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2025-320-Minutes for Meeting August 27,2025 Recorded 9/30/2025�vTES CO o1 " ` G2{ f BOARD OF •, I COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541 ) 388-6570 9:00 AM Recorded in Deschutes County C'=J2025-320 Steve Dennison, County Clerk Commissioners' Journal 09/30/2025 11:40:39 AM 2025-320 FOR RECORDING STAMP ONLY BOCC MEETING MINUTES WEDNESDAY August 27, 2025 Barnes Sawyer Rooms Live Streamed Video Present were Commissioners Anthony DeBone, Patti Adair and Phil Chang. Also present were County Administrator Nick Lelack; County Counsel David Doyle; and BOCC Executive Assistant Brenda Fritsvold. This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website www.deschutes.org/meetinZ-. CALL TO ORDER: Chair DeBone called the meeting to order at 9:00 am. PLEDGE OF ALLEGIANCE CITIZEN INPUT: None COMMISSIONER ANNOUNCEMENTS: Commissioner DeBone reported that the first session of the 2025 County College program took place last night. Saying her home remained at Level 3 evacuation status due to the continued threat from the Flat Fire which is burning northeast of Sisters, Commissioner Adair extended gratitude to all of the first responders who are fighting the fire and urged property owners to remove juniper trees which are highly susceptible to burning. BOCC MEETING AUGUST 27, 2025 PAGE 1 OF 10 Commissioner Chang referred to speculation that the Flat Fire originated from a homeless encampment and said no such encampment exists in Jefferson County, where the fire started. He said while many people may live in RVs or mobile homes on their property or where they have permission to stay on someone else's property, such situations do not constitute homelessness but rather rural poverty. He disclosed that a sergeant at the Jefferson County Sheriffs Office confirmed that this fire did not start at a homeless encampment. Commissioner Adair said last year, the City of Bend documented over 80 fires which were started by transients. CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda. Approval of Document No. 2025-864, a revised intergovernmental agreement with the Oregon Department of Human Services for the funding of Developmental Disabilities Services 2. Approval of a Purchase Agreement, Dedication Deed, and Temporary Construction Easement from MHC TT, LP for Right of Way for the South Century Drive/Huntington Road Intersection Improvement Project 3. Approval of an Intergovernmental Agreement with the Oregon Youth Authority accepting funding for juvenile Crime Basic and Diversion Services 4. Consideration of Board Signature on letter appointing Sally Compton for service on the Wolf Depredation and Financial Assistance Compensation Cornrnittee 5. Consideration of Board Signature on letter appointing Carolyn Huddleston for service on the Historic Landmarks Commission 6. Approval of the minutes of the BOCC meetings of July 29 and August 4, 2025 ADAIR: Move Board approval of the Consent Agenda as amended to correct one portion of the August 4, 2025 minutes CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 3 - 0 ACTION ITEMS: 7. Veteran Behavioral Health Peer Support Specialist grant from the Oregon BOCC MEETING AUGUST 27, 2025 PAGE 2 OF 10 8. Health Authority and request to add a limited duration1.0 FTE Behavioral Health Specialist I position Kristin Mozzochi, Behavioral Health Program Manager, explained the grant offered by the Oregon Health Authority to support the County's provision of enhanced support services to veterans. Saying that this program has connected with nearly 100 veterans during the current one-year grant cycle, Mozzochi said while the program has helped veterans connect to resources for housing, employment, social connections, and medical and mental health services, it has also experienced challenges in trying to meet the needs of its clients as the needed resources are limited. In response to Commissioners Adair and Chang, Mozzochi confirmed that the person in this position does reach out to residents of Veterans Village and Veterans Ranch. Mozzochi added that the person in this position has a current caseload of 76, which is higher than that of other case managers. ADAIR: Move to authorize the acceptance of a Veteran Behavioral Health Peer Support Specialist grant from the Oregon Health Authority CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 3 - 0 CHANG: Move approval of the request to add a limited duration 1.0 FTE Behavioral Health Specialist I ADAIR: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 3 - 0 Public Hearing: Dark Skies Text Amendments Tanya Saltzman, Senior Planner, reviewed the procedures for the hearing. The public hearing was opened at 9:21 am. Saltzman explained the impetus for the amendments, referring to efforts to preserve the view of the night sky as both a natural and an economic resource and saying that the City of Sisters is now a certified Dark Sky community as are other areas in Oregon. She reviewed the background of the proposed changes to the BOCC MEETING AUGUST 27, 2025 PAGE 3 OF 10 outdoor lighting section of the County's Code, noting that the current regulations were adopted in 1994 and saying that the proposed amendments include simplified rules and updated definitions. One change would require that string lights be turned off by 11 pm or, in the case of a commercial operation, at the close of business. Saltzman next reviewed the process undertaken by the Planning Commission to consider the amendments, noting in particular discussions regarding the definition of "light trespass" and the question of whether to restrict holiday lights outside of a certain time period. In response to Commissioner Adair, Saltzman confirmed that the Code would continue to allow illuminating the American flag when flown out of doors. • Bill Kowalik, chair of Dark Sky Oregon, expressed strong support for the proposed changes and further encouraged the County to work towards certification as a Dark Sky community as both Sisters and Sunriver have achieved. He listed benefits of attaining this certification, including attracting visitors who want to experience a dark night sky and be able to view the Milky Way. • Chris Hill suggested more changes beyond those in the proposed amendments such as requirements that new lighting be inspected and the number of lumens allowed be limited in addition to limits on when signs can be illuminated. He advocated for a plan to retrofit non -compliant lighting. Discussion ensued of the additional measures sought by Dark Sky Oregon beyond the proposed amendments to County Code. • Gale Brown objected to the brightness and glare of outdoor LED lighting at Oak Harbor Freights by Sawyer Park, which is near her residence. Saying the lighting is akin to that of a sports field, she described its negative effects and urged the Board to address this matter. Commissioner Chang noted that Oak Harbor Freights is located within the City of Bend, which has jurisdiction over outdoor commercial lighting. • Courtney Braun, co-owner of Wanderlust Tours, said many visitors to Central Oregon cannot view the Milky Way where they live. She spoke to the importance of protecting the view of the night sky. Responding to Commissioner Adair, Saltzman said motion sensor lights must also be shielded. BOCC MEETING AUGUST 27, 2025 PAGE 4 OF 10 There being no one else who wished to speak, the public hearing was closed at 10:03 am. The Board subsequently agreed to proceed to deliberations. Commissioner DeBone referred to the enthusiasm by many people to protect dark skies and thanked the Planning Commission for its work on these amendments. Commissioner Adair reminded that in extreme weather situations such as a heavy snow storm, outdoor lighting can help people get their bearings. Following discussion, it was decided to allow holiday lights from the day after Thanksgiving to January 15t" along with an additional 14 discretionary days outside of the winter holiday season. Discussion ensued of the County's established process for addressing Code enforcement complaints in general, the role that education will play in sharing information about the changes to the outdoor lighting regulations, the possible pursuit of certification as a Dark Sky community, and the role of building inspectors in ensuring that outdoor lighting fixtures conform to Code. Commissioner Chang stated his support for aspiring to work towards becoming certified as a Dark Sky community. He further supported educating the community about best practices with respect to outdoor lighting. In response to Commissioner Adair, Peter Gutowsky, Community Development Director, confirmed that CDD prioritizes its building and Code enforcement efforts to address imminent risks to safety. Commissioner DeBone referred to the advocacy of the tourism industry for dark sky regulations and stated his support for proceeding with these amendments as presented. The Board was in consensus to direct staff to convene a panel of advocates for Dark Sky certification to discuss efforts and roles for moving the necessary public outreach and education efforts forward. Following discussion, Saltzman said she will return at a future meeting with an ordinance implementing the Code changes for the Board's consideration. She confirmed that in accordance with direction from a majority of the Commissioners, the draft ordinance will not include the aspirational goal for certification as a Dark Sky community. BOCC MEETING AUGUST 27, 2025 PAGE 5 OF 10 Chair DeBone added that the Board concurs with the recommendation of the Planning Commission to allow property owners three years to achieve compliance with the changed regulations. A break was announced at 10:39 am. The meeting resumed at 10:45 am. 9. Second Reading of Ordinance No. 2025-007: Reconsideration of the Deschutes County 2040 Comprehensive Plan Update Nicole Miller, Senior Planner, reviewed the background of this matter and previous Board actions, including first reading of this ordinance on June 25th. Commissioner Adair commented that there are 250,000 privately owned acres zoned Exclusive Farm Use (EFU) in Deschutes County. Saying that the process undertaken to update the County's Comprehensive Plan was marred because the input of the community has been ignored, Commissioner Chang asked that a guest column written by him and published in the Bend Bulletin last Friday be entered into the record. He submitted a copy of the column in which he stated his objections that the 2040 Comprehensive Plan as drafted encourages more destination resort housing and luxury rural residences, which are not needed, as opposed to needed workforce housing. Commissioner DeBone said in the early 1970s, the City of Napa, California imposed land use restrictions which had the effect of immediately doubling housing prices. He said restricting land use options in Deschutes County could cause land prices to rise, making housing more expensive and also negatively impacting farmers. Commissioner Chang said because more than 4,000 vacant, buildable rural residential lots are already available for new housing, no additional resource land needs to be rezoned for this purpose, especially as the projected population