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HomeMy WebLinkAbout2014 - 01 (Jan) Community Development UpdateResidential development, septic evaluations, and land use applications also experienced significant increases in 2013. Specifically, CDD issued 297 single family home permits compared to 157 in 2012; performed 117 site evaluations compared to 73 in 2012; and land use application increased by over 30% compared to the previous year. Third, I want to recognize Rex Wolf and Harold Anderson who began volunteering for the CDD Code Enforcement Program in 2011. Rex and Harold assist our Code Enforcement staff by conducting field assessments, documenting existing conditions, researching issues, and keeping records. Their work directly enhances the Code Enforcement Program’s productivity and efficiency. With their assistance, our Code Enforcement team reviewed 523 permits/approvals and averted as many as 54 new cases by coordinating with property owners to comply with County Code in 2013. We wish you the best in 2014. Staff contact: Nick Lelack, Nick.Lelack@deschutes.org CCCOMMUNITYOMMUNITYOMMUNITY DDDEVELOPMENTEVELOPMENTEVELOPMENT DDDEPARTMENTEPARTMENTEPARTMENT January 9, 2014 From the Director’s Desk: CALENDAR Planning Commission 1300 NW Wall St., Bend Meeting: 1-9-14 5:3 0 p.m. Issues: Traffic Study Text Amendment, Public Hearing Non-Resource Lands Work Session Meeting: 1-23-14 5:30 p.m. Issues: Non-Resource Lands Work Session Housekeeping /Legislative Amendment Work Session Agricultural Exempt Buildings Work Session Meeting: 2-13-14 5:30 p.m. Issues: Housekeeping/Legis. Amendment Public Hearing Domestic Livestock Work Session Board of County Commissioners 1300 NW Wall St., Bend Meeting: 2-5-14 10:00 a.m. Issues: PA-13-1/ZC-13-1, NNP IV-NCR, LLC (“Newland”) Public Hearing From the Director’s Desk: Historic Landmarks Commission 1300 NW Wall St., Bend Meeting: 2-3-14 5:30 p.m. Issues: Goal 5 Historic Inventory Work Session Certified Local Government Grant Update Draft Historic Preservation Strategic Plan Update Preparation for Historic Preservation Month (5/14) Happy New Year! We kick off our new year with good news on several fronts. First, we welcome our new permit technician Jennifer Lawrence and planning intern Zechariah Heck to our CDD team. Jennifer joins us with tremendous experiences and skills from the Sheriff’s Office. She will be an asset to CDD as our business volumes continue to grow and we plan for a retirement in late 2014. Zech is a recent University of Oregon planning graduate and is making significant and immediate contributions to our destination resort tracking and historic preservation projects. Second, CDD’s residential and commercial development activity experienced a strong 2013. Specifically, 2013 marked the second best year in terms of commercial development activity as measured by valuation in unincorporated Deschutes County since the late 1990s, and the third best based on our records to 1994; 2012 was the landmark year with several major projects in Sunriver fueled mostly by the Sunriver Homeowners Aquatic and Recreation Center and Mall redevelopment. Tetherow Destination Resort led the list of commercial projects in 2013 with two hotels, a major clubhouse expansion and a new guest services building. The new Cascades Academy, Bend Wastewater Treatment Facility upgrades, and many smaller-scale projects also contributed to making 2013 one of the best years on record. We see the commercial development momentum from the past two years continuing into 2014 and beyond with a new hotel in Pronghorn Destination Resort; recreation-related improvements at Black Butte Ranch, Tetherow, Sunriver, and Mt. Bachelor; new hangars at the Bend and Sunriver airports, and much more. In addition, significant commercial development is expected in Deschutes County’s cities with the majority in Bend, but also in Redmond, Sisters and La Pine where CDD provides building services. Building Safety The Building Safety Division continues to process an ever-increasing number of permits and inspections as highlighted above and in the attached development statistics. Building Inspector Chris Gracia performs plan review. He recently completed a few for Fire and Life Safety along with other commercial projects. His cross training is a tremendous asset to CDD. Chris is also stepping into the field as needed and does so with a flexible team spirit attitude that is inspiring. Thanks, Chris. A few Building staff are participating in a State provided electrical cross-training class. This will provide the balance of our inspection staff with a certificate to inspect electrical installations in a single family dwelling. This will result in significant efficiencies for CDD. When the class is completed this spring, CDD can send one cross- trained building inspector, rather than two, to inspect a new single family home. The