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2024-167-Minutes for Meeting May 08,2024 Recorded 7/1/2024
��TES CO o`'` G2� BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 • tell] .A' Recorded in Deschutes County CJ2024-167 Steve Dennison, County Clerk Commissioners' Journal 07/01 /2024 11:36:45 AM ,w`\'v, f ��z_ II I I I III I EIII II I I II II II I II III 2024-167 WEDNESDAY May 8, 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/meetings. CALL TO ORDER: Chair Adair called the meeting to order at 9:00 a.m. PLEDGE OF ALLEGIANCE CITIZEN INPUT: • Carl Shoemaker commented on the current political environment. • Catherine McCoy said her husband, while employed by the County, had inadvertently deactivated his life insurance policy months before he passed away. She sought assistance in reinstating this policy. • Jeff Hubley submitted written comments on the proposal to allow RVs as rental dwellings on private property. CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda. BOCC MEETING MAY 8, 2024 PAGE 1 OF 12 Approval of Chair Signature of Document No. 2024-035, a Notice of Intent to Award Contract for the Paving of Old Bend -Redmond Hwy/S Canal Blvd: Tumalo Rd to Helmholtz Way Project 2. Approval of minutes of the BOCC April 15 and 17, 2024 meetings CHANG: Move approval of the Consent Agenda as presented DEBONE: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried ACTION ITEMS: 3. Cannabis/Substance Use Disorders/Mental Health Presentation Jessica jacks, Prevention Program Manager for Health Services, introduced Drs. Sam Murray and Anne Linton. Dr. Linton, an addiction psychiatrist, presented information on the prevalence of cannabis use. Saying that sustained regular cannabis use is associated with cognitive impairment, mood disorders and anxiety, she explained Cannabis Use Disorder (CUD) and described symptoms of cannabis withdrawal, the latter of which can mimic other psychiatric conditions. Dr. Murray presented information on the link between cannabis use and psychosis, saying that the State -funded Early Assessment & Support Alliance (EASA) evaluates and treats persons experiencing psychosis. Adding that some cases managed by EASA appear to be cannabis -related or cannabis -induced, he said this program monitors patients for two years following their first psychotic episode. jacks shared current efforts to steer youth away from using cannabis and other substances such as alcohol. Commissioner Adair asked how families are approached if there is cannabis use by others as well as by the adolescent(s). Dr. Murray said in his experience, most families are willing to modify their substance usage to reduce harm to the younger family members. BOCC MEETING MAY 8, 2024 PAGE 2 OF 12 Jacks added that Health Services tries to influence teens in a positive way and help parents do the same. She referenced resources available at Shared FutureCoalition.org and summarized that cannabis use by adolescents is a concern for various reasons. Dr. Linton added that youth who develop CUD are likely to develop other substance use disorders later. Commissioner DeBone stressed that the potency of cannabis is much greater nowadays than in the past. He encouraged people to be aware of the potency of any cannabis they consider using. Commissioner Adair said cannabis should be sold with warning labels that communicate the risks of usage. Dr. Linton noted that some experts recommend the legal age for cannabis use be raised from 21 to 25. Commissioner DeBone acknowledged the information on proposed model cannabis laws to address and reduce harms from cannabis use and spoke to the possibility that the State Legislature could take up warning labels and public education in its upcoming session. 4. Workforce Housing Program for Median -Income Earners (HOME Fund) Cheri Helt, local business owner and HOME Fund initiator, described the need for affordable workforce housing in the Bend area and the proposal for a Workforce Housing Program for Median -Income Earners which would help persons making between 80-120% of annual median income purchase a house. Morgan Greenwood from the Central Oregon Builders Association reviewed changes to the HOME fund proposal made since May 2023, contrasting the current proposal with the one previously submitted. If implemented, the program would provide a $30,000 per house developer incentive to construct affordable housing as specified. A deed restriction would ensure that each house remained affordable for 30 years. Karna Gustafson, attorney for Central Oregon Builders Association, clarified that under the program, homebuyers may gain equity that could be cashed out when a house is resold. BOCC MEETING MAY 8, 2024 PAGE 3 OF 12 Discussion ensued regarding potential default situations, how to ensure compliance with the terms of the deed restriction, and which entity would be responsible for such enforcement. Commissioner Adair said Habitat for Humanity requires a second silent deed of trust on its properties to help protect the intention of its program. Commissioner Adair voiced concern over the initial amount of two $500,000 annual payments. Given the County's current financial situation, she was supportive of reducing the County's contribution for $300,000 in developer reimbursements and a $20,000 administrative fee for Neighborlmpact. Scott Cooper from Neighborlmpact said annual verifications would be conducted by Neighborlmpact. If an evasion of the deed restriction was discovered, Neighborlmpact would refer that to the County. Assistant Legal Counsel Kim Riley said if the intention is to require an annual declaration of continued residence and ownership, the pertinent documents should reflect that. Gustafson agreed, adding that the County would not be required to expend resources on enforcement of the deed restrictions —although it could choose to sue anyone who did not adhere to the restrictions. Commissioner Chang concurred that the likelihood of fraud or default is low. Riley noted that the draft Memorandum of Understanding states that Neighborlmpact's involvement would cease when the allocated funds are spent. Cooper confirmed that Neighborlmpact would continue to conduct annual verifications for the term of the deed restrictions. Commissioner Chang said although he was initially skeptical that a $30,000 per house subsidy would be effective in establishing workforce housing, he has been assured that it would be. While he was convinced of the importance of this initiative, he wanted to be sure that the County would not be signing on for duties that it does not have the resources to fulfill. Helt described the efforts of the project team to create a program that would not burden the County for additional resources beyond the initial funding. In response to Commissioner Adair, Helt confirmed that the program has identified lenders who are willing to participate. Commissioner DeBone supported moving forward with this initiative. At his suggestion, discussion ensued regarding changing the term of the deed BOCC MEETING MAY 8, 2024 PAGE 4 OF 12 restriction from 30 years to 20, with Helt noting that a 30-year term equates the public investment in each house at $1,000 per year for 30 years. Noting there are no programs like this anywhere in Oregon, Helt expected that once launched, the program would attract more funding that could be used to expand it. Discussion ensued regarding the County's financial situation, the fact that expenditures are outpacing revenues, and the Board's previous commitment to provide funds for this program. Budget & Financial Planning Manager Dan Emerson advised discussing this following Budget week, before the FY 2025 Budget is adopted. County Administrator Nick Lelack summarized the discussion to revise the proposed MOU to increase the agreement period to match the terms of the deed restrictions and also to outline Neighborlmpact's responsibility to conduct annual verifications for all properties to ensure these remain occupied in accordance with the deed restriction. DEBONE: Move approval of the Home Ownership for Median -Income Earners (HOME) program, amending the MOU as discussed today and shortening the timeframe of the deed restrictions to 20 years ADAIR: Second VOTE: CHANG: (abstained) DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 2 - 1 - 0 (Chang abstaining) Commissioner Chang clarified that his decision to abstain was not a vote of no confidence in this program, but rather reflected his disagreement with shortening the time period of the deed restrictions. 5. Second Reading of Ordinance No. 2023-016 updating the Tumalo Community Plan for 2020-2040 Tarik Rawlings, Senior Transportation Planner, said no changes were made to the ordinance since the Board approved first reading on April 241n CHANG: Move approval of second reading of Ordinance No. 2023-016 DEBONE: Second VOTE: CHANG: Yes DEBONE: Yes BOCC MEETING MAY 8, 2024 PAGE 5 OF 12 ADAIR: Chair votes yes. Motion Carried Chair Adair read the title of the ordinance into the record. DEBONE: Move adoption of Ordinance No. 2023-016, repealing and replacing the Deschutes County Comprehensive Plan's Tumalo Community Plan CHANG: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried Rawlings said the ordinance will take effect on August 6cn 6. 2024 Public Safety Campus Plan Lee Randall, Facilities Director, presented the draft Public Safety Campus Plan for the Board's consideration. Referring to the proposal to incorporate a managed residential facility serving persons on parole or probation, he offered to schedule a work session if the Board wishes to discuss this further. Commissioner Adair thanked Randall for setting up a meeting with the City of Bend to evaluate the site's potential for a Community justice housing program. On another subject, she asked that page 15 of the plan be updated to reflect the seven cabins recently added to the Veterans Village site. Commissioner DeBone was interested to learn more about the proposal for parolee housing on the campus, saying this might trigger more investment requirements due to the site's terrain. Commissioner Chang wanted to understand the setback requirements for any housing that might be built on the campus. He specifically requested a high-level summary of requirements, potential costs and revenue sources, possible timeline for a transitional housing project, and information on the proposed OSP storage facility, including whether OSP will contribute funds to establish and/or lease this storage. Commissioner DeBone noted that the plan's purpose is to guide future development as funds become available. Randall added that the Board could amend the plan in the future if desired. Discussion ensued regarding the idea of using the area identified for OSP equipment storage for parolee housing. Following discussion, a majority of the BOCC MEETING MAY 8, 2024 PAGE 6 OF 12 Board was in consensus to take no action at the current time and direct staff to bring the draft Public Safety Campus Plan back next week. A break was announced at 11:28 am. The meeting resumed at 11:33 am. 7. Public Hearing: RVs as Rental Dwellings Text Amendments Tanya Saltzman, Senior Planner, reviewed that in 2023, the Oregon Legislature adopted SB 1013 which authorizes the use of RVs as residential dwellings on private property in rural areas, subject to certain conditions. Saltzman referred to previous Board discussions of possible Code amendments to permit this use, including potential requirements of property owners, and said the Planning Commission has recommended against adopting such amendments. The public hearing was opened at 11:39 am. In response to Commissioner Chang, Peter Gutowsky, Community Development Director, said the County does not monitor incidental visits by friends or family members which involve the parking of an RV on private property; however, if this is occurring on a regular basis, an argument may be made that it constitutes a different use. Commissioner DeBone said allowing someone to spend the night in an RV parked on private property is not an allowed use, and would be a Code violation if a neighbor complained. Edgarjulian Caballero commented that the Planning Commission's decision to recommend against these amendments was a close 3-4 vote, and the Commission did recognize the need for affordable housing. He noted that medical hardship situations allow the use of an RV as a dwelling without requiring connection to a septic system, believed that impacts on public safety could be paid for via an annual fee, and shared that because Avion will not serve a second dwelling on his property, it likely would not provide a "will serve" letter for an RV used as a residence. Responding to Commissioner Chang, Saltzman said staff has interpreted the State regulations that septic disposal from an RV which is used a residence be accomplished via a direct hook-up to a permanent system. She added that medical hardship permits are understood to be temporary. Christina Colver spoke in support of the amendments, saying she has a tiny house that could be licensed by the DMV. She described her commitment to a sustainable lifestyle and said this kind of housing BOCC MEETING MAY 8, 2024 PAGE 7 OF 12 renders living here affordable for her and her partner. She described other benefits, including reduced impacts on the environment and the opportunity to achieve financial stability. Alan Shaw shared his concerns about possible unintended negative consequences of allowing RVs as residential dwellings, including improper waste disposal and dogs running loose. He said the County should not allow RVs to be parked along a property line next to a neighboring property due to the potential for negative impacts. Saying that while he agreed with the spirit of this proposal, he said it could have significant negative effects, particularly in the absence of sufficient Code enforcement or public safety service capacity. Alexis Stephens encouraged approval of the amendments, saying that this type of living situation allowed her to save up to buy a house and also economically benefited her landlord. Noting that this kind of use is already happening, albeit not legally, she said Deschutes County has limited housing options. Nunzie Gould shared concerns with the language of some of the amendments, saying that compliance cannot be ensured because Code enforcement is complaint -based. She spoke to the need to be able to provide an address for emergency services, even on a ten -acre parcel. Saying that the DMV allows self -certification of RVs, she said CDD would need to certify these are habitable and not rely on self -certification. She asked for clarity on non -conforming lot sizes. Jeff Hubley supported the amendments, saying they would create a lawful opportunity for lower -cost housing in Deschutes County, and RVs are already being used as residences by some people. Commissioner Adair noted the vacancy rate of apartments in Bend is now 9%, with 2,000 more units currently being built. Commissioner Chang commented on the capacity of the Code Enforcement division, saying this is insufficient due to how it is funded. He wanted information on the level of funding available to this division, how many staff this allows for, and the size of the backlog of complaints. Peter Gutowsky, Community Development Director, agreed to submit this information during the written open record period on this matter. Commissioner DeBone spoke regarding if and how to support responding public safety agencies for the increased burden associated with additional residences. He agreed on the need to document the location of any RV used as a residence, questioned what lot size would be allowed to have these, and asked if the Road Department has expressed interest in implementing a system development charge to offset the cost of increased vehicle traffic. BOCC MEETING MAY 8, 2024 PAGE 8 OF 12 The public hearing was closed at 12:54 pm. The Board was in consensus to leave the written record open until 4 pm on Wednesday May 29" and begin conducting deliberations on June 10th. OTHER ITEMS: • Commissioner Adair reminded that a public hearing will be held today at 5:30 pm on the draft update to the Comprehensive Plan. • Commissioner Chang reported on yesterday's Public Safety Coordinating Council meeting, where Holly Harris presented information on the development of a deflection program and Presiding judge Ashby shared concerns about the shortage of public defenders which is resulting in the release of persons who, while having been charged with a crime, are unable to secure legal representation in a timely manner. • Commissioner DeOone reported on an event hosted by the Deschutes River Conservancy last Saturday. • Commissioner DeBone commented on a spotlight on homelessness presented by Bethlehem Inn. • Commissioner Adair referred to a compelling story shared by a former client of Bethlehem Inn. At 12:57 pm, the meeting was recessed until 5:30 pm. The meeting reconvened at 5:31 pm. 8. Continued Public Hearing: Draft 2020-2040 Deschutes County Comprehensive Plan Nicole Mardell, Senior Planner, introduced the public hearing on the 2020-2040 Comprehensive Plan Update, explaining that the Plan defines the community's vision for housing, recreation, transportation, and land use, among other elements. She recounted the extensive community outreach undertaken in developing the update as well as the Planning Commission's in-depth review, which included three public hearings. Major themes of the public input received thus far include the rezoning of farmland, protection of wildlife, dark skies, private property rights and water management. The Planning Commission recommended several revisions relating to: balancing regulations with incentives; exploring a new zoning category to balance high desert resources with housing; revising Policy 8.1.2 (collaboration among recreation agencies and property owners for trail projects); and deleting Policy 5.1 regarding the consideration of impacts to water quality and quantity for destination resorts and other large-scale developments. BOCC MEETING MAY 8, 2024 PAGE 9 OF 12 Mardell summarized comments submitted by agencies and members of the public in advance of today's hearing. Commissioner Adair said it is appropriate to keep the record open until May 30th. Commissioner DeBone said he will provide a memo with comments and suggested edits. Saying he had previously submitted a number of comments, Commissioner Chang said he would also provide a copy of a guest column he wrote which was published in The Bend Bulletin and which contains additional comments. • William John Kuhn urged the inclusion of provisions to protect dark skies. • Angie Brewer, Oregon Department of Land Conservation and Development (DLCD), commended staff for the work done on the draft update and asked that the written comment period be left open until May 30t" to allow time to respond to recent correspondence from the Central Oregon Builders Association, et al. which proposed various amendments. • Jon Jining, also representing DLCD, concurred in the request to leave the written record open until May 30t" • Louis Capozzi supported managing growth and reducing sprawl to decrease traffic congestion and make housing more affordable. He opposed allowing more destination resorts and the conversion of land zoned for exclusive farm use to residential. Commissioner DeBone said the majority of voters in Bend should not be able to direct what private property owners outside of Bend do on their property. Molly Honea, representing the Think Wild conservation center, supported protecting wildlife and wildlife habitat and suggested specific language changes to the draft update. Tony Oliver supported a moratorium on destination resorts. She wished to see more specificity regarding changing farmland to residential use, noting the latter requires more services. She advocated for helping farmers make their farms more productive, advised evaluating the entire county in terms of zoning and deciding what uses should be allowed where, and shared that a BMX track was developed near her yet the owner of the property does not live there. Jean Carlton spoke regarding growth and described concerns about drought/water supply, fire risk, adequate housing, and protection of wildlife. She urged the implementation of conservation efforts as well as measurable and enforceable policies to address these things. Roberta Silverman supported a moratorium on destination resorts as allowing more would be at odds with significant environmental issues. BOCC MEETING MAY 8, 2024 PAGE 10 OF 12 Gordon Wetzel expressed his appreciation for the County's natural resources and wonderful recreational opportunities, but said these require protection. He said destination resorts are no longer appropriate and the County needs workforce housing built within urban growth boundaries. Noting that 80% of the land in Deschutes County is publicly owned, Commissioner DeBone asked if development should be prohibited on the remaining 20%. He added that in Sunriver, the golf course uses effluent water. Naomi Sherpa was concerned about sprawl, questioned the availability of adequate water to accommodate growth, and said service jobs do not pay enough to afford housing in this area. Commissioner DeBone said destination resorts can be thoughtful development. The Board was in consensus to close the oral part of the hearing and leave the written record open until 4 pm on May 30th. Discussion ensued regarding the recommendation of the Planning Commission that the County consider a new zoning category for "High Desert Housing." Mardell said the initial concept is this would apply to non -resource lands of 40 or more acres. Peter Gutowsky, Community Development Director, added that the idea is to consider re -designations of exclusive farm use property that is not being farmed and cannot be farmed in a way that would allow for sustainable economic development, factoring in water conservation and wildlife impacts. He said establishing such a zone would involve a great deal of public outreach and community engagement over multiple years. EXECUTIVE SESSION: None ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 6:25 pm. DATED this 6 ` Ada of JUN, Board of y `--- 2024 for the Deschutes County Commissioners. J PATTI ADAIR, CHAIR BOCC MEETING MAY 8, 2024 PAGE 11 OF 12 ATTEST: ANTHONY DEBONE, VICE CHAIR PHIL CHANG, C04WISSIONER BOCC MEETING MAY 8, 2024 PAGE 12 OF 12 ��v ( E S C0G �4 BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, MAY 8, 2024 Barnes Sawyer Rooms - Deschutes Services Building - 1300 NW Wall Street - Bend (541) 388-6570 ( 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 havejoined as a panelist, you will be able to turn on your camera, if you would like to. Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, call (541) 388-6572 or email brenda.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 oryou may leave a brief voicemail at 541.385.1734. CONSENT AGENDA 1. Approval of Chair Signature of Document No. 2024-035, a Notice of Intent to Award Contract for the Paving of Old Bend -Redmond Hwy/S Canal Blvd: Tumalo Rd to Helmholtz Way Project 2. Approval of minutes of the BOCC April 15 and 17, 2024 meetings ACTION ITEMS 3. 9:10 AM Cannabis/SUD/Mental Health Presentation 4. 9:55 AM Workforce Housing Program for Median -Income Earners (HOME Fund) 5. 10:25 AM Second Reading of Ordinance No. 2023-016 updating the Tumalo Community Plan for 2020-2040 6. 10:30 AM 2024 Public Safety Campus Plan 7. 10:50 AM Public Hearing: RVs as Rental Dwellings Text Amendments OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. RECESS May 8, 2024 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3 Continued ACTION ITEMS 8. 5:30 PM Continued Public Hearing: Draft 2020-2040 Deschutes County Comprehensive Plan EXECUTIVE SESSION At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations, ORS 192.660(2)(b), personnel issues, or other executive session categories. Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. ADJOURN May 8, 2024 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3 w�J-yes co`2 a BOARD OF COMMISSIONERS' MEETING o � REQUEST TO SPEAK Citizen Input or Testimony Subject: C L,2 wrap Date: .z Name Address P ai4d ".DK 7 770 f Phone #s E-mail address M In Favor Neutral/Undecided Opposed Submittingwritten documents as art of testimony? Yes No _ p If so, please give a copy to the Recording Secretary for the record. ivV SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS w-Es c0 BOARD OF COMMISSIONERS' MEETING o � REQUEST TO SPEAK Citizen Input or Testimony Sub' ect: j J ov dt� c�_ Date: Name Address r` 5 hZ2iZe__ 7l2 Phone #s E-mail address M C. C _ /4 C In Favor ❑ Neutral/Undecided ❑ Opposed Submittingwritten documents as art of testimony? Yes No _ p If so, please give a copy to the Recording Secretary for the record. wx p SUBMIT 'COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS -" 01 ES C0G2 BOAR® OF COMMISSIONERS MEETING DATE: May 8, 2024 SUBJECT: Cannabis/SUD/Mental Health Presentation RECOMMENDED MOTION: Presentation to provide information about emerging medical findings related to heavy cannabis use and the impacts on mental health in Deschutes County. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County Behavioral Health and Public Health work together to provide comprehensive, community -based services and prevention support to people with substance use disorders or harmful substance use. This presentation will provide information about emerging medial findings, scientific data and the impacts of increased cannabis use among youth and its association with onset of psychotic symptoms and other issues. The presentation will cover the items listed below: ® Review of research/data on risks and benefits of marijuana use • Impacts on patients and community ® Interventions with people with mental health disorders • Prevention efforts that are currently in place • Support for healthy messaging around risks • Key take aways for parents and communities BUDGET IMPACTS: None ATTENDANCE: Janice Garceau, Deschutes County Health Services, Director Sam Murray, Deschutes County Behavioral Health, Medical Director Anne Linton, Deschutes County Behavioral Health, Psychiatrist Jessica jacks, Deschutes County Public Health, Prevention Program Manager Emerging Medical Findings Related to Heavy Cannabis Sam Murray, Behavioral Health, Medical Director Anne Linton, Behavioral Health, Psychiatrist ES C Jessica jacks, Public Health, Program Manager (, CO Holly Harris, Behavioral Health Director Qj� O,.. .. -< Presentation Overview I Cannabis is the third most commonly used psychoactive substance worldwide, after alcohol and tobacco (nicotine). In 2021, an estimated 65.2 million American - 27.1% of the population aged 12 years or older had used cannabis in the preceding month. In 2015, it was 22.2 million (8.9%) Americans aged 12 years and older 205% increase in use over a period of 6 years. ���I<\JTES CO G�a r Cannabis plant has 104 cannabinoids; onl 2 (THC and CBD) have been extensively studied for potential therapeutic applications THC is a C131, CB2 receptor partial agonist CBD is a CB1, C132 receptor antagonist THC is the most psychoactive component of Cannabis Has been used to mitigate anorexia associated with AIDS, chemotherapy nausea/vomiting, cancer pain* (Cesamet, Marinol in US) CBD is not psychoactive; has other mechanisms of action CB1 Receptor Locations in the Brain Cannabis Potency Increasing Based on review of 12 studies on herbal cannabis from the USA,UK, Netherlands, France, Denmark, Italy and New Zealand (1975-2017) ETHC concentrations (flower) increased by 0.29% each year (12% overall during the review period) based on 66,747 cannabis samples --v-THC concentrations for TCH resin increased by 0.57% each year (24% overall during review period) — No evidence for changes in CBD in herbal cannabis Between 2013-2018 in the USA: -- Averagge THC otency of traditional marijuana increased 35% (from 11.98N6.16 %� Average THC % Concentrated Marijuana Average THC %Tradtional Marijuana Average CBD % Concentrated Marijuana Average CBD % Traditional Marijauna 70% Neurocognitive Symptoms _--- Most studies show modest dose -dependent cognitive impairment associated with regular cannabis use; impairment usually resolves with abstinence in adults (uncertain with adolescents) ...' • -qRTAU=4 Cannabis use or cannabis use disorder (CUD) can produce chronic mood changes such as those seen in Persistent Depressive Disorder and Major Depressive Disorder Studies support an association between cannabis use and new -onset mania as well as worsening of manic symptoms in patients diagnosed with bipolar disorder Acute intoxication may cause transient acute anxiety including panic attacks association between cud and development of anxiety or trauma e,91Es �oG related disorders is unclear o �{ 9-10% people who use cannabis develop CUD — Risk increases to 17% in those who start using in adolescence - Risk increases to 25-50% in daily users ( many of them start using in early adolescence) Cannabis Use Disorder may be associated with cognitive impairment, poor school or work performance and psychiatric comorbidity such as mood disorders and psychosis Cannabis Use Disorder Diagnosed or more present- year: • Impaired Control • Use more/longer • Unable to 1 use • Lots time use • Craving • Risky Use • Hazardous use • Sociallmpairment • Failed roles work, home, school • Use despite problems socially/interpersonally • 1 Activities • Pharmacological Criteria • Tolerance Qwwftk.- ES CUse despiteo physical/psychological problems • Withdrawal Cannabis Withdrawal "--"-j Causing distress plusAND 1 or more of the following: 3/more of the following: a Irritability Anxiety Sleep Problems 1 Appetite/Weight Loss Depressed Mood 0 Abdominal Pain Sweating Shaking/Tremors Fever/Chills a Headache Restlessness �V1ES o Flown- Aw- Psychotic Symptoms There is substantial evidence that chronic cannabis use, especially during early adolescence, is associated with increased risk of psychosis and development of schizophrenia. X\ OIES C Cannabis and P Earlier onset of Schizophrenia is associated with [1 ]: —Higher THC potency —Age of first cannabis use —Years of cannabis use —Daily cannabis use Cannabis use and development of Schizophrenia share genetic overlap [2] THC alone can induce symptoms similar to Schizophrenia in individuals without mental illness [3] o Treatment for first episode of psychosis Teens to mid/late 20's Full behavioral health and psychiatric assessment Focused on potential causes for psychosis --Schizophrenia -Mood disorders .-Drugs/Substances -----.Medical conditions Intensive interdisciplinary treatment team ���iES�pG�� o m ¥.« ©e » /o l \a : e 3 0 -D a d Use Substances 25 22.8 20 18.6 3 y 10 \ <4.8 1 1.2 .- . } 2 > ME Environmental DesignStrategies at Individual AdW NO MlN©RSl A,LLOWR� ,' Access & Barriers w L® VV/ —� ® ; Is 8N. ®4*Otiy & Enforcern# Risky Behaviors 4 x� Incentives/Disincentives rate�I�� ��uTES C�G Information Skill Building o < Support Iq Im pi;� im 1Healthy* Changing responses to Schools youth substance use con—tinged—tioaheahh,&w—nrty HOpI Term Live Vape Free Oregon Live Vape Free Not On Tobacco° (N-OT) R . Talk to your child Q � Set R• \�\ rules and expectations parents TES COG�a o < For information and support I Click on the Parent tab C 0 A d I T 1 0 N Fuslering a sate, healthy; prosperous curnmunily d ES COG�a o < � ?6 2 < � #®� � o < ��-c E s �oG� o < Citations from slide 26: Adolescent Cannabis Use is a Concern 1. Winters, K.C., & Lee, C.Y.S. (2008). Likelihood of developing an alcohol and cannabis use disorder druingg youth: Association with recent use and age. Drug and Alcohol Dependence, 92(1-3), 239-247. https://doi.org/10.1016/j.drugalcdef>..2007.08 005 2. Fergusson, D. M., & Boden, J. M. (2008). Cannabis use and later life outcomes. Addiction, 103(6), 969-976. hgAas .org 10.1111Aj360-_443.2008.02221.x 3. Gobbi, G., Atkin, T., Zytynski, T., Wang, S., Askari, S., Boruff, J., Ware, M., Marmorstein, N., Cipriani, A., Dendukuri, N., & Mayo, N. (2019). Association of cannabis use in adolescence and risk of depression, anxiety, and suicidality in young adulthood: A systematic review and meta - analysis. JAMA Psychiatry, 76(4), 426-434. htts://doi org/10.1001 jamapsychiatry.2018.4500 4 Fontanella, C. A., Steelesmith, D. L., Brock, G., Bridge, J. A., Campo, J. V., & Fristad, M. A. (2021). Association of cannabis use with self -harm and mortality risk amongyouths with mood disorders. JAMA Pediatrics, 175(4), 377-384. https://doi.or�/10 1001 /)ama�ediatrics.2020.5494 5. Han, B., Compton, W. M., Einstein, E. B., & Volkow, N. D. (2021). Associations of suicidality trends with cannabis use as a function of sex and depression status. JAMA Network Open, 4(6), e2113025. https://dx.doi.or /g ! 0.1001 %2F�qmanetworkoDen.2021.13025 6. National Academies of Sciences, Engineering, and Medicine. (2017). The health effects of cannabis and cannabinoids: The current state of evidence and recommendations for research. National Academies Press. https://doi.org/10 17226/24625. 7. Di Forti, M., Quattrone, D., Freeman, T. P., Tripoli, G., Gayer -Anderson, C., Quigley, H., Rodriguez, V., Jon ma, H. E., Ferraro, L., La Cascia, C., La Barbera, D., Tarricone, I., Berardi, D., Szoke, A., Arango, C., Tortelli, A., Velthorst, E., Bernardo, M., Del Ben, C. M.,... Murray, R. M. (2019). The contribution of cannabis use to variation in the incidence of psychotic disorder across Europe (EUGEI): A multicentre case -control study. The Lancet Psychiatry 6(5), 427 436. htt s.//doi.or /10.1016/$,2215 03�19)30048=3 8. Large, M., & Sharma, S. (2011). Cannabis use and earlier onset of psychosis: A systematic metaanalysis. Arch Gen Psychiarty, 68(6), 555-561. https—'.