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2026-6-Minutes for Meeting December 03,2025 Recorded 1/12/2026�JYES CO G G i BOARD OF j COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541 ) 388-6570 Recorded in Deschutes County OJ2026-6 Steve Dennison, County Clerk 01 /12/2026 2:24:09 PM Commissioners' .Journal 202E-6 9:00 AM WEDNESDAY December 3, 2025 Barnes Sawyer Rooms Live Streamed Video Present were Commissioners Anthony DeBone, Patti Adair and Phil Chang. Also present were County Administrator Nick Lelack; Senior Assistant Legal Counsel Kim Riley; and BOCC Executive Assistant Brenda Fritsvold. This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website www.deschutes.org/meetings. ieetings. CALL TO ORDER: Chair DeBone called the meeting to order at 9:00 am. PLEDGE OF ALLEGIANCE CITIZEN INPUT: None COMMISSIONER ANNOUNCEMENTS: Commissioner Adair relayed comments from contractors that building in Oregon is difficult and that some companies are choosing to move and build elsewhere to avoid burdensome, costly regulations. Commissioner Chang reported on yesterday's Local Public Safety Coordinating Council meeting, saying that after a workgroup was assembled to assess juvenile detention center operations to identify alternative options for providing these services, the workgroup recommended that the County continue providing these services using reduced staffing. He explained that keeping this program local would allow juveniles to BOCC MEETING DECEMBER 3, 2025 PAGE 1 OF 12 continue to remain in connection with their families, known mental health service providers, and other community supports and resources. Commissioner DeBone attended last night's meeting of the La Pine Parks & Recreation Board, reporting that the group appointed by the BOCC is working well together. CONSENT AGENDA: Before the Board was consideration of the Consent Agenda. 1. Authorization to purchase a Caterpillar 980 Loader from Peterson Caterpillar* alcehal. Management consideration —see •- • 3. Approval of Document No. 2025-935, an Improvement Agreement for Phase E1 of the Caldera Springs Destination Resort 4. Consideration of Board Signature on letter thanking Greg Gettig for service on the Lazy River Special Road District Board 5. Approval of the BOCC meeting minutes of November 17, 2025 ADAIR: *Move Board approval of the Consent Agenda as presented after removing item 2. for separate consideration and acknowledging that the purchase price of the 980 Loader (item 1.) was reduced by $7,125.21 to $704,088.10 CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 3 - 0 2. Approval of an amendment to the contract with Oregon Beverage Services for alcohol management and sales at the Fair & Expo Center Erik Kropp, Interim Fair & Expo Director, confirmed that the recommendation of the Internal Auditor to clarify language in this contract with respect to roles and responsibilities of the County and the contractor has been addressed via a new Exhibit B. Adding that the County continues to look at whether it would be advantageous to bring alcohol sales in-house, he said the language used to extend this contract affords the County the option of terminating the contract before its end date if beverage sales were brought in-house. Noting that many people are choosing not to drink alcohol, Commissioner Adair wanted to see more non-alcoholic options offered. BOCC MEETING DECEMBER 3, 2025 PAGE 2 OF 12 Jason Unruh, the owner of Oregon Beverage Services, explained that the County supplies its own concessions which include the provision of non-alcoholic drinks. He concurred that good customer service warrants selling non-alcoholic beverages to those who want them. ADAIR: Move approval of Document No. 2025-944, an amendment to the contract with Oregon Beverage Services for alcohol management and sales at the Fair & Expo Center CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 3 - 0 Commissioner Chang said while he is comfortable moving forward with extending this contract at this juncture, he supported evaluating, over the next year or two, how to best provide this service. ACTION ITEMS: 6. Legislative Updates for 2026 Legislative Short Session Jen Patterson, Strategic Initiatives Manager, introduced Doug Riggs from Northwest Policy Advocates who provided information on the upcoming 2026 Legislative short session. Commissioner Adair reminded of the passage of HB 3135 earlier this year and encouraged property owners to coordinate with adjacent owners of property to amass a sufficient acreage for the receipt of State funding to remove junipers. In response to Commissioner Chang, Riggs said the Transient Lodging Tax bill which did not pass in the 2025 session appears to have broad support and is likely to be proposed again in the short session. Adding that this proposal is touted to help local jurisdictions meet needs in their communities, Riggs said he will provide the draft bill as soon as it becomes available. Commissioner Chang wished to closely track possible funding reductions for community corrections as well as efforts to advocate for continuing to fully fund these programs. BOCC MEETING DECEMBER 3, 2025 PAGE 3 OF 12 Saying that he has been selected to co-chair AOC's Public Safety Committee in 2026, Commissioner DeBone suggested communicating concerns regarding community corrections funding to the County's legislators at the upcoming Central Oregon legislative summit on December 15th in Redmond. Commissioner Chang spoke against efforts to repeal HB 3191, saying that because this measure provides for critical transportation maintenance and operations funding, its repeal would compel the need for a different means for funding this necessary work. Commissioner Adair said Oregon is already the fourth -highest tax -burdened state, and the tax and fee increases contained in HB 3191 would make it the second -highest. She was concerned about raising the cost of gas and said many Oregon residents lack the financial wherewithal to cover a personal emergency situation costing $400. Commissioner Chang noted that neither income taxes nor property taxes can be used for transportation needs, including projects and activities undertaken to facilitate safety. 7. Public Hearing and consideration of Order 2025-054 approving the annexation of certain property into the Redmond Fire & Rescue District Dave Doyle, County Counsel, said the petition submitted by Paul S. Kelly to annex property into the Redmond Fire & Rescue District has met every necessary requirement for approval. The public hearing was opened at 9:49 am. There being no one who wished to speak, the public hearing was closed at 9:50 am. CHANG: Move approval of Board Order No. 2025-054 approving the Paul S. Kelly annexation into the Redmond Fire & Rescue District ADAIR: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 3 - 0 8. Public Hearing and consideration of Order 2025-053 approving annexations into the Redmond Fire & Rescue District County Counsel Doyle explained that the proposed annexations involve seven petitioners who own property in one subdivision, and all of the petitions meet the necessary requirements for approval. BOCC MEETING DECEMBER 3, 2025 PAGE 4 OF 12 The public hearing was opened at 9:51 am. There being no one who wished to speak, the public hearing was closed at 9:52 am. ADAIR: Move approval of Board Order No. 2025-053 approving the Rock and River Estates annexations into the Redmond Fire & Rescue District CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 3 - 0 9. Review of an applicant -initiated text amendment to the Sunriver Community Limited District Zone Caroline House, Senior Planner, sought Board direction on a request for an applicant -initiated text amendment to the Sunriver Community Limited District Zone. Explaining that just two properties would be affected, House said the application seeks to resolve a problematic split zoning of property on which the Sunriver Boarding Stable is located with the aim of allowing an equestrian facility. House said the Board has the option of either adopting the Hearings Officer's recommendation and approving the proposal, or initiating Board review and holding a public hearing on this request. ADAIR: Move to adopt the Hearings Officer's recommendation and approve a proposed text amendment to Deschutes County Code Chapter 18.108, and direct staff to draft an ordinance effecting the amendment for the Board's consideration CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 3 - 0 10. Consideration of Order 2025-057: Consent to City of Bend Sequential Review UGB Process Nicole Mardell, Principal Planner, said as discussed in September, the City of Bend is requesting consent from the County to support a sequential review process for components of its Urban Growth Boundary (UGB) amendments to advance its 20-year growth plan which would include a UGB expansion. BOCC MEETING DECEMBER 3, 2025 PAGE 5 OF 12 Damian Syrnyk, Senior Planner for the City of Bend, explained that using a sequential review UGB process would allow the City and the County to focus on certain work in an efficient manner. In response to Commissioner DeBone, Syrnyk said the City's work plan anticipates a first phase of items will be completed at the end of 2027 with all needed work done by the end of 2029. Responding again to Commissioner DeBone, Syrnyk agreed that the City of Redmond has had success in establishing its urban reserve, adding that he was unsure if Bend will want to also establish an urban reserve. ADAIR: Move approval of Board Order No. 2025-057 consenting to the City of Bend Sequential Urban Growth Boundary Components Review Process CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 3 - 0 Mardell said the City will submit the required joint application to DLCD. 11. Application for a Continuum of Care (CoC) grant from the Homeless Leadership Coalition Connie Thomas, Homeless Outreach Services Team (HOST) supervisor, sought authorization to apply for a Continuum of Care (CoC) grant from the Homeless Leadership Coalition. If authorized by the Board, the County would seek a grant of $250,000 which, if awarded, would support a current Behavioral Health Specialist II position for 12 months through December 31, 2027. Some of the funding would be used for other purposes including indirect costs and client stabilization work. Commissioner DeBone noted that the future of the TSSA has yet to be decided as the County works to transition persons living in unsanctioned locations to the future managed camp in Redmond and possibly other sanctioned locations. In response to Commissioner Adair, Thomas said the latest count of people living at the TSSA was just over 200. HOST is on -site offering services at least two days each week, and other service providers also conduct regular outreach. CHANG: Move to authorize Behavioral Health to apply for a Continuum of Care grant from the Homeless Leadership Coalition BOCC MEETING DECEMBER 3, 2025 PAGE 6 OF 12 ADAIR: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 3 - 0 12. FY 2027 Budget Development Discussion Cam Sparks, Budget & Financial Planning Manager, reminded of strategies implemented when developing the FY 2026 Budget to achieve financial sustainability in the General Fund. She reviewed a current long-range forecast model, noting that due to the aforementioned strategies, the County is in a stronger position to absorb unanticipated costs or possible revenue losses in the future. Sparks next described the proposed approach to FY 2027 budget development and reviewed a chart which outlined various General Fund limited growth scenarios, with annual results of three different options projected out to FY 2037. Commissioner DeBone commented that previously, the County was expecting to limit budget growth for FY 2027 to 4%. Now, however, staff is recommending that the growth cap be raised to 5%. Sparks listed three decision points which will be posed to the Board on December 17th for its direction: the limit for General Fund expenditure growth for the FY 2027 budget; whether to allow consideration of special requests for General Fund departments and departments which receive General Fund transfers; and whether to cap Internal Service Fund charges at 8%, with exceptions. Commissioner Chang asked that if the Board imposes budget restrictions as it did last year, it not relax those for any department but rather adhere to them. Encouraging fiscal prudence, Commissioner Adair supported directing a 4% growth cap in FY 2027 instead of 5%. Saying that the budget is the means by which the Board makes policy choices, Commissioner DeBone stressed the importance of making certain investments. In response to Commissioner Adair, Sparks said the Deschutes Services Building will be paid off in 2032. A break was announced at 10:40 am. The meeting resumed at 10:48 am. BOCC MEETING DECEMBER 3, 2025 PAGE 7 OF 12 13. Recommendations from the District Mapping Advisory Committee to the BOCC )en Patterson, Strategic Initiatives Manager, provided an overview of the District Map Advisory Committee (DMAC) which was established by the BOCC to develop, based on guidelines provided by the BOCC, a draft district map for the election of County Commissioners following the voter -approved expansion of the BOCC from three to five positions. Patterson said the DMAC offered one evening community listening session and conducted its work over a total of ten meetings during which it considered a variety of data, including the 2020 Census population counts, registered voter counts, and precinct maps. The