The URL can be used to link to this page

2024-358-Minutes for Meeting October 30,2024 Recorded 12/30/2024o vi E S COG2� BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County CJ2024-358 Steve Dennison, County Clerk Commissioners' Journal 12/30/2024 12:12:52 PM '• 2024-358 BOCC MEETING MINUTES 9:00 AM WEDNESDAY October 30, 2024 Allen Room Live Streamed Video Present were Commissioners Patti Adair, Tony DeBone and Phil Chang. Also present were County Administrator Nick Lelack, 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/meeting_s, CALL TO ORDER: Chair Adair called the meeting to order at 9:00 am. CITIZEN INPUT: None CONSENT AGENDA: Before the Board was consideration of the Consent Agenda. 1. Approval of Board Order No. 2024-041 authorizing the advance of taxes, assessments and charges to small tax districts per ORS 311.392 CHANG: Move to approve the Consent Agenda as presented DEBONE: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried BOCC MEETING OCTOBER 30, 2024 PAGE 1 OF 7 ACTION ITEMS: 2. Deliberations: Mini -Storage in MUA-10 Zone Adjacent to Hwy 97 Nicole Mardell, Senior Planner, reviewed the background of this matter, which included a public hearing before the Board on September 251". The request is to allow mini -storage as a conditional use in certain areas of the Multiple Use Agricultural (MUA-10) Zone adjacent to Highway 97. Mardell said following concerns raised by the City of Redmond, its urban reserve areas were excluded from eligibility for this change, leaving 37 properties that would be eligible under the applicant's proposed siting criteria. Commissioner DeBone said Bend and Redmond are both growing, and storage facilities can be useful. He added that such facilities can be redeveloped in the future. Continuing, Mardell said the first question before the Board is whether the proposed text amendment is compatible with the purpose of the Multiple Use Agricultural (MUA-10) zone. Commissioner DeBone inquired about the maximum height that would be permitted, saying he envisioned a one-story structure and that multiple stories would be viewed differently in non -urban areas. Mardell said the maximum height allowable in the MUA zone is 30 feet. Commissioner Chang did not view mini -storage to be consistent with the rural character of the MUA zone and said he would have preferred the applicant seek a rezone of one property instead of a change to the entire MUA zone which would allow mini -storage on 37 properties. Commissioner Adair expressed concern about traffic safety with ingress from and egress to Highway 97 and said she did not want to see storage units up and down the highway. CHANG: Move that as the proposed text amendment is not compatible with the purpose of the Multiple Use Agricultural (MUA-10) zone, the application be denied ADAIR: Second VOTE: CHANG: Yes DEBONE: No ADAIR: Chair votes no. Motion Carried 2 - 1 BOCC MEETING OCTOBER 30, 2024 PAGE 2 OF 7 3. Deliberations: Mini -Storage in MUA-10 Zone Adjacent to Hwy 20 Senior Planner Nicole Mardell invited the Board to deliberate on a separate applicant -initiated text amendment to allow mini -storage as a conditional use in certain areas of the MUA zone along Highway 20, if specific siting criteria is met. Mardell said at the current time, only three properties would be eligible for this use, although some properties not currently zoned MUA could be rezoned in the future. The City of Bend responded to a request for comments by providing a formal "No comment" response. Continuing, Mardell said the first question before the Board is whether the proposed text amendment is compatible with the purpose of the Multiple Use Agricultural (MUA-10) zone. In response to Commissioner Chang, Mardell said the area around the City of Sisters does not have much property zoned MUA-10. Commissioner Chang was concerned that the owners of properties zoned EFU could pursue rezones to MUA-10 or Rural Residential. He disagreed that mini - storage is compatible with MUA-10 zone. Commissioner DeBone said he supported this application for the same reasons he supported the previous one. Commissioner Adair expressed concern that the change would allow mini - storage facilities on properties as large as 35 acres, whether one parcel or multiple contiguous parcels. Commissioner DeBone said the land use system promotes infill and density, and storage is a market which is evolving. He noted that the availability of storage facilities assists those who are moving into or out of homes in the area. Commissioner Chang said it would be better to evaluate this use on a property - by -property basis instead of adding this use to a whole zone CHANG: Move that as the proposed text amendment is not compatible with the purpose of the Multiple Use Agricultural (MUA-10) zone, the application be denied ADAIR: Second VOTE: CHANG: Yes DEBONE: No ADAIR: Chair votes yes. Motion Carried 2 - 1 BOCC MEETING OCTOBER 30, 2024 PAGE 3 OF 7 4. Deliberations: Civil and Environmental Consultants, Inc, (CEC) Protest of Contract Award for Landfill Siting Consultant Services - Phase 3 Kim Riley, Senior Assistant Legal Counsel, reminded that following the Board's approval of a Notice of Intent to Award a contract for Landfill Siting Consultant Services - Phase 3 to Parametrix, Civil and Environmental Consultants, Inc. (CEC) filed a timely protest which was heard by the Board on October 14th. Riley presented a draft order denying CEC's protest based on staffs recommendation. Commissioner Chang referred to the criteria which must be established for a protest to be valid according to State regulations and said after asking many questions regarding this matter, he was satisfied that the necessary criteria was not met in this solicitation process. Commissioner DeBone supported denying the protest as he did not believe that the County's process to solicit proposals and evaluate them was compromised. DEBONE: Move approval of Board Order No. 2024-043 denying the protest submitted by Civil & Environmental Consultants, Inc. concerning the Notice of Intent to Award a contract for Landfill Siting Consultant Services - Phase 3 CHANG: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried Commissioner Adair thanked CEC for coming in and taking the time to explain their position. The Board was in agreement to take up the next agenda items according to the availability of the presenters. 7. Fall 2024 Discretionary Grant Application Review and Allocation Jen Patterson, Strategic Initiatives Manager, reminded that twice each year the Board considers applications submitted for the County's discretionary grant program, which is funded by video lottery revenues. Patterson said a total of $22,500 is available to be allocated, which amounts to $7,500 for each Commissioner. BOCC MEETING OCTOBER 30, 2024 PAGE 4 OF 7 Following the determination of allocations by the Comr-nissioners, Commissioner Adair asked that the next round of applications be due on March 1 st instead of April 1 st. Commissioner Chang assented to this change and said the Board may also want to consider other changes given that 47 applications were received seeking more than $100,000, and some organizations may conclude that doing the work to apply is not worth receiving smaller than requested amounts. Discussion ensued regarding the small amount of funds available to allocate and the needs in the community as documented in the grant applications. 6. Consideration to hear an appeal of a Hearings Officer's decision denying an application for a nonfarm dwelling in the EFU Zone Anthony Raguine, Principal Planner, introduced the matter of an application submitted byjeff and Cindi Schutte to establish a nonfarm dwelling on property in the Exclusive Farm Use Zone at 71510 Forest Service Road No. 6360 outside of Sisters. The Hearings Officer denied the application, which the property owners seek to appeal to the Board. Staff recommends that the Board not hear this appeal. Commissioner Chang was inclined to accept the recommendation of staff and not hear the appeal as this matter involves interpretation of State statute. Commissioner DeBone spoke to the conflict of developing private property on resource land which is not suitable for farming, although perhaps it could be used for grazing. He too supported not hearing this appeal. Commissioner Adair said while she would hope that the County could provide some assistance to the property owners as they are trying to fulfill a long-term dream, that may not be possible. CHANG: Move approval of Board Order No. 2024-042, denying review of the Hearings Officer's decision in File No. 247-24-000209-CU DEBONE: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried BOCC MEETING OCTOBER 30, 2024 PAGE 5 OF 7 5. Criminal justice Commission Illegal Marijuana Market Enforcement Grant Award Danielle Martell, Management Analyst for the Sheriffs Office (DCSO), presented information on the offer of grant funding from the Criminal Justice Commission to address unlawful marijuana cultivation and distribution operations. Martell said initial grant funding was applied for and awarded in 2022 to assist the County's Illegal Marijuana Market Enforcement (IMME) efforts. In january of 2024, the CJC offered additional grant funds. Following the submittal of a proposal from the DCSO to expend new grant funds on a management analyst position, new deputies, equipment, computer subscriptions, training and administrative costs, and a proposal from the District Attorneys office to expend grant funds for a part-time management analyst, overtime for the DA Investigator, equipment for the DA staff when working in the field on illegal marijuana cases, funds to continue utilizing an environmental company and training for the DA staff working illegal marijuana cases, both departments were awarded additional funds. In response to Commissioner DeBone, Martell confirmed that the initial grant of $1,000,000 is included in the FY 2025 budget, and an additional $268,652 is now being awarded. Discussion ensued regarding illegal marijuana grows in other counties, the need to hold property owners accountable for renting to persons who use it to illegally grow marijuana, efforts and progress made to combat illegal marijuana grows, and the fact that some growers hide illegal marijuana grows behind applications to grow hemp. DEBONE: Move to accept the award of additional grant funding of $268,652 from the Criminal justice Commission to address unlawful marijuana cultivation and distribution operations CHANG: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried OTHER ITEMS: • Commissioner Adair said she and Commissioner DeBone attended the Farm Bureau dinner last Friday night. BOCC MEETING OCTOBER 30, 2024 PAGE 6 OF 7 • Commissioner Adair relayed a discussion with Holly Harris regarding the Rascal Rodeo for youth, which is seeking a sponsor. • Commissioner DeBone reported on the Board's joint meeting with the Fair Board on Monday evening at which the Fair shared information about its master planning effort which is underway. • Commissioner Adair sought clarification on whether the Fair is short four FTEs. • Commissioner DeBone extended congratulations to those who graduated from the annual County College program last night. • Commissioner DeBone announced that Scott Olszewski, the principal of La Pine High School, was selected as Bend -La Pine School District's Administrator of the year and suggested that the Board send Olszewski a letter of congratulations. • Commissioner Adair reported that the La Pine Parks & Rec Board held its first meeting last week after the BOCC made appointments on Wednesday. • Commissioner Chang shared that he will speak tonight on behalf of the Deschutes Collaborative Forest Project regarding forest restoration and fuels reduction efforts as part of a series sponsored by the Roundhouse Foundation. • County Administrator Nick Lelack reminded that the Board is invited to attend the Bethlehem Inn's 25th anniversary open house this afternoon. • ilk M 1=02. Being no further items to come before the Board, the meeting was adjourned at 10:42 am. DATED this l 8 day of 2024 for the Deschutes County Board of Commissioners. RECORDING _RDI SECRETARY P TTI ADAIR, CHAIR - 11-� � -1 BOCC MEETING OCTOBER 30, 2024 PAGE 7 OF 7 T E S COG�� BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, OCTOBER 30, 2024 Barnes Sawyer Rooms - Deschutes Services Building - 1300 NW Wall Street - Bend (541) 388-6570 1 www.deschutes.org 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 citizen in put@deschutes.org or leaving a voice message at 541-385-1734. When in -person comment from the public is allowed at the meeting, public comment will also be allowed via computer, phone or other virtual means. Zoom Meeting Information: This meeting may be accessed via Zoom using a phone or computer. • To join the meeting via Zoom from a computer, use this link: http://bit.ly/3h3ogdD. • To join by phone, call 253-215-8782 and enter webinar ID # 899 4635 9970 followed by the passcode 013510. • If joining by a browser, use the raise hand icon to indicate you would like to provide public comment, if and when allowed. If using a phone, press *9 to indicate you would like to speak and *6 to unmute yourself when you are called on. • When it is your turn to provide testimony, you will be promoted from an attendee to a panelist. You may experience a brief pause as your meeting status changes. Once you have joined as a panelist, you will be able to turn on your camera, if you would like to. Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, call (541) 388-6572 or email brenda.fritsvold@deschutes.org. Time estimates: The times listed on agenda items are estimates only. Generally, items will be heard in sequential order and items, including public hearings, may be heard before or after their listed times. CALL TO ORDER PLEDGE OF ALLEGIANCE CITIZEN INPUT: Citizen Input may be provided as comment on any topic that is not on the agenda. Note: In addition to the option of providing in -person comments at the meeting, citizen input comments may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734.. CONSENT AGENDA Approval of Board Order No. 2024-041 authorizing the advance of taxes, assessments and charges to small tax districts per ORS 311.392 ACTION ITEMS 2. 9:00 AM Deliberations: Mini -Storage in MUA-10 Zone Adjacent to Hwy 97 3. 10:00 AM Deliberations: Mini -Storage in MUA-10 Zone Adjacent to Hwy 20 4. 11:00 AM Deliberations regarding Civil and Environmental Consultants, Inc. (CEC) Protest of Contract Award for Landfill Siting Consultant Services - Phase 3 5. 11:10 AM Criminal justice Commission Illegal Marijuana Market Enforcement Grant Award 6. 11:20 AM Consideration to hear an appeal of a Hearings Officer's decision denying an application for a nonfarm dwelling in the EFU Zone 7. 11:40 AM Fall 2024 Discretionary Grant Application Review and Allocation OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. EXECUTIVE SESSION At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations, ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations, ORS 192.660(2)(b), personnel issues; or other executive session categories. October 30, 2024 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3 Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. ADJOURN October 30, 2024 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3 E s coG2a 4 BOAR® OF COMMISSIONERS MEETING DATE: October 30, 2024 SUBJECT: Fall 2024 Discretionary Grant Application Review and Allocation RECOMMENDED MOTION: N/A BACKGROUND AND POLICY IMPLICATIONS: Twice yearly, the Board of Commissioners reviews applications submitted to the Deschutes County Discretionary Grant Program and makes awards accordingly. The application deadlines are October 1 and April 1 of each year. BUDGET IMPACTS: Discretionary Grants are made available through the Video Lottery Fund, which is supported by state lottery proceeds. Discretionary Grant funds available were budgeted for FY 2025. ATTENDANCE: Jen Patterson, Strategic Initiatives Manager '^ o c v > E c 0 L L- bo 41 O W o ro U c m j L^ bA 0 O c n N vi E in N c vi V1 n Q a) O bA N U N ~ 41 QJ '� M tNn cc' � ro 0 N ub�A O UrouQ� c 0-- of c � m u E�^ N 0 �pro c U a) J c �} Q "' v06 c c p°'E p o Em o LL _ +o 'J rLv6 O QO NN Q OV c ro _ (6 N O ro L4_— Q,-1 N r^ _0/ v CE >N V v�: vp y L v " LU � Ec �O uE oMvo bO c iL U� ro =n p V N�U b0 � vJ L) 0- W m mt/1 _ o m N " U N v_voi : m _ Q 0 M O c N c Cl w W u N0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ln CD 0 0 cc 0 0 0 0 Ln o Ln o 0 0 Lrl 0 0 zt o Ln Ln 0 0 0 Ln CD0 N N— N N N- N M N— N N N N N N N N N tstl-U%li,"rl�6%lIdg-I4U%I�U%Il6crI-b,%IV+I-U%I6%I-U%I16% I-U% I-U%I-(.% I-U%I-6%I-6%IIbPrI c c c L c p v > _ L v V i 'O ,-, a L O V c cc c c 4. c c v A rLo c L c c ro O "? •ro E v O 4- ro a)?' L a� Q p m 4- v O W v 4- °J Q (Av c 0 v 0 0 a E U ) L O� N V Q U o U— rL6 ro (L6 — ro c c M CD Ll N Xr6 0 E v N Q L 4-- -0 c u E W �, o41 c v ro v, o c v N V� U c c N E v Q Y ro V1 m J p (c6 L IL c N N c o 4U- p N Y >, O N v Wd m L o � Q E m C ,LamcL c m VbA 0 N E O J > WM L.L = ,+O -' LL l/ a)>,o UVO N0nW 0 Q -CO o c �' `o 0 4- QLbvA c 4- ° UvU m 4.1Q c U - bA mm Ln i ru m � _ E W E I r a 4-1 L O i L- 4-1 U a CC 4>1Q O N a: N c O LA O O m O Q U O " c O o c V Q V � N — v, D c N vC Ul — a O C .E •V-� '� Q Q) u CO 4- N c Q x c 4J L G .L ro > V >, In Ln d 0 O C• ll1 c 0 J-+ c Q) L O � N V LL 4- �--� Ln 4J N � Q- c i, L L n O L LL lJ V �31 Q- x w O" N to 7 0 i 0 0'' N In vi N "- > a- Q Q ." O o N p> �. O Q w V � Q tJ1 N C 4-- ro ) -� bL0 c N o_ LU N O O C� Q i O �, bA •� "- ' L- i O O mL.L r6 N o� c V Q .� � M� l/) N 4- O v m O O V O O L> p v O L O N> >� LU c LL in � u> Q N 0 Q v Ln �n Q- Q M Ln v F- N ro LL Q- Q :3 OZ ~ to L L Ll v H V v - a) v a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 00 0 0 00000�oo _0 000 000000,o0000 �- m rV N N N N N N N N N N (V N N Lr), N N N tR iU% +P, if} '.