1992-41390-Ordinance No. 92-051 Recorded 12/2/199292-41390
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
REVIEWEO
�,WI/J
LEGAL COUNSEL
O ER G NO
An Ordinance Amending PL -20, The Deschutes
County Year 2000 Plan, as Amended, to Amend
Goals and Policies as Required by Periodic *l �`�
Review and Declaring an Emergency.
N)
ORDINANCE NO. 92-051 e. r
WHEREAS, former ORS 197.640 through ORS 197.647 requ ado\,-,ocal
governments to submit to a review of the local go'e nment's
comprehensive plan and land use regulations to insure compl,14pc with
statewide planning goals (hereinafter referred to as_'Peiodic
Review"); and`c
Cl
WHEREAS on February 27, 1987, the Department T'of Land
Conservation and Development (DLCD) issued a Periodic Review Notice,
as amended by further DLCD comments, specifying certain Comprehensive
Plan policies that the County needed to reconsider to address
substantial changes in circumstances (Periodic Review Administrative
Rule Factor 1) and new or amended agency plans or programs ( Factor 3 )
in order to ensure that PL -20, the Deschutes County Year 2000
Comprehensive Plan, remained up to date; and
WHEREAS, public hearings have been held in furtherance of this
objective in conformance with state law before the Deschutes County
Planning Commission and the Board of County Commissioners for
Deschutes County; and
WHEREAS, the Board of County Commissioners has considered the
recommendations of the Planning Commission and the public; now
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS AS FOLLOWS:
Periodic Review Factor 1C (Unfulfilled Plan Policies)
Section 1. That PL -20, the Deschutes County Year 2000
Comprehensive Plan, as amended, is further amended to amend Policy
Number 7 (page 37) of the Rural Development Section of the Growth
Management Chapter to read as follows:
7. Parcels legally existing at the time of this plan's
adoption shall continue to function as legal lots and will
not be unduly affected by the new lot size. (The County
will develop mechanisms to encourage the replatting of
existing rural subdivisions to cluster the dwellings in a
more efficient manner; this shall apply primarily in the La
Pine and Sisters areas.]"
KEY 14CHEO
PAGE 1 - ORDINANCE NO 92-051 (11/25/92) 1992
Section 2. That PL -20, the Deschutes County Year 2000
Comprehensive Plan, as amended, is further amended to delete Policy
Number 30 (page 49) of the Rural Development Section of the Growth
Management Chapter.
Section 3. That PL -20, the Deschutes County Year 2000
Comprehensive Plan, as amended, is further amended to replace Policy
Number 43 (page 57) of the Rural Development Section of the Growth
Management Chapter as follows:
"43. Transportation is [also] a major issue in Terrebonne, and
the following policies are important to the community's
growth and safety:
[(a) Provide greater efficiency and safety where Lower
Bridge Road and "B" Avenue intersect Highway 97 by
construction of a turn lane;
(b) Have the County request the State to re-evaluate the
speed limit through Terrebonne on Highway 97; and]
(a) The speed limit through Terrebonne should reflect the
needs of the community; and
[c] (b) Construct a bike path on Northwest Way between Redmond
and Terrebonne as funds are available for
reconstruction."
Section 3A. That PL -20, the Deschutes County Year 2000
Comprehensive Plan, as amended, is further amended to amend Policy
Number 7 (Page 94) of the Public Facilities section of the Growth
Management Chapter, as follows:
7. Because of the increasing cost of development which must be
borne by local residents, the County shall investigate
various methods to control or obtain funds for providing
new public service levels. This investigation is to
include review of a Systems Development Charge. The County
shall conduct a review of systems development charges for
areas outside the urban growth boundary by January 1,
1995."
Section 4. That PL -20, the Deschutes County Year 2000
Comprehensive Plan, as amended, is further amended to replace Policy
Number 5 (page 101) of the Recreation Section of the Growth
Management Chapter as follows:
5. [The County should prepare a detailed analysis of
recreational needs and adopt a plan for the County and
urban areas. The plan shall include recommendations for
trails and facilities for all types of recreational
activities locally, including hiking, biking, off-road
PAGE 2 - ORDINANCE NO. 92-051 (11/25/92)
vehicles, skiing, dog sleds, camping and picnicking. A
special County Committee should be established which
includes representatives from public and private agencies
as well as local clubs such as the 4 -Wheel Drive Club.
