. 2019-019 §2 on 1211112019 Amended by Ord. 2020-001 §26 on 412112020 Amended by Ord. 2020-003 §1 on 512612020 Amended by Ord. 2020-002 §1 on 512612020 Amended by Ord. 2020-008 §5 on 912212020 Amended by Ord. 2020-007 §1 on 1012712020 Exhibit A to Ordinance 2023-016 — Comprehensive Plan Section 23.01 Amended by Ord. 2020-006 §1 on 1111012020 Amended by Ord. 2020-009 §4 on 11/1712020 Amended by Ord. 2020-013 §1 on 1112412020 Amended by Ord. 2021-002 §3 on 412712021 Amended by Ord. 2021-005 §1 on 611612021 Amended by Ord. 2021-008 §1 on 613012021 Amended by Ord. 2022-001 §2 on 711212022 Amended by Ord. 2022-003 §2 on 711912022 Amended by Ord. 2022-006 §2 on 712212022 Amended by Ord. 2022-010 §1 on 1012512022 Amended by Ord. 2023-001 §1 on 31112023 Amended by Ord. 2022-013 §2 on 311412023 Amended by Ord. 2023-007 §19 on 412612023 Amended by Ord. 2023-010 §1 on 612112023 Amended by Ord. 2023-018 §1 on 813012023 Amended by Ord. 2023-015 §3 on 911312023 Amended by Ord. 2023-025 §1 on 1112912023 Amended by Ord. 2024-001§1 on 0113112024 Amended by Ord. 2024-003§3 on 0212112024 Amended by Ord. 2023-017§1 on 0312012024 Amended by Ord. 2023-016§3 on TBD Exhibit A to Ordinance 2023-016 — Comprehensive Plan Section 23.01 Exhibit B to Ordinance 2023-016 - Comprehensive Plan Section 4.7 10 seottw, -+.7 -FkvKaLc) CC)K&K&kA,�tu T>L61 VL Background The Tumalo Community Plan was adopted in Ordinance 2010-027 2023-016 and is hereby incorporated into this Plan as Appendix B. DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011 31 CHAPTER 4 URBAN GROWTH MANAGEMENT SECTION 4.7 RESORT COMMUNITIES Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan Deschutes County Turnalo Community Plar 2020-2040 Deschutes County Community Development Updated 2024 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan Introduction The Tumalo Community Plan (Community Plan) is an integral part of the Deschutes County Comprehensive Plan and, upon adoption bythe Board of County Commissioners, constitutes an official chapter (Section 4.7). The Community Plan may only be changed if it is reviewed through an official legislative plan amendment process. The Community Plan's goals and policies provide a decision -making guide for land use planning, capital improvements, and physical development during the next 20 years (2020 - 2040). It is anticipated that Deschutes County, Oregon Department of Transportation (ODOT), special districts, residents, and community leaders will consult the Community Plan when preparing land use or transportation projects in Tumalo. Tumalo is a small rural community located approximately three miles northwest of Bend in the center of Deschutes County. Oregon Administrative Rules recognize areas in Deschutes County like Tumalo as an "Unincorporated Community" under OAR 660-022. Of the four types of unincorporated communities identified in OAR 660-022, Tumalo is a Rural Community. OAR 660-022 states a Rural Community is a place "which consists primarily of permanent residential dwellings but also has at least two other land uses that provide commercial, industrial, or public uses (including but not limited to schools, churches, grange halls, post offices) to the community, the surrounding rural area, or to persons traveling through the area." Image: Metal Statute, Photo Credit: Deschutes County Staff 1 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan Deschutes County plans and regulates land uses in Tumalo under this legal definition. The Deschutes River and U.S. 20 bisect Tumalo. Single-family home neighborhoods, a small commercial node, as well as Tumalo Community School all lie north of the highway and west of the river. Additional commercial and industrial properties are located on the south side of the highway. This includes a more recent residential neighborhood with higher densities than previously found in Tumalo. Although this Community Plan only addresses lands within the Tumalo boundary, access to U.S. 20, local businesses, district offices, Tumalo Community School, and Tumalo State Park create a hub that attracts nearby residents and visitors. The Tumalo Community School, within the Redmond School District, had originally served children between kindergarten and 8t" grade, with an approximate attendance of 407 students in 2010. Beginning in 2020, due to decreasing student attendance numbers, the school transitioned away from a middle school model and began serving around 250 students between kindergarten and 5t" grade. The school's geographic service area extends to the outlying areas of Bend, in addition to Tumalo. just one mile away, Tumalo State Park encompasses approximately 156 acres with an addition 52 acres of contiguous surrounding land also owned and operated by the Oregon State Parks system. The park offers camping, picnicking, fishing, hiking, and wildlife viewing and hosted approximately 517,000 visitors in 2021. Its location provides an excellent place to camp while enjoying Central Oregon's surrounding amenities and year-round recreation. A 2.4-mile segment of the 12-mile Deschutes River Trail is accessible from a day -use area parking lot within Tumalo. The trail follows the Deschutes River south 1.4 miles to Riley Ranch Nature Reserve, which offers additional trails. Between 2010 and 2020, Tumalo has undergone significant changes in terms of land use activities and transportation improvements. Several artisan shops have opened along Cook Avenue, there is a thriving food cart pod, the Twin Bridges State Scenic Bikeway rolls through Tumalo, and a two-lane roundabout is due to open in 2023/24 at US 20/Cook-OB Riley intersection. The County anticipates an additional roundabout at Cline Falls Highway/Tumalo Road intersection. A small-scale sewer system has developed that serves the higher -density neighborhood in an area bounded by the south side of US 20, Bailey Road, and OB Riley Road. Based on residents' requests, the County hired a consultant to conduct a sewer feasibility study, which was conducted in 2022. The sewer feasibility study provides a high- level assessment of the costs and potential for sewer expansion throughout Tumalo as many properties are on older septic systems. The feasibility study provided information to residents on potential next steps if the community chooses to form a sewer district. Based on the changes noted above and the population growth in the community, the County determined it was time to update the 2010-2030 TCP. The County also received a Transportation Growth Management (TGM) grant to focus on bicycling, walking, and transit, aka active transportation, in Tumalo. Both efforts involved extensive coordinated public outreach. 2 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B —Tumalo Community Plan The TCP Open Houses occurred in the Tumalo Community School gym on May 11, 2022 (kickoff meeting); August 8, 2022 (draft goals and policies); and May 17, 2023 (revised draft goals and policies). Additionally, staff held Meet A Planner one-on-one sessions in Tumalo from June 13-24, 2022 and again from May 2-9, 2023. Finally, staff created public web pages and online story maps to summarize the project, conduct surveys, and provide updates. The TGM grant took a similar approach to public outreach, including a June 8, 2022, walking tour of downtown Tumalo where the public provided comments and suggestions. The TGM bike/ped/transit grant also included a story map, a website, and stakeholder advisory committee meetings. The TGM grant's recommendations for bike/ped/transit are incorporated into the TCP. 3 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan Tumalo Vicinity Map jury alojResei _I r' Tumalo State Park EM City of Bend Unincorporated Community Tumalo Vicinity Map wy`�J1ES C() 6/15/2022 L L 4 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan Tumalo Community School Student Boundary Map \sde`,4 Ueld�441unwuw�OlewrIL\saItAl a90)d\ue]d/qiunwwODOiewn,,\Gwuueld'AQJ\A7unuD\woIsn)1:N Jy�7 Y �O y r 7 yJ5�3 Q 61 Exhibit C to Ordinance 2023-016 —Comprehensive Plan Appendix B — Tumalo Community Plan Community Vision Statement Retain the livability of Tumalo as a rural small town, by ensuring safe and efficient public services and collaborating with the surrounding rural area. Tumalo residents' input crafted this community vision for 2020 to 2040. It is their intent that the Community Plan, developed in cooperation with Deschutes County, will serve as a framework to realize this vision. The community input came from several public venues. These included public open houses, one-on-one meetings with County planners, public surveys, online comments, and e-mails to County staff. Input came from people who lived within the boundaries of Tumalo as well as those who live near Tumalo and either shop or work there or send their children to school there. Notice of the first open house was mailed to every property (261 total) in Tumalo as well as flyers hung through the community. In -person open houses were held at the Tumalo Community School on May 11 and August 22, 2022, and averaged between 50 and 70 attendees at each meeting. A virtual open house and survey was held between June 29, 2022 - July 22, 2022, and gathered 55 responses related to the community vision and key issues facing Tumalo. Staff held a one-on-one engagement series called "Meet A Planner", in which community members could have a 30-minute conversation with a planner to express the key issues, challenges, and concerns facing Tumalo. Seven meetings occurred between June 20-24, 2022, either in person at Tumalo Coffeehouse or virtually. The County developed an e-mail listsery for the project updates by collecting emails through sign -in sheets at the open houses or directly via the project website. As of June 1, 2023, 181 community members subscribed for project updates. Nine total project updates were sent throughout the process to advertise in -person and online engagement events. The 2010-2030 and 2020-2040 Community Vision statements are practically identical. The only changes were directed at deletion of the hyphen in "small-town" and changing "rural community' to "rural area." The latter relates to Oregon Administrative Rule (OAR) 660-022 and how that provision clarifies that the word "community' refers to a more geographically limited area. Overall, respondents expressed a strong desire to keep the vision statement unchanged and for Tumalo to remain rural in nature. The intent to keep the community rural is consistent with OAR 660-022. A Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — TUmalo Community Plan Ik ff Mow& apift COM120%nulaoftlity 111put @D Mlay 11, 2022 Co-nmu,iit�yCpen House at Tu ma I o Co rn'T U n by School 11 ►� June 29-july 22, 2022 9 0 VirtLI31 oaen house and survey June 20-24, 2022 Weaet-a-Pa�-iner" events at Tun-alo C0ff&P-h0U5P- C) r August 22, 2022 Cc, m m u 9 ity Op e n HOUSe #2 at TU n, a I o Co rn m Li n -tV Sc h oc, I LLI,0j May 2023 Con"ImLmity,Open House at TUnalo Gammun't'y School Draft P laq Released for Corrin-un-ty Input 7 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan History Situated at an elevation of approximately 3,200 feet, Tumalo lies in the middle of the Upper Deschutes River Basin (river miles157 and 158). The commercial core of Tumalo lies on an alluvialbowl bounded by the Laidlaw Butte and the bluff of the Deschutes River,canyon. The Deschutes River bisects the community. Originally named Laidlaw, Tumalo was platted by the Laidlaw Townsite Company in 1904. However, development originally began in 1899 when the Three Sisters Irrigation Company