% -6% 6% -b% bq tR {f} U% lf% -U% 69 b4 b4 -bi 6% {�} c O O v O L p L, T c ra L c 4L cOn L v, N O +.•, c O O In O N ro c O Q C V L V � O O 0 O v- � bA � N Ln O L L b.p � p V v � •O_ O O O N N L �' v N C O �, L L in (L6 — fL6 0 0 LL p N v O O w m N iJ N O O C 0 Ln r6 : O O O- O L E - L L b.0 O > °Y1 '> 41 O -p v O N� J rp N N LLA - •O N O 41 N> >O (D D v- O LL r0 -O r6 ) LO V1 N v O > N Y (� l!1 •L ~ L N c z a_ N L ai L v Ln a Y d z N F- c p L (6 G v � G , L° 2 O N LL MEETING DATE: October 30, 2024 SUBJECT: Deliberations: Mini -Storage in MUA-10 Zone Adjacent to Hwy 20 RECOMMENDED MOTION: At the conclusion of the meeting, the Board may choose one of the following options: • Move to continue deliberations to a subsequent meeting; or • Move to deny the amendment as proposed; or • Move to approve the amendment as proposed; or • Move to approve the amendment with revisions. BACKGROUND AND POLICY IMPLICATIONS: On October 30, 2024, the Board will conduct deliberations on an applicant -initiated text amendment to allow mini storage as a conditional use in certain areas of the Multiple Use Agricultural (MUA-10) Zone along Highway 20. The file no. associated with the application is 247-24-000044-TA. All record materials can be found on the project website: www.deschutes.org/Hwy20Storage. BUDGET IMPACTS: None ATTENDANCE: Nicole Mardell, AICP, Senior Planner TO: Deschutes County Board of Commissioners ("Board") FROM: Nicole Mardell, AICP, Senior Planner DATE: October 23, 2024 SUBJECT: Deliberations: Mini -Storage in MUA-10 Zone Adjacent to Hwy 20 On October 30, 2024, the Board will conduct deliberations on an applicant -initiated text amendment to allow mini storage as a conditional use in certain areas of the Multiple Use Agricultural (MUA-10) Zone. The file number associated with the application is 247-24-000044-TA. All record materials can be found on the project website: www.deschutes.org/Hwy20Storage. There is a separate applicant -initiated text amendment to allow mini -storage along Highway 97, which is not associated with this application. I. PROPOSAL In January 2024, Eastside Bend LLC 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 Q. 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 and no greater than 35 acres (multiple contiguous parcels may be considered in the aggregate to meet the requirements of this section); • Adjacent to U.S. Highway 20; and • Within 2,500 feet of an urban growth boundary (UGB). 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 requirements for mini -storage uses (18.128.300) related to screening, parking, and landscaping. 11. BACKGROUND The Post -Acknowledgement Plan Amendment (PAPA) notice to the Department of Land Conservation and Development (DLCD) was sent on April 18, 2024. Notice of the public hearing was sent to agencies on May 8, 2024 and posted in the Bend Bulletin on May 29 and again on August 14, 2024. Staff presented information on the proposed amendments at a Planning Commission work session on May 23, 20241. The Planning Commission held a public hearing on June 132 and left the written record open until June 20 at 4:00 p.m. The Planning Commission held deliberations on July 253, ultimately voting 3-2 to recommend denial of the proposed amendments. The Board of County Commissioners held a public hearing on August 28, 20244. At the conclusion of the hearing, the Board closed the oral portion of the hearing and left the written record open until September 11, 2024, to solicit comments from City of Bend planning staff. The City of Bend provided a "no comment" correspondence into the record. The applicant also provided additional information. III. FORMAT FOR DELIBERATIONS The Board will deliberate on the proposed legislative text amendment request. If the Board finds that additional deliberations are necessary, the Board may schedule a future date for continued deliberations. If the Board finds no additional deliberations are necessary, the Board may then vote on the proposal. The deliberations matrix (Attachment D) provides a thorough review of key issues and decision points for discussion. The Board can view the entirety of the record on the project website. V. NEXT STEPS At the conclusion of the meeting, the Board may choose to: • Continue deliberations to a subsequent meeting; • Vote on whether to approve, deny, or amend the proposal. Attachments: A. Proposed Text Amendments B. Proposed Finding C. Eligible Property Map D. Decision Matrix 1 https://www.deschutes.org/bc-pc/page/planning-commission-48 Z https://www.deschutes.org/bc-pc/page/planning-commission-49 s https://www.deschutes.org/bc-pc/page/planning-commission-55 a https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-185 -2- Attachment A: Proposed Text Amendments Chapter 18.32 Multiple Use Agricultural Zoen; MUA 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. 0. 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: Is on property adjacent to an existing manufactured home/recreational vehicle park; 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. Within 2,500 feet of an urban growth boundary; b. Adjacent to U.S. Highway 20; and a-c. A minimum of 10 acres in size and not to exceed 35 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 111111979 Amended by Ord. 80-206 §3 on 1011311980 Amended by Ord. 83-033 §2 on 611511983 Amended by Ord. 86-018 §7 on 613011986 Amended by Ord. 90-014 §§27 and 35 on 711211990 Amended by Ord. 91-002 §7 on 21611991 991 Amended by Ord. 91-005 §§19 and 20 on 31411 Amended by Ord. 91-020 §1 on 512911991 Amended by Ord. 91-038 §1 on 913011991 Amended by Ord. 92-055 §2 on 811711992 Amended by Ord. 93-043 §§4A and 8 on 812511993 Amended by Ord. 94-008 §11 on 61811994 Amended by Ord. 94-053 §2 on 121711994 Amended by Ord. 96-038 §1 on 611211996 Amended by Ord. 97-017 §2 on 311211997 Amended by Ord. 97-029 §2 on 511411997 Amended by Ord. 97-063 §3 on 1111211997 Amended by Ord. 2001-016 §2 on 312812001 Amended by Ord. 2001-039 §2 on 1211212001 Amended by Ord. 2004-002 §4 on 412812004 Amended by Ord. 2009-018 §1 on 111512009 Amended by Ord. 2015-002 §1 on 71812015 Amended by Ord. 2016-015 §3 on 71112016 Amended by Ord. 2020-001 §4 on 412112020 Amended by Ord. 2021-004 §2 on 512712021 Amended by Ord. 2021-013 §5 on 41512022 Amended by Ord. 2023-001 §4 on 513012023 Amended by Ord. xxxx-xxx §x on x/xx/xxxx Attachment B - Applicant's Findings MUA Zone Text Amendment for Mini -Storage Uses Deschutes County, Oregon A Land Use Application For: Legislative Text Amendment to the Deschutes County Code Applicant: Eastside Bend LLC 721 South Brea Canyon Road, Suite 7 Diamond Bar, California 91789 Prepared • Alk 963 SW Simpson Avenue; Suite 200 Bend, Oregon 97702 Submitted: January 23, 2024 Revised: April 11, 2024 DOWL #2481.16033.01 MUA Zone Text Amendment fcr Kni-Storaoe Uses Land Use Narrative Table of Contents 1 11, 2024 1.0 Introduction......................................................................................4 2.0 Project Summary..............................................................................5 PROJECTDESCRIPTION................................................................................................... 5 3.0 Proposed Revisions to Deschutes County Code ...........................6 18, 32. 030 CONDITIONAL USES PERMITTED....................................................................... 6 4.0 Compliance with the Deschutes County Code...............................8 TITLE18 COUNTY ZONING.............................................................................................. 8 TITLE 22 DESCHUTES COUNTY DEVELOPMENT PROCEDURES ORDINANCE ........................ 10 5.0 Compliance with the Deschutes County Comprehensive Plan ... 13 CHAPTER 1: COMPREHENSIVE PLANNING....................................................................... 13 CHAPTER3: RURAL GROWTH........................................................................................ 13 CHAPTER 4: URBAN GROWTH MANAGEMENT.................................................................. 14 6.0 Compliance with the Oregon Statewide Planning Goals.............15 GOAL 1: CITIZEN INVOLVEMENT..................................................................................... 15 GOAL2: LAND USE PLANNING....................................................................................... 15 GOAL 3: AGRICULTURAL LANDS..................................................................................... 15 GOAL4: FOREST LANDS............................................................................................... 15 GOAL 5: OPEN SPACES, SCENIC AND HISTORIC AREAS, AND NATURAL RESOURCES.......... 16 GOAL 6: AIR, WATER AND LAND RESOURCE QUALITY ...................................................... 16 GOAL 7: AREAS SUBJECT TO NATURAL DISASTERS AND HAZARDS ................................... 16 GOAL 8: RECREATIONAL NEEDS.................................................................................... 17 GOAL 9: ECONOMIC DEVELOPMENT............................................................................... 17 GOAL10: HOUSING...................................................................................................... 17 GOAL 11: PUBLIC FACILITIES AND SERVICES................................................................... 17 GOAL 12: TRANSPORTATION......................................................................................... 17 GOAL 13: ENERGY CONSERVATION................................................................................ 18 GOAL 14: URBANIZATION.............................................................................................. 18 7.0 Conclusion......................................................................................19 Exhibits A. Application Form B. Goal 5 ESEE Analysis Page 3 MUA Zone Text Amendment for titin;-S Orai;e Uses Land Use Narrative 1.0 Introduction Applicant & Owner: Eastside Bend LLC 721 South Brea Canyon Road, Suite 7 Diamond Bar, California 91789 Planner: DOWL 309 SW 6th Avenue; Suite 700 Portland, OR 97204 Contact: Matthew Robinson Phone: 971.229.8318 Email: mrobinson(a)dowl.com Legal Counsel: Francis Hansen & Martin 1148 NW Hill Street Bend, OR 97703 Contact: Michael McGean Phone: 541.389.5010 Email: michael(J�Vrancishansen.com Zoning: Text Amendment to Conditionally Permitted Uses in the Multiple Use Agriculture (MUA) Zone Apr;i 11, 2024 Page 4 MUA Zone Text Amendment for Mini-StorageUses Land Use Narrative April 11, 2024 2.0 Project Summary Project Description Eastside Bend LLC (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 35 acres in size; • Adjacent to U.S Hwy 20; and • Within 2,500 feet of an urban growth boundary (UGB). The allowance of mini -storage supports the County's rural residents by providing opportunities to store personal property, including equipment, recreational vehicles, and boats. Further, other Deschutes County (County) zones already allow mini -storage, such as the Rural Industrial (R-1) zone, which is another zone intended to serve rural communities. The proposed text amendment will limit mini -storage to parcels in the MUA zone that are in close proximity to existing UGBs and adjacent to U.S. Hwy 20, thereby promoting an orderly and efficient transition from rural to urban land uses. Finally, by subjecting mini -storage uses to the conditional use process, it can be ensured that these facilities are designed and developed to be compatible with the rural character of the County while simultaneously providing economic benefit to the community. Given the proposed mini -storage use would be allowed on parcels adjacent to U.S. Hwy 20, 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), which includes U.S. Hwy 20. 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. Per Table 5.5.1 within Section 5.5 of Comprehensive Plan, Goal 5 Inventory for Open Spaces, Scenic Views and Sites, all land within one -quarter mile of the centerline of U.S. Hwy 20 is subject to the LM zone and is an inventoried Goal 5 resource. Given this proposed text amendment requires a post -acknowledgement plan amendment (PAPA), which could have the effect of allowing a new use (mini -storage) that could be conflicting with a Goal 5 resource, the applicant has prepared an Environmental, Social, Economic and Energy (ESEE) analysis that evaluates the tradeoffs with fully prohibiting, limiting, or allowing the conflicting use. The applicant's Goal 5 ESEE analysis is included as Exhibit B with this application in support of the proposed text amendment. An application form signed by the applicant is included as Exhibit A with this application. This document serves as the applicant's burden of proof, and demonstrates compliance and consistency with applicable provisions of the DCC, goals and policies of the Deschutes County Comprehensive Plan, as well as the Statewide Planning Goals. The appropriate filing fee will be provided upon this application's submittal. Page 5 MUA Zone Text Amendment for Mini -Storage Uses Land Use Narrative 1 11, 2024 3.0 Proposed Revisions to Deschutes County Code The following revisions to the DCC are proposed. New text is indicated in bold and underlined type. No text is proposed to be deleted. 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. 0. Planned developments. P. Cluster developments. Page 6 ®OWL MUA Zone Text Amendment for Mini -Storage Use. - Land Use Narrative April 11, 2024 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. AD. A new manufactured home/recreational vehicle park, subject to Oregon Administrative Rules 660-004-0040(8)(G) that: 1. Is on property adjacent to an existing manufactured home/recreational vehicle park; 2. Is adjacent to the City of Bend Urban Growth Boundary; and 3. Has 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 telecommunication 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: 1. Within 2,500 feet of an urban growth boundary: Adjacent to U.S. Highway 20; and A minimum of 10 acres in size and not to exceed 35 acres in size. Multiple contiguous parcels may be considered in the aggregate to meet the requirements of this section. Page 7 <r ®OWL MUA Zone Text Amendment for Mini -Storage Uses Land Use Narrative April 11. 2024 4.0 Compliance wth the Deschutes County Code Applicable provisions of the DCC are set forth below with findings demonstrating consistency of the proposed text amendment with these provisions. Title 18 County Zoning Chapter 18.32 Multiple Use Agricultural Zone; MUA 18.32.010 Purpose The purposes of the Multiple Use Agricultural Zone are to preserve the rural character of various areas of the County while permitting development consistent with that character and with the capacity of the natural resources of the area; to preserve and maintain agricultural lands not suited to full-time commercial farming for diversified or part-time agricultural uses; to conserve forest lands for forest uses; to conserve open spaces and protect natural and scenic resources; to maintain and improve the quality of the air, water and land resources of the County; to establish standards and procedures for the use of those lands designated unsuitable for intense development by the Comprehensive Plan, and to provide for an orderly and efficient transition from rural to urban land use. Response: Stated plainly, the intent of the MUA zone is to preserve the rural character of Deschutes County while still permitting development that is consistent with that character and within the capacity of the land. The MUA zone is not a resource zone but is considered exception land, which is intended to allow for other types of uses rather than just resource -oriented uses (such as agricultural operations or timber harvesting)'. This is exemplified through the number of non -resource related uses permitted within the MUA zone per DCC 18.32.020 and 18.32.030, including: • Public and semipublic uses (such as libraries or governmental administration buildings, for example); • Private and public schools; • Kennels and/or veterinary clinics; and • Religious institutions. These uses are not resource related, but are still integral to rural communities and the livability of Deschutes County's rural areas, and have been shown to be able to be constructed within MUA zoned lands in a manner that is consistent with and complimentary to the desired rural character of the County. Similarly, mini -storage is needed for rural residents who do not have options to meet storage needs within their own properties, or cannot afford to construct their own on -site storage shed/building. The allowance of mini - storage supports rural residents by providing opportunities to store personal property, including equipment, recreational vehicles, and watercraft, for example. Creating greater opportunities for mini -storage facilities can also support Deschutes County's numerous recreational amenities given their ability to accommodate recreational equipment for use at these amenities. Outdoor recreation is an essential component of Deschutes County's economy and livability, and the proposal allows a recreation -supportive use that is compatible with the County's rural character. Additionally, mini -storage would only be allowed as a conditional use, subject to the conditional use review procedure per DCC 18.128 and the mini -storage specific standards ' See Moody v. Deschutes County, 220 Or LUBA, 3 n.1 (1992). https://www.oregon.gov/luba/Docs/Opinions/1992/01-92/91169 pdf Wo MMA Page 8 MUA Zone Text Amendment for !dirt:• S,orage Uses Land Use Narrative April 11, 2024 per DCC 18.128.300, which provides the review authority additional discretion in their review to apply conditions of approval on a mini -storage use that is sensitive to specific site conditions and adjacent development patterns. Given this use would also be limited to parcels adjacent to U.S. Hwy 20, it would also be subject to the LM zone per DCC 18.84, including the use limitations per DCC 18.84.050, design review standards per DCC 18.84.080, and setback requirements per DCC 18.84.090, all of which help ensure compatibility between site design and the scenic viewsheds and natural landscapes the LM zone is intending to preserve. Together, the conditional use and LM zone standards, in conjunction with the County's site plan review process per DCC 18.124, ensure that any mini -storage facilities can be developed in a manner that is consciousness of the carrying capacity of the land, any on -site natural and scenic resources, as well as adjacent development patterns and land uses. For these reasons, the proposed mini -storage use is consistent with the purpose statement of the MUA zone above. Chapter 18.136 Amendments 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: The applicant is proposing a legislative text amendment to DCC 18.32.030, Conditional Uses Permitted, in order to allow mini -storage as a conditional use in the MUA zone. The applicant is not proposing a quasi-judicial map amendment, as the proposed text amendment will not alter the County's zoning or comprehensive plan map(s). Because a legislative amendment is proposed, the provisions per DCC 22.12 are applicable, and hearings before the Deschutes County Planning Commission and Board of County Commissioners are required. A signed application form is included with this application as Exhibit A and the appropriate filing feel will be provided upon submittal of this application. 