//doi.org/lO..1001,/-..archgenpsyc.hiatry,201_1.5 References [1] Daily Use, Especially of High Potency Cannabis, Drives the Earlier Onset of Psychosis in Cannabis Users. Schizophrenia Bulletin 2014, Vol 40 1509-1517 [2] Association Between Cannabis Use, Polygenic Liability for Schizophrenia, and Cannabis -related Experiences in a Sample of Cannabis Users. Schizophrenia Bulletin 2023, Vol. 49 778-787 [3] The Psychotomimetic Effects of Intravenous Delta-9- Tetrahydrocannabinol in Healthy Individuals: Impacts for Psychosis. Neu ropsychopharmacology 2004, Vol 29 1158-1572 I<\JT E 5 co & o < WA 041 AV am M Cannabis Use,Cannabis Use Disorder, and Comorbid Psychiatric Illness: A Narrative Review. Journal of Clinical Medicine 2021,10,15. Psychiatric Legalized Cannabis in Colorado Emergency Departments: A Cautionary Review of Negative Health and Safety Effects. Western Journal of Emergency Medicine Vol ZO, No 4. 557-572. Effects of Regular Cannabis Use on Neurocognition, Brain Structure, and Function: A Yystematic Review of Findings in Adults. The American Journal of Drug and Alcohol Abuse 2018, Vol.44, No.1, 4-18. Cannabis Use Disorder and Subsequent Risk of Psychotic and Nonps chotic Unipolar Depression and Bipolar Disorder. JAMA Psychiatry. 20218Y((8j.803- 810. Cannabis Use Disorder: Science Trends and Clinical Implications, Mashal Khan MD. Weill Cornell Medicine, New York, NY. American Society of Addiction Medicine, 2023 ASAM Review Course. American Academy of Addiction Psychiatry Proposed Model State Cannabis���Es �o Laws to Reduce Harm, December 2919 o < Proposed Model State Cannabis Laws to Reduce Harms December, 2019 Background: Despite the majority of states passing legislation and policies to allow access to medical and/or recreational, or nonmedical, use of cannabis and cannabis -derived products, there has been little coordination with the medical establishment, especially mental health and addiction specialists, to mitigate potential harms of legalized access (1). As the nation's leading professional society for addiction psychiatrists, AAAP encourages states to consider the following, well -established and widely - reproduced findings in the scientific literature regarding cannabis and mental health (2): 1). Cannabis can be addictive for upwards of 9-17% of users (3, 4) and 30-50% of daily users (5,6), especially those who begin use at younger ages (i.e. under age 18) (7). 2). Cannabis can cause transient psychosis (a break from reality, paranoia, etc.) with just a single episode of use (7). Risk is especially high with edibles, high potency cannabis, or products such as concentrates (i.e. wax, shatter) — which have in common contents higher in THC:CBD ratios (2,7). 3). Cannabis can cause and/or worsen psychiatric symptoms, especially for individuals vulnerable to, or experiencing mood, anxiety, trauma -related, or psychotic disorders (6, 4). 4). The developing brain (i.e., persons under age 25) is especially vulnerable to the use of cannabis on cognitive performance and increasing the risk for later development of mood and substance use disorders (6). 5). There is currently insufficient evidence for the use of "medical cannabis" to treat any psychiatric disorder, including the increasingly approved "qualifying condition" of post -traumatic stress disorder (PTSD) (2,6). 6). Blood levels of THC and its metabolites do not correspond to levels of physical or mental impairment and are not reliable for roadside testing of driver safety (6). Proposed tenets: While AAAP does not endorse expanded access to cannabis, given the above scientific findings consistent with widespread expert consensus in medical and research communities, AAAP proposes the following key elements to inform any potential statewide initiative to legislate or amend expanded legal access to cannabis: 1). Legal recreational sales of cannabis should be limited to adults aged 21 or older (some states may consider the age of 25). Similarly, any potential marketing or advertising of cannabis and cannabis - derived products to youth and young adults should be banned. 2). As there is currently no psychiatric indication for "medical cannabis," states should not include such indications (e.g. PTSD, anxiety, depression, opioid use disorder) as qualifying conditions. Similarly, advertising touting the use of cannabis for treating mental health conditions should be banned. 3). Any expansion of legal use should include strategic public awareness campaigns and packaging alerts about potential harms from use (8), especially heavy or daily use, or use of high -potency and edible products, such as risks of addiction, psychosis, and worsening of mood and anxiety symptoms. Targeted campaigns to prevent cannabis use during pregnancy and breastfeeding are warranted given the increasing prevalence of cannabis use among pregnant women living in the US (9). 4). State -level regulation, including allocation of funds for purchase of high grade analytic equipment, is critical for quality control measures to ensure proper chain of custody, testing, and labeling of cannabis - derived products so that users have accurate information about what they are ingesting. Mechanisms to audit and impose penalties for infractions or fraudulent practices should be built into initial legislation. 5). Regulations are needed to guard against impaired driving and innovative approaches with dedicated funding from cannabis sales are needed to respond to this vital public safety issue. 6). States should maintain a public registry supported by revenue from cannabis sales that reports annually on adverse outcomes associated with medical and recreational cannabis product sales and/or consumption. Signed, Arthur Robin Williams MD MBE Kevin P. Hill MD MHS Richard N. Rosenthal MD Hilary S. Connery MD PhD Justine Welsh, MD References Williams AR, Olfson M, Kim JD, Martins SS, Kleber HD. Older, Less Regulated Medical Marijuana Programs Have Much Greater Enrollment Rates. Health Affairs 2016; 35:480-8. 2. Compton M (editor). Cannabis and Mental Health, American Psychiatric Publishing Inc, 2016. 3. Williams AR, Hill KP. Cannabis and the Current State of Treatment for Cannabis Use Disorder. FOCUS: The Journal of Lifelong Learning in Psychiatry; February 2019. 4. Halah MP, Zochniak MP, Barr MS, George TP. Review of Cannabis and Psychiatric Disorders. Curr Addict Rep 2016; 3(4):450-462. Hasin DS, Saha TD, Kerridge BT, et al. Prevalence of marijuana use disorders in the United States between 2001-2002 and 2012-2013. JAMA Psych 2015; 72(12):1235-1242. 6. National Academies of Sciences, Engineering, and Medicine. 2017. The health effects of cannabis and cannabinoids: The current state of evidence and recommendations for research. Washington, DC: The National Academies Press. doi: 10.17226/24625. 7. Volkow ND, Baler RD, Compton WM, Weiss SR. Adverse health effects of marijuana use. N Engl JMed 2014; 370(23):2219-2227. 8. Monte AA, Shelton SK, Mills E, et al. Acute Illness Associated With Cannabis Use, by Route of Exposure: An Observational Study. Ann Intern Med. 2019 Mar 26; 170(8)531-537. Volkow ND, Han B, Compton WM. Self -reported medical and nonmedical cannabis use among pregnant women in the United States. JAMA. 2019;322(2):167-169. doi: 10. 1001/jama.2019.7982 4,Q 1�v'(E S COG2� A I BOARD OF COMMISSIONERS MEETING DATE: May 8, 2024 SUBJECT: Workforce Housing Program for Median -Income Earners (HOME Fund) BACKGROUND AND POLICY IMPLICATIONS: In May of 2023, the Board heard a proposal to establish a program to incentivize the building of new workforce homes which would remain affordable to qualified persons for 30 years by deed restriction. The program, called Workforce Home Ownership for Median - Income Earners (Workforce HOME) would provide a $30,000 builder credit for each home which is within the price range affordable for buyers having 80-120% of area median income (AMI). A Memorandum of Understanding has been drafted by the proposers, under which Neighborlmpact would administer the program relating to the initial sale of the home by conducting outreach, determining the eligibility of developers and potential buyers, overseeing the application processes and funding commitments, and managing all other administrative functions, including submitting reports to the County. However, the program as initially presented has materially changed to where it will be the County's responsibility to monitor and enforce violations for the duration of the 30-year deed restriction. Specifically, Section 12 of the deed restriction, is the County will need to avail itself of any remedies for a violation of the deed restriction. The only ongoing service provided by Neighborlmpact pursuant to the deed restriction would be for it to mail annual form letters out to the initial property owners reminding them of the deed restrictions. There would be no annual compliance declaration by the property owners or verification by staff. Rather, it would be up to the County or its designee to request any information or report that may be required to demonstrate compliance. It will be up to the County to either perform the following tasks or hire someone to provide the following tasks: request and collect information from property owners, verify the information, and seek enforcement of the deed restrictions if violations are discovered. County staff has requested Neighborlmpact for estimated costs to perform these services, as the $20,000 administrative fee to be paid to Neighborlmpact will not cover these costs. It is important to note that the County does not currently have staff, staff with expertise, or a designee to provide the services. ATTENDANCE: Morgan Greenwood, Central Oregon Builders Association Nick Lelack, AICP, County Administrator and Legal, Finance and Administration staff Deschutes County Workforce Home Ownership for Median -income Earners (Workforce HOME) Fund Memorandum of Understanding UPDATED DRAFT 4/1/2024 OVERVIEW: Neighborlmpact will implement the Home Ownership for Median -income Earners (HOME) Fund ("Program") with initial funding from Deschutes County ("County"). Additional funding for the Program may be provided by additional alternate sources. The intent of the Program is to provide a Developer Incentive per "Workforce Home" (defined as a home built in Deschutes County and sold within a price range determined to be affordable to a buyer who makes above 80% and up to 120% area median income ("AMI") in Deschutes County, as determined on an annual basis by the U.S. Department of Housing & Urban Development ["HUD"]). The buyer is required to a) make above 80% and up to 120% AMI for Deschutes County as determined by HUD, and b) be employed by or have an offer of employment from a Deschutes County employer (defined as a business or other enterprise [private or public] that has been in business in Deschutes County for at least 6 months from the date of buyer eligibility determination, and is registered by the Oregon Secretary of State with a principal place of business located in Deschutes County); in totality, these criteria comprise the definition of "Qualifying Income". The Workforce Home sales price is considered affordable when no more than 30% of annual household income of the buyer is spent on housing, including mortgage principal and interest; taxes; property insurance; and mortgage insurance. The Workforce Home will be built by a developer ("Developer") or builder/developer ("Developer"). The Developer Incentive is a $30,000 cash payment made payable to the Developer building the Workforce Home. The Developer Incentive will be paid to the Developer from an escrow account opened by Neighborlmpact after a) the building permit has been submitted to the applicable jurisdiction for approval, and b) the Developer has submitted its application for a Developer Incentive to Neighborlmpact declaring their intention to build a Workforce Home. The incentive can be utilized by the Developer at their discretion to offset the high cost of developing a Workforce Home in Deschutes County. To ensure on -going affordability, a 30-year deed restriction will be recorded by a licensed title and escrow company against the lot on which the Workforce Home will be built, and signed by the Developer prior to dispersal of the Developer Incentive. If the Developer does not own the lot on which the Workforce Home will be built, the lot owner must consent in writing to the recording. The deed restriction will require the Workforce Home to be the buyer's primary residence; place restrictions on the future Workforce Home sale price; and prohibit the buyer from obtaining a home equity line of credit or second mortgage, or refinancing the existing mortgage to take cash out. The deed restriction will require the buyer of a Workforce Home to contact HousingWorks prior to re -sale in order to determine the eligible sales price based on HUD -established AMI limits for Deschutes County for the year of sale. HousingWorks shall also provide a list of references of nonprofit housing providers who are capable of purchasing or assisting in the sale of the Workforce Home to a qualified buyer. The Developer must a) submit Workforce Home building permit to the applicable jurisdiction for approval, and b) submit its application for a Developer Incentive to Neighborlmpact declaring their intention to build a Workforce Home before Neighborlmpact will open an escrow account to hold the Developer Incentive; the application for a Developer Incentive qualifies as a sales agreement, and allows for an escrow account to be opened. After the required deed restriction has been recorded, Neighborlmpact will convey the funds to the escrow account, whereupon a licensed Deschutes County title and escrow company will distribute the Developer Incentive to the Developer. Partners currently include Neighborlmpact, Housing Works, Deschutes County and Central Oregon Builders Association ("Partners"). Additional Partners may be added if and when additional funding is secured. ROLES AND RESPONSIBILITIES OF PARTNERS: Neighborlmpact shall be responsible for the following: (A) Developer and Proposed Eligibility Determination • Providing ongoing maintenance of the application process and affordability standards. Only the following can be considered in the housing costs: principal, interest, tax, and insurance costs as described in the Overview section above. The affordability standards will be regularly updated to reflect annual updates by HUD to Deschutes County AMI limits. The affordability standards will be attached to the Developer application and available at community development departments located in the County ("CDDs") to provide Developers with up-to-date affordability data. • Accepting applications from Developers and confirming that final sales price meets affordability standards. • Communicating with CDDs and Developers as needed to track construction status and monitoring funding commitments. • Maintaining oversight of Program funding commitments; communicating with CDDs and Partners if/when funding is fully committed. • Mailing Workforce Home buyer confirmation letter on an annual basis to remind Workforce Home buyers of their Workforce Home's status as a Workforce Home and their obligations for maintaining such status. (B) Outreach and Workforce Home Buyer Eligibility Determination • Ongoing outreach on Workforce Home purchase opportunities, including posting purchase opportunities on Neighborlmpact website, outreach via newsletters and social media posts, and other methods. • Verifying income of interested buyers. • Verifying buyer's employment is located in the County. • Verifying that the Workforce Home will be buyer's primary residence. • Certification of eligible Workforce Home buyers. • Providing Homebuyer Education classes, a requirement for interested Workforce Home buyers. o Homebuyer Education classes to be paid for by the interested Workforce Home buyers. • Ensure buyer has signed off on appropriate documentation confirming their understanding of the deed restriction time frame; sales price limitation; primary residence; and mortgage restrictions. (C) Developer Incentive Administration • Upon application and building permit submittal, verifying Workforce Home eligibility • Setting up escrow with a licensed Deschutes County title and escrow company to administer recording of a deed restriction and issuance of incentive. • Issuance of 1099 form, and/or other required payment documents. • At closing of initial sale, verifying Developer eligibility and buyer eligibility. • Send check for Developer Incentive to the licensed Deschutes County title and escrow company to distribute to Developer. • Verification to escrow company that Developer has satisfied program requirements. • Maintain list of homes that have received Developer incentives, and convey updated list to HousingWorks on an annual basis. (D) Administrative Functions • Submitting reports to County and any additional funding partners in regard to Program status, funding commitments, and outcomes. • Participating in efforts to secure new funding for the Program. Central Oregon Builders Association shall be responsible for the following: 0 Development of the initial Program application and affordability standards. • Outreach and engagement with CDDs to establish Developer access to Program information and Program application materials during the building permit application process. • Outreach to Developers and the building community to market the availability of the Program and encourage Developers to be involved. • Creation of deed restriction template, agreed upon by County legal staff as the required deed restriction for the program. • Outreach to licensed title and escrow companies in Deschutes County to explain program. Housing Works (Regional Housing Authority) shall be responsible for the following: • Participate as the contacting agent upon resale of the Workforce Home in the recorded deed restriction. • Act as a resource for Workforce Home owner to determine eligible resales price based on HUD -established AMI for Deschutes County for the current year. Provide a list of references of nonprofit housing providers who are capable of purchasing or assisting in the sale of the Workforce Home to a qualified buyer. PROGRAM PROCESS: Neighborlmpact will review application and deem complete. Developer incentives will generally be committed/obligated on a "first come, first served" basis for eligible applicants. Upon confirmation of Program eligibility the following items will be initiated by Neighborlmpact. Developer Items: • Open an escrow account with a licensed Deschutes County title and escrow company. • Provide confirmation to licensed title and escrow company that the Developer has submitted an application for a Developer incentive, and submitted a building permit to the applicable jurisdiction. • Establish date of close of escrow • Confirmation of $30,000 incentive to be paid to the Developer and appropriate funds disbursement. o Include escrow recording duty • Provide confirmation of recorded deed restriction on property with terms outlined to Neighborlmpact and accepted on application. • Developer is responsible to pay deed restriction recording fee and escrow fee. • Developer must notify Neighborlmpact when the workforce home is available for sale. Listing Home to Eligible Buyers: • Conduct outreach and communicate the workforce home purchase opportunity to the public in order to ensure compliance federal Fair Housing commitments. If Workforce Home is listed through Multiple Listing Service (MLS), confirm that the listing outlines income eligibility, Deschutes County employment requirements, and 30-year affordability requirement. MLS listing must include owner occupancy requirement. At Closing of Initial Sale: • Confirm that the Workforce Home has met the program eligibility requirements. • Confirm that the Developer requirements outlined have been completed and considered satisfied and communicate to licensed title/escrow company. • Verify buyer has met Qualifying Income requirements. Program Maintenance: • Annually, Neighborlmpact will issue notification letters to all owners of Workforce Homes purchased through this Program. The purpose of the notification letter is to: a. Request verification that the Workforce Home is occupied by the buyer certified at the time of sale; and b. To provide information on the deed restriction and the resale process to ensure Workforce Home buyers are aware of the resale process and contact information for Neighborlmpact and Housing Works. An annual report will be submitted to any and all funding partner(s) upon full expenditure of Program funding. The information collected will be used to maintain record of the status of each workforce home and to identify any compliance issues or need for Workforce Home buyer technical assistance. If Neighborlmpact determines through this notification process that a home was sold or otherwise transferred to a new buyer in contradiction to the deed restriction, Neighborlmpact will notify Deschutes County of the potential need for legal action. DEFAULT: The Developer is considered in default if the Developer engages in a sale, transfer, or assignment in violation of the terms of this document, or changes the use of the property w ithout Neighborlmpact's prior written consent. In the event that the Developer does not satisfy the Program requirements by failing to sell the Workforce Home at a qualifying price to a qualified buyer, the deed restriction will be remain with the property. The Developer may be subject to litigation if the funding partner(s) decides to recoup their funds. If, for any reason, Neighborlmpact determines prior to closing that a Workforce Home buyer does not qualify for the purchase of a Workforce Home, the Developer will be notified. It is the Developer's responsibility to communicate this information to the listing agent. After becoming aware that the Workforce Home sale will not close, the Developer will ensure that any new prospective Workforce Home buyer is qualified by Neighborlmpact prior to sale. In the event of default by either the Developer, the Workforce Home buyer, or any subsequent owners, they may be subject to litigation if the funding partner(s) decides to recoup their funds, and the deed restriction will remain with the property. The Developer will acknowledge that in receiving the Incentive, the funding partner(s) has foregone other opportunities to fund projects that would have resulted in the long-term availability of Workforce Homes. In addition, the Developer, Workforce Home buyer, and any subsequent owners will acknowledge that the enforceability of the deed restriction is not specifically linked to the Developer Incentive a mount, and that repaying the Developer Incentive a mount is not a sufficient remedy for violating the terms of the deed restriction. Any funding partner(s) may take such other action available at law, in equity, or otherwise as may appear necessary to enforce the covenants, conditions, agreements and/or obligations of the Developer, Workforce Home buyer, or any subsequent owners in this Declaration, in such order and manner as it may select, to recover monetary damages caused by such violation or attempted violation of any covenant, condition, agreement, and/or obligation. Such damages to include but not be limited to all costs, expenses including, but not limited to, staff and administrative expenses, fees including but not limited to all reasonable attorneys' fees and costs which may be incurred by the funding partner(s) or any other party in enforcing or attempting to enforce the deed restriction following any event of default on the part of the Developer, Workforce Home buyer, any subsequent owner or its successors, whether the same shall be enforced by suit or otherwise; together with all such costs, fees and expenses which may be incurred in connection with any amendment to the deed restriction or otherwise at the request of the Developer, Workforce Home buyer, and any subsequent owner. No funding partner(s) has any obligation or requirement to enforce the deed restriction, or to seek any remedy under the terms outlined in the deed restriction. RESALE: The deed restriction will include all Program rules and eligibility factors, including the requirement that the Workforce Home be re -sold to a buyer who meets the employment eligibility requirements, and that all future 4 sales meet the affordability requirements of a Workforce Home, as outlined on Page 1 of this document. Prior to resale, Workforce Home owner must contact the regional housing authority (currently doing business as HousingWorks) in order to determine the new eligible sales price for that year based on HUD -established AMI for Deschutes County, and to receive a reference to nonprofit housing providers who are capable of purchasing or assisting in the sale of the Workforce Home to a qualified buyer. COMBINING PROGRAM WITH OTHER SHARED EQUITY PROGRAMS: Neighborlmpact recognizes that Developer applicants for this Program may intend to bundle or combine this incentive with other affordable/workforce housing incentives. This is permissible under this Program. However, in instances when a Developer utilizes multiple programs or incentives, the Developer must agree to the 30 year deed restriction associated with this Program. SUCESSORS This Memorandum of Understanding shall apply to any successors of the duties of Neighborlmpact and/or Housing Works. INITIAL BUDGET: In 2023, Deschutes County committed $500,000 of Transient Room Tax revenue to the Fund, with an additional commitment to allocate a further $500,000 of Transient Room Tax revenue to the fund in 2024. These funds will be distributed to Neighborlmpact from the County at the time of agreement execution between Neighborlmpact and funding partner(s), and will be held by Neighborlmpact in a restricted fund for Program purposes only. Deschutes County Funding: Upon allocation of the initial $500,000 for the 2023 commitment from Deschutes County, the funds will be budgeted in the manner described in Table A, below. The additional $500,000 that Deschutes County committed to allocating in 2024 will be budgeted in the same manner. Table A Description Budget Amount Developer Incentive Payments —16 Workforce Homes $480,000 Neighborlmpact Administration — Fiscal administration, legal support, fund commitment monitoring, Developer communication/coordination, title company coordination, and associated administrative management costs. $20,000 TOTAL: $500,000 (B) Workforce Home Buyer Application Fee: Neighborlmpact will charge interested Workforce Home purchasers an application fee of $400 for income verification and employment eligibility documentation. This fee will cover the cost of Neighborlmpact staff to document income and employment eligibility based on HUD income verification procedures. The application fee will remain comparable to fees assessed for similar services provided by Neighborlmpact to local nonprofit Workforce Home Developers. The $400 fee amount will be effective until initial allocation of funding is fully committed, including receipt of additional $500,000 from Deschutes County later in 2024. After the initial funding period, Neighborlmpact may, at its discretion, adjust the application fee amount based on an assessment of costs for performing the income verification, Workforce Home eligibility and increased business costs due to inflation and other factors. CONTRACT PERIOD: Neighborlmpact agrees to perform the duties enumerated herein for the amount identified in the "Initial Budget" section above until the initial allocation of funding is fully committed, including an additional $500,000 from Deschutes County later in 2024, from which Neighborlmpact shall receive an additional $20,000. As additional funding is received from additional sources, Neighborlmpact's administrative fee may be re -negotiated to ensure the Program remains viable and well -managed. PARTNERS: Dated: Signature Print Name Dated: Signature Print Name STATE OF OREGON ) ) ss. County of This record was acknowledged before me on , 20_, by Notary Public for State of Oregon STATE OF OREGON ) ss. County of ) This record was acknowledged before me on , 20, by Notary Public for State of Oregon THE HOME FUN® APPLICATION PROGRAM BACKGROUND The HOME Fund provides a $30,000 Developer Incentive to home builders to construct workforce homes and sell them to median -income earners making above 80% and up to 120% AMI who are employed in Deschutes County, as verified by Neighborlmpact. The Developer Incentive offsets high land and construction costs in Deschutes County so more Workforce Homes can be built. A 30-year deed restriction on the property ensures the Workforce Home remains affordable in the future to middle -income earners earning above 80% and up to 120% Area Median Income who are employed in Deschutes County. Home builders receive the $30,000 Incentive after recording the deed restriction. INSTRUCTIONS CHECKLIST • Obtain this HOME Fund application along when you pick up your building application in the jurisdiction where the home is located (Deschutes County, City of Bend, City of Redmond, City of La Pine, City of Sisters, Sunriver) • Complete this application. • Submit this application to Neighborlmpact (20310 Empire Ave, #A100, Bend, OR 97701) • Neighborlmpact will verify that your buyer is qualified for a Workforce Home • Neighborlmpact will provide the approved 30-year deed restriction, to be recorded at after this application and the building permit have been submitted • Receive the $30,000 credit at closing from escrow company • Sell and close on the home HOME BUILDER INFORMATION Company Name: First and Last Name of Authorized Agent who will serve as primary contact for purposes of this application: Phone of Authorized Agent: Email of Authorized Agent: Company Mailing Address: PROPOSED PROJECT DETAILS Location/Address of Home: Number of bedrooms: Proposed Sale Price: PROJECT TIMELINE Development and Construction Timeline: Estimated Closing Date: BUILDER ATTESTATION I (agent with authority to sign) declare that (company name) will comply with program rules and processes as found at XXX website (accessible from COBA and Neighborlmpact websites). I agree to protect affordability for this workforce home through a 30-year deed restriction implemented at closing. I pledge to require sale of this workforce home to an eligible home buyer as provided by Neighborlmpact. Printed First and Last Name of Authorized Agent Signature of Authorized Agent Date of signature HUD - 2024 DESCHUTES COUNTY HOME AFFORDABILITY MATRIX AFTER RECORDING RETURN TO: DECLARATION OF RESTRICTIVE COVENANT FOR WORKFORCE HOUSING This DECLARATION OF RESTRICTIVE COVENANT FOR WORKFORCE HOUSING (this "Declaration") is made by RECITALS ("Owner"), the owner of the property located at as more specifically described on Exhibit A ("Property"). Neighborlmpact or its successor or assign ("NI") administers the Deschutes County Home Ownership for Middle -Income Employees (HOME) Fund to provide a $30,000 incentive ("Incentive") per Workforce Home. Workforce Home is defined as a home built in Deschutes County and sold within a price range determined to be affordable to a buyer who makes above 80% and no higher than 120% AMI in Deschutes Couty, as determined on an annual basis by the United States Department of Housing and Urban Development ("HUD") on a per bedroom basis. NI will determine the buyer's eligibility and send yearly reminders of eligibility compliance to the Owner of the Workforce Home. Incentives are granted to developers to encourage the construction of Workforce Homes in Deschutes County. As a condition of receiving the Incentive, the Property must be subject to a restrictive covenant ensuring the Property will be developed, conveyed, sold and occupied as a Workforce Home for thirty (30) years. Further, the buyer of the Workforce Home must meet certain employment, occupancy and income requirements at the initial and subsequent resale the Workforce Home. The sales price shall be restricted as provided in this Declaration. Owner has applied for and been granted the Incentive and desires to restrict the Property as provided herein. The Funding Partner for this Declaration is the Deschutes County, a political subdivision of the State of Oregon. DECLARATION Owner hereby declares that the Property shall be held, conveyed, hypothecated, encumbered, used, occupied, and improved subject to the following: Qualifying Buyer. The Property shall be sold to an individual or individuals (a "Qualifying Buyer") as their primary residence who is currently employed by or has an accepted offer of employment from a Deschutes County Employer with incomes, at the time of initial and any subsequent closing dates until the Expiration Date (as defined below), above eighty percent (80%) and no higher than one hundred and twenty percent (120%) of area median income ("AMI") for Deschutes County as determined on an annual basis by the United States Department of Housing and Urban PAGE 1- DECLARATION OF RESTRICTIVE COVENANT FOR WORKFORCE HOUSING Development ("HUD"). If HUD ceases to provide such estimates of AMI, then the AMI shall mean such comparable figure for Deschutes County, Oregon published or reported by a federal, state, or local agency as the County shall select. NI shall determine if an individual or individuals are a Qualifying Buyer. 2. Deschutes County Employer. For purposes of this Declaration, "Deschutes County Employer" is defined as a business or other enterprise (private or public) that has been in business in Deschutes County, Oregon for at least 6 months from the date of eligibility determination, and is registered by the Oregon Secretary of State with a principal place of business located in Deschutes County, or other official documentation that can verify the business location in Deschutes County. 