Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 – www.deschutes.org BOCC MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 AM, WEDNESDAY, JULY 15, 2020 Barnes Sawyer Rooms - Deschutes Services Center – 1300 NW Wall Street – Bend Board of Commissioners BOCC Meeting Agenda Wednesday, July 15, 2020 Page 1 of 4 This meeting is open to the public, usually streamed live online and video recorded. To watch it online, visit www.deschutes.org/meetings. Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or discussed. This notice does not limit the Board’s ability to address other topics. Item start times are estimated and subject to change without notice. CALL TO ORDER MEETING FORMAT In response to the COVID-19 public health emergency, Oregon Governor Kate Brown issued Executive Order 20-16 directing government entities to utilize virtual meetings whenever possible and to take necessary measures to facilitate public participation in these virtual meetings. Beginning on May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners will be conducted in a virtual format. Attendance/Participation options include: Live Stream Video: Members of the public may still view the BOCC meetings/hearings in real time via the Public Meeting Portal at www.deschutes.org/meetings. Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to comment on any meeting topic that is not on the current agenda. Citizen Input is provided by submitting an email to: [email protected] or by leaving a voice message at 541-385-1734. Citizen input received before the start of the meeting will be included in the meeting record. Zoom Meeting Information: Staff and citizens that are presenting agenda items to the Board for consideration or who are planning to testify in a scheduled public hearing may participate via Zoom meeting. The Zoom meeting id and password will be included in either the public hearing materials or through a meeting invite once your agenda item has been included on the agenda. Upon entering the Zoom meeting, you will automatically be placed on hold and in the waiting room. Once you are ready to
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Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 – www.deschutes.org
BOCC MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 AM, WEDNESDAY, JULY 15, 2020
Barnes Sawyer Rooms - Deschutes Services Center – 1300 NW Wall Street – Bend
Board of Commissioners BOCC Meeting Agenda Wednesday, July 15, 2020 Page 1 of 4
This meeting is open to the public, usually streamed live online and video recorded. To watch it online, visit
www.deschutes.org/meetings.
Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or
discussed. This notice does not limit the Board’s ability to address other topics.
Item start times are estimated and subject to change without notice.
CALL TO ORDER
MEETING FORMAT
In response to the COVID-19 public health emergency, Oregon Governor Kate Brown issued Executive Order
20-16 directing government entities to utilize virtual meetings whenever possible and to take necessary
measures to facilitate public participation in these virtual meetings.
Beginning on May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners will be
conducted in a virtual format. Attendance/Participation options include:
Live Stream Video: Members of the public may still view the BOCC meetings/hearings in real time via the
Public Meeting Portal at www.deschutes.org/meetings.
Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to comment on any
meeting topic that is not on the current agenda. Citizen Input is provided by submitting an email to:
[email protected] or by leaving a voice message at 541-385-1734. Citizen input received before
the start of the meeting will be included in the meeting record.
Zoom Meeting Information: Staff and citizens that are presenting agenda items to the Board for
consideration or who are planning to testify in a scheduled public hearing may participate via Zoom
meeting. The Zoom meeting id and password will be included in either the public hearing materials or
through a meeting invite once your agenda item has been included on the agenda. Upon entering the
Zoom meeting, you will automatically be placed on hold and in the waiting room. Once you are ready to
Consideration of Board Signature of Document No. 2020-459, Execute New Lease with
Peltier Real Estate Company and Board Signature of Document No. 2020-440 to Execute
Termination Agreement with La Pine Disposal & Recycling, Inc.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends your Board approve and the proposed new (revised) lease with Peltier
Real Estate Company for an initial 3-year term with an optional 2-year renewal extension
at a starting rate of $710/month with 3% annual increases for County-owned property
described above.
BACKGROUND AND POLICY IMPLICATIONS: Deschutes County owns property consisting of approximately 3-acres in the designated La Pine Industrial area leased by La Pine Disposal & Recycling, Inc. since 2010 at $410/month with a current lease expiration date of October 31, 2021. The lease includes: 1-acre known as map and taxlot 221013C000200 located at 16869 Finley Butte Road; 1-acre known as map and taxlot 220113C000300 located at 16857 Finley Butte Road; 1-acre of the northern portion of map and tax lot 221013C000700 located at 51365 Russell Road.
On June 3, 2020, by Order Number 2020-028, your Board authorized Transferring Solid Waste Franchises and Consenting to Identified Assignment, which in essence approved the solid waste franchise transfer from La Pine Disposal & Recycling, Inc. to Republic Services.
On June 22, 2020, your Board authorized a new lease with Peltier Real Estate Company, which is the real estate holding company for Republic Services; 3-year lease term through June 30, 2023 at $710/month with 3% annual increases and an optional 2-year renew extension. The use of the property will consist of parking and storage of vehicles and equipment associated with the lessee’s disposal business. Following the June 22, 2020 meeting, Peltier Real Estate Company contacted Deschutes County Property Management to request an adjustment to the leased area from 3-acres to 2.25-acres. The reason for the adjustment is due to the historical solid waste on a portion of the property. Though the
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revised lease would include less acreage, Peltier has agreed to pay the same rate of $710/month with 3% annual increases. FISCAL IMPLICATIONS: The following outlines anticipated monthly and annual payments through the initial 3-year lease term and optional 2-year renewal extension. In accordance with the Intergovernmental Agreement executed on October 25, 2019 between the County and the City of La Pine, all transactions are split 50% County and 50% City. Year-1 $710/month or $8,520/annually Year-2 $731/month or $8,772/annually Year-3 $753/month or $9,036/annually Year-4 $775/month or $9,300/annually -optional renewal extension Year-5 $799/month or $9,588/annually -optional renewal extension ATTENDANCE: Kristie Bollinger
Deschutes County Health Services was awarded $2,403,519.52 for the biennium from the Oregon Criminal Justice
Commission IMPACTS grant.
In 2019, the Oregon Legislature passed Senate Bill (SB) 973, which created the Improving People’s Access to
Community-Based Treatment, Supports, and Services (IMPACTS) Program. This legislation was informed by a
statewide Behavioral Health Justice Reinvestment Steering Committee, organized in 2018, which used a data-driven
approach to examine ways to improve outcomes for individuals who are frequent utilizers of both behavioral health
and criminal justice resources.
Informed by the analysis of the Steering Committee, the IMPACTS Program was enacted in recognition of the shortage of comprehensive community supports and services for individuals with mental health or substance use disorders, leading to their involvement with the criminal justice system, hospitalizations, and institutional placements. The purpose of the IMPACTS Program is to address this need by awarding grants to Oregon counties and federally recognized tribal governments to establish evidence-based and tribal-based programs to provide needed supports and services in local communities. The IMPACTS grant “target population” is defined as individuals who receive services and supports funded through the IMPACTS Program, have one or more behavioral health disorders, and are booked into a jail an average of four or more times in a one-year period or are high utilizers of criminal justice resources, hospital or urgent healthcare resources, or institutional placements. With the award of these grant funds, Deschutes County Health Services will enhance the staffing at the Deschutes County Stabilization Center and operate 24 hours a day, 7 days a week. Doing this would allow us to provide the full array of services, including 23-hour respite, which would enhance our ability to divert individuals from the emergency department and the jail. In addition, these funds will provide a Case Manager and a Peer Support Specialist to the
Forensic Assertive Community Treatment (FACT) Team who will work to divert individuals with mental health issues who are committing low level crimes out of the criminal justice system. DCHS is requesting approval to accept this grant award and hire 11 FTE. Thank you for your consideration. Sincerely, Holly
For Board of Commissioners BOCC Wednesday Meeting of July 15, 2020
DATE: July 6, 2020
FROM: Elizabeth Holden, Health Services,
TITLE OF AGENDA ITEM:
Consideration of Acceptance of SAMHSA Grant Funds for Comprehensive Community
System of Care Expansion of Services for Children with Serious Emotional Disturbances
RECOMMENDATION & ACTION REQUESTED:
Staff request approval to accept the grant award.
BACKGROUND AND POLICY IMPLICATIONS:
On April 3, 2019, the Board of County Commissioners approved Deschutes County Health Services’ (DCHS) request to apply for Substance Abuse and Mental Health Administration’s (SAMHSA) Grants for Expansion and Sustainability of the Comprehensive Community Mental Health Services for Children with Serious Emotional Disturbances. On June, 22, 2020, DCHS received notice from SAMHSA that we have been awarded this grant. These grant funds will help DCHS's Intensive Youth Services program meet contractual requirements for standing up the System of Care governance initiative. The additional FTE will enable us to meet fidelity requirements for the integration of first episode psychosis and young adult services into the system of care and will allow us to meet Wraparound Fidelity staff ratios. The contractual requirement is 15 clients to one care coordinator, while our Intensive Youth Services staff-to-client ratio averages 25 clients to one care coordinator.
FISCAL IMPLICATIONS:
The grant award is $1,000,000 per year for four years, from August 31, 2020 to August 30, 2024. Grant award recipients are required to provide the statutory match of $3 Federal to $ 1 non Federal. Matching resources may be in cash or in-kind; existing FTE may be contributed as in kind match. DCHS intends to apply existing program salaries as the -kind match. The key personnel for this program will be the local Project Director and the Lead Family Coordinator. Both of these positions are existing staff. Six additional FTE will support the delivery of Wraparound services, and data collection and analysis. Grant funds will also cover the purchase of two vehicles, training and supplies, and contract dollars for youth crisis services provided by current contractor.
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FTE associated with this grant:
• 1.0 FTE BH Supervisor as Project Director (existing staff, in-kind match) • 1.0 FTE BHS I Lead Family Care Coordinator (existing staff, in-kind match) • 1.0 FTE Clinical Information Systems Analyst (additional FTE requested) • 2.0 FTE BHS I Care Coordinators (additional FTE requested) • 3.0 FTE Peer Support Specialist (additional FTE requested)
ATTENDANCE: Elizabeth Renteria Holden, Comprehensive Care for Youth and Families
Program Manager
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Notice of AwardSystem of Care Expansion and Sustainability Grants Issue Date: 06/22/2020Department of Health and Human ServicesSubstance Abuse and Mental Health Services Administration
Center for Mental Health Services
Grant Number: 1H79SM082952-01 FAIN: H79SM082952Program Director: Elizabeth Holden
Project Title: Deschutes County Comprehensive Community System of Care Expansion of Services for Children with Serious Emotional Disturbances
The Substance Abuse and Mental Health Services Administration hereby awards a grant in the amount of $1,000,000 (see “Award Calculation” in Section I and “Terms and Conditions” in Section III) to COUNTY OF DESCHUTES in support of the above referenced project. This award is pursuant to the authority of Sections 561-565 of the PHS Act, as amended and is subject to the requirements of this statute and regulation and of other referenced, incorporated or attached terms and conditions.
Award recipients may access the SAMHSA website at www.samhsa.gov (click on “Grants” then SAMHSA Grants Management), which provides information relating to the Division of Payment Management System, HHS Division of Cost Allocation and Postaward Administration Requirements. Please use your grant number for reference.
Acceptance of this award including the “Terms and Conditions” is acknowledged by the grantee when funds are drawn down or otherwise obtained from the grant payment system.
If you have any questions about this award, please contact your Grants Management Specialist and your Government Project Officer listed in your terms and conditions.
Sincerely yours,Eileen BermudezGrants Management OfficerDivision of Grants Management
Direct Cost $914,694Indirect Cost $85,306Approved Budget $1,430,398Federal Share $1,000,000Non-Federal Share $430,398Cumulative Prior Awards for this Budget Period $0
AMOUNT OF THIS ACTION (FEDERAL SHARE) $1,000,000
SUMMARY TOTALS FOR ALL YEARSYR AMOUNT1 $1,000,0002 $1,000,0003 $1,000,0004 $1,000,000
*Recommended future year total cost support, subject to the availability of funds and satisfactory progress of the project.
IC CAN 2020 2021 2022 2023SM C96J558 $1,000,000 $1,000,000 $1,000,000 $1,000,000
SM Administrative Data:PCC: CMHI20 / OC: 4145
SECTION II – PAYMENT/HOTLINE INFORMATION – 1H79SM082952-01
Payments under this award will be made available through the HHS Payment Management System (PMS). PMS is a centralized grants payment and cash management system, operated by the HHS Program Support Center (PSC), Division of Payment Management (DPM). Inquiries regarding payment should be directed to: The Division of Payment Management System, PO Box 6021, Rockville, MD 20852, Help Desk Support – Telephone Number: 1-877-614-5533.
