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1992-41788-Resolution No. 92-062 Recorded 12/2/1992REVIEW \ ED 92-41788 1 - � LrGAL C01JNSE-1 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY—,6R-M A Res§,2M�Qlp 1�4pj�inq The Final Periodic Review ef' I,& PE I T20, the Deschutes County Year�42APQ �s Lqo Ffir e nsive Plan, and Title 18, t h e D e SMA", 01 L Ordinance.. %R 0119-1786 RESOLUTION NO. 92-062 WHEREAS, former ORS 197.640 through ORS 197.647 (repealed by 1991 Oregon Laws, Chapter 612) required local governments to submit to a review of the local government's comprehensiv6 plan and land use regulations to insure compliance with statewide planning goals (hereinafter referred to as "Periodic Review"); and WHEREAS on February 27, 1987, the Department of Land Conservation and Development (DLCD) issued a Periodic Review Notice specifying certain actions and analysis that Deschutes County needed to undertake in order to update PL -20, the Deschutes County Year 2000 Comprehensive Plan, Pl-15 (now Title 18), the Deschutes County Zoning Ordinance, and the Development Procedures Ordinance, pursuant to ORS 197.640 through 197.647; and WHEREAS Deschutes County has elected, as is allowed.pursuant to OAR 660-25-190(2), to continue its Periodic Review under the former Periodic Review process set forth under former ORS 197.640 through 197.647 and its implementing administrative rules (OAR 660- 19-000 et seq.); and WHEREAS DLCD has approved the County's deferral of its rural development policies until a later date, as more fully set forth in the periodic review order; and WHEREAS Deschutes County has otherwise conducted the required analysis and adopted all ordinances necessary to implement the changes required under the DLCD Periodic Review Notice and has otherwise followed all steps required by the applicable periodic review 'administrative rule; and WHEREAS former ORS 197.640 requires that the County adopt a final periodic review order for submission to DLCD; now therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. That the County adopts as its final periodic review order for submission to DLCD the document entitled "Deschutes County Year 2000 Comprehensive Plan/Title 18 Final Periodic Review Order - November 25, 1992," attached hereto as Exhibit A and by this reference incorporated herein. NO 1 - RESOLUTION NO. 92-062 (11/25/92) C', C 7; Lt'A E 0119-1787 Section 2. That the Periodic Review order is supported by the findings set forth therein. DATED this 25th day of November, 1992. BOARD OF COUNTY COMMISSIONERS OF DE_.%nlTES COUNTY, OREGON 24 "I'lill 10111 VAO-Mor I I IN, t-t1fairman 2 - RESOLUTION NO. 92-062 (11/25/92) 0119-17SS DESCHUTES COUNTY YEAR 2000 COMPREHENSIVE PLAN/TITLE 18 FINAL PERIODIC REVIEW ORDER NOVEMBER 25, 1992 Adopted by Resolution No. 92-062 DESCIRMES COUNTY PM ODIC P"IEW ORDM T"LE OF CONTENTS 1 0119--1789 Introduction PAGE 1 Factor 1 - Substantial Change in Circumstances 2 (A) Unanticipated Developments 2 (B) Cumulative Effects 5 (C) Unfulfilled Plan Policies 12 (D) New Information 19 (E) Consistency with New or Amended Statutes 24 Factor 2 - New or Amended Goals or Rules 44 Goal 2 44 Goal 3 45 Goal 4 46 Goal 5 47 (A) Areas of Special Concern 48 (B) Ecologically Significant Natural Areas 53 (C) Open Space/Scenic Areas 54 (D) Fish Habitat 55 (E) Wilderness Areas 57 (F) State and Federal Wild and Scenic Rivers 58 (G) Energy Sources 59 (H) Potential Recreation Trails 61 (I) Wildlife Areas and Habitats 62 (J) Historic Resources 63 (K) Aggregate and Mineral Resources 64 Factor 3 - New or Amended State Agency Plans or Programs 66 Department of Environmental Quality 66 Department of Energy 71 Department of Transportation 72 Water Resources Department 73 Factor 4 - Additional Planning Tasks Final Periodic Review Order - November 25, 1992 Table of Contents rV List of Attachments Appendices 0119-1790 77 Appendix A - Deschutes County Ordinances Amending Comprehensive Plan and zoning ordinance 79 Appendix B - Comparison between Title 18 and PL -15 96 Final Periodic Review Order - November 25, 1992 Table of Contents DESCHUTES COUNTY PERIODIC REVIEW ORDER 0119-1791' INTRODUCTION ORS 197.640 requires cities and counties to review their Comprehensive Plans and Land Use Regulations periodically and make revisions necessary to keep plans and land use regulations in compliance with Oregon's Statewide planning goals and coordinated with the plans and programs of State agencies. Local governments must adopt findings in the form of a local review order responding to the four periodic review factors and enact the necessary policies to bring their plan and regulations into compliance with the periodic review factors. This proposed local review order provides the necessary findings and proposes amendments to Deschutes County's Comprehensive Plan and implementing ordinances in order to satisfy the periodic review requirements of ORS 197.640 and OAR 660, Division 19, "Periodic Review". BACKGROUND INFORMATION A. Deschutes County's Plan and Zoning Ordinances were adopted as follows: Comprehensive Plan: Ordinance No. PL -20, November 1, 1979 adopted the Deschutes Year 2000 Comprehensive Plan. Zoning Ordinance: Ordinance No. PL -15, November 1, 1979. Codified as Title 18 Deschutes County Code. B. The County's Comprehensive Plan and implementing ordinances were acknowledged to be in compliance with Statewide Plan Goals on April 30, 1981 and January 30, 1986. The amendments adopted since acknowledgement which amend the Comprehensive Plan or Zoning Ordinance are listed and attached in Appendix A. The County believes these amendments comply with the Comprehensive Plan Goals and Policies. These amendments were submitted as plan amendments or zoning text amendments and approved by LCDC/DLCD for conformance with the State-wide Planning Goals. Final Periodic Review Order - November 25, 1992 Page 1 FACTOR 1. SUBSTANTIAL CHANGE IN CIRCUMSTANCES 0119-1792 SUBFACTOR I(A): UNANTICIPATED EVEIA)PMENTS OR EVENTS OAR 660-19-057 (1)(a): Major developments or events which have occurred that the acknowledged plan did not assume nor anticipate, or major developments or events which have not occurred that the acknowledged plan did assume or anticipate. Local Periodic Review findings must describe any occurrences such as the construction of or decision not to build a large project like a major reservoir, a regional shopping center, or a major energy or transportation facility; describe a significant change in the local government's natural resources or economic base, significant unexpected population growth, significant consecutive decline in population growth rate, failure or inability to provide public facilities and services in accordance with the plan, etc. FINDINGS: A comprehensive review of all applicable Deschutes County Ordinances was undertaken by the Planning Division Staff, the Citizen Advisory Committee, and elected officials. Our review of these documents indicates that there were not any unanticipated developments or events that affect the plan or land use regulations. The prolonged recession affected all of Deschutes County. However, due, in part, to the large number of existing lots in the County, the population continued to grow as was indicated in the plan. All other commercial, residential, and industrial development has occurred as anticipated. Coats v. LCDC In 1984 the Court of Appeals in Coats v. LCDC, 67 Or App 504 (1984), reversed and remanded Deschutes County's acknowledgement based upon the fact that the County's comprehensive plan and implementing ordinance would have allowed conflicting uses on sites surrounding SM and SMR sites without any ESEE analysis and without any protection of the mineral and aggregate resource. Under an order dated January 30, 1986, LCDC acknowledged Deschutes County's plan and implementing ordinances except for areas zoned surface mining and surface mine reserve outside the County's urban growth boundaries and except for compliance with the requirements of Goal 5 with respect to mineral and aggregate resources under Goal 5. Final Periodic Review Order - November 25, 1992 Page 2 0119-17 Pursuant to that order and several continuances g an ed by LCDC since that time, Deschutes County has undertaken a process to inventory mineral and aggregate resources outside the urban growth boundaries in the County. In December 1985 the County conducted an initial inventory of lands zoned surface mining and surface mining reserve in the County. During 1986 - 1988 the County continued to inventory and analyze the aggregate and mineral resources for the County and hold public hearings. In September 1988 the hearings officer made recommendations to the Board of Commissioners on the County's new inventory. On December 14, 1988, the Board of Commissioners adopted Ordinance 88-039, which adopted the Deschutes County mineral and aggregate resource inventory and supporting recommendations of the hearings officer and staff. Starting in February 1989, the Planning Commission held hearings on individual inventoried sites to address ESEE conflicts. Starting in May of 1989, the Board of County Commissioners held public hearings and made final ESEE decisions. In July 1990, the Board of Commissioners adopted Ordinances 90-025, 90-028, 90-029 to amend the Comprehensive Plan goals and policies, to adopt the surface mining inventory and ESEE analysis and Ordinance 90-014 to amend Title 18 to create a Surface Mine and Surface Mine Impact Area Zone (Title 18.52 and 18.56). In May 1991 LCDC acknowledged the sections of the comprehensive plan and implementing ordinances which were revised in response to Coats v. LCDC. However, along with the acknowledgement order, the county was required to amend the surface mining section of the Comprehensive Plan with a new Policy - 1115A11. This policy required the county, as part of periodic review, to evaluate the conflicting Goal 5 resources identified in the surface mining ESEEs to insure consistency between all Goal 5 resources. The Board of County Commissioners adopted Ordinance 92-044 which adopts findings and a decision to comply with Policy 1115A11. Supreine Court Decision, 1000 Friends of Oregon v. LCDC (Curry County Deschutes County has deferred addressing the substantial change in circumstances resulting from the 1000 Friends of Oregon v. LCDC (Curry County) until the Department of Land Conservation and Development clearly defines urban and rural land use issues. The county has obtained approval from DLCD Final Periodic Review Order - November 25, 1992 Page 3 to segment this portion of periodic review in a letter dated August 27, 1990. 0119-1794 CONCLUSION Factor IM: The county completed the Goal 5 process for aggregate and mineral sites in the county in response to Coats v. LCDC. LCDC acknowledged the amended comprehensive plan. No other major developments or events have occurred which were not assumed or anticipated by the acknowledged Comprehensive Plan. Therefore, Deschutes County complies with Subfactor A of Factor 1. Final Periodic Review Order - November 25, 1992 Page 4 0119-1795 SUBFACTOR I (B): CUMULATIVE EFFECTS OAR 660-19-057(l)(b): Cumulative effects resulting from plan and land use regulation amendments and implementation actions on the acknowledged plan's factual base, map designations and policies which relate to State-wide goal requirements. (A) For local governments responsible for plans outside urban growth boundaries, Periodic Review findings must describe the cumulative effects of plan and land use regulation amendments, including goal exceptions, and implementation actions resulting in the conversion of agricultural and forest lands to non -resource use, on the protection of Goal 5 and Willamette Greenway resources, the protection of coastal resources, including dredge material disposal and estuarine mitigation sites, on significant increases in densities in rural residential exception areas, and on other specific State-wide planning goal matters that the Director includes on the local government's Periodic Review Notice. FINDINGS: Deferral of Cumulative Effects for Goals 3 The County has obtained approval from the Department of Land Conservation and Development to defer the farm review (Letter from DLCD 1/10/91). The impacts of the secondary lands pilot program and the potential changes to Exclusive Farm Use statutes and rules cannot be addressed at this time. The County will review the cumulative effects of farm and non-farm land use actions as part of the resolution of the secondary lands issue or at the time the county completes the study of farm lands conducted by Oregon State University and brings the Comprehensive Plan and EFU ordinances in compliance with the Goal 3 Administrative Rule (OAR 660-05-000). Transportation Plan Amendments and Deschutes River Study Deschutes County adopted Plan Amendments for Transportation and the Deschutes River Study. The River Study includes Goal 5 analysis, policies, and implementing ordinances. The studies and subsequent ordinances were based on the need for additional planning work. The Citizen Advisory Committee and the County Planning Staff have reviewed the possible cumulative effects based on the Comprehensive Plan, land use regulations and implementation actions. The County finds that the adoption of plan amendments of the Transportation Plan and Deschutes River Study did not contribute to any cumulative effects. These two studies completed existing plan work program projects. Final Periodic Review Order - November 25, 1992 Page 5 0119-1796 Exceptions to Goals 3 and 4 Ordinance 88-034 took an exception to Goal 3 to rezone 35 acres of EFU zoned land to Rural Industrial. This action did not result in an increase in residential density. No residences will be located on the site. The site does not have irrigation and is covered with juniper trees. The site will be used as a training area for the National Guard. Ordinance 89-012 took an exception to Goal 3 to rezone 90 acres of EFU 20 to Rural Residential 10. This action did not result in an increase in potential residential density because the area was already platted as a subdivision with 5 acre lots. Fifty-two percent of the lots were already developed at the time of the exception. The tract does not have irrigation and was not used for agriculture. Ordinance 89-024 took an exception to Goal 4 to amend the comprehensive plan map to change the designation from Forest to Industrial. The zoning on the land was changed from Surface Mining to Rural Industrial. This action will not result in an increase in residential density as residences are only permitted as caretaker's residences in conjunction with a permitted industrial use. Zone Changes The following zone changes increased the potential residential densities in farm and forest zones. Ordinance 86-050 rezoned 60 acres of a 100 acre parcel from F2 to F3. The purpose of the zone change was to allow creation of a 4 lot subdivision. Three lots would be 20 acres, the remainder was for the Sister's School District. The three 20 acre lots would be intensively managed. The Board of Commissioners found that the property met the requirements for F3 zoning. The net increase in potential residences is two dwellings. The density is one per 20 acres. Ordinance 87-033 rezoned 252 acres from EFU 80 and EFU 40 to EFU 20. This action created nine 20 acre parcels and 71 acres of park land along the Deschutes River. The property did not have any irrigation rights and had never been an operating farm. Agricultural use of the property was limited to occasional grazing. The net increase in potential residences is 4. The density is one per 28 acres. Ordinance 89-022 and Ordinance 89-023 amended the comprehensive plan designation and rezoned 221 acres of EFU 80 to F3. This action made it possible for the owner to obtain approval for a cluster development which would not be permitted in the EFU zone. The cluster development has 21 homesites and retains 75 percent of the land in open space. The riparian area along the Deschutes Final Periodic Review Order - November 25, 1992 Page 6 River will be protected with a conservation easoelmelh9t—IZ97imber in the open space area will be managed for commercial production according to a forest management plan. The application for the cluster development makes findings that the proposed development will not interfere with farming or forestry because, except for limited grazing, there are no adjacent lands devoted to farm or forest use. The net increase in potential dwellings is 18. The residential density is one per 10 acres; however, the residences are clustered. The approval of the three exceptions and accompanying zone changes in resource zones do not cause a significant cumulative increase in residential development in resource zoned land. These changes resulted in a potential net increase of 24 residences outside of the urban growth boundary. Eighteen of the 24 potential residences will be clustered to retain open space. The resulting increase in potential density will not impact surrounding agricultural and forest uses. Two of the zone changes will allow for continued commercial management forest land. Two of the three exceptions will not cause any increase in residential development. The third exception recognized a built and committed subdivision. Cumulative Effects of Implementing Actions on Goal 5 Resources Landscape Management Zone The comprehensive plan identified lands outside of the urban growth boundaries and rural service centers, within one quarter mile on either side of highways 97, 20 and 126, and Century Drive, South Century Drive and portions of Three Creek Lake Road, Fall River Road, roads from Highway 97 to Smith Rocks and Pine Mountain Road as important scenic corridors where development was subject to a case by case review. Land within 200 feet of designated rivers and streams was also subject to case-by-case review. The Landscape Management Zone, Chapter 18.84 of the Deschutes County Code, is the implementing ordinance for the protection of the lands identified as important scenic resources in the comprehensive plan. The Landscape Management Zone requires site plan review for development within the zone. However, it did not have clear and objective standards and did not clearly identify the scenic resource to be protected. Also, since the adoption of the Landscape Management Zone, the State Scenic Waterway and the Federal Wild and Scenic River designations were changed along Deschutes River and some of its tributaries. Because of the deficiencies in the Landscape Management zone and the changes in the status of the State and Federal river designations, the planning staff and the Planning Commission concluded that dwellings and other structures were being approved which were having a negative cumulative effect on the scenic resource, especially along the rimrocks in the river canyons. Therefore, the county has adopted an amendment to the Landscape Management Zone in order to provide clear and objective standards and clarify Final Periodic Review Order - November 25, 1992 Page 7 which properties are subject to the standards and define what view is to be protected. (Ordinance 92-034) 0119-1798 The amended Landscape Management Zone provides sufficient protection to the scenic values along the designated corridors. However, the Planning Division and the Planning Commission have recognized that there are scenic views, important to the local economy which may require more specific protection than is provided by the standards in the Landscape Management Zone. These site specific scenic views have not been inventoried in a Goal*5 process which conforms with OAR 660-16. The following policy is proposed as an amendment to the Resource Management Element, Open Spaces, Areas of Special Concern and Environmental Quality Section of the Comprehensive Plan: "The county shall conduct an inventory of outstanding scenic resources not sufficiently protected by the Landscape Management Zone. The inventory shall be conducted in accordance with OAR 660-16. Comprehensive Plan policies and implementing ordinances to protect resources identified in the inventory shall be adopted prior to submittal of the next periodic review order." Wildlife Area Combining Zone The Wildlife Area Combining Zone (WA) was adopted by the Board of County Commissioners as part of PL -15 on November 1, 1979. The zone was designed to protect identified deer winter range with a requirement for a 40 acre minimum lot size and cluster or planned developments and review of partitions in riparian areas by the Oregon Department of Fish and Wildlife (ODFW). PL -15 was codified into Title 18 of the Deschutes County Code in 1991; the Wildlife Area Combining Zone is Title 18.88. Implementation actions made under the provisions of the Wildlife Area Combining Zone have maintained the 40 acre minimum lot size for new land divisions in the deer winter range and the clustering standard has provided open space necessary to provide the wintering deer cover and escape from conflicting uses associated with dwellings, roads, and dogs. The 40 acre minimum lot size in the zone reflects the density recommended by the ODFW` to protect the habitat values for deer winter range. During periodic review the ODFW did not recommend changes to the minimum lot size standard in the WA zone. Therefore, the cumulative effect of development occuring in the deer winter range designated in the 1979 Comprehensive Plan has not been significant because the habitat values have been adequately protected by the minimum lot size in WA zone. As part of this periodic review the county was required to inventory the wildlife resources in