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2024-271-Minutes for Meeting August 05,2024 Recorded 9/23/2024BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County CJ2024-271 Steve Dennison, County Clerk Commissioners' Journal 09/23/2024 3:07:58 PM J'S ES I FOR RECORDING STAMP ONLY BOCC MEETING MINUTES 1:00 PM MONDAY August 5, 2024 Allen Room Live Streamed Video Present were Commissioners Patti Adair, Tony DeBone and Phil Chang. Also present were Deputy County Administrator Erik Kropp; Deputy County Administrator Whitney Hale; Senior Assistant County Counsel Kim Riley; and BOCC Executive Assistant Brenda Fritsvold. This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal webpage www.deschutes.org/meetings. CALL TO ORDER: Chair Adair called the meeting to order at 1:00 pm. CITIZEN INPUT: • Brooke Dilley said her family was given 20 minutes to evacuate their home last Friday due to a fire which started at juniper Ridge. Saying that the fire danger in this area is very real, Dilley said neither the County nor the City have taken appropriate measures to protect people and property from fires which start in encampments. She proposed either clearing these properties of encampments or creating more defensible space between the encampments and nearby residences. Stressing that last week's fire jumped the railroad tracks and the road, she urged the selection of a solution and an expedited timeline for its implementation to address this very unsafe and untenable situation. The Commissioners spoke to funds available for creating defensible space and the availability of shelter space to relocate campers. BOCC MEETING AUGUST 5, 2024 PAGE 1 OF 8 • Jeff Burgin shared his experience of being in California when he heard of a fire a few miles from his house. Saying he believes fires are being started by persons who live in dispersed encampments, he said this must be addressed. Commissioner Chang responded that 90% of wildfires are started by human activity, including pile burning, fireworks and target shooting. He said any efforts to eject people from unsanctioned camping sites when they have nowhere else to go will only result in them camping elsewhere. Commissioner Adair agreed that more needs to be done to protect against fires that start in encampments. • Jill Martinusen corroborated remarks made by the previous two speakers and agreed that the encampments should be cleared and defensible space established. • Jenny Lingard was hopeful that existing camping codes will now be enforced as it's ciear that the status quo is not working. Noting that the fire near La Pine in June could have been worse, she urged enforcement of County and City camping restrictions, advised the declaration of an emergency regarding wildfires, and said camping should be prohibited near the chemical plant. AGENDA ITEMS: 1. Grant opportunity to explore the development of a recreational campground on County -owned property at Fort Thompson Lane Jen Patterson, Strategic Initiatives Manager, reminded of the opportunity to submit an application for grant funding to explore the development of a recreational campground on County -owned property at Fort Thomspon Lane. She delineated two options for moving forward to develop a masterplan, saying the first is to pursue funding for a masterplan that would not include addressing the issue of access to the property. The other option is to seek a grant which would result in a detailed masterplan with an artistic rendering of a potential campground and also provide for a traffic study that would explore possible access point(s) to the property. In response to Commissioner Chang, Patterson confirmed that for either of these scenarios, significant public engagement would happen after the plan was developed. Commissioner DeBone suggested that the Board determine a vision and mission for this proposal, saying it is important to be clear on why the County is considering developing a recreational campground on this property. BOCC MEETING AUGUST 5, 2024 PAGE 2 OF 8 Noting that the County could pursue this grant in the future, Commissioner Adair said there are much more important things to address at the current time such as adequate public safety for the community. Commissioner DeBone said both the Fort Thompson and Drafter Road sites may be appropriate for transitional camping for persons who use RVs as mobile primary living spaces. He estimated this type of market demand will continue for the next 50 or100 years. With regard to a vision and mission, Commissioner Chang said Deschutes County is an outdoor recreation destination, and new trails, parks and campgrounds are not being produced at a level that is keeping pace with the demand. He expected that fewer people would be dispersed camping if more developed campgrounds were available and said many trails and viewpoints could be provided at Fort Thompson along with picnic areas, playfields and campsites. Commissioner DeBone noted that the Fort Thompson property is zoned EFU, and the County would not allow a private property owner to establish a public campground on EFU-zoned property. He questioned why a public agency would do this if the real market does not. Will Groves, Planning Manager, spoke to opportunities for private developers who own land within three miles of the UGB and described a process by which an applicant could seek approval via a conditional use permit. Another option would be to undergo a full masterplanning process. Commissioner DeBone envisioned a facility with campsites, power and water, but no sewer connection. Commissioner Chang agreed that some infrastructure would be necessary, and expected that such a development would not only pay for itself but generate a profit over time. Commissioner DeBone supported proceeding with an RFP for the La Pine property, saying he was not motivated to proceed with applying for a grant for Fort Thompson at this time, especially considering the required 50% match. Commissioner Adair stressed the need to remain frugal. The Board agreed to bring this matter back in a few weeks following the scheduled joint meeting between the Board and the City Council of La Pine on August 28th BOCC MEETING AUGUST 5, 2024 PAGE 3 OF 8 2. Deliberation #4: Deschutes County 2040 Comprehensive Plan Update - Chapter 11, Unincorporated Communities and Destination Resorts Nicole Mardell, Senior Planner, reviewed the process approved by the Board to deliberate on changes to the 2040 Comprehensive Plan and invited the Board to suggest revisions to Chapter 11— Unincorporated Communities and Destination Resorts. On page 11-2, Commissioner DeBone suggested adding a qualifier in the third sentence of the introductory paragraph to state that "some community members" have expressed concern about the creation of new resorts, and changing the last sentence to state that "many residents have expressed concern ..." instead of "many residents have expressed opposition ..." Commissioner Adair agreed these are duplicate statements that could be consolidated. Commissioner Chang supported language referencing all resort communities rather than just destination resorts. He also suggested mentioning that the development of new resorts is an increasingly contentious process which renders the County an unwilling party to conflict. The Board discussed moving the paragraph regarding the one parcel outside of La Pine which was mistakenly left out of the city's UGB to elsewhere in the document. Commissioner DeBone noted that Tumalo and Terrebonne were both platted before 1973. He said he viewed the descriptor of a Rural Service Center as a Rural Service Center Designation. Noting that the importance of destination resorts to the economy of Deschutes County is mentioned twice, Commissioner Chang recognized that resorts may have at one time been a key economic development strategy, but this may no longer be the case. Discussion ensued about destination resorts and the fact that, historically, these developments served as a stabilizing force in Central Oregon' s economy. Commissioner DeBone noted a needed edit to page 11-3 to reflect the current status of the Thornburgh development. He suggested adding at least one goal under "Goals and Policies" on page 11-4. On page 11-7, he suggested clarifying that the Architectural Review Committee referred to in Policy 11.2.2 is a body of the Black Butte Ranch HOA. Commissioner Chang proposed adding "aquifer" to the list of natural resources in Goal 11.6. BOCC MEETING AUGUST 5, 2024 PAGE 4 OF 8 Comrnissioner Chang referred to the first paragraph on page 11-9 regarding the destination resort overlay map and suggested adding a timeline for regular Board review, perhaps every 10 or 15 years, noting that the County has grown in population since 2010 and experienced associated effects on wildlife habitat and water resources. A break was announced at 2:54 pm. The meeting resumed at 3:02 pm. Commissioner Chang said both Marion and Benton Counties consider constrained water supplies in the context of development and whether to permit new private wells. He supported incorporating drought consciousness into the County's Comprehensive Plan and Code. Mardell suggested the County could work with Oregon's Water Resource Department to pursue conducting a groundwater critical area study. The Board then resumed its discussion of Chapter 5, Natural Resources, which had commenced on July 24tn Commissioner DeBone noted that the La Pine aquifer extends into Klamath County rather than ending at the Klamath County line. Referring to the lack of sewers in the South County, he said Oregon's Goal 11 (from the Statewide Planning Goals & Guidelines) does not allow urban services in rural areas, although some urban services would benefit some rural areas. Commissioner Chang supported including language about seeking a Goal 11 exception for targeted areas, saying this might be appropriate to add to page 5-8. On page 5-7, Commissioner Chang supported removing the statement that "No long-term water -level declines attributable to groundwater pumping were found in the upper Deschutes Basin" as this is not accurate. Commissioner Change recommended changes to the "Reservoirs" section. Mardell said a new paragraph could be added describing the habitat conservation plan for the Wickiup area. Referring to the last paragraph of page 5-9, Commissioner Chang suggested recognizing organizations such as the Bureau of Reclamation, USDA, the Soil and Water Conservation District, et al., who play a part to advance water conservation and availability. Referring to Goal 5.2 on page 5-10, Commissioner Chang suggested expanding this statement to "Increase water efficiency and conservation efforts among all users, including homeowners and businesses." BOCC MEETING AUGUST 5, 2024 PAGE 5 OF 8 Discussion ensued regarding the use of grey water. The Board was in consensus to add language encouraging water reuse and recycling projects. Referring to page 5-11, Commissioner DeBone acknowledged a suggestion to add language at the end of Policy 5.2.3 to acknowledge lower groundwater recharge from canal piping efforts. Saying it is important to recognize the connections between surface water and groundwater, Commissioner Chang proposed adding language to explore measures to ensure adequate resources to meet the needs of habitat and junior water rights holders, perhaps following Policy 5.2.3. Commissioner DeBone did not support changing the sentence as drafted. On page 5-12, Commissioner DeBone suggested an edit to Policy 5.4.4. Mardell proposed changing the introductory sentence to begin "Update and implement policies to be consistent with federally approved ..." On page 5-13, Commissioner DeBone questioned the wording of Policy 5.5.3. Commissioner Chang suggested changing this to read "Support efforts to protect existing surface water and groundwater users and to maintain sustainable groundwater resources as OWRD works to update and modernize Oregon's groundwater allocation rules and policies." On page 5-14, Commissioner Change suggested adding the word "hunting" to Policy 5.8.1. Commissioner Chang proposed gathering more information from Marion and Benton Counties regarding land use and groundwater planning. Commissioner DeBone wanted to learn more before adding language to the Comprehensive Plan. Commissioners Adair and DeBone asked to be provided with a redlined draft of the update showing the Board's desired changes as discussed. OTHER ITEMS: • Commissioner DeBone distributed copies of a letter from Craig Letz of Tamarack Wildfire Consulting regarding the draft state Wildfire Hazard Map. Commissioners Chang and DeBone supported submitting a letter expressing concern that Deschutes County has more high hazard areas than depicted on the map. • Commissioner DeBone referred to a letter from Rick Russell of Mountain View Community Development seeking a commitment from the County to extend a long- BOCC MEETING AUGUST 5, 2024 PAGE 6 OF 8 term lease to MVCD to develop and operate permanent supportive housing on County -owned land in Redmond. • Commissioner DeBone noted a request from Jerry Hubbard of the La