The HHS Inspector General maintains a toll-free hotline for receiving information concerning
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fraud, waste, or abuse under grants and cooperative agreements. The telephone number is: 1-800-HHS-TIPS (1-800-447-8477). The mailing address is: Office of Inspector General, Department of Health and Human Services, Attn: HOTLINE, 330 Independence Ave., SW, Washington, DC 20201.
SECTION III – TERMS AND CONDITIONS – 1H79SM082952-01
This award is based on the application submitted to, and as approved by, SAMHSA on the above-title project and is subject to the terms and conditions incorporated either directly or by reference in the following:
a. The grant program legislation and program regulation cited in this Notice of Award.b. The restrictions on the expenditure of federal funds in appropriations acts to the extent
those restrictions are pertinent to the award.c. 45 CFR Part 75 as applicable.d. The HHS Grants Policy Statement.e. This award notice, INCLUDING THE TERMS AND CONDITIONS CITED BELOW.
Treatment of Program Income:Use of program income – Additive: Recipients will add program income to funds committed to the project to further eligible project objectives. Sub-recipients that are for-profit commercial organizations under the same award must use the deductive alternative and reduce their subaward by the amount of program income earned.
In accordance with the regulatory requirements provided at 45 CFR 75.113 and Appendix XII to 45 CFR Part 75, recipients that have currently active Federal grants, cooperative agreements, and procurement contracts with cumulative total value greater than $10,000,000 must report and maintain information in the System for Award Management (SAM) about civil, criminal, and administrative proceedings in connection with the award or performance of a Federal award that reached final disposition within the most recent five-year period. The recipient must also make semiannual disclosures regarding such proceedings. Proceedings information will be made publicly available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)). Full reporting requirements and procedures are found in Appendix XII to 45 CFR Part 75.
SECTION IV – SM Special Terms and Conditions – 1H79SM082952-01
REMARKS
New Award1. This Notice of Award (NoA) is issued to inform your organization that the application submitted through the funding opportunity Grants for Expansion and Sustainability of the Comprehensive Community Mental Health Services for Children and Families Program with Serious Emotional Disturbances (FOA SM20-007) has been selected for funding.
This award reflects conditional approval of the budget submitted January 27, 2020 as part of the application by your organization.
2. Recipients are expected to plan their work to ensure that funds are expended within the 12-month budget period reflected on this Notice of Award. If activities proposed in the approved budget cannot be completed within the current budget period, SAMHSA cannot guarantee the approval of any request for carryover of remaining unobligated funding.
3. All responses to award terms and conditions and post award amendment requests must be submitted as .pdf documents in eRA Commons. For more information on how to
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respond to tracked terms and conditions or how to submit a post award amendment request please refer to https://www.samhsa.gov/grants/grants-training-materials under heading Grant Management Reference Materials for Grantees.
4. Register Program Director/Project Director (PD) in eRA Commons:If you have not already done so, you must register the PD listed on the HHS Checklist in eRA Commons to assign a Commons ID. Once the PD has received their Commons ID, please send this information to your Grants Management Specialist. You can find additional information about the eRA Commons registration process at https://era.nih.gov/reg_accounts/register_commons.cfm.
5. Key Staff
Key staff (or key staff positions, if staff has not been selected) are listed below:
Elizabeth Renteria Holden, Project Director @ 100% level of effort
Suzanne Garliepp, Lead Family Coordinator @ 100% level of effort
Organizations receiving Federal Funds may not exceed 100% level of effort for any program staff member (Key Staff or otherwise) across all federally funded sources.
Any changes to key staff—including level of effort involving separation from the project for more than three months or a 25 percent reduction in time dedicated to the project—requires prior approval and must be submitted as a post-award amendment in eRA Commons.
For additional information on how to submit a post-award amendment, please visit the SAMHSA website: https://www.samhsa.gov/grants/grants-management/post-award-changes. Any technical questions regarding the submission process should be directed to the eRA Service Desk: http://grants.nih.gov/support/.
SPECIAL TERMS
Risk AssessmentThe Office of Financial Advisory Services (OFAS), SAMHSA may perform an administrative review of your organization’s financial management system. If the review discloses material weaknesses or other financial management concerns, grant funding may be restricted in accordance with 45 CFR 75/2 CFR 200, as applicable. The restriction will affect your organization’s ability to withdraw funds from the Payment Management System account, until the concerns are addressed.
Marijuana TermGrant funds may not be used, directly or indirectly, to purchase, prescribe, or provide marijuana or treatment using marijuana. Treatment in this context includes the treatment of opioid use disorder. Grant funds also cannot be provided to any individual who or organization that provides or permits marijuana use for the purposes of treating substance use or mental disorders. See, e.g., 45 C.F.R. § 75.300(a) (requiring HHS to “ensure that Federal funding is expended . . . in full accordance with U.S. statutory . . . requirements.”); 21 U.S.C. §§ 812(c)(10) and 841 (prohibiting the possession, manufacture, sale, purchase or distribution of marijuana). This prohibition does not apply to those providing such treatment in the context of clinical research permitted by the DEA and under an FDA-approved investigational new drug application where the article being evaluated is marijuana or a constituent thereof that is otherwise a banned controlled substance under federal law.Please email any related questions to [email protected]
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By October 30, 2020, submit via eRA Commons.
The DIS should be consistent with information in your application regarding access, *service use and outcomes for the program and include three components as described below. Questions about the DIS should be directed to your GPO. Examples of DIS can be found on the SAMHSA website at: https://www.samhsa.gov/grants/grants-management/disparity-impact-statement
*Service use is inclusive of treatment services, prevention services as well as outreach, engagement, training, and/or technical assistance activities.
The disparity impact statement consists of three components:
1. Proposed number of individuals to be served and/or reached by subpopulations in the grant implementation area should be provided in a table that covers the entire grant period. The disparate population(s) should be identified in a narrative that includes a description of the population and rationale for how the determination was made.
2. A quality improvement plan for how you will use your program (GPRA) data on access, use and outcomes to monitor and manage program outcomes by race, ethnicity and LGBT status, when possible. The quality improvement plan should include strategies for how processes and/or programmatic adjustments will support efforts to reduce disparities for the identified sub-populations.
3. The quality improvement plan should include methods for the development and implementation of policies and procedures to ensure adherence to the Enhanced Culturally and Linguistically Appropriate Services (CLAS) Standards and the provision of effective care and services that are responsive to:
a. Diverse cultural health beliefs and practices;
b. Preferred languages; and
c. Health literacy and other communication needs of all sub-populations within the proposed geographic region.
All responses to award terms and conditions must be submitted as .pdf documents in eRA Commons. For more information on how to respond to tracked terms and conditions please refer to https://www.samhsa.gov/grants/grants-training-materials under heading How to Respond to Terms and Conditions.
SPARSAll SAMHSA recipients are required to collect and report certain data so SAMHSA can meet its obligation under the Government Performance Results Act (GPRA) Modernization Act of 2010. These data are gathered using SAMHSA's Performance and Accountability Reporting System (SPARS). CMHI recipients are required to collect and report two types of data: one data set (infrastucture or IPP) is reported on a quarterly basis; the second data set is for the national outcome measures (NOMS) and data are collected and reported at baseline (i.e., upon entry of each client into the project), at six-month followup and at discharge. Recipients are required to do the following:
(1) Complete SPARS Annual Goals training and enter NOMS and IPP annual goals data into SPARS by November 30, 2020.
(2) NOMS Data: Begin entering NOMS baseline interview data into SPARS within 5 days after completion of each intake interview; conduct a NOMs reassessment interview six months following the intake interview and every 6 months thereafter; and complete a Clinical Discharge NOMS interview at the time of client discharge and enter these data into SPARS.
(3) IPP Data: Collect and begin reporting IPP data into SPARS during the 2nd quarter (January
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- March 2021) and quarterly thereafter.
Information about SPARS training and data reporting will be provided post-award.
SPECIAL CONDITIONS
Revised Detailed Budget with Narrative Justification and SF-424ABy September 30, 2020, submit via eRA Commons.
1. Fringe Rates: The individual rates charged for fringe all differ from the detailed fringe benefits rate of 28.1% (plus $19,384). Provide a detailed breakdown of all the elements/ components that comprise the fringe benefits rates. Show breakdowns for the fringe rate for each personnel separately if the rate does not apply uniformly to all personnel.
2. Travel, Registration Fees: Please move the Registration Fees to "Other" category for Year 2 and 4.
3. Equipment- Vehicles ($58,000): Provide additional Narrative Justification including a discussion of lease vs. purchase options or a statement addressing whether it is feasible and/or cost effective to lease vs. purchase.
4. Contract: a. Evaluation Services: The rate @ $200/hour exceeds the Executive Level II
Salary Limitation of $94.86 (based on 2080 hours per year), which applies to all subawards and subcontracts. Grant funds cannot be used to pay the direct salaries of individuals in excess of the Federal Executive Level II salary level. If the budgeted rates include costs other than direct salary, provide a detailed breakdown to show whether you are adhering to the Executive Schedule Level II limitation. If proposing an individual whose salary exceeds the Executive Schedule Level II limitation and your organization will pay the excess salary from other sources of funds, please provide a detailed explanation in your narrative justification.
b. GOBHI: The number of days in the Service column should be 50, not 75. Please correct accordingly.
c. Youth Villages: The cost should be $14,350 ($2,050 per client x 7 clients), not $15,000. Please review your calculations and correct accordingly.
5. Other:
a. Minor Facility Renovation: Renovation costs to existing facilities may be considered as Requests for Alterations and Renovations (A&R) but you will need to provide the following additional information.
o Please indicate:o Whether there are any other sources of funds available to fund the A&R?o Whether there are any other programs within this facility? If so, then
provide calculations to show how you arrived at SAMHSA’s fair share of the A&R for this grant.
b. Rent: There are several offices indicated on your floor plan and office space cost is typically already covered by indirect costs; however, if the space is a programmatic/service site expense, the cost may be a direct charge. Rent is calculated based on square footage usage or FTE and reflects SAMHSA’s fair share of the space. You provided the lease agreement, however, review and respond to the Rent Questionnaire on the SAMHSA webpage: Rent Questions Worksheet (https://www.samhsa.gov/sites/default/files/rentquestionsworksheet.docx).
6. Indirect Cost: Per FOA, the Modified Total Direct Costs (MTDC) excludes equipment, capital expenditures, charges for patient care, rental costs, participant support costs, and the portion of each sub-award (or contract) in excess of $25,000. Please review your
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calculations and correct accordingly.7. Submit a Revised Detailed Budget with narrative justification and SF-424A
incorporating the revisions requested above. You may reallocate funds elsewhere in your budget for reasonable, allowable, and necessary grant costs/activities equal to but not exceeding the award amount on page 1 of your NoA. In section B Column 1 of your SF-424A, show only the federal funds requested for each budget category and use columns 2 through 4 to show cost sharing and matching.
All responses to award terms and conditions must be submitted as .pdf documents in eRA Commons. For more information on how to respond to tracked terms and conditions please refer to https://www.samhsa.gov/grants/grants-training-materials under heading How to Respond to Terms and Conditions.
Marijuana Special Condition (States)By no later than September 30, 2020, please submit an attestation statement confirming compliance with the language below.
For state grantees, language in attestation should read, “I certify that all sub recipients comply with the following language:Grant funds may not be used, directly or indirectly, to purchase, prescribe, or provide marijuana or treatment using marijuana. Treatment in this context includes the treatment of opioid use disorder. Grant funds also cannot be provided to any individual who or organization that provides or permits marijuana use for the purposes of treating substance use or mental disorders. See, e.g., 45 C.F.R. § 75.300(a) (requiring HHS to “ensure that Federal funding is expended . . . in full accordance with U.S. statutory . . . requirements.”); 21 U.S.C. §§ 812(c)(10) and 841 (prohibiting the possession, manufacture, sale, purchase or distribution of marijuana). This prohibition does not apply to those providing such treatment in the context of clinical research permitted by the DEA and under an FDA-approved investigational new drug application where the article being evaluated is marijuana or a constituent thereof that is otherwise a banned controlled substance under federal law.
The attestation statement must be on letterhead and signed by the Authorized Representative or Business Official.