incorporated. Under the Carey Act, they made plans for diverting water from Tumalo Creek and the Deschutes River to irrigate approximately 60,000 acres of arid land. As the town grew, it became a voting precinct in 1906, with 65 registered voters compared to Bend's 66. Out of nearly 900 platted lots, a third were sold by 1907. Town founder A.W. Laidlaw of Portland and his investors believed that Tumalo would become the heart of Central Oregon. By 1909, the Laidlaw community aspired to establish the junction of two railroads, and thereby creating a new "metropolis" in Central Oregon. There were reasons for optimism as railroad magnates James Hill and E. H. Harriman were competing to finish a rail line from the mouth of the Deschutes River to Central Oregon. Mr. Laidlaw assumed the rail line would come south, up the Deschutes River canyon, into the newly platted town. Assertions were also made that the Laidlaw community would benefit from connection to another rail line, one that followed the North Santiam River and crossed over the Cascades. Ultimately, neither of these two projects came to fruition. At the end of 1909, the Columbia Southern Railroad still ended in Shaniko, and the Corvallis and Eastern rail lines remained stalled at the foothills west of the Cascades. Both rail line projects ultimately languished for approximately 15 years. Following the announcement in 1910 that the Columbia Southern Railroad was connecting to Bend instead of Laidlaw, Bend began outpacing Laidlaw in population. As a result, Laidlaw's population decreased to 250 people, with many businesses relocating to Bend. The small town remained as Laidlaw until the Laidlaw Post Office closed in 1913. The post office eventually reopened in 1923 as the Tumalo Post Office, and the name of the town was changed to Tumalo. In those early days, Laidlaw had a weekly newspaper, a barbershop, two-story hotel, lawyers' offices, wallpaper company, bakery, feed stores and bank. Today, legacy buildings include the Laidlaw Bank and Trust Property and Tumalo Community Church. 8 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B —Tumalo Community Plan Land Use The 1979 Deschutes County Comprehensive Plan designated Tumalo as a Rural Service Center because it contained a concentration of residential and commercial properties. A 1979 inventory showed Tumalo consisting of 491 acres and 288 tax lots. In 1994, the Oregon Land Conservation and Development Commission adopted a new Oregon Administrative Rule for unincorporated communities, instituting new land use requirements for Tumalo (OAR 660, Division 22). As part of periodic review, in 1997 Deschutes County updated its Comprehensive Plan and implemented zoning regulations to comply with these state requirements. Based on public input, Tumalo's boundary was amended to accommodate 504.11 acres and 321 tax lots. A 1999 amendment removed three tax lots that were accidentally included, leaving Tumalo with 318 tax lots as inventoried during the County's 2010 update to the Tumalo Community Plan. Deschutes County Code (DCC) 18.67 implements land use zoning in Tumalo while DCC 18.67 Table A sets road standards. Since the 2010 Deschutes County Comprehensive Plan update, including updates to the Tumalo Community Plan, the total number of tax lots has increased to 361. The increase in tax lots can be attributed to land use patterns in the area including land divisions, property line adjustments, and property -specific tax lot review related to the original Laidlaw Town Plat. Population and Demographic Data Single-family residences are the predominant land use in Tumalo. Tables 1, 2 and 3 cite Deschutes County Assessor data and an adopted 20-year population forecast to estimate Tumalo's 2021, future build out, and 2040 population. Table 1 - 2021 Tumalo Population Estimate Deschutes County 2020 Census (Persons Per 2021 Population Housing Units * House) Estimate 232 2.47* 574 *2021 Assessor's *2020 Census Data Data Table 2 - Tumalo Proiected Build Out Deschutes County Future Potential 2021 Population Census Population on Build Out Dwel2020 *g (persons Per Undeveloped Population Units Units House) Lots 574 101 2.47 `250 824 *Assessor's Data 2021 17 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan Tumalo Vacant Parcels and Projected Build -Out Map (2020) vacant Built Out wy z 6/15/2022 10 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan Table 3 - Tumalo Population Forecast Year Forecasted Population Average Annual Growth Rate (AAGR) 2021 574 2.2% 2022 587 2.2% 2025 -600 _ 2.0%_ 2030 612 1.7% 2035 622 1.5% 2040 631 1.3% 2045 639 1.2% 2047 647 1.1 % 2050 654 1.1 % 2055 661 1.1 % 2060 669 1.1 % 2065 676 1.1 % 2070 684 1.1 % 2072 691 1.1 % County Population Forecast (Portland State University, 2022) Tumalo's projected population for 2040 is 631. This projection is extremely conservative due to limited wastewater infrastructure discussed below in Public Facilities and Services. As Table 2 illustrates (and further detailed in Table 6), a vacant lands inventory performed in 2021 identified 105 undeveloped residential lots capable of supporting up to 101 potential dwelling units. If all 105 undeveloped lots become developed and household unit size remains at 2.47, Tumalo's population would increase by 250 people, bringing its total to 824. Under this scenario, Table 3 shows that full build out would not occur until after 2072. Since the 2020 Tumalo Community Plan adoption, Tumalo and the surrounding Countyjurisdiction are projected to experience the compounding factors of an aging population and a notably lower fertility rate. The age and fertility data combined with an overall expectation for increased population within cities and other sub -areas of Deschutes County results in a lower average annual growth rate than previous years. Other factors potentially affecting the relatively low forecasted population growth rate include housing availability and affordability challenges, the heightened cost of living, and the detrimental impacts of regional wildfires. Race and Ethnicity Tumalo is a predominantly white community, though the population growth over the past 10 years has seen an increase in racial and ethnic diversity, primarily among Hispanic or Latino community members. The percentage of Hispanic or Latino community members has increased from 3.3% (2010) to 6.6% (2020) of the total population. For the purposes of providing race and ethnicity data for Tumalo, population counts for the Tumalo Census Designated Place (CDP) are utilized below in Table 4, rather than the County's population estimate provided in referenced Tables 1 and 2. The most significant difference between 11 Exhibit C to Ordinance 2023-016 -- Comprehensive Plan Appendix B — Tumalo Community Plan 2010 and 2020 is seen in the "White alone" single -race individuals, with the percentage of individuals decreasing from 93.2% of the total population (2010) to 88.5% (2020). Table 4 - Tumalo CDP Race and Ethnicitv (2010 and 2020) Tumalo (2010) Tumalo (2020) TotalPopulation: 488 558 Hispanic or Latino 16 (3.3%) 37 (6.6%) Not Hispanic or Latino: 472 (96.7916) 521 (93.491o) Population of one race: 460 (94.39,66) 506 (90.7916) White alone 455 (93.2916) 494 (88.5916) Black or African American alone 1 (0.2916) 1 (0.2916) American Indian and Alaska Native alone 3(0.6916) 6 (1.1 %) Asian alone 1 (0.2916) 2(0.4916) Some Other Race alone 0 3 (0.5%) Two or More Races: 12 (2.5%) 15 (2.7916) Population of two races: 6(1.2916) 12 (2.2%) White; Black or African American 1 (0.2916) 1 (0.2916) White; American Indian and Alaska Native 3 (0.6%) 6(1.1916) White; Asian 2 (0.4%) 0 White; Some Other Race 0 4 (0.7%) Asian; Native Hawaiian and Other Pacific Islander 0 1 (0.2916) Population of three races: 6 (1.2%) 3 (0.5%) White; Asian; Native Hawaiian and Other Pacific Islander 6 (1.2%) 3 (0.5%) 2010 and 2020 US Decennial Census, Tumalo CDP-specific data 12 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan Tumalo Census Designated Place (CDP) Map Tumalo Census Designated Place Tumalo unicorporated Community w�c1VF 1s c0G2 11.02 0 < 6.02 6/23/2022 13 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan Land Use Designations and Inventory Deschutes County Comprehensive Plan designations identify general land uses for the community of Tumalo and provide the legal framework for establishing zoning districts. Zoning regulates land uses that are allowed in each respective district. Table 5 lists Tumalo comprehensive plan designations and corresponding zoning districts. Table 6 summarizes existing property inventories within those zoning districts, including those properties that may be encumbered by multiple zones. Detailed descriptions of the Tumalo Comprehensive Plan designations are provided below. Table 5 - Tumalo Land Use Designations Comprehensive Plan Designations Zoning Districts Commercial (TuQ Commercial District (TuQ Floodplain (FP) Floodplain (FP) Industrial (Tul) Industrial District Jul) Research and Development (TORE) Research and Development District (TURE) Residential (TuR) Residential District (TuR) Residential 5 Acre Minimum (TUR5) Residential Five Acre Minimum District (TUR5) Table 6 - Tumalo Land Use Inventory Zone Residential Units / Number of Lots Commercial & Industrial Developments / Number of Lots Undeveloped Parcels Total Number of Parcels TUC 43 Units /36 Lots 31 Buildings / 28 Lots 51 115 TUR 80 Units / 78 Lots 18 96 TUR/TUC 3 Units / 3 Lots 2 5 TUR/FP 27 Units / 27 Lots 10 37 TU R5 S7 Units /° 54 Lots 12 66 TUR5/FP 27 Units / 24 Lots 8 32 TURE 1 Building / 1 Lot 1 2 TUI 13 Buildings / 5 Lots 1 6 FP 2 2 Tota 1 237 Units / 222 Lots 45 Buildings / 34 Lots 105 361 Assessor's Data 2021/2022 Commercial (TUC). A "Commercial" designation allows a range of limited commercial and industrial uses to serve Tumalo and the surrounding area. In general, the designation extends north from the approximate intersection of Riverview Ave and Cedar Lane (bound by U.S. 20 to the west) to 3rd Street between Wood and Wharton Avenues. Commercial lands 14 Exhibit C to Ordinance 2023-016 —Comprehensive Plan Appendix B — Tumalo Community Plan also comprise an area west of U.S. 20 between 51h and 81h Streets, bound on the west by Strickler Ave and Bailey Road. This designation was originally intended to accommodate a mixture of small-scale commercial and limited industrial uses that historically existed within the community. The core commercial area initially encompassed lands adjacent to Cook Avenue, north of U.S. 20. The designation was ultimately expanded between Cook and Wharton Avenues, extending south to U.S. 20. This area includes the 'Tumalo Mall," an existing commercial and retail complex. The use of this building received authorization as a nonconforming use in 1986 and site plan alterations in 1987 and 1988. These land use actions brought the existing uses and structures into compliance with the commercial zone. Currently, the core commercial area supports a variety of uses and development including cideries, a food cart pod, a greengrocer, the Tumalo Country Store gas station and general store, Tumalo Irrigation District office, a veterinary clinic, a second commercial complex at the intersection of 4th Street and Cook Ave, the Historic Tumalo Church buildings, vacant property owned and maintained by the Tumalo Community School, and a boutique leather goods manufacturer. The majority of these uses and structures have received land use approval within the past four years. The Tumalo commercial zoning district also allows for limited residential development and uses. Photo: The