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HomeMy WebLinkAbout2014 - 11 (Nov) Community Development UpdateCCCOMMUNITYOMMUNITYOMMUNITY DDDEVELOPMENTEVELOPMENTEVELOPMENT DDDEPARTMENTEPARTMENTEPARTMENT October 31, 2014 From the Director’s Desk: 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 Halloween It’s time to trick or treat, fall back an hour, and cast a ballot in next Tuesday’s election. We wish everyone a safe and happy Halloween and an extra hour-long weekend, and we encourage participation in our democratic process. Unfortunately it was not a trick or treat to receive Building Safety Director/Building Official Dave Pedersen’s retirement announce- ment, effective December 31. Dave’s leadership and management of the County’s Building Division through the recession and recovery have truly been exceptional. We will celebrate Dave’s outstanding 18-year career at Deschutes County on December 16. Details are forthcoming. CDD will have experienced three retirements from September through December from the Building, Planning and Coordinated Services Divisions, which are significant changes for our relatively small staff of just over 30. We won’t miss a beat in providing services, however, as we welcome new members to our team who hit the ground running. This past month, the Board of County Commissioners (BOCC) adopted the Code Enforcement Policies and Procedures Manual Update. The Manual was developed in the mid-1990s, adopted in 1996, amended in 1997, and updated in 2014. In 2012, CDD staff initiated the Manual update in coordination with the BOCC, Legal Counsel, and the Sheriff’s Office. After two years of in- depth review and citizen involvement, the BOCC adopted a new and improved Manual, which is significantly more user-friendly, reflects modern code enforcement practices and procedures, and yet retains the core program approach to pursue voluntary compliance. One prominent issue discussed is whether the County should restrict the issuance of permits on properties with a code violation as a matter of policy and code. The BOCC removed the policy from the Manual update, and directed staff to convene a group of diverse stakeholders to explore whether general agreement can be reached on an amendment to County Code to address this issue. I want to recognize Code Enforcement Tech John Griley for his outstanding efforts in managing this project over the past two years! Sher Buckner also provided outstanding technical assistance in making this document user-friendly and a contemporary publication. Great job Sher! The updated manual can be viewed at www.deschutes.org/cdd. Current Planning Miller Tree Farm Subdivision and Conditional Use (247-14-000242- CU/243-TP; 247-14-000244-CU/245- TP; 247-14-000246-CU/247-TP; 247-14 -000248-CU/249-TP; 247-14-000250- CU/251-TP): The Planning Division received five conditional use permit and tentative plat applications to establish a planned unit/cluster development (subdivision). Proposed are 50 two-acre residential lots and over 422 acres of permanently preserved open space, most of which will be publicly accessible via a comprehensive trail network. A public hearing is scheduled for Thursday, November 6, 2014, at 6:30 p.m. Staff contact: Anthony Raguine; Anthony.Raguine@ deschutes.org Land Use Compatibility Statement (247-14-000238-PS): The Planning Division approved a Land Use Compatibility Statement submitted by Tumalo Irrigation District to transfer approximately 108-acre feet of water right from Tumalo Creek to a reservoir created at the Klippel Acres Mining Site (Assessor’s map 17-11-13, Tax Lots 824 and 828). The approval was appealed. A public hearing before the Deschutes County Hearings Officer was conducted on October 7, 2014. A decision is expected by late December of this year. Staff contact: Anthony Raguine, Anthony.Raguine@ deschutes.org Central Oregon Irrigation District (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 Todd Cleveland demonstrates a groundwater model during County College presentations. outright in the SR-2.5 Zone the “operation, maintenance and piping of existing irrigation systems operated by an Irrigation District, except as provided in DCC 18.120.050.” The Deschutes County Planning Commission held three hearings on the proposed text amendment. The BOCC held a public hearing on the proposed text amendment on July 2. The applicant submitted a letter to the BOCC dated August 13 requesting that the BOCC hold the text amendment application in abeyance for a few months to allow the applicant to pursue possible mediation with opponents. The BOCC held a work session on the applicant’s request for the abeyance on August 13th and voted to extend the review of the application with a final decision by March 25, 2015. Staff contact: Paul Blikstad; Paul.Blikstad@deschutes.org Crescent Moon (CU-14-7, LM-14-28): On October 20, 2014, the