All responses to award terms and conditions must be submitted as .pdf documents in eRA Commons. For more information on how to respond to tracked terms and conditions please refer to https://www.samhsa.gov/grants/grants-training-materials under heading How to Respond to Terms and Conditions.
All previous terms and conditions remain in effect until specifically approved and removed by the Grants Management Officer.
STANDARD TERMS AND CONDITIONS
Annual Federal Financial Report (SF-425)By November 30, 2021, submit via eRA Commons.
The Federal Financial Report (FFR) (SF-425) is required on an annual basis and should reflect only cumulative actual Federal funds authorized and disbursed, any non-Federal matching funds (if identified in the Funding Opportunity Announcement (FOA)), unliquidated obligations incurred, the unobligated balance of the Federal funds for the award, as well as program income generated during the timeframe covered by the report. Additional guidance to complete the FFR can be found at http://www.samhsa.gov/grants/grants-management/reporting-requirements.
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FFR reporting must be entered directly into the eRA Commons system. Instructions on how to submit a Federal Financial Report (FFR) via the eRA Commons is available at https://www.samhsa.gov/sites/default/files/how-to-submit-a-samhsa-ffr.pdf.
Annual Programmatic Progress ReportBy November 30, 2021, submit via eRA Commons.
The Programmatic Report is required on an annual basis and must be submitted as a .pdf to the View Terms Tracking Details page in the eRA Commons System no later than 90 days after the end of each 12-month budget period.
The Annual Programmatic Report must, at a minimum, include the following information:
o Data and progress for performance measures as reflected in your application regarding goals and evaluation activities.
o A summary of key program accomplishments to-date.o Description of the changes, if any, that were made to the project that differ from the
application for this incremental period.o Description of any difficulties and/or problems encountered in achieving planned goals
and objectives including barriers to accomplishing program objectives, and actions to overcome barriers or difficulties.
Note: Recipients must also comply with the GPRA requirements that include the collection and periodic reporting of performance data as specified in the FOA or by the Grant Program Official (GPO). This information is needed in order to comply with PL 102-62, which requires that Substance Abuse and Mental Health Services Administration (SAMHSA) report evaluation data to ensure the effectiveness and efficiency of its programs.
The response to this term must be submitted as .pdf documents in eRA Commons. Please contact your Government Program Official (GPO) for program specific submission information.
For more information on how to respond to tracked terms and conditions please refer to https://www.samhsa.gov/grants/grants-training-materials under heading How to Respond to Terms and Conditions.
Additional information on reporting requirements is available at https://www.samhsa.gov/grants/grants-management/reporting-requirements.
Standard Terms for AwardsYour organization must comply with the Standard Terms and Conditions for the Fiscal Year in which your grant was awarded. The Fiscal Year for your award is identified on Page 2 of your Notice of Award. SAMHSA's Terms and Conditions Webpage is located at: https://www.samhsa.gov/grants/grants-management/notice-award-noa/standard-terms-conditions.
Compliance with Award Terms and Conditions
FAILURE TO COMPLY WITH THE ABOVE STATED TERMS AND CONDITIONS MAY RESULT IN ACTIONS IN ACCORDANCE WITH 45 CFR 75.3 71, REMEDIES FOR NON-COMPLIANCE AND 45 CFR 75.372 TERMINATION. THIS MAY INCLUDE WITHHOLDING PAYMENT, DISALLOWANCE OF COSTS, SUSPENSION AND DEBARMENT, TERMINATION OF THIS AWARD, OR DENIAL OF FUTURE FUNDING.
All previous terms and conditions remain in effect until specifically approved and removed by the Grants Management Officer.
In order to clariff my previous comments, I wish to keep them as simple as possible. Regardless oflocation, all properties proposed to have development require an approved site evaluation prior to plat approvalor being issued a construction permit. Based on my review of the subject properties, I expect that most if notall areas identified will be able to be approved for a proper onsite wastewater treatment system. This is thecase for the subject properties whether the proposed Nonprime Resource Lands amendments are approved ornot.
When we issue an approval for a system, it is to meet minimum standards to serve a single familydwelling (or proposed use) over at least a 20 year life with a complete replacement area. The approved systemwill serue the use while protecting public health and the environment based on current rules and our experiencein an area. If there is no system that can properly protect public health, natural resources or the environmenton a property, Environmental Soils staff will deny the site for any type of onsite system,
From: Carol Macbeth <[email protected]>Sent: Monday, April 20, 2020 8:02 PMTo: Zechariah HeckCc: Rory IsbellSubject: LandWatch addressAttachments: 2020-04-20_151642 Nonresource doc.pdf
[EXTERNAL EMAIL]
Hi Zechariah, Hope alll's well with you! LandWatch has moved, and our new address is 2843 NW Lolo Drive, Bend, OR 97703. Can you update the record to reflect our new address? Thanks! Best, Carol Macbeth -- Carol Macbeth Staff Attorney Central Oregon LandWatch
Definitely, our address is: Nathan & Euijin Gray 61558 River Rd. Thanks!
On Apr 14, 2020, at 8:00 AM, Zechariah Heck <[email protected]> wrote: Thanks for the comment, Nathan. Please provide your mailing address if you would like to receive notices regarding upcoming meetings and decisions. Zechariah Heck
Hi Zechariah, I would like to submit a written response to the proposal which will rezone our Skyliners neighborhood. I believe this historic neighborhood is a very beautiful community, filled with amazing people and many awesome wilderness lands to explore out our front door. Land use is a tricky subject in the sense there are infinite ways to approach the use of land and an equal number of voices exerting what is right. I am no resource lawyer but I have lived through a couple conflicts where land use and control of land was a central factor in the conflict. The first was the gulf war of 1991 which shut down my school for a couple months and which sadly resulted in death, displacement and environmental destruction on a scale I had previously never seen. The second conflict over land that I experienced was the Palestinian Israeli conflict which unfortunately is yet to be resolved. I’ll never forget biking through this region, weaving around the giant cement barrier walls and navigating the tense checkpoints where a gun pointed at my chest was now my reality. All this is to say we are very fortunate to call Bend home. I do not have a strong opinion either way of the most appropriate zoning for our Skyliner neighborhood due to a lack of understanding of the nuanced implications of such a proposed change. However I feel that the current zoning may not be appropriate for how the neighborhood has actually
ATTACHMENT 317.a
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progressed over the last 75 years or so. I am not aware of any existing commercial agriculture operations or timber operations in our neighborhood. A firewood operation as mentioned might be the only viable option or possibly a micro farm of some sort. I know in the past one neighbor was growing recreational marijuana but without any permits and not in a legal manner. In conclusion I trust that the individuals with deeper knowledge of the matters will make the best choices for everyone including the natural world. Thank you, Nathan Gray “Skyliners Is What Bend Was”
The Deschutes County Board of Commissioners will hold a continued public hearing on April 1, 2020, at approximately 10:00 a.m. in the Barnes and Sawyer Rooms of the Deschutes Services Center, 1300 NW Wall St., Bend, to consider the proposal described below. The Board is particularly interested in hearing from impacted property owners of the six residential areas described below.
FILE NUMBER: 247-19-000265-PA
APPLICANT: Deschutes County Community Development Department
117 NW Lafayette Avenue
Bend, OR 97701
PROPOSAL: A proposal to establish eligibility Comprehensive Plan criteria for six
specific areas currently designated Exclusive Farm Use or Forest Use to
Nonprime Resource (NPR) Lands, defined in Oregon Administrative
Rules (OAR) 660-004-0005(3) as “Non Resource Lands.”
LOCATION: The six legacy residential areas are: Haner Park, Section 36 (Township
22, Range 10), Skyline Subdivision and Skyline Subdivision 1st Addition,
Squaw Creek Canyon Recreational Estates 1st Addition and Meadow
DOCUMENTS: Can be viewed and downloaded from: http://www.deschutes.org/npr.
STANDARDS AND APPLICABLE CRITERIA
Title 22, Deschutes County Development Procedures Ordinance
Chapter 22.12 Legislative Procedures
Statewide Planning Goals
Oregon Administrative Rules
660-004 – Interpretation of Goal 2 Exceptions Process
660-006 – Forest Land
660-033 – Agricultural Land
Deschutes County Comprehensive Plan
Mailing Date:Tuesday, March 10, 2020
ATTACHMENT 517.a
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ALL INTERESTED PERSONS MAY APPEAR, BE HEARD, BE REPRESENTED BY COUNSEL, OR SEND WRITTEN SIGNED TESTIMONY. ALL WRITTEN REPLIES MUST BE RECEIVED BY THIS DEPARTMENT PRIOR TO THE HEARING DATE OR SUBMITTED AT THE HEARING. ANY PARTY TO THE APPLICATION IS ENTITLED TO A CONTINUANCE OF THE INITIAL EVIDENTIARY HEARING OR TO HAVE THE RECORD LEFT OPEN IN ACCORDANCE WITH SECTION 22.24.140 OF THE DESCHUTES COUNTY CODE. Failure to raise an issue in person at the hearing or in writing precludes appeal by that person to the Land Use Board of Appeals (LUBA). Failure to provide statements of evidence sufficient to afford the decision maker an opportunity to respond to the issue precludes appeal to LUBA based on that issue.
Copies of the application, all documents and evidence submitted by or on behalf of the applicant and
applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents per page. The
Planning Division is located in the Community Development Department Office at 117 NW Lafayette Avenue,
Bend, Oregon.
NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU
RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER.
Deschutes County encourages persons with disabilities to participate in all programs and activities. This
event/location is accessible to people with disabilities. If you need accommodations to make participation
possible, please call the ADA Coordinator at (541) 617-4747.
DOCUMENT SUBMISSION
Any person may submit written comments on a proposed land use action. Documents may be submitted to
our office in person, U.S. mail, or email.
In Person U.S. Mail
We accept all printed documents. Deschutes County Community Development
Planning Division, Attn: Zechariah Heck
P.O. Box 6005
Bend, OR 97708-6005
Email
Email submittals must comply with the following guidelines or otherwise must be submitted as a paper copy:
Submission is 20 pages or less
Documents can be printed in black and white only
Documents can be printed on 8.5” x 11” paper
Limitations
Deschutes County does not take responsibility for retrieving information from a website link or a
personal cloud storage service. It is the submitter’s responsibility to provide the specific information
they wish to enter into the record. We will print the email which includes the link(s), however, we will
not retrieve any information on behalf of the submitter.
Deschutes County makes an effort to scan all submittals as soon as possible. Recognizing staff
availability and workload, there is often a delay between the submittal of a document to the record,
and when it is available online. For this reason, the official record is the file that resides in the
Community Development Department office. The electronic record online is not a substitute for the
official record.
To ensure your submission is entered into the correct land use record, please specify the land use file
number(s).
Failure to raise an issue in person at a hearing or in writing precludes appeal by that person to the Land Use
Board of Appeals (LUBA), and that failure to provide statements or evidence sufficient to afford the decision
maker an opportunity to respond to the issue precludes appeal to LUBA based on that issue.
Copies of the application, all documents and evidence submitted by or on behalf of the applicant and
applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents per page.
Notice of the decision will be provided by a separate mailing. For more information or to request copies of
the findings and decision, contact the assigned planner.
NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU
RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER.
This Notice was mailed pursuant to Deschutes County Code Chapters 22.20 and 22.24.
l, Tonya McKiernan, a citizen of the United State and a resident of the county aforesaid; I am over the age of eigh-teen years, and not part to or interested in the above-entitled matter. I am the principal clerk of the printer of
Affidavit of Publication
TheBulletin1777 SW CHANDLER AVE, BEND Or] 977O2
a daily newspaper of general circulation, published in the aforesaid county and state as defined byORS 192.010 and ORS 192.020, that
Acct Name: DESCHUTES COUNTY COMMUNITY DEV.