City of Sisters is also beginning to experience an uptick in permit activity. Sisters recently installed Accela. While the system is challenging City and County staff to learn and implement, it too will lead to more efficient service delivery. A new Statewide Code Interpretation has clarified the rule for Agricultural Exemptions to allow tree farms and forestry operations to qualify. The rule has actually always allowed consideration for these types of operations but administrators around the State have been reluctant to allow the exemptions. The Central Oregon Chapter of the International Code Council will provide Code update classes for contractors and designers at its Winter Institute on March 18-19 at Deschutes County. The Central Oregon Builders Association and American Institute of Building Designers are co-sponsors. Deschutes County Plans Examiner Randy Scheid, who serves on the Chapter’s Education Committee, is the primary contact for the conference. We sincerely appreciate Randy’s leadership role in our local chapter and conducting this conference. We also want to congratulate Randy for earning his Bachelors degree in Management and Organizational Leadership. Staff contact: Dave Pedersen, Dave.Pedersen@ deschutes.org Current Planning MA-13-3/CU-13-13 – Private Park: On December 19, the Deschutes County Hearings Officer issued a decision denying an application from John Shepherd for a conditional use permit (CUP) to establish a private park in the Exclusive Farm Use (EFU) zone. The proposal included park and recreation opportunities during the week and a site for weddings and other gatherings on Saturdays. The decision involved a statutory interpretation of the term “private park” and whether a private park in the EFU zone could include weddings and other gatherings. Based on the facts of this case, the Hearings Officer found that it could. However, the application was denied because the applicant opted to not apply for site plan review along with the conditional use permit, and the failure to do so resulted in insufficient information to address relevant conditional use criteria. The decision was not appealed and is now final. Staff contact: Kevin Harrison, Kevin.Harrison@deschutes.org CU-13-27 – Bed & Breakfast: On November 15, the Hearings Officer approved a conditional use permit to establish a bed and breakfast inn on a lot in the Misty Meadows Subdivision located south of Highway 20 and east of Torkelson Road, southeast of Bend. The inn would consist of no more than three guest rooms in an existing residence and would accommodate no more than eight guests at a time. No appeal was filed. Staff contact: Will Groves, William.Groves@deschutes.org MP-13-8 – La Pine Land Conveyance Act: On December 12, an administrative approval was granted to divide an approximately 28,225-acre parcel into a 27,325-acre parcel (Parcel 1) and an 800-acre parcel (Parcel 2). The approval included a variance to the surveying requirements of Title 17 for Parcel 1. The purpose of this partition is to create a legal lot of record for a property conveyed under the La Pine Land Conveyance Act. The property is located adjacent to the existing sewage treatment facility, east of the City of La Pine. Staff contact: Will Groves, William.Groves@deschutes.org ZC-13-2/PA-13-2 – Terrebonne Zone Change: On January 3, a Hearings Officer approved a proposal to change the zone from Terrebonne Residential District to Terrebonne Commercial District, and to amend the Comprehensive Plan designation from Terrebonne Residential to Terrebonne Commercial, for a property located at the corner of Highway 97 and C Avenue in Terrebonne. The appeal period ends in mid- January. Staff contact: Will Groves, William.Groves@deschutes.org A-13-8 – Thornburgh Destination Resort: Loyal Land, LLC has applied to initiate the Land Use Board of Appeals (LUBA) remand for a Declaratory Ruling that the Thornburgh Destination Resort Conceptual Master Plan (CMP) had been initiated. The public hearing is scheduled before a County Hearings Officer on February 4 at 6:30 p.m. at the Deschutes Services Center, 1300 NW Wall Street, Bend. Staff contact: Kevin Harrison, Kevin.Harrison@deschutes.org MC-13-7 – Commercial Activity in Conjunction with a Farm Use: Bendistillery has applied to modify its conditional use approval for a commercial activity in conjunction with farm use to allow distillation of any spirit. The previous approval (CU-07-76) limited production to gin. The applicant is also requesting to remove the requirement that 25% of raw material used in production come from farm activity on the subject property. The application is currently on hold. Staff contact: Will Groves, William.Groves@deschutes.org Long-Range Planning Central Oregon Large-Lot Industrial Land Need Analysis: The City of Redmond has identified a site owned by the Oregon Department of State Lands (DSL) adjoining