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HomeMy WebLinkAbout2013 - 07 (Jul) Community Development UpdateLUBA Appeals Thornburgh. On June 12, the Court of Appeals affirmed LUBA’s decision on Loyal Land’s declaratory ruling. Loyal Land submitted the declaratory ruling to determine whether the conceptual master plan (CMP) for Thornburgh Destination Resort had been initiated. LUBA found that Loyal Land had not demonstrated that the use had been initiated because there was not sufficient evidence to show that the conditions of approval had been substantially exercised, and any failure to fully comply with the conditions of approval was not the fault of the applicant. LUBA remanded the County decision, but no action has been taken. The next step is for Loyal Land (the primary owner of Thornburgh) to decide whether it will initiate the County process to address the issues raised by LUBA in the remand or not. The significance of the court’s decision is that, if the CMP has been initiated, then the approval of the CMP cannot expire. Otherwise, if the CMP expires, then the Thornburgh Destination Resort would need to start over. On July 3, Loyal Land withdrew two pending applications requesting extensions of the CMP (County File Nos. E-11-56 and E-12-55). As a result of the withdrawal, the proceedings for these two applications is terminated. CCCOMMUNITY OMMUNITY OMMUNITY DDDEVELOPMENT EVELOPMENT EVELOPMENT DDDEPARTMENT EPARTMENT EPARTMENT July 3, 2013 CALENDAR (latest info at www.deschutes.org agendas are subject to change) Board of County Commissioners 1300 NW Wall St., Bend Meeting: 7-25-13 6:00 p.m. Issues: Joint Meeting with Planning Commission and DEQ — Southern Deschutes/North Klamath County Groundwater Protection Steering Committee Recommendations Planning Commission The Commission will meet one me in July - on July 25 in a Joint Meeng with the Board (Please see the column on the le.) From the Director’s Desk: The Community Development Department closed Fiscal Year 2012- 13 (FY 12-13) on June 30 with several high notes and one low note. Building Safety Official Dave Pedersen experienced a significant medical issue on Father’s Day and remains out of the office indefinitely. We are pleased to report that Dave’s condition is improving. He is missed greatly by everyone. Our Building Safety Division team’s extraordinary experience, culture and customer service—long developed and fostered under Dave’s leadership—is not missing a beat during the height of the construction season. Randy Scheid, Building Safety Inspector III, is serving as Interim Building Official. Randy has served the County for over seven years, and worked for Caterpillar for nearly 20 years previously. His combination of technical skills, certifications, and customer service make him well suited for this role—he is performing superbly. Oregon Administrative Rules, Chapter 918, Division 98 Certification Rules, allow Randy to serve in this capacity for up to six months. In addition, Randy has brought back Richard Wright, Building Inspector III, in a Limited Duration Position to assist with our increasing work load. Richard’s extensive commercial experience will be called upon during Dave’s absence and Randy’s reassignment. I am pleased to announce that Lori Furlong now manages the County’s Code Enforcement program. She continues to supervise the Coordinated Services Division and oversee the installation of the County’s new ePermitting software program, Accela. Lori’s tenure with CDD spans 25 years. Her new title is Administrative Manager. CDD’s business volume increased significantly in FY 12-13 over FY 11-12, and particularly over the last 6 months. • 72% increase in new home permits (218 permits issued in FY 12-13). • 38% increase in septic evaluations (101 evaluations in FY 12-13). • 57% increase in total building permit valuation ($125 million FY 12-13). • 16% increase in planning permits (427 in FY 12-13). • 7.6% increase in total active code enforcement case load (210 active cases) and 3.7% increase in new cases (248 in FY 12-13). We wish everyone a very happy 4th of July! Have fun & be safe. CALENDAR (latest info at www.deschutes.org agendas are subject to change) LUBA No. 2012-102 and 2012-103 issued 6/19/13. This is a case from Multnomah County which deals with the questions of whether “farm to plate dinners,” “food carts,” and “fee based small-scale gatherings such as birthday parties, picnics and similar activities” are permitted under the statute and administrative rule which authorize “fee based activity to promote the sale of farm crops or livestock sold at a farm stand” in the EFU zone. As LUBA explains in its decision, these are anything but straightforward questions. Ultimately, LUBA ruled that the “farm to plate dinners” proposed by the applicant are accurately described as “banquets” and are prohibited under the farm stand statute and rule, even if the dinners are conducted entirely outdoors. With respect to “food carts”, LUBA found that as long as any authorization of food carts is appropriately limited so that it constitutes “sales of retail incidental items” in conjunction with farm stand sales and special events that are “fee based activity to promote the sale