Loading...
2024-319-Minutes for Meeting September 25,2024 Recorded 11/7/2024ES BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County Steve Dennison, County Clerk CJ2024-319 Commissioners' Journal 11/07/2024 8:28:13 AM IIIIIIIIIIIIIIIIIIIIIIIIJ,IIIIII FOR RECORDING STAMP ONLY BOCC MEETING MINUTES 9:00 AM WEDNESDAY September 25, 2024 Barnes Sawyer Rooms Live Streamed Video Present were Commissioners Patti Adair, Tony DeBone and Phil Chang. Also present were Acting County Administrator Whitney Hale, Senior Assistant Legal Counsel Kim Riley and BOCC Executive Assistant Brenda Fritsvold. This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal webpage www.deschutes.org/meetings. CALL TO ORDER: Chair Adair called the meeting to order at 9:00 a.m. Commissioner Adair reported that Deschutes County Community Justice Officer Andrea Abramson was selected as the 2024 Juvenile Justice Professional of the Year for the Central and Eastern Oregon region by the Oregon Juvenile Department Directors' Association. PLEDGE OF ALLEGIANCE CITIZEN INPUT: None CONSENT AGENDA: Before the Board was consideration of the Consent Agenda. 1. Approval of Document No. 2024-770, a Notice of Intent to Award a contract for the building and operation of a Secure Residential Treatment Facility 2. Acceptance of Deflection Program grant funding from the Oregon Criminal Justice Commission BOCC MEETING SEPTEMBER 25, 2024 PAGE 1 OF 11 3. Approval of Document No. 2024-739 amending a grant agreement with the Oregon Health Authority PO-44300-00026008-7 4. Approval of Resolution No. 2024-043 recognizing carryover FY24 funds and additional FY25 funding for the Veterans' Services Department 5. Approval of an Interlocal Agreement with the Cities of Bend and Redmond to support a Behavioral Health Specialist position on the Mobile Crisis Team 6. Approval of Document No. 2024-790, a Water Rights Conveyance Agreement with Central Oregon Irrigation District 7. Approval of minutes of the BOCC August 14 and 19, 2024 meetings CHANG: Move approval of the Consent Agenda as presented DEBONE: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried Referring to the contract for a 16-bed secure residential treatment facility in Redmond, Commissioner Adair said the County is receiving $2 million from the Oregon Health Authority for this facility, which has been needed for a long time. Commissioner Chang agreed this facility is much needed and said he is excited to see this partnership with Jackson House moving forward. ACTION ITEMS: 8. Recognition of 20-year service awards: Melinda Campbell, Applications Systems Analyst, and Toby Cundell, Applications Systems Analyst Tania Mahood, IT Director, recognized Applications System Analyst Melinda Campbell for playing a key role in many large projects and consistently providing exceptional support. Shad Campbell, IT Manager, spoke to Application Systems Analyst Toby Cundell's pivotal work on the DIAL program and other technical accomplishments and described him as well -liked and respected. The Commissioners expressed their appreciation for Melinda Campbell's and Toby Cundell's work and dedication over the past 20 years. BOCC MEETING SEPTEMBER 25, 2024 PAGE 2 OF 11 9. Resolution 2024-044 to add 1.00 regular duration FTE within the Health Services department for a Psychiatric Nurse Practitioner Chandra Mola, Behavioral Health Medical Team Program Manager, explained the proposal to reappropriate funding from the contract with Iris Telehealth to create a new full-time, in -person position on the Behavioral Health Medical Team. Previously allocated contract funding of $254,687 would be used for a 1.00 regular FTE Psychiatric Nurse Practitioner position. The Commissioners spoke in support of the proposed change. DEBONE: Move approval of Resolution No. 2024-044 increasing FTE within the 2024-25 Deschutes County Budget CHANG: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 10. Public Hearing and Resolution amending the Deschutes County 2024-2025 Fee Schedule to add new and revised fees in Health Services, Information Technology and Community Development Departments Laura Skundrick, Management Analyst, reviewed proposed changes to the FY 2025 Fee Schedule to raise certain fees in the Community Development and Health Services departments, and add a new Information Technology fee for external jurisdictions which seek assistance with their databases and systems. The public hearing was opened at 9:16 am. There being no one who wished to speak, the public hearing was closed at 9:16 am. Commissioner DeBone said while he is sensitive to the cost of constructing single family homes, the proposed fees appear to be prudent for the current environment. Commissioner Chang agreed that no one wants to raise fees; however, it is important to maintain quality health benefits to recruit and retain staff. Commissioner Adair concurred that it is unfortunate that the County has been put in the position of raising fees, but Inflation has resulted in increased costs. CHANG: Move approval of Resolution No. 2024-045 amending the Deschutes BOCC MEETING SEPTEMBER 25, 2024 PAGE 3 OF 11 County 2024-2025 Fee Schedule DEBONE: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried A break was announced at 9:20 am. The meeting resumed at 9:23 am. 11. Public Hearing: Highway 97 Mini -Storage Text Amendment Nicole Mardell described the application to allow mini -storage as a conditional use on certain MUA-10 properties adjacent to U.S. Highway 97, noting this is separate from and not related to a different application to allow mini -storage along Highway 20. Mardell said the proposal is to add mini -storage as a conditional use in the MUA-10 zone along Highway 97, if certain criteria are met: • The property is between 10 and 30 acres in size (note: multiple contiguous parcels may be considered in the aggregate); • The property is adjacent to State Highway 97; • The property is within 2,500 feet of an urban growth boundary (UGB); and • The property is not within an urban reserve area. Mardell said the number of potentially eligible properties is 37 if this change is approved. The public hearing was opened at 9:27 am. Mardell summarized the comments received thus far on this proposal and said the Planning Commission voted 4 - 0 to recommend approval of the proposed amendments. In response to Commissioner Adair, Mardell said three projects approved prior to a past Code change which disallowed mini -storages in the Rural Service Center District have been grandfathered in as non -conforming uses. Aaron Lafky said he owns properties on the west side of Hwy 97 which in past years were considered rural. Due to the expansion of the highway and the development of various commercial uses in the area, these properties have lost their rural character. He explained his desire to use his property in an economically viable way while also securing it against trespassers. Commissioner Chang expressed support for allowing cities to determine the future urbanization of areas near their city limits. Noting that the property under BOCC MEETING SEPTEMBER 25, 2024 PAGE 4 OF 11 discussion is zoned Multiple Use Agricultural, he said if the property owner is arguing that the character of this particular area has changed and is not farmland, a rezone could be pursued. Lafky responded that he is merely proposing to add a conditional use to the MUA zone which is not so different from others that already exist. Ken Katzaroff, representing the applicant, said the MUA Zone is not an agricultural zone or Goal 3 protected zone, but rather an exception zone, and Deschutes County has already determined that storage is a rural use. He said the proposed amendment is adaptive to changing circumstances and because any proposed mini -storage use would be subject to a conditional use permit and site plan review, a rigorous public process with substantial notice mandates would be required. In response to Commissioner Chang, Katzaroff listed other conditionally allowed uses in the MUA zone, including dude ranches, veterinary clinics, campgrounds, golf courses, forest products processing facilities and hydroelectric facilities. Saying that these uses are associated with traditional rural industries, Commissioner Chang asked how mini -storage ties into the agricultural base of MUA. Katzaroff disagreed that asphalt processing could be construed a rural economic use of land. Robin Hayakawa submitted written materials on behalf of Central Oregon LandWatch (COLW), saying that COLW strongly opposes the proposed amendment as it is generally non -compliant with the intention of the MUA zone. Adding that it is important to preserve the rural character of this zone, he said allowing mini storage as proposed would also conflict with Goal 5 protections of natural resources and with Goal 14 as it would constitute urban use on rural land. In response to Commissioner DeBone's question regarding the Friends of Yamhill County case, Hayakawa said there is no evidence in the record regarding where the people who would use the proposed mini -storage units would travel from. Commissioner DeBone noted the large demand for storage units, particularly for people who live in urban areas. Commissioner Chang questioned the contradiction in permitting mini -storage near cities and at the same time allowing cities to decide how areas outside of their boundaries are urbanized. He asked whether text could be added to this Code change that would grant the City of Bend some say in whether mini -storage could be allowed in this area, or not. BOCC MEETING SEPTEMBER 25, 2024 PAGE 5 OF 11 Mardell agreed that urban reserve areas, which involve joint management agreements between two jurisdictions, are pertinent to future urbanization. She said the County is not precluded from including a development criteria regarding coordination with established jurisdictions. Commissioner Chang supported offering the cities an opportunity to indicate that a proposed use either conflicts with their expected future urbanization or doesn't. He asked how including a consultation criteria would play out in a conditional permit process if a jurisdiction determined that a proposed use conflicted with future urbanization. Will Groves, Planning Manager, said an applicant might be required to revise its application if a city indicated potential adverse impacts from a proposed development. Because Bend lacks an urban reserve, however, it is not clear how the County could effectively avoid negatively impacting future urbanization. Groves advised that the Board leave the record open for a time to allow staff to reach out to the City of Bend on this issue. In response to Commissioner DeBone, Mardell said after the City of Redmond expressed concern with the potential impacts this proposal could have on the 13 MUA properties within its urban reserve area, those properties were removed from the proposal. No comments have been received from the City of Bend. in rebuttal for the applicant, Katzaroff was unsure that it would be defensible to give another jurisdiction decision -making capability, although he did not object to a requirement to give notice as part of the process. Commissioner Chang said establishing a process and allowing a jurisdiction to opt out of consultation with the County on a proposal would be different from simply providing notice. Groves noted that the process for a conditional use permit allows interested parties to weigh in on whether the proposal is compatible with both existing and projected uses on surrounding properties. He added that it is sometimes difficult for government agencies to respond to proposed land use matters in a timely way. Commissioner Chang supported leaving the record open to allow the City of Bend to respond to the question of what kind of notification, consultation and/or veto power it would be interested to have with respect to future conditional use permit applications under this amendment. BOCC MEETING SEPTEMBER 25, 2024 PAGE 6 OF 11 Mardell confirmed that staff will ask if the City of Bend wants to weigh in on this proposal. The consensus of the Board was to leave the written record open until 4 pm on October 9th The public hearing was declared closed at 10:31 am. Commissioner DeBone asked that staff also include the City of Redmond in the notification provided to the City of Bend, if appropriate. 12. Public Hearing: 2024 Housekeeping Amendments and consideration of first reading of Ordinance No. 2024-008 Kyle Collins, Associate Planner, described the proposed housekeeping amendments to Deschutes County Code, including revisions to align with State HB 2192 regarding the replacement of dwellings in the Exclusive Forest Use and Forest Use zones. Other changes update definitions for "residential facility" and residential home"; allow residential homes outright within all residential zones; allow residential facilities outright in all zones where multifamily residences are an allowed use; and provide for new standards for residential homes and facilities within the EFU Zone. Collins shared the two comments received thus far on the proposed changes — one from the County's Transportation Planner which confirmed that the amendments would either reduce or have no change on traffic, and another from Ken Katzaroff expressing reservations regarding the proposed "Agricultural Land" definition in Title 19, with the result that all agricultural Title 19 definitions have been removed. The public hearing was opened at 10:47 am. There being no one who wished to speak, the public hearing was closed at 10:48 am. CHANG: Move to close the oral and written records at this time and conduct deliberations on this matter DEBONE: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried DEBONE: Move approval of first reading of Ordinance No. 2024-008, by title only, amending Deschutes County Code Title 15, Buildings and BOCC MEETING SEPTEMBER 25, 2024 PAGE 7 OF 11 Construction, Title 18, Zoning Ordinance, Title 19, Bend Urban Area Zoning Ordinance, and Title 22, Procedures Ordinance, to incorporate changes to State and Federal law, and provide clarification of existing regulations, procedures, and policies CHANG: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried Chair Adair read the title of the ordinance into the record. 13. Public Hearing - Development Agreement for Thousand Trails Bend- Sunriver RV Campground Haleigh King, Associate Planner, provided background on a proposed development agreement for the Thousand Trails Bend-Sunriver RV Campground. Explaining that a development agreement offers certainty that regulations applied to a project will not change during the term of the agreement, King said the applicant seeks a development agreement to clarify allowable uses of the property, particularly whether it can develop up to 185 additional sites. Adding that historical records indicate that on or before 1973, the County approved a master plan for the property, King said any new development of the property would require site plan review. The public hearing was opened at 10:57 am. King said six public comments have been received since the notice of public hearing was issued —these comments communicated concerns about possible impacts from additional development on the site, including wildlife migration corridors, traffic, wildfire risk, and water and wastewater systems. Concerns were also received regarding the maintenance and management of the property. Ken Katzaroff, representing the applicant, said clarity is sought with regard to how the property can be developed. Noting the applicant seeks a waiver of the paving standards, given that the site is currently not paved, he said the septic system was upsized in 2015 in consultation with DEQ. Louis Gonzalez, the applicant, spoke to the desire to build out the non -developed areas with new campsites. BOCC MEETING SEPTEMBER 25, 2024 PAGE 8 OF 11 • Sara Lundgren, member of the Vandevert Ranch HOA Board, expressed concern with allowing 185 additional campsites, the possible vesting of all existing facilities on the property, and whether any current Code violations will be overlooked or disregarded. She referred to the presence of a dump area and asked that the County conduct a site visit before approving anything. She questioned if the current wastewater system is satisfactory and asked to know who is certified to operate and repair that system, particularly in light of its proximity to the Little Deschutes River. Saying she also had concerns about the risk of fire starting on this property, she concluded that the proposed development agreement would not be in the best interest of area residents. • John Dandona shared concerns about negative impacts to wildlife such as elk and also to the natural environment, which includes critical habitat for the spotted frog. Saying the property contains junk and trash such as emptied propane tanks, he said the wastewater facility emits foul-smelling air which prevents the use of a nearby riding arena. He was additionally concerned about the presence of 50-gallon drums filled with methanol, saying this is highly unsafe due to its toxicity and combustibility, said the property is not adequately managed, and was concerned about the potential for fire. • Karen Jenkins expressed concerns about the stewardship of the property, referring to the garbage dump and saying that bins filled with used needles present a toxic hazard. She urged that elk migration routes be taken into consideration as well as the placement and adequacy of the drainage fields. At the time for rebuttal by the applicant, Katzaroff requested a two -week open record period to allow the opportunity to respond to the submitted testimony in writing. Commissioner Chang asked if any water quality monitoring is required and being done. Gonzalez said the wastewater treatment system is operated by a third party, with reports sent to the County every quarter. Commissioner Chang noted that a Goal 11 exception would be needed to install a full sewer system. Commissioner DeBone asked if the waste reported to be located in RVs on the property is the result of unsanctioned activity. Saying it is not the applicant's position that the development agreement would sanction Code violations, Katzaroff added that a site plan cannot be approved if Code violations exist unless the site plan resolves those violations. BOCC MEETING SEPTEMBER 25, 2024 PAGE 9 OF 11 King added that the County is not aware of any unresolved Code violations on the property. She invited those who believe there may be violations to submit complaints through the County's website, noting that DEQ has its own complaint process for facilities permitted by that agency. Will Groves clarified the site plan review process applies only to adjudicated Code violation cases, not to those which have been alleged and are in the process of being investigated. There being no one else who wished to speak, the public hearing was closed at 11:46 am. The Board was in consensus to leave the written record open for two weeks, with new testimony due by 4 pm on October 14th and the applicant's final rebuttal due by 4 pm on October 21 st OTHER ITEMS: • Commissioner DeBone shared that yesterday he was in Salem to attend various legislative committee meetings, including the Committee on Housing and Homelessness. While there, he engaged with numerous legislators on such topics as water, transportation, and the CORE3 project. • Commissioner DeBone attended a Visit Central Oregon dinner last night at the newly re -opened Kah-Nee-Ta Resort at which representatives from the Confederated Tribes of Warm Springs were also in attendance. • Commissioner Chang said Deschutes County will host an AOC Commissioner exchange with Wasco and Clatsop counties next week and asked if Commissioner DeBone or Commissioner Adair would like to attend any of the scheduled activities. • Commissioner DeBone noted he will attend the AOC District 2 meeting on Monday. • Commissioner Adair reported on yesterday's Sisters Visioning Project meeting where the possibility of developing an ice-skating rink facility was discussed. • Commissioner Adair shared that she sent pictures of slash piles on BLM property to the County's lobbyist Doug Riggs as these piles have existed for several years. • Deputy County Administrator Whitney Hale said next week, staff will bring draft letters of support for the Giving Plate and Clear Alliance to the Board for its consideration. EXECUTIVE SESSION: At 11:58 am, the Board entered executive session under ORS 192.660 (2) (e) Real Property Negotiations. BOCC MEETING SEPTEMBER 25, 2024 PAGE 10 OF 11 At 12:02 pm, the executive session concluded and the public was invited to return to the room. The Board directed staff to proceed as discussed during the executive session. ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 12:03 pm. DATED this Commissioners. ATTEST: day of l v(iUlu (4'4'1- 2024 for the Deschutes County Board of w/v1.(:"?);)--f-Afir{4 RECORDING SECRETARY BOCC MEETING PA TI ADAIR, CHAIR ANTHONY DEBONE, VICE CHAIR PHIL CHANG, COMN SSIONER SEPTEMBER 25, 2024 PAGE 11 OF 11 BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, SEPTEMBER 25, 2024 Barnes Sawyer Rooms - 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. on Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, call (541) 388-6572 or email brenda.fritsvold@deschutes.org. Time estimates: The times listed on agenda items are estimates only. Generally, items will be heard in sequential order and items, including public hearings, may be heard before or after their listed times. CALL TO ORDER PLEDGE OF ALLEGIANCE CITIZEN INPUT: Citizen Input may be provided as comment on any topic that is not on the agenda. Note: In addition to the option of providing in -person comments at the meeting, citizen input comments may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734.. CONSENT AGENDA 1. Approval of Document No. 2024-770, a Notice of Intent to Award a contract for the building and operation of a Secure Residential Treatment Facility 2. Acceptance of Deflection Program grant funding from the Oregon Criminal Justice Commission 3. Approval of Document No. 2024-739 amending a grant agreement with the Oregon Health Authority PO-44300-00026008-7 4. Approval of Resolution No. 2024-043 recognizing carryover FY24 funds and additional FY25 funding for the Veterans' Services Department 5. Approval of an Interlocal Agreement with the Cities of Bend and Redmond to support a Behavioral Health Specialist position on the Mobile Crisis Team 6. Approval of Document No. 2024-790, a Water Rights Conveyance Agreement with Central Oregon Irrigation District 7. Approval of minutes of the BOCC August 14 and 19, 2024 meetings ACTION ITEMS 8. 9:10 AMRecognition of 20-year service awards: Melinda Campbell, Applications Systems Analyst, and Toby Cundell, Applications Systems Analyst 9. 9:20 AM Resolution 2024-044 to add 1.00 regular duration FTE within the Health Services department for a Psychiatric Nurse Practitioner 10. 9:30 AM Public Hearing and Resolution amending the Deschutes County 2024-2025 Fee Schedule to add new and revised fees in Health Services, Information Technology and Community Development Departments September 25, 2024 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3 11. 10:00 AMPublic Hearing: Highway 9-7 Mini -Storage Text Amendment 12. 11:00 AMPublic Hearing: 2024 Housekeeping Amendments and consideration of first reading of Ordinance No. 2024-008 13. 11:30 AMPublic Hearing - Development Agreement for Thousand Trails Bend-Sunriver RV Campground LUNCH RECESS OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss cis 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. 14. Executive Session under ORS 192.660 (2) (e) Real Property Negotiations ADJOURN September 25, 2024 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3 BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: September25, 2024 SUBJECT: Approval of Document No. 2024-790, a Water Rights Conveyance Agreement with Central Oregon Irrigation District RECOMMENDED MOTION: Move approval of Document No. 2024-790. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County Road Department ("Department") acquired a portion ("Subject Land") of Tax Lot 171318D000500, owned by Jesse R. and Kimberly A. Dent ("Grantors"), as right of way for the Powell Butte Highway/Butler Market Road Intersection Improvement project. The Subject Land had existing Central Oregon Irrigation District (COID) water rights, and the Grantors did not quitclaim those rights to COID or transfer those rights to another portion of their property prior to right of way dedication, which was recorded on December 27, 2023 (Instrument No. 2023-31591); transfer or quitclaiming of water rights by the Grantors prior to the Grantors' execution of the dedication deed was a provision of the purchase agreement. In accordance with ORS 368.256(1)(a), the water rights cannot be exercised within the public road right of way. The Grantors later executed a quitclaim deed with COID for the water rights, which was recorded on August 20, 2024 (Instrument No. 2024-21477) In accordance with ORS 540.580, COID must submit a petition request to the Oregon Water Resources Department ("State") for approval of a permanent transfer of the place of use of water rights appurtenant to the Subject Land. The State has provided COID with an opinion that the County is an "affected land owner" under the provisions of ORS 540.580 and a "user" as defined in OAR 690-385-0100(16); effectively, the State has asserted that the Grantors conveyed the irrigation rights for the Subject Land to the County with the right of way dedication. As such, the State is requiring the County to authorize the transfer of the irrigation rights. Department staff have asserted that the County does not acquire appurtenant rights such as water rights with acquisition of a right of way dedication for several reasons, which include: • A right of way dedication does not convey fee title of the subject land; fee title is still vested with the grantor. A right of way dedication effectively creates an easement for public ingress and egress; appurtenant rights, such as water and other natural resource rights, are not conveyed with an easement. • The County acquires right of way in accordance with ORS 035, which pertains to eminent domain and public acquisition of property. Under that chapter of state law, a condemner can only acquire the property interest necessary for the proposed use. Water rights are unnecessary for a public road. • The purchase agreement provisions used by the Department in right of way acquisitions explicitly state that water rights appurtenant to the subject property are not conveyed. • Water rights are not valued in a right of way appraisal and, as such, are not included in the purchase amount in a right of way acquisition. Nonetheless, in an effort to assist COID with their petition request to the State, the Department, in coordination with County Legal Department staff, drafted a water rights conveyance agreement for COID's use. Under this agreement, the County authorizes COID to transfer the subject water rights while making no claims in holding any water rights. BUDGET IMPACTS: None ATTENDANCE: Cody Smith, County Engineer/Assistant Road Department Director , ES O BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: September 25, 2024 SUBJECT: Public Hearing: Highway 97 Mini -Storage Text Amendment RECOMMENDED MOTIONS: Open the public hearing to gather testimony on file no. 247-23-000732-TA. At the conclusion of the public hearing, the Board can choose one of the following options: • Continue the hearing to a date and time certain; • Close the oral portion of the hearing and leave the written record open to a date and time certain; • Close the hearing and commence deliberations; or • Close the hearing and schedule deliberations for a date and time to be determined. BACKGROUND AND POLICY IMPLICATIONS: The Board of County Commissioners will hold a public hearing on September 25, 2024, to gather testimony regarding file no. 247-23-000732-TA. The proposal is an applicant - initiated text amendment to allow mini -storage as a conditional use in certain areas of the MUA-10 zone along Highway 97. The full record is located on the project hearing page: www.deschutes.org/Hwy97Storage. BUDGET IMPACTS: None ATTENDANCE: Nicole Mardell, AICP, Senior Planner Will Groves, Planning Manager vi" ES C) MEMORANDUM COMMUNITY DEVELOP +4 ENT TO: Deschutes County Board of Commissioners ("Board") FROM: Nicole Mardell, AICP, Senior Planner DATE: September 18, 2024 SUBJECT: Public Hearing: Mini -Storage in MUA-10 Zone Adjacent to Hwy 97 The Board will conduct a public hearing to gather testimony on this proposal during the Board's regularly scheduled meeting on September 25, 2024, in the Barnes and Sawyer Rooms, 1300 NW Wall Street, Bend and virtually via zoom. The proposal is an applicant -initiated legislative amendment. The applicant seeks to allow mini -storage as a conditional use on certain MUA-10 properties adjacent to U.S. Highway 97 (file no. 247-23-000732-TA). There is a separate applicant -initiated text amendment to allow mini -storage along Highway 20, which is not associated with this application. All record materials can be found on the project website: http://www.deschutes.org/Hwny97Storage. I. PROPOSAL In October 2023, the applicant Schwabe, Williamson, and Wyatt, applied for a legislative amendment related to mini -storage in the Multiple Use Agricultural - 10 Acre Minimum (MUA-10) zone. Attached to this memo are the applicant's proposed amendments (Attachment A), proposed findings (Attachment B), and a map of eligible properties (Attachment C). The applicant proposes to add mini -storage as a conditional use in the zone, if the following siting criteria are met: • The property is at least 10 acres in size and no greater than 30 acres in size o (multiple contiguous parcels may be considered in the aggregate to meet the requirements of this section); • Adjacent to State Highway 97; • Within 2,500 feet of an urban growth boundary (UGB); and • The property is not within an urban reserve area'. In addition to these locational criteria, future applications would also need to comply with requirements for 18.128 Conditional Uses, including the general compatibility standards (18.128.015) and specific ' The applicant amended their proposal to include this criterion during the Planning Commission review process. requirements for mini -storage uses (18.128.300) related to screening, parking, and landscaping (Attachment D). The Post -Acknowledgement Plan Amendment (PAPA) notice to the Department of Land Conservation and Development (DLCD) was sent on April 18, 2024. 1I. BACKGROUND Mini -storage is defined in the Deschutes County Code as "commercial development of multiple storage units for rental to the public".2 The table below summarizes the existing zones in which the use is allowed and related siting standards or requirements. Zone Standards / Requirements Unincorporated Communities Terrebonne Commercial (TeC) Conditional use, limited to buildings not exceeding 4,000 square feet of floor space with no exterior displays or storage of industrial equipment, vehicles, or products. Terrebonne Commercial - Rural (TeCR) Conditional use, limited to buildings not exceeding 10,000 square feet of floor space. Additional compatibility, traffic, and parking requirements. Additional requirements for large scale use if over 4,000 square feet. Terrebonne Industrial (Tul) Allowed subject to site plan review, not to exceed 40,000 square feet of floor area. 50-foot setback from residential properties. Maximum 45-foot height adjacent to residential properties. Design and compatibility criteria. Sunriver Business Park (SUBP) Conditional use, limited to buildings not exceeding 20,000 square feet of floor area. Additional limitations related to traffic and screening. Additional setbacks required when adjacent to residential uses. Other Zones Rural Commercial (RC) Conditional use, limited to 2,500 square feet in Spring River, 35,000 square feet in other RC zoned areas. Additional setbacks required when adjacent to farm and forest land. Rural Industrial (RI) Conditional use, limited to 7,500 square feet. Requirements related to traffic, parking, ingress/egress, screening, hours of operation. Additional setbacks required when adjacent to residential uses. With the exception of the Terrebonne Industrial zone, mini -storage is generally allowed through a conditional use permit in Deschutes County and contains zone -specific criteria in addition to the general criteria. 2 18.04 Definitions -2- III. SUMMARY OF TESTIMONY Notice of the public hearing was sent to agencies on May 28, 2024 and posted in the Bend Bulletin on June 10 and again on September 11, 2024. Comments from the following agencies were received: • Oregon Department of Transportation (ODOT): noted that access would need to be addressed at the time of individual property development, if the amendment moved forward. Requested additional transportation analysis and trip generation rates for mini -storage facilities. • City of Redmond: sought clarification regarding properties that may be eligible for the proposed text amendment that are in the Redmond Urban Reserve Area (RURA). This area is intended to be an urban holding zone and identifies priority lands for future urban growth boundary expansions. One member of the public provided oral testimony during the hearing, expressing concern regarding the proposal and expressed concerns regarding compliance with Goal 14, limiting urban uses on rural land. Two written comments were received. Central Oregon Landwatch raised additional concerns regarding compliance with Comprehensive Plan goals and policies, Statewide Planning Goal 5, and compatibility with the zone's purpose statement. An additional comment expressed opposition due to aesthetics of storage facilities and lack of need for facilities in rural areas. During the hearing, the applicant clarified they are amending the proposal to exclude property in urban reserve areas from eligibility. The applicant provided additional information during the open record period following the hearing, including a transportation analysis and additional findings related to issues raised in public comment An additional agency comment was received following the Planning Commission process from the County's Senior Transportation Planner and provided context on additional transportation analysis needed prior to development, if the amendment were to move forward. IV. PLANNING COMMISSION REVIEW Staff presented information on the proposed amendments at a Planning Commission work session on June 13, 20243. The Planning Commission had scheduled a public hearing on June 274 although the hearing was continued to July 115 due to a lack of quorum. Following public testimony, the Commission closed the oral portion of the hearing and left the record open until July 18 at 4:00 p.m. The Planning Commission held deliberations on August 86, ultimately voting 4-0 to approve the amendments, with the additional criteria to exclude urban reserve area properties from eligibility. Commissioners in support of the proposal expressed the following benefits of the proposal: 3 https://www.deschutes.org/bc-pc/page/planning-commission-49 4 https://www.deschutes.org/bc-pc/page/planning-commission-52 https://www.deschutes.org/bc-pc/page/planning-commission-53 6 https://www.deschutes.org/bc-pc/page/planning-commission-54 -3- • Minor traffic and visual impacts as noted in the application materials, less intensive than existing conditional uses, not many employees or vehicle trips. • Provides a transition between urban development in the UGB and rural development, could be redeveloped in the future. • Conditional use process provides for additional input from residents. • There is ambiguity in case law on this topic, but the use is already allowed in other rural zones. A similar application, related to mini -storage along Highway 20, received a recommendation of denial by the Planning Commission at their July 25, 2024, meeting with a vote of 3-2. The Planning Commission requested that staff note this decision to the Board, as the members in attendance at each meeting varied. V. NEXT STEPS At the conclusion of the public hearing, the Board can choose one of the following options: • Continue the hearing to a date and time certain; • Close the oral portion of the hearing and leave the written record open to a date and time certain; • Close the hearing and commence deliberations; or • Close the hearing and schedule deliberations for a date and time to be determined. Attachments: A. Proposed Text Amendments B. Proposed Findings C. Eligible Property Map D. Conditional Use Standards -4- Attachment A: Proposed Text Amendments Chapter 18.32 Multiple Use Agricultural Zone; MUA-10 18.32.030 Conditional Uses Permitted The following uses may be allowed subject to DCC 18.128: A. Public use. B. Semipublic use. C. Commercial activities in conjunction with farm use. The commercial activity shall be associated with a farm use occurring on the parcel where the commercial use is proposed. The commercial activity may use, process, store or market farm products produced in Deschutes County or an adjoining County. D. Dude ranch. E. Kennel and/or veterinary clinic. F. Guest house. G. Manufactured home as a secondary accessory farm dwelling, subject to the requirements set forth in DCC 18.116.070. H. Exploration for minerals. I. Private parks, playgrounds, hunting and fishing preserves, campgrounds, motorcycle tracks and other recreational uses. J. Personal use landing strip for airplanes and helicopter pads, including associated hangar, maintenance and service facilities. No aircraft may be based on a personal use landing strip other than those owned or controlled by the owner of the airstrip. Exceptions to the activities permitted under this definition may be granted through waiver action by the Aeronautics Division in specific instances. A personal use landing strip lawfully existing as of September 1, 1975, shall continue to be permitted subject to any applicable regulations of the Aeronautics Division. K. Golf courses. L. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. M. A facility for primary processing of forest products, provided that such facility is found to not seriously interfere with accepted farming practices and is compatible with farm uses described in ORS 215.203(2). Such a facility may be approved for a one year period which is renewable. These facilities are intended to be only portable or temporary in nature. The primary processing of a forest product, as used in DCC 18.32.030, means the use of a portable chipper or stud mill or other similar method of initial treatment of a forest product in order to enable its shipment to market. Forest products, as used in DCC 18.32.030, means timber grown upon a parcel of land or contiguous land where the primary processing facility is located. N. Destination resorts. O. Planned developments. P. Cluster developments. Q. A disposal site which includes a land disposal site for which they Department of Environmental Quality has granted a permit under ORS 459.245, together with equipment, facilities or buildings necessary for its operation. R. Time share unit or the creation thereof. S. Hydroelectric facility, subject to DCC 18.116.130 and 18.128.260. T. Storage, crushing and processing of minerals, including the processing of aggregate into asphaltic concrete or Portland cement concrete, when such uses are in conjunction with the maintenance or construction of public roads or highways. U. Bed and breakfast inn. V. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland subject to DCC 18.120.050 and 18.128.270. W. Religious institutions or assemblies, subject to DCC 18.124 and 18.128.080. X. Private or public schools, including all buildings essential to the operation of such a school. Y. Utility facility necessary to serve the area subject to the provisions of DCC 18.124. Z. Cemetery, mausoleum or crematorium. AA. Commercial horse stables. AB. Horse events, including associated structures, not allowed as a permitted use in this zone. AC. Manufactured home park or recreational vehicle park on a parcel in use as a manufactured home park or recreational vehicle park prior to the adoption of PL 15 in 1979 and being operated as of June 12, 1996, as a manufactured home park or recreational vehicle park, including any expansion of such uses on the same parcel, as configured on June 12, 1996. AE. A new manufactured home/recreational vehicle park, subject to Oregon Administrative Rules 660-004-0040(8)(g) that: a. Is on property adjacent to an existing manufactured home/recreational vehicle park; b. Is adjacent to the City of Bend Urban Growth Boundary; and c. Has no more than 10 dwelling units. AE. The full or partial conversion from a manufactured home park or recreational vehicle park described in DCC 18.32.030 (CC) to a manufactured home park or recreational vehicle park on the same parcel, as configured on June 12 1996. AF. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). AG. Guest lodge. AH. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. Al. Mini -storage facilities, including watercraft, and RV storage. Mini -storage facilities are allowed on parcels that are: a. Not within a designated urban reserve area; and b. Within 2,500 feet of an urban growth boundary; and c. Adjacent to State Highway 97; and d. A minimum of 10 acres in size and not to exceed 30 acres in size. Multiple contiguous parcels may be considered in the aggregate to meet the requirements of this section. HISTORY Adopted by Ord. PL-15 on 11/1/1979 Amended by Ord. 80-206 §3 on 10/13/1980 Amended by Ord. 83-033 §2 on 6/15/1983 Amended by Ord. 86-018 §7 on 6/30/1986 Amended by Ord. 90-014 §§27 and 35 on 7/12/1990 Amended by Ord. 91-002 §7 on 2/6/1991 Amended by Ord. 91-005 §§19 and 20 on 3/4/1991 Amended by Ord. 91-020 §1 on 5/29/1991 Amended by Ord. 91-038 §1 on 9/30/1991 Amended by Ord. 92-055 §2 on 8/17/1992 Amended by Ord. 93-043 §§4A and B on 8/25/1993 Amended by Ord. 94-008 §11 on 6/8/1994 Amended by Ord. 94-053 §2 on 12/7/1994 Amended by Ord. 96-038 §1 on 6/12/1996 Amended by Ord. 97-017 §2 on 3/12/1997 Amended by Ord. 97-029 §2 on 5/14/1997 Amended by Ord. 97-063 §3 on 11/12/1997 Amended by Ord. 2001-016 §2 on 3/28/2001 Amended by Ord. 2001-039 §2 on 12/12/2001 Amended by Ord. 2004-002 §4 on 4/28/2004 Amended by Ord. 2009-018 §1 on 11/5/2009 Amended by Ord. 2015-002 §1 on 7/8/2015 Amended by Ord. 2016-015 §3 on 7/1/2016 Amended by Ord. 2020-001 §4 on 4/21/2020 Amended by Ord. 2021-004 §2 on 5/27/2021 Amended by Ord. 2021-013 §5 on 4/5/2022 Amended by Ord. 2023-001 §4 on 5/30/2023 Attachment B: Applicant Findings Community Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ PLAN/ZONE/TEXT AMENDMENT ZONE MAP AMENDMENT: FEE: PLAN MAP AMENDMENT: FEE: TEXT AMENDMENT: X FEE: $7,659.00 Applicant's Name (print): Schwabe, Williamson & Wyatt (c/o Keenan Ordon-Bakalian) Phone: (503 ) 796-2470 Mailing Address: 360 SW Bond Street, Suite 500 City/State/Zip: Bend, Oregon 97702 Property Owner's Name (if different): Phone: ( ) Mailing Address: City/State/Zip: Property Description: Township n/a Range n/a Section n/a Tax Lot n/a Lot of Record? (state reason): Current Zoning: n/a Proposed Zoning: n/a Current Plan Designation: n/a Proposed Designation: n/a Applicable State Goals: Goals 1-14 Exception Proposed? Yes x No Size of Affected Area: n/a Acres INSTRUCTIONS FOR COMPLETING THIS APPLICATION: 1. Complete this application form including the appropriate signatures. If color exhibits are submitted, black and white copies with captions or shading delineating the color areas shall also be provided. 2. Include a detailed statement describing the proposal and how it meets all requirements of the appropriate State rules and statutes, and County codes and Comprehensive Plan policies. Text amendment applications must include the proposed language and the basis for the change. 3. If multiple properties are involved in this application, then identify each property on a separate page and follow with the property owners' signatures. 4. Submit the correct application fee. 5. Submit a copy of the current deed(s) for the property(ies). A PRE -APPLICATION APPOINTMENT IS REQUIRED FOR ALL AMENDMENTS Applicant's Signature: Date: 10/18/2023 Property Owner's Signature (if different)*: n/a Date: n/a Agent's Name (if applicable): Phone: Mailing Address: City/State/Zip: *If this application is not signed by the property owner, a letter authorizing signature by the applicant must be attached. By signing this application, the applicant understands and agrees that Deschutes County may require a deposit for hearings officers' fees prior to the application being deemed complete; and if the application is heard by a hearings officer, the applicant will be responsible for the actual costs of the hearings officer. 3/13 APPLICANT'S WRITTEN NARRATIVE TEXT AMENDMENT TO MULTIPLE USE AGRICULTURE ZONE APPLICANT: ATTORNEY: Schwabe, Williamson & Wyatt 360 SW Bond St #500 Bend, OR 97702 Kenneth Katzaroff Keenan Ordon-Bakalian Schwabe, Williamson & Wyatt 1420 5th Ave, Suite 3400 Seattle, WA 98101 Phone: 206-405-1985 E-Mail: KKatzaroff@SCHWABE.com E-Mail: Kordon-bakalianAschwabe.com SUBJECT PROPERTY: Multiple Use Agriculture Zone ZONING: Multiple Use Agriculture — MUA REQUEST: Make certain amendments to Deschutes County's MUA Zone to allow self -storage in limited circumstances. I. APPLICABLE CRITERIA, STANDARDS, AND PROCEDURES: Deschutes County Code Title 18, County Zoning Title 22, Deschutes County Development Procedures Ordinance Title 23, Deschutes County Comprehensive Plan OAR 660, Division 15, the Statewide Planning Goals II. BASIC FINDINGS The applicant proposes the following legislative amendment to the text of Deschutes County Code ("DCC") Title 18, Chapter 18.32, Multiple Use Agriculture Zone ("MUA"). The proposed change would permit mini -storage in limited portions of MUA-designated land within Deschutes County. The amendments would not remove text from the code, and would add the following text, indicated in bold: 18.32.020 Uses Permitted Outright The following uses and their accessory uses are permitted outright: A. Agricultural uses as defined in DCC Title 18. B. A single family dwelling, or a manufactured home subject to DCC 18.116.070. C. Propagation or harvesting of a forest product. 