PO Number: Public Hearing 4/01Legal Description: Legal Notice
NOTICE OF PUBLIC HEARINGfhe Deschutes County Board of County Commissioners will hold a publichearing on April 1, 2020 at approximately 10:00 a.m. in the Barnes andSawyer Rooms of the Deschutes Services Center, 1300 NW Wall St., Bend,to con
a printed copy of which is hereto affixed was published in each regular and entire issue of the saidnewspaper and not in any supplement thereof on the following dates to wit:
0311012020
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Dated at Bend, Oregon, this 10th day of March, 2020
AdName: 118405
State of Oregon, County of Deschutes
Subscribed and Sworn to before me this
Notary Public
Jrl)-day or M/[- ,zoE-ov
r
@OFFICIALSTA'#
ALYSHNVALDENOTARY PUBIJC4fiEOONcoMMtsgtoN l{o.mra
NAMYmn 'ssoil
EXPIRE9OCTOEEFA
Court of theNo.
ln the
STATE OF OREGON{or the
COUNTY OF DESCHUTES
AFFIDAVIT OF PUBLICATION
Attorney for
Filed
By
From the office of
ATTACHMENT 617.a
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ATTACHMENT 617.a
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Zechariah Heck
From: Zechariah HeckSent: Monday, March 09, 2020 10:35 AMTo: '[email protected]'Subject: Nonprime Resource LandsAttachments: 19-265-PA, NPRL -- Notice to Re-open Record Continued Public Hearing.pdf
Paul Lipscomb, Please see the attached notice of public hearing regarding the Nonprime Resource Lands amendments. The Board has decided to re‐open the record and hold a continued public hearing on April 1, 2020. A mailed notice was sent to the address we have on file for you form submitted testimony (16991 Bartlemay Lane, Sisters); it was returned as not deliverable. I wanted to share the notice with you somehow because you have attended several of the NPR hearings. Thus, the reason for the email. Let me know if you have any questions or concerns.
Zechariah Heck | Associate Planner DESCHUTES COUNTY COMMUNITY DEVELOPMENT 117 NW Lafayette Avenue | Bend, Oregon 97703
PO Box 6005 | Bend, Oregon 97708
Tel: (541) 385‐1704 | www.deschutes.org/cd
Disclaimer: Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person.
The Deschutes County Board of Commissioners will hold a continued public hearing on April 1, 2020, at approximately 10:00 a.m. in the Barnes and Sawyer Rooms of the Deschutes Services Center, 1300 NW Wall St., Bend, to consider the proposal described below. The Board is particularly interested in hearing from impacted property owners of the six residential areas described below.
FILE NUMBER: 247-19-000265-PA
APPLICANT: Deschutes County Community Development Department
117 NW Lafayette Avenue
Bend, OR 97701
PROPOSAL: A proposal to establish eligibility Comprehensive Plan criteria for six
specific areas currently designated Exclusive Farm Use or Forest Use to
Nonprime Resource (NPR) Lands, defined in Oregon Administrative
Rules (OAR) 660-004-0005(3) as “Non Resource Lands.”
LOCATION: The six legacy residential areas are: Haner Park, Section 36 (Township
22, Range 10), Skyline Subdivision and Skyline Subdivision 1st Addition,
Squaw Creek Canyon Recreational Estates 1st Addition and Meadow
DOCUMENTS: Can be viewed and downloaded from: http://www.deschutes.org/npr.
STANDARDS AND APPLICABLE CRITERIA
Title 22, Deschutes County Development Procedures Ordinance
Chapter 22.12 Legislative Procedures
Statewide Planning Goals
Oregon Administrative Rules
660-004 – Interpretation of Goal 2 Exceptions Process
660-006 – Forest Land
660-033 – Agricultural Land
Deschutes County Comprehensive Plan
ATTACHMENT 717.a
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ALL INTERESTED PERSONS MAY APPEAR, BE HEARD, BE REPRESENTED BY COUNSEL, OR SEND WRITTEN SIGNED TESTIMONY. ALL WRITTEN REPLIES MUST BE RECEIVED BY THIS DEPARTMENT PRIOR TO THE HEARING DATE OR SUBMITTED AT THE HEARING. ANY PARTY TO THE APPLICATION IS ENTITLED TO A CONTINUANCE OF THE INITIAL EVIDENTIARY HEARING OR TO HAVE THE RECORD LEFT OPEN IN ACCORDANCE WITH SECTION 22.24.140 OF THE DESCHUTES COUNTY CODE. Failure to raise an issue in person at the hearing or in writing precludes appeal by that person to the Land Use Board of Appeals (LUBA). Failure to provide statements of evidence sufficient to afford the decision maker an opportunity to respond to the issue precludes appeal to LUBA based on that issue.
Copies of the application, all documents and evidence submitted by or on behalf of the applicant and
applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents per page. The
Planning Division is located in the Community Development Department Office at 117 NW Lafayette Avenue,
Bend, Oregon.
NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU
RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER.
Deschutes County encourages persons with disabilities to participate in all programs and activities. This
event/location is accessible to people with disabilities. If you need accommodations to make participation
possible, please call the ADA Coordinator at (541) 617-4747.
DOCUMENT SUBMISSION
Any person may submit written comments on a proposed land use action. Documents may be submitted to
our office in person, U.S. mail, or email.
In Person U.S. Mail
We accept all printed documents. Deschutes County Community Development
Planning Division, Attn: Zechariah Heck
P.O. Box 6005
Bend, OR 97708-6005
Email
Email submittals must comply with the following guidelines or otherwise must be submitted as a paper copy:
Submission is 20 pages or less
Documents can be printed in black and white only
Documents can be printed on 8.5” x 11” paper
Limitations
Deschutes County does not take responsibility for retrieving information from a website link or a
personal cloud storage service. It is the submitter’s responsibility to provide the specific information
they wish to enter into the record. We will print the email which includes the link(s), however, we will
not retrieve any information on behalf of the submitter.
Deschutes County makes an effort to scan all submittals as soon as possible. Recognizing staff
availability and workload, there is often a delay between the submittal of a document to the record,
and when it is available online. For this reason, the official record is the file that resides in the
Community Development Department office. The electronic record online is not a substitute for the
official record.
To ensure your submission is entered into the correct land use record, please specify the land use file
number(s).
Failure to raise an issue in person at a hearing or in writing precludes appeal by that person to the Land Use
Board of Appeals (LUBA), and that failure to provide statements or evidence sufficient to afford the decision
maker an opportunity to respond to the issue precludes appeal to LUBA based on that issue.
Copies of the application, all documents and evidence submitted by or on behalf of the applicant and
applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents per page.
Notice of the decision will be provided by a separate mailing. For more information or to request copies of
the findings and decision, contact the assigned planner.
NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU
RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER.
This Notice was mailed pursuant to Deschutes County Code Chapters 22.20 and 22.24.
ATTACHMENT 717.a
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61150 SE 27 t h S t reet Bend, Oregon 9770 2
(541) 322-7117 ed. ke i th @deschutes .org www. deschutes .org
NATURAL RESOURCES
To: Deschutes County Community Development, attn: Zechariah Heck
Pond. Pine 85 77 85 0.66 6.6 200.00$ 180.00$ 13.28$
average revenue / year 13.78$
Section 36 114C
Shanahan
Lodgepole pine 81 70 81 0.63 6.3 215.00$ 180.00$ 22.15$
Ponderosa pine 75 62 75 0.59 5.9 200.00$ 180.00$ 11.72$
Cryaquolls N/A N/A 5w
115A
Shanahan, low 6e
Lodgepole pine 76 65 76 0.59 5.9 215.00$ 180.00$ 20.78$
Cryaquolls N/A N/A 5w
average revenue / year 18.22$
Squaw Creek Canyon Estates 159C
Wilt
Ponderosa pine 60 46 6e 60 0.47 4.7 215.00$ 180.00$ 16.41$
average revenue / year 16.41$
cord
cord
180.00$ 10.47$
cord
cord
50-84 (estimate based on
site class, volume per acre is
not provided in this soil
survey)
cord67 5.2 200.00$ 0.52
ATTACHMENT 817.a
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TAXLOT Subdivision Acres Annual Revenue
220904CC00158 Haner Park 0.25 2.62$ Haner Park
220904CC00108 Haner Park 0.5 5.23$ # of lots: 59
220909BB00132 Haner Park 0.54 5.65$ Average lot size (acres): 1.09
220909BB00153 Haner Park 0.54 5.65$ Average annual harvest income (by lot) 11.43$
220904CC00110 Haner Park 0.54 5.65$ Maximum annual harvest income 52.34$
220904CC00133 Haner Park 0.56 5.86$ Minimum annual harvest income 2.62$
220904CC00105 Haner Park 0.56 5.86$
220904CC00107 Haner Park 0.56 5.86$
220909BB00152 Haner Park 0.59 6.18$
220909BB00114 Haner Park 0.62 6.49$
220904CC00141 Haner Park 0.64 6.70$
220904CC00104 Haner Park 0.64 6.70$
220904CC00106 Haner Park 0.68 7.12$
220909BB00126 Haner Park 0.72 7.54$
220909BB00118 Haner Park 0.73 7.64$
220909BB00116 Haner Park 0.74 7.75$
220904CC00111 Haner Park 0.74 7.75$
220909BB00127 Haner Park 0.75 7.85$
220904CC00139 Haner Park 0.76 7.96$
220904CC00140 Haner Park 0.76 7.96$
220904CC00147 Haner Park 0.76 7.96$
220904CC00143 Haner Park 0.77 8.06$
220904CC00109 Haner Park 0.77 8.06$
220909BB00115 Haner Park 0.78 8.17$
220904CC00142 Haner Park 0.78 8.17$
220904CC00148 Haner Park 0.8 8.38$
220909BB00120 Haner Park 0.82 8.58$
220904CC00155 Haner Park 0.83 8.69$
220904CC00156 Haner Park 0.83 8.69$
220909BB00129 Haner Park 0.83 8.69$
220909BB00130 Haner Park 0.83 8.69$
220904CC00146 Haner Park 0.83 8.69$
220909BB00125 Haner Park 0.86 9.00$
220909BB00131 Haner Park 0.9 9.42$
220909BB00123 Haner Park 0.91 9.53$
220904CC00101 Haner Park 0.94 9.84$
220904CC00145 Haner Park 0.95 9.95$
220904CC00103 Haner Park 1 10.47$
220904CC00144 Haner Park 1.01 10.57$
220904CC00112 Haner Park 1.03 10.78$
220904CC00136 Haner Park 1.07 11.20$
220904CC00135 Haner Park 1.13 11.83$
220909BB00117 Haner Park 1.13 11.83$
220904CC00102 Haner Park 1.13 11.83$
220909BB00119 Haner Park 1.21 12.67$
220904CC00150 Haner Park 1.22 12.77$
220904CC00151 Haner Park 1.23 12.88$
220904CC00157 Haner Park 1.25 13.09$
220909BB00113 Haner Park 1.26 13.19$
220909BB00121 Haner Park 1.28 13.40$
220909BB00122 Haner Park 1.34 14.03$
220904CC00149 Haner Park 1.36 14.24$
220904CC00137 Haner Park 1.47 15.39$
220909BB00124 Haner Park 1.55 16.23$
220904CC00134 Haner Park 1.63 17.06$
220909BB00128 Haner Park 1.81 18.95$
220909BB00154 Haner Park 3.81 39.89$
220909BB00158 Haner Park 4.88 51.09$
220909BB00138 Haner Park 5 52.34$
ATTACHMENT 817.a
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2210360002202 Section 36 1 18.22$ Section 36
2210360000800 Section 36 2.5 45.54$ # of lots: 54
2210360000801 Section 36 2.5 45.54$ Average lot size (acres): 10.11
2210360000802 Section 36 2.5 45.54$ Average annual harvest income (by lot) 184.19$
2210360000803 Section 36 2.5 45.54$ Maximum annual harvest income 728.65$
2210360002200 Section 36 5 91.08$ Minimum annual harvest income 18.22$
2210360002201 Section 36 5 91.08$
2210360002300 Section 36 5 91.08$
2210360000300 Section 36 5 91.08$
2210360000400 Section 36 5 91.08$
2210360000500 Section 36 5 91.08$
2210360002400 Section 36 5 91.08$
2210360002507 Section 36 5 91.08$
2210360002508 Section 36 5 91.08$
2210360002512 Section 36 5 91.08$
2210360002513 Section 36 5 91.08$
2210360002514 Section 36 5 91.08$
2210360002515 Section 36 5 91.08$
2210360002516 Section 36 5 91.08$
2210360002517 Section 36 5 91.08$
2210360002518 Section 36 5 91.08$
2210360002520 Section 36 5 91.08$
2210360002521 Section 36 5 91.08$