3. Sales Price. For purposes of this Declaration, the sales price of the Workforce Home must be within a price range determined to be affordable to a buyer who makes above 80% and no higher than 120% AMI in Deschutes County, Oregon as determined by HUD ("Maximum Amount") measured at the time the Qualifying Buyer takes title to or possession of the Property. Housing expense include mortgage principal and interest, taxes, property insurance, mortgage insurance, and any required association dues or assessments, if applicable. 4. Sale of the Property. a. Initial Sale. The initial sale of the Property (i.e. the sale immediately subsequent to the date this Declaration is recorded), must be to a Qualifying Buyer for an amount not to exceed the Maximum Amount. For purposes of this Declaration, a "sale" is any conveyance or commitment to a future conveyance for consideration. b. Voluntary Subsequent Sales. Following the initial sale of the Property, Owner may sell the Property at any time to (i) a party identified in Section 4.c. below, or (ii) a Qualifying Buyer provided that the actual sales price of the Property (after adjusting for any seller concessions) must not be more than the Maximum Amount. Seller is required to contact the regional housing authority in order to determine the Maximum Amount for the year of sale, and to receive a reference to nonprofit housing providers who are capable of purchasing or assisting in the sale of the Workforce Home to a Qualified Buyer. c. Voluntary Sale to Affordable Housing Organization. Notwithstanding the foregoing, Owner may donate or sell (for any reasonable amounts determined by the parties) the Property to: (i) any non-profit organization whose mission and operations support affordable housing, or (ii) any governmental agency whose mission and operations support affordable housing; provided, however, that any subsequent sale or conveyance by such non-profit organization or governmental agency would be subject to sale to a Qualifying Buyer who is employed by a Deschutes County Employer where the actual sales price of the Property is not more than the Maximum Amount and the Workforce Home is owner -occupied. d. Maximum Resale Price Determination. The Maximum Resale Price shall be determined by calculating the price that results from a mortgage expense which would be 30% of less of a Standard Households gross income. The Maximum Resale Price shall be PAGE 2 - DECLARATION OF RESTRICTIVE COVENANT FOR WORKFORCE HOUSING determined by applying the following factors: The 120% AM Estimate published by HUD for the year of the resale for the Standard Households, the indexed mortgage rate currently used by the Oregon Bond Residential Loan Program and an assumed 15% down payment. If any of the index sources cease publishing, the regional housing authority shall have the absolute discretion to apply sales price factors from substitute sources. e. Permitted Transfers. The following are considered permitted transfers, not subject to the restrictions on price provided in Section 4.b.: (i) transfer of title by gift, devise, or inheritance to the Owner's spouse or natural or adopted children; (ii) transfer of title due to the Owner's death to a surviving joint tenant, tenant by entireties, or a surviving spouse of community property; (iii) transfer to a spouse as part of divorce or dissolution proceedings; (iv) transfer of title by the Owner into an inter-vivos trust in which the Owner is the beneficiary; or (v) transfer of title or an interest in the Property to the spouse in conjunction with marriage. Provided, however, that any subsequent sale or conveyance by such person would be subject to sale to a Qualifying Buyer who is employed by a Deschutes County Employer where the actual sales price of the Property is not more than the Maximum Amount and the Workforce Home is owner -occupied. 5. Owner Occupancy Requirement. The Property must be owner -occupied for the duration of this Declaration until the Expiration Date. 6. No Discrimination. The Owner shall not give or allow to be given any preference to any particular group or class in selling the Workforce Home. The Owner shall not discriminate nor allow discrimination, in the provision of housing on the basis of race, creed, gender national origin, religion, marital status, sexual orientation, family status, age, or disability, or the receipt of public assistance. 7. Reporting; Verification of Compliance. The Owner of the Property must ensure that the Property is occupied and remains in compliance with this Declaration. NI shall send Owner yearly letters on compliance requirements. The Owner of the Property agrees to submit to the Funding Partner or its designee such information and reports as the Funding Partner may reasonably require to demonstrate compliance with the terms of this Declaration, including, but not limited to: (i) verification that the Workforce Home is owner -occupied, (ii) verification that the Owner's employment is with a Deschutes County Employer and (ii) proof of the Owner's income in the form of tax forms or pay stubs. 8. Other Restrictions. The Qualifying Buyer may not obtain a home -equity line of credit or second mortgage or refinance the Property to take cash out of the Property prior to the Expiration Date. The Property may be subject to additional restrictions on, including the prohibition of transfer, sale or rental under other instruments recorded in the official records of Deschutes County, Oregon, so long as they are in addition to, and not in lieu of or in contravention to, the conditions and restrictions contained in this Declaration. 9. Expiration. This Declaration will remain effective for a period of thirty (30) years commencing from the date on which the initial closing date of the Property (the "Expiration Date"). The terms, conditions and obligations of this Declaration shall automatically terminate on the Expiration PAGE 3 - DECLARATION OF RESTRICTIVE COVENANT FOR WORKFORCE HOUSING Date. All subsequent sales are subject to the conditions of this Declaration until the Expiration Date. Notwithstanding and without diminishing the automatic and self-executing nature of the termination provision, the Funding Partner shall, promptly upon the request of the Owner of the Property after the Expiration Date, execute an instrument reasonable acceptable to the Funding Partner that releases and quit claims its rights under this Declaration. The Owner of the property will solely be responsible for recording such instrument and for any associated costs. 10. Covenants Run with the Property. The Owner hereby declares its express intent that, during the term of this Declaration, the covenants, restrictions, agreement, and obligations set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors in title including any purchaser, grantee of any portion of the Property and any other person or entity having any right, title, or interest therein and upon the respective heirs, executors, administrators, devisees, successors and assigns of any purchaser, grantee, or lessee of any portion of the Property and any other person or entity having any right, title or interest therein. Each and every contract deed or other instrument hereafter executed covering or conveying the Property or any portion thereof or interest therein shall contain an express provision making such conveyance subject to the covenants, restrictions, charges and easements contained herein; provided, however, that any such contract, deed or other instrument shall conclusively be held to have been executed, delivered and accepted subject to such covenants, regardless of whether or not such covenants are set forth or incorporated by reference in such contract deed, or other instrument. 11. Owner Representations. a. Owner represents and warrants that the Incentive paid to it is an inducement to the Owner to comply with the terms of this Declaration and its application for the Incentive. Owner covenants, agrees and acknowledges that the Funding Partner providing the Incentive is a beneficiary of this Declaration and it relied upon the enforceability of this Declaration in providing the Incentive. b. Owner possesses all necessary power and authority to execute this Declaration, to subject the Property to the terms and conditions of this Declaration. c. The person executing this Declaration on behalf of the Owner has been duly authorized to act in such capacity and to take such other action as may be necessary to accomplish the purposes of this Declaration. d. Execution and delivery of this Declaration will not conflict with any provisions of the Owner's governing documents; breach any agreement to which Owner is a party; or violate any law, rule, regulation, covenant, conditions, restrictions, easements, or order to which Owner or the Property is subject in a manner that affects the enforceability of this Declaration; and e. This Declaration is the legal, valid and binding obligation of Owner, enforceable against Owner in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency, or other similar laws of general application, or by general principles of equity. PAGE 4 - DECLARATION OF RESTRICTIVE COVENANT FOR WORKFORCE HOUSING 12. Default and Remedies. Funding Partner or its designee may enforce the provisions of this Declaration. a. Events of Default. Any of the following shall be an event of default under this Declaration: i. Failure to perform or abide by any covenant, condition, or obligation of this Declaration. ii. Engaging in the sale, transfer, change of use or assignment of the Property in violation of the terms of this Declaration. b. Remedies. The following remedies are applicable to this Declaration in the event of a default hereunder: i. Funding Partner or its designee may, by mandamus or other suit, injunction, action or proceeding at law or equity, require Owner to perform its covenants, conditions, agreements and obligations in this Declaration or to abate, prevent, or enjoin any acts or things which may be unlawful or in violation of this Declaration. ii. Funding Partner or its designee may take such other action available at law, in equity, or otherwise as may appear necessary to enforce the covenants, conditions, agreements and/or obligations of the Owner in this Declaration, in such order and manner as it may select, to recover monetary damages caused by such violation or attempted violation of any covenant, condition, agreement, and/or obligation. Such damages to include but not be limited to all costs, expenses including, but not limited to, staff and administrative expenses, fees including but not limited to all reasonable attorneys' fees and costs which may be incurred by the Funding Partner or any other party in enforcing or attempting to enforce this Declaration following any event of default on the part of the Owner or its successors, whether the same shall be enforced by suit or otherwise; together with all such costs, fees and expenses which may be incurred in connection with any amendment to this Declaration or otherwise at the request of the Owner. iii. The remedies in this Section 12 are in addition to, and will not preclude any other remedy available under applicable law or equity. Remedies may be pursued consecutively or concurrently. iv. Funding Partner has no obligation to enforce this Declaration or seek any remedy hereunder. 13. Binding Effect. This Declaration shall run with the land and be binding upon and to take effect to all current and future interest holders in the Property until the Expiration Date. 14. Successors and Assigns. This Declaration shall be binding upon and shall inure to Owner's successors and assigns. 15. No Merger. The interests, rights, covenants, and obligation established by this Declaration shall not merge with the fee ownership of the Property. 16. Governing Law and Venue. This Declaration is governed by the laws of the State of Oregon, without giving effect to any conflict -of -law principle that would result in the laws of other PAGE 5 - DECLARATION OF RESTRICTIVE COVENANT FOR WORKFORCE HOUSING jurisdiction governing this Declaration. Any action, suit, or proceeding arising out of the subject matter of this Declaration will be litigated in courts located in Deschutes County, Oregon. 17. Attorney Fees. In the event of any suit, arbitration, or action arising from or related to this Declaration, the prevailing party in such suit, arbitration, or action arising from or related to this Declaration, shall be entitled to all costs and expenses incurred in connection with such suit, arbitration, or action, including title reports, expert witness fees, and such amount as the court may determine to be reasonable as attorney's fees and costs, including those incurred by the prevailing party in any appeal. 18. Severability. If any term or provision of this Declaration shall, to any extent, be held invalid or unenforceable in any respect, such invalidity or unenforceable shall not affect such term or provision in any other respect nor affect the remaining terms and provisions. It is in the intention that this Declaration be held valid and enforced to the fullest extent permitted by law. 19. Waiver. No waiver of any breach of any of the provisions herein shall be construed as, or constitute, a waiver of any other breach or a waiver, acquiescence in, or consent to any further or succeeding breach of the same or any other easement, covenant, or agreement. 20. Time of Essence. Time is of the essence of each of the Owner's obligations under this Declaration. OWNER: Dated: Signature Print Name Dated: Signature Print Name STATE OF OREGON ) ss. County of ) This record was acknowledged before me on , 20, by Notary Public for State of Oregon PAGE 6 - DECLARATION OF RESTRICTIVE COVENANT FOR WORKFORCE HOUSING STATE OF OREGON ) ss. County of ) This record was acknowledged before me on , 20_, by Notary Public for State of Oregon PAGE 7 - DECLARATION OF RESTRICTIVE COVENANT FOR WORKFORCE HOUSING E X E �a LU E 0 u 1 q� !+i oj fu 0 fu fu s� W s C Q) 0i 0 0 C a Q) a fu a fu fu M4 L ply 76 X th tj C,� H Z Ln m as fu 00 tn E w VA u m > rq fu r E E M CO CO 00 0 1 0 E 0 cq 0 > fa C 4-3 4-1 -Ne 0 m n ® f CL u ® c - a 0 CL > a 41 e� ru CL Q E 0) ® 1-4 ® ® a) > ° > MUM CL0d c� 0 y� a® -0!d S ien ml o� �^ fil w 0 0 qV� dm (1) 7 W E u79 m� E C, - � } tL9 w' Md i �m ° ® U CL q0l A 4 r— 0 ® u r a 0 ° q r fi G1 6'� W r L. �y 09 V) C� yq 1pgdyyl h_mfv q p@p��5/�� !3! 0. Z ® w o u ?-m > ® �_ 2 ® qqy} F4f ® > ® 0 m yq I d,�d f I1 t 0 Mr, 0 4-1 fa m 4— 4-1 m fa a. > 0 I � ©7 � z t MEETING DATE: May 8, 2024 SUBJECT: 2024 Public Safety Campus Plan RECOMMENDED MOTION: Move approval and adoption of Document Number 2024-389 2024 Deschutes County Public Safety Campus Plan. BACKGROUND AND POLICY IMPLICATIONS: 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 2 years, 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 and core services of each group on the campus. As the Board is aware, there is a recent proposal from a community member to site a managed residential facility in the location of the proposed Oregon State Police storage facility. A managed residential facility was not proposed until the last 45-60 days and this use was not identified as a core service by the steering committee during the 2-year planning process. The County has a formal pre -application meeting scheduled with the City of Bend Planning Division on Thursday, May 9th to explore the feasibility of the proposal, if the Board supports expending resources to evaluate this proposal. If the Board supports further evaluation of this proposal and inclusion of this use in the Public Safety Campus Plan, staff will schedule a Board work session to discuss the process and resources necessary to update the Plan prior to Board consideration of adoption. A draft of the 2024 Public Safety Campus Plan was sent on April 3, 2024 and on April 24, 2024 the team presented the vision, goals, and objectives of the 2024 Public Safety Campus Plan for Board review and consideration. The team is returning to the Board for final approval and adoption 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. ATTENDANCE: Lee Randall, Facilities Director Eric Nielsen, Facilities Capital Improvement Manager Henry Alaman, OTAK Emily Freed, Pinnacle Architecture Greg Cook, KMB Architects M V G a V V� C�s U 0 Q V o O U) 4-1 N O N 4JCD =�+- LU s t N t U / 2 :> N N N M � N a W_ c F- N � U Q a W 0 W Z a V1 N>-w w _ Z Q a a CLU OC�7�O NOH W N W N W V E J W Q W J o 0 U 0- N0. 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O O rJ rJ J TEl w " " �l tree. " 2 C C GO C u a C a OES `o O G a O C a v`i co C a 'O v R a "' y 'j N c a o� u s u s oc u «o u u o a uo v au aa0u J Z 2 Z J Z Z Z Z o to a Z 3� o Z= Z Z Z Sp y Q GU C C C r V ' a io r v c :° NlY �% N Y33 �yJ 3 S.94 M r a v 4 co ° f0 - °p o ° - - wo �Eiv - c n c c c- o w ° ro z z = OOv= a E: Q C C N i vUi N O O U = _lo o a R u v V V ti a YZsz a , c c u v o V o � � V � c U u° w o w U w o O LL o w u — al rILLI° �9 9 9 'o DMC \)TES CO BOARD OF COMMISSIONERS MEETING DATE: May 8, 2024 SUBJECT: Public Hearing: RVs as Rental Dwellings Text Amendments RECOMMENDED MOTION: At the conclusion of the public hearing, the Board may: • Continue the hearing to a date certain; • Close the hearing and leave the written record open to a date certain; • Close the hearing and set a date for deliberations; or • Close the hearing and commence deliberations. BACKGROUND AND POLICY IMPLICATIONS: The Board will hold a public hearing concerning legislative text amendments to Deschutes County Code Title 18, County Zoning, and Title 19, Bend Urban Growth Boundary Zoning Ordinance. The primary purpose of the amendments is to allow RVs as rental dwellings subject to certain criteria per the adoption of SB 1013. BUDGET IMPACTS: None ATTENDANCE: Tanya Saltzman, Senior Planner 1114IVA us] L10111111IT, TO: Deschutes County Board of Commissioners FROM: Tanya Saltzman, AICP, Senior Planner DATE: May 1, 2024 SUBJECT: Public Hearing: Senate Bill 1013 / Recreational Vehicles as Rental Dwellings The Board of County Commissioners (Board) will hold a public hearing on May 8 concerning legislative text amendments to Deschutes County Code (DCC), Title 18, County Zoning, and Title 19, Bend Urban Growth Boundary Zoning Ordinance. The primary purpose of the amendments is to allow RVs as rental dwellings subject to certain criteria per the adoption of SB 1013. I. Procedural Background Staff submitted a Post -Acknowledgement Plan Amendment (PAPA) notice to the Department of Land Conservation and Development (DLCD) on October 4, 2023. Staff presented information on the proposed amendments at a Planning Commission work session on October 12, 2023.' The Planning Commission held an initial public hearing on November 9, 2023, Z which was continued to December 14, 2023.'At that time, the hearing was closed, and the written record was held open until December 28 at 4:00 p.m. The Planning Commission began deliberating on January 11, 20244 and elected to continue the discussion to January 23 to form a complete recommendation to forward to the Board. After deliberating, the Planning Commission voted to not recommend adoption bythe Board. In addition, the Planning Commission chose to provide recommendations concerning the draft amendments if the Board chooses to move forward with adoption. Staff provided a summary of the amendments and the process thus far at a February 28 work sessions to the Board and followed up with additional information on several topics on March 27,6 at which time the Board directed staff to proceed with a public hearing. 1 httas://www.deschutes.org/bc-pc/page/planning-commission-41 2 https://www.deschutes.org/bc-pc/page/planning-commission-40 a https://www.deschutes.org/bc-pc/page/planning-commission-43 a https://www.deschutes.org/bc-pc/page/planning-commission-44 s https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-157 e https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-161 The record, which contains all memoranda, notices, and written testimony received, is available at the following website: www.deschutes.org/rvamendments. II. RVs as Rental Dwellings Background Rural residential zones exist throughout Oregon. By definition, rural residential zones exist outside of urban growth boundaries (UGBs) but are excluded from the state's resource land (farm and forest zone) protections. With certain exceptions, those protections allow residential uses only in conjunction with a farm or forest use. However, in rural residential zones, a dwelling can be a primary use of the land. Currently, state law allows counties to permit an additional dwelling on a property containing a house built prior to 1945, and allows accessory dwelling units in rural residential areas. However, unlike in urban zones, rural residential zones do not have any other by -right accessory dwelling options, making inter - generational and alternative housing options difficult to achieve. The Oregon Legislature adopted SB 1013 into law on July 23, 2023; the law became effective January 1, 2024. SB 1013 authorizes a county to allow an owner of a lot or parcel in a rural area to site on the property one recreational vehicle that is used for residential purposes and is subject to a residential rental agreement and additional criteria outlined below. SB 1013 does not obligate a county to allow RVs as rental dwellings. SB 1013 shares some criteria with recent rural ADU legislation in SB 391, such as the requirement to provide sewage disposal, and differs in other ways —for instance, no fire hardening requirements are written into SB 1013. c-n 4 A -Q L, f4,.,.-i�.,S M c I o] ,.l rhniollincrc in "ruirml aroac " Gnr thin ni irnncPc of qR 1 n1 a n Iral area DE) I V I J only authorize IX V J as r lal uvv� nn igS 1 r�' r... 1 has two definitions: either an area zoned for rural residential use as defined in ORS 215.501, or land that is within the urban growth boundary of a metropolitan service district, but not within the jurisdiction of any city, and zoned for residential use. Deschutes County's jurisdiction only includes lands outside of UGBs, so only the first component of the definition applies. Areas zoned for rural residential use are defined by.ORS 215.501 to mean "land that is not located inside a UGB as defined in ORS 195.060 (Definitions) and that is subject to an acknowledged exception to a statewide land use planning goal relating to farmland or forestland and planned and zoned by the county to allow residential use as a primary use." The applicable zoning designations in Deschutes County for these lands are Multiple Use Agricultural (MUA-10), Rural Residential (RR-10), Suburban Low Density Residential (SR 2.5), Urban Area Reserve (UAR-10), and Westside Transect Zone (WTZ). 111. Deschutes County RVs as Rental Dwellings Amendments In addition to only applying to lands recognized as rural residential exception areas, SB 1013 contains minimum criteria that must be met for a lot or parcel to qualify for an RV as rental dwelling. The proposed amendments also contain additional criteria not included in SB 1013, for reasons of safety as well as compatibility, developed in consultation with staff. Table 1 provides a summary of each provision of the amendments that are required by SB 1013. -2- Table 1 — SB 1013 Requirements Topic I SB 1013 Requirements I Comment Single Family Dwelling Urban Reserve Area SB 1013 Section 2(2)(b) requires one single- family dwelling that is occupied as the primary residence to be located on the lot or parcel. i 2(2)(a) requires that the lot located within an area in urban reserve as defined in SB 1013 Section 2(2)(d) prevents an RV Vacation Occupancy allowed in this law from being used for vacation occupancy as defined in ORS 90.100 or other short-term uses. Other Dwelling Units RV Ownership Essential Services SB 1013 Section 2(2)(c) requires that there are no other dwelling units on the property and no portion of the single-family dwelling is rented as a residential tenancy. SB 1013 Section 2(2)(e) requires the RV to be owned or leased by the tenant. B 1013 Section 2(2)(f) requires that the roperty owner provides essential services to ie RV space, as defined in ORS 90.100(13)(b). ,RS 90,100(13)(b) defines "essential services" s: :or a tenancy consisting of rental space for a ianufactured dwelling, floating home or creational vehicle owned by the tenant or iat is otherwise subject to ORS 90.505 )efinitions for ORS 90.505 to 0.850) to 90850 (Owner affidavit certifying ampliance with requirements for sale of icility): k) Sewage disposal, water supply, electrical upply and, if required by applicable law, any rainage system; and 3) Any other service or habitability obligation nposed by the rental agreement or ORS 0.730 (Landlord duty to maintain rented pace, vacant spaces and common areas in abitable condition),' the lack or violation of ihich creates a serious threat to the tenant's ealth, safety or property or makes the anted space unfit for occupancy." DCC 18.116.095(D)(1)(a) and DCC 19.92.170(A)(1)(a) are consistent with SB 1013. DCC 18.116.095(D)(1)(b) and DCC 19.92.170(A)(1)(b) are consistent with SB 1013, DCC 18.116.095(E) and DCC 19.92.170(A)(3) are consistent with SB 1013. Both require a restrictive covenant be recorded to ensure compliance. DCC 18,116.095(D)(1)(d) and DCC 19.92.170(A)(1)(d) are consistent with SB 1013. DCC 18.116.095(D)(2)(b) and DCC 19.92.170(A)(2)(b) are consistent with SB 1013, The RV may either be owned by the tenant or leased by the tenant from the property owner. DCC 18.116.095(D)(1)(f) and DCC 19.92.170(A)(1)(f) are consistent with SB 1013. In addition, these sections require the water supply to be frost protected and for a "Will Serve" letter to be provided if the recreational vehicle is to be served by any water source other than an onsite domestic well. -3- Topic SB 1013 Requirements Comment DCC 18.116.095(D) and DCC 19.92.170(A) contain the following appearance, repair, inspection, or siting standards developed at the local level: DCC 18.116.095(D)(1)(c) and DCC 19.92.170(A)(1)(c) require the lot area to be at least one acre in size. DCC 18.116.095(D)(2)(c) and DCC 19.92.170(A)(2)(c) require that the recreational vehicle include an operable toilet and sink. DCC 18.116.095(D)(1)(h) and DCC 19.92.170(A)(1)(h) require that if the recreational vehicle is located within a SB 1013 Section 2(3)(d) allows counties to structure, the structure must be Reasonable appearance, require that the RV complies with any entirely open on two or more sides. repair, inspection, or siting standards reasonable appearance, repair, inspection, or DCC 18.116.095(D)(1)(e) and DCC siting standards adopted by the county. 19.92.170(A)(1)(e) require that the recreational vehicle maintains a setback of at least 10 feet from the primary residence. DCC 18.116.095(D)(1)(g) and DCC 19.92.170(A)(1)(g) require that the property owner provide a parking pad for the recreational vehicle. DCC 18.116.095(D)(1)(e) requires that for properties located within the Wildlife Area Combining Zone, recreational vehicles are considered a structure and therefore must comply with the siting standards in 18.88.060(B). Using the baseline eligibility criteria of SB 1013 plus the 1-acre lot size criteria suggested by staff, approximately 12,410 properties meet the zoning requirement, are at least one acre in size, and already have a single-family dwelling on the property. An additional 2,909 properties are currently vacant but meet the other baseline criteria. Additional Options for Consideration SB 1013 provides the following additional options for counties, which were deemed not necessary by the Planning Commission based on public testimony received. -4- SB 1013 Section 2(3) allows counties these options to require from the property owner: • Register the use with the county. • Limit the amount of payments that the property owner may accept from the tenant under ORS 90.140 to those reasonably necessary to cover the owner's costs or losses. Ultimately, public testimony concerning these or other matters will inform the Board's decision on whether to adopt and if so, which criteria to include. Examples of other criteria not built into SB 1013 could include, but are not limited to, fire protection and snow protection (ramada). IV. Public Comments As of the date of submittal of this memorandum, (May 1), nine comments have been received from members of the public, and one from an agency (Sisters -Camp Sherman Fire District). These comments do not include those submitted during the Planning Commission process, nor those submitted to the Board concerning whether to hold a hearing. All comments, however, are available in the record at www.deschutes.org/rvamendments. V. Next Steps At the conclusion of the public hearing, the Board may: • Continue the hearing to a date certain; • Close the hearing and leave the written record open to a date certain; • Close the hearing and set a date for deliberations; or • Close the hearing and commence deliberations. Attachments: 1. Draft Amendments 2. Draft Findings -5- CHAPTER 16.12 ADDRESS NUMBERING 16.12.020 Procedures And Standards For Assigning New Address Numbers 16.12.030 Procedures And Standards For Changing Existing Address Numbers 16.12.040 Posting Of Address Numbers 16 12.020 Procedures And Standards For Assigning New Address Numbers The procedures for assigning new address numbers are as follows: A. When a building permit is issued for anew dwelling or other structure on a lot or parcel that does not have an address, the Community Development Department shall assign an address number based on the street location of the structure's access and its location in the Deschutes County Grid System. B. A new dwelling or structure with its access point on a North/South road will be assigned an address number based on its relationship to the grid system and where the access meets the road. C. A new dwelling or structure with its access point on an East/West road will be assigned an address number based on its relationship to the grid system and where the access meets the road. D. A new dwelling or structure with access on a North/South road will have an even address number assigned to it if it is on the East side of the road, and an odd address number assigned to it if it is on the West side of the road. E. A new dwelling or structure with access on an East/West road will have an even address number assigned to it if it is on the North side of the road, and an odd address number assigned to it if it is on the South side of the road. F. The numbers assigned to new dwellings or structures shall increase sequentially going North on a North/South road, and shall increase sequentially going East on an East/West road. G. New dwellings or structures on cul-de-sacs shall be numbered in a consecutive alternating sequence with even and odd numbers, as illustrated in Appendix "B," attached hereto. H. New dwellings or structures on circles or loops shall be numbered as illustrated in Appendix "C," attached hereto. I. Each new single-family dwelling or recreational vehicle as rental dwelling shall have one address number. J. New duplexes, triplexes and four-plexes shall be given an address number for each living unit. K. New apartment complexes, mobile home parks and other multi -unit complexes shall be given an address number as one dwelling. The owner of each such multi -unit establishment shall assign unit address numbers in a manner that is acceptable to the Community Development Department. L. After the effective date of Ordinance 2011-009, for the areas served by Redmond Fire and Rescue: 1. A new dwelling or structure with access on an East/West road will have an odd number assigned to it on the North side of the road, and an even number assigned to it on the South side of the road, to the extent possible, consistent with existing addresses in the immediate area; and 2. The addresses shall increase going north of Antler Avenue and shall increase going south of Antler Avenue. 3. Numbers shall increase going east of 1st Street, and shall increase going west of 1st Street. HISTORY Adopted by Ord. 89-010 §1 on 1212011989 Amended by Ord. 2012-009 §2 on 51212012 Amended by Ord. 2024-xxx §x on x1x12024 16.12.030 Procedures And Standards For Changing Existing Address Numbers The provisions of DCC 16.12.020 shall apply. In addition, the following procedures and standards shall apply to the changing of existing address numbers. A. The changing of an existing address number may be initiated by the Community Development Department, or by application by the property owner or any public agency that may be affected by the address number. B. All changes in address numbers shall conform to the County Grid System and the standards for address numbers set forth in DCC 16.12.020. Any application or proposed change not in conformance with these standards shall be denied. C. An existing address number maybe changed by the Community Development Department if it is not in conformance with the County Grid System and the standards for address numbers set forth in DCC 16.12.020. Proposed address number changes shall be carried out pursuant to the procedures set forth in DCC 16.12.030(F) through (1). D. An application to change an address number shall be made to the Community Development Department and shall include, at a minimum, the following: 1. Name of applicant; 2. Location of dwelling or structure; 3. Existing address number; 4. Reason for address number change; and 5. Fee, if any, as established by the Board. E. The Community Development Department shall evaluate any proposed change to determine whether it conforms to the standards set forth in DCC 16.12.020. If it does not, the application shall be denied. If the Community Development Department determines that the application is consistent with the standards set forth in DCC 16.12.020, it shall proceed consistent with the procedures set out in DCC 16.12.030(F) through (1). F. Notice of a proposed address number change shall be provided to the property owner and occupant. The notice shall inform the property owner and occupant of the County's intent to change the subject address 30 days from the date of the notice and the reason for the change. The property owner and occupant shall be given 10 days from the date of the notice to comment in writing on the proposal. G. The proposed address change shall become effective 30 days from the date of the notice provided for in DCC 16.12.030(F), unless the County determines from the comments received in response to the notice provided under DCC 16.12.030(F) that the proposed change does not conform to the standards set forth herein. H. Within 10 days of receipt of timely comments, notice shall be sent to commenting owners or occupants informing them of whether the proposed address number change was corrected in response to their rnmmantc in racP, where nrnnnsed address number chanties are corrected in response to comments, the corrected address number shall become effective as of the effective date proposed in the original notice of proposed address change, unless the corrected address is the address already in use by the owner or occupant. The Community Development Department shall notify the offices of the County Clerk, County Assessor, Road Department, Postmaster and any affected public safety departments of a changed address number within 30 days of the date the new number becomes effective. In addition, on a monthly basis, the Community Development Department shall publish a list of changed address numbers in a newspaper of general circulation designated for the purpose by the Board. HISTORY Adopted by Ord. 89-010 §1 on 1212011989 16.12.040 Posting Of Address Numbers A. General Requirements. 