Bite Food Cart Pod, Photo Credit: County Planning Staff 15 Exhibit C to Ordinance 2023-016 -- Comprehensive Plan Appendix B — Tumalo Community Plan Floodplain (FP). A "Floodplain" designation protects the public and private property from hazards associated with floodplains; conserves important riparian areas along rivers and streams for fish and wildlife resources; and preserves significant scenic and natural resources. This designation follows the channel of the Deschutes River that bisects Tumalo. The areas of special flood hazard are identified by the Federal Insurance Administration in a report titled Flood Insurance Study for Deschutes County, Oregon and Incorporated Areas. This report was revised in September 2007, and includes accompanying Flood Insurance Rate Maps. The Flood Insurance Study is on file at the Deschutes County Community Development Department. In 2020, the Deschutes Basin Habitat Conservation Plan (HCP) was finalized and approved by the U.S. Fish and Wildlife Service, The HCP, which is a 30-year plan, was part of an application for an Endangered Species Act incidental take permit (ITP) that authorizes incidental take, aka death, of listed species (Oregon spotted frog, bull trout, steelhead trout, and sockeye salmon) caused by covered activities. Based on the HCP, Wickiup Reservoir will alter its operation to improve conditions in the Deschutes River between the reservoir and Bend. The minimum flow will be 100 cubic -feet per second (cfs) in Years 1 through 7,300 cfs in Years 8 through 12, and 400 cfs (with provisions for up to 500 cfs) in Years 13 through 30. These increases in winter flows will likely change floodplain patterns within range of the Tumalo community. Additionally, enhanced lidar terrain data derived from the Oregon Department of Geological and Mineral Industries (DOGAMI) may indicate a changing floodplain component of the Deschutes River within Tumalo. The existing FP zoning district is subject to goals and policies within this community plan and the Comprehensive Plan, are directed at producing the most accurate floodplain data possible for the Tumalo community. Industrial (TUI). An "Industrial' designation allows a limited range of industrial uses to serve Tumalo and the surrounding area. The designation recognizes nonconforming industrial uses and properties suitable for limited amounts of additional industrial development. This designation is concentrated around the Knife River operation, which is technically outside of Tumalo, that fronts O.B. Riley Road and U.S. 20 and includes warehouse uses, mini -storage facilities, and other industrial -related development and uses. Research and Development (TURF). A "Research and Development' designation allows research and development facilities requiring a more rural, non -industrial location to be sited in Tumalo. This designation contains two parcels in one ownership located on the southeast slope of Laidlaw Butte. It was originally created to accommodate a research and development site and associated uses predating Deschutes County's 1979 zoning ordinance. Residential (TUR). A "Residential' designation allows a mixture of housing types and densities suited to the level of available water and wastewater facilities. The purpose of this zoning district is to allow new residential development that is compatible with the rural character of the area. Originally, the residential district boundary coincided with the boundary of the old Laidlaw Plat including the Deschutes River Homesites platted between Riverview Avenue and 16 Exhibit C to Ordinance 2023-01.6 — Comprehensive Plan Appendix B — Tumalo Community Plan the Deschutes River. Today, it also includes the area surrounding the Knife River aggregate site south of U.S. 20. Residential 5-Acre (TUR-5). A "Residential 5 Acre Minimum" designation retains large rural residential lots. The lands designated Residential-5 acre minimum include the larger parcels east of the Deschutes River and the southeast from Laidlaw Butte. 17 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan Tumalo Comprehensive Plan Map ;i IVI Iff Mill Tumalo Comprehensive Plan 2020 FP- Flood Plain TUC -Tumalo Commercial cX\ [S COG TUR5 - Tumalo Residential 5 Acre w ? Minimum TURD TUmdlo Research & Development TURM - Tumalo Residential - Medium Density 6/15/2022 18 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan Tumalo Zoning Map �00 ` 71 Feet ®TUC - Commercial Tumalo Zoning Map 2020 TUR - Residential 0wn TUR5 - Residential 5 Acre MinimumTURE - Research & Development TUI - Industrial 6/15/2022 A J i 19 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan Relevant Studies and Planning Processes The Tumalo Community Plan, as a subset of the Deschutes County Comprehensive Plan, relates directly to other relevant county plans and policies. These plans and policies include, but are not limited to, the County Transportation System Plan (TSP), Tumalo Active Transportation Planning efforts, and a Tumalo sewer feasibility study. The TSP is a long-range plan that identifies improvements to the County's transportation facilities and services to accommodate projected population and employment growth within the County over a 20-year period. The Tumalo Active Transportation update is an effort to update the transportation element of the Tumalo Community Plan, specifically regarding active transportation such as biking, pedestrian access, and public transit. The Tumalo Sewer Feasibility Study is a consultant -led study to evaluate three potential sewer options for Tumalo. The graphic below illustrates how these various plans interact with one another and fit within the larger regional planning efforts. Public Facilities and Services Tumalo is served by six special districts: Laidlaw Water District; Deschutes County Rural Fire Protection District #2; Redmond School District; the Tumalo Town District Improvement Company, Tumalo Irrigation District (via the Rimrock Water Improvement District), and Swalley Irrigation District. Tumalo's public facilities and services are described below in greater detail. Domestic Water The Laidlaw Water District serves the area identified as the old Laidlaw Plat, and the area described as T16S R12E section 29 (W1 /2 SW1 /4), section 30 (E1 /2 SW 1 /4), (SW 1 /4 SE 1 /4), 20 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan and section 31(NE1/4, N1/2 SE1/4), near Beaver Lane to the north of the core Tumalo community area. The power and authority given to Laidlaw Water Supply District as a government entity is vested and exercised by a board of commissioners, each of whom is an elector of the district. These commissioners have the authority under ORS Chapter 264 to determine rates and the type and extent of water supply facilities. Deschutes County coordinates with the Laidlaw Water Supply District when a property owner initiates a land use application within their district through noticing and the solicitation of agency comments. During the land use process, Laidlaw Water Supply District identifies conditions they will impose on the development proposal. The Laidlaw Domestic Water District currently depends on three groundwater wells. The District's groundwater source does not exceed current EPA maximum contaminant limits. No treatment is performed, and none has been required by the Oregon Health Authority. Properties in Tumalo, but located outside Laidlaw District boundaries, rely on private domestic wells for drinking water. State law, Oregon Revised Statute 537.545, exempts private wells if domestic consumption is less than 15,000 gallons per day and irrigation of a lawn or noncommercial garden is less than one half -acre. Wastewater Tumalo does not have a community -wide wastewater facility. Instead, land uses in Tumalo currently rely on on -site wastewater systems, ranging from newer alternative treatment technologies (ATT) and filter systems, to older drainfields. Onsite systems in some cases, are insufficient and improper for a development site. According to the Deschutes County Onsite Wastewater Division, most of Tumalo's soils are rapidly draining, with rapid or very rapid permeability. Given these soil characteristics, standard septic systems can only be sited on lots greater than an acre. Smaller lots, between a half -acre and an acre are obligated to site more expensive onsite systems such as sand filters and ATTs. Additionally, there are circumstances in Tumalo where certain lots cannot be developed or redeveloped because they are too small or lack sufficient area to meet setback requirements for septic system drainfields. Deschutes County zoning regulations restrict the type and intensity of allowed land uses to those which can be served by an Oregon Department of Environmental Quality (DEQ) approved onsite wastewater disposal system. The County does not allow uses or densities that are unable to obtain a permit for a DEQ approved onsite system. In addition, County zoning regulations set minimum lot sizes to ensure the onsite systems do not exceed soil capacity of treating wastewater effluent. These circumstances have prompted residents and business owners to express support for exploring funding opportunities to establish a community wastewater facility to maintain surface and groundwater quality. The exception to the above is a small, privately owned wastewater system (Tumalo Property Owners Association or TPOA) that was approved in 2018 to service a compact residential development on the south side of U.S. 20 between essentially Bailey Road and O.B. Riley 21 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan Road. This private system also serves a strip mall and several other small businesses on that same south side of U.S. 20. TPOA is a Septic Tank Effluent Pumping (STEP) system, meaning biosolids are pretreated, placed in a septic tank, then the effluent is pumped into a pressurized pipe and sent up to a holding tank located on property owned by the Laidlaw Water District. In 2022, at the request of property and business owners in Tumalo, Deschutes County, used American Rescue Plan Act monies to fund a feasibility study to evaluate possible ways to provide sewer service to Tumalo. The County selected the engineering firm Murraysmith (later absorbed by CONSOR) to perform the wastewater feasibility study with the results presented to the Board on December 21, 2022.' The feasibility study reviewed the following scenarios, all of which would require crossing U.S. 20: 1. Expand the TPOA system; establish a separate collection and treatment system within Tumalo; 2. Install a collection and disposal system in Tumalo with a connection to the City of Bend's North Interceptor line at Cooley Road/U.S. 20. The feasibility study included additional concepts related to scale and/or phasing such as: 1. Providing service to only the commercial core along Cook Avenue; 2. Providing a larger system that would serve the Tumalo commercial core and residential areas west of the Deschutes River and north of U.S. 20. The feasibility study provided cost estimates for construction and hook-up fees and monthly bills. The amounts vary widely depending on number of lots served, amount of grant funds acquired, connection fees, and monthly bills. Community members have expressed concerns about being required to hook up to the system when a) their septic system begins to fail and b) the private system is within 300 feet or less to their property line and legally available. Staff received a massive stream of public comments expressing opposition toward a private system expanding into Tumalo and concerns about the private system being able to charge onerous fees to connect to the system. A smaller group, primarily those with commercial properties along Cook Avenue, supported the development of a sewer system. The sewer feasibility study documented the estimated costs and timelines for a sewer system. Ultimately, whether a sewer authority is created, and a sewer system is provided in Tumalo will be a decision for the community, not the County. 