Costs should be included in the study analysis.] The
County will continue to coordinate the various recreational
needs for the County and urban areas with the U. S. Forest
Service, Bureau of Land Management, State Parks Division,
Bend Metro Parks and Recreation District, the Central
Oregon Parks and Recreation District, and other recreation
providers."
Section 5. That PL -20, the Deschutes County Year 2000
Comprehensive Plan, as amended, is further amended to delete Policy
Number 23 (page 104) of the Recreation Section of the Growth
Management Chapter.
Section 6. That PL -20, the Deschutes County Year 2000
Comprehensive Plan, as amended, is further amended to replace Policy
Number 8 (page 108) of the Recycling Section of the Growth Management
Chapter as follows:
8. [Because recycling is an effective method for energy saving
the County shall adopt by January 1, 1981, a recycling
program which:
(a) Provides specific recycling goals for 1985 and 1990;
(b) Identifies projects and methods to achieve the
specified goals; and
(c) Requires an annual review of program status.]
Recycling is an effective method of energy conservation.
The County has adopted a County -wide recycling program in
compliance with Senate Bill 405. The primary
responsibility for this program is through the County Solid
Waste Division. The ongoing recycling program will provide
for the following:
(a) Identify projects and methods to achieve the specific
goals; and
(b) Require an annual review of program status."
Periodic Review Factor 1D (New Information)
Section 7. That PL -20, the Deschutes County Year 2000
Comprehensive Plan, as amended, is further amended to reword the
Transportation -Airports Section (page 81) of the Growth Management
Chapter as follows:
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0.19-1701
"There are four airports in Deschutes County, although the
public also uses the uncontrolled landing field[s] in Brothers
[and Millican]: Bend, Redmond, Sunriver and Sisters. Only
Redmond and Sunriver have scheduled commercial passenger
service. There are many other private landing fields in the
County as well. The Millican airstrip was closed by the County
at the request of the State Aeronautics Division."
Section 8. That PL -20, the Deschutes County Year 2000
Comprehensive Plan, as amended, is further amended to add the
following new policy 20A to the Transportation Section of the Growth
Management Chapter (Page 85):
"20A. The 1987 through 1992 Six -Year Highway Improvement Program
for Region 4 as it applies to Deschutes County is hereby
incorporated by reference as part of this element."
Factor 2 (New or Amended Goals)
Section 8A. That PL -20, the Deschutes County Year 2000
Comprehensive Plan, as amended, is further amended to add a new
Policy 11 to the section entitled "Open Spaces, Areas of Special
Concern, and Environmental Quality," on page 126, as follows:
"11. Deschutes County shall prior to December 31, 1994 complete
a Goal 5 review in accordance with OAR 660-16-000 for the
"1B" Areas of Special Concern identified in the Areas of
Special Concern inventory of the Resource Element, adopted
by Ordinance 92-052."
Factor 3 (New or Amended State Agency Plans or Programs)
Section 9. That PL -20, the Deschutes County Year 2000
Comprehensive Plan, as amended, is further amended to add the
following text to the Public Facilities Section of the Growth
Management Chapter on Page 93 after the Health discussion.
"SOLID WASTE
In the past the County has had six landfills. Three of the
landfills (Alfalfa, LaPine and Fryrear) have been closed in
1988, 1989 and 1990 and replaced with transfer and recycling
stations. A fourth landfill, Negus, will be closed in 1992 and
replaced with a transfer recycling station. The two remaining
landfills, Knott and Demolition, will remain open and are
expected to have a useful life until approximately 2010.
The Knott landfill receives the transfer and recycling waste
from the four transfer stations. The Demolition landfill
receives wood and demolition material. The Demolition site will
be used as a source of approximately 1.5 million cubic yards for
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0119-1'702
the Bend Parkway project. According to the Public Work
Department's latest calculations, 24 percent of the waste stream
is diverted from burial at the landfills through composting at
the landfill site, the bottle bill, and recycling of tires,
cardboard, aluminum, oil, glass, newsprint, appliances, office
and computer paper, and plastic milk jugs."