of farm crops or livestock”, they would be consistent with the statute and rule. Finally, LUBA found that the County’s authorization of “small-scale gatherings such as birthdays, picnics, and similar activities” were within the scope of the promotion clause in the farm stand statute and rule, as long as the gatherings promote the sale of farm crops or livestock. LUBA agreed with the County that corporate retreats, family reunions, weddings and concerts inherently lack a sufficient connection with agriculture and sale of farm crops or livestock to qualify as farm stand promotional events. Coordinated Services Accela. On June 5, the BOCC signed the IGA between Deschutes County and the State of Oregon to provide the Accela Building module. That same day, they also signed the contracts between Deschutes County and Accela for the Planning and Code Enforcement modules. This is the culmination of the last four years of strategic planning and preparation for a seamless transition to the new software. The benefits include the ability to apply for all building division-related permits online, including electronic plan review of construction plans. All fees can be paid through the Citizen Access Portal; and viewing options include payment history, permit or project status, scanned documents, inspection scheduling and results. Accela has extended the accessibility of Citizen Access to mobile devices. Inspectors will eventually have the opportunity to use tablets in the field to view inspections, post results and map their inspection routes geographically. We are currently underway with development of the building module and anticipate going live in September 2013. The Cities of Redmond and Sisters are in the development stage of the building module and will also be going live this fall. The Planning and Code Enforcement modules are expected to go live in spring 2014. The County will coordinate with the Central Oregon Builders Association to offer training courses for contractors, including demonstrations on use of the Citizen Access portal, submitting electronic documents and using a mobile device with Citizen Access. Todd Cleveland has been appointed as a member of the Department of Agriculture’s Upper Deschutes Local Advisory Committee and will be involved with outreach and education on groundwater quality improve- ment projects and compliance investigations, as well as developing or updating rules regulating agriculture for water quality purposes. Planning Newberry Country Plan. The Deschutes County Board of Commissioners amended its Comprehensive Plan on May 29, 2013 by adopting Ordinance 2013-007 to formally recognize an area specific plan titled, Newberry Country: A Plan for Southern Deschutes County . The Plan encompasses the rural areas south of Lava Butte with two exceptions: Sunriver and La Pine are governed separately. It addresses the area's unique assets, local values and preferences for growth and development, the environ- ment, natural hazards, transportation and more. Ordinance 2013-007 was appealed to the Land Use Board of Appeals (LUBA) in June by Kathy Phillips. A LUBA decision is expected later this fall. Staff contact: Peter Gutowsky, peter.gutowsky@ deschutes.org. To download a copy of the Plan, visit the South County Plan website at www.deschutes.org/NewberryCountry. Central Oregon Large-Lot Industrial Land Need Analysis. Central Oregon Inter- governmental Council (COIC) and the City of Redmond deserve to be recognized for their recent efforts as committed partners of the regional large-lot industrial lands program. This spring, COIC coordinated with cities and counties in Central Oregon to sign an Intergovernmental Agreement (IGA), recognizing COIC as the regional governance authority. Building on Deschutes County’s model ordinance, they also collaborated with Crook and Jefferson counties to adopt the Central Oregon Large Lot Industrial Land Need Analysis (Analysis) and regional large lot industrial lands policies into their respective Comprehensive Plans. These three County ordinances now provide a policy framework to coordinate as a single entity promoting large-lot industrial employment sites that best serve the region as a whole to create family wage jobs, economic diversification and place Central Oregon on the map for regional, national and international industrial recruitment. Cities in the region can now rely on the Analysis to address the short-term need for up to nine competitive and diverse vacant, developable large lot industrial sites. This month, the City of Redmond produced a preliminary large lot industrial buildable lands inventory, a Reconnaissance Level Infrastructure Analysis, and a draft regional large lot industrial zone. The Infrastructure Analysis, coupled with the IGAs and tri-county ordinances represent extraordinary accomplishments for Central Oregon. These deliverables, working in tandem, identify a site owned by the Oregon Department of State Lands adjoining Redmond’s Urban Grown Boundary as a plausible location for a regional large-lot industrial campus. The next task for the region is to refine the Reconnaissance Level Public Facility Analysis and hone in on the site’s serviceability issues, size, and market- ability for accommodating a large- lot industrial user, and with COIC for an official endorsement. 