growth of the unincorporated areas is just 5,000 people over the next 20 years. Commissioner DeBone referred to former land use decisions including the Black Butte Ranch and Tollgate developments and also to past legislative efforts to address Oregon's land use decisions. He stated his high comfort level with the Comprehensive Plan update as drafted. Saying that many farmers have figured out how to amend soil and extend the growing season, and many ranchers are also having success in hay production, Commissioner Chang objected that rezoning EFU land drives up its price, which negatively affects those who want to farm. BOCC MEETING AUGUST 27, 2025 PAGE 6 OF 10 Commissioner DeBone said South Deschutes County needs paved roads and groundwater protection in the form of sanitary sewer, together which could transform an already -platted area into an attractive residential area. Discussion ensued regarding comments submitted regarding the Comprehensive Plan update as well as input received outside of the formal process. ADAIR: Move approval of second reading of Ordinance No. 2025-007 by title only DEBONE: Second VOTE: ADAIR: Yes CHANG: No DEBONE: Chair votes yes. Motion Carried 2 - 1 10. Chair DeBone read the title of the ordinance into the record. ADAIR: Move adoption of Ordinance No. 2025-007 superseding Ordinance 2024-007 and amending Title 23, the Deschutes County Comprehensive Plan, to incorporate revisions resulting from the Deschutes County 2040 Update Process DEBONE: Second VOTE: ADAI R: Yes CHANG: No DEBONE: Chair votes yes. Motion Carried 2 - 1 Mardell said if the ordinance is not appealed, it will take effect 90 days from today. Deliberations: Cascades Academy Plan Amendment and Zone Change involving approximately 22.5 acres south of Tumalo and west of Highway 20 Nicole Miller, Senior Planner, described the application for a rezone of approximately 22.5 acres south of Tumalo and west of Highway 20 from Exclusive Farm Use - Tumalo/ Redmond/ Bend subzone (EFU-TRB) and Surface Mining (SM) to Multiple Use Agricultural (MUA-10) and presented a matrix of decisions for the Board's consideration. Before proceeding with the decision matrix, Mardell explained that the applicant raised a procedural objection in its final legal argument alleging that Central Oregon Landwatch (COLW) had raised new evidence in its rebuttal testimony in violation of the parameters of the open record period. The applicant has requested that the Board reject this testimony and remove it from consideration in making the final BOCC MEETING AUGUST 27, 2025 PAGE 7 OF 10 decision on the application. County legal staff has reviewed the testimony and agrees that COLW raised new evidence. Referring to the information provided on the soil analysis of the property, Commissioner Chang said because it was his understanding that some water rights are still attached to this property, he wanted to know how the quality of the soils would change if irrigated. Mardell referred to information in the record on this subject and offered to provide more information at a future date. The Board proceeded to address the questions contained in the decision matrix. Should the evidence submitted by Central Oregon LanclWatch during the rebuttal open record period be considered in the Board's decision -making process? A majority of the Board was in consensus to not consider this evidence as it was received past the deadline for new written evidence. 2. Can the Surface Mine Zone be changed for the subject properties? A majority of the Board was in consensus that the Surface Mine Zone can be changed for the subject properties. 3. Is the property in violation of previous land use approval and therefore subject to Deschutes County Code 22.20.015(A)(2)? A majority of the Board was in consensus that the property is not in violation of previous land use approval and therefore is not subject to Deschutes County Code 22.20.015(A)(2). 4. Does the property qualify as "Agricultural Land," being predominantly Class I -VI soils? A majority of the Board was in consensus that the property does not qualify as "Agricultural Land," being predominantly Class I -VI soils. S. Is the subject property suitable for Farm Use? A majority of the Board was in consensus that the subject property is not suitable for Farm Use. 6. Is the subject property's EFU zoning necessary to permit farm practices on adjoining property? BOCC MEETING AUGUST 27, 2025 PAGE 8 OF 10 A majority of the Board was in consensus that the subject property's EFU zoning is not necessary to permit farm practices on adjoining property. 7. Will the PA/ZC result in urbanization such that an exception to Goal 14 is required? A majority of the Board was in consensus that the PA/ZC will not result in urbanization such that an exception to Goal 14 is required. Will the proposed change to MUA-10 result in new uses that would conflict with the Goal 5 resources on the property or associated scenic corridors? A majority of the Board was in consensus that the proposed change to MUA- 10 will not result in new uses that would conflict with the Goal 5 resources on the property or associated scenic corridors. Is the ESEE analysis sufficient to demonstrate compliance with Statewide Planning Goal 5? A majority of the Board was in consensus that the ESEE analysis is sufficient to demonstrate compliance with Statewide Planning Goal 5. Expressing concern that rezoning this property to MUA-10 would create opportunities to develop all or part of it for housing, Commissioner Chang asked if the County could require the property owner to commit that the property would be used for school facilities only. Stephanie Marshall, Senior Assistant Legal Counsel, said placing a restriction such as this on a property could be construed as creating a new zone. Additionally, the application as advertised for public input did not include any such commitment or requirement. ADAIR: Move approval of the application from Cascades Academy to rezone approximately 22.5 acres south of Tumalo and west of Highway 20 from Exclusive Farm Use - Tumalo/ Redmond/ Bend subzone (EFU-TRB) and Surface Mining (SM) to Multiple Use Agricultural (MUA-10) DEBONE: Second VOTE: ADAI R: CHANG: DEBONE: Yes No Chair votes yes. Motion Carried 2 - 1 BOCC MEETING AUGUST 27, 2025 PAGE 9 OF 10 The Commissioners expressed their appreciation of and support for Cascades Academy, which benefits many youth and their families. OTHER ITEMS: Commissioner Chang spoke to the Flat Fire which is currently burning northeast of Sisters and relayed the concern that an unstable, low-pressure system might produce thunderstorm activity and winds up to 30 mph which could carry embers up to a mile. Commissioner DeBone shared that he will be interviewed on KBND tomorrow morning. EXECUTIVE SESSION: At 12: 12 pm, the Board entered Executive Session under ORS 192.660 (2) (h) Litigation. The Board exited Executive Session at 12:26 pm and instructed staff to proceed as directed. ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 12:26 pm. DATED this Day of _ 2025 for the Deschutes County Board of Commissioners. ATTEST: RECORDING SECRETARY ANTHONY DEBONE, CHAIR D 1) 0 i PATTI ADAIR, VICE CHAIR PHIL CHANG, COMMISSIONER BOCC MEETING AUGUST 27, 2025 PAGE 10 OF 10 ES C,0& BOARD OF "'�./" COMMISSIONERS MEETING DATE: August 27, 2025 SUBJECT: Veteran Behavioral Health Peer Support Specialist grant from the Oregon Health Authority and request to add a limited duration1.0 FTE BH Specialist I position RECOMMENDED MOTIONS: 1. Move to authorize the acceptance of a Veteran Behavioral Health Peer Support Specialist grant from the Oregon Health Authority. 2. Move approval of the request to add a limited duration 1.0 FTE BH Specialist I. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County has a military service veteran population of just under 14,000. While there are Veterans Affairs (VA) services and other supports available to veterans, there are often significant barriers to accessing these resources and many veterans are in need of higher levels of support. Oregon's veteran suicide rate is higher than the national average, and veterans with co-occurring mental health and substance use disorders are at an even greater risk of suicide than those without these disorders. The Oregon Health Authority Veteran Peer Support Specialist grant provides funding to support a 1.0 full time equivalent (FTE) Veteran Behavioral Health Peer Support Specialist (VBHPSS), with minimal additional funding allocated to a .05 FTE Peer Support Specialist Lead who provides peer supervision to the VBHPSS as well as to other peers in the County's Behavioral Health programs, and 0.15 FTE Clinical Supervisor who oversees the clinical work of the VBHPSS. The work of the County's VBHPSS has demonstrated the significant needs and complexities of this population. The program has connected with nearly 100 veterans during the current one-year grant cycle and has experienced challenges in trying to meet their needs with available resources. This program has helped veterans connect to resources for housing, employment, social connections, and medical and mental health services (including mental health and co-occurring substance use treatment services). It has also aided veterans in navigating various systems such as the VA and justice system. The intensity of the work combined with the level of need in our community has made it challenging for the VBHPSS to fully meet the needs of the veterans served. Many of the veterans need more support than current staffing can provide. Furthermore, community partners serving veterans are requesting support to help those they serve navigate difficult situations related to mental health or substance use symptoms. A multidisciplinary team with the capacity to provide community -based outreach would improve engagement in treatment. The original goals of the VBHPSS grant are focused on outreach and engagement, and supporting veterans to access needed services and resources. Many of the veterans encountered need more support than what a peer support specialist can provide. An ideal service model would include the addition of a Behavioral Health Specialist (BHS) to serve as a dedicated veteran therapist and case manager. This team -based approach would also provide the additional support necessary for sustaining the VBHPSS position. In April 2025, Deschutes County Health Services approached the Oregon Health Authority to explore the possible opportunity of expanding the County's VBHPSS grant to enhance the program's ability to serve veterans. OHA has approved approximately $213,000 in additional funding to support a new limited duration BHS I for eighteen months and 15% indirect costs. Health Services seeks approval from the Board to accept this additional grant funding and also to add a limited duration 1.0 FTE BHS I. If approved, an intergovernmental agreement, and FTE and budget resolutions will be forthcoming. BUDGET IMPACTS: Approximately $450,000 revenue anticipated for the eighteen -month period beginning September 1, 2025, of which $213,000 is the proposed new funding. ATTENDANCE: Kristin Mozzochi, BH Program Manager BOARD OF COMMISSIONERS MEETING DATE: August 27, 2025 SUBJECT: Public