compliance with OAR 660-16 and revise the WA zone to remove standards which were not clear and objective. As part of this process the county identified new Final Periodic Review Order - November 25, 1992 Page 8 0119-1799 areas of deer winter range, and amended the WA zone to implement minimum lot sizes recommended by the ODFW for inventoried significant elk habitat and antelope range. The county also adopted siting standards for new residences and fencing standards which are clear and objective. The county also recognized that because there were no provisions to protect the Bend/LaPine deer migration corridor from new partitions there could be a negative cumulative effect on the open space and habitat values required for deer migration. Therefore, the county has included the deer migration corridor in the Wildlife Area Combining Zone and amended the zone to require clustering for new partitions in the corridor. See Periodic Review Factor 2 for a discussion of the amendments to the Comprehensive Plan and Title 18 to implement Goal 5 for fish and wildlife resources. Deschutes River Combining Zone Ordinance 83-058 created the Deschutes River Combining Zone to: Maintain the quality and quantity of the streamflows; to protect fish and wildlife; and protect the visual, environmental and aesthetic attributes of the Deschutes River and its tributaries, diversion points and adjacent areas with in the zone. The zone was an interim measure to protect the river resource until completion of the River Study and adoption of recommended comprehensive plan policies and implementing ordinances. The zone applied to all land use actions in the area 200 feet from the mean high water mark measured at a right angle from the river or identified flood plain along the Deschutes River, Little Deschutes River, Spring River, Fall River, Tumalo Creek, Paulina Creek, Squaw Creek, and the Crooked River. The Deschutes County City of Bend River Study was completed in April 1986. The Board of Commissioners adopted amendments to the comprehensive plan and the following ordinances to implement protection of the river as a Goal 5 resource: Ordinance No. 86-018 amended Ordinance No. PL -15 to prohibit hydroelectric facilities in designated stretches of the Deschutes River and its tributaries, and to allow hydroelectric facilities in designated stretches of the Deschutes River and its tributaries, and to allow hydroelectric facilities as conditional uses in designated zones and stretches of the Deschutes River. (Title 18.96 and 18.116.130 and 18.128.040(W), Deschutes County Code). Final Periodic Review Order - November 25, 1992 Page 9 0119-1800 Ordinance No. 86-056 amended Ordinance No. PL -15 to authorize fill and removal activities as a conditional use in certain zones. (Title 18.128.040(W), Deschutes County Code). Ordinance No. 86-054 amended Ordinance No. PL -15 to require conservation easements as a condition of approval for land use actions on property adjacent to certain rivers and streams. (Title 18.116.310, Deschutes County Code). Ordinance No. 86-053 amended PL -15 requirements for rimrock setbacks. (Title 18, all zones). Ordinance No. 89-030 amended the Deschutes County Comprehensive Plan for Flood Hazard zones. Ordinance No. 88-031 amended PL -15 to establish a new Flood Plain zone and use restrictions. (Title 18.96, Deschutes County Code) Ordinance No. 89-009 established specific restrictions for boat docks, slips, piers or houses in the Flood Plain zone. (Title 18.96 and 18.116.070, Deschutes County Code). Ordinance No. 92-034 amended the Landscape Management Zone, Title 18.84 Deschutes County Code. Ordinance No. 92-033 amended the Deschutes County Comprehensive Plan Open Space, Areas of Special Concern and Environmental Quality goals and policies. These ordinances along with the Oregon State Scenic Waterway and the Federal Wild and Scenic designations on segments of the certain rivers and streams are the implementing measures to protect the Deschutes River and its tributaries. The county notifies the Oregon Department of Fish and Wildlife of all development proposals in the river corridor, and notifies Oregon State Parks Department of all proposals in the State Scenic Waterway. The county finds that the cumulative effect of these ordinances has been to increase protection of the scenic, fish and wildlife recreational values of the Deschutes River corridor and its tributaries while still permitting residential and other development. Flood Plain Zone Ordinance No. 89-030 amended the Deschutes County Comprehensive Plan for Flood Hazard zones. (Title 18.96, Deschutes County Code). Final Periodic Review order - November 25, 1992 Page 10 0119-1801 Ordinance No. 88-031 amended PL -15 to establish a new Flood Plain zone and use restrictions. (Title 18.96 Deschutes County Code). Ordinance No. 89-009 established specific restrictions for boat docks, slips, piers or houses in the Flood Plain zone. (Title 18.96 and 18.116.070, Deschutes County Code). These ordinances effectively regulate development in the flood plain and floodway. All structures are a conditional use in the floodplain and must comply with standards in Chapter 19.96 and specific conditional use standards in Chapter 19.116.070, 130, 040, and 050. The ordinances regulating development in the flood plain conform with the requirements of the Federal Emergency Management Agency. Prior to 1988 no development was allowed in the flood plain. Since 1988, there have been 16 conditional use applications for development in the flood plain. Four permits were granted for fill and removal, one permit for a dock, one permit for an addition to an existing structure, three permits for manufactured homes (two replacements), two permits for barn/storage buildings, and five new residences. The residential development in many cases was also subject to landscape management site plan review and the required 100 foot setback from the ordinary high water mark of the river. The cumulative impact of the land use actions and development in the flood plain is not significant because the ordinance requires findings that the cumulative effect of any proposed development when combined with all other and existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point (18.96.060(F)). The ordinance also prohibits structural development in the floodway and any land use which would alter the water course. There is no evidence that the permitted development has caused any significant cumulative impact; therefore the regulations are protecting the flood plain. CONCLUSION: Based on the findings above Deschutes County complies with the requirements of periodic Review Factor 1, subfactor B. The plan and land use regulation amendments, goal exceptions and implementation actions have not resulted in the conversion of agricultural land and forest lands to non -resource use which was not anticipated by the Comprehensive Plan, zoning designations and zoning regulations. The County has reviewed the protection of Goal 5 resources as required by OAR 660-16 and amended the comprehensive plan and zoning ordinances as necessary to respond to the cumulative effects on the Goal 5 resources. Final Periodic Review Order - November 25, 1992 Page 11 SUBEACTOR I(C): UNFULFIU= PI" POLICIES 0119-1802 OAR 660-19-057(l)(c): Oversight or a decision by the local government to delay or not carry out plan policies which relate to a State-wide goal requirement. Local Periodic Review findings must describe why, for example, a revised inventory of natural hazards or a date -specific, overall revision of the plan, etc., have not been completed. FINDINGS: The Periodic Review notice has indicated that several plan policies have been delayed or not carried out. The policies, referenced by page number in the Comprehensive Plan, are as follows. Poli : 117. 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 development in a more efficient manner; this shall apply primarily in the LaPine and sisters areas." Page 37 Respons : This policy recognized the validity of pre-existing legal lots in existing subdivisions, while expressing a desire to attempt to mitigate the large number of such rural lots in the county. The suggested mitigation is not legally possible due, in part, to existing density in the subdivisions, existing zoning, and a large number of property owners. Therefore, the County proposes to delete the second sentence of the suggested mitigation measures of this policy from the Comprehensive Plan (Ordinance 92-051). Poli : 1130. A housing plan for the LaPine core area shall be prepared which permits some flexibility in housing densities consistent with providing adequate facilities (such as school and water). Infilling, as appropriate to water quality, of existing subdivisions shall be encouraged." Page 49 Resipons : The LaPine core area is a portion of the designated Rural Service Center. A more flexible housing plan would not be possible due to the current zoning. The County has assisted the citizens with incorporation consistent with OAR 660-14. Final Periodic Review Order - November 25, 1992 Page 12 This effort failed. Therefore, this policy is no longer relevant and will be deleted from the Plan. 0119-1803 The core area of LaPine has recently established a sewer system, with a treatment plant located on Reed Lane. The infilling of existing lots within the sewer district will be less restrictive with individual disposal systems no longer necessary. Poli : 1143. 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 fBf 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; (c) construct a bike path between Terrebonne and Redmond along Northwest Way, as funds are available." Page 57 Respons : The Terrebonne CAC identified items (a), (b) and (c) as major transportation issues in the area. A turn lane was constructed on Highway 97 at or near Lower Bridge. The speed limit in Terrebonne was reduced from 55 to 45 miles per hour. Item (c) was made a part of the Redmond Urban Area Transportation Plan. Northwest Way is designated as a proposed urban minor arterial. It is designated as a rural minor arterial in the County. The road will be reconstructed to urban/rural area standards, including a bike route, when funds are available. The County has completed these policies and adopted the following revised policy concurrent with adoption of this periodic review order: (Ordinance 92-051) 1143. Transportation is a major issue in Terrebonne, and the following policies are important to the community's growth and safety: (a) The speed limit through Terrebonne should reflect the needs of the community. (b) Construct a bike path on Northwest Way between Redmond and Terrebonne as funds are available for reconstruction." Final Periodic Review Order - November 25, 1992 Page 13 Poli : 0119-1804 117. 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." Page 94 ResRgns : The County is still in development charges in plans to review systems of the UGB. This comprehensive plan and (Ordinance 92-051). Poli : the process of evaluating systems the urban area. The County still development charges in areas outside policy shall be retained in the amended to require the review by 1995 115. The County shall 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 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." Page 101 Respons : The County has not attempted to meet this policy. The two recreation districts in Deschutes County do most of the recreation planning. Deschutes County will be unable to implement this goal except through its coordinated efforts with the local park districts. Ordinance 92-051 adopts the following reworded policy: 115. 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." Poli : 1123. The County shall enact off-road vehicle standards similar to the Bureau of Land Management." Page 104 Final Periodic Review Order - November 25, 1992 Page 14 ResRqns : 0119-1805 Deschutes County does not allow off-road vehicle use on County land. The county does not have jurisdiction on federal lands. This policy has been deleted from the plan. (Ordinance 92-051) Poli : 118. 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 specific goals; (c) requires an annual review of program status." Page 108 Resipons : The County has implemented a County -wide recycling program. Senate Bill 405 required counties to implement recycling programs by July 1, 1986. Deschutes County's recycling program began in January of 1984. Although not in the specified timeframe, the objectives of this policy have been met. The revised policy adopted by Ordinance 92-051 is: 118. 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. (b) Require an annual review of program status." Poli : 111. Because a major concern is the protection of existing scenic views and environmental quality, two related policies are created. The first was originally proposed by several citizen committees and, although modified, has been retained. The second policy was recommended by the Planning Commission and staff as an appropriate addition. Final Periodic Review Order - November 25, 1992 Page 15 0119-1806 (a) on lands outside urban growth boundaries and Rural Service Centers along Highways 97, 20, 242, and 126, as well as along Century Drive, South Century Drive, portions of Three Creeks Lake Road, Fall River Road, roads from Highway 97 to Smith's Rock, Pine Mountain Road, Skyliners Road, and all along other streams and roadways for which landscape management is prescribed on the 1990 Comprehensive Plan, a case-by-case review area shall be established. This area is not to extend more than one quarter mile on either side from the center- line of roadways, nor more than 200 feet from either side of rivers, measured from the mean high water level. Within the prescribed area, new structures (excluding fences, existing structures, or other structures less than $1,000 in total value) shall be subject to review by the County at the time of application for a building or zoning permit. Acceptance of any such development plan will be dependent on site screening by existing natural cover and/or compatibility with scenic vistas. outdoor advertising signs should be informational only, and oversized displays discouraged. The primary purpose of this review shall be to obtain a structure as compatible with the site and existing scenic vistas as is possible, rather than to establish arbitrary standards for appearance or to otherwise restrict construction of appropriate structures. A study will be concluded within one year of this plan's acknowledgement which will result in recommendations to the County as regards the permanent size and standards for landscape management areas. This study shall also address the legal issues raised by the Fifth Amendment to the U.S. Constitution which states, "No person shall be deprived of life, liberty, or property without just compensation." Recommendations for appropriate mechanisms to help compensate landowners severely restricted in the use of their land by the establishment of landscape management rules shall also be included in the report. A citizen's committee to help review areas and standards shall also be a part of this process." Regpons : The proposal concerning landscape management areas was very Final Periodic Review Order - November 25, 1992 Page 16 0119-1807 controversial during plan development. The landscape management areas were adopted as part of the Zoning ordinance. Each application was reviewed on a case-by-case basis. The study required by the policy was not undertaken because the IM overlay zone was not a problem as anticipated by the preceeding controversy. However, as part of periodic review, the Board of County Commissioners adopted Ordinances 92-033 and 92-034 which revised the Comprehensive Plan and the Landscape Management Zone. These revisions to the Landscape Management Zone were adopted to address the change in circumstances resulting from the designation of portions of the Deschutes River and its tributaries, to provide clear and objective standards and correct problems with clarity and implementation of the zone and increase the rimrock setback. Therefore, even though the study was not undertaken, the county conducted public hearings regarding the Landscape management zone before the Planning Commission and the Board of County Commissioners and the intent of the policy, subsection (a), has been implemented. Ordinance 92-033 amended the policy and deleted the section requiring the study. Poli : 11(b) Development restrictions shall be established for the rimrocks along the Deschutes and Crooked Rivers in order to minimize the visual impact structures built on the rimrock will have on these areas when viewed from the river (amended by Ordinance 82-014)." Pages 124 and 125 RepRpns : This policy was implemented and reviewed again during the process of the River Study. The River Study and implementing ordinances were adopted in 1986. ordinance 86-053 adopted rimrock setbacks along all rimrocks in all zones and along eight rivers and streams. As part of periodic review the County reviewed the Landscape Management Zone and adopted Ordinance 92-034 which increased the rimrock setback from 20 feet to 50 feet with provisions for exceptions to the 50 foot setback. Ordinance 92-033 amended the Deschutes County Year 2000 Comprehensive Plan to delete the policy and replace it with the following: "Rimrocks along streams shall receive special review to assure that visual impacts of structures viewed from rivers or streams are minimized. A 50 foot setback shall be required from rimrocks on all newly created lots. Existing lots may receive exceptions to rimrock setbacks subject to conformance with criteria which Final Periodic Review Order - November 25, 1992 Page 17 individually review the structure, location and consider impacts in a manner which minimize the visual impact of the structure when viewed from the river or stream." —1808 1 0119 CONCLUSION: The County's review finds no other policies related to plan requirements which have not been carried out. The County has adequately reviewed all of the unfulfilled plan policies with the above findings. Ordinance 92-051 will adopt the above referenced Comprehensive Plan policy amendments concurrently with the adoption of this periodic review order. Therefore, the requirements of Subsection (c) of Factor One have been satisfied. Final Periodic Review Order - November 25, 1992 Page 18 SUBFACTOR I (D) : NEW INFORMATION 0119-1809 OAR 660-19-057(l)(d): Incorporation into the plan of new inventory material which relates to a State-wide goal made available to the jurisdiction after acknowledgement. Local Periodic Review findings must list what applicable published state or federal reports have been made available to the jurisdiction after acknowledgement containing new inventory material, for example, on groundwater availability, air quality, big game habitat, census information, soil surveys, natural hazards, etc., and describe what steps, including any amendments to the plan's factual base, policies, map designations, and land use regulations, have been taken in response to this information. FINDINGS: A comprehensive review of all listed inventories along with newly identified inventories, was made by the Planning Division Staff, and this information was discussed and reviewed with the Citizen Advisory Committee, and elected officials. It was determined that this information applies to the Comprehensive Plan as follows: 1. 1983 State-wide COmRrehensive outdoor Recreation Plan (SCORP) Pertinent statistical data were reviewed and it appears that SCORP needs to be updated to more accurately reflect identified recreational needs in Deschutes county. specifically, the SCORP needs to re-examine its information boat ramps and biking trails. In September of 1986, Deschutes County and the Deschutes National Forest participated in a joint effort in the State-wide Boating Facilities Needs Assessment and Facility Plan Update, 1987-1993. The identified projects are needed to achieve the County's policy of providing increased water sport opportunities (see Policy 22(d), Page 103, of Deschutes County Comprehensive Plan. In June of 1986, Deschutes County adopted a new Transportation Plan and Plan Map that includes goals and policies that promote increased reliance on non -motorized modes of transportation. The SCORP indicates that the County needs only two miles of biking trails through the year 2000. However, it is the policy of the County that additional bike routes be built on all new and reconstructed arterials and collectors. This will give the County additional miles of bike routes. Final Periodic Review Order - November 25, 1992 Page 19 0119-1810 2. Statewide Comprehensive Outdoor Recreation Plan 1988 - 1993 The county has reviewed the information contained in the 1988-1993 SCORP plan and finds that the Resource Element of the Comprehensive Plan has been amended to describe the designated State Scenic Waterways and Federal Wild and Scenic Rivers. The SCORP contains no other inventory information which conflicts with or needs to be added to the Comprehensive Plan. 3. The Oregon State Parks System Plan, 1981 - 1987 The County identified a proposed land exchange in the LaPine recreation area. The Planning Staff contacted Mr. Al Cook, ODOT Recreation Planner, and was informed that this proposed activity has not, as of yet, taken place. 