Section 10. That PL -20, the Deschutes County Year 2000
Comprehensive Plan, as amended, is further amended to add the
following new policy to the Rural Development Section (page 39) as
Policy 20, the Urbanization Section (page 68) as Policy 38, the
Public Facilities Section (page 94) as Policy 38, the Recreational
Facilities Section (page 104) as Policy 24, and the Natural Hazard
Section (page 112) as Policy 15:
"All development in Deschutes County shall comply with all
applicable state and federal rules, regulations and standards."
Section 11. That PL -20, the Deschutes County Year 2000
Comprehensive Plan, as amended, is further amended to add the
following new policy to the section containing general policy
statements on pages 106 and 107 of the Comprehensive Plan as Policy
3A:
"Energy Assessment. During major plan updates, or more
often as necessary, the County shall assess its energy use
and the potential for energy conservation. The County
shall use information available from the state and federal
governments and utility companies."
Section 12. That PL -20, the Deschutes County Year 2000
Comprehensive Plan, as amended, is further amended to add the
following new policy to the Alternative Energy Sources Section (page
107) as Policy 7A:
"Internal Operations: The County shall, when practicable, make
energy efficiency and the use of renewable resources a regular
practice in its design and operation of buildings, equipment and
public facilities and services."
Section 13. That PL -20, the Deschutes County Year 2000
Comprehensive Plan, as amended, is further amended to add the
following new policy to the Conservation Section (page 108 ) as Policy
16A:
"Public/Private Actions: The County shall encourage local
residents and businesses to conserve energy, to use renewable
resources and to recycle materials. The County shall coordinate
its efforts with those of local organizations, special
districts, utility companies and state and federal agencies."
Section 14. That PL -20, the Deschutes County Year 2000
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0119-1703
Comprehensive Plan, as amended, is further amended to add the
following language to Policy Number 2 of the Recreation Section (page
101):
2. Rehabilitation, facility improvement or expansion and
recreation programs for the State and Federal agencies
shall be encouraged. A County Recreation Committee with
both private and public representation should be the
coordinator of such activities. Input from groups with
special needs should be encouraged so as to develop
appropriate programs, with tolerable impact to resources
and surrounding residents and wildlife. Park
rehabilitation, replacement, minor betterment, repair, and
ordinary maintenance activities which do not significantly
impact land uses will be allowed outright."
Section 15. That PL -20, the Deschutes County Year 2000
Comprehensive Plan, as amended, is further amended to replace Policy
Number 4 of the Recreation Section (page 101) as follows:
"4. The Oregon State Parks System Plan and Master Plans shall
serve as the State Parks guide for improvements locally and
act as the basis for coordination and cooperation between
State Parks and local recreation agencies."
Section 16. FINDINGS. This ordinance is supported by the
findings set forth in Resolution 92-062, adopted concurrently with
this ordinance, by which the Final Periodic Review Order for PL -20
and Title 18 was adopted. Specific sections of this ordinance are
supported by relevant discussions contained in portions of the Final
Periodic Review Order as follows: Section 1, Page 12; Section 2,
Page 12; Section 3, Page 13; Section 3A, Page 14; Section 4, Page
14; Section 5, Pages 14-15; Section 6, Page 15; Section 7, Page
20; Section 8, Pages 20-21; Section 8A, Pages 47 and 52; Section
9, Pages 69-70; Section 10, Page 70; Section 11, Pages 71-72;
Section 12, Page 72; Section 13, Pages 72; Section 14, Page 72-73;
and Section 15, Pages 72-73.
Section 17. SEVERABILITY. The provisions of this ordinance are
severable. If any section, sentence, clause, phrase, area, overlay
or other separable part of this ordinance or any exhibit thereto is
adjudged to be invalid by a reviewing body of competent jurisdiction,
that decision shall not affect the validity of the remaining portions
of this ordinance or any exhibit thereto.
PAGE 6 - ORDINANCE NO. 92-051 (11/25/92)
• 0119-1.704
Section 18. EMERGENCY. This Ordinance being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this Ordinance takes effect on
its passage.
DATED this 25th day of November, 1992.
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Recording Secretary
BOARD OFICOUNTY COMMISSIONERS
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OF DEH TES COUNTY, OREGON
, 1w"Omml s s
10PE C GEN, Commisgioner
PAGE 7 - ORDINANCE NO. 92-051 (11/25/92)
, Chairman