18.136.020 Rezoning Standards The applicant for a quasi-judicial rezoning must establish that the public interest is best served by rezoning the property. Factors to be demonstrated by the applicant are: [...] Response: The applicant is proposing a legislative text amendment to DCC 18.32.030, Conditional Uses Permitted, in order to allow mini -storage as a conditional use in the MUA zone. The applicant is not proposing a quasi-judicial map amendment, as the proposed text amendment will not alter the County's zoning map. The provisions of this section are not applicable. 18.136.030 Resolution of Intent To Rezone [..] Response: The applicant is proposing a legislative text amendment to DCC 18.32.030, Conditional Uses Permitted, in order to allow mini -storage as a conditional use in the MUA zone. The applicant is not proposing a quasi-judicial map amendment, as the proposed text amendment will not alter the County's zoning map. The provisions of this section are not applicable. 18.136.040 Record of Amendments All amendments to the text or map of DCC Title 18 shall be filed with the County Clerk. Page 9 MUA None Text Amendrnent for Mini-Sicr age Use -- Land Use. Narrative April 11, 2024 Response: If approved, the adopted text amendment will be filed with the Deschutes County Clerk as required. Chapter 18.140 Administrative Provisions 18.140.070 Filing Fees An application required by DCC Title 18 shall be accompanied by a filing fee in the amount set by order of the Board of County Commissioners. Response: An application form signed by the applicant is included with this application as Exhibit A. The appropriate filing feel will be provided with the submittal of this application. Title 22 Deschutes County Development Procedures Ordinance Chapter 22.08 General Provisions 22.08.005 Pre -Application Conference A pre -application conference is encouraged for complex applications or for applicants who are unfamiliar with the land use process. The purpose of the conference shall be to acquaint the applicant with the substantive and procedural requirements of the applicable land use ordinances, to provide for an exchange of information regarding applicable requirements of the comprehensive plan, zoning ordinance or land division ordinance and to identify issues likely to arise in processing an application. The applicable zoning ordinance may require that a preapplication conference be held for particular types of applications. Response: DCC 18.136 does not identify that a pre -application conference is required prior to submittal of text amendment applications and the applicant did not hold a pre -application conference. 22.08.010 Application Requirements B. Applications for development or land use actions shall: 1. Be submitted by the property owner or a person who has written authorization from the property owner as defined herein to make the application; Response: The proposed legislative text amendment is not specific to any single property as development is not proposed. An application form signed by the applicant is included with this application as Exhibit A. 2. Be completed on a form prescribed by the Planning Director; Response: An application form provided by the Deschutes County Community Development Department, and signed by the applicant, is included with this application as Exhibit A. 3. Include supporting information required by the zoning ordinance and that information necessary to demonstrate compliance with applicable criteria; and Response: This document serves as the applicant's burden of proof and demonstrates that the applicable regulations and policies governing the approvability of this request are met. An application form signed by the applicant is included with this application as Exhibit A, as required by this ordinance. 4. Be accompanied by the appropriate filing fee, unless such fees are waived by the Board of County Commissioners. Page 10 r. ■ MUA Zone Text Amendment for Mini -Storage Uses Land Use Narrative April 11, 2024 Response: The appropriate filing feel will be provided upon submittal of this application. 5. Include an affidavit attesting to the fact that the notice has been posted on the property in accordance with DCC 22.24.030(B). Response: The proposed legislative text amendment is subject to and will follow the public notice requirements of DCC 22.12.020. Per DCC 22.12.020(B), posted notice may be required at the planning director's discretion. C. The following applications are not subject to the ownership requirement set forth in DCC 22.08.010(B) (1): 1. Applications submitted by or on behalf of a public entity or public utility having the power of eminent domain with respect to the property subject to the application; or 2. Applications for development proposals sited on lands owned by the state or the federal government. Response: This application is not being submitted by or on behalf of a public entity or public utility and no development is proposed on lands owned by the state or federal government. D. A deposit for hearings officers' fees may be requested at any time 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. Response: Per DCC 22.12.040 this legislative text amendment is subject to hearings before the Deschutes County Planning Commission and Board of County Commissioners. As a hearing before a hearings officer is not required, this provision is not applicable. Chapter 22.12 Legislative Procedures 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 legislative text amendment will be reviewed by both the Planning Commission and Board of County Commissioners as required by this provision. 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. B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. 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. D. Media Notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. Page 11 MUA Zone Text Amendment for Mini -Storage Uses Land Use Narrative 11, 2024 Response: The proposed legislative text amendment will be noticed as required by the provisions of this section. Posted notice and individual notice will be provided if determined to be necessary by 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 per paragraph C above is not required for this application. Because this is an application for a legislative text amendment, not an action to amend an existing comprehensive plan or any element thereof, or adopt a new comprehensive plan, Oregon Revised Statutes (ORS) 215.203 (Measure 56 notice) is not applicable (see ORS 215.203(3)). Therefore, no property will have to be rezoned in order to comply with the proposed amendment to DCC 18.32.030 if any adopting ordinance is approved. 22.12.030 Initiative 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: An application form signed by the applicant is included with this application as Exhibit A. The appropriate filing fee will be provided upon this application's submittal. 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. Response: The proposed legislative text amendment will be reviewed by both the Planning Commission and Board of County Commissioners as required by this provision. 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: This legislative text amendment is being initiated by an individual, not the Board of County Commissioners. This provision is not applicable. 22.12.050 Final Decision All legislative changes shall be adopted by ordinance. Response: If approved, the proposed legislative text amendment will be adopted by ordinance as required. fir Page 12 MUA Zone Text Amendment for Mini -Storage Uses Land Use Narrative April 11, 2024 5.0 Compliance with the Deschutes County Comprehensive Plan The goals and policies of the Deschutes County Comprehensive Plan that are applicable to the proposed text amendment are listed below with applicant findings demonstrating the proposal's consistency with these goals and policies. Chapter 1: Comprehensive Planning Section 1.3 Land Use Planning Policies Goal 1: Maintain an open and public land use process in which decisions are based on the objective evaluation of facts. Policy 1.3.3: Involve the public when amending County Code. Response: The proposed legislative text amendment will comply with the provisions of DCC 22.12, which requires public notice of the proposal and hearings before the Deschutes County Planning Commission and Board of County Commissioners. Public hearings and notice will provide opportunities for members of the public to engage with the review bodies and provide input and testimony on the proposed text amendment in support of this goal and policy. Chapter 3: Rural Growth Section 3.4 Rural Economic Policies Goal 1: Maintain a stable rural economy, compatible with rural lifestyles and a health 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 legislative text amendment is consistent with the County's intent to review land use regulations and identify legal and appropriate rural economic development opportunities. The applicant's proposal provides a new rural economic development opportunity within specific and targeted areas of the MUA zone. By requiring approval of a conditional use permit for the proposed mini -storage use, it can be ensured that the integrity of the rural character and natural environment is maintained. As the mini -storage use is considered commercial development that will require on -site parking, site plan review is also required per DCC 18.124.030(B)(3), which will further ensure that proposed mini -storage facilities are designed and constructed in a manner that's compatible with adjacent development patterns and uses. As identified in Section 3.0 of this narrative, the proposed amendment restricts the development of mini -storage facilities to parcels that are a minimum of 10 acres in size, adjacent to U.S. Hwy 20, and in close proximity to existing UGBs. These proposed parameters will also help maintain the integrity of the rural character and natural environment within the MUA zone in support of this goal and policy. 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 facilities as a conditional use in limited areas of the MUA zone will support new and existing recreational and tourism areas, such as the Prineville Reservoir and the Deschutes National Forest, by providing facilities for the storage of recreational equipment, including boats and recreational vehicles. By providing dedicated storage Page 13 ONOMTEVIM MUA Zone Text Amendment for fviini-Storage Uses Land Use Narrative 1 11, 2024 facilities, the proposed text amendment supports this policy by reducing the visual impacts of vehicles and equipment parked and stored in residential or public spaces and limiting the possibility that toxic fluids from these vehicles and equipment could inadvertently leak into the natural environment. Policy 3.4.7: Within the parameters of State land use regulations, permit limited local -service commercial uses in higher -density rural communities. Response: The proposed legislative text amendment supports this policy by allowing a new local - serving commercial mini -storage use in higher -density rural communities when also in close proximity to established UGBs and U.S. Hwy 20. Section 3.5 Natural Hazard Policies Goal 1: Protect people, property, infrastructure, the economy and the environment from natural hazards. Response: Allowing mini -storage facilities in rural areas that are in close proximity .to existing UGBs and adjacent to U.S. Hwy 20 supports this goal by providing opportunities for the public to store their property in safe and secure facilities that are inherently less likely to be affected by natural hazards due to their proximity to urban -level services provided within established and nearby UGBs. In addition, having mini -storage facilities in close proximity to U.S. Hwy 20 will offer residents a means to quickly gather critical necessities that might be needed in response to natural hazards. Section 3.6 Public Facilities and Services Policies Goal 1: Support the orderly, efficient and cost-effective siting of rural public facilities and services. Policy 3.6.8: Coordinate with rural service districts and providers to ensure new development is reviewed with consideration of service districts and providers needs and capabilities. Policy 3.6.9: New development shall address impacts on existing facilities and plans through the land use entitlement process. Response: The proposed legislative text amendment is consistent with these policies because mini - storage facilities would be subject to the conditional use criteria of DCC 18.128 as well as the site plan review standards of DCC 18.124, which will ensure that public facilities, including utilities and transportation facilities, can be adequately provided to the facility and that any disproportionate impacts are adequately mitigated. 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: The proposed legislative text amendment would allow mini -storage facilities as a conditional use in limited areas of the MUA zone that must be within 2,500 feet of an established UGB. Geographic proximity to UGBs will contribute to the orderly and efficient transition between urban and rural lands, and their resulting development patterns, because storage facilities can be used for the storage of personal property (such as boats and recreational vehicles), which will promote rural recreation while limiting the non -farm commercial use of rural lands (such as for the storage of such equipment). Page 14 �:<> C)OWL MUA Zone Text Amendment for kiini-5ior&ge Uses Land Use Narrative April 11, 2024 6.0 Compliance with the Oregon Statewide planning Goals The applicable Statewide Planning Goals are set forth below with findings demonstrating the proposal's consistency with each Goal. Goals 15 through 19 are not applicable to the proposed text amendment. Goal 1: Citizen Involvement To ensure opportunities for citizens to be involved in the development of public policies and all phases of the planning process. Response: The proposed legislative text amendment will comply with the provisions of DCC 22.12, which requires public notice of the proposal and hearings before the Deschutes County Planning Commission and Board of County Commissioners. Public hearings and notice will provide opportunities for members of the public to engage with the review bodies and provide input and testimony on the proposed text amendment consistent with Goal 1, Goal 2: Land Use Planning To maintain a transparent land use planning process in which decisions are based on factual information and reviewed in accordance with implementing ordinances. Response: Applicable provisions of the DCC, goals and policies of the Deschutes County Comprehensive Plan, and the Statewide Planning Goals are addressed throughout this narrative, demonstrating consistency of the proposed mini -storage use with the purpose of the MUA zone. This proposal will be reviewed by both the Deschutes County Planning Commission and the Board of County Commissions, ensuring a transparent land use planning process with ample opportunities for public comment and input in support of Goal 2. Goal 3: Agricultural Lands To preserve and maintain agricultural lands. Response: This application is for a legislative text amendment to the DCC. As such, it is not proposing to rezone agricultural lands or otherwise impact the County's supply of land available for agricultural purposes. Further, the MUA zone is not an exclusive farm use zone, it is considered exception land, which is intended to allow for other types of uses than just agricultural ones2. Rather, the purpose of the MUA zone per DCC 18.32.010 is to "preserve the rural character of various areas of the County while permitting development consistent with that character..." As demonstrated through this narrative, by allowing mini -storage facilities as a conditional use, it can be ensured that the rural character of the MUA zone and the County at large is maintained. 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: This application is for a legislative text amendment to the DCC within the MUA zone. It is not proposing to rezone or alter the County's supply of forest resource lands. Goal 4 is met. 2 See Moody v. Deschutes County, 220 Or LUBA, 3 n.1 (1992). https://www.oregon.gov/luba/Docs/Opinions/1992/01-92/91169.pdf Page 15 MIIA Zone Text Amendment for Land Use Narrative v Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources To protect natural resources and conserve scenic and historic areas and open spaces. 