4. Airport Inventory Updates The County has updated its transportation element of the Comprehensive Plan in June of 1986. As part of that update, the planning staff examined the airports element and related documents. In reviewing the Oregon Aviation System Plan, the Airport Compatibility Planning: Recommended Guidelines and Procedures for Airport Land Use Planning and Zoning, and the individual airport master plans for both the Bend and Redmond airports, the County finds that there have been no significant changes to these plans or inventories that would affect Deschutes County. At the request of the State Aeronautics Division, the County has closed the Millican Airstrip. Due to the historic lack of use, the closure will not impact land use within the vicinity of Millican nor will it have any significant affect on the local economy. The Comprehensive Plan will be amended to state that the airstrip has been closed. (Ordinance 92-051) 5. Highway Inventory Updates The County has reviewed the 1982 through 1990 Six -Year Highway Improvement Program, and noted several proposed projects located in Deschutes County. John Holcum, who works with ODOT's regional office in Bend, confirmed that the proposed projects had been completed. The 1987 Through 1992 Six -Year Highway Improvement Program was reviewed as part of the aforementioned updated transportation plan, adopted in June of 1986. The following policy shall be added to the Highway and Roads section: Final Periodic Review Order - November 25, 1992 Page 20 1121) 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." (Ordinance 92-051) 0119-1811 6. State Highway System Preservation Report, February. 1985 The preservation report identified a section of Highway 20 east of Bend as being very poor. The State Highway Division has made the needed improvements. The two most recent inventories are the Historic and Scenic Highway Program and the Historic Highway Bridges of Oregon. These two inventories will be reviewed under the historic areas guidelines considered in Factor 2. 7. 1986 Update: Oregon Rail Plan The plan reports no changes to rail service by either the Union Pacific or Burlington Northern Railroads that would affect current levels of service. The City of Prineville Railway (COP) was reviewed because the line connects with Burlington Northern's Oregon Trunk Branch at the Prineville Junction, three miles north of the City of Redmond in Deschutes County. The COP is currently rehabilitating portions of its tracks with local Rail Service Assistance Funds. To complete the rehabilitation of the line, the COP has requested the Oregon Department of Transportation apply for another local Rail Service Assistance Grant. 8. Deschutes River Basin Plan, 1984 The Basin Plan made two significant new findings: 1) River -related recreation is important to the economy of the upper Deschutes Basin. 2) The support of resident and stocked fish is essential to river -related recreation. Deschutes County and the City of Bend completed a study of the Deschutes River Basin within Deschutes County. This study was adopted as a resource element to the respective comprehensive plans. Findings in the study concur with the two new findings of the updated basin plan; however, the study has findings which relate to the basin program's finding #30, which states, "Floods, drainage, and streambank erosion are not major problems." Final Periodic Review Order - November 25, 1992 Page 21 0119-1812 The following provisions of the Oregon Revised Statutes apply: a. ORS 543.165 - No hydroelectric facility or structure on the Deschutes River between RM 172 below Lava Island Falls and RM 227, but not including Wickiup Dam. b. ORS 543.170 - No hydro -electric facility or structure on Squaw Creek. C. ORS 543.173 - Allows hydro development within the City Limits of Bend subject to Conditional Use criteria. d. ORS 543.175 and 4 - Hydro -electric facilities pro- hibited on Tumalo Creek until January 1, 1988. When the Water Resources Commission, under the authority of ORS 536.340, undertakes a restudy of the Deschutes River Basin, the findings on pages 2 and 4 (#13) should be amended to comply with the Oregon Revised Statutes. 9. Groundwater Reports The County is not located within an area that is the subject of a critical groundwater study. The County reviewed Groundwater Report No. 31, Ground- water conditions in the Fort Rock Basin, Northern Lake County, Oregon, December 1986. This review was made because the natural flow of groundwater leaves the Fort Rock Basin by subsurface outflow to the Deschutes River Basin. This relationship is important because preliminary findings indicate that groundwater levels in the Fort Rock Basin were declining and the available groundwater supply was thought to be overdrawn. Subsequent to these findings, in March of 1984, the Department of Water Resources initiated proceedings for the determination of a critical groundwater area in the Fort Rock Basin. On March 13, 1987, the Oregon Water Resources Commission adopted a rule which limited further appropriation of groundwater until March 13, 1990. 10. Center for Population Research and Census (PSU) The 1989 Portland State University population estimate for the county was 70,600 as of July 1, 1989. The 1990 Census reported a population of 74,958 for the county and the latest Portland State University population estimate for Deschutes County is 82,600 as of November 1, 1992. The population estimate is consistent with the Final Periodic Review Order - November 25, 1992 Page 22 Comprehensive Plan. The Plan predicted a population of 128,200 for the year 2000 and it appears that the current trend in population growth corresponds to that figure. 0119-1813 11. The Oreaon 1986 Water Oualitv Proaram Assessment and Program Plan for Fiscal Year 1987 This was reviewed for new inventory information, and the County found no new information was applicable. The DEQ continues to monitor non -point source pollution in the LaPine area with management implementation planning under way. 12. Atlas of Oregon Lakes, 1985 Twenty-four lakes and reservoirs were included in the inventory. only one lake was identified for study to determine its feasibility for restoration, Mirror Pond, which is located in the City of Bend. 13. 1980 Water Table Aquifers with Sensitive Area Maps. This was reviewed, and Maggie Conley, DEQ staff person, indicated that, as of February 1987, no changes in the inventory had occurred. CONCLUSION: The Comprehensive Plan will be amended as noted above by Ordinance 92-051 to be adopted concurrently with the adoption of this Periodic Review Order. When the amendments are adopted, the County will comply with Factor One Subsection (d). Final Periodic Review Order - November 25, 1992 Page 23 SUBFACTOR ME): CONSISTENCY WITH NEW OR AMENDED STATUTES. 0119-1814 OAR 660-19-057(l)(e): Consistency of the plan and land use regulations with new or amended statutes adopted since acknowledgement. Local periodic review findings must address new statutes adopted since initial acknowledgement and explain how the plan and land use regulations continue to meet the statutory requirements. FINDINGS: The August 28, 1986, notice from DLCD listed several new or revised statutes related to land use which may apply to Des- chutes County under subfactor 1(e). These changes generally fall into three categories as follows: A. Changes in State statute which are optional at the County's discretion and not specifically mandated. B. Changes in State statute which require no changes by the County since language currently exists in the County's plans and ordinances to implement the changes. C. Changes in State statute which require amendment to County Ordinances to ensure compliance with the statu- tory changes. The Department of Land Conservation and Development has stated that, because statutes have been adopted or amended after acknowledgement of the Deschutes County Comprehensive Plan, these issues must be addressed as substantial changes in circumstance. The following are findings relating to these statutory requirements for each category stated above. Final Periodic Review Order - November 25, 1992 Page 24 A. CHANGES WHICH ARE OPTIONAL AT THE COUNTYITS DISCRETION Statute: 0119-1815 1. ORS 197.247 and ORS 215.213, 215.288, and 215.313 throuc[h 215.337, Marginal Lands. Respgns : The marginal lands statutes are optional. The County has elected not to pursue the marginal lands option. 2. ORS 215.044, For Solar Access ordinances, Purpose, Standards. Statute: ORS 215.044, establishes that counties may adopt and implement solar access ordinances. Resipons : Deschutes County has adopted and implemented solar access ordinances. These ordinances are Deschutes County ordinance Number 83-037, an amendment to the Deschutes County Zoning ordinance to provide for solar access, ordinance Number 83-038, an amendment to the Deschutes County Land Use Procedures ordinance, Ordinance 83-039, an amendment to the Deschutes County Subdivision/Partition ordinance, and Ordinance 83-041, an amendment to the Bend Urban Area Zoning ordinance. These ordinances were enacted June 1, 1983. They were reviewed by LCDC through the post -acknowledgement review process. Final Periodic Review order - November 25, 1992 Page 25 B. CHANGES IN STATUTE WHICH REQUIRE NO CHANGES BY THE COUNTY 1. ORS 197.732 establishes revised requirements for taki excr.ption to the goals. ResRgns : 0119-1816 Goal exceptions require Comprehensive Plan Amendments and Zone Changes which are handled in accordance with the County Procedures Ordinance 82-011 (Title 22). A Plan Amendment can only be granted based upon findings that it is in conformance with the LCDC goals and the County Comprehensive Plan. The revised requirements for taking an exception to the goal have been incorporated into Goal 2, and the Goal 2 rule (OAR 660-04-000). Also, all exceptions and Plan Amendments are subject to post -acknowledgement review by the LCDC. For these reasons, the current County processes are in conformance with ORS 197.732. 2. ORS 215.110, Reco=endation of Ordinances to Imlement Plan, Content, Enactments, Referral. Retro-activi Prohibited. Resipons : ORS 215.110 establishes the parameters of ordinances which a planning commission may recommend to a governing body and governing body may enact. The enactment of such new ordinances are a legislative function and are reviewed individually through the legislative process. Conformance with State statutes is considered in any report from the Planning Division and County Legal Counsel's office to the governing body. Such reports are made for each ordinance relating to land use actions considered by Deschutes County. For these reasons, the County meets these statutory requirements. 3. ORS 215.170, Authorities of Cities on Incoriporated Area. ResRqns : ORS 215.170 establishes the powers of an incorporated city to control subdividing and partitioning of unincorporated land and other requirements. The County has adopted a Subdivision/Partition Ordinance (Title 17) for 'the unincorporated areas of the County. The County and the three incorporated cites, Bend, Redmond and Sisters, have management agreements to control land divisions on unincorporated lands within urban growth boundaries. Final Periodic Review Order - November 25, 1992 Page 26 4. ORS 215.185. Reinedies for Unlawful Structures or Land Use. Respons : 0119-1817 ORS 215.185 establishes remedies for violations of local County Land Use Laws. The County Infractions ordinance, Ordinance Nos. 86-049, 86-051, 86-060, 86-063, 86-066, 86-068, 86-069, 86-071, 86-072, 86-073, 85-075, 86-076, 86-077, 87-001, 87-003, 87-004, 87-005, 87-006, 87-007 and 87-014 conform with the requirements of this statute. 5. ORS 215.233, Validity of Ordinances and DeveloiDnent Patterns Adopted Before September 2. 1983. Requirement: ORS 215.233 requires that County Ordinances not impair the validity of ordinances enacted prior to September 2, 1963. No land use regulations were enacted by the County prior to September 2, 1963. This section also requires that all development patterns made and adopted prior to that time shall be deemed to meet the requirements of ORS 215.010, 215.030, 215.050, 215.060, 215.110 to 215.213, 215.223, and 215.233 con- cerning Comprehensive Plans. Respons : Title 18.08.020 states: "This Ordinance does not repeal, abrogate or impair any existing easement, covenants, deed restrictions, or zoning permits, such as preliminary plat and partition approvals, conditional use permits, nonconforming use permits, temporary use permits, special exceptions, or building permits." County Ordinance 87-015 and 88-009 amend PL -15 to establish lot of record standards and adopts certain standards for the use of non -conforming lots. These sections of the County Zoning Ordinance ensure that development patterns adopted before September 2, 1963, are recognized and not unduly impaired by County Land Use Regulations. Final Periodic Review Order - November 25, 1992 Page 27 6. ORS 215.422. Review of Decision of Hearings -Officer or Other Authority; Notice of Aippeal; Establishment of Fees; Appeal of Final Decision. 0119-1818 Requirement: ORS 215.422 establishes procedures and regulations relating to appeals of County decisions, establishment of fees! and ex -parte contacts. Resppns : The requirements of ORS 215.422 are implemented by the County Procedures Ordinance 82-011 (Title 22) which was adopted on August 3, 1982, and amended by Ordinances 88-005 and 91-013. Reguirement: ORS 215.422(1) (a) land use decision t ning body, and these review the action. for an appeal or governing body, but to be filed less t governing body mails ResRgns : allows that any party may appeal a o the Planning Commission or gover- bodies may, each on its own motion, The procedure and type of hearing review shall be prescribed by the shall not require notice of appeal han seven days after the date the or delivers the decision. Section 21 of Title 22 allows review of an administrative action or Hearings Officer's decision to be initiated by not less than two members of the Planning Commission or the Board of Commissioners. This section also allows appeal by a party of an adverse decision. (The review or appeal must be initiated within ten days of the date of mailing of the final written decision.) Section 24 of Title 22 states that all hearings shall be de novo and that redundant evidence shall not be allowed. Requirement: ORS 215.422(l)(b) allows the governing body to consider the Hearings Officer's decision as the final determi- nation of the County. Resipons : Section 22 of Title 22 allows appeal of the Hearings Officer's decision. Final Periodic Review Order - November 25, 1992 Page 28 Requirement: 0119-1819 ORS 215.422 (1)(c) allows that the governing body may prescribe fees by ordinance regulation to cover the costs incurred in acting on an appeal. Respons : The Board of County Commissioners reviews fees each year and establishes fees to cover costs for processing land use actions, including appeal, based upon the average cost of processing such permits. Section 23 of Title 22 (as amended) requires that the appellant prepare the written transcript of the hearing on appeal. Recruirement: ORS 215.422(2) allows that an aggrieved party may have the final decision reviewed by the Land Use Board of Appeals (LUBA) in accordance with ORS 197.830 to 197.845. Resipons : The County is required to, and does, adhere to these requirements for any appeal. The County cannot establish procedures beyond the County process. Requirement: ORS 215.422(3) establishes standards relating to an ex - parte contact. Respons : Section 14 of County Title 22 (as amended) prohibits the Hearings Body from communication with any party or his representative in connection with any issue involved in a hearing, except upon notice and opportunity for all parties to participate. Section 14 also requires that all prehearing contacts be disclosed. Section 15 allows for challenges of the qualification of the Hearings Body or member thereof for bias, prejudgment, or personal interest, and sets procedures for disqualification. Based upon the above findings, the relevant sections of ORS 215.422 are currently implemented by County Ordinances. Final Periodic Review Order - November 25, 1992 Page 29 7. ORS 215.428. Final Action on Permit or Zone Chang Application Reauired Within 120 Day Requirement: 0119-1820 ORS 215.428 requires that the final action on a land use application is required within 120 days. Respons : County Ordinance 88-005 Section 4, implements the 120 -day requirement. 8. QRS 197.015(17) defines wetland. Respons : Ordinance 86-056 adopted a definition of wetlands as follows: "Those areas that are inundated or saturated by surface or ground water at a frequency or duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include swamps, marshes, bogs and other similar areas." Ordinance 92-041 adopted the Federal National Wetlands inventory maps as the inventory of County Wetlands. Final Periodic Review Order - November 25, 1992 Page 30 C. CHANGES IN STATUTE WHICH REQUIRE TO COUNTY ORDINANCES. 0119-1821 1. ORS 215.223, Procedure for AdoptiLng zoning ordinances; Notice. Requirement: ORS 215.223(l) requires that no Zoning Ordinance enacted by the County may have legal effect unless, prior to its enactment, one or more public hearings are held and at least ten days advance public notice for each hearing is published in a newspaper of general circulation. Respons : Title 22, the Deschutes County Development Procedures Ordinance, as amended, establishes procedures for all land use actions in the County. Section 8(4) of this Title specifies notice requirements which meet all statutory notice requirements. Reguirement: ORS 215.223(3) requires that quasi-judicial Zone Changes require notice to individual property owners of record within 250 feet of the property for which the Zone Change has been requested. Respons : Section 7(1)(c) of Title 22, as amended, requires that all owners of property located within 250 feet of the property which is subject to a Plan Amendment or Zone Change shall receive notice. Reguirement: ORS 215.223 requires that before enacting an Ordinance which would change the zone on property which includes all or part of a mobile home park, the governing body shall given written notice to each tenant of the mobile home park at.least 20 days, but not more than 40 days, before the date of the first hearing on the Ordinance. Respons : Section 7 of Title 22, as amended, establishes a requirement for notice of a rezoning of any part or all of a mobile home park to the tenants of the mobile home park by first class mail, at least twenty (20) days, but no more than 40 days, before the date of the first hearing on the proposed rezoning of the property. Final Periodic Review Order - November 25, 1992 Page 31 This meets the requirements of ORS 215.223 for notice to tenants of mobile home parks. 0119-1822 2. SB 358, 1989 Oregon Laws. ChMter 722 relating t Subdivisions and Partitions. Requirements: ORS 92.044 requires that the governing body adopt standards and procedures for the submission and approval of plats of Major Partitions and for the submission of approval of Minor Partitions in Farm Zones. It also provides that such standards and procedures include a provision notifying the applicant that a statement of water rights must be attached to a Subdivision or Par- tition Plat. Resmns; Since 1979, Deschutes County has required that all partitions within the County be subject to an approval process, even though they are not required to be approved by State Law. Following enactment of SB 358, Deschutes County extensively revised its Subdivision and Subdivision and Partition applications and the approval of Subdivision and Partition Plats, recognizing that SB 358 had made Partition Plats subject to most of the same requirements to which Subdivision Plats were subject. Title 17, the County Land Partition and Subdivision Ordinance, regulates partitions and subdivisions. Sections 17.24.010 through 17.24.170 sets forth the process for review, approval and recording of Partition Plats. (See attached Deschutes County Ordinance No. 90-003.) Ordinance No. 90-003 added a new Section 17.12.080 requiring that all applicants for a subdivision or partition be informed by the Planning Director or his designee of the requirements to file a statement of water rights with the Oregon Department of Water Resources. Reguirement: ORS 92.050 placed certain requirements on Partition Plats before they can be submitted for recording and also adds certain new requirements concerning the content of both Subdivision and Partition Plats, including the display of easements on recorded plats, the display of lot or parcel numbers on Subdivision and Partition Plats and the display of additional survey information on Subdivision and Partition Plats. Final Periodic Review Order - November 25, 1992 Page 32 Respons : 0119-1823 Title 17.24.050(H), as amended by Ordinance No. 90-003, sets forth the new easement display requirement. Section 17.24.050(K), as amended by Ordinance No. 90-003, sets forth the requirement that parcels in Partition Plats be numbered. Section 17.24.050, as amended by Ordinance No. 90-003, states that any final Subdivision or Partition Plat must meet the survey and monumentation requirements of ORS Chapter 92. Reqgirezent: ORS 92.060 sets forth additional survey and monu- mentation requirements for Partitions and subdivisions. RegMns : Title 17.24.050, sets forth requirements that are consistent with ORS 92.060. Be ggirement: ORS 92.100 requires that before a Partition Plat can be recorded, it must be reviewed and approved by the County Surveyor. Respons : Title 17.24.070, as amended by Ordinance No. 90-003, requires that Partition Plats be reviewed by the County Surveyor for conformance with the requirements of ORS Chapter 92. Requirement: ORS 92.105 requires that all partitions, including Minor Partitions, be subject to the 120 -day time limit of ORS 215.428. ResRqns : The Deschutes County Development Procedures Ordinance (Title 22) requires under Section 4(1) as follows: "Except as otherwise provided, the Board of County Commissioners shall take final action on a land use permit within 120 days after the application is deemed complete." Under Section 2 of Ordinance No. 82-011, a land use permit is defined to include a partition. Final Periodic Review Order - November 25, 1992 Page 33 Reguirement: 0119-1824 ORS 92.120 requires that Partition Plats be recorded in the County Real Property Records and requires that a copy be filed with the County Surveyor. Respons : Title 17.24.120, as amended by Ordinance No. 90-003, requires that all plats be recorded and requires that two additional mylar copies be presented, including one to be filed with the Surveyor's Office. 