HomeMy WebLinkAbout2014 - 03 (Mar) Community Development UpdateCCCOMMUNITYOMMUNITYOMMUNITY DDDEVELOPMENTEVELOPMENTEVELOPMENT DDDEPARTMENTEPARTMENTEPARTMENT
March 10, 2014
Board of County Commissioners ◊1300 NW Wall St., Bend
Meeting: 3-12-14 ◊ 10:00 a.m.
Issues: NNP IV-NCR, LLC (“Newland”) PA-13-1/ZC-13-1
Public Hearing (continued)
Meeting: 3-17-13 ◊ 10:00 a.m.
Issues: TA-14-3, Public Hearing - Marijuana & Federally
Prohibited Substances
CALENDAR
Planning Commission ◊ 1300 NW Wall St., Bend
Meeting: 3-13-14 ◊ 5:30 p.m.
Issues: TA-13-4, Text Amendment to DCC Title 19, Ch. 19.20, to allow the operation, maintenance
and piping of existing irrigation systems as an
outright use in the zone
Domestic Livestock Work Session
From the Director’s Desk:
March Madness
Most people associate March Madness with college basketball
tournaments. At CDD, March Madness means the start of peak
building, land use and on-site permitting, and budget and work
plan season. Now that the State Legislature meets on an
annual basis, it is also a time to take stock of what changes the
Legislature made during the short session (even years) or bills
under consideration in a regular session (odd years). This year,
the Legislature passed a law to allow local governments to
regulate and/or ban medical marijuana facilities. On Wednesday,
March 12, the Board of County Commissioners (BOCC) will
conduct a work session on the following amendment to County
Code: The use of any building, structure, location, premises or
land for any marijuana business or the sale of any federally
controlled substance is prohibited by Deschutes County Code,
and is not a permitted or conditional use in any Deschutes
County zone under Title 18 except as allowed by federal law.
The BOCC will also conduct a public hearing on this text
amendment (TA-14-3) on Monday, March 17 at the Deschutes
Services Center at 10:00 a.m.
The County is also in the process of selecting a Planning
Commissioner from the Sisters Area with the resignation of
Vice Chair Bill Rainey, who had served since September 1, 2010.
We express our sincere appreciation to Commissioner Rainey
for three and half years of terrific service, including 18 months
serving as Chair. A new commissioner is expected to be
appointed by early April (the position closed in late February;
interviews are currently underway).
Permit activity remains strong in all CDD divisions, with notable
projects including Tetherow’s hotels and clubhouse expansion,
Pronghorn’s Huntington Village (104 overnight
accommodations), Black Butte’s recreational improvements,
Mt. Bachelor’s Master Plan improvements, and much more.
We hope you enjoy March Madness as much as we do.
This year, March Madness is as much a
sign of a recovering economy as it is
great basketball games.
Planning Applications
Site Plan (SP)-13-7: A request for site
plan review for an aviation fueling station
in the Airport Development Zone. A
hearing was held on March 4, 2014; the
written record is open until March 21, 2014
for new materials. Staff contact: Will
Groves; William.Groves@deschutes.org
Appeal (A)-13-8: Thornburgh Destination
Resort. Loyal Land, LLC, filed an
application asking the County to review
the remand from LUBA on the issue of
whether the conceptual master plan (CMP)
for the resort has been initiated. A
hearing was held on February 4; the
record is closed and a decision is
forthcoming. Staff contact: Kevin
Harrison; Kevin.Harrison@deschutes.org
Site Plan (SP)-13-20: City of Bend water
treatment facility. The City filed a site
plan application for a new water
treatment facility to be located at their
Outback Site, west of Bend. A hearing
was held on January 21; the record is
closed and a decision is forthcoming.
Staff contact: Kevin Harrison;
Kevin.Harrison@deschutes.org
NNP IV-NCR, LLC (“Newland”)
Comprehensive Plan Amendment
(PA)-13-1/Zone Change (ZC)-13-1:
On March 12, the BOCC will conduct a
continued public hearing on this application.
Staff contact: Paul Blikstad;
Paul.Blikstad@deschutes.org
Text Amendment (TA) 13-4: Central Oregon
Irrigation District (COID) applied for a text
amendment to Deschutes County Code Title 19,
Chapter 19.20, Suburban Low Density
Residential Zone (SR-2.5) to allow the operation,
maintenance, and piping of existing irrigation
systems as an outright use in the zone. The
Planning Commission conducted a public
hearing on February 13 and will conduct a
continued public hearing on March 13. Staff
contact: Paul Blikstad;
Paul.Blikstad@deschutes.org.