1 1, 2024 Response: The proposed new mini -storage use would be allowed on certain parcels adjacent to U.S. Hwy 20, which would be subject to the LM zone, which applies to all areas within one- fourth mile of the centerline of roads identified as landscape management corridors in the County's 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. Per Table 5.5.1 within Section 5.5 of Comprehensive Plan, Goal 5 Inventory for Open Spaces, Scenic Views and Sites, all land within one -quarter mile of the centerline of U.S. Hwy 20 is subject to the LM zone and is an inventoried Goal 5 resource. Because the proposed text amendment to DCC 18.32 requires a PAPA, which would have the effect of allowing a new use (mini -storage) that could be conflicting with a Goal 5 resource within the County's acknowledged Goal 5 inventory, Oregon Administrative Rule (OAR) 660-023-0250 requires an ESEE analysis for the proposed mini -storage use. The applicant has prepared a Goal 5 ESEE analysis in support of the proposed text amendment, which is included with this application as Exhibit B. The following is excerpted from the Goal 5 ESEE analysis' conclusion: "This analysis concludes that limiting the conflicting use would result in the most positive consequences of the three decision scenarios. A decision to limit the new mini -storage use would avoid many of the negative consequences attributed to either allowing or prohibiting the conflicting use. The LM zone's application of use limitations per DCC 18.84.050, design review standards per DCC 18.84.080, and setback requirements per DCC 18.84.090 all help ensure compatibility between site design and the scenic viewsheds and natural landscapes the LM zone is intending to preserve. Further, the mini -storage use would 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, which provides the review authority additional discretion in their review to apply conditions of approval on a mini -storage use that is sensitive to specific site conditions and adjacent development patterns. For the reasons concluded through this ESEE analysis, limiting the conflicting use is recommended for the proposed zoning text amendment." For the reasons concluded within the ESEE analysis, the applicant has demonstrated that the proposed mini -storage use can be allowed in a limited manner, subject to the development standards and provisions of the LM zone within DCC 18.84. Goal 5 is met. Goal 6: Air, Water and Land Resource Quality To maintain and improve the quality of air, land, and water resources consistent with state and federal regulations. Response: This application is for a legislative text amendment to the DCC within the MUA zone and impacts to air, water and land resource quality are not proposed. Goal 6 is met. Goal 7: Areas Subject to Natural Disasters and Hazards To protect people and property from natural hazards. Response: Allowing mini -storage facilities in rural areas that are in close proximity to existing UGBs and adjacent to U.S. Hwy 20 supports Goal 7 by providing opportunities for the public to Page 16 BOWL MUA Zone Text Amendment for Mini -Storage Uses Land Use Narrative ---April 11, 2024 store their property in safe and secure facilities that are inherently less likely to be affected by natural hazards due to their proximity to urban -level services. In addition, having mini - storage facilities in close proximity to U.S. Hwy 20 will offer residents a means to quickly gather critical necessities that might be needed in response to natural hazards. 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: Allowing mini -storage facilities as a conditional use in limited areas of the MUA zone will support new and existing recreational areas, such as the Prineville Reservoir and the Deschutes National Forest, by providing facilities for the storage of recreational equipment, including boats and recreational vehicles, in support of Goal 8. Goal 9: Economic Development To inventory commercial and industrial lands, identify future demand, and plan for ways to meet that demand. Response: The proposed legislative text amendment supports Goal 9 because it will have the effect of allowing new and varied economic activity within the MUA zone that will allow the general public additional economic and business opportunities. Goal 10: Housing To provide for the housing needs of citizens of the state. Response: This application is for a legislative next amendment to the DCC within the MUA zone and will have no impact on the County or state's ability to provide for the housing needs of the state's citizens. Goal 11: Public Facilities and Services To plan, develop, and maintain public facilities and services that serve the needs of the community in an orderly and efficient manner. Response: This application is for a legislative text amendment to the DCC within the MUA zone and will have no direct impact on public facilities or services. However, by permitting mini - storage facilities only through a conditional use permit process and also requiring site plan review, it can be ensured that adequate public facilities and services are available to serve future mini -storage facilities, and that any disproportionate impacts are adequately mitigated. Goal 11 is met. Goal 12: Transportation To provide and encourage a safe, convenient and economic transportation system. Response: This application is for a legislative text amendment to the DCC within the MUA zone and will have no direct impact on the County or state transportation system. However, by permitting mini -storage facilities through a conditional use permit process and subject to site plan review standards, it can be ensured that adequate transportation connections to mini -storage sites are provided and that any disproportionate impacts to the transportation system are adequately mitigated. Further, by limiting mini -storage facilities in the MUA zone to parcels that are in close proximity to UGBs and adjacent to U.S. Hwy 20, the proposal ensures that these facilities are provided convenient access to the County's residents. Goal 12 is met. Page 17 OOWL MUA Zone Text Amendment for Mini -Storage Uses Land Use Narrative Goal 13: Energy Conservation To conserve energy. 1 11, 2024 Response: This application is for a legislative amendment to the DCC within the MUA zone and will have no direct impact on energy conservation efforts. By subjecting mini -storage uses to the conditional use process, it can be ensured that these facilities are developed and designed with best practices, including energy efficient design standards. Goal 13 is met. 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 is intended to regulate the conversion of rural lands to urban -level uses in order to help ensure efficient use of land and livable communities. The proposed legislative text amendment is not proposing to amend any UGBs within the County or otherwise convert rural lands to urban uses. The proposal would allow mini -storage as a conditional use and, as a narrowly defined use, would limit the proliferation of such uses in a manner that would conflict with Goal 14. Further, the allowance of mini -storage supports rural residents by providing opportunities to store personal property, including equipment, recreational vehicles, and boats. In addition, other County zones already allow mini -storage, such as the R-1 zone, another zone intended to serve rural communities, which tends to indicate that it is at least a compatible use in an urban to rural transition zone. The proposed text amendment will limit the potential location of mini -storage to parcels in the MUA zone that are in close proximity to existing UGBs and adjacent to U.S. Hwy 20, thereby limiting the potential for "leapfrog" development and ensuring that any new mini -storage uses will occur in close proximity to the UGB from which any future expansion would occur. Further, by subjecting mini -storage uses to the conditional use process, it can be ensured that these facilities are developed and designed to be compatible with the rural character of the County. The question whether a given use is urban or rural depends on the factors identified in Shaffer v. Jackson County, 17 Or LUBA 922 (1989)3. Those factors include whether the use (1) employs a small number of workers; (2) is significantly dependent on a site - specific resource and there is a practical necessity to site the use near the resource; (3) is a type of use typically located in rural areas; and (4) does not require public facilities or services. The first factor here would be met because the proposed mini -storage facility would employ a very small number of workers —with at most one or two single regular on -site employees during limited hours of operation. The second factor is satisfied by the site -specific dependency on U.S. Hwy 20 East and the rural and recreational resources east of Bend. As the site will naturally attract and provide storage for boats, RVs, off -road vehicles and other recreational equipment there is a practical necessity to site the storage facility in the particular area where Bend transitions to those larger rural areas with many residents. By contrast, this is not a mini -storage use that is proposed to be located directly between two nearby cities with evidence of 3 https://www.oregon.gov/luba/Docs/Opinions/1989/07-89/89015.pdf Page 18 MUA Zone Text Amendment for i0mi-Stura,ia UseZ Land Use Narrative 11, 2024 operational characteristics demonstrating the fa.ci'Ity was serving primarily urban residents, as in Friends of Yamhill County v. Yamhill Co., 49 Or LUBA 529, 538 (2005)4. The third factor would also appear to be satisfied, as mini -storage facilities tend to be located in both rural and urban areas alike, and are indeed conditionally permitted uses in the Rural Industrial (RI) zone as discussed above. See DCC 18.100.020(M). The nature of the proposed use is not inherently "urban" in the sense that rural users have the need for self -storage, as discussed above generally with respect to the purposes of the MUA zone. Finally, the fourth factor is satisfied, because the use is not reliant upon and does not require the extension of public facilities or services like water or sewer. These factors are not conclusive or determinative, but are considered together. Columbia Riverkeeper v. Columbia County, 70 Or. LUBA 171, 211 (2014)5. When these factors are considered together, they do not suggest that the proposed use is any more "urban" in character rather than "rural." Under these circumstances, Goal 14 is met. 7.0 Conclusion As evidenced through this narrative and associated documents, the applicant's proposed text amendment to the Deschutes County Code is consistent with the applicable local and state policies and regulations governing the allowance of this request. Therefore, the applicant respectfully requests Deschutes County approval of this application. 4 https://www.oregon.gov/luba/Docs/Opinions/2005/06-05/05057.pdf 5 https://www.oregon.gov/tuba/Docs/Opinions/2014/08-14/14017.pdf Page 19 MUA ZONE TEXT AMENDMENT FOR MINI - STORAGE USES Deschutes County, Oregon Environmental, Social, Economic and Energy (ESEE) Analysis Prepared for: Eastside Bend LLC 721 South Brea Canyon Road, Suite 7 Diamond Bar, California 91789 Prepared by: 963 SW Simpson Avenue; Suite 200 Bend, Oregon 97702 Submitted: April 11, 2024 DOWL #2481.16033.01 MUA Zone Text Amendment for Mini -Storage Uses Environmental, Social, Economic, and Energy Analysis Z11 - April 11, 2024 1.0 INTRODUCTION................................................................................................... 5 1.1 OVERVIEW OF REQUEST & PROJECT DESCRIPTION...........................................................................5 1.2 DESCRIPTION OF THE CONFLICTING USE.......................................................................................... 5 2.0 ESEE ANALYSIS.................................................................................................. 6 2.1 ESEE ANALYSIS REQUIREMENTS.....................................................................................................6 2.2 EXISTING LOCAL PROTECTIONS........................................................................................................ 7 2.3 ESEE ANALYSIS AREA DESCRIPTION............................................................................................... 7 3.0 SITE SPECIFIC ESEE ANALYSIS.......................................................................9 3.1 ECONOMIC CONSEQUENCES............................................................................................................ 9 3.2 SOCIAL CONSEQUENCES............................................................................................................... 11 3.3 ENVIRONMENTAL CONSEQUENCES................................................................................................. 12 3.4 ENERGY CONSEQUENCES.............................................................................................................. 12 3.5 CONCLUSION.................................................................................................................................13 Figure 1: Affected Parcels (ESEE Analysis Area) I3 Page 3 MUA Zone Text Amendment for Pilini-Storage Uses Env, ronmental, Social, Economic, and Energy Ana;y +s ��- _ =�� COID Central Oregon Irrigation District County Deschutes County DCC Deschutes County Code DLCD Oregon Department of Land Conservation and Development DOWL DOWL, LLC ESEE Economic, Social, Environmental and Energy GIS Geographic Information System HWY 20 U.S. Highway 20 (Central Oregon Highway) LCDC Land Conservation and Development Commission LM Landscape Management Combining Zone LUBA Oregon Land Use Board of Appeals MUA Multiple Use Agricultural Zone OAR Oregon Administrative Rules ODOT Oregon Department of Transportation ORS Oregon Revised Statutes PAPA Post -Acknowledgement Plan Amendment ROW Right -of -Way RV Recreational Vehicle SF Square Feet UGB Urban Growth Boundary April 11, 2024 Page 4 MUA Zone Text Amendment for Mini-Storace Uses Environmental, Social, Economic, and Enemy Analysis April 11, 2024 1.0 INTRODUCTION 1.1 Overview of Request & Project Description Eastside Bend LLC (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 35 acres in size; • Adjacent to U.S Hwy 20; and • Within 2,500 feet of an urban growth boundary (UGB). Given the proposed use would be allowed on certain parcels adjacent to U.S. Hwy 20, 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. Per Table 5.5.1 within Section 5.5 of Comprehensive Plan, Goal 5 Inventory for Open Spaces, Scenic Views and Sites, all land within one - quarter mile of the centerline of U.S. Hwy 20 is subject to the LM zone and is an inventoried Goal 5 resource. 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 U.S. Hwy 20), 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), public and private schools, or veterinary clinics, demonstrating that the proposed mini -storage use is not a departure from the size and scale of development already allowed within the MUA and LM zones'. 1.2 Description of the Conflicting Use 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 U.S. Hwy 20. Goal 5 Administrative Rule OAR 660-023-0010 defines "conflicting use" as follows: ' Per DCC 18.84.030, uses permitted in the underlying zone are also permitted in the LM zone. Page 5 MUA Zone Text Amendment foc i 1ir.i-Storage Ulses Environmental, Social, Economic, and Energy Anai 11, 2024 (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 go✓ernments 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.) (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 proposed mini -storage use within the MUA zone for certain parcels situated along U.S. Hwy 20. Due to the location of the LM zone along U.S. Hwy 20, which is intended to "maintain and enhance scenic vistas and natural landscapes as screen from designated roads, rivers, or streams", the new mini -storage use could conflict with this Goal 5 resource and an ESEE analysis is required. 2.0 ESEE ANALYSIS 2.1 ESEE Analysis Requirements This ESEE analysis is based on a proposed new mini -storage use within the MUA zone for certain parcels adjacent to U.S. Hwy 20, 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. An ESEE analysis evaluates the trade-offs associated with different levels of resource protection. As required by the Goal 5 Rule, the evaluation process identifies the consequences of allowing, limiting, or prohibiting conflicting uses in areas containing significant resources, including scenic views. Pursuant to the Goal 5 Rule, OAR 660-023-0040, the ESEE analysis 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 20 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 (also referred to as the "affected parcels" within this document), which have been identified using geographic information systems (GIS), and are described in more detail in Page 6 MUA Zone Text Amendment for Mini -Storagi: Uses Environmental, Social, Economic, and Energy Analysis April 11, 2024 Section 2.3 of this document. An ESEE consequences analysis for the impart area is provided in Section 3.0 of this document. As described in Section 2.2 below, Deschutes County already maintains a program for achieving Goal 5 specific to the scenic views and natural landscapes viewed from U.S. Hwy 20, which are an inventoried Goal 5 resource within Deschutes County and are protected though the establishment of the LM zone. 2.2 Existing Local Protections As previously discussed, the proposed new mini -storage use within the MUA zone would be allowed on certain parcels adjacent to U.S. Hwy 20, which would be subject to the County's LM zone, which is intended to maintain scenic and natural resources of the designated areas and to maintain and enhance scenic viewsheds and natural landscapes as seen from designated roads, rivers, or streams (including U.S. Hwy 20). 