3. 1989 Oregon laws, Chapter 761 - Conduct of Local Ouasi-Judicial Land Use Hearings. Requirement: ORS 197.763(l) requires that local Zoning Ordinances provide that an issue that may be the basis for an appeal to the Board be raised not later than the close of the record at or following the final evidentiary hearing on the proposal before the County. It further provides that such issues must be raised with sufficient specificity so as to afford the governing body, Planning Commission, Hearings Body or Hearings Officer and the parties an adequate opportunity to respond to each issue. Regpons : Title 22.12.050(l)(G) as amended by Ordinance No. 90-007, states: "All mailed notices of hearings of application subject to administrative action shall: ... (G) state that failure to raise an issue in person or in writing precludes an appeal to LUBA by that person, and that failure to provide sufficient specificity to afford the decision -maker an opportunity to respond to the issue precludes appeal based on that issue." Reguirement: HB 2288 revised the definition of land use decision under ORS 197.013(10). Response: Title 22.04.020 contains the following definitions of "development actions", "land use actions", and "land use permit". These definitions comply with ORS 197.013(10). Final Periodic Review Order - November 25, 1992 Page 34 Rectuirement: 0119-1825 ORS 97.763(2) requires that notice of hearings be provided to the applicant and to owners of record of property on the most recent property tax assessment roll where such property is located: (A) within 100 feet of the property which is the subject of the notice where the subject property is wholly or in part within an Urban Growth Boundary: (B) within 250 feet of the property which is the subject of the notice where the subject property is outside an Urban Growth Boundary and not within a Farm or Forest Zone; or (C) within 500 feet of the property which is the subject of the notice where the subject property is within a Farm or Forest Zone. Respons : Title 22.24.03(l), Notice of Hearing or Administrative Action, as amended by Ordinance No. 90-007, states: Ill. Individual Notice. A. Except as otherwise provided for herein, notice of an application for a land use permit, other than a utility facility line, shall be mailed at least ten days prior to the hearings for those matters set for hearing, or within ten days after receipt of a complete application for administrative action. Written notice shall be sent by mail to the following persons: (1). The applicant (2). The owners of record of property on the most recent property tax assessment roll where such property is located: a. within 100 feet of the subject property that is the subject of the notice where the subject property is wholly or in part within an Urban Growth Boundary; b. within 250 feet of the the subject of the subject property is Growth Boundary and not Forest Zone; or C. within 500 feet of the the subject of the subject property is Forest Zone." property which is notice where the outside an Urban within a Farm or property which is notice where the within a Farm or Final Periodic Review Order - November 25, 1992 Page 35 Requirement: ORS 197.763(3) for notice to section. Respons; : 0119-1826 sets forth certain content requirements parties entitled to notice under that Title 22.24.040(l) as set forth below satisfies ORS 197.763(f) with respect to date of mailing in that the Deschutes County Development Procedures Ordinance allows two or more evidentiary hearings. ORS 197.763(e) is satisfied by Section 22.24.040(l)(G) as set forth below. The remainder of the requirements of ORS 197.763(3) are satisfied by the provisions of section 22.24.040, "Contents of Notice", as amended by Ordinance 90-007, set forth below: "SECTION 22.24.040. CONTENTS OF NOTICE. 1. All mailed notices of a hearing or applications subject to administrative decision shall: A. Describe the nature of the applicant's request and the nature of the proposed uses that could be authorized. B. Describe in general terms the standards and criteria applicable from the Deschutes County Comprehensive Plan and implementing ordinances known to apply to the application at issue. C. Set forth the street address or easily understood geographical reference to the subject property. D. State the date, time and location of the hearing or date by which written comments must be received. E. State that any person may comment in writing and include a general explanation of the requirements for submission of testimony and the procedures for conduct of testimony. F. If a hearing is to be held, state that any interested person may appear. G. State that failure to raise an issue in person or in writing precludes appeal by that person, and that failure to provide sufficient specificity to afford the decision -maker an opportunity to respond to the issue precludes appeal to LUBA based on that issue. Final Periodic Review Order - November 25, 1992 Page 36 0119-1827 H. State the name of a County representative to contact and the telephone number where additional information may be obtained. I. State that a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost. J. State that a copy of the Staff Report will be available for inspection at no cost at least 15 days prior to the hearing and will be provided at reasonable cost. K. All mailed notices shall contain the following statement: 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. 2. All mailed and published notices for hearings shall contain a statement that recipients may request a copy of the Staff Report." Reguirexent: ORS 197.763(4)(a) requires that all documents and evidence to be relied upon by the applicants shall be submitted when the notice of the hearing is provided. Failure to timely submit such testimony shall be cause for granting of a continuance. Respons : Title 22.20.060, Title 22.24.130, 90-007 meet these Requirement: "Application and Supporting Documents", and "Continuances"', as amended by Ordinance requirements. ORS 197.763(5) requires that at the hearing, a statement shall be made that lists the applicable decision criteria, states that testimony be directed toward those criteria and that failure to raise an issue with sufficient specificity precludes appeal to LUBA on that issue. Respons : This requirement is met by subpart (5) of Title 22.24.120 of the Deschutes County Development Procedures Ordinance, set forth by Ordinance 90-007. That subsection reads as follows: 115. The Hearings Body shall list applicable substantive Final Periodic Review Order - November 25, 1992 Page 37 0119-1828 criteria, explain that testimony and evidence must be directed toward that criteria or other criteria in the comprehensive plan or land use regulations that the person believes to apply to the decisions, and that failure to address an issue with sufficient specificity to afford the decisions -maker and the parties an opportunity to respond precludes appeal to LUBA based on that issue." Requirement: ORS 197.763(6) requires that if a participant requests, the record shall remain open for at least seven days after the close of the evidentiary hearing. Respons : Title 22.24.130 "Continuances" and Section 22.24.140 "Close of the Record" of the Deschutes County Development Procedures Ordinance as set forth by Ordinance 90-007, satisfy this requirement. Egggirement: ORS 197.763(8) states that failure of a property owner to receive notice shall not invalidate a proceeding if notice was given. Resipons : This requirement is satisfied by Title 22.24.030(C) as set forth by Ordinance 90-007, of Deschutes County Development Procedures Ordinance. 4. QRS 215.448, Home occuipations: Where Allowed: Conditions; Annual Review of Permits. Requirement: ORS 215.448 was amended in 1983 to redefine and broaden the types of uses considered as home occupations in any zone. Resmns : This section appears to be optional except that it requires the governing body of a county to review a permit allowing a home occupation every 12 months following the date a permit is issued to ensure that it complies with the requirements of its approval. The County has considered the revised language of ORS 215.448 and decided to adopt new standards more consistent with this section with the exception of subsection (1)(b), which states, "Will employ no more than five full or part-time persons." Final Periodic Review Order - November 25, 1992 Page 38 0119-1829 40 The County finds that the five or fewer full or part-time provision is a significant departure from the current home occupation standards in the County and could create a significant impact on surrounding land uses. The conditions of approval for a home occupation in Title 18 have been amended by Ordinance 91-038 as follows: "When permitted as a Conditional Use and conducted as an accessory use, home occupations shall be subject to the following limitations: (A) The home occupation is to be secondary to the outright uses permitted in the zone in which the property is located and shall be conducted only by members of the family occupying the residence on the property and shall be conducted within the dwelling or other buildings normally associated with permitted uses in the zone in which the property is located. (B) No structural alterations shall be allowed to accommodate the home occupation except when otherwise required by law, and then only after the plans for such alterations have been reviewed and approved by the Planning Division. Such structural alterations shall not detract from the outward appearance of the building as a dwelling or an accessory structure associated with uses permitted in the zone. (C) The subject property shall have adequate access and parking for the subject use. The access and parking for vehicles involved with the business or customers of the business shall not be of a number and frequency as to cause disturbances or inconvenience to nearby land uses. (D) All uses conducted on the subject property shall comply with all requirements of the Deschutes County Building Safety Division and Environmental Health Division and any other applicable state or federal laws. (E) The home occupation shall be reviewed every 12 months by the Deschutes County Planning Division to ensure that the home occupation complies with the requirements of this section and the conditions required for approval of the use. (F) No materials or mechanical equipment shall be used which will be detrimental to the residential use of the property or adjoining residences because of vibration, noise, dust, smoke, odor, interference with radio or television reception or other factors." Final Periodic Review Order - November 25, 1992 Page 39 0119-1830 5. ORS 215.130. Application of Ordinances: Alteration of Nonconforming Use. Requirement: ORS 215.130(2) through (4) require that ordinances relating to land use be designed to carry out the Comprehensive Plan, which apply to all lands outside of a city within a county. These ordinances must also apply to publicly -owned property. Resvons : All areas of the County, including public land, outside of the boundaries of a city are zoned and subject to specific land use regulations contained in the County's ordinances. No change in County ordinances is required to satisfy these requirements because no substantive changes have been made to this section since the adoption of County land use regulations. Requirement: ORS 215.130(5) through (9) relate to nonconforming uses. Since the adoption of PL -15, this section of ORS has been amended. The amended sections include: "(a) Allowing the restoration or replacement of a non- conforming use which is made necessary by fire or other natural disaster. Restoration or replacement must be started within one year from the occurrence of the fire or natural disaster. (b) Any proposal for alteration of a non -conforming use, under the revised statute, is required to be a contested case under ORS 215.402, subject to such procedures as the governing body may prescribe under ORS 215.402. (c) Alteration of a nonconforming use is defined and the limits of the alteration are specified by the revised statute." Respons : Ordinance 91-038 amended the Section of PL -15 regarding non -conforming uses. This amendment is incorporated as Section 18.120.010 of Title 18 and conforms with ORS 215.130. 6. House Bill 12289 amended ORS 197 and reDealed ORS 443.510 through 443.640 enacting State-wide Rplicy relating to the elderly and handicapped Dersons. Final Periodic Review Order - November 25, 1992 Page 40 Requirement: 0119-1831 This amendment relates to the siting of residential facilities for the elderly and handicapped, and prohibits counties from treating such applications in a manner different from the residential uses. Section 2 of HB #2289 establishes definitions for "residential facility" and "residential home". A residential facility is defined as: "A facility licensed by or under the authority of the Department of Human Resources under ORS 443.400 to 443.460 as one which provides residential care along or in conjunction with treatment or training or a combination thereof for six or more individuals who need not be related. Staff persons required to meet Department of Human Resources licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential facility." A residential home is defined as: "A home licensed by or under the authority of the Department of Human Resources under ORS 443.400 to 443.825 which provides residential care alone or in conjunction with treatment or training or a combination thereof for five or fewer individuals who need not be related. Staff persons required to meet Department of Human Resources licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential home." Residential homes are facilities that house five or fewer individuals who need not be related, and are similar to normal residential uses and should be com- patible in residential areas. Residential facilities that house more than five persons may be appropriate in rural residential zones subject to certain standards. Resipons : Definitions corresponding to the Statutory definition for residential facility and residential home have been added to Title 18 by the adoption of Ordinance 91-038. Requirement: ORS 197.665 requires that the County shall not impose any zoning requirement on the establishment and main- tenance of a residential home in any residential zone that is more restrictive than a zoning requirement imposed on a single-family dwelling in the same zone. Final Periodic Review Order - November 25, 1992 Page 41 Respons : 0119-1832 The definition of family has been amended in Title 18.040.030, and will allow "residential homes" in any single-family dwelling as an outright use. The following definition was added to Title 18.04.030 by Ordinance 91-038: "Residential Home. A home licensed by or under the authority of the Department of Human Resources which provides residential care alone or in conjunction with treatment or training or a combination thereof for five or fewer individuals who need not be related. Staff persons required to meet Department of Human Resources licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential home." Reauirement: ORS 197.667 as amended by HB 2289 requires that a resi- dential facility shall be a conditional use in any zone where multi -family residential uses are a conditional use. Resipons Title 18.116.210 permits residential homes and residential facilities in the same manner as single family dwellings in any zone. 7. QRS 215.236 establishes the requirements for disaualification of qMcial tax assessinent for nonfarm dwellincts. Respons : Title 18.16.050(E)(c) and (d) as adopted by Ordinance 91-038 comply with the requirements of ORS 215.236. 8. DLCD has stated that the decisions in 1,000 Friends of Orggon v LCDC (Lane County). 305 OR 384, 752, P26, 271 (1988) (Lane County), and 1,000 Friends of Orggon v LCDC (Curry County). 301 OR 447, 724, P2d, 268 (1986) ( County) are substantial QL4Mes in Circuinstances MRS 197.640(3)(a) that a County must consider duri Periodic Review. Respons : The County seeks to defer these requirements until such time as LCDC clearly defines Urban and Rural Land Uses. Final Periodic Review Order - November 25, 1992 Page 42 CONCLUSION: 0119-1833 The County has evaluated each State statute since the acknowledgement of the County Comprehensive Plan. The Rural/Urban issues are being deferred until LCDC clearly defines urban and rural uses. All other changes have been addressed and findings made as to whether plan or regulation amendments are necessary to attain compliance with the statutory requirements. All necessary amendments have been made to the County Plan and implementing ordinances. For these reasons the County has complied with Subfactor One E. Final Periodic Review Order - November 25, 1992 Page 43 0119-1834 FACTOR 2 NEW OR AMENDED GOALS OR RULES ADOPTED SINCE THE DATE OF ACXNOWLEDG303NT OAR 660-19-055(2)(b): Previously acknowledged provisions of the Comprehensive Plan or Land Use Regulations do not comply with the Goals because of Goals subsequently adopted or statewide land use policies adopted as rules interpreting goals under ORS 197.040. Findi The following are new and amended goals and rules applicable to the County after acknowledgment: GOALS GOAL 2 AMENDMENT, ORS 197.732 AND GOAL 2 RULE (OAR 660, DIVISION 4) The Deschutes County Year 2000 Comprehensive Plan set out procedures for the methodology used to establish the exceptions areas. These procedures met the State standards in effect at the time for establishing exceptions areas. The plan does not contain conflicting information about the exceptions standards or process. The information is not out of date, as these areas continue to be excepted areas, and development on them is prescribed by the Plan and imple- menting Zoning Ordinance. The total area excepted was 41,556 acres. These lands were considered residentially developed, committed to development or needed for Rural Service Centers. The County's purpose was to recognize that which exists, while attempting to foster an efficient and equitable plan for County's growth. The County is not proposing any new or amended exceptions at this time. There are no conflicting standards in the Plan or Land Use Regulations. Therefore, the County concludes that the requirements of the amended Goal 2, the Goal 2 Rule and ORS 197.732 do not require changes to the County's Plan or Regulations. Final Periodic Review Order - November 25, 1992 Page 44 COAL 3 ADMINISTRATIVE R= (0" 660 DWISION -a 0119-1835 Concurrently with the adoption of this periodic review order Deschutes County is adopting the following ordinances to comply with OAR 660, Division 5. Ordinance No. 92-062 - Amending Deschutes County Year 2000 Comprehensive Plan Goals and Policies for agricultural lands. Ordinance No. 92-063 - Amending the Agricultural Lands Section of the Deschutes County Year 2000 comprehensive Plan Resource Element. Ordinance No. 92-064 - Amending County EFU zoning maps to adopt EFU subzones. Ordinance No. 92-065 - Amending Chapter 18.16 of the Deschutes County code, Exclusive Farm Use Zones. The county contracted Dr. James Pease from Oregon State University to conduct a study of commercial agriculture in Deschutes County to assist the county in complying with the requirements of OAR 660, Division 5. Dr. Pease was assisted by a local technical advisory committee appointed by the Board of commissioners. The committee and Dr. Pease submitted the results of the study with recommendations on new EFU subzone boundaries and standards for land divisions and dwelling approval in each subzone to the Planning Commission. The Planning Commission conducted public hearings and work sessions and made a recommendation to the Board of County Commissioners. The Board of County Commissioners conducted public hearings made findings supporting their decision to adopt the amendments to the comprehensive plan, zoning ordinance and maps. Final Periodic Review Order - November 25, 1992 Page 45 0119-1836 GOAL 4 CHAPTER 660, DIVISION 6) Deschutes County adopted the following ordinances to comply with the provisions of the amended Goal 4 and the Goal 4 administrative rule: Ordinance No. 92-024 - Amending PL -20, Deschutes County Year 2000 Comprehensive Plan, to adopt text, goals and policies concerning forest lands. Ordinance No. 92-025 - Amending Title 18 of the Deschutes County Code to implement the LCDC Forest Rule. Ordinance No. 92-026 - Amending Title 18 of the Deschutes County Code to amend the zoning maps for forest lands. Ordinance No. 92-029 - Amending PL -20, Deschutes County Year 2000 Comprehensive Plan, to amend goals and policies regarding the siting of destination resorts on forest lands. Ordinance No. 92-030 - Amending