DMAC's final meeting on November 12th resulted in three recommendations to the Board, including that Map C be forwarded to a ballot for decision by the voters. Neil Bryant, who served as facilitator of the DMAC's meetings, spoke to the difficult and challenging task assigned to the DMAC and stressed that it is not possible to develop a perfect draft district map. He explained the decision to base the proposed map on voter registration records, saying that the County's population has grown since the 2020 Census but only the voter registration records have current information in terms of where the County's electorate resides. He said the DMAC considered many factors, including Urban Growth Boundary (UGB) boundaries, and described issues of contention, including whether to split precincts in order to draw district boundaries. Commissioner Chang expressed concern about the use of registered voter numbers instead of total population as a basis to draw district boundaries, noting that the district which is largest in terms of total population is small in the number of registered voters. He said this diminishes the representation of everyone who lives in that district, disenfranchises families with children, and fails to serve equity. He added that because the largest district is more than 10% larger than the smallest district, the requirement that the districts do not vary in size by more than 10% was not achieved. DMAC member Carol Loesche said dividing the County into five districts as proposed via Map C would result in Republicans having the political advantage although they do not constitute the largest amount of voters. Saying that the vast majority of public commenters on this subject do not want the County divided into districts, she urged the BOCC to listen to its constituents on this matter. DMAC member Matt Cyrus said the initiative to create districts has merit and makes sense. He distributed a handout which illustrated the complexity of drawing districts, said Map C conforms to the required criteria as determined by the BOCC, and detailed reasons for placing certain precincts into particular BOCC MEETING DECEMBER 3, 2025 PAGE 8 OF 12 districts. He supported basing district boundaries on the number of registered voters in each precinct to recognize and utilize the most current information available. Noting that the Tetherow destination resort is outside of a UGB, Commissioner Chang asked why this was placed in an urban district. Cyrus responded that this decision was not an issue of contention during DMAC's deliberations. Referencing the requirement that the boundaries not dissect communities of common interest, Commissioner Chang questioned placing Terrebonne in a district with Sisters, saying that Terrebonne is more aligned with Redmond than Sisters in terms of schools, health care and other factors, and Tumalo is on the other side of Redmond from Terrebonne. Cyrus responded that this was done in part due to Redmond's sizable population and also to the fact that Terrebonne is unincorporated and surrounded by a rural area which closely resembles much of the district which contains Sisters. DMAC member Melanie Kebler said after the voters of Deschutes County initiated the change of BOCC positions from partisan to non -partisan and the expansion of the Board from three positions to five, the Board issued a top -down divisive directive to create districts. She questioned why the County cannot have four districted positions and one at -large position and objected that creating districts will dilute voter choice because residents will only be able to vote for one Commissioner instead of all of them. She said it does not make sense to put part of Bend in the "South County" district and said overall, this proposal would not result in better governance. Continuing, Kebler asked why a map is being proposed at a time when Census data is outdated and said voters will be confused with regard to next May's election for four BOCC seats if a district map proposal appears on the same ballot. In response to Commissioner DeBone, Kebler said residents of incorporated areas such as Bend receive many services from the County. She added that no one has explained the benefits of creating districts and in fact she believed that doing so would serve only to disconnect and harm residents. DMAC member Ned Dempsey said DMAC focused on following the guidelines given it by the BOCC. He supported using voter registration data instead of population data because the voter data is current whereas the available population data is out-of-date and therefore not accurate. He stressed that DMAC did not review or consider any political data because the BOCC positions BOCC MEETING DECEMBER 3, 2025 PAGE 9 OF 12 are now non -partisan and in the interest of avoiding accusations of gerrymandering. Saying that some DMAC members who opposed every draft map presented did not propose any map they would themselves support, he stated his own support for Map C. Commissioner Chang asked how it can be known that Map C would not convey disproportionate partisan advantage without looking at whether or not it does. Saying that the DMAC considered eleven different maps before recommending Map C to the Board, Commissioner Adair reminded that Commissioner Chang had previously said that assigning districts would make sense. Commissioner Chang confirmed that he does support the idea of districting and the principle that every person in the County be represented by a Commissioner; however, he also believed that districting done wrong is worse than no districting at all. DMAC member Phil Henderson said the fact that the Commissioner positions are not partisan refutes accusations of gerrymandering. Adding that the County has many independent, Libertarian, and unaffiliated voters, he spoke to the need to preserve communities of common interest, explained his wish to ensure that the one-third of residents who live in unincorporated areas are represented, and said that having all positions be elected at -large would deprive many people of having a voice. Continuing, Henderson shared details of various precincts and stressed that all of the maps which were eliminated from consideration were discarded by consensus, with the result that the DMAC's choices came down to two maps. He concluded that residents would be better represented if districts are enacted. Commissioner Chang corrected that only one -quarter of the County's population lives outside of incorporated cities. Commissioner Adair said Deschutes County has many non -partisan voters and needs districts. She spoke to wanting to ensure fairness and that everyone is represented and said she understood why the preferred map has Sisters sharing a district with Terrebonne. Saying that the County provides many services to all of its citizens, Commissioner DeBone asked if the BOCC is interested in holding a public hearing on the proposed map. BOCC MEETING DECEMBER 3, 2025 PAGE 10 OF 12 In response to discussion, Commissioner Adair referred to misconceptions that the BOCC is deciding this matter when in fact the draft map will be put before voters for them to approve or reject. She stated her support for holding a public hearing on the draft map to serve transparency and combat misinformation. Following further discussion, the Board was in consensus to schedule a public hearing on the draft map. Commissioner Chang supported putting other decisions before the voters as well. CHANG: Move that the Board direct the development of a ballot measure using the Missoula County, Montana election model for consideration of advancing to the voters in 2026 There was no second to the motion. CHANG: Move that the Board direct staff to draft language for a ballot measure in 2026 to make Commissioner positions part-time There was no second to the motion. CHANG: Move that the Board put a ballot measure to the voters in 2026 capping the pay of Commissioners There was no second to the motion. Commissioner DeBone noted that the Elected Officials Compensation Board annually reviews the compensation provided to Commissioners and makes recommendations to the Budget Committee. CHANG: Move that the Board direct staff to draft language for a ballot measure to the voters in 2026 to establish term limits for Commissioners There was no second to the motion. OTHER ITEMS: None EXECUTIVE SESSION: None ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 1:13 pm. BOCC MEETING DECEMBER 3, 2025 PAGE 11 OF 12 2. , for the Deschutes Count DATED this day of ��`��9 y Board of Commissioners. ATTEST: iN40�-" RECORDING SECRETARY PATTI ADAIR, VICE CHAIR PHIL CHANG, COMMISSIONER BOCC MEETING DECEMBER 3, 2025 PAGE 12 OF 12 E S Co& o BOARD OF COMMISSIONERS MEETING DATE: December 3, 2025 SUBJECT: Legislative Updates for 2026 Legislative Short Session BACKGROUND AND POLICY IMPLICATIONS: The 2026 Oregon Legislative Session is scheduled to run from February 2, 2026 - March 9, 2026. Legislative Concept drafts were due by November 21, 2025. Doug Riggs will discuss the expected priorities of the legislators and provide updates to the County following the November 2025 Legislative Days. BUDGET IMPACTS: None ATTENDANCE: len Patterson, Strategic Initiatives Manager Doug Riggs, County Lobbyist E S Co ! BOARD OF -•�,��- COMMISSIONERS MEETING DATE: December 3, 2025 SUBJECT: Review of an applicant -initiated text amendment to the Sunriver Community Limited District Zone RECOMMENDED MOTION: Move approval of Hearings Officer's Recommendation for file 247-25-000035-TA regarding a proposed text amendment to Deschutes County Code Chapter 18.108, and direct staff to draft an ordinance for the Board's consideration. BACKGROUND AND POLICY IMPLICATIONS: Sunriver Resort has requested a text amendment to the Sunriver Community Limited District Zone to ensure the existing Sunriver Boarding Stable structure complies with County's zoning regulations. The proposed amendment will expand the allowed uses for the Sunriver Boarding Stable structure to also include the following uses permitted outright: 1. An equestrian facility; 2. A park; 3. A playground; and 4. A building or buildings each not exceeding 8,000 square feet of floor area which include any combination of: a. Retail sales, rental, and repair services commonly associated with equestrian facilities. A public hearing was held before the Deschutes County Hearings Officer on October 22, 2025, and the Hearings Officer recommended approval of the text amendment. No public comments or testimony were provided. At this time, staff is asking the Board to decide on the next step of the review. The Board can adopt the Hearings Officer's Recommendation or schedule a second hearing to take public testimony and deliberate on the applicant's request. Staff recommends the Board adopt the Hearings Officer's decision. BUDGET IMPACTS: None ATTENDANCE: Caroline House, Senior Planner MEMORANDUM TO: Board of County Commissioners FROM: Caroline House, Senior Planner DATE: November 25, 2025 RE: Work Session to discuss the BOCC's review of an applicant -initiated text amendment to the Sunriver Community Limited District Zone (File No. 247-25-000035-TA). On December 1, 2025, the Board of County Commissioners ("Board") will consider whether to initiate review of a Hearings Officer's Recommendation approving a Text Amendment to Deschutes County Code Chapter 18.108. The proposed text amendment will expand the allowed uses of the existing Sunriver Boarding Stable structure to include the uses allowed outright in the Sunriver Resort Equestrian ("RE") District. I. IMPACTED PROPERTIES Sunriver Resort's ("Applicant") proposed text amendment will only affect properties with existing structures that are partially located in both the Sunriver Community Limited ("CL") and RE Districts within the Urban Unincorporated Community of Sunriver. In total, there are two properties in Deschutes Countywith the RE District zoning designation and both properties also contain CL zoned land or abut the CL District. Sunriver Resort owns both properties and they are identified on Deschutes County Assessor's Maps 19-11-31, as tax lot 300 and 20-11-06, as tax lot 500. Tax Lot 300 is the only property with an existing structure partially located in both the Sunriver CL and RE Districts. The Applicant narrowly tailored the requested text amendment to address the split zoning issue of the Sunriver Boarding Stable structure on Tax Lot 300. The Sunriver Boarding Stable was approved in 2007 (ref. File No. SP-07-43). However, the land use approval is somewhat ambiguous about the approved location of the building and, the Boarding Stable structure now straddles the CL and RE District boundaries (see Figure 1 below). 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q (541) 388-6575 cr cdd@deschutes .org (@www.deschutes.org/cd Fig-ure 1= - F_xistin Structure Partiaily in the CL and RE Districts (Reference Blue Bubbled Structure) II. PROPOSAL Sunriver Resort has requested a text amendment to the Sunriver CL District to ensure the existing Sunriver Boarding Stable structure complies with County's zoning regulations. The proposed amendment will expand the allowed uses for the Sunriver Boarding Stable structure to also include the following uses permitted outright in the RE District: 1. An equestrian facility; 2. A park; 3. A playground; and 4. A building or buildings each not exceeding 8,000 square feet of floor area which include any combination of: a. Retail sales, rental, and repair services commonly associated with equestrian facilities. A public hearing was held before the Deschutes County Hearings Officer on October 22, 2025, and the Hearings Officer recommended approval of the text amendment. No public comments or public testimony were provided. 