Pine Fire District for a generic letter of support from the Board acknowledging the District's need for AEDs. Commissioners Chang and DeBone stated their preference to support a specific request instead of providing a generic letter of support. • Commissioner Chang reported that last Thursday, Representative Tom Sanchez came to Bend to tour the St. Charles Emergency Department and discuss a possible bill to establish child emergency psychiatric centers. Also discussed was the need for acute and respite residential care in Redmond or Bend, co -located with St. Charles. • Sharing that next Monday, Senator Jeff Golden will be in Bend, Commissioner Chang said he is setting up a meeting for the senator to talk with representatives of the insurance industry about what can be done to force insurers to recognize good home resiliency work being done by some homeowners and give them credit for it. • Commissioner Adair shared that Deschutes County Clerk Steve Dennison is concerned about ranked choice voting and asked if he can make a video for the community's information about this non -partisan issue. • Commissioner Adair will attend a CONNECT Oregon meeting in Salem on Wednesday. • Discussion ensued regarding the invoice for annual membership in the Eastern Oregon Counties Association (EOCA), billed at a basic membership cost of $12,500. Before the invoice is approved for payment, Commissioner Chang wanted a report of what the EOCA is working on that benefits Deschutes County. Commissioners Adair and DeBone supported paying the basic membership amount. • Discussion ensued regarding Funds 130 and 132 and RV registration fees in relation to the possibility of developing County -owned land for a recreational campground. EXECUTIVE SESSION: None ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 4:27 pm. DATED this I day of 2024 for the Deschutes County Board of Commissioners. BOCC MEETING PATTI ADAIR, CHAIR AUGUST 5, 2024 PAGE 7 OF 8 ATTEST: ��4��rit�r�Uf RECORDING SECRETARY BOCC MEETING ANTHONY DEBONE, VICE CHAIR 111,7 PHIL CHANG, COMMISSIONER AUGUST 5, 2024 PAGE 8 OF 8 01'ES 0 BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 1:00 PM, MONDAY, AUGUST 5, 2024 Allen Room Deschutes Services Building - 1300 NW Wall Street - Bend (541) 388-6570 I 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/3h3oqdD. • To join by phone, call 253-215-8782 and enter webinar ID # 899 4635 9970 followed by the passcode 013510. • If joining by a browser, use the raise hand icon to indicate you would like to provide public comment, if and when allowed. If using a phone, press *9 to indicate you would like to speak and *6 to unmute yourself when you are called on. • When it is your turn to provide testimony, you will be promoted from an attendee to a panelist. You may experience a brief pause as your meeting status changes. Once you have joined as a panelist, you will be able to turn on your camera, if you would like to. EI 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 CITIZEN INPUT: Citizen Input may be provided as comment on any topic that is not on the agenda. Note: In addition to the option of providing in -person comments at the meeting, citizen input comments may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734.. AGENDA ITEMS 1. 1:00 PM Grant opportunity to explore the development of a recreational campground on County -owned property at Fort Thompson Lane 2. 1:30 PM Deliberation #4: Deschutes County 2040 Comprehensive Plan Update - Chapter 11, Unincorporated Communities and Destination Resorts OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. EXECUTIVE SESSION At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories. Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. ADJOURN August 5, 2024 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 2 Subject: Name Address BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony br I( C 2-0 kid/4 Date: Phone #s C E-mail address 1> In Favor Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed No SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS UEST TO SPEAK nput or Testimony Submitting written -documents as part of testimony? Yes If so, please give a copy to the RRecordilig Secretary for the record, SUBMIT COMP I ETED REQUEST TO ORDING SECR TA .2:Y BEFORE MEETING BEGINS. v1ES o BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: August 5, 2024 SUBJECT: Grant opportunity to explore the development of a recreational campground on County -owned property at Fort Thompson Lane BACKGROUND AND POLICY IMPLICATIONS: Oregon State Parks and Recreation Department has a County Opportunity Grant Program (COGP) to fund qualified projects for Oregon counties. Staff seeks guidance from the Board on whether to apply for this grant opportunity. If the Board supports a grant application, staff recommends that any awarded grant funds be used to develop a site plan and detailed financial analysis of a potential recreational campground at Fort Thompson Lane. The grant opportunity opened August 1, 2024. Applications are due by October 1, 2024. Eligible projects include: • Acquisition - Acquiring property for public camping facilities • Development - Developing new campgrounds and/or support facilities • Rehabilitation - Rehabilitating grounds or structures to meet ADA requirements • Planning - Planning for future development of overnight camping facilities, including park master plans Counties with more than 30,000 residents are required to provide a 50% match. BUDGET IMPACTS: The cost would be 50% of any awarded grant funds. ATTENDANCE: Jen Patterson, Strategic Initiatives Manager Will Groves, Planning Manager Stephanie Marshall, Senior Assistant Legal Counsel �0ES 0 BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: August 5, 2024 SUBJECT: Deliberation #4: Deschutes County 2040 Comprehensive Plan Update - Chapter 11, Unincorporated Communities and Destination Resorts RECOMMENDED MOTION: Provide direction to staff on revisions to Chapter 11 of the draft Deschutes County 2040 Comprehensive Plan. The Board will also complete their review of Chapter 5, which began on July 24. BACKGROUND AND POLICY IMPLICATIONS: The Board of Commissioners will continue the deliberations process in consideration of the draft Deschutes County 2040 Comprehensive Plan. The full record is located on the project website: https://www.deschutes.org/cd/page/247-23-000644-pa-deschutes-county-2040- comprehensive-plan-update-hearing-page. BUDGET IMPACTS: None ATTENDANCE: Nicole Mardell, AICP, Senior Long Range Planner Will Groves, Planning Manager Peter Gutowsky, Community Development Director Stephanie Marshall, Senior Assistant Legal Counsel v-cEs MEMORANDUM COMM ITV DEVELOPMENT TO: Deschutes County Board of County Commissioners ("Board") FROM: Nicole Mardell, AICP, Senior Planner Will Groves, Planning Manager DATE: July31, 2024 SUBJECT: Deliberation #4: Deschutes County 2040 Comprehensive Plan Update - Chapter 11, Unincorporated Communities and Destination Resorts On August 5, 2024, the Board will deliberate Chapter 11 of the Deschutes County 2040 Comprehensive Plan (2040 Plan), pertaining to Unincorporated Communities and Destination Resorts (Attachment A) and the remaining text in Chapter 5, Natural Resources' (Attachment B). Staff provides a brief background on the process, items recommended to remain in a "parking lot" that will ultimately inform an action plan, and notable testimony. During this meeting, the Board will be asked to provide recommended text, goal, and policy revisions for incorporating in the final document. I. PROPOSAL This is a legislative text amendment to repeal and replace the 2030 Comprehensive Plan, adopted in 2011, with the 2040 Plan. No zoning or comprehensive plan map amendments are being considered, nor are any changes to the County's adopted Goal 5 inventories pertaining to significant natural resources, scenic views, open spaces, mineral and aggregate sites, and historic and cultural resources. The full record is included on the project hearing page: https://www.deschutes.org/cd/page/247-23-000644-pa-deschutes-county-2040- comprehensive-plan-update-hearing-page. 1 The Board began deliberations of Chapter 5 on July 24, 2024 and ended on page 5-7 of the chapter. A video of the discussion can be found here: https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-186 I1. BACKGROUND The 2040 Plan provides background information, a summary of community considerations, and overarching goal and policy guidance pertaining to key issues facing the county. The Board held public hearings to gather testimony for the 2040 Plan on April 10, 2024, in Bend2; April 23 in Sunriver3; and April 30 in Sisters4; and May 8 in Bends. At the conclusion of the May 8 hearing, the Commission voted to close the oral record, leave the written record open until May 30, and commence deliberations at a subsequent meeting. Staff held a work session with the Board on June 106 to discuss the process for deliberating the 2040 Plan, ultimately determining to perform an extensive review of the following four chapters: • July 22: Chapter 3, Farm and Forest Resources • July 24: Chapter 5, Natural Resources • July 29: Chapter 7, Natural Hazards • August 5: Chapter 11, Unincorporated Communities and Destination Resorts. The Board may choose to conduct additional deliberations if needed. At each one, commissioners will discuss preferred edits to chapter narratives, goals, and policies.' Staff will be seeking consensus from the Board. Some issues may warrant a vote. Parking Lot During the June work session, staff introduced the concept of a "parking lot" for items that may be outside the scope of the 2040 Plan. This includes items that are one-time actions more fitting for a subsequent action plan or items potentially precluded by state law. They are listed in Attachment C. Staff recommends the Board table them during deliberations, and instead include the list as an attachment to the adopted 2040 Plan. The Board can then discuss them in greater detail through the development of an action plan. I11. KEY ISSUES FOR CONSIDERATION Chapter 11, Unincorporated Communities and Destination Resorts was selected due to numerous public and agency comments. 2 https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-162 3https://www.desch utes.org/bcc/page/public-hea ring-2020-2040-comprehensive-plan-update 4 https://www.deschutes.org/bcc/page/public-hearing-2020-2040-comprehensive-plan-update-0 5 https://www.deschutes.org/bcc/page/2020-2040-comprehensive-plan-update-public-hearing 6 https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-175 Scrivenor's errors and technical edits do not need to be discussed as part of the deliberations process. Staff will compile a list to update in the final draft of the document. Page 2of3 To aid in the Board's discussion, a high-level summary of topics raised in the record are listed below8. Unincorporated Communities • Explore funding opportunities for infrastructure upgrades in unincorporated communities, such as safe routes to schools. • Clarify role of Black Butte Ranch homeowners in granting access to trail users for private paths in the resort. Destination Resorts • Revise narrative to note environmental and traffic impacts from destination resort development. • Amend narrative to note recent contentious public process for destination resort development and community opposition. • Revise narrative to note positive effect on economy from destination resort development. • Revise narrative to include water use data for destination resorts. • Prioritize development of workforce housing over destination resorts. IV. NEXT STEPS Staff seeks direction from the Board on preferred edits to Chapter 11 and 5. Following the discussion, staff will integrate them into a final version of the 2040 Plan for adoption. As this is the last scheduled deliberation meeting, the Board may raise additional topics for discussion at the meeting, or schedule additional meetings as necessary. Attachments: A. Chapter 11, Unincorporated Communities and Destination Resorts B. Chapter 5, Natural Resources C. "Parking Lot" Issues 8 This list does not include items that are considered to be one-time actions, outside the scope of the plan, or potentially precluded by state law. Those items are listed separately in Attachment A "Parking Lot" Page 3of3 Unincorporated Communities and Destination Resorts Opportunities, Challenges, and Considerations Deschutes County is home to numerous unincorporated communities, which contain urban levels of development outside of city limits. Many of these communities provide services and amenities to rural residents. As the county continues to grow, many residents are concerned about increasingly dense development in these unincorporated areas which may feel out of scale with the surrounding rural uses. However, many residents also see the need for more opportunities for small-scale rural services and retail opportunities to serve existing and future community members. Deschutes County will need to continue to refine the vision and guidelines for development in these areas while balancing infrastructure needs, protection of natural resources and rural land uses, and community desires. In addition to these unincorporated communities, Destination Resorts are another form of development outside of urban areas. In recent years, community members have expressed concern about the creation of new resorts for a variety of reasons. While Destination Resorts are an opportunity for economic development and housing in the rural County, many residents have expressed opposition to additional development of this type. Context Unincorporated Communities Deschutes County's unincorporated communities generally pre -date Oregon's statewide land use system and have more urban -scale uses in outer - lying rural areas, within a defined geographic boundary. In 1994, Oregon Administrative Rules (OARs) were amended to define unincorporated communities and the types of uses that could be allowed in these areas. The OARs established four types of unincorporated communities, all of which were required to be in existence at the time of the change - the Rule did not allow for new rural communities to be established. These community types are described below. URBAN UNINCORPORATED COMMUNITY This is a community which contains at least 150 permanent dwelling units, a mixture of land uses, and contains a community water and sewer system. Sunriver is an Urban Unincorporated community. One parcel just outside of the City of La Pine was mistakenly left outside of the City's urban growth boundary, and is technically under this classification as well. RURAL COMMUNITY This is a community which consists of permanent residential dwellings and at least two other types of land uses - such as commercial, industrial, or public uses provided to the community or travelers. Terrebonne and Tumalo are Rural Communities. 