PL -20, Deschutes County Year 2000 Comprehensive Plan, to amend the map allowing for the siting of destination resorts on certain forest zoned lands in Deschutes County. Ordinance No. 92-031 - Amending Title 18 of the Deschutes County Code to amend zoning maps for destination resorts on forest lands. Ordinance No. 92-032 - Amending Title 18 of the Deschutes County Code regarding the siting standards for destination resorts on forest lands. Final Periodic Review order - November 25, 1992 Page 46 0119-1837 GOAL 5 - OPEN SPACESINATURAL RESOURCES RULE (OAR CHAPTER 660, DIVISION 16) Deschutes County's plan was acknowledged prior to the adoption of the Goal 5 rule. The Comprehensive Plan inventoried Goal 5 resources but no ESEE analysis in compliance with OAR 660-16 was done. The Deschutes County Comprehensive Plan cites on pages 123 through 126 numerous Goals and Policies establishing that a major factor in the local economy and a basic reason for much of the population growth are the desirable scenic and natural environmental qualities of the County. The plan states that open spaces include not only parks, but also agricultural, forested, natural areas, mining sites and historical areas, as well as scenic waterways and other locations of unique scenic, environmental, social or cultural character. Deschutes County's Zoning Ordinance (Title 18), establishes zones which protect Goal 5 resources. Open Space and Conservation Zone (Title 18.48) Landscape Management Combining Zone (Title 18.84) Wildlife Area Combining Zone (Title 18.88) Sensitive Bird and Mammal Combining Zone (Title 18.90) Surface Mining Zone (Title 18.52) surface Mining Impact Area Combining Zone (Title 18.56) Other zones also protect natural resource values. These include the forest zones (F1 and F2), EFU zones (EFU-20, EFU-40, EFU-80 and EFU-320) and the Flood Plain Zone (Title 18.96). The County has identified the following Goal 5 resources: (A) Areas of Special Concern (B) Ecologically and Scientifically Significant Natural Areas (C) Land Needed and Desireable for Open space and scenic Area (D) Fish Habitat (E) Wilderness Areas (F) State and Federal Wild and Scenic Rivers (G) Energy Sources (H) Potential and Approved Oregon Recreation Trails (I) Wildlife Areas and Habitats (J) Historic Resources (K) Aggregate and Mineral Resources The following findings describe how the County has complied with OAR 660-16 for the Goal 5 resources listed above. Final Periodic Review order - November 25, 1992 Page 47 (A) AREAS OF SPECIAL CONCERN 0119-1838 The Resource Element of the Deschutes County Year 2000 Comprehensive Plan identified 69 sites as Open Spaces and Areas of Special Concern. For the purposes of complying with OAR 66-16-000 the county has reviewed this inventory and concurrent with the adoption of this periodic review order will be adopting Ordinance 92-052 which deletes the list and map of Open Spaces and Areas of Special Concern and amends the Resource Element to include revised inventories for Areas of Special Concern. Table 1, 111B11 Areas of Special Concern, lists the inventory of sites identified as Areas of Special Concern with insufficient information to complete the Goal 5 ESEE analysis. Table 2 lists the inventory of 112A11 Areas of Special Concern which are located on federal land. The identification numbers (IDI) in the following tables refer to the site numbers listed on the list and map of open Spaces and Areas of Special Concern in the Resource Element of the Comprehensive Plan (page 107 - 108). The areas listed in Tables 1 and 2 are identified with the following codes which describe their significance. S ............ Scenic * ............ Geologic * ............ Vegetative Community * ............ Archaeologic WF ........... Waterfall USF .......... Unique Scientific Facility R&EV ......... Rare and Endangered Vegetation NM ........... National Monument OSC .......... Open Space Conservation Zone TABLE I NIB" AREAS OF SPECIAL CONCERN TYPE ID NAME OF AREA LOCATION 1. Crooked River Gorge S, N, G T14S R13E SEC 3, 10, 11 & 13 3. Pringle Falls WF, S T21S R09E NE 1/4 SEC 23 RIVERMILE 217 22. Spring River Area W T20S R10E SEC 1 23. Redmond Caves A, G T15S R13E S 1/2 SEC 21 N 1/2 SEC 28 24. Cline Buttes S, V T15S R13E N 1/2 SEC 28 SW 1/4 SEC 21 25. Brown's Creek Inholding S, V T21S R08E N 1/2 SEC 31 N 1/2 SEC 32 Final Periodic Review Order - November 25, 1992 Page 48 TABLE I - Continued "ILBN AREAS OF SPECIAL CONCERN 099 TYPE ID NAME OF AREA LOCATION 26. Wildhaven S N T14S R10E SEC 14 USF 13. 27. Glaze Meadow S, V T14S R09E S 1/2 SEC 15 S, G 16. Skeleton Cave S, G, OSC N 1/2 SEC 22 29. Big Falls WF WF, T14S R12E NW 1/3 SEC 09 34. Pringle Falls RIVER MILE 132.2 30. Odin Falls WF T14S R12E SE 1/4 SEC 26 Lavacicle Cave S, G, OSC 50. Lava Cast Forest RIVER MILE 140 59. Hampton Area S, V T22S R21E SEC 18 61. Mouth of Pictograph Cave S, V T19S R13E SE 1/4 SEC 14 62. The Rock S, V T21S R10E SEC 6 63. Wickiup Junction S, V T21S R10E SEC 36 67. Skylight Cave S, G T14S R09E NWINW SEC 19 70. High Desert Museum USF, OSC T18S R12E SW 1/4 SEC 31 TABLE 2 "2A" AREAS OF SPECIAL CONCERN TYPE ID NAME OF AREA LOCATION 9. Bachelor Butte S, N 11. Pine Mt. observatory S, USF 13. Dry River S, G 14. Arnold Ice Caves S, G 15. Charcoal Cave S, G 16. Skeleton Cave S, G, OSC 17. wind Cave S, G, OSC 31. Tumalo Falls WF, OSC 33. Lava River Caves S, G 34. Pringle Falls Experimental Forest V 39. Benham Falls WF 45. Paulina Mt. NM, OSC 49. Lavacicle Cave S, G, OSC 50. Lava Cast Forest S, G, NM 51. Lava Butte T18S R09E SEC 29-32 T20S R15E SEC 33 T19S R15E SEC 19 & 30 T19S R14E SEC 2, 11, 13 14 & 24 T19S R13E SEC 22 T19S R13E SEC 22 T19S R13E SESE SEC 4 T19S R13E NW 1/4 SEC 23 SW 1/4 SEC 14 T18S R10E NW 1/4 SEC 08 T19S R11E SE 1/4 SEC 26 T21S R09E SEC 21-23, 27 & 28 T19S R11E SW 1/4 SEC 9 T22S R12E SEC 1-3 & 10-12 T22S R16E SENE SEC 05 T20S R12E SEC 15, 16, 21 22, 27-35 Geologic Area NM, OSC T19S R11E SEC 18 52. Pine Mountain North Slope S, V T20S R15E SEC 28, 29 & 33 54. McKenzie Summit S, G, OSC T15S R07E SEC 17 Final Periodic Review Order - November 25, 1992 Page 49 TABLE 2 - Continued "2AN AREAS OF SPECIAL CONCERN 0119-1,S4fl TYPE ID NAME OF AREA LOCATION 55. Newberry Crater NM, OSC T21S R12E SEC 34-36 T21S R13E SEC 28-33 65. Bend Watershed S, G T17S R09E SEC 35 & 36 T18S R09E SEC 1, 2, 3, 10, 11 & 12 66. Bat Cave S, G T19S R13E SE 1/4 SEC 14 68. Boyd Cave S, G T19S R13E SENW SEC 8 69. Frederick Butte S, G T22S R19E SEC 32 Table 3 lists the Areas of Special Concern which have been deleted from the inventory because they have been inventoried as other Goal 5 resources. The following discussion explains why the areas were deleted from the inventory of Areas of Special Concern. TABLE 3 AREAS OF SPECIAL CONCERN INVENTORIED AS OTHER GOAL 5 RESOURCES INVENTORIED AS OTHER GOAL 5 ID NAME RESOURCE 2. 4. 7. 8. 10. 18. 19. 20. 21. 28. 35. 36. 37. 38. 40. 41. 42. 43. 44. Pilot Butte Pumice Area Three Sisters Mt. Broken Top Mt. High Mt. Lakes Davis Lake Area Smith Rock Rock Mesa Holmes Ranch Little Deschutes/ Deschutes Confluence Pringle Falls Research Natural Area Horse Ridge Research Natural Area Bench Mark Butte Elk Lake Little Cultus Lake Bates Butte North Wickiup South Wickiup Res. Little Deschutes River Open Space, State Park Wilderness Area Wilderness Area Wilderness Area Wilderness Area Wildlife, Sensitive Birds Open Space, State Park Wilderness Area Wildlife, Sensitive Birds Natural Area, Scenic River Natural Area Natural Area Wildlife, Sensitive Birds Wildlife, Sensitive Birds Wildlife, Sensitive Birds Wildlife, Sensitive Birds Wildlife, Sensitive Birds Wildlife, Sensitive Birds Open Space, Landscape Mqmt Final Periodic Review order - November 25, 1992 Page 50 0119-1841 TABLE 3 - Continued AREAS OF SPECIAL CONCERN INVENTORIED As OTHER GOAL 5 RESOURCES INVENTORIED AS OTHER GOAL 5 ID NAME RESOURCE 46. Crane Prairie Res. Wildlife, Sensitive Birds Wilderness Area Wilderness Area Wildlife, Sensitive Birds Natural Area Open Space, State Park Natural Area Wildlife, Sensitive Birds Wildlife, Sensitive Mammal Open Space, State Park Sites Number 18, 21, 37, 38, 40, 41, 42, 43, 46, 53, and 60 have been dropped from the Areas of Special Concern inventory because they were originally identified as rare and endangered bird sites. The County, with the cooperation of the Oregon Department of Fish and Wildlife, reinventoried all the known sensitive and rare and endangered bird sites and a new inventory and ESEE analysis was adopted by Ordinance 92-041. The measure to implement the ESEE decision on the sensitive and endangered bird sites, the Sensitive Bird and Mammal Habitat Combining Zone, was adopted by Ordinance 92-042. Sites Number 4, 7, 8, 10, 20, 47 and 48 have been deleted from the inventory because they are inventoried as wilderness areas or are included in a designated wilderness area. See the Wilderness section of this periodic review order for findings and Ordinance 92-052 for the Goal 5 ESEE analysis and decision for the wilderness resource. Sites Number 28, 35, 36, 56 and 58 have been deleted from the inventory because they are inventoried as Ecologically and Scientifically Significant Natural Areas. See the Ecologically and Scientifically Significant Natural Areas section of this periodic review order for findings and Ordinance 92-052 for the Goal 5 ESEE analysis and decision for the ecologically and scientifically significant natural areas. Final Periodic Review Order - November 25, 1992 Page 51 Osprey Mgmt Area 47. Three Sisters Wilderness 48. Mt. Washington Wilderness 53. Brothers Area 56. West Hampton Butte 57. LaPine State Rec Area 58. Torry -Charlton Proposed Research Natural Area 60. Wickiup Res Area 61. Mouth of Pictograph 64. Cline Falls Wildlife, Sensitive Birds Wilderness Area Wilderness Area Wildlife, Sensitive Birds Natural Area Open Space, State Park Natural Area Wildlife, Sensitive Birds Wildlife, Sensitive Mammal Open Space, State Park Sites Number 18, 21, 37, 38, 40, 41, 42, 43, 46, 53, and 60 have been dropped from the Areas of Special Concern inventory because they were originally identified as rare and endangered bird sites. The County, with the cooperation of the Oregon Department of Fish and Wildlife, reinventoried all the known sensitive and rare and endangered bird sites and a new inventory and ESEE analysis was adopted by Ordinance 92-041. The measure to implement the ESEE decision on the sensitive and endangered bird sites, the Sensitive Bird and Mammal Habitat Combining Zone, was adopted by Ordinance 92-042. Sites Number 4, 7, 8, 10, 20, 47 and 48 have been deleted from the inventory because they are inventoried as wilderness areas or are included in a designated wilderness area. See the Wilderness section of this periodic review order for findings and Ordinance 92-052 for the Goal 5 ESEE analysis and decision for the wilderness resource. Sites Number 28, 35, 36, 56 and 58 have been deleted from the inventory because they are inventoried as Ecologically and Scientifically Significant Natural Areas. See the Ecologically and Scientifically Significant Natural Areas section of this periodic review order for findings and Ordinance 92-052 for the Goal 5 ESEE analysis and decision for the ecologically and scientifically significant natural areas. Final Periodic Review Order - November 25, 1992 Page 51 0119-1842 Site Number 44, Little Deschutes River, has been deleted from the inventory because it is inventoried as a Landscape Management Zone resource. See the Open space section of this periodic review order for findings and Ordinance 92-052 for the Goal 5 ESEE analysis and decision for the Landscape Management areas. Sites Number 2, 57 and 64 have been deleted from the inventory because they are State Parks and are inventoried as open spaces. See the Open Space section of this periodic review for findings and Ordinance 92-052 for the analysis and decision for the State Parks open space area. Site 5, the High Desert, was deleted from the list because there is no information on the location, quality and quantity of the area and the area is not site specific enough to identify. Site 6, Glass Butte, was deleted because it is located in Lake County. Site 32 was deleted because the resource was unverified and unidentified. Twenty-two sites identified in the Comprehensive Plan are located on federal lands (U.S. Forest service, National Monument or Bureau of Land Management). The county finds that it has no authority to place zoning restrictions or conditions upon federal land managed under federal land management plans. Federal land management laws prevail over local laws that would designate land for particular uses. Therefore, the county finds that it can go no further in the Goal 5 process than to identify and inventory the sites. These federally owned and managed sites shall be designated as 2A and managed through the federal land management plans. The remaining sites have been included in the inventory as 111BII sites which have insufficient information on the location, quality and quantity of the resource to complete the Goal 5 process; or, they have been classified as 2A sites because they are on federally owned and managed land and are therefore managed by the federal land management agencies. Ordinance 92-052 adopts the revised resource element inventory of Areas of Special Concern. Ordinance 92-051 adopts a comprehensive plan policy which requires the county to complete the Goal 5 process for the inventoried 111BII Areas of Special Concern during the next periodic review. Final Periodic Review Order - November 25, 1992 Page 52 0119-1843 (B) ECOLOGICALLY AND SCIENTIFICALLY SIGNIFICANT NATURAL AREAS Concurrent with the adoption of this Periodic Review Order, the Board of County Commissioners is adopting Ordinance 92-052 which amends PL -20, Deschutes County Year 2000 Comprehensive Plan Resource Element, to include the inventory, ESEE analysis and decision for the following ecologically and scientifically significant natural areas. With the adoption of Ordinance 92-052, the County complies with the requirements of OAR 660-16-000 for the following ecologically and scientifically significant natural areas: Pringle Falls Research Natural Area Horse Ridge Research Natural Area West Hampton Butte Little Deschutes River/Deschutes River Confluence Davis Lake Torrey -Charlton Research Natural Area (USFS proposed) Cache Mountain Research Natural Area (USFS proposed) Cultus River Research Natural Area (USFS proposed) Katsuk Butte Research Natural Area (USFS proposed) Mokst Butte Research Natural Area (USFS proposed) Many Lakes Research Natural Area (USFS proposed) Wechee Butte Research Natural Area (USFS proposed) Final Periodic Review Order - November 25, 1992 Page 53 0119-1844 (C) I -AND NEEDED AND DESIRABLE FOR OPEN SPACE AND SCENIC AREA Concurrent with the adoption of this Final Periodic Review Order, the Board of County Commissioners is adopting Ordinance 92-052 which amends PL -20, the Deschutes County Year 2000 Comprehensive Plan Resource Element, to include the inventory, ESEE analysis and decision for the Goal 5 open space and scenic area resources in the County. The Goal 5 Open Space inventory includes State Parks, the lands designated as Open Space Conservation Zone, designated lakes and land adjacent to designated landscape management roads, rivers and streams. With the adoption of Ordinance 92-052, the County complies with the requirements of OAR 660-16-000 for the Goal 5 open space and scenic area resources. Final Periodic Review Order - November 25, 1992 Page 54 0119-1845 (D) FISH HABITAT On August 5, 1992 the Board of County Commissioners adopted ordinance 92-041 which amended PL -20 the Deschutes County Year 2000 Comprehensive Plan to include an updated fish resource inventory and ESEE analysis and decision and program to protect the fish resource in the county, and Ordinance 92-040 which amended PL -20 goals and policies regarding fish and wildlife resources. The 1986 Deschutes County/City of Bend River Study also contains inventories of fish resources and ESEE analyses of conflicting uses. The Board of Commissioners has adopted amendments to the comprehensive plan and the following ordinances to implement the River Study and provide protection for fish habitat. Ordinance No. 86-018 amended ordinance No. PL -15 to prohibit hydroelectric facilities in designated stretches of the Deschutes River and its tributaries, and to allow hydroelectric facilities in designated stretches of the Deschutes River and its tributaries, and to allow hydroelectric facilities as conditional uses in designated zones and stretches of the Deschutes River. (Title 18.96 and 18.116.130 and 18.128.040(W), Deschutes County Code). Ordinance No. 86-056 amended Ordinance No. PL -15 to require a conditional use permit for any fill and removal, including removal of vegetation, within the bed and banks of any stream or wetland. The bed and banks of a stream is defined to include 10 feet on either side of the container of the waters of a stream. (Title 18.128.040(W), Deschutes County Code). Ordinance No. 86-054 amended Ordinance No. PL -15 to require conservation easements as a condition of approval for land use actions on property adjacent to certain rivers and streams. (Title 18.116.310, Deschutes County Code). Ordinance No. 86-053 amended PL -15 requirements for rimrock setbacks. (Title 18, all zones). Ordinance No. 89-030 amended the Deschutes County Comprehensive Plan for Flood Hazard zones. Ordinance No. 88-031 amended PL -15 to establish a new Flood Plain zone and use restrictions. (Title 18.96, Deschutes County Code) Final Periodic Review Order - November 25, 1992 Page 55 0119-1846 Ordinance No. 89-009 established specific restrictions for boat docks, slips, piers or houses in the Flood Plain zone. (Title 18.96 and 18.116.070, Deschutes County Code). All zones in Title 18 have a stream setback provision to protect fish and wildlife areas. The setback requirement is 100 feet from the ordinary high water mark along all streams or lakes. The provision applies to all structures and sewage disposal installations. These ordinances along with the Landscape Management Zone, the Oregon State Scenic Waterway and the Federal Wild and Scenic designations on segments of the certain rivers and streams are the implementing measures to protect the fish habitat of the Deschutes River, its tributaries and inventoried lakes. The county notifies the Oregon Department of Fish and Wildlife of all requests for fill and removal or development proposals in the flood plain zone, Wildlife Area Combining Zone, or along any designated river or stream. The adoption of Ordinance 92-040 and 92-041 and the above referenced ordinances which were adopted as a result of the Deschutes County/City of Bend River Study comply with OAR 660-16 for the Goal 5 fish habitat resource. Final Periodic Review order - November 25, 1992 Page 56 0119-1847 (E) WILDMINESS AREAS Concurrent with the adoption of this Periodic Review Order, the Board of County Commissioners is adopting Ordinance 92-052 which amends PL -20, the Deschutes County Year 2000 Comprehensive Plan Resource Element, to include the inventory, ESEE analysis and decision for the Goal 5 wilderness resource. With the adoption of Ordinance 92-052, the County will comply with the requirements of OAR 660-16-000 for the Goal 5 wilderness resource. Final Periodic Review Order - November 25, 1992 Page 57 0119-1848 (F) STATE AND FEDERAL WILD AND SCENIC WATERWAYS Concurrent with the adoption of this Final Periodic Review order, the Board of County commissioners is adopting Ordinance 92-052 which amends PL -20, the Deschutes County Year 2000 Comprehensive Plan Resource Element, to include the inventory, ESEE analysis and decision for the Goal 5 resource of State Scenic Waterways and Federal Wild and Scenic Rivers. With the adoption of Ordinance 92-052, the County complies with the requirements of OAR 660-16-000 for the Goal 5 State Scenic Waterway and Federal Wild and Scenic River resource. Final Periodic Review Order - November 25, 1992 Page 58 (G) ENERGY SOURCES Hydroelectric Resources 0119-1849 The County adopted the Deschutes County/City of Bend River Study as part of the Resource Element of the Comprehensive Plan. The River Study contains the inventory and ESEE analysis of the hydroelectric sites in the Deschutes Basin. Chapter 4 of the River Study contains an ESEE analysis for the potential hydroelectric projects. The River Study Staff Report also contains ESEE analysis for hydro sites on four reaches of the Deschutes River, Fall River, Little Deschutes River, Squaw Creek and Crooked River (within Deschutes County). In 1985 the legislature enacted into law ORS 543.165, 543.170 and 543.175 which prohibits issuance of permits for construction of any hydroelectric facility or structure on: the Deschutes River between river mile 172 below Lava Island Falls and river mile 227 below but not including Wickiup Dam; Squaw Creek; and, within the city limits of the City of Bend. The ESEE analysis findings in the River Study Staff Report regarding hydroelectric resources were adopted in 1986 by the Board of County Commissioners by enactment of ordinances 86-017 and 86-018 which have been incorporated into Title 18 and Title 19 of the Deschutes County Code. Ordinance 89-019 was adopted at the same time and amends the Deschutes County Year 2000 Comprehensive Plan Energy Goals and Policies as recommended by the River Study and Staff Report. The ordinances adopted by the Board of Commissioners conform with the statutes adopted by the legislature in that they prohibit hydroelectric development on certain reaches of the Deschutes River. Based on the ESEE analysis