2210360002523 Section 36 5 91.08$
2210360001500 Section 36 10 182.16$
2210360001600 Section 36 10 182.16$
2210360001700 Section 36 10 182.16$
2210360001800 Section 36 10 182.16$
2210360002000 Section 36 10 182.16$
2210360002100 Section 36 10 182.16$
2210360000900 Section 36 10 182.16$
2210360001200 Section 36 10 182.16$
2210360001300 Section 36 10 182.16$
2210360002501 Section 36 10 182.16$
2210360002503 Section 36 10 182.16$
2210360002504 Section 36 10 182.16$
2210360002505 Section 36 10 182.16$
2210360002506 Section 36 10 182.16$
2210360002509 Section 36 10 182.16$
2210360002510 Section 36 10 182.16$
2210360002511 Section 36 10 182.16$
2210360002519 Section 36 10 182.16$
2210360002522 Section 36 10 182.16$
2210360002524 Section 36 10 182.16$
2210360001400 Section 36 20 364.32$
2210360001900 Section 36 20 364.32$
2210360000200 Section 36 20 364.32$
2210360000600 Section 36 20 364.32$
2210360000700 Section 36 20 364.32$
2210360001000 Section 36 20 364.32$
2210360001100 Section 36 20 364.32$
2210360002500 Section 36 20 364.32$
2210360000100 Section 36 40 728.65$
2210360002502 Section 36 40 728.65$
ATTACHMENT 817.a
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181010AA02200 Skyliner 0.3 4.13$ Skyliner
181010AA02300 Skyliner 0.41 5.65$ # of lots: 49
181010AA03400 Skyliner 0.41 5.65$ Average lot size (acres): 0.73
181010AA03600 Skyliner 0.42 5.79$ Average annual harvest income (by lot) 10.02$
181010AB01100 Skyliner 0.44 6.06$ Maximum annual harvest income 31.42$
181010AA01000 Skyliner 0.45 6.20$ Minimum annual harvest income 4.13$
181010AA03200 Skyliner 0.45 6.20$
181010AA03500 Skyliner 0.45 6.20$
181010AB00800 Skyliner 0.45 6.20$
181010AA03000 Skyliner 0.46 6.34$
181010AA03100 Skyliner 0.46 6.34$
181010AA00900 Skyliner 0.47 6.48$
181010AA02400 Skyliner 0.47 6.48$
181010AA02800 Skyliner 0.47 6.48$
181010AA02700 Skyliner 0.49 6.75$
181010AA02900 Skyliner 0.49 6.75$
181010AA02500 Skyliner 0.5 6.89$
181010AA01100 Skyliner 0.51 7.03$
181010AA02600 Skyliner 0.51 7.03$
181010AB01500 Skyliner 0.51 7.03$
181010AA01900 Skyliner 0.54 7.44$
181010AA01200 Skyliner 0.6 8.27$
181010AA01800 Skyliner 0.61 8.41$
181010AA03300 Skyliner 0.63 8.68$
181010AB01000 Skyliner 0.63 8.68$
181010AA00200 Skyliner 0.64 8.82$
181010AA01400 Skyliner 0.64 8.82$
181010AA02000 Skyliner 0.64 8.82$
181010AA01300 Skyliner 0.69 9.51$
181010AA00700 Skyliner 0.72 9.92$
181010AB01200 Skyliner 0.76 10.47$
181010AB01900 Skyliner 0.78 10.75$
181010AA00400 Skyliner 0.8 11.02$
181010AB00300 Skyliner 0.8 11.02$
181010AA00300 Skyliner 0.83 11.44$
181010AB01400 Skyliner 0.85 11.71$
181010AB00900 Skyliner 0.89 12.26$
181010AA01500 Skyliner 0.9 12.40$
181010AA01700 Skyliner 0.91 12.54$
181010AB00500 Skyliner 0.91 12.54$
181010AB00700 Skyliner 0.95 13.09$
181010AA02100 Skyliner 1.06 14.61$
181010AB01300 Skyliner 1.12 15.43$
181010AB00400 Skyliner 1.16 15.99$
181010AA00100 Skyliner 1.18 16.26$
181010AA00600 Skyliner 1.21 16.67$
181010AB00600 Skyliner 1.34 18.47$
181010AB00200 Skyliner 1.44 19.84$
181010AB01600 Skyliner 2.28 31.42$
141024D007500 Squaw Creek 1.98 32.48$ Squaw Creek
141024D007400 Squaw Creek 2.11 34.62$ # of lots: 8
141024D007300 Squaw Creek 2.17 35.60$ Average lot size (acres): 2.25
141024D007900 Squaw Creek 2.24 36.75$ Average annual harvest income (by lot) 36.87$
141024D007800 Squaw Creek 2.28 37.41$ Maximum annual harvest income 40.69$
141024D000100 Squaw Creek 2.36 38.72$ Minimum annual harvest income 32.48$
141024D007700 Squaw Creek 2.36 38.72$
141024D007600 Squaw Creek 2.48 40.69$
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Zechariah Heck
From: Zechariah HeckSent: Monday, March 02, 2020 9:44 AMTo: Edelman, Scott; '[email protected]'; 'Howard, Gordon'Cc: Zechariah HeckSubject: Deschutes County Nonprime Resource Lands Attachments: 19-265-PA, NPRL -- Notice to Re-open Record Continued Public Hearing.pdf
Scott, Jon, and Gordon – Please see the attached notice of public hearing regarding the Nonprime Resource Lands amendments. The Board has decided to re‐open the record and hold a continued public hearing on April 1, 2020. A mailed notice to Scott and Jon’s address (1011 SW Emkay Drive, Bend) was returned as not deliverable. Let me know if you have any questions or concerns.
Zechariah Heck | Associate Planner DESCHUTES COUNTY COMMUNITY DEVELOPMENT 117 NW Lafayette Avenue | Bend, Oregon 97703
PO Box 6005 | Bend, Oregon 97708
Tel: (541) 385‐1704 | www.deschutes.org/cd
Disclaimer: Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person.
The Deschutes County Board of Commissioners will hold a continued public hearing on April 1, 2020, at approximately 10:00 a.m. in the Barnes and Sawyer Rooms of the Deschutes Services Center, 1300 NW Wall St., Bend, to consider the proposal described below. The Board is particularly interested in hearing from impacted property owners of the six residential areas described below.
FILE NUMBER: 247-19-000265-PA
APPLICANT: Deschutes County Community Development Department
117 NW Lafayette Avenue
Bend, OR 97701
PROPOSAL: A proposal to establish eligibility Comprehensive Plan criteria for six
specific areas currently designated Exclusive Farm Use or Forest Use to
Nonprime Resource (NPR) Lands, defined in Oregon Administrative
Rules (OAR) 660-004-0005(3) as “Non Resource Lands.”
LOCATION: The six legacy residential areas are: Haner Park, Section 36 (Township
22, Range 10), Skyline Subdivision and Skyline Subdivision 1st Addition,
Squaw Creek Canyon Recreational Estates 1st Addition and Meadow
DOCUMENTS: Can be viewed and downloaded from: http://www.deschutes.org/npr.
STANDARDS AND APPLICABLE CRITERIA
Title 22, Deschutes County Development Procedures Ordinance
Chapter 22.12 Legislative Procedures
Statewide Planning Goals
Oregon Administrative Rules
660-004 – Interpretation of Goal 2 Exceptions Process
660-006 – Forest Land
660-033 – Agricultural Land
Deschutes County Comprehensive Plan
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ALL INTERESTED PERSONS MAY APPEAR, BE HEARD, BE REPRESENTED BY COUNSEL, OR SEND WRITTEN SIGNED TESTIMONY. ALL WRITTEN REPLIES MUST BE RECEIVED BY THIS DEPARTMENT PRIOR TO THE HEARING DATE OR SUBMITTED AT THE HEARING. ANY PARTY TO THE APPLICATION IS ENTITLED TO A CONTINUANCE OF THE INITIAL EVIDENTIARY HEARING OR TO HAVE THE RECORD LEFT OPEN IN ACCORDANCE WITH SECTION 22.24.140 OF THE DESCHUTES COUNTY CODE. Failure to raise an issue in person at the hearing or in writing precludes appeal by that person to the Land Use Board of Appeals (LUBA). Failure to provide statements of evidence sufficient to afford the decision maker an opportunity to respond to the issue precludes appeal to LUBA based on that issue.
Copies of the application, all documents and evidence submitted by or on behalf of the applicant and
applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents per page. The
Planning Division is located in the Community Development Department Office at 117 NW Lafayette Avenue,
Bend, Oregon.
NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU
RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER.
Deschutes County encourages persons with disabilities to participate in all programs and activities. This
event/location is accessible to people with disabilities. If you need accommodations to make participation
possible, please call the ADA Coordinator at (541) 617-4747.
DOCUMENT SUBMISSION
Any person may submit written comments on a proposed land use action. Documents may be submitted to
our office in person, U.S. mail, or email.
In Person U.S. Mail
We accept all printed documents. Deschutes County Community Development
Planning Division, Attn: Zechariah Heck
P.O. Box 6005
Bend, OR 97708-6005
Email
Email submittals must comply with the following guidelines or otherwise must be submitted as a paper copy:
Submission is 20 pages or less
Documents can be printed in black and white only
Documents can be printed on 8.5” x 11” paper
Limitations
Deschutes County does not take responsibility for retrieving information from a website link or a
personal cloud storage service. It is the submitter’s responsibility to provide the specific information
they wish to enter into the record. We will print the email which includes the link(s), however, we will
not retrieve any information on behalf of the submitter.
Deschutes County makes an effort to scan all submittals as soon as possible. Recognizing staff
availability and workload, there is often a delay between the submittal of a document to the record,
and when it is available online. For this reason, the official record is the file that resides in the
Community Development Department office. The electronic record online is not a substitute for the
official record.
To ensure your submission is entered into the correct land use record, please specify the land use file
number(s).
Failure to raise an issue in person at a hearing or in writing precludes appeal by that person to the Land Use
Board of Appeals (LUBA), and that failure to provide statements or evidence sufficient to afford the decision
maker an opportunity to respond to the issue precludes appeal to LUBA based on that issue.
Copies of the application, all documents and evidence submitted by or on behalf of the applicant and
applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents per page.
Notice of the decision will be provided by a separate mailing. For more information or to request copies of
the findings and decision, contact the assigned planner.
NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU
RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER.
This Notice was mailed pursuant to Deschutes County Code Chapters 22.20 and 22.24.
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Zechariah Heck
From: Howard, Gordon <[email protected]>Sent: Friday, January 24, 2020 5:01 PMTo: Edelman, Scott; Zechariah HeckCc: Peter Gutowsky; Adam SmithSubject: RE: Deschutes County Nonprime Resource Lands Amendments
Follow Up Flag: Follow upDue By: Tuesday, February 04, 2020 8:30 AMFlag Status: Flagged
[EXTERNAL EMAIL]
Given the lack of definitive case law on the subject, we can provide no guarantees or warranties regarding our advice on this issue. However, we would have no objection to a Deschutes County decision that the revised scope of this code change, as you described below, did not require re‐notice as a substantial change to a proposed post‐acknowledgment plan amendment. In looking at the general tenor of case law on this subject, we believe that your tentative decision on this matter is sound.
Gordon Howard Community Services Division Manager Oregon Department of Land Conservation and Development 635 Capitol Street NE, Suite 150 | Salem, OR 97301-2540 Direct: 503-934-0034 | Cell: 503-856-6935 | Main: 503-373-0050 [email protected] www.oregon.gov/LCD
From: Zechariah Heck [mailto:[email protected]] Sent: Friday, January 24, 2020 4:57 PM To: Howard, Gordon <[email protected]>; Edelman, Scott <[email protected]> Cc: Peter Gutowsky <[email protected]>; Adam Smith <[email protected]> Subject: RE: Deschutes County Nonprime Resource Lands Amendments Thanks, Gordon. Just to clarify, DLCD does not see a need for Deschutes County to re‐notice a PAPA for the Nonprime Resource Lands amendments based on the omission of specific policies pertaining to general eligibility criteria for quasi‐judicial applications?
Zechariah Heck | Associate Planner DESCHUTES COUNTY COMMUNITY DEVELOPMENT 117 NW Lafayette Avenue | Bend, Oregon 97703
PO Box 6005 | Bend, Oregon 97708
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Tel: (541) 385‐1704 | www.deschutes.org/cd
Disclaimer: Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person.