Hearing Officer approved a conditional use permit to sell alpaca products and incidental items on a property south of Terrebonne as a commercial activity in conjunction with farm use. This decision included a reconsideration by the Hearings Officer that determined, following the Board’s decision in LUP-12-2, that “incidental and subordinate” findings could include analysis of the monetary, spatial, and temporal impacts of the commercial activity. Staff contact: William Groves; William.Groves@ deschutes.org Deschutes Junction Comprehensive Plan Amendment and Zone Change (PA-14-2, ZC-14-2): On October 16, 2014, the Hearing Officer approved a plan amendment and zone change from Exclusive Farm Use (EFU) to Rural Industrial (RI), and a goal exception, for a 2.65-acre site located at Deschutes Junction north of Bend (Tax Map 16-12-26C, Tax Lot 107). This matter will be heard by the BOCC de novo at a date to be determined. Staff contact: William Groves; William.Groves@deschutes.org Leading Edge Aviation Site Plan (A-13-4, SP-13-7): In a decision signed on September 29. 2014, the BOCC approved Leading Edge Aviation's site plan approval (A-13-4, SP-13-7) to establish an aviation fueling station at Bend Airport. Opponents had previously appealed the decision to LUBA, and LUBA remanded the decision back to the Hearings Officer for further proceedings. This decision has again been appealed to LUBA by opponents. Staff contact: William Groves; William.Groves@ deschutes.org Sunriver Text Amendment (TA-14-5): Busch Law Firm, PLLC, for AT&T, applied to amend the Sunriver Community General District Zone (SUCG) to allow wireless telecommunication facilities as a conditional use. A public hearing was held before the BOCC on September 24, 2014. The BOCC approved the proposal on October 8, 2014, and adopted the associated Ordinance 2014-020. The ordinance will become effective in 90 days. Staff contact: Cynthia Smidt, Cynthia.Smidt@deschutes.org Tetherow Destination Resort Text Amendment (TA-14-4): Tetherow Vacation Homes, LLC, has received approval for a Text Amendment (TA-14-4) to amend Deschutes County Code Title 19 to change the number of weeks overnight units in destination resorts must be available for rental from 45 to 38. This change updates local code to meet state law. The ordinance is effective December 26, 2014. Staff contact: William Groves; William.Groves@deschutes.org Text Amendment, 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 adjoining the City of Bend Urban Growth Boundary, and lessen the requirements for expanding existing manufactured home parks in the same zone. The Planning Commission held a work session regarding this text amendment on June 12, 2014, and three public hearings on July 10, August 28, and October 9. The Planning Commission closed the hearing on October 9, deliberated and recommended approving Knight’s proposal and denying Robertson’s. Staff contact: Paul Blikstad, Paul.Blikstad@ deschutes.org 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 appealed that decision to the BOCC (A-14-1). The BOCC held a hearing on June 4, 2014 and rendered an oral decision by a 2-1 vote on July 7, 2014 holding that the CMP had been initiated. The BOCC issued its written decision on August 14, 2014. A Notice of Intent to Appeal to LUBA was received on September 2. Oral arguments are anticipated for February 2015. Staff contact: Peter Gutowsky, Peter.Gutowsky@deschutes.org. 4-R Equipment LLC (PA-04-8, ZC-04-6):. 4-R Equipment, LLC, has sent notice to the County to initiate the Land Use Board of Appeals (LUBA) remand hearing on its applications for a Plan Amendment to add the applicant’s property to the County’s Goal 5 surface mining inventory of mineral and aggregate resources, and a Zone Change from EFU to Surface Mining for approximately 365 acres in the Millican area. These applications have been approved by the County (three different times), but were appealed to LUBA, and subsequently remanded back to the County. The remand hearing will focus on the two remaining issues as determined in the latest LUBA decision. A work session with the BOCC is scheduled on November 5, 2014 and a hearing date for November 12, 2014. Staff contact: Paul Blikstad, Paul.Blikstad@deschutes.org Long-Range Planning Agricultural Lands Program: Staff met with the Board of the County Commissioners (BOCC) at a work session on October 29, 2014 to discuss the Agricultural Lands Program going forward. Based on its direction, the Planning Commission on November 13th will: Host a public forum to provide an opportunity for owners of property in the Conventional House Combining Zone (CHCZ) to comment on a concept of allowing temporary medical hardship dwellings in the CHCZ. Property owners in the CHCZ are currently prevented from utilizing a manufactured home or recreational vehicle as a medical hardship dwelling. Staff mailed