in the River Study Staff Report, the ordinance also prohibits new hydroelectric facilities on the Crooked River in Deschutes County, Fall River, the Little Deschutes River, Spring River, Paulina Creek, Squaw Creek and Tumalo Creek. New facilities were prohibited on these rivers and streams because the ESEE analysis made findings that conflicting uses (fish, wildlife, riparian habitat scenic and recreation) were more important relative to the potential hydroelectric resources and, therefore, development of new hydro electric resources should be strictly limited. The implementing measures to protect the hydroelectric sites and regulate hydroelectric development are found in ordinance 86-017 which amended PL -11 (Title 19.88.190) and Ordinance 86-018 which amended PL -15 (Title 18.116 and 18.128.104(V)). Final Periodic Review order - November 25, 1992 Page 59 Geothermal Resources 0119-18,50 The County adopted Ordinance 85-001 on February 13, 1985. This ordinance complies with Goal 5 (OAR 660-16). The ordinance amended the Comprehensive plan and adopted a Geothermal Resource Element including a resource inventory and ESEE analysis. Since the adoption of the Geothermal Resource Element, the BPA has approved a proposal from the Eugene Water and Electric Board to develop a geothermal production plant on the Newberry Volcano. This proposal is located in an area identified in the Resource Element and is also identified as a federal Known Geothermal Resource Area (KGRA). Future environmental review and leasing for this site will be administered by the USFS and the BLM. The project will be coordinated with the County through the Co-operative agreements with these federal agencies. Except for this site, no other resource sites are currently active. Final Periodic Review Order - November 25, 1992 Page 60 0119.185, (H) POTENTIAL AND APPROVED OREGON RECREATION TRAILS There are no potential or approved Oregon Recreation Trails in Deschutes County. The Oregon State Parks and Recreation Division recognizes the Pacific Crest and the Transamerica Trail. Because there are no potential or approved Oregon Recreation Trails the County and the Comprehensive Plan does not currently include trails as a Goal 5 resource, the Comprehensive Plan and Resource Element will not be amended to include an inventory of trails. Final Periodic Review Order - November 25, 1992 Page 61 0119-1852 (1) WILDLIFE AREAS AND HABITATS On August 5, 1992 the Board of County Commissioners adopted the following Ordinances which are the amendments to the Comprehensive Plan goals and policies, Comprehensive Plan Resource Element and the County Zoning ordinance (Title 18) which were required to comply with OAR 660-16 for Goal 5 fish and wildlife resources. Ordinance 92-040 Amends Deschutes County Year 2000 Comprehensive Plan Goals and Policies Ordinance 92-041 Amends Deschutes County Comprehensive Plan Resource Element to adopt Fish and Wildlife habitat inventories and ESEE analysis Ordinance 92-042 Amends Title 18.88, Wildlife Area combining zone and adds Title 18.90, Sensitive Bird and Mammal Combining Zone Ordinance 92-043 Adopts Wildlife Area Combining Zone Map and Sensitive Bird and Mammal Combining Zone Map Ordinance 92-045 Adopts the Federal Wetland Inventory Map With the adoption of the above ordinances the County has complied with OAR 660-16 for Goal 5 fish and wildlife resources. Final Periodic Review Order - November 25, 1992 Page 62 0119-1853 (J) HISTORIC On March 18, 1992 the Board of County commissioners adopted the following ordinances: Ordinance 92-018 Amended the text of the Historic Resources Chapter of the Resource Element of the Comprehensive Plan, adopted the historic resources inventory, adopted the inventory of 111B11 historic resource sites. Ordinance 92-019 Adopted the ESEE analysis of historic resource sites as part of the Resource Element of the Comprehensive Plan. With the adoption of these ordinances the County has complied with OAR 660-16 for Goal 5 historic resources. Final Periodic Review Order - November 25, 1992 Page 63 (K) AGGREGATE AND MINERAL RESOURCES 0119-1854 In 1984 the Court of Appeals in Coats v. LCDC, 67 Or App 504 (1984), reversed and remanded Deschutes County's acknowledgement based upon the fact that the County's comprehensive plan and implementing ordinance would have allowed conflicting uses on sites surrounding SM and SMR sites without any ESEE analysis and without any protection of the mineral and aggregate resource. Under an order dated January 30, 1986, LCDC acknowledged Deschutes County's plan and implementing ordinances except for areas zoned surface mining and surface mine resource outside the County's urban growth boundaries and except for compliance with the requirements of Goal 5 with respect to mineral and aggregate resources under Goal 5. Pursuant to that order and several continuances granted by LCDC since that time, Deschutes County has undertaken a process to inventory mineral and aggregate resources outside the urban growth boundaries in the County. In December 1985 the County conducted an initial inventory of lands zoned surface mining and surface mining reserve in the County. During 1986 - 1988 the County continued to inventory and analyze the aggregate and mineral resources for the County and hold public hearings. In September 1988 the hearings officer made recommendations to the Board of Commissioners on the County's new inventory. On December 14, 1988, the Board of Commissioners adopted Ordinance 88-039, which adopted the Deschutes County mineral and aggregate resource inventory and supporting recommendations of the hearings officer and staff. Starting in February 1989, the Planning Commission held hearings on individual inventoried sites to address ESEE conflicts. Starting in May of 1989, the Board of County Commissioners held public hearings and made final ESEE decisions. In July 1990, the Board of Commissioners adopted Ordinances 90-025, 90-028, 90-029 to amend the Comprehensive Plan goals and policies, to adopt the surface mining inventory and ESEE analysis and ordinance 90-014 to amend Title 18 to create a Surface Mine and Surface Mine Impact Area Zone (Title 18.52 and 18.56). In May 1991 LCDC acknowledged the sections of the comprehensive plan and implementing ordinances which were revised in response to Coats v. LCDC. However, along with the acknowledgement order, the county was required to amend the surface mining section of the Comprehensive Plan with a Final Periodic Review Order - November 25, 1992 Page 64 0119-1855 new Policy - 1115AII. This policy required the county, as part of periodic review to evaluate the conflicting Goal 5 resources identified in the surface mining ESEEs to insure consistency between all Goal 5 resources. The Board of County Commissioners adopted Ordinance 92-044 which adopts findings and a decision to comply with Policy 1115AII. Upon the adoption of Ordinance 92-044, the county complies with OAR 660-16 for Goal 5 mineral and aggregate resources. Final Periodic Review Order - November 25, 1992 Page 65 01119-18576 FACTOR 3 OR AMENDED STATE AGENCY PLANS OR PROGRAMS SINCE THE DATE OF ACKNOWLEDGM4ENT (OAR 660-19-055(2)(C)) Several state agencies have submitted summaries of mandated programs related to land use which were not in effect when your plan was acknowledged. Programs which may apply to Deschutes County are listed below. DLCD has reviewed these programs and determined that they generally meet the standards contained in ORS 197.640(3)(c) and OAR 660-19-055(2)(c) in that the plan or program: (1) Is mandated by state statute or federal law; (2) is consistent with the goals, and (3) has objectives that cannot be achieved in a manner consistent with the Comprehensive Plan or Land Use Regulations. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEO) The County must maintain an up-to-date inventory of major air, water, solid waste and noise pollution sources and sites. 1. Requirement: Amend the plan's inventory information to include the location of the sensitive groundwater area that underlies portions of the County. The County needs to be aware of potential impacts on sensitive groundwater areas from underground storage tanks, storm drainage, chemical spills, residential on-site sewage disposal systems and other similar land uses. Response: The 111980 Major Water Table Aquifers with Sensitive Areas Map" was reviewed, and the Alfalfa, Millican, Hampton, Crane Prairie and LaPine sensitive groundwater areas were identified in Deschutes County. The sensitive groundwater areas underlying the predominantly rural areas of Alfalfa, Millican and Hampton should not be adversely impacted by surrounding land uses because of the low density of development permitted by the EFU-320 and EFU-40 zoning. The area overlying the Alfalfa groundwater aquifer is dominated by the Deschutes Deskamp soils association. This soils association is characterized as moderately deep sandy loam over basalt bedrock with 0 to 20 percent slopes, and moderately deep loamy sand over basalt bedrock with 0-12 percent slope. This soils association has severe limitations for septic tank absorption fields. Final Periodic Review Order - November 25, 1992 Page 66 0119-1857 The areas overlying the Millican and Hampton groundwater aquifers are dominated by the Floke-Olson soils association. This soils association can be characterized as shallow soils with a very stony surface layer, clay subsoil over hardpan, with 0 to 8 percent slopes, and shallow soils with a loam surface layer, clay loam subsoil over hardpan, with 0 to 2 percent slopes. This type of soils association is poorly suited for irrigation and has severe limitations for septic tank absorption fields. The area overlying the Crane Prairie groundwater aquifer is dominated by the Shanahan soils association. This soils association is characterized as very deep soils with loamy sand surface layer over loam subsoil with 0 to 15 percent slopes. This soils association is poorly suited for irrigation but has only slight limitations for septic tank absorption fields. The final sensitive groundwater aquifer is found in the LaPine area. The "Oregon 1986 Water Quality Program Assessment and Program Plan for Fiscal Year 198711 identifies approximately 3000 acres in the Little Deschutes watershed that is targeted for non -point source management. The report states that the groundwater in this area has been moderately polluted by nitrates. The major source of these pollutants is the septic tank sewer system, which is the predominant sewer system in this area. For greater detail, see the 111982 LaPine Aquifer Management Plan". The 111986 Water Quality Program" also identifies the Southwest Landfill, located near LaPine, as an area of concern for groundwater quality. The Southwest Landfill was closed in 1989 according to DEQ regulations and replaced by a transfer and recycling station at the same site. The groundwater at the site is being monitored by the DEQ. 2. Requirement: Update the Rural Development Section of the Plan to include a discussion of those areas of the County with failing on-site systems. Response: Any area which disposes of sewage by way of septic tank and drainfield will have a certain number of failing drainfield systems. However, there are only a couple of areas where this is a concentrated problem. In downtown LaPine, there is a problem with pollution of the water table with regard to the high nitrate level. In other areas of LaPine, the nitrates are not a problem due to the large lot sizes. LaPine has been required by the Department of Environmental Quality to install a sewer system in the core area. This project has been completed and the existing homes and businesses are being hooked up to the system. Final Periodic Review Order - November 25, 1992 Page 67 0'2'� 19 - 180'7 8 There is also a problem in the Aero Acres and Myrtlewood subdivisions just south of Bear Creek Road with systems that fail with sewage on the ground surface. This is due largely to the small lot sizes. Both of these areas were developed prior to the planning process, and the properties have been sold. It would be very difficult to plan around the development at this point. The Department of Environmental Quality has sought funds to be used for repair of failing drainfield systems, but has been unsuccessful in doing so with the legislature. Corrections of failing drainfield systems have historically been resolved by property owners. 3. Requirement: Amend the plan inventory to identify the location of Class I air quality areas in the County. Include an updated discussion of air quality in the planning area. Response: There are two Class I air quality areas located in Deschutes County. They include portions of the Mt. Washington and Three Sisters Wilderness Areas. These two wilderness areas are located along the western reaches of the Deschutes National Forest and extend north and south from Township 14 South to Township 20 South. The City of Sisters, located approximately 10 miles to the east, is an area which could potentially have an effect on the Class I air quality areas. In this regard, however, the Sisters Comprehensive Plan and Zoning Ordinance allow only non-offensive light indus- trial activities which would not impact the Class I air quality areas. One other influencing factor related to Class I air quality areas is wind direction. In Deschutes County, the predominant wind directions are either from the south/southwest (at Bend) or north/northwest (at Redmond). In both instances, the wind direction is away from the Class I air quality areas. 4. Reguirement: Include an updated discussion of existing and new sources of air emissions. Response: A review of DEQ files for new air pollution sources that have received a permit since 1980 within Deschutes County are as follows: (a) Niswonger-Reynolds (1982); 105 N.W. Irving, Bend. (b) Morelock Wood Products (1983); 303 S.W. Columbia, Bend. (c) Northland Furniture (1984); 681 S.E. Glenwood, Bend. Final Periodic Review Order - November 25, 1992 Page 68 5. M. 01119-1859 (d) Bend Wood Products (1986); 1340 Industrial Way, Bend. (e) KKRP Cutstock (1987); 30 S.W. 14th, Bend. (f) Custom Remanufacturing (1984); 64510 Cook, Tumalo. As indicated, five of the sources were located within the City of Bend and one in Tumalo. There were no new sources identified in the rural areas of the County. Requirement: Include a noise source inventory. Regponse: The following are outstanding noise sources in Deschutes County that have been identified by DEQ as the result of complaints: (a) DAW Wood Products; Bend. (b) Regnier Bros. Building Materials; Bend. (c) Bend Aggregate and Paving; Tumalo. (d) Bend Salvage Company; Bend. (e) Thomas Sales & Service; Bend. As with the air emissions inventory, all the noise sources were located in the City of Bend or in Tumalo. There were no other identified noise complaints in the County. Requirement: Identify major roads, highways and quarries which could impact noise senitive development such as residential areas and schools. Response: Roads and highways could potentially impact the noise sensitive land uses of Tumalo Elementary School which is also within 500 feet of U.S. Highway #20, and the Terrebonne Elementary School which is within 200 feet of U.S. Highway #97. The County has identified and zoned all surface mines in the county in accordance with OAR 660-16. Title 18.55 regulates the Surface Mining Zone. Title 18.56 establishes a surface mining impact area around sites zoned for surface mining and limits and regulates noise and dust sensitive uses. 7. Reguirement: Amend the plan to include background information on solid waste. The Plan needs to describe the site life of the landfill and any problems which need to be addressed. Response: The Deschutes County Year 2000 Comprehensive Plan will be amended with the following text concurrently with the adoption of this periodic review order. (Ordinance 92-051) "In the past the county has had six landfills. Three of the landfills (Alfalfa, LaPine and Final Periodic Review Order - November 25, 1992 Page 69 119-1860 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 of material for the Bend Parkway project. According to the Pubic Works 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." 8. Requirement: Include a plan policy to require all development to comply with state and federal environ- mental rules, regulations and standards. Response: The County shall amend its Comprehensive Plan to include a policy statement that requires all development to comply with state and federal rules, regulations and standards. This new policy statement will be added to the Rural Development section on page 39 of the County Compre- hensive Plan, the Urbanization section on page 68, the Housing section on page 77, the Public Facilities section on page 94, the Recreational Facilities section on page 104, and the Natural Hazards section on page 112. (Ordinance 92-051) 9. Requirement: Adopt mandatory policies and implementing measures regarding streambank erosion which is identified in the plan (page 51) as a problem. Resiponse: In June of 1986, Deschutes County and the City of Bend adopted the goals and policies as set forth in the Deschutes County/City of Bend River Study (April 1986), pages 13-1 through 13-46. Many of the goals and policies contained in the eschutes River Corridor chapter adopted as an addition to the Deschutes County Year 2000 Comprehensive Plan and the Bend Area General Plan by Ordinances 86-019 and 86-020 are directed specifically at the problem of streambank erosion and its effect on the fisheries habitat. Title 18.128 establishes conditional use standards for hydroelectric facilities and fill and removal. These standards Final Periodic Review Order - November 25, 1992 Page 70 prohibit an increase in soil or bank er06!9—Y,.1 destruction of stream bank habitat. 10. RgWirexent: consider amending the Conditional Use Ordinance (8.050) which addresses dog pounds and kennels to include decibel standards or allow the Hearings Officer to require enclosure of all buildings to reduce noise impacts on neighboring properties. Resppnse: Title 18.128.040(F), the Deschutes County Zoning Ordinance, meets the requirement by stating the following: "Dog Pounds or Kennels. The Planning Director or the Hearings Body may authorize a dog pound or kennel as a conditional use provided that building and site design provisions are adequate to minimize noise and odor. When necessary to protect surrounding properties, the Hearings Body may require a sight -obscuring fence or hedge and may restrict vehicular access and loading facilities, especially those required by trucks transporting large animals." DEPARTMENT OF GEOIA)GY AND MINERAL INDUSTRIES (DOGAMI) 1. Reauirement: The Department of Geology and Mineral Industries indicates the need to amend policy #6 on page 131 of the Deschutes County Comprehensive Plan to reference the state reclamation requirements of ORS 517.750 to 517.990. It is also recommended that this same reference be made on page 103 of the Deschutes County Resource Element. Response: Ordinance 90-028 adopted new Comprehensive Plan goals and policies for surface mining and the reclamation requirements of DOGAMI have been incorporated into policy number 28. Title 18.52.130, Surface Mining Zone, also requires approval of DOGAMI or adherance to the applicable DOGAMI standards for site reclamation plans. OREGON DEPART74ENT OF ENERGY 1. Requirement: The Oregon Department of Energy recommends adding several policies to the Comprehensive Plan. ResRpnse: Ordinance 92-051 adds the following policy to the section containing general policy statements on pages 106 and 107 of the Comprehensive Plan: "Energy Assessment. During major plan updates or more often as necessary, the County shall assess its energy use and the potential for energy Final Periodic Review Order - November 25, 1992 Page 71 0119-1862 conservation. The County shall use information available from the state and federal governments, and utility companies." Ordinance 92-051 adds the following policy to the Alternate Energy Sources section on page 107: "Internal Operations. The County shall, when practicable, make energy efficiency and the use of renewable resources a regular practice in its design and operations of buildings, equipment, and public facilities and services." Ordinance 92-51 adds the following policy to the Conservation section on page 108: "Public/Private Actions. The County shall encourage local residents and businesses to conserve energy, to use renewable resources, and to recycle materials. The County will coordinate its efforts with those of local organizations, special district, utility companies, and state and federal agencies." OREGON DEPARTMENT OF TRANSPORTATION (ODOT) 1. R%Mirezent (Aeronautics Division): ODOT recommends that local jurisdictions with airports amend land use regulations to discourage incompatible sensitive uses near airports. Response: Both of the public use airports and the private landing strips in Deschutes County (Roberts Field in Redmond and the Bend Municipal Airport) have been reviewed for consistency with the "Airport Compatibility Planning: Recommended Guidelines and Procedures for Airport Land Use Planning and Zoning" (1978). An analysis of the review indicated that the public airports and their master plans are consistent with the recommended guidelines. The private landing strips are also reviewed for com- patibility with ODOT guidelines. 