Hearing: Dark Skies Text Amendments RECOMMENDED MOTION: At the conclusion of the public hearing, the Board may: • Continue the hearing to a date certain; • Close the hearing and leave the written record open to a date certain; • Close the hearing and set a date for deliberations; or • Close the hearing and commence deliberations. BACKGROUND AND POLICY IMPLICATIONS: The Deschutes Board of County Commissioners (Board) will conduct a public hearing on to consider text amendments to update Deschutes County Code (DCC) Chapter 15.10, Outdoor Lighting Control (File no. 247-25-000377-TA). BUDGET IMPACTS: None ATTENDANCE: Tanya Saltzman, Senior Planner MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Tanya Saltzman, Senior Planner Will Groves, Planning Manager DATE: August 20, 2025 SUBJECT: Public Hearing: Dark Skies Text Amendments The Deschutes Board of County Commissioners (Board) will conduct a public hearing on August 27, 2025 to consider text amendments to update Deschutes County Code (DCC) Chapter 15.10, Outdoor Lighting Control (File no. 247-25-000377-TA). Attached to this memorandum are the proposed text amendments and a staff report summarizing the changes. Within the proposed amendments, added language is shown underlined and deleted shown as strikethro g.1 . The public hearing will be conducted in - person, electronically, and by phone.' All record materials can be found on the project website: https://bit.ly/DeschutesDarkSkies I. BACKGROUND Since November 2021, both the Board and Planning Commission have expressed support for updating DCC Chapter 15.10, Outdoor Lighting Control. In February 2022, the Planning Commission convened an 8-person panel reflecting varying perspectives related to dark skies and outdoor lighting. The panel discussed the importance of dark sky best practices and the increase in light pollution in the region from approximately 2012-2020. In April 2022, the Board directed staff to pursue dark skies best practices and potential goals and policies as part of the Deschutes County 2040 Comprehensive Plan Update process. In October, during a Community Development Department FY 2022-23 Planning Division Work Plan Update, the Board expressed support for revisiting DCC Chapter 15.10 as a standalone 1 See Deschutes County Planning Commission June 26, 2025 Agenda for more information: https://www.deschutes.org/meetings work item, emphasizing educational outreach efforts rather than code enforcement responses. Staff convened a second panel discussion in April 2023 to further explore such issues. The panel included representatives from the Oregon Chapter of International Dark -Sky Association (subsequently renamed to DarkSky International), an astronomer, Visit Central Oregon, Central Oregon Builders Association (COBA), Deschutes County Code Enforcement, a farmer/rancher, and a science educator. Notable points that were raised by individuals (but not necessarily group consensus) in this panel included: • Code update should include a revised purpose statement • Exception from shielding for lights on timers should be eliminated • Dark skies initiative is a great example of a diverse economic driver that aligns with natural resource values, destination values, etc. associated with the types of visitors that come to Central Oregon • Full cutoff fixtures and prevention of light trespass are already measures that the building community is supportive of, but they would likely not be supportive of additional inspection fees • Timers are often the subject of complaints - while they are on a timed window, they can be triggered multiple times each night, which creates more or less continuous lighting. • If all lighting is required to be shielded, it could aid with enforcement Existing Regulations DCC Chapter 15.10, Outdoor Lighting Control, was adopted in 1994. The 1994 amendments require all private and commercial outdoor lighting fixtures located in the unincorporated areas installed after August 10, 1994 utilizing a 110-watt or brighter incandescent bulb to be shielded by design or modification that directs light downward, and must limit direct line -of - sight of the fixture's lamp to the property on which the fixture is installed. Other types of bulbs have different shielding requirements depending on wattage. DCC Chapter 15.10 also provides several exemptions. Legislative Approach and Challenges Updating lighting regulations to improve dark skies has been a consistent theme of Board, Planning Commission, citizen, and panel discussion on this topic. Any new regulations must balance the effectiveness of the code against the public and private costs to operate and enforce the program. Notably, implementation and enforcement are significant challenges; as a result, the proposed amendments seek to simplify the code wherever possible. The proposed code also includes guiding principles for effective and responsible lighting that are not intended to be mandatory approval criteria. In addition to the proposed code amendments, staff will initiate public education efforts aimed at educating County residents and visitors about dark sky principles. Page 2 of 8 The Building Safety Division, administers and implements state building codes. Plans examiners and building inspectors do not have the capacity to review or inspect outdoor lighting fixtures through a separate, unfunded application for lighting review. Currently, every building permit reviewed by the Building Safety Division Plan is stamped with a notation that exterior lighting must comply with Deschutes County's lighting regulations. At final inspection, however, not everything noted or stamped on a building plan is inspected. Outdoor lighting -related code enforcement violations are currently identified as a relatively low priority for resolution. Currently, outdoor lighting -related complaints constitute approximately 2% of the total received annually. Code enforcement specialists typically send educational materials to violators to encourage them to achieve compliance through changing their lights and/or shielding their lighting fixtures. Generally, outdoor lighting regulations are difficult to enforce for reasons of property access, inaccuracy of photos as evidence, after-hours site visits/investigations, inaccuracies/calibration/training for measurement devices, and other issues. Notably, code enforcement staff observed during the 2023 panel that a simpler code would likely be easier to enforce. II. AMENDMENT SUMMARY The proposed streamlined code takes the challenges of enforcement and implementation into consideration, while addressing concerns that have been raised by experts and the public over the last several years. • Definitions: Definitions, which previously utilized a separate section for each term, have been consolidated into a single section, and superfluous or outdated definitions (for instance, those defining certain types of light fixtures that are no longer referred to in the chapter) have been removed. New definitions have been provided for several terms, most notably "downcast," "light trespass," and "string lights." • Purpose statement: This statement has been revised utilizing previous input from a DarkSky representative to reflect the need for lighting practices that are both safe and responsible, recognizing the County's night sky as an economic and community natural resource. • Guiding principles: These principles, based on those from DarkSky International, have been added and are not intended to be mandatory. However, recognizing the limitations of enforcement, guiding principles can provide applicants with best practices for responsible lighting concepts. The City of Sisters utilizes a similar technique in its recently revised lighting ordinance. • Primary requirements: DCC 15.10.050 presents three requirements applicable to all non-exempt outdoor light fixtures: lights must be downcast, fully shielded, and light trespass is prohibited. The proposed amendments remove distinctions between — and tables referring to —different types of bulbs/fixtures and wattage in favor of a simplified approach that is easier to implement and enforce. During the panel discussions, this simplification was acknowledged as a potentially effective strategy Page 3 of 8 that recognizes the limitations of implementation and enforcement and that is easy to understand. • Prohibitions (formerly DCC 15.10.150) and externally lighted advertising signs (formerly DCC 15.10.160): Both of these sections were deleted, with some language moved to DCC 15.10.060, Exemptions. Both contained redundant references to lighting that must conform to the shielding requirements that apply to all non-exempt fixtures (for instance, top mounted fixtures for advertising signs). Provisions for searchlights, recreational facilities, and bottom mounted advertising lighting were moved to DCC 15.10.060 Exemptions, which more accurately captures the criteria for these types of light fixtures. • Exemptions: The proposed amendments clarify some existing exemptions and add others (see above). The amendments remove several exemptions that would now be subject to the requirements of DCC 15.10.050, including correctional institutions, historical areas, and motion detector lights. The amendments add exemptions for string lights, publicly owned lighting including streetlights, and searchlights. III. TESTIMONY RECEIVED - PLANNING COMMISSION PROCESS In total, thirteen individuals provided written testimony before the close of the written record period during the Planning Commission process. Three individuals provided verbal testimony during the hearing. The full written comments are available in the record for the Board's reference. Comments received after Planning Commission deliberations concluded on July 24 are in the record and will be considered by the Board of County Commissioners during its deliberations on a future date. All individuals providing testimony were in support of adopting the amendments and of reducing light pollution; seven supported adopting the amendments as written. Other individuals provided questions or suggestions to refine the amendments, which are summarized below with staff responses as applicable. 1. Kevin English, Deschutes County resident. Questioned if amendments allow for lighting of the U.S. flag per the U.S. Flag Code. Staff response: The regulations in the draft code pertaining to flags have not changed since the previous version and maintain an exemption from the standard shielding requirements for "U.S. flags displayed by top mounted lighting on a 24-hour basis." There is not a specific reference in the County code to the U.S. flag code, but it is consistent with the U.S. Flag Code, which states "It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flag staffs in the open. However, when a patriotic effect is desired, the flag may be displayed twenty-four hours a day if properly illuminated during the hours of darkness." 