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HomeMy WebLinkAbout2014 - 07 (Jul) Community Development UpdateCCCOMMUNITYOMMUNITYOMMUNITY DDDEVELOPMENTEVELOPMENTEVELOPMENT DDDEPARTMENTEPARTMENTEPARTMENT July 8, 2014 From the Director’s Desk: on June 30, 2014, and he did not seek reappointment. The County is currently recruiting for a Planning Commissioner from the Redmond-area. The position closes Friday, July 25 at 5:00 p.m. Please contact Nick Lelack at Nick.Lelack@deschutes.org or (541) 385-1708 for more information. Long-Range Planning Agricultural Lands Program: The Board of County Commissioners (BOCC) directed the Community Development Department (CDD) to conduct a public outreach campaign to understand community, stakeholder, and landowner opinions about Deschutes County farm designations and land uses. In May, the Planning Division conducted six community conversations in locations throughout the County. The meetings were held in Alfalfa, Bend, Brothers, La Pine, Sisters, and Terrebonne. Each one provided an overview of Deschutes County’s agricultural lands program with details focusing on its history, relevant Comprehensive Plan policies and recent land use trends. A variety of public engagement techniques were utilized to generate public comments including facilitated exercises and questionnaires. An online survey was also made available on the CDD website. In addition, stakeholder meetings were offered to numerous organizations in the region. Five responded. Staff met with Central Oregon LandWatch, the Deschutes For current information on upcoming meetings, hearings., etc., please refer to the following links: Board of County Commissioners: www.deschutes.org, click on “Board Meetings” Planning Commission Mtgs./Hearings Officer Hearings: http://www.deschutes.org/Community-Development/Events.aspx Happy Summer! We hope everyone had a safe and enjoyable 4th of July celebration and holiday weekend. The activity within CDD is about as hot as the weather outside. Our Fiscal Year 2013-14 (FY 13-14) ended on June 30. Permit volumes increased across all divisions in FY 13-14 over FY 12-13. For example, new home permits increased by 41% in FY 13-14 (308 permits) over FY 12-13 (218 permits), and septic evaluations increased by nearly 21% in FY 13-14 (122 permits) over FY 12-13 (101 permits). One notable Board of County Commission (BOCC) decision was issued yesteday, another is expected on Wednesday. Yesterday, the BOCC voted to approve the Thornburgh Destination Resort Appeal (A-13-8) by a vote of 2 to 1. Loyal Land, LLC, filed an application asking the County to hold a hearing on the remand from LUBA on the issue of whether the conceptual master plan (CMP) for the resort has been initiated. A formal decision will be prepared for the Board’s adoption at a future date. On Wednesday, the BOCC is expected to formally deny the NNP IV-NCR, LLC (“Newland”) Comprehensive Plan Amendment/Zone Change, PA-13-1/ZC-13-1. On April 28, the BOCC voted 2-1 to deny these applications proposing to amend the Deschutes County Comprehensive Plan designation from Agriculture to Rural Residential Exception Area, and a zone change from Exclusive Farm Use (EFU) EFUTRB to Multiple Use Agriculture (MUA)-10 for a 171-acre parcel located near the intersection of Butler Market and Hamby roads east of Bend. A County Hearings Officer previously denied the applications on October 23, 2013. Last Wednesday, July 2, the BOCC held a public hearing on Central Oregon Irrigation District’s (COID) Text Amendment (TA-13-4). COID applied to amend Title 19 of Deschutes County Code, Section 19.20.020 to add as a use permitted outright in the SR-2.5 zone the “operation, maintenance and piping of existing irrigation systems.” Over 50 people testified at the hearing; the written record is open until July 16, 2014 at 5:00 p.m. We thank Matt Lisignoli for serving on the Deschutes County Planning Commission and hope he stays involved – particularly in our agricultural lands discussions. Mr. Lisignoli’s term ended Basin Board of Control, the Deschutes County Farm Bureau, Oregon Department of Fish and Wildlife, and the City of Redmond to understand their perspectives. A final report summarizing the results of this public outreach campaign can be downloaded at www.deschutes.org/CDDPlanProcess. The Planning Commission held a joint work session with the BOCC on June 26, 2014 to discuss the results. Staff gave a presentation and fielded questions from the Commissioners. An opportunity for public comment was then provided and several of those in attendance addressed the Commissioners. Prior to determining the next steps of the project, staff was directed to address issues raised at the meeting and during the public process, including supplemental housing options on Exclusive Farm Use Zones. A second joint meeting is planned for later this summer or early fall to identify potential local and/or state solutions to address the issues raised. 