1996-15937-Ordinance No. 96-032 Recorded 5/2/1996REVIEWED
96-15937
LEG},EL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES Com,
An
An Ordinance Amending Deschutes County * )_2 c1: j4
Code Title 18 to Add Text to Chapter
18.96, Flood Plain Zone, and Declaring
an Emergency.
ORDINANCE NO. 96-032 0154-1589
WHEREAS, Deschutes County participates in the National Flood
Insurance Program to allow property owners to obtain insurance for
property located in designated flood plains; and
WHEREAS, Deschutes County zoning regulations must comply with
standards set forth by the Federal Emergency Management Agency in
order for the County to continue to participate in the National
Flood Insurance Program; and
WHEREAS, Keith and Kathleen Morrow applied for a text amend-
ment to allow for expansion of commercial buildings in the Flood
Plain Zone; and
WHEREAS, after notice and hearing as required by law, the
Board of County Commissioners has considered the recommendation of
the Planning Commission; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Adoption of Amendment to Chapter 18.96 of the
Deschutes County Code Title 18. Subsection 18.96.040(I), is
amended to read as set forth in Exhibit A, attached hereto and by
this reference incorporated herein (with deleted wording in
brackets and added wording in bold).
Section 2. Findings. Findings to support this ordinance are
attached hereto as Exhibit B.
Section 3. Codification. Legal Counsel or the Code Book
Review Committee shall have the authority to format the provisions
contained herein in a manner that will integrate them into the
County Code consistent with the prescribed form and style for
ordinance codification. Such codification shall include the
authority to make format changes, to make changes in numbering
systems and to make such numbering changes consistent with inter-
related code sections. In addition, as part of codification of
these ordinances, Legal Counsel or the Code Book Review Committee
may insert appropriate legislative history references. Any
legislative history references included herein are not adopted as
part of the substance of this ordinance, but are included for
T7�Ordinance No. 96-032 - Page 1 (DRAFT) 1vilCROFILMED
�n,\
MAY 15 144 "' ' 96
0154`l 590
,administrative convenience and as a reference. They may be
changed to correct errors and to conform to proper style without
action of the Board of County Commissioners.
Section 4. Repeal of Ordinances as Affecting Existing
Liabilities. The repeal, express or implied, of any ordinance,
ordinance provision, code section or any map or line on a map by
this ordinance shall not release or extinguish any duty,
condition, penalty, forfeiture, or liability incurred under such
ordinance, unless a provision of this ordinance shall so expressly
provide, and such ordinance repealed shall be treated as still
remaining in force for the purpose of sustaining any proper action
or prosecution for the enforcement of such duty, condition,
penalty, forfeiture, or liability, and for the purpose of
authorizing the prosecution, conviction and punishment of the
person or persons who violated the repealed ordinance.
Section 5. Corrections. This ordinance may be corrected by
order of the Board of County Commissioners to cure editorial and
clerical errors and to insert appropriate legislative history
references.
Section 6. Severability. The provisions of this ordinance
are severable. If any section, sentence, clause or phrase of this
ordinance or any exhibit thereto is found to be invalid by court
of competent jurisdiction that decision shall not affect the
validity of the remaining portions of this ordinance.
Section 7. Emergency. This Ordinance being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this Ordinance
takes effect on its passage.
DATED this day of I,�96.
7n'
Recording Secretar
SMANGEN, Chair
�-010'4*,Awa
ROBE 'lY L. NIPPER, Commis6ioner
BARRY H. SLAUGHTER, Commissioner
Ordinance No. 96-032 - Page 2 (DRAFT)
Exhibit A to Ordinance 96-032
18.96.040. Conditional uses permitted.
The following uses may be allowed
subject to applicable sections of this title:
A. A roadway, bridge or utility
structure, except a landfill, that will not
impede the waters of a base flood subject
to chapter 18.128 of this title.
B. Incidental storage of
material or equipment that is either not
subject to damage by flood, or is mobile
and readily removable from the area
within time available after flood warning.
If such material is not readily removable,
it shall be anchored to prevent flotation
and shall not obstruct water flow.
Material or equipment stored shall include
only items which will not create a hazard
to the health or safety of persons,
property, animals or plant life should the
storage area be inundated.
C. Single-family dwelling, or a
manufactured home subject to section
18.116.070, on an individual lot. In
addition to the other requirements of this
chapter, single- family dwellings proposed
to be sited in areas of the Flood Plain
Zone designated "Agriculture" on the
Comprehensive Plan Map may be
approved only as uses identified by
sections 18.16.030(A), (B), (D) or (E) and
subject to the applicable provisions of
chapter 18.16 governing those uses. In
addition to the other requirements of this
chapter, single- family dwellings proposed
to be sited in areas of the Flood Plain
Zone designated "Forest" on the
Comprehensive Plan Map may be
approved only as uses identified by
sections 18.36.030(Y), 18.040.030(X) or
18.040.030(Y) and subject to the
applicable provision of chapters 18.36 and
18.40 governing those uses.