its Urban Grown Boundary as a plausible location for a regional large-lot industrial campus. Redmond and DSL are currently coordinating with Central Oregon Intergovernmental Council (COIC) for an official endorsement. Next week, they are expected to submit an application to COIC, the regional governance authority. If this occurs, the COIC Board will formally review the request in February 2014. Following their approval, DSL would initiate a City/County UGB plan amendment in the spring. More information is available on Deschutes County’s website: http://www.deschutes.org/cdd and select: Regional Projects; Central Oregon Large Lot Industrial Lands Project. Staff contacts: Nick Lelack, Nick.Lelack@deschutes.org; Peter Gutowsky, Peter.Gutowsky@deschutes.org; Scott Aycock, ScottA@coic.org; and Heather Richards, Heather.Richards@ci.redmond.or.us. U.S. Environmental Protection Agency Community-Wide Brownfield Assessment Grant: Deschutes County is the recipient of a $400,000 U.S. EPA Community-Wide Brownfield Assessment Grant. Community-wide hazardous substances grant funds enable Deschutes County and its partnering cities of Bend and Redmond to build a systematic inventory of brownfield sites in the cities of Bend and Redmond and rural Deschutes County, conduct Phase I and Phase II environmental site assessments, perform remediation and redevelopment planning, and carry out community outreach activities. Petroleum grant funds will be used to conduct similar tasks at sites with potential petroleum contamination. APEX Companies, LLC under a Personal Services Contract awarded in late November is the consulting firm assisting the County with implementation. The inventory process started in December. APEX Companies are also being retained by the Property and Facilities Department to evaluate remediation options for the Demolition Landfill and Redmond Shooting Range, two sites deemed recently to be ineligible for the US EPA grant. Staff contact: Peter Gutowsky, Peter.Gutowsky@deschutes.org. Sage-Grouse: As a cooperating agency, the Planning Division continues to participate with the Bureau of Land Management (BLM), which recently released a draft programmatic Environmental Impact Statement (EIS) for federal land use and resource management plan (RMP) amendments to incorporate sage-grouse conservation measures in Central and Eastern Oregon. In March 2010, the U.S. Fish and Wildlife Service (FWS) published its listing decision for the greater sage-grouse indicating that listing was “Warranted but Precluded” due to higher listing priorities under the Endangered Species Act (ESA). The following is an updated schedule for the Draft Greater Sage- Grouse Resource Management Plan Amendments/ Draft EIS for the Oregon Sub-Region. • November 22, 2013 - The Draft EIS became available for a 90-day public comment period. The public comment period is triggered by publication of a Notice of Availability in the Federal Register on that date. The comment period ends on February 20, 2014. The three-volume EIS is available at: http://www.blm.gov/or/energy/ opportunity/sagebrush.php. • January 2014 - Public meetings to discuss the Draft EIS are scheduled the first part of January in Prineville, Burns, Ontario, Baker City, and Lakeview. • September 2014 - The Final EIS and Record of Decision (ROD) are scheduled for September 30, 2014. The Planning Division is also participating with the Governor’s Office, Sage Grouse Conservation Partnership. This involves interagency and interstakeholder coordination on issues related to sagebrush and sage-grouse habitat conservation on non-federal lands. This effort compliments actions being undertaken by BLM on federal lands. The state’s goal is to demonstrate that listing the sage-grouse as a threatened or endangered species under the federal ESA is unnecessary. Staff contacts: Peter Gutowsky, Peter.Gutowsky@deschutes.org and Jon Jinings, Jon.Jinings@state.or.us Goal 11 (Sewer) Exception for Southern Deschutes County: The Planning and Environmental Soils Divisions continue to support the Oregon Department of Environmental Quality (DEQ) South Deschutes/ Northern Klamath County Groundwater Protection Project. A tentative timeframe to initiate a Goal 11 exception is Spring 2014 with public hearings beginning in late May or early June before the Planning Commission. Staff contacts: Nick Lelack, Nick.Lelack@deschutes.org; Peter Gutowsky, Peter.Gutowsky@deschutes.org; and Todd Cleveland, Todd.Cleveland@deschutes.org. Historic Preservation: A-13-3 and DR-13-6 Cline Falls Power Plant. In February 2013, a Code Enforcement complaint was filed with CDD stating that the lessee of Cline Falls Power Plant, PacifiCorp, violated Deschutes County Code by altering a historic site. Cline Falls Power Plant is on the Deschutes County Statewide Goal 5 Inventory of Cultural and Historic Resources. The CDD Director requested that