1. All property located outside the incorporated cities of Bend, Redmond and Sisters on which a structure is located shall display an address number. Such address numbers shall be permanently affixed in a location on the property that is clearly visible from the road used as the basis for numbering. The numbers shall not be less than three inches in height, shall be painted upon or affixed to the dwelling or structure in a contrasting and visible color, and shall comply with zoning or other ordinance standards for signs. 3. In cases where the dwelling or structure is not visible from the access road and where the mailbox is not located at the end of the access driveway, the applicable fire district or emergency services agency, if any, shall be contacted to determine another location for address display so that emergency vehicles can quickly locate the house or building. 4. All construction sites or structures under construction shall display a street address number. The numbers as displayed shall conform to the requirements in DCC 16.12.040(B) and (C), except that the numbers may be affixed to a sign visible from the road used as the basis for numbering. Every owner or commercial lessee of any structure shall be responsible for having the address number displayed thereon in conformance with the requirements of DCC 16.12.040(A). Assigned or Changed Address Numbers. Address numbers assigned or changed by the County under DCC 16.12 shall comply with the requirements of DCC 16.12.040 in addition to the requirements of DCC 16.12.040(B)(1). 1. Address numbers assigned or changed by the County must be displayed within 30 days from the date on which construction begins or on which the address becomes effective, as provided in DCC 16.12.030(G), except that address numbers assigned to sites with new construction shall be displayed from the start of construction on site. 2. Address numbers assigned by the County to structures erected after the effective date of DCC Title 16 must be permanently displayed before occupancy or use. At the time of final inspection of a new structure, the building official or his designee shall verify that assigned address numbers have been affixed as required above. 3. Every owner or commercial lessee shall be responsible for ensuring that the address number as assigned or changed by the County is displayed in accordance with the requirements of DCC 16.12.040(B). C. Failure to display an address number in conformance with the requirements set forth in DCC 16.12.040, or the display of an address number other than one assigned or changed in accordance with the provisions of DCC 16.12, shall be a violation. HISTORY Adopted by Ord. 89-010 §1 on 1212011989 CHAPTER 18.04 TITLE PURPOSE AND DEFINITIONS 18.04.030 Definitions 18.04.030 Definitions "Recreational vehicle" means a vehicle with or without motive power that is designed for human occupancy and as further defined by rule, by the Director of Transportation, at OAR 735-022-0140. HISTORY Adopted by Ord. PL-15 on 111111979 Amended by Ord. 82-013 §1 on 512511982 Amended by Ord. 83-037 §2 on 61111983 Amended by Ord. 83-033 §1 on 611511983 Amended by Ord. 84-023 §1 on 81111984 Amended by Ord. 85-002 §2 on 211311985 Amended by Ord. 86-032 §1 on 41211986 Amended by Ord. 86-018 §1 on 613011986 Amended by Ord. 86-054 §1 on 613011986 Amended by Ord. 86-056 §2 on 613011986 Amended by Ord. 87-015 §1 on 611011987 Amended by Ord. 88-009 §1 on 313011988 Amended by Ord. 88-030 §3 on 811711988 Amended by Ord. 88-030 §4 on 8/1711988 Amended by Ord. 89-004 §1 on 312411989 Amended by Ord. 89-009 §2 on 1112911989 Amended by Ord. 90-014 §2 on 711211990 Amended by Ord. 91-002 §11 on 21611991 Amended by Ord. 91-005 §1 on 31411991 Amended by Ord. 92-025 §1 on 411511991 Amended by Ord. 91-020 §1 on 512911991 Amended by Ord. 91-038 §§3 and 4 on 913011991 Amended by Ord. 92-004 §§1 and 2 on 21711992 Amended by Ord. 92-034 §1 on 41811992 Amended by Ord. 92-065 §§1 and 2 on 1112511992 Amended by Ord. 92-066 §1 on 1112511992 Amended by Ord. 93-002 §§1, 2 and 3 on 21311993 Amended by Ord. 93-005 §§1 and 2 on 412111993 Amended by Ord. 93-038 §1 on 712811993 Amended by Ord. 93-043 §§1, 1A and 18 on 812511993 Amended by Ord. 94-001 §§1, 2, and 3 on 311611994 Amended by Ord. 94-008 §§1, 2, 3, 4, 5, 6, 7 and 8 on 61811994 Amended by Ord. 94-041 §§2 and 3 on 911411994 Amended by Ord. 94-038 §3 on 101511994 Amended by Ord. 94-053 §1 on 121711994 Amended by Ord. 95-007 §1 on 31111995 Amended by Ord. 95-001 §1 on 312911995 Amended by Ord. 95-075 §1 on 1112911995 Amended by Ord. 95-077 §2 on 1212011995 Amended by Ord. 96-003 §2 on 312711996 Amended by Ord. 96-082 §1 on 1111311996 Amended by Ord. 97-017 §1 on 311211997 Amended by Ord. 97-003 §1 on 61411997 Amended by Ord. 97-078 §5 on 1213111997 Amended by Ord. 2001-037 §1 on 912612001 Amended by Ord. 2001-044 §2 on 1011012001 Amended by Ord. 2001-033 §2 on 1011012001 Amended by Ord. 2001-048 §1 on 1211012001 Amended by Ord. 2003-028 §1 on 912412003 Amended by Ord. 2004-001 §1 on 711412004 Amended by Ord. 2004-024 §1 on 1212012004 Amended by Ord. 2005-041 §1 on 812412005 Amended by Ord. 2006-008 §1 on 812912006 Amended by Ord. 2007-019 §1 on 912812007 Amended by Ord. 2007-020 §1 on 21612008 Amended by Ord. 2007-005 51 on 212812008 Amended by Ord. 2008-015 §1 on 613012008 Amended by Ord. 2008-007 §1 on 811812008 Amended by Ord. 2010-018 §3 on 612812010 Amended by Ord. 2010-022 §1 on 711912010 Amended by Ord. 2011-009 §1 on 10/1712011 Amended by Ord. 2012-004 §1 on 411612012 Amended by Ord. 2012-007 §1 on 51212012 Amended by Ord. 2013-008 §1 on 71512013 Amended by Ord. 2014-009 §1 on 81612014 Amended by Ord. 2015-004 §1 on 412212015 Amended by Ord. 2016-015 §1 on 71112016 Amended by Ord. 2016-026 §1 on 111912016 Amended by Ord. 2016-006 §1 on 212712017 Amended by Ord. 2017-015 §1 on 111112017 Repealed by Ord. 2018-005 §8 on 1011012018 Amended by Ord. 2018-006 §4 on 1112012018 Amended by Ord. 2019-010 §1 on 51812019 Amended by Ord. 2019-016 §1 on 212412020 Amended by Ord. 2020-001 §1 on 412112020 Amended by Ord. 2020-010 §1 on 71312020 Amended by Ord. 2020-007 §7 on 1012712020 Amended by Ord. 2021-013 §3 on 41512022 Amended by Ord. 2023-001 §2 on XIXXI2023 Amended by Ord. 2024-xxx §x on XIXX/2024 CHAPTER 18.116 SUPPLEMENTARY PROVISIONS 18.116.095 Recreational Vehicle As A Residence On An Individual Lot 18.116.095 Recreational Vehicle As A Residence On An Individual Lot A. A single recreational vehicle, as defined in DCC Title 18, maybe located on a lot or parcel in a manufactured dwelling park, mobile home park or recreational vehicle park, consistent with ORS 197.493(1), provided that: 1. The recreational vehicle is occupied as a residential dwelling; and 2. The recreational vehicle is lawfully connected to water and electrical supply systems and a sewage disposal system. A single recreational vehicle, as defined in DCC Title 18, may be located on a lot or parcel not containing a dwelling unit and not within in a manufactured dwelling park, mobile home park or recreational vehicle park and used as a temporary dwelling unit: 1. For a period totaling not more than 30 days in any consecutive 60-day period without obtaining a land use permit from the Deschutes County Planning Division; or 2. For a total period not to exceed six months in a calendar year by obtaining a temporary use permit under the terms of DCC 18.116.095 from the Deschutes County Planning Division. A temporary use permit may be renewed annually for use of a recreational vehicle under the terms of DCC 18.116.095 on the same lot or parcel. C. A single recreational vehicle, as defined in DCC Title 18, may be located on a lot or parcel containing a manufactured dwelling or single-family dwelling, where such dwelling is uninhabitable due to damages from natural disasters, including wildfires, earthquakes, flooding or storms, until no later than the date: 1. The dwelling has been repaired or replaced and an occupancy permit has been issued; The local government makes a determination that the owner of the dwelling is unreasonably delaying in completing repairs or replacing the dwelling; or 3. Twenty-four months after the date the dwelling first became uninhabitable. D. In the RR-10 and MUA-10 Zones a single recreational vehicle, as defined in DCC Title 18, maybe established as a rental dwelling provided the following requirements are met: 1 Prior to locating any recreational vehicle as a rental dwelling on a lot or parcel, the property owner must obtain County siting approval for the area of the lot or parcel upon which the recreational vehicle will be located and demonstrate compliance with the following standards: a. The subject lot or parcel contains a single-family dwelling or manufactured dwelling that is occupied as the primary residence of the property owner; i. As used in this section, "siting approval" includes County approval and/or property owner application for review of the proposed area for a recreational vehicle as a rental dwelling; ii. As used in this section "primary residence" means a dwelling occupied by the property owner on a long-term or permanent basis. b. The property is not within an area designated as an urban reserve in the Deschutes County Comprehensive Plan; c. The lot area is at least one acre in size; d. There are no other dwelling units, guest houses, or occupied recreational vehicles on the property and no portion of the manufactured dwelling or single- family dwelling is rented for residential tenancy. This prohibition does not apply to RVs under 18.116.095(C). e. The recreational vehicle shall maintain a setback of at least 10 feet from other structures; f. The property owner will provide essential services to the recreational vehicle space including: i. Sewage disposal frost protected water supply, electrical supply and, if required by applicable law, any drainage system, all installed with permits and to applicable codes; ii. Any other service or habitability obligation imposed by the rental agreement or ORS 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition), the lack or violation of which creates a serious threat to the tenant's health, safety or property or makes the rented space unfit for occupancy; and iii. A letter confirming that the supplier of water is "Willing and Able to Serve" the recreational vehicle shall be provided if the recreational vehicle is to be served by any water source other than an onsite domestic well. g. The property owner shall provide a parking pad for the recreational vehicle with a surface material of compacted gravel with a minimum thickness of 4", concrete with a minimum thickness of 3.5", or asphalt with a minimum thickness of 3"; h. If the recreational vehicle will be located within a structure, the structure shall be entirely open on two or more sides; i. For properties located in the Wildlife Area Combining Zone, a recreational vehicle approved under this section is subject to DCC 18.88.060(B); and j For properties located in the Surface Mining Impact Area Combining Zone, a recreational vehicle approved under this section is subject to DCC 18.56. 2 Prior to siting any recreational vehicle as a rental dwelling, the property owner must obtain County approval for each recreational vehicle used as a rental dwelling and demonstrate compliance with the following standards: a The recreational vehicle rental dwelling is subject to a written residential rental agreement as defined in ORS 90.100(39); b. The recreational vehicle shall be owned or leased by the tenant; c. The recreational vehicle shall include an operable toilet and sink; d The recreational vehicle has not been rendered structurally immobile; and e. The recreational vehicle shall be titled with a Department of Transportation. E. Prior to issuance of a Building Division permit the property owner shall sign and record with the County Clerk a restrictive covenant stating a recreational vehicle unit allowed under this section cannot be used for vacation occupancy, as defined in DCC 18.116.095(E)(1) and consistent with ORS 90.100, or other short-term uses. 1 "Vacation occupancy" means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel, that has all of the following characteristics: a The occupant rents the unit for vacation purposes only, not as a principal residence; and b The occupant has a principal residence other than at the unit; and c. The period of authorized occupancy does not exceed 45 days. 4)-.F.AII necessary permits shall be obtained from the Deschutes County Building Safety Division before connecting a recreational vehicle to sewer, water and/or electric utility services. €-G. A permit shall be obtained from the Deschutes County Onsite Wastewater EnviF^^^,^^ta Health Division before disposing any wastewater or sewage on -site. M. A recreational vehicle used as a Fesidemial ' ^'* er tempe'a"" dwell'"" ' Rit shall meet the same setbacks required of a manufactured dwelling or single-family dwelling on the subject lot. Gd. A recreational vehicle shall be fully licensed and ready for highway use, on its wheels or jacking system, shall be attached to the site only by quick disconnect type utilities and security devices, and shall have no permanently attached additions. #JJ. As identified in this section, a sh4gle-recreational vehicle located within a special flood hazard area is subject to the standards and criteria established by DCC 18.96. HISTORY Amended by Ord. 91-038 §3 on 913011991 Amended by Ord. 95-075 §1 on 1112911995 Amended by Ord. 98-062 §1 on 121911998 Amended by Ord. 2007-019 §4 on 912812007 Amended by Ord. 2023-001 §16 on 513012023 Amended by Ord. 2024-OXX §XX on XIXV2024 CHAPTER 18.120 EXCEPTIONS 18.120.020 Nonconforming Lot Sizes 18.120.020 Nonconforming Lot Sizes A. Any parcel of land or portion thereof which is to be dedicated to a public or other entity for a road, canal, railroad, utility or other public use shall be exempt from the minimum lot size requirements set forth by DCC Title 18. Whereas land sections in the County are affected by survey adjustments, minimum requirements relative to lot sizes, where applicable, shall be considered as standard metes and bounds land section division, (i.e., 160 acres, 80 acres, 40 acres, 20 acres, etc.); lot sizes, therefore, may be reasonably smaller than set forth by DCC Title 18 if a total section acreage reduction is due to a survey adjustment or other man made barriers over which the applicant has had no control. C. Any lot or parcel that is smaller than the minimum area required in any zone maybe occupied by an allowed use in that zone provided that: 1. The lot or parcel is a lot of record, as defined in DCC 18.04.030, Lot of record. 2. The use conforms to all other requirements of that zone. 3. If there is an area deficiency, residential use shall be limited to a single dwelling unit. a. For residential uses with minimum acreage standards specified elsewhere in Title 18, those standards shall prevail. 4. All necessary permits are obtained. D. Lots or parcels within the Rural Residential Zone (RR-10) that are separated by an arterial right of way created after June 30, 1993, shall be exempt from the minimum lot dimension of 10 acres in size. Such parcels may be partitioned only as separated by the right of way and shall not be smaller than one acre. HISTORY Adopted by Ord. PL-15 §6.020 on 111111979 Amended by Ord. 87-015 §§1 and 2 on 611011987 Amended by Ord. 93-034 §2 on 613011993 Amended by Ord. 2017-015 §2 on 111112017 Amended by Ord. 2024-xxx §x on x/x12024 CHAPTER 19.04 TITLE, COMPLIANCE, APPLICABILITY AND DEFINITIONS 19.04.040 Definitions 19.04.040 Definitions "Recreational vehicle" means a vehicle with or without motive power that is designed for human occupancy and as further defined by rule by the Director of Transportation, at OAR 735-022-0140. HISTORY Adopted by Ord. 80-217 §1 Exhibit A on 1211811980 Amended by Ord. 82-011 on 81911982 Amended by Ord. 83-041 §2 on 61111983 Amended by Ord. 86-032 §1 on 41211986 Amended by Ord. 86-033 §1 on 41211986 Amended by Ord. 86-017 §1 Exhibit a on 613011986 Amended by Ord. 86-055 §1 on 613011986 Amended by Ord. 86-058 §1 on 613011986 Amended by Ord. 88-042 §3 on 1211911988 Amended by Ord. 90-038 §1 on 101311990 Repealed & Reenacted by Ord. 90-007 §1 on 121711990 Amended by Ord. 91-001 §1 on 112811991 Amended by Ord. 91-029 §§1, 8, 9 and 10 on 81711991 Amended by Ord. 92-043 §1 on 512011992 Amended by Ord. 93-018 §1 on 511911993 Amended by Ord. 94-005 §§1 & 2 on 611511994 Amended by Ord. 95-045 §15 on 612811995 Amended by Ord. 96-071 §1D on 1213011996 Amended by Ord. 97-017 §1 on 311211997 Amended by Ord. 97-038 §1 on 812711997 Amended by Ord. 99-001 §§2-4 on 111311999 Repealed & Reenacted by Ord. 2009-002 §1,2 on 211112009 Amended by Ord. 2013-013 §1 on 712512013 Amended by Ord. 2014-016 §1 on 1212912014 Amended by Ord. 2016-016 §1 on 61112016 Amended by Ord. 2017-009 §7 on 712112017 Amended by Ord. 2020-001 §17 on 412112020 Amended by Ord. 2020-010 §8 on 71312020 Amended by Ord. 2021-009 §2 on 611812021 Amended by Ord. 2024-xxx §x on x1x12024 CHAPTER 19.76 SITE PLAN REVIEW 19.76.020 Site Plan Requirements 19.76.020 Site Plan Requirements In all zones, except for a single-family dwelling, accessory dwelling unit, duplex or triplex unit on one lot, all new uses, buildings, recreational vehicles as rental dwellings, outdoor storage or sales areas and parking lots or alterations thereof shall be subject to the provisions of DCC 19.76.020. Site plan approval shall not be required where a proposed alteration of an existing building does not exceed 25 percent of the size of the original structure unless the Planning Director finds the original structure or proposed alteration does not meet the requirements of DCC Title 19 or other ordinances of the County. HISTORY Adopted by Ord. PL-11 on 711111979 Repealed & Reenacted by Ord. 90-038 §1 on 101311990 Amended by Ord. 2024-OXX §XX on XIXXI2024 CHAPTER 19.92 INTERPRETATIONS AND EXCEPTIONS 19.92.170 Recreational Vehicles as Rental Dwellings In UAR-10, SR-2 %, And WTZ Zones 19.92.170 Recreational Vehicles as Rental Dwellings In UAR-10, SR-2 %, And WTZ Zones A In the UAR-10 SR 2 % and WTZ Zones, a single recreational vehicle, as defined in DCC 19.04, may be established as a rental dwelling provided the following requirements are met: 1. Prior to locating any recreational vehicle as a rental dwelling on a lot or parcel, the property owner must obtain County siting approval for the area of the lot or parcel upon which the recreational vehicle will be located and demonstrate compliance with the following standards: a. The subject lot or parcel contains a single-family dwelling or manufactured dwelling that is occupied as the primary residence of the property owner; i. As used in this section, "siting approval" includes County approval and/or property owner application for review of the proposed area for a recreational vehicle as a rental dwelling; ii Ac ucari in this aartinn. "nrimary residence" means a dwelling occupied by the property owner on a long-term or permanent basis. b. The property is not within an area designated as an urban reserve in the Deschutes County Comprehensive Plan; c The lot area is at least one acre in size• d. There are no other dwelling units, guest houses, or occupied recreational vehicles on the property and no portion of the manufactured dwelling or single- family dwelling is rented for residential tenancy; e. The recreational vehicle shall maintain a setback of at least 10 feet from other structures; f. The property owner will provide essential services to the recreational vehicle space including: i. Sewage disposal, frost protected water supply, electrical supply and, if required by applicable law, any drainage system, all installed with permits and to applicable codes; and H. Any other service or habitability obligation imposed by the rental agreement or ORS 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition), the lack or violation of which creates a serious threat to the tenant's health, safety or property or makes the rented space unfit for occupancy. iii. A letter confirming that the supplier of water is "Willing and Able to Serve" the recreational vehicle shall be provided if the recreational vehicle is to be served by any water source other than an onsite domestic well. g. The property owner shall provide a parking pad for the recreational vehicle with a surface material of compacted gravel with a minimum thickness of 4", concrete with a minimum thickness of 3.5", or asphalt with a minimum thickness of 3"; and h. If the recreational vehicle will be located within a structure, the structure shall be entirely open on two or more sides. 2 Prior to siting any recreational vehicle as a rental dwelling, the property owner must obtain County approval for each recreational vehicle used as a rental dwelling and demonstrate compliance with the following standards: a. The recreational vehicle rental dwelling is subject to a written residential rental agreement as defined in ORS 90.100(39); b. The recreational vehicle shall be owned or leased by the tenant; c. The recreational vehicle shall include an operable toilet and sink; d. The recreational vehicle has not been rendered structurally immobile; and e. The recreational vehicle shall be titled with a Department of Transportation. 3 Prior to issuance of a Building Division permit, the property owner shall sign and record with the County Clerk a restrictive covenant stating a recreational vehicle unit allowed under this section cannot be used for vacation occupancy, as defined in DCC 19.92.170(A)(3)(a) and consistent with ORS 90.100, or other short-term uses. a. "Vacation occupancy" means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel, that has all of the following characteristics: i. The occupant rents the unit for vacation purposes only, not as a principal residence; and ii. The occupant has a principal residence other than at the unit; and iii. The period of authorized occupancy does not exceed 45 days. 4 All necessary permits shall be obtained from the Deschutes County Building Safety Division before connecting a recreational vehicle to sewer, water and/or electric utility services. 5 A permit shall be obtained from the Deschutes County Onsite Wastewater Division before disposing any wastewater or sewage on -site. 6. A recreational vehicle shall meet the same setbacks required of a manufactured dwelling or single-family dwelling on the subject lot. 7 A recreational vehicle shall be fully licensed and ready for highway use, on its wheels or inking system shall be attached to the site only by quick disconnect type utilities and security devices and shall have no permanently attached additions. 8 As identified in this section a recreational vehicle located within a special flood hazard area is subject to the standards and criteria established by DCC 19.72. HISTORY Adopted by Ord. 2024-00x §x on fdatel IT►1111► 1. PROPOSAL This is a legislative text amendment to Deschutes County Code (DCC), Title 18, County Zoning, and Title 19, Bend Urban Growth Boundary Zoning Ordinance. The primary purpose of the amendments is to allow RVs as rental dwellings subject to certain criteria per the adoption of SB 1013. The proposal creates two new subsections (effectively the same but pertaining to different zones in Titles 18 and 19) that govern the criteria for RVs as rental dwellings. II. BACKGROUND A. Senate Bill 1013 The Oregon Legislature adopted SB 1013 into law on July 23, 2023; the law becomes effective January 1, 2024. SB 1013 authorizes a county to allow an owner of a lot or parcel in a rural area to site on the property one recreational vehicle that is used for residential purposes and is subject to a residential rental agreement and additional criteria outlined below. SB 1013 does not obligate a county to allow RVs as rental dwellings. SB 1013 shares some criteria with recent rural ADU legislation in SB 391, such as the requirement to provide sewage disposal, and differs in other ways —for instance, no fire hardening requirements are written into SB 1013. Rural residential exception areas and their corresponding zones exist throughout Oregon. By definition, rural residential zones exist outside of urban growth boundaries (UGBs) but are excluded from the state's resource land (farm and forest zone) protections. With certain exceptions, those protections allow residential uses only in conjunction with a farm or forest use. However, in rural residential zones, a dwelling can be a primary use of the land. State law allows counties to permit an additional dwelling on a property containing a house built prior to 1945 and SB 391 more generally allows accessory dwelling units in rural residential areas. However, unlike in urban zones, rural residential zones do not have any other by -right accessory dwelling options, making inter - generational and alternative housing options difficult to achieve. SB 1013 only authorizes RVs as rental dwellings in "rural areas." For the purposes of SB 1013, a rural area has two definitions: either an area zoned for rural residential use as defined in ORS 215.501, or land that is within the urban growth boundary of a metropolitan service district, but not within the jurisdiction of any city, and zoned for residential use. Deschutes County's jurisdiction only includes lands outside of UGBs, so only the first component of the definition applies. Areas zoned for rural residential use are defined by ORS 215.501 to mean "land that is not located inside a UGB as defined in ORS 195.060 (Definitions) and that is subject to an acknowledged exception to a statewide land use planning goal relating to farmland or forestland and planned and zoned by the county to allow residential use as a primary use." The applicable zoning designations in Deschutes 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q, (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd County for these lands are Multiple Use Agricultural (MUA-10), Rural Residential (RR-10), Suburban Low Density Residential (SR 2.5), Urban Area Reserve (UAR-10), and Westside Transect Zone (WTZ). B. Deschutes County Residential RV Amendments In addition to only applying to lands recognized as rural residential exception areas, SB 1013 also contains minimum criteria that must be met for a lot or parcel to qualify for an RV residential dwelling. As noted above, SB 1013 shares some similarities with SB 391, which allows for rural accessory dwelling units. In certain cases, the proposed amendments echo components of the zoning code developed in Deschutes County for rural ADUs. Lastly, the proposed amendments also contain additional criteria not included in SB 1013, for reasons of safety as well as compatibility. Table 1 provides a summary of each provision of the amendments that are required by SB 1013. Table 1 - SB 1013 Requirements I Topic I SB 1013 Requirements I Comment Single Family Dwelling Urban Reserve Area Vacation Occupancy Other Dwelling Units RV Ownership Essential Services SB 1013 Section 2(2)(b) requires one single- family dwelling that is occupied as the primary residence to be located on the lot or parcel. SB 1013 Section 2(2)(a) requires that the lot or parcel is not located within an area designated as an urban reserve as defined in ORS 19S.137. SB 1013 Section 2(2)(d) prevents an RV allowed in this law from being used for vacation occupancy as defined in ORS 90.100 or other short-term uses. SB 1013 Section 2(2)(c) requires that there are no other dwelling units on the property and no portion of the single-family dwelling is rented as a residential tenancy. SB 1013 Section 2(2)(e) requires the RV to be owned or leased by the tenant. SB 1013 Section 2(2)(fl requires that the property owner provides essential services to the RV space, as defined in ORS 90.100(13)(b). ORS 90.100(13)(b) defines "essential services" as "For a tenancy consisting of rental space for a ' manufactured dwelling, floating home or recreational vehicle owned by the tenant or DCC 18.116.095(D)(1)(a) and DCC 19.92.170(A)(1)(a) are consistent with SB 1013. DCC 18.116.095(D)(1)(b) and DCC 19.92.170(A)(1)(b) are consistent with SB 1013. DCC 18.116.095(E) and DCC 19.92.170(A)(3) are consistent with SB 1013. Both require a restrictive covenant be recorded to ensure compliance. DCC 18.116.095(D)(1)(d) and DCC 19.92.170(A)(1)(d) are consistent with SB 1013. DCC 18.116.095(D)(2)(b) and DCC 19.92.170(A)(2)(b) are consistent with SB 1013. The RV may either be owned by the tenant or leased by the tenant from the property owner. DCC 18.116.095(D)(1)(f) and DCC 19.92.170(A)(1)(fl are consistent with SB 1013. In addition, these sections require the water supply to be frost protected and for a "Will Serve" letter to be provided if the recreational vehicle is to be 2 of 39 Topic SB 1013 Requirements Comment that is otherwise subject to ORS 90.505 served by any water source other than (Definitions` for ORS 90.505 to an onsite domestic well. 90,850) to 90.850 (Owner affidavitcertifying compliance with requirements for sale of facility): (A) Sewage disposal, water supply, electrical supply and, if required by applicable law, any drainage system; and (B) Any other service or habitability obligation imposed by the rental agreement or ORS 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition), the lack or violation of which creates a serious threat to the tenant's health, safety or property or makes the rented space unfit for occupancy." 3 of 39 Topic SR 1013 Requirements Comment DCC 18.116,095(D) and DCC 19.92.170(A) contain the following appearance, repair, inspection, or siting standards developed at the local level: DCC 18.116.095(D)(1)(c) and DCC 19.92.170(A)(1)(c) require the lot area to be at least one acre in size. DCC 18.116.095(D)(2)(c) and DCC 19.92.170(A)(2)(c) require that the recreational vehicle include an operable toilet and sink. DCC 18.116.095(D)(1)(h) and DCC 19.92.170(A)(1)(h) require that if the recreational vehicle is located within a SB 1013 Section 2(3)(d) allows counties to structure, the structure must be Reasonable appearance, require that the RV complies with any entirely open on two or more sides. repair, inspection, or reasonable appearance, repair, inspection, or siting standards siting standards adopted by the county. DCC 18,116.095(D)(1)(e) and DCC 19,92.170(A)(1)(e) require that the recreational vehicle maintains a setback of at least 10 feet from the primary residence. DCC 16.1 16.095(D)(1)(g) and DCC 19.92.170(A)(1)(g) require that the property owner provide a parking pad for the recreational vehicle. DCC 18.116.095(D)(1)(e) requires that for properties located within the Wildlife Area Combining Zone, recreational vehicles are considered a structure and therefore must comply with the siting standards in 18.88.060(B). Using the baseline eligibility criteria of SB 1013 plus the lot size criteria suggested by staff, approximately 12,410 properties meet the zoning requirement, are at least one acre in size, and already have a single-family dwelling on the property. An additional 2,909 properties are currently vacant but meet the other baseline criteria. III. REVIEW CRITERIA Deschutes County lacks specific criteria in DCC Titles 18, 19, 22, or 23 for reviewing a legislative text amendment. Nonetheless, since Deschutes County is initiating one, the County bears the Palle 4 of 39 responsibility for justifying that the amendments are consistent with Statewide Planning Goals and its existing Comprehensive Plan. IV. FINDINGS CHAPTER 22.12, LEGISLATIVE PROCEDURES Section 22.12,010. Hearing Required FINDING: This criterion will be met because a public hearing was held before the Deschutes County Planning Commission and Board of County Commissioners. Section 22.12.020, Notice Notice A. Published Notice 1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least 10 days prior to each public hearing. 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. FINDING: This criterion will be met as notice was published in the Bend Bulletin newspaper for the Planning Commission public hearing, and 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. _.- -........ ... - 3age 5 of _39 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. 