2. Requirement (Parks Division) : Local governments must maintain an up-to-date inventory of state parks and assure that local plans are consistent and coordinated with state park master plans. ResRgnse: A review of the "Deschutes County State Parks Master Plan Summary Plan, July 198611 indicated that the Deschutes County Comprehensive Plan was consistent and coordinated with the state park master plans for the four state parks located in Deschutes County. Final Periodic Review Order - November 25, 1992 Page 72 3. 19-1863 Ordinance 92-051 amends the Comprehensive Plan to include the following changes to recreation policies #2 and #4: 112. 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 an surrounding residents and wildlife. Park rehabilitation, reiplacements, minor betterment, rgpair, and ordinary naintenance activities which do not sigLaificantly imipact land uses will be allowed outri 4. The Oregon State Parks Systems 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. Requirement (HighLvay Division): Local governments must amend Goal 11 elements to inventory proposed highway improvements and to adopt a policy to coordinate with ODOT in implementing its improvement program. Response: This item was responded to under Subfactor 1(d) of this Periodic Review Order. WATER RESOURCES DEPARTMENT (WRD) Requirement: Review recently set minimum perennial streamflows for the Deschutes River and assess the impact on land uses. Response: In 1983, the Oregon Legislature passed SB 225 (Chapter 796, Oregon Laws, 1983) declaring the establishment of minimum perennial streamflows at up to 75 locations on the highest priority streams before January 1, 1986. As of November 3, 1983, a minimum perennial streamflow applied to certain reaches of the Deschutes River. The Deschutes River above the con- fluence of the Little Deschutes River and the mainstem. has a minimum perennial streamflow of 400 cfs, while the remainder of the Deschutes River above Bend has a mini- mum perennial streamflow of 660 cfs. The County is aware that these minimum flows may have an impact on proposed land uses. Any future development activity that requires large quantities of water will be scrutinized for impacts. Final Periodic Review Order - November 25, 1992 Page 73 CONCLUSION - FACTOR THREE: 01.19-1864 The County's review of new and amended state agency plans or programs that were adopted since the date of acknowledgement identified several plan or program requirements that need to be incorporated into the updated plan * The proposed amendments to the Deschutes County Year 2000 Comprehensive Plan are being adopted concurrently with the adoption of the periodic review order. With the adoption of the amendments, the County will comply with Factor Three. Final Periodic Review Order - November 25, 1992 Page 74 01,19-1865 FACTOR 4 ADDITIONAL PLANNING TASKS REQUIRED AT THE TIME OF ACKNOWLEDGEMENT OR AGREED TO IN RECEIPT OF STATE GRANTS (OAR 660-19-055) (2) (D) The city or county has not performed any additional planning that: (a) Was required in the Comprehensive Plan or Land Use Regulations at the time of initial acknowledgement or that was agreed to by the City or the County in the receipt of State Grant Funds for review and update; and (b) is necessary to make the Comprehensive Plan or Land Use Regulations comply with the goals. FINDINGS: At the time of acknowledgement the County Comprehensive Plan did not require any additional planning that has not been completed or addressed in this periodic review order. The Deschutes County Planning Department has received the following grants from the Department of Land Conservation and Development which were used to make the comprehensive plan or land use regulations comply with the goals: 1991 - 1993: $30,000 competitive grant to work on completing the goal 4 and 5 work necessary for periodic review. 1989 - 1991: $29,000 grant to conduct the secondary lands pilot project. $23,192 competitive grant for additional secondary lands pilot project work. 1985 - 1987 $21,500 grant to work on periodic review. 1983 - 1985 $15,000 post acknowledgement grant for the Goal 5 River Study. The County received a 1990 grant for $3,500 and a 1991 grant for $4,455 from the State Historic Preservation Office to review Goal 5 historic resources. The grant money funded the Final Periodic Review order - November 25, 1992 Page 75 0 J. 1,19-1866 County historic planner who directed the completion of the Goal 5 process for periodic review which resulted in the adoption of the historic resources inventories and ESEEs. Except for the 1991 - 1993 DLCD competitive grant, the work to be accomplished under the grant proposals has been completed, the funds awarded by DLCD, and the grants closed out. In addition, for each biennium since acknowledgement the County has received either planning assistance, maintenance or coordination grants ranging from $3,300 to $26,314. CONCLUSION - FACTOR FOUR: The county has completed the work required by the comprehensive plan at the time of acknowledgement and completed the work required to receive the grant money from the Department of Land Conservation and Development. Final Periodic Review Order - November 25, 1992 Page 76 ATTACIGE&US Deschutes County Code Title 17 - Deschutes County Subdivision and Partition Ordinance Deschutes County Code Title 18 - Deschutes County Zoning Ordinance Deschutes County Code Title 19 - Bend Urban Area Zoning Ordinance Deschutes County Code Title 22 - Deschutes County Procedures Ordinance PL -20 - Deschutes County Year 2000 Comprehensive Plan Deschutes County Year 2000 Comprehensive Plan Resource Element City of Bend/Deschutes County River Study, April 1986 River Study Staff Report Deschutes County State Parks Master Plan Big Game Habitat Area Map Sensitive Bird and Mammal Habitat Map Landscape Management Combining Zone Map Surface Mining and SMIA Zone Map Wilderness Study Maps Federal Wild and Scenic River Map State Scenic Waterway Map Comparison between Title 18 and PL -15 Memorandum of Understanding between County and US Forest Service Draft Periodic Review order - September 30, 1992 Page 77 APPENDICES Appendix A - Deschutes County ordinances Amending Comprehensive Plan and Zoning Ordinance Appendix B - Comparison between Title 18 and PL -15 Final Periodic Review Order - November 25, 1992 Page 78 APPENDIX A k ORDINANCES ADOPTED SINCE ACKNOWLEGEMENT: 0119-180 81-011 An Ordinance Amending Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979; Rezoning Certain Property From Exclusive Farm Use -20 (EFU-4) Zone to Multiple Use Agriculture (MUA) Zone, and Declaring an Emergency, (02/25/81) 81-012 An Ordinance Amending Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979; Rezoning Certain Property from Exclusive Farm Use -40 (EFU-3) Zone to Multiple Use Agriculture (MUA-10) Zone, and Declaring an Emergency, (02/25/81) 81-013 An Ordinance Amending Ordinance No. PL -15, Dechsutes County Zoning Ordinance of 1979; Rezoning Certain Property from Exclusive Farm Use -40 (EFU-3) Zone to Multiple Use Agriculture (MUA-10) Zone, and Declaring an Emergency, (02/25/81) 81-017 An Ordinance Amending Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, Rezoning Certain Property from Exclusive Farm Use -20 (EFU-4) Zone to Multiple Use Agriculture (MUA) Zone; and Declaring an Emergency, (04/08/81) 81-028 An Ordinance Amending Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, Rezoning Certain Property from Rural Residential (RR -10) Zone to Exclusive Farm Use -40 (EFU-3) Zone; and Declaring an Emergency, (07/08/81) 81-031 An Ordinance Amending Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, Rezoning Certain Property from Exclusive Farm Use -40 (EFU-3) Zone to Multiple Use Agriculture (MUA-10) Zone; and Declaring an Emergency, (07/29/81) 82-005 An Ordinance Amending Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979; Rezoning Certain Property from Exclusive Farm Use - 40 (EFU-3) Zone to Multiple Use Agriculture (MUA-10) Zone; and Declaring an Emergency, (02/17/82) 82-007 An Ordinance Amending Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979; Rezoning Certain Property from Exclusive Farm USe - 20 (EFU-4) Zone to Multiple Use Agriculture (MUA-10) Zone; and Declaring an Emergency, (02/17/82) Final Periodic Review Order Appendix A -November 25, 1992 Page 79 82-017 An Ordinance Amending Ordinance PL -15, As Amend�d, Deschutes County Zoning Ordinance of 1979, Rezoning Certain Property From Exclusive Farm Use - 20 (EFU-4) Zone to Multiple Use Agriculture (MUA) Zone, Removing the Wildlife Area Combining (WA) Zone, and Declaring an Emergency, (04/21/82) 82-018 An Ordinance Amending Ordinance PL -15, As Amended, Deschutes County Zoning Ordinance of 1979, Rezoning Certain Property From Exclusive Farm Use -20 (EFU-4) Zone to Multiple Use Agriculture (MUA) Zone, and Declaring an Emergency, (04/21/82) 82-024 An Ordinance Amending Ordinance PL -15, As Amended, Deschutes County Zoning Ordinance of 1979, Rezoning Certain Property From Exclusive Farm Use - 40 (EFU-3) Zone and Exclusive Farm Use - 20 (EFU-4) Zone to Multiple Use Agriculture (MUA-10) Zone; and Declaring an Emergency, (06/08/82) 82-026 An Ordinance Amending Ordinance PL -15, As Amended, Deschutes County Zoning Ordinance of 1979, Rezoning Certain Property From Exclusive Farm Use - 40 (EFU-3) Zone to Multiple Use Agriculture (MUA-10) Zone, and Declaring an Emergency, (06/22/82) 82-027 An Ordinance Amending Ordinance PL -15, As Amended, Deschutes County Zoning Ordinance of 1979, Rezoning Certain Property From Exclusive Farm Use - 40 (EFU-3) Zone to Multiple Use Agriculture (MUA-10) Zone, and Declaring an Emergency, (06/22/82) 82-028 An Ordinance Amending Ordinance PL -15, As Amended, Deschutes County Zoning Ordinance of 1979, Rezoning Certain Property from Exclusive Farm Use - 20 (EFU-4) Zone to Multiple Use Agriculture (MUA-10) Zone, and Declaring an Emergency, (06/25/82) 82-031 An Ordinance Amending Ordinance PL -15, Deschutes County Zoning Ordinance of 1979, as Amended, Rezoning Certain Property From Exclusive Farm Use - 20 (EFU-4) Zone to Airport Development (AD) Zone, and Declaring an Emergency, (08/24/82) 83-001 An Ordinance Amending Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, as Amended, Rezoning Certain Property From Exclusive Farm Use - 40 (EFU-3) Zone to Multiple Use Agriculture (MUA-10) Zone, and Declaring an Emergency, (01/05/83) Final Periodic Review Order Appendix A -November 25, 1992 Page 80 83-003 An Ordinance Amending Ordinance 83-001, an Ordinance Amending Ordinance PL -15, Deschutes County Zoning Ordinance of 1979, as Amended, Rezoning Certain Property From Exclusive Farm Use - 40 (EFU-3) Zone, to Multiple Use Agriculture (MUA-10) Zone, to Corrent an Incorrect Property Description, and Declaring an Emergency (01/12/83) 83-004 An Ordinance Amending Ordinance PL -15, As Amended, Deschutes County Zoning Ordinance of 1979, Rezoning Certain Property From Exclusive Farm Use - 20 (EFU-4) Zone to Multiple Use Agriculture (MUA-10) Zone, and Declaring an Emergency, (01/12/83) 83-005 An Ordinance Amending Ordinance PL -15, As Amended, Deschutes Cousnty Zoning Ordinance of 1979, Rezonsing certain Property From Exclusive Farm Use - 40 (EFU-3) Zone to Multiple Use Agriculture (MUA-10) Zone, and Declaring an Emergency, (01/12/83) 83-006 An Ordinance Amending Ordinance PL -15, As Amended, Deschutes County Zoning Ordinance of 1979, Rezoning Certain Property From Exclusive Farm Use - 20 (EFU-4) Zone to Multiple Use Agriculture (MUA-10) Zone, and Declaring an Emergency, (01/12/83) 83-048 An Ordinance Amending Ordinance PL -17, sisters Urban Growth Boundary Zoning Ordinance, Rezoning Certain Property From Forest Use (F-3) Zone to Urban Area Reserve (UAR-10) Zone, and Declaring an Emergency, (05/04/83) 84-032 An Ordinance Amending Ordinance PL -15, Deschautes County Zoning Ordinance of 1979, as Amended, Removing the Conventional Houseing Combining (CH) Zone From Certain Property, and Declaring an Emergency, (10/10/84) 85-001 An Ordinance Amending the Geotherman Policies, Ordinance No. PL -20, Deschutes County Year 2000 Comprehensive Plan, as Amended; Adopting Geothermal Resource Maps, adopting Geothermal Resource Element and Making Findings, (02/13/85) 86-001 An Ordinance Re -Adopting Ordinance No. 85-041, Amending Ordinance No. PL -20, Deschutes County Year 2000 Comprehensive Plan, Modifying The Exception Area Plan For The LaPine Rural Service Center, Redesignating Certain Land From Limited Rural Industrial Reserve To Limited Rural Industrial, and Declaring an Emergency, (01/29/86) Final Periodic Review Order Appendix A -November 25, 1992 Page 81 0-11-19-1872 86-002 An Ordinance Re -Adopting Ordinance No. 85-042, Amending Ordinance No. PL -20, Deschutes County Year 2000 Comprehensive Plan, Modifying The Exception Area Plan For The LaPine Rural Service Center, Redesignating Certain Land From Medium Density Residential To Limited Rural Industrial, and Declaring an Emergency, (01/29/86) 86-003 An Ordinance Re -Adopting Ordinance No. 85-043, Amending Ordinance PL -15, Deschutes County Zoning Ordinance of 1979, as Amended, Rezoning Certain Property From Rural Residential (RR -10) Zone to Rural Industrial (RI) Zone, and Declaring an Emergency, (01/29/86) 86-004 An Ordinance Re -Adopting Ordinance No. 85-004, Amending Ordinance PL -15, Deschutes County Zoning Ordinance of 1979, as Amended, Rezoning Certain Property From Rural Service Residential (RSR -M) Zone to Rural*Industrial (RI) Zone and Declaring an Emergency, (01/29/86) 86-018 An Ordinance Amending Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, As Amended, To Prohibit Hydroelectric Facilities in Designated Zones and Stretches of the Deschutes River and Its Tributaries, To Allow Hydroelectric Facilities as Conditional Uses in Designated Zones and Stretches of the Deschutes River, Establishing Conditional Use Criteria, Adopting Findings and Conclusions, and Declaring an Emergency (06/30/86) 86-019 An Ordinance Amending Ordinance No. PL -20, Deschutes County Year 2000 Comprehensive Plan, As Amended, By Adoption of Deschutes River Corridor Goals and Policies, Adopting Findings and Conclusions, and Declaring an Emergency (06/30/86) 86-050 An Ordinance Amending Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, As Amended, Rezoning Certain Property From Forest Use (F-2) Zone to Forest Use (F-3) Zone, and Declaring an Emergency, (05/14/86). 86-052 An Ordinance Amending Ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan, Adopting a New Transportation Plan and Transportation Plan Map (06/25/86) Final Periodic Review order Appendix A -November 25, 1992 Page 82 0119-1873 86-053 An Ordinance Amending Ordinance No. PL -15, Deschutes County Zoning ordinance of 1979, As Amended, To Amend Definition of Rimrock, To Amend Rimrock Setback Requirements, To Create Exceptions, Adopting Findings and Conclusions, and Declaring an Emergency (06/30/86) 86-054 An Ordinance Amending ordinance No. PL -15, Deschutes County Zoning Ordinance of 1970, As Amended, To Define Conservation Easement, Require Conservation Easement as Condition of Approval For Land Use Actions on Property Adjacent to Certain Rivers and Streams, Adopting Findings and Conclusion, and Declaring an Emergency (06/30/86) 86-056 An ordinance Amending ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, As Amended, To Add Definitions Authorize Fill and Removal as a Conditional Use in Certain Zones, To Create Exceptions, Requiring "Sunset" Review, Adopting Findings and Conclusions, and Declaring an Emergency (06/30/86) 86-059 An Ordinance Amending Section 4.100, Surface Mining (SM) Zone, of Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, As Amended, To Provide Use Limitations on Agricultural Land, and Declaring an Emergency (09/10/86) 86-064 An ordinance Amending Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, As Amended, To Remove Wildlife Area Combining (WA) Zone Designation From a 40 -Acre Parcel of Property Located in Section 5, Township 16 South, Range 11 East of the Willamette Meridian, Deschutes County, Oregon, and Declaring an Emergency (07/09/86) 86-067 An Ordinance Amending ordinance No. PL -20, Deschutes County Year 2000 Comprehensive Plan, As Amended, To Amend the Citizen Involvement Chapter to Designate the Deschutes County Planning Commission as the Citizen Involvement Committee (09/10/86) 86-077 An Ordinance Amending Ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan, By Amending the Transportation Plan circulation Element and Adopting the Amended Transportation Plan Map (12/17/86) 86-079 An Ordinance Amending ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, Rezoning Certain Property from Surface Mining Reserve (SMR) Zone to Surface Mining (SM) Zone, an Declaring an Emergency (12/31/87) Final Periodic Review Order Appendix A -November 25, 1992 Page 8 3 01:119-1874 87-011 An Ordinance Amending Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, as Amended., Amending the Sunriver Master Plan, Rezoning Certain Property From Planned Community Resort District (PCR) Zone to Planned Community Multi -Family Residential District (PCRM) Zone, and Declaring an Emergency (03/01/87) 87-013 An Ordinance Amending Ordinance No. PL -15, the Des- chutes County Zoning Ordinance, Revising Provisions for Dwellings in Exclusive Farm Use (EFU) Zones, and Declaring an Emergency (06/10/87) 87-015 An Ordinance Amending Ordinance No. PL -15, the Deschutes County Zoning Ordinance of 1979, Revising Provisions concerning Nonconforming Lots and Parcels, and Declaring an Emergency (06/10/87) 87-032 An Ordinance Amending Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, as Amended, To Exempt Certain Stretches of the Deschutes River From Fill and Removal Conditional Use Requirements, and Declaring an Emergency (12/09/87) 87-033 An Ordinance Amending Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, as Amended, Changing the EFU-80 and EFU-40 Zone Designation to EFU-80 and EFU-20 on an 252 -Acre Parcel of Real Property Located in Section 15, Township 14 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, and Declaring an Emergency (12/09/87) 88-004 An Ordinance Repealing Ordinance No. 85-016, Relating to Land Zoned Surface Mining (SM) and Surface Mining Reserve (SMR), and Declaring an Emergency (1/27/88) 88-005 An Ordinance Amending Sections 1, 2, 3, 4, 7, 8, 16, 20, 21, 22, 23 and 27 of Ordinance No. 82-011, an Ordinance Providing For Uniform Land Use Action Procedures, Adding New Provisions; and Declaring an Emergency (5/18/88) 88-008 An Ordinance Amending Chapter 2.28 of the Deschutes County Code, Relating to Historical Preservation and Historical Landmarks Commission (8/10/88) 88-009 An Ordinance Amending Ordinance No. PL -15, the Des- chutes County Zoning Ordinance of 1979, Revising Provisions Concerning Legal Lots and Parcels, and Declaring an Emergency (3/30/88). This amended 87-015. Final Periodic Review order Appendix A -November 25, 1992 Page 84 01-19-1875 88-021 An ordinance Amending Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, As Amended, to Revise Side Setback Requirements for Certain Parcels or Lots in MUA-10 Zone, and Declaring an Emergency (5/18/88) 88-022 An Ordinance Amending ordinance No. PL -15, the Des- chutes County Zoning Ordinance of 1979, as Amended, Creating a Limited Use Combining Zone (LU), and Declaring an Emergency (6/8/88) 88-026 An Ordinance Amending Ordinance No. 86-056, Relating to Fill and Removal as a Conditional Use in Certain Zones, Amending "Sunset" Clause, to Cause the Ordinance to "Sunset" as of December 31, 1988, and Declaring an Emergency (6/30/88) 88-028 An ordinance Amending ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, as Amended, Changing the EFU-80 Zone Designation to Surface Mining (SM) on a Five -Acre Parcel of Real Property Located in Section 16, Township 14 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, and Declaring an Emergency (8/10/88) 88-030 An ordinance Amending Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, as Amended, Revising Provisions Concerning Flood Plain Zone, and Declaring an Emergency (8/17/88) 88-031 An Ordinance Amending Ordinance No. PL -20, the Des- chutes County Year 2000 Comprehensive Plan, Revising Provisions Relating to Flood Hazards, and Declaring an Emergency (8/17/88) 88-032 An Ordinance Amending Section 4.240(2)(C)(2) of Ordinance No. PL -15, the Deschutes County Zoning Ordinance of 1979, As Amended, Revising Conditional Uses of the Planned Community -Commercial District, and Declaring an Emergency (9/14/88) 88-034 An Ordinance Amending Ordinance No. PL -20, the Des- chutes County Year 2000 Comprehensive Plan, As Amended, to Take an Exception to State-wide Land Use Planning Goal 3, to Change the Designation of Certain Property From EFU-40 to Rural Industrial with a Limited Use Combining Zone, and Declaring an Emergency (11/30/88) Final Periodic Review Order Appendix A -November 25, 1992 Page 85 01-7-1 88-035 An ordinance Amending Ordinance No. -15L-1 Deschutes County Zoning ordinance of 1979, As Amended, Changing the EFU-40 Zone Designation to Rural Industrial With a Limited Use Combining Zone on an approximately 35 -acre Parcel of Real Property Located in Section 23, Township 15 South, Range 13 East of the Willamette Meridian, Deschutes County, Oregon, and Declaring an Emergency (11/30/88) 88-039 An Ordinance Amending ordinance No. PL -20, Deschutes County Year 2000 Comprehensive Plan, As Amended, By Adoption of Mineral and Aggregate Resource Inventory, Adopting Findings and Conclusions, and Declaring an Emergency (12/6/88) 88-040 An Ordinance Amending Ordinance No. PL -20, the Des- chutes County Year 2000 Comprehensive Plan, As Amended, Revising Provisions concerning Surface Mining, and Declaring an Emergency (12/14/88) 88-041 An Ordinance Amending ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, As Amended, Changing the EFU-320 Zone