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Home My WebLink About10-14-2021 Housekeeping PC Work Session PresentationHousekeeping Text AmendmentsFile No. 247-21-000862-TAApplicant: Deschutes County PLANNING COMMISSION WORK SESSIONOctober 14, 2021 BackgroundPurpose•Correct errors (scrivener & cross-references)•Reinstate omissions•Reflect updates to state/federal lawImpact•Some minor changes to permitted uses or use standards, in alignment with state statues•No state statutes, administrative rules, or land use goals apply to these changes Proposed AmendmentsTitle 15, Buildings and ConstructionChapter 15.04. BUILDINGS AND CONSTRUCTION CODES AND REGULATIONSTitle 17, SubdivisionsChapter 17.24. FINAL PLATTitle 18, County ZoningChapter 18.04. TITLE, PURPOSE AND DEFINITIONSChapter 18.16. EXCLUSIVE FARM USE ZONESChapter 18.32. MULTIPLE USE AGRICULTURAL ZONE –MUAChapter 18.36. FOREST USE ZONE – F-1Chapter 18.40. FOREST USE ZONE – F-2Chapter 18.67. TUMALO RURAL COMMUNITY ZONING DISTRICTSChapter 18.74. RURAL COMMERCIAL ZONEChapter 18.80. AIRPORT SAFETY COMBINING ZONE - ASChapter 18.84. LANDSCAPE MANAGEMENT COMBINING – LM ZONEChapter 18.108. URBAN UNINCORPORATED COMMUNITY ZONE; SUNRIVERChapter 18.116. SUPPLEMENTARY PROVISIONSChapter 18.120. EXCEPTIONSTitle 19, Bend Urban Growth Boundary Zoning OrdinanceChapter 19.76. SITE PLAN REVIEWTitle 22, Deschutes County Development Procedures OrdinancesChapter 22.04. INTRODUCITON AND DEFINITIONSChapter 22.24. LAND USE ACTION HEARINGS Proposed Amendments: Scrivener’s Errors (1)Section 18.84.010. PurposeFrom “Land” to “Landscape” Proposed Amendments: Reference Errors (10)Section 18.04.030. Definitions (1)Section 18.16.050. Standards for Dwellings in the EFU Zones (1)Section 18.32.030. Conditional Uses Permitted (1)Section 18.67.020. Residential (TuR) District (1)Section 18.67.040. Commercial (TuC) District (1)Section 18.74.020. Uses Permitted; Deschutes Junction And Deschutes River Woods Store (1)Section 18.80.044. Land Use Compatibility (1)Section 18.108.110. Business Park; BP District (1)Section 18.120.010. Nonconforming Uses (1)Section 22.04.020. Definitions (1) Proposed Amendments: State LawHouse Bill 3024 and ORS 215.291 prohibit jurisdictions from considering property tax classification of dwellings that were previously removed, destroyed, demolished or converted to nonresidential uses when reviewing applications for replacement dwellings on lands zoned for exclusive farm use. Includes additional language to conform County Code with the state Administrative Rule.DCC Section Amended:Chapter 18.16. Exclusive Farm Use ZonesSection 18.16.023. Lawfully Established Dwelling Replacement•Addsnew tax assessment standards for EFU dwellings qualifying for replacement, and removesthe old standards. Proposed Amendments: State LawHouse Bill 2106 and OAR 660-033-0010 alter the established date requirements for any farm building used for dog training classes or testing trials.DCC Section Amended:Chapter 18.16. Exclusive Farm Use ZonesSection 18.16.025. Uses Permitted Subject To The Special Provisions Under DCC Section 18.16.038 Or DCC Section 18.16.042 And A Review Under DCC Chapter 18.124 Where Applicable•Adds current date requirements for any farm building used for dog training classes or testing trials. Proposed Amendments: State LawHouse Bill 2844 and ORS 215.255(2)(b), the amendment adds a new farm crop processing use provided that the operation uses less than 2,500 square feet for its processing area.DCC Section Amended:Chapter 18.16. Exclusive Farm Use ZonesSection 18.16.025. Uses Permitted Subject To The Special Provisions Under DCC Section 18.16.038 Or DCC Section 18.16.042 And A Review Under DCC Chapter 18.124 Where Applicable•Adds a new farm crop processing use provided that the operation uses less than 2,500 square feet for its processing area. Proposed Amendments: State LawOAR 660-033-0130 language describing facilities for processing of farm crops.DCC Section Amended:Chapter 18.16. Exclusive Farm Use ZonesSection 18.16.025. Uses Permitted Subject To The Special Provisions Under DCC Section 18.16.038 Or DCC Section 18.16.042 And A Review Under DCC Chapter 18.124 Where Applicable•Adds edits to more generally align County Code with the OAR 660-033-0130 language describing facilities for processing of farm crops. No additional uses or restrictions are included within the general OAR alignment edits. Proposed Amendments: State LawOAR 660-033-0130 allows existing buildings to be used for temporary hardship dwellings on farm designated propertiesDCC Section Amended:Chapter 18.16. Exclusive Farm Use ZonesSection 18.16.030. Conditional Uses Permitted – High-Value and Non-High Value Farmland•Adds language to also allow existing buildings for temporary hardship dwellings on farm zoned properties. The amendment maintains conformance with the existing standards of DCC 18.16.050(H)(1)(a). Proposed Amendments: State LawOAR 660-033-0135 adds seasonal farmworker housing approved prior to 2001 as an acceptable use for farm designated properties seeking to establish a dwelling.DCC Section Amended:Chapter 18.16. Exclusive Farm Use ZonesSection 18.16.050. Standards for Dwellings in the EFU Zones•Adds seasonal farmworker housing approved prior to 2001 as an acceptable use for EFU zoned properties seeking to establish a new dwelling. Proposed Amendments: State LawHouse Bill 2225 and OAR 660-006-0027 add additional standards and clarifications for template dwellings approved in the Forest Zone. The amendments associated with OAR 660-006-0027 do not become active across all jurisdictions until November 1, 2021.DCC Sections Amended:Chapter 18.36. Forest Use ZonesSection 18.36.050. Standards For Single-Family DwellingsChapter 18.40. Forest Use ZonesSection 18.40.050. Standards For Single-Family Dwellings•Adds additional standards and clarifications for template dwellings approved on Forest zoned properties. Proposed Amendments: State LawORS 197.763(6) outlines standards governing local quasi-judicial land use hearingsDCC Sections