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Home My WebLink About2013-10-07 Work Session Minutes Minutes of Board of C ommissioners’ Work Session Monday, October 7, 2013 Page 1 of 8 Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIO NERS MONDAY, OCTOBER 7 , 2013 ___________________________ Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; Nick Lelack, Cynthia Smidt, Community Development; Laurie Craghead, County Counsel; and citizen Liz Dickson, a ttorney for Central Oregon Irrigation District. Chair Unger opened the meeting at 3:35 p.m. ___________________________ 1. Discussion of Upcoming Cline Falls Power Plant Appeal Hearing . Cynthia Smidt gave an overview of the appeal, as to whether the declaring of historic is for the entire site. C entral Oregon Irrigation District filed a Code enforcement case against PacifiCorp for altering the property. Goal 5, historic resources, comes into play for this site. There are different opinions as to what is a historic resource. It was determined that some structures were historic, but the Historic Landmarks Commission considers the whole site of historic significance. The predominate issue is what a historic resource. The complicating item is the inventory note that says only the designated structure is to be considered. The memo and decision are an interpretation of a few sentences. What is not clear is the meaning of “site”; is it the name or the listing of components. Assignments of error are listed in the app eal, and the appellant feels the ESEE was improperly relied upon, ignored the plain language of the inventory, and there is no map or description for the entire site, and feels the Historic Landmarks Commission lacks authority. The appellant also sites due process errors. Minutes of Board of C ommissioners’ Work Session Monday, October 7, 2013 Page 2 of 8 Laurie Craghead stated the Bo ard has to determine what the note means and how the ESEE fits in. The ESEE does not determine whether a site is historic or if the property is just to be protected. It may fit into legislative history. Nick Lelack says staff feels the entire site was to be protected, but the note puts this into question. The Historic Landmarks Commission feels the same, as does the property owner. Commissioner Baney asked if the note should be plural. Commissioner DeBone wants to know just what they are protecting and what was changed. Mr. Lelack said Goal 5 requires significant resources be protected. The County went through processes in the 1980’and 1990’s to adopt ordinances to decide what might be protected. When the comprehensive plan was re -adopted, these stayed in place. It is the County’s own call. Some have not yet been interpreted. Commissioner DeBone stated that it appears the switchyard is the structure in question. Ms. Craghead said the Board is to decide what the site is , and it is up to Code enforcement to take it from there, if there has been a violation. Ms. Smidt said that many things have changed at the property over the years and were not addressed at the time. A staircase was removed , and other things were altered. Nothing was brought to the County’s attention before this latest change. The user may have not c onsidered this part of a historic structure. Commissioner Baney asked if utilities are regulated differently. Ms. Craghead said they are not in this case. Chair Unger asked who is expected to keep things at a certain condition; would that be the owner, the tenant or others. Who protects the resource, and at what state is the resource supposed to stay. Ms. Smidt said the owner could volunteer to take care of the property but is not required to do so . Ms. Craghead added they have to get a permit to alter the property. Mr. Lelack said the owner does no t have to maintain a property, but needs a permit for any changes. This could mean a resource could eventually be destroyed by simple neglect. Minutes of Board of C ommissioners’ Work Session Monday, October 7, 2013 Page 3 of 8 Chair Unger asked about environmental issues, such as PCB’s or other hazards near waterways , or if something was unsafe. He asked how those are taken into account. Ms. Smidt said there are some exceptions for public health and safety concerns. Mr. Lelack stated that owners are allowed to make changes to comply with federal regulations. Ms. Craghead said the applicant is attacking the 1992 