1 https://online-voice.net/tumaloseweroptions/ 22 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B —Tumalo Community Plan The formation of a sewer district is not a land use action and thus is outside the scope of the TCP. However, based on massive public input during the various TCP open houses, the TCP has added policy language specific to sewers. Emergency Services The Deschutes County Rural Fire Protection District #2, governed by an elected five -member volunteer Board of Directors, was established in 1952 to provide fire prevention, protection, and suppression services to residents living outside municipalities and areas not already served by established fire protection districts. In 1991, the district added emergency medical services. Today, District #2 covers approximately 140 square miles of suburban and forested land surrounding Bend and serves approximately 25,000 constituents. The average population of the district greatly increases seasonally due to tourism. The actual delivery of fire and emergency medical services to district constituents is provided through a contract with the City of Bend Fire Department. Station 302 is located on 4t" Street in Tumalo. The station was originally built in the early 1970s and a new building was constructed in 2019 to the immediate east. The station is staffed with an advance life support -equipped fire engine, brush/interface pumper, and an ambulance. 23 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan Irrigation Water Tumalo Town District Improvement Company (also known as the Tumalo Town Ditch Company) draws irrigation water based on three water right certificates with priority dates of 1904, 1905, 1938, 1950 and 1952. The system consists of a three-mile ditch that begins near the bridge at Tumalo State Park, parallels the river, crossing Bailey Road at the Tumalo Feed Company Restaurant, then continuing under U.S. 20 to the commercial district. The ditch serves approximately 43 customers and is used for irrigating lawns and gardens2. North of the Tumalo commercial core, within the unincorporated community boundary, is a small residential enclave centered around Beaver Lane located within the Rimrock Water Improvement District. This District is owned and managed by a private water patron who distributes purchased water deliveries from Tumalo Irrigation District (TID) to the residential properties within this residential area. TID, first established through the construction of canal infrastructure in 1883 and organization as a district by 1922, diverts water from Tumalo Creek below Shevlin Park and the Deschutes River near Pioneer Park, with additional water storage through the Crescent Lake impoundment system. TID serves approximately 7,400 acres of irrigated lands to support livestock, hay, alfalfa, garlic, lavender and other crops and farm uses3. There are approximately 685 customers served by TID. East of the Deschutes River, within the Tumalo unincorporated community boundary, are properties located within the Swalley Irrigation District. Swalley draws water based on a prioritywater right certificate dated September 1, 1899, and was incorporated as a municipal irrigation district in 1994 after 95 years of private ownership and operation. Swalley Irrigation District currently serves approximately 4,333 acres of irrigated lands around the vicinity of Tumalo, east of the Deschutes River and west of Highway 97. There are approximately 668 customers served by the Swalley Irrigation District. Recreational Trail The Bend Metro Park and Recreation District (Park District) provides parks, trails and recreation programming for residents encompassing the Bend Urban Area. Tumalo is located outside the district boundary by approximately two miles. However, the Park District does have recreational interests that extend outside its current boundary. In 2002, the Park District and the City of Bend collaborated on the development of the Deschutes River Trail (DRT) Action Plan. This plan identified the desire to complete the Deschutes River Trail through Bend and connect it on both ends to destinations outside the urban area. The development of the Riley Ranch Nature Reserve between O.B. Riley Road and the Deschutes River at the north end of Bend has helped extend the DRT. The ultimate northern extent of the planned DRT follows the Deschutes River from the Bend Urban Growth Boundary to Tumalo State Park and on to Tumalo. The Park District continues to work with private property owners and the Oregon State Parks and Recreation Department in an ongoing z https://www.tumalo.org/files/98649cf93/Water+User%27s+Handbook.pdf 3 https://www.tumalo.org/about-us 24 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B —Tumalo Community Plan effort to assemble a continuous publicly owned corridor for the trail. Fortunately, the portions of the trail corridor closest to Tumalo are already in public ownership. The Park District and the County support the development of this trail corridor between Tumalo and Tumalo State Park as a hard -surfaced shared -use path that utilizes the current grade - separated crossing underneath the U.S. 20 bridge on the west bank of the Deschutes River, The State Historic Preservation Office (SHPO) has identified archeological resources that will need to be protected during the trail's construction and usage. ODOT in 2022-23 is building a bicyclist/pedestrian-only underpass at U.S. 20/4th Street to make crossing the highway much easier. This multiuse path will connect to Bailey Road. The existing Twin Bridges State Scenic Bikeway would also utilize this shared -use path instead of the U.S. 20/Bailey-7th intersection as it does currently. Transportation Tumalo requires a transportation network that provides safe and efficient through movements for traffic traveling on U.S. 20. Equally important is maintaining local access to residential and commercial areas, as well as the Tumalo Community School. U.S. 20 runs diagonally east -west through Tumalo and contains two travel lanes and a center turn lane. Its volumes and speed make north -south street connections challenging. ODOT has a two- lane roundabout at U.S. 20/Cook-O.B. Riley programmed for construction in 2023. The roundabout will add sidewalks along U.S. 20 for several hundred feet as well as along O.B. Riley and Cook. The roundabout will help lower speeds on U.S. 20, which is now posted at 45 mph down from the earlier posting of 55 mph. There are three access points to U.S. 20: 5th Street; 7th Street/Bailey Road; and Cook Avenue/O.B. Riley Road. The first two have turn restrictions and only Cook/O.B. Riley will allow all movements. Within Tumalo, there are several paved and unpaved streets, totaling approximately 4.7 miles. Average daily traffic (ADT) counts measured the following vehicles: • 5th Street recorded 3,118 ADT (2022) • Bailey Road, 1,234 ADT3 (2022) • Cline Falls Hwy, 4,039 ADT (2022) Cook Avenue, 6,697 ADT (2022) Tumalo Road, 3,753 ADT (2022) • O.B. Riley, 2,061 ADT (2022) U.S. 20, 0.10 miles east of Cline Falls Hwy, 10,276 ADT (2021) • U.S. 20, 0.10 miles west of Cline Falls Hwy, 6,837 ADT (2021) To protect the function of a highway, it is often necessary to limit access and control turning movements. ODOT limited the movements at U.S. 20/Bailey-7th to right -in, right -out only (RIRO) for 7th and RIRO and left -in at Bailey. There is also a raised refuge for bicyclists and pedestrians at U.S. 20/Bailey-7th. The two-lane roundabout will make U.S. 20/Bailey-7th into 25 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B —Tumalo Community Plan a RIRO intersection and Cook/81" will become a RIRO intersection as well. This will reduce the number of conflict points at these intersections. A conflict point is a location where vehicles turning or passing through can collide. By restricting turn movements or redirecting property access to side streets or alleys, the number of crashes on the highway and the local road system can be lowered. Implementing additional measures such as traffic calming, improved pedestrian crossings, or reducing the travel speed on the highway can benefit an entire community. The County continues to provide sidewalk infill through both transportation improvements and requirements tied to land use approvals. Cascade East Transit (CET) master plan calls for examining a transit stop in Tumalo. Due to ADA requirements, the transit stop must be accessed via sidewalks. The current intent is to have the stop on Bruce Avenue between 51n and 71" once there is sidewalk. The only change to the functional classification system was changing Cook Avenue from a collector to an arterial in the 2010-2030 Transportation System Plan (TSP). am Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan if Fire Departments Rural Fire District #2 Rural Fire Protection District #2 Map Tumalo Fire District leV1VS C'0 o < 6/23/2022 27 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan Surrounding Land Uses Residents outside Tumalo identify with the area because it is where many buy certain goods and services, send their children to Tumalo Community School, attend church, or otherwise convene with other community members. The following Comprehensive Plan designations and related zoning districts are within a mile of the formal Tumalo unincorporated community boundary. Agriculture An "Agricultural" designation and Exclusive Farm Use (EFU) zone protect farmlands in Deschutes County pursuant to Statewide Planning Goal 3 (Agricultural Lands). As discussed in the Agricultural Lands Section of the Comprehensive Plan, protecting farmlands is one of the primary goals of Oregon's land use system. When the Comprehensive Plan was first adopted in 1979, there was general consensus for an agricultural goal: "To preserve agricultural land in Deschutes County for the production of farm and forestry products, as well as the public need for open space." In 1992, Deschutes County completed a farm study report. The purpose of the study was to ensure that EFU zoning and standards for farm divisions and dwellings were consistent with Goal 3 and relevant administrative rules. The study found that farms in Deschutes County usually contained irrigated and non -irrigated land, as well as soils of different classes. The study identified seven agricultural subzones. For each subzone, standards determined minimum parcel sizes for farm divisions to protect the commercial agricultural land base. The subzone immediately adjacent to Tumalo is the Tumalo/Redmond/Bend subzone (EFUTRB). The minimum acreage for this subzone is 23 acres of irrigated land. Approximately 2.5 miles farther east, there are approximately fourteen (14) Alfalfa area subzone parcels (EFUAL) that allow a minimum of 36 acres of irrigated land. The EFUAL subzone parcels are intermixed with EFUTRB subzone parcels. Since the latest Tumalo Community Plan update in 2010, there have been increased numbers of land divisions approved in the vicinity of Tumalo, some of which are designed to support both nonfarm and farm -related dwellings and accessory structures. Home Occupations, or home -based business uses have become