1 — Mini -Storage Text Amendment Application PDX\ 13 6093\280105\JKKA\37503665.5 D. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. E. Class III road or street project. F. Noncommercial horse stables, excluding horse events. G. Horse events, including associated structures, involving: 1. Fewer than 10 riders; 2. Ten to 25 riders, no more than two times per month on nonconsecutive days; or 3. More than 25 riders, no more than two times per year on nonconsecutive days. Incidental musical programs are not included in this definition. Overnight stays by participants, trainers or spectators in RVs on the premises is not an incident of such horse events. H. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. I. Type 1 Home Occupation, subject to DCC 18.116.280. J. Accessory Dwelling Units, subject to DCC 18.116.350. K. Mini -storage facilities, including watercraft, and RV storage, subject to site plan review as provided in DCC 18.124. Mini -storage facilities are allowed on parcels that are: 1. Within 2,500 feet of an urban growth boundary; 2. Adjacent to a state highway; and 3. A minimum of 10 acres in size and not to exceed 30 acres in size. Multiple contiguous parcels may be considered in the aggregate to meet the requirements of this section. 2 — Mini -Storage Text Amendment Application PDX\13 6093\280105\JKKA\3 7503665.5 III. APPLICANT'S RESPONSE TO APPLICABLE STANDARDS AND CRITERIA: Applicable approval criteria are listed below in italics. Applicant's responses follow. A. COMPLIANCE WITH DCC TITLE 18 COUNTY ZONING 18.136.010 Amendments DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or legislative map changes shall be as set forth in DCC 22.12. A request by a property owner for a quasi-judicial map amendment shall be accomplished by filing an application on forms provided by the Planning Department and shall be subject to applicable procedures of DCC Title 22. RESPONSE: This is an application for a legislative text amendment to DCC Title 18, Chapter 18.32, MUA Zone. This is not an application for a quasi-judicial map amendment, as this text amendment will not alter the County's zoning map if it is approved. This application is subject to the standards and criteria set forth in DCC 22.12. DCC 22.12.010 and .040 require a public hearing before the Deschutes County Planning Commission (the "Planning Commission") and then the Board of County Commissioners for all legislative changes. DCC 22.12.020 sets forth the basic notice requirements for the hearings. 18.136.040 Record of Amendments All amendments to the text or map of DCC Title 18 shall be filed with the County Clerk. RESPONSE: Upon adoption, the proposed amendment will be filed with the County Clerk. B. COMPLIANCE WITH DCC TITLE 22, DESCHUTES COUNTY DEVELOPMENT PROCEDURES ORDINANCE DCC Chapter 22.12 Legislative Procedures Section 22.12.010 Hearing Required No legislative change shall be adopted without review by the Planning Commission and a public hearing before the Board of County Commissioners. Public hearings before the Planning Commission shall be set at the discretion of the Planning Director, unless otherwise required by state law. RESPONSE: The proposed amendments will be reviewed by both the Planning Commission and Board of County Commissioners, and will include public hearings. Section 22.12.020 Notice A. Published Notice. 1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least 10 days prior to each public hearing. 3 — Mini -Storage Text Amendment Application PDX\ 13 609 3\2 80105 \JKKA\3 75 03 665.5 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. RESPONSE: This criterion will be met with notice to be published in the Bend Bulletin newspaper for the Planning Commission public hearing, and the Board of County Commissioners' public hearing. B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. RESPONSE: Notice will be posted if determined to be necessary by the Planning Director. C. Individual Notice. Individual notice to property owners, as defined in DCC 22.08.010(A), shall be provided at the discretion of the Planning Director, except as required by ORS 215.503. RESPONSE: Individual notice will be sent at the discretion of the Planning Director. It is the applicant's position that because the proposed legislative text amendment does not apply to any specific property, individual notice is not required for this application. ORS 215.203 ("Measure 56 notice") is not applicable because this is an application for a legislative text amendment, not an action to amend an existing comprehensive plan or any element thereof or to adopt a new comprehensive plan. See ORS 215.203(3). As such, no property will have to be rezoned in order to comply with the amendment to DCC 18.32.020 if any adopting ordinance is approved. D. Media Notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. RESPONSE: Notice of proposed legislative changes will be published in Deschutes County newspapers. Section 22.12.030 INITIATION OF LEGISLATIVE CHANGES A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of Commissioners or the Planning Commission. RESPONSE: Application fees will be paid upon filing of the application. Section 22.12.040 HEARINGS BODY A. The following shall serve as hearings or review body for legislative changes in this order: 1. The Planning Commission. 2. The Board of County Commissioners. 4 — Mini -Storage Text Amendment Application PDX\ 13 6093 \2 80105 \JKKA\3 7 503 665.5 B. Any legislative change initiated by the Board of County Commissioners shall be reviewed by the Planning Commission prior to action being taken by the Board of Commissioners. RESPONSE: The proposed legislative changes will be reviewed by both the Planning Commission and Board of County Commissioners. Section 22.12.050 FINAL DECISION All legislative changes shall be adopted by ordinance. RESPONSE: The proposed legislative changes will be adopted by ordinance. D. DCC TITLE 23 DESCHUTES COUNTY COMPREHENSIVE PLAN The following provisions of Deschutes County's amended comprehensive plan set out goals or text that may be relevant to the County's review of this application. Other provisions of the plan do not apply. Chapter 3: Rural Growth, Section 3.4: Rural Economy Policies Goal 1: Maintain a stable rural economy, compatible with rural lifestyles and a healthy environment. Policy 3.4.1: Promote rural economic initiatives, including home -based businesses, that maintain the integrity of the rural character and natural environment. a. Review land use regulations to identify legal and appropriate rural economic development opportunities. RESPONSE: The proposed amendment is consistent with the County's mandate to review land use regulations to identify legal and appropriate economic development opportunities. This amendment provides a new rural economic development opportunity within specific areas of the MUA zone while maintaining the integrity of the rural character and natural environment by requiring site plan review and expressly limiting where in the MUA zone mini -storage facilities can be located. The proposed amendment restricts the development of mini -storage facilities to parcels that are a minimum of 10 acres in size, and in close proximity to existing urban growth boundaries and state highways. The proposed restrictions on the location of mini -storage development in the MUA zone will maintain the integrity of the rural character and natural environment within the MUA zone. Policy 3.4.2: Work with stakeholders to promote new recreational and tourist initiatives that maintain the integrity of the natural environment. 5 — Mini -Storage Text Amendment Application PDX\ 136093\280105\JKKA\3 7503665.5 RESPONSE: Allowing mini -storage development in certain areas of the MUA zone will support new and existing recreational and tourist initiatives in the area. Secure storage subject to site plan review is consistent with maintaining the integrity of the natural environment because it (1) reduces the visual impact of vehicles parked in residential or public spaces; and (2) serves to protect vehicles from the elements and reduces left -behind waste. Policy 3.4.7: Within the parameters of State land use regulations, permit limited local -serving commercial uses in higher -density rural communities. RESPONSE: Approval of the subject application will allow for a new local -servicing commercial use (mini -storage) in higher -density rural communities located in close proximity to established urban growth boundaries and adjacent state highways. Chapter 3: Rural Growth, Section 3.5: Natural Hazard Policies Goal 1: Protect people, property, infrastructure, the economy and the environment from natural hazards. RESPONSE: Allowing mini -storage in rural areas adjacent existing urban growth boundaries will further the County's goal of protecting Deschutes County citizens' property and the economy at large. Mini -storage facilities will provide rural residents the opportunity to protect the physical and economic integrity of their property. Chapter 4: Urban Growth Management, Section 4.2: Urbanization Policies Goal 1: Coordinate with cities, special districts and stakeholders to support urban growth boundaries and urban reserve areas that provide an orderly and efficient transition between urban and rural lands. RESPONSE: Mini -storage in MUA zone will be restricted to locations within 2,500 feet of an established urban growth boundary. Geographic proximity to urban growth boundaries will contribute to the orderly and efficient transition between urban and rural lands because storage facilities for recreational vehicles will promote rural recreation while limiting the non -farm commercial use of rural lands. E. STATEWIDE PLANNING GOALS AND GUIDELINES Goal 1: Citizen Involvement To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. RESPONSE: The amendments do not propose to change the structure of the County's citizen involvement program. Notice of the proposed amendments will be provided through notice of public hearings in the "Bend Bulletin" newspaper. The public hearing on this application will provide the opportunity for any resident to participate in the land use process. Goal 1 is met. 6 — Mini -Storage Text Amendment Application PDX\136093\280105\JKKA\37503665.5 Goal 2: Land Use Planning Part I — Planning. To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual base for such decisions and actions. RESPONSE: Goals policies, and processes related to this application are included in the Deschutes County Comprehensive Plan, Title 23, and Deschutes County Code, Title 18 and Title 22. Compliance with these processes, policies, and regulations are documented within the subject application. Goal 2 is met. Goal 3: Agricultural Lands To preserve and maintain agricultural lands. RESPONSE: No lands will be rezoned as part of this application, furthering the purpose of Goal 3. MUA is not an exclusive farm use zone. Instead, the purpose of MUA zoned land is to "preserve the rural character of various areas of the county while permitting development consistent with that character ..." MUA zones allow for land that is "so committed to other types of uses that an exception to Statewide Planning Goal 3 (Agricultural Lands) was taken to allow other types of uses of such land." Moody v. Deschutes County, 22 Or LUBA, 3 n. l (1992). Goal 3 is met. Goal 4: Forest Lands To conserve forest lands by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting offorest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. RESPONSE: The amendments do not propose to rezone or alter forest lands. Goal 4 is met. Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources To protect natural resources and conserve scenic and historic areas and open spaces. RESPONSE: The amendments do not propose to change open spaces, scenic or historic areas, or natural resources. Goal 5 is met. Goal 6: Air, Water and Land Resources Quality To maintain and improve the quality of the air, water and land resources of the state. RESPONSE: The proposed text amendment will not impact the quality of the air, water, or land resources. Goal 6 is met. 7 — Mini -Storage Text Amendment Application PDX\13 6093\280105\JKKA\37503665.5 Goal 7: Areas Subject to Natural Disasters and Hazards To protect people and property from natural hazards. RESPONSE: To the extent that lands in the MUA zone are in areas subject to natural disasters and hazards, the subject application will serve to mitigate the risk of harm from such disasters on the property of Deschutes County citizens. Providing for mini -storage in select areas of the MUA zone will provide rural residents with the opportunity to store and protect their property from natural hazards. Goal 7 is met. Goal 8: Recreational Needs To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. RESPONSE: To the extent that Goal 8 is applicable to the subject application, providing for mini -storage on certain lands in the MUA zone will allow Deschutes County citizens and visitors to store recreational vehicles and other equipment, providing for ready access to state recreation sites within the County. Goal 8 is met. Goal 9: Economic Development To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. RESPONSE: The proposed text amendment complies with Goal 9 because it will permit a new and varied economic activity within the MUA zone that will allow Oregon citizens an additional opportunity for prosperity. Goal 10: Housing To provide for the housing needs of citizens of the state. RESPONSE: The subject application does not propose to change to housing. Goal 10 is met, to the extent it is applicable. Goal 11: Public Facilities and Services To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. RESPONSE: The proposed text amendment will have no adverse effect on the provision of public facilities and services. Goal 11 is met. 8 — Mini -Storage Text Amendment Application PDX\136093\280105\JKKA\37503665.5 Goal 12: Transportation To provide and encourage a safe, convenient and economic transportation system. RESPONSE: The proposed amendment will not impact transportation facilities within the County. To the extent this Goal is applicable, the subject application proposes to site mini - storage facilities adjacent state highways, providing for convenient access to mini -storage facilities in the rural area. Goal 12 is met. Goal 13: Energy Conservation To conserve energy. RESPONSE: The proposed amendment will have a de minimis effect on the provision of public facilities and services. To the extent Goal 13 is applicable, new mini -storage facilities developed in the MUA zone will be designed and constructed with best practices for the modern-day construction industry, including energy efficient design standards. Goal 14: Urbanization To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. RESPONSE: Goal 14 concerns the provision of urban and rural land uses to ensure efficient use of land and livable communities. The proposed amendment does not amend an urban growth boundary, and mini -storage is permitted as a conditional use in the Rural -Industrial ("R-I") zones. Like the MUA zone, the R-i zone serves rural communities. Storage is not exclusively an "urban use" and storage that targets recreational vehicles and equipment contributes to rural recreational opportunities. The subject application proposes to limit mini -storage to lands in the MUA zone that are located in close proximity to existing urban growth boundaries and adjacent state highways, thereby promoting an orderly and efficient transition from rural to urban land use. Goal 14 is met. Goals 15-19 RESPONSE: Goals 15 through 19 do not apply (Goal 15 Willamette River Greenway; Goal 16 Estuarine Resources; Goal 17 Coastal Shorelands; Goal 18 Beaches and Dunes; and Goal 19 Ocean Resources). 9 — Mini -Storage Text Amendment Application PDX\13 6093\280105\JKKA\3 7503665.5 Schwabe November 20, 2023 VIA E-MAIL Jacob Ripper Principal Planner Deschutes County 117 NW Lafayette Avenue Bend, OR 97703 Keenan Ordon-Bakalian Admitted in Oregon and Washington D: 503-796-2470 kordon-bakalian@schwabe.com RE: Revision to Text Amendment Application No. 247-23-000732-TA Our File No.: 136093-280105 Dear Jacob: Our office is the applicant for the above -referenced Text Amendment Application (the "Application'). Submitted under the cover of this letter is an updated project narrative for the subject application, with a revision that narrows the scope of potential locations for mini -storage facilities in the MUA zone from "[a]djacent to a state highway" to "[a]djacent to State Highway 97." The purpose of this change is to ensure an orderly and efficient transition from rural to urban land use, and to provide a new, local -serving commercial use in an area characterized by higher -density rural communities. An updated project narrative reflecting this change is attached hereto as Exhibit A. For convenience, we have also provided a redline version of the project narrative that depicts the changes made between the original project narrative, and the revised project narrative. See attached, Exhibit B. We respectfully request that Deschutes County include the revised project narrative in the record for the application. Thank you for your continued work on this application, and please do not hesitate to contact me with any questions. Very truly yours, Keenan Ordon-Bakalian Attorney KOB Attachment CC: Kenneth Katzaroff, Schwabe, Williamson & Wyatt Peter Gutowsky, Deschutes County 1211 SW 5th Ave., Suite 1900 I Portland, OR 97204 I M 503-222-9981 I F 503-796-2900 I schwabe.com EXHIBITA Page 1 of 9 APPLICANT'S WRITTEN NARRATIVE TEXT AMENDMENT TO MULTIPLE USE AGRICULTURE ZONE APPLICANT: ATTORNEY: Schwabe, Williamson & Wyatt 360 SW Bond St #500 Bend, OR 97702 Kenneth Katzaroff Keenan Ordon-Bakalian Schwabe, Williamson & Wyatt 1420 5th Ave, Suite 3400 Seattle, WA 98101 Phone: 206-405-1985 E-Mail: KKatzaroff@SCHWABE.com E-Mail: Kordon-bakalian@schwabe.com SUBJECT PROPERTY: Multiple Use Agriculture Zone ZONING: Multiple Use Agriculture — MUA REQUEST: Make certain amendments to Deschutes County's MUA Zone to allow self -storage in limited circumstances. I. APPLICABLE CRITERIA, STANDARDS, AND PROCEDURES: Deschutes County Code Title 18, County Zoning Title 22, Deschutes County Development Procedures Ordinance Title 23, Deschutes County Comprehensive Plan OAR 660, Division 15, the Statewide Planning Goals II. BASIC FINDINGS The applicant proposes the following legislative amendment to the text of Deschutes County Code ("DCC") Title 18, Chapter 18.32, Multiple Use Agriculture Zone ("MUA"). The proposed change would permit mini -storage in limited portions of MUA-designated land within Deschutes County. The amendments would not remove text from the code, and would add the following text, indicated in bold: 18.32.020 Uses Permitted Outright The following uses and their accessory uses are permitted outright: A. Agricultural uses as defined in DCC Title 18. B. A single family dwelling, or a manufactured home subject to DCC 18.116.070. C. Propagation or harvesting of a forest product. 1 — Mini -Storage Text Amendment Application PDX\ 13 6093 \2 80105 \JKKA\3 75 03665.6 EXHIBIT A Page 2of9 D. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. E. Class III road or street project. F. Noncommercial horse stables, excluding horse events. G. Horse events, including associated structures, involving: 1. Fewer than 10 riders; 2. Ten to 25 riders, no more than two tunes per month on nonconsecutive days; or 3. More than 25 riders, no more than two times per year on nonconsecutive days. Incidental musical programs are not included in this definition. Overnight stays by participants, trainers or spectators in RVs on the premises is not an incident of such horse events. H. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. I. Type 1 Home Occupation, subject to DCC 18.116.280. J. Accessory Dwelling Units, subject to DCC 18.116.350. K. Mini -storage facilities, including watercraft, and RV storage, subject to site plan review as provided in DCC 18.124. Mini -storage facilities are allowed on parcels that are: 1. Within 2,500 feet of an urban growth boundary; 2. Adjacent to State Highway 97; and 3. A minimum of 10 acres in size and not to exceed 30 acres in size. Multiple contiguous parcels may be considered in the aggregate to meet the requirements of this section. 2 — Mini -Storage Text Amendment Application PDX\136093\280105\JKKA\37503665.6 EXHIBIT A Page 3 of 9 III. APPLICANT'S RESPONSE TO APPLICABLE STANDARDS AND CRITERIA: Applicable approval criteria are listed below in italics. Applicant's responses follow. A. COMPLIANCE WITH DCC TITLE 18 COUNTY ZONING 18.136.010 Amendments DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or legislative map changes shall be as set forth in DCC 22.12. A request by a property owner for a quasi-judicial map amendment shall be accomplished by filing an application on forms provided by the Planning Department and shall be subject to applicable procedures of DCC Title 22. RESPONSE: This is an application for a legislative text amendment to DCC Title 18, Chapter 18.32, MUA Zone. This is not an application for a quasi-judicial map amendment, as this text amendment will not alter the County's zoning map if it is approved. This application is subject to the standards and criteria set forth in DCC 22.12. DCC 22.12.010 and .040 require a public hearing before the Deschutes County Planning Commission (the "Planning Commission") and then the Board of County Commissioners for all legislative changes. DCC 22.12.020 sets forth the basic notice requirements for the hearings. 18.136.040 Record of Amendments All amendments to the text or map of DCC Title 18 shall be filed with the County Clerk. RESPONSE: Upon adoption, the proposed amendment will be filed with the County Clerk. B. COMPLIANCE WITH DCC TITLE 22, DESCHUTES COUNTY DEVELOPMENT PROCEDURES ORDINANCE DCC Chapter 22.12 Legislative Procedures Section 22.12.010 Hearing Required No legislative change shall be adopted without review by the Planning Commission and a public hearing before the Board of County Commissioners. Public hearings before the Planning Commission shall be set at the discretion of the Planning Director, unless otherwise required by state law. RESPONSE: The proposed amendments will be reviewed by both the Planning Commission and Board of County Commissioners, and will include public hearings. Section 22.12.020 Notice A. Published Notice. 1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least 10 days prior to each public hearing. 3 — Mini -Storage Text Amendment Application PDX\ 13 6093 \2 80105 \JKKA\3 7 503 665.6 EXHIBIT A Page 4 of 9 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. RESPONSE: This criterion will be met with notice to be published in the Bend Bulletin newspaper for the Planning Commission public hearing, and the Board of County Commissioners' public hearing. B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. RESPONSE: Notice will be posted if determined to be necessary by the Planning Director. C. Individual Notice. Individual notice to property owners, as defined in DCC 22.08.010(A), shall be provided at the discretion of the Planning Director, except as required by ORS 215.503. RESPONSE: Individual notice will be sent at the discretion of the Planning Director. It is the applicant's position that because the proposed legislative text amendment does not apply to any specific property, individual notice is not required for this application. ORS 215.203 ("Measure 56 notice") is not applicable because this is an application for a legislative text amendment, not an action to amend an existing comprehensive plan or any element thereof or to adopt a new comprehensive plan. See ORS 215.203(3). As such, no property will have to be rezoned in order to comply with the amendment to DCC 18.32.020 if any adopting ordinance is approved. D. Media Notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. RESPONSE: Notice of proposed legislative changes will be published in Deschutes County newspapers. Section 22.12.030 INITIATION OF LEGISLATIVE CHANGES A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of Commissioners or the Planning Commission. RESPONSE: Application fees will be paid upon filing of the application. Section 22.12.040 HEARINGS BODY A. The following shall serve as hearings or review body for legislative changes in this order: 1. The Planning Commission. 2. The Board of County Commissioners. 4 — Mini -Storage Text Amendment Application PDX\ 13 6093 \2 80105 \JKKA\3 75 03 665.6 EXHIBIT A Page5of9 B. Any legislative change initiated by the Board of County Commissioners shall be reviewed by the Planning Commission prior to action being taken by the Board of Commissioners. RESPONSE: The proposed legislative changes will be reviewed by both the Planning Commission and Board of County Commissioners. Section 22.12.050 FINAL DECISION All legislative changes shall be adopted by ordinance. RESPONSE: The proposed legislative changes will be adopted by ordinance. D. DCC TITLE 23 DESCHUTES COUNTY COMPREHENSIVE PLAN The following provisions of Deschutes County's amended comprehensive plan set out goals or text that may be relevant to the County's review of this application. Other provisions of the plan do not apply. Chapter 3: Rural Growth, Section 3.4: Rural Economy Policies Goal 1: Maintain a stable rural economy, compatible with rural lifestyles and a healthy environment. Policy 3.4.1: Promote rural economic initiatives, including home -based businesses, that maintain the integrity of the rural character and natural environment. a. Review land use regulations to identify legal and appropriate rural economic development opportunities. RESPONSE: The proposed amendment is consistent with the County's mandate to review land use regulations to identify legal and appropriate economic development opportunities. This amendment provides a new rural economic development opportunity within specific areas of the MUA zone while maintaining the integrity of the rural character and natural environment by requiring site plan review and expressly limiting where in the MUA zone mini -storage facilities can be located. The proposed amendment restricts the development of mini -storage facilities to parcels that are a minimum of 10 acres in size, and in close proximity to existing urban growth boundaries and State Highway 97. The proposed restrictions on the location of mini -storage development in the MUA zone will maintain the integrity of the rural character and natural environment within the MUA zone. Policy 3.4.2: Work with stakeholders to promote new recreational and tourist initiatives that maintain the integrity of the natural environment. 5 — Mini -Storage Text Amendment Application PDX\ 136093\280105\JKKA\3 7503665.6 EXHIBIT A Page 6of9 RESPONSE: Allowing mini -storage development in certain areas of the MUA zone will support new and existing recreational and tourist initiatives in the area. Secure storage subject to site plan review is consistent with maintaining the integrity of the natural environment because it (1) reduces the visual impact of vehicles parked in residential or public spaces; and (2) serves to protect vehicles from the elements and reduces left -behind waste. Policy 3.4.7: Within the parameters of State land use regulations, permit limited local -serving commercial uses in higher -density rural communities. RESPONSE: Approval of the subject application will allow for a new local -servicing commercial use (mini -storage) in higher -density rural communities located in close proximity to established urban growth boundaries and adjacent State Highway 97. Chapter 3: Rural Growth, Section 3.5: Natural Hazard Policies Goal 1: Protect people, property, infrastructure, the economy and the environment from natural hazards. RESPONSE: Allowing mini -storage in rural areas adjacent existing urban growth boundaries will further the County's goal of protecting Deschutes County citizens' property and the economy at large. Mini -storage facilities will provide rural residents the opportunity to protect the physical and economic integrity of their property. Chapter 4: Urban Growth Management, Section 4.2: Urbanization Policies Goal 1: Coordinate with cities, special districts and stakeholders to support urban growth boundaries and urban reserve areas that provide an orderly and efficient transition between urban and rural lands. RESPONSE: Mini -storage in MUA zone will be restricted to locations within 2,500 feet of an established urban growth boundary. Geographic proximity to urban growth boundaries will contribute to the orderly and efficient transition between urban and rural lands because storage facilities for recreational vehicles will promote rural recreation while limiting the non -farm commercial use of rural lands. E. STATEWIDE PLANNING GOALS AND GUIDELINES Goal 1: Citizen Involvement To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. RESPONSE: The amendments do not propose to change the structure of the County's citizen involvement program. Notice of the proposed amendments will be provided through notice of public hearings in the "Bend Bulletin" newspaper. The public hearing on this application will provide the opportunity for any resident to participate in the land use process. Goal 1 is met. 6 — Mini -Storage Text Amendment Application PDX\136093\280105\JKKA\37503665.6 EXHIBIT A Page7of9 Goal 2: Land Use Planning Part I — Planning. To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual base for such decisions and actions. RESPONSE: Goals policies, and processes related to this application are included in the Deschutes County Comprehensive Plan, Title 23, and Deschutes County Code, Title 18 and Title 22. Compliance with these processes, policies, and regulations are documented within the subject application. Goal 2 is met. Goal 3: Agricultural Lands To preserve and maintain agricultural lands. RESPONSE: No lands will be rezoned as part of this application, furthering the purpose of Goal 3. MUA is not an exclusive farm use zone. Instead, the purpose of MUA zoned land is to "preserve the rural character of various areas of the county while permitting development consistent with that character ..." MUA zones allow for land that is "so committed to other types of uses that an exception to Statewide Planning Goal 3 (Agricultural Lands) was taken to allow other types of uses of such land." Moody v. Deschutes County, 22 Or LUBA, 3 n.1 (1992). Goal 3 is met. Goal 4: Forest Lands To conserve forest lands by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting offorest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. RESPONSE: The amendments do not propose to rezone or alter forest lands. Goal 4 is met. Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources To protect natural resources and conserve scenic and historic areas and open spaces. RESPONSE: The amendments do not propose to change open spaces, scenic or historic areas, or natural resources. Goal 5 is met. Goal 6: Air, Water and Land Resources Quality To maintain and improve the quality of the air, water and land resources of the state. RESPONSE: The proposed text amendment will not impact the quality of the air, water, or land resources. Goal 6 is met. 7 — Mini -Storage Text Amendment Application PDX\ 136093\280105\JKKA\3 7503665.6 EXHIBIT A Page 8 of 9 Goal 7: Areas Subject to Natural Disasters and Hazards To protect people and property from natural hazards. RESPONSE: To the extent that lands in the MUA zone are in areas subject to natural disasters and hazards, the subject application will serve to mitigate the risk of harm from such disasters on the property of Deschutes County citizens. Providing for mini -storage in select areas of the MUA zone will provide rural residents with the opportunity to store and protect their property from natural hazards. Goal 7 is met. Goal 8: Recreational Needs To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. RESPONSE: To the extent that Goal 8 is applicable to the subject application, providing for mini -storage on certain lands in the MUA zone will allow Deschutes County citizens and visitors to store recreational vehicles and other equipment, providing for ready access to state recreation sites within the County. Goal 8 is met. Goal 9: Economic Development To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. RESPONSE: The proposed text amendment complies with Goal 9 because it will permit a new and varied economic activity within the MUA zone that will allow Oregon citizens an additional opportunity for prosperity. Goal 10: Housing To provide for the housing needs of citizens of the state. RESPONSE: The subject application does not propose to change to housing. Goal 10 is met, to the extent it is applicable. Goal 11: Public Facilities and Services To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. RESPONSE: The proposed text amendment will have no adverse effect on the provision of public facilities and services. Goal 11 is met. 8 — Mini -Storage Text Amendment Application PDX\ 136093\280105\JKKA\3 7503665.6 EXHIBIT A Page 9of9 Goal 12: Transportation To provide and encourage a safe, convenient and economic transportation system. RESPONSE: The proposed amendment will not impact transportation facilities within the County. To the extent this Goal is applicable, the subject application proposes to site mini - storage facilities adjacent State Highway 97, providing for convenient access to mini -storage facilities in the rural area. Goal 12 is met. Goal 13: Energy Conservation To conserve energy. RESPONSE: The proposed amendment will have a de minimis effect on the provision of public facilities and services. To the extent Goal 13 is applicable, new mini -storage facilities developed in the MUA zone will be designed and constructed with best practices for the modern-day construction industry, including energy efficient design standards. Goal 14: Urbanization To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. RESPONSE: Goal 14 concerns the provision of urban and rural land uses to ensure efficient use of land and livable communities. The proposed amendment does not amend an urban growth boundary, and mini -storage is perinitted as a conditional use in the Rural -Industrial ("R-I") zones. Like the MUA zone, the R-1 zone serves rural communities. Storage is not exclusively an "urban use" and storage that targets recreational vehicles and equipment contributes to rural recreational opportunities. The subject application proposes to limit mini -storage to lands in the MUA zone that are located in close proximity to existing urban growth boundaries and adjacent State Highway 97, thereby promoting an orderly and efficient transition from rural to urban land use. Goal 14 is met. Goals 15-19 RESPONSE: Goals 15 through 19 do not apply (Goal 15 Willamette River Greenway; Goal 16 Estuarine Resources; Goal 17 Coastal Shorelands; Goal 18 Beaches and Dunes; and Goal 19 Ocean Resources). 9 — Mini -Storage Text Amendment Application PDX\ 136093\280105\JKKA\37503665.6 EXHIBIT B Page 1 of 11 APPLICANT'S WRITTEN NARRATIVE TEXT AMENDMENT TO MULTIPLE USE AGRICULTURE ZONE APPLICANT: ATTORNEY: Schwabe, Williamson & Wyatt 360 SW Bond St #500 Bend, OR 97702 Kenneth Katzaroff Keenan Ordon-Bakalian Schwabe, Williamson & Wyatt 1420 5th Ave, Suite 3400 Seattle, WA 98101 Phone: 206-405-1985 E-Mail: KKatzaroff@SCHWABE.com E-Mail: Kordon-bakalian@schwabe.com SUBJECT PROPERTY: Multiple Use Agriculture Zone ZONING: Multiple Use Agriculture — MUA REQUEST: Make certain amendments to Deschutes County's MUA Zone to allow self -storage in limited circumstances. I. APPLICABLE CRITERIA, STANDARDS, AND PROCEDURES: Deschutes County Code Title 18, County Zoning Title 22, Deschutes County Development Procedures Ordinance Title 23, Deschutes County Comprehensive Plan OAR 660, Division 15, the Statewide Planning Goals II. BASIC FINDINGS The applicant proposes the following legislative amendment to the text of Deschutes County Code ("DCC") Title 18, Chapter 18.32, Multiple Use Agriculture Zone ("MUA"). The proposed change would permit mini -storage in limited portions of MUA-designated land within Deschutes County. The amendments would not remove text from the code, and would add the following text, indicated in bold: 18.32.020 Uses Permitted Outright The following uses and their accessory uses are permitted outright: A. Agricultural uses as defined in DCC Title 18. 1 — Mini -Storage Text Amendment Application PDX\ 136093\280105\JKKA\37503665.5PDX\ 136093\280105\JKKA\37503 665.E EXHIBIT B Page 2of11 B. A single family dwelling, or a manufactured home subject to DCC 18.116.070. C. Propagation or harvesting of a forest product. D. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. E. Class III road or street project. F. Noncommercial horse stables, excluding horse events. G. Horse events, including associated structures, involving: 1. Fewer than 10 riders; 2. Ten to 25 riders, no more than two times per month on nonconsecutive days; or 3. More than 25 riders, no more than two times per year on nonconsecutive days. Incidental musical programs are not included in this definition. Overnight stays by participants, trainers or spectators in RVs on the premises is not an incident of such horse events. H. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. I. Type 1 Home Occupation, subject to DCC 18.116.280. J. Accessory Dwelling Units, subject to DCC 18.116.350. K. Mini -storage facilities, including watercraft, and RV storage, subject to site plan review as provided in DCC 18.124. Mini -storage facilities are allowed on parcels that are: 1. Within 2,500 feet of an urban growth boundary; 2. Adjacent to State Highway 97; and 2 — Mini -Storage Text Amendment Application PDX\ 13 6093 \2 80105\JKKA\3 7503 665.5 PDX\ 13 6093\2 80105 \JKKA\375 03 66 5.6 EXHIBIT B Page 3 of 11 3. A minimum of 10 acres in size and not to exceed 30 acres in size. Multiple contiguous parcels may be considered in the aggregate to meet the requirements of this section. III. APPLICANT'S RESPONSE TO APPLICABLE STANDARDS AND CRITERIA: Applicable approval criteria are listed below in italics. Applicant's responses follow. A. COMPLIANCE WITH DCC TITLE 18 COUNTY ZONING 18.136.010 Amendments DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or legislative map changes shall be as set forth in DCC 22.12. A request by a property owner for a quasi-judicial map amendment shall be accomplished by filing an application on forms provided by the Planning Department and shall be subject to applicable procedures of DCC Title 22. RESPONSE: This is an application for a legislative text amendment to DCC Title 18, Chapter 18.32, MUA Zone. This is not an application for a quasi-judicial map amendment, as this text amendment will not alter the County's zoning map if it is approved. This application is subject to the standards and criteria set forth in DCC 22.12. DCC 22.12.010 and .040 require a public hearing before the Deschutes County Planning Commission (the "Planning Commission") and then the Board of County Commissioners for all legislative changes. DCC 22.12.020 sets forth the basic notice requirements for the hearings. 18.136.040 Record of Amendments All amendments to the text or map of DCC Title 18 shall be filed with the County Clerk. RESPONSE: Upon adoption, the proposed amendment will be filed with the County Clerk. B. COMPLIANCE WITH DCC TITLE 22, DESCHUTES COUNTY DEVELOPMENT PROCEDURES ORDINANCE DCC Chapter 22.12 Legislative Procedures Section 22.12.010 Hearing Required 3 — Mini -Storage Text Amendment Application PDX\13 6093 \280105\JKKA\37503 665.5PDX\ 136093\280105\JKKA\37503665.6 EXHIBIT B Page 4 of 11 No legislative change shall be adopted without review by the Planning Commission and a public hearing before the Board of County Commissioners. Public hearings before the Planning Commission shall be set at the discretion of the Planning Director, unless otherwise required by state law. RESPONSE: The proposed amendments will be reviewed by both the Planning Commission and Board of County Commissioners, and will include public hearings. Section 22.12.020 Notice A. Published Notice. 1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least 10 days prior to each public hearing. 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. RESPONSE: This criterion will be met with notice to be published in the Bend Bulletin newspaper for the Planning Commission public hearing, and the Board of County Commissioners' public hearing. B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. RESPONSE: Notice will be posted if determined to be necessary by the Planning Director. C. Individual Notice. Individual notice to property owners, as defined in DCC 22.08.010(A), shall be provided at the discretion of the Planning Director, except as required by ORS 215.503. RESPONSE: Individual notice will be sent at the discretion of the Planning Director. It is the applicant's position that because the proposed legislative text amendment does not apply to any specific property, individual notice is not required for this application. ORS 215.203 ("Measure 56 notice") is not applicable because this is an application for a legislative text amendment, not an action to amend an existing comprehensive plan or any element thereof or to adopt a new comprehensive plan. See ORS 215.203(3). As such, no property will have to be rezoned in order to comply with the amendment to DCC 18.32.020 if any adopting ordinance is approved. D. Media Notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. RESPONSE: Notice of proposed legislative changes will be published in Deschutes County newspapers. Section 22.12.030 INITIATION OF LEGISLATIVE CHANGES 4 — Mini -Storage Text Amendment Application PDX\136093\280105\JKKA\37503665.5PDX\ 136093\280105\JKKA\37503665.6 EXHIBIT B Page 5 of 11 A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of Commissioners or the Planning Commission. RESPONSE: Application fees will be paid upon filing of the application. Section 22.12.040 HEARINGS BODY A. The following shall serve as hearings or review body for legislative changes in this order: 1. The Planning Commission. 2. The Board of County Commissioners. B. Any legislative change initiated by the Board of County Commissioners shall be reviewed by the Planning Commission prior to action being taken by the Board of Commissioners. RESPONSE: The proposed legislative changes will be reviewed by both the Planning Commission and Board of County Commissioners. Section 22.12.050 FINAL DECISION All legislative changes shall be adopted by ordinance. RESPONSE: The proposed legislative changes will be adopted by ordinance. D. DCC TITLE 23 DESCHUTES COUNTY COMPREHENSIVE PLAN The following provisions of Deschutes County's amended comprehensive plan set out goals or text that may be relevant to the County's review of this application. Other provisions of the plan do not apply. Chapter 3: Rural Growth, Section 3.4: Rural Economy Policies Goal 1: Maintain a stable rural economy, compatible with rural lifestyles and a healthy environment. Policy 3.4.1: Promote rural economic initiatives, including home -based businesses, that maintain the integrity of the rural character and natural environment. a. Review land use regulations to identify legal and appropriate rural economic development opportunities. RESPONSE: The proposed amendment is consistent with the County's mandate to review land use regulations to identify legal and appropriate economic development opportunities. This amendment provides a new rural economic development opportunity within specific areas of the MUA zone while maintaining the integrity of the rural character and natural environment by 5 — Mini -Storage Text Amendment Application PDX\136093\280105\JKKA\3 7503 665.5PDX\ 136093\280105\JKKA\37503665.6 EXHIBIT B Page 6 of 11 requiring site plan review and expressly limiting where in the MUA zone mini -storage facilities can be located. The proposed amendment restricts the development of mini -storage facilities to parcels that are a minimum of 10 acres in size, and in close proximity to existing urban growth boundaries and state highwaysState Highway 97. The proposed restrictions on the location of mini -storage development in the MUA zone will maintain the integrity of the rural character and natural environment within the MUA zone. Policy 3.4.2: Work with stakeholders to promote new recreational and tourist initiatives that maintain the integrity of the natural environment. RESPONSE: Allowing mini -storage development in certain areas of the MUA zone will support new and existing recreational and tourist initiatives in the area. Secure storage subject to site plan review is consistent with maintaining the integrity of the natural environment because it (1) reduces the visual impact of vehicles parked in residential or public spaces; and (2) serves to protect vehicles from the elements and reduces left -behind waste. Policy 3.4.7: Within the parameters of State land use regulations, permit limited local -serving commercial uses in higher -density rural communities. RESPONSE: Approval of the subject application will allow for a new local -servicing commercial use (mini -storage) in higher -density rural communities located in close proximity to established urban growth boundaries and adjacent state highwaysState Highway 97. Chapter 3: Rural Growth, Section 3.5: Natural Hazard Policies Goal 1: Protect people, property, infrastructure, the economy and the environment from natural hazards. RESPONSE: Allowing mini -storage in rural areas adjacent existing urban growth boundaries will further the County's goal of protecting Deschutes County citizens' property and the economy at large. Mini -storage facilities will provide rural residents the opportunity to protect the physical and economic integrity of their property. Chapter 4: Urban Growth Management, Section 4.2: Urbanization Policies Goal 1: Coordinate with cities, special districts and stakeholders to support urban growth boundaries and urban reserve areas that provide an orderly and efficient transition between urban and rural lands. RESPONSE: Mini -storage in MUA zone will be restricted to locations within 2,500 feet of an established urban growth boundary. Geographic proximity to urban growth boundaries will contribute to the orderly and efficient transition between urban and rural lands because storage facilities for recreational vehicles will promote rural recreation while limiting the non -farm commercial use of rural lands. 