2. James Anthony, Deschutes County resident. Page 4 of 8 o Suggestion to revise definition of "light trespass" to include a measurement of lumens: ""Light trespass" exists when the sum of artificial light illumination beyond the property lines on which the light sources are installed, exceeds nnn lumens." o Suggestion to revise holiday lighting exemption to better reflect current practices, from 45 days cumulatively in a calendar year to "no more than 45 days in a single event and 90 days cumulatively in a calendar year." 3. Bill Kowalik/DarkSky Oregon: On behalf of DarkSky Oregon, Mr. Kowalik provided two written comments and verbal testimony at the hearing. The organization supports County efforts and provided a presentation document and table outlining DarkSky Oregon's assessment of the proposed code as it compares to the existing code and specific comments on numerous provisions. The table in its entirety is available for review in the record; the Planning Commission may choose to deliberate on any of the items provided therein. Remarks include, but are not limited to: o Amendments should include color spectrum requirements: at minimum, require 3,000K or less, but ideally require range of 1,800-2,200K, which generally appear amber and minimize the negative impact of security lights. Amber lights are preferable in general. o Recommends all greenhouse lighting be subject to same regulations as marijuana facilities: Inside building lighting, including greenhouses, hoop houses, and similar structures, shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. o Recommends 11 p.m. lights off for any lights (not just string lights) including internally lighted signs and digital billboard signs; exception for shielded amber lights. Lights off within 30 minutes of close of commercial business, within 1 hour of dose of business for parking lots or close of play for sports fields. o Holiday lighting: Recommends specific dates for simplification: December 1- January 15 o Requests evaluation of lighting plans before approval, and requests inspection during or after construction. 4. Meg Voedisch, Deschutes County resident/Dark Skies Over Eagle Crest: Question about the necessity of exemptions for string lights. Staff response: Staff notes that string lights were previously unregulated by the code but are common throughout the County, so the proposed regulations seek to put some degree of regulation on them, recognizing that they are a unique type of light fixture. The proposed amendments follow the example of the City of Sisters, providing regulations for commercial and non-commercial uses of string lights. 5. Toni Williams, Deschutes County resident and Planning Commissioner: o General support for amendments Page 5 of 8 o Understands lack of resources for enforcement and supports educational efforts, particularly concerning lighting that is downcast and shielded, and concerning light color. o Concerning education, suggests a mailer to be bundled with property tax bills and/or a QR code that links to educational materials Agency/Government Testimony 1. Scott Woodford, City of Sisters Community Development Director: In response to an inquiry about how Sisters manages its outdoor lighting code, Mr. Woodford noted that the City reviews lighting plans during the building permit process and inspects at the time of occupancy. Sisters is also pursuing education methods such as mailers, community events, and social media. Code enforcement is complaint -based, beginning with a letter sent to those in violation of the code. 2. Randy Scheid, Deschutes County Building Official noted that per state law, local building department fees are to be utilized solely for the building inspection program to facilitate safe, sanitary, and durable dwellings, during their construction, alterations, and repairs and in accordance with OAR 918 and the Oregon Residential Specialty Code (OSRC). He also noted that "It has been my observation that most of our non -compliant Dark Sky lighting fixtures were installed without permits or inspection well after any final inspection was made." Scheid emphasized the importance of educational efforts and suggested potential land use sign off or property owner/contractor affidavit prior to issuance of a Certificate of Occupancy. IV. PLANNING COMMISSION REVIEW AND DISCUSSION Staff submitted a 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the Department of Land Conservation and Development (DLCD) on June 5, 2025. Staff presented the proposed amendments to the Planning Commission on June 26, 2025.2 An initial public hearing was held before the Commission on July 10, 2025.3 At that time, the oral portion of the public hearing was closed and the written record was held open until July 16, 2025 at 5:00 p.m. The Commission held deliberations on July 24, 20254, issuing a recommendation for approval to the Board with several refinements, and requesting staff to relay the main topics of the Planning Commission discussion to the Board. The Planning Commission discussed several issues pertaining to the proposed amendments. The two with the highest priority were included in the motion to recommend approval of the amendments: 1. Nonconformance (DCC 15.10.060(A)(1)(b)): The Planning Commission recommended that the window for compliance for existing fixtures be changed from z https://www.deschutes.org/bc-pc/page/planning-commission-68 3 https://www.deschutes.org/bc-pc/page/planning-commission-70 4 https://www.deschutes.orgZbc-pc/page/planning-commission-71 Page 6 of 8 five years (in the original draft proposal, changed from six years in the 1994 code) to three years. This change is reflected in the amendments in Board's hearing package. 2. Recommendation that the Board pursue Dark Sky Certification within five years. The International DarkSky Places program certifies communities, parks, and protected areas that meet certain standards with respect to responsible lighting. This generally involves a combination of regulatory requirements, measurement of overall brightness, and community/education efforts. Staff notes that additional testimony concerning this potential goal was received after the close of Planning Commission deliberations, which can be discussed during Board deliberations (2025-08-08 DarkSky Oregon (Bill Kowalik) Comment 3). Other changes based on Planning Commission and staff discussion and testimony received have been incorporated into the Board's hearing package: • Light trespass (DCC 15.10.040): Per Planning Commission discussion, this definition was clarified to provide easier compliance and enforcement. The original proposed definition was the following: "Light Trespass" means a condition in which light emitted by a light fixture illuminates any area beyond the property lines of the property on which the fixture is installed. "Light Trespass" exists when a person is able to see illumination from an off -site light fixture. Light trespass does not include indirect reflection or scattering of light from mounting hardware or any other surfaces. The revised definition states "...Light trespass exists when a person is able to see direct illumination from an off -site fixture." [emphasis added for clarity]. This means that the bulb or part of the bulb —the part of the fixture the emits light —is visible from offsite. • Exemptions for holiday lighting (DCC 15.10.060(C)): Based on testimony received and in consultation with Legal Counsel, the original proposed exemption for holidays light was for "Holiday decorations for no more than 45 days cumulatively in a calendar year..." The revised exemption provides fixed dates for the traditional winter holiday season, per testimony from DarkSky Oregon, and adds a number of days throughout the year to accommodate other special events. This language provides a balance of clarity and flexibility. Revised language: "Seasonal holiday lighting from December 1 to January 15 is exempt. Other event -specific lighting for no more than fourteen cumulative days in a single calendar year also is exempt. "Event -specific lighting" means lighting other than seasonal holiday lighting, illuminated for a period not to exceed fourteen cumulative days in a calendar year, associated with a holiday or other special occasion." V. NEXT STEPS Page 7 of 8 At the conclusion of the public hearing, the Board may: • Continue the hearing to a date certain; • Close the hearing and leave the written record open to a date certain; • Close the hearing and set a date for deliberations; or • Close the hearing and commence deliberations. Attachments: 1) Staff Findings & Proposed Text Amendments Page 8 of 8 CHAPTER 15 10 OUTDOOR LIGHTING CONTROL 15.10 010 Purpose And atesToGuidink Principles For Residential —Commercial —And Public Area Lihtin 15 10 020 Purpose And Intent As Relates To Street Lighting 15.10.030 Conformance With Applicable Codes 1 ;; : :' : - -; = 15.10.+2()-050 Requirements -For in _Sta &atj�on Of Outdoor Lighting 15.10.+70-060 Exemptions 15.10.E 8�070 Violations And Penalties 15.10.j-96-080 Violations Constitute Public Nuisance. 15.10 010 Puraose And fasten e—tate"TGuiding..Princiales For Residentiat, Commercial And Public Areati "tin A. The purposes of DCC 15.10 is -are to enco r e the_utilization.of responsible lighting practices_to ro ovide_safalklit areas or residents and_visitors and to protect.citizen health an safety and quality of life through the use of lhimination_that is enery efficient_orevents light p_ollut-on from lighttr s as _minimizes impact on -wildlife. and natural vistas, and. recognizes Deschutes Coun-Ws ni ht sky as an economic and —comm unit natural resource.. B _The following guiding principles have been developed by DarkSky International and the Illuminating Engineering Societ.Guidin principles are not intended to be mandatory a-pproval criteria. 1 Useful: Use light only if it is needed All light should have a_clear purpose.._Consider how the use of light will impact the area, including wildlife and their habitats. 2 Targeted: Direct Uiht so it falls only where At is needed Use shielding and careful aimLin t to target the direction of the light beam so that it points downward and does not Spill beyond where it is needed. 3. Low level: Light should be no brighter than necessary. Use the lowest light level required. Be mindful of surface conditions, as some surfaces may reflect more light into the night skvthan intended. 4_ Controlled: Use Light onlYwhen it is needed. Use controls such as timers or motion detectors to ensure that light is avaibwhen it is needed dimmed when_possible, and turned off when not needed. 