increasingly common within the surrounding EFU lands. In addition to the increasing number of approved land divisions, EFU dwellings, and Home Occupations, the EFU lands surrounding Tumalo have also seen an increase in marijuana and hemp -related farm uses and structures since the statewide legalization of recreational marijuana and the passage of the 2018 farm bill allowing hemp production. Please refer to the Agricultural Lands section of the Comprehensive Plan for more details about agricultural land in Deschutes County. m Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan Rural Residential A "Rural Residential Exception Area" designation and corresponding Multiple Use Agriculture (MUA-10) zone apply to lands for which Deschutes County justified an "exception" to Statewide Planning Goal 3. Multiple Use Agriculture applies to agricultural lands that have been demonstrated to be unsuitable for commercial farming, but retain enough agricultural practices that are compatible with rural development. The minimum lot size for new subdivisions in this zoning district is ten acres. There are several MUA-10 subdivisions within a mile of Tumalo. Approximately one-half mile south of Tumalo lies the Cascades Academy, located on MUA-10 zoned property. Cascades Academy is a pre -kindergarten through 121" grade independent private school4. Surface Mining Located just outside Tumalo, a "Surface Mining' designation and corresponding Surface Mining (SM) zone authorize surface mining activities. This district allows development and use of mineral and aggregate resources consistent with Statewide Planning Goal 5 (Natural Resources, Scenic and Historic Areas, and Open Spaces). It applies to two properties in the immediate vicinity, one at the north end of Tumalo, west of the Deschutes River and the other, adjacent to U.S. 20 and bisected by O.B. Riley Road, known as the Knife River operation. The Knife River properties are allowed through a limited combining zone to store, crush, process, sell and distribute aggregate minerals. One additional surface mine designated property of approximately 75 acres is located 1 mile south of the Tumalo community boundaries. Flood Plain Several properties within the Tumalo unincorporated community and multiple parcels to the south and north are located within the Flood Plain Zoning District. These parcels are exclusively associated with the Deschutes River corridor and surrounding low-lying areas. The purpose of this zoning district is to protect the public from the hazards associated with flood plains; to conserve important riparian areas along rivers and streams for the maintenance of the fish and wildlife resources; and to preserve significant scenic and natural resources while balancing the public interests with those of individual property owners in the designated areas. Given the purpose of the zoning district, a majority of the flood plain designated areas outside of Tumalo are maintained as open spaces or otherwise undeveloped land, including portions of Tumalo State Park. 4 https://www.cascadesacademy.org/about 29 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan Open Space & Conservation Approximately one-half mile south of the Tumalo commercial core are properties within an "Open Space & Conservation" Zoning District, largely associated with the boundaries of Tumalo State Park and the contiguous Riley Ranch Nature Reserve, further south along the Deschutes River corridor. The purpose of this zoning district is to protect designated areas of scenic and natural resources; to restrict development in areas with fragile, unusual or unique qualities; to protect and improve the quality of the air, water and land resources and to plan development that will conserve open space'. Photo: Tumalo State Park, Photo Credit: Hike Oregon 5 DCC 18.48.010 30 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan Conclusion The TCP is the result of extensive outreach and interaction between staff and residents, business owners, property owners in Tumalo, and those who live near Tumalo and shop, recreate, or send their children to school there. Nearly unanimously, respondents spoke of their deep affection for Tumalo and a sense of place. They valued the rural feel of Tumalo and appreciated the small-scale commercial core. Often they expressed a fear of not wanting Tumalo to become like Sisters or to be engulfed by Bend. In updating the TCP, staff worked to balance the oft -expressed desire by the public for Tumalo to experience little to no change with a State land use system and County code that anticipates and legally must accommodate development. The Comprehensive Plan designations and the zoning designations for Tumalo in DCC 18.67 remain unchanged. Any application to amend the Comprehensive Plan or zoning designation would require public hearing before both the Deschutes County Planning Commission and the Board of County Commissioners. Those potential plan amendments and/or zone changes would have to demonstrate consistency with both the Comprehensive Plan and the TCP. The TCP polices respond to public input regarding protecting the Deschutes River, concerns about the costs and timing of a future wastewater treatment system, the worries about traffic volumes, and the desire to protect the community and maintain its livability. 31 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan Goals and Policies The following policies are designed to address issues specific to the Tumalo Rural Unincorporated Community. The policies supplement existing Comprehensive Plan policies and were developed from input received by community members, stakeholders, and input from relevant agency partners. The following policies and policies are designed to address issues specific to the Tumalo Rural Unincorporated Community. The policies supplement existing Deschutes County Comprehensive Plan policies and were developed from input received by community members, stakeholders, and input from relevant agency partners. Community Vision Statement Retain the livability of Tumalo as a rural small town, through safe and efficient public services and collaborating with the surrounding rural area. Land Use Goal Continue to implement a clear and transparent planning process and policy framework reflective of the community's small-town rural character. Land Use Policies 1. Conform land use regulations to the requirements of Unincorporated Communities as defined in OAR 660 Division 22 or any successor. 2. Ensure County plans and land use regulations comply with state requirements for agricultural uses in the Exclusive Farm Use (EFU) zones. 3. Encourage the preservation of historical structures such as the Tumalo Community Church (1905) and the Laidlaw Bank and Trust (1910). 4. Review the Tumalo Community Plan periodically to determine if it meets the current and future needs of the area. 5. Encourage residents and community groups to reach out to Deschutes County for updates and information. 32 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan Natural Resources, Open Space, and Recreation Goal Support the preservation and conservation of natural resources, cultural resources, and open space while providing ample and diverse opportunities for recreation. Natural Resources, Open Space, and Recreation Policies 1. Continue to support Tumalo as a regional bicycle destination. 2. Support community and agency partners in planning and development of a multiuse trail system from Tumalo State Park to Tumalo. 3. Encourage consolidation of designated access points to the Deschutes River and education of trail users to preserve riparian areas. 4. Encourage voluntary designation of open space and public access to Deschutes River on adjacent private properties. 5. Provide County perspective and support for community -based restoration projects to protect the health and vitality of the Deschutes River and its tributaries. 6. Preserve publicly owned lands along the Deschutes River as designated open space. 7. Collaborate with public, private, and nonprofit organizations on infrastructure improvements near recreation areas including formal river access points, wayfinding signage, lighting, or sanitary facilities. 8. Support community efforts to designate the segment of the Deschutes River through Tumalo as an Oregon Scenic Waterway for its recreational values. 9. Coordinate with community partners on the development of a trails and recreation master plan. 10. Support community -led efforts to address concerns regarding recreational use of and impacts to the Deschutes River and its floodplain. 11. Coordinate with community partners on efforts to designate new parks and maintain local parks. 12. Encourage preservation or improvement of groundwater quality and the conservation of groundwater supplies. 13. Provide public educational outreach on the importance and benefits of water conservation, encouraging low water use, and drought tolerant landscaping. 33 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan 14. Encourage Tumalo to become a fire -adapted community through the Firewise Program. Residential Area Goal Maintain the small-town character and feel of Tumalo, while accommodating the community's residential growth. Residential Area Policies 1. Encourage density and design features that are compatible with existing development. 2. Permit livestock in the residential districts subject to use limitations. 3. Plan and zone for a diversity of housing types and densities suited to the capacity of the land to accommodate water and sewage requirements. 4. Explore legislative changes to limit multi -family housing to 4 units in Tumalo. Economic Development Goal Retain the economic vibrancy of Tumalo's historic core and industrial areas while providing economic development opportunities that are compatible with the small town rural character of the community. Economic Development Policies 1. Encourage design standards in the commercial district so new development is compatible with the rural character of the community and reduces negative impacts on adjacent residential districts. 2. Explore alternatives to the solar setback standards for development within the commercial zoning districts of Tumalo. 3. Allow residential uses and mixed residential/commercial uses, without inhibiting future commercial development opportunities in the Commercial Zoning Districts. 4. Support economic development initiatives and tourism in the Tumalo area. 5. Allow for existing and future uses without producing adverse effects upon water resources or wastewater disposal. Coordinate with relevant agencies to ensure industrial uses meet requirements for water availability and wastewater disposal. 34 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan 6. Limit industrial activities to low -impact uses that rely on rural resources as defined in OAR 660-004-0022(3)(a). 7. Limit industrial activities to low -impact uses that rely on rural resources as defined in OAR 660-004-0022(3)(a). 8. Encourage opportunities for public art in Tumalo. Public Facilities Goal Ensure irrigation, domestic water, wastewater, and other utility systems are safe, efficient, and economical. Public Facility Policies 1. Consider water and wastewater capacity when assessing development capabilities on individual lots in Tumalo. 2. Promote efficient water and wastewater systems in new development to manage water resources carefully. 3. Encourage early planning and acquisition of sites needed for public facilities. 