regulations. They should have applied for the proper permits. Mr. Lelack stated some information applies to just one part of the site, and some refer to the entire site. Defining the site is the key issue. Commissioner DeBone asked if there are photos of the site before there were changes. Staff will try to determine what exists. Commissioner Baney asked for a copy of the ESEE and Ordinances. A hearing is set for October 21. There is no time limitation on a decision. Ms. Smidt left the meeting at this time. 2. Other Items . Mr. Anderson stated there have been ongoing discussions about the transfer development program for northern part of county (Cyrus). Mr. Lelack said that a p resentation was provided by Jon Jennings of the DLCD at the community meeting. The next work group meeting is on October 14 at the Sisters library. It is not a public meeting, but is open to the public. The next question, coming from Matt Cyrus and others, is whether the Board would support any legislative changes regarding the C ounty receiving the TDO. It has been suggested this be opened up to other counties, which would have to be outside the valley. It has basically the same criteria as that of destination resorts. This would take the pressure off the County. Minutes of Board of C ommissioners’ Work Session Monday, October 7, 2013 Page 4 of 8 Commissioner Baney said that Jefferson County representatives were at the last meeting, and indicated the TDO could come to Jefferson County. Chair Unger noted that is where they came from in the first place. Commissioner Baney stated that if this were in front of other economically disadvantaged counties, they could take the heat. Maybe they should discus s this with other entities. If they change the census data from 2009 to 2013, Deschutes County is on the list, but there are others as well. Some were already on the list and have not moved off the high unemployment rate. Chair Unger said he does not want the County to have to do this on its own. Mr. Anderson stated that Jon Jennings of DLCD should be doing this. Commissioner Baney agreed , saying that they want the County to make it easy for them. There should be some overnight accommodations there to add to the vitality of the project, but this is way beyond super-siting. Maybe the County can go on record regarding the fact that there being a lack of clarity but the State still wanting to convene is a recipe for disaster. There is no defined outcome of what is being sought. Commissioner DeBone wanted to know what is being asked, and who the respondent is . It does not seem specific. The Board is get ting opposition letters from people who think there is more being asked that maybe there really is. Mr. Lelack said that DLCD hired the facilitator, and the work group has no control over the agenda. Jon Jennings is proposing meeting dates. Mr. Lelack said they need to have something specific on the table for community meetings. Commissioner Baney asked if it is standard for the County to help with legislation or proposals. Mr. Lelack replied, not to the extent they are asking. Usually advice is about a technical perspective, with Code serving as the model. The County cannot be involved in writing legislation like this. Commissioner Baney asked what is being risked if the County says it will be involved only when there is something solid to react to. At this time, it is not a good use of time. There is a lack of clarity. She would rather respond to something specific. The County can step back until there is something solid on the table. Minutes of Board of C ommissioners’ Work Session Monday, October 7, 2013 Page 5 of 8 Mr. Anderson noted that the statement should go to the Representative. Otherwise, they are going to think the County is not helping to find any middle ground. The Board so far thinks there should be a local process. This is supported by the c ommunity as a whole. Matt Cyrus was resistant to this, and wants an entitlement and outright permitted use. It is not necessarily appropriate for the Board to s ay anything more. Some things are important to the Board, but beyond that, it is up to others. The County has a limited role. Representatives are tasked to drafting legislative language. The County needs to preserve its neutrality to have legal standing for a review. Beyond that, it is a slippery slope. Mr. Lelack said this response was summarized in a response