5_. Warm-coloredUse warmer color_U�hts when possible. Limit the amount of shorter wavelen gth blue violet light to the least amount needed. HISTORY Adopted by Ord. 94-024 §1 on 813111994 Amended Ord. 2025-xxx_§x on x/x/2025 15.10.020 Purpose And Intent As Relates To Street Ughtin The purpose of DCC 15.10, as it relates_to street li htin is to affirm that the -citizens of Deschutes County, Oregon have a right to the safety Wepends in part on well -lighted streets and highways, and to —recognize-that such illumination by nature cannot be confined to the property from which it is generated. Thus, certain high wattage and low wattage applications for the prapese putpose_of highwaystreet safety are allowed underthese provisionsthis ordinance. HISTORY Adopted by Ord. 94- 224 §1 on 813111994 Amended Ord. 2025-xxx §x on x/x/2025 15.10.030 Conformance With Applicable Codes All outdoor electrically powered illuminating devices shall be installed, used and maintained in conformance with the provisions of this code, the building code, the electrical code, and the spplicab—1 _.sign code of the jurisdiction in which a signs) is installed. No provision of this ordinance are is._intended to pre-empt applicable state codes. HISTORY Adopted by Ord. 94-024 §1 on 813111994 Ammended by Ord 2025-xxx §x on x/s/ i I le pre- afternate has i i i i i- i"" "- iI VOUI - i i i i1 UV'U�Uany stieh b e e n a 1P, p r OVed. T "I _" b- ng, 00-111 1601-rFrOty CIPPI eve -any such prepo-s-eud atternate that- Provides an eel ttivaient alternative- U, U-sign that does net exceed 1806 lurnens nor Project UrOhlt UO LU Of the _ • i _ _ i i _ _ _ _ • i i i " i i - .. on i /3111994 15.1 1 1 1 l ' • 'J-.I-G-,the following words and phrases are defined as setforth in D follows: Downcast" means li htin that is installed such that light ra s fy rom an_outdoor tight fixture are. directed downward toward the round and_which includes a fixture sMeld_parallel with the_level round_ °Exemotht fixtures".means outdoor artificial illumnating.devices which_are_exemted_from thds. ordinance b _DCO 15.10.060 "Farminpractice°°_shalt have___themeaning set forth i_n ORS 30.930. "Forest practice" shall have._themeanngset forth in ORS 30..930,. "Fully hs fielded" m�_a_ns outdoor_light fixtures_that areshelded_or constructed so that_light ram emitted by_theflxture a�prOJected below Ji the horizontal 1p anemage to be insertedl "Installed'.'_meansthe initial installation Light li ht fixtures following_ the effective_ date_of_this Ord inance_Projects with approv_ed_constructionlans prior to.effect.v_e date of -this ordinance are excluded from compliance with_the ordinance in the initial installation one, "Light Trespass". means a condition inwhieh tight _emittedbya lightfixture_illuminates_anyarea. beyon the property_lip s of the rp operty_on which the dxture_.is�stalled. "Li t Trespass" exists when aerson_is able to_see direct illumination from an off -site light fixture. Li _ ht trespass does not include indirect reflection or scattering of light from mounting hardware.o_r_any_othersurfaces. "Outdoor light fixtures"mean_s outdoor_artificial illuminatin _devices _outdoor fixturesy_lampsand other similar devices,_ane permnt<y_instatled-or portable. "Searchlight" means a -tight fixturegeneratin aralle_l_rays.that.m--aybe oriented in anv_particular direction, ofte_nised to draw the_attention to a place or_event. "Shielding" ma c be provided for a lithting fixture by the esign of such fixture, or by an extern applied device.such as a shroud or hood of metal, wood or painted -ass does not la low transmission of tight. "Stringy lights" means electric tights on a wire, strin or cable used as decoration or for outdoor li htin . HISTORY Adopted by Ord. 94-024 §1 on 8/31/1994 Amended by Ord. 95-063 §1 on 10/1111995 Amended by Ord. 2016-014 §1 on 7/1/2016 Amended by Ord. 2025-xxx §x on x/x/2025 ii jL4 jw6—MMKI. in ::.'AL�-f-MEME twin - ------ -- ---- ro :. :: "Exempt II _, es iRtiminating devices by DGE3 light 1 r1 6.1 1 H S 11 mearis outdoor artificiat which are exempted but not [Imited' tv I IIST$FW A AA A-lG DeL..lidw.e•! 11 1 panies, partnerships, ! n _.TQ►lGl.l joint ventures ) or eorporations. date this orelimanee. Projeets inn i "Shoeiding" with approved construction pians is prior to effective of ardimanee are for Ughting fixture by design for the purpose of thus ordinance provided a of such hood fixture or by an 1 IISTORT "FuRy extermai�y appLied IA deviee sueh as a shroud or of metal, wood or painted gLass that light by shii-ided" tile fext Svn' means outdoor ted below the light fixtures shieided horizontai plane. or eonstructed so rays emitted 15.10.105 Definition; High -'Inteensity"I ligh intensity diseharge lamp satirees" means high pressure sodiurn, merettry vaper, metai halide—, low pressure sodiurn, and other sintRftr-�,. ``"i rr TE) RY AD,eflinition-- - --- WrHmeseent in a color eharaeteristie of the partietilar gas used, e.g. MeOn, argon, ete. u "CTl'I STE) RY material an whqeh plants are grown tinder elimate eantroRed eenditions, and includes hoop houses i-" STD 15.10.050 Requirements For Installation ®f ®utdoor Lighting A. Except as exempted by provisions of this ordinance, the installation and use of outdoor lighting fixtures shall be subject to the provisions of this ordinance. B. All non-exempt outdoor lighting fixtures shall_meet the following requirements: 1 Downcast Lighting shall be downcast Uplighting is prohibited. 2 Fully Shielded Unless subject to an exemption. all light fixtures shall be fully shielded. 3 Light Trespass. Unless subject to an exemption, l gli trespass is.prohibited for outdoor lght fixtures. HISTORY Adopted by Ord. 94-024 §1 on 8/31/1994 Amended by Ord. 95- 663 §1 on 10/1111995 Amended by Ord. 2025-xxx §x on x1x12025 lL-lq,wvML�l,,Mq,LwM %%Rpm M 15.10 +7e-060 ExemptioM Certain outdoor light fixtures are exempt from this ordinance. subject to the following standards: A. Nonconformance. 1. All other outdoor light fixtures lawfully installed prior to and operable on the effective date of the requirements codified in this ordinance are exempt from all such requirements except as follows: a. All replacement of outdoor lighting fixtures, as of the date of adoption, shall be subject to the provisions of this ordinance. b. Until a date i ti three years after the date of adoption of this cod-eordinancc; B. Airport operations lighting and aircraft navigational beacons required b�[ the_Federal or State Law are exempt from these provisions. All other airport outdoor Lighting must conform to the intent &W—th this ordinance. a.C. 'equiSeasonalholidaylighting_fra December_1_toJanuary_1.5isrements of this . exemmpt._ Other _ev_ent-spec►_f.ic_l lighting no more han fourteen_cumulati_v_.e_da� inssingle calendar year al is exempt. " ent-specifi tin eans lighting other than_seasonal holiday lighting, illuminated for a period not to exceed fourteen cumulative days in a calendar year associated with a holiday or other special occasion. lam..-_:yais d_FairQ gip, u,,,,�u,,, a„u , u,,.,Specia _events that require the use of temporary outdoor lighting fixtures are exempt for u - to 10 consecutive days. ejeeptth-at-Ppermanent installations at dedicated sites must conform to the requirements of this ordinance. enest ed. fi-.E. U.S. flags displayed by top mounted lighting on a 24-24-hours basis. f F_Internally lighted advertising signs. G. Bottommounted fixtures on x�ternally lghted advertising signs and billboards, in.which case such fixtures shall a shielded either byapplication of external device or manufactured in such a wav that._upward and side directed light is confined to an area within four inches of the outermost.surface of the signdos. Shielding will be constructed in such a manner.that no reflective surface of the lighting fixture will extend past the limit of the shieldin in._the vertical plane vvhen.viewed from directly above. J-.,H.Temporary exemptions to the provision(s) of DCC Title 15 for five days cumulatively inam calendar year. K-.I_Television or movie film productions are exempt except that permanent installations at dedicated sites must conform to the requirements of this ordinance. f Farming�ractices_and forest practices. Permanent_ installations at dedicated sites must conform to the requirements of this ordinance. K. Construction lighting. necessary for an allowed use. are exempt except thatPpermanent installations at dedicated sites must conform to the requirements of this ordinance. L. Recreational Facilities. Outdoor li ht fixtures in association with a_sports or_recreatio.nal facility, public or rivate._prior_to eleven o'clock RM. M. Strin_g_Lights. su_bject_to the following, standards: 1__Strin _li hts shalt not_be a�sed to solely illuminate or decorate landsca in feat_ ice. walls. orfences_ 2. All installations of strngli hting hall emlov lamps that do not ftas_h or flicker.. 3. n association with non-residentia_t_uses, strin li hts. may a installed_in out oor dining.and_entertainmsnt areas Duty and shalt not be_used to delineate_or_outline. the edges of a ui c ingorfor anv9�h_auroose String I[ ghting must be completely extinguished bytheend of normal business hours. 4. In association with.rPsidential use�,g lighting maybe used to delineate.or outline the edges of patios, p.orchesdecks and similar structures String lighting must be completely extinguished by 11 P.M. 5. These limitations do not apply to string lights used as holida�r lighting, which are instead subject to holiday lighting standards. N__.PubliclOwned Li hting Publicly owned lighting (including streetlights located in the public ri ht-of-ways shall be fully shields but are not reauired to comply with light trespass reau_irements. O. Searchlights. The operation of searchlights for puoses other_than public safety or emergencies is prohibited. HISTORY Adopted by Ord. 94- 224 §1 on 813111994 Amended by Ord. 95-063 §1 on 10/11/1995 Amended by Ord. 99- 222 §1 on 8/25/1999 Amended by Ord. 2025-xxx §x on x/x/2025 15.10.E-8@-070_i/iolationsAAnd Penalties For any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve or convert any lighting structure, or cause the same to be done, contrary to or in violation of any provision of this ordinance shall constitute a code violation subject to DCC 18.144.050. HISTORY Adopted by Ord. 94-024 §1 on 813111994 Amended by Ord. 95=063 §1 on 10/1111995 Amended by Ord. 2003-021 §33 on 41912003 Ame"ed by0rd. 2025-xxx§x on x/x/2025 15.10.