Newell Horse Show (CU-13-31, SP-13-18): Allied
Show Services (Peter and Gwen Newell) applied
for a Conditional Use Permit and Site Plan
Review for a commercial activity in conjunction
with farm use, to have up to three horse events
on property in the Exclusive Farm Use Zone,
associated with the grass hay and horse training
farm use on the property. The Newells’
property is approximately 20 acres and has 18
acres of water irrigation water rights. A public
hearing was held before a County Hearings
Officer on February 18, 2014. The written
record was left open until February 25 for
additional comments and to March 4 for rebuttal
argument. The applicant has until Tuesday,
March 11th for final argument. A decision on
the applications should be out within 4-5 weeks.
Staff contact: Paul Blikstad;
Paul.Blikstad@deschutes.org.
Long-Range Planning
Agricultural Lands Program: The Planning
Division is initiating a public outreach this
spring to understand community, stakeholder,
and landowner opinions about Deschutes
County farm designations and land use
regulations. By relying upon a series of
meetings, public forums, and conversations with
Exclusive Farm Use (EFU) zoned property
owners, this program can help determine if the
County needs to change its agricultural zoning
at the local and/or state level. Public forums
will be announced soon. Staff contact:
Matthew Martin, Matt.Martin@deschutes.org.
Central Oregon Large-Lot Industrial
Land Need Analysis: Staff continues to
coordinate with the City of Redmond regarding
a site owned by the Oregon Department of
State Lands (DSL) adjoining its Urban Growth
Boundary (UGB) 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. Following
their approval, DSL will initiate a City/County
UGB plan amendment, likely in late spring,
early summer. 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.
Destination Resort Tracking: Staff is
preparing a table/matrix to monitor resort
land use histories, requirements and
agreements, and annual reporting obligations
in coordination with Goal 8 Destination Resort
representatives. Staff expects to conduct a
work session with the Planning Commission
and BOCC this spring. Staff contacts: Nick
Lelack; Nick.Lelack@deschutes.org; and Will
Groves; William.Groves@deschutes.org
Domestic Livestock: Keeping domestic
livestock on small acreage has been identified
as a use that can have detrimental impacts on
livability and groundwater quality if not
managed properly. After convening a panel
and holding a series of work sessions, the
Planning Commission directed staff to make
available to property owners a package of
existing state and local education and
enforcement programs to address livestock
management on small rural residential
properties in lieu of a regulatory approach.
They will be reviewing these materials on
March 13. Staff contact: Matthew Martin,
Matt.Martin@deschutes.org.
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. DEQ, with the assistance of
the Oregon Department of Land Conservation
and Development is finalizing the burden of
proof to justify a Goal 11 exception for
southern Deschutes County. Draft findings
and work sessions with the Planning
Commission and BOCC are expected
later in the spring or early summer. 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 - PacifiCorp v.
Deschutes County, LUBA No. 2014-016: On
February 18, 2014, PacifiCorp submitted a
Notice of Intent to Appeal to the Land Use
Board of Appeals (LUBA) in regards to the
BOCC’s Declaratory Ruling of the Cline Falls
Power Plant historic site. LUBA acknowledged
the motion by Central Oregon Irrigation
District to intervene on the side of the
Respondent (County). The record is currently
being prepared to submit to LUBA. Staff
contact: Cynthia Smidt,
Cynthia.Smidt@deschutes.org.
Historic Landmarks Commission: The HLC
will hold a regular meeting on May 5 which
coincides with Historic Preservation Month.
Two projects will be highlighted at the
meeting: a Reconnaissance Level Survey of
local, state, and federal landmarks containing
tourism and recreational features and an
interactive website containing photographs of
approximately 53 historic landmarks located
in the rural county and Sisters. Staff contact:
Peter Gutowsky,
Peter.Gutowsky@deschutes.org.
Legislative and Housekeeping Text
Amendments: The Planning Commission on
February 27 recommended the BOCC adopt
amendments including those necessary to
incorporate changes in state law into the
county zoning ordinance. In addition, they
also recommended “housekeeping”
amendments that have been identified as
necessary to correct scrivener errors and
provide additional clarification to existing
regulations, procedures, and the
Comprehensive Plan. A public hearing will be
scheduled with the BOCC in the next four to
six weeks. Staff contacts: Paul Blikstad,
Paul.Blikstad@deschutes.org (legislative
amendments); Matthew Martin,
Matt.Martin@deschutes.org (housekeeping
amendments).