4. Support replatting of lots in the area comprising the Laidlaw Plat and other lands designated commercial to create lots large enough to accommodate a DEQ approved on -site sewage disposal system, or connection to a public sewer system if available, consistent with the findings of the Tumalo Sewer Feasibility Study (2022). 5. Coordinate with local Irrigation Districts and the Tumalo Town Ditch to avoid adverse effects on their infrastructure and distribution systems. 6. Maintain efforts to ensure the Tumalo domestic water system complies with public health regulations and state and federal water quality regulations. 7. If Tumalo residents initiate district formation, coordinate with the residents and business owners on the creation of a public sewer district. 8. Explore legislative approaches to preclude non -voluntary connections to private sewer systems. 9. Explore with Department of Environmental Quality (DEQ) to determine whether a property owner can record a land use provision stating a private sewer is not lawfully available under Oregon Administrative Rule (OAR) 340-040-0160 unless the land owner voluntarily consents to the connection. 35 Exhibit C to Ordinance 2023-016 -- Comprehensive Plan Appendix B — Turnalo Community Plan 10. Prohibit private sewers in Tumalo, unless the property owners of the lots in the Laidlaw Plat, Deschutes River Tract, and Deschutes River Homesite Rimrock Addition form a district and vote on the issue. Transportation Goal Provide a safe and efficient system for all modes of transportation, including bicycle, pedestrian, and transit, to support local economic development, recreational uses, and community health. Road Network Policies 1. Periodically review the Transportation System Plan policies and standards for Tumalo to reflect best practices. 2. Periodically review existing roadway design requirements to ensure complete streets which accommodate all modes of travel. 3. Collaborate with the Oregon State Police and Deschutes County Sheriff's Office to address speeding within Tumalo. 4. Encourage ODOT to use its "Blueprint for Urban Design" for U.S. 20 projects to enhance the roadside environment by signage, accommodating alternate modes, roadside amenities, and landscaping. Road and Sidewalk Policies 1. Implement road development standards for Tumalo that are consistent with the small-scale character of the community. 2. Utilize land development and grant funding opportunities to improve street segments identified for improvement in the Transportation System Plan. 3. Provide functional, cost-effective sidewalks within the commercial core while preserving the rural character of the residential areas. 4. Provide sidewalks or multiuse paths where they are needed for safety, as set forth in the Transportation System Plan. 5. Construct sidewalks specified on community roads without curbs and gutters and allow adequate room for utilities. 6. Provide wayfinding signage and maintenance best practices on County arterials and collectors to ensure safe and accessible routes for all users. 36 Exhibit C to Ordinance 2023-016 — Comprehensive Plan Appendix B — Tumalo Community Plan 7. Review Deschutes County Code (DCC) 17.48, Table B, Minimum Bikeway Design Standards, and consider revising widths of multiuse paths from 8 feet to 10 feet and up to 12 feet in areas with high mixed use. 37 5eot%ovx. 57-12 LegLsLatWe History Background This section contains the legislative history of this Comprehensive Plan. Table S.12.1 Comprehensive Plan Ordinance History Ordinance Date Adopted/ Chapter/Section Amendment Effective All, except Transportation, Tumalo and Terrebonne 201 1-003 8-10-1 1/ 1 1-9-1 1 Community Plans, Comprehensive Plan update Deschutes Junction, Destination Resorts and ordinances adopted in 2011 2.5, 2.6, 3.4, 3.10, 3.5, Housekeeping amendments to 201 1-027 10-31-1 1 / 1 1-9-1 1 4.6, 5.3, 5.8, 5.1 1, 23.40A, 23.40B, ensure a smooth transition to 23.40.065, 23.01.010 the updated Plan 23.60, 23.64 (repealed), Updated Transportation 2012-005 8-20-12/ 1 1-19-12 3.7 (revised), Appendix C System Plan (added) 2012-012 8-20-12/8-20-12 4.1, 4.2 La Pine Urban Growth Boundary 2012-016 12-3-12/3-4-13 3.9 Housekeeping amendments to Destination Resort Chapter Central Oregon Regional 2013-002 1-7-13/ 1-7-13 4.2 Large -lot Employment Land Need Analysis Comprehensive Plan Map Amendment, changing 2013-009 2-6-13/5-8-13 1.3 designation of certain property from Agriculture to Rural Residential Exception Area Comprehensive Plan Map 2013-012 5-8-13/8-6-13 23.01.010 Amendment, including certain property within City of Bend Urban Growth Boundary Newberry Country: A Plan 2013-007 5-29-13/8-27-13 3.10, 3.1 1 for Southern Deschutes Count DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION S.12 LEGISLATIVE HISTORY Exhibit "D" to Ordinance 2023-016 — Comprehensive Plan Section 5.12 Comprehensive Plan Map 2013-016 10-21-13/ 10-21-13 23.01.010 Amendment, including certain property within City of Sisters Urban Growth Boundary Comprehensive Plan Map 2014-005 2-26-14/2-26-14 23.01.010 Amendment, including certain property within City of Bend Urban Growth Boundary 2014-012 4-2-14/7-1-14 3.10, 3.11 Housekeeping amendments to Title 23. Comprehensive Plan Map Amendment, changing designation of certain 2014-021 8-27-14/ 1 1-25-14 23.01.010, 5.10 property from Sunriver Urban Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility Comprehensive Plan Map Amendment, changing designation of certain 2014-021 8-27-14/ 1 1-25-14 23.01.010, 5.10 property from Sunriver Urban Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility Comprehensive Plan Map Amendment, changing 2014-027 12-15-14/3-31-15 23.01.010, 5.10 designation of certain property from Agriculture to Rural Industrial Comprehensive Plan Map Amendment, changing 2015-021 1 1-9-15/2-22-16 23.01.010 designation of certain property from Agriculture to Surface Mining. Comprehensive Plan Map Amendment, changing 2015-029 1 1-23-15/ 1 1-30-15 23.01.010 designation of certain property from Tumalo Residential 5-Acre Minimum to Tumalo Industrial 2015-018 12-9-15/3-27-16 23.01.010, 2.2, 4.3 Housekeeping Amendments to Title 23. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 2 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY Comprehensive Plan Text and 2015-010 12-2-15/ 12-2-15 2.6 Map Amendment recognizing Greater Sage -Grouse Habitat Inventories Comprehensive Plan Map Amendment, changing 2016-001 12-21-15/04-5-16 23.01.010; 5.10 designation of certain property from, Agriculture to Rural Industrial (exception area Comprehensive Plan Amendment to add an exception to Statewide 2016-007 2-10-16/5-10-16 23.01.010; 5.10 Planning Goal I I to allow sewers in unincorporated lands in Southern Deschutes Count Comprehensive Plan Amendment recognizing non- 2016-005 1 1-28-16/2-16-17 23.01.010, 2.2, 3.3 resource lands process allowed under State law to change EFU zoning Comprehensive plan 2016-022 9-28-16/ 1 1-14-16 23.01.010, 1.3, 4.2 Amendment, including certain property within City of Bend Urban Growth Boundary Comprehensive Plan Map Amendment, changing 2016-029 12-14-16/ 12/28/ 16 23.01.010 designation of certain property from, Agriculture to Rural Industrial Comprehensive Plan Map Amendment, changing 2017-007 10-30-17/ 10-30-17 23.01.010 designation of certain property from Agriculture to Rural Residential Exception Area Comprehensive Plan 2018-002 1-3-18/ 1-25-18 23.01, 2.6 Amendment permitting churches in the Wildlife Area Combining Zone 3 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY Exhibit "D" to Ordinance 2.023-016 — Comprehensive Plan Section 5.12 Housekeeping Amendments correcting tax lot numbers in Non -Significant Mining Mineral 2018-006 8-22-18/ 1 1-20-18 23.01.010, 5.8, 5.9 and Aggregate Inventory; modifying Goal 5 Inventory of Cultural and Historic Resources Comprehensive Plan Map Amendment, changing 2018-0 I I 9- 12- 18/ 12- I I -18 23.0 I.010 designation of certainproperty from Agriculture to Rural Residential Exception Area Comprehensive Plan Map Amendment, removing Flood 23.01.010, 2.5, Tumalo Plain Comprehensive Plan 2018-005 9-19-18/ 10-10-18 Community Plan, Designation; Comprehensive Newberry Country Plan Plan Amendment adding Flood Plain Combining Zone purpose statement. Comprehensive Plan Amendment allowing for the 2018-008 9-26- 18/ 10-26-18 23.01.010, 3.4 potential of new properties to be designated as Rural Commercial or Rural Industrial Comprehensive Plan Map Amendment changing designation of certain property from Surface Mining 2019-002 I -2- 19/4-2-19 23.01.010, 5.8 to Rural Residential ExceptionArea; Modifying Goal 5 Mineral and Aggregate Inventory; Modifying Non - Significant Mining Mineral and Aggregate Inventor Comprehensive Plan and Text 2019-001 1-16-19/4-16-19 1.3, 3.3, 4.2, 5.10, 23.01 Amendment to add a new zone to Title 19: Westside Transect Zone. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 4 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY Comprehensive Plan Map Amendment changing designation of certain 2019-003 02-12-19/03-12-19 23.01.010, 4.2 property from Agriculture to Redmond Urban Growth Area for the Large Lot Industrial Program Comprehensive Plan Map Amendment changing designation of certain property from Agriculture to 20 19-004 02- 12- 19/03- 12- 19 23.01.010, 4.2 Redmond Urban GrowthArea for the expansion of the Deschutes County Fairgrounds and relocation of Oregon Military Department National Guard Armory. Comprehensive Plan Map Amendment to adjust the Bend Urban Growth Boundary to accommodate the refinement of the Skyline Ranch Road alignment and the 2019-01 1 05-01-19/05-16/ 19 23.01.010, 4.2 refinement of the West Area Master Plan Area I boundary. The ordinance also amends the Comprehensive Plan designation of Urban Area Reserve for those lands leaving the UGB. Comprehensive Plan Map Amendment, changing 2019-006 03- 13- 19/06- I I -19 23.0 1.0 10, designation of certainproperty from Agriculture to Rural Residential Exception Area Comprehensive Plan and Text amendments incorporating language from DLCD's 2014 2019-016 1 1-25-19/02-24-20 23.01.01, 2.5 Model Flood Ordinance and Establishing a purpose statement for the Flood Plain Zone. 5 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION S.12 LEGISLATIVE HISTORY Exhibit "D" to Ordinance 2023-016 — Comprehensive Plan Section 5.12 Comprehensive Plan and Text amendments to provide procedures related to the 2019-019 12-1 1-19/ 12-1 1-19 23.01.01, 2.5 division of certain split zoned properties containing Flood Plain Zoning and involving a former or piped irrigation canal. Comprehensive Plan and Text amendments to provide procedures related to the 2020-001 12-1 1-19/ 12-1 1-19 23.01.01, 2.5 division of certain split zoned properties containing Flood Plain zoning and involving a former or piped irrigation canal. Comprehensive Plan Map Amendment to adjust the Redmond Urban Growth Boundary through an equal exchange of land to/from the Redmond UGB. The exchange property is being offered to better achieve land needs that 2020-002 2-26-20/5-26-20 23.01.01, 4.2, 5.2 were detailed in the 2012 SB 1544 by providing more development ready land within the Redmond UGB. The ordinance also amends the Comprehensive Plan designation of Urban Area Reserve for those lands leaving the UGB. Comprehensive Plan Amendment with exception to Statewide Planning Goal 11 2020-003 02-26-20/05-26-20 23.01.01, 5.10 (Public Facilities and Services) to allow sewer on rural lands to serve the City of Bend Outback Water Facility. DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 6 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY Comprehensive Plan Transportation