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. Notably, the LM zone limits building heights to 30-feet, which largely ensures scenic viewsheds can be preserved when viewed from a designated road (such as U.S. Hwy 20). 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), public and private schools, or veterinary clinics, demonstrating that the proposed mini -storage use is not a departure from the size and scale of development already allowed within the MUA and LM zones. 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 U.S. Hwy 20. 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. The County's conditional use process provides the review authority with ample discretion in their review of a proposed use to ensure that it remains compatible with adjacent development and uses through consideration of site, design and operating characteristics of the proposed use, adequacy of transportation access to the development site, and the natural and physical characteristics of the site. Lastly, any development within the MUA zone would also be subject to the MUA zone development standards per DCC 18.32, unless superseded by the LM zone or through a condition of approval applied through the conditional use review process. Any development proposed that includes buildings, parking or site grading would also be subject to the County's site plan review process per DCC 18.124. 2.3 ESEE Analysis Area Description 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 35 acres in size; • Adjacent to U.S Hwy 20; and • Within 2,500 feet of an urban growth boundary (UGB). Through a GIS analysis of Deschutes County's zoning and tax lot data, it was determined that the proposed mini -storage use would only affect three parcels, all generally located between Hamby Road/Ward Road Page 7 MUA Zone Text Amendment for Mlini-Storage Uses Environmental, Social, Economic; and 'Eneruy Analysis April 11, 2024 on the east and the Bend UGB on the west. These parcels are identified as tax lots 1712350001201, 1712350001600 and 1712350001400 and are shown on Figure 1 below. U.S. Hwy 20 only traverses through two UGBs, Bend and Sisters, and there are no MUA-zoned lands adjacent to the Sisters UGB. While there are ample MUA-zoned lands immediately north of the Bend UGB along U.S. Hwy 20 (Bend - Sisters Highway), there are no parcels that also meet the acreage size requirements and minimum distance from the UGB to qualify for the proposed new mini -storage use. For the purpose of this ESEE analysis and the consideration of a new conflicting use, the ESEE analysis impact area is limited to the portions of tax lots 1712350001201, 1712350001600 and 1712350001400 within the LM zone and their associated natural landscapes and scenic views. Figure 1: Affected Parcels (ESEE Analysis Area) -- Hgh.uav M MeitcV Faernx `.: (Yban GenHli EuaMery ban GfuHa SYaigary;50]R &A11 � 0.xir�les G��-mY C]�Nary NW-IOIDnny 2.3.1. Existing Conditions The three affected parcels are located just east of the Bend UGB. This location is optimal for the storage of boats, RVs and recreational equipment as it is along the travel route to vast public lands and lakes to the east providing recreational opportunities, as well as the eastern route around the City to connect to North Hwy 97. This location provides the opportunity for local residents to store large recreational vehicles and equipment along two major transportation corridors to recreational opportunities, thereby decreasing vehicle miles traveled and carbon emissions. The three affected parcels are all zoned MUA on the County's zoning map. Adjacent zoning designations include Urbanizable Area Reserve (UAR10) to the west, Exclusive Farm Use — Tumalo/Redmond/Bend Subzone (EFUTRB) to the south and east, land within the Bend UGB (but outside Bend city -limits) zoned Standard Density Residential (RS) to the south and west, and additional MUA zoned land to the south. All three affected parcels are currently vacant and relatively flat, with elevations varying by approximately 10 feet across each parcel. A Central Oregon Irrigation District (COID) canal lateral crosses tax lots 1712350001400 and 1712350001201 generally flowing east to west. Vegetation within each parcel is relatively sparse, consisting of vegetation typical of Central Oregon such as sagebrush, bitterbrush and Page 8 ■ M MUA Zone Text Amendment for Mini-Siorage Uses Environmental, Social, Economic, and Energy A,1alysa April 11, 2024 scattered juniper trees. Vegetation aieng ea :h parce;'s 'I";-ontage with U.S. Hwy 20 is mostly limited to scrub and taller grasses. An overhead power a.nd communication line runs along the frontage of tax lot 1712350001600 on the south side of U.S. Flwy 20. Views from U.S Hwy 20 to the north are limited as terrain begins to gently slope upward, but Cline Butte is occasionally visible on clear days. Additionally, the recent construction of a roundabout at U.S. Hwy 20's intersection with Hamby Road and Ward Road, and the resulting grade changes, have further reduced views across tax lot 1712350001400 to the north when travelling on the highway. Views from U.S. Hwy 20 to the south are more prominent, with Paulina Peak partially visible, with the aforementioned overhead power and communication lines partially obscuring this viewshed. Views from U.S. Hwy 20 heading westbound (toward Bend) include the high Cascades, including Mount Bachelor and South Sister. Views from U.S. Hwy 20 heading eastbound (toward Burns) are limited, largely due to the new roundabout. Immediately adjacent rural residential development (on tax lots 1712350001205, 1712350001100 and 1712350001401) obscure views from U.S. Hwy 20 to the north depending on the vantage point. 2.3.2. Site Alterations Specific site alterations on the three subject parcels are not proposed at this time. This ESEE analysis is limited to evaluating a new proposed use (mini -storage) that could be conflicting with scenic viewsheds and natural landscapes viewed from U.S. Hwy 20. As discussed in Section 2.2, if the new mini -storage use text amendment is approved, any new development eventually proposed would be subject to the County's land use review process and numerous development regulations intended to ensure compatibility with scenic views and natural landscapes through the implementation and application of the LM zone to new development on parcels subject to the LM zone. 3.0 SITE SPECIFIC ESEE ANALYSIS An ESEE analysis describes the economic, social, environmental, and energy consequences of allowing, limiting, or prohibiting a possible conflicting use with an inventoried Goal 5 resource. For the purpose of this ESEE analysis, the conflicting use is the new proposed mini -storage use within the MUA zone for certain parcels along U.S. Hwy 20, which would be subject to the County's LM zone, which is intended to maintain scenic and natural resources of the designated areas and to maintain and enhance scenic viewsheds and natural landscapes as seen from designated roads, rivers or streams (including U.S. Hwy 20). For the purpose of this analysis, "allow", "limit", and "prohibit" are defined as follows: Allow Conflicting Uses: "Allowing" the conflicting use means that Deschutes County is not applying additional protections to Significant Goal 5 scenic resources beyond baseline protection provided by other, non-Goal-5 local, state, and/or federal requirements. Limit Conflicting Uses: "Limiting" conflicting uses strikes a balance between completely developing Significant Goal 5 resources and completely protecting them. This alternative involves developing lands in ways that minimize negative environmental and economic tradeoffs, supporting the development goals embodied in local and regional land use plans, and protecting the most important Goal 5 Significant scenic resources. 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). Limiting the conflicting use, in this case, would mean applying the standards and regulations of the LM zone to the new mini -storage use. Prohibiting Conflicting Uses: "Prohibiting" conflicting uses would prevent development actions that conflict with, or degrade, Significant Goal 5 resources. This scenario emphasizes resource protection. Protection measures would exceed baseline protections provided by other local, state, and/or federal requirements. 3.1 Economic Consequences The following describes the economic consequences for each of the three protection scenarios Page 9 MUA Zone Text Amendment for Mir-5to age lisec Environmental, Social, Economic, and Ei_erny Ar,aiysis April 11, 2024 3.1.1. Prohibiting Conflicting) Lse (i=u1l Protection The consequences of prohibiting the conflicting use would be mixed. The consequences for the scenic views and existing natural landscapes could be positive if the affected parcels were not otherwise developed under available permitted or conditionally permitted use development allowances within the MUA zone. The visual quality of the ESEE analysis area could be maintained, potentially maximizing preservation of each parcel's visual qualities. As noted in in the County's original ESEE analysis for scenic resources (Ordinance 92-052), "maintaining or enhancing visual quality makes the county a more attractive place to visit, thereby attracting more visitors and inducing people to stay longer'. It should be noted that the vegetation on the affected parcels within the LM zone is already limited as discussed in Section 2.3.1, and viewsheds to the north and south are minimal and already reduced through adjacent rural residential development and overhead utilities along the highway's south frontage. Views to the west toward the high Cascades would not be impacted by development of the affected parcels. The economic consequences related to prohibiting the mini -storage use would be negative. A new use and development opportunity would not be permissible, limiting the creation of additional job opportunities, and positive economic activity would not be generated through mini -storage development. 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. 3.1.2. Limit Conflicting Use (Limited Protection) Limiting the conflicting use through the application of the LM zone, thereby helping to ensure any future development on the affected parcels is subject to the use and development regulations of the LM zone per DCC18.84, such as height limitations, would allow the conflicting use to occur in a manner that is sensitive to the scenic viewsheds and natural landscapes. Limiting the use while still allowing development to occur would have generally positive economic consequences. A new use and development opportunity would be allowed, which could create additional job opportunities for the County's residents and generate positive economic activity. The creation of new mini -storage uses would provide a necessary service in closer proximity to rural residents and limit the need to drive into Bend for a similar storage need. Similarly, limiting the conflicting use in a manner that is sensitive to scenic views and natural landscapes helps to maintain the visual quality of Deschutes County, ensuring that Deschutes County is an attractive place to visit, and as noted in the County's 1992 ESEE analysis, enticing more visitors which can generate positive economic activity in the County. As discussed in Section 2.2, the LM zone's application of use limitations per DCC 18.84.050, design review standards per DCC 18.84.080, and setback requirements per DCC 18.84.090 all help ensure compatibility between site design and the scenic viewsheds and natural landscapes the LM zone is intending to preserve. Notably, the LM zone limits building heights to 30-feet, which largely ensures scenic viewsheds can be preserved when viewed from a designated road (such as U.S. Hwy 20). Further, the mini -storage use would 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, which provides the review authority additional discretion in their review to apply conditions of approval on a mini - storage use that is sensitive to specific site conditions and adjacent development patterns. 3.1.3. Allow Conflicting Use (No Protection) The consequence of allowing the conflicting use without any protections would be mixed. The consequences for the affected parcel's natural landscapes and the viewsheds from U.S. Hwy 20 would be negative. Future mini -storage use development, without limitations, could significantly impact viewsheds and remove all existing natural vegetation, which would diminish the affected parcel's visual quality and could reduce the County's attractiveness to new business interests and tourists. The economic consequences related to allowing the new mini -storage use would be positive, given one of the affected parcels could develop without concern for scenic viewsheds or existing natural landscapes, helping to ensure the economic benefits stated above in Section 3.1.2, including potential job creation and positive economic activity. Page 10 ■ MUA Zone Text Amendment for Mini -Storage Uses Environmental, Social, Economic, and Energy Analysis April 11, 2024 3.2 Social Consequences The following describes the social consequences for each of the three protection scenarios. 3.2.1. Prohibiting Conflicting Use (Full Protection) The consequences of prohibiting the conflicting use would be mixed. The consequences for the scenic views and natural landscapes could be positive if the affected parcels were not otherwise developed under available permitted or conditionally permitted use development allowances within the MUA zone. The visual quality of the affected parcels could be maintained and natural landscapes could be preserved. As discussed in the County's 1992 ESEE analysis, maintaining the County's visual quality enhances the livability of Deschutes County. As Deschutes County continues to urbanize, primarily through growth within the Bend and Redmond UGBs, maintaining scenic quality in the County's rural areas will remain important. However, as mentioned, the vegetation on the affected parcels within the LM zone is already limited, and viewsheds to the north and south are minimal and already reduced through existing rural residential development and overhead utilities. Views to the west toward the high Cascades would not be impacted by development of the affected parcels. The social consequences related to prohibiting the mini -storage use would be negative. An additional employment opportunity would not be created and additional storage opportunities for County residents would not be possible. Deschutes County is a destination for outdoor recreation, with many County residents, as well as visitors, utilizing the extensive public lands and waterways for sport and leisure. Many County residents rely on storage facilities to store recreational equipment, vehicles and watercraft, and prohibiting the mini -storage use would limit options for mini -storage facilities outside of UGBs, requiring rural residents to drive further to meet this need, which could limit the County's livability potential. 3.2.2. Limit Conflicting Use (Limited Protection) Limiting the conflicting use through the application of the LM zone, thereby helping to ensure any future development on the affected parcels is subject to the use and development regulations of the LM zone per DCC 18.84, would allow the conflicting use to occur in a manner that is sensitive to the scenic viewsheds and natural landscapes. Limiting the use while still allowing development to occur would have generally positive social consequences. A new use and development opportunity would be allowed, creating additional employment and storage opportunities for the County's residents. Given the importance of outdoor recreation to the social fabric of Deschutes County, providing opportunities for residents to store recreational equipment, vehicles and watercraft for personal use in locations in the County more proximal to the outdoor recreation uses would be beneficial to the County's livability. Further, providing mini -storage uses in closer proximity to rural residents limits the need to drive further into UGBs for this service, allowing rural residents to spend more time on other pursuits, which could further increase livability for residents. Limiting the conflicting use in a manner that is sensitive to scenic views and natural landscapes will also help preserve and maintain the visual quality of Deschutes County, further enhancing the County's livability. As mentioned in Section 3.2.1, maintaining the County's visual quality in rural areas will remain important as the County continues to urbanize and grow within UGBs. The use limitations and development standards applied through the LM zone, such as a maximum building height of 30-feet, can help to ensure that any future development for mini -storage uses on the affected parcels is done in a manner that is considerate of scenic viewsheds and natural landscapes, and the conditional use review procedure provides the review authority with additional discretion that can ensure compatibility with specific site conditions and adjacent development patterns. 3.2.3. Allow Conflicting Use (No Protection) The consequences of allowing the conflicting use without any protections would be mixed. The consequences for the affected parcel's natural landscapes and the viewsheds from U.S. Hwy 20 would be negative. Future mini -storage development, without limitations, could completely block viewsheds and remove all existing natural vegetation, which would diminish the affected parcel's visual quality, thereby reducing Deschutes County's overall scenic and visual quality. The consequences related to allowing the new mini -storage use would be positive, as stated above in Section 3.2.2, including potential job creation Page 11 BOWL MUA Zone Text Amendment for Mini -Storage Uses Environmental, Social, Economic, and Energy Analysis April 11, 2024 and additional opportunities for storage in support of Deschutes County's recreational opportunities, which is integral aspect of the County's livability. 