11-2 1 Deschutes County Comprehensive Plan RESORT COMMUNITY This type of community was established for a recreation -related use on private land prior to 1989 when the state adopted its Destination Resort rules. Black Butte Ranch and Inn of the 7th Mountain/Widgi Creek are Resort Communities. It's important to note that there are several other resort style developments in the County on private lands called "Destination Resorts." See the next section for more information. RURAL SERVICE CENTER This is an unincorporated community that has primarily commercial or industrial uses that provide goods and services to the surrounding rural area and travelers. These are the most common type of unincorporated community in Deschutes County and include Alfalfa, Brothers, Hampton, Millican, Whistlestop, and Wildhunt. Destination Resorts Since 1979 destination resorts have increased in importance to the economy of Deschutes County. In 1989, recognizing the importance of tourism to the economy of the State of Oregon, the state legislature and the Land Conservation and Development Commission (LCDC) took steps to make it easier to establish destination resorts on rural lands in the state. Statewide Planning Goal 8, the recreation goal, was amended to specify a process for locating destination resorts on rural land without taking an exception to Goals 3, 4, 11 and 14, which govern development in rural resource lands. Under these changes, destination resorts may be sited in EFU zones where they weren't previously allowed. in 1990, LCDC amended the rule for siting destination resorts on forest lands as well. Eagle Crest Resort, although it had existed prior to these changes, applied for legislative changes to comply with these new rules and expand onto adjacent lands. In 2010, Deschutes County completed an amendment to its destination resort mapping process, adding "clear and objective" requirements for eligible and ineligible sites, and the process for amending the destination resort map based on changes in state law. Since that time, Pronghorn, Caldera Springs, and Tetherow resorts have gone through the siting process. Resorts existing prior to the legislative change, such as Black Butte, Sunriver, and the Inn of the Seventh Mountain have also expanded and been rezoned to Urban Unincorporated Community and Resort Community, respectively. Thornburgh Resort has received preliminary approvals, but has not yet broken ground. Destination resorts are a key economic development strategy for Deschutes County. Many community members and visitors enjoy the recreational amenities and accommodations that Destination Resorts provide. 11-3 1 Deschutes County Comprehensive Plan Unincorpo Key Community Considerations Unincorporated Communities are limited in their development potential due to their specific geographic footprint. Protecting open space and natural resources while providing economic opportunities in these unincorporated areas continues to be a balancing act. As additional rural development occurs, so does the demand for services and goods that can be reached without having to drive to an incorporated city. Aging residents have expressed a desire for additional medical care and offices in rural areas to support aging in place. On the other hand, many residents would prefer limiting development in unincorporated communities in order to preserve the rural of the area. Destination Resort development continues to be a contentious issue. Community members have expressed concern regarding the water use of large-scale development - specifically the effects to groundwater for neighboring property owners. Other community members express support for the economic and amenity benefits of destination resorts, noting that the current requirements sufficiently address natural resource concerns. Additional community conversations will be valuable to understand the diversity of perspectives on this topic. and is �$ e s t i �a a? 1, Goals and Policies Resort Community Policies General Resort Community Policies Policy 11.1.1. Land use regulations shall conform to the requirements of OAR 660 Division 22 or any successor. Policy 11.1.2. Designated open space and common area, unless otherwise zoned for development, shall remain undeveloped except for community amenities such as bike and pedestrian paths, park and picnic areas. Areas developed as golf courses shall remain available for that purpose or for open space/ recreation uses. Policy 11.1.3. The provisions of the Landscape Management Overlay Zone shall apply in Resort Communities where the zone exists along Century Drive, Highway 26 and the Deschutes River. Policy 11.1.4. Residential minimum lot sizes and densities shall be determined by the capacity of the water and sewer facilities to accommodate existing and future development and growth. Policy 11.1.5. The resort facility and resort recreation uses permitted in the zoning for Black Butte Ranch and the Inn of the Seventh Mountain/Widgi Creek shall serve the resort community. Black Butte Ranch General Policies Policy 11.2.1. County comprehensive plan policies and land use regulations shall ensure that new uses authorized within the Black Butte Ranch Resort Community do not adversely affect forest uses in the surrounding Forest Use Zones. Policy 11.2.2. The County supports the design review standards administered by the Architectural Review Committee. 11-4 i Deschutes County Comprehensive Plan m e mats sorts Policy 11.2.3. Residential, resort and utility uses shall continue to be developed in accordance with the Master Design for Black Butte Ranch and the respective Section Declarations. Policy 11.2.4.Industrial activities, including surface mining, shall only occur in the area zoned Black Butte Ranch Surface Mining, Limited Use Combining District (Black Butte Ranch SM/LU) located in the northwest corner of Black Butte Ranch. Policy 11.2.5.Employee housing shall be located in the area zoned Black Butte Ranch- Utility/Limited Use Combining District (Black Butte Ranch-U/LU). Policy 11.2.6.Any amendment to the allowable use(s) in either the Resort Community District or the Limited Use Combining District shall require an exception in accordance with applicable statewide planning goal(s), OAR 660-04-018/022 and DCC 18.112 or any successor. Policy 11.2.7.The westerly 38-acres zoned Black Butte Ranch Surface Mining, Limited Use Combining District (Black Butte Ranch SM/LU) shall be used for the mining and storage of aggregate resources. Uses that do not prevent the future mining of these resources, such as disposal of reclaimed effluent and woody debris disposal from thinning and other forest practices may be allowed concurrently. Other resort maintenance, operational and utility uses, such as a solid waste transfer station, maintenance facility or equipment storage may be allowed only after mining and reclamation have occurred. Policy 11.2.8. The 18.5 acres zoned Black Butte Ranch-Utility/Limited Use Combining District (Black Butte Ranch-U/LU) may be used for the disposal of reclaimed sludge. Policy 11.2.9. The area west of McCallister Road and east of the area zoned Black Butte Ranch may be used for large equipment storage, general storage, maintenance uses, RV storage, telephone communications, administration offices, housekeeping facilities and employee housing. Policy 11.2.10. Employee housing shall be set back at least 250 feet from the eastern boundary of the area zoned Black Butte Ranch Surface Mining, Limited Use Combining District (Black Butte Ranch SM/ LU). Policy 11.2.11. Surface mining within the Black Butte Ranch community boundary shall adhere to the following Goal 5 ESEE "Program to Meet Goal" requirements: a. Only the western most 38 acres of the site shall continue to be mined. b. Setbacks shall be required for potential conflicting residential and other development. A minimum 50-foot setback shall be maintained from the perimeter of tax lot 202 for all surface mining activity. c. Noise impact shall be mitigated by buffering and screening. d. Hours of operation shall be limited to between 7:00 a.m. and 6:00 p.m. weekdays. No operations shall be allowed on weekends and holidays. e. Processing shall be limited to 45 days in any one year, to be negotiated with Deschutes County in the site plan process in consultation with the Oregon Department of Fish and Wildlife (ODFW). f. The conditions set forth in the August 10, 1989, letter of ODFW shall be adhered to. g. Extraction at the site shall be limited to five acres at a time with on -going incremental reclamation (subject to DOGAMI review and approval). 11-5 I Deschutes County Comprehensive Plan Dest FA Resorts h. Mining operations, siting of equipment, and trucking of product shall be conducted in such a manner that applicable DEQ standards are met and minimizes noise and dust. i. DOGAMI requirements for a permit once mining affects more than five acres outside the 8.6-acre exemption area shall be met. J• A conditional use permit shall be obtained from Deschutes County, under the provisions of section 18.128.280. Surface mining of resources exclusively for on - site personal, farm or forest use or maintenance of irrigation canals, before mining activity affects more than five acres outside the 8.6-acre exempt area. Black Butte Ranch Public Facility Policies Policy 11.3.1. Police protection services shall be provided by the Black Butte Ranch Police Services District. Policy 11.3.2. The Black Butte Ranch Water Distribution Company and the Black Butte Ranch Corporation shall confirm the water and sewer service, respectively, can be provided for new uses or expansion of existing uses that require land use approval. Policy 11.3.3. The Black Butte Ranch Water Distribution Company shall provide water service for the Black Butte Ranch Resort Community. Policy 11.3.4. The Black Butte Ranch Corporation shall provide sewer service for Black Butte Ranch. Policy 11.3.5. The Black Butte Ranch Fire Protection District shall provide fire protection services for Black Butte Ranch. Policy 11.3.6. The roads and the bicycle/ pedestrian path system within the Black Butte Ranch Resort Community boundary shall be maintained by the Black Butte Ranch Owners Association. Inn of the 7th Mountain Widgi Creek General Policies Policy 11.4.1. Any amendment to the allowable uses in either the Resort Community District or the Widgi Creek Residential District shall require an exception in accordance with applicable statewide planning goal(s), OAR 660-04-018/022 or any successor, and DCC 18.112 or any successor. Policy 11.4.2. The County shall encourage and support land exchanges efforts by and between private property owners, public agencies, and public trusts for the purpose of fostering public access to and protection of natural resources, such as rivers, streams, caves, areas/features of historical importance and other natural features. Inn of the 7th Mountain/Widgi Creek Public Facility Policies Policy 11.5.1. Police protection services shall be provided under contract with the Deschutes County Sheriff. Policy 11.5.2. Water service shall be supplied by on -site wells for the Inn/Widgi Resort Community. Policy 11.5.3. New uses or expansion of existing uses that require land use approval shall be approved only upon confirmation from the City of Bend that sewer service can be provided. Policy 11.5.4. Fire protection services for the Inn/Widgi shall be provided through a contract with the City of Bend until such time as Inn/Widgi develops another plan to provide adequate fire protection. 