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 its approval, DSL will initiate a City/County UGB plan amendment. 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 Map Amendments: On September 1, CDD will publish a notice in The Bulletin and initiate a press release announcing a three-month window to apply for an amendment to Deschutes County’s Destination Resort eligibility maps. The deadline for submitting an application will be December 1, at 5:00 p.m. Applications to remove or add property to the eligibility maps must be accompanied by the appropriate filing fee. All applicants must demonstrate compliance with Deschutes County Comprehensive Plan Policies 3.9.3(a), 3.9.3(b), 3.9.3(c), and 3.9.3(d). For applications adding properties to the eligibility map, applicants will also be required to demonstrate consistency with the Transportation Planning Rule (TPR) at OAR 660-012-0060. Staff contact: Matthew Martin, Matt.Martin@deschutes.org Destination Resort Tracking: Staff is preparing a table/matrix to monitor resort land use histories, requirements and agree- ments, 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 later this summer. Staff contacts: Nick Lelack; Nick.Lelack@deschutes.org; and Will Groves; William.Groves@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 continues to finalize the burden of proof and a map of the affected area to justify a Goal 11 exception. Goal 12, Transportation, must also be met. A transportation study is necessary to comply with the TPR. A Goal 11 exception could enable approximately 1,500 high groundwater lots to develop. The lots are presently restricted from development due to the State’s onsite wastewater rules. If a Goal 11 exception is approved the lots could then hook up to a sewer, cluster, or similar centralized system. As most of the lots are zoned residential, there would be 15,000 new daily trips generated from these lots, or about 1,500 trips in the morning peak hours and again in the evening. For context, 15,000 daily trips represent about the same amount of traffic now carried on U.S. 97 just south of the Baker Road interchange. DLCD is coordinating with the Oregon Department of Transportation (ODOT) to determine whether they can produce the traffic study. If ODOT is unable to produce it, the partner agencies (County, DLCD, DEQ) will need to determine a funding source to pay for the approximately $20,000 study. Staff contacts: Nick Lelack, Nick.Lelack@deschutes.org; Peter Gutowsky, Peter.Gutowsky@deschutes.org; Peter Russell, Peter.Russell@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. In response to the BOCC’s Declaratory Ruling on the Cline Falls Power Plant historic site in February 2014, PacifiCorp submitted a Notice of Intent to Appeal to the Land Use Board of Appeals (LUBA). PacifiCorp filed a Petition for Review to LUBA on May 30, 2014. A Joint Respondent’s Brief was filed with LUBA on June 20, 2014 by Central Oregon Irrigation District and Deschutes County. Oral arguments are scheduled for July 10, 2014 at 11:00 a.m. Staff contact: Cynthia Smidt, Cynthia.Smidt@ deschutes.org Historic Landmarks Commission (HLC)/ Historic Preservation Strategic Plan. The HLC will hold a regular meeting on August 4. Staff will coordinate with the HLC to kick off a four-month process that will provide the basis for developing a Historic Preservation Strategic Plan. Staff wants to reengage stakeholders and the public to prioritize preservation programs that build upon existing projects and promote regional collaboration. The establishment of a Strategic Plan will provide a framework for shaping the County and City of Sisters’ preservation programs and services over the next five years and create a blueprint for allocating Certified Local Government (CLG) grant funding. The scope of work can be downloaded at http:// www.deschutes.org/Community-Development/ Historic-Landmarks.aspx. Staff contact: Peter Gutowsky, Peter.Gutowsky@deschutes.org. Oregon Spotted Frog: On June 17, the U.S. Fish and Wildlife Service (USFWS) announced the reopening of the comment period on its August 29, 2013, proposed designation of critical habitat for the Oregon spotted frog under the Federal Endangered Species Act (ESA), as amended. Based on new information received, the USFWS is proposing changes to four of the 14 proposed