247-25-000035-TA Page 2 of 4 III. PUBLIC; COMMENTS No public comments have been submitted. IV. NEXT STEPS The Board must decide on the next steps of the review. The proposed Text Amendment meets the definition of a quasi-judicial text amendment but also has qualities of a legislative amendment. Pursuant to DCC 22.28.030(A) and DCC 22.12.050, the Board must take final action on amendments to Deschutes County Code. The subject application was processed as a quasi-judicial application and the Hearings Officer issued a recommendation, as only the Board has the authority to take final action on any Text Amendment. The Board has two options for the next steps of the review: 1. Adopt the Hearings Officer's Recommendation; or 2. Initiate review of the Hearings Officer's Recommendation and conduct a public hearing. Option 1 • Reasons to Adopt the Hearings Officer's Recommendations: - Staff and the Applicant are satisfied with the proposed code language and the Hearings Officer's recommendation. - The Text Amendment is very limited in scope and does not have broad policy implications. - No comments have been received and there have been sufficient opportunities for public participation. Members of the public were notified of the subject application through a mailed Notice of Application, posted land use sign, mailed Notice of Public Hearing, project webpage, and posting in the Bend Bulletin. If the Board decides to adopt the Hearings Officer's Recommendation, a draft Ordinance will be prepared that incorporates the Hearings Officer's. Recommendation as findings. Staff would then return to the Board for a first and second reading of that draft Ordinance approving the proposed Text Amendment. Option 2: Reasons to Initiate Board Review: - The Board may want make interpretations relating to the Hearings Officer's Recommendation and reinforce or refute some or all recommended findings in case there is an appeal to Land Use Board of Appeals review. - The Board may also choose to hold their own public hearing in order to provide additional opportunities for public input. 247-25-000035-TA Page 3 of 4 If the Board decides to initiate review of the Hearings Officer's recommendation, staff will schedule a public hearing before the Board. V. STAFF RECOMMENDATION Staff recommends the Board adopt the Hearings Officer's decision. VI. 150-DAY LAND USE CLOCK Pursuant to DCC 22.20.040(D)(1), the subject application is exempt from the 150-day land use clock. VII. RECORD The record for File No. 247-25-000035-TA is as presented at the following Deschutes County Community Development Department website: https://www deschutes or /g cd/page/247-25-000035-ta-sunriver-community-limited-district-text- amendment Attachment: 1. Hearings Officer's Recommendation (File No. 247-25-000035-TA) 247-25-000035-TA Page 4 of 4 Mailing Date: Tuesday, November 4, 2025 HEARINGS OFFICER RECOMMENDATION SUNRIVER COMMUNITY LIMITED DISTRICT TEXT AMENDMENT FILE NUMBER: SUBJECT PROPERTIES/ OWNER: APPLICANT: 247-25-000035-TA Mailing Name: SUNRIVER RESORT LIMITED PARTNERSHIP Map and Taxlots: 1911310000300 /2011060000500 Accounts: 136299 / 259336 Situs Address: 17400 DESCHUTES RD, SUNRIVER, OR 97707 Radler White Parks & Alexander, LLP ("Applicant") REQUEST: The Applicant requests approval of a text amendment of the Deschutes County Code (DCC) Section 18.108.140, Sunriver Community Limited (CL) District, to add the following new use as a use permitted outright: "3. For any structure existing as of [EFFECTIVE DATE OF ORDINANCE] that is located partially in the CL District and partially in the [Resort Equestrian] RE District, any use permitted in the RE District is also permitted in the portion of the structure in the CL District." The applicability of the proposed amendment is limited to the subject properties listed at the top of this recommendation. HEARINGS OFFICER: Gregory J. Frank STAFF CONTACT: Caroline House, Senior Planner Phone: 541-388-6667 Email: Caroline.House@deschutes.org RECORD: Record items can be viewed and downloaded from: https://www.deschutes.org/cd/page/247-25-000035-ta-sunriver- community-limited-district-text-amendment I. GENERAL FINDINGS: Applicant filed an application (Applicant's Proposal") for a text amendment as summarized above (Request Section). A Notice of Public Hearing was published consistent with the Deschutes County Code ("DCC") setting a hearing date for 1:00 p.m. on October 23, 2025 (the "Hearing"). The Hearing was held virtually and in -person (in the Deschutes Services Building — First Floor — Barnes & Sawyer Rooms, 1300 NW Wall Street, Bend, OR 97703). Present at the Hearing were Deschutes County staff, Gregory J Frank ("Hearings Officer") and representatives of the Applicant. No person testified at the Hearing, either virtually or in person, in opposition or neutral to the Applicant's Proposal. Deschutes County Staff Planner Caroline House ("House") provided a presentation/overview of Applicant's Proposal and Staff's analysis of Applicant's Proposal. Attorney Steven Hultberg ("Hultberg") appeared at the Hearing and provided a brief summary of Applicant's Proposal. Hultberg requested the Hearings Officer adopt the analysis and conclusions set forth in the Staff Report, Sunriver Community Limited District Text Amendment (Staff Report") The Staff Report, in the Conclusion and Recommendation section, stated the following: "Based on the findings above, staff believes the proposed text amendment complies with the applicable criteria of DCC Title 18, DCC Title 22, DCC Title 23 and the applicable sections of OAR. Staff requests the Hearings Officer determine if the Applicant has met the burden of proof necessary to justify the proposed text amendment." The Hearings Officer reviewed the Staff Report and other documents contained in the public record. The Hearings Officer finds the Staff Report correctly identified relevant approval criteria. The Hearings Officer finds Staff's analysis of the relevant approval criteria and evidence in the record is factually and legally supportable. The Hearings Officer concurs with the first sentence of the Staff's above quoted conclusion and therefore finds that Applicant's Proposal has met the legally mandated burden of proof to merit approval. The Hearings Officer incorporates the Staff Report (attached to this Hearings Officer Recommendation) as additional findings and conclusions. II. RECOMMENTATION: The Hearings Officer recommends approval of Applicant's Proposal. Gregory J. Frank Deschutes County Hearings Officer Attached: Staff Report for 247-25-000035-TA STAFF REPORT SUNRIVER COMMUNITY LIMITED DISTRICT TEXT AMENDMENT FILE NUMBER: 247-25-000035-TA SUBJECT PROPERTIES/ OWNER: Mailing Name: SUNRIVER RESORT LIMITED PARTNERSHIP Map and Taxlot: 1911310000300 /2011060000500 Account: 136299 / 259336 Situs Address: 17400 DESCHUTES RD, SUNRIVER, OR 97707 APPLICANT: Radler White Parks & Alexander, LLP ("Applicant") REQUEST: The Applicant requests approval of a text amendment of the Deschutes County Code (DCC) Section 18.108.140, Sunriver Community Limited (CL) District, to add the following new use as a use permitted outright: "3. For any structure existing as of [EFFECTIVE DATE OF ORDINANCE] that is located partially in the CL District and partially in the [Resort Equestrian] RE District, any use permitted in the RE District is also permitted in the portion of the structure in the CL District." The applicability of the proposed amendment is limited to the subject properties listed at the top of this staff report. STAFF CONTACT: Caroline House, Senior Planner Phone: 541-388-6667 Email:.Caroline,House@deschutes.org RECORD: Record items can be viewed and downloaded from: https://www.deschutes.org/cd/page/247-25-000035-ta-su n river - community -limited -district -text -amendment 1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 A, (541) 388-6575 C&@deschutes .org wwQdeschutes.org/cd 1. APPLICABLE CRITERIA: Deschutes County Code (DCC) Title 18, Deschutes County Zoning Ordinance: Chapter 18.108, Urban Unincorporated Community Zone - Sunriver Chapter 18.136, Amendments Title 22, Deschutes County Development Procedures Ordinance Title 23, Comprehensive Plan Chapter 1, Comprehensive Planning Chapter 4, Urban Growth Management Oregon Administrative Rules (OARs) OAR 660-012, Transportation Planning OAR 660-015, Statewide Planning Goals and Guidelines OAR 660-022, Unincorporated Communities II. BASIC FINDINGS: SITE DESCRIPTION: The Applicant's proposed text amendment will only affect properties with existing structures that are partially located in both the CL and RE Districts within the Urban Unincorporated Community of Sunriver. In total, there are only two properties in Deschutes County with the RE District zoning designation and both properties also contain CL zoned land or abut the CL District. These properties are identified on Deschutes County Assessor's Maps 19-11-31, as tax lot 300 and 20-11-06, as tax lot 500 (see Figure 1 below). Sunriver Resort Limited Partnership (L.P.) owns both tax lots and below staff provides a more detailed site description for each tax lot. Tax Lot 300 This +/-104-59-acre irregularly shaped property is split zoned RE District, CL District, and Resort Marina (RA) District in the Urban Unincorporated Community of Sunriver. In addition, the Airport Safety (AS) and Landscape Management (LM) Combining Zones and Sunriver Flood Plain District (SUFP) apply to this tax lot. The southeast lot line abuts River Road, a private local road, and Deschutes Road, also a private local road, bisects the northern third of the tax lot. Paved recreational paths are established along the east lot line and southern areas of the tax lot. The north lot line and portions of the west lot line abut the Deschutes River. The Sunriver Resort Marina is established on the northern third and the Sunriver Stables are established on the south-central area of the property. Most of the Sunriver Stables structures are located entirely in RE District. However, there is one existing equestrian stable structure located partially in the CL District and partially in the RE District (see Figure 2 below). According to the FEMA Flood Insurance Rate Map (FIRM) for Deschutes County and the Local Wetlands Inventory, respectively, this property is partially located in the 100-year flood plain and contains significant areas of jurisdictional wetlands. Tax Lot 500 This +/- 26.40-acre irregularly shaped property is entirely zoned RE District. The AS and LM Combining Zones and the SUFP also apply. The east lot lines abut River Road and the west lot lines abut the 247-25-000035-TA Staff Report Page 2 of 23 Deschutes River. Paved recreational paths are established along the west lot lines abutting the Deschutes River. The remaining areas of the property appear to be undeveloped and there do not appear to be any structures on this tax lot. According to the FEMA FIRM and the Local Wetlands Inventory, respectively, this property is partially located in the 100-year flood plain and contains significant areas of jurisdictional wetlands. Figure 1 - Subject Properties & Base Zone Designations 247-25-000035-TA Staff Report Page 3 of 23 Figure 2 - ExlStln structure on Tax Lot 300 Partially in the CL and RE Districts (Reference Blue Bubbled Structure) PROPOSAL: The Applicant's Burden of Proof includes the following background on why this text amendment has been requested: The applicant represents Sunriver Resort Limited Partnership, the owner of the Sunriver Stables, located at 57215 River Rd, Sunriver, OR 97707. The minor text amendment proposed in this application is intended to address an existing boarding stable building (the "Boarding Stable") that appears to straddle the line between the SU-CL (Sunriver - Community Limited) and SU-RE (Sunriver - Resort Equestrian) zones. The proposed text amendment is narrowly tailored to address the split zoning issue of the Boarding Stable that staff recently brought to our attention. The Boarding Stable itself was approved in 2007 in County Land Use Case File No. SP-07-43 (the "2007 Approval"). However, the 2007 Approval is ambiguous about the approved location of the new building and, as far as we and staff can tell, the Boarding Stable today straddles the zoning boundary line. The erroneous location was not identified by the County in its inspections at the time of construction nor by the owner in the 18 years since the 2007 approval of the Boarding Stable. Although we have not been able to identify the precise cause of this issue, the applicant hopes that this text amendment can bring resolution to the issue staff have brought to our attention. The Applicant's Burden of Proof includes the following information on the proposed language of the text amendment: 247-25-000035-TA Staff Report Page 4 of 23 The applicant proposes the following amendment to the text of Deschutes County Code ("DCC') Title 18, Chapter 18.108, Sunriver - Community Limited zone ("CL"). The proposed change would permit existing structures that straddle the zoning boundary between the CL zone and an abutting Sunriver - Resort Equestrian zoned area (" RE') to conduct the use permitted in the RE zone in the portion of the structure in the CL zone. To the applicant's knowledge, the only existing structure that straddles those two zoning boundaries in the county is the Boarding Stable approved in the 2007 Approval. The amendments would not remove text from the code, and would add the following text, indicated in blue underline: 18.108.140 Community Limited; CL District A. Uses Permitted Outright. The following uses are permitted outright: 1. Picnic and barbecue areas, including picnic tables and benches. 