11-6 1 Deschutes County Comprehensive Plan Policy 11.5.5. The Resort Community, not Deschutes County, shall maintain roads in the community. Policy 11.5.6. The bicycle/pedestrian path system shall be maintained by the Inn/Widgi Owners Association. Policy 11.5.7. Emergency access between Widgi Creek and the Inn of the Seventh Mountain shall be provided in accordance with the approved development plan for the Elkai Woods town homes. The respective resort property owners shall maintain emergency access between the Inn and Widgi Creek Destination Resorts Policies Goal 11.6: Provide for development of destination resorts in the County in a manner that will be compatible with farm and forest uses, existing rural development, and in a manner that will maintain important natural features including habitat of threatened or endangered species, streams, rivers, and significant wetlands. Policy 11.6.1. Provide a process for the siting of destination resorts facilities that enhance and diversify the recreational opportunities and economy of Deschutes County, on lands that have been mapped by Deschutes County as eligible for this purpose. Goal 11.7: Provide for development of destination resorts consistent with Statewide Planning Goal 12 in a manner that will ensure the resorts are supported by adequate transportation facilities. Policy 11.7.1. Destination resorts shall only be allowed within areas shown on the "Deschutes County Destination Resort Map" and when the resort complies with the requirements of Goal 8, ORS 197.435 to 197.467, and Deschutes County Code 18.113. Policy 11.7.2. Ensure protection of water quality, recreational resources, and other County resources and values. Policy 11.7.3. Ensure that destination resort developments support and implement strategies to provide workers with affordable housing options within or in close proximity to the resorts. Policy 11.7.4.Mapping for destination resort siting. a. To assure that resort development does not conflict with the objectives of other Statewide Planning Goals, destination resorts shall pursuant to Goal 8 not be sited in Deschutes County in the following areas: 1) Within 24 air miles of an urban growth boundary with an existing population of 100,000 or more unless residential uses are limited to those necessary for the staff and management of the resort; 2) On a site with 50 or more contiguous acres of unique or prime farm land identified and mapped by the Soil Conservation Service or within three miles of farm land within a High -Value Crop Area; 3) On predominantly Cubic Foot Site Class 1 or 2 forest lands which are not subject to an approved Goal exception; 4) On areas protected as Goal 5 resources in an acknowledged comprehensive plan where all conflicting uses have been prohibited to protect the Goal 5 resource; 11-7 I Deschutes County Comprehensive Plan s and De 5) Especially sensitive big game habitat, and as listed below, as generally mapped by the Oregon Department of Fish and Wildlife in July 1984 an as further refined through development of comprehensive plan provisions implementing this requirement. i. Tumalo deer winter range; ii. Portion of the Metolius deer winter range; iii. Antelope winter range east of Bend near Horse Ridge and Millican; 6) Sites less than 160 acres. b. To assure that resort development does not conflict with Oregon Revised Statute, destination resorts shall not be sited in Deschutes County in Areas of Critical State Concern. c. To assure that resort development does not conflict with the objectives of Deschutes County, destination resorts shall also not be located in the following areas: 1) Sites listed below that are inventoried Goal 5 resources, shown on the Wildlife Combining Zone, that the County has chosen to protect: i. Antelope Range near Horse Ridge and Millican; ii. Elk Habitat Area; and iii. Deer Winter Range; 2) Wildlife Priority Area, identified on the 1999 ODFW map submitted to the South County Regional Problem Solving Group; 3) Lands zoned Open Space and Conservation (OS&C); 4) Lands zoned Forest Use 1 (F-1); 5) Irrigated lands zoned Exclusive Farm Use (EFU) having 40 or greater contiguous acres in irrigation; 6) 6. Non-contiguous EFU acres in the same ownership having 60 or greater irrigated acres; 7) Farm or forest land within one mile outside of urban growth boundaries; 8) Lands designated Urban Reserve Area under ORS 195.145; 9) Platted subdivisions; d. For those lands not located in any of the areas designated in Policy 3.9.5(a) though (c), destination resorts may, pursuant to Goal 8, Oregon Revised Statute and Deschutes County zoning code, be sited in the following areas: 1) Forest Use 2 (F-2), Multiple Use Agriculture (MUA-10), and Rural Residential (RR-10) zones; 2) Unirrigated Exclusive Farm Use (EFU) land; 3) Irrigated lands zoned EFU having less than 40 contiguous acres in irrigation; 4) Non-contiguous irrigated EFU acres in the same ownership having less than 60 irrigated acres; 5) All property within a subdivision for which cluster development approval was obtained prior to 1990, for which the original cluster development approval designated at least 50 percent of the development as open space and which was within the destination resort zone prior to the effective date of Ordinance 2010-024 shall remain on the eligibility map; 6) Minimum site of 160 contiguous acres or greater under one or multiple ownerships; 11-8 I Deschutes County Comprehensive Plan Unincorpor e. The County shall adopt a map showing where destination resorts can be located in the County. Such map shall become part of the Comprehensive Plan and Zoning Ordinance and shall be an overlay zone designated Destination Resort (DR). Policy 11.7.5. Ordinance Provisions a. The County shall ensure that destination resorts are compatible with the site and adjacent land uses through enactment of land use regulations that, at a minimum, provide for the following: 1) Maintenance of important natural features, including habitat of threatened or endangered species, streams, rivers, and significant wetlands; maintenance of riparian vegetation within 100 feet of streams, rivers and significant wetlands; and 2) Location and design of improvements and activities in a manner that will avoid or minimize adverse effects of the resort on uses on surrounding lands, particularly effects on intensive farming operations in the area and on the rural transportation system. In order to adequately assess the effect on the transportation system, notice and the opportunity for comment shall be provided to the relevant road authority. 3) Such regulations may allow for alterations to important natural features, including placement of structures, provided that the overall values of the feature are maintained. b. Minimum measures to assure that design and placement of improvements and activities will avoid or minimize the adverse effects noted in Policy 3.9.4(a) shall include: tunit Resort, 1) The establishment and maintenance of buffers between the resort and adjacent land uses, including natural vegetation and where appropriate, fenced, berms, landscaped areas, and other similar types of buffers. 2) Setbacks of structures and other improvements from adjacent land uses. c. The County may adopt additional land use restrictions to ensure that proposed destination resorts are compatible with the environmental capabilities of the site and surrounding land uses. d. Uses in destination resorts shall be limited to visitor- oriented accommodations, overnight lodgings, developed recreational facilities, commercial uses limited to types and levels necessary to meet the needs of visitors to the resort, and uses consistent with preservation and maintenance of open space. e. The zoning ordinance shall include measures that assure that developed recreational facilities, visitor -oriented accommodations and key facilities intended to serve the entire development are physically provided or are guaranteed through surety bonding or substantially equivalent financial assurances prior to closure of sale of individual lots or units. In phased developments, developed recreational facilities and other key facilitated intended to serve a particular phase shall be constructed prior to sales in that phase or guaranteed through surety bonding. SUNRIVER POLICIES General Sunriver Policies Policy 11.8.1. Land use regulations shall conform to the requirements of OAR 660 Division 22 or any successor. 11-9 I Deschutes County Comprehensive Plan '% r o rae 1. Policy 11.8.2. County comprehensive plan policies and land use regulations shall ensure that new uses authorized within the Sunriver Urban Unincorporated Community do not adversely affect forest uses in the surrounding Forest Use Zones. Policy 11.8.3. To protect scenic views and riparian habitat within the community, appropriate setbacks shall be required for all structures built on properties with frontage along the Deschutes River. Policy 11.8.4. Open space and common area, unless otherwise zoned for development, shall remain undeveloped except for community amenities such as bike and pedestrian paths, and parks and picnic areas. Policy 11.8.5. Public access to the Deschutes River shall be preserved. Policy 11.8.6. The County supports the design review standards administered by the Sunriver Owners Association. Sunriver Residential District Policies Policy 11.9.1. Areas designated residential on the comprehensive plan map shall be developed with single family or multiple family residential housing. Sunriver Commercial District Policies Policy 11.10.1. Small-scale, low -impact commercial uses shall be developed in conformance with the requirements of OAR Chapter 660, Division 22. Larger, more intense commercial uses shall be permitted if they are intended to serve the community, the surrounding rural area and the travel needs of people passing through the area. Policy 11.10.2. No additional land shall be designated Commercial until the next periodic review. Policy 11.10.3. Multiple -family residences and residential units in commercial buildings shall be permitted in the commercial area for the purpose of providing housing which is adjacent to places of employment. Single- family residences shall not be permitted in commercial areas. Policy 11.10.4. Approval standards for conditional uses in the commercial district shall take into consideration the impact of the proposed use on the nearby residential and commercial uses and the capacity of the transportation system and public facilities and services to serve the proposed use. Sunriver Town Center District Policies Policy 11.11.1. Small-scale, low -impact commercial uses shall be developed in conformance with the requirements of OAR Chapter 660, Division 22. Larger, more intense commercial uses shall be permitted if they are intended to serve the community, the surrounding rural area or the travel needs of people passing through the area. Policy 11.11.2. Development standards in the town center district should encourage new development that is compatible with a town center style of development that serves as the commercial core of the Sunriver Urban Unincorporated Community. The following policies should guide development in the Town Center District in Sunriver: a. Combine a mixture of land uses that may include retail, offices, commercial services, residential housing and civic uses to create economic and social vitality and encourage pedestrian use through mixed use and stand alone residential buildings. b. Develop a commercial mixed -use area that is safe, comfortable and attractive to pedestrians. 11-10 I Deschutes County Comprehensive Plan i °7 c. Encourage efficient land use by facilitating compact, high -density development that minimizes the amount of land that is needed for development. d. Provide both formal and informal community gathering places. e. Provide visitor accommodations and tourism amenities appropriate to Sunriver. f. Provide design flexibility to anticipate changes in the marketplace. Provide access and public places that encourage pedestrian and bicycle travel. h. Provide road and pedestrian connections to residential areas. g• J• i. Facilitate development (land use mix, density and design) that supports public transit where applicable. Develop a distinct character and quality design appropriate to Sunriver that will identify the Town Center as the centerpiece/focal point of the community. Policy 11.11.3. Development within the Town Center (TC) District will be substantially more dense than development elsewhere in Sunriver. This increased density will require changes to existing topography and vegetation in the TC District to allow for screened, underground parking. The requirements of the County's site plan ordinance shall be interpreted to reflect this fact. Sunriver Resort District Policies Policy 11.12.1. Areas designated resort on the comprehensive plan map shall be designated resort, resort marina, resort golf course, resort equestrian or resort nature center district on the zoning map to reflect a development pattern which is consistent with resort uses and activities. Sunriver Business Park District Policies Policy 11.13.1. A variety of commercial uses which support the needs of the community and surrounding rural area, and not uses solely intended to attract resort visitors, should be encouraged. Policy 11.13.2. Allow small-scale, low -impact commercial uses in conformance with the requirements of OAR Chapter 660, Division 22. Larger more intense commercial uses shall be permitted if they are intended to serve the community, the surrounding rural area and the travel needs of people passing through the area. Policy 11.13.3. Small-scale, low -impact industrial uses should be allowed in conformance with the requirements of OAR Chapter 660, Division 22. 