Loading...
HomeMy WebLinkAbout11-18-2021 Housekeeping PC Hearing PresentationHousekeeping Text Amendments File No. 247-21-000862-TAApplicant: Deschutes County PLANNING COMMISSION PUBLIC HEARING November 18, 2021 Zoom Hearing Procedure Zoom participants are either Panelists or Attendees. Panelists are on video Attendees can view Panelists Start of Meeting –All microphones are muted to prevent audio feedback Zoom Hearing Procedure (continued) Start of Hearing Panelists will be PC and County staff only Attendees will be general public and media Staff Report –County staff will present report and answers questions from Planning Commission Public Testimony – There is no sign-in sheet for remote testimony Provide name and mailing address at start of testimony Clearly state any procedural objections, if any, to the hearings process as part of testimony Zoom Hearing Procedure (continued) Public Testimony –Interested parties Chair will next accept public testimony in the following order: 1.Attendees participating by attending in person 2.Attendees participating by computer 3.Attendees participating by telephone Zoom Hearing Procedure (continued) COMPUTER Attendees •Elevated from Attendee status to Panelist and audio unmuted •Provides testimony •Returns to Attendee status and audio muted •Next person is selected •Process repeats until all those participating by computer have testified Zoom Hearing Procedure (continued) TELEPHONE Attendees •Last 4 digits of Attendee’s phone number announced •Announced individual is elevated to Panelist and answers whether they wish to provide testimony No –Person returns back to Attendee status and audio muted Yes –Person provides testimony then returns to Attendee status and audio muted •Next person is selected with last 4 digits of number •Process repeats until all those participating by telephone have testified Public Hearing Background Purpose •Correct errors (scrivener & cross-references) •Reinstate omissions •Reflect updates to state/federal law Impact •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 Amendments •Alterations and additions to amendments summarized during the October 14, 2021 Work Session, based on direction from County Legal Counsel •Some additional amendments included based further staff review Proposed Amendments Title 15, Buildings and Construction Chapter 15.04. BUILDINGS AND CONSTRUCTION CODES AND REGULATIONS Title 17, Subdivisions Chapter 17.24. FINAL PLAT Title 18, County Zoning Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS Chapter 18.16. EXCLUSIVE FARM USE ZONES Chapter 18.32. MULTIPLE USE AGRICULTURAL ZONE – MUA Chapter 18.36. FOREST USE ZONE –F-1 Chapter 18.40. FOREST USE ZONE –F-2 Chapter 18.67. TUMALO RURAL COMMUNITY ZONING DISTRICTS Chapter 18.74. RURAL COMMERCIAL ZONE Chapter 18.80. AIRPORT SAFETY COMBINING ZONE -AS Chapter 18.84. LANDSCAPE MANAGEMENT COMBINING –LM ZONE Chapter 18.108. URBAN UNINCORPORATED COMMUNITY ZONE; SUNRIVER Chapter 18.116. SUPPLEMENTARY PROVISIONS Chapter 18.120. EXCEPTIONS Title 19, Bend Urban Growth Boundary Zoning Ordinance Chapter 19.76. SITE PLAN REVIEW Title 22, Deschutes County Development Procedures Ordinances Chapter 22.04. INTRODUCITON AND DEFINITIONS Chapter 22.24. LAND USE ACTION HEARINGS Chapter 22.32. APPEALS Proposed Amendments: Scrivener’s Errors (1) Section 18.84.010. Purpose From “Land” to “Landscape” Proposed Amendments: Reference Errors (11) Section 18.04.030. Definitions (2) 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: Reference Errors (11) Section 18.04.030. Definitions (2) •New Edits: Removes the specific subsection reference from ORS 446.003 describing “manufactured homes” •New Edits: Removes incorrect references within the definition of “Current employment of land for farm use.” Specifically, alterations were made to the internal references for standards describing “commercial activities in conjunction with farm use” and “farm processing facilities.” Proposed Amendments: State Law House 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 Zones Section 18.16.023. Lawfully Established Dwelling Replacement •Adds new tax assessment standards for EFU dwellings qualifying for replacement, and removes the old standards. Proposed Amendments: State Law House 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 Zones Section 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 Law House 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 Zones Section 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 Law OAR 660-033-0130 language describing facilities for processing of farm crops. DCC Section Amended: Chapter 18.16. Exclusive Farm Use Zones Section 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 Law OAR 660-033-0130 language describing facilities for processing of farm