6 — Mini -Storage Text Amendment Application PDx\13 6093\280105\.JKKA\37503665.5 PDX\ 13 6093 \280105\7KKA\37503665.6 EXHIBIT B Page 7of11 E. STATEWIDE PLANNING GOALS AND GUIDELINES Goal 1: Citizen Involvement To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. RESPONSE: The amendments do not propose to change the structure of the County's citizen involvement program. Notice of the proposed amendments will be provided through notice of public hearings in the "Bend Bulletin" newspaper. The public hearing on this application will provide the opportunity for any resident to participate in the land use process. Goal 1 is met. Goal 2: Land Use Planning Part I — Planning. To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual base for such decisions and actions. RESPONSE: Goals policies, and processes related to this application are included in the Deschutes County Comprehensive Plan, Title 23, and Deschutes County Code, Title 18 and Title 22. Compliance with these processes, policies, and regulations are documented within the subject application. Goal 2 is met. Goal 3: Agricultural Lands To preserve and maintain agricultural lands. RESPONSE: No lands will be rezoned as part of this application, furthering the purpose of Goal 3. MUA is not an exclusive farm use zone. Instead, the purpose of MUA zoned land is to "preserve the rural character of various areas of the county while permitting development consistent with that character ..." MUA zones allow for land that is "so committed to other types of uses that an exception to Statewide Planning Goal 3 (Agricultural Lands) was taken to allow other types of uses of such land." Moody v. Deschutes County, 22 Or LUBA, 3 n.1 (1992). Goal 3 is met. Goal 4: Forest Lands To conserve forest lands by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. RESPONSE: The amendments do not propose to rezone or alter forest lands. Goal 4 is met. 7 — Mini -Storage Text Amendment Application PDX\ 136093\280105\JKKA\37503 665.5PDX\ 136093\280105UKKA\37503665.6 EXHIBIT B Page 8 of 11 Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources To protect natural resources and conserve scenic and historic areas and open spaces. RESPONSE: The amendments do not propose to change open spaces, scenic or historic areas, or natural resources. Goal 5 is met. Goal 6: Air, Water and Land Resources Quality To maintain and improve the quality of the air, water and land resources of the state. RESPONSE: The proposed text amendment will not impact the quality of the air, water, or land resources. Goal 6 is met. Goal 7: Areas Subject to Natural Disasters and Hazards To protect people and property from natural hazards. RESPONSE: To the extent that lands in the MUA zone are in areas subject to natural disasters and hazards, the subject application will serve to mitigate the risk of harm from such disasters on the property of Deschutes County citizens. Providing for mini -storage in select areas of the MUA zone will provide rural residents with the opportunity to store and protect their property from natural hazards. Goal 7 is met. Goal 8: Recreational Needs To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. RESPONSE: To the extent that Goal 8 is applicable to the subject application, providing for mini -storage on certain lands in the MUA zone will allow Deschutes County citizens and visitors to store recreational vehicles and other equipment, providing for ready access to state recreation sites within the County. Goal 8 is met. Goal 9: Economic Development To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens._ RESPONSE: The proposed text amendment complies with Goal 9 because it will permit a new and varied economic activity within the MUA zone that will allow Oregon citizens an additional opportunity for prosperity. Goal 10: Housing 8 — Mini -Storage Text Amendment Application PDX\ 136093 \280105\JKKA\37503665.5PDX\13 6093\280105\JKKA\37503665.6 EXHIBIT B Page 9 of 11 To provide for the housing needs of citizens of the state. RESPONSE: The subject application does not propose to change to housing. Goal 10 is met, to the extent it is applicable. Goal 11: Public Facilities and Services To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. RESPONSE: The proposed text amendment will have no adverse effect on the provision of public facilities and services. Goal 11 is met. Goal 12: Transportation To provide and encourage a safe, convenient and economic transportation system. RESPONSE: The proposed amendment will not impact transportation facilities within the County. To the extent this Goal is applicable, the subject application proposes to site mini -storage facilities adjacent state highwaysState Highway 97, providing for convenient access to mini -storage facilities in the rural area. Goal 12 is met. Goal 13: Energy Conservation To conserve energy. RESPONSE: The proposed amendment will have a de minimis effect on the provision of public facilities and services. To the extent Goal 13 is applicable, new mini -storage facilities developed in the MUA zone will be designed and constructed with best practices for the modern-day construction industry, including energy efficient design standards. Goal 14: Urbanization To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. RESPONSE: Goal 14 concerns the provision of urban and rural land uses to ensure efficient use of land and livable communities. The proposed amendment does not amend an urban growth boundary, and mini -storage is permitted as a conditional use in the Rural -Industrial ("R-I") zones. Like the MUA zone, the R-I zone serves rural communities. Storage is not exclusively an "urban use" and storage that targets recreational vehicles and equipment contributes to rural recreational opportunities. The subject application proposes to limit mini -storage to lands in the MUA zone that are located in close proximity to existing urban growth boundaries and adjacent 9 — Mini -Storage Text Amendment Application nnv�izrn93'230inc�Trrun�375O3665 5PDX\136093\280105\JKKA\37503665.6 EXHIBIT B Page 10 of 11 state highwaysState Highway 97, thereby promoting an orderly and efficient transition from rural to urban land use. Goal 14 is met. Goals 15-19 RESPONSE: Goals 15 through 19 do not apply (Goal 15 Willamette River Greenway; Goal 16 Estuarine Resources; Goal 17 Coastal Shorelands; Goal 18 Beaches and Dunes; and Goal 19 Ocean Resources). 10 — Mini -Storage Text Amendment Application PDX\ 136093\280105\TKKA\37503665.5PDX\13 6093\280105\JKKA\37503 665.6 EXHIBIT B Page 11 of 11 Summary report: Litera Compare for Word 11.6.0.100 Document comparison done on 11/20/2023 4:06:50 PM Style name: Default Style Intelligent Table Comparison: Active Original DMS: iw://PDX-MIDDLE/pdx/37503665/5 Modified DMS: iw://PDX-MIDDLE/pdx/37503665/6 Changes: Add 6 Delete 6 0 141 Move To 0 Table Insert 0 Table Delete 0 Table moves to 0 Table moves from 0 Embedded Graphics (Visio, ChemDraw, Images etc.) 0 Embedded Excel 0 Format changes 0 Total Changes: 12 Schwabe May 2, 2024 Nicole Mardell Senior Planner Deschutes County Planning Department Community Development Building 117 NW Lafayette Avenue Bend, OR 97703 RE: Text Amendment Our File No.: 136093-280105 Dear Nicole: Kenneth Katzaroff Admitted in Washington and Oregon D: 206-405-1985 C: 206-755-2011 KKatzaroff@SCHWABE.com As you know, our firm is the applicant ("Applicant") in application No. 247-23-000732- TA. This letter provides additional information and requests that a hearing be scheduled to consider the matter. 1. Conditional Use of Self Storage, including Boat and RV Storage Applicant's proposal originally requested that the proposed uses be permitted outright, subject only to site plan review. Through conversations with planning staff, Applicant requests that the proposed uses instead be conditional uses, subject to site plan review and DCC 18.128.300. 2. ESEE Analysis Applicant has prepared an ESEE Analysis which is attached as Exhibit A to this letter. 3. Conclusion Applicant is happy to provide any additional information as may be reasonably requested. Applicant also respectfully requests that a hearing be scheduled to consider the application. 1420 5th Avenue, Suite 3400 I Seattle, WA 98101 I M 206-622-1711 I F zo6-292-0460 I schwabe.com 136093\280105\45579857.v1 Nicole Mardell May 2, 2024 Sincerely, SCHWABE, WILLIAMSON & WYATT, P.C. Kenneth Katzaroff JKKA:aks Raw 1420 5th Avenue, Suite 3400 I Seattle, WA 98101 ( M 206-622-1711 I F 206-292-0460 I schwabe.com Page 2 136093\280105\45579857.v1 EXHIBIT A Page 1 of 6 ESEE Analysis for Text Amendment 1.1 Scope of Proposal The Applicant is proposing a legislative amendment to Title 18, Chapter 18.32 (Multiple Use Agricultural Zone; MUA) of the Deschutes County Code (DCC) that would designate mini - storage uses, including watercraft and RV storage, as a conditionally allowed use within the Multiple Use Agricultural Zone (MUA). The proposed text amendment would have the effect of allowing mini -storage on parcels that are: • Zoned MUA; • At least 10 acres in size and no greater than 30 acres in size. Multiple contiguous parcels may be considered in the aggregate to meet this requirement. • Adjacent to State Highway 97 ("Hwy 97"); and • Within 2,500 feet of an urban growth boundary (UGB). Given the proposed use would be allowed on certain parcels adjacent to Hwy 97, the use would be subject to DCC 18.84, Landscape Management Combining Zone (LM), which applies to all areas within one-fourth mile of the centerline of roads identified as landscape management corridors in the Deschutes County Comprehensive Plan (Comprehensive Plan). Per DCC 18.84.010, the purpose of the LM zone is to maintain scenic and natural resources of the designated areas and to maintain and enhance scenic vistas and natural landscapes as seen from designated roads, rivers, or streams. Because the proposed legislative amendment to DCC 18.32 requires a post -acknowledgement plan amendment (PAPA), which would have the effect of allowing a new use (mini -storage) that could be conflicting with a Goal 5 resource on the County's acknowledged Goal 5 inventory (scenic views from Hwy 97), Oregon Administrative Rule (OAR) 660-023-0250 requires an Environmental, Social, Economic and Energy (ESEE) analysis for the proposed mini -storage use. In 1992, Deschutes County prepared an ESEE analysis for scenic resources, including for scenic viewsheds and natural landscapes, and implemented the LM zone, which is intended to limit "conflicting uses" while still allowing development to occur (Ordinance 92-052). While more specific regulations of the LM zone are discussed in Section 2.2 of this document, it is important to note that the LM zone provides a maximum building height of 30-feet to help preserve scenic viewsheds from the highway. Additionally, many of the allowed uses within the MUA zone per DCC 18.32.020 and 18.32.030 are of a similar size and scale as a mini -storage facility, such as public/semipublic uses (such as libraries or governmental administrative buildings), and public and private schools, or veterinary clinics, all of which have significant parking facilities or collections of buildings to effectuate the use. This is demonstrative that the proposed mini - storage use is not a significant change in the size and scale of development already allowed within the MUA and LM zones. hnportantly, the LM zone does not generally limit uses, it 136093\280105\45578042.v4 EXHIBIT A Page 2 of 6 effectively provides a set of design -review criteria that ensure compliance with protecting the scenic views. See e.g., DCC Chapter 18.84. Moreover, as it relates to Hwy 97 specifically, substantial portions of that scenic roadway have already been zoned or re -zoned to a Rural Industrial or "RI zone", which permits mini -storage facilities. See DCC Chapter 18.100.020.M. This implicitly means that such uses have already been reviewed and found as compliant with the LM zone on Hwy 97. 1.2 Identification of Conflicting Uses The Oregon Department of Land Conservation and Development (DLCD) administers Statewide Planning Goal 5 Administrative Rule (OAR) 660-023-000, which states that the purpose of Goal 5 is "...to conserve and protect significant Goal 5 natural resources." Goal 5 Administrative Rule OAR 660-0023-0230(1) identifies Goal 5 scenic views and sites as lands "that are valued for their aesthetic appearance". The Goal 5 ESEE analysis describes the economic, social, environmental, and energy consequences of allowing, limiting, or prohibiting a new use that could conflict with the previously documented and protected scenic views from Hwv 97. Under the ESEE process, an identification of "conflicting uses" must be made and a program to achieve the goal of protecting Goal 5 resources must be created if conflicting uses are substantially identified. Goal 5 Administrative Rule OAR 660-023-0010 defines "conflicting use" as follows: (b) "Conflicting use" is a land use, or other activity reasonably and customarily subject to land use regulations, that could adversely affect a significant Goal 5 resource (except as provided in OAR 660-023- 0180(1)(b)). Local governments are not required to regard agricultural practices as conflicting uses. Goal 5 Administrative Rule (OAR 660-023-0040) describes how conflicting uses are identified: (2) Identify conflicting uses. Local governments shall identify conflicting uses that exist, or could occur, with regard to significant Goal 5 resource sites. To identify these uses, local governments shall examine land uses allowed outright or conditionally within the zones applied to the resource site and in its impact area. Local governments are not required to consider allowed uses that would be unlikely to occur in the impact area because existing permanent uses occupy the site. The following shall also apply in the identification of conflicting uses: (a) If no uses conflict with a significant resource site, acknowledged policies and land use regulations may be considered sufficient to protect the resource site. The determination that there are no conflicting uses must be based on the applicable zoning rather than ownership of the site. (therefore, public ownership of a site does not by itself support a conclusion that there are no conflicting uses.) 2 136093\280105\45578042.v4 EXHIBIT A Page 3 of 6 (b) A local government may determine 'that one or more significant Goal 5 resource sites are conflicting uses, with another significant resource site. The local government shall determine the level of protection for each significant site using the ESEE process and/or the requirements in OAR 660-023-0090 through 660-023-0230 (see OAR 660-023-0020(1)). For this ESEE analysis, the conflicting use is the newly proposed mini -storage use within the MUA zone for certain parcels situated along Hwy 97 and close to a UGB as limited through the proposed text amendment. However, the LM zone in these areas is intended to "maintain and enhance scenic vistas and natural landscapes as screen from designated roads, rivers, or streams" andthe new mini -storage use could conflict with this Goal 5 resource and an ESEE analysis is required. 2.0 ESEE ANALYSIS 2.1 ESEE Process This ESEE analysis is based on a proposed new mini -storage use within the MUA zone for certain parcels nearby UGBs and adjacent to Hwy 97, which could be conflicting with scenic viewsheds and natural landscapes viewed from the highway, which are an inventoried Goal 5 resource within the Deschutes County Comprehensive Plan. The County's LM zone per DCC 18.84 is intended to allow development within the LM zone in a way that is compatible with preserving these views and existing landscapes. To that end, the LM zone has adopted certain design review criteria. However, an analysis must still occur. An ESEE process identifies the consequences of allowing, limiting, or prohibiting conflicting uses in areas containing significant resources, including scenic views. OAR 660-023-0040 requires the following steps: 1. Identify the conflicting uses; 2. Determine the impact area; 3. Analyze the ESEE consequences of the conflicting use; and 4. Develop a program to achieve Goal 5 For the purpose of this ESEE analysis, the conflicting use is the proposed mini -storage use within the MUA zone for certain parcels adjacent to Hwy 97 that are subject to the LM zone, as discussed in Section 1.1. The impact area for this ESEE analysis consists of the parcels the proposed text amendment would affect, which is highly limited based upon the size of parcel requirement and the proximity to a UGB. Deschutes County already maintains a program for achieving Goal 5 specific to the scenic views and natural landscapes viewed from Hwy 97, which are an inventoried Goal 5 resource within Deschutes County and are protected though the establishment of the LM zone., which imposes certain design review criteria. 2.2 Existing Protections and Program to Achieve the Goal 3 136093\280105\45578042.v4 EXHIBIT A Page 4 of 6 The proposed new mini -storage use within the MUA zone would be allowed on certain parcels adjacent to Hwy 97, which would be subject to the County's LM zone, which as is relevant here, is intended to maintain scenic view. The LM zone was established as a result of an ESEE analysis prepared by Deschutes County in 1992 for scenic resources, including for scenic viewsheds and natural landscapes (Ordinance 92-052). The LM zone is intended to limit conflicting uses while still allowing development to occur. Within the LM zone, uses permitted in the underlying zone (either outright or conditionally) are permitted within the LM zone, subject to use limitations per DCC 18.84.050, design review standards per DCC 18.84.080, and setback requirements per DCC 18.84.090. These standards and requirements are intended to allow development to occur while ensuring compatibility and preservation of scenic vistas and natural landscapes viewed from the highway in compliance with Goal 5. For example, the LM zone limits building heights to 30-feet, which ensures scenic viewsheds can be preserved when viewed from a designated road. The LM zone also gives the review authority discretion to require certain improvements or modifications to protect views through site design, such as supplemental landscaping for screening, as well as specification of certain building materials and colors, depending on the development proposed and the location of the development site. This discretion further ensures compatibility with scenic vistas and natural landscapes viewed from the protected resource. The proposed new mini -storage use would also only be allowed conditionally, subject to the conditional use review procedure per DCC 18.128 and the mini -storage specific standards per DCC 18.128.300, and site plan review (DCC Chapter 18.124) which has additional screening and safety requirements, including preserving existing topography (which provides additional protection to the view shed). Together, the County's conditional use and site plan criteria provide ample protection and regulatory authority to impose additional protections to the scenic Goal 5 view shed that are over and above those already contained in the LM zone. 2.3 ESEE Analysis As described in Section 1.1, the new proposed mini -storage use would only be allowed on parcels that meet the following requirements: • Zoned MUA; • At least 10 acres in size and no greater than 30 acres in size. Multiple contiguous parcels may be considered in the aggregate to meet this requirement. • Adjacent to State Highway 97 ("Hwy 97"); and • Within 2,500 feet of an urban growth boundary (UGB). For the purposes of this ESEE, we have assumed that all MUA zoned properties that are adjacent to Hwy 97 and within 2,500 feet of a UGB meet are included. Allowing Conflicting Uses, Prohibiting Conflicting Uses, or Limiting Conflicting Uses: 4 13 6093\280105\45578042. v4 EXHIBIT A Page 5 of 6 Overall, allowing the conflicting uses as identified as mini -storage in the MUA zone and on property meeting the above criteria would have a marginal impact on the LM zone scenic view corridors and Goal 5 resource. This is due to a number of different reasons. First, the area corridor and properties that would be subject to the conflicting use are limited to those near the Bend and Redmond UGB. Moreover, along this corridor, several properties already permit the proposed mini -storage use because they are zone Rural Industrial, which permits such use and was found not to be conflicting in such a way as to prohibit that use in the same scenic view corridor related to the Goal 5 protected resource. Second, Applicant believes that the protected scenic view area has already been highly degraded. This is because the view corridor has been significantly altered since the Goal 5 resource was adopted, including by having substantial increases in the size and scope of Hwy 97 and the increased development adjacent to the corridor, including development both within and outside of the relevant UGBs. This development has diminished clear views of the mountains and other open space areas and instead now provides views of structures, shopping malls, rural industrial development, and other rural development. The introduction of mini -storage uses will provide no significant change. In contrast, prohibiting the conflicting use would have an overall negative economic consequence. This is because prohibiting use would limit the economic use that the property could be made on the property and thereby impacts that potential tax valuation that could be received by the County, among other issues. Prohibiting the use could mean fewer storage opportunities for the Deschutes County community, and rural residents in close proximity to the affected parcels would have to travel further to other mini -storage facilities located within UGBs, such as Bend. Full protection would also completely limit vegetation removal, minimizing development potential of a parcel and/or increasing costs to develop, leading to design requirements such as longer driveways or access roads in order to access areas of a development site beyond the LM zone. To the extent limiting the conflicting use has social consequences, they would be negative. Mini - storage facilities present an opportunity for employment as well as for nearby residents to store items, such as boats and RVs, that are used for recreation. Many residents of property do not have or maintain proper storage facilities for such equipment and vehicles, which limits social interaction and vibrancy. Environmental consequences based upon the proposal are marginal. As already stated, mini - storage is already a permitted use on nearby lands that maintain the RI zoning designation. Moreover, protections contained in the Site Plan Review criteria limit changes to topography and maintain specific vegetation requirements, all of which must be managed and maintained. This could provide a benefit. Moreover, having storage facilities located closer to rural residents could reduce trips to and from other storage facilities that may already be maintained within UGBs, or on the RI zoned lands. Energy consequences are expected to be limited. There are existing power facilities nearby which either serve existing MUA uses or could be used for the mini -storage use. Moreover, the 5 136093\280105\45578042.v4 EXHIBIT A Page 6 of 6 opportunity for mini -storage to be constructed in closer proximity to rural residential areas could reduce drive times, thereby reducing energy consumption necessary for local businesses and nearby residents who wish to utilize these facilities, given they would not have to drive to a UGB to meet this end. 2.4 Conclusion There is limited, if any, benefit to further limiting the conflicting use of mini -storage within the LM zone to those protections already provided by the conditional use and site plan criteria. This is particularly true on the Hwy 97 period given that several parcels in this corridor are zoned Rural Industrial, which already permits the conflicting use. 6 136093\280105\45578042.v4 1" = 800' 247-23-000732-TA Highway 97 Mini -Storage Text Amendments Properties Within MUA10 Zone, 10-30 Acres and Within 2,500' of US Highway 97 Lif Properties Affected By Text Amendments 2500' From Bend UGB Urban Growth Boundary (UGB) April 19, 2024 N:\Custom\County\CDD\Plan ning\NicoleM\247-24-000732-TA ■lei►WNEVAIM IIIIIMI 1" = 800' 247-23-000732-TA Highway 97 Mini -Storage Text Amendments of,31- RedmondSouth` Properties Within MUA10 Zone, 10-30 Acres and Within 2,500' of US Highway 97 Properties Affected By Text Amendments 2500' From Redmond UGB Urban Growth Boundary (UGB) April 19, 2024 N.\Custom\County\CDD\Planning\NicoleM\247-24-000732-TA 1"=700' 247-23-000732-TA Highway 97 Mini -Storage Text Amendments 41;0 O2400 Properties Within MUA10 Zone, 10-30 Acres and Within 2,500' of US Highway 97 1 e Properties Affected By Text Amendments 2500' From Redmond UGB Urban Growth Boundary (UGB) April 19, 2024 N:\Custom\County\CD D\P Ian n ing\N i coleM\247-24-000732-TA 'E(MIIMINI®MPAILIN7.11MIs'!/_I/�- Attachment D Conditional Use Criteria 18.128.015 General Standards Governing Conditional Uses Except for those conditional uses permitting individual single-family dwellings, conditional uses shall comply with the following standards in addition to the standards of the zone in which the conditional use is located and any other applicable standards of the chapter: 1. The site under consideration shall be determined to be suitable for the proposed use based on the following factors: 1. Site, design and operating characteristics of the use; 2. Adequacy of transportation access to the site; and 3. The natural and physical features of the site, including, but not limited to, general topography, natural hazards and natural resource values. 2. The proposed use shall be compatible with existing and projected uses on surrounding properties based on the factors listed in DCC 18.128.015(A). 3. These standards and any other standards of DCC 18.128 may be met by the imposition of conditions calculated to ensure that the standard will be met. 18.128.020 Conditions In addition to the standards and conditions set forth in a specific zone or in DCC 18.124, the Planning Director or the Hearings Body may impose the following conditions upon a finding that additional restrictions are warranted. 1. Require a limitation on manner in which the use is conducted, including restriction of hours of operation and restraints to minimize environmental effects such as noise, vibrations, air pollution, glare or odor. 2. Require a special yard or other open space or a change in lot area or lot dimension. 3. Require a limitation on the height, size or location of a structure. 4. Specify the size, number, location and nature of vehicle access points. 5. Increase the required street dedication, roadway width or require additional improvements within the street right of way. 6. Designate the size, location, screening, drainage, surfacing or other improvement of a parking or loading area. 7. Limit or specify the number, size, location, height and lighting of signs. 8. Limit the location and intensity of outdoor lighting and require shielding. 9. Specify requirements for diking, screening, landscaping or other methods to protect adjacent or nearby property and specify standards for installation and maintenance. 10. Specify the size, height and location of any materials to be used for fencing. 11. Require protection and preservation of existing trees, vegetation, water resources, wildlife habitat or other significant natural resources. 12. Require that a site plan be prepared in conformance with DCC 18.124. 18.128.300 Mini -Storage Facility 1. Each individual space for rent or sale shall be less than 1000 square feet. 2. Mini -storage shall be limited to dead storage. Outside storage shall be limited to boats, recreational vehicles and similar vehicles placed within designated spaces on an all-weather surfaced area which is surrounded by a sight -obscuring fence at least six feet in height. 3. Yards shall be permanently landscaped. 4. Yard dimensions adjacent to residential zones shall be the same as required yards within the residential zone. 5. Parking shall be provided for office space associated with the mini -storage facility at one (1) space for every 300 square feet of office space. A minimum of two (2) parking spaces shall be provided for all mini -storage facilities regardless of office size. 6. All structures shall be fenced and visually screened. 7. Traffic lanes shall be 12 feet wide with an additional 10-foot parking lane, except where the traffic lane does not serve the storage units. All areas provided for vehicle access, parking and movement shall be improved to minimum public road standards. 8. A residence for a caretaker or 24-hour on -site manager is permitted. 9. There shall be only one access from each adjacent street. 10. Outside lighting, including shading to prevent glare on adjacent properties, may be required for safety and security purposes. -res BOARD OF COMMISSIONERSMEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: 0 \Q ¥-e%c- awv6 Name i0``aL4 ° J Address 2.8ci3to w„ilz-oc (fio U"--ci '1JA-e9e/11-- Date: ` ze.) Phone #s E-mail address In Favor Neutral/Undecided (' Opposed Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS 01 ES 0 BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: September 25, 2024 SUBJECT: Public Hearing: 2024 Housekeeping Amendments and consideration of first reading of Ordinance No. 2024-008 RECOMMENDED MOTIONS: 1. Following the public hearing, move to close both the oral and written records. 2. Move approval of first reading of Ordinance 2024-008 by title only. BACKGROUND AND POLICY IMPLICATIONS: The Planning Division Yegularly amends Deschutes County Code and the Comprehensive Plan to correct minor errors identified by staff, other County departments, and the public. This process, commonly referred to as Housekeeping, also incorporates updates from rulemaking at the state level through amendments to Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OAR), and allows for less substantive code changes to continue efficient County operations. Attached to this memorandum are proposed Housekeeping Amendments (file no. 247-24- 000417-TA) and a staff report summarizing the changes. Within the proposed amendments, added language is shown underlined and deleted shown as st-r4,kc h- ou h. BUDGET IMPACTS: None ATTENDANCE: Kyle Collins, Associate Planner Will Groves, Planning Manager COMMUNITY DEVELOPMENT MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Kyle Collins, Associate Planner Will Groves, Planning Manager DATE: September 1 8air, 2024 SUBJECT: Public Hearing: 2024 Housekeeping Text Amendments The Deschutes County Board of Commissioners (Board) will conduct a public hearing on September 25, 2024 at 9:00 a.m. at the Deschutes Services Center, 1300 Wall Street, Barnes and Sawyer rooms to consider housekeeping amendments (file no. 247-24-000417-TA). Attached to this memorandum are the proposed text amendments and a staff report summarizing the changes. Within the proposed amendments, added language is shown underlined and deleted shown as strikethrough. The public hearing will be conducted in - person, electronically, and by phone.' All record materials can be found on the project website: https://bit.ly/2024Housekeeping I. BACKGROUND The Planning Division regularly amends Deschutes County Code (DCC) and the Comprehensive Plan to correct minor errors identified by staff, other County departments, and the public. This process, commonly referred to as Housekeeping, also incorporates updates from rulemaking at the state level through amendments to Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OAR), and allows for less substantive code changes to continue efficient County operations. The last time Deschutes County adopted housekeeping amendments occurred in March 20232. 1 See Deschutes County Board of Commissioners September 25, 2024 Agenda for more information: https://www.desch utes.org/bcc/page/boa rd-cou nty-commissioners-meeting-195 2 ordinances 2023-001. II. OVERVIEW OF AMENDMENTS As summarized in the attached ordinance and exhibits, the proposed text amendments will affect the following chapters of the Deschutes County Code: Title 15, Buildings and Construction Chapter 15.08. SIGNS Title 18, County Zoning Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS Chapter 18.16. EXCLUSIVE FARM USE ZONES Chapter 18.32. MULTIPLE USE AGRICULTURAL ZONE; MUA Chapter 18.36. FOREST USE ZONE; F-1 Chapter 18.40. FOREST USE ZONE; F-2 Chapter 18.48. OPEN SPACE AND CONSERVATION ZONE; OS AND C Chapter 18.60. RURAL RESIDENTIAL ZONE; RR-10 Chapter 18.61. URBAN UNICORPORATED COMMUNITY ZONE; LA PINE Chapter 18.65. RURAL SERVICE CENTER; UNINCOPORATED COMMUNITY ZONE Chapter 18.66. TERREBONNE RURAL COMMUNITY ZONING DISTRICTS Chapter 18.67. TUMALO RURAL COMMUNITY ZONING DISTRICTS Chapter 18.74. RURAL COMMERCIAL ZONE Chapter 18.76. AIRPORT DEVELOPMENT ZONE; A-D Chapter 18.108. URBAN UNINCORPORATED COMMUNITY ZONE; SUNRIVER Chapter 18.116. SUPPLEMENTARY PROVISIONS Chapter 18.128. CONDITIONAL USE Title 19, Bend Urban Growth Boundary Zoning Ordinance Chapter 19.04. TITLE, COMPLIANCE, APPLICABILITY ABD DEFINITIONS Chapter 19.12. URBAN AREA RESERVE ZONE UAR-10 Chapter 19.20. SUBURBAN LOW DENSITY RESIDENTIAL ZONE; SR 2 �/2 Chapter 19.22. WESTSIDE TRANSECT ZONE; WTZ Chapter 19.28. URBAN STANDARD RESIDENTIAL ZONE; RS Title 22, Deschutes County Development Procedures Ordinances Chapter 22.36. LIMITATIONS ON APPROVALS III. SUMMARY OF TESTIMONY Notice of the proposed amendments was sent to agencies on July 3, 2024. Comments from the following agencies were received: • The Deschutes County Senior Transportation Planner reviewed the proposed amendments for potential Transportation Planning Rule (TPR) effects and found that the proposed amendments appear to comply with TPR provisions. Page 2 of 3 Additionally, one public comment was received. Ken Katzaroff, of Schwabe law firm, expressed reservations around the inclusion of the proposed "Agricultural Land" definition in Title 19 and the potential for unintended policy decisions being made through the Housekeeping process. Prior to deliberations by the Planning Commission, all agricultural related Title 19 definitions were removed from the proposed Housekeeping Amendments package. IV. PLANNING COMMISSION REVIEW The Planning Commission (Commission) held a public hearing concerning the proposed amendments on August 22, 2024.3 Following the hearing, the Commission closed both the oral and written records, and held deliberations that same day. The Commission unanimously (5-0) recommended approval of the proposed amendments. Two Commissioners (Commissioners Kelsey Kelley and Nathan Hovekamp) were not in attendance for the public hearing or deliberations. V. NEXT STEPS At the conclusion of the public hearing, the Board may: • Continue the hearing to a date certain; • Close the hearing and leave the written record open to a date certain; • Close the hearing and set a date for deliberations; or • Close the hearing and commence deliberations. Attachments: 1) Ordinance 2024-008: Staff Report & Proposed Text Amendments 3 https://www.deschutes.org/bc-pc/page/planning-commission-56 Page 3 of 3 REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 15, Buildings and Construction, Title 18, Zoning Ordinance, Title 19, Bend Urban Area Zoning Ordinance, and Title 22, Procedures * ORDINANCE NO. 2024-008 Ordinance, to Incorporate Changes to State and Federal Law, and Provide Clarification of Existing Regulations, Procedures, and Policies. WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments (Planning Division File No. 247-24-000417-TA) to the Deschutes County Code ("DCC"), Chapter 15.08 — Signs, Chapter 18.04 — Purpose and Definitions, Chapter 18.16 — Exclusive Farm Use Zones, Chapter 18.32 — Multiple Use Agricultural Zone, Chapter 18.36 — Forest Use Zone F 1, Chapter 18.40 — Forest Use Zone F2, Chapter 18.60 — Rural Residential Zone, Chapter 18.65 — Rural Service Center Unincorporated Community Zone, Chapter 18.66 — Terrebonne Rural Community Zoning Districts, Chapter 18.67 — Tumalo Rural Community Zoning Districts, Chapter 18.74 — Rural Commercial Zone, Chapter 18.76 — Airport Development Zone, Chapter 18.108 — Urban Unincorporated Community Zone-Sunriver, Chapter 18.110 — Resort Community Zone, Chapter 18.116 — Supplementary Provisions, Chapter 18.128 — Conditional Use, Chapter 19.04 — Title, Compliance, Applicability and Definitions, Chapter 19.12 — Urban Area Reserve Zone, Chapter 19.20 — Suburban Low Density Residential Zone, Chapter 19.22 — Westside Transect Zone, Chapter 19.28 — Urban Standard Residential Zone, Chapter 22.36 — Limitations on Approvals; and WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on August 22, 2024 and forwarded to the Deschutes County Board of County Commissioners ("Board") a 5-0 recommendation of approval; and WHEREAS, the Board considered this matter after a duly noticed public hearing on September 25, 2024 and concluded that the public will benefit from the proposed changes to the Deschutes County Code Titles 15, 18, 19, and 22; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. Deschutes County Code Chapter 15.08, Signs, is amended to read as described in Exhibit "A", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. PAGE 1 OF 4 - ORDINANCE NO. 2024-008 Section 2. AMENDMENT. Deschutes County Code Chapter 18.04, Title, Purpose, and Definitions, is amended to read as described in Exhibit "B", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 3. AMENDMENT. Deschutes County Code Chapter 18.16, Exclusive Farm Use Zone, is amended to read as described in Exhibit "C", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 4. AMENDMENT. Deschutes County Code Chapter 18.32, Multiple Use Agricultural Zone, is amended to read as described in Exhibit "D", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 5. AMENDMENT. Deschutes County Code Chapter 18.36, Forest Use Zone (F1), is amended to read as described in Exhibit "E", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 6. AMENDMENT. Deschutes County Code Chapter 18.40, Forest Use Zone (F2), is amended to read as described in Exhibit "F", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 7. AMENDMENT. Deschutes County Code Chapter 18.60, Rural Residential Zone, is amended to read as described in Exhibit "G", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strik�gl . Section 8. AMENDMENT. Deschutes County Code Chapter 18.65, Rural Service Center Unincorporated Community Zone, is amended to read as described in Exhibit "H", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 9. AMENDMENT. Deschutes County Code Chapter 18.66, Terrebonne Rural Community Zonings Districts, is amended to read as described in Exhibit "I", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 10. AMENDMENT. Deschutes County Code Chapter 18.67, Tumalo Rural Community Zoning Districts, is amended to read as described in Exhibit "J", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 11. AMENDMENT. Deschutes County Code Chapter 18.74, Rural Commercial Zone, is amended to read as described in Exhibit "K", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 12. AMENDMENT. Deschutes County Code Chapter 18.76, Airport Development Zone, is amended to read as described in Exhibit "L", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 13. AMENDMENT. Deschutes County Code Chapter 18.108, Urban Unincorporated Community Zone Sunriver, is amended to read as described in Exhibit "M", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. PAGE 2 OF 4 - ORDINANCE NO. 2024-008 Section 14. AMENDMENT. Deschutes County Code Chapter 18.110, Resort Community Zone, is amended to read as described in Exhibit "N", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 15. AMENDMENT. Deschutes County Code Chapter 18.116, Supplementary Provisions, is amended to read as described in Exhibit "0", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 16. AMENDMENT. Deschutes County Code Chapter 18.128, Conditional Use, is amended to read as described in Exhibit "P", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 17. AMENDMENT. Deschutes County Code Chapter 19.04, Title, Compliance, Applicability and Definitions, is amended to read as described in Exhibit "Q", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 18. AMENDMENT. Deschutes County Code Chapter 19.12, Urban Area Reserve Zone, is amended to read as described in Exhibit "R", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 19. AMENDMENT. Deschutes County Code Chapter 19.20, Suburban Low Density Residential Zone, is amended to read as described in Exhibit "S", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 20. AMENDMENT. Deschutes County Code Chapter 19.22, Westside Transect Zone, is amended to read as described in Exhibit "T", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 21. AMENDMENT. Deschutes County Code Chapter 19.28, Urban Standard Residential Zone, is amended to read as described in Exhibit "U", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 22. AMENDMENT. Deschutes County Code Chapter 22.36, Limitations on Approvals, is amended to read as described in Exhibit "V", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in t �' . Section 23. FINDINGS. The Board adopts as its findings Exhibit "W", attached and incorporated by reference herein. PAGE 3 OF 4 - ORDINANCE NO. 2024-008 Dated this of , 2024 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PATTI ADAIR, Chair ANTHONY DEBONE, Vice Chair ATTEST: Recording Secretary PHILIP CHANG Date of 1 S` Reading: day of , 2024. Date of 2" d Reading: day of , 2024. Record of Adoption Vote: Commissioner Yes No Abstained Excused Patti Adair Anthony DeBone Philip Chang Effective date: day of , 2024. PAGE 4 OF 4 - ORDINANCE NO. 2024-008 Exhibit A 15.08.060 Sign Permit Except as provided in DCC 15.08.9-76080, no sign shall be erected, structurally altered or relocated until a sign permit has been issued. HISTORY Adopted by Ord. 81-009 §1, Exhibit A, § 1.070 on 4/29/1981 Amended by Ord. 95-063 §1 on 10/11/1995 Amended by Ord. 2014-018 §2 on 11/24/2014 Amended by Ord. 2024-008 §1 on 10/09/2024 Exhibit B 18.04.030 Definitions As used in DCC Title 18, the following words and phrases shall mean as set forth in DCC 18.04.030. "Residential facility" means a residential care, residential training, or residential treatment facility, as those terms are defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455), that provides residential care alone or in conjunction with treatment or training or a combination thereof for six to fifteen individuals who need not be related. Staff persons required to meet licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential facilitymoans a facility licensed by or under the authority of the State of Oregon which provides residential care alone or in conjunction with treatment or training or a combination thereof for s+x (6) te- ifteen-(15) individual who need not be related. Staff persons required and need not be related to each other or to any resident of the residential facility. "Residential home" means a residential treatment or training home, as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455), a residential facility registered under ORS 443.480 (Definitions for ORS 443.480 to 443.500) to 443.500 (Investigation of registered facilities), or an adult foster home licensed under ORS 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered) that provides residential care alone or in conjunction with treatment or training or a combination thereof for five or fewer individuals who need not be related. Staff persons required to meet licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential homerncans a home licensed by or under the authority of the State of Oreg which provide residential care alone er in conjunction with treatment or training or a combination thereof for five or fewer individuals who need not be related. Staff persona residents, an *^ (Ord. Chapter 18.04 35 (04/2015); Ord. 88-050 §3, 1988) HISTORY Adopted by Ord. PL-15 on 11/1/1979 Amended by Ord. 82-013 §1 on 5/25/1982 Amended by Ord. 83-037 §2 on 6/1/1983 Amended by Ord. 83-033 §1 on 6/15/1983 Amended by Ord. 84-023 §1 on 8/1/1984 Amended by Ord. 85-002 §2 on 2/13/1985 Amended by Ord. 86-032 §1 on 4/2/1986 Amended by Ord. 86-018 §1 on 6/30/1986 Amended by Ord. 86-054 §1 on 6/30/1986 Amended by Ord. 86-056 §2 on 6/30/1986 Amended by Ord. 87-015 §1 on 6/10/1987 Amended by Ord. 88-009 §1 on 3/30/1988 Amended by Ord. 88-030 §3 on 8/17/1988 Amended by Ord. 89-004 §1 on 3/24/1989 Amended by Ord. 89-009 §2 on 11/29/1989 Amended by Ord. 90-014 §2 on 7/12/1990 Amended by Ord. 91-002 §11 on 2/6/1991 Amended by Ord. 91-005 §1 on 3/4/1991 Amended by Ord. 92-025 §1 on 4/15/1991 Amended by Ord. 91-020 §1 on 5/29/1991 Amended by Ord. 91-038 §§3 and 4 on 9/30/1991 Amended by Ord. 92-004 §§1 and 2 on 2/7/1992 Amended by Ord. 92-034 §1 on 4/8/1992 Amended by Ord. 92-065 §§1 and 2 on 11/25/1992 Amended by Ord. 92-066 §1 on 11/25/1992 Amended by Ord. 93-002 §§1, 2 and 3 on 2/3/1993 Amended by Ord. 93-005 §§1 and 2 on 4/21/1993 Amended by Ord. 93-038 §1 on 7/28/1993 Amended by Ord. 93-043 §§1, 1A and 18 on 8/25/1993 Amended by Ord. 94-001 §§1, 2, and 3 on 3/16/1994 Amended by Ord. 94-008 §§1, 2, 3, 4, 5, 6, 7 and 8 on 6/8/1994 Amended by Ord. 94-041 §§2 and 3 on 9/14/1994 Amended by Ord. 94-038 §3 on 10/5/1994 Amended by Ord. 94-053 §1 on 12/7/1994 Amended by Ord. 95-007 §1 on 3/1/1995 Amended by Ord. 95-001 §1 on 3/29/1995 Amended by Ord. 95-075 §1 on 11/29/1995 Amended by Ord. 95-077 §2 on 12/20/1995 Amended by Ord. 96-003 §2 on 3/27/1996 Amended by Ord. 96-082 §1 on 11/13/1996 Amended by Ord. 97-017 §1 on 3/12/1997 Amended by Ord. 97-003 §1 on 6/4/1997 Amended by Ord. 97-078 §5 on 12/31/1997 Amended by Ord. 2001-037 §1 on 9/26/2001 Amended by Ord. 2001-044 §2 on 10/10/2001 Amended by Ord. 2001-033 §2 on 10/10/2001 Amended by Ord. 2001-048 §1 on 12/10/2001 Amended by Ord. 2003-028 §1 on 9/24/2003 Amended by Ord. 2004-001 §1 on 7/14/2004 Amended by Ord. 2004-024 §1 on 12/20/2004 Amended by Ord. 2005-041 §1 on 8/24/2005 Amended by Ord. 2006-008 §1 on 8/29/2006 Amended by Ord. 2007-019 §1 on 9/28/2007 Amended by Ord. 2007-020 §1 on 2/6/2008 Amended by Ord. 2007-005 §1 on 2/28/2008 Amended by Ord. 2008-015 §1 on 6/30/2008 Amended by Ord. 2008-007 §1 on 8/18/2008 Amended by Ord. 2010-018 §3 on 6/28/2010 Amended by Ord. 2010-022 §1 on 7/19/2010 Amended by Ord. 2011-009 §1 on 10/17/2011 Amended by Ord. Amended by Ord. Amended by Ord. Amended by Ord. Amended by Ord. Amended by Ord. Amended by Ord. Amended by Ord. Amended by Ord. Repealed by Ord. Amended by Ord. Amended by Ord. Amended by Ord. Amended by Ord. Amended by Ord. Amended by Ord. Amended by Ord. Amended by Ord. Amended by Ord. Amended by Ord. 2012-004 §1 on 4/16/2012 2012-007 §1 on 5/2/2012 2013-008 §1 on 7/5/2013 2014-009 §1 on 8/6/2014 2015-004 §1 on 4/22/2015 2016-015 §1 on 7/1/2016 2016-026 §1 on 11/9/2016 2016-006 §1 on 2/27/2017 2017-015 §1 on 11/1/2017 2018-005 §8 on 10/10/2018 2018-006 §4 on 11/20/2018 2019-010 §1 on 5/8/2019 2019-016 §1 on 2/24/2020 2020-001 §1 on 4/21/2020 2020-010 §1 on 7/3/2020 2020-007 §7 on 10/27/2020 2021-013 §3 on 4/5/2022 2022-014 §1 on 4/4/2023 2023-001 §2 on 5/30/2023 2024-008 §2 on 10/9/2024 Exhibit C 18.16.023 Lawfully Established Dwelling Replacement A lawfully established dwelling may be altered, restored or replaced under DCC 18.16.020(J) above if: A. The dwelling to be altered, restored or replaced: 1. Has, or formerly had: a. Intact exterior walls and roof structure; b. Indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system; c. Interior wiring for interior lights; and d. A heating system; and B. Unless the value of the dwelling was eliminated as a result of destruction or demolition, the dwelling was assessed as a dwelling for purposes of ad valorem taxation since the later of: 1. The date that the dwelling was erected upon or fixed to the land and became subject to property tax assessment; or 2. Five years before the date of the application; or 3. The date that the dwelling was erected upon or fixed to the land and became subject to property tax assessment; or 4. If the value of the dwelling was eliminated as a result of destruction or demolition, the dwelling was assessed as a dwelling for purposes of ad valorem taxation prior to the destruction or demolition and since the later of: a. Five years before the date of the destruction or demolition; or b. The date that the dwelling was erected upon or fixed to the land and became subject to property tax assessment. C. For replacement of a lawfully established dwelling under this section: 1. The dwelling to be replaced must be removed, demolished or converted to an allowable nonresidential use within three months after the date the replacement dwelling is certified for occupancy pursuant to ORS 455.055. 