2000-834-Ordinance No. 2000-018 Recorded 8/11/2000VOL: CJ2000 PAGE: 834
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*CJ2000-834 * Vol -Page Printed: 08/16/2000 14:37:27
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
Aug. 11, 2000; 1:28 p.m.
Ordinance (CJ)
NUMBER OF PAGES: 4
Lv� o-, 0,-�
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
El ' ._ t X00(►
C1.��-Psy
I LEG COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES WUNTY,
OREGON
010
An Ordinance Amending PL -20, the Deschutes * ,
County Comprehensive Plan to Add a New * �OhN ill Gl_tFi
Plan Policy to the Forest Lands Chapter of the
Plan.
ORDINANCE NO. 2000-018
WHEREAS, the Deschutes County Planning Commission, after conducting a public
hearing in accordance with applicable law, has recommended proposed changes to the Forest
Lands section of the Deschutes County Comprehensive Plan; and
WHEREAS, after notice was given and hearing conducted on June 28, 2000 before the
Board of County Commissioners in accordance with applicable law, and 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. AMENDMENT. The Forest Lands chapter of the Deschutes County
Compre ennsi Plan, PL -20, is amended to add a new Plan Policy to read as set forth in Exhibit
"A," attached hereto and by this reference incorporated herein, with new language underlined.
Section 2. FINDINGS. The Board of County Commissioners adopts as its findings and
conclusionsin support of the amendment set forth herein the Findings attached hereto as Exhibit
"B," and by this reference incorporated herein.
DATED this day of August, 2000.
BOARD PF COUNTY OMMISSIONERS
OF DESJMUTES COUKW. OREGON
ATTEST:
Recording Secretary
PAGE 1 OF 1 - ORDINANCE NO. 2000-018 (8/9/00)
' _ r
Exhibit "A"
8. Notwithstanding any other quasi-judicial plan or zone change criteria
lands designated as Forest under the Plan and zoned Forest Use 2
under the zoning ordinance may upon application be redesignated
under the Plan from Forest to Agriculture and rezoned under the
zoning ordinance from Forest Use 2 to Exclusive Farm Use if such
lands: (a) do not qualify under state law for forestland tax deferral, (b)
are not necessary to permit forest operations or practices on adjoining
lands and do not constitute forested lands that maintain soil, air, water
and fish and wildlife resources, (c) have soils on the property that fall
within the definition of agricultural lands as set forth in Goal 3, (d) are
a tract of land 40 acres or less in size, (e) do not qualify under state
law and the F-2 zone for a dwelling, and (f) were purchased by the
property owner after January 1, 1985 but before November 4, 1993.
Such changes may be made regardless of the size of the resulting
EFU-Zoninq district. Such changes shall be processed in the same
manner as other quasi-judicial plan or zoning map changes."
Page I of I — Exhibit "A" to Ordinance No. 2000-018 (6/28/00)
EXHIBIT "B"
FINDINGS OF BOARD OF COUNTY COMMISSIONERS SUPPORTING AN
AMENDMENT TO THE DESCHUTES COUNTY COMPREHENSIVE PLAN TO ADD AN
EIGHTH (8T") PLAN POLICY TO THE FOREST LANDS CHAPTER.
Purpose.
The purpose of these findings is to support the adoption by the Board of County
Commissioners (Board) of an amendment to the Deschutes County Comprehensive Plan
(plan) to add an eighth (8th) plan policy to the Forest lands chapter of the plan. The policy
provides an opportunity for an owner of property planned and zoned for forest uses to apply
for quasi-judicial comprehensive plan and zoning maps amendments to change the applicable
plan designation and zoning from forest lands to agriculture. The purpose behind this
amendment is to address situations in which property is zoned for Forest use and which
cannot be developed with a single dwelling under the terms of the Forest Zone.
2. This amendment changes the text of the comprehensive plan and does not approve a change
in the plan map designation or the official zoning map designation for a property or a group
of properties.
Procedural Background.
3. The Board directed the Deschutes County Planning Division (Division) to amend the
comprehensive plan to address situations in which an owner of property planned and zoned
for Forest uses under the plan could initiate and propose a change of plan designation and
zoning to Exclusive Farm Use (EFU).
4. The Division and County Legal Counsel developed an initial draft of this amendment and
presented this to the Deschutes County Planning Commission (Commission) at their
February 10, 2000 meeting. The Division held an additional work session with the
Commission on March 30, 2000 before conducting a public hearing on the amendment.
The Commission held a public hearing on this proposed amendment on April 13, 2000.
Notice of this hearing was sent to the Department of Land Conservation and Development
(DLCD) on February 14, 2000. At the conclusion of the hearing, the Commission held the
written record open for one (1) week to receive additional written comments. At their April
27, 2000 meeting, the Commission directed staff to consider amending the proposed policy
to address concerns raised in public testimony over the potential uses of the amendment.
Staff prepared additional language for the amendment that limited the availability to a
smaller population of properties that may benefit from a change in plan designation and
zoning so that a property owner could develop at least one (1) dwelling and added this
language to the draft that the Commission voted to forward to the Board as their
recommendation at their May 25, 2000 meeting.
PAGE l OF 2 — EXHIBIT "B" TO ORDINANCE NO. 2000-18
6. The Board of Commissioners held a work session on this amendment on June 26, 2000 and a
public hearing on June 28, 2000. The Board received oral and written testimony at this
hearing that is part of the record. The Board also left the written record open for one (1)
week after the close of the hearing to receive additional written comments.
7. The Board of Commissioners held a first reading of the ordinance, as forwarded by the
Planning Commission, on July 12, 2000.
Conclusions.
8. Goal 5 Resources. One of the issues raised in public testimony was the potential impact of
allowing additional dwellings in deer winter range protected as a Statewide Planning Goal 5
resource. The Board finds that the proposed policy will not negatively impact the deer winter
range because the proposed amendment provides a set of criteria with which to review a
requested change in plan designation and zoning from Forest Use to Exclusive Farm Use.
The potential change in zoning limits the ability to develop land because the EFU Zone exists
to preserve and maintain agricultural lands and to serve as a sanctuary for farm uses. A
change in zoning under this proposed policy would not automatically guarantee a dwelling
for an applicant. An applicant will still need to obtain a land use permit from the County in
order to develop a residence under the terms of the EFU Zone. Additionally, the avenue for a
change in zoning would not relieve an applicant from complying with the terms of the
Wildlife Area Combining (WA) Zone. DCC Chapter 18.88 contains regulations on
development of dwellings and standards for fences in the WA Zone. The Board finds that
compliance with the requirements of the WA Zone will permit development of a dwelling
compatible with the protection of the wildlife resource.
9. Statewide Planning Goals. The Board finds that the Staff Report to the Planning
Commission dated April 6, 2000 includes findings that show the proposed amendment
complies with the applicable Statewide Planning Goals and adopts those findings in support
of this amendment.
PAGE 2 OF 2 — EXHIBIT `B" TO ORDINANCE NO. 2000-18