3.3 Environmental Consequences The following describes the environmental consequences for each of the three protection scenarios. 3.3.1. Prohibiting Conflicting Use (Full Protection) The consequences of prohibiting the conflicting use would be mixed. The consequences for the scenic views and existing natural landscapes could be positive if the affected parcels were not otherwise developed under available permitted or conditionally permitted use development allowances within the MUA zone. Existing landscapes and natural vegetation could be maintained, including existing trees and underbrush, which may provide habitat qualities. Existing vegetation also helps prevent erosion. The scenic qualities of the affected parcels could also be maintained, although scenic qualities do not necessarily provide environmental benefit. As mentioned, existing vegetation within the affected parcels is already limited, and adjacent rural residential development, as well as U.S. Hwy 20 itself, may limit the functional values of any habitat areas within the affected parcels. The environmental consequences related to prohibiting the mini -storage use could be negative due to the fact that the proposed text amendment would allow the development of mini -storage facilities in closer proximity to rural residents. This proximity to rural residential areas could reduce drive times, thereby reducing carbon emissions for local business and residents who wish to utilize these facilities, given they would not have to drive to a UGB to meet this need. 3.3.2. Limit Conflicting Use (Limited Protection) Limiting the conflicting use through the application of the LM zone, thereby helping to ensure any future development on the affected parcels is subject to the use and development regulations of the LM zone per DCC18.84, would allow the conflicting use to occur in a manner that is sensitive to the subject parcel's existing natural vegetation and any habitat qualities this vegetation provides. In addition, a new use and development opportunity would be allowed. The creation of additional mini -storage facilities in closer proximity to rural residents, as well as public lands that offer recreational amenities, could reduce drive times and carbon emissions as rural residents would no longer have to drive to a UGB to utilize these services. The LM zone use limitations and development standards would apply, helping to ensure compatibility between site design and scenic viewsheds and natural landscapes that the LM zone is intending to preserve, as discussed in Section 3.1.2. Notably, the LM zone limits building heights to 30-feet, which largely ensures scenic viewsheds can be preserved when viewed from a designated road (such as U.S. Hwy 20). Therefore, limiting the conflicting use would generally have positive environmental consequences. 3.3.3. Allow Conflicting Use (No Protection) The consequences of allowing the conflicting use without any protections would be mixed. The consequences for the affected parcel's natural landscapes and the viewsheds from U.S. Hwy 20 would be negative. Without limitations, future mini -storage development could completely remove existing natural vegetation, and harm any habitat qualities this vegetation provides. The environmental consequences related to allowing the new mini -storage uses would be positive for the reasons stated in Section 3.3.2, including reduced drive times and carbon emissions as nearby rural residents would no longer have to drive to a UGB to access mini -storage facilities. 3.4 Energy Consequences The following describes the energy consequences for reach of the three protection scenarios. 3.4.1. Prohibiting Conflicting Use (Full Protection) The consequences of prohibiting the conflicting use would be mixed. The consequences related to the scenic views and existing natural landscapes could be positive if the affected parcels were not otherwise Page 12 MUA Zone Text Amendment for Mini -Storage Uses Environmental, Social, Economic, and Energy Analysis April 11, 2024 developed under available permitted or conditionally permitted use development allowances within the MUA zone. The visual qualities of the affected parcels could be maintained, potentially maximizing preservation of each parcel's visual quality. This means that nearby County residents, including those within the Bend UGB, could enjoy these viewsheds without having to drive further for similar views, increasing energy use. It should be noted that the vegetation on the affected parcels within the LM zone is already limited as discussed in Section 2.3.1, and viewsheds to the north and south are minimal and already reduced through adjacent rural residential development and overhead utilities. Views to the west toward the high Cascades would not be impacted by development of the affected parcels. The energy consequences related to prohibiting the mini -storage use would be negative. Additional opportunities for the development of mini -storage facilities in closer proximity to rural residents could not occur. The opportunity for these facilities 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. 3.4.2. Limit Conflicting Use (Limited Protection Limiting the conflicting use through the application of the LM zone, thereby helping to ensure any future development on the affected parcels is subject to the use and development regulations of the LM zone per DCC18.84, would allow the conflicting use to occur in a manner that is sensitive to the subject parcel's existing natural vegetation and scenic viewsheds as viewed from U.S. Hwy 20, meaning nearby County residents can continue to enjoy the visual qualities provided by the affected parcels without having to drive further for similar views. The creation of additional mini -storage facilities in closer proximity to rural residents could reduce drive times and energy usage as rural residents would no longer have to drive to a UGB to utilize these services. The LM zone use limitations and development standards would apply, helping to ensure compatibility between site design and scenic viewsheds and natural landscapes that the LM zone is intending to preserve, as discussed in Section 3.1.2. Notably, the LM zone limits building heights to 30- feet, which largely ensures scenic viewsheds can be preserved when viewed from a designated road (such as U.S. Hwy 20). Therefore, limiting the conflicting use would generally have positive energy consequences. 3.4.3. Allow Conflicting Use (No Protection) The consequences of allowing the conflicting use without any protections would be mixed. The consequences for the affected parcel's natural landscapes and the viewsheds from U.S. Hwy 20 would be negative. Without limitations, future mini -storage development could completely remove existing natural vegetation and block viewsheds, minimizing the visual qualities of the affected parcels, meaning nearby residents would have to drive further for similar views. The energy consequences related to allowing the mini -storage uses would be positive for the reasons stated in Section 3.4.2, including reduced energy consumption as nearby rural residents would no longer have to drive to a UGB to access mini -storage facilities. 3.5 Conclusion The applicant's proposal provides an analysis of the relative trade-offs between the County's protection of scenic views and natural landscapes and the proposed legislative amendment to the DCC that would designate mini -storage uses, including watercraft and RV storage, as a conditionally allowed use within the MUA zone for certain parcels adjacent to U.S. Hwy 20. The addition of mini -storage as a conditionally allowed use within the MUA zone provides an additional opportunity for job creation, positive economic development and an additional service for nearby residents that would limit the need to drive into a UGB to access this service. Prohibiting the conflicting use would preserve the affected parcel's natural landscapes and viewsheds but would not allow a new use that could generate a number of benefits for rural residents as identified throughout Section 3.0 of this analysis. This would result in multiple negative consequences as follows: • No positive economic growth benefit or job creation from the construction of potential new mini - storage facilities. Page 13 MUA Zone Text Amendment for Mini -Sic -raja Uses Environmental, Social, Economic:, and Eney Analysis April 11, 2024 • Drive times and energy ccni.%umption for rurai residents could not be reduced and these residents would need to continue to drive into a UCS to access this service. • Additional mini -storage facilities that can accommodate recreational equipment, vehicles, watercraft and RVs would not be permissible in the MUA zone, and an opportunity to support Deschutes County's extensive outdoor recreational amenities, which is integral to the County's social fabric, could not occur. Limiting the conflicting use through the application of the LM zone, thereby helping to ensure any future development on the affected parcels is subject to the use and development regulations of the LM zone per DCC18.84, such as a maximum building height of 30-feet, would allow the conflicting use to occur in a manner that is sensitive to the scenic viewsheds and natural landscapes. Through a decision to limit the new mini -storage use, the following could be achieved: • Scenic viewsheds and natural landscapes within the affected parcels could be largely preserved through existing DCC regulations applied through the LM zone, ensuring these views can continue to be enjoyed by Deschutes County residents and visitors alike in support of the County's livability. • Positive economic growth benefits could occur from the potential of new mini -storage facilities that cater primarily to rural residents. • Additional job opportunities could be created. • Drive times, energy consumption and carbon emissions could be reduced through the development of mini -storage facilities that are in closer proximity to nearby rural residents. • Additional mini -storage facilities that can accommodate recreational equipment, vehicles, watercraft and RVs could be constructed in support of Deschutes County's numerous recreational amenities. Further, the affected parcel's location along U.S. Hwy 20, a key travel route to vast public lands and lakes to the east, provides an opportunity for local residents to store recreational equipment along a major transportation corridor to these recreational amenities, which could also reduce vehicle miles travelled and carob emissions. Allowing the conflicting uses with no protection could allow new mini -storage uses within the affected parcels, with most of the results listed above, but would have the greatest impact to the scenic viewsheds and natural landscapes since no development standards or other regulations, such as those applied through the LM zone, would be enforced. This analysis concludes that limiting the conflicting use would result in the most positive consequences of the three decision scenarios. A decision to limit the new mini -storage use would avoid many of the negative consequences attributed to either allowing or prohibiting the conflicting use. The LM zone's application of use limitations per DCC 18.84.050, design review standards per DCC 18.84.080, and setback requirements per DCC 18.84.090 all help ensure compatibility between site design and the scenic viewsheds and natural landscapes the LM zone is intending to preserve. Further, the mini -storage use would 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, which provides the review authority additional discretion in their review to apply conditions of approval on a mini -storage use that is sensitive to specific site conditions and adjacent development patterns. For the reasons concluded through this ESEE analysis, limiting the conflicting use is recommended for the proposed zoning text amendment. 9M Page 14 ESCC."-1- 247-24-000044-TA 1"=700' Highway 20 Mini -Storage Text Amendments Eastside Bend — Hwy 20 Mini -Storage Text Amendment Land Use File No. 247-24-000044-TA Issue Area Applicable Approval Criterion Applicant and Oppositional Responses Decision Point r ti The Applicant asserts the mini -storage use will not convert rural lands to urban uses. The ` amendment seeks, to provide storage opportunities for rural community members, which is allowed in other zones such as the Rural Industrial (RI) zone. The conditional use requirements and proximity to urban growth boundaries (UGBs) will promote reasonable development and not limit future UGB expansion onto these lands. The applicant finds that the proposal meets the Shaffer to determine if a use is rural. Is this requirement met? Additionally, the Friends of Yamhill County vs. Yamhill County case law does not apply to this A. If the Board finds this Does the application Statewide Land Use Goal 14: case, as the facts are quite different. q requirement is met, then comply with Oregon To provide for an orderly and efficient transition proceed to the next item 6 Statewide Planning from rural to urban land use, to accommodate Oppositional comments assert the use will primarily draw clients from cities and that the p y in this decision matrix. Goal 14? urban population and urban employment inside heightened intensity of the use requires goal exceptions to Statewide Land Use Goals 14. urban growth boundaries, to ensure efficient use of Comments cite case law from Yamhill County, which determined a rezoning to allow mini B. If the Board finds this land, and to provide for livable communities. storage between UGBs violated Goal 14. Additionally, the Shaffer test is not met, and the requirement is not met, use is determined to be urban in nature. deny the proposed application. Last, the uses allowed in the MUA-10 zone are limited to the uses for which a goal exception was originally taken.MUA-10 properties are subject to an exception to Goal 3 and/or Goal 4. The goal exceptions were taken when the property was originally designated as rural residential. As the mini -storage use was not contemplated when the original exception was taken, the use was not properly reviewed. As such an additional goal exception process is necessary. 247-24-000044-TA BOCC Decision Matrix XIJ;eN uoisioaa DDOO ` -L-tib0000-tZ-LtiZ •01auaA10lfjiD •n sawoyl pue sa,uwaoD jo p8 •A s zipagM b//!H AaaagmDijs ui pajou se ssajoJd lep!pnf-!senb' e gSnoJuj passaooJd aq,pea+su! pinoys pue sa!laadoJd aaaul spedw! Aluo !esodoid au1 •paiea.lj sem auoz auj Uaum pall!wjad jou Alleuoilualui aaam ales sit41 uollea!ldde pasodoJd jo sasn lepisnpul pue lelo.aawwo:)'Alleuo!j!ppV •sa!lp ol paaedwoo seam JelnailJed asaq aul Auap 'haw ui asn auj JOI puewap sl aaa41 A aulwJDIap 01 paoaaa 941 u! aouapina Kuala! jjns I,usl aaaq I jou sl juauaaJ!nbaJ spuel uegan uo puag jo Aj!D a41 ul41!m sael!l!oe} aBeJols dolanap 01 Bumueld aJe Aaul pajou Slut sputa pJeog aul JI •9 osle lueolldde ay'f a�eao s ap�s�no ao s,�� Su!pnpiu! suo!ssassod jo a2eJo*s Jo, stol lenp!r,lpu! r uo aoeds alenbape ap!Aoid pinom uo!um saz!s jol aloe wnw!uiw-0l oi pafgns aie auoz •SaJuI)ulp o.6u1.�uawafdwi uol�eolldde oT-b'm auk ui sa!:aadoid leJn-1 •sluawpuawe 941 Jo} paau pamisuowap Jo aseq lenjoe} u�!M aJuopaoaao u� paMainaa puo uoi�ouAJo,�ui cz leo� auu awoJdde pJecl e pap!noJd jou seu jueo!ldde auj se law jou s! leoB s!ul:passe S uawwoo leuo!j!So o lonprif uo pasoq aJo suoisioap gjigm ui ssaooad Suluueld ap!m@IeIS S aul puauawooaJ uaul bu!uua d asn up juaaodsuoij o u!ojuiow o 1 p 1 1 uoBaJ O ul!m Alduaoa 4� �, +uo,A.,�a!I Juea _ __ - - duo lelolpitii-iserib e }o peaisui uope dn!�elsiSal a aq o� AI,31!l aJow s! auoz ;y 1pon acn piie� ?;plc lddeaq, sao- Slut spun pJeoB aul jl •d I aiqua'ue Bu aajje lesodo.ad a Ieul punol puo�>jop10 A4�3 •n uoa® 'pe@ISUI •aaau Aldde lou op 1,, r. Q...� , _ o.._... b+a'�it 3w:•'+3J as a�.vunvsgy P'°u'2 f1ifW e.aaac1[v�ae.i{s ;eil} oui4vu /{y }Udu,puauJe �Xd.j leiJlpnl-lgC'fD zjaw juawaJlnbaJ slut si a 42nOJ41 passaooid aq pjnous uo!l.eoildde aqlleu} suaaouoo ol spuodsaJ }uea!ldde ayl •juawwoo :)!lgnd ao} sall!unlioddo aldwe Sap!AoJd pue }uaJedsueJl se jeuj ssaooJd aAljeos!Sal a g2noJyl pamalAW gu!aq si lesodoJd aq_-sleory.Su!uueld ap!m@IeISJaulo pue'ueld anlsuauaJdwoo'apoD AjunoD sajnyosa( a4110,sUo!SIAo d algea!ldde ul!m saildwoo uogeoljdde auj se law si leoR slut leul slaasse Z)!!WV IDLE •�uala}ap Uo!�eo!ldde pascdead sl pazAleue eaJe �oedwi ag Asa ins os�e s�uauJUJo� •aleos u! aAISua�UI WOW We sall!l!oej aul Auap'law aBeJojs-!uiw gSnoglle'saauap!saj leJnJ aol pasn se saJnseaw uo!le2ap awes aye sazil!ln inuaviaii�annhai ,__ _; ;.. vcn�,�nnsa��u,,,c„nid (��,nr�h�.+n,...cr.... .� ['. .. Q.. ...... _ �--- +; .... •,,,•��•..,�..-y++.,v4v nw+ci�uvNc +v%a aovN dJJy o4.L aiS1% auwutnuu3 auu d4eliudpe s!41 spuIJ pJeoB 04111 •B ap!noJd you saop`pue sJOJJa suleluoo 33S3 sJuealjdde GU -auoz auj ui asn aqj Jot uolloaloJd alenbape ssaappe you saop pue paleaJa sem auoz (WI) ivawa2eueV4 adeospuel s,A}uno •xlJjew uo!sloap auk uagm asn a se paleldwaluoo jou sem a,eao}s-!u!w feu}:passe sluawwoo leuo!l!sop saaads uado puo soaaa auo�siy puo zS leo� Slu; Ul wad! lxau J.IuaJs aAJOISUOJ puo saa.rnosai Ioanjou pajoid of uluueld ap!malelS uk aof paaooad uaui ( law iou aJe sivawaJanbaJ c ,eo-9 aqj mo{, „o j,pnpaal oglpads nan!Ao_1d -1ou a„ne- 11 :S leog asn puei ap!maieis I uoSaJ® ul!m Aldwoo 'law sl juawaimbaJ sluawwoo !euoll!soddo 'JopuJoo oluaos auj 2?uole sall!l!oe} jo uo!