letters on October 31st to these property owners informing them of the meeting and opportunities to provide oral and written comments by December 1. There is no current proposal to amend the CHCZ. Discuss preliminary Comprehensive Plan amendments to clarify that resource land, EFU and Forest Use parcels, can be re-designated and rezoned to non-resource lands through a quasi-judicial application process, without taking an exception to Goal 3 or Goal 4. Later in November, staff will meet in Salem with the Oregon Department of Land Conservation and Development (DLCD) to discuss implementation of HB 2229 (the Big Look Bill to allow counties to correct mapping errors in farm and forest zones). Based on these discussions, staff will schedule a work session and debrief the BOCC to determine the next steps. Staff contact: Matthew Martin, Matt.Martin@deschutes.org Bend Airport Zoning Map Amendment: On October 27, the Board of County Commissioners held a public hearing and voted unanimously to adopt Ordinance 2014-026 by emergency to correct map errors in Deschutes County Code (DCC) 18.76, Airport Development (AD) at the Bend Airport. City and County staff discovered the errors in March 2014. BOCC Ord. 2014-026 implements File 247- 14-000156-ZC, which was a land use application submitted by the City of Bend to the County. The AD Zone was created and mapped in 1980. When the County shifted from paper to electronic maps in the mid-1990s a third-party scrivener’s error moved the northern boundary of the AD Zone at the Bend Airport to the south. In 2003 the AD Zone was amended to allow Airfield Operations (AO), Aviation Support (AS), and Airport Related Industrial District (ARID) uses to the AD Zone. While the text for 18.76 was properly amended, the maps for the three subdistricts were not. As a result, no aviation uses were allowed at the Bend Airport. Staff contact: Peter Russell, Peter.Russell@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 2, CDD initiated a press release announcing a three-month window to accept applications to amend Deschutes County’s destination resort eligibility maps. The current eligibility maps became effective February 20, 2012. Oregon Revised Statutes (ORS) 197.455(2) allow counties to remap eligible lands for destination resorts once every 30 months. The deadline for submitting an application to CDD is Monday, 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 Oregon Administrative Rule (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 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 later this fall. 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. Staff anticipates a draft burden of proof and map of the affected area justifying a Goal 11 exception will be available from the Department of Land Conservation and Development (DLCD) and DEQ after the agencies hold informal public reviews on their proposal. DEQ and DLCD have not yet set the date, time, and locations of those reviews. 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 Harper Bridge Access Task Force: The task force has issued a report looking at each of the four quadrants of the bridge as a potential long-term solution to the challenges of access to the Deschutes River. Staff contact: Nick Lelack, Nick.Lelack@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 appealed the decision to the Land Use Board of Appeals (LUBA). On August 1, 2014, LUBA issued a Final Opinion and Order, remanding the case back to the County for the BOCC to further review the definition of “penstock.” The LUBA decision was not appealed to the Court of Appeals. Since this is a County-initiated declaratory ruling, the County will determine when to start the remand process. Staff contact: Cynthia Smidt, Cynthia.Smidt@ deschutes.org Historic Preservation Strategic Plan: CDD is developing a historic preservation strategic plan for rural Deschutes County and the City of Sisters. The strategic plan will provide a framework for shaping the rural county’s and Sisters’ preservation programs and services over the next five years and create a blueprint for allocating Certified Local Government (CLG) grant funding. The Historic Landmarks Commission meets on November 3rd at the Deschutes Services Center, 1300 Wall Street, Barnes and Sawyer Rooms in Bend at 5:30 p.m. to review public input generated from prior meetings and stakeholder discussions. For more information please visit www.deschutes.org/Community- Development/Historic-Landmarks.aspx. Staff contact: Matthew Martin, Matt.Martin@deschutes.org. Oregon Spotted Frog: On Thursday, August 28, the U.S. Fish and Wildlife Service announced its decision to extend protection to the Oregon spotted frog as a threatened species under the federal Endangered Species Act. The final rule designating critical habitat is expected later this fall. Once it is released, CDD will schedule a work session with the BOCC and use a matrix to discuss options for responding to critical habitat from a land use standpoint. 