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 November 9. The Board then held a public hearing on [DATE TBD]. These criteria are met. Section 22.12.050 Final Decision All legislative changes shall be adopted by ordinance FINDING: The proposed legislative changes will be implemented by Ordinance No. [number TBD] upon approval and adoption by the Board of County Commissioners. This criterion will be met. B. Statewide Planning Goals and Guidelines Goal 1: Citizen Involvement: The amendments do not propose to change the structure of the County's citizen involvement program. Notice of the proposed amendments was provided to the Bulletin for the Board public hearing. Goal 2: Land Use Pianoin�: This goal is met because ORS 197.610 allows local governments to initiate post acknowledgments plan amendments (PAPA). An Oregon Land Conservation and Development Department 35-day notice was initiated on October 4, 2023. The Planning Commission held a public hearing on November 9, 2023 and the Board of County Commissioners held a public hearing on [DATE TBD]. The Findings document provides the adequate factual basis for the amendments. Goal 3: Agricultural Lands: No changes related to agricultural lands are proposed as part of the text amendments. This goal does not apply. Page 6 of 39 Goal 4: Forest Lands: No changes related to forest lands are proposed as part of the text amendments. This goal does not apply. Goal 5. Open Spaces Scenic and Historic Areas, and Natural Resources: By adopting SB 1013 in 2023, the Oregon Legislature added a new use, recreational vehicle as residential tenancy (or rental dwelling), to rural residential exception areas. Local governments can choose to allow this use by amending their zoning codes and complying with SB 1013's development standards. Goal 5 does not apply. However, to the extent it is determined that Goal 5 does apply, local governments apply Goal 5,to a PAPA when the amendment allows a new use and the new use could be a conflicting use with a particular Goal 5 resource site on an acknowledged resource list. Certain areas in rural Deschutes County, zoned MUM 0 and RR-10, contain Goal 5 resources because they are overlaid with a Wildlife Area Combining Zone. These two zones are being amended to allow RVs as rental dwellings and are therefore subject to an ESEE Analysis. No other changes to the code warrant specific ESEE Analysis as they are not adding new uses that conflict with Goal 5 resources. The ESEE analysis is included in AppendixA which is attached to this document. Goal 6: Air Water and Land Resources Quality: The proposed text amendments do not propose changes to the County's Comprehensive Plan policies or implementing regulations for compliance with Goal 6, and therefore are in compliance. However, it is worth noting that the amendments require a minimum lot size of 1 acre in an effort to protect sensitive groundwater resources that can be further stressed by the wastewater disposal of denser development patterns. To further .�, these rncn��rroc CR 1n1'2 rnm6roc that tho nrnnorty n1A/nor nrnvirlo CaMInCYo rlicnncal anal protect U ese 1 esOul \,c.J, J_ i v I - i Ili— ca a 1-1 a — N. _11— ..y v ,._., V- ..... .,.. 1-b- ... i., �., ....+.-. ,, ..., — applicants must receive a permit from Deschutes County Onsite Wastewater Division before disposing any wastewater or sewage on -site. Goal 7: Areas Subject to Natural Disasters and Hazards: The proposed text amendments do not propose to change the County's Comprehensive Plan or implementing regulations regarding natural disasters and hazards; therefore, they are in compliance. Goal 8: Recreational Needs: Recreational vehicles as rental dwellings are not a recreational use or need, but rather are intended to provide housing. This goal does not apply. Goal 9: Economic Development: Recreational vehicles as rental dwellings are not primarily economic in nature. This goal does not apply. Goal 10: Housing: This goal is not applicable because unlike municipalities, unincorporated areas are not obligated to fulfill certain housing requirements. Goal 11: Public Facilities and Services: Recreational vehicles as rental dwellings in the rural county typically rely on domestic wells and onsite wastewater treatment systems. A Goal 11 exception would be required for a centralized sewer system and would need to be applied on a property specific, needs related basis. This goal does not apply. Pal?e 7 of 39 Goal 12: Transportation: By adopting SB 1013 in 2023, the Oregon Legislature added a new use, recreational vehicles as rental dwellings, to rural residential exception areas. Local governments can choose to allow this use by amending their zoning codes and complying with SB 1013's development standards. Staff does not anticipate that the addition of recreational vehicles as rental dwellings on approximately 12,410 currently eligible lots will create a significant or adverse effect to the County transportation system and thus complies with the TPR. Goal 13: Energy Conservation: The proposed text amendments do not propose to change the County's implementing regulations regarding energy conservation. This goal does not apply. Goal 14: Urbanization: The purpose of Goal 14 is to direct urban uses to areas inside UGBs. As the proposed amendments do not seek to allow urban uses on rural land, nor do they seek to expand an existing urban growth boundary, this goal does not apply. Goals 15 through 19: Deschutes County does not contain any of the relevant land types included in Goals 15-19. Therefore, these goals do not apply. C. Deschutes County Comprehensive Plan Chapter 3, Rural Growth Section 3.3, Rural Housing r-.. .,,1 a AAo;-+-;- +L, ., r r.v1 rhivrnrf-�r "nr4 crlfohI of hnllcina in tin in rnrnnmtor'i r ocrhlltPc rrlllntl/ l]UUI 1 IVI llllulll LIM l Ul u/ ullul ut-w ullu .�iJ"Y vJ "-- 6 Policy 3.3.5 Maintain the rural character of the County while ensuring a diversity of housing opportunities, including initiating discussions to amend State Statute and/or Oregon Administrative Rules to permit accessory dwelling units in Exclusive Farm Use, Forest and Rural Residential zones. FINDING: Implementing SB 1013, which allows recreational vehicles as rental dwellings to be sited in rural residential exception areas, is consistent with Policy 3.3.5, providing a needed housing option in the rural county. V. CONCLUSION: Based on the information provided herein, the staff recommends the Board of County Commissioners approve the proposed text amendments to allow an owner of a lot or parcel within a rural residential exception area to site a recreational vehicle as rental dwelling subject to certain restrictions and limitations. PaLye 8 of 39 Appendix A: ESEE Analysis Document to File No. 247-23-000700-TA Deschutes County Community Development October 4, 2023 9 of 39 Table of Contents Chapter 1: Overview of Goal 5 and ESEE Analyses............................................................11 Chapter 2: Deschutes County Goal 5 Inventory and Methodology..................................14 Chapter 3: Conflicting Use Analysis......................................................................................16 Chapter4: Impact Areas........................................................................................................19 Chapter 5: ESEE Analysis ...................................... 20 Chapter6: ESEE Decision.......................................................................................................27 Chapter 7: Program to Achieve Goal 5.................................................................................28 References Attachment 1 - Deschutes County Goal 5 Inventory Summary Table Attachment 2 - Inventory Site Maps Pale 10 of 39 Chapter 1: Overview of Goal 5 and ESEE Analyses Introduction This appendix report was prepared to supplement the findings document associated with File No. 247-22-000700-TA. Deschutes County is amending Deschutes County Code (DCC), Titles 18 and 19 to allow recreational vehicles (RV) as rental dwellings consistent with Senate Bill (SB) 1013 (2023) in Multiple Use Agricultural (MUA-10), Rural Residential (RR-10), Suburban Low Density Residential (SR 2.5), Urban Area Reserve (UAR-10), and Westside Transect Zones (WTZ). DCC Chapter 18.88 is the Wildlife Area (WA) Combining Zone, which recognizes four Goal 5 inventories: Antelope Range, Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat. Certain areas in rural Deschutes County, zoned MUA-10 and RR-10, are overlaid with a Deer Migration Corridor, Deer Winter Range, and/or Significant Elk Habitat. In addition, there are some areas zoned MUA-10 and RR-10 that contain Goal 5 riparian resources and their associated fish, furbearer, waterfowl, and upland game bird habitat. Recognizing that an RV as rental dwelling is a new conflicting use in the WA Combining Zone, Deschutes County is applying Goal 5 in consideration of this Post Acknowledgment Plan Amendment (PAPA). The full findings document provides additional detail and background information regarding the intent of the amendments and compliance with other applicable local and state regulations outside of Statewide Land Use Planning Goal 5 - Natural Resources, Scenic and Historic Areas, and Open Spaces. 1V1.,�.•4,..te� moll Ir1*v rnnl r. DrAQrnm CJ\.1 IM{.GJ %.\/MI I%-r %+vM1 .J ■ ■ vb■ ---- The purpose of Goal 5 is "to protect natural resources and conserve scenic and historic areas and open spaces." Local governments, as part of the Comprehensive Planning process, are required to inventory the extent, location, quality, and quantity of significant natural resources within their jurisdictional boundaries. Following this inventory, local governments then conduct an economic, social, environmental, and energy (ESEE) analysis to determine the extent to which land uses should be limited in order to adequately protect significant resources. Following an ESEE analysis, governments then establish a program to protect significant natural resources. Deschutes County established its initial Goal 5 natural resource inventory, ESEE analyses, and protection programs between the years of 1988-1994, as part of periodic review. In reviewing this document, it is important to acknowledge there are six policies and development standards within the Deschutes County Comprehensive Plan and DCC that were established through ESEEs over time that could still limit the development of RVs as rental dwellings near inventoried Goal 5 resources. Deschutes County finds the proposed amendments do not alter the following existing protections. 1. Setback Protections: 100-foot structural setback from the ordinary high water mark (OHWM) of rivers and streams. 11 of 39 2. Scenic Protections: Development near rivers in the Landscape Management Combining Zone must be reviewed for aesthetic compatibility. 3. Wetland Protections: Prohibition of fill or removal of any material or wetland vegetation, regardless of the amount, within the bed and banks of any stream or river or in any wetland unless approved as a conditional use. 4. Mitigation Protections: Impacts to any wetland or riverbank impacts to be fully mitigated, as evaluated by Oregon Department of Fish and Wildlife (ODFW). 5. Flood Plain Protections: All new construction, expansion or substantial improvement of an existing dwelling, an agricultural related structure, a commercial, industrial or other non-residential structure, or an accessory building in a designated Flood Plain must obtain a conditional use permit. 6. Combining Zone Requirements: Deer Migration Corridor, Deer Winter Range, Elk Habitat, and Sensitive Bird and Mammal Habitat have site specific requirements including development setbacks and/or seasonal construction requirements to prevent impacts to sensitive species and habitat. Required Steps and Discretionary Review Local governments are required to comply with Goal 5 when a PAPA allows a new use and the new use "could be" a conflicting use with a particular Goal 5 resource site on an acknowledged resource list.' Deschutes County is amending the MUA-10, RR-10, SR 2.5, UAR-10 and WTZ zoning chapters to allow recreational vehicles as rental dwellings consistent with SB 1013 (2023). Residential RVs have the potential to generate a certain level of noise and habitat alteration. As this new use could potentially impact Goal 5 resources, Deschutes County is conducting an ESEE Analysis to identify potential consequences and protections related to the amendments. RVs as rental dwellings will be added as a new permitted use in the MUA-10, RR-10, SR 2.5, UAR-10 and WTZ zones. As shown below, only two of those zones, MUA-10 and RR-10, contain Goal 5 resources and are being reviewed as part of this ESEE analysis. Table 2: Zones Containing Goal 5 Resources NINEr,-y' a sx w p 4p K • DCC Chapter 18.32, Multiple Use Agricultural • DCC Chapter 19.12, Urban Area Reserve Zone • DCC Chapter 19.20, Suburban Low Density Zone Residential Zone . DCC Chapter 18.60, Rural Residential Zone . DCC Chapter 19.22, Westside Transect Zone ' OAR 660-023-0250(3)(b) 12 of 39 ESEEs are meant to be analytical tools. The content of the ESEE is discretionary and is intended to be conducted by planning staff using existing information. An ESEE is not meant to focus exclusively on environmental impacts such as an Environmental Impact Statement (EIS) under the National Environmental Policy Act (NEPA). Additionally, Goal 5 explains "the ESEE analysis need not be lengthy or complex, but should enable reviewers to gain a clear understanding of the conflicts and the consequences to be expected." Z In utilizing this analytical tool, there are a few steps jurisdictions must include and address in accordance with OAR 660-023 - Procedures and Requirements for Complying with Goal 5: 1, Identify Conflicting Uses -Does the land use or activity negatively impact natural resources? 2. Determine Impact Area - What is the geographic extent to which land uses or activities adjacent to natural resources could negatively impact those resources? 3. Analyze ESEE Consequences - What are the positive and negative consequences (both for development and natural resources) of a decision to fully protect natural resources, fully allow conflicting uses, or limit conflicting uses? 4. Develop a program - How and to what extent will the natural resources be protected based on the ESEE analysis? A response to each of these steps is included throughout this report. The relevant page and chapter can be found in the table of contents. Z OAR 660-023-0040(1) Page 13 of 39 Chapter 2: Deschutes County Coal 5 Inventory and Methodology 660-23-0030 - Inventory Goa/ 5 Resources Stemming from periodic review, Deschutes County adopted inventories for a variety of Goal 5 natural resources (Attachment 1). Some of these resources have mapped geographic boundaries such as Deer Winter Range, whereas others are described as being located in general areas - such as furbearer habitat in riparian corridors. The inventories were produced at a countywide scale, with additional detail for the Deschutes River and its tributaries through the Deschutes County/City of Bend River Study. County staff digitized these habitat boundaries into Geographic Information Systems (GIS) shape files in the 2000s for public awareness. The shape files were created from hard copy maps and descriptions found in the ordinances establishing the County's Goal 5 program, in consultation with the Oregon Department of Fish and Wildlife (ODFW). Maps provided in this document include inventoried habitat that spatially overlaps with the MUA- 10 and RR-10 zones impacted by the proposed text amendments (Attachment 2). The habitat areas include: deer migration corridor, deer winter range, elk habitat, flood plain, and wetlands. Staff utilized the County's WA Combining Zone layers to determine the general extent of habitat for big game species as the Combining Zone was designed to cover a larger area than the habitat itself (Ordinance 92-046). Inventoried streams and rivers are shown on the map, as well as wetlands and flood plains. Goal 5 Riparian areas (flood plain, wetlands and 100 feet measured from ordinary high water mark) associated with these water bodies is also the habitat area for fish, furbearers, waterfowl, and upland game birds (Ordinance 92-041, 94-007). As the proposed text amendments are legislative and do not impact any specific properties, staff did not review Goal 5 impacts on an individual parcel level basis. Instead, staff identified the following potential resource sites in which the allowance of RVs as rental dwellings could potentially intersect with Goal 5 resources: Riverine Resources: Some properties in the MUA-10 and RR-10 zones are located in relative proximity to the Deschutes River, Little Deschutes River, Paulina Creek, and Whychus Creek and its associated Goal 5 Riparian Area.3 Ordinance 92-041 stated the following additional Goal 5 resources depend on riparian corridors for habitat: forbearer, waterfowl, and upland game bird habitat. As the extent of the habitat locations for these species are not detailed in a boundary description or on a map, staff assumes the species habitat is found entirely inside the Riparian Area boundary shown in Attachment 2. Wildlife Area Combining Zone: The WA Combining Zone was adopted as a protection measure for antelope, deer, and elk in Deschutes County. As an overlay zone, the mapped area conservatively identified typical habitat and migration areas and provided additional development requirements to ensure impacts to wildlife are properly mitigated alongside the underlying base zone regulations. 3 There are 404 RR-10 tax lots that are one acre or larger with a single-family dwelling and 247 that are vacant that abut the Little Deschutes River or Deschutes River. There are 479 tax lots one acre or larger that are split -zoned RR-10 or MUA- 10 with the Flood Plain Zone that contain a single-family dwelling and 291 that are vacant. The Flood Plain Zone is not recognized as a rural residential exception area. RR-10 and MUM 0 split zoned properties will be required to contain the minimum lot or parcel area to qualify for an RV as rental dwelling. 0-TA Page 14 of 39 The zone encompasses the previously inventoried area for Antelope Range, Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat. The proposed amendments add a conflicting use, RVs as rental dwellings, which affect three habitat ranges in MUA-10 and RR-10: Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat. These habitat ranges are shown in Attachment 2. The maps include federal land; however, these properties are not subject to Deschutes County land use regulations. The Deschutes County Goal 5 inventory also includes scenic and open space sites such as Landscape Management Rivers and Streams, State Scenic Waterways and Federal Wild and Scenic Rivers, and Ecologically and Scientifically Significant Natural Areas - Little Deschutes River / Deschutes Confluence (Attachment 1). Protection of these resources is focused on mitigating visual impacts of individual development proposals. Staff finds these resources are not impacted by the proposed amendments and therefore are not reviewed in this document. Pa.ze 15 of 39 Chapter 3: Conflicting Use Analysis 660-023-0040(2): Identify conflicting uses. Local governments shall identify conflicting uses that exist, or could occur, with regard to significant Goal 5 resource sites. To identify these uses, local governments shall examine land uses allowed outright or conditionally within the zones applied to the resource site and in its impact area. Local governments are not required to consider allowed uses that would be unlikely to occur in the impact area because existing permanent uses occupy the site. Deschutes County is proposing to add RVs as rental dwellings in the MUA-10 and RR-10 zones in the WA Combining Zone. RVs could be a conflicting use to significant Goal 5 resources as they generate vehicle trips and noise. Other uses that are allowed in the two zones are shown below. Table 3: Allowed Uses Zoning Outright Uses Conditional Uses Public use Semipublic use Dude ranch Kennel and/or veterinary clinic Guest house Manufactured home as a secondary accessory farm dwelling Exploration for minerals Private parks Agricultural uses rci so ial u�c aii xi iN Single family dwelling or Golf course manufactured home Type 2 or 3 Home occupation Harvesting a forest product Destination resorts Planned developments Class I and II road or street projects Cluster developments subject to land division standards Landfills MUA-10 Class III road or street project Timeshare Noncommercial horse stables Hydroelectric facility Horse events Storage, crushing and processing of minerals Operation, maintenance and piping of Bed and breakfast inn canals Excavation, grading and fill Type I Home occupation Religious institutions Historic accessory dwelling units Private or public schools Utility facility Cemetery Commercial horse stables Horse events Manufactured home park or RV park Wireless telecommunication facilities Guest lodge Surface mining in conjunction with operation and maintenance of irrigation system 00-TA Page 16 of 39 Zoning Outright Uses Conditional Uses Public park Dude ranch Personal use airstrip Planned developments Single family dwelling or Cluster developments manufactured home Recreation -oriented facility Utility facility Landfills Community center Cemetery Agricultural use Timeshare Class I and II road or street projects Hydroelectric facility subject to land division standards Bed and breakfast inn RR-10 Class III road or street project Golf course Noncommercial horse stables Excavation, grading and fill Horse events Religious institutions Operation, maintenance and piping of Public use canals Semipublic use Type I Home occupation Commercial horse stables Historic accessory dwelling units Private or public schools Manufactured home park or RV park Wireless telecommunication facilities Surface mining in conjunction with operation and maintenance of irrigation system General Impacts of Conflicting Uses The proposed amendments would allow RVs as rental dwellings in inventoried Goal 5 resources. As part of the ESEE review "a local government may conduct a single analysis for two or more resource sites that are within the same area or that are similarly situated and subject to the same zoning,,.4 In reviewing the proposed amendments, Deschutes County finds that the impacts from RVs in the MUA-10 and RR-10 zones as they relate to Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat are of such a similar nature that the impacts for these areas may be reviewed together via the general impacts described below. • Noise and Light RVs as a secondary dwelling may distress inventoried wildlife, as they seek to avoid noise and light. • Habitat Removal Preparing an appropriate site on a lot for an RV could require removal of upland vegetation, grading, and soil compaction that could alter drainage and runoff patterns. This could increase peak runoff, cause bank erosion, flooding, or increase the flow of sediment into water bodies. The removal of upland vegetation could also reduce tree canopy and understory vegetation which could be utilized by wildlife, outside of their primary habitat. 4 OAR 660-023-0040(4) Page 17 of 39 • Introduction of Invasive, Nonnative Plants RVs may contribute to the spread of invasive, nonnative plants which could replace and degrade native vegetation of which many species depend. • Habitat Fragmentation Additional human development may result in fences, roads, traffic and other barriers to the movement of terrestrial wildlife that is critical to their survival. Greater detail on these potential conflicts and their consequences is provided below. Pa.2e 18 of 39 Chapter 4: Impact Areas 660-023-0040(3): Determine the impact area. Local governments shall determine an impact area for each significant resource site. The impact area shall be drawn to include only the area in which allowed uses could adversely affect the identified resource. The impact area defines the geographic limits within which to conduct an ESEE analysis for the identified significant resource site. This step is discretionary and allows for the local jurisdiction to define which areas are the most vulnerable and/or most likely to be affected by the proposed amendments. The impact area for this ESEE analysis are properties that are within the Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat in the MUA-10 and RR-10 zones. As this ESEE is not for any specific property, but instead reflects changes to the code generally, there is no individual property specific data. Properties in this impact area can be found in Attachment 2 - Impact Area Maps Impact Area Methodology To understand the impact of the proposed amendments within the areas of significance noted above, an estimate of the number of parcels in those areas that meet the baseline RV as rental dwelling criteria and are non-federal (i.e. subject to Deschutes County zoning) is shown in Table 4 below. The table also provides an estimate for vacant parcels that meet the other eligibility criteria; these properties would not be eligible until a single-family dwelling is constructed first. Table 4: Number of Affected Non -Federal Properties in Impact Area Zone Deer Migration Deer Winter Elk Properties Containing One Single -Family Dwelling 4,059 518 169 Vacant Properties (Not Yet Eligible) 1,317 185 104 Total 5,376 703 273 700-TA Page 19 of 39 Chapter 5: ESEE Analysis 660-023-0040(4): Analyze the ESEE consequences. Local governments shall analyze the ESEE consequences that could result from decisions to allow, limit, or prohibit a conflicting use. The analysis may address each of the identified conflicting uses, or it may address a group of similar conflicting uses. A local government may conduct a single analysis for two or more resource sites that are within the same area or that are similarly situated and subject to the same zoning. The local government may establish a matrix of commonly occurring conflicting uses and apply the matrix to particular resource sites in order to facilitate the analysis. A local government may conduct a single analysis for a site containing more than one significant Goal 5 resource. The ESEE analysis must consider any applicable statewide goal or acknowledged plan requirements, including the requirements of Goal S. The analyses of the ESEE consequences shall be adopted either as part of the plan or as a land use regulation. Background Deschutes County is choosing to conduct a single analysis for all resource sites as the impacts from RVs as rental dwellings could have very similar impacts to both riparian areas and fish and wildlife that depend on the riparian area for their habitat, and for big game including deer and elk. As described above, the potential impacts fall into four general areas: Noise and Light RVs as a rental dwelling may distress inventoried wildlife, as they seek to avoid noise and light. Habitat Removal Preparing an appropriate site on a lot for an RV could require removal of upland vegetation, grading, and soil compaction that could alter drainage and runoff patterns. This could increase peak runoff, cause bank erosion, flooding, or increase the flow of sediment into water bodies. The removal of upland vegetation could also reduce tree canopy and understory vegetation which could be utilized by wildlife, outside of their primary habitat. Introduction of Invasive, Nonnative Plants RVs may contribute to the spread of invasive, nonnative plants which could replace and degrade native vegetation of which many species depend. • Habitat Fragmentation Additional human development may result in fences, roads, traffic and other barriers to the movement of terrestrial wildlife that is critical to their survival. -TA Page 20 of 39 This step is discretionary. The purpose of an ESEE analysis is to provide a qualitative exercise for local governments to weigh the positive and negative consequences of three scenarios in order to determine a preferred outcome. Governments may choose to use quantitative data as necessary but are not required to gather new information or hire wildlife biologists, economists, sociologists, or energy consultants. ESEE Scenario Descriptions Scenario (A) - Allow the Conflicting Use In this scenario, the local government may decide that a conflicting use should be allowed fully, without any restrictions, no matter the potential impacts on the inventory site(s). In this instance, the Goal 5 rule would require the government to determine the conflicting use is of such importance compared to the site that the use should be allowed without any protections or limitations. In choosing this scenario, the local government could still use other tools to protect the inventories that are currently in place. Scenario (8) - Prohibit the Conflicting Use In this scenario, the local government may decide that the inventory site is of such importance or the conflicting use has the potential to be so detrimental to the inventory site(s), that the conflicting use should be entirely prohibited. Scenario (C) - Limit the Conflicting Use In this scenario, the local government may decide that the inventory site and the conflicting use are ko+k iMr 1I on4F knihon rnmY»rori to onrh nthor anri thin I ICP chni dire hp Alln\A/Pri With limitations to UV LII II�IHUI lGl 11 VVI 1l.. 1.vl 111-1 �..0 — �. aw a.ii —1. 1—, a. _ 1.— ... .........—_ ...-.. ........... ..._..— —' balance the impacts to the inventory site(s). RVs as Rental Dwellings ESEE Analysis Scenario (A) Allow the Conflicting Use In this scenario, Deschutes County would allow RVs as rental dwellings in MUM 0 and RR-10 zones without any additional requirements to protect the inventoried resources. Economic Consequences: Permitting RVs as rental dwellings would have positive consequences by allowing a second dwelling on a property. Deschutes County is experiencing a housing shortage. Allowing RVs, which are generally small in size and cannot be used as vacation rentals, could help address work force housing shortages in the region and provide a housing type that has not historically been readily available in the rural county. It could reduce commuting costs for those workers that live in adjoining Crook, Jefferson and Klamath counties, and coupled with other workforce housing strategies, attract businesses and employment opportunities in Central Oregon. Allowing RVs could also have negative consequences. The development of RVs as rental dwellings in MUM 0 and RR-10 zones could increase land value, which could price out low and middle -income residents from the opportunity to own a home. Previous testimony from ODFW estimates that hunting and wildlife viewing contributed more than $50 million to the Deschutes County economy Pate 21 of 39 annually. Deschutes County is proposing to allow RVs in some areas that contain riparian areas and species that rely on the riparian area for habitat including fish, furbearers, upland game birds, and waterfowl. Allowing RVs near these areas could reduce income associated with wildlife viewing and hunting of these species. In some parts of the county, mule deer populations have declined up to 70% since 2000 as a result of human caused habitat reduction, fragmentation, and disturbance on winter range. By allowing RVs in Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat, there is the potential for greater disturbance of deer and elk populations that could reduce hunting and viewing opportunities. Social Consequences: Permitting RVs as rental dwellings could have positive consequences by allowing property owners with an existing single family dwelling to rent out an RV that accommodates aging parents or family members, farm help for those that are working on MUA-10 zoned agricultural properties or nearby Exclusive Farm Use zoned properties. By providing affordable housing, it could help lift people out of poverty and increase economic mobility. It could bring a positive impact on the surrounding community, encouraging social connections and lowering crime rates. It could also have negative consequences by allowing RVs as rental dwellings in rural areas with inadequate access to employment, schools, food markets, medical facilities and parks. This could lead to higher automobile dependence and vehicle emissions caused by more people driving to and from rural areas. Based on previous testimony from ODFW, there could also be negative impacts 4.. , , , +H„ r.,ron+i�l Inec r,f %A/HrJlifn hnhitat Man\/ racir1Pntc ad\/nrary nr¢ani7;; inns- and wildlife due o the Nvtci i iai 1�. 11 v1 , �.�"�. ..., V ................, _. _-_� _, o_...__._._.._, -...-. -- - agencies continue to express concerns regarding the loss of fish and wildlife habitat due to the region's rapid growth and development. There is a recognition that increases in human activity, especially in rural areas, displace habitat and diminish, however incrementally, Deschutes County's rural character and quality of life. The proposed amendments could have negative consequences due to increased human presence and infrastructure near the inventoried Goal 5 resources, which could lead to a reduced level of access and enjoyment for recreational ists. Environmental Consequences: In this scenario, RVs as rental dwellings would be permitted outright. As stated previously, RVs could present negative impacts as they have the potential to increase noise and light near fish and wildlife habitats, and in turn cause distress to inventoried Goal 5 species. Developing an appropriate site for an RV may require removal of upland vegetation, grading, and soil compaction that could alter drainage and runoff patterns. This could increase peak runoff, cause bank erosion, flooding, or increase the flow of sediment into water bodies. The removal of upland vegetation could also reduce tree canopy and understory vegetation which could be utilized by wildlife, outside of their primary habitat. Given the relatively small footprint of RVs, however, these impacts may be minor compared to other development types. Permitting RVs could create negative impacts to designated habitat for Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat. Based on previous testimony from ODFW, mule deer populations have declined up to 70% since 2000. Their testimony identified other elements contributing to reductions Page 22 of 39 in mule deer populations tied to human caused habitat reduction, fragmentation, and disturbance on winter range. As previously stated, the following Goal 5 protections established during the creation of the initial inventory would remain in place: 1. Setback Protections: 100-foot structural setback from the ordinary high water mark of rivers or streams. 