to the legislature . Mr. Anderson noted that they are not listening. Chair Unger stated that they have a problem to fix and made some promises, but do not have staff to handle the process. Commissioner DeBone noted this is a hard spot to be in; asking for professional opinions makes it difficult. Representative Huffman wants this to move forward, so perhaps he should be contacted. A lot of people are providing feedback. Commissioner Baney said they need to know the right thing to do. She wants to be sure the TDO ’s are something the County wants. The County was not asked this, and should not just insert itself. It changes the need for them to go to the legislature if the County agrees to receive the TDO ’s. Mr. Lelack stated that this should probably be opened up to other count ies. They would still have to adjust something in regard to economic impacts. Perhaps AOC could get involved and make suggestions. He can respond to Representative Huffman and Jon Jennings regarding the Board ’s feelings on this issue. Citizens don’t know who to contact and there is a lot of confusion. He can suggest that perhaps other counties be given this opportunity through DLCD. Chair Unger added they need to look at the methodology and why Deschutes County should get these if other counties are viable. Commissioner DeBone noted that is still asking Mr. Lelack to be involved. Mr. Kropp suggested that DLCD pursue this instead of someone from the County. ___________________________ Minutes of Board of C ommissioners’ Work Session Monday, October 7, 2013 Page 6 of 8 In regard to a Goal 11 area-wide exception in south County, Mr. Lelack asked who the applicant would be, the County or DLCD. If there is an appeal later, this could be a problem. He asked how Klamath County fits into the picture. Mr. Anderson noted that it would be a paralle l process, and perhaps the two counties can do it together. ___________________________ Mark Pilliod joined the meeting at this time. Mr. Anderson presented a letter from HousingWorks regarding the issuance of bonds. Mr. Pilliod stated that they wish to issue bonds through the Central Oregon Housing Authority to facilitate the remodeling of a couple of properties. Statute authorizes them to issue bonds as an obligation of the Authority. Commissioner DeBone said NeighborImpact is selling Healy Heights to Hous ingWorks. Mr. Pilliod noted that there is s ome level o f board involvement in the Hous ing Authority. Statute is clear, though, they can do this to ob tain favorable tax treatment. One step in the process is that the IRS requires Board of Commissioners ’ approval of the certificate that allows them to move forward . They had a noticed public hearing, evidently with no testimony or comments received, so now it comes to the County. It is unusual for the Housing Authority to issue bonds, but it is permitted. Commissioner Baney said that the loan proceeds would go to Larkspur Housing as the borrower. This is different from HousingWorks. Mr. Pilliod exp lained that the Authority issues the bonds and the borrower is the LLC; this will provide revenue to service the bonds. Commissioner Baney noted that she wants to be sure no one in Ho usingWorks is part of Larkspur. She is concerned about transparency and private involvement with public funds. Chair Unger asked why the County is involved in this. Mr. Pilliod said that the c losest analogy is hospital bonding. The Hospital Authority issues the bonds for St. Charles, and it is the same correlation for tax-exempt bonds. Deschutes County is officially on that Board but there is no obligation placed on the County. Minutes of Board of C ommissioners’ Work Session Monday, October 7, 2013 Page 7 of 8 The interest is there because the County is responsible for the establishment of the Housing Authority, but this is a separate legal entity and has statutory authority to do a lot of thing, including issuing bonds. The County is not responsible for servicing the bonds and neither are its officers. It is an element in the checklist for tax treatment purposes. Commissioner Baney stated that this involves public funds, and a new executive director who is a private developer, Mr. Kemper. She wants to be clear on who gets the funds. If there is an LLC and he is a principal, the County should care. Mr. Anderson said per the letter, HousingWorks put together the plan and arranged for