critical habit areas: the Lower Deschutes River, Williamson River, Upper Klamath Lake, and Upper Klamath. The proposed changes result in a total addition of 309 acres to the proposed critical habitat for Oregon spotted frog. These new areas are occupied by the Oregon spotted frog and contain the physical or biological features essential to the conservation of the species. There are no changes being proposed in the other 10 proposed critical habitat units. In addition, the USFWS also announced the availability of a draft economic analysis (DEA) of the proposed critical habitat designation for the Oregon spotted frog, which addresses the potential incremental economic impacts of critical habitat designation for the species. The DEA estimates the total incremental administrative costs related to the proposed critical habitat for the Oregon spotted frog to be $190,000. The reopening of the comment periods allows all interested parties an opportunity to comment simultaneously on the proposed critical habitat rule as published on August 29, 2013, the proposed changes to four of the critical habitat units and the associated DEA. Previously submitted comments on the proposed critical habitat rule do not need to be resubmitted, as they will be fully considered in reparation of the final critical habitat rule. The USFWS invites public comment on the proposed critical habitat rule and the draft economic analysis for a 30-day period and will accept comments received or postmarked on or before July 18, 2014.  More information is available from the Washington Fish and Wildlife Office’s website at http:// www.fws.gov/wafwo/osf.html. Staff contact: Peter Gutowsky, Peter.Gutowsky@deschutes.org. Sage-Grouse: As a cooperating agency, staff continues to participate with the Bureau of Land Management (BLM), which last November 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. The first meeting is tentatively scheduled in August. The purpose is to discuss the existing program in light of the City of La Pine administering a 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 U.S. Environmental Protection Agency Community-Wide Brownfield Assessment Grant: The Planning Division is administering a $400,000 U.S. Environmental Protection Agency Community- Wide Brownfield Assessment Grant. The project’s first phase, to conduct an inventory, started in December. Grant resources are also funding Area Wide Planning (AWP) and Environmental Site Assessments (ESA). AWP funds are being allocated to the City of Redmond. A draft scope of work is forthcoming. AWP will allow the City of Redmond to conduct research, technical assistance and training that will result in an area-wide plan and implementation strategy for key brownfield sites, which will help inform the assessment, cleanup and reuse of brownfields properties and promote area- wide revitalization. Funding is tentatively being directed in an area of downtown. Early this fall, public meetings will be announced in Bend and Redmond to discuss the grant and offer additional resources to eligible property owners throughout the County for ESAs. Phase I ESAs involve a review of records, site inspections, and interviews with owners, occupants, neighbors and local government officials. Phase II ESAs include sampling and laboratory analysis to confirm the presence of hazardous materials. A Brownfield Advisory Committee will be established to assist staff in making allocation decisions for the ESAs. Staff contact: Peter Gutowsky, Peter.Gutowsky@deschutes.org. Harper Bridge Access Task Force: Staff continues to work with this group organized by Sunriver on use and site circulation on the boat access at Spring River Road and the Deschutes River. The group, which includes representatives from various Sunriver departments and the Homeowners’ Association, and Upper Deschutes River Coalition, met June 16th to discuss the issue from various viewpoints. The group intends to produce a white paper with recommendations by September. The group is examining each of the four quadrants at Harper Bridge for its potential as a solution. Related topics mentioned have been the opportunities, challenges and constraints of rezoning lands in the northwest quadrant to accommodate a boat launch; expanding the Sunriver Urban Unincorporated Boundary to the west; the 1908 John Peters dedicated public right-of-way; and the Wild and Scenic River designation. The group is tentatively set to meet again some time between July 7-10. Staff contact: Peter Russell, Peter.Russell@deschutes.org Bend Airport Zoning Map Amendment: The City of Bend submitted a land use application (247-14-000156-ZC) to