2. Scenic Protections: Development near rivers in the Landscape Management Combining Zone must be reviewed for aesthetic compatibility. 3. Wetland Protections: Prohibition of fill or removal of any material or wetland vegetation, regardless of the amount, within the bed and banks of any stream or river or in any wetland unless approved as a conditional use. 4. Mitigation Protections: Impacts to any wetland or riverbank impacts to be fully mitigated, as evaluated by ODFW. 5. Flood Plain Protections: All new construction, expansion or substantial improvement of an existing dwelling, an agricultural related structure, a commercial, industrial or other non- residential structure, or an accessory building in a designated Flood Plain shall obtain a conditional use permit. c Comhininrr 7nno Dom 6romantr- naar Uioratinn rnrririnr r)aar Wintar Ranop rianificant Elk v. %_ i ivn ni ib w' — ��� 11— � i.... . .. .b. , —''... ' ..-..... .....__. .......o_, _.o.....__... -- - Habitat and Sensitive Bird and Mammal Habitat have site specific requirements including development setbacks and seasonal construction requirements to prevent impact to sensitive species and habitat. Existing protections would prevent riparian areas from being developed with ADUs established near them. As the existing Goal 5 measures in place today protect riparian areas and the fish and wildlife within that habitat area, the addition of ADUs near these areas will be neutral. Energy Consequences: RVs as rental dwellings are unlikely to cause any major energy consequences. Per SB 1013, the property owner must provide essential services, which includes electricity and wastewater disposal, to the RV site. It can also rely on an existing domestic well. A potential negative consequence of the proposed amendments could be additional development in rural Deschutes County. Depending on the location of the RV, it could lead to additional Vehicle Miles Traveled and greater congestion on county -owned roads for employment, education, and basic services. Page 23 of 39 Scenario (B) Prohibit the Confficting Use In this scenario, Deschutes County would not allow RVs as rental dwellings in the MUA-10 and RR- 10 zones associated with the WA Combining Zone and Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat. Economic Consequences: Prohibiting RVs could have negative economic consequences, as it prevents certain property owners from using their land and having a secondary dwelling unit. This could contribute to workforce housing deficiencies in the region and compel residents to commute from adjoining areas in Crook, Jefferson, and Klamath Counties. It could also have neutral consequences based on previous testimony from ODFW. Prohibiting RVs could contribute to stabilizing mule deer populations, thereby maintaining economic benefits from wildlife viewing or hunting. Wildlife viewing, hunting, and fishing experiences in Deschutes County are major economic assets to the region. Prohibiting RVs could minimize further habitat fragmentation and help maintain wildlife viewing, hunting, and fishing revenues in Deschutes County. Social Consequences: Prohibiting ADUs could have negative social consequences. Many residents and multi -generational families in Deschutes County need affordable housing and are rent -burdened. Limiting the potential supply of a unique housing type could exacerbate Central Oregon's housing crisis by forcing some residents to pay higher rents, commute longer distances for basic services, or relocate. Those circj � 1-onroc rni dA lnnrl 1-n fi irthor mental and nh%/Cira1 ,-trPzz It could also have positive consequences. Many residents express their appreciation for undisturbed landscapes because they contribute to Deschutes County's rural character and quality of life. Prohibiting RVs, which generate noise and light would continue to limit disturbance to existing fish and wildlife habitats. Environmental Consequences: There are 404 RR-10 tax lots, one acre or larger with a single-family dwelling and 247 that are vacant that abut the Little Deschutes River or Deschutes River. There are 479 tax lots one acre or larger that are split -zoned RR-10 or MUA-10 with the Flood Plain Zone that contain a single-family dwelling and 291 that are vacant. These properties contain a Goal 5 Riparian Area which is also the habitat for Goal 5 inventoried waterfowl, upland game bird, furbearers, and fish. The WA Combining Zone contains Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat. By prohibiting RVs and maintaining the status quo, these species will continue to be protected against habitat fragmentation and distress from second dwellings. The environmental consequences are therefore neutral. Energy Consequences: Energy consumption would have neutral consequences as this scenario maintains the status quo. Development associated with RVs may be displaced to other areas of rural Deschutes County, which could still have demands on utilities. -22-000700-TA Page 24 of 39 Scenario Q Limit the Conflicting Use In this scenario, Deschutes County would allow RVs as rental dwellings in the MUA-10 and RR-10 zones, with additional limitations to protect the inventoried resources, outside of existing protections. For example, a limitation could require the RV to be within a certain distance of the existing dwelling. Economic Consequences: Permitting RVs as rental dwellings would have positive consequences by allowing a second dwelling on a property. Deschutes County is experiencing a housing shortage. Allowing RVs, which are generally small in size and cannot be used as vacation rentals, could help address work force housing shortages in the region. It could reduce commuting costs for those workers that live in adjoining Crook, Jefferson and Klamath counties and coupled with other work force housing strategies, attract businesses and employment opportunities in Central Oregon. Compared to scenario (a) where there is no required area in relation to the primary residence in which the RV must be sited, the addition of limitations could lessen the impact by minimizing the buildable footprint and ultimately, the number of eligible properties, recognizing that some may not have enough area to accommodate an RV depending on site constraints. This could positively impact the hunting and wildlife viewing economy in Central Oregon, valued at $50 million annually. While such measures could lessen impacts, the overall burden caused by allowing RVs nevertheless may still overall impact wildlife and thereby impact revenue generated from the recreation economy. In comparison to scenario (a), which would allow the use outright, Deschutes County finds that this scenario would provide a limitation to reduce the amount of impacts, even if those impacts still exist. Social Consequences: The positive social consequences in this scenario are very similar to scenario (a). Permitting RVs could have positive consequences by allowing property owners with an existing single-family dwelling to have a dwelling that accommodates aging parents or family members, farm help for those that are working on MUA-10 zoned agricultural properties or nearby Exclusive Farm Use zoned properties. By providing affordable housing, it could help lift people out of poverty and increase economic mobility. It could bring a positive impact on the surrounding community, encouraging social connections and lowering crime rates. Adding a limitation requiring the RV to be within a certain distance of the existing dwelling (or other limitation) could establish a negative consequence, depending on siting, of RVs in rural areas with inadequate access to employment, schools, food markets, medical facilities and parks. This could lead to higher automobile dependence and vehicle emissions caused by more people driving to and from rural areas. Based on previous testimony from ODFW, there could also be negative impacts due to the potential loss of wildlife habitat stemming from the possible removal of habitat areas and construction of structures and their associated human presence. Many residents, advocacy Pa.ze 25 of 39 organizations, and wildlife agencies continue to express concerns regarding the loss of fish and wildlife habitat due to the region's rapid growth and development. There is a recognition that increases in human activity, especially in rural areas, displace habitat and diminish, incrementally, Deschutes County's rural character and quality of life. The proposed amendments could have negative consequences due to increased human presence and infrastructure near or within the inventoried Goal 5 resources, which could lead to a reduced level of access and enjoyment for recreationa lists. Environmental Consequences: RVs as rental dwellings could present negative consequences as they have the potential to increase activity, noise, and light near fish and wildlife habitats, and in turn cause distress to inventoried Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat. Siting of an RV may require removal of upland vegetation, grading, and soil compaction that could alter drainage and runoff patterns. This could increase peak runoff, cause bank erosion, flooding, or increase the flow of sediment into water bodies. The removal of upland vegetation could also reduce tree canopy and understory vegetation which could be utilized by fish and wildlife species, outside of their primary habitat. Given the relatively small footprint of RVs, however, these impacts may be minor compared to other development types. Permitting RVs could result in further negative impacts to the Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat. Based on recent testimony from ODFW, mule deer populations have declined up to 70% since 2000. Their testimony identified other elements contributing to reductions in mule deer populations tied to human caused habitat reduction, fragmentation, and disturbance on winter range. Existing protections in place today (discussed above) would prevent Goal 5 riparian areas from being developed when RVs are nearby. The establishment of RVs in these areas would likely be neutral. By limiting the RV to within a certain distance of the existing dwelling, the negative environmental consequences associated with RVs could be mitigated to a certain extent. Energy Consequences: The energy consequences in this scenario are the same as in scenario (a). Limiting the RV to within a certain distance of the existing dwelling could decrease the amount of energy used to operate the RV, considering the essential services that are required to be provided. Page 26 of 39 Chapter 6: ESEE Decision 660-023-0040(5): Develop a program to achieve Goals. Local governments shall determine whether to allow, limit, or prohibit identified conflicting uses for significant resource sites. This decision shall be based upon and supported by the ESEE analysis. A decision to prohibit or limit conflicting uses protects a resource site. A decision to allow some or all conflicting uses for a particular site may also be consistent with Goal 5, provided it is supported by the ESEE analysis. One of the following determinations shall be reached with regard to conflicting uses for a significant resource site: (c) A local government may decide that the conflicting use should be allowed fully, notwithstanding the possible impacts on the resource site. The ESEE analysis must demonstrate that the conflicting use is of sufficient importance relative to the resource site, and must indicate why measures to protect the resource to some extent should not be provided, as per subsection (b) of this section. The graphic below is meant to be a simplified representation to balance each of the ESEE factors. As stated in the ESEE analysis, there are a variety of positive, negative, and neutral consequences associated with each scenario. Deschutes County finds that the issue of allowing an RV as rental dwellings in MUM 0 and RR-10 zones are both a social and economic issue that outweighs the other ESEE consequences. The County considered allowing the use with limitations by limiting the siting of the RV to within a certain distance of the existing dwelling, but this practice could limit the number of affordable housing opportunities. Therefore, the County is choosing scenario (a), which will allow the use fully, notwithstanding the possible impacts on the resource sites. Table 5: ESEE Factors Support habitat Support Support Preserves Rural functions Affordable Recreational Character Transportation ESEE Factors (Environmental, Housing Economy (Social, (Energy) economic, (Social, (Economic, economic) social) economic) Social) Prohibit conflicting use 0 - 0 0 0 (No code change) Allow conflicting use Allow RVs with no - ♦ - - - additional requirements Limit conflicting use Allow RVs with - ♦ - - - additional limitation Page 27 of 39 Chapter 7: Program to Achieve Goal 5 660-023-0050(1): For each resource site, local governments shall adopt comprehensive plan provisions and land use regulations to implement the decisions made pursuant to OAR 660-023- 0040(5). The plan shall describe the degree of protection intended for each significant resource site. The plan and implementing ordinances shall clearly identify those conflicting uses that are allowed and the specific standards or limitations that apply to the allowed uses. A program to achieve Goal 5 may include zoning measures that partially or fully allow conflicting uses (see OAR 660-023-0040(5)(b) and (c)). 660-023-0050(2): When a local government has decided to protect a resource site under OAR 660- 023-0040(5)(b), implementing measures applied to conflicting uses on the resource site and within its impact area shall contain clear and objective standards. For purposes of this division, a standard shall be considered clear and objective if it meets any one of the following criteria: (a) It is a fixed numerical standard, such as a height limitation of 35 feet or a setback of 50 feet, (b) It is a nondiscretionary requirement, such as a requirement that grading not occur beneath the dripline of a protected tree; or... Deschutes County has determined that allowing RVs as rental dwellings within the MUA-10 and RR- 10 zones and within the Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat should be allowed fully, notwithstanding the possible impacts on the inventoried resources. The imnlPmPntints mPaCi irP-, rin not include alternative, discretionary procedures for compliance. e 28 of 39 Attachment 1- Deschutes County Significant Goal 5 Resources Inventoried Flood Plain Conflicts Comments Relevant Resource Relationship Ordinances Major conflicts are Floodplain zone recognized as removal of riparian program to achieve the goal to vegetation, fill and conserve fish habitat (Ordinance Nos. 88-030, 88-031, 89-009). Ordinance Nos. Fish Habitat removal activities 86-018, 86-053, (Inventory —Ord. within the bed and Others include: fill and removal 86-054, 86-056, No. 92-041, page Yes banks of streams or permits, wetland removal 88-030, 88-031, 18; creeks, rivers wetlands, regulations, hydro prohibitions, 89-009, 92-040, and lakes) hydroelectric, rural rimrock setbacks, 100' setback 92-041 residential from OHW, conservation development and easements and restrictions on water regulation boats and docks. Floodplain zone recognized as a program to achieve the goal to protect deer winter range Major conflicts are (Ordinance Nos. 88-030, 88-031, Deer Winter Range dwellings,roads, and 89-009). (Inventory - Ord. dogs. Activities which Ordinance Nos. No. 92-041, page cause deterioration of Others include Wildlife Area 88-0, 88-0, 22; Metolius, Yes forage quality and Combining Zone. Requires 40-acre 89-009, 92-040 , Tumalo, North quantity or cover are minimum lot size for all new 92-041, 92-042, Paulina, and Grizzly conflicting uses. ' residential land divisions. Q')-nar ranges identified by Fences which impede Underlying zoning in most of the ODFW safe passage are also deer winter range is: EFU, Forest, a conflicting use. and Floodplain. These zones provide for large lot sizes and limit uses that are not compatible with farm or forest zones. Wildlife Area Combining Zone was recognized as the only program to achieve the goal to protect the deer migration corridor. Underlying zoning is RR-10. It was amended to require cluster development for all Deer Migration Major conflicts are land divisions in the RR-10 zone in Corridor dwellings, roads, and the Bend/La Pine migration (Inventory — Ord. dogs. Fences which corridor (92-042). A 20-acre parcel Ordinance Nos. No. 92-041, page Yes impede safe passage is the minimum size required for a 92-040, 92-041, 26; Bend -La Pine are also a conflicting cluster development. Siting and 92-042, 92-046 migration corridor fencing standards also apply in the identified by ODFW) use. deer migration corridor. Migration corridor includes some EFU, Forest, and Floodplain zoned land. These resource zones provide for large lot sizes and limit uses that are not compatible with farm or forest zones. 29 of 39 Inventoried Flood Plain Conflicts Comments Relevant Resource Relationship Ordinances Wildlife Area Combining Zone was recognized as the only program to achieve the goal to protect the elk habitat. Major conflict is the It was amended to require a 160- loss of habitat due to acre minimum lot size for areas increased residential identified as significant elk habitat. densities in the Siting standards are required to habitat areas. minimize conflicts of residences Elk Habitat Increased human with habitat protection. Ordinance Nos. (Inventory- Ord, disturbance can cause 88-030, 88-031, No. '92-041— page ' Yes conflict with elk. The Underlying zoning in the elk habitat 89-009, 92-040, 32; identified by use of land which areas is either Floodplain, Forest, or 92-041, 92-042, USFS and ODFW) necessitates the Open Space and Conservation. 92-046 removal of large , These resource zones restrict high amounts of vegetative density residential development cover can also alter and prohibit industrial and the quality of elk commercial uses. habitat. * Some lands are zoned RR10, including lots that are split zoned with flood plain. They are already parcelized, preventing future land divisions. Land use or Tn nrhiava tha anal to rnncarva development . w�.,, __ 1 _, - antelope habitat, uses conflicting Antelope Habitat activities which would with antelope habitat are limited to (Inventory — Ord. result in the loss of the Wildlife Area Combining Zone. Ordinance Nos. No. 92-041— page No habitat, and animal In antelope range, the minimum lot 92-040, 92-041, 38; identified by harassment and size is 320 acres. Except for rural 92-042, 92-046 ODFW) disturbance service centers, the antelope associated with habitat is zoned EFU or F1. human activity. Nest sites are found in Forest, EFU and Open Space and Habitat for Conservation zones. Sensitive Birds Uses that could (Inventory= Ord. conflict with the No. 92-041— page habitat site are 41 and Table 5; surface mining, identified by ODFW, residential use, The Sensitive Bird and Mammal Ordinance Nos. ODF, OSU, Oregon No recreation facilities, Combining Zone achieves the goal 92-040, 92-041, Natural Heritage roads, logging, and air to protect sensitive bird sites. 92-042, 92-046 Data Bases). strips. The area required Any activity which for each nest site would disturb the varies between nesting birds, species. including intensive recreational use or removal of trees or 247-2-M0070.0=TA _..__-------- ---_ .---- . ----- P.a,ge 30 of 39 .- __. Inventoried Flood Plain Conflicts Comments Relevant Resource Relationship Ordinances vegetation could conflict with the habitat site. Habitat areas for sensitive birds of the Fish and Wildlife Element, adopted in No. 92-041 is repealed and replaced by inventories in Exhibit 1. Area required around each nest site needed to protect (UPDATE- the nest from conflict varies Inventory — Ord. No. between species. It's called 94-004 —pages 3 to "sensitive habitat area." Ordinance Nos. 140 Site specific No See above. 94-004, 94-005 ESEE analysis and Note: Northern bald eagle, osprey, and 94-021 decisions follow golden eagle, prairie falcon, and each site. great blue heron rookeries are located on federal land. Classified as "2A"Goal 5 Resources. Great Grey owl site no longer exists. Some bald eagle, golden eagle ,sites are controlled by the Sensitive Bird and Mammal Combining Zone.' Floodplain zone recognized as program to achieve the goal to Waterfowl Habitat Future resort and conserve waterfowl habitat (Inventory — Ord. L,I--- Vacation nvnic (Ordinance n�o, 88-03n Q8-03� wiuinance 1, No. page development, human 89-009). 56;92ludes-041 56; includes all activity associated rivers, streams, with recreation along Others include: fill and removal Ordinance Nos. lakes and perennial wetlands and ponds rivers and lakes, permits, wetland removal 86-0 , 86-0, identified on the timber -cutting around regulations, rimrock setbacks, 100' 86-056, 88-030 , 1990 US Fish and Yes sensitive habitats, fill setback from OHW, conservation 88-0, 89-0, Wildlife Wetland and removal of easements, restrictions on boats 92-040, 92-041, Inventory Maps; material in wetlands and docks, landscape management, 92-042- 92-045, ODFW provided lists and within the bed state and federal scenic water 92 046 and banks of rivers regulations. In addition, the Forest of all bird species; and streams, and and EFU zones require large City Bend removal of riparian minimum lot size which limits the River Study Rivy vegetation are potential density of development in provides additional conflicting uses. the areas adjacent to many of the information) rivers, streams, wetlands, and ponds used for waterfowl habitat. 31 of 39 Inventoried Resource Flood Plain Relationship Conflicts Comments Relevant Ordinances Pheasant and quail are affected whenever; agricultural For all of the upland game birds land is taken out of except sage grouse, the habitat is production through adequately protected by the Upland Game Bird urban sprawl, road existing EFU and Forest zoning and Habitat construction, the provisions to protect wetlands (Inventory- Ord. industrial and riparian areas to achieve the No. 192-041- page development and goal of protecting upland game 60; ODFW did not other land clearing birds. identify critical activities. Ordinance Nos. habitat for any of County provisions to protect 86-018, 86- the upland game Farming practices on riparian areas and wetlands protect 053,86-054, 86- species except for Yes existing agricultural , one of the most significant 056, 88-030, 88- the sage grouse; lands also have an components of upland game 031, 89-009, 92- habitat for upland impact. Fence row, habitat. 040, 92-041, 92- game birds is woodlots, and riparian 042, 92-046 dispersed vegetation are Note: conflicts with sage grouse are throughout the constantly being limited by EFU zoning with a 320 county in riparian, removed at the acre minimum parcel size. forest, agricultural, expense of upland Sensitive Bird and Mammal and rangeland bird use. Combining Zone pertaining to sage areas) grouse and leks have been Chapter 6 of repealed due to LCDC enacted rules County/City of Bend in OAR 660, Division 23. River Study identifies conflicting uses with upland bird habitat. Habitat areas for Upland Game Bird Habitat, adopted in No. 92-041 is repealed and replaced and further amended in Exhibit 4 with the ESEE Analysis and inventory for upland game bird habitat. Conflicts with sage grouse are reduced by the limitations on uses UPDATE - Inventory in the EFU and Floodplain zone, by Ordinance Nos. - Ord. No. 94-004 — Yes See above. the 320 acre minimum lot size and 94-004 and 94- pages 156-201. predominance of BLM lands. 021 Note: conflicts with sage grouse are limited by EFU zoning with a 320 acre minimum parcel size. Sensitive Bird and Mammal Combining Zone pertaining to sage_ ` grouse and leks have been repealed due to LCDC enacted rules in OAR 660, Division 23. 32 of 39 Inventoried Flood Plain Conflicts Comments Relevant Resource Relationship Ordinances Furbearer habitat is adequately protected by the existing EFU and The conflicting uses Forest zoning and the provisions to those activities or protect farm use and forest zoning, Furare a Habitat development which and the provisions to protect y — Ord. (Inventory (Inv would degrade or wetlands and riparian areas to Ordinance Nos. No. 9page destroy habitat, or achieve the goal to protect 65; ODFW FW has not disturb the animals furbearers. 86-018, 86- identified any Yes causing them to 053,86-054, 86- specific habitat sites relocate. The farm and forest zones require 056, 88-088- other than riparian large minimum lot sizes and many 031, 89-009, 92- and wetland areas Conflicts between uses are permitted only as 040 92-041 that are critical for furbearers and other conditional uses. The measures to the listed species. land uses are minimal protect riparian and wetland in the county. habitat are detailed in this plan in the Riparian and Wetland Habitat section. Caves located in EFU Habitat Areas for zones. Uses permitted Townsend's Big- in those zones that Eared Bats could conflict with the (Inventory= Ord. habitat site are Program to achieve the goal is Ordinance No. No. 92-041— page 69; identified by No surface mining, Sensitive Bird and Mammal 92-041 and 042 recreation facilities Combining Zone ODFW, ODF, OSU, including golf courses Oregon Natural and destination Heritage Data `> resorts, roads, Bases) logging, and air strips. UPDATE - Inventory Habitat areas for Townsend Bats, —Ord. No. 94-004- adopted in No. 92-041 is repealed pages 140 to 155 and replaced and further amended Ordinance Nos. Site specific ESEE No See above. in Exhibit 2. The ESEE for 94-004 and 94- analysis and Townsend's big -eared bats is 021 decisions follow amended for additional bat sites in each site. Exhibit 3. 33 of 39 Inventoried Resource Flood Plain Relationship Conflicts Comments Relevant Ordinances Conflicting uses include fill and removal of material, including vegetation which could cause a reduction in the size or quality or function of a wetland, or cause destruction or degradation of the riparian habitat and vegetation. Floodplain zone recognized as program to achieve the goal to Structural conserve wetland and riparian Wetlands and development in habitat (Ordinance Nos. 88-030, 88- Ordinance Nos. Riparian Areas wetlands or riparian 031, 89-009). 86-018 86-054, (Inventory — Ord. areas would reduce 86-0 88-0, No. 92-041— page Yes the habitat and the Others include: fill and removal 31, 89-0, 09 88-040, identified on use of the structure permits, wetland removal 92 041 92-0, could cause conflicts regulations, hydro prohibitions, 92-045 USFWS NWI) such as harassment or 100' setback from OHW, disturbance or wildlife conservation easements, dependent on the restrictions on boats and docks, habitat. Cutting of and landscape management. riparian vegetation can remove important shade for streams, eliminate habitat for various waterfowl, furbearers, and nongame bird species, and can increase the potential for erosion or bank instability in riparian areas. Inventoried Resource Flood Plain Relationship Conflicts Comments Relevant Ordinances Conflicting uses: Locating septic systems in riparian Riparian Areas inventory and ESEE UPDATE —Riparian area could causepollution analysis adopted by Ordinance No. inventory — Ord. of ground 92-041 is deleted and replaced by No. 94-007; and surface water an inventory and ESEE contained in Significant riparian systems. The potential Exhibit A. for this conflict habitat is located in depends on the three areas: characteristics of the New parcels meeting the minimum lot size in the resource zones (EFLI, Area within 100' of soil. Forest, non -exception flood plain) OHW of an Locating structural will not cause an increase in inventoried stream development in residential density that would or river; conflict with riparian habitat riparian areas can values. reduce the habitat Area adjacent to an and the use of inventoried river or structures could cause In RR10, MLIA-10, and Floodplain stream and located conflicts such as zones found adjacent to within a flood plain harassment or inventoried riparian areas, the Ordinance Nos. mapped by FEMA Yes disturbance of wildlife creation of new 10 acre parcels 94-007 and zoned dependent on habitat. would not significantly increase the Floodplain by the overall density of residential use county (Deschutes Recreational use of adjacent to riparian areas because River, Little the riparian area the areas where new parcels could including boat landing ho r nntarl —ith tha avrantinn of Paulina Creek, Fall areas, formal and Tumalo Creek, are already divided River, Indian Ford informal trails, and into lots considerably smaller than Creek, Tumalo 10 acres. Creek, Squaw camping areas can (Whychus) Creek, alter soil composition program to achieve Goal 5 for and Crooked River and cause destruction Riparian Habitat: fill and removal of vegetation. regulations to protect wetlands, Area adjacent to a Increase in density of 100' setback from OHW, Floodplain river or stream and residential lots in or zone (regulates docks too), inventoried as a adjacent to riparian Landscape Management zone, wetland on the NWI areas could result in a Conservation easements, State decrease of habitat Scenic Waterway effectiveness because of disturbance to wildlife. -- --- --247 2-2-000700 TP -- — -- - --- --- --- . - ...... ..................... .......... Page 35-of.39.................... Inventoried Resource Flood Plain Relationship Conflicts Comments Relevant Ordinances Conflicting uses include fill and removal of material, including vegetation, which could cause reduction in the size, quality or function of a wetland. Locating structural development in wetlands could reduce the habitat and the use of the structure could cause Wetlands Inventory and ESEE conflicts such as analysis adopted by Ordinance No. harassment or 92-041 is deleted and replaced by disturbance of wildlife an inventory and ESEE contained in dependent on the Exhibit B, Wetlands. habitat. UPDATE — Wetland Program to achieve Goal 5 for Inventory — Ord. inv ntory Draining wetlands for Wetland Habitat: Ordinance Nos. ,Exhibit Yes agriculture of other 94-007 B — inventory is NWI development • Fill and removal (Ord. No. 92-045) purposes destroys the regulations to protect hydrological function wetlands of the wetland and 100' setback from OHW alters the habitat 0 Flood plain zone (regulates qualities that certain docks too) wildlife depend on. • DSL Removal / Fill law Cutting wetland vegetation adjacent to streams can remove important shade for streams, eliminate habitat for various waterfowl, furbearers, and nongame bird species, and can also increase the potential for erosion or bank instability in riparian areas. Inventoried Resource Flood Plain Relationship Conflicts Comments Relevant Ordinances Ecologically and Scientifically Significant Natural Programs for resource protection Areas * Little include the zoning of the property, Deschutes River / the provisions of the flood plain, Deschutes River wetlands and the river corridor. Confluence` (inventory- Ord. The implementing measures which No. 92-052, Exhibit Resort and vacation protect and regulate development B, Page 1; home development, in the confluence area are: EFU Ordinance Nos. identified by recreational uses, zoning, Floodplain zoning, 86-018, 86-054, Oregon Natural Yes livestock grazing, and conservation easements, and fill 86-056, 88-030, Heritage Program);. fill and removal in and removal permits. 88-031, 89-009, Analysis of Pringle ' wetlands are 92-040, 92-041, Falls and Horse conflicting uses. The confluence area is located in 92-045 Ridge Research the undeveloped open space area Areas, West of the Sunriver development Hampton Butte and (Crosswater). 