the rehab work, and that should be transparen t. However, it is not based on the certificate. Commis sioner Baney emphasized she does not know who is getting th e money. Mr. Pilliod noted that he spoke with bond counsel but did not ask that question. Chair Unger added that this is confusing. He wondered about whether there was a public hearing since the minutes have very little detail. Mr. Pilliod said that he has no idea how the hearing was handled, and asked the Board if they want Mr. Kemper to come to a work session to talk about this. Commissioner DeBone stated that he is not that worried about it, but it would be good to know who Larkspur is. Chair Unger as ked that Mr. Kemper be called to clarify this. Mr. Anderson said he would do so. ___________________________ Commissioner DeBone noted that geothermal is being added to the alternative energy requirements list for new construction of pub lic facilities, the 1.5% amount. Chair Unger said they are required to do some kind of similar project to offset the carbon foo tprint of whatever is being built. This comes up almost every legislative sessio n. S o me people don’t want their support of solar diluted by other forms of energy, but there should be more options. This could be brought up at the AOC regional meeting. ___________________________ Being no further discu ssion, the meeting adjourned at 5:10 p.m. DATED this Ut&vv 2013 for the )/!) Day Of_-=-U_______ Deschutes County Board of Commissioners. Alan Unger, Chair Tam~r ATTEST: Anthony DeB one, Commissioner ~~ Recording Secretary Minutes of Board of Commissioners' Work Session Monday, October 7, 2013 PageSofS Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 3:30 P.M., MONDAY, OCTOBER 7,2013 PLEASE NOTE LATER TIME 1. Discussion of Upcoming Cline Falls Power Plant Appeal Hearing -Cynthia Smidt 2. Other Items PLEASE NOTE: At any time during this 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; or ORS 192.660(2) (b), personnel issues. Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board ofCommissioners' meeting rooms at 1300 NW Wall St .• Bend, unless otherwise indicated. lfyou have questions regarding a meeting, please call 388-6572. Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call (541) 388-6572, or send an e-mail to bonnie.baker@deschutes.org. r I . I 405 SW 6th Street Redmond, OR 97756 p: 541.923.1018 f: 541.923.6441 Wel<nowlho,_'_ www.housing-works.org October 3, 2013 BY MAIL/EMAIL Board of County Commissioners Deschutes County 1300 NW Wall Street, Suite 200 Bend, OR 97701 Re: Central Oregon Regional Housing Authority Multifamily Housing Revenue Bonds (Ariel Glen and Healy Heights Projects), Series 2013 Honorable Board of County Commissioners: The Central Oregon Regional Housing Authority (the "Authority") intends to issue tax-exempt conduit revenue bonds to finance 140 units of affordable housing in Deschutes County. The purpose of this letter is to notify you of the bond issuance and, pursuant to Section 147{f)(2)(A)(ii) of the Internal Revenue Code of 1986, as amended (the "Code"), to request the approval for the bond issue from the Board of County Commissioners of Deschutes County, as the "applicable elected representative" for Deschutes County, the jurisdiction in which the Authority is issuing bonds. The Authority intends to issue its Multifamily Housing Revenue Bonds (Ariel Glen and Healy Heights Projects), Series 2013 and to loan the proceeds of the bonds to larkspur Housing llC, an Oregon limited liability company of which the Authority is the managing member. larkspur Housing llC will acquire and rehabilitate (1) the 70-unit multifamily apartment complex presently known as the Ariel Glen Apartments, located in Bend, Oregon and (2) the 70-unit multifamily apartment complex presently known as the Healy Heights Apartments, located in Bend, Oregon. I As required by the Code, the Authority published a notice in the Bend Bulletin of a public hearing for the projects and the bond issue at least two weeks in advance of the hearing. The hearing occurred on October 1, 2013. Attached for your reference are copies of the notice which was published, the affidavit of publication, and the minutes of the public hearing, along with the Certificate of County Commissioners approving the bond issue. We respectfully request that the Board of County1 I Commissioners review and execute the certificate in order