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 Brownfields Assessment Grant. Last month, USEPA selected Deschutes County for two brownfields assessment grants totaling $400,000. Community- wide hazardous substances grant funds will be used to build a systematic inventory of brown-field 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. Deschutes County is coordinating with USEPA to submit a final work plan, detailed budget, and complete application packet by July 1. USEPA is expected to review the materials over the summer and sign a cooperative agreement by October 1. Staff contact: Peter Gutowsky, peter.gutowsky@deschutes.org. Sage-Grouse. Last summer Deschutes County signed a Memorandum of Understanding with the Bureau of Land Management (BLM) to become a cooperating agency. BLM is conducting an environmental analysis and preparing a draft and final programmatic Environmental Impact Statement (EIS) for amendment of federal land use plans to incorporate conservation measures for the greater sage-grouse in Central and Eastern Oregon. In March 2010, the US 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). Because the threat to the survival of the greater sage-grouse is high, however, the BLM will be conducting an environmental impact analysis regarding possible conservation measures for the sage- grouse. The analysis includes a study of Central Oregon. Once the analysis is completed, the BLM will then consider incorporating these or other conservation measures for the protection of greater sage-grouse and its habitat into relevant BLM regional conservation programs by September 2014. In conducting the environmental analysis, the BLM desires to cooperate and coordinate its efforts with the state and local governments since they have special expertise concerning land use as well as social and economic baseline information. Deschutes County is also participating with Harney County to consider possible land use strategies for greater sage-grouse habitat on non-federal lands. The program, funded by a DLCD TA grant, involves all of Oregon’s affected counties in a unique regional lands approach to wildlife conservation planning in concert with Oregon’s Sage-Grouse Conservation Partnership, convened by the Governor’s office. Currently, Baker, Crook, Deschutes, Harney, Lake, Malheur, and Union Counties are performing baseline assessments and impact analyses to characterize the level of disturbance associated with development in sage-grouse designated habitat subject to local permitting authority. Land use and building permits issued from 2003-2013 are being examined. After completing this assessment, which will include an evaluation of comprehensive planning, zoning, wildlife conservation measures, population, and ten-year development histories in Core Area and Low Density habitat, each respective county will analyze whether this pattern poses a risk to sage-grouse. A draft report containing all the counties’ assessments is expected in early July. Staff contacts: Peter Gutowsky, peter.gutowsky@deschutes.org, Jon Jinings, Jon.Jinings@state.or.us, and Brandon McMullen, Brandon.Mcmullen@ co.harney.or.us. Historic Preservation. Deschutes County initiated a Declaratory Ruling, requesting interpretation of County Ordinance No. 92-019 and related documents regarding the Cline Falls Power Plant Historic Site (DR-13-6). County records adopted in 1992 contain inconsistencies in the description of the Cline Falls Power Plant Historic Site and protected structures. The issue is whether Ordinance No. 92-019 and related documents protect just the dam, penstock, and powerhouse or the entire site. The Deschutes County Historic Landmarks Commission, after holding a hearing on May 6, deliberated on June 24 and formally declared that the entire site, including the dam, penstock, and powerhouse, is designated as a historic resource. Staff contact: Cynthia Smidt, Cynthia.Smidt@deschutes.org. Deschutes County issued a Request for Proposal (RFP) on May 20 seeking the services of persons or firms qualified to conduct a Reconnaissance Level Survey of local, state, and federal landmarks containing tourism and recreation features in rural Deschutes County, which for the purpose of this project includes the city of Sisters. The deadline for submitting an RFP closed on June 17. Deschutes County received three proposals and is now working with a subcommittee and legal counsel to select a consultant and award a contract. Deschutes County held an evening open house at the Deschutes County Historical Society on June 26. The purpose was to provide information to property owners about a photography project commencing this summer that pertains to a historic landmark they own. Funded by a State Historic Preservation Office, Certified Local Government grant, volunteer photographers will be photographing 53 historic landmarks located in the rural County and in the City of Sisters. Next spring, photographs will be incorporated into an interactive website managed by the Community Development Department that enables viewers to learn more about each property’s historic and cultural heritage. Staff