80% of the property Davis Lakes is retained as open space. excluded b/c they're on federal Today, zoning is Floodplain and land and/or not Forest Use. related to flood plains. Landscape Management Uses conflicting with Rivers and Streams open space and scenic (Inventory — Ord. resources along the No. 92-052, Exhibit designated Landscape C, Page 3; Management rivers identified by state and streams include and federal wild land management Program for resource protection and scenic activities that result in includes: Floodplain zone and Ordinance Nos. corridors; and habitat loss or restrictions, fill and removal 86-053, 86-054, within 660' of OHW development within permits, wetland removal 86-0 86-056 of portions of Yes river or stream regulations, hydro prohibitions, -0 8, 88-031, 30, Deschutes River, corridors which would rimrock setbacks, conservation 89-009, 92 033, Little Deschutes excessively interfere easements, restrictions on boats 93 034 River, Paulina with the scenic or and docks, and landscape Creek, Fall River, natural appearance of management. Spring river, Tumalo the landscape as seen Creek, Squaw from the river or (Whychus) Creek, stream or alteration and Crooked River of existing natural not on the state or landscape by removal federal scenic of vegetative cover. designations) Inventoried Flood Plain Conflicts Comments Relevant Resource Relationship Ordinances Conflicting uses with the open space and scenic values of the land adjacent to the inventoried lakes Lakes and include development Reservoirs which would cause a Conflicting uses around Tumalo (Inventory Ord. loss of open space or Reservoir are specifically limited by No. Exhibit , a decrease in the Title 18.48, Open Space Ordinance No. C, Paggee 10;includes 0; No aesthetic and scenic Conservation Zone and a 100 91-020 Upper Tumalo resources, and land setback for any structure from Reservoir; management OHW. remaining are on activities resulting in federal land the removal of natural vegetation which provides wildlife habitat and scenic value. Program for resource protection State Scenic includes: includ Waterways and See County / City of Floodplain zone and restrictionsfill , Ordinance Nos. Federal Wild and Bend River Study and and removal permits, wetland 86-018, 86-053, Scenic Rivers Yes 1986 River Study Staff removal regulations, hydro 86-054, 86-056, (Inventory — Ord. Report. Both prohibitions, rimrock setbacks, 88-030, 88-031, No. 92-052, Exhibit referenced in Ord. 92- conservation easements, 89-009, 92-033, E, Page 1; 005, Exhibit E. restrictions on boats and docks, 93 034 and landscape management. Wilderness Areas, Areas of Special Concern, Energy Sources (Ord. No 92-052), and Groundwater No N/A N/A N/A Resources (Ord. No. 94-003) not analyzed because they're on federal land or don't relate to flood plains. Attachment 2 - Inventory Site Maps --- -- —2-47 22-000-7-00-TA - - -- — - -- -- — ---- -- --- -- - - - Page. 39 of_39 _._-..... - . k f r a ^a �wz { t • � Ft tti z v ti it • e co O N W U) L O L O Of LL Of d N Z) O U N a) co w 0)_ ( v' N O L O O m E QCE X U ca �QLL � O CL Q o rn C� G Q � fA v) N U E 2- O CL �' N (n C O N F i C � N n- U m J 0 G�JTES Co o ?{ BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony r y h� Subject: � �,�� � ,, � �a Date: Name d q n AddressI Se Pd Phone #s E-mail address In Favor Neutral/Undecided ❑ , Opposed Submitting written documents as part of testimony? Yes 0 No If so, please give acopy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS �J-ces o o BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: w Date: 2�( Name C fn c'tAl h 4 C00 6--e' Address 5)0 t% o,/ t c.t t lyc r re dorm 2 1 1-7 (-J Phone #s E-mail address _ C t v r %s In Favor ❑ Neutral/Undecided ❑ Opposed Submitting written documents as part of testimony? Yes No If so, please give a copy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS In Favor ❑ Neutral/Undecided Opposed r- Submitting written documents as part of testimony? Yes 0 No If so, please give a copy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS BOARD OF IQ • • MEETING DATE: May 8, 2024 SUBJECT: Continued Public Hearing: Draft 2020-2040 Deschutes County Comprehensive Plan RECOMMENDED MOTION: Continue public hearing to gather testimony on the draft Deschutes County 2040 Comprehensive Plan update. BACKGROUND AND POLICY IMPLICATIONS: At 5:30 pm, the Board will continue a public hearing to gather testimony on the draft Deschutes County 2040 Comprehensive Plan. The full record is located on the project hearing page: https://www deschutes org/cd/page/247-23-000644-pa-deschutes-county-2040- comprehensive-plan-update-hearing-page. BUDGET IMPACTS: n/a ATTENDANCE: Nicole Mardell, AICP, Senior Long Range Planner Will Groves, Planning Manager MEMORANDUM TO: Deschutes County Board of County Commissioners FROM: Nicole Mardell, AICP, Senior Planner DATE: May 1, 2024 RE: Continued Public Hearing: Draft 2020-2040 Deschutes County Comprehensive Plan The Board of County Commissioners ("Board") will conduct a continued public hearing on May 8, 2024, at 5:30 pm in the Barnes and Sawyer Rooms, 1300 NW Wall Street, Bend, to consider legislative amendments to repeal and replace the 2030 Comprehensive Plan with the Deschutes County 2040 Comprehensive Plan (file no. 247-23-000644-TA). Additional background material can be found in the staff memorandum for the April 10, 2024, initial Board hearing', April 23, 2024, continued hearing in Sunriver2, and April 30, 2024 continued hearing in Sisters3. I. BACKGROUND The Comprehensive Plan is Deschutes County's policy document for guiding growth, development, and resource protection within the county over a 20-year planning period. The plan's purpose is to provide a policy framework for zoning and land use regulations, demonstrate consistency with all applicable statewide goals, rules, and laws, and serve as a cohesive vision for future planning activities. The project was initiated in April 2022 and progressed through four phases: • Phase 1 - Project Initiation: Hiring of consultant (MIG, Inc), review of background documents, creation of Community Engagement Plan, project website, and branding materials. Phase 2 -Initial round of community engagement -visioning, review of existing policies with Planning Commission, review of policy best practices in drafting new text. • Phase 3 -Second round of community engagement -policy approaches, finalizations of goal and policies with Planning Commission, update of maps. ' https•//www deschutes org/bcc/page/board-county-commissioners-meeting-162 2https•//www deschutes org/bcc/page/public-hearing-2020-2040-comprehensive-plan-update 3 https://www deschutes org/bcc/page/public-hearing-2020-2040-comprehensive-plan-update-0 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q`,(541)388-6575 @cdd@deschutes.org ®www.deschutes.org/cd • Phase 4 - Compilation of final Comprehensive Plan document and findings package. The project has now entered Phase 5, which focuses on the adoption of the updated document. Extensive information from the previous phases, including open house summaries, outreach materials, and iterative versions of policies can be found on the project website process page: www.deschutes.org/2040. The full record including public and agency comments is included on the project hearings page: https://www deschutes org/cd/page/247-23-000644-pa-deschutes-county-2040-comprehensive- plan-update-hearing-pale. LEGAL Vl� REQUI.REMMH COMMUNITY INPUT Comprehensive Plan AMIT`,L' HOUSING RECREATION GETTING AROUND 0 (9 e ECONOMY/ NATURAL COMMUNITY JOBS HAZARDS ENGAGEMENT 0 G $61 0 FARM HISTORIC/ FOREST LAND CULTURAL LAND RESOURCES II. PLANNING COMMISSION REVIEW AND INITIAL BOARD HEARING The Planning Commission conducted three public hearings and ultimately voted approval of the plan subject to the revisions in Attachment A, which have also been incorporated into the revised draft document in Attachment B. The Board conducted their initial hearing on April 10, 2024, and a continued hearing on April 23, 2024. In total, approximately 289 public comments and eight agency comments have been received as of the date of this memo. Major topics of community interest include: • Water availability monitoring, planning, and management. • Voluntary or required measures to conserve water. • Protection of private property rights and use of incentives to address issues related to growth and development. • Rezoning of farmland and allowed uses on farmland. • Dark skies protections. • Wildlife protection. • County role in housing production, including affordable housing opportunities. • Destination resort siting and development. • Trail development - including the SW Bend UGB bridge, Sisters to Black Butte Ranch, and outreach processes for trail and park projects. • Renewable energy. Page 2 of 3 Prioritization of Newberry Country Plan. Enforcement of existing codes, public safety, and homelessness concerns. Specific redline edits to Comprehensive Plan narrative, goals, and policy language. Commissioner Chang has provided redlined suggested revisions into the hearing record. The item is under the 'BOCC Hearing - Public Comments' section of the project website. Staff is working with Commissioners Adair and DeBone to enter their redline edits into the record as well. III. NEXT STEPS The Board will hold the continued public hearing at the following time and location: • Wednesday, May 8, 5:30 pm, Barnes and Sawyer Rooms 1300 NW Wall Street, Bend, OR 97703 Following the hearing the Board could choose to: • Keep the oral and written record open and continue the hearing to a date certain; • Close the oral record and hold the written record open to a date certain; • Close both the oral and written record and set a date certain for deliberations; or Close both the oral and written record and begin deliberations. Attachments: A. Planning Commission Recommended Edits B. Deschutes 2040 Draft Comprehensive Plan - 3.15.2024 updated version C. Deschutes 2040 Draft Findings D. Policy Tracker 2030 vs. 2040 language Page 3 of 3 Attachment A ctr4keei it signifies deletions. Underline signifies additions. Chapter 2 - Land Use Regional Coordination • Amend policy 2.1.1 as follows: Balance the consideration of private property rights and the economic impacts of land use decisions on property owners with incentives to preserve agricultural and forest land wildlife habitat ground and surface water resources wetlands, riparian areas open areas and other community goals identified in the Comprehensive Plan. • Amend policy 2.2.6 as follows: Collaborate with federal agencies on land management issues, including homelessness, wildlife habitat restoration water quality, road networks, energy projects the impacts of recreation and the expansion of sustainable recreation opportunities ovnnncinn and oneg&) nrni®rts Chapter 3 - Farm and Forest Lands ® Amend policy 3.2.4 as follows: o Work cooperatively with irrigation districts, public agencies and representatives and landowners to promote and support agricultural uses and operations, including through use of rural reserves, conservations easements, transfer of development rights programs, land acquisitions, and other preservation strategies consistent with existing Federal and State Law • Amend policy 3.2.6 as follows: o Continue to review and revise county code as needed to be and consistent with state code, rules, and regulations to permit alternative and supplemental farm activities that are compatible with farming, such as agritourism nr commercial ronPWAhlo energy nrn;o,-tom or other small scale sustainable activities. • Amend narrative on page 3-3 Water Supply and Irrigation as follows: o Much of Deschutes County is served by six irrigation districts (Map 3-1) - these are special entities created for the purpose of delivering water to their patrons. These districts are oe4ectiyel„ nnn_nrnfit water user associations corporations chartered under Oregon law that operate as political subdivisions of the State of Oregon. In addition to irrigation, these districts also supply other services including municipal, industrial, and pond maintenance. Th—r,,-t-notal tor-ay-ailahle- for irrigation and- nthor h, iman �coc_in 0 water rights c---;;n hLQ Therefore, thorn is limited opportunity to expand irrigated farming in the CA, inty Existing f rmc with SeniorWator rights in geRpr;I hallo rnlntiyely generni is irrigatinn rights which have rarely been fully utilized, and are expected to bade s efficient viater to cone with increasing temperatures anrd drought co t-iens in the fd-ture. In most cases, these districts are holders of senior water rights with shares then distributed to their patrons. As is the case with all water rights the irrigation districts' water rights are managed by the Oregon Water Resources Department and subject to "beneficial use" requirements to prevent the waste of the water resource. The total water available for irrigation and other human uses in Deschutes County is fixed under the current water regime and there is little opportunity to expand irrigated farming in the County. Irrigation districts with more junior water rights iwnior water right holders, associates! ,^,ith such as Arnold Irrigation District and North Unit Irrigation District (operating north of Deschutes Count have recently seen challenges with water delivery due to limited availability and drought. Amend narrative on page 3-3 Changes in Climate Conditions as follows: o Because the total volume of water available for agricultural and human use is fixed, strategies to decrease water usage (capping or p i in irrigation channels, irrigation timing strategies, water conservation) will become more crucial. Deschutes County is committed to working with irrigation districts and holders of water rights to increase water conservation efforts throughout the County in a manner consistent with existing legal frameworks established by State and Federal law. Remove sentences on page 3-3 Conflicts with Other Uses o Agricultural iral i ices contiA ie to he affected by conflicts with adjacent or ..■ . •■.. •■■■■. ■. ■. ■. MM.• .. -. Chapter 5 - Natural Resources Amend water resources narrative on page 5-3 as follows: o The high desert climate of Central Oregon poses many challenges with water supply and allocation. Water laws are seen as antiquated by many ancd farmers, and protection of habitat areas for dependent species, arise #reqUeRtly. A 2021 report by the Oregon Department of Water Resources found that groundwater levels through Deschutes County are declining, by as much as 50 feet of total decline in the central part of the basin. This decline is considered "excessively declined" per state statute and is attributed toward a shift in overall drier conditions since the late 1990s, a warming trend in the basin, and decreased snowpack. Qngoing development and pining of rannlc (which limits artificial grQ1 -nCj1AQt9r r charge whd Ico o.acerh�te this iss e- To address these issues irrigation districts and crw�acci-r�cfcc mry o o a c other entities are engaged in ongoing efforts to pipe canals and modernize irrigation systems to increase their efficiency. Due to water transmission losses in irrigation canals from seepage into groundwater and evaporation, piped canals typically require only half the amount of water to be diverted from the river or stream to deliver the same volume of water to the end user compared to open canals. Community members have expressed concern that piping canals contribute to aquifer declines. Deschutes County has Ilimitedjurisdictinn of _Atyr. --is-se, instead pIa i 49 ii@Ys a coordination role along with the Oregon Department of Water Resources, irrigation districts, water users, and owners of private wells to address these water resource issues. Addition of narrative to Chapter 5, Natural Resources, Wildlife section providing a brief description of the 2021-2023 Mule Deer Inventory Process. o Page 5-4 revise second paragraph to the following: o 4 s imm-+rii of Degchi,toc Co inty's wulyd"fe nrotortinn nrecirnm foil^ 3 y A snapshot of Deschutes County's wildlife protection program is included below. Extensive information is included in Appendix A - me County's Goal 5 inventory. o Page 5-4, between first and second paragraphs, add new paragraph as follows; o From 2021-2023 Deschutes County explored an update to the county's mule deer inventory, which included extensive community participation including through the public record Ultimately, the decision was made not to update. Amend Sensitive Birds - Page 5-4 as follows: o remove "northern" from "northern bald eagle". o End of paragraph - add sentence: USFW works closely with ODFW on eagle - related issues and enforces federal guidelines to ensure protection of bald and golden eagles. • Statewide Planning Goals -Page 5-5, add additional sentence at end of last paragraph: o Accordingly, it is imperative that local land use policies align with Federal and State laws governing the community's water resources. 0 Regulatory Agencies - Page 5-5 add to end of paragraph o Numerous sections of the Deschutes River in Deschutes County hold a special status as a federal wild and scenic river, as well as a state scenic waterway. These areas carry additional regulations through the 1996 Upper Deschutes Wild and Scenic River and State Scenic Waterway Comprehensive Plan, requiring additional agency coordination with the Oregon Parks and Recreation Department and the US Forest Service on development impacting these sections. • Reservoirs - Page 5-8, revise to the following: o The majority of the irrigation in Deschutes County comes from reservoirs yA*ch re mostly spring fort from tho Cascades. These reservoirs are primarily spring fed from the Cascades. Reservoirs serve the dual purpose of supplying water for irrigation and ensuring sufficient streamflow in the lower Deschutes River. drought in the regien—When water is limited, the supply rate is determined by the age of water rights, I.A.1it-h them. -ore seRiOr water permits having prierity ever M the County, while- the Nlollh Unit Irrigation District is the most junior Regional droughts in recent years have resulted in lower water levels in these reservoirs. • Key Community Considerations -Page 5-9, amend last paragraph as follows: o The topic of habitat conservation and water availability came up frequently, with most respondents participants saying that further protections are needed. However, there was also some p ish hark- related to the hi irrlon thw; protections may put on pro erty owners-. recognition of the burden these protections may put on property owners Deschutes County does not have the authority or expertise to reevaluate water rights as part of its land use planning efforts leading the County to instead work with the Oregon Department of Water Resources irrigation districts and holders of water rights to increase the efficiency of water distribution throughout the community. • Amend Goal 5.1 as follows: o lop —Support regional, comprehensive water management solutions s-that balance the diverse needs of water users and recognize Oregon water law. • Amend policy 5.1.1.a as follows: o Work cooperatively with appropriate federal, state, tribal and local agency resource managers, such as The Confederated Tribes of the Warm Springs Reservation of Oregon, the Oregon Water Resources Department (OWRD), irrigation districts, and other stakeholders and nonprofit water organizations, such as the Deschutes Basin Water Collaborative, the County Soil and Water Conservation District; Remove policy 5.1.3. Consider potential impacts 0-n. I.A.fat-P-W quality and availability' surrounding areas as part of the siting, plaRning, and approval pro t=1 Destinat-.1 -on Reserts, and other large-scale developments. • Amend policy 5.11.5. as follows: o Develop and implement a Climate Action Plan to address the potential future impacts of climate change on Deschutes County through incentives and or regulations. • Add new policy to Chapter 5, Natural Resources, Water section o Encourage state agencies to identify local areas of concern for water availability and explore additional regulations or requirements to ensure water capacity is not negatively impacted by development. • Add new policy and narrative to Chapter 5, Natural Resources, Water section o Revisit recommendations of 1996 Upper Deschutes Wild and Scenic River and State Scenic Waterway Comprehensive Plan or its successor, and consider implementation of voluntary recommendations into the county code. Chapter 6 - Historic and Cultural Resources • Add paragraph to Opportunities, Challenges, Considerations - Page 6-12 o Deschutes County owns the National Register listed Reid School and invests in supporting the Deschutes County Historical Society as a research and educational facility through a zero -cost lease and maintenance support for the purposes of running the museum and research center. Add to end second paragraph - Page 6-12 o Deschutes County has several partners involved in drafting and implementing this strategic plan - those partners include the Deschutes County Historical Society High Desert Museum, Archaeological Society of Central Oregon Three Sisters Historical Society, and Redmond Historical Society. Amend context paragraph - Page 6-12 as follows: o These sites receive special protections to avoid land use or development activity that may disturb the historical or obi iratinn�l and cultural resources existing on site. Amend Locally significant sites - Page 6-12 as follows: o Deschutes County has 35 locally significant sites including cemeteries, ranches, dams, bridges, schools, and granges among numerous historic homesteads and homesites. The State of Oregon has initiated a process to identify culturally significant archaeological sites and sites of indigenous importance. This process will likely be incorporated into the County's local inventory in the next five years. Nationally registered sites - Page 6-13 remove second paragraph. GRe of the primary sites A-f hq�_;t_A_r4c__ a nil r, dt, iral learning in the county is the undeIrst-and6ng of the High Desert's wildlife, culture, art, and natural resources. in doing . it strives to prornote thoughtful• n • • rpaking to SUStaiR the region's -and cultur-al • Amend Policy 6.1.3. as follows: o Coordinate with The Confederated Tribes of the Warm Springs Reservation of Oregon Burns -Paiute Tribe, Klamath Tribes, Archaeological Society of Central Oregon, and SHPO to adopt a program to identify and protect archaeological and cultural resources, as appropriate, and prevent conflicting uses from disrupting the value of known sites. Chapter 7 - Natural Hazards • Revise wildfire summary in on page 7-3 to the following: o Wildfire. Historically, wildland fires have shaped the forests and wildlands valued by residents and visitors. These landscapes, however, are now significantly altered due to increased rural development, warmer and dried conditions, and a general lack of large-scale treatments due to outdated forest management practices, resulting in increased event of wildfires that burn more intensely than in the past. Chapter 8 - Recreation • Amend policy 8.1.2 as follows: o Collaborate with partners to develop a regional system of trails and open spaces, prioritizing balancing recommendations from local park districts, County, state, and federal recreation plans and studies and property owner considerations particularly for projects adjacent to farm and forest lands. Chapter 9 - Economic Development • Page 9-5 Resource Land - replace paragraph with the following: o Resource L Construction and Development While much of the County's economic activity occurs in urban areas, C.Owny in nrntortiRg Rd enhancing � _g the ocnnomic development nntontial ..f tho rpa 0 agricultural forestry, and construction industries also provide economic growth in Deschutes County. Construction of rural housing can support additional workforce in areas outside of city limits while also utilizing local trade industries...Construction of rural industrial or commercial projects provide economic opportunities that serve rural communities without a trip into an adjacent city. Chapter 11 - Unincorporated Communities and Destination Resorts Amend policy 11.7.2. to following: 0 CreauQ and limitatons on the siting and development 0 dt�t;Aatio, e�e�� go beyond current statue regulations a!a*i—*o—Ensure protection of water quality, recreational resources, and other County resources and values. • Add paragraph to page 11-3 under destination resort section o Destination resorts are a key economic development strategy for Deschutes County. Many community members and visitors enjoy the recreational amenities and accommodations that Destination Resorts provide. • Amend third paragraph, key community considerations, page 11-3 to the following: o Destination Resort development continues to be a contentious issue. _.G Community members have expressed concern regarding > ne water use u1 large-scale development - specifically the effects to groundwater for neighboring property owners. Many rnmmi snit„ memhorc ha„® expressed ,a dor,lr@ to fiwthpr limit dpstinatiop resorts, golf courses, and vissitor year- round residents_ Other community members express support for the economic and amenity benefits of destination resorts noting that the current requirements sufficiently address natural resource concerns. Additional community conversations will be valuable to understand the diversity of perspectives on this topic. Chapter 12 - Irrigation Districts Amend narrative under Irrigation Districts section - Pages 12-4-5 • "Irrigation districts in Oregon are organized as Special Districts under ORS Chapter 545. Six irrigation districts operate in Deschutes County: Arnold, Central Oregon, North Unit, Swalley, Tumalo, and Three Sisters Irrigation Districts. They are quasi - municipal public corporations under Oregon Law, with prescribed rules for purpose, boards, elections, staffing, charges, etc. The districts are operate as political subdivisions of the State of Oregon created for the purpose of delivering water to their patrons. As such they are effectively non -pre -fit ,n,ator_I nccnr i�n� In addition to irrigation uses, these districts also supply a number of other services, including municipal, industrial, and pond maintenance, warranting coordination with municipalities." Chapter 14 - Energy Add new policy: • Include evaluation of adverse impacts to natural resources as part of renewable energy siting processes. • Remove text below - Hydroelectric energy generation page 14-4 ewe- harness -the energy-ef moving water. Thorn projects may have Mid"fiQ hah'tat and migration, as well as construction, visual, and noise imp�rtc o Revise remaining text in section to following: Currently, Deschutes County has three approved "in conduit" hydroelectric facilities that are owned and operated by irrigation districts within existing irrigation district canals. Approval of these facilities have previously been contentious, with community members expressing concern about wildlife and impacts to other basin users. Irrigation districts have expressed ipterect in reducing barriers to permitting these types of developments to Npromote rene-o-able energy development using —manmade �^i-aterwys noted challenges in utilizing the existing counter code for these projects, which were drafted to address "in channel" hydroelectric facilities. 1 o promote renewabie energy development using man-made waterways irrigation districts have expressed interest in helping the County update the Deschutes County Code to more appropriately address "in conduit" hydroelectric facilities separate and apart from "in -channel" hydroelectric facilities". STAFF FINDINGS FILE NUMBER(SY 247-23-000644-PA APPLICANT: Deschutes County Planning Division REQUEST: Repeal and Replace 2030 Comprehensive Plan with Deschutes 2040 Comprehensive Plan. STAFF CONTACT: Nicole Mardell, AICP, Senior Planner Phone: 541-317-3157 Email:.nicole.mardell@deschutes.org RECORD: Record items can be viewed and downloaded from: www.deschutes.org/2040 by clicking on the "Hearing Page" link I. APPLICABLE CRITERIA Deschutes County Code (DCC) Title 22, Deschutes County Development Procedures Ordinance Chapter 22.012, Legislative Procedures Oregon Administrative Rule (OAR) OAR 660-015, Statewide Planning Goals and Guidelines II. BASIC FINDINGS PROPOSAL This is a legislative plan and text amendment to replace the 2030 Deschutes County Comprehensive Plan with the Deschutes 2040 Comprehensive Plan. The proposal does not seek to replace the Tumalo Community Plan, Terrebonne Community Plan, Newberry Country Plan, nor the Transportation System Plan. This proposal does not include any amendments to the County's Goal 5 Inventory. The proposal does not include any Comprehensive Plan or Zoning Map amendments. BACKGROUND The Board of County Commissioners initiated the process to update the County's Comprehensive Plan in November 2021. Staff worked extensively with the project consultant MIG, on creating the project scope and budget for this process. Over the last 18 months, staff has conducted widespread community engagement and analysis of existing conditions and projected trends. This in turn, has 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q1 (541) 388-6575 @d@deschutes.org wweschutes.org/cd informed updates to chapter narrative, goal, and policy language to provide an up-to-date approach to managing growth and development in rural Deschutes County. REVIEW CRITERIA Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative plan and text amendment. Nonetheless, since Deschutes County is initiating one, the County bears the responsibility for justifying that the amendments are consistent with Statewide Planning Goals and the County's Comprehensive Plan. III. FINDINGS & CONCLUSIONS CHAPTER 22.12, LEGISLATIVE PROCEDURES Section 22.12.010. Hearing Required FINDING: This criterion will be met because a public hearing will be held before the Deschutes County Planning Commission on October 26, 2023, and before the Board of County Commissioners on April 10, 2024. Section 22.12.020, Notice Notice A. Published Notice 1. Notice of a legisiar`ive change shall be pubh3hed U1 a newspaper of general circulation in the county at least 10 days prior to each public hearing. 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. FINDING: This criterion is met as notice was published in the Bend Bulletin newspaper on October 13t", 2023, for the Planning Commission public hearing and on March 271", 2024 for the Board of County Commissioners public hearing. B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. FINDING: Posted notice was determined by the Planning Director not to be necessary. C. Individual notice. Individual notice to property owners, as defined in DCC 22.08.010(A), shall be provided at the discretion of the Planning Director, except as required by ORS 215.503. FINDING: Given the proposed legislative amendments do not apply to any specific property, no individual notices were sent. 247-23-000644-PA (Deschutes County 2040) Page 2 of 14 D. Media notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. FINDING: Notice was provided to the County public information official for wider media distribution. Staff provided additional notice beyond the legal requirements. This was done through the project's constant contact mailing list, including over 550 contacts, through press releases, and coordination with community organizations. This criterion is met. Section 22 12.030 Initiation of Legislative Changes. A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of County Commissioners. FINDING: The application was initiated by the Deschutes County Planning Division at the direction of the Board of County Commissioners and has received a fee waiver. This criterion is met. Section 22.12.040. Hearings Body A. The following shall serve as hearings or review body for legislative changes in this order. 1. The Planning Commission. 2. The Board of County Commissioners. B. Any legislative change initiated by the Board of County Commissioners shall be reviewed by the manning wn"1►ilibsiUll prior LU ULL►U%I UU1115 LUKC/I My 1./IG OVaI U VJ Commissioners. FINDING: The Deschutes County Planning Commission will hold the initial public hearing on October 26, 2023. The Board will hold a public hearing on April 10, 2024. These criteria are or will be met. Section 22.12.050 Final Decision All legislative changes shall be adopted by ordinance. FINDING: The proposed legislative changes will be implemented by ordinance 20xx-xxx, upon approval and adoption by the Board of County Commissioners. This criterion will be met. OAR 660-015, Statewide Planning Goals and Guidelines Goal 1: Citizen Involvement: FINDING: The development of the Deschutes County 2040 Comprehensive Plan document was a multi -year process with significant public outreach and community member involvement. The following is a short summary of engagement leading up to the initial public hearing: o Established a project email list with over 500 contacts. o Provided 7 project update emails. 247-23-000644-PA (Deschutes County 2040) Page 3 of 14 o Established a new, user-friendly website. o Received over 29,000 social media impressions. o Coordinated with media on 13 news stories. o Held 66 small group meetings with over 400 participants. o Held 8 open houses with 296 attendees. o Held an online open house with 361 survey responses. o Hosted a virtual and interactive forum with over 100 responses. o Held 11 planning commission meetings. o Provided incentives through a raffle, prizes, and food and beverages. Community member input was essential to the development of the resulting Deschutes County 2040 document and staff utilized several novel and innovative techniques to reach rural residents. Chapter 1 of the plan, Community Engagement, outlines numerous policies that reduce barriers to and support community involvement throughout planning processes. Key Policy Changes Comprehensive Plan - 2030: Chapter 1, Section 1.2 Deschutes County 2040 Plan: Chapter 1 - Community Engagement Amendments: Citizen involvement (now Community Engagement) was completely rewritten. The section listed above and this Plan as a whole, complies with Goal 1, Citizen Involvement, as described: • The adoption process for these amendments included public hearings before the Planning r �,rv,i��inr, /( nmmittaa fnr riri7an Im/nlvamantl and hafnra tha Rnarrl of County Commissioners. • The updated goal and policies were created through an extensive two-year public/Planning Commission process that generated considerable public input which was incorporated throughout this Plan. • The new policies recognize the Planning Commission as the required Committee for Community Involvement. • This section complies with the following six components of Statewide Goal 1: • Policies 1.1.1-1.1.8 promote opportunities to involve community members at all stages of planning processes by providing adequate opportunities for input, promoting two-way communication, and continuously improving on outreach activities. • Policies 1.2.1-1.2.6 support the activities and funding of the Committee for Community Involvement. • Policies 1.1.2 and 1.1.4 ensure technical information is available in an understandable form Consistency with Goal 1 is thereby met. Goal 2: Land Use Planniog FINDING: The purpose of the chapter is to ensure the Comprehensive Plan was built with a factual base and will be followed when making future land use decisions. In updating this plan document, information was gained from numerous studies, technical documents, and subject matter experts. ORS 197.610 prescribes the process for local governments to initiate post -acknowledgement plan 247-23-000644-PA (Deschutes County 2040) Page 4 of 14 amendments. 