}eool aul l!wll jeuj elJallJo uolleo!ldde auk saoa S144 spul} pJeoB a44 A V Sull!s o!l!oads seu lesodoJd aul se juap lIns sl eaJe joedw! aul •aoJnosaJ oluaos auj loaloid of juapigns aJe (suollelpil asn's}uawaJ!nbaJ >loeqlas'spiepuels uslsap) auoz NJ auj tjaua juawaJinbaJ sluff sl jo sluawaimbaJ Mis!xa se 11am se e!aal!Jo asn leuol�.!puoa aye. pue pazA!eue aJam asn mau _aul jo spedwi aul •slsAleue alenbape sap!Aoid 33S3 pa;i!wgns ayj s:Jasse lue:)!IciclV aul '1IIIAJ IIAICI'17A SOSUIOCISOH .r.UOI ......i..fO M..... J-1. �.:. I_ �o�uvbl�o� �auv�{!JVuuV NfAC iieJl�uUO ..... - -.. (_. UOIJOIIJ� jenoJddd alge�iIddd _ 1 ? ,€, eaJd anssi W3 �� V1-171a0000-tZ-L17Z 'ON @nj asn puei lUaWPU@WV IX@i eJOIS-!ui OZ Ann ® UN !SlSe3 Eastside Bend— Hwy 20 Mini -Storage Text Amendment Land Use File No. 247-24-000044-TA Applicable A royal Criterion App pp Applicant and Oppositional Responses Decision Point Issue Area The Applicant asserts the proposal complies with all applicable Comprehensive Plan goals and policies. In particular, the conditional use and the proposed siting criteria provide reasonable parameters on eligible properties and limit impacts on rural character and natural environment. The mini -storage use can provide economic and recreational benefits, as rural property owners will have additional opportunities to store personal recreation equipment. The applicant noted oppositional comments have not provided adequate Is this requirement met? information on why the proposal isn't compliant with Comprehensive Plan policies. Does the application Oppositional comments assert the proposal does not comply with applicable goals and A. If the Board finds this requirement is met, comply with the policies. The proposal is not compatible with the intent of the Comprehensive Plan then proceed to the goals and policies of See the applicant's amended burden of proof and designation of the Rural Residential Exception Area and does not comply with economic development, rural growth, or urban growth management policies. Detailed discussion of next item in this 2 the County's Comprehensive public comments. this topic can be found in the public comments. decision matrix. Plan? The Planning Commission voted 3-2 that the proposal does not comply with the goals and B. If the Board finds this requirement is not policies of the County's Comprehensive Plan. Commissioners spoke to the limited scope of met, deny the the proposed amendment and noted it would create leapfrog -style development and that proposed application. there wasn't a compelling "need" for the amendments. Other Commissioners noted some p ambiguity about this type of use, although the use could provide limited economic development opportunities. Note: the Planning Commission did not review further items as this requirement was not met. Is this requirement met? The Applicant addressed concerns from ODOT and public comments by providing A. If the Board finds this transportation analysis as part of the open record period. The analysis found the requirement is met, Does the application amendment would not have a significant impact on the transportation system, as mini- then proceed to the comply with Oregon Statewide Land Use Goal 12: storage facilities generate fewer trips than other uses allowed in the zone. next item in this 3 Statewide Planning To provide and encourage a safe, convenient, and decision matrix. Goal_12? economic transportation system. Oppositional comments previously expressed concern that this requirement was not met as the applicant had not provided sufficient information in the record. The applicant provided a_ B. If the Board finds this Transportation Rule Analysis with a trip generation estimate. Oppositional comments did requirement is not not note any further objections. met, deny the proposed application. 247-24-000044-TA BOCC Decision Matrix xi.a;ew uoisiaap MOO V-L-bb0000-tZ-LtZ -auoz aqi ui sasn .aa410 yzjm ajgljedwoa pue aleudoadde aq ll!m'psodoad se `asn aqj }j ajenjena of palse Sujaq sj paeoa a41'aaAaMOH •uopeajldde sjyj jo lejuap ao je ;oadde aoj;,,uojaajjaa„ a IOU si luai.i.ialels asodand aqj qjim kmaj !su j jey4 SajOU jjejs- •-uoj}eajjdde pasodoad auoz jej�uapisaa jeana a ao jeja� npuj/le aaawwoo aye Auap `�aua ooi sera asn aql ley pajou saaglo -asn jeuOa!sueaj a aq pino� pue sdul 'asn punt uoq.►n of Saana uaoa,� IOU sl juawaainbaa uojjelaodsuea� o suaaal uj joeduaj mo seen asn aqj ajou none uj aso � I y p l u •auoz OZ-vnvy aq Uoij.1suaaj .jua1D!jja Pura A1Japa0 Ua aol apiAo.Id of pun 'UfJld sjqj spur paeo8 aqljj 9 o asodand aq y�jm �ua�sjsuoa Senn jesodoad aqj �ey� Z-£ pa�on uoissivauao u�uue a Id 41 aAisuagaadwoD aqj Aq .juauldolaAap asua.jLq I I aolalgoj!nsun pajou6►sap spunl asogj jo asn aqj xja�eua uojsjaap s4!un aNeJOIs-jujua ao nH 10 speduaj jensjn aqj off. anp aaeds JOY saanpaooad puu sp.iopuo4s gso�gnjsa of :ApnoD s141 ul uaalj Ixau aqj uado a4aldap pjnonn pue sansjaajaeaeya .2ujjeaado si! ol anp suojjeaado jeanjjnajaSe q}inn aq.j jo sao.Inosa.J pun/ pun aa.jnm 'ain ag416 Xj!lnnb zauoz (0T paaooj o� paaaoad uay�'auoz u@qj aliggedwoauj sj asn ayl •eaae ay�.10 aanjeu leana aqj q�.jm ajgjjeduaoa aaow aae sayaanq aqj aAoadw! pua UJa.jUsaua o.j .'saoanosaa oivaos pun -vnvy) leanjjnopOV (i l a uoZ pue 'sloogas'spunoa9dwea's�jujla JaA'sajgejs asaoH 'Op auoz aqi uj sasn ieuoj�jpuoa loin.jou.joajo.Id pua saJnds uado aA,1dSUOJ O.j :sasn asn aldjljnVy asn aldjllnW aye pue pal�juaaad aagjo Aem aqj uj salA}sapi leana :aoddns IOU soop asn aq.L -auoz a jsal0{ Jo spuaJ jsaJo aAJasuoo of :sasn �alnj�no�a6n aql Jo asodand T }o asodand a44 gjlm uj paQmolle aae Aljsualuj sjgl jo sasn lejaisnpuj ao jejaaawwoa aay}o ON •aanleu le�aisnpul pue awij-.hand jo Palf!SJaAfp J01 bu1uiaajaa�JaauiUaoa aye y�lm ajgj�edtuoa djgi�eQuaoa $I le$oaoao ad3Jel ssi o1 ann Qum ail, i0 la,a t]jeli 1 ICJ Ini �11, �I,IAA A O ___ 1 T r -- 'IT7 rr 7 i lejnw„ all, oaelu jo aae saj¢illae} arteaU�S se II / 1 �+ auljj-jinj of paj!ns.jou punt 1nlnlln JlJb_D I�InT��I%�i// 111�11 IY1111111V +Mva, l.uvuaV aye SpUIl pae08 aye 1j �j auoz aqj jo sasn pasodoad aql y�.jm Iajjjuo� sivawpuawe ay1:passe s�uauauaoa leuol�iso� ;n PUa aAaasaad of .'Oaaa ag416 sao.Jnosai loan4ou aq� jo ixal pasodoad ay} sl Al.padno aqj gjlm PUa Ja.jJnaagJ .jngj g4.1m jUajSISUOJ zjuauaalels -sluawaajnbaa �aeduaj jensjn�.o aaAel aa4ioue sppe auoz (Wy) 4uaw@BeueVy .juawdojaAap bt!T.j!uaaad al!gm AjunciD aqj jo asodand aye 41jm Iu@Isjsuoa adeaspue> s,A�uno3 ayl savoy pup eaado uo suoj�e�jwjl ao's�laeq�as `�ujuaaaas ieuoj�jppe loam snOIJOA10 Ja. Dwrigo la.Jn.r aqj OAjasaad o.j am asn pasodoad s141 sl se q ns =s��eduai a�eaj�jua o� suojI!puoa aijlaads-a�. s jeuoijjppe aajnbaa o� aamajnaa a 4� "� IN""{I"�'d"'° a'II d!u!4l1iw aq.l ju sasocund aq-L smolle ssa:)oad asn leuol}jpuoa aqi •sSujpjjnq ao spays aSeaols 1analsuoa of paolle louue:) ao asodand OTO'Z£'SZ eaae alenbape aneq you op oqm sivapjsaa leana aoj papaau sj @Seaols-lulW -sasn leanjjnouRe aol suopaj.oad anew IOU saop pue auoz aaanosaJ e IOU sl auoz aq,.-sai,staajaeaega Supeaado aeljuajs aneq pue auoz aqj ul pamolle aae suoiInIpsuj snoj,jlaa pue 'sajaeagjl Grano r •^ai 1P, ...,L ...... .. rCl7tltl V 'sloops . PuUary sl,,ops auoz aq+ gzyv, aiq!jedwiw aq pinom asn aq4 4e44 s:aasse lueajlaad a41 �uf® UoisDan � - � --:-:--v I sas-Aftlds-1a ane�ace�a.ae.a.eaea Q.....UE . DUE'-.___.______; _ _ _ . . . ' .....r......w.vcr® axvasJorw.if<,aatv_j ota�iftu,Cld l.%1,1C 1lldGUWCiI JII®ilea `1IyeJ110®F! I — ... --:�- - ��nII»I In Inw�.rlely-............1.�1.. I ...��t;..J �G/\VdMMQ 014cJ'Iuup eaabr anssi H k Vi-i7 7OOOO-fVZ-Lt7 `OBI' @H asn puel IUDWPU@WV lx@i @SeaOI -MZ AMH — pua13 ap!slse3 XIHI W NOI IMa x)m BOARD OF • ' MEETING DATE: October 30, 2024 SUBJECT: Deliberations: Mini -Storage in MUA-10 Zone Adjacent to Hwy 97 RECOMMENDED MOTION: At the conclusion of the meeting, the Board may choose one of the following options: • Move to continue deliberations to a subsequent meeting; or • Move to deny the amendment as proposed; or • Move to approve the amendment as proposed; or • Move to approve the amendment with revisions. BACKGROUND AND POLICY IMPLICATIONS: On October 30, 2024, the Board will conduct deliberations on an applicant -initiated text amendment to allow m ini storage as a conditional use in certain areas of the Multiple Use Agricultural (MUA-10) Zone along Highway 97. The file no. associated with the application is 247-23-000732-TA. All record materials can be found on the project website: www.deschutes.org/Hwy97Storage. BUDGET IMPACTS: None ATTENDANCE: Nicole Mardell, AICP, Senior Planner Will Groves, Planning Manager MEMORANDUM TO: Deschutes County Board of Commissioners ("Board") FROM: Nicole Mardell, AICP, Senior Planner DATE: October 23, 2024 SUBJECT: Deliberations: Mini -Storage in MUA-10 Zone Adjacent to Hwy 97 On October 30, 2024, the Board will conduct deliberations on an applicant -initiated text amendment to allow mini -storage as a conditional use in certain areas of the Multiple Use Agricultural (MUA-10) Zone. The file number associated with the application is 247-23-000732-TA. All record materials can be found on the project website: www.deschutes.org/Hwy97Storage. There is a separate applicant -initiated text amendment to allow mini -storage along Highway 20, which is of associated with this application. PROPOSAL In October 2023, 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 Q. 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 maybe 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 requirements for mini -storage uses (18.128.300) related to screening, parking, and landscaping. 1 The applicant amended their proposal to include this criterion during the Planning Commission review process. I1. BACKGROUND The Post -Acknowledgement Plan Amendment (PAPA) notice to the Department of Land Conservation and Development (DLCD) was sent on April 18, 2024. 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. Staff presented information on the proposed amendments at a Planning Commission work session on June 13, 20242. The Planning Commission had scheduled a public hearing on June 27' although the hearing was continued to July 114 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 85 and voted 4-0 to approve the amendments, adding criteria to exclude properties in urban reserve areas from eligibility. The Board of County Commissioners held a public hearing on September 25, 20246. At the conclusion of the hearing, the Board closed the oral portion of the hearing and left the written record open until October 9, 2024, to solicit comments from City of Bend and City of Redmond planning staff. Each city provided its thoughts on adding criteria related to coordination with cities, including mailed notice and an invitation to a pre -application meeting. The City of Bend expressed support for the additional criteria. The City of Redmond noted the criteria are not necessary, as its urban reserve areas are excluded from eligibility. Two public comments in support of the proposal were also received during the open record period. III. FORMAT FOR DELIBERATIONS The Board will deliberate on the proposed legislative text amendment request. If the Board finds that additional deliberations are necessary, the Board may schedule a future date for continued deliberations. If the Board finds no additional deliberations are necessary, the Board may then vote on the proposal. The deliberations matrix (Attachment D) provides a thorough review of key issues and decision points for discussion. The Board can view the entirety of the record on the project website. V. NEXT STEPS At the conclusion of the meeting, the Board may choose to: • Continue deliberations to a subsequent meeting; or • Vote on whether to approve, deny, or amend the proposal. Attachments: A. Proposed Text Amendments C. Eligible Property Map B. Proposed Finding D. Decision Matrix 2 https://www.deschutes.org/bc-pc/`page/l2lanning-commission-49 3 https://www.deschutes.orgZbc-pc/pageZplanning-commission-52 4 https://www.deschutes.org/bc-pc/page/planning-commission-53 6 https://www.deschutes.orglbc-pc/pageli?lanning-commission-54 6 https //www deschutes org/bcc/page/board-county-commissioners-meeting-195 -2- REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Authorizing the ORS 311.392 Advance of Taxes, Assessments and Charges to Small Tax * ORDER NO. 2024-041 Districts WHEREAS, Robert Tintle, Deschutes County Tax Collector, requested that the Board of County Commissioners authorize the advance from the General Fund the taxes, assessments and other charges levied by taxing districts, and WHEREAS, the advance of these funds is consistent with the treatment of these taxing districts levies in prior years, and WHEREAS, the advance of these taxes, assessments and other charges as provided for by ORS 311.392 is economically justifiable and enhances administrative efficiency, now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. Pursuant to ORS 311.392, the Deschutes County Treasurer is hereby authorized to advance prior to December 1 st, 2024, the discounted (97%) taxes, assessments, and other charges of the following tax districts: PAGE 1 OF 2- ORDER NO.2024-041 (OCTOBER 30, 2024) (DISTRICT ID DISTRICT NAME Distribution % Total Levied 11301 PONDEROSA PI NES EAST SRD LOCAL OPTION 0.000010645239 $ 5,999.91 11300 PONDEROSA PINES EAST ROAD DIST 0.000020418958 11,508.61 10000 BEAVER ROAD DISTRICT 0.000031476209 17,740.74 10900 NEWBERRY ESTATES ROAD DIST LOCAL OPTION 0.000036775276 20,727.42 14500 MANUFACTURED DWELLING ASSESSMENT 0.000045734284 25,776.93 11400 RIVER BEND ESTATES ROAD DISTRICT 0.000047053072 26,520.23 10400 FALL RIVER ESTATES ROAD DISTRICT 0.000047945369 27,023.15 10901 NEWBERRY ESTATES ROAD DISTRICT 0.000047999731 27,053.79 12200 TWO RIVERS SPECIAL ROAD DISTRICT 0.000049207771 27,734.67 11900 SPRING RIVER ROAD DISTRICT 0.000053265336 30,021.61 14300 OREGON WATER WONDERLAND SANITARY 0.000053399096 30,097.00 12300 VANDEVERT ACRES ROAD DISTRICT 0.000054315860 30,613.71 10200 CROOKED RIVER RANCH ROAD DIST 0.000057911130 32,640.09 10600 HOWELL HILLTOP ACRES ROAD DIST 0.000058649672 33,056.35 11200 PINEWOOD COUNTRY ESTATES SRD 0.000061562733 34,698.22 10500 FOREST VIEW ROAD DISTRICT 0.000068360317 38,529.50 10300 DRRH SPECIAL RD DISTRICT UNIT #6 0.000072878969 41,076.32 11100 PANORAMIC ACCESS ROAD DISTRICT 0.000076290270 42,999.01 10700 LAZY RIVER ROAD DISTRICT 0.000087400447 49,260.97 5 bto talc 0.000981289739 $ 553,078.23 u Buyout Percentage Total Payments to Small Districts Dated this of 2024 ATTEST: Recording Secretary 97% $ 536,485.88 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PATTI ADAIR, Chair ANTHONY DEBONE, Vice -Chair PHIL CHANG, Commissioner PAGE 2 OF 2- ORDER NO.2024-041 (OCTOBER 30, 2024) 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, n b i—LLe d 4.i.,..+ to a nlirahle real llatinnc of tha Aarnna�utirt 1975, Shall continue to be per iiiiucu Siiu�c� w any INN"— bu" 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. 0. 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 E. 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 111111979 Amended by Ord. 80-206 §3 on 1011311980 Amended by Ord. 83-033 §2 on 611511983 Amended by Ord. 86-018 §7 on 613011986 Amended by Ord. 90-014 §§27 and 35 on 711211990 Amended by Ord. 91-002 §7 on 21611991 Amended by Ord. 91-005 §§19 and 20 on 31411991 Amended by Ord. 91-020 §1 on 512911991 Amended by Ord. 91-038 §1 on 913011991 Amended by Ord. 92-055 §2 on 811711992 Amended by Ord. 93-043 §§4A and 8 on 812511993 Amended by Ord. 94-008 §11 on 61811994 Amended by Ord. 94-053 §2 on 121711994 Amended by Ord. 96-038 §1 on 611211996 Amended by Ord. 97-017 §2 on 311211997 Amended by Ord. 97-029 §2 on 511411997 Amended by Ord. 97-063 §3 on 1111211997 Amended by Ord. 2001-016 §2 on 312812001 Amended by Ord. 2001-039 §2 on 1211212001 Amended by Ord. 2004-002 §4 on 412812004 Amended by Ord. 2009-018 §1 on 111512009 Amended by Ord. 2015-002 §1 on 71812015 Amended by Ord. 2016-015 §3 on 71112016 Amended by Ord. 2020-001 §4 on 412112020 Amended by Ord. 2021-004 §2 on 512712021 Amended by Ord. 2021-013 §5 on 41512022 Amended by Ord. 2023-001 §4 on 513012023 Attachment B: Applicant Findings t Community Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Sox 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: PLAN MAP AMENDMENT: TEXT AMENDMENT: X FEE: FEE: 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 ANo pplicable State Goal Goals 1-14 Exception Proposed? Yes x 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: V " Date: 10/18/2023 Property Owner's Signature (if different)*: n/a Date: n/a Agent's Name (if applicable Mailing Add ne: ( ) 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: Schwabe, Williamson & Wyatt 360 SW Bond St #500 Bend, OR 97702 ATTORNEY: Kenneth Katzaroff Keenan Ordon-Bakalian Schwabe, Williamson & Wyatt 1420 5th Ave, Suite 3400 Seattle, WA 98101 Phone: 206-405-1985 E-Mail: KKatzaroffkSCHWABE.com E-Mail: Kordon-bakalian(a,)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\136093\280105\7KKA\37503665.5 D. Class I and It 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. 1. 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\37503665 ,5 III. APPLICANT'S RESPONSE TO APPL[CABL E 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\280105\7KKA\3 7503665.5 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\280105\JKKA\3 7503 665.5 B. Any legislative change initiated by the Board Qf 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\37503665.5 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 enviromnent 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\13 6093\280105\JKKA\37503665.5 Goal 2• Land Use Planning Part 1— 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. 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 ): 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-1") 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\136093\280105\JKKA\37503665.5 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. 24 7-23-000 732-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. Vvery truly yours, Keenan Ordon-Bakalian Attorney KOB Attachment CC: Kenneth Katzaroff, Schwabe, Williamson & Wyatt Peter Gutowsky, Deschutes County 1211 SW 5th Ave., Suite 1900 1 Portland, OR 97204 1 M 503-222-9981 1 F 503-796-2900 1 schwabe.com EXHIBIT A Page 1 of 9 APPLICANT'S WRITTEN NARRATIVE TEXT AMENDMENT TO MULTIPLE USE AGRICULTURE ZONE APPLICANT: Schwabe, Williamson & Wyatt 360 SW Bond St #500 Bend, OR 97702 ATTORNEY: Kenneth Katzaroff Keenan Ordon-Bakalian Schwabe, Williamson & Wyatt 1420 51h Ave, Suite 3400 Seattle, WA 98101 Phone: 206-405-1985 E-Mail: KKatzaroff2SCHWABE.com E-Mail: Kordon-bakaliankschwabe.