2. Recreational path 3. For anv structure existing as of rEFFECTIVE DATE OF ORDINANCE] that is located partially in the CL District and partially in the RE District any use permitted in the RE District is also permitted in the portion of the structure in the CL District. As the relevant text only applies to an existing structure "partially in the CL District and partially in the RE District", the proposed amendment is limited in applicability to locations where the CL and RE districts are abutting. To the applicant's knowledge, and consistent with the zone's special purpose for the Sunriver community, the RE district is only applied to lands in the area to the west of the Sunriver Airport, where it abuts the CL district to the north and south, as shown on the following page. Staff finds the proposed text amendment will expand the uses permitted outright, for the portion of the existing structure in the CL District, to also include: • An equestrian facility; • A park; • A playground; and • A building or buildings each not exceeding 8,000 square feet of floor area which include any combination of: o Retail sales, rental, and repair services commonly associated with equestrian facilities. Lastly, staff notes all uses permitted outright under DCC 18.108.140(A) are subject to the applicable provisions of DCC 18.116 and DCC 18.124. Based on the Applicant's response above, the Applicant is not proposing to "remove text from the code" and these provisions would continue to apply. PUBLIC AGENCY COMMENTS: The Planning Division mailed notice on February 5, 2025, to several public agencies and received the following comments: 247-25-000035-TA Staff Report Page 5 of 23 Deschutes County Building Division, Randy Scheid NOTICE: The Deschutes County Building Safety Divisions code mandates that Access, Egress, Setbacks, Fire & Life Safety, Fire Fighting Water Supplies, etc. must be specifically addressed during the appropriate plan review process with regard to any proposed structures and occupancies. Accordingly, all Building Code required items will be addressed, when a specific structure, occupancy, and type of construction is proposed and submitted for plan review. Deschutes County Transportation Planner Tarik Rawlings (August 6, 2025, Revised Comments) I have reviewed the transmittal materials for 247-25-000035-TA for a text amendment request to DCC 18.108.140 (Sunriver Community Limited (CL) District) to add the following as a use permitted outright: "3. For any structure existing as of [EFFECTIVE DATE OF ORDINANCE] that is located partially in the CL District and partially in the RE District, any use permitted in the RE District is also permitted in the portion of the structure in the CL District." The proposed text amendment is limited to the following properties, totaling 130.99 acres within the Sunriver Resort Equestrian District (SURE), Sunriver Flood Plain District (SUFP), Sunriver Community Limited District (CL), Sunriver Resort Marina District (SURA), Flood Plain (FP) Zone, and the Airport Safety (AS) and Landscape Management (LM) Combining Zones: Mailing Name: SUNRIVER RESORT LIMITED PARTNERSHIP Map and Taxlot: 1911310000300 /2011060000500 Account: 136299 / 259336 Situs Address: 17400 DESCHUTES RD, SUNRIVER, OR 97707 I have reviewed the application materials for potential Transportation Planning Rule (TPR) effects. While the proposal would effectively allow some form of structural development where there is currently no allowance, the location of the subject zoning districts (SURE, SUCL) within the larger Sunriver Urban Unincorporated Community (UUC) demonstrates compliance with the allowable uses for UUCs as defined in OAR 660-022-0010 and further described in OAR 660-022-0040. Overall, the proposed amendments appear to comply with TPR provisions. Staff has also reviewed the proposed amendments against the Sunriver UUC goals and policies outlined in the draft Deschutes County 2040 Comprehensive Plan (Chapter 11), and the current 2010-2030 Deschutes County Comprehensive Plan and finds that the proposal appears to comply with the various initiatives outlined therein and produces no foreseeable adverse effects. Any subsequent development on the subject properties may require transportation analysis pursuant to DCC 18.116.310, produced by an Oregon -certified Transportation engineer, if 247-25-000035-TA Staff Report Page 6 of 23 and when such development is proposed. As the property's adjacent roadways are private roadways, staff finds the access permit requirements of DCC 12.28.050 do not apply. Board Resolution 2024-038 sets a transportation system development charge (SDC) rate of $5,856 per p.m. peak hour trip. As the proposal is a legislative amendment and no development is included, no SDCs apply to the subject proposal. Oregon Department of Aviation, Brandon Pike Thank you for providing the opportunity for the Oregon Department of Aviation (ODAV) to comment on file number(s): 247-25-000035-TA ODAV has reviewed the proposal and prepared the following comment(s): In accordance with FAR Part 77.9 and OAR 738-070-0060, future development at this site may be required to undergo aeronautical evaluations by the FAA and ODAV. The applicant can use the FAA's Notice Criteria Tool to determine which proposed structures (including any cranes or other tall construction equipment) warrant a notice of construction. If so, they are required to provide separate notices of construction to both the FAA and ODAV. The applicant should receive the resulting aeronautical determination letters from the FAA and ODAV prior to approval of any building permits. 2. The height of any new structures, trees, and other planted vegetation shall not penetrate FAR Part 77 Imaginary Surfaces, as determined by the FAA and ODAV. 3. The subject property appears to be located partially under the transitional surface of Sunriver Airport. Pursuant to the State of Oregon's Airport Land Use Compatibility Guidebook, some forms of development are not considered compatible land uses when located near a public -use airport. Per Table 3-4: Compatible Land Uses per FAR Part 77 Surfaces and FAA Safety Areas, the following land uses are identified as incompatible developments when located under the transitional surface of public -use airports: residential uses, places of public assembly, most recreational uses, and resource production and extraction uses. ODAV does not recommend approval of development which is found to be in conflict with the Airport Land Use Compatibility Guidebook. The applicant is advised to contact Brandon Pike, Aviation Planner with ODAV (see contact information below) to discuss potential aviation -related concerns or limitations with the property. Please reach out if you have questions or concerns. I'm available if the applicant has any questions or wants our input at this stage. 247-25-000035-TA Staff Report Page 7 of 23 The Applicant contacted ODAV and, in response to that communication, ODAV provided the following additional comments on February 25, 2025: Thank you for providing this clarifying information. It's helpful to know the background and purpose of the application. These comments are partially intended to alert the property owner and/or applicant about the potential considerations that may need to be taken into account when owning and developing property near a public -use airport. So, while there is no new development proposed with this application, we include this information (specifically calling out future development) to ensure it enters the record and alerts the owner and future developers of these potential implications. ODAV does not oppose the text amendment as proposed, so long as the considerations we've identified are recognized for future development. The following agencies did not respond to the notice: Deschutes County Assessor, Deschutes County Code Enforcement, Deschutes County Onsite Wastewater Division, Deschutes National Forest, Oregon Department of Fish & Wildlife, Oregon Parks & Recreation, Sunriver Airport Manager, Sunriver Fire Department, Sunriver Owners' Association, Sunriver Utilities, and US Fish & Wildlife. PUBLIC COMMENTS: The Planning Division mailed notice of the application to all property owners within 250 feet of the subject properties on February 5, 2025. The Applicant also complied with the posted notice requirements of Section 22.24.030(B) of Title 22. The Applicant submitted a Land Use Action Sign Affidavit indicating the Applicant posted notice of the land use action on February 10, 2025. No public comments were received. NOTICE REQUIREMENT: On September 3, 2025, the Planning Division mailed a Notice of Public Hearing to all property owners within 250 feet of the subject property and public agencies. A Notice of Public Hearing was published in the Bend Bulletin on Sunday, September 7, 2025. Notice of the first evidentiary hearing was submitted to the Department of Land Conservation and Development on September 9, 2025. REVIEW PERIOD: According to DCC 22.20.040(D), the review of the proposed quasi-judicial text amendment application is not subject to the 150-day review clock. 247-25-000035-TA Staff Report Page 8 of 23 III. FINDINGS & CONCLUSIONS: Deschutes County Code Title 18, Deschutes Zoning Ordinance Chapter 18.136, Amendments Section 18.136.010, Amendments DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or legislative map changes shall be as set forth in DCC 22.12. A request by a property owner for a quasi-judicial map amendment shall be accomplished by filing an application on forms provided by the Planning Department and shall be subject to applicable procedures of DCC Title 22. FINDING: The Applicant, as a representative of the property owner, has requested a quasi-judicial text amendment and filed the corresponding application. The Applicant has filed the required land use application forms for the proposal. The application will be reviewed utilizing the applicable procedures contained in DCC Title 22. Considering the nature of the proposed text amendment, staff believes the County's review requires a two-step process following both quasi-judicial and legislative procedures contained in DCC Title 22. During a Hearings Officer's review of a recent applicant -initiated Text Amendment to the Airport Development (AD) zoning code', the Hearings Officer addressed this threshold question as follows: By its express terms, [DCC 18.136.0101 states that the process for a text amendment is as set forth in DCC 22.12. But DCC 22.12 broadly governs "legislative" procedures. DCC 22.04.020 defines legislative changes as follows: Legislative changes generally involve broad public policy decisions that apply to other than an individual property owner. These include, without limitation, amendments to the text of the comprehensive plans, zoning ordinances, or the subdivision or partition ordinance and changes in zoning maps not directed at a small number of property owners. As Staff points out in the Staff Report (attached to this decision as Exhibit B), the Text Amendments do not fit squarely within this definition. Further, the Code does not expressly define "text amendment" in the context of legislative changes or in the context of a quasi- judicial land use application, even though DCC 22.12.030 allows an individual to seek legislative changes through an application process. The Staff Report suggests that the Text Amendments should be processed in the same manner as a quasi-judicial plan amendment, which is governed by DCC 22.28.030, 1 Reference Deschutes County File No. 247-23-000470-TA. 247-25-000035-TA Staff Report Page 9 of 23 In support of its conclusion, Staff provides a detailed analysis under Strawberry Hill Wheelers v. Benton Co. Bd. of Comm., 287 Or 591, 601 P2d 769 (1979) ("Strawberry Hill Wheelers"). In that case, the Oregon Supreme Court set out a rnulti-factor test to determine what process applies to a land use application: Generally, to characterize a process as adjudication presupposes that the process is bound to result in a decision and that the decision is bound to apply preexisting criteria to concrete facts. The latter test alone [applying preexisting criteria to concrete facts] proves too much; there are many laws that authorize the pursuit of one or more objectives stated in general terms without turning the choice of action into an adjudication. Thus a further consideration has been whether the action, even when the governing criteria leave much room for policy discretion, is directed at a closely circumscribed factual situation or a relatively small number of persons. The coincidence both of this factor and of preexisting criteria of judgment has led the court to conclude that some land use laws and similar laws imply quasi [-]judicial procedures for certain local government decisions. Strawberry Hill 4 Wheelers at 602- 03. As Staff correctly notes, the Strawberry Hill 4 Wheelers decision sets out three factors which must be considered: 1. Is the inquiry bound to result in a decision? 2. Are there preexisting criteria that are applied to concrete facts? 