45-day notice was provided to the Oregon Department of Land Conservation (DLCD) and Development on August 30, 2023 - no comments have been received from DLCD. The draft Plan contains detailed, factual background information in each chapter narrative to provide context for the goals and policies. The Deschutes County 2040 plan update does propose any changes to Comprehensive Plan designations or zoning designations, nor the County's Goal 5 inventories or community plans as part of this update. Key Policy Changes Comprehensive Plan - 2030: Chapter 1, Section 1.3 and Chapter 5, Section 5.10 Deschutes County 2040 Plan: Chapter 2 Land Use and Regional Coordination Amendments: Land use (previously Section 1.3) was completely rewritten. The sections listed above, and this Plan update as a whole, comply with Statewide Planning Goal 2 as described: • Policies 2.1.1 and 2.1.5 recognize that when making land use regulations, private property rights, economic impacts, sustainability and carrying capacity all need to be considered. • Policy 2.1.2 and 2.1.4 recognize the importance of implementing the plans recommendations through the annual department work plan process and updating the document to incorporate new information. • Policy 2.1.3 clarifies the official Comprehensive Plan map is retained as an electronic layer with the Deschutes County GIS system. • Goal 2.2 and its associated policies support regional coordination iatioi i� and partnership of 1 regional issues and are further discussed under Goal 14 - Urbanization. • Policies 2.3.1-2.3.2 speaks to coordinate and management of County owned land use for park purposes. • Policies 2.4.1-2.4.2 recognize the importance of reducing onerous barriers to land use and planning applications. • There are no amendments to Comprehensive Plan map designations incorporated into this Plan update, although definitions of existing designations are provided. Consistency with Goal 2 is thereby met. Goal 3: Agricultural Lands: FINDING: Goal 3 seeks to preserve and maintain agricultural lands. Deschutes County inventoried agricultural lands as required by Goal 3 in 1979 and refined the agricultural land designations as a result of a farm study in 1992. This plan update does not propose to rezone or redesignate any agricultural lands. Staff finds that the goals and policies within the document are supportive of retaining productive and valuable lands for agricultural uses within Deschutes County and reducing barriers to a healthy agricultural economy. Key Policy Changes Comprehensive Plan - 2030: Chapter 2, Section 2.2 Deschutes County 2040 Plan: Chapter 3 - Farm and Forest Resources 247-23-000644-PA (Deschutes County 2040) Page 5 of 14 Amendments: Chapter 2, Section 2.2 Agricultural Lands and Section 2.3 Forest Lands were combined and rewritten, although existing designations and regulations were retained. The section listed above, and this Plan update as a whole, complies with Statewide Planning Goal 3 as described: • Policies 3.1.1-3.1.2 retain the existing Exclusive Farm Use Zoning and subzones. No map changes are proposed as part of this Plan update. • Policy 3.1.4 ensures the County's farm policies and codes remain compliant with State regulations. • Policies 3.2.1-3.2.9 support the business of agriculture and review of county regulations to reduce common issues that impact farming operations and activities. • Policies 3.1.3, 3.3.1, 3.3.2, and 3.3.6 support the accurate designation of agricultural lands in compliance with State rules, while responding to local concerns that there are Deschutes County farmlands that are incorrectly designated. • Policy 3.3.4 addresses the newly allowed state allowance for rural accessory dwelling units. • Policy 3.3.5 encourages coordination between farmers and fish/wildlife managers. Consistency with Goal 3 is thereby met. Goal 4: Forest Lands: FINDING: Goal 4 seeks to conserve forest lands. Deschutes County inventoried forest lands as required by Goal 4 in 1979 and refined the forest land designations to conform to OAR 660-006. Deschutes County is not proposing to rezone or redesignate any forest lands as part of this update process. Staff consolidated the goals that were previously in Section 2.3 Forest Lands into Chapter 3 - Farm and Forest Resources. Key Policy Changes Comprehensive Plan - 2030: Chapter 2, Section 2.3 Deschutes County2040 Plan: Chapter 3 - Farm and Forest Lands Amendments: Forest Lands (previously Section 2.3) was rewritten and combined into the same chapter as agricultural lands, although existing designations and regulations were retained. The section listed above, and this Plan update as a whole, comply with Statewide Planning Goal 4 as described: • Goal 3.4 and Policies 3.4.1-3.4.4 provide the characteristics and criteria for the County's Forest Zones. These policies remain unchanged from the previous 2010 plan. • Policy 3.4.5 ensures forest codes are compliant with State regulations. • Policies 3.4.6-3.4.7, 3.4.9, and 3.4.10 recognize the need for coordination with federal agencies and tribal government in forest management. • Policy 3.4.8 supports economic opportunities within forest zoned lands while meeting other community goals. • Policy 3.4.11 recognizes the need to review and revisit county code to reduce impacts from development on forest health and dependent species. Consistency with Goal 4 is thereby met. 247-23-000644-PA (Deschutes County 2040) Page 6 of 14 Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources_ FINDING: Statewide Planning Goal 5 addresses natural resources, historic and cultural resources, and mineral and aggregate resources. In this update, these topics were divided into three chapters to ensure adequate depth and policy response to each particular topic. Key Policy Changes Comprehensive Plan - 2030: Chapter 2, Sections 2.4-2.7 and 2.10-2.11 and Chapter 5, Sections 5.3- 5.9, 5.11 Deschutes County 2040 Plan: Chapter 4 - Mineral and Aggregate Resources, Chapter 5 - Natural Resources, Chapter 6 - Historic Resources Amendments: The narratives for each topic were rewritten. The Goal 5 inventories for these resources (as well as ESEEs and programs) were retained and remained unchanged in Appendix A. The sections listed above, and this Plan update as a whole, comply with Statewide Planning Goal 5 as described: Chapter 5 - Natural Resources • Water Goals and Policies • Policies 5.1.1 directs the county to participate in statewide regional and water planning efforts including implementation of the Upper Deschutes Basin Study, Habitat Conservation Plan, and Biological Opinion. • Policy 5.1.2 supports grants for improvements, upgrades, or expansions to water systems. i _i_ _r _cam.. :i_i_:i:.... �r • Policies 5. i .4 promotes increased consideration of water quan�y, water avanauin�y, a1 iu treaty rights of Confederated Tribes of Warm Springs in the land use review process. • Policies 5.2.1-5.2.3 support water conservation efforts through a mixture of incentives, educational opportunities and partnerships with local and regional organizations and agencies. • Policies 5.3.1-5.3.4 seek to maintain a healthy ecosystem in the Deschutes River Basin including partnerships with agencies, implementation of study recommendation, and education. • Policies 5.4.1-5.4.11 seek to maintain and enhance fish and riparian dependent wildlife habitat. These polices address coordination with agencies and organizations during land use review process, implementation of Habitat Conservation Plans and other scientific studies, and additional regulations and educational programs to limit impacts to riparian areas. • Policies 5.5.1-5.5.7 aspire to coordinate land use and water policies to address water allocation and management. These policies address coordination, support to revisit Oregon Water Resources Departments Groundwater Allocation and Mitigation Rules, improvement of stormwater and wastewater facilities, and consideration of hydrology during land use review process. • Open Spaces and Scenic Views • Policies 5.6.1-5.6.4 recognize the importance of working with stakeholders to establish and maintain connected open spaces and scenic view areas. • Policies 5.6.5-5.6.6 support protection for visually significant areas. 247-23-000644-PA (Deschutes County 2040) Page 7 of 14 • Wildlife Habitat • Policy 5.7.1 promotes stewardship of wildlife habitat. • Policy 5.7.2 is directed at updating wildlife habitat inventories and protections through future public processes, informed by public process, expert sources, and current or recently updated plans. • Policy 5.7.3 and 5.7.4 seek to incentive or require greater compatibility between development and habitat areas, including clustering of development. • Policy 5.7.5 directs the County to coordinate with Confederate Tribes of Warm Springs on co - management on wildlife resources. • Policies 5.8.-5.8.3 seek to balance the economic and recreation benefits of wildlife with the protection of these resources. • Policies 5.9.1-5.9.3 address federal and state protected species. Chapter 4 - Mineral and Aggregate Resources • Policies 4.1.1-4.1.3 seek to implement the Goal 5 program for mineral and aggregate sites. • Policy 4.1.4 supports reclamation of sites following exhaustion of mineral or aggregate resources. Chapter 6 - Historic and Cultural Resources • Policies 6.1.1- 6.1.3 define roles of the County in promoting a historic landmarks program, including coordination with the State Historic Preservation office and the Confederated Tribes of Warm Springs. Consistency with Goal 5 is thereby met. Goal 6: Air Water and Land Resources Quality: FINDING: Goal 6 instructs local governments to consider protection of air, water, and land resources from pollution and pollutants when developing Comprehensive Plans. This chapter supports maintaining and improving air, water and land quality, which goes beyond the requirements of Goal 6 to comply with State and Federal regulations. Staff notes that there are no comprehensive map or zoning changes associated with this amendment, nor are any amendments to the County's Goal 5 inventory proposed. Key Policy Changes Comprehensive Plan - 2030: Chapter 2, Section 2.5 and 2.9 Deschutes County 2040 Plan: Chapter 5 - Natural Resources Amendments: This section was entirely rewritten, the policies pertaining to Air, Water, and Land Resources Quality have been integrated into an "Environmental Quality" section of the larger natural resources chapter. The sections listed above, and this Plan update as a whole, comply with Statewide Planning Goal 6 as described: 247-23-000644-PA (Deschutes County 2040) Page 8 of 14 • Policies 5.10.1 and 5.11.2 promote use of environmentally friendly building practices in County operations and on public property. • Policy 5.10.2 supports implementation of a dark skies program to impacts of light pollution. • Policies 5.10.3-5.10.4, and Policy 5.11.2 promote public education regarding controlled burning, noxious weeds, and reuse and recycling. • Policies 5.11.3-5.11.4 support the process for siting new waste management facilities and implementing best practices in solid waste management. • Policy 5.11.5 seeks to develop and implement a Climate Action Plan to mitigate impacts of climate change in Deschutes County. • Policy 5.11.6 promotes green infrastructure to improve stormwater. Consistency with Goal 6 is thereby met. Goal 7• Areas Subject to Natural Disasters and Hazards: FINDING: Goal 7 requires comprehensive plans to address Oregon's natural hazards. Deschutes County has been proactive in addressing natural hazards, through periodic updates to the County's Natural Hazards Mitigation Plan (NHMP). That Plan provides extensive information on natural hazards in Deschutes County and detailed recommendations to protect people and property. Key Policy Changes Comprehensive Plan - 2030: Chapter 3, Section 3.5 Deschutes County 2040 Plan: Chapter 7 - Natural Hazards Amendments: Natural hazards (now Chapter 7) was completely rewritten. The section listed above, and this Plan update as a whole, comply with Statewide Planning Goal 7 as described: • Policies 7.1.1-7.1.3, and 7.2.4 promote coordination agency partners to regularly update the NHMP, update hazard risk maps, review land use applications, and clarify responsibilities pertaining to natural hazard events. • Policy 7.1.4 seeks to utilize development code provisions to manage development in hazard prone areas. • Policies 7.1.5 - 7.1.10 aspires to address wildfire risk and mitigate impacts to wildlife and people. • Policy 7.1.11 provides recommendations to review and revise County code to address common hazard risk issues. • Policies 7.2.1-7.2.2 mitigate risk to essential infrastructure following natural hazard events. • Policy 7.2.3 supports the siting of a regional emergency services training facility. • Policy 7.2.5-7.2.7 provides required and incentivized standards to mitigate risk for new development in hazard prone areas. • Policy 7.2.8 provides compliance with the FEMA flood insurance program. • Policies 7.3.1-7.3.5 promote development of programs to inform the public of increased risk of natural hazards. Consistency with Goal 7 is hereby met. 247-23-000644-PA (Deschutes County 2040) Page 9 of 14 Goal 8: Recreational Needs: FINDING: Goal 8 requires local governments to plan for the recreation needs of their residents and visitors. Unlike cities, the County is not required to adopt a parks master plan, but instead coordinate recreational activities among government and private agencies in the rural portions of the County. Key Policy Changes Comprehensive Plan - 2030: Chapter 3, Section 3.8 Deschutes County 2040 Plan: Chapter 8 - Recreation Amendments: This section was completely rewritten. The sections listed above, and this Plan update as a whole, comply with Statewide Planning Goal 8 as described below. • Goal 8.1 and policies 8.1.1-8.1.6 address the need for cooperation in recreation planning. • Policy 8.1.7 discusses working with Unincorporated Communities that express interest in parks. • Policy 8.1.8 refers to integrating trail designs from other agencies within the Transportation System Plan where appropriate. • Policy 8.1.9 explores an increased role of the County in parks and recreation to serve rural areas not already within a parks and recreation district. • Policy 8.1.10 supports the community effort to acquire and manage Skyline Forest as a community asset. • Policy 8.1.11 speaks to balancing new recreational opportunities with the integrity of the natural environment. Consistency with Goal 8 has been met. Goal 9: Economic Development: FINDING: Goal 9 seeks to provide adequate opportunities for economic development throughout the state. Goal 9 primarily applies to urban development within acknowledged growth boundaries. The County is not required to provide an economic feasibility study or designate land to fulfill employment needs. Rather, these policies are intended to provide guidance for regional economic development activities and rural economic activities allowed under state law. Key Policy Changes Comprehensive Plan - 2030: Chapter 3, Section 3.4 Deschutes County 2040 Plan: Chapter 9 - Economic Development Amendments: The economy chapter was completely rewritten. The section listed above, and this Plan update as a whole, comply with Statewide Planning Goal 9 as described: • Policy 9.1.1 speaks to promote rural economic initiatives, while balancing impacts to rural livability and natural resources. 247-23-000644-PA (Deschutes County 2040) Page 10 of 14 • Policy 9.1.2 supports Economic Development for Central Oregon as the regional coordinator for economic development. • Policy 9.1.3 supports growth and expansion of higher education in Central Oregon to support the regional workforce. • Policy 9.1.4 supports renewable energy generation as an economic tool, with consideration for community concerns or goals such as livability and impact on natural resources. • Policy 9.1.5 promotes master planning for airport facilities to reduce noise and safety concerns as the region grows. • Policy 9.1.6 speaks to allowing local oriented rural commercial uses as state law allows. • Policy 9.1.7-9.1.10 addresses planning for economic development lands, including large lot industrial lands, supporting childcare, and expansion of internet infrastructures. • Policies 9.2.1-9.3.15 are retained from the 2011 /1979 Plan. These policies govern existing Rural Commercial and Rural Industrial designated properties. These properties were previously evaluated under OAR 660-023 and determined to have pre-existing commercial or industrial uses that do not fit into any of the unincorporated community categories. Consistency with Goal 9 is met. Goal 10: Housing: FINDING: Goal 10 directs cities to provide an adequate supply of housing for their residents. Unlike cities, Counties are not required to comply with the requirements of Goal 10 to provide a 20-year supply of housing for its community members, nor undertake any analysis pertaining to housing demand and supply. The County does not have any statutory obligations in providing findings to members identified important -.nt emerging icci inc that nArtnin Goal 10. instead, staff and community 11ielIIIJCI IUCIIlI11CU II Ipvl jai ci �c1b11� u� N� emu., to rural housing and drafted aspirational policies to address these issues. Key Policy Changes Comprehensive Plan - 2030: Chapter 3, Section 3.3 Deschutes County 2040 Plan: Chapter 10 - Housing Amendments: Housing (now Chapter 10) was completely rewritten. The policies below and this section as a whole complies with statewide land use Goal 10 as described: • Goal 10.1 was refined from the previous Comprehensive Plan and speaks to balancing housing choice for rural residents with health, safety, environmental, and resource land impacts. • Policy 10.1.1 speaks to establishing a tracking system for cumulative impacts associated with rural housing development. • Policy 10.1.2 addresses health and safety issues associated with housing. • Policy 10.1.3 encourages subdivisions alternative development patterns for subdivisions (such as clustering) to mitigate community and environmental impacts. • Policies 10.1.4-10.2.2 speak to providing affordable housing options and alternatives in Deschutes County and exploring programs to support housing where allowed by state law in rural areas. • Policies 10.3.1-10.3.7 provide guidance for development in the Westside Transect Zone. • Policies 10.4.1-10.4.6 support coordination with cities on affordable housing. 247-23-000644-PA (Deschutes County 2040) Page 11 of 14 Consistency with Goal 10 is thereby met. Goal 11: Public Facilities and Services: FINDING: Goal 11 directs local governments to plan and develop a timely, orderly, and efficient arrangement of public facilities and services to serve as a framework for rural development. The County does not provide any water or sewer services. The primary services provided by Deschutes County, aside from Transportation which is addressed in the County's Transportation System Plan) pertains to waste management. The County may also serve as a conduit for other resources and may support other local governments in siting of regional facilities. Key Policy Changes Comprehensive Plan - 2030: Chapter 3, Section 3.6 Deschutes County 2040 Plan: Chapter 12 - Public Facilities Amendments: Public facilities and services (now Chapter 12) was completely rewritten. The section listed above, and this Plan update as a whole, comply with Statewide Planning Goal 11 as described: • Goal 12.1 and policies 12.1.1-12.1.13 supports orderly, efficient and cost-effective siting of rural public facilities and services including natural hazard preparedness, intergovernmental coordination, and reduction of impact to natural and community resources. • Goal 12.2 and policies 12.2.1-122.4 promote sustainable, innovative, and cost-effective waste management practices. • Goal 12.3 and Policy 12.3.1 encourages the County to be a conduit for resources. Consistency with Goal 11 is met. Goal 12: Transportation: FINDING: The Deschutes County 2040 plan does not directly address transportation, but rather refers directly to an appendix for the County's Transportation System Plan. The adoption of the 2020-2040 Transportation System Plan is still under review and is required to comply with this goal and applicable statute and implementing rule. Goal 13: Energy Conservation: FINDING: Goal 13 aspires to conserve energy, by maximizing land and uses to maximize conservation of all forms of energy. This section primarily provides guidance for conservation and alternative energy production in the rural county, as allowed by state law. Key Policy Changes Comprehensive Plan - 2030: Chapter 2, Section 2.8 Deschutes County 2040 Plan: Chapter 13 - Energy Amendments: Energy (now Chapter 13) was completely rewritten as a standalone chapter. 247-23-000644-PA (Deschutes County 2040) Page 12 of 14 The sections listed above, and this Plan update as a whole, comply with Statewide Planning Goal 13 as described: • Goal 14.1 promotes energy conservation and alternative energy production. • Policies 14.1.1-14.1.3 aspire to reduce energy usage in County operations and support working with energy suppliers to promote energy efficiency in all economic sectors. • Policies 14.1.4-14.1.10 seek to promote development of renewable energy projects at a commercial and personal scale, including development of vehicle charging stations, while balancing environmental and community resources. Consistency with Goal 13 is thereby met. Goal 14: Urbanization: FINDING: Two chapters within the 2040 Plan touch on the topic of urbanization - Land Use and Regional Coordination, and Unincorporated Communities and Destination Resorts. Staff notes the key policies pertaining to urbanization below. Staff notes that the unincorporated community policies pertain to those designated under OAR 660-022. Rural industrial and rural commercial policies are noted in review of Goal 9 above. More specific policies for the unincorporated communities of Tumalo and Terrebonne are included in the small area plans included as appendices to this document. The community plans are not updated or amended through the Deschutes County 2040 update process. Key Policy Changes Comprehensive Plan - 2030: Chapter 4, Sections 4.2-4.4 and 4.57-4.8 Deschutes lOU(Ly Ln nVn. Chapter 2- Land Use and Dcirtinn nl (-nnrrlin�tinn rhaYltPY 11 - Unincorporated Communities and Destination Resorts Amendments: Urbanization (now retitled and reorganized into the two chapters above) was completely rewritten. Urban Unincorporated Communities, Resort Communities and Rural Service Centers (previously Sections 4.4, 4.7, 4.8) have been moved to Chapter 11. The sections listed above, and this Plan update as a whole, comply with Statewide Planning Goal 14 as described below. Chapter 2 - Land Use and Regional Coordination • Goal 2.2 seeks to coordinate regional planning efforts between the local, regional, and state governments. • Policies 2.2.1-2.2.4, 2.2.10 and 2.2.11 encourage periodic review of intergovernmental and urban management agreements, coordination on land use actions, and support the use of land for public purposes as needed. • Policy 2.2.5 encourages cities to conduct urban reserve planning in partnership with the County. • Policies 2.2.6 and 2.2.7 encourage collaboration with federal agencies and tribal governments on key land management issues. • Policy 2.2.8 seeks to support regional infrastructure projects with community benefit, while mitigating negative impacts. • Policy 2.2.9 supports updates to unincorporated community area plans. 247-23-000644-PA (Deschutes County 2040) Page 13 of 14 Chapter 11- Unincorporated Communities and Destination Resorts • Policies 11.1.1-11.1.5 are general resort community policies and remain unchanged through this update. • Policies 11.2.1-11.3.6 govern the Black Butte Ranch resort community and remain unchanged. • Policies 11.4.1-11.5.7 pertain to Inn of 71" Mountain and Widgi Creek. These polices are unchanged. • Destination Resort Goal 11.6, 11.7 and Policies 11.6.1-11.7.1, 11.7.4-11.7.5 remain unchanged. The goals and policies were moved from the rural recreation element of the 2011 Comprehensive Plan to Chapter 11 - Unincorporated Communities and Destination Resorts and reorganized for consistency. • Policy 11.7.2 was created with Planning Commission and community feedback and seeks to add additional requirements to consider water quality, recreational resources, and community values during Destination Resort siting. • Policy 11.7.3 seeks to integrate affordable housing for workers within or near destination resorts. • Policies 11.8.1-11.20.4 provide guidance for the unincorporated community of Sunriver and are unchanged through this proposal. Consistency with Goal 14 is thereby met. Goals 15 through 19 FINDING: These goals are not applicable to the proposed plan and text amendments because the County does not contain these types of lands. IV. CONCLUSION The proposed Deschutes County 2040 Comprehensive Plan complies with all relevant Deschutes County and OAR requirements. 247-23-000644-PA (Deschutes County 2040) Page 14 of 14 Attachment D Policy Tracker To view the policy tracker, which serves as an extensive reference document comparing iterations of language throughout the update process, click on the link below. It can also be found on the project hearing page under "BOCC Hearing — Applicant Submittals". Note: due to the amount of information, this policy tracker is best viewed on an electronic device rather than as a printed copy. https•//webLinl<.deschutes.org/CDD/DoeView.aspx?dbid=0&repo=LFCDD&id=1244335 From William Kuhn, 65575 Sisemore Road. Deschutes County / on land zoned. Forest, with Wildlife Area overlay and Landscape overlay Monday 30 August 2021 Dear Ed Keith, Deschutes County Forester, I was abruptly awoken this morning about 5:30am by my next -door neighbor's dog barking. While the barking was very distressing, what I thought I saw jolted me into a severe panic. I thought I saw light from a rapidly moving fire. As my eyes adjusted and my mind gained some clarity, I finally realized the light was coming from the antics of the same neighbor, Joel Blatt. Fortunately, there was no danger of fire, but I still was unable to find peace of mind due to elevated cortisol levels and the reality of this on -going harassment from Mr. Blatt. For the past several months, Mr. Blatt, has been doing his best to annoy me by periodically operating two sets of lights which shine rotating colors upwards into the trees. This is similar to what you might see at a concert or some other entertainment venue, not on forest use land. Waking from a deep sleep, the unexpected dancing lights are easily mistaken as firelight. Having high blood pressure already, I certainly don't need a cortisol rush, or panic to cause me to make an unnecessary 911 call to deal with a phantom fire. My now deceased wife and I have had a good reputation of reporting legitimate fires. I don't want not do I want others to mistake nuisance lights for a fire in a Forest Zone. I've been doing my best to ignore Mr Blatt's nightly childish pranks by covering the sliding glass door with a sheet when I go to sleep. However, on hot summer nights, I need greater air circulation, and cannot completely block out my neighbor. The ODF folks in Sisters said there is nothing in their regulations that gives them any authority. They suggested I contact you, because you represent the County, and they think you might have greater influence in this situation. If I lived in town, I might just have to put up with this nuisance. In a Forest Zone, it seems you would have an [(T T rl interest in encouraging the County to broaden their lighting ordinance to say sometnung like: rn a rorest ,one upward directed lighting is not acceptable/allowed." I thought Deschutes County was working on a Dark Sky policy similar to Crook County —if not, we should be. BT`V, speaking directly to Mr Blatt is out of the questions as he has sent three emails saying I am not to communicate with him. I've already suggested mediation several times, once directly to him, also through his realtor, once via the Sheriff, and also via his attorney. Unfortunately, Mr Blatt seems to have fired his attorney. There are a couple of stills attached which are in black and white. I also have a poor quality video which shows the changing color. Unfortunately the video has the wrong date on it because I forgot to preset the date on the camera. I'm copying this message to the County Manager, CDD Director, the County Planning Commission, County Commissioner Patti Adair, because she lives in my neck of the County. There are a couple of stills attached which are in black and white. I also have a poor quality video which shows the changing color. Unfortunately the video has the wrong date on it because I forgot to preset the date on the camera. I'm copying this message to the County Manager, CDD Director, the County Planning Commission, County Commissioner Patti Adair, because she lives in my neck of the County. Thank You, William Kuhn 7\TS66s\pf6p65575\BIaffToel\20210830 II to -Ed -Keith DesCoF'orester relighls.docz pages ----- ---202i=08 30 -- --- From William Kuhn, 65575 Sisemore Road Deschutes County / on land. zoned Forest, with Wildlife Area overlay and Landscape overlay Monday 30 August 2021 W:\Docs\prop65575\Blatt Joei\20210830.1 to Ed Keith DesCo Forester re lights.docx page 2 2021-08 -30 Goo GOO&C Z, A � V, W tr) lll� IR Z 0) rya n QJI C) - cc, T7 iY yy LO QU p tj ra- _j C7 CD QIP L Ll ff) > 0 Cc, 15 ro 0 4�J t-L Z� =3 co C j-- Cjj L L I a- I,D Brenda Fritsvold From: jean carlton <jscarlton1768@gmail.com> Sent: Wednesday, May 8, 2024 3:48 PM To: citizeninput Subject: Deschutes County Comprehensive Plan feedback Some people who received this message don't often get email from jscarlton1768@gmail.com. Learn why this is important [EXTERNAL EMAIL] Deschutes County Comprehensive Plan Testimony 5/8/2024 Hello, my name is lean Carlton. We followed my kids here to live in Bend when they needed a baby sitter and have lived here for 15 years now. For many previous years I visited here every time my dad could drag the family here as I was growing up - back when people said with a sigh "oh Bend is such a great place to live". I need to first acknowledge Commissioner Phil Chang as the inspiration of many of the ideas I will talk about- his leadership is what we need- he skillfully considers the data and the needs of the people of this county and then balances these needs with preserving the fragile environment where we live for the future. For manv vears it did not seem entirely unreasonable for the "young" Deschutes County to actively sell luxury resort space and luxury rural residential development to the highest bidder. The Bend we know though is experiencing extensive growing pains and I think that we all are aware that this is a critical stage for determining its future. On our small ranch we have seen our irrigation water get cut in half, we fear that our well could go dry with increasing pressure and every plume of smoke evokes raw fear. For all of us, there is ongoing fear of disastrous fires for many months of the year, construction is around every corner, too many are unhoused and more, so clang many more, cars are on the beat - up roads. Do we want our children to have access to adequate water, to see deer, elk, raptors, healthy rivers and open spaces framed by mountains and also address adequate housing for the community ? Many of us have raised our voices that these are the values we want to uphold. It's clearly time for Bend to leave its adolescent stage and start to do the hard work of balancing the budget. The way to do that is to implement measurable and enforceable policies and actions regarding land use and zoning . When I carefully read the Comprehensive Plan I do see "visions" but very little measurable and concrete action. And, unfortunately, it is clear that we cannot trust some of the County Commissioners to make decisions that are transparent, justified by data or reflect majority public opinion. They appear instead to be falling into the chronic pattern of pressure from special interests, ie "sell that real estate". The currently proposed Comprehensive Plan does not take "adult" responsibility for conservation with adequate land use policies . It does talk a lot about encouraging planning and studies. All good but some of our County Commissioners are for instance, currently disregarding mule deer studies and advice from Oregon Fish and Wildlife. The Plan also encourages waiting for direction from the state level which specifies that under state law, new destination resort development will be restricted within 24 air miles of a city with over 100,000 people (policy 11.7.4). In contrast, much of chapter 11 of the Plan is dedicated to explaining how the County will provide for development of new destination resorts.We should be past that stage in our development. We know what is good for Deschutes County. We would strongly encourage the Planning Commission to not only listen to public feedback but to undertake leadership that reflects the reality of drought, fire danger and the housing crisis in our county.