D. Agricultural accessory
buildings.
E. Hydroelectric facilities
subject to sections 18.116.130 and
18.128.0400.
F. Excavation, grading and fill
and removal within the bed and banks of
a stream or river or in a wetland, subject
to sections 18.120.050 and 18.128.040(W).
Excavation, grading and fill within any
area of special flood hazard identified in
section 18.96.020 Of this title.
G. Recreational uses requiring
only structures having an insignificant
effect on flood waters, such as golf
courses, tennis courts, driving ranges,
archery ranges, picnic grounds, boat
launching ramps, swimming areas, wildlife
or nature preserves, game farms, fish
hatcheries, shooting preserves and hunting
or fishing areas subject to chapter 18.128,
except in areas designated "Forest" or
"Agriculture" on the Comprehensive Plan
Map.
H. Subdividing or partitioning
of land, any portion of which is located in
a flood plain, subject to the provisions of
this title and Deschutes County Code Title
17, the Subdivision/Partition Ordinance.
I. Expansion or substantial
improvement of an existing dwelling, an
agricultural related structure, a
commercial, industrial or other non-
residential structure, or an accessory
building.
J. A boat dock or pier, either
individual or community, on private
property which lies in the following areas:
1. On the Deschutes River
between river miles 226.4 and 224.5. This
area is identified in the Scenic Waterway
Management Plan as the Wickiup River
Community Area;
2. On the Deschutes River
between river miles 217.5 and 216.5. This 0154-1592
area is identified in the Scenic Waterway
Management Plan as the Pringle Falls
River Community Area; and
3. On the Deschutes River
between river miles 207 and 192. This
area is identified in the Scenic Waterway
Management Plan as River Community
Areas and Recreational River Area
respectively.
K. Those recreational uses
described in section 18.36.030, "F-1 -
Conditional Uses," having an insignificant
effect on flood waters where the subject
Flood Plain -zoned site is designated by the
Comprehensive Plan Map as "Forest" and
is adjacent to land zoned F-1.
L. Those recreational uses
described in section 18.040.030, "F-2 -
Conditional Uses," having an insignificant
effect on flood waters where the subject
Flood Plain -zoned site is designated by the
Comprehensive Plan Map as "Forest" and
is adjacent to land zoned F-2.
JTESWX
C
Community Development Department
Administration Bldg., 1 130 N.W. Harriman, Bend, Oregon 97701
(541) 388-6575
FAX 385-1764
Plannin Division
MEMORANDUM g
Building Safety Division
0- 5415593 Environmental Health Division
DATE: April 22, 1996
TO: Deschutes County Board of Commissioners
FROM:
David B. Leslie, Associate
Planne9,,J�
SUBJECT:
Text Amendment to Chapter
18.96,
Flood Plain Zone
The applicant, Keith and Kathleen Morrow, has proposed an
amendment to allow the expansion of existing commercial
structures located in the Flood Plain (FP) Zone. This
amendment, if approved, would allow the applicant to apply
for a conditional use permit and site plan review to remodel
and expand the Trout House restaurant located in Sunriver.
Subsection 18.96.080 of the County Code contains conditional
use criteria for "new construction and substantial
improvement to commercial, industrial or other nonresidential
structure..."
However, the uses permitted either outright or conditionally
in the FP zone do not include these uses. Thus, criteria
exist for uses which are not allowed. (Expansion or
substantial improvement to existing dwellings, structures
related to agriculture or accessory buildings is permitted as
a conditional use.)
The proposed amendment to the County Code would allow
expansion or substantial improvement to commercial,
industrial or other nonresidential structures as a
conditional use. These uses would then be consistent with
the existing criteria as described above.
The amendment as proposed would not allow new construction of
commercial or industrial structures. Therefore, the County
would not be allowing new uses in identified flood hazard
areas beyond what is already permitted in the ordinance. The
proposed revisions are consistent with Federal Emergency
Memorandum - BOCC 5-XHISIT Ord
April 22, 1996
Page 1 Pag4§_—.._ w
Quality Services Performed with Pride
Management Agency regulations pertaining to the National
Flood Insurance Program (NFIP). The County must maintain
conformity to these regulations to remain in good standing in
the NFIP.
The Planning Commission held a public hearing on this matter
and recommends that the Board adopt the proposed changes as
described above. Maps were presented at the Planning
Commission hearing to illustrate the relationship between the
identified flood hazard area on the Flood Insurance Rate Maps
adopted by the County and areas zoned for commercial or
industrial development in the Spring River Road, Tumalo,
Sunriver, LaPine and Brothers areas.
The Trout House restaurant appears to be the only existing
commercial or industrial use in Deschutes County located in a
flood plain which would benefit from this ordinance revision.
This is further evidence that the proposed revision would
not significantly alter the overall pattern of development in
the flood plain. The existing conditional use criteria will
ensure that any expansion or substantial improvement to this
use will occur in a manner which is consistent with the NFIP
regulations.
DBL:slr
0154-1!-794
Memorandum - BOCC
April 22, 1996
Page 2