Designation to Surface Mining (SM) on an approximately 200 -Acre Parcel of Real Property Located in Sections I and 2, Township 19 South, Range 14 East of the Willamette Meridian, Deschutes County, Oregon, and Declaring an Emergency (12/7/88) 88-043 An Ordinance Amending ordinance No. 86-056, Relating to Fill and Removal as a Conditional Use In Certain Zones, Amending "Sunset" Clause to Cause the ordinance to "Sunset" as of March 31, 1989, and Declaring an Emergency (12/21/89) 89-003 An Ordinance Amending ordinance No. PL -20, the Des- chutes County Year 2000 Comprehensive Plan, Amending the Policies on Housing Related to Manufactured Housing, and Declaring an Emergency (2/22/89) 89-004 An Ordinance Amending ordinance No. PL -15, the Des- chutes County Zoning Ordinance of 1979, as Amended, Revising Provisions Concerning Manufactured Housing and Mobile Homes, Providing for a Sunset Clause and Declaring an Emergency (2/22/89) 89-005 An ordinance Amending ordinance No. PL -20, Deschutes County Year 2000 Comprehensive Plan, as Amended, by Changing the Zoning on a Certain Parcel From Light Industrial to Highway Commercial, and Declaring an Emergency (2/22/89) Final Periodic Review Order Appendix A -November 25, 1992 Page 86 01119-1877 89-007 An Ordinance Amending Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, as Amended, Amending the Text for a Zone Change Allowing Planned Unit Developments as a Permitted Use Within the Planned Community -Multiple Family Residential District, and Declaring an Emergency (3/22/89) 89-008 An Ordinance Amending Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, as Amended, Revising Provisions Concerning Fill and Removal, and Declaring an Emergency (3/29/89) 89-009 An Ordinance Amending Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, as Amended, Revising Provisions Concerning Flood Plain Zone, and Declaring an Emergency (3/29/89) 89-012 An Ordinance Amending Ordinance No. PL -20, the Des- chutes County Year 2000 Comprehensive Plan, as Amended, to Take an Exception to State-wide Land Use Planning Goal 3, to Change the Designation of Certain Property from EFU-20 to Rural Residential, and Declaring an Emergency (6/14/89) 89-013 An Ordinance An Ordinance Amending Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, as Amended, Changing the EFU-20 Designation to Rural Residential on an Approximately 90 -Acre Parcel of Real, Property Located in Section 4, Township 15 South, Range 10 E.W.M., Deschutes County, Oregon, and Declaring an Emergency (6/14/89) 89-014 An Ordinance Amending Ordinance No. PL -15, the Des- chutes County Zoning Ordinance of 1979, as Amended, Revising Provisions Concerning Manufactured Housing and Mobile Homes, and Declaring an Emergency (5/10/89) 89-016 An Ordinance Amending PL -15, the Deschutes County Zoning Ordinance of 1979, as Amended, Regarding Placement of Handicapped -Accessible Mobile Homes, and Declaring an Emergency (7/12/89) 89-022 An Ordinance Amending Ordinance No. PL -20, the Des- chutes County Year 2000 Comprehensive Plan, as Amended, to Change the Designation of Certain Property from Agriculture to Forest, and Declaring an Emergency (9/27/89) Final Periodic Review Order Appendix A -November 25, 1992 Page 87 0 C3 89-023 An ordinance Amending Ordinance No. PL -15, Deschutes County Zoning ordinance of 1979, as Amended, Changing the EFU-80 Zone Designation to F-3, Forest Use on a 320 -Acre Parcel of Real Property Located in Portions of Sections 17, 18, 19 and 20, Township 20 South, Range 11 East of the Willamette Meridian, Deschutes County, Oregon, and Declaring an Emergency (9/27/89) 89-024 An Ordinance Amending Ordinance No. PL -20, the Des- chutes County Year 2000 Comprehensive Plan, as Amended, to Change the Designation of Certain Property from Forest to Rural Industrial, and Declaring an Emergency (10/4/89) 89-025 An ordinance Amending ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, as Amended, Changing the Surface Mining Zone Designation to Rural Industrial with a Limited Use Combining Zone, on an 11.9 -Acre Parcel of Real Property located in Section 36, Township 21 South, Range 10 East of the Williamete Meridian, Deschutes County, Oregon, and Declaring an Emergency (10/4/89) 90-001 An Ordinance Amending Ordinance No. PL -20, the Des- chutes County Year 2000 comprehensive Plan, As Amended, to Change the Designation of Certain Property From Low Density Residential to Research and Development, and to Change the Designation of a Portion of Certain Adjoining Property From Research and Development to Low Density Residential, and Declaring an Emergency (1/3/90) 90-002 An ordinance Amending ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, As Amended, Changing the RSR -5 Zoning to Research and Development, on a Portion of a 35 -Acre Parcel of Real Property Located in Section 31, Township 16 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, and to Change the Zone Designation of a Portion of an Adjoining Parcel From Research and Development to RSR -5, and Declaring an Emergency (1/3/90) 90-003 An Ordinance Amending Title 17, "Subsivisions," of the Deschautes County Code, and Declaring an Emergency, (01/08/90) Final Periodic Review Order Appendix A -November 25, 1992 Page 88 0-11.19-18"19 90-004 An ordinance Amending Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, As Amended, Changing the EFU-20 Zone Designation to surface Mining (SM) on Approximately 10.72 -Acre Parcel of Real Property Located in Section 6, Township 15 South, Range 10 E.W.M., Deschutes County, Oregon and Declaring an Emergency (1/17/90) 90-007 An Ordinance Providing for Uniform Development Procedures, Relealing ordinance No. 82-011, Declaring an Emergency, and Setting an Effective Date, (12/12/90) 90-014 An Ordinance Amending ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, as amended, Revising Provisions Concerning Surface Mining, Declaring an Emergency and Setting an Effective Date, (7/12/90) 90-017 An ordinance Amending Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, as amended, Amending the Text on Parking and Loading Space Requirments on a Commercial Use Consisting of Supermarkets and Grocery Stores, and Declaring an Emergency, (4/11/90) 90-018 An Ordinance Amending ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, as amended, Amending the Text for a Zone Change Allowing Dog Kennels as a Conditional Use in EFU Zones, and Declaring an Emergency, (5/16/90) 90-020 An ordinance Amending Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, as amended, Revising Criteria for Setback Exception Along Rivers and Lakes, Revising Landscape Management Combining Zone Criteris, Declaring and Emergency and Setting an Effective Date, (6/6/90) 90-035 An ordinance Amending Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, as amended, Revising Provisions Concerning Surface Mining, and Declaring an Emergency, (9/5/90) 91-038 An Ordinance Amending Title 18, Deschutes County Zoning Ordinance, of the Deschutes County Code, Concerning Clarification of Standards, and New Standards for Bed and Breakfast Inns, Compgrounds, Fair Housing, Exclusive Farm Use Zone, Nonconforming Uses, Home Occupations, Fill and Removal, Mini -storage Facilities, and variances, and Declaring and Emergency, (09/30/91) Final Periodic Review Order Appendix A -November 25, 1992 Page 89 0-11-19-1880 92-001 An Ordinance Amending PL -20, Deschutes County Year 2000 Plan, to add Goals and Policies and other Comprehensive Plan Text Regarding the Siting of Destination Resorts and Declaring an Emergency, (02/07/92) 92-002 An Ordinance Amending PL -20, Deschutes County Year 2000 Comprehensive Plan, to Adopt a Map to Allow for the Siting of Destination Resorts on Certain Lands in Deschutes County and Declaring an Emergency, (02/07/92) 92-003 An Ordinance Amending Title 18 of the Deschutes County Code to Adopt Maps Zoning for Destination Resorts and Declaring and Emergency, (02/07/92) 92-004 An Ordinance Amending Title 18 of the Deschutes County Code, to Adopt an Ordinance Regulating the Siting of Destination Resorts and Declaring and Emergency, (02/07/92) 92-005 An Ordinance Amending PL -20, Deschutes County Year 2000 Comprehensive Plan Map, changing the Commercial Plan designation to Limited Rural Industrial on approximately 15 acres of real property in the LaPine Rural Service Center, and Declaring an Emergency, (01/22/92) 92-006 An Ordinance Amending Title 18 of the Deschutes County Code, the Deschutes County Zoning Map, Changing the Zone Designation from RSC to R -I and Applying the LU Combining Zone on approximately 15 Acres of Real Property in the LaPine Rural Service Center Located in Township 22 South, Range 10 East of the Willamette Meridian, Section 12, Deschutes County, Oregon, and Declaring an Emergency 92-018 An Ordinance Amending PL -20, Deschutes County Year 2000 Comprehensive Plan, to Adopt an Inventory of Historic Sites and other Comprehensive Plan Text Regarding Historic Sites and Declaring an Emergency, (03/18/92) 92-019 An Ordinance Amending PL -20, Deschutes County Year 2000 comprehensive Plan, As Amended, to Adopt Site Specific ESEE Determinations on Inventoried Historic Sites and Declaring an Emergency, (03/18/92) 92-024 An Ordinance Amending PL -20, Deschutes County Year 2000 comprehensive Plan, to Adopt Text and Goals and Policies Concerning Forest Lands and Declaring an Emergency, (04/15/92) Final Periodic Review Order Appendix A -November 25, 1992 Page 90 07-19-1-881 92-025 An Ordinance Amending Title 18, Deschutes County Zoning Ordinance, of the Deschutes County Code, to Implement the LCDC Forest Rule, and Declaring an Emergency, (04/15/92) 92-026 An Ordinance Amending Title 18 of the Deschutes County Code to Amend Zoning Maps Designating Forest Lands and Declaring an Emergency, 92-029 An Ordinance Amending PL -20, Deschutes County Year 2000 Plan, to Amend Goals and Policies Regarding Siting of Destination Resorts and Declaring an Emergency, (04/15/92) 92-030 An Ordinance Amending PL -20 Deschutes County Year 2000 Plan, to Amend the Map Allowing for the Siting of Destination Resorts on Certain Lands in Deschutes County and Declaring an Emergency, (04/15/92) 92-031 An Ordinance Amending Title 18 of the Deschutes County Code to Amend Maps Zoning for Destination Resorts and Declaring an Emergency, (04/15/92) 92-032 An Ordinance Amending Title 18 of the Deschutes County Code Regarding the Siting of Destination Resorts and Declaring and Emergency, (04/15/92) 92-033 An Ordinance Amending PL -20, Deschutes County Year 2000 Plan, to Amend Goals and Policies Regarding Open Space and Declaring an Emergency, (04/08/92) 92-034 An Ordinance Amending Title 18 of the Deschutes County Code Regarding Landscape Management Zones, and Declaring an Emergency, (04/08/92) 92-036 An Ordinance Amending Title 18 of the Deschutes County Code, adding Public Schools to the Building Height Exceptions Section of Title 18, and Declaring an Emergency, (04/22/92) 92-040 Amending PL -20, Deschutes County Year 2000 Comprehensive Plan Goals and Policies regarding fish and wildlife. (08/05/92) 92-041 Amending PL -20, Deschutes County Year 2000 Comprehensive Plan Resource Element to adopt fish and wildlife habitat inventories and ESEE conflict analysis and determinations., (08/05/92) 92-042 Amending Title 18.88, Wildlife Area Combining Zone and adds Title 18.90, Sensitive Bird and Mammal Combining Zone. (08/05/92) Final Periodic Review Order Appendix A -November 25, 1992 Page 91 92-045 Amending PL -20, Deschutes County Year 2000 Comprehensive Plan, to adopt the Federal Wetland Inventory Maps. (08/05/92) 92-047 An Ordinance Amending Title 18, Deschutes County Zoning Ordinance of the Deschutes County Code, as Amended Relating to General Conditional Use Criteria and Declaring and Emergency, (07/15/92) 92-051 Amending PL -20, Deschutes County Year 2000 Comprehensive Plan, to adopt goals and policies and text amendments to comply with periodic review. (11/25/92) 92-052 Amending PL -20, Deschutes County Year 2000 Comprehensive Plan Resource Element, to adopt Goal 5 resource inventories and ESEE analysis and decisions in accordance with OAR 660-16 and periodic review requirements. (11/25/92) 92-060 Amending and updating Comprehensive Plan Map. (11/25/92) 92-061 Amending PL -20, Deschutes County Year 2000 Comprehensive Plan, to adopt amended goals and policies for Agricultural Lands. (11/25/92) 92-062 Amending PL -20, Deschutes County Year 2000 Comprehensive Plan Resource Element for Agricultural Lands. (11/25/92) 92-063 Amending Title 18.16, Deschutes County Zoning Ordinance, Exclusive Farm Use Zones. (11/25/92) 92-064 Amending the Title 18 of the Deschutes County Code to amend the Zoning Maps to adopt designating farm zones. (11/25/92) Final Periodic Review Order Appendix A -November 25, 1992 Page 92 01-19-1883 The following ordinances have been adopted by the county as amendments to ordinance PL -20, the Deschutes County Year 2000 Comprehensive Plan and Resource Element and have not been incorporated into PL -20. These amendments will be incorporated when the county codifies the Comprehensive Plan. 85-001 Amending Deschutes County Year 2000 Comprehensive Plan to adopt Geothermal Resource Element. (02/13/85) 86-019 Amending ordinance No. PL -20, Adopt Deschutes River Corridor Goals and Policies, Adopt Findings & Conclusions, (06/30/86). 86-020 Amending Ordinance No. 80-216, Adopt Deschutes River Corridor Goals and Policies, Adopt Findings & Conclusions, (07/30/86). 86-052 Amending ordinance No. PL -20, Adopt New Transportation Plan and Transportation Plan Map (06/25/86). 88-031 Amending ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan, Revising Provisions Relating to Flood Hazards, and Declaring an Emergency (8/17/88). 88-034 Amending ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan, As Amended, to Take an Exception to State-wide Land Use Planning Goal 3, to Change the Designation of Certain Property From EFU-40 to Rural Industrial with a Limited Use Combining Zone, and Declaring an Emergency (11/30/88). 88-039 Amending ordinance No. PL -20, Deschutes County Year 2000 Comprehensive Plan, As Amended, By Adoption of Mineral and Aggregate Resource Inventory, Adopting Findings and Conclusions, and Declaring an Emergency (12/6/88). 88-040 Amending Ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan, As Amended, Revising Provisions concerning Surface Mining, and Declaring an Emergency (12/14/88). 89-003 Amending ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan, Amending the Policies on Housing Related to Manufactured Housing, and Declaring an Emergency (2/22/89). Final Periodic Review Order Appendix A -November 25, 1992 Page 93 0 1 1-19-1884 89-012 Amending Ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan, as Amended, to Take an Exception to State-wide Land Use Planning Goal 3, to Change the Designation of Certain Property from EFU-20 to Rural Residential, and Declaring an Emergency (6/14/89). 89-022 Amending Ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan, as Amended, to Change the Designation of Certain Property from Agriculture to Forest, and Declaring an Emergency (9/27/89). 89-024 Amending Ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan, as Amended, to Change the Designation of Certain Property from Forest to Rural Industrial, and Declaring an Emergency (10/4/89). 92-001 Amending PL -20, Deschutes County Year 2000 Plan to add Goals and Policies and other Comprehensive Plan text regarding the siting of destination resorts. (02/07/92) 92-002 Amending PL -20, Deschutes County Year 2000 Comprehensive Plan to adopt a map for the siting of destination resorts on certain lands in the county. (02/07/92) 92-018 Amending PL -20, Deschutes County Year 2000 Comprehensive Plan, to adopt an inventory of historic sites and other comprehensive plan text regarding historic sites. (03/18/92) 92-019 Amending PL -20, Deschutes County Year 2000 Comprehensive Plan, to adopt site specific ESEE Determinations on inventoried historic sites. (03/18/92) 92-024 Amending PL -20, Deschutes County Year 2000 Comprehensive Plan, to adopt forest lands goals and policies to comply with the Goal 4 administrative rule. (04/15/92) 92-029 Amending PL -20, Deschutes County Year 2000 Comprehensive Plan policies to permit destination resorts as conditional use in the F-2 zone and prohibiting destination resorts in the F-1 zone. (04/15/92) 92-030 Amending PL -20 Deschutes County Year 2000 Comprehensive Plan to adopt the Destination Resort Combining Zone Map for Forest lands. (04/15/92) Final Periodic Review Order Appendix A -November 25, 1992 Page 94 92-033 Amending PL -20 Deschutes County Year 2000 Plan to amend goals and policies regarding open space. (04/08/92) 92-040 Amending PL -20, Deschutes County Year 2000 Comprehensive Plan Goals and Policies regarding fish and wildlife. (08/05/92) 92-041 Amending PL -20, Deschutes County Year 2000 Comprehensive Plan Resource Element to adopt fish and wildlife habitat inventories and ESEE conflict analysis and determinations. (08/05/92) 92-043 Amending PL -20, Deschutes County Year 2000 Comprehensive Plan to adopt Wildlife Area Combining Zone Map and Sensitive Bird and Mammal Combining Zone Map. (05/20/92) 92-045 Amending PL -20, Deschutes County Year 2000 Comprehensive Plan to adopt Federal Wetland Inventory Map. (08/05/92) 92-047 Amending Title 18, Deschutes County Zoning Ordinance, relating to general conditional use criteria. (07/15/92) 92-051 Amending PL -20, Deschutes County Year 2000 Comprehensive Plan, to adopt goals and policies and text amendments to comply with periodic review. (11/25/92) 92-052 Amending PL -20, Deschutes County Year 2000 Comprehensive Plan Resource Element, to adopt Goal 5 resource inventories and ESEE analysis and decisions in accordance with OAR 660-16 and periodic review requirements. (11/25/92) 92-060 Amending PL -20, the Deschutes County Year 2000 Comprehensive Plan, to amend the Plan Maps to conform to the Zoning Maps. (11/25/92) 92-061 Amending PL -20, the Deschutes County Year 2000 Comprehensive Plan to codify plan maps and to conform the map to zoning maps. (11/25/92) 92-062 Amending PL -20, Year 2000 Comprehensive Plan, to adopt text and goals and policies concerning agricultural land. (11/25/92) 92-063 An Ordinance Amending PL -20, the Deschutes County Year 2000 Plan, as Amended, to Adopt Text concerning Agricultural Lands for the Comprehensive Plan Resource Element. (11/25/92) Final Periodic Review Order Appendix A -November 25, 1992 Page 95 APPENDIX CO"ARISON BETWEEN TILE 18 AND PL -15 TITLE 18 CHAPTERS PL -15 ARTICLE/SECTION (NEW) (OLD) TITLE, PURPOSE AND DEFINITIONS 18.04.010 18.04.020 18.04.030 BASIC PROVISIONS 18.08.010 18.08.020 18.08.030 ESTABLISHMENT OF ZONES 18.12.010 18.12.020 18.12.030 18.12.040 1.010 1.020 1.030 2.010 2.020 2.030 3.010 3.020 3.030 3.040 EXCLUSIVE FARM USE ZONE - EFU-320 18.16 4.010 EXCLUSIVE FARM USE ZONE - EFU-80 18.20 4.020 EXCLUSIVE FARM USE ZONE - EFU-40 18.24 4.030 EXCLUSIVE FARM USE ZONE - EFU-20 18.28 4.040 Periodic Review Order Appendix B - November 25, 1992 Page 96 TITLE 18 CHAPTERS PL -15 ARI!ICLE/SECTION (NEW) (OLD) MULTIPLE USE AGRICULTURAL ZONE - MUA 18.32 4.060 FOREST USE ZONE - F-1 18.36 4.070 FOREST USE ZONE - F-2 18.40 4.080 FOREST USE ZONE - F-3 18.44 4.085 OPEN SPACE AND CONSERVATION ZONE - OS&C 18.48 4.090 SURFACE MINING ZONE - SM 18.52 4.100 SURFACE MINING IMPACT AREA COMBINING ZONE - SMIA 18.56 RURAL RESIDENTIAL ZONE - RR -10 18.60 4.120 RURAL SERVICE CENTER ZONE - RSC 18.64 4.130 RURAL SERVICE RESIDENTIAL -M - RSR -M 18.68 4.140 Periodic Review Order Appendix B - November 25, 1992 Page 97 TITLE 18 CHAPTERS (NEW) 0-',- 1 19-1883 PL -15 ARTICLE/SECTION (OLD) RURAL SERVICE RESIDENTIAL -5 - RSR -5 18.72 4.150 AIRPORT DEVELOPMENT ZONE - A -D 18.76 4.160 AIRPORT HEIGHT COMBINING ZONE - A -H 18.80 4.170 LANDSCAPE MANAGEMENT COMBINING ZONE - LK 18.84 4.180 WILDIIFE AREA COMBINING ZONE - WA 18.88 4.190 CONVENTIONAL HOUSING COMBINING ZONE - CH 18.92 FIA)OD PLAIN ZONE - FP 18.96 4.210 RURAL INDUSTRIAL ZONE - R -I 18.100 4.220 RESEARCH AND DEVELOPMENT ZONE - R&D 18.104 4.230 PLANNED COMMUNITY ZONE - PC 18.108 4.240 Periodic Review Order Appendix B - November 25, 1992 Page 98 TITLE 18 CHAPTERS (NEW) 0 t -719-18S9 PL -15 ARTICLE/SECTION (OLD) LIMITED USE COMBINING ZONE - LU 18.112 4.250 SUPPT NTARY PROVISIONS 18.116.010 18.116.020 18.116.030 18.116.040 18.116.050/080 18.116.090 18.116.100 18.116.110 18.116.120 18.116.130 18.116.140 18.116.150 18.116.160 18.116.170 18.116.180 18.116.190 18.116.200 18.116.210 EXCEPTIONS 18.120.010 18.120.020 18.120.030 18.120.040 18.120.050 SITE PLAN REVIEW 18.124.010 18.124.020 18.124.030 18.124.040 18.124.050 18.124.060 18.124.070 5.010 5.020 5.040 5.090 5.100/140 5.150 5.160 5.170 5.180 5.210 5.220 5.230 5.240 5.260 5.300 5.350 5.400 5.500 6.010 6.020 6.040 6.050 6.060 7.010 7.020 7.030 7.040 7.050 7.060 7.070 Periodic Review Order Appendix B - November 25, 1992 Page 99 TITLE 18 CHAPTERS (NEW) 0-4.19-1890 PL -15 ART!ICLE/SECTION (OLD) CONDITIONAL USE 18.128.010 18.128.020 18.128.030 18.128.040 18.128.050 18.128.060 18.128.070 VARIANCES 18.132.010 18.321.020 18.132.030 18.132.040 18.136.010 18.136.020 18.136.030 18.136.040 ADMINISTRATIVE PROVISIONS 18.140.010 18.140.020 18.140.030 18.140.040 18.140.050 18.140.060 18.140.070 18.140.080 18.140.090 GENERAL PROVISIONS 18.144.010 18.144.020 18.144.030 18.144.040 18.144.050 18.144.060 18.144.070 18.144.080 18.144.090 8.010 8.030 8.040 8.050 8.060 8.070 8.080 9.010 9.020 9.030 9.040 10.010 10.020 10.025 10.050 11.010 11.020 11.030 11.040 11.050 11.060 11.070 11.080 11.090 12.010 12.020 12.030 12.040 12.060 12.070 12.080 12.090 Periodic Review Order Appendix B - November 25, 1992 Page 100