11-11 1 Deschutes County Comprehensive Plan Uninco and Dest Sunriver Community District Policies Policy 11.14.1. Areas designated community on the comprehensive plan map shall be designated community general, community recreation, community limited or community neighborhood district on the zoning map to reflect a development pattern which is consistent community uses and activities. Policy 11.14.2.Policy 11.9.2. Lands designated community shall be developed with uses which support all facets of community needs, be they those of year- round residents or part-time residents and tourists. Policy 11.14.3.Policy 11.9.3. Development shall take into consideration the unique physical features of the community and be sensitive to the residential development within which the community areas are interspersed. Sunriver Airport District Policies Policy 11.15.1. Future development shall not result in structures or uses which, due to extreme height or attraction of birds, would pose a hazard to the operation of aircraft. Policy 11.15.2. Future development should not allow uses which would result in large concentrations or gatherings of people in a single location. Sunriver Utility District Policies Policy 11.15.3. Lands designated utility shall allow for development of administrative offices, substations, storage/repair yards, distribution lines and similar amenities for services such as water, sewer, telephone, cable television and wireless telecommunications. Sunriver Forest District Policies Policy 11.16.1. Uses and development on property designated forest that are within the Sunriver Urban Unincorporated Community boundary shall be consistent with uses and development of other lands outside of the community boundary which are also designated forest on the Deschutes County comprehensive plan map. Policy 11.16.2. Forest district property shall be used primarily for effluent storage ponds, spray irrigation of effluent, biosolids application and ancillary facilities necessary to meet Oregon Department of Environmental Quality sewage disposal regulations. Policy 11.16.3. The development of resort, residential or non -forest commercial activities on Forest district lands shall be prohibited unless an exception to Goal 14 is taken. Sunriver General Public Facility Policies Policy 11.17.1. Residential minimum lot sizes and densities shall be determined by the capacity of the water and sewer facilities to accommodate existing and future development and growth. Policy 11.17.2. New uses or expansion of existing uses within the Sunriver Urban Unincorporated Community which require land use approval shall be approved only upon confirmation from the Sunriver Utility Company that water and sewer service for such uses can be provided. Policy 11.17.3. Expansion of the Sunriver Water LLC/Environmental/LLC Water and Sewer District outside of the historic Sunriver boundaries shall adequately address the impacts to services provided to existing property owners. 11-12 I Deschutes County Comprehensive Plan ed Cr eities and Sunriver Water Facility Policies Policy 11.18.1. Water service shall continue to be provided by the Sunriver Utilities Company. Sunriver Sewer Facility Policies Policy 11.19.1. Sewer service shall continue to be provided by the Sunriver Utilities Company. Sunriver Transportation System Maintenance Policies Policy 11.20.1. Privately -maintained roads within the Sunriver Urban Unincorporated Community boundary shall continue to be maintained by the Sunriver Owners Association. Policy 11.20.2. The bicycle/pedestrian path system in Sunriver shall continue to be maintained by the Sunriver Owners Association or as otherwise provided by a maintenance agreement. Policy 11.20.3. The County will encourage the future expansion of bicycle/pedestrian paths within the Sunriver Urban Unincorporated Community boundary in an effort to provide an alternative to vehicular travel. Policy 11.20.4. All public roads maintained by the County shall continue to be maintained by the County. Improvements to County maintained public roads shall occur as described the County Transportation System Plan. 11-13 I Deschutes County Comprehensive Plan Natural Resources Opportunities, Challenges, and Considerations Natural resources in Deschutes County are abundant. Wildlife, scenic views of forests and peaks, and open spaces to preserve habitat and native vegetation are among the County's top assets. Oregon Statewide Planning Goal 5 governs Natural Resources, Scenic and Historic Areas, and Open Spaces. Through this goal, the County maintains inventories and regulatory protections to preserve these many resources. These regulations are created by weighing Economic, Social, Environmental, and Energy (ESEE) consequences associated with protection of a resources. Topics covered in this chapter include: • Protected Wildlife Resources • Open Space and Scenic Views • Water Resources PROTECTED WILDLIFE RESOURCES Deschutes County has some of the broadest and most robust wildlife protections in the state, covering a variety of species. The County has development protections within and surrounding numerous wildlife habitats. Some of these habitats have mapped geographic boundaries such as Deer Winter Range, Deer Migration Range, Antelope Habitat, Golden Eagle - Sensitive Bird Habitat, and Elk Habitat. Other species are commonly found in protected riparian areas, such as wetlands and floodplains. Deschutes County contains general habitats for fish, fur -bearing animals, waterfowl, and upland game birds. A continued challenge to wildlife resources is rural development and impacts on habitat. Mule deer are seeing steady declines, approximately 10% each year per Oregon Department of Fish and Wildlife biologists. These declines in population are due to a variety of factors, including but not limited to Toss of habitat, predation, and disease. SCENIC VIEWS AND OPEN SPACE The 2010 Greenprint for Deschutes County listed protection of scenic viewsheds as one of the top five community priorities for conservation in the rural County, and the protection of open space has been one of the key topics of discussion during the most recent update of this Comprehensive Plan. The County has several designated scenic corridors, including several scenic bikeways, highways, and wild and scenic river sections. With close to 80% of the County under public ownership, many community members enjoy access to natural resources on public lands. A perennial issue among community members is 5-2 1 Deschutes County Comprehensive Plan eta tur sou r :n preserving scenic views and open spaces closer to home on undeveloped private properties. WATER RESOURCES The high desert climate of Central Oregon poses many challenges with water supply and allocation. A 2021 report by the Oregon Department of Water Resources found that groundwater levels through Deschutes County are declining, by as much as 50 feet of total decline in the central part of the basin. This decline is considered "excessively declined" per state statute and is attributed toward a shift in overall drier conditions since the late 1990s, a warming trend in the basin, and decreased snowpack. To address these issues, irrigation districts and other entities are engaged in ongoing efforts to pipe canals and modernize irrigation systems to increase their efficiency. Due to water transmission losses in irrigation canals from seepage into groundwater and evaporation, piped canals typically require only half the amount of water to be diverted from the river or stream to deliver the same volume of water to the end user compared to open canals. Community members have expressed concern that piping canals contribute to aquifer declines. Deschutes County plays a coordination role along with the Oregon Department of Water Resources, irrigation districts, water users, and owners of private wells to address these water resource issues. Context Protected Wildlife Resources Wildlife diversity is a major attraction of Deschutes County. The key to protecting wildlife is protecting the habitats each species needs for food, water, shelter, and reproduction. Also important is retaining or enhancing connectivity between habitats to protect migration routes and avoid isolated populations. Statewide Planning Goal 5 Oregon land use planning protects wildlife with Statewide Planning Goal 5 and the associated Oregon Administrative Rule (OAR) 660-023. Goal 5 includes a list of resources which each local government must inventory, including wildlife habitat. The Goal 5 process requires local governments to inventory wildlife habitat and determine which items on the inventory are significant. For sites identified as significant, an Economic, Social, Environmental and Energy (ESEE) analysis is required. The analysis leads to one of three choices: preserve the resource, allow proposed uses that conflict with the resource or strike a balance between the resource and the conflicting uses. A program must be`. provided to protect the resources as determined by the ESEE analysis. Appendix A of the Comprehensive Plan contains the full ESEE ordinances for the County's protected Goal 5 resources. 5-3 l Deschutes County Comprehensive Plan In considering wildlife habitat, counties rely on the expertise of the Oregon Department of Fish and Wildlife (ODFW) and U.S. Fish and Wildlife Service (USFWS). Those agencies provide information for the required wildlife inventory and recommendations on how to protect wildlife habitat on private lands. A summary of Deschutes County's wildlife protection programs follows: MULE DEER Migration corridors and winter range are essential habitats needed to support mule deer in Deschutes County. The Bend/La Pine migration corridor is approximately 56 miles long and 3 to 4 miles wide and parallels the Deschutes and Little Deschutes Rivers. The corridor is used by deer migrating from summer range in the forest along the east slope of the Cascades to the North Paulina deer winter range. Deschutes County adopted a "Deer Migration Priority Area" based on a 1999 ODFW map submitted to the South County Regional Problem Solving Group. This specific sub -area is precluded from destination resorts. From 2021-2023, Deschutes County explored an update to the county's mule deer inventory, which included extensive community participation including through the public record Ultimately, the decision was made not to update. A snapshot of Deschutes County's wildlife protection program is included below. Extensive information is included in Appendix E, the County's Goal 5 inventory. SENSITIVE BIRDS Nest sites for the bald eagle, osprey, golden eagle, prairie falcon, great grey owl, greater sage -grouse, and great blue heron rookeries are inventoried by the County. The area required for each nest site varies between species. The minimum area required for protection of nest sites has been identified by the ODFW in their management guidelines for protecting colony nesting birds, osprey, eagles, and raptor nests. The USFW works closely with ODFW on eagle - related issues and enforces federal guidelines to ensure protection of bald and golden eagles. ELK The Land and Resource Management Plan for the Deschutes National Forest identifies 6 key elk habitat areas in Deschutes County. The ODFW also recognizes these areas as critical elk habitat for calving, winter or summer range. The following areas are mapped on the Big Game Habitat Area map and in the Deschutes National Forest Land and Resource Management Plan: • Tumalo Mountain • Kiwa • Ryan • Crane Prairie • Fall River • Clover Meadow ANTELOPE The Bend and Ochoco District offices of the ODFW provided maps of the antelope range and winter range. The available information is adequate to indicate that the resource is significant. The antelope habitat is mapped on Deschutes County's Big Game Habitat -Wildlife Area Combining Zone Map. 5-4 I Deschutes County Comprehensive Plan NatUlc Scenic Views and Open Space Deschutes County has a rich abundance of open space. Open spaces are generally undeveloped areas that are being maintained for some other purpose, such as farms, parks, forests, or wildlife habitat. Besides the value that stems from the primary use of the land, open spaces provide aesthetically pleasing