�96 080 Violations Constitute Public. Nuisance Any outdoor lighting fixture erected, constructed, enlarged, altered, repaired, moved, improved, or converted, contrary to the provisions of this ordinance shall constitute a pu lic nuisance eed-e visiatio-m-subject to DCC 18.144.040. HISTORY Adopted by Ord. 94- 224 §1 on 813111994 Amended by Ord. 95-063 §1 on 10/11/1995 Amended by Ord. 2025-xxx §x.on x/x/2025 r�►�R��na• - ii34 L•ala li:=" t-Ill Gl•MWE FINDINGS DARK SKIES TEXT AMENDMENTS APPLICABLE CRITERIA: Deschutes County lacks specific criteria in DCC Titles 18, 19, 22, or 23 for reviewing a legislative text amendment. Nonetheless, since Deschutes County is initiating this amendment, the County bears the responsibility for demonstrating consistency with Statewide Planning Goals and the existing Comprehensive Plan. 11. BACKGROUND: Since November 2021, both the Board and Planning Commission have expressed support for updating DCC Chapter 15.10, Outdoor Lighting Control. In February 2022, the Planning Commission convened an 8-person panel reflecting varying perspectives related to dark skies and outdoor lighting. The panel discussed the importance of dark sky best practices and the increase in light pollution in the region from approximately 2012-2020. In April 2022, the Board directed staff to pursue dark skies best practices and potential goals and policies as part of the Deschutes County 2040 Comprehensive Plan Update process. in October, during a Community Development Department FY 2022-23 Planning Division Work Plan Update, the Board expressed support for revisiting DCC Chapter 15.10 as a standalone work item, emphasizing educational outreach efforts rather than code enforcement responses. Staff convened a second panel discussion in April 2023 to further explore such issues. The panel included representatives from the Oregon Chapter of International Dark -Sky Association (subsequently renamed to DarkSky International), an astronomer, Visit Central Oregon, Central Oregon Builders Association (COBA), Deschutes County Code Enforcement, a farmer/rancher, and a science educator. Notable points that were raised by individuals (but not necessarily group consensus) in this panel included: • Code update should include a revised purpose statement • Exception from shielding for lights on timers should be eliminated • Dark skies initiative is a great example of a diverse economic driver that aligns with natural resource values, destination values, etc. associated with the types of visitors that come to Central Oregon 11 7 NW Lafayette Avenue, Bend, Oregon 97703 i P.O. Box 6005, Bend, OR 97708-6005 AZ'N (541) 388-6575 c@cdd@deschutes.org (awww.deschutes.org/cd • Full cutoff fixtures and prevention of light trespass are already measures that the building community is supportive of, but they would likely not be supportive of additional inspection fees • Timers are often the subject of complaints - while they are on a timed window, they can be triggered multiple times each night, which creates more or less continuous lighting. • if all lighting is required to be shielded, it could aid with enforcement Existing Regulations DCC Chapter 15.10, Outdoor Lighting Control, was adopted in 1994. The 1994 amendments require all private and commercial outdoor lighting fixtures located in the unincorporated areas installed after August 10, 1994 utilizing a 110-watt or brighter incandescent bulb to be shielded by design or modification that directs light downward, and must limit direct line -of -sight of the fixture's lamp to the property on which the fixture is installed. Other types of bulbs have different shielding requirements depending on wattage. DCC Chapter 15.10 also provides several exemptions. Legislative Approach and Challenges Updating lighting regulations to improve dark skies has been a consistent theme of Board, Planning Commission, citizen, and panel discussion on this topic. Any new regulations must balance the effectiveness of the code against the public and private costs to operate and enforce the program. Notably, implementation and enforcement are significant challenges; as a result, the proposed amendments seek to simplify the code wherever possible; the proposed code also includes guiding principles for effective and responsible lighting that are not intended to be mandatory approval criteria. In addition to the proposed code amendments, staff will initiate public education efforts aimed at educating County residents and visitors about dark sky principles. The Building Safety Division administers and implements state building codes. Plans examiners and building inspectors do not have the capacity to review or inspect outdoor lighting fixtures through a separate, unfunded application for lighting review. Currently, every building permit reviewed by the Building Safety Division Plan is stamped with a notation that exterior lighting must comply with Deschutes County's lighting regulations. At final inspection, however, not everything noted or stamped on a building plan is inspected. Outdoor lighting -related code enforcement violations are currently identified as a relatively low priority for resolution. Currently, outdoor lighting -related complaints constitute approximately 2% of the total received annually. Code enforcement specialists typically send educational materials to violators to encourage them to achieve compliance through changing their lights and/or shielding their lighting fixtures. Generally, outdoor lighting regulations are difficult to enforce for reasons of property access, inaccuracy of photos as evidence, after-hours site visits/investigations, inaccuracies/calibration/training for measurement devices, and other issues. Notably, code enforcement staff observed during the 2023 panel that a simpler code would likely be easier to enforce. III. AMENDMENT SUMMARY: EXHIBIT XX - Ordinance No. 2025-XX Page 2 of 8 The proposed streamlined code takes the challenges of enforcement and implementation into consideration, while addressing concerns that have been raised by experts and the public over the last several years. • Definitions: Definitions, which previously utilized a separate section for each term, have been consolidated into a single section, and superfluous or outdated definitions (for instance, those defining certain types of light fixtures that are no longer referred to in the chapter) have been removed. New definitions have been provided for several terms, most notably "downcast," "light trespass," and "string lights." • Purpose statement: This statement has been revised utilizing input from a DarkSky representative to reflect the need for lighting practices that are both safe and responsible, recognizing the County's night sky as an economic and community natural resource. • Guiding principles: These principles, based on those from DarkSky International, have been added and are not intended to be mandatory. However, recognizing the limitations of enforcement, guiding principles can provide applicants with best practices for responsible lighting concepts. • Primary requirements: DCC 15.10.050 presents three requirements applicable to all non- exempt outdoor light fixtures: lights must be downcast, fully shielded, and light trespass is prohibited. The proposed amendments remove distinctions between —and tables referring to —different types of bulbs/fixtures and wattage in favor of a simplified approach that is easier to implement and enforce. During the panel discussions, this simplification was acknowledged as a potentially effective strategy that recognizes the limitations of ii pleme� �tatio� �� and enforcement and that is easy to understand. • Prohibitions (formerly DCC 15.10.150) and externally lighted advertising signs (formerly DCC 15.10.160): Both of these sections were deleted, with some language moved to DCC 15.10.060, Exemptions. Both contained redundant references to lighting that must conform to the shielding requirements that apply to all non-exempt fixtures (for instance, top mounted fixtures for advertising signs). Provisions for searchlights, recreational facilities, and bottom mounted advertising lighting were moved to DCC 15.10.060 Exemptions, which more accurately captures the criteria for these types of light fixtures. • Exemptions: The proposed amendments clarify some existing exemptions and add others (see above). The amendments remove several exemptions that would now be subject to the requirements of DCC 15,10.050, including correctional institutions, historical areas, and motion detector lights. The amendments add exemptions for string lights, publicly owned lighting including streetlights, and searchlights. IV. BASIC FINDINGS The Planning Division determined that amendments were necessary to incorporate changes to modernize Deschutes County's outdoor lighting standards. Staff initiated the proposed EXHIBIT XX - Ordinance No. 2025-XX Page 3 of 8 amendments and notified the Oregon Department of Land Conservation and Development on June 5, 2025 (File no. 247-25-000377-TA). As demonstrated in the findings below, the amendments remain consistent with Deschutes County Code and the Statewide Planning Goals. V. FINDINGS: 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. FINDING: This criterion is met because a public hearing was held before the Deschutes County Planning Commission (Commission) on 7/10/2025 and a public hearing was held before the Board of County Commissioners (Board) on 8/27/2025. Section 22,12.020, Notice Notice A. Published Notice 1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least 10 days prior to each public hearing. 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. FINDING: This criterion is met as notice was published in The Bulletin newspaper on 6/29/2025 for the Commission public hearing and on 8/15/2025 for the Board public hearing. B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. FINDING: Posted notice was determined by the Planning Director not to be necessary. C. Individual notice. Individual notice to property owners, as defined in DCC 22.08.010(A), shall be provided at the discretion of the Planning Director, except as required by ORS 215.503. FINDING: The proposed amendments are legislative and do not apply to any specific property. Therefore, individual notice is not required. EXHIBIT XX - Ordinance No. 2025-XX Page 4 of 8 D. Media notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. FINDING: Notice was provided to the County public information official for wider media distribution. This criterion has been met. Section 22.12.030 Initiation of Legislative Changes. A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of County Commissioners. FINDING: The application was initiated by the Deschutes County Planning Division at the direction of the Board and has received a fee waiver. This criterion has been met. Section 22.12.040. Hearings Body A. The following shall serve as hearings or review body for legislative changes in this order. 1. The Planning Commission. 2. The Board of County Commissioners. B. Any legislative change initiated by the Board of County Commissioners shall be reviewed by the Planning Commission prior to action being taken by the Board of Commissioners. FINDING: This criterion is met as the Commission held a public hearing on 7/10/2025. The Board held a public hearing on 8/27/2025. Section 22.12.050 Final Decision All legislative changes shall be adopted by ordinance FINDING: The proposed legislative changes included in file no. 247-25-000377-TA will be implemented by ordinances upon approval and adoption by the Board. This criterion will be met. Oregon Statewide Planning Goals: Statewide Planning Goal 1 - Citizen Involvement: This goal outlines the citizen involvement requirement for the adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: The County's citizen involvement program ensures that any amendments to the County's development code are reviewed through a duly noticed public process. This legislative process to EXHIBIT XX - Ordinance No. 2025-XX Page 5 of 8 review the proposed amendments will require two public hearings, one before the Commission on 7/10/2025 and one before the Board on 8/27/2025. Information was distributed throughout the process via the project website and through social media and email. All Commission and Board work sessions were open to the public and noticed in accordance with the County's rules and regulations. All work session materials, including meeting recordings and summaries, were available on the County's website. All the aforementioned venues provided the opportunity for gathering feedback and comments. As part of the legislative process, public notice requirements for the Commission and Board public hearings were met. The notice was sent to persons who requested notice, affected government agencies, and was published in the 6/29/2025 and 8/15/2025 issues of the