3. Is the inquiry directed at a closely circumscribed factual situation or a relatively small number of persons? Although it is a close call, the Hearings Officer agrees with Staff that the three factors listed above, in this case, warrant following a quasi-judicial process for the City's Application, at least initially. At the same time, the Text Amendments carry the qualities of a legislative act. The language in DCC 22.04.020 provides that legislative changes "generally involve broad public policy decisions that apply to other than an individual property owner" (emphasis added), and that definition does not state that decisions applicable to only one individual property owner cannot be legislative. Indeed, that Code provision goes on to list examples of legislative decisions, including amendments to the text of zoning ordinances. An important component of DCC 22.12 is DCC 22.12.050, addressing final decisions. That Code provision states that "[a]II legislative changes shall be adopted by ordinance." That language does not distinguish between purely legislative changes and those legislative changes that may be processed using a quasi-judicial process. This makes sense because the DCC is adopted by ordinance, and any changes to the text of the Code would be an amendment to that adopted ordinance. it also makes sense because ORS 215.503(2) requires that "Falll legislative acts relating to comprehensive plans, land use planning or zoning adopted by the governing body of a county shall be by ordinance" (emphasis added). 247-25-000035-TA Staff Report Page 10 of 23 Based on the foregoing, I find that, in this case, the adoption of text amendments proposed by an applicant is a two-step process. In the first step of the process, the Applicant has a right under the Code to submit and to have considered an application to amend the Code's text. This phase of the process is quasi-judicial in nature and it is appropriate to have a hearing and to build a record following the principles of a quasi-judicial process. As part of that process, the Hearings Officer is addressing the application only of the County's exi[s]ting laws. The second step of the process is for the Deschutes County Board of Commissioners ("County Board') to adopt an ordinance to incorporate any text amendments to the Code. Amendments to the text of a zoning ordinance are a change in the County's law, and only the County Board can make such a change. In other words, the Hearings Officer is without authority to amend the County's Code. The Hearings Officer, however, can make a recommendation to the County Board based on what develops in the quasi-judicial phase of the process. The County Board is free to accept or to reject the Hearings Officer's recommendation. As noted above, the Strawberry Hill 4 Wheelers test requires a case -specific analysis of all three factors in combination. For the purposes of this review, staff addresses each component of the Strawberry Hill Wheelers test below: 1. Results in a Decision The Applicant has submitted an application for a text amendment. The request will result in either an approval or a denial, and a decision will be issued by the Board of County Commissioners ("Board") pursuant to DCC Title 22. As opposed to a policy change initiated by staff or decision - makers, which has a wide discretionary choice between action and inaction; the subject reauest was submitted as a land use application by the property owner and the County must take final action on it. Staff finds the subject amendment clearly meets this component of the Strawberry Hill 4 Wheelers test. 2 Preexisting Criteria Applied to Concrete Facts The subject application is being reviewed based on the preexisting criteria listed in Section I and the Applicant's submittal includes a clear and concise statement of facts necessitating the subject application. Therefore, staff finds preexisting criteria are being applied to concrete facts and the application meets this component of the Strawberry Hill Wheelers test. 3. Directed at a Small Number of Persons The Applicant's proposed text amendment will only affect properties with existing structures that are partially located in both the CL District and RE District within the Urban Unincorporated Community of Sunriver. As detailed in the Basic findings section, there is only one property with these zoning conditions (ref. Deschutes County Assessor's Map 19-11-31, tax lot 300) and the Applicant owns this property. Therefore, staff finds the proposed text amendment is directed at a small number of persons and meets this component of the Strawberry Hill Wheelers test. 247-25-000035-TA Staff Report Page 11 of 23 When the factors above are considered in combination, staff finds the Strawberry Hill Wheelers test is met and the subject text amendment can initially be reviewed as part of quasi-judicial process. As noted in Hood River Valley v. Board of Cty. Commissioners, the differentiation between a legislative and quasi-judicial process is important in order to ensure all affected parties are given a fair process. In this case, a quasi-judicial process will provide for a public hearing before a Hearings Officer and, subsequently, requires final action by the Board as part of a legislative process. Title 22, Deschutes County Development Procedures Ordinance 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: As described above, staff finds the subject application is being reviewed as part of a quasi- judicial and legislative process. The Hearings Officer is being asked to make a recommendation to the Board. The Board will ultimately approve or deny the application and, if approved, adopt an ordinance as part of a legislative process. The Planning Director has exercised their discretion not to set a hearing before the Planning Commission. Section 22.12.020, Notice. A. Published Notice 1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least 10 days prior to each public hearing. 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. FINDING: This criterion will be met as notice will be published in The Bulletin newspaper at least 10 days prior to each 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. 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: As noted in the Basic Findings section, the Applicant complied with the posted notice 247-25-000035-TA Staff Report Page 12 of 23 requirement and individual notice was mailed to property owners within 250 feet of the subject properties. D. Media notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. FINDING: Copies of the notice of hearing will be 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 Commissioners or the Planning Commission. FINDING: The Applicant has submitted the required fees and requested a text amendment. Staff finds the Applicant is granted permission under this criterion to initiate a legislative change and has submitted the necessary fee and materials. Section 22.12.040, Hearings Body. A. The following shall serve as hearings or review body for legislative changes in this order. ?. The Planning Commission. 2. The Board of County Commissioners. FINDING: As described above, the subject application is initially being processed as part of a quasi- judicial process. For this reason, this application has been referred to a Hearings Officer rather than the Planning Commission for a recommendation. The adoption of the proposed text amendment will follow a legislative process because it must be approved by the Board. For the purpose of this criterion, staff notes the application has properties of both a quasi-judicial and legislative amendment. B. Any legislative change initiated by the Board of County Commissioners shall be reviewed by the Planning Commission prior to action being taken by the Board of Commissioners. FINDING: The subject application was not initiated by the Board. Staff finds this criterion does not apply. Section 22.12.05, Final Decision. All legislative changes shall be adopted by ordinance. FINDING: Following issuance of the Hearings Officer's recommendation, the Board will ultimately decide on whether to approve or deny the proposed text amendment. If the Board approves the 247-25-000035-TA Staff Report Page 13 of 23 proposed text amendment, it will be implemented by the Board adopting an ordinance. Chapter 22.28, Land Use Action Decisions Section 22 28 030 Decision On Plan Amendments And Zone Changes. A. Except as set forth herein, the Hearings Officer or the Planning Commission when acting as the Hearings Body shall have authority to make decisions on all quasi- judicial zone changes and plan amendments. Prior to becoming effective, all quasi- judicial plan amendments and zone changes shall be adopted by the Board of County Commissioners. B. In considering all quasi-judicial zone changes and those quasi-judicial plan amendments on which the Hearings Officer has authority to make a decision, the Board of County Commissioners shall, in the absence of an appeal or review initiated by the Board, adopt the Hearings Officer's decision. No argument or further testimony will be taken by the Board. FINDING: As detailed above, staff finds the proposal should be viewed as a quasi-judicial plan amendment. For this reason, staff finds these criteria apply. This application is being referred to a Hearings Officer for a recommendation. If an appeal is not filed and the Board does not initiate review, the Board shall adopt the Hearings Officer's recommendation as the decision of the county. C. Plan amendments and zone changes requiring an exception to the goals or concerning lands designated for forest or agricultural use shall be heard de novo before the Board of County Commissioners without the necessity of filing an appeal, regardless of the determination of the Hearings Officer or Planning Commission. Such hearing before the Board shall otherwise be subject to the same procedures as an appeal to the Board under DCC Title 22. FINDING: The subject text amendment does not require a goal exception and does not concern lands designated for forest or agricultural use. For this reason, a de novo hearing before the Board is not required. D. Notwithstanding DCC 22.28.030(C), when a plan amendment subject to a DCC 22.28.030(C) hearing before the Board of County Commissioners has been consolidated for hearing before the hearings Officer with a zone change or other permit application not requiring a hearing before the board under DCC 22.28.030(C), any party wishing to obtain review of the Hearings Officer's decision on any of those other applications shall file an appeal. The plan amendment shall be heard by the Board consolidated with the appeal of those other applications. FINDING: No other application is being consolidated with the subject text amendment. Staff finds this criterion does not apply. 247-25-000035-TA Staff Report Page 14 of 23 Title 23, Comprehensive Plan Chapter 1, Comprehensive Planning Section 1 2 Community Involvement Policies Goals and Policies Goal 1: Maintain an active and open community involvement program that is accessible to all members of the community and engages the community during development and implementation of land use policies and codes. Policy 1.2.3 Encourage community participation in planning through a variety of tools and techniques, including.- b. Provide staff reports for comprehensive plan and zoning text amendments to the public in a timely manner, FINDING: The staff report for the subject zoning text amendment will be available at least 35 days prior to the initial hearing. Additionally, any subsequent staff reports will be available at least seven days prior to any public hearings. Therefore, staff finds the requirements of this policy are met. Section 1 3 Land Use Planning Policies. Goals and Policies Goal 1: Maintain an open and public land use process in which decisions are based on the objective evaluation of facts. Policy 1.3.3 Involve the public when amending County Code. FINDING: As discussed above, there will be at least one public hearing for this review, and the County has mailed and published public notices in conjunction with this review. These efforts encourage public participation as part of the review of the applicant requested County Code amendment. Chapter 4, Urban Grown Management Section 4.5, Sunriver Policies. Goals and Policies No goals have been defined for the Sunriver Urban Unincorporated Community. Policy 4.5.1 Land use regulations shall conform to the requirements of OAR 660 Division 22 or any successor: FINDING: Compliance with the requirements of OAR 660 Division 22 is addressed below. 