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\3 7503665.6 EXHIBIT A Page 2 of g 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 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 7503665.6 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 snap 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\ 136093\280105VKKA\3 7503665.6 EXHIBIT A Page 4 of 9 2. The notice shall state the time and place of the hearing and contain a, statement describi;i,g 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\ 136093\280105\JKKA\37503665.6 EXHIBIT A Page 5of9 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\l 36093\280105\JKKA\37503665.6 EXHIBIT A Page 6 of 9 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\13 6093\280105UKKA\37503665.6 EXHIBIT A Page 7of9 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.I (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. 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\37503665.6 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 pen -nit 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 ofpublic 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 9 of 9 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 pennitted as a conditional use in the Rural -Industrial ("R-15=) 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 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: Schwabe, Williamson & Wyatt 360 SW Bond St #500 Bend, OR 97702 ATTORNEY: Kenneth Katzaroff Keenan Ordon-Bakalian Schwabe, Williamson & Wyatt 1420 51h 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. L 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 PnV\ 14609321)81105N,j V V\37503665 cPDX\136093\280105\JKKA\37503665.6 EXHIBIT B Page 2 of 11 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. B. 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 tithes 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 high x-ay_tate Highway 97; and 2 — Mini -Storage Text Amendment Application fin �zrnn� �Qn�nc rvT n ��cna��c cPDX\136093\280105UKKA\37503665.6 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\1z609 2901051jKKA 3750366 RDX\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 Plamling 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 PTIV\136093\. 80105\,jKVA\37503665 cpDX\136093\280105\JKKA\37503665.6 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\ 13 6093 \280105\JKKA\3 7503 66 5.6 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 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 sta4e 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 PDX4 3 6093Q80 1 l 5VK A 375036/c cpDX\I 36093\280105\JKKA\37503665.6 EXIiIBIT B page .g of 11 E. STATEWIDE PLA'1''NING 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.I (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 PD—X\1360930901,05\RdT.A 37503665cPDX\136093\280105\JICKA\37503665.6 ICE: XHIBET S 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 Subiect 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 PT)X\4 3609312801054KK4�37503665 SPDX\t36093\280105\7KKA\37503665.6 EXHIBIT B Page 9 of I 1 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 ofpublic 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 I 1 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 statehighwa• 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 of cient 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 PDVA160930-901.05 K4r 37503665 cpDX\136093\280105\7KKA\37503665.6 EXHIBIT B Page 10 of '11 state hi—hwaysState 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 nnv\1360o3\901Q5VKY_ \37503665 cPDX\136093\280105\JICKA\37503665.6 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/ dx/37503665/5 Modified DMS: iw://PDX-MIDDLE/ dx/37503665/6 Changes: Add 6 6 om 0 Move To 0 Table Insert 0 pb Tz uvicvole-, 0 Table moves to 0 Table f R F«.,.V, 0 Embedded Graphics Visio, ChemDraw, Images etc. 0 Embedded Excel 0 Format changes 0 Total Changes: 12 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: 2o6-405-1985 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 1 Seattle, WA 981ol I M 206-622-1711 1 F 2o6-292-046o I schwabe.com 136093\280105\45579857.vl Nicole Mardell May 2, 2024 Sincerely, SCHWABE, WILLIAMSON & WYATT, P.C. Kenneth Katzaroff JKKA: aks 1420 5th Avenue, Suite 3400 1 Seattle, WA 98101 I M 206-622-1711 I F 2o6-292-0460 I schwabe.com Page 2 136093\280105\45579857.v1 i= (HIBIT A Page 1 of 6 ESEE Analysis for Text Aineadment 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. Importantly, the LM zone does not generally limit uses, it 13 6093\280105\45 578042. v4 EX.IiIBIT A Page 2 of 6 effectively provides a set of design-Ve.view 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 Hwy 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 13 6093\280105\45 578042 A EXHIBIT A Page 4 of 6 The proposed new mini -storage use within tree 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. e 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: E 136093\280105\45578042A 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 136093\280105\45578042A EXHIBIT A Page 6 of 6 opportunity for mini -storage to be constructed in closer proxiiristy 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 247-23-000732-TA y`'`'`s`°G 4 C Hiahwav 97 Mini -storage Text Amendments "'' 1 47 23-000732-TA o� Hiahwav 97 Mini -storage Text Amendments 2 7-23-q 4732-T c =700' Highway 97 Mini -Storage Text Amendments '""�✓ BOCC DECISION MATRIX Schwabe — Hwy 97 Mini -Storage Text Amendment Land Use File No. 247-23-000732-TA 1, Issue Area Applicable Approval Criterion A licant and pp Oppositional Responses Decision Point 18.32.010 Purpose The Applicant asserts that the use would allow for the storage of RVs, tractors, and other equipment, The purposes of the Multiple Use Agricultural which provides a helpful transition between the urban and rural environment. It is not an expansion of (MUA-10) Zone are to preserve the rural urban uses on rural lands. More intensive commercial and industrial uses —such as crushing or Is this proposed use character of various areas of the County while processing of minerals, landfill sites, bed and breakfasts, public parks, campgrounds, and churches are consistent with the purpose permitting development consistent with that already allowed in the zone. Gravel can be utilized as an all-weather surface, which will limit the paving statement? character and with the capacity of the natural and visibility impacts of mini -storage development. Is the proposed Text resources of the area; to preserve and maintain A. If the Board finds the Amendment Amendment agricultural lands not suited to full-time Oppositional comments assert the amendments conflict with the proposed uses of the zone as storage p p g proposal is compatible compatiblef with the commercial farming g for diversified or part-time facilities are out of place with the "rural character" of the zone due to its large and industrial nature. with the purpose of 1 purpose of the Agricultural uses; to conserve forest lands for No other commercial or industrial uses of this intensity are allowed in the zone. The use does not the Multiple Use Multiple p forest uses; to conserve open spaces and support rural lifestyles in the way other permitted and conditional uses in the zone do. The use is Agricultural (MUA-10) Agricultural MUA- g ( protect natural and scenic resources; to incompatible with agricultural operations due to its operating characteristics and would deplete open Zone, then proceed to ? 10) Zone. maintain and improve the quality of the air, space due to the visual impacts of RV or mini -storage units. Additionally, the use is not needed for the next item in this water, and land resources of the County; to rural properties as the acreage is typically sufficient for the storage of personal items and equipment. decision matrix. establish standards and procedures for the use es those lands designated unsuitable for Supportive comments note the proposed use would be a safe and convenient storage option, reducing B. If the Board finds this intense development by the Comprehensive residential clutter on properties without impacting views. '` requirement is not Plan, and to provide for an orderly and efficient met, deny the transition from rural to urban land use. Staff notes that consistency with. the purpose statement is not a criterion for approval or denial of proposed application. this application. However, the Board is being asked to evaluate if the use, as proposed, will be appropriate and compatible with other uses in the zone. The Applicant asserts the proposal complies with all applicable Comprehensive Plan goals and policies. In responding to the oppositional comments, the applicant notes there are other uses in the zone that Is this requirement met? are commercial or industrial in nature, so the proposal is not in conflict with Chapter 1. The proposal is Does the application not in conflict with Chapter 3, as the use promotes economic initiatives, and the code allows for new A. If the Board finds this comply with the uses to be added to the zone. In fact, the zone has been updated many times since its creation to requirement is met, goals and policies of update uses and development standards. The conditional use criteria allow for housing and caretaking then proceed to the 2 the County's See the applicant's amended burden of proof on the same site, which is consistent with the home business model cited in the policies. Lastly, urban next item in this Comprehensive and public comments. growth management goals in Chapter 4 are supported, as the updated proposal carves out urban decision matrix. Plan? reserve areas (URAs) and is allowed in other rural areas of the county. Oppositional comments assert the proposal does not comply with applicable goals and policies. The B. If the Board finds this requirement is not proposal is not compatible with the intent of the Comprehensive Plan designation of the Rural met, deny the Residential Exception Area and does not comply with economic development, rural growth, or urban proposed application growth management policies. Detailed discussion of this topic can be found in the public comments. 247-23-000732-TA BOCC Decision Matrix XIIIeVV uolsloaa DD08 Vi-Z£L000-£Z-LbZ uoileoildde pasodoad •iopiaaoo aailua aqj Suole oilgnd SuilaAeJj aqj ol aoanosa.i aqj aqj Auap 'haw jo anlen aqj apeiSap Minn saililioej a2leaols-iuiva aqj }o, spedwi aqj se luaiailap sl pazA1eue jou si juawaainbaa eaae pedwi aqj }saBSns osle sluawwoD •aieos ui,anisuaj.ui WOW We sallilioe} aSeau4s siga spull paeoa aqj1l .9 -iuiw gOnoqjle'saouapisaa leani aol pasn sesaanseaua uoileoiliva awes aqj sazililn 1! se aoarosai aqj loaload Alalenbape 4ou saop 3353 aqj -asn aqj auiligigojd ju -dumwij rtta11Mu11e •saoods uado pur) soa.ID 3!.104sry puo 4S IeOD •xia}ew uoisloap 10 saouanbasuoo ASaaua pue 'leIuauauoainua'leioos'oivaouooa aql jo sisAleue alenbape ofuaas anaasuoo pua sa3fnosaa loan4ou �oajoad of Suiuueld apinnale S ti sigj ui waii }xau apinoid you saop pue saoaaa sulel.uoo 3353 s ju,eoildde aql passe sluawwoo leuoijiso p :S leo� asn pue l apinna�e}S uoSaao glinn Alduaoo aqj of paaooad uagl uoileoildde aqj sao(i 'law si juawaainbaa •aoanosaa aqj pajoid AlluapilIns (linn'auoz ivauaaSeueVq siql spui} paeoJ3aqj }l .V adeospue-1 aqj }o sluawaiinbai aql glinn uoileuigwoo ui 'ssaaoad Malnaa ueld ails pue asn •, ,""^•,^ asn aaa�� asn An nainaun caniarinid ai(llr�lia a-1 .1 paZAleUe aaaM asn mau zjaw juawaainbaa sigl sl aqj jo,spedwi aqj -sisAleue alenbape sapinoad 3353 pa}livagns aqj s:aasse lueosi d aqj •uoileoiidde pasodoad c�innpafnn ialnlnl Aue alms jou aql nuap •Jaua ;.� - • •7 • _ -_- jou si juawaainbaa I pip sluawwoa leuoilisoddo •alewilsa uoileaauaB dial a ql!m sisAleuv alnU uoileliodsueal siql spun paeog agj1l .a a papinoad jueoildde aqI •piooaa aq} ul uoilewao}ui juapi}}ns papinoad jou peq lueaildde aqj se law you seen juauaaimbai sigj legl uaaouoo passaadxa Alsnoinaad sjuawwoo leuoiliso p •uaais& uo►�ol.fodsua.f.� oiwouooa LZt leOD •xiajew uoisioap pua 'alas n aboinoaua pua apinoid of Suluueld apiMalelS ( £ sigj ui wa+i ixau pa;.dope Senn T�uaLLin�uawe ixal aqi ji paiinbaa aq pinom siivaaad ssaaae Aennusiu _ -� � , w,� ,,,,�,, „ .an A�r!°u.^.: z � jeog aS i pUe oNilv,a+c}, vvuva'lj' a�'{;,r. ..iu aqj of paaooad uaqj legs si sisAleue aqj off. asuodsaa Aluo s,lp®®'alep of •auoz aqj ui pamolle sasn aagjo, uoileoildde aqj saoo ,law si juawaainbaa uegj sdiai aama} aieaauaS sal}illaej aBeaoIs-luiva se'walsAs uoilelaodsueji aqj uo pedwi' sigl spun paeog aql }l -9 j.ueoojtu,is a aneq jou pinom juawpuawe aqj punol sisAleue aqj -sisAleue uoilelaodsueal ;quip noad Aq sjuawwoo:ilgnd pue 1000 woad suaaz)uoo passaippe �ue�dV aql zjaw juauaaainbaa sigl sl ____tea_ aaeuom-esae.m a"Ao%O � AUI u2�teet�s�a.s pal!$ �l1CC1 .....OU QauinriCa11 u ipti rtmoddn pue iuejiiu'dw I rxvoav{�.�,J jQ'%0Aaxaxy 3-jge.+. dd <---- ` I-ZUOOGo EZ-1-17Z °OIPmI ZIL-11 as-n pue- ' Juawpuawv lxaj, @Sejol -auiVM L6 MH — agenn� S Schwabe — Hwy 97 Mini -`Storage Text Amendment Land Use File No.'247-23-000732-TA x Issue Area Applicable Approval Criterion Applicant and Oppositional Responses Decision Point The Applicant asserts that "need" is not a requirement or applicable criteria of the County Is this requirement met? Code or Oregon Law. The applicant believes there is strong market demand, which is why the text amendment was proposed. The zone contains existing commercial and industrial A. If the Board finds this State Land Use Goal 2: uses, and the County already allows the use in other rural zones. requirement is met, Does the application To maintain a transparent land use planning then recommend the 5 comply with Oregon process in which decisions are based on factual Oppositional comments assert this goal is not met as the applicant has not provided a Board approve the Statewide Planning information and reviewed in accordance with factual base or demonstrated need for the amendments. Rural properties in the MUA-10 application. Goal 2? implementing ordinances. zone are subject to 10-minimum acre lot sizes, which would provide adequate space on individual lots for storage of possessions including RVs or outside storage. There isn't B. If the Board finds this sufficient evidence in the record to determine if there is demand for the use in these requirement is not particular areas compared to cities. Additionally, commercial and industrial uses of this scale met, deny the were intentionally not permitted when the zone was created. proposed application. The Applicant asserts the mini -storage use will not convert rural lands to urban uses. The Is this requirement met? conditional use requirements and proximity to UGBs will promote reasonable development A. If the Board finds this and not limit future UGB expansion onto these lands. The applicant proposed an additional criteria to exclude properties in urban reserve areas to address concerns regarding impacts requirement is met, to urbanization. The applicant also noted during the hearing that they were open to a new then proceed to the coordination criteria to proactively coordinate with cities as part of the land use process, if next item in this the text amendment were to move forward. decision matrix. Does the application Statewide Land Use Goal 14: The applicant finds the Shaffer test from Shaffer v. Jackson County is met and the use is B. If the Board finds this requirement is not comply with Oregon To provide for an orderly and efficient transition rural. Additionally, the Friends of Yamhill County vs. Yamhill County does not apply to this met, then recommend 6 Statewide Planning from rural to urban land use, to accommodate case, as the facts are quite different. the Board deny the Goal 14? urban population and urban employment inside application. urban growth boundaries, to ensure efficient use of Oppositional comments assert the heightened intensity of the use requires goal exceptions land, and to provide for livable communities. to Statewide Land Use Goals 14. Comments cite case law from Yamhill County, which determined a rezoning to allow mini storage between UGBs violated Goal 14. Additionally, C. Amend proposal the Shaffer test is not met, and the use is therefore urban in nature. :Last, the uses allowed include additional in the MUA-10 zone are limited to the uses for which a`goal exception was originally criteria requiring prior taken.MUA-10 properties are subject to an exception to Goal 3 and/or Goal 4. The goal notice and invitation exceptions were taken when the property was originally designated as rural residential. As to a the mini -storage use was not contemplated when theoriginal exception was taken, the use meeeting meeting msent to was not properly reviewed. As such an additional goal exception process is necessary. i c adjacent cities as part (continued on next page) of the County land use proceedings. 247-23-000732-TA BOCC Decision Matrix XIJIeW uoisPad 3DOG Vi-Z£L000-£Z-LVZ ti .aledpped Alalll Aayl p1nom aou '/Gessa:)au a.ie eiaal!j:) uoi}euip:iooz) leuoil!ppe juiy} IOU op Aagl a.iolaiagl lea.iy amasall uegjn pue ' epunoe glmo,ig uegjn puowpaa aqi o apislno slz)aivad uo uoii3ipsijnf aney IOU op Aa41 Suilou paoJaa ayj OJUI sjuauauaoo papinoid puouapaa 10Al!:) ayl; n4i5 4ua3eipe ayj of al!nul ue;Suipniaui 'iell!wgns uoileoiidde of joiJd 2uiiaam uoileoildde-aad a aiinba;I uoipas s!ql aapun sluawdolanap a7e!OIS-iuiva JOI nIl:) Iua3eipe of ivas aq uoile3iidde to a:)ilou ajinb@U • -juawpuawe Ixal aye. Buipiegai suiaouoa Aue aney IOU pip pue Molaq pa}ou se'uoileuipaooa of palelai e.iaipo leuoiz!ppe 10 anllepaidde aq pinom Rays. Suilou pioja.i ayj olui s}uauauao:) papinoid puaq 10 j!D ayl