2. The replacement dwelling: a. May be sited on any part of the same lot or parcel. b. Must comply with applicable siting standards. However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling. c. Must comply with the construction provisions of section R327 of the Oregon Residential Specialty Code, if: i. The dwelling is in an area identified as extreme or high wildfire risk on the statewide map of wildfire risk described in ORS 477.490; or ii. No statewide map of wildfire risk has been adopted. D. As a condition of approval, if the dwelling to be replaced is located on a portion of the lot or parcel that is not zoned for exclusive farm use, the applicant shall execute and cause to be recorded in the deed records of the county in which the property is located a deed restriction prohibiting the siting of another dwelling on that portion of the lot or parcel. The restriction imposed is irrevocable unless the county planning director, or the director's designee, places a statement of release in the deed records of the county to the effect that the provisions of this section and either ORS 215.213 or 215.283 regarding replacement dwellings have changed to allow the lawful siting of another dwelling. E. If an applicant is granted a deferred replacement permit under this section: 1. The deferred replacement permit: a. Does not expire but the permit becomes void unless the dwelling to be replaced is removed or demolished within three months after the deferred replacement permit is issued; and b. May not be transferred, by sale or otherwise, except by the applicant to the spouse or a child of the applicant. 2. The replacement dwelling must comply with applicable building codes, plumbing codes, sanitation codes and other requirements relating to health and safety or to siting at the time of construction. F. An application under this section must be filed within three years following the date that the dwelling last possessed all the features listed under subsection (A)(1) of this section. G. Construction of a replacement dwelling approved under this section must commence no later than four years after the approval of the application under this section becomes final. A lawfully established-dwetl+ng may be a4tered, restored or replaced under DCC 18.16.020(1) above if, when an application for a permit is submitted, the County finds to its satisfaction, based on substantial evidence that: permit is submitted: 1. The dwelling has, or formerly had: a. Intact exterior walls and roof structure; b. Indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary wa-te disposal system; c. Interior wiring for interior lights; following when an application for a permit is submitted: of the following conditions: a. If the dwelling was removed, destroyed or demolished: 1. The dwelling's tax lot does not have a lien for delinquent ad valorem taxes; and 2. Any removal, destruction or demolition occurred on or after January 1, 1973: for occupancy or constitutes a-r a4aac*v-n:isatce, the dwelling's tax lot does not have a lien for delinquent ad valorem taxes; or c n rl II' t d 'b .d ' la ph (a) or (b) of this Nh .. 7 -.r-.br-.N assessed as a dwelling for purposes of ad valorem taxation: 1. For the previous five property tax years: or 2. From the time when the dwelling was erected upon or affixed to the land and became subject to assessment as described in ORS 307.010 Definitions of "land" and "real property" for state property tax laws). R [ I + f 1 f II tahl' hod .dwelling u nder DCC 1 Q 1 mn! I). r 1. Thc dwelling to be replaced must be removed, demolished or converted to an allowable nonresidential use: a. Within one year after the date the replacement dwelling is certified for ++ ORS n55 055 elDCC Chaptor of disrepair that the structure is unsafe for occupancy or constitutes arf attractive nuisance, on or before a date set by the County that is not Tess than 90 days after the replacement permit is issued; and the applicant must first obtain approval from the County for the new location. that the dwelling to be replaced has been removed, demolished or converted. 3. Dccd Restrictions. a. As a condition of approval, if the dwelling to be replaced is located on a portion of the lot or parcel that is not zoned for exclusive farm use, the applicant shall execute and cause to be recorded in the deed records of the County a deed restriction prohibiting the siting of another dwelling on that portion of the lot or parcel. b. Thc restriction imposed is irrevocable unless the County Planning Director, or the Director's designee, places a statement of release in the deed records of the County to the effect that the provisions of 2019 Oregon Laws, chapter 440, section 1 and ORS 215.283 regarding replacement dwellings have changed to allow the lawful siting of another dwelling. 4. The replacement dwelling: a. Must comply with applicable siting standards such mi„imum sctbaclks However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling. b. Must comply with applicable building codes, plumbing codes, sanitation codes and other requirements related to health and safety or to siting at the time of construction. However, the standards may not be applied in a manner that prohibits the siting of thc replacement dwelling. 5. The replacement dwelling must be sited on the same lot or parcel: , river, property line, forest boundary or another natural boundary of the lot or parcel; and land in thc ar -a, within a concentration or cluster of structures or within 500 yards of another structure. A I t d lli er •+that ed , rider DC(' 1Q 16 020( replaced: 1 [ I h d th f + el'hurl in DCC 18 1 c 023(A)(1)(a) through(d); or h I t h' t + +h ti a to act l mi+r of ORS 21 C A_117 7 n + ridencc over u ndyer DCC 1-8.116.080 &r 1-8.116,09O4s not eligible for replacement under this section. HISTORY Adopted by Ord. 2014-010 §1 on 4/28/2014 Amended by Ord. 2021-013 §4 on 4/5/2022 Amended by Ord. 2024-008 §3 on 10/9/2024 18.16.030 Conditional Uses Permitted; High Value And Non -High Value Farmland The following uses may be allowed in the Exclusive Farm Use zones on either high value farmland or non - high value farmland subject to applicable provisions of the Comprehensive Plan, DCC 18.16.040 and 18.16.050, and other applicable sections of DCC Title 18. A. Nonfarm dwelling. B. Lot of record dwelling. C. Subject to the standards of ORS 215.296, rResidential home or facility, as defined in DCC 18.04.030, in existing dwellings. D. A hardship dwelling, as described in DCC 18.16.050(H). E. Commercial activities that are in conjunction with farm use, but not including the processing of farm crops as described in DCC 18.16.025. F. Operations conducted for: Mining and processing of geothermal resources as defined by ORS 522.005, and Mining and processing of natural gas or oil as defined by ORS 520.005, not otherwise permitted under DCC 18.16.020. G. Expansion of an existing private park, playground, hunting and fishing preserve and campground on the same tract as the existing use. H. Public park and playground consistent with the provisions of ORS 195.120, and including only the uses specified under OAR 660-034-0035 or 660-034-0040, whichever is applicable. I. Community centers owned by a governmental agency or a nonprofit organization and operated primarily by and for residents of the local rural community. 1. A community center authorized under this section may provide services to veterans, including but not limited to emergency and transitional shelter, preparation and service of meals, vocational and educational counseling and referral to local, state or federal agencies providing medical, mental health, disability income replacement and substance abuse services, only in a facility that is in existence on January 1, 2006. 2. The services may not include direct delivery of medical, mental health, disability income replacement or substance abuse services. J. Transmission towers over 200 feet in height. K. Commercial utility facility, including a hydroelectric facility (in accordance with DCC 18.116.130 and 18.128.260, and OAR 660-033-0130), for the purpose of generating power for public use by sale, not including wind power generation facilities. L. Personal use airport for airplanes and helicopter pads, including associated hangar, maintenance and service facilities. A personal use airport as used in DCC 18.16.030 means an airstrip restricted, except for aircraft emergencies, to use by the owner, and, on an infrequent and occasional basis, by invited guests, and by commercial aviation activities in connection with agricultural operations. M. Home Occupation, subject to DCC 18.116.280. 1. The home occupation shall: a. be operated substantially in the dwelling or other buildings normally associated with uses permitted in the EFU zone; b. be operated by a resident or employee of a resident of the property on which the business is located; and c. employ on the site no more than five full-time or part-time persons. 2. The home occupation shall not unreasonably interfere with other uses permitted in the EFU zone. N. A facility for the primary processing of forest products, provided that such facility is found to not seriously interfere with accepted farming practices and is compatible with farm uses described in ORS 213.203(2). 1. The primary processing of a forest product, as used in DCC 18.16.030, means the use of a portable chipper or stud mill or other similar methods of initial treatment of a forest product in order to enable its shipment to market. 2. Forest products, as used in DCC 18.16.030, means timber grown upon a parcel of land or contiguous land where the primary processing facility is located. O. Construction of additional passing and travel lanes requiring the acquisition of right of way, but not resulting in the creation of new land parcels. P. Reconstruction or modification of public roads and highways involving the removal or displacement of buildings, but not resulting in the creation of new land parcels. Q. Improvement of public road and highway -related facilities such as maintenance yards, weigh stations and rest areas, where additional property or right of way is required, but not resulting in the creation of new land parcels. R. The propagation, cultivation, maintenance and harvesting of aquatic species that are not under the jurisdiction of the State Fish and Wildlife Commission or insect species. 1. Insect species shall not include any species under quarantine by the State Department of Agriculture or the United States Department of Agriculture. 2. The county shall provide notice of all applications under this section to the State Department of Agriculture. 3. Notice shall be provided in accordance with DCC Title 22, but shall be mailed at least 20 calendar days prior to any administrative decision or initial public hearing on the application. S. Room and board arrangements for a maximum of five unrelated persons in an existing residence. If approved, this use is subject to the recording of the statement listed in DCC 18.16.020(1)(1). T. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland. U Roads, highways and other transportation facilities, and improvements not otherwise allowed under DCC 18.16, if an exception to Goal 3, Agricultural Lands, and to any other applicable goal is first granted under state law. Transportation uses and improvements may be authorized under conditions and standards as set forth in OAR 660-012-0035 and 660-012-0065. V. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. W. A living history museum. X. Operations for the extraction and bottling of water. Y. Transportation improvements on rural lands allowed by OAR 660-012-0065. Z. Expansion of existing county fairgrounds and activities relating to county fairgrounds governed by county fair boards established pursuant to ORS 565.210. AA. Extended outdoor mass gatherings, subject to DCC 8.16. AB. A landscape contracting business, as defined in ORS 671.520, or a business providing landscape architecture services, as described in ORS 671.318, if the business is pursued in conjunction with the growing and marketing of nursery stock on the land that constitutes farm use. AC. Wind power generation facilities as commercial utility facilities for the purpose of generating power for public use by sale, subject to OAR 660-033-0130. AD. Photovoltaic solar power generation facilities as commercial utility facilities for the purpose of generating power for public use by sale, subject to OAR 660-033-0130. On high -value farmland only, photovoltaic solar power generation facilities are subject to the provisions in ORS 215.447. AE. Commercial dog boarding kennel, or dog training classes or testing trials that exceed the standards under DCC 18.16.025(K), subject to DCC 18.16.040(A)(1 and 2). AF. Equine and equine -affiliated therapeutic and counseling activities, provided: 1. The activities are conducted in existing buildings that were lawfully constructed on the property before the effective date of January 1, 2019 or in new buildings that are accessory, incidental and subordinate to the farm use on the tract; and 2. All individuals conducting therapeutic or counseling activities are acting within the proper scope of any licenses required by the state. HISTORY Adopted by Ord. PL-15 on 11/1/1979 Amended by Ord. 83-028 §1 on 6/1/1983 Amended by Ord. 86-018 §3 on 6/30/1986 Amended by Ord. 87-013 §1 on 6/10/1987 Amended by Ord. 90-018 §1 on 5/16/1990 Amended by Ord. 90-014 §§23 and 31 on 7/12/1990 Amended by Ord. 91-005 §5 on 3/4/1991 Amended by Ord. 91-014 §1 on 3/13/1991 Amended by Ord. 91-020 §1 on 5/29/1991 Amended by Ord. 91-038 §2 on 9/30/1991 Amended by Ord. 92-065 §3 on 11/25/1992 Amended by Ord. 94-008 §9 on 6/8/1994 Amended by Ord. 95-007 §11 on 3/1/1995 Amended by Ord. 95-025 §1 on 3/3/1995 Amended by Ord. 98-030 §1 on 5/13/1998 Amended by Ord. 2001-016 §2 on 3/28/2001 Amended by Ord. 2001-039 §1 on 12/12/2001 Amended by Ord. 2004-001 §2 on 7/14/2004 Amended by Ord. 2008-001 §2 on 5/6/2008 Amended by Ord. 2009-014 §1 on 6/22/2009 Amended by Ord. 2012-007 §2 on 5/2/2012 Amended by Ord. 2014-010 §1 on 4/28/2014 Amended by Ord. 2018-006 §5 on 11/20/2018 Amended by Ord. 2021-013 §4 on 4/5/2022 Amended by Ord. 2024-008 §3 on 10/9/2024 Exhibit D 18.32.020 Uses Permitted Outright The following uses and their accessory uses are permitted outright: A. Agricultural uses as defined in DCC Title 18. B. A single family dwelling, or a manufactured home subject to DCC 18.116.070. C. Propagation or harvesting of a forest product. D. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. E. Class III road or street project. F. Noncommercial horse stables, excluding horse events. G. Horse events, including associated structures, involving: 1. Fewer than 10 riders; 2. Ten to 25 riders, no more than two times per month on nonconsecutive days; or 3. More than 25 riders, no more than two times per year on nonconsecutive days. Incidental musical programs are not included in this definition. Overnight stays by participants, trainers or spectators in RVs on the premises is not an incident of such horse events. H. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. I. Type 1 Home Occupation, subject to DCC 18.116.280. J. Accessory Dwelling Units, subject to DCC 18.116.350. K_Residential Accessory Dwelling Units, subject to DCC 18.116.355. lL. Residential home. HISTORY Adopted by Ord. PL-15 on 11/1/1979 Amended by Ord. 91-002 §6 on 2/6/1991 Amended by Ord. 91-005 §18 on 3/4/1991 Amended by Ord. 91-020 §1 on 5/29/1991 Amended by Ord. 91-038 §1 on 9/30/1991 Amended by Ord. 93-001 §1 on 1/27/1993 Amended by Ord. 93-043 §4 on 8/25/1993 Amended by Ord. 94-008 §10 on 6/8/1994 Amended by Ord. 2001-016 §2 on 3/28/2001 Amended by Ord. 2001-039 §2 on 12/12/2001 Amended by Ord. 2004-002 §3 on 4/28/2004 Amended by Ord. 2019-009 §1 on 9/3/2019 Recorded by Ord. 2019-009 §1 on 9/3/2019 Adopted by Ord. 2023-014 §1 on 12/1/2023 Amended by Ord. 2024-008 §4 on 10/9/2024 Exhibit E CHAPTER 18.36 FOREST USE ZONE; F-1 18.36.010 Purpose 18.36.020 Uses Permitted Outright 18.36.025 Lawfully Established Dwelling Replacement 18.36.030 Conditional Uses Permitted 18.36.040 Limitations On Conditional Uses 18.36.050 Standards For Single -Family Dwellings 18.36.060 Siting Of Dwellings And Structures 18.36.070 Fire Siting Standards For Dwellings And Structures 18.36.080 Fire Safety Design Standards For Roads 18.36.085 Stocking Requirement 18.36.090 Dimensional Standards 18.36.100 Yards And Setbacks 18.36.110 Stream Setbacks 18.36.120 State Law Controls 18.36.130 Rimrock Setbacks 18.36.140 Restrictive Covenants 18.36.020 Uses Permitted Outright The following uses and their accessory uses are permitted outright, subject to applicable siting criteria set forth in DCC 18.36 and any other applicable provisions of DCC Title 18. A. Forest operations or forest practices including, but not limited to, reforestation of forest land, road construction and maintenance, harvesting of a forest tree species, application of chemicals and disposal of slash, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4. B. Temporary on -site structures, that are auxiliary to and used during the term of a particular forest operation, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4. As used here, temporary structures are those which are portable and/or not placed on a permanent foundation, and which are removed at the conclusion of the forest operation requiring its use. For the purposes of this section, including DCC 18.36.020(B) and (C) "auxiliary" means a use or alteration of a structure or land, that provides help or is directly associated with the conduct of a particular forest practice. An auxiliary structure is located on site, temporary in nature, and is not designed to remain for the forest's entire growth cycle from planting to harvesting. An auxiliary use is removed when a particular forest practice has concluded. C. Physical alterations to the land auxiliary to forest practices including, but not limited to, those made for purposes of exploration, mining, commercial gravel extraction and processing, land disposal sites, dams, reservoirs, road construction or recreational facilities, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4). Gravel extraction and processing not covered by DCC 18.36.020 is governed by DCC 18.52. D. Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources. E. Farm use as defined in ORS 215.203. F. Local distribution lines (e.g., electric, telephone, natural gas, etc.) and accessory equipment (e.g., electric distribution transformers, poles, meter cabinets, terminal boxes, pedestals), or equipment that provides service hookups, including water service hookups. G. Temporary portable facility for the primary processing of forest products. The facility shall not be placed on a permanent foundation and shall be removed at the conclusion of the forest operation requiring its use. H. Exploration for mineral and aggregate resources as defined in ORS 517. I. Towers and fire stations for forest fire protection. J. Widening of roads within existing rights of way in conformance with the transportation element of the comprehensive plan including public road and highway projects as described in ORS 215.283(1). K. Water intake facilities, canals and distribution lines for farm irrigation and ponds. L. Uninhabitable structures accessory to fish and wildlife enhancement. M. A lawfully established dwelling may be altered, restored or replaced, subject to DCC 18.36.025. Alteration, restoration or replacement of a lawfully established dwelling that: sanitary waste disposal system; P. Has interior wiring for interior lights; Q. Has a heating system; and PM. In the case of replacement, is removed, demolished or converted to an allowable use within three months of completion of the replacement dwelling. S N.An outdoor mass gathering as defined in ORS 433.735 or other gathering of fewer than 3,000 persons that is not anticipated to continue for more than 120 hours in any three-month period is not a "land use decision" as defined in ORS 197.015(10) or subject to review under OAR 660-006. HISTORY Adopted by Ord. PL-15 on 11/1/1979 Amended by Ord. 91-002 §8 on 2/6/1991 Amended by Ord. 92-025 §2 on 4/15/1991 Amended by Ord. 91-020 §1 on 5/29/1991 Amended by Ord. 94-038 §1 on 10/5/1994 Amended by Ord. 2003-007 §1 on 3/26/2003 Amended by Ord. 2012-007 §3 on 5/2/2012 Amended by Ord. 2023-001 §5 on 5/30/2023 Amended by Ord. 2024-008 §5 on 10/9/2024 18.36.025 Lawfully Established Dwelling Replacement A lawfully established dwelling may be altered, restored or replaced under DCC 18.36.020(M) above if: A. The dwelling to be altered, restored or replaced: 1. Has, or formerly had: a. Intact exterior walls and roof structure; b. Indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system; c. Interior wiring for interior lights; and d. A heating system; and B. Unless the value of the dwelling was eliminated as a result of destruction or demolition, the dwelling was assessed as a dwelling for purposes of ad valorem taxation since the later of: 1. The date that the dwelling was erected upon or fixed to the land and became subject to property tax assessment; or 2. Five years before the date of the application; or 3. The date that the dwelling was erected upon or fixed to the land and became subject to property tax assessment; or 4. If the value of the dwelling was eliminated as a result of destruction or demolition, the dwelling was assessed as a dwelling for purposes of ad valorem taxation prior to the destruction or demolition and since the later of: a. Five years before the date of the destruction or demolition; or b. The date that the dwelling was erected upon or fixed to the land and became subject to property tax assessment. C. For replacement of a lawfully established dwelling under this section: 1. The dwelling to be replaced must be removed, demolished or converted to an allowable nonresidential use within three months after the date the replacement dwelling is certified for occupancy pursuant to ORS 455.055. 2. The replacement dwelling: a. May be sited on any part of the same lot or parcel. b. Must comply with applicable siting standards. However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling. c. Must comply with the construction provisions of section R327 of the Oregon Residential Specialty Code, if: i. The dwelling is in an area identified as extreme or high wildfire risk on the statewide map of wildfire risk described in ORS 477.490; or ii. No statewide map of wildfire risk has been adopted. D. As a condition of approval, if the dwelling to be replaced is located on a portion of the lot or parcel that is not zoned for exclusive farm use, the applicant shall execute and cause to be recorded in the deed records of the county in which the property is located a deed restriction prohibiting the siting of another dwelling on that portion of the lot or parcel. The restriction imposed is irrevocable unless the county planning director, or the director's designee, places a statement of release in the deed records of the county to the effect that the provisions of this section and either ORS 215.213 or 215.283 regarding replacement dwellings have changed to allow the lawful siting of another dwelling. E. If an applicant is granted a deferred replacement permit under this section: 1. The deferred replacement permit: a. Does not expire but the permit becomes void unless the dwelling to be replaced is removed or demolished within three months after the deferred replacement permit is issued; and b. May not be transferred, by sale or otherwise, except by the applicant to the spouse or a child of the applicant. 2. The replacement dwelling must comply with applicable building codes, plumbing codes, sanitation codes and other requirements relating to health and safety or to siting at the time of construction. F. An application under this section must be filed within three years following the date that the dwelling last possessed all the features listed under subsection (A)(1) of this section. G. Construction of a replacement dwelling approved under this section must commence no later than four years after the approval of the application under this section becomes final. HISTORY Adopted by Ord. 2024-008 §5 on 10/9/2024 18.36.070 Fire Siting Standards For Dwellings And Structures The following fire siting standards shall apply to all new dwellings and permanent structures (including permitted uses), except as otherwise noted: A. Access 1. If a water supply, such as a swimming pool, pond, stream or lake, is available and suitable for fire protection or is required under DCC 18.36.070, then road access to within 15 feet of the water's edge shall be provided for pumping units. The road access shall be constructed and maintained to accommodate the maneuvering of fire fighting equipment during the fire season. Permanent signs shall be posted along the access route to indicate the location of the emergency water source. 2. Road access to the dwelling or structure shall meet the road design standards described in DCC 18.36.080. B. Firebreaks. The owners of dwellings and structures shall construct and maintain the following firebreaks on land surrounding the structures that is owned or controlled by the owner: 1. Primary Firebreak. Prior to use, a primary firebreak, not less than 10 feet wide, shall be constructed containing nonflammable materials. This may include lawn, walkways, driveways, gravel borders or other similar materials. 2. Secondary Firebreak. A secondary firebreak of not less than 20 feet shall be constructed outside the primary firebreak. This firebreak need not be bare ground, but can include a lawn, ornamental shrubbery or individual or groups of trees separated by a distance equal to the diameter of the crowns adjacent to each other, or 15 feet, whichever is greater. All trees shall be pruned to at least eight feet in height. Dead fuels shall be removed. 3. Fuel Break. A fuel break shall be maintained, extending a minimum of 100 feet in all directions around the secondary firebreak. Individual and groups of trees within the fuel break shall be separated by a distance equal to the diameter of the crowns adjacent to each other, or 15 feet, whichever is greater. Small trees and brush growing underneath larger trees shall be removed to prevent spread of fire up into the crowns of the larger trees. All trees shall be pruned to at least eight feet in height. Dead fuels shall be removed. The fuel break shall be completed prior to the beginning of the coming fire season. 4. No portion of a tree or any other vegetation shall extend to within 15 feet of the outlet of a stovepipe or chimney. C. Caretaker residences and private accommodations for fishing shall not be located on hillsides steeper than 30 percent and containing flammable fuels. A single family dwelling shall not be sited on a slope greater than 40 percent. D. The applicant for a single-family dwelling, caretaker residence or private accommodations for fishing shall obtain an address from the County address coordinator and shall display that number in a location of the property that is clearly visible from the road used as the basis for numbering. The numbers shall not be less than three inches in height, shall be painted in a contrasting or visible color and shall comply with all other applicable standards for signs. E. Structural Standards. 1. All dwellings and structures shall use noncombustible or fire resistant roofing materials. This means roofing material identified as Class A, B or C in the Oregon Residential Specialty CodeOrcgon Uniform Building Cod°. Roof sprinklers are not an acceptable alternative to this standard. 2. If the dwelling or structure has a chimney, it shall have a spark arrester. F. Fire Protection. Single-family dwellings, caretaker residences and private accommodations for fishing shall be located upon a parcel for which fire protection services are available or where alternative protective measures are authorized by DCC 18.36.070(F). 1. For the purposes of DCC 18.36.070 fire protection services are available if the parcel is located within the boundaries of a fire protection district or residential fire protection service is provided by contract, as evidenced by a written, signed contract. 2. If the dwelling or structure is not within a fire protection district, the applicant shall provide evidence that the applicant has asked to be included in the nearest such district. 3. If the parcel is not located within a fire protection district and it is determined, following application for inclusion within the nearest such district, that inclusion in the district would be impracticable, alternative means of fire protection shall be allowed, consistent with the following standards: a. The dwelling or structure shall be equipped with a residential fire sprinkler system. For caretaker residences or single-family residences, such a sprinkler system shall be installed to the minimum requirements of NFPA 13D "Standards for the Installation of Sprinkler Systems in One and Two -Family Dwellings." b. The dwelling shall have on -site water storage capability from a swimming pool, pond, lake, or similar water body of at least 4,000 gallons or a stream having a continuous year round flow of at least one cubic foot per second. The applicant shall provide verification from the Water Resources Department that any permits or registrations required for water diversions have been obtained or that such permits or registrations are not required under state law for the use. HISTORY Adopted by Ord. 92-025 §2 on 4/15/1991 Amended by Ord. 94-038 §1 on 10/5/1994 Amended by Ord. 2003-007 §1 on 3/26/2003 Amended by Ord. 2004-013 §3 on 9/21/2004 Amended by Ord. 2024-008 §5 on 10/9/2024 Exhibit F CHAPTER 18.40 FOREST USE ZONE; F-2 18.40.010 Purpose 18.40.020 Uses Permitted Outright 18.40.025 Lawfully Established Dwelling Replacement 18.40.030 Conditional Uses Permitted 18.40.040 Limitations On Conditional Uses 18.40.050 Standards For Single -Family Dwellings 18.40.060 Siting Of Dwellings And Structures 18.40.070 Fire Siting Standards For Dwellings And Structures 18.40.080 Fire Safety Design Standards For Roads 18.40.085 Stocking Requirement 18.40.090 Dimensional Standards 18.40.100 Yards And Setbacks 18.40.110 Stream Setbacks 18.40.120 State Law Controls 18.40.130 Rimrock Setback 18.40.020 Uses Permitted Outright The following uses and their accessory uses are permitted outright, subject to applicable siting criteria set forth in DCC 18.40 and any other applicable provisions of DCC Title 18: A. Forest operations or forest practices including, but not limited to, reforestation of forest land, road construction and maintenance, harvesting of a forest tree species, application of chemicals and disposal of slash, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4. B. Temporary on -site structures that are auxiliary to and used during the term of a particular forest operation, subject to the Forest Practices Act (ORS Chapter 527) and Goal 4. As used here, temporary structures are those which are portable and/or not placed on a permanent foundation, and which are removed at the conclusion of the forest operation requiring its use. For the purposes of this section, including DCC 18.36.020(B) and (C) "auxiliary" means a use or alteration of a structure or land that provides help or is directly associated with the conduct of a particular forest practice. An auxiliary structure is located on site, temporary in nature, and is not designed to remain for the forest's entire growth cycle from planting to harvesting. An auxiliary use is removed when a particular forest practice has concluded. C. Physical alterations to the land auxiliary to forest practices including, but not limited to, those made for purposes of exploration, mining, commercial gravel extraction and processing, land disposal sites, dams, reservoirs, road construction or recreational facilities, subject to the Forest Practices Act (ORS Chapter 527 and Goal 4). Gravel extraction and processing not covered by DCC 18.40.020 is governed by DCC 18.52. D. Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources. E. Farm use as defined in ORS 215.203. F. Local distribution lines (e.g., electric, telephone, natural gas, etc.) and accessory equipment (e.g., electric distribution transformers, poles, meter cabinets, terminal boxes, pedestals), or equipment that provides service hookups, including water service hookups. G. Temporary portable facility for the primary processing of forest products. The facility shall not be placed on a permanent foundation and shall be removed at the conclusion of the forest operation requiring its use. H. Exploration for mineral and aggregate resources as defined in ORS 517. I. Towers and fire stations for forest fire protection. J. Widening of roads within existing rights of way in conformance with the transportation element of the comprehensive plan including public road and highway projects as described in ORS 215.283(1). K. Water intake facilities, canals and distribution lines for farm irrigation and ponds. L. Uninhabitable structures accessory to fish and wildlife enhancement. M. M. A lawfully established dwelling may be altered, restored or replaced, subject to DCC 18.40.025. Alteration, restoration or replacement of a lawfully established dwelling that: H t- + oxterior4. alis nd roof £true+ure; f kit 4 L+ it + d l thing f- iliti + d Hac indoor plumbing consisting , ro„e�-a��;-rr�-a�;.,�a to a sanitary waste disposal system; �. Has a heating system; and In the case of replacement, is removed, demolished or converted to an allowable use within three months of completion of the replacement dwelling. N. An outdoor mass gathering as defined in ORS 433.735 or other gathering of fewer than 3,000 persons that is not anticipated to continue for more than 120 hours in any three-month period is not a "land use decision" as defined in ORS 197.015(10) or subject to review under OAR 660-006. HISTORY Adopted by Ord. PL-15 on 11/1/1979 Amended by Ord. 91-002 §9 on 2/6/1991 Amended by Ord. 91-005 §21 on 3/4/1991 Amended by Ord. 92-025 §3 on 4/15/1991 Amended by Ord. 91-020 §1 on 5/29/1991 Amended by Ord. 94-038 §2 on 10/5/1994 Amended by Ord. 2003-007 §2 on 3/26/2003 Amended by Ord. 2012-007 §4 on 5/2/2012 Amended by Ord. 2023-001 §6 on 5/30/2023 Amended by Ord. 2024-008 §6 on 10/9/2024 18.40.025 Lawfully Established Dwelling Replacement A lawfully established dwelling may be altered, restored or replaced under DCC 18.40.020(M) above if: A. The dwelling to be altered, restored or replaced: 1. Has, or formerly had: a. Intact exterior walls and roof structure; b. Indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system; c. Interior wiring for interior lights; and d. A heating system; and B. Unless the value of the dwelling was eliminated as a result of destruction or demolition, the dwelling was assessed as a dwelling for purposes of ad valorem taxation since the later of: 1. The date that the dwelling was erected upon or fixed to the land and became subject to property tax assessment; or 2. Five years before the date of the application; or 3. The date that the dwelling was erected upon or fixed to the land and became subject to property tax assessment; or 4. If the value of the dwelling was eliminated as a result of destruction or demolition, the dwelling was assessed as a dwelling for purposes of ad valorem taxation prior to the destruction or demolition and since the later of: a. Five years before the date of the destruction or demolition; or b. The date that the dwelling was erected upon or fixed to the land and became subject to property tax assessment. C. For replacement of a lawfully established dwelling under this section: 1. The dwelling to be replaced must be removed, demolished or converted to an allowable nonresidential use within three months after the date the replacement dwelling is certified for occupancy pursuant to ORS 455.055. 2. The replacement dwelling: a. May be sited on any part of the same lot or parcel. b. Must comply with applicable siting standards. However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling. c. Must comply with the construction provisions of section R327 of the Oregon Residential Specialty Code, if: i. The dwelling is in an area identified as extreme or high wildfire risk on the statewide map of wildfire risk described in ORS 477.490; or ii. No statewide map of wildfire risk has been adopted. D. As a condition of approval, if the dwelling to be replaced is located on a portion of the lot or parcel that is not zoned for exclusive farm use, the applicant shall execute and cause to be recorded in the deed records of the county in which the property is located a deed restriction prohibiting the siting of another dwelling on that portion of the lot or parcel. The restriction imposed is irrevocable unless the county planning director, or the director's designee, places a statement of release in the deed records of the county to the effect that the provisions of this section and either ORS 215.213 or 215.283 regarding replacement dwellings have changed to allow the lawful siting of another dwelling. E. If an applicant is granted a deferred replacement permit under this section: 1. The deferred replacement permit: a. Does not expire but the permit becomes void unless the dwelling to be replaced is removed or demolished within three months after the deferred replacement permit is issued; and b. May not be transferred, by sale or otherwise, except by the applicant to the spouse or a child of the applicant. 2. The replacement dwelling must comply with applicable building codes, plumbing codes, sanitation codes and other requirements relating to health and safety or to siting at the time of construction. F. An application under this section must be filed within three years following the date that the dwelling last possessed all the features listed under subsection (A)(1) of this section. G. Construction of a replacement dwelling approved under this section must commence no later than four years after the approval of the application under this section becomes final. HISTORY Adopted by Ord. 2024-008 §6 on 10/9/2024 18.40.070 Fire Siting Standards For Dwellings And Structures The following fire siting standards shall apply to all new dwellings and permanent structures (including permitted uses): A. Access. 1. If a water supply, such as a swimming pool, pond, stream or lake, is available and suitable for fire protection or is required under DCC 18.40.070, then road access to within 15 feet of the water's edge shall be provided for pumping units. The road access shall be constructed and maintained to accommodate the maneuvering of fire fighting equipment during the fire season. Permanent signs shall be posted along the access route to indicate the location of the emergency water source. 2. Road access to the dwelling or structure shall meet the road design standards described in DCC 18.40.080. B. Firebreaks. The owners of dwellings and structures shall construct and maintain the following firebreaks on land surrounding the structures that is owned or controlled by the owner: 1. Primary Firebreak. Prior to use, a primary firebreak, not less than 10 feet wide, shall be constructed containing nonflammable materials. This may include lawn, walkways, driveways, gravel borders or other similar materials. 2. Secondary Firebreak. A secondary firebreak of not less than 20 feet shall be constructed outside the primary firebreak. This firebreak need not be bare ground, but can include a lawn, ornamental shrubbery or individual or groups of trees separated by a distance equal to the diameter of the crowns adjacent to each other, or 15 feet, whichever is greater. All trees shall be pruned to at least eight feet in height. Dead fuels shall be removed. 3. Fuel Break. A fuel break shall be maintained, extending a minimum of 100 feet in all directions around the secondary firebreak. Individual and groups of trees within the fuel break shall be separated by a distance equal to the diameter of the crowns adjacent to each other, or 15 feet, whichever is greater. Small trees and brush growing underneath larger trees shall be removed to prevent spread of fire up into the crowns of the larger trees. All trees shall be pruned to at least eight feet in height. Dead fuels shall be removed. The fuel break shall be completed prior to the beginning of the coming fire season. 4. No portion of a tree or any other vegetation shall extend to within 15 feet of the outlet of a stovepipe or chimney. C. Caretaker residences and private accommodations for fishing shall not be located on hillsides steeper than 30 percent and containing flammable fuels. A single family dwelling shall not be sited on a slope greater than 40 percent. D. The applicant for a single-family dwelling, caretaker residence or private accommodations for fishing shall obtain an address from the County address coordinator and shall display that number in a location of the property that is clearly visible from the road used as the basis for numbering. The numbers shall not be less than three inches in height, shall be painted in a contrasting or visible color and shall comply with all other applicable standards for signs. E. Structural Standards. 1. All dwellings and structures shall use noncombustible or fire resistant roofing materials. This means roofing material identified as Class A, B or C in the Orcgon Uniform Building CodcOregon Residential Specialty Code. Roof sprinklers are not an acceptable alternative to this standard. 