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 expected later this fall. Staff contact: Peter Gutowsky, Peter.Gutowsky@deschutes.org Transferable Development Credit (TDC) Advisory Committee: The TDC Advisory Committee held its third meeting with Planning Division and Environmental Soils staff on October 9. The next meeting is scheduled for November 6. The purpose of the committee 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. Meeting packets can be downloaded at: http://www.deschutes.org/ Community-Development/Regional-Projects-and- Resources/Transferable-Development-Credit- (TDC)-Advisory-Com.aspx. 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: Deschutes County is utilizing a federal grant to stimulate the cleanup and re-use of properties that are, or may be, affected by hazardous substances, including petroleum hydrocarbons. Two public meetings were held on September 17 and 24 in Bend and Redmond, respectively, to discuss a U.S. Environmental Protection Agency (EPA) Community-Wide Brownfield Assessment Grant and offer resources to eligible property owners throughout the county for Environmental Site Assessments (ESAs). Phase 1 ESAs involve a review of records, site inspections, and interviews with owners, occupants, neighbors and local government officials. Phase 2 ESAs include sampling and laboratory analysis to confirm the presence of hazardous materials. Stemming from the two September meetings, the County received eight applications for funding for properties located in Bend, Redmond, and the rural county. U.S. EPA-Region 10 approved eligibility for all of them. The County will be providing funding for Phase I Environmental Site Assessments (ESAs) on all of the eligible properties. The Phase I studies will likely cost in the range of $3,500 per property; therefore, the total costs for these initial studies will be in the range of $25,000. Following completion of the Phase 1 ESAs, a subset of the properties will likely be targeted for a Phase 2 ESA. The costs for Phase 2 ESAs can be significantly higher than Phase 1 ESAs. A Brownfield Advisory Committee will be convened in early January to prioritize them. More information is available at CDD’s website: http://www.deschutes.org/Community- Development/Regional-Projects-and-Resources/EPA- Community-wide-Brownfield-Assessment-Grant.aspx. Staff contact: Peter Gutowsky, Peter.Gutowsky@ deschutes.org Building Safety As fall ushers in its usual changes in weather and color, the Building Safety Division is experiencing its own changes. The State Building Codes Division (BCD) has taken control of the training and continuing education functions of the industry. Those with International Code Council certifications are scrambling to obtain the 45 hours of continuing education units required to maintain these certifications until BCD institutes its planned, like-for-like, certification swap program. The projected end result of these changes is to lower costs for jurisdictions to keep their inspectors current. Our most recently hired building inspector, Rainer Doerge, is up to speed and conducting all four residential inspection disciplines, along with commercial plumbing and mechanical inspections. We greatly appreciate Rainer’s immediate contributions to our team and customers. Members of our inspection team have completed BCD cross training programs in one- and two- family electrical and plumbing inspections and also received their BCD certifications. Inspectors who are cross-trained and multi-certified contribute to our department’s efficiencies. Another big change in the Building Safety Division is the recently announced retirement of the leader and face of the Department, David Pedersen. Not to worry, however, because the word on the street is Dave will be the newest on-call inspector, “Inspector Emeritus,” smoothing out the bumps of the high inspection count days, covering for inspectors’ vacations, and continuing to help staff hone their skills. Congratulations on your retirement, Dave! 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 Rainer Doerge Building Inspector I (541) 385-1702 Rainer.Doerge@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 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 Dave Pedersen Building Official (541) 385-3200 Dave.Pedersen@deschutes.org Lisa Petersen Permit Technician (541) 317-3188 Lisa.Petersen@deschutes.org Anthony Raguine Senior Planner (541) 617-4739 Anthony.Raguine@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 Jim Williams Building Inspector II (541) 323-5221 James.Williams@deschutes.org Richard Wright Building Inspector III (541) 617-4746 Richard.Wright@deschutes.org To request this newsletter in an alternate format, call (541) 617-4747 or email ken.harms@deschutes.org.