amend the zoning maps for the Airport Development (AD) zone in Deschutes County Code (DCC) 18.76 and its subzones of Airfield Operations District (AOD), Aviation-Related Industrial District (ARID), and Aviation Support District (ASD). The application would correct a procedural error from the 2003 adoption of the subdistricts and the 2002 Bend Airport Master Plan Update. Staff contact: Peter Russell, Peter.Russell@deschutes.org. Changes to Code Requirements for Traffic Studies: The BOCC held a public hearing and first reading of Ordinances 2014- 001 and 2014-017 on June 4, and a second reading on June 25. The ordinances take effect on September 24. These ordinances move the traffic study requirements from DCC 17.16 (Master Plans and Subdivisions) to DCC 18.116 (Supplemental Provisions). The latter is a more logical location, as the County often receives land use applications that are neither subdivisions nor master plans but generate sufficient traffic to require analysis. Additionally, the two ordinances standardize the performance standard for all County roads at Level of Service (LOS) D, regardless of whether the road is existing, planned, or new. The Code previously set LOS C for planned or new roads, but never defined a time period for when a road was new versus existing. Staff contact: Peter Russell, Peter.Russell@deschutes.org Current Planning Thornburgh Destination Resort Appeal (A-13-8). Loyal Land, LLC, filed an application asking the County to hold a hearing on the remand from LUBA on the issue of whether the conceptual master plan (CMP) for the resort has been initiated. The Hearings Officer found that the CMP has not been initiated and that the CMP is void. Loyal Land, LLC, appealed that decision to the BOCC (A-14-1). The BOCC held a hearing on June 4, 2014, started deliberations on July 2, and issued an oral decision on July 7, 2014. Staff contact: Kevin Harrison, Kevin.Harrison@deschutes.org Sunriver Service District Plan Amendment and Zone Change (PA-14-1, ZC-14-1). Sunriver Service District applied for a Plan Amendment and Zone Change for a 4.28-acre portion of a larger 332-acre parcel located along the eastern boundary of the Sunriver Urban Unincorporated Community. The request includes changing the plan designation and zoning of the 4.28-acre portion from Sunriver Forest District (SUF) to Sunriver Utility District (SUU), and for an exception to Goal 4, Forest Lands. On June 13, 2014, the Deschutes County Hearings Officer recommended approval of the proposed plan amendment and zone change. A public hearing before the BOCC has yet to be scheduled. Staff contact: Cynthia Smidt, Cynthia.Smidt@deschutes.org Sunriver Text Amendment (TA-14-5). Busch Law Firm, PLLC, for AT&T, applied to amend the Sunriver Community General District Zone to allow wireless telecommunication facilities as a conditional use. The Deschutes County Planning Commission will hold a public hearing on Thursday, July 24, 2014. Staff contact: Cynthia Smidt, Cynthia.Smidt@deschutes.org T TA-14-2. Gary Knight and Alex Robertson applied for a Text Amendment to Chapter 18.32, Multiple Use Agricultural Zone (MUA-10) and Section 18.128.050 of Title 18 of the Deschutes County Code (DCC) to allow the potential for the creation of new manufactured home parks in the MUA-10 zone, and lessen the requirements for expansion of existing manufactured home parks in the same zone. The Planning Commission held a work session regarding this text amendment on June 12, 2014, and will hold a public hearing on Thursday, July 10. 2014. Staff contact: Paul Blikstad, Paul.Blikstad@deschutes.org STAFF DIRECTORY NNNAMEAMEAME TTTITLEITLEITLE PPPHONEHONEHONE EEEMAILMAILMAIL Nick Lelack Director (541) 385-1708 Nick.Lelack@deschutes.org Tim Berg GIS Analyst/Programmer (541) 330-4648 Tim.Berg@deschutes.org Paul Blikstad Senior Planner (541) 388-6554 Paul.Blikstad@deschutes.org Dale Brieske Building Inspector III—Electrical (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 Manager (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—Plumbing (541) 385-1700 Steven.Jensen@deschutes.org Jennifer Lawrence Permit Technician (541) 385-1405 Jennifer.L.Lawrence@deschutes.org Matt Martin Associate Planner (541) 330-4620 Matt.Martin@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 Assistant Building Official (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 Richard Wright Building Inspector III (541) 617-4746 Richard.Wright@deschutes.org Jim Williams Building Inspector II (541) 323-5221 James.Williams@deschutes.org To request this newsletter in an alternate format, call (541) 617-4747 or email ken.harms@deschutes.org.