Amended:Chapter 22.24. Land Use Action HearingsSection 22.24.130. Close Of The Record•Adds new standards governing local quasi-judicial land use hearings, including open record period requirements and timeline obligations. Removesold standards governing final written arguments and the open record period. Proposed Amendments: Federal LawUnder Section 6409 of The Middle Class Tax Relief and Job Creation Act (2012), state and local jurisdictions “may not deny, and shall approve any request for collocation, removal, or replacement of transmission equipment on an existing wireless tower or base station.”DCC Section Amended:Chapter 18.116. Supplementary ProvisionsSection 18.116.250. Wireless Telecommunications Facilities•Adds language to maintain compliance with federal law, including the Section 6409 standards regarding collocation, removal, or replacement of transmission equipment on an existing wireless tower or base station. Proposed Amendments: Other ChangesTitle 15 of the DCC uses a specific yearly (currently 2019) edition of the International Fire Code, which serves as the basis of County Fire Code requirements. This amendment would alter the language to avoid the need for local code updates when the International Fire Code receives periodic updates.DCC Section Amended:Chapter 15.04. Buildings and Construction Codes and RegulationsSection 15.04.080. Fire Code; Adopted•Removes the specific yearly edition reference for the International Fire Code and addslanguage to ensure the local fire code standards remain up to date. Proposed Amendments: Other ChangesDCC 17.24.150(B) contains a reference to “blue line” copies of final plats and “cartography” fees when recording documents with the Planning Division. These specific standards are no longer required during the final plat recording process, and the proposed changes reflect the contemporary recording standards.DCC Section Amended:Chapter 17.24. Final PlatSection 17.24.150. Recording•Removes the specific references to “blue line copies” and “cartography fees” for more general copy and fee descriptions. Proposed Amendments: Other ChangesDCC 18.116.330(B) needs clarification to match legislative intent. As presently written, it is unclear if the code clarifies whether a “location change” refers to intra-property changes, inter property changes, or both. Staff understands the legislative intent to refer specifically to inter-property location changes (i.e. - relocation of a marijuana production or processing use to another property). DCC Section Amended:Chapter 18.116. Supplementary ProvisionsSection 18.116.330. Marijuana Production, Processing, Retailing, And Wholesaling•Removes the current “change in location” language and addslanguage to reflect the legislative intent. Proposed Amendments: Other ChangesDCC 19.76.090 contains references to the “Bend Urban Area Planning Commission” as the appropriate review body for development which requires site plan and design review in the Deschutes River Corridor. However, the Bend Urban Area Planning Commission is no longer an active review body. The amendment replaces this reference with the “Deschutes County Planning Commission” as the appropriate review body.DCC Section Amended:Chapter 19.76. Site Plan ReviewSection 19.76.090. Deschutes River Corridor Design Review•Removes the current “Bend Urban Area Planning Commission” reference and addsa “Deschutes County Planning Commission” reference in its place. Proposed Amendments: Forthcoming•A number of additional text amendments are forthcoming associated with changes made during the 2019, 2020, and 2021 legislative sessions. •Additional amendments have been proposed by County staff to address multifaceted issues encountered during normal community development operations. •Due to the complexity associated with each of these changes, they require additional discussion and move beyond items typically associated with housekeeping amendments. Proposed Amendments: Forthcoming•A very brief summary of the possible forthcoming amendments includes:•DCC 18.04.030 – Definitions; DCC 18.128.320 - Campgrounds: Conflicts exist between the definitions of “campground” and the specific Conditional Use standards governing campgrounds. The primary conflict result from differing definitions for allowed durations of stay in designated campgrounds.•DCC 18.36; DCC 18.40 – Forest Zones: Over time, County Code has fallen out of compliance with the relevant standards of OAR 660-006, which deals with development and land uses in lands designated for forest use. Amendments would alter County Code to broadly conform with the standards required by state administrative rule. Proposed Amendments: Forthcoming•DCC 18.80.044 – Land Use: Deschutes County Code currently prohibits all residential uses within Transitional Areas associated with registered airports. Alterations are needed to ensure that residential development is allowed in transitional areas under certain circumstances by altering 18.80.044(D).•DCC 18.120.030 – Exceptions to Yard Requirements; 18.120.035 –Exceptions to River Setback Requirements: Required amendments to address what types of structures must be excepted, or should be excepted from various yard and river setback standards. Proposed Amendments: Forthcoming•House Bill (HB) 2809: Will add language to allow temporary replacement RV housing after a designated natural disaster.•HB 2469: A permissive bill to allow forest relative dwellings as a second dwelling on forest zoned parcels to assist with forest management.•HB 2329: A permissive bill altering ORS 215.283, EFU uses for nonmarginallands counties. Would allow photovoltaic solar power generation facilities on high-value farmland as a commercial utility facility. Specifically, renewable energy facilities defined in ORS 215.446 may be established as a commercial utility facility.•Telecommunications Act, others: An update of County Code to include federal “shot clocks” to our Title 22 Procedures Ordinance. Questions? Thank YouNext Steps: Public Hearing - October 28, 2021