Hello Zechariah, while there isn’t any definitive LUBA decision on this particular point, we found the following LUBA headnotes on decisions involving 35‐day notice questions:
25.3.3 Local Government Procedures – Compliance with Statutes – Notice of Hearing. ORS 197.610(1) requires that the Land Conservation and Development Commission be given notice at least 45 days before the first evidentiary hearing on adoption of a post‐acknowledgment comprehensive plan amendment. Where the required notice is given, a second notice is not required under ORS 197.610(1) simply because the local government decides to adopt different parts of the proposed comprehensive plan amendment by separate ordinances. Johnson v. Jefferson County, 56 Or LUBA 72 (2008). 25.3.3 Local Government Procedures ‐ Compliance with Statutes ‐ Notice of Hearing. While deviations from the post acknowledgment plan amendment notice requirements at ORS 197.610(1) may constitute procedural errors that will not provide a basis for remand absent prejudice to a petitioner’s substantial rights, a complete failure to provide notice to the Department of Land Conservation and Development under ORS 197.610(1) is a substantive error and requires remand without regard to whether the failure prejudiced petitioner’s substantial rights. Friends of Bull Mountain v. City of Tigard, 51 Or LUBA 759 (2006) 25.3.3 Local Government Procedures ‐ Compliance with Statutes ‐ Notice of Hearing. Providing notice and a copy of proposed zoning ordinance amendments to DLCD under ORS 197.610(1) and then adopting an additional zoning ordinance amendment that was not included with the notice without providing additional notice to DLCD is not error. OCAPA v. City of Mosier, 44 Or LUBA 452 (2003). 25.3.3 Local Government Procedures ‐ Compliance with Statutes ‐ Notice of Hearing. The broad notice and potential for participation by DLCD and others under ORS 197.610 is the quid pro quo for ORS 197.625, which deems post‐acknowledgment land use regulation amendments to be consistent with the statewide planning goals as a matter of law, if the amendment is not appealed or is affirmed on appeal. Therefore, whether errors in a city’s notice to DLCD under ORS 197.610 warrant remand depends upon whether the errors are of the kind or of a degree that calls into question whether the ORS 197.610 to 197.625 process nevertheless performed its function. If so, remand may be required, without regard to whether petitioners before LUBA can demonstrate prejudice to their substantial rights. OCAPA v. City of Mosier, 44 Or LUBA 452 (2003). 25.3.3 Local Government Procedures – Compliance with Statutes – Notice of Hearing. Not every violation of the requirement at ORS 197.610(1) and its implementing rule that a local government provide notice of proposed post‐acknowledgment plan amendments to the Department of Land Conservation and Development Commission (DLCD)more than 45 days before the initial public hearing is a substantive error that must result in remand. Failure to
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specify all of the proposed zone changes on the form provided to DLCD is, at most, procedural error that does not warrant remand absent a demonstration of prejudice to petitioner’s substantial rights. Stallkamp v. City of King City, 43 Or LUBA 333 (2002). What the tenor of these headnotes from LUBA decisions tells me is that you have the ability to cut out portions of the proposal and move forward with the rest without providing a new 35‐day notice.
Gordon Howard Community Services Division Manager Oregon Department of Land Conservation and Development 635 Capitol Street NE, Suite 150 | Salem, OR 97301-2540 Direct: 503-934-0034 | Cell: 503-856-6935 | Main: 503-373-0050 [email protected] www.oregon.gov/LCD
From: Zechariah Heck [mailto:[email protected]] Sent: Thursday, January 23, 2020 3:23 PM To: Edelman, Scott <[email protected]>; Howard, Gordon <[email protected]> Cc: Peter Gutowsky <[email protected]> Subject: Deschutes County Nonprime Resource Lands Amendments Scott and Gordon, Please see 1,000 Friends of Oregon testimony on Deschutes County’s Nonprime Resource Lands amendments (attached). On page 3, 1k Friends states the County’s proposal has substantially changed and is therefore in violation with ORS 197.610. We request DLCD staff’s advice on the matter. As you may recall, the County’s proposal originally had two components:
Specific Comprehensive Plan policies to correct mapping errors for six (6) residential areas;
General Comprehensive Plan policies that establish eligibility criteria for applicant‐initiated, quasi‐judicial applications.
In October of last year, the Board directed staff to move forward with the policies specific to the six residential areas that are inaccurately designated as resource land (EFU / Forest Use). The general policies were to be further reviewed by the Planning Commission. Staff contends the proposal has not substantially changed because the six residential areas have not changed, the proposed policies specific to the six residential areas have stayed the same, and only one policy has been added based on public testimony during the public hearings. Only the general eligibility criteria have been omitted. Please let us know as soon as possible if we need to re‐notice the proposed amendments. Thank you,
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ee*tral Oreg*n tffi'
Assacratir:n *f RIALII]ft 5
Cenl.rai Oregon Associalion oi RFitrLl'O1iSc &Muiiiple Lisiing Servicr ri Cerrt!-al Orcgon
Deschutes County Board of Commissioners1300 NW WallStreetBend, OR 97703
Re: Nonprime Resource Lands
Dear Chair and Commissioners,
On behalf of the Central Oregon Association of REALTORS@ (COAR) - representing nearly 1,800 real
estate professionals in Deschutes County - thank you for the opportunity to comment on the County'sNonprime Resource Lands program.
We support the proposed comprehensive plan amendments to establish eligibility criteria fordesignating Exclusive Farm Use or Forest Use zoned properties to Nonprime Resource (NPR) Lands
defined in OAR 650-004-0005(3) as "Non-Resource Lands."
Deschutes County is the fastest-growing County in Oregon - far out-pacing the U.S. average. Growthtrends between the April 2010 census through July 1, 2018 show that Deschutes County grew by 2!.7percent. ln comparison, the U.S. national average growth for the'same time period was 6 percent.l
Population estimates indicate that this pattern of rapid growth is not likely to slow in the near futureRecent projections from Portland State University's Oregon Population Forecast Project predict an
increase of more than 57 percent between the recorded July 2018 population and 2043.2
Such significant growth presents myriad challenges to the County, but one of the most pressing is
housing. As real estate professionals, we understand the housing challenges in our region particularlywell and we are acutely aware of the impacts of growth on the local real estate market.
Six months is generally considered a healthy supply of housing. As of January 2O2O, the current housing
supply for all residential property types within Deschutes County is 4.2 months. ln the more affordablesegments of the market, the supply picture is even more bleak - in the $259,000 to $398,999 range,2.7months of inventory is available.3
A limited supply of housing also means fewer options at various - and affordable - price points; leavinglarge portions of the community straining under the weight of housing costs they cannot afford. The U.S
Department of Housing and Urban Development (HUD) considers those whose monthly housing costs
exceed 30 percent of their monthly income to be "housing cost burdened." ln Deschutes County, more
than half of renter households fall into this category.a's
Central Oregon Association ol RFALTORS't I 2112 NE 4' street Benrj OR, g77At I Phone: 541.382.6021
ATTACHMENT 1217.a
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f,cntrai {Jreg*n tffi'
Ass*c iatinn of REAI-T*fi 5
Certrai Oregi:n ltssocialion ol RLALTORS?' &i'/:triiipl.. Lisiing Serr'!ce ol i-erir::1 Ciregcn
2l12 N[ .]'!'Streei, Bend OR 977Ci?l,cne: 54.i.:82.6027
ln an environment in which demand is outstripping supply and significant housing needs exist, it is
prudent to re-evaluate agricultural and forest lands that are not viable for their designated purpose todetermine if they represent opportunities for other uses.
We know that Deschutes County staff have thoroughly studied the identified areas. On the basis ofsound data demonstrating a soil classification that is not optimal for agricultural use, we support theCounty's proposal to re-designate these six specific areas committed to residential uses that wereplatted or conveyed prior to State enabling planning legislation taking effect in Deschutes County,
Thank you for your service to Deschutes County, as well as your consideration of the local real estatecommunity's input. Should you have any questions, please feel free to contact us at 541-382-6027 [email protected].
Sincerely,
JrL-Jack Zika
2020 PresidentCentral Oregon Association of REALTORSo &MLS of Central Oregon
Jason Boone
Chair, Govern ment Affairs Com mitteeCentral Oregon Association of REALTORS@ &MLS of Central Oregon
cc: Nick Lelack, Director, Deschutes County Community Development
Sources1. Stebbins, S. (2019). Fastest Growing County in Every State. Retrieved from
Twallst. ecial 012. Portland State University Population Research Center. (2018). Coordinated Populotion Forecast:
3. Central Oregon Association of REALTORS@. (2020). Multiple Listing Service of Central Oregon(MLSCO)data.
4. Housing for All Regional Consortium. (2019). Regional Housing Needs Assessment. Retrieved fromhttps ://coic2.orslwn-content/u oloadslzO19 I as onal-housing-needs-assessment final-2 ^pdf
5. U.S. Census Bureau Data. (2018). Retrieved fromhttos:/lwww. bendbulletin-com /localstate/6 7 9O886-I5t /m ost-d esch utes-cou ntv-rente rs-oav-
too-much- census
Central Oregon Association of RFALTORS@ | 2112 NF4ti-street BencJ OR, g770t I Phone: 541.382.6027
003 §1, Exhibit A, 1990; Ord. 81-043 §1, Exhibit A, §4.065, 1981)
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PAGE 2 OF 2 – EXHIBIT F TO ORDINANCE NO. 2020-007
17.24.160. Approval and Recordation of Subdivision Interior Monuments.
A. Approval. Within five days of completion of the setting of interior monuments as allowed by the
County Surveyor under DCC 17.24.100, the Surveyor performing the work shall notify the City or
County Surveyor, as the case may be, of the completion of the work. At that time the Surveyor
performing the work shall submit to the city or County Surveyor such documentation as the City or
county Surveyor shall require demonstrating that the work has been completed in accordance with the
Surveyor's affidavit recorded on the plat and ORS 92, including an affidavit in conformance to the
requirements of ORS 92.070(3)(b).
B. Recordation of Affidavit. upon approval by the City or County Surveyor, as the case may be, the
monumentation affidavit shall be recorded in the office of the County Clerk.
C. Reference of Monumentation. The County Surveyor shall, in all cases, note the monuments set and the
recorder's information on the original subdivision plat provided to the County Surveyor and any true
and exact copies filed in accordance with DCC 17.24.150.
D. Reference of County Surveyor's Approval. The County Surveyor shall, in all cases, the County
Surveyor shall reference his approval on the plat filed in the County Surveyor’s records in accordance
with DCC 17.24.150. on the original subdivision plat previously recorded.
(Ord. 2020-007 §6, 2020; Ord. 90-003 §1, Exhibit A, 1990)
17.243.170. Correction of Errors.
A A plat may be amended to correct errors specified in ORS 92.170(1).
B. Amendment of a plat pursuant to DCC 17.24.170 shall be made by an affidavit of correction prepared in
accordance with ORS 92.170(3).
C. The affidavit shall be submitted to the City or County Surveyor, as the case may be, who shall certify
that the affidavit has been examined and that the changes shown on the affidavit are permitted under
ORS 92.170(1). After approval by the Surveyor, the affidavit shall be recorded with the Clerk upon
payment of such recording and Surveyor's fees as set by the Board.
D. The County Surveyor shall, in all cases, note the correction and the recording reference from the affidavit
on the plat filed in the County Surveyor’s records in accordance with upon the original plat and upon the
true and exact copies filed pursuant to DCC 17.24.150.
(Ord. 2020-007 §6, 2020; Ord. 90-003 §1, Exhibit A, 1990; Ord. 81-043 §1, Exhibit A, §4.070, 1981)
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PAGE 1 OF 2 – EXHIBIT G TO ORDINANCE NO. 2020-007
Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS ... 18.04.030. Definitions.
As used in DCC Title 18, the following words and phrases shall mean as set forth in DCC 18.04.030. … "Disposal site", as used in Title 18, is defined in ORS 459. means land facilities used for disposal, handling or transfer of or resource recovery of solid wastes. … "Land disposal site", as used in Title 18, is defined in ORS 459. means a disposal site and related facilities at which the method of disposing solid waste is by landfill. … "Resource recovery" means the process of obtaining useful material or energy resources from solid waste and includes: A. "Energy recovery," which means recovery in which all or a part of the solid waste materials are
processed to utilize the heat content, or other forms of energy, of or from the material. B. "Material recovery," which means any process of obtaining from solid waste, by presegregation
or otherwise, materials which still have useful physical or chemical properties and can be reused or recycled from some purpose.