to approve the bond transaction as required by the Code. J•I I OCT - 7 2013 The bond issue is scheduled to close on December 12,2013. We appreciate your review of the attached documents and return of the executed certificate at your earliest convenience. Please let me know if you anticipate any issues in meeting this schedule. Please call me or Faith Pettis of Pacifica Law Group LLP, bond counsel to the Authority, at (206) 245-1715 if you have any questions. Very truly yours, Executive Director CERTIFICATE OF BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY APPROVING BONDS ISSUED BY THE CENTRAL OREGON REGIONAL HOUSING AUTHORITY We, the Board of County Commissioners of Deschutes County, Oregon (the "County"), CERTIFY that: WHEREAS, the Central Oregon Regional Housing Authority (the "Authority") is a public body corporate and politic ofthe State of Oregon; and I I J WHEREAS, ORS 456.175 provides that a housing authority may issue bonds for any of its corporate purposes; and WHEREAS, the Authority intends to issue its Multifamily Housing Revenue Bonds (Ariel Glen and Healy Heights Projects), Series 2013 (the "Bonds"), in the aggregate principal amount of not to exceed $7,000,000 and to loan the proceeds thereof to Larkspur Housing LLC, an Oregon limited liability company (the "Borrower") of which the Authority is the managing member, in connection with the acquisition and rehabilitation of (1) the 70-unit multifamily apartment complex presently known as the Ariel Glen Apartments, located in Bend, Oregon and (2) the 70-unit multifamily apartment complex presently known as the Healy Heights Apartments, located in Bend, Oregon, and the payment of issuance costs with respect to the Bonds (together, the "Project"); and WHEREAS, a public hearing was held pursuant to the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), with respect to the Bonds on October 1, 2013, in Bend, Oregon, following timely notice being published in a newspaper of general circulation throughout the County; and WHEREAS, we have received a written summary of the public testimony; and WHEREAS, the Board of County Commissioners is a County-wide elected legislative body representing the County with respect to the approval of the Bonds for purposes of Section 147(f)(2)(A)(ii) of the Code. NOW, THEREFORE, we approve the issuance by the Authority of the Bonds, the proceeds of which will be loaned to the Borrower to finance the Project. This approval is intended to comply with the requirements of Section 147(f)(2)(A)(ii) of the Code in order to permit the issuance of the Bonds. In providing this certificate, the County shall take no financial responsibility and incur no financial liability with respect to the Authority's issuance or repayment of the Bonds. C:IUsersl\kempeMppDatalLocaiIMiaosoftIWindowsIT emporary Internet FHeslContenLOuUOOkIS819YJPE\Counly Commissioners Certificate CORHA 2013.doc nl" ,., n • .., ,.. ~ .. IN WITNESS WHEREOF, we have executed this instrument this _ day of ____ 2013. Alan Unger, County Commissioner Deschutes County, Oregon Tammy Baney, County Commissioner Deschutes County, Oregon Tony DeBone, County Commissioner Deschutes County, Oregon -4~I{tJJ LEGAL COUNSEL ~2~ FLPOJY.DOC 13110102 MINUTES OF THE PUBLIC HEARING Proposed Issuance of Tax-exempt Bonds October 1, 2013 I. Call to Order Pursuant to notice through the media and in conformance with the Public Hearings Law, Executive Director Thomas J. Kemper called the hearing to order at 3:02 p.m. II. Individuals Present Thomas 1. Kemper Lori Hill Keith Wooden III. Discussion Kemper opened the public hearing by announcing the reason for the hearing. The hearing was open to public comment regarding the proposed issuance of tax-exempt bonds by Central Oregon Regional Housing Authority dba Housing Works to finance the acquisition and rehabilitation of the Ariel Glen and Healy Heights Apartments by Larkspur Housing LLC, of which the Authority is the managing member. Estimated bond amount would not exceed $7,000,000. Both apartment complexes are located in Bend, Oregon. The hearing was opened to public testimony and written comments. There were no written comments submitted and no members of the public in attendance. . There being no public testimony or written comments the hearing was closed by Kemper at 3:07 p.m. Respectfully submitted, Lori Hill Acting Recording Secretary I I Page 1 of 1 .. Affidavit of Publication STATE OF OREGON, COUNTY OF DESCHUTES -. I, Polly Schoenhoff, a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not party to.pr interested in the above-entitled matter. I am the principal clerk of the printer of " The Bulletin 1777 SW Chandler Ave, Bend OR 97702 a daily newspaper of general circulation, published in the aforesaid county and state as defined by ORS 193,010 and ORS 193.020, that Acct Name: HOUSING WORKS Legal Description: LEGAL NOTICE, Central Oregon Regional Housing Authority dba Housing Works (the "Authority") will hold an open public hearing for the purpose of considering the issuance ... a printed copy of which is hereto affixed was published in each regular and entire issue of the said newspaper and not in any supplement thereof on the following dates, to wit: 9/15/13 . PageG5 I certify (or declare) under penalty of perjury that the foregoing is tr Dated at Bend, Oregon. this 16 day of September, 2013. AdName: 203999530 State of Oregon, County of Deschutes Subscribed and Sworn to before me this J/rJ day of • ' 2011. by hkb4 Notary Public for Oregon No. ____________________ In the _____________ Court of the ,STATE OF OREGON for the COUNTY OF DESCHUTES OFF1OJAL SEAL KENDRA LSTOKES NOTARY PUBLIOOREGON COMMISSION NO. 480590 2017 AFFIDAVIT OF PUBLICATION Filed ____________ By ______________________ From the Office of < ! '. A Discussion of the Metolius Transfer of Development Opportunities Sisters. Oregon October 1, 2013 Presentation Purpose • Provid~ generall~els of context and background. • Describe how the curr~nt discussion originat~. • Identify Workgroup and Worlcgroup functions . • Provide additional detai l regarding provisions in the existing law. • Provide a high level comparison of existing legal provisions with Deschutes County and Aspen lakes. ~. . Quick Background Overview • Metolius Area of Critical State Concern -Jefferson County, Oregon, 2009. • Metolius Transf~ of Development Opportunities (TOO's). • Interest in Resort Type Development Expansion on lands In Deschutes County. • HB 3536(2013). • ~slator contact with land Owners. Metolius Area of Critical State Concern The outstanding resources that the Land Conservation and Development Commission believes warrant spedal state protection are: • The Metolius Rtver, and the quanttty and quality of water that the rtv~r wud Ih rbh~1 ~~ ..J~~j}d (U'i • The seenk nlues of the PonderoQ pine forests, streams, buttes and ••st .Iopes of the "'scad.s that make this a special place for all visiton;and .. The wildlife resources in and around the basin, Inc:ludlll£ ~er and .11< wlnter.nd trans~1ona1 ...".•• that support Important huntl,. opportunities Ind that a", In Important tribal resource, Why We Are Here Slate l.awmak~rs ~quest to explore Oeschut~s County as receiving area for Metolius TOO's. • Proposed Legislation from 2013 session is compl~1y off the table. • legislation regarding the Metolius TOO's likely to be introduced in 2014. Metolius TDO Workgroup • Workgroup Membership • Representative John Huffman -Convener • Deschutes County -CIty of Siste .. -Aspen likes Development, UC • Aspen likes Community · Surroundine Community Members -local Real Estate Community , Deschutes County Fa rm Bureau , Central O,",on lind Watch -1000 Friends of O,",on • State A&encie-s Role of the Workgroup • Inform Legislators reprdin, possible revisions to existing law. • Operatl", under November 2013 time-frame. • Legislation may proceed or be withheld with or without Task Force recommendotlon. . • The Task Force has no authority to approve law cha",es or luthorize any development proposal. Core Workgroup Items Items to Identtfy & Understand • What Is the State Policy reprdlng the Metollus roo Low? How does the existilll Metollus roo law worl<? What lands are currently elicible 85 potential receiving area, for the the Metollus lDCYs? Possible Recommendation Items Could it make sense to revise existing law to expand possible recefvlng areas for the Metolius roo-s? If so: .. What is the minimum amount of revision necessary to expand possible rocolvl", areas for the Metollus TDO's? • Should add~lonal revisions also be considered? State Policy lSI IT; Is the pul* poIicv oftfM StN 040Aa0" to:. (,llbaIo'••ft...