Bend Bulletin. The notices invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the County's webpage where the draft of the proposal can be viewed. Statewide Planning Goal 2 - Land Use Planning: This goal outlines the land use planning process and policy framework. The County's Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. FINDING: Deschutes County has an acknowledged Comprehensive Plan and enabling ordinances. The amendments to the DCC are being undertaken to bring residential development standards, criteria, and procedures into compliance with state statutes. The amendments are being processed in accordance with the County's adopted procedures, which requires any applicable statewide planning goals, federal or state statutes or regulations, comprehensive plan policies, and the County's implementing ordinances be addressed as part of the decision -making process. The amendments are being processed as a post -acknowledgement plan amendment (PAPA) and noticing requirements have been met. All applicable review criteria have been addressed within this staff report; therefore, the requirements of Goal 2 have been met. Statewide Planning Goals 3 and 4 - Agricultural Lands and Forest Lands: FINDING: No changes related to agricultural or forest lands are proposed as part of the text amendments. The amendments seek to encourage the utilization of responsible lighting practices that recognize the County's night sky as an economic and community natural resource while still allowing customary farm and forest practices to occur. This goal does not apply. Statewide Planning Goal 5 - Natural Resources, Scenic and Historic Areas, and Open Spaces: FINDING: This goal requires the inventory and protection of natural resources, open spaces, historic sites and areas. No changes related to Goal 5 resources are proposed as part of the text amendments. This goal does not apply. EXHIBIT XX - Ordinance No. 2025-XX Page 6 of 8 Statewide Planning Goal 6 - Air, Water, and Land Resource Quality: FINDING: The County is currently in compliance with the State's Goal 6 program. The amendments do not alter the County's acknowledged land use programs regarding air, water, and land resource quality. This goal does not apply. Statewide Planning Goal 7 - Areas Subject to Natural Hazards: FINDING: No changes will occur to County programs related to flood management, wildfire mitigation, or other natural hazards. This goal does not apply. Statewide Planning Goal 8 - Recreational Needs: FINDING: The proposed amendments do not address or alter any County recreational programs or land use requirements related to parks and recreation. This goal does not apply. Statewide Planning Goal 9 - Economic Development: FINDING: The proposed amendments do not alter the County's compliance with Goal 9, which is to provide adequate opportunities for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. The amendments seek to encourage the utilization of responsible lighting practices that recognize the County's night sky as an economic and community natural resource. The proposed amendments are in compliance with Goal 9. Statewide Planning Goal 10 - Housing: FINDING: This goal is not applicable because unlike municipalities, unincorporated areas are not obligated to fulfill certain housing requirements. Statewide Planning Goal 11 - Public Facilities and Services: FINDING: The County is currently in compliance with Goal 11 through its acknowledged Comprehensive Plan. The amendments do not alter the County's compliance with Goal 11 and are consistent with this goal. Statewide Planning Goal 12 - Transportation: FINDING: The County is currently in compliance with Goal 12 and Metro's Regional Transportation Plan through its acknowledged Comprehensive Plan and TSP as required by Oregon Administrative Rule 660-012 (Transportation Planning Rule - TPR). The proposed amendments do not alter the County's compliance with Goal 12. Statewide Planning Goal 13 - Energy Conservation: EXHIBIT XX - Ordinance No. 2025-XX Page 7 of 8 FINDING: The County is currently in compliance with Goal 13 through its acknowledged Comprehensive Plan. The amendments do not alter the County's compliance with Goal 13 and are consistent with this goal. Statewide Planning Goal 14 - Urbanization: FINDING: The County is currently in compliance with Goal 14 through its acknowledged Comprehensive Plan and land use regulations. The County also has signed Joint Management Agreements with the cities of Bend, Redmond, and Sisters as required by ORS 195.065. The amendments do not alter the County's compliance with Goal 14 and are consistent with this goal. VI. CONCLUSION: Based on the information provided herein, staff recommends the Board of County Commissioners approve the proposed text amendments that make changes necessary to modernize the outdoor lighting ordinance. EXHIBIT XX - Ordinance No. 2025-XX Page 8 of 8 J-ces o BOARD OF COMMISSIONERS' MEETING n < REQUEST TO SPEAK Citizen Input or Testimony Subject:Date: % Name 1 , ✓I ✓�o 1.1 C ✓ It - Address u � /V k> o � 1 j (1i703 Phone #s E-mail address or 4 I4v4,vCtl: le, JCL 0 1�r In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes uNo If so, please give a copy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS O BOARD OF COMMISSIONERS' MEETING o � REQUEST TO SPEAK Citizen Input or Testimony Subject:' ° X> 4A 6/1� C- Date: 3 Z7 -2 Name�� Address64-3, Z I Z- A) w /. 04e C-7- Phone #s'Z E-mail address G� lam. /1� �` �s/ y br�� v► ��c� In Favor Neutral/Undecided Opposed Submitting written' documents as part of testimony? 1�9 Yes No If so, please give a copy to the Recording Secretary for the record. SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS w 2� BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony /!- g 91 J Subject:Orl 1 5e- Date: Name G OA --B (^o Address 73&�d 0 P, q q q 03 Phone #s 5(' )- a 13 " 0-b 0 E-mail address l UCt, El In Favor Neutral/Undecided Opposed SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS E S Co& BOARD OF M,10.151 COMMISSIONERS MEETING DATE: August 27, 2025 SUBJECT: Deliberations: Cascades Academy Plan Amendment and Zone Change involving approximately 22.5 acres south of Tumalo and west of Highway 20 RECOMMENDED MOTION: Conduct deliberations to consider a record objection and determine whether the proposed Plan Amendment and Zone Change should be approved or denied. Upon conclusion of the deliberations, the Board may: • Approve the Plan Amendment and Zone Change • Deny the Plan Amendment and Zone Change • Continue deliberations to a date to be determined BACKGROUND AND POLICY IMPLICATIONS: The applicant, Cascades Academy, requests that the Comprehensive Plan designation of approximately 22.5 acres south of Tumalo and west of Highway 20 be changed from Agricultural (AG) and Surface Mining (SM) to Rural Residential Exception Area (RREA) and that the Zone be changed from Exclusive Farm Use (EFU) and Surface Mining (SM) to Multiple Use Agricultural (MUA-10). A public hearing before a Hearings Officer was held on November 14, 2024, with the Hearings Officer issuing a recommendation of denial based on lack of evidence demonstrating Goal 5 compliance. Additional materials were submitted by the applicant, including a Goal 5 Economic, Social, Environmental, and Energy (ESEE) analysis. A public hearing before the Board was held on June 18, 2025. Additional detail is included in the staff memorandum and decision matrix. BUDGET IMPACTS: None ATTENDANCE: Nicole Mardell, AICP, Senior Planner MEMORANDUM TO: Board of County Commissioners (Board) FROM: Nicole Mardell, AICP, Senior Planner DATE: August 20, 2025 SUBJECT: Deliberations: Cascades Academy Plan Amendment and Zone Change The Board of County Commissioners ('Board") will conduct Deliberations on August 27, 2025, to consider a request for a Comprehensive Plan Amendment and Zone Change (File nos. 247-24- 000392-PA, 247-24-000393-ZC). The record is available for inspection at the following link: https://bites/CascadesAcademy I. BACKGROUND The subject property is comprised of seven (7) tax lots with a total area of 22.5 acres, including 4.03 acres zoned Surface Mine and 18.47 acres zoned EFU-Tumalo/Redmond/Bend Subzone. Four (4) tax lots are partially within the Landscape Management Combining Zone associated with State Highway 20 and the Deschutes River. The EFU properties are also within the Surface Mining Impact Area Combining Zone associated with Mining Site No. 370. The property is irregular in shape and is located immediately south of the Tumalo Rural Community and west of State Highway 20. Refer to Attachment A for location and zoning maps. Cascades Academy, the applicant and property owners, request a change to the Comprehensive Plan designation of the subject property from Agricultural (AG) and Surface Mining (SM) to Rural Residential Exception Area (RREA) and a corresponding Zone Change from Exclusive Farm Use - Tumalo/ Redmond/ Bend subzone (EFU-TRB) & Surface Mining (SM) to Multiple Use Agricultural (MUA-10). The applicant intends to rezone the property to allow for expansion of the existing school on an adjacent parcel, although they are not requesting approval for the school or other specific development as part of this application. The Deschutes County Hearings Officer held a public hearing on November 14, 2024. On February 26, 2025, the Hearings Officer issued a recommendation of denial for the proposed Plan Amendment and Zone Change, citing a lack of evidence demonstrating compliance with Statewide 1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q1 (541) 388-6575 @cdd@deschutes.org ®www.deschutes.org/cd Planning Goal 5 pertaining to wetland, scenic road, and scenic water resources associated with the subject property. On April 4, 2025, the applicant provided additional application materials, including an Environmental, Social, Economic, and Energy analysis to address concerns in the Hearings Officer's recommendation. On June 9, 2025, DLCD staff provided comments to staff regarding the ESEE analysis, which has been uploaded to the record under "Comments & Submittals - Agencies". The Board held a public hearing on June 18, 2025. Following testimony, the Board established an Open Record Period of a 7-day New Evidence and Testimony phase, a 7-day Rebuttal phase, and a 7- day Applicant's Final Legal Argument phase. The record closed at 4:00 pm on July 16, 2025. Record submittals can be found on the project website. II. PROCEDURAL OBJECTION In their Final LegalArgument submittal, the applicant raised concerns that Central Oregon Landwatch (COLW) raised new evidence in their Rebuttal phase testimony, violating the parameters of the open record period. The applicant has requested that the Board reject this testimony and remove it from consideration in making the final decision on the application. County legal staff has reviewed the testimony and agrees that COLW raised new evidence. Further discussion on this issue, the staff recommendation, and an alternative action option are included as the first item in the Board's deliberations matrix. Staff has included a draft order in the event the Board chooses to reopen the record. III. FORMAT FOR DELIBERATIONS The attached Decision Matrix (Attachment B) is designed to assist the Board in its deliberations. It focuses on the contested aspects of the application that require Board determinations or interpretations. There are nine key issues identified in testimony and materials that are related to approval criteria for the subject applications. Attachment A: Location Maps Attachment B: Decision Matrix Draft Order 2025-038 Page 2 of 2 Attachment A Subject Property Maps 247-24-000392-P,A / 247-24-000393-ZC =500' Location Map 34, Ci S 1 W a 1P , 8F � Knife River L Material Yard ;1- y Cascades 'Academy Campus 247-24-000392-PA / 247-24-000393-ZC Zoning Map (Overview) N 0 320 640 1,280 ft 1 inch = 752 feet E S C'C a a 0 y C c a o CN O a) N C: J O E a X X 0 0 x. ° w .D p v N m a Y L.)c N c u v v-0 c v N T L C CL v o Z 7 E C v 0 O a V aY w N N N 3 a) O C aL E V+ a pp J N C _° V N T a1 ro a O O a O - O L 3 al a) u U {L -O N a V ns a N O 01 i C Q 0 y c:,� m Y 'd m V N N L N O V C Q C � C a) i1 LC Y C y N-0 C N E C Q toC L C N N 2 -O O v C C a) O o ty N N > a Q 0 0 N 0 c:bA -O C C Y al O a)v o N n _ y aE C d o N a) 7 N °V C N u O � N Q V pV N °u E Q N O O v C m �F a ai o O ai a s a) (V a a) I c c c 5 E S c S E ° a o 3 a) a r o a a a) aaJ a -4 7 a O co 6 T, a L E a1 a) N L al m m N r O O E lfl i- N Q o m° 3 O ns O Q O o E u x c N CI C u N -Ln C T O L C 0 ao m Q L o o c J o Ov v O L+qQQy O- N O . r f y OW> .fl y O � aJ IN/1 aa1 o O v O Y 'vaj N a1 N a E v s a Y v N J O ro o v > o- a v d F - N C N U 7aL+ C a) C C a) aS 3- T .o — c C C .nay > O E aj C a-c Q= Q O t O- -, .