247-25-000035-TA Staff Report Page 15 of 23 Policy 4.5.2 County comprehensive plan policies and land use regulations shall ensure that new uses authorized within the Sunriver Urban Unincorporated Community do not adversely affect forest uses in the surrounding Forest Use Zones. FINDING: No new uses within the Sunriver Urban Unincorporated Community are requested as part of the proposed text amendment. Resort District Policies Policy 4.5.15 Areas designated resort on the comprehensive plan map shall be designated resort, resort marina, resort golf course, resort equestrian or resort nature center district on the zoning map to reflect a development pattern which is consistent with resort uses and activities. FINDING: The subject properties include areas designated resort on the comprehensive plan map and designated resort equestrian on the zoning map. Staff finds the proposed text amendment to expand the uses allowed in the CL District to match the RE District will ensure the development pattern on the subject properties is consistent with the existing resort equestrian uses and activities. The proposed text amendment does not allow a new development pattern because the proposed text amendment is expressly limited to existing structures as of the effective date of the ordinance. Community District Policies Policy 4.5.19 Areas designated community on the comprehensive plan map shall be designated communitygeneral, community recreation, community limited or community neighborhood district on the zoning map to reflect a development pattern which is consistent community uses and activities. FINDING: The subject tax lot 300 includes areas designated community on the comprehensive plan map and community limited district on the zoning map. The proposed text amendment to expand the uses allowed in the CL District to match the RE District will ensure the development pattern on the subject properties is consistent with the existing resort equestrian uses and activities. The proposed text amendment does not allow a new development pattern because the proposed text amendment is expressly limited to existing structures as of the effective date of the ordinance. Policy 4.5.20 Lands designated community shall be developed with uses which support all facets of community needs, be they those of year-round residents or part- time residents and tourists. FINDING: The subject tax lot 300 includes lands designated community. The proposed text amendment is requested to ensure the Sunriver Boarding Stable can continue to be used by the community, including year-round or part-time residents and tourists. Policy 4.5.21 Development shall take into consideration the unique physical features of the community and be sensitive to the residential development within which the community areas are interspersed. 247-25-000035-TA Staff Report Page 16 of 23 FINDING: The proposed text amendment allows for a limited expansion of uses allowed in existing structures to align with the current development in the Urban Unincorporated Community of Sunriver. No changes to the unique physical features of the community are proposed. Additionally, the County provided notice to all neighbors within 250 feet of the subject property, and the Applicant posted a proposed land use sign on the subject properties. No comments or concerns were raised related to the development associated with the proposed text amendment and the residential development in the Urban Unincorporated Community of Sunriver. Staff also notes the closest residential district is +/-3,000 feet from the existing structure on the subject tax lot 300. Therefore, staff finds development associated with the proposed text amendment will comply with this policy. OREGON ADMINISTRATIVE RULES Chapter 660, Division 12, Transportation Planning OAR 660-012-0060, Plan and Land use Regulation Amendments. (1) if an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule. A plan or land use regulation amendment significantly affects a transportation facility if it would. (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan), (b) Change standards implementing a functional classification system, or (c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based on projected conditions measured at the end of the planning period identified in the adopted TSP. As part of evaluating projected conditions, the amount of traffic projected to be generated within the area of the amendment may be reduced if the amendment includes an enforceable, ongoing requirement that would demonstrably limit traffic generation, including, but not limited to, transportation demand management. This reduction may diminish or completely eliminate the significant effect of the amendment. (A) Types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; (B) Degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the TSP or comprehensive plan; or 247-25-000035-TA Staff Report Page 17 of 23 (C) Degrade the performance of an existing or planned transportation facility that is otherwise projected to not meet the performance standards identified in the TSP or comprehensive plan. FINDING: Deschutes County's Senior Transportation Planner reviewed the proposed text amendment and did not identify any significant effects on existing or planned transportation facilities (ref. Agency Comments in the Basic Findings section). Additionally, no new structures are authorized as part of the proposed text amendment, as the proposed code changes only apply to existing structures, and, it would be reasonable to assume there will be limited to no additional transportation impacts. For these reasons, staff finds the proposed amendment will not significantly affect an existing or planned transportation facility and compliance with the Transportation Planning Rule has been effectively demonstrated. Chapter 660, Division 15, Statewide Planning Goals and Guidelines FINDING: The Statewide Planning Goals and the Applicant's findings are quoted below: Goal 1: Citizen Involvement To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. RESPONSE: The amendments do not propose to change the structure of the County's citizen involvement program. Notice of the proposed amendments will be provided through notice of public hearings in the "Bend Bulletin" newspaper and other notice will be provided, as discussed above. The two public hearings on this application will provide the opportunity for any resident to participate in the land use process: Goal 1 is met: Goal 2: Land Use Planning Part I - Planning. To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual base for such decisions and actions. RESPONSE: Goals, policies, and processes related to this application are included in the Quasi-judicial and Legislative Modified Procedure, Deschutes County Comprehensive Plan, Title 23, and Deschutes County Code, Title 18 and Title 22. Compliance with these processes, policies, and regulations are documented within the subject application. Goal 2 is met. Goal 3: Agricultural Lands To preserve and maintain agricultural lands. RESPONSE: No lands will be rezoned as part of this application, furthering the purpose of Goal 3. Neither RE or CL are exclusive farm use zones nor does either zone allow agricultural uses. DCC 18.108.090 (RE zone does not allow agricultural uses); DCC 18.108.140 (CL zone does not allow agricultural uses). 247-25-000035-TA Staff Report Page 18 of 23 Goal 3 is not applicable. Goal 4: Forest Lands To conserve forest lands by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. RESPONSE: No lands will be rezoned as part of this application, furthering the purpose of Goal 4. Neither RE or CL are forest zones nor does either zone allow forest practice uses. DCC 18.108.090 (RE zone does not allow forest practice uses); DCC 18.108.140 (CL zone does not allow forest practice uses). Goal 4 is not applicable. Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources To protect natural resources and conserve scenic and historic areas and open spaces. RESPONSE: The amendments do not propose to change open spaces, scenic or historic areas, or natural resources. Both zones involved in this proposed amendment are located in the Sunriver Urban Unincorporated Community only. Moreover, the proposed amendment only applies to existing structures as of the date of the ordinance, and therefore does not impact any existing open spaces or undisturbed natural resources. Canal 1; is mPt Goal 6: Air, Water and Land Resources Quality To maintain and improve the quality of the air, water and land resources of the state. RESPONSE: The proposed text amendment will not impact the quality of the air, water, or land resources. Goal 6 is inapplicable or is met. Goal 7: Areas Subject to Natural Disasters and Hazards To protect people and property from natural hazards. RESPONSE: The proposed amendment will not affect the County's regulation of areas subject to natural disasters or hazards. Goal 7 is not applicable. 247-25-000035-TA Staff Report Page 19 of 23 Goal 8: Recreational Needs To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. RESPONSE: To the extent that Goal 8 is applicable to the subject application, the amendment will allow the recreational equestrian zone to apply to the limited circumstance of existing buildings that cross from the equestrian zone into the CL zone. This will allow Deschutes County citizens and visitors to continue to access equestrian recreational opportunities in those existing buildings. Goal 8 is met. Goal 9: Economic Development To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. RESPONSE: The proposed text amendment complies with Goal 9 because it will permit the existing resort equestrian area's economic activities to continue in existing buildings that were built into the CL zone. Goal 9 is met. Goal 10: Housing To provide for the housing needs of citizens of the state. RESPONSE: The subject application does not propose to change any regulations related to housing, as housing is not allowed in either the CL or RE zones. Goal 10 is not applicable. Goal 11: Public Facilities and Services To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. RESPONSE: The proposed text amendment will have no effect on the provision of public facilities and services. Goal 11 is not applicable. Goal 12: Transportation To provide and encourage a safe, convenient and economic transportation system. RESPONSE: The proposed amendment will not impact transportation facilities within the County. 247-25-000035-TA Staff Report Page 20 of 23 Goal 12 is not applicable. Goal 13: Energy Conservation To conserve energy. RESPONSE: As the proposed amendment only applies to existing structures, it will not have any impact on the conservation of energy. Goal 13 is not applicable. Goal 14: Urbanization To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. RESPONSE: Goal 14 concerns the provision of urban and rural land uses to ensure efficient use of land and livable communities. The proposed amendment does not amend an urban growth boundary and the uses that would be allowed in the portion of a structure in a CL district are already allowed in the RE district. The uses in the RE district are related to the equestrian zoning, and are not "urban" uses under Goal 14. Goal 14 is met. Goals 15-19 RESPONSE: Goals 15 through 19 are not applicable as they all related to waterbodies outside the County (Goal 15 Willamette River Greenway; Goal 16 Estuarine Resources; Goal 17 Coastal Shorelands; Goal 18 Beaches and Dunes; and Goal 19 Ocean Resources). Staff generally accepts the Applicant's responses and finds compliance with the applicable Statewide Planning Goals has been effectively demonstrated. Chapter 660, Division 22, Unincorporated Communities OAR 660-022-0030, Planning and Zoning of Unincorporated Communities. (6) County plans and land use regulations shall ensure that new or expanded uses authorized within unincorporated communities do not adversely affect agricultural or forestry uses. FINDING: The proposed text amendment does not create new uses in the Urban Unincorporated Community of Sunriver. However, it does allow for an expansion of uses authorized in the RE District for existing structures located in both the RE and CL Districts. Based on the submitted application 247-25-000035-TA Staff Report Page 21 of 23 materials and staffs review of County records, there is only one existing structure that meets these criteria - a horse boarding stable constructed in 2007 (see Figure 2). The Deschutes National Forest abuts the subject properties, and staff find this tract is likely engaged in forestry uses. The Planning Division mailed notice of the proposed text amendment to Deschutes National Forest, and no comments/concerns were raised. The existing structure on the subject tax lot 300 is setback more than 300 feet from the closest boundary of the Deschutes National Forest. Staff finds this separation ensures there are no adverse effects on forestry uses. Besides the agricultural uses occurring on the subject property, there do not appear to be any nearby agricultural uses. Nevertheless, staff finds two out of the three expanded uses (i.e. an equestrian facility or building used for retail sales, rental, and repair services commonly associated with equestrian facilities) are agricultural uses. Therefore, staff finds these two expanded uses are compatible. Moreover, the proposed text amendment is specific to the allowed uses of existing structures, which significantly reduces any potential impacts on surrounding agricultural or forestry uses. Considering all these factors, staff finds the expanded uses authorized requested as part of this text amendment will not adversely affect agricultural or forestry uses. (8) Zoning applied to lands within unincorporated communities shall ensure that the cumulative development. (A) Will not result in public health hazards or adverse environmental impacts that violate state or federal water quality regulations; and (B) Will not exceed the carrying capacity of the soil or of existing water supply resources and sewer services. FINDING: The proposed text amendment only applies to existing structures. As noted in this staff report there icy only one existing structure lire that qualifies for the expanded uses allowed under proposed text amendment. This existing structure has been permitted by Deschutes County and is connected to the community water and sewer system in Sunriver. Therefore, staff finds the proposed text amendment ensures the cumulative development will not result in public health hazards or adverse environmental impacts that violate state or federal water quality regulations, and it will not exceed the carrying capacity of the soil or of existing water supply resources and sewer services. 