~~to~.th. cont:Anu.d mlMI.mW1C 04 priYWI: toretl.ndI lor tlmbet production.. (c-} Providot lor I" onMrIy .nd .ttIdenr mraltlon from nnl to ~n IJftd I6tS bV est.llbhhinl; ioalioM ~wNch ~bl 6tvNopmtI'K rirhtS or ••ptnMt opponunft," fl'J~ ff'OfIIfof'~",,*mr;'~us.d. Id) 'tOW" for. hlled ruonber of cHtftOfll5tmfon PtOtKtl IGr SMIIl-saIe reaation CGftI"'~that IAI CrUlIt ItwnliIrIs tGr KOnOnIIc dft.l'IoprMnl ~ami\hat Ire In nHd of Iona-t«m job,, tD) Pr'OW'Idt for NdIdoMIIOur'US 04~futIdItIc Ior...,..,rdship of~1 AISOUI'e&...., •• I'2CO' ,-,)etll Key Legislation • MetDflus Area of Critical State Concern • HB 3298 (2009) • RURALJOBSACT • HB 2228 (2009) • HB 3313 (2009) • HB 3572 (2011) Transfer of Development Opportunities One or Two ·Small-Scale Recreation Communities"' -A 5mal(..sale recreatlon community authorized under sections 2 to 51 chapter 636, Or1!IOn laws 2009, may be established only in conjunction with a t~nsfer of deveJopment opportunity from I Meto'lus resort site" j . , ',,, How the Existing Law Works-- • Dependant upon a number of factors desiened to protect the environment. • Only possible at certain locations within particu~r counties. • Specifies the types of uses that may and may not occur. -Requires a developer to carry out on-site and off-site measures if approval if obtained. Small-Scale Recreation Community Can CanNot "~"..I.Ind~MIf&DMdfor kftIt~."'n.nland'IIGI~tot-t.~""" ~""""""'o ...."""IRIOffcnR "'~4rI.IfIl('lCOflf.lirllIllIlPIO no ~". I •. " Small-Scale Recreation Community Mint Do's ~e"hi prirNry purpcnethe provislon of oveml&ht Iodlinl unitJ. · $1.5"'-mllll be spent by til. pn>perty 0WMf on off_""""""' enhancerMntor __ptOje<tson _rbyp"blic lanels tho. will be....., by IndMdu.b from 11M! """",,uoily. • s.tisfycrllerioft>rSUSlalnableopenlJonsand __lconsld<mIon. • Be .....ed as _ conditional use In II forat zone, and as a land diotUlon d>apler92. ~ Meet the land division standards and other developments 0' the county,un5eutheyconflld: with provistomof HB 2228 . .Water Quality • Existing water law requires a permit (rom OWRO . • Existing TOO law includes multiple provisions relating to water use and protecting water quality. Wildlife • Locally Inventoried Wildlife Habitat off Umlts. • Especially Sensitive Big Game Habitat per GoalS Off Umits. Natural Resources May not be sited In areas that are locally inventoried as: • Open space, scenic and historic areas and natural resources; • Estuarine resources ; • Coa~1 shorelands; or • Beaches and dunes. Significant natural resource functions and values on the site must be preserved . "Small-Scale Recreation Communi ty." . ':::;:,:: ~-;---- --~ ~ Natural Resources-Farm Land" , : • Lands protected to Farm & Ranch uses are not eligible for .Public Process • Subject to numerous aiterialn statute. • Subject to Local review process as a conditional use on forestland. • Subject to local land division & development standards. Potentially Eligible Counties "A small-scale reaeatlon community ._.must be sited on land that Is within a county that has, on June 29. 2009', a seasonally adjusted average annual unemployment rate over the preceding 10 calendar years that Is more than 110 percent of the unemployment rate for the entire state over the same period,as reported by the Employment Department...» • Thk areI of tIw law was rcvIud In 2011. The orIaf:twilIqiJl.Uon p.utd In 2009 dkI not Indude • spedflc dl~ List of Potentially Eligible Counties Based on Seasonally Adjusted Unemployment Rates • &~ .- "· .... . ::: .c. . · --.· ... . ......-.--w_. '.Drilling Down -Deschutes County Drilling Deeper -Aspen Lakes Summary • MetoliuslOO'S emanate (rom the Metoilus Area of Critical Sutt Concern des!anatfon. • State law ~bes wh~.where .1Ind how an appncaUon for a -Small Salt Recreation Commun~ may be .pplJed for. • Sixt~ counties, including Deschutes & Jeff~, are not eligible to reufYe the Metollus TOO"s under Q.lfTef1t law as revised In 2011. • CombIning the notion to explore comblnin, the Metolius TOO's with Aspen lakes did not orieinltt wtth e1thtr land owner. • ~ion Is lillrfy to be introduced in 2014 to revise the current law. • The TOO Worloiroup wm help .dvlce the Legisl.ture whether or not chanCes to the law mIke sense. Questions or Comments? Metolius TDO Law __ Metolius TOO Law, Cont ... .... 1e. ........ I.'.._!IOOt_-.................Itw.~~_~... MtI ~......'--.......... -....'O'S_IJI»II....,.~I., tu~.....·_... ____........... ...-.._ ..... ____• .. ~................,... 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