2. If the dwelling or structure has a chimney, it shall have a spark arrester. F. Fire Protection. Single-family dwellings, caretaker residences and private accommodations for fishing shall be located upon a parcel for which fire protection services are available or where alternative protective measures are authorized by DCC 18.40.070(F). 1. For the purposes of DCC 18.40.070 fire protection services are available if the parcel is located within the boundaries of a fire protection district or residential fire protection service is provided by contract, as evidenced by a written, signed contract. 2. If the dwelling or structure is not within a fire protection district, the applicant shall provide evidence that the applicant has asked to be included in the nearest such district. 3. If the parcel is not located within a fire protection district and it is determined, following application for inclusion within the nearest such district, that inclusion in the district would be impracticable, alternative means of fire protection shall be allowed, consistent with the following standards: a. The dwelling or structure shall be equipped with a residential fire sprinkler system. For caretaker residences or single-family residences, such a sprinkler system shall be installed to the minimum requirements of NFPA 13D "Standards for the Installation of Sprinkler Systems in One and Two -Family Dwellings." b. The dwelling shall have on -site water storage capability from a swimming pool, pond, lake, or similar water body of at least 4,000 gallons or a stream having a continuous year round flow of at least one cubic foot per second. The applicant shall provide verification from the Water Resources Department that any permits or registrations required for water diversions have been obtained or that such permits or registrations are not required under state law for the use. HISTORY Adopted by Ord. 92-025 §3 on 4/15/1991 Amended by Ord. 94-038 §2 on 10/5/1994 Amended by Ord. 2003-007 §2 on 3/26/2003 Amended by Ord. 2004-013 §4 on 9/21/2004 Amended by Ord. 2024-008 §6 on 10/9/2024 Exhibit G 18.60.020 Uses Permitted Outright The following uses and their accessory uses are permitted outright. A. A single-family dwelling, or a manufactured home subject to DCC 18.116.070. B. Utility facilities necessary to serve the area including energy facilities, water supply and treatment and sewage disposal and treatment. C. Community center, if shown and approved on the original plan or plat of the development. D. Agricultural use as defined in DCC Title 18. E. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. F. Class III road or street project. G. Noncommercial horse stables as defined in DCC Title 18, excluding horse events. H. Horse events, including associated structures, involving: 1. Fewer than 10 riders; 2. Ten to 25 riders, no more than two times per month on nonconsecutive days; or 3. More than 25 riders, no more than two times per year on nonconsecutive days. Incidental musical programs are not included in this definition. Overnight stays by participants, trainers or spectators in RVs on the premises is not an incident of such horse events. I. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. J. Type 1 Home Occupation, subject to DCC 18.116.280. K. Historic Home Accessory Dwelling Units, subject to DCC 18.116.350. L. Residential Accessory Dwelling Units, subject to DCC 18.116.355. Residential home. HISTORY Adopted by Ord. PL-15 on 11/1/1979 Amended by Ord. 91-005 §§30 & 31 on 3/4/1991 Amended by Ord. 91-020 §1 on 5/29/1991 Amended by Ord. 93-043 §8 on 8/25/1993 Amended by Ord. 94-008 §12 on 6/8/1994 Amended by Ord. 2001-016 §2 on 3/28/2001 Amended by Ord. 2001-039 §5 on 12/12/2001 Amended by Ord. 2004-002 §7 on 4/28/2004 Amended by Ord. 2019-009 §2 on 9/3/2019 Recorded by Ord. 2019-009 §2 on 9/3/2019 Adopted by Ord. 2023-014 §2 on 12/1/2023 Amended by Ord. 2024-008 §7 on 10/9/2024 Exhibit H 18.65.020 RSC; Commercial/Mixed Use District (Brothers, Hampton, Millican, Whistlestop And Wildhunt) A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright, subject to applicable provisions of this chapter: 1. Single-family dwelling. 2. Manufactured home, subject to DCC 18.116.070. 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Residential home and residential facility. 5. Two-family dwelling or duplex. 6. Agricultural uses, as defined in Title 18, and excluding livestock feed lot or sales yard, and hog or mink farms. 7. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. 8. Class III road and street project. 9. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted, subject to applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, and DCC 18.124, Site Plan Review, of this title: 1. Retail store, business office and/or commercial establishment in a building or buildings each not exceeding 4,000 square feet of floor space. The aggregate area for any one type of use that takes place in multiple buildings may not exceed 4,000 square feet. 2. Residential use in conjunction with a permitted commercial use. 3. Park or playground. 4. Community building. 5. Public or semipublic building or use. 6. Highway maintenance facility. 7. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at the same location. 8. Religious institutions or assemblies. C. Conditional Uses Permitted. The following uses and their accessory uses are permitted subject to applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, DCC 18.124, Site Plan Review, and DCC 18.128, Conditional Use, of this title: 1. Multi -family dwelling with three or more units. 2. School. 3. Cemetery. 4. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 5. Medical clinic or veterinary clinic. 6. Community Center. 7. Manufactured home park. 8. Recreational vehicle or trailer park. 9. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A). 10. Marijuana retailing, subject to the provisions of DCC 18.116.330. 11. Psilocybin service centers, subject to the provisions of DCC 18.116.380. 11.12. Residential facility. D. Yard and Setback Requirements. 1. The front yard setback shall be a minimum of 20 feet from a property line fronting on a local street right of way and 50 feet from an arterial right of way. 2. The minimum side yard setback shall be 10 feet. 3. The minimum rear yard setback shall be 20 feet. 4. The minimum side and rear yard setbacks for property that is adjacent to land zoned exclusive farm use shall be 50 feet. E. Lot Requirements. 1. Residential Uses: a. The minimum lot size for residential uses in Brothers, Hampton and Millican is 2.5 acres. b. Each lot shall have a minimum width of 200 feet. c. Each lot must be served by an on -site well. d. On -site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on -site sewage disposal rules prior to final approval of a subdivision or partition. e. Lot coverage for a dwelling and accessory buildings used primarily for residential purposes shall not exceed twenty-five (25) percent of the total lot area. Lot coverage for buildings used primarily for commercial purposes shall be determined by spatial requirements for sewage disposal, landscaping, parking, yard setbacks and any other elements under site plan review. 2. Commercial and Public Uses. a. The minimum lot size in Brothers, Hampton, Millican, Whistlestop and Wildhunt for a commercial use served by an on -site septic system and individual well shall be the size necessary to accommodate the use. b. Each lot shall have a minimum width of 150 feet. c. On -site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on -site sewage disposal rules prior to final approval of a subdivision or partition. HISTORY Adopted by Ord. 2002-002 §2 on 6/5/2002 Amended by Ord. 2002-028 §1 on 7/24/2002 Amended by Ord. 2004-002 §11 on 4/28/2004 Amended by Ord. 2015-004 §2 on 4/22/2015 Amended by Ord. 2016-015 §4 on 7/1/2016 Amended by Ord. 2018-006 §8 on 11/20/2018 Amended by Ord. 2020-001 §6 on 4/21/2020 Amended by Ord. 2022-014 §2 on 4/4/2023 Amended by Ord. 2024-008 §8 on 10/9/2024 18.65.021 Alfalfa RSC; Commercial/Mixed Use District In Alfalfa, the following uses and their accessory uses are permitted: A. Uses Permitted Outright. 1. Single-family dwelling. 2. Manufactured home, subject to DCC 18.116.070 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Residential home. 4-5. and residential Residential facility. 5-:6.Two-family dwelling or duplex. &7.Agricultural uses, as defined in Title 18, and excluding livestock feed lot or sales yard, and hog or mink farms. 7,8.Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. &9.Class III road and street project. 9,10. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted, subject to applicable provisions of this chapter, DCC 18.116, Supplementary Provisions and DCC 18.124, Site Plan Review, of this title: 1. Retail store, business office and/or commercial establishment in a building or buildings each not exceeding 4,000 square feet of floor space. The aggregate area for any one type of use that takes place in multiple buildings may not exceed 4,000 square feet. 2. Residential use in conjunction with a permitted commercial use. 3. Park or playground. 4. Community building. 5. Public or semipublic building or use. 6. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at the same location. 7. Religious institutions or assemblies. C. Conditional Uses Permitted. The following uses and their accessory uses are permitted subject to applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, DCC 18.124, Site Plan Review, and DCC 18.128, Conditional Use, of this title: 1. School. 2. Cemetery. 3. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 4. Medical clinic or veterinary clinic. 5. Community Center. 6. Recreational vehicle or trailer park. 7. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A). 8. Marijuana retailing, subject to the provisions of DCC 18.116.330. 9. Psilocybin service centers, subject to the provisions of DCC 18.116.380. D. Yard and Setback Requirements. 1. The front yard setback shall be a minimum of 20 feet from a property line fronting on a local street right of way and 50 feet from an arterial right of way. 2. The minimum side yard setback shall be 10 feet. 3. The minimum rear yard setback shall be 20 feet. 4. The minimum side and rear yard setbacks for property that is adjacent to land zoned exclusive farm use shall be 50 feet. E. Lot Requirements. The minimum lot size shall be the size necessary to accommodate the use, but not less than one acre. HISTORY Adopted by Ord. 2002-002 §2 on 6/5/2002 Amended by Ord. 2018-006 §8 on 11/20/2018 Amended by Ord. 2020-001 §6 on 4/21/2020 Amended by Ord. 2022-014 §2 on 4/4/2023 Amended by Ord. 2024-008 §8 on 10/9/2024 18.65.022 Alfalfa RSC; Residential District A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright, subject to the applicable provisions of this chapter: 1. Agricultural uses, as defined in Title 18, subject to the restrictions in DCC 18.65.021(D), and excluding livestock feed lot or sales yard, and hog or mink farms. 2. Single family dwelling, or a manufactured home subject to DCC 18.116.070. 3. Two-family dwelling or duplex. 4. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. 5. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. 6. Class III road or street project. 77.Type 1 Home Occupation, subject to DCC 18.116.280. 7,8. Residential home. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted, subject to the applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, and DCC 18.124 Site Plan Review, of this title: 1. Park or playground. 2. Community building. 3. Utility facility. 4. Religious institutions or assemblies. 5. Child care facility and/or preschool. C. Conditional Uses Permitted. The following uses and their accessory uses are permitted, subject to the applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, DCC 18.124, Site Plan Review, and DCC 18.128, Conditional Use, of this title: 1. Schools. 2. Medical clinic or veterinary clinic. 3. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 4. Bed and breakfast inn. 5. Public use. 6. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). D. Yard and Setback Requirements. 1. The front yard setback shall be a minimum of 20 feet from a property line fronting on a local street right of way and 50 feet from an arterial right of way. 2. The minimum side yard setback shall be 10 feet. 3. The minimum rear yard setback shall be 20 feet. E. Lot Requirements. 1. The minimum lot size is 5 acres. 2. The minimum average width of lots shall be 200 feet. 3. Each lot must be served by an on -site well. 4. On -site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on -site sewage disposal rules prior to final approval of a subdivision or partition. 5. Lot coverage for a dwelling and accessory buildings used primarily for residential purposes shall not exceed twenty-five (25) percent of the total lot area. Lot coverage for buildings used primarily for commercial purposes shall be determined by spatial requirements for sewage disposal, landscaping, parking, yard setbacks and any other elements under site plan review. F. Limitations on uses — RSC-Residential District. The following limitation shall apply to uses permitted in the RSC — Residential District: 1. Cows, horses, goats or sheep cannot be kept on lots having an area of less than 20,000 square feet. The total number of all such animals (other than their young under the age of six months) shall be limited to the square footage of the lot divided by 20,000 square feet, which is the minimum area per animal. 2. The number of chickens, fowl or rabbits over the age of six months shall not exceed one for each 500 square feet of land. 3. All livestock shall be located a minimum of 100 feet away from a residential building on an adjacent lot. HISTORY Adopted by Ord. 2002-002 §2 on 6/5/2002 Amended by Ord. 2002-028 §1 on 7/24/2002 Amended by Ord. 2004-002 §12 on 4/28/2004 Amended by Ord. 2020-001 §6 on 4/21/2020 Amended by Ord. 2020-010 §2 on 7/3/2020 Amended by Ord. 2024-008 §8 on 10/9/2024 Exhibit I 18.66.020 Residential (TeR) District The Terrebonne Residential District allows a mixture of housing types and densities suited to the level of available water and sewer facilities. The purpose of this district is to allow new residential development that is compatible with the rural character of the area. A. Permitted uses. The following uses and their accessory uses are permitted outright and do not require site plan review: 1. Single-family dwelling or a manufactured home subject to DCC 18.116.070. 2. Two-family dwelling. 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Agricultural uses as defined in DCC 18.04, involving: a. Keeping of cows, horses, goats, sheep or similar farm animals, provided that the total number of such animals over the age of six months is limited to the square footage of the lot or parcel divided by 20,000 square feet. b. Keeping of chickens, fowl, rabbits or similar farm animals, provided that the total number of such animals over the age of six months does not exceed one for each 500 square feet of property. 5. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.66.070 and 18.116.230. 6. Class III road or street project. 7_Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. 7 8. Residential home. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted, subject to the applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, and DCC 18.124 Site Plan Review, of this title: 1. Child care facility and/or preschool. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128: 1. Manufactured home park. 2. Multi -family dwelling complex. 3. Retirement center or nursing home. 4. Cluster development. 5. Religious institutions or assemblies. 6. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 7. Public or private school. 8. Park. 9. Public or semi-public building. 10. Utility facility. 11. Water supply or treatment facility. 12. Veterinary clinic. 13. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 14. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. 1�1.15. Residential facility. D. Lot Requirements. 1. Partitions: a. Subject to the provisions of DCC 17.36.170(A), parcels not served by an approved community, non -community or municipal water system and not served by a public sewer system, shall have a minimum width of 150 feet with a minimum parcel size of one acre. b. Subject to DCC 17.36.170 parcels served by an approved community, non - community, municipal or public water system, but not served by an approved public sewer system, shall have minimum parcel sizes as follows: 1. For a single-family dwelling, a parcel shall have a minimum width of 100 feet and a minimum parcel size of 22,000 square feet. 2. For a two-family dwelling, a parcel shall have a minimum width of 100 feet and a minimum parcel size of 33,000 square feet. c. For parcels served by an approved community, municipal or public water and sewer system, the minimum parcel sizes shall be as follows: 1. For a single-family dwelling, the parcel shall have a minimum width of 75 feet and a minimum parcel size of 7,500 square feet. 2. For a two-family dwelling, the parcel shall have a minimum width of 75 feet and a minimum parcel size of 10,000 square feet. 2. Subdivisions: a. For subdivisions involving multi -family dwellings, a manufactured home park, a retirement center or a nursing home, all new lots shall be connected to a DEQ permitted wastewater pollution control facility. b. For subdivisions involving only single-family and two family dwellings the standards set forth in DCC 18.66.020(C)(1) shall apply. E. Yard Standards. 1. Front Yard. The front yard shall be 20 feet for a property fronting on a local road right-of- way, 30 feet for a property fronting on a collector right-of-way and 80 feet for a property fronting on an arterial right-of-way. 2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards shall be a minimum of 15 feet, subject to DCC 18.66.020(E)(4). 3. Rear Yard. The minimum rear yard shall be 20 feet, subject to DCC 18.66.020(E)(4). 4. Exception to Yard Standards. Any new structure requiring a building permit on a lot or parcel contiguous to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. 5. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. HISTORY Adopted by Ord. 97-003 §2 on 6/4/1997 Amended by Ord. 97-063 §3 on 11/12/1997 Amended by Ord. 2004-002 §13 on 4/28/2004 Amended by Ord. 2020-001 §7 on 4/21/2020 Amended by Ord. 2020-010 §3 on 7/3/2020 Amended by Ord. 2024-008 §9 on 10/9/2024 18.66.030 Residential-5 Acre Minimum (TeR5) District The purpose of the Terrebonne Residential-5 Acre Minimum District is to retain large rural residential lots where community sewer and water are not available. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review: 1. Single-family dwelling or a manufactured home subject to DCC 18.116.070. 2. Two-family dwelling. 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Agricultural uses as defined in DCC 18.04, involving: a. Keeping of cows, horses, goats, sheep or similar farm animals, provided that the total number of such animals over the age of six months is limited to the square footage of the lot or parcel divided by 20,000 square feet. b. Keeping of chickens, fowl, rabbits or similar farm animals over the age of six months, provided that the total numbers of such animals does not exceed one for each 500 square feet of property. 5. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.66.070 and 18.116.230. 6. Class III road or street project. 7. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. 8. Residential home. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted, subject to the applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, and DCC 18.124 Site Plan Review, of this title: 1. Child care facility and/or preschool. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.116, 18.124 and 18.128: 1. Manufactured home park. 2. Multi -family dwelling complex. 3. Retirement center or nursing home. 4. Religious institutions or assemblies. 5. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 6. Public or private school. 7. Park. 8. Public or semi-public building. 9. Utility facility. 10. Water supply or treatment facility. 11. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 12. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. 12.13. Residential facility. D. Lot Requirements. The minimum lot or parcel size in the TeR5 District is five acres regardless of the availability of approved community, non -community, municipal, or public water system and public sewer system. E. Yard Standards. 1. Front Yard. The front yard shall be 20 feet for a property fronting on a local road right-of- way, 30 feet for a property fronting on a collector right-of-way, and 80 feet for a property fronting on an arterial right-of-way. 2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards shall be a minimum of 15 feet, subject to DCC 18.66.030(E)(4). 3. Rear Yard. The minimum rear yard shall be 20 feet, subject to DCC 18.66.030(E)(4). 4. Exception to Yard Standards. Any new structure requiring a building permit on a lot or parcel adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. 5. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 of shall be met. HISTORY Adopted by Ord. 97-003 §2 on 6/4/1997 Amended by Ord. 97-063 §3 on 11/12/1997 Amended by Ord. 2004-002 §14 on 4/28/2004 Amended by Ord. 2020-001 §7 on 4/21/2020 Amended by Ord. 2020-010 §3 on 7/3/2020 Amended by Ord. 2024-008 §9 on 10/9/2024 18.66.040 Commercial (TeC) District The Terrebonne Commercial District is intended to allow a range of commercial and limited industrial uses to serve the community and surrounding rural area. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review: 1. Single-family dwelling or two-family on a lot or parcel existing on June 4, 1997. 2. Manufactured home on a lot or parcel existing on June 4, 1997, subject to DCC 18.116.070. 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.66.070 and 18.116.230. 5. Class III road or street project. 6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. 6,7. Residential home on a lot or parcel existing on June 4, 1997. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116 and 18.1248: 1. A building or buildings not exceeding 4,000 square feet of floor space to be used by any combination of the following uses: a. Retail or service business. b. Eating or drinking establishment. c. Offices. d. Veterinary clinic and kennel entirely within an enclosed building. e. Residential use in the same building as a use permitted by DCC 18.66.040(B)(1). f. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at the same location. 2. Any of the uses allowed under DCC 18.66.040 proposing to occupy more than 4,000 square feet of floor area in a building or buildings, subject to provisions of DCC 18.66.040(E). 3. Child care facility and/or preschool. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128: 1. Motel, with a maximum of 35 units, only if served by a community sewer system as defined in OAR 660-22-010(2). 2. Recreational vehicle park. 3. Religious institutions or assemblies. 4. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 5. Public or private school. 6. Park. 7. Public or semi-public building. 8. Medical center in a building or buildings not exceeding 4,000 square feet of floor space. 9. Utility facility. 10. Water supply or treatment facility. 11. Vehicle and trailer sales, service, repair or rental in a building or buildings not exceeding 4,000 square feet of floor space. 12. Uses listed below carried on in a building or buildings not exceeding 4,000 square feet of floor space with no exterior displays or storage of industrial equipment, industrial vehicles or industrial products: a. Manufacturing and production. b. Wholesale sales. c. Mini -storage. 13. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 14. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. 15. Marijuana retailing, subject to the provisions of DCC 18.116.330. 16. Psilocybin service centers, subject to the provisions of DCC 18.116.380. D. Use Limitations. The following use limitations shall apply to the uses listed in DCC 18.66.040(6) and (C). 1. Sewer and Water Requirements. Applicant must obtain approval for an on -site sewage disposal system, or if applicable, obtain a Department of Environmental Quality (DEQ) Waste Water Pollution Control Facility (WPCF) permit before approval or as condition of approval of the land use permit. 2. The County shall notify the Terrebonne Domestic Water District of land use actions made under DCC 18.66. E. Requirements for Large Scale Uses. 1. All uses listed in DCC 18.66.040(B) and 18.66.040(C)(9) may have a total building floor area exceeding 4,000 square feet if the Planning Director or Hearings Body finds: a. The use is intended to serve the community and surrounding rural area or the travel needs of people passing through the area; b. The use will primarily employ a work force from the community and surrounding rural area; and c. It is not practical to locate the use in a building or buildings with floor area of 4,000 square feet or less. 2. For purposes of DCC 18.66.040, the surrounding rural area includes the area described by the Terrebonne zip code, which extends south to the boundary of the Redmond zip code, west to the boundary of the Sisters zip code, east into Crook County to the boundary of the Prineville zip code and north into Jefferson County to include Crooked River Ranch. F. Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply to all new commercial buildings in the TeC District except those containing uses listed in DCC 18.66.040(C)(13). The provisions of DCC 18.124 also apply. 1. The window area shall equal at least 50 percent of the length and 25 percent of the height of the ground level wall area. Ground level wall area includes all exterior wall area up to nine feet above the finished grade. The window requirement applies to the ground level of exterior building walls that abut sidewalks or roads. 2. Required window areas shall be windows that allow views into either working areas, lobbies, pedestrian entrances or display windows. G. Lot Requirements. Minimum size requirements for this district will be determined by spatial requirements for on -site sewage disposal, required landscaped areas and off-street parking. No lot or parcel shall be created of less than a minimum of 10,000 square feet. H. Dimensional Standards. Lot Coverage. No lot coverage requirements, provided spatial requirements for parking, sewage disposal and landscaping are satisfied. I. Yard Standards. 1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC 18.124.070(D)(3). The street setback for buildings may be reduced, but not increased, to the average building setback distance of existing buildings on adjoining lots. 2. Side Yard. No requirement, subject to DCC 18.66.040(I)(4). 3. Rear Yard. No specific requirements, subject to DCC 18.66.040(I)(4). 4. Exceptions to Yard Standards. a. Lot line adjacent to a residential district. Any new structure requiring a building permit sited on a lot adjacent to a residential district shall be set back a minimum of 15 feet from the common property line. The required yard shall be increased by one foot for each foot by which the building height exceeds 20 feet. b. Lot line adjacent to an EFU zone. Any new structure requiring a building permit on a lot or parcel adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. HISTORY Adopted by Ord. 97-003 §2 on 6/4/1997 Amended by Ord. 97-063 §3 on 11/12/1997 Amended by Ord. 2004-002 §15 on 4/28/2004 Amended by Ord. 2015-004 §3 on 4/22/2015 Amended by Ord. 2016-015 §5 on 7/1/2016 Amended by Ord. 2020-001 §7 on 4/21/2020 Amended by Ord. 2020-010 §3 on 7/3/2020 Amended by Ord. 2021-004 §3 on 5/27/2021 Amended by Ord. 2022-014 §3 on 4/4/2023 Amended by Ord. 2024-008 §9 on 10/9/2024 18.66.050 Commercial -Rural (TeCR) District The Terrebonne Commercial -Rural District allows a mix of commercial and industrial uses common to a farming community. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review: 1. Single-family dwelling on a lot or parcel existing on June 4, 1997. 2. Manufactured home on a lot or parcel existing on June 4, 1997, subject to DCC 18.116.070. 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.66.070 and 18.116.230. 5. Class III road or street project. 6_Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. 6-7. Residential home on a lot or parcel existing on June 4, 1997. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116 and 18.124: 1. A building or buildings not exceeding 4,000 square feet of floor space to be occupied by any combination of the following uses: a. Retail or service business. b. Eating or drinking establishment. c. Office. d. Residential use in the same building as a use listed in DCC 18.66.050. e. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at the same location. 2. Any of the uses listed under DCC 18.66.050(B) proposing to occupy more than 4,000 square feet of floor area in a building or buildings, subject to provisions of DCC 18.66.050(E). C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128: 1. Religious institutions or assemblies. 2. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 3. Park. 4. Public or semi-public building. 5. Utility facility. 6. Water supply or treatment facility. 7. Vehicle and trailer sales, service, repair and rental in a building or buildings not exceeding 4,000 square feet of floor area. 8. Uses listed below carried on in a building or buildings not exceeding 10,000 square feet of floor space to be occupied by any combination of the following uses: a. Manufacturing or production. b. Wholesale sales. c. Mini -storage. d. Truck terminal. e. Farm or contractor equipment storage, sales, service or repair. f. Uses that require proximity to rural resources, as defined in OAR 660-04-022- (3)(a). 9. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 10. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. 11. Marijuana retailing, subject to the provisions of DCC 18.116.330. D. Use Limitations. The following use limitations shall apply to the uses listed in DCC 18.66.050(B) and (C). 1. Sewer and Water Requirements. a. Applicant must obtain approval for an on -site sewage disposal system, or if applicable, obtain a Department of Environmental Quality (DEQ) Waste Water Pollution Control Facility (WPCF) permit before approval or as condition of approval of the land use permit. b. The County shall notify the Terrebonne Domestic Water District of land use actions made under DCC 18.66. 2. Compatibility. a. Any use on a lot adjacent to a residential district shall not emit odor, dust, fumes, glare, flashing lights, noise, or similar disturbances perceptible without instruments more than 200 feet in the direction of the affected residential lot. b. Any use expected to generate more than 50 truck -trailer, contractors and/or farm heavy equipment trips per day to and from the subject property shall not locate on a lot or parcel adjacent to or across a local or collector road from a lot or parcel in a residential district. c. No use shall be permitted that has been declared a nuisance by state statute, County ordinance or a court of competent jurisdiction. d. No use requiring an air containment discharge permit shall be approved by the Planning Director or Hearings Body before review by the applicable state or federal permit -reviewing authority. Such uses shall not be located adjacent to or across a local or collector road from a lot or parcel in a residential district. 3. Traffic and Parking. a. A use that generates more than 20 auto or truck trips during the peak hour of the day to and from the premises shall document with facts that the affected transportation facilities are adequate to serve the proposed use, considering the functional classification, capacity and level of service of the affected transportation facility. b. All parking demand generated by uses permitted by DCC 18.66 shall be accommodated entirely on the premises. c. Site design shall not require backing of traffic onto a public or private road right- of-way. 4. Additional Requirements. As a condition of approval of any use proposed, the Planning Director or Hearings Body may require: a. An increased setback requirement. b. Additional off-street parking and loading facilities. c. Limitations on signs, lighting, hours of operation and points of ingress and egress. d. Additional landscaped buffering and screening improvements. E. Requirements for Large Scale Uses. 1. All uses listed in DCC 18.66.050(B) may be allowed to occupy a total floor area exceeding 4,000 square feet if the Planning Director or Hearings Body finds: a. The use is intended to serve the community and surrounding rural area or the traveling needs of people passing through the area; b. The use will primarily employ a work force from the community and surrounding rural area; and c. It is not practical to contain the proposed use within 4,000 square feet of floor area. 2. This provision does not apply to uses listed in DCC 18.66.050(C)(8). 3. For purposes of DCC 18.66.050(E), the surrounding rural area described by the Terrebonne zip code, which extends south to the boundary of the Redmond zip code, west to the boundary of the Sisters zip code, east into Crook County to the boundary of the Prineville zip code and north into Jefferson County to include Crooked River Ranch. F. Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply to all new commercial buildings in the TeCR District except those containing uses listed in DCC 18.66.050(C)(8). The provisions of DCC 18.124 also apply. 1. The window area shall be at least 50 percent of the length of the ground level wall area and 25 percent of height of the ground level wall area. Ground level wall area includes all exterior wall area up to nine feet above the finished grade. The window requirement applies to the ground level of exterior building walls that abut sidewalks or roads. 2. Required window areas shall be windows that allow views into either working areas, lobbies, pedestrian entrances or display windows. G. Lot Requirements. No lot shall be created less than a minimum of 10,000 square feet. Lot requirements for this district shall be determined by spatial requirements for sewage disposal, required landscaped areas and off-street parking. H. Dimensional Standards. 1. Lot Coverage: No lot coverage requirements, provided spatial requirements for parking, sewage disposal and landscaping are satisfied. 2. No use listed in DCC 18.66.050(C)(8) that is located adjacent to or across a local or collector road from a lot or parcel in a residential district shall exceed 70 percent lot coverage by all buildings, outside storage or off-street parking and loading areas. I. Yard Standards. 1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC 18.124.070(D)(3)(b). The street setback for buildings may be reduced, but not increased, to the average building setback distance of existing buildings on adjoining lots. 2. Side Yard. No requirement, subject to DCC 18.66.050(I)(4). 3. Rear Yard. No specific requirement, subject to DCC 18.66.050(1)(4). 4. Exceptions to Yard Standards. a. Lot line adjacent to a residential zone. For all new structures requiring a building permit on a lot adjacent to a residential district, the setback shall be a minimum of 15 feet. The required yard will be increased by one foot for each foot by which the building height exceeds 20 feet. b. Lot line adjacent to an EFU zone. Any structure requiring a building permit on a lot adjacent to EFU-zoned land that is receiving special assessment for farm use, shall be set back a minimum of 100 feet from the common property line. HISTORY Adopted by Ord. 97-003 §2 on 6/4/1997 Amended by Ord. 2001-016 §2 on 3/28/2001 Amended by Ord. 2001-039 §7 on 12/12/2001 Amended by Ord. 2004-002 §16 on 4/28/2004 Amended by Ord. 2015-004 §4 on 4/22/2015 Amended by Ord. 2016-015 §5 on 7/1/2016 Amended by Ord. 2020-001 §7 on 4/21/2020 Amended by Ord. 2021-004 §3 on 5/27/2021 Amended by Ord. 2024-008 §9 on 10/9/2024 Exhibit J 18.67.020 Residential (TuR) District The Tumalo Residential (TuR) District allows a mixture of housing types and densities suited to the level of available water and sewer facilities. The purpose of this district is to allow new residential development that is compatible with the rural character of the area. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review. 1. Single-family dwelling, or a manufactured home subject to DCC 18.116.070. 2. Two-family dwelling. 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Agricultural uses as defined in DCC Title 18, involving: a. Keeping of cows, horses, goats, sheep or similar farm animals, provided that the total number of such animals over the age of six months is limited to one for each 20,000 square feet. b. Keeping of chickens, fowl, rabbits or similar farm animals, provided that the total number of such animals over the age of six months does not exceed one for each 500 square feet of property. 5. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.67.080 and 18.116.230. 6. Class III road or street project. 7_Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. 7-8. Residential home. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted, subject to the applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, and DCC 18.124 Site Plan Review, of this title: 1. Child care facility and/or preschool. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.67, 18.116, 18.124, and 18.128: 1. Multi -family dwelling complex. 2. Retirement center or nursing home. 3. Religious institutions or assemblies. 4. Cemetery. 5. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 6. Public or private school. 7. Park. 8. Public or semi-public building. 9. Utility facility. 10. Water supply or treatment facility. 11. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 12. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. 12.13. Residential facility. D. Lot Requirements. 1. Partitions: a. Subject to the provisions of DCC 17.36.170(A), parcels not served by an approved community, non -community or municipal water system shall have a minimum width of 150 feet with a minimum parcel size of one acre. b. Subject to DCC 17.36.170(A), parcels served by an approved community, non - community, municipal or public water system, shall have a minimum parcel size as follows: 1. For a single-family dwelling the parcel shall have a minimum width of 100 feet and a minimum parcel size of 22,000 square feet. 2. For a two-family dwelling the parcel shall have a minimum width of 100 feet and a minimum parcel size of 33,000 square feet. 2. Subdivisions: a. For subdivisions involving multi -family dwellings, a manufactured home park or a retirement home, all new lots shall be connected to a DEQ-permitted Wastewater Pollution Control Facility. b. For subdivisions involving only single-family and two-family dwellings the standards set forth in DCC 18.67.020(D)(1) shall apply. E. Yard Standards. 1. Front Yard. The front yard shall be 20 feet for a property fronting on a local street right- of-way, 30 feet for a property fronting on a collector right-of-way and 80 feet for a property fronting on an arterial right-of-way. 2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards shall be a minimum of 15 feet, subject to DCC 18.67.020(E)(4). 3. Rear Yard. The minimum rear yard shall be 20 feet, subject to DCC 18.67.020(E)(4). 4. Exception to Yard Standards. Any new structure requiring a building permit on a lot or parcel contiguous to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. HISTORY Adopted by Ord. 97-033 §2 on 6/25/1997 Amended by Ord. 97-063 §3 on 11/12/1997 Amended by Ord. 2001-016 §2 on 3/28/2001 Amended by Ord. 2001-039 §8 on 12/12/2001 Amended by Ord. 2004-002 §17 on 4/28/2004 Amended by Ord. 2020-001 §8 on 4/21/2020 Amended by Ord. 2020-010 §4 on 7/3/2020 Amended by Ord. 2021-013 §8 on 4/5/2022 Amended by Ord. 2024-008 §10 on 10/9/2024 18.67.030 Residential-5 Acre Minimum (TuR5) District The purpose of the Tumalo Residential-5 Acre Minimum District is to retain large rural residential lots. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review. 1. Single-family dwelling or a manufactured home subject to DCC 18.116.070. 2. Type 1 Home Occupation, subject to DCC 18.116.280. 3. Agricultural uses as defined in DCC 18.04, involving: a. Keeping of cows, horses, goats, sheep or similar farm animals, provided that the total numbers of such animals over the age of six months is limited to the square footage of the lot or parcel divided by 20,000 square feet. b. Keeping of chickens, fowl, rabbits or similar farm animals over the age of six months, provided that the total numbers of such animals does not exceed one for each 500 square feet of property. 4. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.67.080 and 18.116.230. 5. Class III road or street project. 6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. 6,7. Residential home. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted, subject to the applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, and DCC 18.124 Site Plan Review, of this title: 1. Child care facility and/or preschool. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.116, 18.124, and 18.128: 1. Religious institutions or assemblies. 2. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 3. Public or private school. 4. Park. 5. Public or semi-public building. 6. Utility facility. 7. Water supply or treatment facility. 8. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 9. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. D. Lot Requirements. The minimum lot or parcel size in the TuR5 District is five acres. E. Yard Standards. 1. Front Yard. The front yard shall be 20 feet for a property fronting on a local street right- of-way, 30 feet for a property fronting on a collector right-of-way, and 80 feet for a property fronting on an arterial right-of-way. 2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards shall be a minimum of 15 feet, subject to DCC 18.67.030(E)(4). 3. Rear Yard. The minimum rear yard shall be 20 feet, subject to DCC 18.67.030(E)(4). 4. Exception to Yard Standards. Any new structure requiring a building permit on a lot adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. HISTORY Adopted by Ord. 97-033 §2 on 6/25/1997 Amended by Ord. 97-063 §3 on 11/12/1997 Amended by Ord. 2000-033 §11 on 12/6/2000 Amended by Ord. Amended by Ord. Amended by Ord. Amended by Ord. Amended by Ord. Amended by Ord. 2001-016 §2 on 3/28/2001 2001-039 §8 on 12/12/2001 2004-002 §18 on 4/28/2004 2020-001 §8 on 4/21/2020 2020-010 §4 on 7/3/2020 2024-008 §10 on 10/9/2024 18.67.040 Commercial (TuC) District The Tumalo Commercial District is intended to allow a range of limited commercial and industrial uses to serve the community and surrounding area. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review. 1. Single-family dwelling or duplex. 2. Manufactured home subject to DCC 18.116.070. 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.67.060 and 18.116.230. 5. Class III road or street project. 6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. 6-.7. Residential home. B. Uses Permitted, Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.67, 18.116 and 18.124: 1. A building or buildings, none of which exceeds 4,000 square feet of floor space to be used by any combination of the following uses: a. Retail or service business. b. Eating and/or drinking establishment. c. Offices. d. Residential use in the same building as a use permitted in DCC 18.67.040. e. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at the same location. 2. Any of the uses listed under DCC 18.67.040 proposing to occupy more than 4,000 square feet of floor area in a building subject to the provisions of DCC 18.67.040(E). 3. Child care facility and/or preschool. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.116, 18.124, and 18.128: 1. Religious institutions or assemblies. 2. Bed and breakfast inn. 3. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 4. Park. 5. Public or semi-public building. 6. Utility facility. 7. Water supply or treatment facility. 8. Manufactured home/RV park on a parcel in use as a manufactured home park or recreational vehicle park prior to the adoption of PL-15 in 1979 and being operated as of June 12, 1996 as a manufactured home park or recreational vehicle park, including any expansion of such uses on the same parcel as configured on June 12, 1996. 9. The following uses and their accessory uses may be conducted in a building or buildings not to exceed 4,000 square feet of floor space. a. Farm equipment, sales, service or repair. b. Trailer sales, service or repair. c. Vehicle service or repair. d. Veterinary clinic. 10. The following uses may be conducted in a building or buildings not to exceed 10,000 square feet of floor space: a. Manufacturing or production. b. Wholesale sales. c. Marijuana retailing, subject to the provisions of DCC 18.116.330. 11. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 12. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off -site use, storage, and sale of excavated material. 13. Psilocybin service centers, subject to the provisions of DCC 18.116.380. D. Use Limitations. The following use limitations shall apply to the uses listed in DCC 18.67.040(C)(10). 1. Compatibility. a. Any use expected to generate more than 50 truck -trailer and/or heavy equipment trips per day to and from the subject property shall not be permitted to locate on a lot or parcel adjacent to or across a local or collector street from a lot or parcel in a residential district. 