undeveloped landscapes. Because these areas are undeveloped, they also provide additional benefits such as water recharge, buffers from habitat, and safety zones from natural hazards such as flooding. Open spaces and scenic views are an important draw for visitors and are often mentioned as important to the area's quality of life. The backdrop of the Cascade Mountains, with its vast forest and sagebrush landscapes and riparian and wetland habitats, all provide an inspirational setting for visitors and residents alike. Statewide Planning Goal 5 recommends, but does not require, creating an inventory and protections for open spaces, scenic views and sites. Oregon Administrative Rule (OAR) 660-023 defines open space designations as parks, forests, wildlife preserves, nature sanctuaries, and golf courses. Open spaces are protected through an Open Space and Conservation map designation and zoning district. Scenic view protection is implemented through the Landscape Management Combining Zone regulations. Water Resources Deschutes County's Role in Water Management is described below. REGULATORY AGENCIES The primary state regulator of water availability is the Oregon Water Resources Department (OWRD). The Oregon Department of Environmental Quality (DEQ) leads the monitoring and enforcement of water quality standards. The Oregon DEQ is required to comply with the Federal Environmental Protection Agency. Numerous sections of the Deschutes River in Deschutes County hold a special status as a federal wild and scenic river, as well as a state scenic waterway. These areas carry additional regulations through the 1996 Upper Deschutes Wild and Scenic River and State Scenic Waterway Comprehensive Plan, requiring additional agency coordination with the Oregon Parks and Recreation Department and the US Forest Service on development impacting these sections. STATEWIDE PLANNING GOALS There are two Statewide Planning Goals relating to the protection of water resources. Goal 5 (Natural Resources, Scenic and Historic Areas, and Open Spaces) requires an inventory and protection of the following water resources. In Deschutes County, these inventories have been completed and acknowledged by the Land Conservation and Development Commission (See Appendix A for Goal 5 Inventories). Goal 6 (Air, Land, and Water Resources Quality) requires comprehensive plans to be consistent with state and federal pollution regulations. Accordingly, it is imperative that local land use policies align with Federal and State laws governing the community's water resources. 5-5 I Deschutes County Comprehensive Plan Pdaturad The policies in this section relating to water provide the framework for evaluating land use actions and define the responsibility of the County to work in partnership with cities, agencies, non -profits and others to achieve efficient use of water resources and effective management of water quality in the Upper Deschutes Basin. It is important to underscore that the primary water resource management process occurs outside of the state land use planning system. Oregon land use and water management are not integrated; there are no overarching administrative rules that consider statewide water management in conjunction with land use planning. WATER USE The Deschutes aquifer has a recharge rate of roughly 3 million acre feet per year. The current water usage comes to roughly 720 thousand acre feet per year. Roughly 40 to 50 thousand acre feet of that water goes toward municipal and non-agricultural use, while the remaining goes toward crop and pasture irrigation. The majority of that municipal water use goes towards outdoor watering (gardens, sports fields, etc.). As an example: the City of Bend uses 5 times as much water in the summer as in the winter. SNOWPACK Although there is expected to be a slight increase in winter precipitation by the middle of the century, snowpack is expected to decline throughout the Cascades. The decline in snowpack (which has already been observed, see figure below)' is due largely to increasing temperatures causing some precipitation to fall as rain rather than snow. This has the double effect of decreasing snowfall and melting the previously fallen snow. At the Mt Bachelor Ski Resort, April snowpack is expected to decline between 11% and 18% by the middle of the 1 Adapted from Mote, P.W., Li, S., Lettenmaier, D.P. et al. Dramatic declines in snowpack in the western US. npj Clim Atmos Sci 1, 2 (2018). https://doi.org/10.1038/s41612-018-0012-1 century and between 18% and 43% by the end of the century. LAVA SPONGE Deschutes county is fortunate to be underlain on the Western side by relatively young volcanic lava sponge. This sponge is highly porous and is able to absorb large quantities of water during the wet season and gradually release it via abundant springs along the eastern slope. The great advantage this provides is that the resulting summer flows into the Deschutes basin are not as dependent on overground flow of snowmelt, and therefore are expected to maintain a relatively stable water supply even as snowpack decreases into the next century. GROUNDWATER The groundwater aquifer is roughly 1000 feet thick and is replenished yearly by the Cascades' precipitation. Recent years of "exceptional drought" have lowered the aquifer level by roughly 30 feet, resulting in a small percentage of wells running dry, and raising concerns about available groundwater for new developments. Although it is likely that some wells will need to be deepened to cope with increasing temperatures and drought frequency, there is likely to remain ample sustainable groundwater supply. Average Snowpack near Mt. Bachelor Base Village on April 1 5-6 I Deschutes County Comprehensive Plan Because the groundwater in the Deschutes Basin is directly connected to the flow of the Deschutes River, all additional groundwater use must be mitigated by decreased use of groundwater elsewhere through the Oregon Water Resources Department's Deschutes Groundwater Mitigation program. This can include retiring of other water rights, or the release of water into the waterway. A mitigation permit must be obtained before a new groundwater right can be accessed. 2 Generally, groundwater quality in Deschutes County is generally classified as being 'good,' providing high quality drinking water to most of its residents. However, several productive aquifers lie in shallow alluvial sediments that are vulnerable to contamination from human activities and development. The Department of Environmental Quality (DEQ) Laboratory and Water Quality Divisions' Groundwater Quality Report for the Deschutes Basin (March 2006) identifies areas of concern for groundwater contamination based on various sources of data and groundwater quality studies. Based on collected data, development patterns and the geology of the underlying aquifer, the report makes recommendations for a couple of areas in the County. The report notes the groundwater aquifer in the Redmond area is vulnerable to contamination from human activities and recommends further study by the DEQ. The La Pine aquifer in the southern portion of the county from the Sunriver area to the Klamath County line between Newberry Caldera and the Cascades is an area of particular concern because of data collected through several studies and the high level of development in the area. The report also identifies underground injection systems that could contaminate the aquifer with pollutants from stormwater drywells or sewage drillholes. In South Deschutes County, the concern for groundwater quality arises from nitrate 2 Information from the Oregon Water Resources Board Mitigation Program. Deschutes Basin Hydrogeology The Deschutes River Basin, from its headwaters to the Columbia River, encompasses 10,400 square miles of the north central part of the State. Nearly 91% of Deschutes County lies within the Deschutes Basin, The upper Deschutes River Basin is characterized by recent volcanic activity and strong and rapid groundwater flows. The geologic conditions lead to a strong connection between surface and ground water (see also Section 3.10). Groundwater flows eastward from the Cascade Range through permeable volcanic rocks out into the basin and then generally northward. Groundwater recharge comes from precipitation in the Cascade Range, inter -basin flow and leaking irrigation canals. No long-term water -level declines attributable to groundwater pumping were found in the upper Deschutes Basin. Approximately one-half of the ground water flowing from the Cascade Range discharges to spring -fed streams along the margins of the range. The remaining groundwater flows through the subsurface, and eventually discharges to streams near the confluence of the Deschutes, Crooked, and Metolius Rivers. The large amount of groundwater discharge in the confluence area is primarily caused by geologic factors. The Deschutes River flows north through permeable rock until it hits a region of low -permeable rock near the confluence area. There the permeable rock strata terminates, forcing water to the surface. Virtually all of the regional groundwater in the upper Deschutes Basin discharges to streams south of the area where the Deschutes River enters this low- permeability terrain, at roughly the location of Pelton Dam. 5-7 I Deschutes County Comprehensive Plan contamination associated with on -site wastewater treatment (septic) systems discharging to the shallow unconfined aquifer. The issue is small lots with highly permeable rapidly draining soils and a high groundwater table with relatively cold water temperatures. Combined with the fact that the majority of Tots are served by on -site wastewater treatment systems and individual wells, concern arose that nitrates from the septic systems could contaminate local wells and the river system. Considerable work has gone into studying the groundwater in South County. In 1999 Deschutes County and the Department of Environmental Quality (DEQ) identified the need for a better understanding of the processes that affect the movement and chemistry of nitrogen in the aquifer underlying the La Pine area. In response, the U.S. Geological Service (USGS), in cooperation with Deschutes County and DEQ, began a study to examine the hydrologic and chemical processes that affect the movement and chemical transformation of nitrogen within the aquifer. A primary objective was to provide tools for evaluating the effects of existing and future residential development on water quality and to develop strategies for managing groundwater quality. Field research from the USGS study shows that in a 250-square-mile study area near La Pine the groundwater underlying the La Pine sub -basin is highly vulnerable and being polluted by continued reliance on traditional onsite systems. Environmental impacts from residential development include higher nitrate concentrations in groundwater that is tapped for domestic water supply and discharges to rivers. Nitrates are regulated by the federal Environmental Protection Agency and DEQ as a human health concern. Vulnerability of the shallow aquifer to contamination led to concern that wastewater from septic systems poses a threat to the primary drinking water supply and local river systems. The Upper Deschutes and Little Deschutes Sub -basins have abundant, natural sources of phosphorus from volcanic soils and rocks so the rivers are naturally nitrogen limited. Nitrogen -limited rivers are sensitive to low concentrations of available nitrogen until some other component becomes limiting, and that may lead to ecological impacts. In 2008 the County used the research on nitrates to adopt a 'local rule' that required South County residents to convert their septic systems over a period of 14 years to alternative sewage system technology designed to reduce nitrates. New septic systems were also required to use alternative technologies. The County created a process to assist residents in funding the conversions. Many South County residents expressed concern over the costs involved with converting their septic systems and disputed the science behind the rule. Placed on the ballet by petition, the local rule was rescinded by voters in March 2009. As of 2010 the DEQ is leading the effort to address nitrates in South County, with the full cooperation of the County. One solution being considered is creating a sewer system or extending Sunriver's to serve some of the nearby areas. Sewer systems are tightly restricted on rural lands by Statewide Planning Goal 11 and OAR 660-11, so the Department of Land Conservation and Development is also involved in these efforts. RESERVOIRS The majority of the irrigation in Deschutes County comes from reservoirs. These reservoirs are primarily spring fed from the Cascades. Reservoirs serve the dual purpose of supplying water for irrigation and ensuring sufficient streamflow in the lower Deschutes River. Regional droughts in recent years have resulted in lower water levels in these reservoirs. 