System Plan Amendment to add roundabouts at US 20/Cook- 2020-008 06-24-20/09-22-20 23.01.010, Appendix C O.B. Riley and US 20/01d Bend -Redmond Hwy intersections; amend Tables 5.33 1 and 5.372 and amend TSP text. Housekeeping Amendments 2020-007 07-29-20/ 10-27-20 23.01.010, 2.6 correcting references to two Sage Grouse ordinances. Comprehensive Plan and Text amendments to update the County's Resource List and 2020-006 08-12-20/ 1 1-10-20 23.01.01, 2.1 1, 5.9 Historic Preservation Ordinance to comply with the State Historic Preservation Rule. Comprehensive Plan Transportation System Plan Amendment to add reference 2020-009 08-19-20/ 1 1-17-20 23.01.010, Appendix C to J turns on US 97 raised median between Bend and Redmond; delete language about disconnecting Vandevert Road from US 97. Comprehensive Plan Text And Map Designation for Certain Properties from Surface Mine (SM) and Agriculture (AG) To Rural 2020-013 08-26-20/ 1 1 /24/20 23.01.01, 5.8 Residential Exception Area (RREA) and Remove Surface Mining Site 461 from the County's Goal 5 Inventory of Significant Mineral and Aggregate Resource Sites. Comprehensive Plan Map 202 I -002 01-27-2 I /04-27-2 I 23.0 I.0 I Designation for CertainProperty from Agriculture AG To Rural Industrial (RI) 7 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY Exhibit "D" to Ordinance 2023-016 — Comprehensive Plan Section 5.12 Comprehensive Plan Map Amendment Designation for Certain Property from 2021-005 06-16-21 /06-16-21 23.01.01, 4.2 Agriculture (AG) To Redmond Urban Growth Area (RUGA) and text amendment Comprehensive Plan Map Amendment Designation for Certain Property Adding 2021-008 06-30-21/09-28-21 23.01.01 Redmond Urban Growth Area (RUGA) and Fixing Scrivener's Error in Ord. 2020-022 Comprehensive Plan Map Amendment, changing 2022-00 I 04-13-22/07-12-22 23.0 I.010 designation of certainproperty from Agriculture (AG) to Rural Residential Exception Area RREA Comprehensive Plan Map Amendment, changing 2022-003 04-20-22/07-19-22 23.01.010 designation of certain property from Agriculture (AG) to Rural Residential Exception Area RREA Comprehensive Plan Map Amendment, changing designation of certain 2022-006 06-22-22/08-19-22 23.01.010 property from Rural Residential Exception Area (RREA) to Bend Urban Growth Area 07-27-22/ 10-25-22 Comprehensive Plan Map 2022-01 1 (superseded by 23.01.010 Designation for Certain Ord. 2023-015) Property from Agriculture AG To Rural Industrial RI Comprehensive Plan Map Designation for Certain 2022-013 12-14-22/03-14-23 23.01.010 Property from Agriculture (AG) to Rural Residential Exception Area RREA) DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 8 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY Housekeeping Amendments correcting the location for the 2023-001 03-01-23/05-30-23 23.01.010, 5.9 Lynch and Roberts Store Advertisement, a designated Cultural and Historic Resource Comprehensive Plan Map Designation for Certain 2023-007 04-26-23/6-25-23 23.01.010 Property from Agriculture (AG) to Rural Residential Exception Area (RREA) Comprehensive Plan Map Designation for Certain 2023-010 06-21-23/9-17-23 23.01.010 Property from Agriculture (AG) to Rural Residential Exception Area (RREA) Comprehensive Plan Map Designation for Certain 2023-018 08-30-23/ 1 1-28-23 23.01.010 Property from Agriculture (AG) to Rural Residential Exception Area (RREA) Comprehensive Plan Map 2023-015 9-13-23/ 12-12-23 23.01.010 Designation for Certain Property from Agriculture (AG) to Rural Industrial (RI) Comprehensive Plan Map Amendment, changing designation of certain 2023-025 1 1-29-23/2-27-24 23.01.010 property from Rural Residential Exception Area (RREA) to Bend Urban Growth Area Comprehensive Plan Map Amendment, changing designation of certain 2024-001 01-31-24/4-30-24 23.01.010 property from Rural Residential Exception Area (RREA) to Bend Urban Growth Area 9 DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY Exhibit "D" to Ordinance 2023-016 — Comprehensive Plan Section 5.12 Comprehensive Plan Map Amendment, changing designation of certain 2024-003 2-2 I-24/5-2 I -24 23.01.010, 5.8 property from Surface Mining(SM) to Rural Residential Exception Area (RREA); Modifying Goal 5 Mineral and Aggregate Inventor 23.01(D) (repealed), 2023-017 3-20-24/6-18-24 23.01(BL) (added), 3.7 Updated Transportation (amended), Appendix C System Plan (replaced) 23.01(13M) (added), 4.7 Updated Tumalo Community 2023-016 TBD/TBD (amended), Appendix B Plan (replaced) DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 10 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY STAFF FINDINGS FILE NUMBER(S): 247-23-000509-PA/510-TA SUBJECT PROPERTY/ OWNER: N/A APPLICANT: Deschutes County Planning Division P.O Box 6005 Bend, OR 97708 REQUEST: Replace the 2010-2030 Tumalo Community Plan with the 2020-2040 Tumalo Community Plan, including updated Goals and Policies STAFF CONTACT: Tarik Rawlings, Senior Transportation Planner Phone: 541-317-3148 Email: Tarik.Rawlings@deschutes.org RECORD: Record items can be viewed and downloaded from: www.buildingpermits.oregon.gov Record items can be viewed and downloaded from: https://www.deschutescounty.gov/cd//cd/page/tumalo-community_plan- update-2020-2040-247-23-000509-pa-510-ta 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 OAR 660-022, Unincorporated Communities Deschutes County Comprehensive Plan - Title 23 Chapter 1, Comprehensive Planning 1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 `$®(541)388-6575 a@cdd@deschutes.org @www.deschutes.org/cd Exhibit E to Ordinance 2023-016 - TCP Findings Chapter 4, Urban Growth Management 11. BASIC FINDINGS PROPOSAL This is a legislative plan and text amendment to the Deschutes County Comprehensive Plan to remove the 2010-2030 Tumalo Community Plan (TCP) and replace it with the 2020-2040 TCP. Tumalo is a Rural Unincorporated Community under OAR 660-022-0010(7). The TCP is Section 4.7 within the Deschutes County Comprehensive Plan. The TCP provides a Community Vision Statement, goals, and polices unique to Tumalo. The 2020-2040 TCP update includes several new goals and policies; updates information for population, traffic volumes, land use consumption; recaps general changes within the community; and identified issues of public concern. BACKGROUND In 2010, County staff prepared a Community Plan for Tumalo. As that plan is now halfway through its lifespan and Tumalo has undergone several changes in population, different types of land uses, and increased tourism, the County began the process in 2022 to update the TCP. This update was done concurrently with an update of the bike, pedestrian, and transit components of the TCP. 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 August 10, 2023, and a future public hearing will be held before the Board of County Commissioners. Section 22.12.020, Notice 247-23-000509-PA/510-TA (Tumalo Community Plan 2020-2040) Page 2 of 8 Exhibit E to Ordinance 2023-016 - TCP Findings 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 July 20th, 2023 for the Planning Commission public hearing and additional published notice will be sent 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. D. Media notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. FINDING: Notice was provided to the County public information official for wider media distribution. This criterion is met. Section 22.12.030 Initiation of Legislative Changes. A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of County Commissioners. FINDING: The application was initiated by the Deschutes County Planning Division at the direction of the Board of County Commissioners and has received a fee waiver. This criterion is met. Section 22.12.040. Hearings Body A. The following shall serve as hearings or review body for legislative changes in this order. 1. The Planning Commission. 2. The Board of County Commissioners. 247-23-000509-PA/510-TA (Tumalo Community Plan 2020-2040) Page 3 of 8 Exhibit E to Ordinance 2023-016 - TCP Findings 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 held the initial public hearing on August 10, 2023. The Board will hold a public hearing on a future date to be determined. 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, number to be determined, 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: Deschutes County mailed notice to every property in Tumalo prior to Open House #1 (May 11, 2022) and posted flyers at various gathering centers. The latter locations included the bulletin boards for Tumalo's only gas station/convenience store, veterinary clinic, irrigation district offices, pizza parlor, Tumalo Community School, and post office. Open House #1 was the TCP kick off meeting and an opportunity for attendees to voice their opinions about vision statement, goals, policies, and issues of importance. Other opportunities for public comment and dialogue occurred via Meet A Planner meetings (June 20-24, 2022) which were scheduled face-to-face, one-on-one 30- minute sessions on the TCP update; County -held virtual open houses; and surveys (June 29 July 22, 2022). Open Houses #2 (August 22, 2022) and #3 (May 17, 2023) presented draft and final versions of the TCP with revisions based on public feedback. A second round of Meet A Planner meetings was offered (May 2-9, 2023). The County also created a website and an explanatory Story Map to garner public input throughout the process (https://www.deschutes.org/cd/page/tumalo- community-plan-update). The 2020-2040 TCP is therefore consistent with Goal 1. Goal 2: Land Use Planning: FINDING: The TCP 2020-2040 does not change any Comprehensive Plan designations or zoning designations in DCC 18.67, Tumalo Rural Community Zoning. The update is the subject of land use file 247-23-000509-PA/510-TA and will be processed under the County's procedures for a legislative amendment. On July 6, 2023, the County provided the required 35-day prior notice to the Department of Land Conservation and Development (DLCD) before the first evidentiary hearing. The 2020-2040 TCP is therefore consistent with Goal 2. Goal 3: Agricultural Lands: FINDING: Tumalo does not contain any lands with the Comprehensive Plan designation of Agriculture nor the zoning designation of Exclusive Farm Use (EFU). However, EFU properties abut 247-23-000509-PA/510-TA (Tumalo Community Plan 2020-2040) Page 4 of 8 Exhibit E to Ordinance 2023-016 - TCP Findings Tumalo and the following TCP 2020-2040 Land Use Policy #2 states that County plans and regulations must comply with state requirements for EFU lands. The TCP does not propose any changes to existing EFU zoning. The 2020-2040 TCP is therefore consistent with Goal 3. Goal 4: Forest Lands: FINDING: There are no lands designated Forest, either by Comprehensive Plan or DCC 18,67, within or abutting Tumalo. The TCP does not change any Forest zoning. Additionally, the majority of trees within the vicinity of Tumalo are juniper trees, which are not considered a commercially viable tree or a species that is commonly suitable for the production of merchantable trees. Therefore, either Goal 4 does not apply to the 2020-2040 or the application is consistent with Goal 4. Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources: FINDING: The TCP 2020-2040 does not propose any changes to any Goal 5 resources. Two historic buildings in Tumalo are listed in the County's Goal 5 resources. The 2020-2040 TCP has a Natural Resources, Open Space, and Recreation Goal supporting the protection and conservation of natural resources, cultural resources, and open space. Various TCP polices address the elements and intent of Goal 5. Land Use Policy #3 encourages the preservation of historical structures in Tumalo such as the Tumalo Community Church (1905) and the Laidlaw Bank and Trust (1910). Natural Resources, Open Space, and Recreation Policies #4 and #6 address open space; Policies #3, #6-10 address the Deschutes River. The TCP proposes no changes to the County's Landscape Management (LM) overlay zone nor the Surface Mining Impact Area (SMIA) zones, which protect scenic view and aggregate mining, respectively. Therefore, the 2020-2040 TCP is consistent with Goal 5. Goal 6: Air, Water and Land Resources Quality: FINDING: The TCP has several goals and policies that address this goal. Specifically, Natural Resources, Open Space, and Recreation Policies #5, #13, and #14; Residential Policy #3; Economic Development Policies #1, #3, and#5-#7; the Public Facility Goal and Public Facility Policies #1410. In total, the policies will protect the quality of the air, water, and resources within Tumalo. Therefore, the 2020-2040 TCP is consistent with Goal 6. Goal 7: Areas Subject to Natural Disasters and Hazards: FINDING: The Comprehensive Plan in Section 3.5 lists the following natural hazards endemic to Deschutes County: wildfire, snowstorms, flooding, and volcanic eruptions and earthquakes. Tumalo has a fire station and the Natural Resources, Open Space, and Recreation Policy #15 encourages Tumalo to become a fire -adapted community through the Firewise Program, The Road Department plows County -maintained roads in Tumalo while ODOT plows U.S. 20. The TCP does not change any existing building codes regarding snow loads or structural resistance to earthquakes. Therefore, the 2020-2040 TCP is consistent with Goal 7. Goal 8: Recreational Needs: FINDING: The major recreational draws to Tumalo are the Deschutes River and the State - designated Twin Bridges Scenic Bikeway, which uses Bailey Road, Cook Avenue, and Cline Falls Road. The Natural Resources, Open Space, and Recreation Goal and its Policies #1-4; and #7412 address these needs specifically. The Transportation Goal references supporting recreational uses of the road and sidewalk system. Therefore, the 2020-2040 TCP is consistent with Goal 8. 247-23-000509-PA/510-TA (Tumalo Community Plan 2020-2040) Page 5 of 8 Exhibit E to Ordinance 2023-016 - TCP Findings Goal 9: Economic Development: FINDING: The TCP will not change any of the uses allowed outright or conditionally in the residential, commercial, industrial, or research and development zones in DCC 18.67 (Tumalo Rural Community). The following goal and policies support economic development in Tumalo: Land Use Policy #4; Economic Development Goal and Economic Development Policies #147. Economic Development Policies #3 and #4 particularly support development in the commercial core and supporting economic development initiatives and tourism as the latter brings revenues into the community. Therefore, the 2020-2040 TCP is consistent with Goal 9. Goal 10: Housing: FINDING: This goal is not applicable because unlike municipalities, unincorporated areas are not obligated to fulfill certain housing requirements. Tumalo is classified as a Rural Unincorporated Community under OAR 660-022-0010(7). The TCP does contain a Residential Goal and Residential Policies #1 and #3 to encourage a mix of housing types. Therefore, if it were applicable, the 2020- 2040 TCP would be consistent with Goal 10. Goal 11: Public Facilities and Services: FINDING: The majority of Tumalo is on septic; there is a private wastewater system, Tumalo Property Owners Association (TPOA), which serves a small area on the south side of U.S. 20. Water, either for drinking or irrigation, is provided by private companies or private wells. The TCP contains a Public Facilities Goal as well as Public Facilities Policies #1410. The community was quite concerned about private sewers in Tumalo. Public Facilities Policies #3, #4, and #7 address public sewer systems while Policies #8, #9, and #10 address private sewer systems. Policies #1, #2, and #6 pertain to wastewater facilities regardless of public or private. Taken together, the Public Facilities goal and policies will protect Tumalo's current and future water and wastewater issues. The updated TCP does not propose any changes to the County's regulations regarding public facilities and services. Therefore the 2020-2040 TCP complies with Goal 11. Goal 12: Transportation: FINDING: The County's Transportation System Plan (TSP) is also being updated to 2040 to continue to provide a safe, convenient, and efficient economical transportation system. The TCP proposed Transportation Goal is to provide and encourage a safe, convenient, and economical transportation system. The Transportation Goal calls for such a transportation system for all modes and to support economic development, recreation, and community health. Of the specific transportation issues raised by the community, Road Network Policy #3 addresses speeding while Policy #4 calls for ODOT to use designs consistent with Tumalo's enduring vision of maintaining its small-town feel. Road and Sidewalk Policy #3 calls for sidewalks in the commercial core, but not in the residential neighborhoods to preserve their rural character. Road and Sidewalk Policies #6 and #7 will lead to a better experience for cyclists and pedestrians. The 2020-2040 TCP does not propose changes in the functional classification of any existing or planned transportation facility nor does it propose changes to any performance standards or access standards. Therefore, the 2020-2040 TCP is consistent with Goal 12. Goal 13: Energy Conservation: 247-23-000509-PA/510-TA (Tumalo Community Plan 2020-2040) Page 6 of 8 Exhibit E to Ordinance 2023-016 - TCP Findings FINDING: As a Rural Unincorporated Community with a 30-foot height limit, Tumalo has minimal opportunities for infill or increased density, which can be used as a strategy for energy conservation. However, the various Transportation policies encourage energy -saving alternate modes, especially bicycling and walking. The small lots can make solar energy utilization impractical due to shadows from nearby structures. Economic Development Policy #2 addresses the issue. The 2020-2040 TCP does not propose to change the County's Plan or implementing regulations regarding energy conservation. Therefore, the 2020-2040 TCP is consistent with Goal 13. Goal 14: Urbanization: FINDING: Tumalo is a Rural Unincorporated Community under OAR 660-022-0010(7) and has no Urban Growth Boundary (UGB). As Tumalo by definition is rural, Goal 14 does not apply. 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. OAR 660-022, Unincorporated Communities FINDING: OAR 660-022-0030(1) requires counties to provide zoning designations for all properties within an unincorporated community. Deschutes County has done so via DCC 18.67. The 2020- 2040 TCP is not adding any new zones nor changing any uses allowed either outright or conditionally. The 2020-2040 TCP is therefore consistent with OAR 660-022. Deschutes County Comprehensive Plan FINDING: The relevant portions of the Comprehensive Plan are Chapter 1 (Comprehensive Planning), which sets the goals and policies of how the County will involve the community and conduct land use planning. These are specified in Section 1.2 (Community Involvement) and Section 1.3 (Land Use Planning). Chapter 4 (Urban Growth Management) and Sections 4.3 (Unincorporated Communities) and 4.7 (Tumalo Community Plan) are also applicable. Section 1.2 sets a goal for an open and active community involvement program that engages the public during development of land use policies and codes. Policy 1.2.2 designates the Planning Commission as the Committee for Community Involvement. Policies 1.2.3 and 1.2.4 detail procedures for public outreach and avenues of outreach. As described above, the County complied with DCC 22.12 for a legislative amendment, including notice to the public, DLCD, and relevant agencies. Both the Planning Commission and Board will conduct separate public hearings and objectively evaluate the facts. Additionally, staff conducted extensive public outreach via flyers, email, open houses, website, and work sessions with the PC and the Board, which were open to the public and broadcast online. Section 1.3 sets a goal of an open and public land use process to reach fact -based decisions. Policies 1.3.1 calls for protection of private -property rights and Policies through 1.3.2 through 1.3.9 concern public involvement, record keeping, use of websites, and review periods for the Comprehensive Plan. The 2020-2040 TCP does not identify any properties to be transferred from private to public 247-23-000509-PA/510-TA (Tumalo Community Plan 2020-2040) Page 7 of 8 Exhibit E to Ordinance 2023-016 - TCP Findings ownership; policies state clearly what is voluntary if private property is involved; policies regarding private sewers also would protect rights of private property owners that could be served by a private sewer. For the development of the TCP, the County has done extensive public outreach using traditional methods (flyers, face-to-face meetings) and newer methods (website, online public meetings, electronic records, video meetings, etc.) Section 4.3 defines, Fists, and categorizes Unincorporated Communities. Tumalo is a Rural Community and was approved in 1997. Section 4.3 does not have any goals or policies. Section 4.7 is the Tumalo Community Plan itself and is incorporated into the Comprehensive Plan as Appendix B. Based on the above, the 2020-2040 TCP is consistent with the Deschutes County Comprehensive Plan. IV. CONCLUSION The proposed 2020-2040 TCP complies with all relevant Deschutes County and OAR requirements. 247-23-000509-PA/510-TA (Tumalo Community Plan 2020-2040) Page 8 of 8 v1 E S cOG2a MEETING DATE: April 24, 2024 SUBJECT: Cannabis Advisory Committee Budget Recommendations BACKGROUND AND POLICY IMPLICATIONS: The Cannabis Advisory Panel (CAP) provides recommendations to the Board of County Commissioners on how Deschutes County should spend its annual marijuana tax revenue. The CAP is scheduled to hear presentations from four County departments on April 22nd regarding requests for marijuana tax revenue. The marijuana tax revenue for the current fiscal year is $182,000. The forecasted marijuana tax revenue for FY'24 '25 is $185,811. The CAP's recommended budget allocations will be presented at the Board's April 24th meeting (the CAP's deliberations on April 22nd occurred after the deadline for this staff report). Below are the departmental requests for CAP consideration: 1. Community Justice, $55,000 a. $25,000 for a one-year contract to implement a substance abuse/use disorder treatment youth program. b. $10,000 to help support department based substance use disorder treatment services for youth. c. $20,000 to help fund "Moving On" therapy program workshop. Moving On is an Adult Parole and Probation gender responsive cognitive behavioral therapy program. 2. CDD, $20,000 a. Code Enforcement related to marijuana code complaints. 3. Health Services, $60,000 a. To continue paid media advertising focused on supporting parents and guardians in the County to talk with their kids about marijuana and other drugs. 4. Sherrifs Office, $100,000 a. To continue the funding support of.a marijuana detective. BUDGET IMPACTS: The marijuana tax revenue will result in increased revenues by $185, 811 for FY'24 and'25. The marijuana tax revenue and associated expenditures will be included in the FY 24-25 Proposed Budget. ATTENDANCE: Jen Patterson, Strategic Initiatives Manager