1994-24338-Ordinance No. 94-028 Recorded 6/16/1994RIVIMED
94-24338
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS FORI�DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 22, * 01 35 44 �
the Development Procedures * ��
Ordinance, Adding a Deschutes* 47
River Corridor Design Review
Procedure and Declaring an *'
Emergency.
ORDINANCE NO. 94-028
WHEREAS, the City of Bend has previously adopted an ame"tidmiint to
Ordinance No. NS -1556, the City of Bend Land Use Procedures Ordinance,
to create a design review process in the Deschutes River Corridor; and
WHEREAS, Title 22 of the Deschutes County Code should be
consistent with the City of Bend's Land Use Procedures regarding Design
Review in the Deschutes River Corridor; and
WHEREAS, the Bend Urban Area Planning Commission, after review
conducted in accordance with applicable law, has recommended approval
of the proposed Text Amendments to Title 22; and
WHEREAS, after notice was given and hearing conducted in
accordance with applicable law, the Board of County Commissioners has
considered the Planning Commission's recommendation; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS AS FOLLOWS:
Section 1. A new Chapter 22.22, "Deschutes River Corridor Design
Review," is added to Title 22 as follows:
Section 22.22.010 Deschutes River Corridor Design Review
Procedures.
For all property subject to the Deschutes River Design Review
process under Title 19 of the Deschutes County Code, the following
procedures shall apply:
A. There shall be two types of review for Design Review
depending on the level and type of activity proposed.
1. Type I review shall be performed by the Planning
Director for the following activities:
a. Minor alterations of 10 percent or less to an
existing building facade facing river.
b. Changes in window or door placement visible from
the river.
C. Changes in parking locations.KEYfli-994
14rC1
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0135-2245
d. Fill or removal activity within 10 feet of the
ordinary high water mark of the Deschutes River.
The Planning Director, at his/her discretion, may refer
a Type I application to the Bend Urban Area Planning
Commission for approval. The Planning Commission's
consideration shall be subject to Type II procedures.
2. Notwithstanding Section 22.24.020(1), Type II review
shall be performed by the Bend Urban Area Planning
Commission for the following activities:
a. Appeal of a Type I decision.
b. New construction and new development.
C. Master Plan approval for large scale projects.
d. Variances to application under Section 19.76.090
of Title 19.
e. Fill and removal activities associated with new
development or for creation of fire breaks in
association with appropriate fire prevention
authorities.
B. Type I Procedures: The applicant shall request approval for
a Type I procedure in writing to the Planning Division. The
request shall include a site plan and a description of work
and materials that will be used. The Planning Director shall
review the request and respond to the applicant in writing of
the decision and any conditions placed on the decision.
C. Type II Procedures: Type II review shall be conducted by the
Bend Urban Area Planning Commission as follows:
1. Notice for Type II applications shall be as set forth in
Section 22.24.030, Notice of Hearing or Administrative
Action, and Section 22.24.040, Contents of Notice. The
Commission may hold a public hearing for any Type II
applications. The hearings procedure shall be as set
forth in Chapter 22.24, Land Use Action Hearings.
2. Appeals of the decision of the Bend Urban Area Planning
Commission shall be to the Board of County Commissioners
and the process shall be as set forth in Chapter 22.32,
Appeals.
D. Where the procedures in this section conflict with other
provisions of this title with respect to Deschutes River
Corridor Design Review, the provisions of this title shall
prevail.
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0135-2?46
Section 2. EMERGENCY AND EFFECTIVE DATE. This Ordinance being
necessary for the immediate preservation of the public peace, health
and safety, an emergency is declared to exist and this Ordinance takes
effect on its passage.
DATED this 15th day of June, 1994.
BOARD OF COUNTY COMMISSIONERS
OFIDESCHUTES_COUNTY, OREGON
ATTEST:
Recording Secretary
EN, Chair
TOMROOF, Co issioner
BARRY H. LAUGHTER, Commissioner
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