5-8 I Deschutes County Comprehensive Plan Y isz 0a a rC ALGAL BLOOMS Algal blooms have been a problem for recreational lakes in the cascade mountains in recent years. Since 2007, the Wickiup Reservoir, Crane Prairie Reservoir, and Paulina Lake have experienced algal or bacteria blooms that required a health advisory.3 Although not all algal blooms are toxic, they interfere with recreation and aesthetic enjoyment. In general, algal blooms are caused by elevated nutrients, elevated temperature, and still water. Algal blooms in other parts of the state have led to drinking water concerns, but Deschutes County cities are supplied by groundwater and so the risk in algal blooms is mainly to recreation. 3 https://www.Oregon.gov/oha/PH/HEALTHYENVIRONMENTS/ RECREATION/HARM FU LALGAEBLOOMS/Pages/archive.aspx Key Community Considerations Natural resources for recreation, passive enjoyment, habitat protection, and economic production are a fundamental part of life in Deschutes County, and as such were a key part of the community conversation in this Comprehensive Plan update. Highlights of this conversation include: • Concern about the ability of the County's water supply to accommodate more residents, visitors, and water -intensive jobs in the future • Interest in a re-evaluation of water rights for urban, agricultural, and "hobby farm" uses. • A robust discussion around wildlife inventories, habitat conservation, open space regulations, and impacts on private property owners. The topic of habitat conservation and water availability came up frequently, with most participants saying that further protections are needed. However, there was also recognition of the burden these protections may put on property owners. Deschutes County does not have the authority or expertise to reevaluate water rights as part of its land use planning efforts, leading the County to instead work with the Oregon Department of Water Resources, irrigation districts, and holders of water rights to increase the efficiency of water distribution throughout the community. 5-9 I Deschutes County Comprehensive Plan Goals and Policies Water Goals and Policies Goal 5.1: Support regional, comprehensive water management solutions that balance the diverse needs of water users and recognize Oregon water law. Policy 5.1.1. Participate in Statewide and regional water planning including, but not limited to: a. Work cooperatively with appropriate federal, state, tribal and local agency resource managers, such as The Confederated Tribes of the Warm Springs Reservation of Oregon, the Oregon Water Resources Department (OWRD), irrigation districts, and other stakeholders and nonprofit water organizations, such as the Deschutes Basin Water Collaborative, the County Soil and Water Conservation District; b. Support the development and implementation of Upper Deschutes Basin Study, Habitat Conservation Plan, and Biological Opinion from National Marine Fisheries Service for the middle and lower Deschutes Rivers. Policy 5.1.2. Support grants for water system infrastructure improvements, upgrades, or expansions. Policy 5.1.3. Develop better understanding of The Confederated Tribes of the Warm Springs Reservation of Oregon's treaty - protected rights to co -manage the water resources of the Deschutes Basin. Policy 5.1.4. 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. Natural Resources Goal 5.2: Increase water conservation efforts. Policy 5.2.1. Support efficient water use through targeted conservation, educational and, as needed, regulatory or incentive programs. a. Encourage new development incorporates efficient water use practices for all water uses. b. Encourage the reuse of grey water for landscaping. c. Encourage and educate the community about the relative impacts of thinning or reduction of plant species that adversely impact forest health, water availability, and soil quality. d. Encourage and educate the community about on -farm efficiency measures, including upgrades to equipment. e. Encourage and educate the community about use of voluntary metering of water use to monitor seasonal impacts on water use. f. Provide access to educational materials and tools related to water conservation including publications, information about grant opportunities, and/or partner with organizations on educational events. Encourage and educate community members on stewardship of wetlands and waterways. h. Provide access to educational materials about water -wise gardening and xeriscaping. Policy 5.2.2. Promote coordinated regional water conservation efforts and implementation by regional, tribal, and local organizations and agencies, including increasing public awareness of and implementing water conservation tools, incentives, and best practices. g• 5-10 1 Deschutes County Comprehensive Plan Policy 5.2.3. Support conservation efforts by irrigation districts, property owners and other water users, including programs to provide incentives for water conservation, such as piping of canals and laterals, water banking, exchanges of water rights, voluntary transfers of in -stream flows, onsite efficiency measures, and other means. Goal 5.3: Maintain and enhance a healthy ecosystem in the Deschutes River Basin. Policy 5.3.1. Notify the Oregon Department of State Lands, The Confederated Tribes of the Warm Springs Reservation of Oregon, and other state and federal agencies as appropriate -of any development applications for land within a wetland identified on the statewide wetland inventory maps. Policy 5.3.2. Work with The Confederated Tribes of Warm Springs Reservation of Oregon and other federal, state, and local agency resource managers to restore, maintain and/or enhance healthy river and riparian ecosystems and wetlands, including the following: a. Cooperate to improve surface waters, especially those designated water quality impaired under the federal Clean Water Act; b. Support research on methods to restore, maintain and enhance river and riparian ecosystems and wetlands; c. Support restoration efforts for river and riparian ecosystems and wetlands; d. Inventory and consider protections for cold water springs; e. Evaluate waterways in coordination with OPRD for possible designation under the Scenic Waterways program; f. In collaboration with appropriate federal, state, tribal and local agency resource managers stakeholders, map channel migration zones and identify effective protections; g. Develop comprehensive riparian management or mitigation practices that enhance ecosystems, such as criteria for removal of vegetation that adversely impacts water availability and soil health. Policy 5.3.3. Support studies of the Deschutes River ecosystem and incorporate strategies from current watershed studies that provide new scientific information and indigenous knowledge about the Deschutes River ecosystem. Policy 5.3.4. Support educational efforts and identify areas where the County could provide information on the Deschutes River ecosystem, including rivers, riparian areas, floodplains and wetlands. a. Support efforts to educate property owners to understand regulations pertaining to rivers, riparian areas, floodplains and wetlands. Policy 5.3.5. Revisit recommendations of 1996 Upper Deschutes Wild and Scenic River and State Scenic Waterway Comprehensive Plan, or its successor, and consider implementation of voluntary recommendations into the county code Goal 5.4: Maintain and enhance fish and riparian -dependent wildlife habitat. Policy 5.4.1. Coordinate with The Confederated Tribes of Warm Springs Reservation of Oregon and other federal, state, and local agency resource managers and stakeholders to protect and enhance fish and wildlife habitat in river and riparian habitats and wetlands. 5-11 I Deschutes County Comprehensive Plan Policy 5.4.2. Promote healthy fish populations through incentives and education. Policy 5.4.3. Support healthy native salmonid fish populations through coordination with stakeholders, including, but not limited to, The Confederated Tribes of the Warm Springs Reservation of Oregon and other federal, state, and local agency resource managers who provide fish habitat management and restoration. a. Review, and apply where appropriate, strategies for protecting fish and fish habitat for native salmonid species. b. Promote native salmonid species recovery through voluntary incentives and encouraging appropriate species management and associated habitat conservation and restoration. Policy 5.4.4. Update and implement policies to support federally approved Habitat Conservation Plans for species listed under the Endangered Species Act a. Spawning and rearing areas for salmonid species should be considered significant habitat and should be protected in rivers and streams. b. Cooperate with covered parties in restoring or enhancing spawning and rearing areas for salmonid species, where feasible. c. Support efforts to address riparian restoration associated with streamflow management under approved plans. Policy 5.4.5. Use a combination of incentives and/or regulations to avoid, minimize, and mitigate development impacts on river and riparian ecosystems and wetlands. Policy 5.4.6. Support plans, cooperative agreements, education, water quality monitoring and other tools that protect watersheds, reduce erosion and runoff, enhance riparian vegetation, and protect other natural or engineered water systems/ processes that filter and/or clean water and improve and/or and preserve water quality. Policy 5.4.7. Coordinate with the Oregon Department of Environmental Quality and other stakeholders on regional water quality maintenance and improvement efforts such as identifying and abating point (single - source) and non -point (unidentified or multiple -source) pollution or developing and implementing Total Maximum Daily Load and Water Quality Management Plans. Policy 5.4.8. Coordinate with The Confederated Tribes of Warm Springs Reservation of Oregon and other federal, state, and local agency resource managers to address water -related public health issues. a. Support amendments to State regulations to permit centralized sewer systems in areas with high levels of existing or potential development or identified water quality concerns. b. If a public health hazard is declared in rural Deschutes County, expedite actions such as legislative amendments allowing sewers or similar infrastructure. Policy 5.4.9. Continue to evaluate and/or implement regulations, such as a wellhead protection ordinance for public water systems, in accordance with applicable Federal and/or State requirements. Policy 5.4.10. Coordinate and work with the Oregon Department of Agriculture, agricultural uses, and available voluntary programs to support and implement proven new technologies and best practices to maintain and enhance water quality, 5-12 I Deschutes County Comprehensive Plan such as minimizing nitrate contamination, maintaining streamside vegetation, reducing streambank soil erosion and runoff, reducing fish passage barriers, managing return flows, limiting livestock access to riparian areas, and minimizing weeds and bare patches in grazing areas. Policy 5.4.11. Support regulations, education programs, and cleaning procedures at public and private boat landings. Goal 5.5: Coordinate land use and water policies to address management and allocation of water in Deschutes County. Policy 5.5.1. Coordinate with other affected agencies when a land use or development application may impact rivers or riparian ecosystems or wetlands. Policy 5.5.2. Regulate land use patterns and promote best practices to preserve the integrity of the natural hydrologic system, recognize the relationship between ground and surface water, recognize basin -wide impacts, and address water impacts of new land uses and developments, including water -intensive uses. Policy 5.5.3. Support OWRD's efforts to update and modernize Oregon's groundwater allocation rules and policies to protect existing surface water and groundwater users and to maintain sustainable groundwater resources. Policy 5.5.4. Support efforts by the OWRD in collaboration with Central Oregon Cities Organization, The Confederated Tribes of the Warm Springs Reservation of Oregon, and non -governmental organizations to revisit the Deschutes Basin Groundwater Mitigation Program. Policy 5.5.5. Coordinate with the irrigation districts to ensure -Irrigated land partitions and lot line adjustments are not approved without notice to the affected district. Policy 5.5.6. Utilize Central Oregon Stormwater Manual to apply appropriate stormwater management practices land use. - decisions. Policy 5.5.7. Allow for development of wastewater facilities and improvements where needed or required to address water quality issues and maintain water quality, consistent with state and local wastewater system requirements. Open Space and Scenic Views Goals & Policies Goal 5.6: Coordinate with property owners to protect open spaces, scenic views, and scenic areas and corridors through a combination of incentives and/or educational programs. Policy 5.6.1. Work with stakeholders to create and maintain a system of connected open spaces while balancing private property rights with community benefits. Policy 5.6.2. Work to maintain the visual character and rural appearance of open spaces such as the area along Highway 97 that separates the communities of Bend and Redmond or lands that are visually prominent. - Policy 5.6.3. Work to maintain and protect the visual character and rural appearance of visually prominent open spaces within the County, particularly those that are identified in the Goal 5 inventory. Policy 5.6.4. Seek to protect the cultural identity of rural communities, such as the Highway 97 area/corridor between Bend and Redmond, and others. 