the Historic Landmarks Commission (HLC) interpret the Code for clarity and guidance, because there were different opinions about the historic resources at the site. In July 2013, the HLC found that the entire Cline Falls Power Plant site is a protected resource. PacifiCorp appealed the decision to the Board of County Commissioners. The Board held a public hearing on October 21 and deliberated the issue on December 16, 2013. They found that the Cline Falls Power Plant historic resource includes only those structures listed on the Goal 5 Inventory, which are the dam, penstock, and power- house. Furthermore, in this case, the Board also found that the flume is considered part of the penstock. The Board’s final written decision is expected on January 22. Staff contact: Cynthia Smidt, Cynthia.Smidt@deschutes.org. Historic Landmarks Commission: The Deschutes County HLC will hold a regular meeting February 3. Work session items include: a Goal 5 Historic Inventory discussion in light of a recent Board decision on the Cline Falls Power Plant site, Certified Local Government grant update, Draft Historic Preservation Strategic Plan update, and preparing for Historic Preservation Month (May 2014). Staff contact: Peter Gutowsky, Peter.Gutowsky@deschutes.org. Non-Resource Lands Program : Work continues on evaluating the creation of a comprehensive plan designation and zone district for land in Deschutes County that does not meet the State definition of “Agricultural Land.” On December 12 th , the Planning Commission convened a panel of local agricultural industry experts to identify characteristics that support or present barriers to productive agriculture operations in Deschutes County. In addition, the panel discussed the potential pros and cons of establishing a non- resource lands designation and zone. At the January 9th meeting, it is expected that the Planning Commission will begin refining a preferred approach to gauge public and stakeholder feedback. This will be eventually shared with the Board for comment and direction, likely in early February. Staff anticipates a two-three month public outreach campaign later in the spring involving community conversations throughout the County to determine if there is support for reclassifying areas with exceedingly low capacity for agricultural activities to a non-resource designation. Staff contact: Matthew Martin, Matt.Martin@deschutes.org. UGB Expansion for Middle School : A joint public hearing with the City of Bend was held on December 19 for the Bend La Pine School District’s proposed Urban Growth Boundary (UGB) expansion to accommodate a planned middle school located adjacent to Miller Elementary and Summit High schools. A hearings officer approved the proposal on January 9. Unless the decision is appealed or the Board initiates review, the Hearings Officer’s decision will be adopted by the Board as specified in the County Code. Staff contact: Matthew Martin, Matt.Martin@deschutes.org. Legislative and Housekeeping Text Amendments : The Planning Division is bringing a package of text amendments to the Planning Commission for a work session on January 23. These amendments include those necessary to incorporate changes in State law into the County Zoning Ordinance. In addition, there are “housekeeping” amendments that have been identified as necessary to correct scrivener errors and provide additional clarification to existing regulations and the Comprehensive Plan. A public hearing before the Planning Commission is planned for February 13. Staff contacts: Paul Blikstad, Paul.Blikstad@deschutes.org (legislative amendments); Matthew Martin, Matt.Martin@deschutes.org (housekeeping amendments). Domestic Livestock : Keeping domestic livestock on small acreage has been identified as a use that can have detrimental impacts on livability and groundwater quality. On February 13, the Planning Commission will convene a panel of representatives from the Oregon Department of Agriculture, OSU Extension, Deschutes Soil and Water Conservation, and South Deschutes/North Klamath Groundwater Protection Project steering committee. The panel will discuss best management practices, property owner responsibilities and enforcement options. This information will assist in determining if amending the zoning ordinance is necessary to regulate this use. Staff contact: Matthew Martin, Matt.Martin@deschutes.org Transportation The main activity in Transportation was TA-13-2, which proposes to move the traffic study requirements from Title 17 to Title 18 and change the performance standard for new County roads and intersections from Level of Service (LOS) C to LOS D. The Planning Commission held a work session on December 12, 2013, and will hold the first public hearing on January 9 at 5:30 p.m. in the Barnes and Sawyer Rooms, 1300 NW Wall Street, Bend. The County first added a traffic study requirement