Contact: Peter Gutowsky, peter.gutowsky@deschutes.org. Transportation Planes, bicycles, canoes, and system development charges (SDCs) provided the prevalent themes for May. County staff met with their counterparts at the City of Bend to discuss the City’s recently completed draft of the Bend Airport Master Plan (BAMP) Update. The document, required by the Federal Aviation Administration (FAA), provides a 20-year plan for aircraft operations at the field including types and volumes of aircraft and layout of uses. The City-owned airport sits on County-zoned land; the BAMP will be adopted into the County’s Comprehensive Plan and the Transportation System Plan (TSP). The County has proposed a draft scope of work to the City for County staff to prepare the necessary land use applications and burden of proof. The major changes at the airport would include potential expansion onto County-owned land to the northeast, the relocation of the Powell Butte Highway to accommodate a northward expansion of the runway, and more precisely defining County code as to what “aviation- and airport-related land uses” means. Work on amending the Comp Plan and TSP to accommodate the BAMP is not expected to occur until late summer at the earliest, with publicly noticed hearings in the fall. County staff discussed how the County TSP addresses Oregon Scenic Bikeways and County designated bikeways. The recounting of the development of the bikeways and associated policies and maintenance operations was part of the third annual Tri-County Bike Summit which this year was held June 17 at Meadow Lakes Golf Course Clubhouse in Prineville. Staff from the cities and counties in Central Oregon as well as ODOT staff from Salem discussed mutual challenges and successes in providing a trans- portation system for bicyclists and pedestrians. Identifying regulatory challenges and floating ideas about addressing public safety at the Harper Bridge launching point by Spring River Road and the Deschutes River were the focus of a June 4 onsite meeting. County Planning staff huddled with representatives from the Sunriver Owners Association (SROA), Sunriver Public Works, US Army Corps of Engineers, Oregon Department of Fish and Wildlife (ODFW), and Oregon Parks and Recreation Department (OPRD). Staff and SROA shared two design concepts to address parking and circulation issues that the SROA had shared with the Oregon State Marine Board (OSMB). One concept had more accommodations for boat trailers, which would make it more competitive for Marine Board funding, and one was smaller scale in terms of trailers. Staff from the various regulatory agencies provided preliminary comments. The Board of County Commissioners updated the Countywide Transportation SDC in public hearings on Resolution 2013-020. The resolution sets an SDC rate of $3,758 per p.m. peak hour trip for non-residential uses and $3,044 per p.m.-hour trip for residences. (Typically, the p.m. peak hour is defined as between 4-6 p.m.) The methodology arrived at the lower rate for residential uses due to the mix in the rural County of primary and secondary homes. Primary homes typically generate 10 trips a day and 1 in the p.m. peak while secondary homes generate about 3 trips a day and 0.26 in the p.m. peak. According to US Census data, secondary homes account for about 26% of the County’s housing units. After a presentation from representatives of the Tetherow destination resort, which pays SDCs to both the City of Bend and the County, the Board agreed residences at Tetherow would pay an SDC of 50% of whatever the current rate is, now $1,522. Non-residential uses in Tetherow would pay the full SDC rate. Finally, due to the costs to meet the State Historic Preservation Office requirements, the County has withdrawn from the Oregon Parks and Recreation Dept. grant to build a paved segment of the Tumalo Trail. The County recommends the grant funds be allocated to build a soft surface or gravel trail in place of the paved segment. Building Safety We are in full swing here in the Building Safety Division. Summer is historically our busy season and it is nice, once again, to feel the buzz of an active building community. We currently have two hotels coming out of the ground, a large golf clubhouse addition underway, and two of the three Mt. Bachelor tenant improvements scheduled for this year have been approved and issued. Bend Parks and Recreation’s new structures at the Old Bend Pine Nursery have also been issued and the ground work has begun. Our one- and two-family homes are being submitted, reviewed, and constructed at a nice sustainable rate. We have reviewed a couple of very large homes for the first time since the downturn. Everyone in the division has stepped up in a such a professional way during Dave’s absence that it will make him proud upon his return. To request this newsletter in an alternate format, call (541) 617-4747 or email ken.harms@deschutes.org. NNNAME AME AME TTTITLE ITLE ITLE PPPHONE HONE HONE EEEMAIL MAIL MAIL 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 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 Todd Cleveland Environmental Health Spec. III (541) 617-4714 Todd.Cleveland@deschutes.org STAFF DIRECTORY