Sage-Grouse: As a cooperating agency, staff
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. Staff is also
participating with the Governor’s Office, Sage
Grouse Conservation Partnership. This involves
interagency and inter-stakeholder coordination on
issues related to sagebrush and sage grouse habitat
conservation on non-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. The Final EIS and Record of
Decision (ROD) are scheduled for September 30,
2014. Staff contact: Peter Gutowsky,
Peter.Gutowsky@deschutes.org.
Transferable Development Credit (TDC)
Advisory Committee: The Planning Division and
Environmental Soils will be reconvening the TDC
Advisory Committee in late spring or early
summer to discuss the existing program in light
of the City of La Pine administering its zoning
ordinance as it pertains to the Neighborhood
Planning Area and a pending Goal 11 Exception
for southern Deschutes County. Staff contacts:
Nick Lelack, Nick.Lelack@deschutes.org; Peter
Gutowsky, Peter.Gutowsky@deschutes.org; and
Todd Cleveland, Todd.Cleveland@deschutes.org.
UGB Expansion for Middle School: On February
26, the BOCC adopted an ordinance amending the
County Comprehensive Plan Map by expanding
the City of Bend UGB approximately 33 acres. The
purpose of the amendment is to accommodate a
middle school located adjacent to Miller
Elementary and Summit High schools. Staff
contact: Matthew Martin,
Matt.Martin@deschutes.org.
U.S. Environmental Protection Agency
Community-Wide Brownfield Assessment Grant:
The Planning Division is administering a $400,000
U.S. Environmental Protection Agency (US EPA)
Community-Wide Brownfield Assessment Grant.
The project’s first phase, to conduct an inventory,
started in December. The consultant team is also
under contract 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.
Transportation Planning
Bend Metro Park and Recreation District
(BMPRD): Planning staff met on February 5 to
discuss the land use application process for
BMPRD to complete the Deschutes River Trail
(DRT) system and add park facilities, all of
which were part of the recent bond
measure approved by voters. The DRT
runs the length of Bend and features two
new foot bridges across the Deschutes, one
at the north end of town and another at the
south.
Harper Bridge: Planning and Road
Department staff traveled to Salem to meet
with Sunriver staff and Oregon Marine Board
(OMB) staff regarding boat ramp design
concepts for Harper Bridge. The February 19
meeting was very helpful to understand what
is needed for a design to be competitive for
OMB funding once the grant application cycle
for 2015 opens. Planning and Road
Department staff will meet with the Sunriver
Board on March 14 to recap the OMB’s
comments.
Bend Airport: Planning staff continues to
work cooperatively with City of Bend staff
regarding zoning issues and future internal
reorganization of helicopter sites at the Bend
Airport. The City is beginning a federal
process to do an Environmental Assessment
(EA) at the airport to determine whether
helicopter operations can be relocated to the
northeast side of the airport. The City held an
open house on March 3 at the Bend Municipal
Court building, and County staff as well as
staff from the Federal Aviation Administration
(FAA) attended to outline the EA process and
receive public comments. The City will in the
future go through the County’s land use
process to adopt the updated 2013 Bend
Airport Master Plan (BAMP).
Traffic Study Amendment Text
Amendments: Planning staff briefed the
BOCC at a February 24 work session regarding
proposed changes to the County’s traffic
study requirements. The two major elements
were moving the traffic study requirements
from the subdivision and master plan section
of the development code (17.16.115) to the
supplemental provision section of the code,
creating a new subsection (18.116.310). The
reason is many uses which are not
subdivisions or master plans trip the traffic
study threshold of 50 new weekday trips. The
other action is to change the Level of Service
(LOS) for new roads from LOS C, the current
standard, to LOS D. The reason is the
County’s standard will then be consistent for
both new and existing roads. Additionally, the
County has never defined what a new road is
and how long that status lasts.
Tumalo Community Association: On
February 28, staff met with Keena
Cronen, new President of the Tumalo
Community Association (TCA), to review past
planning efforts and documents in Tumalo and
how the TCA can track land use applications
submitted to the County.
Staff contact: Peter Russell, Peter.Russell@
deschutes.org.
Building Safety
The Building Safety Division continues to manage
an ever-increasing workload. Both the Cities of
Sisters and Redmond are experiencing similar
growth modes. A massive rebuild of Highway 20
through Sisters has presented some challenges
for the businesses along that route and how their
buildings are affected. The Division is currently
adding one position that will help with some of
the massive workload of plans to be reviewed and
the associated fieldwork.
Deschutes County is not alone in the struggle to
re-staff for the “new reality.” The City of Portland
is actively scouring the available pool of State
certified inspectors to fill 18 full-time positions
ASAP. In the last two years, 55 positions have
been added to climb back toward the high of 357
inspector/plan reviewer positions pre-recession.
The City’s hope is to be able to open its office five
days a week as opposed to four currently.