into the development code in 2006, placing it in Chapter 17.16, which deals with master plans and subdivisions. The traffic study requirements are triggered by any use that will generate more than 50 new weekday trips; however, over the years the County has accepted numerous land use applications that were not subdivisions or master plans, yet these applications often easily surpassed the trip threshold and thus the applicants had to submit traffic analyses. A more logical location for the traffic study requirement would be DCC 18.116, Supplemental Provisions, which applies to all land use zones and already includes many general transportation items such as standards for Class I and II road projects, clear zones, off- street parking, and bicycle parking. TA-13-2 would move the traffic study requirements now found in DCC 17.16.115 and shift them to DCC 18.116 while creating a Section 18.116.310, Traffic Study Requirements. The cross- references in DCC 18.124.080, Site Plans, would be modified from DCC 17.16.115 to DCC 18.116.310 and DCC 17.16.115 would also add a cross-reference to the new DCC 18.116.310. The second aspect of TA-13-2 is to change the performance standard from Level of Service (LOS) C for new roads and intersections to LOS D, which is the standard for existing County facilities. By having LOS D as the performance standard for all existing and future County road segments and intersections, the resulting road network will be orderly and cost-effective. The proposed change from LOS C to LOS D for new County facilities would affect a minimal number of future projects. The County’s Transportation System Plan (TSP) at Table 5.3.T1 (County Road and Highway Projects) lists 53 total improvements to County roads. Of those 53 County road projects only five are future roads or intersections. Of those five, four are low priority (11-20 years) and one is high priority (1-5 years). None of the five is funded. Other continuing transportation items include working with the City of Bend on the Bend Airport Master Plan (BAMP) Update prior to the City submitting a land use application to amend to add the updated BAMP to the County Comprehensive Plan and TSP; working with Sunriver on a solution to the summertime traffic circulation problems related to boat launches at Harper Bridge; and commenting on the transportation aspects of submitted land use applications, including potential System Development Charges (SDCs). Staff contact: Peter Russell, Peter.Russell@deschutes.org. Coordinated Services Lori Furlong continues to work with the State of Oregon on the Accela Building Module since its implementation on September 30. The State is still fine tuning the implementation and will be adding additional customization in the near future. The Accela Planning and Code Enforcement Module project, in conjunction with the City of Redmond, was initiated in November with anticipated completion and implementation on April 1, 2014. Lori participated as a featured speaker for a nationwide teleconference discussing the State of Oregon’s ePermitting project and Deschutes County’s experience with that project. This teleconference had record attendance for this discussion, and questions were fielded from throughout the country. Lori was also interviewed by the Center for Digital Government for a ‘Regionalism’ article to be published this winter. This article will focus on Deschutes County’s experience with the State of Oregon’s ePermitting System and its implementation of the Planning and Code Enforcement Modules. Lori and Tim Berg also conducted a training session on the online capabilities of the new software for contractors at Central Oregon Builders Association. This training was attended by approximately 15 construction professionals or their staff and focused on purchasing permits online, submitting electronic plans and scheduling inspections. Staff contact: Lori Furlong, Lori.Furlong@deschutes.org Environmental Soils On December 10 and 11, the Oregon Environmental Quality Commission adopted a proposed rule amendment package which went into effect on January 2, 2014. This includes the DEQ surcharge of $100 (currently $60) for onsite septic system permits. The County opposed this fee increase during the last Legislative Session. Other notable items in the package of amendments and effective on January 2, 2014 include: Newly permitted sand filters and pressure distribution systems will require maintenance contracts and annual reports. Repair permits will no longer require a land use compatibility statement to issue. Homeowners must be certified maintenance providers to maintain their ATT systems. Compliance recovery fees are in rule for violations. It is also important to note that the site evaluation expiration proposal was removed from the package of amendments and not adopted. Staff contact: Todd Cleveland, Todd.Cleveland@deschutes.org