5-13 I Deschutes County Comprehensive Plan "r ( es Policy 5.6.5. Protect significant open spaces, scenic views, and scenic sites by encouraging new development to be sensitive to these resources. Policy 5.6.6. Incentivize the placement of structures in a way that is sensitive of view corridors to maintain the visual character of the area. Wildlife Goals and Policies Goal 5.7:Maintain and enhance a diversity of wildlife and habitats. Policy 5.7.1. Promote stewardship of wildlife habitats through incentives, public education, and development regulations. Policy 5.7.2. Ensure Goal 5 wildlife inventories and habitat protection programs are up-to-date through public processes, expert sources, and current or recently adopted plans and studies. Policy 5.7.3. Provide incentives for new development to be compatible with and to enhance wildlife habitat. Policy 5.7.4. Require, incentivize, or encourage clustering of development in inventoried wildlife areas to reduce impacts to wildlife populations. Policy 5.7.5.Develop better understanding of The Confederated Tribes of the Warm Springs Reservation of Oregon's treaty - protected rights to co -manage the wildlife resources of the Deschutes Basin. Goal 5.8: Balance protection of wildlife and habitat with the economic and recreational benefits of wildlife and habitat. Policy 5.8.1. Encourage responsible and sustainable wildlife related tourism and recreation. Policy 5.8.2. Coordinate with stakeholders to ensure access to appropriate recreational opportunities within significant wildlife and riparian habitat through public or non-profit ownership. Policy 5.8.3.Coordinate with Confederated Tribes of the Warm Springs Reservation of Oregon and State agencies to develop strategies to support sound wildlife management science and principals for the benefit of the wildlife resource. Goal 5.9: Comply with federal and state regulations related to sensitive, threatened, and endangered species, including the Endangered Species Act, the Bald and Golden Eagle Protection Act, the Migratory Bird Treaty Act, and others as applicable. Policy 5.9.1. Coordinate with Federal and State agencies to develop strategies to protect Federal or State Threatened or Endangered Species, or Species of Concern. Policy 5.9.2. Mitigate conflicts between large- scale development and sage grouse habitat. Policy 5.9.3. Consider adopting recommendations from Oregon Department of Fish and Wildlife, the Confederated Tribes of the Warm Springs Reservation of Oregon, and the Deschutes River Mitigation and Enhancement Program in dock construction. Environmental Quality Goals and Policies Goal 5.10: Maintain and improve upon the quality of air and land in Deschutes County. Policy 5.10.1. Use building techniques, materials, and technologies in existing and future County operations and capital facilities that help maintain and improve environmental quality. 5-14 i Deschutes County Comprehensive Plan Policy 5.10.2. Implement a dark skies educational and or incentive program and periodically update the Dark Skies ordinance to reduce the impacts of light pollution and reduce lighting impacts on adjacent properties. Policy 5.10.3. Coordinate with agency partners to educate residents about controlled burning projects and air quality concerns. Policy 5.10.4. Use public education, education for County departments, and regulations to control noxious weeds and invasive species. Goal 5.11: Promote sustainable building practices that minimize the impacts of development on the natural environment. Policy 5.11.1. Use the County Code and educational materials to promote the use of resource -efficient building and landscaping techniques, materials, and technologies that minimize impacts to environmental quality. Policy 5.11.2. Encourage and support reuse and recycling of consumer goods, green waste, construction waste, hazardous waste, and e-waste through education and enhanced recycling opportunities through the Recycling Program. Policy 5.11.3. Support the process for siting new County solid waste management facilities in rural Deschutes County, consistent with facility needs and County standards for the location and approval of such facilities. Policy 5.11.4. Implement best practices in solid waste management throughout the County. Policy 5.11.5. Develop and implement a Climate Action Plan to address the potential future impacts of climate change on Deschutes County through incentives and/or regulations. Policy 5.11.6. Promote and incentivize green infrastructure in new development to improve stormwater management. 5-15 I Deschutes County Comprehensive Plan TY DEVELOPMENT Attachment A "Parking Lot" 0- 0 VV; V (1) r6 C (la Q bA C (I) O E c -c C, C a) -o X C O C a) _0 0 O v c H as Action Item Ch. 2 - Land Use Revise code to have clear and objective standards for 0 vs 0 c O u O 4- -0 a.) 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Destination 0 V) 4-, C V) 47 C 0 C ' - 0 E cu> c0 ..4_,- = 1- c Li 4-, 0..4-) C- (0 4-, _c 0CD VI -I--, -o 0 (1) -C) 0 v) *- 4, C 0 fa 4-, 0_ a) (15 ro E LE- E 4_, - ,,, 0 CL >, •-,, 0 V) --, C) !4-•• _ CD L_ E (7) 0 cI3 c (0 a j> v) (T3 (1) (...) u E -0 ,._ Brenda Fritsvold From: Sent: To: Subject: Attachments: Craig Letz <craig@tamarackwildfire.com> Monday, August 5, 2024 9:36 AM Board Draft Oregon Statewide Wildfire Hazard Map Oregon Statewide Wildfire Hazard Map Comments.docx You don't often get email from craig@tamarackwildfire.com. Learn why this is important [EXTERNAL EMAIL] Commissioners, We have been receiving a tot of questions regarding our thoughts on the map from our clients across central Oregon. We shared the attached letter with them and we wanted to share our thoughts with you as welt. We are sharing a similar version of this letter with the Oregon Department of Forestry. To be clear, we strongly support the adoption of defensible space and fire -hardening building codes, we just don't feel that the Hazard Map is the right tool to determine where it is applied. Please feet free to contact me if you would like to discuss further. -Craig Craig Letz Tamarack Wildfire Consulting craig@tamarackwildfire.com www.tamarackwildfire.com 541.480.3356 1 TAMARACK -WILDFIRE" CONSULTING-. Letter Addressing Draft Oregon Statewide Wildfire Hazard Map This letter is in response to the updated Draft Oregon Statewide Wildfire Hazard Map released July 2024. The map and associated policies are, in our professional opinion, flawed and have the potential to preclude communities and local governments from effectively adopting and enforcing building and landscaping codes that will protect millions of Oregonians from wildfire. The Map is designed to be used to designate where codes can and can't be employed. In conjunction with the creation of the Hazard Map, a Draft Wildland Urban Interface (WUI) Map was also created. This map focuses on designating areas where wildland vegetation intersects with homes and other infrastructure rather than trying to categorize a level of potential hazard. Ultimately, the WUI Map would be a much more effective tool to help guide policies, enact code, and keep Oregonians safe from wildfire. The Hazard Map The Hazard Map is not an accurate depiction of where the threat of destructive wildfires truly lies in Oregon. It was created using broad scale, limited data sets of treatments and fire history at the point in time the models were run. It uses standardized wildfire metrics like Burn Probability, Fire Intensity, and Susceptibility to model wildfire risk at the lot level across the state. However, it does not include fuels treatment data (i.e. thinning, mowing, and/or burning) at the lot level. Nevertheless, it still attempts to quantify fire hazard at the micro level. For example, the newer Tree Farm and Westgate subdivisions on the west side of Bend have rigorous fire mitigation language in their design guidelines requiring home hardening and defensible space measures, yet both neighborhoods are classified on the Map as "high" hazard areas. Other older subdivisions on the west side of Bend with no fire mitigation requirements, such as Deschutes River Woods, are classified as moderate. Any fire professional familiar with these neighborhoods would find these designations wildly inaccurate. The Map also appears to disregard the following critical points: • The Insurance Institute for Business & Home Safety stated, "during wildfires, as many as 90% of homes and buildings damaged or destroyed were first ignited by embers or other fires set by embers, and not the main wildland fire front." Embers have been regularly reported traveling 1.5 to 5 miles ahead of the main fire. Once a home ignites, structure - to -structure ignition occurs (structures include houses, sheds, wooden fences, garages, etc.). Since the Hazard Map repeatedly classifies adjacent properties in different risk categories, we can assume the range of ember travel was not included. • The models used do not reflect the fire behavior of homes as a fuel type. Houses and ancillary structures in the WUI commonly are built with wood and can contain extremely flammable elements like propane tanks, ammunition, and fuel containers, and can accelerate the spread of some fires. Tamarack Wildfire Consulting 1497 E. Tyee Dr., Sisters, OR 97759 1541.480.3356 1 TAMARACK - WILDFIRE CONSULTING - • Vegetation is constantly changing. Grass, brush, and trees are dynamic elements on the landscape and grow, die, and are planted by property owners. Treatments to reduce hazardous fuels are therefore not effective indefinitely. In Central Oregon, vegetation treatments could lose their effectiveness in as little as 5 years. Policy The real flaw in this legislation isn't the Hazard Map itself, rather declaring the Map is the guiding tool in deciding where home hardening and defensible space codes can be enacted and enforced. Dividing cities or neighborhoods at the lot level, like the Hazard Map does, makes it extremely difficult for local governments to adopt and enforce codes that only apply to certain parts of a jurisdiction, all the while based on a map that inherently needs to evolve with changing vegetation, climate, and development. Mislabeling communities is also dangerous, primarily because it will create a false sense of security in areas rated "moderate" or "low" and make it extremely difficult to enact safer codes or inspire individual property owners or tenants to participate in improving the safety of their properties. The WUI Map, however, classifies the geographic area where structures and other human development meets or intermingles with wildland or vegetative fuels with a broader brush, better communicating the wildfire danger on a broader and more realistic landscape scale. Conclusion As a state with a recent history of deadly and destructive conflagrations, we are shockingly behind the curve on protecting our growing communities from wildfire. Every year, we witness unprecedented fire behavior and are suffering staggering home, resource, and human losses. The Wildfire Hazard Map, while well-meaning, has become a distraction delaying the application of common sense measures and codes. The WUI Map, however, is the superior tool to help guide the process and should be utilized instead of the Hazard Map. Please share your concerns with the Draft Oregon Statewide Wildfire Hazard Map and associated policies during the public comment period (ending August 18th) with the Oregon Department of Forestry and the office of the Oregon State Fire Marshal at hazardmap@odf.orecgon.bov. Comments should also be shared with your local elected officials (city councilors, county commissioners, and state representatives) and let them know the Hazard Map is fatally flawed and the Draft Wildland Urban Interface Map should be the only map employed moving forward. Tamarack Wildfire Consulting 1 497 E. Tyee Dr., Sisters, OR 97759 1 541.480.3356 2 Eastern Oregon Counties Association Date: July 30, 2024 Invoice: T1-202400015 Payment Due: 30 September 2024 Deschutes County 1300 NW Wall St. Bend, Or 97703 In addition to basic membership, you can opt to support additional interests of the Eastern Oregon Counties Association. Current opportunities include the Blue Mountain Intergovernmental Committee (BIC) and the Eastern Oregon Economic Summit. Basic Membership FY 2023-2024 Blue Mountain Intergovernmental Committee (o tional Eastern Oregon Economic Summit o tional) $ 12,500 COJMMITMENT AMOUNT $ 12,500 $ 5,000 Suggested Contribution $ 1,000 to $ 5,000 TOTAL Please submit check payment along with a copy of this invoice to: UNION COUNTY EOCA 1106 K. Avenue La Grande, OR 97850