2. Traffic and Parking. a. A use that generates more than 20 auto or truck trips during the peak hour of the day to and from the premises shall document with facts that the affected transportation facilities are adequate to serve the proposed use, considering the functional classification, capacity and level of service of the affected transportation facility. b. All parking demand generated by uses permitted by DCC 18.67 shall be accommodated entirely on the premises. E. Requirements for Large Scale Uses. 1. All uses listed in DCC 18.67.040(B) may have a total floor area exceeding 4,000 square feet but not greater than 10,000 square feet if the Planning Director or Hearings Body finds: a. The use is intended to serve the community and surrounding rural area or the traveling needs of people passing through the area; b. The use will primarily employ a work force from the community and surrounding rural area; and c. It is not practical to contain the proposed use within 4,000 square feet of the floor area. 2. This provision does not apply to uses listed in DCC 18.67.040(C)(10). 3. For the purposes of DCC 18.67.040, the surrounding rural area is described as the following: extending north to the Township boundary between Townships 15 and 16; extending west to the boundary of the public lands managed by the U.S. Forest Service in T16S-R11E; extending south to the south section lines of T17S-R12E sections 4,5,6 and T17S-R11E sections 1,2,3; and extending east to Highway 97. F. Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply to new buildings in the TuC district except those uses listed in DCC 18.67.040(C)(10) and any residential use. The provisions of DCC 18.124 also apply. 1. The windows must be at least 50 percent of the length of the ground level wall area and 25 percent of height of the ground level wall area. Ground level wall area includes all exterior wall area up to nine feet above the finished grade. The window requirement applies to the ground level of exterior building walls which abut sidewalks or streets. 2. Required window areas shall be either windows that allow views into working areas, lobbies, pedestrian entrances or display windows. G. Lot Requirements. No lot shall be created having less than a minimum of 10,000 square feet. Lot requirements for this district shall be determined by spatial requirements for sewage disposal, required landscaped areas and off-street parking. H. Dimensional Standards. 1. Lot Coverage: No lot coverage requirements, provided spatial requirements for parking, sewage disposal and landscaping are satisfied. 2. No use listed in DCC 18.67.040(C)(10) that is located adjacent to or across a local or collector from a lot or parcel in a residential district shall exceed 70 percent lot coverage by all buildings, outside storage, or off-street parking and loading areas. I. Yard Standards. 1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC 18.124.070 (D)(3). The street setback for buildings may be reduced, but not increased, to the average building setback distance of existing buildings on adjoining lots. 2. Side Yard. No requirement, subject to DCC 18.67.040(I)(4). 3. Rear Yard. No specific requirement, subject to DCC 18.67.040 (I)(4). 4. Exceptions to Yard Standards. a. Lot line adjacent to a residential zone. For all new structures or substantial alteration of a structure requiring a building permit on a lot adjacent to a residential district, the setback shall be a minimum of 15 feet. The required yard will be increased by one foot for each foot by which the building height exceeds 20 feet. b. Lot line adjacent to an EFU zone. Any structure requiring a building permit on a lot adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. HISTORY Adopted by Ord. 97-033 §2 on 6/25/1997 Amended by Ord. 97-063 §3 on 11/12/1997 Amended by Ord. 2000-033 §11 on 12/6/2000 Amended by Ord. 2001-016 §2 on 3/28/2001 Amended by Ord. 2001-039 §8 on 12/12/2001 Amended by Ord. 2004-002 §19 on 4/28/2004 Amended by Ord. 2004-013 §7 on 9/21/2004 Amended by Ord. 2015-004 §5 on 4/22/2015 Amended by Ord. 2016-015 §6 on 7/1/2016 Amended by Ord. 2020-001 §8 on 4/21/2020 Amended by Ord. 2020-010 §4 on 7/3/2020 Amended by Ord. 2021-004 §4 on 5/27/2021 Amended by Ord. 2021-013 §8 on 4/5/2022 Amended by Ord. 2022-014 §4 on 4/4/2023 Amended by Ord. 2024-008 §10 on 10/9/2024 18.67.090 Right -Of -Way Development Standards A. Applicability. The standards in DCC 18.67.88G-090 shall, in conjunction with the provisions of DCC 17.36, 17.40 and 17.48 relating to improvements in the right-of-way, apply to improvements in the right-of-way required by land use approvals. Right-of-way improvements shall be those authorized by subdivision, partition, conditional use or site plan requirements, as applicable. The standards set forth in DCC 18.67.080-090 shall govern over any conflicting standards set forth in DCC Title 17. B. Road Access. For properties abutting Highway 20, when there is a choice to take access from a road other than Highway 20, no access shall be taken from Highway 20. C. Roadways. Any roadway improvement shall conform to the applicable provisions of DCC Title 17, Table 18.67-A and the functional classification assigned to the road segment by the Comprehensive Plan for the Tumalo Rural Community. D. Bikeways. Required bikeway improvements shall conform to the standards set forth in DCC 17.48.140 and applicable specifications of DCC Title 17, Table 18.67-A. E. Sidewalks. 1. Sidewalks shall meet the standards set forth in Table 18.67-A. Sidewalks are required only where specified in the Comprehensive Plan Map for Tumalo, Map D1 "Planned Pedestrian Improvements." 2. Sidewalks may be constructed either at the time of development or may be deferred until later through formation of a local improvement district. Applicants electing to defer sidewalk construction shall be required as a condition of approval to submit and have recorded a waiver of remonstrance signed by the land owner waiving the land owner's rights to have any objection to LID formation counted against formation of the LID. F. Drainage. Drainage facilities shall be required if necessary to meet the standard of DCC 17.48.190. Where specified in DCC Title 17, Table 18.67-A drainage shall be accomplished by swales constructed in accordance with the specifications set forth in DCC Title 17, Table 18.67-A and the drawing set forth in DCC 17.48. HISTORY Adopted by Ord. 97-033 §2 on 6/25/1997 Amended by Ord. 2024-008 §10 on 10/9/2024 Exhibit K 18.74.020 Uses Permitted; Deschutes Junction And Deschutes River Woods Store A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright and do not require site plan review: 1. Single-family dwelling. 2. Manufactured home subject to DCC 18. 1 16. 070. 3. Two-family dwelling. 4. Type 1 Home Occupation, subject to DCC 18. 1 16. 280. 5. Agricultural uses. 6. Class I and II road or street project subject to approval as part of a land partition or subdivision, or subject to the standards and criteria established in DCC 18.116.230. 7. Class III road or street project. 8_A lawfully established use existing as of 11/05/02, the date this chapter was adopted, not otherwise permitted by this chapter. 8-9. Residential home. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116 and 18.124: 1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any combination of the following uses. a. Restaurant, cafe or delicatessen. b. Grocery store. c. Tavern. d. Retail sporting goods and guide services. e. Barber and beauty shop. f. General store. g. Video store. h. Antique, art, craft, novelty and second hand sales if conducted completely within an enclosed building. 2. Expansion of a nonconforming use listed under section B(1)(a-h), existing as of 11/05/2002, the date this chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the building as of said date, whichever is greater. 3. A building or buildings not exceeding 3,500 square feet of floor space to be used by any combination of the following uses. a. Retail sales of agricultural or farm products. b. Farm machinery sales and repair. c. Kennel. d. Veterinary clinic. e. Automobile service station and repair garage, towing service, fuel storage and sales. f. Public or semi-public use. g. Residential use in the same building as a use permitted by this chapter. h. Park or playground. 4. Expansion of a nonconforming use listed under section B(3)(a-h), existing as of 11/05/2002, the date this chapter was adopted, shall be limited to 3,500 square feet or 25 percent of the size of the building as of said date, whichever is greater. C. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted, subject to the applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, and DCC 18.124, Site Plan Review, of this title: 1. Child care facility and/or preschool. D. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128: 1. A building or buildings not exceeding 3,500 square feet of floor space to be used by any combination of the following uses. a. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. b. Utility facility. c. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). d. Religious institutions or assemblies. e. School. 2. Recreational vehicle park 3. Mini -storage facilities limited to 35,000 square feet in size. 4. Marijuana retailing, subject to the provisions of DCC 18.116.330. 5. Psilocybin service centers, subject to the provisions of DCC 18.116.380. HISTORY Adopted by Ord. 2002-019 §2 on 8/7/2002 Amended by Ord. 2004-002 §20 on 4/28/2004 Amended by Ord. 2008-008 §1 on 3/18/2008 Amended by Ord. 2015-004 §7 on 4/22/2015 Amended by Ord. 2016-015 §7 on 7/1/2016 Amended by Ord. 2020-001 §9 on 4/21/2020 Amended by Ord. 2020-010 §5 on 7/3/2020 Amended by Ord. 2021-013 §9 on 4/5/2022 Amended by Ord. 2022-014 §5 on 4/4/2023 Amended by Ord. 2024-008 §11 on 10/9/2024 Exhibit L 18.76.100 Design And Use Criteria The following dimensional standards shall apply in the Airport Districts: The Planning Director or Hearings Body shall take into account the impact of any proposed conditional use within the AD Zone on nearby residential and commercial uses, and on the capacity of transportation and other public facilities and services. In approving a proposed conditional use, the Planning Director or Hearings Body shall find that: A. The proposed use is in compliance with the Comprehensive Plan, including the current version of the adopted Bend Airport Master Plan. B. The proposed use is in compliance with the intent and provisions of DCC Title 18. C. Any adverse social, economical, physical or environmental impacts are minimized. D. The proposed use is not sensitive to noise of the character anticipated by the current and expected noise level contours of the airport. E. The proposed use is compatible with adjacent agricultural and residential uses. F. There are sufficient public facilities and services to support the proposed use. G. The location and site design of the proposed facility will not be hazardous to the safety and general welfare of surrounding properties, and that the location will not unnecessarily restrict existing and future development of surrounding lands as indicated in the Comprehensive Plan. H. The use shall make the most effective use reasonably possible of the site topography, existing landscaping and building placement so as to preserve existing trees and natural features, preserve vistas and other views from public ways, minimize visibility of parking, loading and storage areas from public ways and neighboring residential uses, and minimize intrusion into the character of existing developments and land uses in the immediate vicinity of the proposed use. HISTORY Adopted by Ord. PL-15 on 11/1/1979 Repealed & Reenacted by Ord. 91-020 §1 on 5/29/1991 Repealed & Reenacted by Ord. 2003-036 §2 on 11/5/2003 Amended by Ord. 2018-006 §9 on 11/20/2018 Amended by Ord. 2024-008 §12 on 10/9/2024 Exhibit M 18.108.030 Single Family Residential; RS District A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. Single-family dwelling. 2. Recreational path. 2,3. Residential home. B. Conditional Uses Permitted. The following uses may be permitted subject to DCC 18.128 and a conditional use permit: 1. Park, playground and picnic and barbecue area. 2. Fire station. 3. Library. 4. Museum. 5. Health and fitness facility. 6. Utility substations or pumping stations with no equipment storage or sewage treatment facilities. 7. Temporary subdivision sales office. 8. Community building. 9. Religious institutions or assemblies. C. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 30 feet in height, except as allowed under DCC 18.120.040. D. Lot Requirements. The following lot requirements shall be observed, provided that the Planning Director or Hearings Body may allow smaller lots approved pursuant to DCC Title 18 and consistent with the Comprehensive Plan designations for preservation of forested area or significant rock outcroppings when these lots are internal to the subdivision or after a hearing if they are located on the edge of the new plat. 1. Lot Area. Every lot shall have a minimum area of 6,000 square feet. 2. Lot Width. Every lot shall have a minimum average width of 60 feet, except that a corner lot shall be a minimum of 70 feet. 3. Frontage. Every lot shall have a minimum width at the street of 50 feet, except that on an approved cul-de-sac this may be reduced to 30 feet. 4. Front Yard. The front yard shall be a minimum of 20 feet. 5. Side Yard. A side yard shall be a minimum of five feet for structures up to 21 feet in height. All structures greater than 21 feet in height shall have a minimum side yard of 7.5 feet, including additions thereto. 6. Rear Yard. The rear yard setback for properties which do not have a common area adjoining the rear property line shall be a minimum of 25 feet. The rear yard setback is zero for properties with a rear property line which adjoins a common area that is 50 feet or greater in depth. The rear yard setback for properties which adjoin common area less than 50 feet in depth shall be calculated at six inches for every one foot less than 50 feet. The depth of the common area adjoining the rear yard shall be determined to be the average depth of the common area when measured at 90 degree angles at 10 foot intervals along the entire length of the rear property line. 7. Lot Coverage. Maximum lot coverage by buildings and structures shall be 35 percent of the lot area. HISTORY Repealed & Reenacted by Ord. 97-078 §2 on 12/31/1997 Amended by Ord. 98-035 §2 on 6/10/1998 Amended by Ord. 2004-013 §11 on 9/21/2004 Amended by Ord. 2020-001 §12 on 4/21/2020 Amended by Ord. 2024-008 §13 on 10/9/2024 18.108.050 Commercial; C District A. Uses Permitted Outright. Any combination of the following uses and their accessory uses are permitted outright in the C district. 1. Recreational path. 2. Ambulance service. 3. Library. 4. Religious institutions or assemblies. 5. Bus stop. 6. Community center. 7. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination of: a. Retail/rental store, office and service establishment. b. Art galleries c. Dry cleaner and/or self-service laundry establishment. d. Radio and television sales and service. e. Radio and television broadcasting studios and facilities, except towers. f. Restaurant, bar and cocktail lounge, including entertainment. g. Automobile service station. h. Technical and business school. i. Catering establishment. Crafts in conjunction with retail sales (occurring on premises, such as stained glass/pottery, etc.). k. Medical and dental clinic, office and laboratory. I. Theater not exceeding 4,000 square feet of floor area. m. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at the same location. 8. Multiple -family residential dwelling units, subject to the provisions of DCC 18.108.050(C)(1). 9. Residential dwelling units constructed in the same building as a commercial use, subject to the provisions of DCC 18.108.050(C)(2). 10. Post Office. 11. Administrative and office facility associated with a community association or community use. 12. Police facility. 12.13. Residential facility. B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128 and a conditional use permit. 1. Public buildings and public utility buildings and structures. 2. Club, lodge or fraternal organization. 3. Commercial off-street parking lot. 4. Bus passenger station. 5. Interval ownership and/or time-share unit or the creation thereof. 6. Miniature golf. 7. Bed and breakfast inn. 8. Inn. 9. Residential facility. 10.9. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination of: a. Bowling alley. b. Car wash. c. Dancing or music school, nursery school, kindergarten and day-care facility. d. Theater exceeding 4,000 square feet in floor area. e. Veterinary clinic or kennel operated entirely within an enclosed building. f. Automotive repair and maintenance garage, or tire store, provided the business is wholly conducted within an enclosed building. g. Marijuana retailing, subject to the provisions of DCC 18.116.330. 11.10. Psilocybin service centers. subject to the provisions of DCC 18.116.380. C. Use Limits. 1. Multiple -family residential dwelling units, allowed on the nine acres vacant as of December 31, 1997 in the C District, shall be subject to the provisions of DCC 18.108.040(C) and (D), and the following requirements: a. No dwelling unit shall have more than three bedrooms. b. Individual dwelling units shall not exceed 2,250 square feet of habitable floor area. c. One off-street parking space shall be provided for each bedroom within each dwelling unit, with a maximum of two spaces allowed per dwelling unit. 2. Residential dwelling units constructed in the same building as a commercial use developed in the C district shall be subject to the following requirements: a. Residential dwelling units shall be developed above first floor commercial use. b. No dwelling unit shall have more than two bedrooms. c. Individual dwelling units shall not exceed 850 square feet of floor area. d. One off-street parking space shall be provided for each bedroom within each dwelling unit. 3. Uses permitted either outright or conditionally in the C District shall not involve the transport of chemicals which would present a significant hazard. D. Special Requirements for Large Scale Uses. Any of the uses listed in DCC 18.108.050(A)(7) or DCC 18.108.050(6)(10) may be allowed in a building or buildings each exceeding 8,000 square feet of floor space if the Planning Director or Hearings Body finds: 1. That the intended customers for the proposed use will come from the community and surrounding rural area, or the use will meet the needs of the people passing through the area. For the purposes of DCC 18.108.050(D), the surrounding rural area shall be that area identified as all property within five miles of the boundary of the Sunriver Urban Unincorporated Community; 2. The use will primarily employ a work force from the community and surrounding rural area; and 3. That it is not practical to locate the use in a building or buildings under 8,000 square feet of floor space. E. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 30 feet in height. F. Lot Requirements. The following lot requirements shall be observed: 1. Lot Area. No requirements. 2. Lot Width. No requirements. 3. Lot Depth. 100 feet. 4. Front Yard. The front yards shall be a minimum of 10 feet. 5. Side Yard. None, except when a side lot line is adjoining a lot in an RS or RM District, and then the side yard shall be a minimum of 10 feet. The required side yards shall be increased by one-half foot for each foot by which the building height exceeds 20 feet. 6. Rear Yard. None, except when a rear lot line is adjoining a lot in an RS or RM District, and then the rear yard shall be a minimum of 10 feet. The required rear yard shall be increased by one-half foot for each foot by which the building height exceeds 20 feet. 7. Lot Coverage. No requirements. HISTORY Repealed & Reenacted by Ord. 97-078 §2 on 12/31/1997 Amended by Ord. 98-016 §1 on 3/11/1998 Amended by Ord. 2003-026 §1 on 7/9/2003 Amended by Ord. 2015-004 §9 on 4/22/2015 Amended by Ord. 2016-015 §9 on 7/1/2016 Amended by Ord. 2020-001 §12 on 4/21/2020 Amended by Ord. 2022-014 §7 on 4/4/2023 Amended by Ord. 2024-008 §13 on 10/9/2024 18.108.060 Resort; R District A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright in the R District: 1. Resort facility developed in a building or buildings of any size which house any combination of: a. Meeting room, convention and banquet facility. b. Resort recreation facilities. c. Property sales and rental office. d. Hotel, motel and lodging facility with up to 100 units in a single building. e. Maintenance facility associated with resort and recreation operations. f. Storage building necessary for and associated with resort, recreation and/or property development. Administrative offices, support and service facilities commonly associated with resort and recreation development and operations. 2. Restaurant, bar and cocktail lounge including entertainment and catering facilities which are included within the same building as any of the uses listed in DCC 18.108.060(A)(1). g• 3. Retail sales, rental and repair services commonly associated with and included within the same building as any of the uses listed in DCC 18.108.060(A)(1). 4. Interval ownership and/or time-share unit or the creation thereof. 5. Multiple family residential dwelling units subject to and consistent with the standards of the RM District. 6. Recreational path. 7. Residential home. &-7. Residential facility. 9 8.A building or buildings each not exceeding 8,000 square feet of floor space which conform with the height regulations and lot requirements of the R District and house any combination of: a. New restaurant, bar and cocktail lounge, including entertainment and catering facilities which are not included within the same building as those uses listed in DCC 18.108.060(A)(1). b. New retail sales, rental and repair services commonly associated with uses permitted outright or conditionally in the R District which are not included within the same building as those uses listed in DCC 18.108.060(A)(1). B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128 and a conditional use permit: 1. Public buildings and public utility buildings and structures as they may be appropriate to the R District. 2. Religious institutions or assemblies, club or fraternal organization. 3. School. C. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 40 feet in height. D. Lot Requirements. The following lot requirements shall be observed: 1. Lot Area. No requirements. 2. Lot Width. No requirements. 3. Lot Depth. 100 feet. 4. Front Yard. The front yard shall be a minimum of 10 feet. 5. Side Yard. None, except when a side lot line is adjoining a lot in an RS or RM District, and then the side yard shall be a minimum of 10 feet. The required side yard shall be increased by one half foot for each foot by which the building height exceeds 20 feet. 6. Rear Yard. None, except when a rear lot line is adjoining a lot in an RS or RM District, and then the rear yard shall be a minimum of 10 feet. The required rear yard shall be increased by one half foot for each foot by which the building height exceeds 20 feet. 7. Lot Coverage. No requirements. HISTORY Repealed & Reenacted by Ord. 97-078 §2 on 12/31/1997 Amended by Ord. 2020-001 §12 on 4/21/2020 Amended by Ord. 2024-008 §13 on 10/9/2024 18.108.120 Community General; CG District A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. School. 2. Utility substation, utility equipment storage and repair yard, and pump station. 3. Golf course. 4. Tennis court. 5. Swimming pool. 6. Park, playground and picnic and barbecue area. 7. Nature center. 8. Putting green. 9. Recreational path. 10. Equestrian facility. 11. Boat dock. 12. Health and fitness facilities. 13. Amphitheater. 14. Observatory. 15. Administrative and office facility associated with a community association or community use. 16. Police facility. 17. Fire station. 18. Public works facility. 19. Community center. 20. Religious institutions or assemblies. 21. Warehouse and storage facilities accessory to and in conjunction with any use permitted outright in this district. 2-2 Residential home 23. Residential facility. 2/1.22. A building or buildings each not exceeding 8,000 square feet of floor space which conform with the height regulations and lot requirements of the CG District and house any combination of: a. Limited food and beverage service customarily accessory to and in conjunction with any use permitted outright or conditionally in this district. b. Retail sales, rental and repair services commonly associated with uses permitted outright or c. conditionally in the CG District. B. Conditional Uses Permitted. The following uses may be permitted subject to DCC 18.128 and a conditional use permit: 1. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A). C. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 30 feet in height. D. Lot Requirements. The following lot requirements shall be observed: 1. Lot Area. No requirements. 2. Lot Width. No requirements. 3. Lot Depth. 100 feet. 4. Front Yard. The front yard shall be a minimum of 10 feet. 5. Side Yard. None, except when a side lot line is adjoining a lot in an RS or RM District, and then the side yard shall be a minimum of 10 feet. The required side yard shall be increased by one half foot for each foot by which the building height exceeds 20 feet. 6. Rear Yard. None, except when a rear lot line is adjoining a lot in an RS or RM District, and then the rear yard shall be a minimum of 10 feet. The required rear yard shall be increased by one half foot for each foot by which the building height exceeds 20 feet. 7. Lot Coverage. No requirements. HISTORY Repealed & Reenacted by Ord. 97-078 §2 on 12/31/1997 Amended by Ord. 2014-020 §1 on 1/6/2015 Amended by Ord. 2020-001 §12 on 4/21/2020 Amended by Ord. 2024-008 §13 on 10/9/2024 18.108.150 Community Neighborhood; CN District A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. School. 2. Utility substation, pump station and, utility equipment storage and repair yard. 3. Sewage treatment facility. 4. Tennis court. 5. Swimming pool. 6. Park, playground and picnic and barbecue area. 7. Recreational path. 8. Equestrian facility. 9. Health and fitness facility. 10. Amphitheater. 11. Observatory. 12. Religious institutions or assemblies. 13. Residential home. 11. Residential facility. 15.13. Daycare facility. 16.14. Administrative and office facility associated with a community association or community use. 17.15. Community center. 18.16. Police facility. B. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 30 feet in height. C. Lot Requirements. The following lot requirements shall be observed: 1. Lot Area. No requirements. 2. Lot Width. No requirements. 3. Lot Depth. 100 feet. 4. Front Yard. The front yard shall be a minimum of 10 feet. 5. Side Yard. None, except when a side lot line is adjoining a lot in an RS or RM District, and then the side yard shall be a minimum of 10 feet. The required side yard shall be increased by one half foot for each foot by which the building height exceeds 20 feet. 6. Rear Yard. None, except when a rear lot line is adjoining a lot in an RS or RM District, and then the rear yard shall be a minimum of 10 feet. The required rear yard shall be increased by one half foot for each foot by which the building height exceeds 20 feet. 7. Lot Coverage. No requirements. HISTORY Repealed & Reenacted by Ord. 97-078 §2 on 12/31/1997 Amended by Ord. 98-016 §3 on 3/11/1998 Amended by Ord. 2020-001 §12 on 4/21/2020 Amended by Ord. 2024-008 §13 on 10/9/2024 Exhibit N 18.110.020 Seventh Mountain/Widgi Creek And Black Butte Ranch Resort Districts A. Uses permitted outright. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.110.050: 1. Single-family dwelling. 2. Residential home. 3. Residential facility. .4 3.Timeshare units existing as of January 1, 1984 at Black Butte Ranch. 5-4.Timeshare units at the Inn of the Seventh Mountain. 6:5.The following resort recreational facilities: Recreational path, picnic and barbecue area, park, playground, and sport courts for basketball, volleyball, and similar small-scale recreation activities. 7 6. Livestock and horse grazing on common area in Black Butte Ranch. 8-7. Police or security facility. B. Uses permitted subject to site plan review. The following uses and their accessory uses are permitted subject to applicable provisions of DCC 18.110 and DCC 18.116, Supplementary Provisions, and DCC 18.124, Site Plan Review: 1. Resort facility, as that term is defined in DCC Title 18. 2. Resort recreation facilities, as that term is defined in DCC Title 18, except those uses listed in DCC 18.110.020(A)(6). 3. Resort utility facilities, as that term is defined in DCC Title 18. 4. Property sales and rental office. 5. Hotel or motel. 6. Daycare facility. 7. Fire station. 8. Post office. 9. Multiple -family dwellings. 10. Employee housing. 10.11. Residential facility. C. Conditional uses permitted. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.110 and DCC 18.116, Supplementary Provisions, DCC 18.124, Site Plan Review, and DCC 18.128, Conditional Use: 1. Religious institutions or assemblies. 2. Wireless telecommunications facility. HISTORY Adopted by Ord. 2001-048 §2 on 12/10/2001 Amended by Ord. 2014-009 §1 on 8/6/2014 Amended by Ord. 2014-025 §1 on 9/15/2014 Amended by Ord. 2020-001 §13 on 4/21/2020 Amended by Ord. 2024-008 §14 on 10/9/2024 Exhibit 0 18.116.210 Residential Homes And Residential Facilities A. Res„ e ti3I homes and residential facilities shall be permitted in the same man cr that single family dwellings are permitted under DCC Title 18. For the purposes of DCC Title 18, the term "dwelling" or "single family dwellings" shall be synonymous with the terms "residential home" or "residential facility." A. In any application for a residential home or residential facility, the applicant shall not be required to supply any information concerning the existence of or the nature or severity of any handicap (as that term is defined under the Fair Housing Act) of prospective residents. HISTORY Adopted by Ord. 91-038 §3 on 9/30/1991 Amended by Ord. 2024-008 §15 on 10/9/2024 Exhibit P 18.128.040 Specific Use Standards. A conditional use shall comply with the standards of the zone in which it is located and with the standards and conditions set forth in DCC 18.128.045-050 through DCC 18.128.370. HISTORY Adopted by Ord. PL-15 on 11/1/1979 Amended by Ord. 80-206 §4 on 10/13/1980 Amended by Ord. 84-015 §3 on 7/18/1984 Amended by Ord. 84-023 §4 on 8/1/1984 Amended by Ord. 85-002 §9 on 2/13/1985 Amended by Ord. 86-018 §1 on 6/30/1986 Amended by Ord. 86-056 §§3 and 4 on 6/30/1986 Amended by Ord. 87-032 §1 on 12/9/1987 Amended by Ord. 89-008 §1 on 3/29/1989 Amended by Ord. 90-014 §§39 and 40 on 7/12/1990 Amended by Ord. 91-005 §§46 and 47 on 3/4/1991 Amended by Ord. 91-020 §1 on 5/29/1991 Amended by Ord. 94-008 §15 on 6/8/1994 Amended by Ord. 94-053 §6 on 12/7/1994 Amended by Ord. 2000-033 §9 on 12/6/2000 Amended by Ord. 2024-008 §16 on 10/9/2024 Exhibit Q 19.04.040 Definitions As used in DCC Title 19, words in the present tense include the future; the singular number includes the plural and the plural number includes the singular; unless the context clearly indicates the contrary, the word "shall" is mandatory and not discretionary; the word "may" is permissive; the masculine gender includes the feminine and neuter; and the term "this title" shall be deemed to include the text of this title and accompanying zoning maps and all amendments hereafter made thereto. As used in this title, unless the context requires otherwise, the following words and phrases shall be defined as set forth in DCC 19.04.040. "Residential facility" means a residential care, residential training, or residential treatment facility, as those terms are defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455), that provides residential care alone or in conjunction with treatment or training or a combination thereof for six to fifteen individuals who need not be related. Staff persons required to meet licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential facility. "Residential home" means a residential treatment or training home, as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455), a residential facility registered under ORS 443.480 (Definitions for ORS 443.480 to 443.500) to 443.500 (Investigation of registered facilities), or an adult foster home licensed under ORS 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered) that provides residential care alone or in conjunction with treatment or training or a combination thereof for five or fewer individuals who need not be related. Staff persons required to meet licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential home. HISTORY Adopted by Ord. 80-217 §1 Exhibit A on 12/18/1980 Amended by Ord. 82-011 on 8/9/1982 Amended by Ord. 83-041 §2 on 6/1/1983 Amended by Ord. 86-032 §1 on 4/2/1986 Amended by Ord. 86-033 §1 on 4/2/1986 Amended by Ord. 86-017 §1 Exhibit a on 6/30/1986 Amended by Ord. 86-055 §1 on 6/30/1986 Amended by Ord. 86-058 §1 on 6/30/1986 Amended by Ord. 88-042 §3 on 12/19/1988 Amended by Ord. 90-038 §1 on 10/3/1990 Repealed & Reenacted by Ord. 90-007 §1 on 12/7/1990 Amended by Ord. 91-001 §1 on 1/28/1991 Amended by Ord. 91-029 §§1, 8, 9 and 10 on 8/7/1991 Amended by Ord. 92-043 §1 on 5/20/1992 Amended by Ord. 93-018 §1 on 5/19/1993 Amended by Ord. 94-005 §§1 & 2 on 6/15/1994 Amended by Ord. 95-045 §15 on 6/28/1995 Amended by Ord. 96-071 §1D on 12/30/1996 Amended by Ord. 97-017 §1 on 3/12/1997 Amended by Ord. 97-038 §1 on 8/27/1997 Amended by Ord. 99-001 §§2-4 on 1/13/1999 Repealed & Reenacted by Ord. 2009-002 §1,2 on 2/11/2009 Amended by Ord. 2014-016 51 on 12/29/2014 Amended by Ord. 2016-016 §1 on 6/1/2016 Amended by Ord. 2017-009 §7 on 7/21/2017 Amended by Ord. 2020-001 §17 on 4/21/2020 Amended by Ord. 2020-010 §8 on 7/3/2020 Amended by Ord. 2021-009 §2 on 6/18/2021 Amended by Ord. 2024-008 §17 on 10/9/2024 Exhibit R 19.12.020 Permitted Uses The following uses are permitted: A. Farm uses as defined in DCC Title 19. B. Single-family dwelling. C. Home occupation subject to DCC 19.88.140. D. Other accessory uses and accessory buildings and structures customarily appurtenant to a permitted use subject to DCC 19.92.020. E. Day care center facilities subject to site review, DCC 19.76 and DCC 19.88.160. F. Farm stands subject to DCC 19.76 and DCC 19.88.290. G. Accessory Dwelling Units, subject to DCC 19.92.150. H. Residential Accessory Dwelling Units, subject to DCC 19.92.160. 14-1. Residential home. HISTORY Adopted by Ord. PL-11 on 7/11/1979 Amended by Ord. 88-042 §4 on 12/19/1988 Repealed & Reenacted by Ord. 90-038 §1,2 on 10/3/1990 Amended by Ord. 91-001 §2 on 1/28/1991 Amended by Ord. 2008-014 §3 on 3/31/2008 Repealed & Reenacted by Ord. 2009-002 §1,2 on 2/11/2009 Amended by Ord. 2019-009 §4 on 9/3/2019 Recorded by Ord. 2019-009 §4 on 9/3/2019 Amended by Ord. 2023-014 §5 on 12/1/2023 Amended by Ord. 2024-008 §18 on 10/9/2024 Exhibit S 19.20.020 Permitted Uses The following uses are permitted: A. Single-family dwelling. B. Agriculture, excluding the keeping of livestock. C. Home occupations subject to DCC 19.88.140. D. Other accessory uses and accessory buildings and structures customarily appurtenant to a permitted use subject to DCC 19.92.020. E. Accessory Dwelling Units, subject to DCC 19.92.150. F. Child care facility and/or preschool G. Residential Accessory Dwelling Units, subject to DCC 19.92.160. &H. Residential home. HISTORY Adopted by Ord. PL-11 on 7/11/1979 Amended by Ord. 88-042 §6 on 12/19/1988 Repealed & Reenacted by Ord. 90-038 §1,2 on 10/3/1990 Amended by Ord. 91-001 §4 on 1/28/1991 Amended by Ord. 93-018 §3 on 5/19/1993 Repealed & Reenacted by Ord. 2009-002 §1,2 on 2/11/2009 Amended by Ord. 2019-009 §5 on 9/3/2019 Recorded by Ord. 2019-009 §5 on 9/3/2019 Amended by Ord. 2020-001 §20 on 4/21/2020 Amended by Ord. 2020-010 §9 on 7/3/2020 Amended by Ord. 2023-014 §6 on 12/1/2023 Amended by Ord. 2024-008 §19 on 10/9/2024 Exhibit T 19.22.020 Permitted Uses The following uses and their accessory uses are permitted outright: A. Single-family dwelling. B. Home occupation subject to DCC 19.88.140. C. Other accessory uses and accessory buildings and structures customarily appurtenant to a permitted use subject to DCC 19.92.020. D. Residential Accessory Dwelling Units, subject to DCC 19.92.160. ID,E.Residential home. HISTORY Adopted by Ord. 2019-001 §8 on 4/16/2019 Amended by Ord. 2023-014 §7 on 12/1/2023 Amended by Ord. 2024-008 §20 on 10/9/2024 Exhibit U 19.28.020 Permitted Uses The following uses are permitted: A. Single-family dwelling. B. Agriculture, excluding the keeping of livestock. C. Rooming and boarding of not more than two persons. D. Home occupation subject to the provisions of DCC 19.88.140. E. Other accessory uses and buildings and structures customarily appurtenant to a permitted use subject to DCC 19.92.020. F. Child care facility and/or preschool_ . G. Residential home. HISTORY Adopted by Ord. PL-11 on 7/11/1979 Repealed & Reenacted by Ord. 90-038 §1 on 10/3/1990 Amended by Ord. 2020-010 §10 on 7/3/2020 Amended by Ord. 2024-008 §21 on 10/9/2024 Exhibit V CHAPTER 22.36 LIMITATIONS ON APPROVALS 22.36.010 Expiration Of Approval 22.36.020 Initiation Of Use 22.36.025 Transition Rules; Applicability 22.36.030 Extensions To Avoid Environmental Or Health Hazards 22.36.040 Modification Of Approval 22.36.050 Transfer Of Permit 22.36.060 Revocation Of Approvals 22.36.010 Expiration Of Approval A. Scope. 1. Except as otherwise provided herein, DCC 22.36.010 shall apply to and describe the duration of all approvals of land use permits provided for under the Deschutes County Land Use Procedures Ordinance, the various zoning ordinances administered by Deschutes County and the subdivision/partition ordinance. 2. DCC 22.36.010 does not apply to: a. Those determinations made by declaratory ruling, such as verifications of nonconforming uses, verifying a lot or parcel meets the "lot of record" definition in 18.04.030, and expiration determinations, that involve a determination of the legal status of a property, land use or land use permit rather than whether a particular application for a specific land use meets the applicable standards of the zoning ordinance. Such determinations, whether favorable or not to the applicant or landowner, shall be final, unless appealed, and shall not be subject to any time limits. b. Temporary use permits of all kinds, which shall be governed by applicable ordinance provisions specifying the duration of such permits. c. Quasi-judicial map changes. B. Duration of Approvals. 1. Except as otherwise provided under DCC 22.36.010 or under applicable zoning ordinance provisions, a land use permit is void two years after the date the discretionary decision becomes final if the use approved in the permit is not initiated within that time period. 2. Except as otherwise provided under applicable ordinance provisions, preliminary approval of plats or master plans shall be void after two years from the date of preliminary approval, unless the final plat has been submitted to the Planning Division for final approval within that time period, an extension is sought under DCC 22.36.010 or the preliminary plat or master plan approval has been initiated as defined herein. 3. In cases of a land use approval authorized under applicable approval criteria to be completed in phases, each phase must be initiated within the time specified in the approval, or initiated within two years of completion of the prior phase if no timetable is specified. 4. The approval period for the following dwellings in the Exclusive Farm Use and Forest Use Zones is for 4 years: a. Nonfarm dwelling b. Lot of record dwelling c. Large tract dwelling d. Template dwelling. e. Alteration, restoration, or replacement of a lawfully established dwelling-4 Forest Use Zones. f_Caretaker residences for public parks and public fish hatcheries. f g. Hardship dwelling. C. Extensions. 1. The Planning Director may grant one extension of up to one year for a land use approval or a phase of a land use approval, and two years for those dwellings listed in DCC 22.36.010(B)(4) above, regardless of whether the applicable criteria have changed, if: a. An applicant makes a written request for an extension of the development approval period; b. The request, along with the appropriate fee, is submitted to the County prior to the expiration of the approval period; c. The applicant states reasons that prevented the applicant from beginning or continuing development or meeting conditions of approval within the approval period; and d. The County determines that the applicant was unable to begin or continue development or meet conditions of approval during the approval period for reasons for which the applicant was not responsible, including, but not limited to, delay by a state or federal agency in issuing a required permit. 2. Except for those dwellings listed under DCC 22.36.010(6)(4) above, up to two additional one-year extensions may be granted by the Planning Director or the Planning Director's designees where applicable criteria for the decision have not changed, if: a. An applicant makes a written request for an extension of the development approval period; b. The request, along with the appropriate fee, is submitted to the County prior to the expiration of the approval period; c. The applicant states reasons that prevented the applicant from beginning or continuing development or meeting conditions of approval within the approval period; and d. The County determines that the applicant was unable to begin or continue development or meet conditions of approval during the approval period for reasons for which the applicant was not responsible, including, but not limited to, delay by a state or federal agency in issuing a required permit. 3. For those dwellings listed under DCC 22.36.010(B)(4), up to five additional one-year extensions may be granted if: a. The applicant makes a written request for the additional extension prior to the expiration of an extension; b. The applicable residential development statute has not been amended following the approval of the permit; and c. An applicable rule or land use regulation has not been amended following the issuance of the permit, unless allowed by the county, which may require that the applicant comply with the amended rule or land use regulation. 4. In addition to the extensions granted in DCC 22.36.010(C)(1), one additional two-year extension for a land use approval or a phase of a land use approval may be granted by the Planning Director or the Planning Director's designee under the criteria listed under DCC 22.36.010(C)(1) for approvals issued prior to June 8, 2011. This subsection does not apply for those dwellings listed under DCC 22.36.010(B)(4) above. D. Procedures. 1. A determination of whether a land use has been initiated shall be processed as a declaratory ruling. 2. Approval of an extension granted under DCC 22.36.010 is an administrative decision, is not a land use decision described in ORS 197.015 or Title 22 and is not subject to appeal as a land use decision and shall be processed under DCC Title 22 as a development action, except to the extent it is necessary to determine whether the use has been initiated. E. Effect of Appeals. The time period set forth in DCC 22.36.010(B) shall be tolled upon filing of an appeal to LUBA until all appeals are resolved. HISTORY Repealed & Reenacted by Ord. 82-011 on 8/9/1982 Repealed & Reenacted by Ord. 90-007 §1 on 12/7/1990 Amended by Ord. 95-018 §1 on 4/26/1995 Amended by Ord. 95-045 §43A on 6/28/1995 Amended by Ord. 2004-001 §4 on 7/14/2004 Amended by Ord. 2011-016 on 6/8/2011 Amended by Ord. 2015-017 §5 on 3/28/2016 Amended by Ord. 2017-015 §5 on 11/1/2017 Amended by Ord. 2020-022 §2 on 5/20/2020 Amended by Ord. 2020-007 §22 on 10/27/2020 Amended by Ord. 2024-008 §22 on 10/9/2024 Exhibit W COMMUNITY DEVELOPMENT FINDINGS HOUSEKEEPING TEXT AMENDMENTS I. APPLICABLE CRITERIA: Title 22, Deschutes County Development Procedures Ordinance 11. BACKGROUND: The Planning Division regularly proposed amendments to the Deschutes County Code (DCC) and the Comprehensive Plan to correct minor errors identified by staff, other County departments, and the public. This process, commonly referred to as housekeeping, also incorporates updates from rulemaking at the state level through amendments to Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OAR), and allows for less substantive code changes to allow for continuation of efficient County operations. The last time Deschutes County adopted housekeeping amendments occurred in March 20231. III. BASIC FINDINGS: The Planning Division determined minor changes were necessary to clarify existing standards and procedural requirements, include less substantive code alterations, incorporate changes to state and federal law, and correct errors found in various sections of the Deschutes County Code (DCC). Staff initiated the proposed changes and notified the Oregon Department of Land Conservation and Development on July 2, 2024 (File no. 247-24-000417-TA). As demonstrated in the findings below, the amendments remain consistent with Deschutes County Code, the Deschutes County Comprehensive Plan, and the Statewide Planning Goals. IV. FINDINGS: CHAPTER 22.12, LEGISLATIVE PROCEDURES Section 22.12.010. Hearing Required 1 Ordinances 2023-001. 1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 I P.O. Box 6005, Bend, OR 97708-6005 (541) 388-6575 @ cdd@deschutes .org } www.deschutes.org/cd No legislative change shall be adopted without review by the Planning Commission and a public hearing before the Board of County Commissioners. Public hearings before the Planning Commission shall be set at the discretion of the Planning Director, unless otherwise required by state law. FINDING: This criterion will be met because a public hearing was held before the Deschutes County Planning Commission (Commission) on August 22, 2024 and a public hearing was held before the Board of County Commissioners (Board) on September 25, 2024. Section 22.12.020, Notice Notice A. Published Notice 1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least 10 days prior to each public hearing. 