� C Q N O a) d C G N O r6 J to m N E@ E E E o a) �6 - a) N L � =� p a Q V '+- Ov�i dl L a) ..O a) O Q G Q -0 a) Nv N °V °V v s E Q T I— +O.0 O a) a>)a>) a a a Y O t^p 3 m ai o vi ' C N Y ^ Y Ou z v N on V C O •{� °0 -C ui a a 0 J N Q_ C o p s v E E c a 3 ao tp C o a o a O O . 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Y+ N E a) Y © ° y E 3 o w to N ,C O V a) F —0O o LA_ aJ � � 76 r4 > l p >, l7 U O 0 ti to C G =NY dy N p to O C C .em s S E M w '= M O i — ect w p v a u a 10 a, v a y m aO 'u s� Q w E w y 4A � N v 61 V1 Q V7 tff REVIEWED LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order to Reopen the Written Record for File No. 247-25-000392-PA, 393-ZC * ORDER NO. 2025-038 * WHEREAS, the Board of County Commissioners ("Board") is the final hearings body for the proposed plan amendment and zone change application, as described in Deschutes County Code (DCC) 22.28.030(C); and WHEREAS, the Board held a public hearing on June 18, 2025, closed the oral portion of the hearing, and established an open written record period of seven days for new evidence, seven days for rebuttal, and seven days for the applicant's final legal argument; and WHEREAS, on July 2, 2025, the applicant provided their New Evidence submittal and on July 9, 2025, Central Oregon Landwatch submitted their Rebuttal submittal; and WHEREAS, on July 16, 2025, the applicant provided their Final Legal Argument submittal, wherein the applicant contested the Rebuttal submittal by Central Oregon Landwatch, as it contained new evidence and violated the terms of the established written record period and requested the Board reject the testimony from the record, or reopen the record to allow the applicant to respond to the new information; and WHEREAS, on August 27, 2025, the Board considered the applicant's request and voted to allow the testimony submitted by Central Oregon Landwatch to be considered as part of its decision; and WHEREAS, DCC 22.24.160(A) grants the Board discretion and authority to reopen the record upon request or its own initiative; and ORDER No. 25-038 WHEREAS, the Board finds it necessary to reopen the record to afford the applicant sufficient time to respond to the new information submitted by Central Oregon Landwatch for the Board's consideration of the applications; now, therefore, THE ,BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. Pursuant to DCC 22.24.160(A), the record of the legislative proposal shall be reopened to accept new written testimony from the applicant until September 5, 2025, at 4:00 p.m., at which point the record will close. Section 2. Staff shall give written notice to all parties that the record is reopened as established in this Order. DATED this day of 2025 ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS ANTHONY DeBONE, Chair PATTI ADAIR, Vice Chair PHIL CHANG, Commissioner ORDER No. 25-038 8/26/25, 11:49 AM A: Main More housing we do not need GUEST COLUMN BY PHIL CHANG Last week in a 2-to-1 vote Deschutes County Commissioners Tony Debone and Patti Adair approved a new comprehensive plan that encourages building new destination resorts and rezoning of historic ranching and farmlands to build luxury 10-acre ranchettes and estates. We do need more housing in Deschutes County. But do we need more high -end destination resort houses and $2 million ranchettes? The 2024 Deschutes County rural housing profile forecasts the population of Deschutes County will increase by 91,000 people between 2022 and 2047. But most of that population growth is projected to happen within our four incorporated cities — Bend, La Pine, Redmond, and Sisters. The population of the rural unincorporated County is only forecast to grow by 5,046 people during those 25 years and then decline after. So while we need over 58,000 new units of housing in Deschutes County in the next 20 years, only a small fraction of that needs to be built outside of our incorporated cities. With an average household size of 2.43, we would only need 2,076 new homes in the unincorporated county by 2047 to accommodate 5,046 new rural residents. There are 3,784 vacant lots currently available in the rural county within existing resort areas, rural residential zones, and the communities of Tumalo and Terrebonne. 3,784 vacant lots can easily accommodate the 2,076 new rural homes needed by 2047. And the Thornburgh destination resort, recently approved again by Commissioners Debone and Adair, will add 916 more vacant lots. So we have twice the vacant rural lots needed to accommodate projected growth for the next 50 years. Nevertheless certain planning commissioners and county commissioners fought to ensure that the new Deschutes 2040 comprehensive plan would encourage creation of more destination resorts and more rural residential zoned lots. Deschutes 2040 could have directed county staff to redraw the destination resort overlay map to decrease the number of eligible properties. The new comprehensive plan could have reformed the process to rezone exclusive farm use lands to rural residential, incorporating more protections for our farmlands, declining aquifers, fish and wildlife habitat, and rural quality of life. The new comprehensive plan could have recognized that the vast majority of new homes needed in Deschutes County will be built within our four cities and used processes like rezoning to promote affordable, accessible urban neighborhoods instead of luxury rural sprawl. 1/2 ahniit•hiink 8/26/25, 11:49 AM A: Main In a community where land is so precious, why would we rezone 40 acres of exclusive farm use zoned land to build just 4 luxury ranchettes under rural residential zoning when we could instead rezone that 40 acres to bring into the urban growth boundary and then build 400 homes? Especially if those 400 homes would include cottages, duplexes, triplexes and apartments that our local workforce could afford. Last week's vote was the second time Commissioners Debone and Adair approved the Deschutes 2040 Comprehensive Plan. It was approved in a 2-to-1 vote in October 2024 but was challenged for allowing "unlimited conversion" of agricultural and forest zoned laridc to nµral residential Gvned lands and f'or allowing large concentrations of residential development in the rural county. The state required the county to "reconsider" the Comprehensive Plan, Unfortunately, minimal changes were made over the last 10 months and Deschutes 2040 still pushes luxury housing we don't need. Phil Chang is a Deschutes County Commissioner. Copyright (c) 2025 Bend Bulletin, Edition 8/22/2025 Powered by TECNAVIA Friday, 08/22/2025 Page .A05 I-Oy'y'ri , ke) 2025 Bend Bulletin, Edition 8/22/2025 about:blank 2/2 wS E S C,0& a BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, AUGUST 27, 2025 Barnes Sawyer Rooms - Deschutes Services Building - 1300 NW Wall Street - Bend (541) 388-6570 ( 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 citizeninput@deschutes.org or leaving a voice message at 541-385-1734. When in -person comment from the public is allowed at the meeting, public comment will also be allowed via computer, phone or other virtual means. Zoom Meeting information: This meeting may be accessed \ — Zoom !'Sing a phone or computer. To join the meeting via Zoom from a computer, use this link: http://bit.ly/ala dD. ® 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 oni . 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 The Board of Commissioners provides time during its public meetings for citizen input. This is an opportunity for citizens to communicate to the Commissioners on matters that are not otherwise on the agenda. Time is limited to 3 minutes. The Citizen Input platform is not available for and may not be utilized to communicate obscene or defamatory material. 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. COMMISSIONER ANNOUNCEMENTS CONSENT AGENDA 1. Approval of Document No. 2025-864, a revised intergovernmental agreement with the Oregon Department of Human Services for the funding of Developmental Disabilities Services 2. Approval of a Purchase Agreement, Dedication Deed, and Temporary Construction Easement from MHC TT, LP for Right of Way for the South Century Drive/Huntington Road Intersection Improvement Project 3. Approval of an Intergovernmental Agreement with the Oregon Youth Authority accepting funding for Juvenile Crime Basic and Diversion Services 4. Consideration of Board Signature on letter appointing Sally Compton for service on the Wolf Depredation and Financial Assistance Compensation Committee 5. Consideration of Board Signature on letter appointing Carolyn Huddleston for service on the Historic Landmarks Commission 6. Approval of the minutes of the BOCC meetings of July 29 and August 4, 2025 ACTION ITEMS 7. 9:10 AM Veteran Behavioral Health Peer Support Specialist grant from the Oregon Health Authority and request to add a limited duration1.0 FTE BH Specialist I Position August 27, 2025 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3 8. 9:20 AM Public Hearing: Dark Skies Text Amendments 9. 10:05 AM Second Reading of Ordinance No. 2025-007: Reconsideration of the Deschutes County 2040 Comprehensive Plan Update 10, 10:10 AM Deliberations: Cascades Academy Plan Amendment and Zone Change involving approximately 22.5 acres south of Tumalo and west of Highway 20 OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. EXECUTIVE SESSION At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations, ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations, ORS 192.660(2)(b), personnel issues; or other executive session categories. Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. August 27, 2025 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3