247-25-000035-TA Staff Report Page 22 of 23 IV. CONCLUSION & RECOMMENDATION: Based on the findings above, staff believes the proposed text amendment complies with the applicable criteria of DCC Title 18, DCC Title 22, DCC Tile 23, and the applicable sections of OAR. Staff requests the Hearings Officer determine if the Applicant has met the burden of proof necessary to justify the proposed text amendment. DESCHUTES COUNTY PLANNING DIVISION Written by: Caroline House, Senior Planner Ayq6 1 tvQ— Reviewed by: Anthony Raguine, Principal Planner 247-25-000035-TA Staff Report Page 23 of 23 BOARD OF COMMISSIONERS MEETING DATE: December 3, 2025 SUBJECT: Application for a Continuum of Care (CoC) grant from the Homeless Leadership Coalition RECOMMENDED MOTION: Move to authorize Health Services to apply for a Continuum of Care grant from the Homeless Leadership Coalition. BACKGROUND AND POLICY IMPLICATIONS: The number of people experiencing unsheltered homelessness is at an all-time high. People living on the streets and in encampments have high rates of substance use disorder and mental illness. According to a nationwide study, 75% of people experiencing unsheltered homelessness report a substance use disorder and 78% report a mental health condition. The study found that substance use disorder contributed to the loss of housing for 50% of the unsheltered population, and mental health conditions contributed to loss of housing for 51 % of the population. Funding Opportunity The US Department of Housing and Urban Development (HUD) provides funding for homeless programs through a Continuum of Care (CoC) Notice of Funding Opportunity (NOFO) process. The CoC Program is designed to promote a community -wide commitment to the goal of ending homelessness. The goals and objectives of the funding are: • Ending the crisis of homelessness • Prioritizing treatment and recovery Advancing public safety Promoting self-sufficiency Organizations which receive this grant are instructed to prioritize projects which offer the treatment and services people need to recover and regain self-sufficiency. These include on -site behavioral health treatment, robust wraparound supportive services, and participation requirements. The Central Oregon Homeless Leadership Coalition (HLC) is Central Oregon's designated CoC organization. In partnership with the Central Oregon Intergovernmental Council (COIC), HLC is applying for the HUD's 2025 Continuum of Care (CoC) Program Grant and is requesting project applications. HOST Project Deschutes County's Homeless Outreach Services Team (HOST) provides street outreach and mobile treatment services to encampments and congregate sites throughout Deschutes County with the goal of stabilizing and supporting individuals in accessing permanent housing and treatment services. A critical component of the outreach model of care delivery is "meeting the client" where they are physically, emotionally, and mentally. An outreach approach to care is predicated on the foundational idea that bringing services directly to the client is the first step in developing and maintaining a therapeutic relationship. The HOST Team is currently funded, in part, through a grant that is expiring December 31, 2026. Deschutes County Health Services is requesting approval to apply for $250,000 to continue our HOST program at its current service level. If awarded, funding will support a current Behavioral Health Specialist II position for 12 months through December 31, 2027. Additionally, funding will support some psychiatry time, client stabilization work, and 15% for indirect costs. A 25% match is required. No additional County General Funds will be requested. BUDGET IMPACTS: $250,000 revenue for the period January 1, 2027 through December 31, 2027. ATTENDANCE: Kara Cronin, BH Program Manager BOARD OF COMMISSIONERS MEETING DATE: December 3, 2025 SUBJECT: FY 2027 Budget Development Discussion RECOMMENDED MOTION: No motion. This work session provides a discussion and seeks general feedback on FY 2027 expenditure growth limits in the General Fund (GF) and on Internal Service Fund (ISF) charges. Staff will return on December 17, 2025 for Board direction. BACKGROUND AND POLICY IMPLICATIONS: The County implemented a series of strategies in FY 2026 to reset the expenditure curve and achieve structural balance and financial sustainability for the GF. 1. Expenditure growth in the GF was capped at 3.3%. 2. ISF charges were capped at 8% (actual charges were 6%). 3. $1 million of ongoing GF expenditures were reallocated to other funding sources. Without limits to expenditure growth, the County was facing a budget shortfall as early as FY 2027. However, because of these initiatives, the County saved $2.5 million in ongoing General Fund costs and successfully reset the expenditure growth curve, achieving financial sustainability beyond FY 2035. Overall, due to these strategies, the County is better positioned to absorb unforeseen costs or revenue losses. However, the long-term growth of Property Tax revenue in the GF, which comprises 84% of the fund's revenue, is limited; therefore, the County needs to ensure expenditures continue to align with revenue to maintain structural financial balance. The Budget Office has conducted several iterations of the GF long-range forecast model to determine the sustainable level of expenditure growth while maintaining financial sustainability for more than five years. Staff will present three options for Board consideration to maintain financial stability: 1. 4% growth in FY 2027; 5% in FY 2028 and beyond, achieves financial sustainability through FY 2035 (nine years). 2. 5% growth in FY 2027 and beyond, achieves financial sustainability through FY 2034 (eight years). 3. 6% in FY 2027; 5% in FY 2028 and beyond, achieves financial sustainability through FY 2032 (six years). Finance and Administration recommend Option Two, which limits growth in the General Fund to 5%. This approach allows the County to better provide core services while maintaining financial sustainability for eight years. Preliminary analysis suggests that potential savings required by General Fund departments with a baseline budget growth of 5% would be minimal, with most funds able to accommodate limited -growth savings through naturally occurring Personnel and Materials & Services (M&S) savings. Savings required for services which receive a GF transfer vary by funding source. Finance and Administration also recommend maintaining an 8% cap on ISF charges for FY 2027, though some exceptions may be authorized by the Budget Officer for items related to safety, maintenance, IT reserves, and Board of County Commissioners expansion. Staff seeks Board feedback for the proposed limited growth strategy. The Board's guidance on these items will assist staff in preparing the FY 2027 budget. Staff plan to return to the Board on December 17th for further direction. BUDGET IMPACTS: Following the Board's decision on December 17th, General Fund and ISF departments will receive baseline budget allocations reflecting the approved level of expenditure growth, enabling departments to begin developing their budgets. ATTENDANCE: Cam Sparks, Budget & Financial Planning Manager Robert Tintie, Chief Financial Officer �vTES CO BOARD OF -•,,, COMMISSIONERS MEETING DATE: December 3, 2025 SUBJECT: Recommendations from the District Mapping Advisory Committee to the BOCC BACKGROUND AND POLICY IMPLICATIONS: Ballot Measure 9-173, approved by voters in November 2024, expands the Board of County Commissioners (BOCC) from three to five members. The two new positions will be elected at -large in 2026 for an initial two-year term which will begin in January 2027. The BOCC met several times between November 2024 and May 2025 to consider transitioning from five at -large Commissioner positions to establishing individual Commissioner districts. On March 31, 2025, the BOCC voted to initiate the process of drafting Commissioner districts for voter consideration in 2026. On May 5, 2025, the BOCC majority voted to form a committee with members selected through BOCC nominations. The District Mapping Advisory Committee (DMAC) was comprised of seven appointed members The County contracted with Neil Bryant to serve as facilitator and chair. The DMAC members were as follows: Name Appointed By Bernie Brader Commissioner DeBone Ned Dempsey Commissioner DeBone Matt Cyrus Commissioner Adair Phil Henderson Commissioner Adair Andrew Kaza Commissioner Chang Carol Loesche Commissioner Chang Melanie Kebler Commissioner Chang DISTRICT MAPPING ADVISORY COMMITTEE; Meetings Orientation The DMAC convened for an orientation meeting on August 27, 2025. Weekly Meetings The DMAC met every Wednesday from September 10 to November 12, 2025, for a total of 10 meetings. The committee conducted business, drafted maps, and proved provided final DMAC recommendations to the BOCC. Meetings were scheduled from 1-3 p.m. The DMAC met once in Sisters on September 17, 2025; in Redmond on September 24, 2025; and in La Pine on October 1, 2025. All other meetings were held in Bend. Community Listening Session The DMAC held a community listening session in Bend on October 16, 2025. The meeting took place in the evening and gave members of the public an opportunity to comment on DMAC activities. Communications Website The DMAC website can be found at Deschutes.org/DMAC. Meeting schedules, materials, video recordings, draft maps, data, and other related materials are available there. Public Input Each DMAC meeting began with up to 30 minutes of public comment, limited to three minutes per person. Comments could also be emailed to dmac@deschutes.org. All emailed comments were distributed to DMAC members before each meeting and posted on the DMAC website. The DMAC held one community listening session. Data and Resources At the first DMAC meeting, committee members were given 2020 census population counts by precinct and registered voter counts by precinct as of August 26, 2025. Members were also given a county precinct map. Additional data and resources were provided over the course of the DMAC meetings. The information provided to the DMAC for their consideration included: • 2020 census population counts by city and precinct Registered voter counts by city and precinct as of March 1, 2022 Registered voter counts by city and precinct as of August 26, 2025 • Registered voter counts by city and precinct as of November 1, 2025 • Deschutes County Precinct Map • Maps of each of the 50 precincts in Deschutes County • American Community Survey (ACS) overlays for two draft maps o Overlays included: • African American Population • Hispanic/Latino Population ■ Native American Population • New Building Permits issued in Deschutes County between January 1, 2022 - October 20, 2025 o The data was presented by precinct for 2022, 2023, 2024, and 2025, and included permits issued and the number of units Map Drafting Criteria The DMAC was given a BOCC approved set of guidelines to use for its map drafting process. Over the course of the meetings, the DMAC asked the BOCC, through staff, to clarify two criteria: 1. Can the DMAC propose a map with 4 districts and one at -large seat? a. The majority of the BOCC clarified they want one draft map with five districts and no other options for consideration. 2. Due to challenges to accommodate all the map -drafting criteria, does the BOCC prefer splitting some precinct lines or increasing the targeted population range from 5% to 10%? a. The majority of the BOCC clarified that they prefer not splitting precinct lines and to update the language in section 4. b. of the criteria to read: "Maps should be drawn to approximately equal population size, to be within a 10% range between the largest and smallest district." One other issue raised and discussed by the BOCC during the DMAC process was the "Missoula Model". This model would divide the county into districts, require candidates to reside in the district they seek to represent, and keep countywide, at -large voting for all commissioner positions. A majority of the BOCC did not support adopting the "Missoula Model". The DMAC map -drafting criteria were updated on October 27, 2025, as follows: 1. Each district, as nearly as practicable, shall: a. Be contiguous b. Utilize existing precinct lines c. Not unreasonably divide communities of common interest and geographic boundaries d. Consider current growth patterns i. i.e. building permits and UGB expansions 2. No district shall be drawn for the purpose of favoring any political party, incumbent elected official or other person. 3. No district shall be drawn for the purpose of diluting the voting strength of any language or ethnic minority group. 