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. FINDING: This criterion is met as notice was published in The Bulletin newspaper on August 6, 2024 for the Commission public hearing and on September 11, 2024 for the Board public hearing. B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. FINDING: Posted notice was determined by the Planning Director not to be necessary. C. Individual notice. Individual notice to property owners, as defined in DCC 22.08.010(A), shall be provided at the discretion of the Planning Director, except as required by ORS 215.503. FINDING: The proposed amendments are legislative and do not apply to any specific property. Therefore, individual notice is not required. D. Media notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. FINDING: Notice was provided to the County public information official for wider media distribution. This criterion has been met. Section 22.12.030 Initiation of Legislative Changes. A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of County Commissioners. EXHIBIT W - Ordinance No. 2024-008 Page 2 of 10 FINDING: The application was initiated by the Deschutes County Planning Division at the direction of the Board and has received a fee waiver. This criterion has been met. Section 22.12.040. Hearings Body A. The following shall serve as hearings or review body for legislative changes in this order: 1. The Planning Commission. 2. The Board of County Commissioners. B. Any legislative change initiated by the Board of County Commissioners shall be reviewed by the Planning Commission prior to action being taken by the Board of Commissioners. FINDING: This criterion is met as the Commission held a public hearing on August 22, 2024. The Board held a public hearing on September 25, 2024. Section 22.12.050 Final Decision All legislative changes shall be adopted by ordinance FINDING: The proposed legislative changes included in file no. 247-24-000417-TA will be implemented by ordinances upon approval and adoption by the Board. V. PROPOSED TEXT AMENDMENTS: The proposed text amendments are detailed in the referenced ordinance with additional text identified by underline and deleted text by strikethrough. Below are summary explanations of the proposed changes. Title 15, Buildings and Construction: Chapter 15.08. SIGNS Section 15.08.060. Sign Permit - (See Exhibit A) DCC 15.08.060 outlines exceptions for when a sign permit is required. The proposed change corrects an internal DCC reference for sign permit exceptions to the appropriate section. Title 18, County Zoning: Chapter 18.04. TITLE, PURPOSE, AND DEFINITION - (See Exhibit B) EXHIBIT W - Ordinance No. 2024-008 Page 3 of 10 Section 18.04.030. Definitions The proposed changes will update the definitions for "residential facility" and "residential home" to match the state statutory definitions in ORS (Oregon Revised Statutes) 197.660. Chapter 18.16. EXCLUSIVE FARM USE ZONES - (See Exhibit C) Section 18.16.030. Conditional Uses Permitted; High Value And Non -High Value Farmland The proposed changes alter the standards for replacing a lawfully established dwelling within the Exclusive Farm Use (EFU) Zone to match the updated state statutory standards put in place by House Bill (HB) 2192, and referenced in ORS 215.291. The modified statutory language outlines new standards for: • Determining if a dwelling is eligible for replacement. • Siting criteria for replacement dwellings. • Timelines for constructing replacement dwellings and deconstructing or converting original dwellings. • Deed restrictions for replacement dwellings. • Construction provisions from section R327 of the Oregon Residential Specialty Code that apply to replacement dwellings. Additional proposed changes modify the existing language regarding residential homes and residential facilities in the EFU Zone to match the state statutory standards of ORS 197.665 and 197.667 respectively. Deschutes County will continue to allow residential homes in existing dwellings subject to ORS 215.296. However, residential facilities will no longer be allowed in the EFU Zone as those uses are precluded per ORS 197.667. These proposed changes align with a larger set of proposed changes dealing with residential homes and residential facilities in DCC 18.116.210, as detailed below. Chapter 18.32. MULTIPLE USE AGRICULTURAL ZONE; MUA - (See Exhibit D) Section 18.32.020. Uses Permitted Outright Per ORS 197.665, the proposed changes enumerate that residential homes are a use allowed outright within residential zones, including the Multiple Use Agricultural (MUA10) Zone. Chapter 18.36. FOREST USE ZONE; F-1 - (See Exhibit E) Section 18.36.020. Uses Permitted Outright Section 18.36.025. Lawfully Established Dwelling Replacement EXHIBIT W - Ordinance No. 2024-008 Page 4 of 10 The proposed changes alter the standards for replacing a lawfully established dwelling within the Forest Use (F1) Zone to match the updated state statutory standards put in place by House Bill (HB) 2192, and referenced in ORS 215.291. The modified statutory language outlines new standards for: • Determining if a dwelling is eligible for replacement. • Siting criteria for replacement dwellings. • Timelines for constructing replacement dwellings and deconstructing or converting original dwellings. • Deed restrictions for replacement dwellings. • Construction provisions from section R327 of the Oregon Residential Specialty Code that apply to replacement dwellings. Section 18.36.070. Fire Siting Standards For Dwellings And Structures The proposed changes correct an erroneous reference the Oregon Uniform Building Code identifying noncombustible or fire resistant roofing materials for structures built in the F1 Zone. The correct reference has been included for the Oregon Residential Specialty Code. Chapter 18.40. FOREST USE ZONE; F-2 - (See Exhibit F) Section 18.40.020. Uses Permitted Outright Section 18.40.025. Lawfully Established Dwelling Replacement The proposed changes alter the standards for replacing a lawfully established dwelling within the Forest Use (F2) Zone to match the updated state statutory standards put in the place by House Bill (HB) 2192. The modified statutory language outlines new standards for: • Determining if a dwelling is eligible for replacement. • Siting criteria for replacement dwellings. • Timelines for constructing replacement dwellings and deconstructing or converting original dwellings. • Deed restrictions for replacement dwellings. • Construction provisions from section R327 of the Oregon Residential Specialty Code that apply to replacement dwellings. Section 18.40.070. Fire Siting Standards For Dwellings And Structures The proposed changes correct an erroneous reference the Oregon Uniform Building Code identifying noncombustible or fire resistant roofing materials for structures built in the F2 Zone. The correct reference has been included for the Oregon Residential Specialty Code. EXHIBIT W - Ordinance No. 2024-008 Page 5 of 10 Chapter 18.60. RURAL RESIDENTIAL ZONE; RR-10 - (See Exhibit G) Section 18.60.020. Uses Permitted Outright Per ORS 197.665, the proposed changes enumerate that residential homes are a use allowed outright within residential zones, including the Rural Residential (RR10) Zone. Chapter 18.65. RURAL SERVICE CENTER; UNINCORPORATED COMMUNITY ZONE - (See Exhibit H) Section 18.65.020. Commercial/Mixed Use District (Brothers, Hampton, Millican, Whistlestop And Wildhunt) Section 18.65.021 Alfalfa RSC; Commercial/Mixed Use District The proposed changes modify specific chapter references to residential homes and residential facilities to match the state statutory standards of ORS 197.665 and 197.667 respectively. Residential homes will continue to be allowed in all areas which permit single-family dwellings. Residential facilities will continue to be allowed in all areas which permit multi -family dwellings, or within areas which Deschutes County previously allowed the establishment of residential facilities in residential zones. Chapter 18.66. TERREBONNE RURAL COMMUNITY ZONING DISTRICTS - (See Exhibit I) Section 18.66.020. Residential (TeR) District Section 18.66.030 Residential-5 Acre Minimum (TeR5) District Section 18.66.040 Commercial (TeC) District Section 18.66.050 Commercial -Rural (TeCR) District The proposed changes modify specific chapter references to residential homes and residential facilities to match the state statutory standards of ORS 197.665 and 197.667 respectively. Residential homes will continue to be allowed in all areas which permit single-family dwellings. Residential facilities will continue to be allowed in all areas which permit multi -family dwellings, or within areas which Deschutes County previously allowed the establishment of residential facilities in residential zones. Chapter 18.67. TUMALO RURAL COMMUNITY ZONING DISTRICTS - (See Exhibit)) EXHIBIT W - Ordinance No. 2024-008 Page 6 of 10 Section 18.67.020. Residential (TuR) District Section 18.67.030 Residential-5 Acre Minimum (TuR5) District Section 18.67.040 Commercial (TuC) District Section 18.67.090. Right -Of -Way Development Standards The proposed changes modify specific chapter references to residential homes and residential facilities to match the state statutory standards of ORS 197.665 and 197.667 respectively. Residential homes will continue to be allowed in all areas which permit single-family dwellings. Residential facilities will continue to be allowed in all areas which permit multi -family dwellings, or within areas which Deschutes County previously allowed the establishment of residential facilities in residential zones. An additional proposed change corrects a scrivener's error which incorrectly identified DCC 18.67.080 as the section governing right-of-way development standards in the Tumalo Community Zone. The reference now correctly identified DCC 18.67.090 as the appropriate section. Chapter 18.74. RURAL COMMERCIAL ZONE - (See Exhibit K) Section 18.74.020. Uses Permitted; Deschutes Junction And Deschutes River Woods Store The proposed changes modify specific chapter references to residential homes and residential facilities to match the state statutory standards of ORS 197.665 and 197.667 respectively. Residential homes will continue to be allowed in all areas which permit single-family dwellings. Residential facilities will continue to be allowed in all areas which permit multi -family dwellings, or within areas which Deschutes County previously allowed the establishment of residential facilities in residential zones. Chapter 18.76. AIRPORT DEVELOPMENT ZONE - (See Exhibit L) Section 18.76.100. Design and Use Criteria The proposed changes remove an unnecessary duplicate line of text from DCC 18.76.060, which describes dimensional standards in the Airport District. The line 'The following dimensional standards shall apply in the Airport Districts" has been removed from DCC 18.76.100. Chapter 18.108. URBAN UNINCORPROATED COMMUNITY ZONE; SUNRIVER - (See Exhibit M) Section 18.108.030. Single Family Residential; RS District EXHIBIT W - Ordinance No. 2024-008 Page 7 of 10 Section 18.108.050. Commercial; C District Section 18.108.060. Resort; R District Section 18.108.120. Community General; CG District Section 18.108.150. Community Neighborhood; CN District The proposed changes modify specific chapter references to residential homes and residential facilities to match the state statutory standards of ORS 197.665 and 197.667 respectively. Residential homes will continue to be allowed in all areas which permit single-family dwellings. Residential facilities will continue to be allowed in all areas which permit multi -family dwellings, or within areas which Deschutes County previously allowed the establishment of residential facilities in residential zones. Chapter 18.110. RESORT COMMUNITY ZONE - (See Exhibit N) Section 18.110.020. Seventh Mountain/Widgi Creek And Black Butte Ranch Resort Districts The proposed changes modify specific chapter references to residential homes and residential facilities to match the state statutory standards of ORS 197.665 and 197.667 respectively. Residential homes will continue to be allowed in all areas which permit single-family dwellings. Residential facilities will continue to be allowed in all areas which permit multi -family dwellings, or within areas which Deschutes County previously allowed the establishment of residential facilities in residential zones. Chapter 18.116. SUPPLEMENTARY PROVISIONS - (See Exhibit 0) Section 18.116.210. Residential Homes And Residential Facilities The proposed changes modify the existing standards regarding residential homes and residential facilities across all zones to match the state statutory standards of ORS 197.665 and 197.667 respectively. Deschutes County will continue to allow residential homes in all areas where they were previously allowed, except those specific zoning districts which are now precluded by statute. This includes an allowance for residential homes in existing dwellings within the EFU Zone subject to ORS 215.296. Residential facilities will continue to be allowed in all residential zones they were previously allowed, with the exception of the EFU Zone as those uses are now precluded per ORS 197.667. Chapter 18.128. CONDITIONAL USE - (See Exhibit P) EXHIBIT W - Ordinance No. 2024-008 Page 8 of 10 Section 18.128.040. Specific Use Standards The proposed changes correct a scrivener's error which references a non-existent portion of code. The reference to DCC 18.128.045 has now been changed to the correct reference of DCC 18.128.050. Title 19, BEND URBAN GROWTH BOUNDARY ORDINANCE: Chapter 19.04. Title, Compliance, Applicability And Definitions - (See Exhibit Q) Section 19.04.040. Definitions Title 19 will include new definitions for "residential facility" and "residential home" to match the state statutory definitions in ORS (Oregon Revised Statutes) 197.660. Residential home and residential facility are currently undefined terms in Title 19. Chapter 19.12. URBAN AREA RESERVE ZONE UAR-10 - (See Exhibit R) Section 19.12.020. Permitted Uses The proposed changes modify specific chapter references to residential homes and residential facilities to match the state statutory standards of ORS 197.665 and 197.667 respectively. Residential homes will continue to be allowed in all areas which permit single-family dwellings. Residential facilities will continue to be allowed in all areas which permit multi -family dwellings, or within areas which Deschutes County previously allowed the establishment of residential facilities in residential zones. Chapter 19.20. SUBURBAN LOW DENSITY RESIDENTIAL ZONE; SR 2 1/2 - (See Exhibit S) Section 19.20.020. Permitted Uses The proposed changes modify specific chapter references to residential homes and residential facilities to match the state statutory standards of ORS 197.665 and 197.667 respectively. Residential homes will continue to be allowed in all areas which permit single-family dwellings. Residential facilities will continue to be allowed in all areas which permit multi -family dwellings, or within areas which Deschutes County previously allowed the establishment of residential facilities in residential zones. Chapter 19.22. WESTSIDE TRANSECT ZONE; WTZ - (See Exhibit T) Section 19.22.020. Permitted Uses EXHIBIT W - Ordinance No. 2024-008 Page 9 of 10 The proposed changes modify specific chapter references to residential homes and residential facilities to match the state statutory standards of ORS 197.665 and 197.667 respectively. Residential homes will continue to be allowed in all areas which permit single-family dwellings. Residential facilities will continue to be allowed in all areas which permit multi -family dwellings, or within areas which Deschutes County previously allowed the establishment of residential facilities in residential zones. Chapter 19.28. URBAN STANDARD RESIDENTIAL ZONE; RS - (See Exhibit U) Section 19.28.020. Permitted Uses The proposed changes modify specific chapter references to residential homes and residential facilities to match the state statutory standards of ORS 197.665 and 197.667 respectively. Residential homes will continue to be allowed in all areas which permit single-family dwellings. Residential facilities will continue to be allowed in all areas which permit multi -family dwellings, or within areas which Deschutes County previously allowed the establishment of residential facilities in residential zones. Title 22, DESCHUTES COUNTY DEVELOPMENT PROCEDURES ORDINANCE: Chapter 22.36. LIMITATIONS ON APPROVALS - (See Exhibit V) Section 22.36.010. Expiration Of Approval In compliance with ORS 215.010 to 215.293, 215.317 to 215.438, and 215.417(1), the proposed changes modify the types of dwellings which qualify for a 4-year approval duration after local land use review. The following dwelling types now qualify for a 4-year approval duration: • Replacement dwellings in the EFU Zone • Hardship dwellings in the EFU Zone VI. CONCLUSION: Based on the information provided herein, the staff recommends the Board of County Commissioners approve the proposed text amendments that make minor changes necessary to clarify existing standards and procedural requirements, incorporate changes to state and federal law, and to correct errors in the Deschutes County Code. EXHIBIT W - Ordinance No. 2024-008 Page 10 of 10 01ES BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: September 25, 2024 SUBJECT: Public Hearing - Development Agreement for Thousand Trails Bend-Sunriver RV Campground RECOMMENDED MOTION: TBD BACKGROUND AND POLICY IMPLICATIONS: The Board of County Commissioners will hold a public hearing to consider approval of and signature on Document ent No. 2024-766. a Development Agreement for Thousand Trails Bend- Sunriver RV Campground. The full record is located on the project webpage: https://www.deschutes.org/cd/page/247-24-000244-ia-development-agreement-thousand- tra i l s-rv-ca m pgro a n d BUDGET IMPACTS: N/A ATTENDANCE: Haleigh King, Associate Planner COMMUNITY DEVELOPMENT MEMORANDUM To: Deschutes Board of County Commissioners ("Board") From: Haleigh King, Associate Planner Date: September 18, 2024 Re: Public Hearing - Development Agreement for Thousand Trails Bend-Sunriver RV Campground (Document No. 2024-766, County File No. 247-24-000244-IA) The Board will conduct a public hearing on September 25, 2024 regarding a proposed Development Agreement pursuant to Oregon Revised Statutes ("ORS") 94.504 for the Thousand Trails Bend- Sunriver RV Campground. The Board will hold a work session on this item on September 23, 2024. ORS 94.504 authorizes the County to enter into a development agreement and stipulates the requirements and process for such an agreement. In order to approve the Development Agreement, the Board must find that the agreement is consistent with local regulations then in place. ORS 94.508(1). Approval of a development agreement must be by adoption of an ordinance declaring approval. ORS 94.508(2).1 The general purpose of a development agreement between a local jurisdiction and a person who owns or controls property within the jurisdiction, is to detail the obligations of both parties and specify the standards and conditions that will govern development of the property. Although such agreements are voluntary, once made they are binding on the parties and their successors. A development agreement provides assurances to the developer that the development regulations that apply to the project will not change during the term of the agreement. 1. Background and Summary The purpose of the Development Agreement is for the applicant and the County to clarify the nature and extent of development that has been previously approved at the subject property. The Applicant currently operates Thousand Trails Bend-Sunriver RV Campground ("Campground") at the subject property. Historical records indicate that on or before 1973, the County approved a master DCC 18.56.130 provides that the County may require a development agreement and performance bond as a condition of site plan approval. However, the County has not adopted an ordinance establishing procedures and requirements for consideration of development agreements, as permitted by ORS 94.513. 11 7 NW Lafayette Avenue, Bend, Oregon 97703 P.O. Box 6005, Bend, OR 97708-6005 (541) 388-6575 @cdd@deschutes.org ® www.deschutes.org/cd plan for a planned development known as Fort Laramie and, thereafter, zoned the subject property Planned Development ("PD"). The subject property now carries the Rural Residential (RR10), Flood Plain (FP), and Exclusive Farm Use (EFU) Zones and includes the Landscape Management (LM) and Wildlife Area (WA) Combining Zones. The 1973 County land use decision and associated files approving the Fort Laramie master plan and rezone has not been retained by the County due to unknown reasons. Subsequent to the loss of the 1973 master plan approval, there has been confusion regarding the scope and intensity of development allowed at the Property. In 1979, a new master plan was recorded to reflect the development originally approved in the 1973 master plan (Exhibit B). Subsequently, in 1986, the County approved a minor alteration to SP-78-68, further confirming the development originally approved in the 1973 master plan. Prior land use approvals allowed for addition or modification of a variety of structures and uses over the years including a mini -golf facility and additional camping spaces, water tower, chapel, restaurant, and property signage. II. Development Agreement Through the Development Agreement, the applicant requests the County to recognize its right to develop a maximum of 520 total sites within the campground property and to confirm that all existing facilities at the property are considered permitted and vested. The applicant's request to memorialize the rights to 520 camp sites in the Development Agreement is consistent with historical planning documents and the past master plan approval (Exhibit C, SP- 86-17). Based on the Existing Conditions analysis provided by the applicant in Exhibit B, the Thousand Trails development currently contains 335 total existing sites which include the following: • Fort Laramie Sites - 28 sites (15 park model homes and 13 trailer sites) o This is consistent with the number of sites shown on the 1979 Master Plan • Yurts - 8 • Cottages/Cabins - 11 • Full Hook Up Camp Sites - 288 Based on the number of existing sites, this leaves a remainder of 185 sites that could be constructed pursuant to the Development Agreement. It is anticipated that future expansion would occur along the western boundary of the subject property which is the area that was not fully built out. As stated in Section 2.2 of the Development Agreement, future expansion or alterations to the campground will require land use approval from the County in accordance with County zoning and procedure ordinances and statutory processing requirements in existence as of the date the Development Agreement is executed. The Development Agreement does not give a blanket 2 approval to any expansion. The County would be required to coordinate and provide notice to neighbors and partner agencies (e.g. fire, onsite wastewater, transportation). The Applicant has included a request for the County to waive paving standards for any future land use application - Section 2.4. Deschutes County Code Section 18.116.030(F)(4) gives discretion to the decision -maker to waive paving standards in instances where any of the following are true: 1. A high water table in the area necessitates a permeable surface to reduce surface water runoff problems; or 2. The subject use is located outside of an unincorporated community and the proposed surfacing will be maintained in a manner which will not create dust problems for neighboring properties; or 3. The subject use will be in a Rural Industrial Zone or an Industrial District in an unincorporated community and dust control measures will occur on a continuous basis which will mitigate any adverse impacts on surrounding properties. A waiver to the paving standards can be supported pursuant to No. 2 above. This request will be memorialized in any future land use applications and conditions of approval would be added to ensure non -paved surfacing will be maintained to not create dust problems for neighboring properties. Consistent with ORS 94.504(8)(b), the maximum duration of the Development Agreement is seven (7) years. II1. Public and Agency Comments Staff mailed the Notice of Public Hearing on September 4, 2024 and published notice in the Bend Bulletin on September 4, 2024. Notice was sent to affected agencies as well as adjacent property owners. Staff has not received any public comments as of the date of this memo. The Department of State Lands (Jessica Salgado) provided the following information in response to the Notice of Public Hearing: Thank you for clarifying. At first glance, it was thought that additional RV sites were proposed. Looking at the application, it seems that the majority of the RV sites are existing in the western half of the property. The only difference that I see (between the 1979 plan and 2023 plan set) is the addition of a single lot (northwestern -most) in the Fort Laramie area. There are no mapped wetlands or other waters in this area. Staff has not received any other agency comments as of the date of this memo. 3 IV. ORS 94.504 ORS 94.504(2) sets forth the required elements of a development agreement which include: (a) the duration of the agreement; (b) the permitted uses of the property; (c) the density or intensity of use; (d) the maximum height and size of proposed structures; (e) provisions for reservation or dedication of land for public purposes; (f) a schedule of fees and charges; (g) a schedule and procedure for compliance review; (h) responsibility for providing infrastructure and services; (i) the effect on the agreement when changes in regional policy or federal or state law or rules render compliance with the agreement impossible, unlawful or inconsistent with such laws, rules or policy; (j) remedies available to the parties upon a breach of the agreement; (k) the extent to which the agreement is assignable; and (L) the effect on the applicability or implementation of the agreement when a city annexes all or part of the property subject to a development agreement. The proposed Development Agreement includes all applicable statutorily required elements. V. Next Steps Following the hearing the Board may choose to: • Continue the hearing to a date and time certain; • Close the oral portion of the hearing and leave the written record open to a date and time certain; • Close the hearing and commence deliberations; or • Close the hearing and schedule deliberations for a date and time to be determined. VI. Motion If the Board chooses to commence deliberations and move towards a decision, staff recommends the following motion if the Board chooses to approve the Development Agreement: The Board moves to approval of and signature on Document No. 2024-766; Development Agreement for Thousand Trails Bend-Sunriver RV Campground. Attachments: A. Document No. 2024-766: Development Agreement for Thousand Trails Bend-Sunriver RV Campground (County File No. 247-24-000244-IA) 4 REVIEWED LEGAL COUNSEL For Recordin Stam . Onl After recording, return to: Schwabe, Williamson & Wyatt 360 SW Bond St., Ste. 500 Bend, OR 97702 Attn: Kenneth Katzaroff Kkatzaroff@SCHWABE.com DEVELOPMENT AGREEMENT BETWEEN MHC TT, L.P. AND DESCHUTES COUNTY, OREGON This Statutory Development Agreement (the "Agreement") is made and entered into this day of , 2024 by and between DESCHUTES COUNTY, a political subdivision of the State of Oregon (the "County"), and MHC TT, L.P., a Delaware limited partnership ("Developer"), and its assigns, pursuant to ORS 94.504 to 94.528. The County and Developer may be referred to jointly in this Agreement as the "Parties" and individually as a "Party." RECITALS A. Developer is the legal owner of certain real property in Deschutes County, Oregon, consisting of approximately 276 acres (the "Property") and shown on the Existing Master Plan, attached hereto as Exhibit A. B. The Property consists of three lots of record, and is currently zoned Rural Residential- 10 Acre Minimum ("RR-10", Flood Plain ("FP"), and Exclusive Farm Use- La Pine Subzone ("EFU-LA"). The Property is also designated with the County's Landscape Management ("LM") and Wildlife Area ("WA") overlay districts. C. Developer currently operates Thousand Trails Bend-Sunriver RV Campground at the Property. D. On or before 1973, the County approved a master plan for a planned development known as Fort Laramie and, thereafter, zoned the Property Planned Development ("PD"). This development is now known as Thousand Trails. Page 1 of 9 County Document No. 2024-766 E. The 1973 County land use decision approving the Fort Laramie master plan and rezone has not been maintained by the County due to fire or other unknown reasons. Subsequent to the loss of the 1973 master plan approval, there has been confusion regarding the scope and intensity of development allowed at the Property. F. In 1979, a new master plan was recorded to reflect the development originally approved in the 1973 master plan. Exhibit B. On July 22, 1986, the County approved a minor alteration to SP-78-68 (the "1986 Decision"), further confirming the development originally approved in the 1973 master plan. Exhibit C. G. In order to provide certainty for the Developer and the County regarding the development allowed at the Property, Developer and County desire to enter into this Agreement. AGREEMENT In consideration of the mutual promises and performance obligations of each Party set out in this Agreement, the County and Developer hereby agree to the following teens and conditions, including three (3) exhibits, attached hereto and incorporated as referenced herein. 1. Effective Date and Term of Agreement. This Agreement shall be effective upon the later of (1) adoption of an ordinance by the County approving this Agreement pursuant to ORS 94.508, and (2) execution of this Agreement by both Parties. The Agreement shall continue in effect for a period of seven (7) years after its effective date, unless it is terminated in accordance with Section 7 of this Agreement. 2. Description of Development Authorized by this Development Agreement. 2.1 This Agreement confirms that the development originally authorized by the 1973 master plan and depicted on Exhibit A is hereby deemed vested and previously approved by the County (hereinafter the "Approved Development") as follows: 2.1.1 A maximum of 520 total camp sites shall be allowed at the Property. 2.1.2 All existing facilities at the Property shall be permitted pursuant to this Agreement. 2.1.3 The Parties agree that Exhibit A is a true and correct depiction of the Approved Development that is authorized at the Property. 2.2 Future Alterations to Approved Development. Page 2 of 9 County Document No. 2024-766 2.2.1 The Developer recognizes that any future alteration or expansion to the Approved Development authorized by Section 2.1 of this Agreement will require approval from the County. 2.2.2 The County shall process any application to alter or expand the Approved Development at the Property as a site plan review or alteration, pursuant to Deschutes County Code ("DCC") 18.124 and within the 150-day time period as provided for in ORS 215.427(1), unless extended or waived in writing by the Developer. 2.3 No Code Enforcement Violations. The Parties agree that by executing this Agreement, the Approved Development is hereby deemed vested and previously approved by the County and shall not constitute a basis for a County code compliance action. 2.4 Waiver of Paving Standards within DCC Chapter 18.124; Chapter 18.116. The Parties hereby agree that any future alteration or expansion to the Approved Development authorized by Section 2.1 of this Agreement will be exempt from the paving standards set forth in DCC Chapter 18.124 and DCC 18.116.030(F)(4). 3. Public Facilities, Services, and Dedications. This Agreement is intended to confirm existing development at the Property. The requirements of ORS 94.504(2)(e), (h) are not applicable. 4. Applicable Approval Criteria. For purposes of any future alteration to the Approved Development as set forth in Section 2.3 of this Agreement, the applicable zoning ordinances and other County rules and policies shall be those in effect on the date that the Agreement is approved as provided for in ORS 94.518. 5. Continuing Effect of Agreement. 5.1 In the case of any change in regional policy or federal or state law or other change in circumstance which renders compliance with this Agreement impossible or unlawful, the Parties will attempt to give effect to the remainder of this Agreement, but only if such effect does not prejudice the substantial rights of either Party under this Agreement. If the substantial rights of either Party are prejudiced by giving effect to the remainder of this Agreement, then the Parties Page 3 of 9 County Document No. 2024-766 shall negotiate in good faith to revise this Agreement to give effect to its original intent. If, because of a change in policy, law or circumstance, this Agreement fails of its essential purpose (confirming that the established development at the Property is deemed vested and previously approved) then the Parties shall be placed into their original position to the extent practical. 5.2 This Agreement shall be binding on any city should the property be annexed. 6. Default; Remedy. 6.1 Default/Cure. The following shall constitute defaults on the part of a Party: 6.1.1 A breach of a material provision of this Agreement, whether by action or inaction of a Party which continues and is not remedied within sixty (60) days after the other Party has given notice specifying the breach; provided that if the non -breaching Party determines that such breach cannot with due diligence be cured within a period of sixty (60) days, the non - breaching Party may allow the breaching Party a longer period of time to cure the breach, and in such event the breach shall not constitute a default so long as the breaching Party diligently proceeds to affect a cure and the cure is accomplished within the longer period of time granted by the non - breaching Party; or 6.1.2 Any assignment by a Party for the benefit of creditors, or adjudication as a bankrupt, or appointment of a receiver, trustee or creditor's committee over a Party. 6.2 Remedies. Each Party shall have all available remedies at law or in equity to recover damages and compel the performance of the other Party pursuant to this Agreement. The rights and remedies afforded under this Agreement are not exclusive and shall be in addition to and cumulative with any and all rights otherwise available at law or in equity. The exercise by either Party of any one or more of such remedies shall not preclude the exercise by it, at the same or different time, of any other such remedy for the same default or breach or of any of its remedies for any other default or breach by the other Party, including, without limitation, the right to compel specific performance. 7. Amendment or Termination of Agreement. This Agreement may only be amended or terminated by the mutual consent of the Parties, or their successors in interest, pursuant to ORS 94.522. 8. Miscellaneous Provisions. Page 4 of 9 County Document No. 2024-766 8.1 Notice. All notices and communications under this Agreement will be in writing and may be delivered by personal delivery, e-mail, by overnight courier service, or by deposit in the United States Mail, postage prepaid, as certified mail, return receipt requested, and addressed as follows: In the case of a notice or communication to the County, addressed as follows: County: Deschutes County Attention: BoCC PO Box 6005 Bend, OR 97708-6005 Telephone: (541) 388-6570 In the case of a notice or communication to Developer, addressed as follows: Developer: MHC TT, L.P. c/o Equity Lifestyle Properties, Inc. Two North Riverside Plaza, Suite 800 Chicago, Illinois 60606 Attention: President Telephone: (312) 279-1400 Copy to: Equity Lifestyle Properties, Inc. Two North Riverside Plaza, Suite 800 Chicago, Illinois 60606 Attention: Chief Legal Officer Telephone: (312) 279-1400 Schwabe, Williamson & Wyatt PC Attn: Kenneth Katzaroff 360 SW Bond St., Ste. 500 Bend, OR 97702 E-mail: Kkatzaroff@SCHWABE.com (503) 222-9981 Notices will be deemed received by the addressee upon the earlier of actual delivery or refusal of a party to accept delivery thereof. The addresses to which notices are to be delivered may be changed by giving notice of such change in address in accordance with this notice provision. Page 5 of 9 County Document No. 2024-766 8.2 Headings. Any titles of the sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 8.3 Counterparts. In the event this Agreement is executed in two (2) or more counterparts, each counterpart shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 8.4 Waivers. No waiver made by either Party with respect to the performance, or manner or time thereof, of any obligation of the other Party or any condition inuring to its benefit under this Agreement shall be considered a waiver of any other rights of the Party making the waiver. No waiver by County or Developer of any provision of this Agreement or any breach thereof shall be of any force or effect unless in writing; and no such waiver shall be construed to be a continuing waiver. 8.5 Time of the Essence. Time is of the essence under this Agreement. 8.6 Choice of Law. This Agreement shall be interpreted under the laws of the State of Oregon. 8.7 Attorneys' Fees. In the event a dispute arises under this Agreement and either party files legal action to interpret or enforce its terms, the prevailing party in any arbitration, legal action in state or federal court, and any appeals therefrom shall be entitled to recover its reasonable costs thus incurred, including expert witness and attorney fees, from the losing party. 8.8 Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the State of Oregon, except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Oregon, the period shall be extended to include the next day which is not a Saturday, Sunday, or such a holiday. 8.9 Construction. In construing this Agreement, singular pronouns shall be taken to mean and include the plural and the masculine pronoun shall be taken to mean and include the feminine and the neuter, as the context may require. 8.10 Severability. Consistent with Section 6 above, if any clause, sentence or any other portion of the terms and conditions of this Agreement becomes illegal, null or void for any reason, the remaining portions will remain in full force and effect to the fullest extent permitted by law. Page 6 of 9 County Document No. 2024-766 8.11 Place of Enforcement. Any action or suit to enforce or construe any provision of this Agreement by any Party shall be brought in the Circuit Court of the State of Oregon for Deschutes County, or the United States District Court for the District of Oregon. 8.12 Good Faith and Reasonableness. The Parties intend that the obligations of good faith and fair dealing apply to this Agreement generally and that no negative inferences be drawn by the absence of an explicit obligation to be reasonable in any portion of this Agreement. The obligation to be reasonable shall only be negated if arbitrariness is clearly and explicitly permitted as to the specific item in question, such as in the case of a Party being given "sole discretion" or being allowed to make a decision in its "sole judgment." 8.13 Condition of County Obligations. All County obligations pursuant to this Agreement which require the expenditure of funds are contingent upon future appropriations by the County as part of the local budget process. Nothing in this Agreement implies an obligation on the County to appropriate any such monies. 8.14 Cooperation in the Event of Legal Challenge. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the Parties agree to cooperate in defending such action. 8.15 Enforced Delay, Extension of Times of Performance. In addition to the specific provisions of this Agreement, performance by any Party shall not be in default where delay or default is due to war; insurrection, strikes, riots, floods, drought, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or mandated by governmental entities other than the County, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulation, litigation or similar bases for excused performance which is not within reasonable control of the Party to be excused; provided, however, that the Parties agree to proceed in accordance with Section 6 in the event of the occurrence of any of the foregoing events also described in Section 6. 8.16 Other Necessary Acts. Each Party shall execute and deliver to the other all such further instruments and documents and take such additional acts (which, in the case of the County, shall require adopting necessary ordinances and resolutions) as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other Parties the full and complete enjoyment of rights and privileges hereunder. 8.17 Entire Agreement. This Agreement constitutes the entire agreement between the Parties as to the subject matter covered by this Agreement. Page 7 of 9 County Document No. 2024-766 8.18 Interpretation of Agreement. This Agreement is the result of arm's length negotiations between the Parties and shall not be construed against any Party by reason of its preparation of this Agreement. 8.19 Capacity to Execute; Mutual Representations. The Parties each warrant and represent to the other that this Agreement constitutes a legal, valid, and binding obligation of that Party. Without limiting the generality of the foregoing, each Party represents that its governing authority has authorized the execution, delivery, and performance of this Agreement by it. The individuals executing this Agreement warrant that they have full authority to execute this Agreement on behalf of the entity for whom they purport to be acting. Each Party represents to the other that neither the execution nor delivery of this Agreement, nor performance of the obligations under this Agreement will conflict with, result in a breach of, or constitute a default under, any other agreement to which it is a Party or by which it is bound. 8.20 Recording. County shall cause this Agreement to be recorded pursuant to ORS 94.528. 8.21 Form of Agreement; Exhibits. This Agreement consists of pages and exhibits. The exhibits are identified as follows: Exhibit A (Existing Master Plan), Exhibit B (1979 Master Plan), and Exhibit C (1986 Decision). 8.22 Fees. The fee charged for the review of the Required Applications shall be the same as applicable fee at the time, as shown in the adopted Deschutes County Fee Schedule for the applicable fiscal year. 8.22.1 For the purposes of processing this Agreement, Developer agrees to pay County a processing fee of $3,235 dollars. Executed as of the day and year first above written. Dated this of , 20 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PATTI ADAIR, Chair ANTHONY DEBONE, Vice -Chair Page 8 of 9 County Document No. 2024-766 ATTEST: Recording Secretary PHIL CHANG, Commissioner STATE OF OREGON, County of Deschutes ) ss. Before me, a Notary Public, personally appeared ANTHONY DEBONE, PHIL CHANG, PATTI ADAIR, the above -named Board of County Commissioners of Deschutes County, Oregon and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. DATED this day of , 20 Notary Public, State of Oregon DATED this day of , 20 DEVELOPER: MHC TT, L.P., a Delaware limited partnership MHC Trails GP, L.L.C., a Delaware limited liability company, its general partner By: Name: Brett Hattel Title: Senior Vice President -Asset Management STATE OF OREGON, County of Deschutes ) ss. Before me, a Notary Public, personally appeared Brett Hattel, and acknowledged the foregoing instrument as the Senior Vice President — Asset Management, as General Partner of MHC Trails GP, LLC, on behalf of MHC TT, LP, a Delaware limited partnership. DATED this _ day of , 20 Notary Public, State of Oregon Page 9 of 9 County Document No. 2024-766 1\101 V / >•i 0 v Z ,D`[..‘..7. 7,1; SliV61 JNV HI rc) ,- • 34'"A.m , • 3,11:60 aAlm An, 1 AVM OII OVOU '3,S000: MON ei]ildVA • ClOSS Z'',/ SNOI IGNO:-) IYIoo1 -tsHI•11 911Veil ONVSCIOH1 < ski al HoHf I CJ \JI)1.1. \ICY) Srl \-.1 NV'S r•O HI OVOEi ',;•001'1,10:..yr", " r ... 4k, 4, elAA/6 /..2-4/ Awn winri1•1)ie 4 1 1 , 111' -71 It " \ 1 11 )1. , -; """i\/• • (I it.' •-) 211) • NrZi2ILLCVW 0111 0.1(.001411,0bill 10.0.<10;10,1 1 -I '1 71 1 • 1,1 .) ) •') • /1,1 1 i 'Il,' 1 511 t,'t m"'"nirM.Chld NOMIO'QN.19 3UJ'Spalapueinoya t4f Ai • • • •• "3 • • , r; -•! ' `5- f*. •-•' 1/1 ; ) f4,'. 'I • ?j ("r" ' 4 c.f.15r1 ' < 1 '107-1.f Y -1,01 • I - ) , - -, t ''l —1....'"s' . . • - 1' ' - ' ..:Ii,,,, . .::1 ' '../Nf 1 'I" ;"'Nt 11' • •-• 71- - • • -1 - , • \ -,., ,,--tr),.,./.. ,,, 1 • • - - • 1--1 -; . .)",5:,:1-.s. ... 1) .. . . 1-)---.) FILE NUMBER: HEARING DATE: TIME: PLACE: APPLICANT: �/z- c.