crops. DCC Section Amended: Chapter 18.04. Title, Purpose, and Definitions Section 18.04.030. Definitions •New Edits: relocates definitions for “facility for the processing of farm products” and “processing area” from DCC 18.16 to DCC 18.04. Proposed Amendments: State Law OAR 660‐033‐0130 allows existing buildings to be used for temporary hardship dwellings on farm designated properties DCC Section Amended: Chapter 18.16. Exclusive Farm Use Zones Section 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). Proposed Amendments: State Law OAR 660‐033‐0130 allows existing buildings to be used for temporary hardship dwellings on farm designated properties DCC Section Amended: Chapter 18.16. Exclusive Farm Use Zones Section 18.16.030. Conditional Uses Permitted –High-Value and Non-High Value Farmland •New Edits: Replaces specific OAR language in DCC 18.16.030(D) with a reference to the hardship dwelling standards in DCC 18.16.050(H). Proposed Amendments: State Law OAR 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 Zones Section 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 Law House 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 Zones Section 18.36.050. Standards For Single-Family Dwellings Chapter 18.40. Forest Use Zones Section 18.40.050. Standards For Single-Family Dwellings •Adds additional standards and clarifications for template dwellings approved on Forest zoned properties. Proposed Amendments: State Law ORS 197.763(6) outlines standards governing local quasi-judicial land use hearings DCC Sections Amended: Chapter 22.24. Land Use Action Hearings Section 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. Removes old standards governing final written arguments and the open record period. Proposed Amendments: Federal Law Under 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 Provisions Section 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: Federal Law Under 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.” •New Edits: given the complexity of this issue and the interfacing challenges of federal and local regulation, this amendment has been removed from the current round of housekeeping. Proposed Amendments: Other Changes Title 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 Regulations Section 15.04.080. Fire Code; Adopted •Removes the specific yearly edition reference for the International Fire Code and adds language to ensure the local fire code standards remain up to date. Proposed Amendments: Other Changes Title 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 Regulations Section 15.04.080. Fire Code; Adopted •New Edits: for clarity, adds a reference to OAR 837-040-0010, wherein the state formally adopts the International Fire Code as the governing language for Oregon. Proposed Amendments: Other Changes DCC 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 Plat Section 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 Changes DCC 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 Provisions Section 18.116.330. Marijuana Production, Processing, Retailing, And Wholesaling •Removes the current “change in location” language and adds language to clarify the legislative intent. Proposed Amendments: Other Changes DCC 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 Review Section 19.76.090. Deschutes River Corridor Design Review •Removes the current “Bend Urban Area Planning Commission” reference and adds a “Deschutes County Planning Commission” reference in its place. Proposed Amendments: Other Changes DCC 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. DCC Section Amended: Chapter 19.76. Site Plan Review Section 19.76.090. Deschutes River Corridor Design Review •New Edits: Replaces references to the “Bend Urban Area Planning Commission” with references to DCC 22.24.020 describes the appropriate review body proceedings for all other County land use action hearings Proposed Amendments: Other Changes The Board of County Commissioners have augmented the main visitor hours for the main Community Development Department (CDD) office at 117 NW Lafayette Ave, Bend. Beginning December 1st, 2021, the main CDD office will close to visitors starting at 4:00PM rather than 5:00PM. The proposed amendment alters DCC 22.32.015(B) to accommodate the new hours for formal appeals. DCC Section Amended: Chapter 22.32. Appeals Section 22.32.015. Filing Appeals •Alters the formal deadline for all appeals from 5:00PM to 4:00PM Thank You Options to move forward: •Continue the hearing to a date certain; •Close the hearing and leave the written record open to a date certain; •Close the hearing and set a date for deliberations; or •Close the hearing and commence deliberations. Questions? Kyle Collins, Associate Planner(541) 383-4427Kyle.Collins@deschutes.org