C. "Recycling," which means any process by which solid waste materials are transformed into new products in such a manner that the original products may lose their identity.
D. "Reuse," which means the return of a commodity into the economic stream for use in the same kind of application as before without change in its identity.
… "Solid waste" for the purposes of DCC Title 18, means all putrescible and nonputrescible wastes, including but not limited to garbage, rubbish, refuse, ashes, waste paper and cardboard; commercial, industrial, demolition and construction wastes, discarded home and industrial appliances; and other wastes; but the term does not include: A. Hazardous wastes as defined in ORS 466.005(7). B. Materials used for fertilizer or for other productive purposes or which are salvageable as such
materials are used on land in agricultural operations and growing or harvesting of crops and the raising of animals.
PAGE 1 OF 1 – EXHIBIT H TO ORDINANCE NO. 2020-007 1
Chapter 18.12. ESTABLISHMENT OF ZONES … 18.12.040. Zone Boundaries.
Unless otherwise specified, zone boundaries are section lines, subdivision lines, lot lines, center lines of street or railroad rights of way, water courses, ridges or rimrocks, other readily recognizable or identifiable natural features, or the extension of such lines. In case of any dispute regarding the zoning classification of property subject to the County code, the original ordinance with map exhibit contained in the official county records will control. Whenever uncertainty exists as to the boundary of a zone as shown on the zoning map or amendment thereto, the following rules shall apply: A. Where a boundary line is indicated as following a street, alley, canal or railroad right of way, it shall be
construed as following the centerline of such right of way. B. Where a boundary line follows or approximately coincides with a section lines or division thereof, lot or
property ownership line, it shall be construed as following such line. C. If a zone boundary as shown on the zoning map divides a lot or parcel between two zones, the entire lot
or parcel shall be deemed to be in the zone in which the greater area of the lot or parcel lies, provided that this adjustment involves a distance not exceeding 100 feet from the mapped zone boundary. DCC DCC 18.12.040 does not apply to areas zoned flood plain. Title 18 does not apply to areas zoned flood plain.
Chapter 18.16. EXCLUSIVE FARM USE ZONES … 18.16.031. Conditional Uses on Non-high Value Farmland Only.
The following uses may be allowed only on tracts in the Exclusive Farm Use Zones that constitute non-high value farmland subject to applicable provisions of the Comprehensive Plan and DCC 18.16.040 and other applicable sections of DCC Title 18. A. A site for the disposal of solid waste A disposal site which includes a land disposal site approved by the
governing body of a city or County or both and for which a permit has been granted under ORS 459.245 by the Department of Environmental Quality together with equipment, facilities or buildings necessary for its operation.
1. Before an applicant may submit an application under DCC Chapter 22.08 and DCC 18.16.031(CD), for land use approval to establish or modify a disposal site for composting that requires a permit issued by the Oregon Department of Environmental Quality, the applicant shall: a. Request and attend a pre-application conference described in DCC 18.16.040(N)(3); b. Hold a pre-application community meeting described in DCC 18.16.040(N)(6).
Chapter 18.36. FOREST USE ZONE - F-1 … 18.36.030. Conditional Uses Permitted.
The following uses and their accessory uses may be allowed in the Forest Use Zone, subject to applicable provisions of the Comprehensive Plan, DCC 18.36.040 and other applicable sections of DCC Title 18. A. Private hunting and fishing operations without any lodging accommodations. B. Caretaker residences for public parks and fish hatcheries. C. Temporary forest labor camps limited to the duration of the forest operation requiring its use. D. Exploration for and production of geo-thermal, gas, oil and other associated hydrocarbons, including the
placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the well head.
E. Log scaling and weigh stations. F. A disposal site which includes a land disposal site Disposal site for solid waste for which the
Department of Environmental Quality has granted a permit under ORS 459.245, together with equipment, facilities or buildings necessary for its operation.
Chapter 18.40. FOREST USE ZONE - F-2 … 18.40.030. Conditional Uses Permitted.
The following uses and their accessory uses may be allowed in the Forest Use Zone, subject to applicable provisions of the Comprehensive Plan, DCC 18.40.040 and other applicable sections of DCC Title 18: A. Private hunting and fishing operations without any lodging accommodations. B. Caretaker residences for public parks and fish hatcheries. C. Temporary forest labor camps limited to the duration of the forest operation requiring it use. D. Destination Resorts where mapped in a DR zone and subject only to the provisions of DCC 18.113 and
other applicable provisions of DCC Title 18 and the Comprehensive Plan not contained in DCC 18.40. E. Exploration for and production of geothermal, gas, oil and other associated hydrocarbons, including the
placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the well head.
F. Log scaling and weigh stations. G. A disposal site which includes a land disposal site Disposal site for solid waste for which the
Department of Environmental Quality has granted a permit under ORS 459.245, together with equipment, facilities or buildings necessary for its operation.
As a condition of the grant of development approval pursuant to DCC 18.80, the undersigned, hereinafter
referred to as Grantor, Grantees (whether singular or plural), hereby covenants and agrees that they it shall
not, by reason of their ownership or occupation of the following described real property, protest or bring suit
or action against the [Name of Airport] or Deschutes County, for aviation-related noise, including property
damage or personal injury from said noise connected when such activities conform to:
1. Airport activities lawfully conducted in connection with a pre-existing airport, as that term is defined in
DCC 18.80.022(B), at the described airport; or
2. Airport activities that might be lawfully conducted in the future at the described airport under County or
State permits or exemptions.
The real property of Grantorees subject to this covenant and agreement is situated in Deschutes County,
State of Oregon, and described as set forth in that certain [Statutory Warranty Deed] dated [date], as record
in [the Official Records of Deschutes County as instrument number 20xx-xxxxx] OR [Volume xx, Page xx
of the Deschutes County Book of Records;.
Tax Lot_______ of Township_____Range_____ E.W.M., Section ______, and further described as
____________________________________.
Grantor(s) acknowledge that by virtue of such grant he/they have no remaining rights to complain or
protest about the protected activities described above.
This Declaration of Anticipated Noise runs with the land and is binding upon the heirs, successors and
assigns of the undersigned’s interest in the described real property or any persons acquiring through he
undersigned an interest in the described real property.
Deschutes County requires the execution of this covenant and agreement by the Grantores as a pre-requisite
to Deschutes County approving a partition, subdivision, or issuing a building permit for Grantor’sees
development on the above- described real property, which real property is located within the noise impact
boundary of the [Name of Airport]. This agreement Declaration is executed for the protection and benefit
of the [Name of Airport] and Deschutes County’s interest in said airport and to prevent development in
adjacent lands to said airport which will interfere with the continued operation existent and development of
said airport.
STATE OF OREGON, Deschutes County: ss
Dated this ___day of _____, 20__ Grantor(s)
[Name]
______________________________
By:____________________________
Its:_____________________________
On this _____ day of __________________, 2____, the undersignedbefore me, a Nnotary Public in and
for said County and State, personally appeared the within named__________________, and
__________________ who are known to me to be the identical individuals described in and
_____________ of____________who executed the within instrument and acknowledged to me that they
executed the same freely and voluntarily.above document on behalf of said Department.
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PAGE 3 OF 3 – EXHIBIT L TO ORDINANCE NO. 2020-007
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last
above written.
_______________________________
Notary Public for:_________________
My Commission Expires:___________
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PAGE 1 OF 1 – EXHIBIT M TO ORDINANCE NO. 2020-007
Chapter 18.84. LANDSCAPE MANAGEMENT COMBINING - LM ZONE … 18.84.080. Design review standards. C. No large areas, including roofs, shall be finished with white, bright or reflective materials. Roofing,
including metal roofing, shall be non-reflective and of a color which blends with the surrounding vegetation and landscape. DCC 18.84.080(C) shall not apply to attached additions to structures lawfully in existence on April 8, 1992, unless substantial improvement to the roof of the existing structure occurs.
Chapter 18.90. SENSITIVE BIRD AND MAMMAL HABITAT COMBINING ZONE - SBMH … 18.90.050. Site Plan Review Requirement. D. Based upon the record, and evaluation of the proposal based on the criteria in DCC 18.90.060, and
conformance with the ESEE analysis for the site contained in the Resource Element of the Comprehensive Plan, the County shall approve or reject the site plan. In lieu of rejection of the site plan, the County may allow the applicant to revise the site plan if the applicant has not met the standards for approval. Applicant shall waive the 150 120-day time limit if it chooses to revise the site plan.
Chapter 18.108. URBAN UNINCORPORATED COMMUNITY ZONE - SUNRIVER … 18.108.180. Forest - F District. … B. Conditional uses permitted. The following uses and their accessory uses may be allowed in the Forest
District, subject to applicable provisions of DCC 18.36, Forest Use-F1 Zone, and to applicable provisions of the comprehensive plan: … 6. Disposal site for solid waste, not including a land disposal site, for which the Oregon Department of
Environmental Quality has granted a permit or a similar approval, together with equipment, facilities or buildings necessary for operation. Uses permitted under this category are limited to commercial Commercial composting for which the Oregon Department of Environmental Quality has granted a permit or a similar approval, together with equipment, facilities or buildings necessary for operation, subject to DCC 18.128.015 and 18.128.120.
Chapter 18.116. SUPPLEMENTARY PROVISIONS … 18.116.330 Marijuana Production, Processing, and Retailing … B. Marijuana production and marijuana processing. Marijuana production and marijuana
processing shall be subject to the following standards and criteria: … 20. Prohibited Uses.
a. In the EFU zone, the following uses are prohibited: i. A new dwelling used in conjunction with a marijuana crop; ii. A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(o), used in
conjunction with a marijuana crop; iii. A commercial activity, as described in ORS 215.213(2)(c) or 215.283(2)(a),
carried on in conjunction with a marijuana crop; and Agri-tourism and other commercial events and activities in conjunction with a marijuana crop.
Chapter 18.128. CONDITIONAL USE 18.128.120. Landfill, Solid Waste Disposal Site. … 18.128.015. General Standards Governing Conditional Uses.
Except for those conditional uses permitting individual single-family dwellings, conditional uses shall comply with the following standards in addition to the standards of the zone in which the conditional use is located and any other applicable standards of the chapter: … C. These standards and any other standards of DCC 18.128 may be met by the imposition of
conditions calculated to ensure insure that the standard will be met. (Ord. 2020-007 §17, 2020; Ord. 92-047 §1, 1992; Ord. 91-038 §3, 1991) … 18.128.120. Landfill, Solid Waste Disposal Site.
The Planning Director or Hearings Body may authorize a landfill or other solid waste disposal site as a conditional use, subject to the following standards: A. The proposed site shall not create a fire hazard, litter, insect or rodent nuisance, or air or water
pollution in the area. B. The proposed site shall be located in or as near as possible to the area being served. C. The proposed site shall be located at least one-quarter mile from any existing dwelling, home or
public road (except the access road). D. The proposed site shall be provided with a maintained all-weather access road. E. Applications for a conditional use permit to establish a commercial composting facility under this
category shall also meet the following criteria: 1. The proposed facility shall be effectively screened from adjacent residential uses and scenic
roadways. The proposed facility may use existing topography and trees and/or introduced landscaped material.
2. The proposed facility shall employ practices of material handling and processing that prevent noise and odors from impacting residences at least one-quarter mile from the site.
3. The proposed facility shall employ practices of material handling and processing that control debris and dust and ensure material is contained on site.
A conditional use permit for a campground may be issued only when the following criteria are met: …
D. A campground shall conform to state standards specified in OAR Chapter 918, Division 650 and the following: … 3. Campgrounds shall provide potable water, toilet and shower facilities, lighting, picnic tables
and garbage collection sites for the convenient use of campers as specified in OAR ORS 918.650. Water and electric lines shall be placed underground.
Chapter 19.22. WESTSIDE TRANSECT ZONE – WTZ … 19.22. 060. Land Divisions. All residential subdivisions shall be master planned under DCC 17.16.050 and shall comply with the following. G. If phasing is proposed, a phasing plan for the tentative subdivision plats shall be provided.
Each tentative subdivision application shall include a plat map meeting the subdivision requirements of DCC Title 17, the Subdivision / Partition Ordinance, except as may be specifically modified herein.