©py DESCHUTES COUNTY PLANNING DIVISION STAFF REPORT SP-86-17 July 8, 1986 7:00 p.m. Courthouse Annex, Room A 192827, /No44 JIIN 1986 isa MAILED DESCHUTES cb COUNTY rJ/ Thousand Trails Resort % Pat Harper, Representative 15325 30th Place Bellevue, Washington 98007 PROPERTY OWNER: Thousand Trails Resort % Pat Harper, Representative 15325 30th Place Bellevue, Washington 98007 REQUEST: An application for a minor alteration of a site plan for the Thousand Trails campground facility on South Century Drive. The applicant is proposing to add camping spaces and a miniature golf facility. LOCATION: The subject property is located at 17480 South Century Drive, south of Sunriver, and is further described as tax lot 2510 in Section 19 of Township 20S, Range 11E. REVIEWER: Paul E. Blikstad LEGAL FINDINGS: A. Article VII of PL-15, the Deschutes County Zoning Ordinance, establishes standards and criteria for site plan review. B. The Deschutes County Comprehensive Plan is implemented by PL-15, the Deschutes County Zoning Ordinance. C. Section 4.120 of PL-15 establishes uses and standards for the RR-10, Rural Residential zone. D. Section 4.210 of PL-15 establishes uses and standards for the Flood Plain zone. Page -1- STAFF REPORT: SP-86-17 Exhibit C Page 1 of 9 "BASIC FINDINGS: ,•The subject property is zoned RR-10, Rural Residential, with a portion of the property in the Flood Plain zone of the Little Deschutes River. The Thousand Trails Resort, according to Planning Division records, received approval for a master plan for development. C. Three other previous applications have been filed for the Thousand Trails facility: 1) 2 SP-78-68, an application for a site plan for a lodge facility and campsite improvement; this application was approved. V-80-17, an application for a variance to the maximum height for structures in an RR-10 zone to allow a water tower; this application was denied. 3) SP-80-27, an application for a reservoir for the water system on the site; this application was approved. D. There is reference (in several instances) in the county files to 520 total camping spaces. The 520 spaces is also mentioned in an engineer's report for the domestic water supply system for Thousand Trails. E. The development at this site was originally designated or called Ft. Laramie, and the name was changed when Thousand Trails took over the facility. P. There are existing dwellings in the area described as Ft. Laramie West Subdivision. According to the applicant's representative, there are 13 of the lots in Ft. Laramie Subdivision with dwellings that are owned by private individuals. The remaining lots are owned by Thousand Trails and are not proposed to be used for camping purposes. There is no designation for Ft. Laramie West on the site plan, and no additional camping sites or additional dwellings will be allowed. G. The Thousand Trails property extends to the east side of the Little Deschutes River where, on the east side, it is zoned EFU-80, Flood Plain, and Landscape Management. The site plan does not include this eastern part of the property nor any development for it. Any proposed use of this property should need some type of land use action. CONCLUSIONARY FINDINGS: A. The miniature golf course was originally shown on the 1978 site plan SP-78-68, and is determined to be a designated Page -2- STAFF REPORT: SP-86-17 1 Exhibit C Page 2 of 9 • • part of the facility by the Planning staff. Any construction of the miniature golf course will require screening (landscaping) for the visual impact to South Century Drive. B. According to the applicant, the site of the chapel on SP-78-68 has been removed, with the place for religious services moved to, the lodge. C. The "Old West" compound area includes facades that read "Saloon" and "Schoolhouse". According to the applicant, these do not exist as facilities, but are only facades. No saloon (bar) or school will be allowed as part of this site plan review. D. The site plan submitted by the applicant includes the wording "Temporary Trading Post" for the store that is located on the site. The word "temporary" indicates a possible relocation, which would not be allowed as part of this review or in this zone. In addition, no expansion of the existing store is allowed as a part of this review.-- E. The recreational vehicle storage area indicated on the site plan is possibly in the flood plain; the applicant will need to demonstrate that the maintenance building is not in the flood plain. F. According to the applicant, the gas pump was in existence when Thousand Trails purchased the property, and it now services only staff vehicles. The Planning staff recommends that it remain in this status. G. A development of a campsite for over 500 potential campers creates a need for an additional accessway for emergency vehicles and egress. In the event of a fire, one access point is not sufficient for maximum safety. The Planning staff recommends a requirement that an additional access roadway be made available for emergency purposes only. H. The total number of camping spaces allowed for thissite plan review will be 520. The facility currently has 301 camping spaces, with a proposed expansion of 232 spaces. The expansion will have to be reduced by 13 spaces. I. In conjunction with an additional access road, a fire prevention plan for the development appears to be necessary. The Planning staff recommends that a fire protection plan be a requirement of approval for the site plan. The following items need to be addressed: 1) Tree thinning and brush clearance around fire pits. 2) ;.Access for fire trucks, the types of fire equipment, and where fuel breaks should be, as determined by the Page -3- STAFF REPORT: SP-86-17 Exhibit C Page 3of9 • • local fire authority, etc. (see natural hazards section of the County Comprehensive Plan, policies 5, 6, and 13). J. The applicant should be required to submit phased development time estimates. There are three proposed additions on the site plan designated "J", "L", and "M". The Planning staff recommends a phasing plan be submitted to the Planning Division. K. The campground facility currently has cindered and dirt roads, with a speed limit imposed for the facility. The Planning staff recommends that all roads have cindered or aggregate surfaces and that adequate dust control measures be taken. CONCLUSIONS: The Thousand Trails facility is a legal existing use, with the proposed expansion requiring site plan review. The Planning staff believes this site plan to be in conformance with the Deschutes County Zoning Ordinance PL-15, the Deschutes County Comprehensive Plan, and the Statewide Planning Goals. Therefore, the Planning staff would recommend approval of this site plan with the following conditions of approval: 1. A maximum of 520 total campsites shall be allowed, including the individual lots in Ft. Laramie West Subdivision, owned by Thousand Trails. The Thousand Trails property on the east side -of the Little Deschutes River will be required to have a site plan review for any development. 3. The miniature golf course shall not be open to the public, but for Thousand Trails members only. The miniature golf course shall be required to have landscaping on the south, west, and east boundaries to limit its visual impact on South Century Drive. A landscape plan shall be submitted to the Planning Division, which shall require approval from the planning director. 4. No expansion of the "Trading Post" shall be allowed as part of this site plan review. 5. No saloon/bar or school shall be allowed as part of this site plan review. 6. The applicant shall provide adequate information demonstrating that the RV maintenance building is not in the floodplain. 7. The gas pump shall be used for Thousand Trails staff vehicles only. Page -4- STAFF REPORT: SP-86-17 Exhibit C Page 4 of 9 • • 8. An additional accessway shall be made available to South Century Drive for emergency vehicles. An access permit from the Deschutes County Public Works Department shall be required for the accessway location. 9. The applicant shall submit a fire prevention plan to the Planning Division, which will also be reviewed by the local fire authority. 10. The applicant shall submit a phased development plan to the Planning Division. The plan shall include a schedule of additions and improvements to the approved site plan. 11. The applicant shall sign and enter into a development agreement with Deschutes County to ensure that all elements of this site plan will be installed as approved. This development agreement shall be approved and recorded with the Deschutes County Clerk prior to issuance of any building permits. 12. The applicant shall meet all requirements of the Deschutes County Environmental Health Division and/or the Oregon State Department of Environmental Quality. 13. The applicant shall meet all requirements of the Deschutes County Building Safety Division and/or the State of Oregon. PEB/scw Page -5- STAFF REPORT: SP-86-17 Exhibit C Page 5 of 9 t 0/1 File Number: Applicant: Request: Planning Staff Representative: Planning Staff Recommendation: Public Hearing: • Hearings Officer/ Administrative Law Judge Courthouse Annex / Bend, Oregon 97701 / (503) 388-6626 (503) 382-8721 DESCHUTES COUNTY HEARINGS OFFICER PUBLIC HEARING, July 8, 1986 FINDINGS AND DECISIONS Burden of Proof: FINDINGS: SP-86-17 Thousand Trails Resort, Inc. `f. CY Michael T. Dugan s'I'.� �J no Jut 1986 MAILED DESCHUTES/�/' COUNTY • Application for a minor alteration of a site plan for the Thousand Trails Campground Facility on South Century Drive. The applicant is proposing to add camping spaces and a minature golf facility. Paul Blikstad Approval A public hearing was held in Conference Room A of the Deschutes County Courthouse Annex, Bend, Oregon, on Tuesday, July 8, 1986, at 7:00 p.m. In order to receive approval of this request, the applicant must demonstrate conformance with the applicable criteria as contained in Article VII of PL 15, the Deschutes County zoning ordinance and Section 4.120 and 4.210 of Deschutes County Zoning Ordinance No. PL 15. 1. Location: The subject property is located at 17480 S. Century Drive, South of Sunriver and is further described as Tax Lot 2510 in Section 19, Township 20 S., Range 11 E. 2. Zone: The subject property is zoned RR-10, Residential, with a portion of the property in the flood zone and EFU zone of the Little Deschutes River. Rural plain 3. Comprehensive Plan Designation: The subject property is Findings and Decisions ExfABR 1 Page 6 of 9 • • designated Rural Residential in the Deschutes County Comprehensive Plan Map. 4. Site Description: There are existing dwellings in the area described as Fort Laramie West Subdivision. There are 13 of the lots in the Fort Laramie Subdivision with dwellings that are privately owned. The remaining lots are owned by Thousand Trails. The Thousand Trails property extends to the East side of the Little Deschutes River where, on the East side it is zoned EFU-80, flood plain and landscape management. The subject property is currently developed as a campground and there are currently 301 camping spaces. The original development was called Fort Laramie and the name was changed when Thousand Trails took over the facilitiy. 5. Proposed Use: The applicants propose to increase the number of camping spaces so that there is a total of 520 spaces. There is reference in the county files to 520 total camping spaces. The 520 spaces is also mentioned in the engineer's report for domestic water supply system for Thousand Trails. The -applicants additionally propose to install a minature golf course which was originally shown on the 1978 site plan, SP-78-68, and is determined to be a designated part of the facility by the Planning staff. The applicants propose to install visual screening to lessen the visual impact of the minature golf course towards South Century Drive. Current Use: According to the applicant, the site of the chapel on Site Plan 78-68 has been removed with the place for the religious services being moved to the lodge. -The "Old West" compound area includes the facades that read "Saloon" and "School House". The applicant maintains that these do not exist as facilities, but are only facades. No saloon or school will be allowed as a part of this site plan review nor is any sought to be approved. The site plan submitted by the applicant includes the word "Temporary Trading Post" for the store that is located on the site. No expansion of the existing store is allowed as part of this review, nor is the applicant requesting expansion. The gas pump has been in existence since Thousand Trails purchased the property and it now only services staff vehicles. The applicant is not requesting expansion of that facility. The development of a campsite for approximately 520 potential campers creates a need for an additional access way for emergency vehicles and egress. In the event of a fire, one access point is not sufficient for maximum safety. The applicant will be required to create additional access roadway for emergency purposes only. The total number of camping spaces allowed for this site plan will be 520. According to the applicant at the public hearing only 520 are sought. As part of the landscape plan which the applicant proposes it will be necessary for a fire protection plan and approval of the fire protection plan to be made as part of the site plan. The fire protection plan shall address tree thinning and brush clearance around fire pits, Findings and Decisions Page 2 Exhibit C Page 7 of 9 • 1 access for fire trucks and for the type of fire equipment used by the fire department and for fuel breaks as required by the local fire authority. The applicant has proposed to phase the development. The applicant has not submitted any phase development time estimate. As a condition of approval the applicant will be required to designate the phased J, L, and M on the site plan and submit a phasing plan to the planning division. The campground facility currently has cindered and dirt roads with a speed limit imposed for the facility. All additional roads and all current roads will have to be cindered or aggregate surfaced to provide adequate dust control measures. The applicant has indicated that they intend to conform with this condition. DECISION: The applicant has demonstrated conformance with the applicable zoning criteria. Based upon the above findings this application is approved with the following conditions: 1. A maximum of 520 total camp sites shall be allowed, including the individual lots in the Fort Laramie West Subdivision owned by Thousand Trails. 2. Thousand Trails property on the East side of the Little Deschutes River will be required to have a site plan review for any development. 3. The minature golf course shall not be open to the public and shall be reserved for Thousand Trails members only. The minature golf course shall be required to have landscaping on the southwest and east boundaries to limit its visual impact on South Century Drive and hours of operation shall be limited to concluding no later than one half hour after sunset. Any additional lighting, or expansion of the facility will require an additional site plan approval. 4. No expansion of the trading post shall be allowed as part of the site plan. 5. No saloon/bar or school shall be allowed as part of the site plan. 6. The gas pump shall be used for Thousand Trails staff vehicles only. 7. Additional access way shall be made available to the South Century Drive for emergency vehicles. An access permit from the Deschutes County Public Works Department shall be required for the access way location. 8. The applicant shall submit a fire prevention plan to the planning division which shall will also be reviewed by the local Findings and Decisions Page 3 Exhibit C Page8of9 • • fire authority. 9. The applicant shall submit a phase development plan to the planning division. The plan shall include a schedule of additions and improvements to the approved site plan. 10. The applicant shall sign and enter into a development agreement with Deschutes County to insure that all elements of the site plan will be installed as approved. This development agreement shall be approved and recorded with the Deschutes County Clerk prior to issuance of any building permits. 11. The applicant shall meet all requirements of the Deschutes County Environmental Health Division and of the Oregon State Department of Environmental Quality. 12. The applicant shall meet all requirements of the Deschutes County Building Safety Division and/or the State of Oregon. 13. The applicant shall cause to be cindered with cinders or aggregate surface material all roads in the development. THIS DECISION BECOMES FINAL 15 DAYS FROM THE DATE MAILED, UNLESS APPEALED. DATED this 2- day of July, 1986. MICHAEL T. DUGAN Hearings Officer MTD/mef CC: file BOCC City of Bend Planning Director City of Redmond City Planning Director Deschutes County Planning Director Deschutes County Public Works Department Richard B. Wright Duane Clark James Powell Ruth Wahl Robert Robinson Stephen Thompson Kenneth Johnson Linda Gross Thousand Trails Resort Jack Kunkle Findings and Decisions Exiiign 4 Page 9 of 9 BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject. PU'd 'pA Melot 4 f4 Date: Name A.J f 3( i Address iwo/ )A, ge4 '301 it 0 12-- T7 61 Phone #s � . U -3 , E-mail address ,nt./ f,, e ryl% C0'1 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 SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS Subject: Name BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Address �'� 6- ( l /145,74 KA)l i Phone #s ( - E-mail address j t'� cki\ A 0 X\ Ck6yyl In Favor Neutral/Undecided ix Opposed Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. No SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS . 2 b S2sr'5Depo t MEmruOt H DRUM -47000o"D+-- tot. 1551513-a5D 9e<ol rsuw ct ... cAsc4 COLuxre!A Ns M THA JLJ, Safety Data Sheet according to 29CFR1910/1200 and GHS Rev. 3 Effective date : 01.08.2015 Page 1 of 8 Methanol, Lab Grade, 4L SECTION 1 : Identification of the substance/mixture and of the supplier Product name : Manufacturer/Supplier Trade name: Manufacturer/Supplier Article number: S25426A Recommended uses of the product and uses restrictions on use: Manufacturer Details: AquaPhoenix Scientific 9 Barnhart Drive, Hanover, PA 17331 Supplier Details: Fisher Science Education 15 Jet View Drive, Rochester, NY 14624 Methanol, Lab Grade, 4L Emergency telephone number: Fisher Science Education Emergency Telephone No.: 800-535-5053 SECTION 2 : Hazards identification Classification of the substance or mixture: Flammable Flammable liquids, category 2 Toxic Acute toxicity (oral, dermal, inhalation), category 3 Health hazard Specific target organ toxicity following single exposure, category 1 AcTox Dermal. 3 Flammable Iiq. 2 AcTox Oral. 3 AcTox Inhaln. 3 Stot SE. 1 Signal word :Danger Hazard statements: Highly flammable liquid and vapour Toxic if swallowed Toxic in contact with skin Toxic if inhaled Causes damage to organs Precautionary statements: If medical advice is needed, have product container or label at hand Keep out of reach of children Read label before use SA Created by Global Safety Management, Inc. -Tel: 1-813-435-5161 - www.gsmsds.com Safety Data Sheet according to 29CFR1910/1200 and GHS Rev. 3 Effective date : 01.08.2015 Page 2of8 ethanol, Lab Grade, 4L Wear protective gloves/protective clothing/eye protection/face protection Wash skin thoroughly after handling Do not eat, drink or smoke when using this product Avoid breathing dust/fume/gas/mist/vapours/spray Keep away from heat/sparks/open flames/hot surfaces. No smoking Do not breathe dust/fume/gas/mist/vapours/spray Specific treatment (see supplemental first aid instructions on this label) IF ON SKIN: Wash with soap and water Call a POISON CENTER or doctor/physician if you feel unwell Specific measures (see supplemental first aid instructions on this Zabel) Take off contaminated clothing and wash before reuse Wash contaminated clothing before reuse IF SWALLOWED: Immediately call a POISON CENTER or doctor/physician IF exposed: Call a POISON CENTER or doctor/physician IF INHALED: Remove victim to fresh air and keep at rest in a position comfortable for breathing Store locked up Store in a well ventilated place. Keep cool Dispose of contents and container as instructed in Section 13 Other Non-GHS Classification: WHMIS B2 D2B NFPA/HMIS NFPA SCALE (0-4) D1B HMIS RATINGS (0-4) SECTION 3 : Composition/information on ingredients Ingredients: CAS 67-56-1 lMethanol >90 % Created by Global Safety Management, Inc. -Tel: 1-813-435-5161 - www.gsmsds.com Safety Data Sheet according to 29CFR1910/1200 and GHS Rev. 3 Effective date : 01.08.2015 Page 3 of 8 ethanol, Lab Grade, 4L Percentages are by weight SECTION 4 : First aid measures Description of first aid measures After inhalation: Move exposed individual to fresh air. Loosen clothing as necessary and position individual in a comfortable position.Get medical assistance.lf breathing is difficult, give oxygen After skin contact: Wash affected area with soap and water. Rinse/flush exposed skin gently using water for 15-20 minutes. Seek medical attention if irritation persists or if concerned. After eye contact: Protect unexposed eye. Rinse or flush eye gently with water for at least 15-20 minutes, lifting upper and lower Iids.Seek medical attention if irritation persists or if concerned After swallowing: Rinse mouth thoroughly. Do not induce vomiting. Have exposed individual drink sips of water. Dilute mouth with water or milk after rinsing.Get medical assistance. Most important symptoms and effects, both acute and delayed: Poison. Toxic by ingestion, absorption through skin and inhalation, potentially causing irreversible effects. Irritating to eyes, skin, and respiratory tract. Irritation- all routes of exposure.Shortness of breath.Nausea.Headache.May be fatal or cause blindness if swallowed. Cannot be made non-poisonous. May cause gastrointestinal irritation, vomiting, and diarrhea. Central nervous system disorders. Skin disorders, preexisting eye disorders, gastrointestinal tract;Toxic: danger of very serious irreversible effects by inhalation, ingestion or absorption through skin. Experiments have shown reproductive toxicity effects on laboratory animals. May cause adverse kidney and liver effects Indication of any immediate medical attention and special treatment needed: If seeking medical attention, provide SDS document to physician.Physician should treat symptomatically. (SECTION 5 : Firefighting measures Extinguishing media Suitable extinguishing agents: Dry chemical, foam, dry sand, or Carbon Dioxide.Water spray can keep containers cool. For safety reasons unsuitable extinguishing agents: Water may be ineffective. Special hazards arising from the substance or mixture: Risk of ignition. Vapors may form explosive mixtures with air. Vapors may travel to source of ignition and flash back. Containers may explode when heated Advice for firefighters: Protective equipment: Wear protective eyeware, gloves, and clothing. Refer to Section 8. Additional information (precautions): Remove all sources of ignition. Avoid contact with skin, eyes, and clothing. Ensure adequate ventilation.Take precautions against static discharge. SECTION 6 : Accidental release measures Personal precautions, protective equipment and emergency procedures: Use spark -proof tools and explosion -proof equipment.Provide exhaust ventilation or other engineering controls to keep the airborne concentrations of vapor and mists below the applicable workplace exposure limits (Occupational Exposure Limits-OELs) indicated above.Ensure adequate ventilation. Environmental precautions: Prevent from reaching drains, sewer or waterway. Should not be released into environment. Methods and material for containment and cleaning up: If necessary use trained response staff or contractor. Remove all sources of ignition. Contain spillage and then Created by Global Safety Management, Inc. -Tel: 1-813-435-5161 - www.gsmsds.com Safety Data Sheet according to 29CFR1910/1200 and GHS Rev. 3 Effective date : 01.08.2015 Page 4 of 8 ethanol, b Grade, 4L collect. Do not flush to sewer.Absorb with a noncombustible absorbent material such as sand or earth and containerize for disposal. Ventilate area of leak or spill.Use spark -proof tools and explosion -proof equipment.Follow proper disposal methods. Refer to Section 13. Reference to other sections: SECTION 7 : Handling and storage Precautions for safe handling: Use in a chemical fume hood. Wash hands before breaks and immediately after handling the product.Avoid contact with skin, eyes, and clothing.Take precautions against static discharge. Conditions for safe storage, including any incompatibilities: Store in a cool location. Provide ventilation for containers. Avoid storage near extreme heat, ignition sources or open flame. Keep container tightly sealed.Store with like hazards. Protect from freezing and physical damage. SECTION 8 : Exposure controls/personal protection Control Parameters: Appropriate Engineering controls: Respiratory protection: Protection of skin: Eye protection: General hygienic measures: 67-56-1, Methanol, ACGIH: 250 ppm STEL; 200 ppm TWA 67-56-1, Methanol, NIOSH: 250 ppm STEL; 325 mg/m3 STEL 67-56-1, Methanol, NIOSH: 200 ppm TWA; 260 mg/m3 TWA Emergency eye wash fountains and safety showers should be available in the immediate vicinity of use or handling. Ensure that dust -handling systems (exhaust ducts. dust collectors, vessels, and processing equipment) are designed to prevent the escape of dust into the work area. Use in a chemical fume hood. If exposure limit is exceeded, a full -face respirator with organic cartridge may be worn. Select glove material impermeable and resistant to the substance.Select glove material based on rates of diffusion and degradation, Safety glasses with side shields or goggles. Wash hands before breaks and at the end of work. Avoid contact with the eyes and skin.Dispose of contaminated gloves after use in accordance with applicable laws and good laboratory practices.Perform routine housekeeping. SECTION 9 : Physical and chemical properties Appearance (physical state,color): Odor: Odor threshold: pH -value: Melting/Freezing point: Clear colorless liquid Alcohol Not Available Not Available -98°C Explosion limit lower: Explosion limit upper: Vapor pressure: Vapor density: Relative density: Solubilities: 6 31 128 hPa @ 20°C 0.79 Miscible at 20 °C Created by Global Safety Management, Inc. -Tel: 1-813-435-5161 - www.gsmsds.com Safety Data Sheet according to 29CFR1910/1200 and GHS Rev. 3 Effective date : 01.08.2015 Page 5 of 8 lethanoi, Lab Grade, 4L Boiling point/Boiling range: Flash point (closed cup): Evaporation rate: Flammability (solid,gaseous): Density: Not Available 64.7°C @ 760mmHg 12°C 5.2 Flammable Partition coefficient (n- octanol/water): Auto/Self-ignition temperature: Decomposition temperature: Viscosity: Not Available 455°C Not Available a. Kinematic:Not Available b. Dynamic: Not Available SECTION 10 : Stability and reactivity Reactivity:Vapours may form explosive mixture with air. Chemical stability:Stable under normal conditions. Possible hazardous reactions:None under normal processing. Conditions to avoid:Excess heat, Incompatible Materials, flames, or sparks. Incompatible materials: Oxidizing agents, reducing agents, alkali metals, acids, sodium, potassium, metals as powders, acid chlorides, acid anhydrides, powdered magnesium, and aluminum. Hazardous decomposition products:carbon monoxide, formaldehyde. 'SECTION 11 : Toxicological information Acute Toxicity: Dermal: Oral: Inhalation: (rabbit) 1 LD-50 15800 mg/kg (rat) (rat) Chronic Toxicity: No additional information. Corrosion Irritation: Ocular: Dermal: Sensitization: Single Target Organ (STOT): Numerical Measures: Carcinogenicity: Mutagenicity: LD-50 5628 mg/kg LC-50 130,7 mg/I Irritating to eyes Irritating to skin No additional information. Classified as causing damage to organs:Eyes, skin, optic nerve, gastrointestinal tract, central nervous system, respiratory system, liver, spleen, kidney, blood No additional information. Teratogenicity : has occurred in experimental animals. Mutagenetic effects have occurred in experimental animals. Created by Global Safety Management, Inc. -Tel: 1-813-435-5161- www.gsmsds.com Safety Data Sheet according to 29CFR1910/1200 and GHS Rev. 3 Effective date : 01.08.2015 Page 6 of 8 ethanol, l-ab Grade, 41 Reproductive Toxicity: Developmental Effects (Immediate/Delayed) have occurred in experimental animals SECTION 12 : Ecological information Ecotoxicity Freshwater Fish: 96 Hr LC50 Pimephales promelas: 28200 mg/L Freshwater Fish: 96 Hr LC50 Oncorhynchus mykiss: 19500 - 20700 mg/L Freshwater Fish: 96 Hr LC50 Pimephales promelas: >100 mg/L Freshwater Fish: 96 Hr LC50 Oncorhynchus mykiss: 18 - 20 mL/L Freshwater Fish: 96 Hr LC50 Lepomis macrochirus: 13500 - 17600 mg/L Persistence and degradability: Not persistant. Bioaccumulative potential: Not Bioaccumulative. Mobility in soil: Aqueous solution has high mobility in soil. Other adverse effects: SECTION 13 : Disposal considerations Waste disposal recommendations: 1ethanol RCRA waste code U154. Do not allow product to reach sewage system or open water,lt is the responsibility of the waste generator to properly characterize all waste materials according to applicable regulatory entities (US 40CFR262.11). Absorb with a noncombustible absorbent material such as sand or earth and containerize for disposal. Provide ventilation. Have fire extinguishing agent available in case of fire. Eliminate all sources of ignition.Use spark -proof tools and explosion -proof equipment.Chemical waste generators must determine whether a discarded chemical is classified as a hazardous waste. Chemical waste generators must also consult local, regional, and national hazardous waste regulations. Ensure complete and accurate classification. SECTION 14 : Transport information UN -Number UN1230 UN proper shipping name Methanol Transport hazard class(es) Class: 3 Flammable liquids Class: 6.1 Toxic substances Packing group:ll Environmental hazard: Transport in bulk: Special precautions for user: SECTION 15 : Regulatory information Created by Global Safety Management, Inc. -Tel: 1-813-435-5161 - www.gsmsds.com Safety Data Sheet according to 29CFR1910/1200 and GHS Rev. 3 Effective date : 01.08.2015 Page 7 of 8 ethanol, Lab Grade, 4L United States (USA) SARA Section 311/312 (Specific toxic chemical listings): Acute, Chronic, Fire SARA Section 313 (Specific toxic chemical listings): 67-56-1 Methanol RCRA (hazardous waste code): 67-56-1 Methanol RCRA waste code U154 TSCA (Toxic Substances Control Act): All ingredients are listed. CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act): 67-56-1 Methanol 5000 Ibs Proposition 65 (California): Chemicals known to cause cancer: None of the ingredients is listed Chemicals known to cause reproductive toxicity for females: None of the ingredients is listed Chemicals known to cause reproductive toxicity for males: None of the ingredients is listed Chemicals known to cause developmental toxicity: 67-56-1 Methanol Canada Canadian Domestic Substances List (DSL): All ingredients are listed. Canadian NPRI Ingredient Disclosure list (limit 0.1%): None of the ingredients is listed Canadian NPRI Ingredient Disclosure list (limit 1%): 67-56-1 Methanol SECTION 16 : Other information This product has been classified in accordance with hazard criteria of the Controlled Products Regulations and the SDS contains all the information required by the Controlled Products Regulations.Note:. The responsibility to provide a safe workplace remains with the user.The user should consider the health hazards and safety information contained herein as a guide and should take those precautions required in an individual operation to instruct employees and develop work practice procedures for a safe work environment.The information contained herein is, to the best of our knowledge and belief, accurate.However, since the conditions of handling and use are beyond our control, we make no guarantee of results, and assume no liability for damages incurred by the use of this material.lt is the responsibility of the user to comply with all applicable laws and regulations applicable to this material. GHS Full Text Phrases: Abbreviations and acronyms: IMDG: International Maritime Code for Dangerous Goods PNEC: Predicted No -Effect Concentration (REACH) Created by Global Safety Management, Inc. -Tel: 1-813-435-5161 - www.gsmsds.com Safety Data Sheet according to 29CFR1910/1200 and GHS Rev. 3 Effective date : 01.08.2015 Page 8 of 8 Methanol Lab Grade. 4L CFR: Code of Federal Regulations (USA) SARA: Superfund Amendments and Reauthorization Act (USA) RCRA: Resource Conservation and Recovery Act (USA) TSCA: Toxic Substances Control Act (USA) NPRI: National Pollutant Release Inventory (Canada) DOT: US Department of Transportation IATA: International Air Transport Association GHS: Globally Harmonized System of Classification and Labelling of Chemicals ACGIH: American Conference of Governmental Industrial Hygienists CAS: Chemical Abstracts Service (division of the American Chemical Society) NFPA: National Fire Protection Association (USA) HMIS: Hazardous Materials Identification System (USA) WHMIS: Workplace Hazardous Materials Information System (Canada) DNEL: Derived No -Effect Level (REACH) Effective date : 01.08.2015 Last updated : 03.27.2015 Created by Global Safety Management, Inc. -Tel: 1-813-435-5161 - www.gsmsds.com FA Material Safety Data Sheet HYDRATED LI E SECTION 1: PRODUCT AND COMPANY IDENTIFICATION Product Name: Synonym/s: Manufacturer: Emergency Phone: Chemical Name: Chemical Family: Chemical Formula: Product Use/s: Prepared By: Hi -Cal Hydrate Rev. Date:5/1/2008 Hydrate, High Calcium Hydrated Lime, Type N Hydrated Lime, HL US Operations: Chemical Lime Co. 3700 Hulen St. Fort Worth, TX 76107 817-732-8164 Chemtrec 1-800-424-9300 Calcium Hydroxide Alkaline Earth Hydroxide Ca(OH)2 Canadian Operations: Chemical Lime Co. of Canada Inc. 20302-102B Ave. Langley, BC V1 M 3H1 604-888-4333 WHMIS Classification: D2A, E Water treatment, pH adjustment, FGT, Construction, Pulp/Paper Chemical_ Lime Co. R&D/Technical Services, KSA SECTION 2: COMPOSITION / INFORMATION ON INGREDIENTS Ingredient CAS OSHA PEL, TWA 8/40h (mg/m3) ACGIH TLV, TWA 8/40h (mg/m3) NIOSH REL, TWA 8/40h (mg/m3) NIOSH IDLH (mg/m3) Conc. (%) Calcium Hydroxide, Ca(OH)2 (Hydrated Lime) 1306-62-0 16 (total dust) 6 (respirable) 6 6 N.A. > 90 Magnesium Hydroxide, Mg(OH)2 (Brucite) 1309-42-8 N.A. N.A. N.A. N.A. < 6 Magnesium Oxide, Mg0 (Periclase) 1309-48-4 10 10 N.A. N.A. < 6 Calcium Carbonate, CaCO3 (Limestone) 1317-66-3 (471-34-1) 16 (total dust) 6 (respirable) 10 10 (total dust) 6 (respirable) N.A. < 3 Crystalline Silica, SiO2 (Quartz) 14808-60-7 10/(SiO2% + 2) res irable ( p � 0.026 {respirable) � p ) 0.06 60 < 2 IOSHA Regulatory Status: This material is subject to 29 CFR 1910.1200 (Hazard Communication). I 1 of 6 Visit www.chemicallime.com for latest MSDS versions Chemical Lime aterial Safety Data Sheet Y ATELI E SECTION 3: HAZARDS IDENTIFICATION Rev. Date:5/1/2008 Emergency Overview: Hydrate is an odorless white or grayish -white powder. Contact can cause irritation to eyes, skin, respiratory system, and gastrointestinal tract. Potential Health Effects Eyes: Contact can cause severe irritation or burning of eyes, including permanent damage. Skin: Contact can cause irritation of skin. Ingestion: This product can cause severe irritation of gastrointestinal tract if swallowed. Inhalation: This product can cause severe irritation of the respiratory system. Long-term exposure may cause permanent damage. Hydrate is not listed by MSHA, OSHA, or IARC as a carcinogen However, this product may contain trace amounts of crystalline silica in the form of quartz or crystobalite, which has been classified by IARC as a Group I carcinogen to humans when inhaled. Inhalation of silica can also cause a chronic lung disorder, silicosis. Medical Conditions Aggravated by Exposure: Contact may aggravate disorders of the eyes, skin, gastrointestinal tract, and respiratory system. Potential Environmental Effects: This material is alkaline and if released into water or moist soil will cause an increase in pH. SECTION 4: FIRST AID MEASURES Eyes: Immediately flush eyes with generous amounts of water or eye wash solution if water is unavailable. Pull back eyelid while flushing to ensure that all lime dust has been washed out. Seek medical attention promptly if the initial flushing of the eyes does not remove the irritant. Do not rub eyes. Skin: Brush off or remove as much dry lime as possible. Wash exposed area with large amounts of water. If irritation persists, seek medical attention promptly. Inhalation: Move victim to fresh air. Seek medical attention. If breathing has stopped, give artificial respiration. Ingestion: Do not induce vomiting. Seek medical attention immediately. Never give anything by mouth unless instructed to do so by medical personnel. 2 of 6 Visit www.chemicallime.com for latest MSDS versions Chemical Lime aterial Safety Data Sheet HYDRATED LI E SECTION 6: FIRE FIGHTING MEASURES Fire Hazards: Hazardous Combustion Products: Extinguishing Media: Fire Fighting Instructions: Rev. Date:5/1/2008 Hydrate is not combustible or flammable. However, hydrate reacts vigorously with acids, and may release heat sufficient to ignite combustible materials in specific instances. Hydrate is not considered to be an explosion hazard, although reaction with acids or other incompatible materials may rupture containers. None Use dry chemical fire extinguisher. Do not use water or halogenated compounds, except that large amounts of water may be used to deluge small quantities of hydrate. Keep personnel away from and upwind of fire. Avoid skin contact or inhalation of dust. Wear full fire -fighting turn -out gear (full Bunker gear), and respiratory protection (SCBA). SECTION 6: ACCIDENTAL RELEASE MEASURES Spill / Leak Procedures: Small Spills: Large Spills: Containment: Clean-up: Do Not use water on bulk material spills. Use proper protective equipment. Use dry methods to collect spilled materials. Avoid generating dust. Do not clean up with compressed air. Store collected materials in dry, sealed plastic or non -aluminum metal containers. Residue on surfaces may be water washed. Use dry methods to collect spilled materials. Evacuate area downwind of clean-up operations to minimize dust exposure. Store spilled materials in dry, sealed plastic or non -aluminum metal containers. Minimize dust generation and prevent bulk release to sewers or waterways. Residual amounts of material can be flushed with large amounts of water. Equipment can be washed with either a mild vinegar and water solution, or detergent and water. SECTION 7: HANDLING AND STORAGE Handling: Storage: Keep in tightly closed plastic or non -aluminum metal containers. Protect containers from physical damage. Avoid direct skin contact with the material. Store in a cool, dry, and well -ventilated location. Do not store near acids or other incompatible materials. Keep away from moisture. Do not store or ship in aluminum containers. 3 of 6 Visit www.chem icallime.com for latest MSDS versions Chemical Lime aterial Safety Data Sheet HYDRATED LI SECTION 8: EXPOSURE CONTROLS / PERSONAL PROTECTION Engineering Controls: Respiratory Protection: Skin Protection: Eye Protection: Other: Rev. Date:5/1 /2008 Provide ventilation adequate to maintain PELs. Use NIOSH/MSHA approved respirators if airborne concentration exceeds PELs. Use appropriate gloves and footwear to prevent skin contact. Clothing should fully cover arms and legs. Should lime get inside clothing or gloves, remove the clothing and the lime promptly. Use safety glasses with side shields or safety goggles. Contact lenses should not be worn when working with lime products. Eye wash fountain/stations and emergency showers should be available. SECTION 9: PHYSICAL AND CHEMICAL PROPERTIES Appearance: White or grayish -white powder Boiling Point (°C/°F): 2850 / 5162 Vapor Pressure (mrn Hg): N.A. Solubility in Water Slightly soluble in water. Odor: Odorless Melting Point (°C/°F): dec 580 / 1076 Vapor Density: N.A. pH (25°C/77°F): 12.4 SECTION 10: STABILITY AND REACTIVITY Physical State: Solid Specific Gravity (Apparent) g/cc: (True) g/cc: Evaporation Rate: N.A. 0.4 - 0.55 2.2 - 2.4 Stability: Chemically stable, but slowly reacts with carbon dioxide to form calcium carbonate. See also Incompatibility below. Incompatibility/ Conditions to Avoid: Hydrate should not be mixed or stored with the for vigorous reaction and release of heat: Acids (unless in a controlled process) Reactive Fluoridated Compounds following materials, due to the potential Organic Acid Anhydrides Nitro -Organic Compounds Reactive Brominated Compounds Reactive Powdered Metals Reactive Phosphorous Compounds Interhalogenated Compounds Hazardous Decomposition Products: None Hazardous Polymerization: None 4 of 6 Visit www.chemicallime.com for latest MSDS versions Chemical Lime aterial Safety Data Sheet HYD ' ATE ' LI E SECTION 11: TOXICOLOGICAL INFORMATION ORL-RAT LD50: 7,340 MG/KG ORL-MUS LD50: 7,300 MG/KG Rev. Date:5/1/2008 Hydrated Lime is not listed by MSHA, OSHA, or IARC as a carcinogen, but this product may contain trace amounts of crystalline silica, which has been classified by IARC as carcinogenic to humans when inhaled in the form of quartz or crystobalite. SECTION 12: ECOLOGICAL INFORMATION Ecotoxicity: Because of the high pH of this product, it would be expected to produce significant ecotoxicity upon exposure to aquatic organisms and aquatic systems in high concentrations. Environmental Fate: This material shows no bioaccumulation effect or food chain concentration toxicity. SECTION 13: DISPOSAL CONSIDERATIONS Dispose of in accordance with all applicable federal, state, and local environmental regulations. If this product as supplied, and unmixed, becomes a waste, it will not meet the criteria of a hazardous waste as defined under the U.S. Resource Conservation and Recovery Act (RCRA). SECTION 14: TRANSPORTATION INFORMATION Hydrate is not classified as a hazardous material by US DOT and is not regulated by the Transportation of Dangerous Goods (TDG) when shipped by any mode of transport. 5 of 6 Visit www.chemicallime.com for latest MSDS versions Chemical Lime aterial Safety Data Sheet HYD ATED LI E SECTION 16: REGULATORY INFORMATION U.S. EPA Regulations: Rev. Date:5/1 /2008 RCRA Hazardous Waste Number (40 CFR 261.33): not listed RCRA Hazardous Waste Classification (40 CFR 261): not classified CERCLA Hazardous Substance (40 CFR 302.4) unlisted specific per RCRA, Sec. 3001; CWA, Sec. 311(b)(4); CWA, Sec. 307(a), CAA, Sec. 112 CERCLA Reportable Quantity (RQ), not listed SARA 311/312 Codes: not listed SARA Toxic Chemical (40 CFR 372.65): not listed SARA EHS (Extremely Hazardous Substance) (40 CFR 355): not listed, Threshold Planning Quantity (TPQ): not listed All chemical ingredients are listed on the USEPA TSCA Inventory List. OSHA/MSHA Regulations: Air Contaminant (29 CRF 1910.1000, Table Z-1, Z-1-A): 5mg/M3TWA-8 MSHA: not listed OSHA Specifically Regulated Substance (29 CFR 1910): not listed State Regulations: Consult state and local authorities for guidance. Components found in this product may contain trace amounts of inherent naturally occurring elements (such as, but not limited to arsenic and cadmium) that may be regulated. Canada: WHMIS Classification: "D2A" Materials Causing Other Toxic Effects WHMIS Classification: "E" Corrosive Materials (listed due to corrosive effect on aluminum) Canada DSL: Listed NFPA Hazard Class: HMIS Hazard Class: Health: 1 Health: 1 Flammability: 0 Flammability: 0 SECTION 16: OTHER INFORMATION Prepared By: Reactivity: 0 Reactivity: 0 Personal Protection: E Chemical Lime Company, R&D/Technical Services, KSA Chemical Lime Company provides the information contained herein in good faith but makes no representation as to its comprehensiveness or accuracy. This document is intended only as a guide to the appropriate precautionary handling of the material by a properly trained person. Individuals receiving this information must consult their own technical and legal advisors and/ or exercise their own judgment in determining its appropriateness for a particular purpose. Chemical Lime Company makes no representations or warranties, either express or implied, including without limitation and warranties of merchantability or fitness for a particular purpose with respect to the information set forth herein or the product(s) to which the information refers. Accordingly, Chemical Lime Company will not be responsible or liable for any claims, losses or damages resulting from the use of or reliance upon or failure to use this information. 6 of 6 Visit www.chemicallime.com for latest MSDS versions Chemical Lime s i • i II ,'10 OSF critical habitat JT.09242024.pdf G 0 0 Questions regarding the expansion of thousand trails wastewater receiving system. 1: Does Thousand trails maintain a permit with Oregon DEQ? What is the testing, reporting and discharge requirements? Does Thousand Trails employ a certified operator on site to inspect, operate and repair the treatment facility? How many sewage connections does Thousand Trails presently manage? 2: Campers and RVs use less water with their discharge than traditional household toilets, many campers even add cleaning agents in their RVs' holding tank. Because of this Camper/RV holding tanks have a much higher concentration of pollutants which increases the requisite detention time for treatment. What is the process used to break down, treat and dispose of the solids collected? Will Thousand Trail's WW system be able to handle the increased sludge produced by 186-new connections? 3: The existing facility is in disrepair, with many toxic & combustible chemicals haphazardly spread around their treatment area. Will their expansion include proper storage areas for these chemical pollutants? 4: Does Thousand Trails have emergency plans in place for the following concerns: • Electrical fire at treatment plant? • Chemical fire at treatment plant? • Sewage spill at treatment plant? • Sewage spill within their collection system?