4. Population a. The DMAC will be provided with the following three data points in a table by precinct for consideration. Staff and the GIS support team will work with the DMAC to support additional data requests as available. i. Census Population 1. Census population data is from 2020, and an updated count will not be available until 2031. ii. Voter Registration data from February 2022 (the date of the newly configured precincts based on state-wide re -districting). iii. Current Voter Registration data will be provided as requested by the DMAC. b. Maps should be drawn to approximately equal population size, to be within a 10% range between the largest and smallest district. Draft map will have five districts. Population At the precinct level, the DMAC had access to the 2020 census population and updated voter registration data. Staff did not have access to updated census estimates at the precinct level after 2020. During the October 15, 2025, DMAC meeting, a motion was made to use the updated voter registration data as the primary population data set. • The motion carried on a 4 -3 vote o In favor: Bernie Brader, Matt Cyrus, Ned Dempsey, and Phil Henderson o Opposed: Andrew Kaza, Carol Loesche, and Melanie Kebler Voter registration and census population data were provided for each draft map. Maps Over the course of its meetings, the DMAC considered 11 variations of draft district maps. During the September 17, 2025, DMAC meeting, members asked staff to create draft maps for the committee to consider and potentially use as starting points in their work. Committee members gave staff additional direction and considerations for drafting the maps. Those included: • Apply the Library Board District map in one of the draft district maps • Consider cities and unincorporated towns (i.e. Tumalo and Terrebonne) • Present at least two options for splitting the City of Bend: o north/south split o east/west split • Start with population centers • Review the State House Districts map and see if it can be applied to a Commissioner district map o After reviewing the House Districts population counts staff determined it was not viable to use this as a draft map starting point Staff considered all the information and drafted three starting maps for the DMAC, titled Maps 1, 2, and 3. The DMAC then created two new versions of Map 2 by moving precincts between districts. Those maps were initially titled 2B and 2Bv2. Members of the public also submitted maps, titled PS 1, PS 2, PS 3 and PS 4 (PS = publicly submitted). The DMAC made precinct -level edits to PS 3 and initially titled the new map as PS 3B. To reduce confusion, the DMAC changed the naming conventions to A, B, C, and so on. Ultimately, Map 2Bv2 became Map A. Map PS 3B became Map B. The DMAC then made precinct -level edits to Map B, creating a third map titled Map C. FINAL DISTRICT MAPPING ADVISORY COMMITTEE RECOMMENDATIONS TO THE BOCC: A majority of DMAC members made three recommendations to send to the BOCC: 1. The DMAC recommends the BOCC consider Map C for the district map a. In favor of the recommendation: Bernie Brader, Matt Cyrus, Ned Dempsey, and Phil Henderson b. Opposed to the recommendation: Andrew Kaza, Carol Loesche, and Melanie Kebler 2. The DMAC recommends the BOCC use a random process to number the districts a. In favor of the recommendation: Bernie Brader, Carol Loesche, Matt Cyrus, Ned Dempsey, and Phil Henderson b. Opposed to the recommendation: Andrew Kaza and Melanie Kebler The DMAC recommends to the BOCC that if voters approve the map, then redistricting should occur after the 2030 census a. In favor of the recommendation: Bernie Brader, Matt Cyrus, Ned Dempsey, and Phil Henderson b. Opposed to the recommendation: Carol Loesche and Melanie Kebler c. Abstained: Andrew Kaza NEXT STEPS: • Would the BOCC like to discuss next steps at this meeting or a subsequent meeting? o Which may include but not limited to: ■ Voting on the DMAC's three recommendations ■ Numbering districts for Map C Process and timeline BUDGET IMPACTS: N/A ATTENDANCE: Jen Patterson, Strategic Initiatives Manager Neil Bryant, DMAC Facilitator Nick Lelack, County Administrator Steve Dennison, County Clerk DMAC Comments in favor of Map C Background: Voters of Deschutes County adopted a measure to increase the number of County Commissioners from three to five. The Board voted to create possible districts to put to the voters and created an appointed District Mapping Advisory Committee (DIVIAC) to come up with a proposal for districts that meet certain criteria. After listening to hours of public testimony and considering the criteria over the course of 12 meetings, the committee narrowed the maps down to the two that most closely fit all the criteria. Of the two maps (B and C), a majority of the committee felt Map C was the better choice. The Map C option best meets all the stated criteria: 1. Each District as nearly as practicable, shall: a. Be Contiguous All of the precincts within each district are contiguous b. Utilize existing precinct lines The map utilizes precinct lines c. Not unreasonably divide communities of common interest or geographic boundaries Map C does the best job of meeting these criteria in that it groups geographic boundaries and communities of common interest. Map C divides the county into five geographic areas, comprised of North County, including Sisters, Redmond and the surrounding area, West Bend, East Bend, and South County, which includes LaPine. More specifically, Map C groups precincts 5 and 47 with adjacent communities with common streets, development patterns, and geographic locations. While precinct 8 is outside the UGB, it is made up of the Tetherow development which is adjacent to, and similar to, the Broken Top development in precinct 47. It should be noted that the Map B option would have included precinct 47, which Includes Broken Top, in the South County district. Hwy 97 creates a natural break between East and West Bend. Map B placed precinct 25 with West Bend, but precinct 25 matches the development patterns of the East Bend district and is predominantly east of Hwy 97. Map B placed precinct 12 in East Bend, but precinct 12 is a more natural fit for the North County district because it has both rural development patterns and is outside the UGB. It also helps maintain the Hispanic community common to adjacent precincts 20 and 41. Precincts 2 and 33 are the most difficult ones to place, because of the proximity to Bend and the current UGB lines. However, in order to balance population, part of the Bend area needed to be included in an adjoining district. These two precincts made the most sense because they are adjacent to the South County district, have similar development patterns, and share an African American community of interest with precincts 33 and 43. Precinct 2 also maintains a common Native American community of interest with precincts 42 and 43. d. Consider current growth patterns L i.e. building permits and UGB expansions An analysis of building permits shows strong growth potential in most of the proposed districts, with the highest number of open permits in the proposed West Bend district. 2. No district shall be drawn for the purpose of favoring any political party, incumbent elected official or other person. Based on statute prohibiting using political affiliation and the advice from county legal counsel, the committee chose not to look at the political makeup of each of the proposed districts to avoid this issue. 3. No district shall be drawn for the purpose of diluting the voting strength of any language or ethnic minority. Overall, Map C does a reasonable job of grouping ethnic minorities to avoid any dilution of voting strength. 4. Maps should be drawn to approximately equal population size, recommended to be within 5% variance between the largest and smallest district. This was the most difficult of the criteria. The Board of Commissioners expanded the criteria to 10% to avoid breaking precincts. it should be noted that the DMAC chose to utilize voter registration data rather than actual population data due to the age of the population data (2020 census) and the opinion that the voter registration data more closely reflected current population. 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MURPHY ililmillminwMURPHY a^ 0 02A PARR J COUGO, FAIFfPP _�pGK BENNY j A CHANDLER EGP* 9 Y g g '(ERPD VERYL m T HAWES. a 4 o QUEENS LARKIN, - MAHOGANY o U m LYNX VI< 1-^ �m 0� �g 41 n3m a .� ` , CALDERA .CINDER m %, VIW kr m PINECOHE O POPLAR � J �pyJLINE :-Mp\NLINE SWEETFERN Date: 2/17/2022 Senate District Congress District93 House District �i Voting Precinct Page 26 of 57 �m v'L` Deschutes County Voting Precinct 12 a, r Senate 27 House 53 Congress 5 N w TALUS COOLEY -- . 41 MARGARET — F .... z e� EGYPT w � 'CJ q x ROYA\.o N BOBWHITE VIEW 12 REPINE _RORICKx 'ATRY V/0 12 c� ANN MARGARET _. DULIN GARCIA o ti` i .. CROFOOT 8 0 N .4, O '4 ¢x W O lk2 YEOMAN ,m�mm�e�smae��utUY�eoinen . ^^.tee•—x;r—eBUTLER MARKET.... Q m $ y H G 6 LEGENOz. � . 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MONROE CARRIE �y�..N w SALDRICH: x x .. •• g o Z w �0 TAVLOR HOLLOW TREE - LYNDA BRANDOa KEYTE - VERONICA - JENNIE JO BRIAN RAY Q ECORARO - - Date: 2/18/2022 -AMSenate District Congress District House District ® Voting Precinct Page 12 of 56 6 Fm or Deschutes County Voting Precinct 12 Senate 27 House 53 Congress 2 N EF MARKET 2 Y MA - cP� � 0 0 x PEACOCK DOUGLAS z z O 21 m Y W Y o :.'.NELSON - .NELSON - NELSON N U H N Date: 2/18/2022 "- Page 13 of 56 Senate District Congress District House District im.�� 1 Voting Precinct Deschutes County Voting Precinct 2 Senate 27 House 54 Congress g 5 N oY Z S 0/S ROLEN w - GEMSTONE ��� TRAVELERS - CA o ���� 2 y Apr® POWERS =, Iee T®xw POWERS - w 25 CHASE COVEY ~ -' > g HE;. 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SLALOM MURPHY LMURPHY CD om 0\P ~ CDDEEN y$ .N AASPN: i. 151 .� S> V m G MIRAMQ. _ s a oN -CALDERA " y P� 34 x WHISTLEFO�K y� yob c z HIGH WOODS/p .. , w .......KNOTT - ... � $43 = U m f OUTBACK 2Q N z w o STORMY 21 �o STUD FILLY ORED 0� yy MARE �F P S DOBBIN Y R\RGON n HURST -Q� 3OBSIO\, i ii COYOTE � . 33 q W Q MCGILVRAY ...�. _. m Date: 2/22/2022 Senate District Congress District House District � ® Voting Precinct Page 36 of 54 il+ i ES COG�a i BOARD OF -�,�/► i COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, DECEMBER 03, 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 via Zoom using a phone or computer. • To join the meeting via Zoom from a computer, use this link: http://bit.ly/3h3ogdD. • To join by phone, call 253-215-8782 and enter webinar ID # 899 4635 9970 followed by the passcode 013510. • If joining by a browser, use the raise hand icon to indicate you would like to provide public comment, if and when allowed. If using a phone, press *9 to indicate you would like to speak and *6 to unmute yourself when you are called on. • When it is your turn to provide testimony, you will be promoted from an attendee to a panelist. You may experience a brief pause as your meeting status changes. Once you have joined as a panelist, you will be able to turn on your camera, if you would like to. Time estimates: The times listed on agenda items are estimates only. Generally, items will be heard in sequential order and items, including public hearings, may be heard before or after their listed times. CALL TO ORDER PLEDGE OF ALLEGIANCE CITIZEN INPUT 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 Authorization to purchase a Caterpillar 980 Loader from Peterson Caterpillar 2. Approval of an amendment to the contract with Oregon Beverage Services for alcohol management and sales at the Fair & Expo Center 3. Approval of Document No. 2025-935, an Improvement Agreement for Phase E1 of the Caldera Springs Destination Resort 4. Consideration of Board Signature on letter thanking Greg Gettig for service on the Lazy River Special Road District Board 5. Approval of the BOCC meeting minutes of November 17, 2025 ACTION ITEMS 6. 9:10 AM Legislative Updates for 2026 Legislative Short Session 7. 9:30 AM Public Hearing and consideration of Order 2025-054 approving the annexation of certain property into the Redmond Fire & Rescue District 8. 9:35 AM Public Hearing and consideration of Order 2025-053 approving annexations into the Redmond Fire & Rescue District 9. 9:40 AM Review of an applicant -initiated text amendment to the Sunriver Community Limited District Zone December 03, 2025 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3 10. 9:50 AM Consideration of Order 2025-057: Consent to City of Bend Sequential Review UGB Process 11. 10:05 AM Application for a Continuum of Care (CoC) grant from the Homeless Leadership Coalition 12. 10:15 AM FY 2027 Budget Development Discussion 13. 11:00 AM Recommendations from the District Mapping Advisory Committee to the BOCC OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. EXECUTIVE SESSION At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations, ORS 192.660(2)(b), personnel issues, or other executive session categories. Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. ADJOURN JIM Deschutes County encourages persons with disabilities to participate in all programs and activities. This meeting/event is accessible. Accommodations including sign and other language interpreter services, assistive listening devices, loll materials in alternate formats such as Braille, large print, electronic formats, or language translations are available upon advance request at no cost. Please make a request at least 24 hours in advance of the meeting/event by calling Brenda Fritsvold at (541) 388-6572 or send an email to brenda.fritsvold@deschutes.org. El condado de Deschutes anima a las personas con discapacidad a participar en todos los programas y actividades. Esta reunion/evento es accesible. Hay disponibles servicios de int6rprete de lengua de senas y de otros idiomas, dispositivos de escucha asistida, materiales en formatos alternativos como braille, letra grande, formatos electr6nicos, traducciones o cualquier otra adaptaci6n, con solicitud previa y sin ning6n costo. Haga su solicitud al menos 24 horas antes de la reunion/el evento Ilamando a Brenda Fritsvold al (541) 388-6572 o envie un correo electr6nico a brenda.fritsvold@deschutes.org. December 03, 2025 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3