(Ord. 2020-007 §18, 2020 Ord. 2019-001 §8, 2019)
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PAGE 1 OF 1 – EXHIBIT S TO ORDINANCE NO. 2020-007
Chapter 22.04. INTRODUCTION AND DEFINITIONS … 22.04.020. Definitions.
"Land use permit" includes any approval of a proposed development of land under the standards in the County zoning ordinances or subdivision or partition ordinances involving the exercise of significant discretion in applying those standards. By way of illustration, "land use permit" includes review of conditional use permits, landscape management plans, farm or nonfarm dwellings, forest management plans, partition, master plan, river setback exception, riverfront design review, site plan, site plan change of use, modification of approval, solar access, solar shade exception, subdivision, and subdivision variance, and variance. (Ord. 2020-007 §19, 2020; Ord. 2017-015§3, 2017; Ord. 96-071 § 1A, 1996; Ord. 95-045 § 1, 1995; Ord. 90-007 § 1, 1990)
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PAGE 1 OF 1 – EXHIBIT T TO ORDINANCE NO. 2020-007
Chapter 22.20. REVIEW OF LAND USE ACTION APPLICATIONS … Chapter 22.20.015 Code Enforcement and Land Use
A. Except as described in (D) below, if any property is in violation of applicable land use regulations,
and/or the conditions of approval of any previous land use decisions or building permits previously issued by the County, the County shall not:
1. Approve any application for land use development; 2. Make any other land use decision, including land divisions and/or property line adjustments; 3. Issue a building permit. B. As part of the application process, the applicant shall certify: 1. That to the best of the applicant’s knowledge, the property in question, including any prior
development phases of the property, is currently in compliance with both the Deschutes County Code and any prior land use approvals for the development of the property; or
2. That the application is for the purpose of bringing the property into compliance with the Deschutes County land use regulations and/or prior land use approvals. C. A violation means the property has been determined to not be in compliance either through a prior decision by the County or other tribunal, or through the review process of the current application, or through an acknowledgement by the alleged violator in a signed voluntary compliance agreement (“VCA”). D. A permit or other approval, including building permit applications, may be authorized if: 1. It results in the property coming into full compliance with all applicable provisions of the federal,
state, or local laws, and Deschutes County Code, including sequencing of permits or other approvals as part of a voluntary compliance agreement;
2. It is necessary to protect the public health or safety; 3. It is for work related to and within a valid easement over, on, or under the affected property; or 4. It is for emergency repairs to make a structure habitable or a road or bridge to bear traffic. E. Public Health and Safety. 1. For the purposes of this section, public health and safety means the actions authorized by the permit
would cause abatement of conditions found to exist on the property that endanger life, health, personal property, or safety of the residents of the property or the public.
2. Examples of that situation include, but are not limited to issuance of permits to replace faulty electrical wiring, repair or install furnace equipment; roof repairs; replace or repair compromised utility infrastructure for water, sewer, fuel or power; and actions necessary to stop earth slope failure.
Chapter 22.34. PROCEEDINGS ON REMAND … 22.34.040. Scope of Proceeding.
A. On remand, the Hearings Body shall review those issues that LUBA or the Court of Appeals required to be addressed. In addition, the Hearings BodyBoard shall have the discretion to reopen the record in instances in which it deems it to be appropriate.
B. At the Board's Hearings Body’s discretion, a remanded application for a land use permit may be modified to address issues involved in the remand or withdrawal to the extent that such modifications would not substantially alter the proposal and would not have a significantly greater impact on surrounding neighbors. Any greater modification would require a new application.
C. If additional testimony is required to comply with the remand, parties may raise new, unresolved issues that relate to new evidence directed toward the issue on remand. Other issues that were resolved by the LUBA appeal or that were not appealed shall be deemed to be waived and may not be reopened.
(Ord. 2020-007 §21, 2020; Ord. 95-045 §§39 and 42, 1995)
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PAGE 1 OF 1 – EXHIBIT V TO ORDINANCE NO. 2020-007
Chapter 22.36. LIMITATIONS ON APPROVALS … 22.36.010. Expiration of Approval. … B. Duration of Approvals.
1. Except as otherwise provided under DCC 22.36.010 or under applicable zoning ordinance provisions, a land use permit is void two years after the date the discretionary decision becomes final if the use approved in the permit is not initiated within that time period.
2. Except as otherwise provided under applicable ordinance provisions, preliminary approval of plats or master plans shall be void after two years from the date of preliminary approval, unless the final plat has been submitted to the Planning Division for final approval within that time period, an extension is sought under DCC 22.36.010 or the preliminary plat or master plan approval has been initiated as defined herein.
3. In cases of a land use approval authorized under applicable approval criteria to be completed in phases, each phase must be initiated within the time specified in the approval, or initiated within two years of completion of the prior phase if no timetable is specified.
4. The approval period for the following dwellings in the Exclusive Farm Use and Forest Use Zones is for 4 years: a. Nonfarm dwelling b. Lot of record dwelling c. Large tract dwelling d. Template dwelling. e. Alteration, restoration or replacement of a lawfully established dwelling in Forest Use Zones f. Caretaker residences for public parks and public fish hatcheries
DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 1 CHAPTER 2 RESOURCE MANAGEMENT REFERENCES PAGE 1 OF 1 – EXHIBIT W TO ORDINANCE NO. 2020-007
Section 2.6 Wildlife Policies
Goals and Policies
…
Goal 3 Support retaining populations of Federal and State protected endangered species.
…
Policy 2.6.12 Address potential conflicts between large-scale development and sage grouse habitat using Ordinances Nos. 2015-010 2010-010 and 2015-0112010-011, which are consistent with OAR 660-023-0115.
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PAGE 1 OF 5 – FINDINGS – File No. 247-20-000341-PA and 247-20-000342-TA Exhibit X
FINDINGS
HOUSEKEEPING TEXT AMENDMENTS
I. BACKGROUND
The Planning Division regularly amends Deschutes County Code (DCC) and the
Comprehensive Plan to correct minor errors identified by staff, other County departments,
and the public. This process, commonly referred to as housekeeping, also incorporates
updates from rulemaking at the state level through amendments to Oregon Revised Statutes
(ORS) and Oregon Administrative Rules (OAR).
The last round of housekeeping amendments was completed in August 2018.1
II. PROPOSED AMENDMENTS
The proposed amendments are described in Ordinance 2020-007, Exhibits C through W.
Added language is underlined and deleted shown as strikethrough. They are necessary to
clarify existing standards and procedures, incorporate changes to state law, and correct
scrivener’s errors. Table 1 summarizes the amendments.
Table 1 - Summary of Amendments
Exhibit Amendment
C
Title 9 Public Peace and Welfare
Chapter 9.12 Right to Farm
DCC 9.12.100(B) Correct scrivener's error in code reference: DCC 9.12.100 not 9.12.110.
D
Title 15 Buildings and Construction
Chapter 15.04 Building and Construction Codes and Regulations
DCC 15.04.080 Update year edition of International Fire Code.
E
Title 17 Subdivisions
Chapter 17.22 Approval of Tentative Plans for Partitions
DCC 17.22.010(A) Change requirement for partition tentative plat plans from 10 copies to 1
full size copy.
DCC 17.22.020(A)(8) Correct scrivener’s error in code reference.
F
Title 17 Subdivisions
Chapter 17.24 Final Plat
DCC 17.24.040 / .150 /
.160 / .170 Update text to reflect modern practices.
1 Ordinance No. 2018-006.
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PAGE 2 OF 5 – FINDINGS – 247-20-000341-PA and 247-20-000342-TA Exhibit X
Exhibit Amendment
G
Title 18 County Zoning
Chapter 18.04 Title, Purpose and Definitions
DCC 18.04.030 Align definitions of “land disposal site” and “disposal site” with ORS. Delete
“resource recovery” and “solid waste” to reduce confusion.
H
Title 18 County Zoning
Chapter 18.12 Establishment of Zones
DCC 18.12.040(C) Remove incorrect statement that Title 18 does not apply to the Flood
Plain Zone.
I
Title 18 County Zoning
Chapter 18.16 Exclusive Farm Use Zone
DCC 18.16.031(A)
Clarification that a “disposal site which includes a land disposal site” is an
allowable conditional use on non-high value farmland, consistent with
statute.
DCC 18.16.040(N)
Correct scrivener's error related to conditional use limitations for
composting operations and facilities in EFU Zone. Current DCC
18.16.031(D), should be (C).
J
Title 18 County Zoning
Chapter 18.36 Forest Use Zone – F1
DCC 18.36.030(F) Clarification that a “disposal site which includes a land disposal site” is an
allowable conditional use, consistent with statute.
K
Title 18 County Zoning
Chapter 18.40 Forest Use Zone – F2
DCC 18.40.030(G) Clarification that a “disposal site which includes a land disposal site” is an
allowable conditional use, consistent with statute.
L
Title 18 County Zoning
Chapter 18.80 Airport Safety Combining Zone
DCC 18.80.044(F) Add transitional surface to location list for consistency with table.
DCC 18.80 Addendum Updates to Declaration of Anticipated Noise agreement.
M
Title 18 County Zoning
Chapter 18.84 Landscape Management Combining Zone
DCC 18.84.080(C) Correct scrivener's error to note the subsection (not the whole LM code)
does not apply for consistency with adopted ordinance.
N
Title 18 County Zoning
Chapter 18.90 Sensitive Bird and Mammal Habitat Combining Zone
DCC 18.90.050(D) Correct 120 day time limit to 150 days for SBMH site plan review timeline.
(150 days applies to counties; 120 days applies to cities.)
O
Title 18 County Zoning
Chapter 18.108 Urban Unincorporated Community Zone - Sunriver
DCC 18.108.180(B)(6)
Clarify commercial composting, as approved by DEQ, is an allowable
conditional use in the Sunriver Forest District. (Related to update of
“disposal site” and “land disposal site” in DCC 18.04.)
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PAGE 3 OF 5 – FINDINGS – 247-20-000341-PA and 247-20-000342-TA Exhibit X
Exhibit Amendment
P
Title 18 County Zoning
Chapter 18.116 Supplementary Provisions
DCC 18.116.330(B)(20) Correct scrivener’s error: add missing word (“with”).
Q
Title 18 County Zoning
Chapter 18.128 Conditional Use
DCC 18.128.015(C) Correct scrivener's error: "insure" to "ensure".
DCC 18.128.120 Deletion of “landfill, solid waste” to simplify terminology to just “disposal
site”.
DCC 18.128.320(D)(3) Correct scrivener's error ORS reference to OAR.
R
Title 19 Bend Urban Area Zoning Ordinance
Chapter 19.22 Westside Transect
DCC 19.22.060(G) Add additional directive text for phasing requirement.
S
Title 22 Deschutes County Development Procedures
Chapter 22.04 Introductions and Definitions
DCC 22.04.020 Correct scrivener's error in Land Use Permit definition.
T
Title 22 Deschutes County Development Procedures
Chapter 22.20 Review of Land use Action Applications
For Board of Commissioners BOCC Wednesday Meeting of July 15, 2020
DATE: July 14, 2020
FROM: John Laherty, Legal,
TITLE OF AGENDA ITEM:
Public Hearing on Annexations into West La Pine Livestock
BACKGROUND AND POLICY IMPLICATIONS: On or about May 20, 2019 and June 14, 2019, Deschutes County received two (2) petitions to annex land into the West La Pine Livestock District. Each petition is for a different area of land. The Clerk has certified the petitions, and staff has corresponded with the chief petitioner (Ron Thompson) extensively over the last nine (9) months regarding how to move forward. Initially, Mr. Thompson indicated that he intended to gather the requisite number of signatures in support of the petitions so as to avoid the need for an election on the petitions. However he has recently determined that collecting the necessary signatures is not feasible. So, an election will be required. For each petition, the electors will be those individuals registered to vote within the area to be annexed. The 2017 version of ORS Chapter 607 governs these petitions because they were filed with the County before the January 1, 2020 effective date of the 2019 Act that revised applicable state law. Under that Chapter, the Board is required to hold public hearings on the annexation petitions and, if the Board approves the petitions, to call an election. The next available time for that election will be November 2020. Board Order No. 2020-018 and 2020-019 were approved on June 10, 2020 setting the public hearing for July 15, 2020.
ATTENDANCE: John Laherty, Legal; Nancy Blankenship, Clerk