Locally, the City of Bend is in a similar situation
with a huge plan backlog and massive commercial
activity expected this spring and summer. The
City is also in the market for qualified and
certified help.
Our staff continues with their incredible
dedication to the mission of helping the citizens
of Deschutes County verify and certify their
projects as safe, sanitary and durable for them
and future owners and inhabitants of those
occupancies. Thanks to all of them! Staff
contact: Dave Pedersen,
Dave.Pedersen@deschutes.org.
Coordinated Services & Code Enforcement
In the next few weeks, CDD will transition our
Planning and Code Enforcement Divisions away
from our legacy software and begin using Accela
Automation. The Building Division converted to
Accela on September 30, 2013 and we anticipate
Planning and Code Enforcement going live on
March 31, 2014. Some of the new features
included with this software are easy record
search capability; ability to create ad
hoc reports that can be exported to
several different types of file formats;
ability to scan and attach documents to a
specific record with those documents available
on DIAL; online capability for building and
septic permit applications including uploading
of documents for review; and acceptance of
online payments via the State’s web portal.
We can also coordinate with other area
jurisdictions for inspection and plan review
services with the cities of Sisters and
Redmond, which are now using the same
software.
The State of Oregon recently coordinated with
Administrative Manager Lori Furlong and the
Central Oregon Builders Association (COBA) to
host another Licensed Professional training
class on use of the new State ePermitting
System at the COBA office. This event was
also available through a live webinar feed, and
many participants attended remotely.
The 1996 Code Enforcement Policy and
Procedure manual is being updated to
incorporate current practices and to
determine whether any policy changes are
necessary. Staff will conduct a work session
with the BOCC in April and public hearings
later in the spring on this Manual. Staff
contact: Lori.Furlong@deschutes.org.
To request this newsletter in an alternate format, call (541) 617-4747 or email ken.harms@deschutes.org.
NNNAMEAMEAME TTTITLEITLEITLE PPPHONEHONEHONE EEEMAILMAILMAIL
Nick Lelack Director (541) 385-1708 Nick.Lelack@deschutes.org
Tim Berg GIS Analyst/Programmer III (541) 330-4648 Tim.Berg@deschutes.org
Paul Blikstad Senior Planner (541) 388-6554 Paul.Blikstad@deschutes.org
Dale Brieske Building Inspector III (541) 388-6614 Dale.Brieske@deschutes.org
Sher Buckner Administrative Secretary (541) 617-4736 Sher.Buckner@deschutes.org
Todd Cleveland Environmental Health Spec. III (541) 617-4714 Todd.Cleveland@deschutes.org
Scott Farm Building Inspector III (541) 385-1402 Scott.Farm@deschutes.org
Lori Furlong Administrative Supervisor II (541) 317-3122 Lori.Furlong@deschutes.org
Chris Gracia Building Inspector III (541) 388-6578 Chris.Gracia@deschutes.org
Tracy Griffin Permit Technician (541) 388-6573 Tracy.Griffin@deschutes.org
John Griley Code Enforcement Technician (541) 617-4708 John.Griley@deschutes.org
William Groves Senior Planner (541) 388-6518 William.Groves@deschutes.org
Tim Grundeman Code Enforcement Technician (541) 385-1707 Tim.Grundeman@deschutes.org
Peter Gutowsky Principal Planner (541) 385-1709 Peter.Gutowsky@deschutes.org
Judy Hackett Permit Technician (541) 317-1713 Judy.Hackett@deschutes.org
Kevin Harrison Principal Planner (541) 385-1401 Kevin.Harrison@deschutes.org
Steven Jensen Building Inspector III (541) 385-1700 Steven.Jensen@deschutes.org
Marti Mello Permit Technician (541) 317-3148 Marti.Mello@deschutes.org
Dave Pedersen Building Official (541) 385-3200 Dave.Pedersen@deschutes.org
Lisa Petersen Permit Technician (541) 317-3188 Lisa.Petersen@deschutes.org
Peter Russell Senior Transportation Planner (541) 383-6718 Peter.Russell@deschutes.org
Randy Scheid Building Inspector III (541) 317-3137 Randy.Scheid@deschutes.org
Martha Shields Permit Technician (541) 385-1706 Martha.Shields@deschutes.org
Cynthia Smidt Associate Planner (541) 317-3150 Cynthia.Smidt@deschutes.org
Kathleen Stockton Administrative Assistant (541) 317-3193 Kathleen.Stockton@deschutes.org
Dan Swarthout Building Inspector III (541) 385-1745 Dan.Swarthout@deschutes.org
STAFF DIRECTORY