2003-916-Ordinance No. 2003-015 Recorded 6/2/2003REVIEWED
LEGA COUNSEL
REVIEWED
CODE REvTf7W COMMITTEE
DESCHUTES COUNTY OFFICIAL RECORDS CJ 1003'96
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 06/02/2003 03:38:57 PM
1111111111111111111111111111111111111
2003-000930
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 23, the Deschutes
County Comprehensive Plan, To Adopt an
Exception to Goal 4 and Goal 11, To Adopt Text
to Allow a Specific Use Through Exceptions to
Goal 4 and Goal 11 and To Amend the
Comprehensive Map to Change the Plan
Designation for Certain Property From Forest to
Rural Residential Exception Area, and Declaring
an Emergency.
* ORDINANCE NO. 2003-015
WHEREAS, Oregon Water Wonderland Unit 2 Sewer District and the United States Department of
Agriculture, U.S. Forest Service, applied for a plan amendment to change the County Comprehensive Plan
Designation from Forest to Rural Residential Exception Area, and change the zoning of the property from Forest
Use 2 (F-2) to Rural Residential (RR -10) with a limited use combining zone in order to allow for the
construction of a sewer plant on the subject property; and
WHEREAS, in order to change the Comprehensive Plan and the zoning, the application requested the
County adopt an exception to Statewide Planning Goals 4 (Forest Lands) and 11 (Public Facilities and Services);
and
WHEREAS, because the subject property is currently zoned F-2 and the proposed sewer plant is not an
allowed use in that zone, and reasons justify approval of the application changing the subject property zoning
from F-2 to RR -10, in order to make such a change, ORS 197.732 requires the County adopt exceptions to
Statewide Planning Goals 4 (Forest Lands) and Goal 11 (Public Facilities and Services) and that the
Comprehensive Plan be amended into include an exception statement and findings; and
WHEREAS, in order to adopt the exceptions to Goals 4 and 11, the Public Facilities section of the
Deschutes County Comprehensive Plan must be amended to include a policy statement in support of the
addition of a Limited Use Combining Zone (LUC) to the text of the Rural Residential Zone and the application
of the LUC to the subject property; and
WHEREAS, public hearings were held before the County Planning Commission on November 14, 2002
and December 12, 2002, after notice was given in accordance with applicable law; and
PAGE 1 OF 3 - ORDINANCE NO. 2003-015(6/02/03)
WHEREAS, the Planning Commission recommended approval of the proposed amendment; and
WHEREAS, a de novo public hearing was held on February 25, 2003, after notice was given in
accordance with applicable law, before the Board of County Commissioners; and
WHEREAS, the Board of County Commissioners approved the change in plan designation from Forest
to Rural Residential Exception Area through issuance of an oral decision on March 19, 2003; and
WHEREAS, the Board of County Commissioners approved this change in plan designation through
issuance of their Findings and Decision attached as Exhibit "C" now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Chapter 23.120, Goal Exception Statement, is amended to read as
shown in Exhibit "A" attached to this ordinance and by reference incorporated herein, to adopt an exception
statement for certain property as described in Exhibit "A" and depicted on Exhibit `B" attached to Ordinance
Number 2003-012 and incorporated by reference herein.
Section 2. AMENDMENT. The Deschutes County Comprehensive Plan Map is hereby amended to
change the plan designation for certain property described in Exhibit "A" and depicted on Exhibit `B" attached
to Ordinance Number 2003-012 (to be adopted subsequently to this ordinance), and incorporated by reference
herein, from Forest to Rural Residential Exception Area.
Section 3. AMENDMENT. DCC Chapter 23.68, Public Facilities and Services, is amended to include
a new subsection (2)(1) as shown in Exhibit `B" attached to this ordinance and incorporated by reference herein.
Section 4. FINDINGS. In support of this ordinance, the Board adopts its decision for file PA -02-5
attached to Ordinance Number 2003-012 as Exhibit "C" and incorporated by reference herein.
PAGE 2 OF 3 - ORDINANCE NO. 2003-015(6/02/03)
Section 4. 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 this22 / day 11L, , 2003.
BOARD OF COUNTY COMMISSIONERS
OFDESC ES COUNTY, OREGON
n
DE IS R. LUKE, Chair
V I
TOM DEWOLF, Commissioner
r
M CHAEL M. DALY, Co issioner
Date of 1St Reading: � ' day of 2003.-07
Date of 2"d Reading: 2-� day of 2003.
Record of Adoption Vo e
Commissioner Yes No Abstained Excused
Dennis R. Luke
Tom DeWolf r/
Michael M. Daly
Effective date: day of 003.
ATTEST:
(bw/,V�
Recording Secretary
PAGE 3 OF 3 - ORDINANCE NO. 2003-015(6/02/03)
EXHIBIT "A"
23.120.170. Oregon Water Wonderland Unit 2 Sewer District.
In conjunction with the Board's approval of County file nos. PA-02-5/ZC-02-3, a "reasons"
exception to Statewide Planning Goals 4, Forest Lands, and 11, Public Facilities & Services, was
taken for certain property. The plan amendment changed the plan designation to Rural
Residential Exception Area and the zone change changed the zoning to Rural Residential with a
Limited Use Combing Zone to allow only the uses approved through the Board's decision on PA-
02-5/ZC-02-3. Reasons justifying why the state policies embodied in Goals 4 and 11 should not
apply in this situation are set forth in Exhibit "C" to Ordinance 2003-012, which findings are
incorporated herein by reference.
(Ord. 2003-015 § 1, 2003)
PAGE 1 OF 1 — EXHIBIT "A" TO ORDINANCE 2003-015 (6/02/03)
EXHIBIT "B"
23.68.020 (2) (1). Orellon Water Wonderland Unit 2 Sewer District.
Through County file nos. PA -02-5 and ZC-02-3, the Board of County Commissioners approved a
zone change for certain property in Section 25 of Township 20 South, Range 10 E.W.M. to Rural
Residential with a Limited Use Combining Zone. The Board adopted the Limited Use
Combining Zone to limit the uses that could be established on the subject property to those
approved through its written decision dated March 28 2003 and listed as follows: a sewage
treatment facility, effluent ponds, ground application of treated effluent, agricultural use, and
propagation and harvesting of a forest product.
(Ord. 2003-015 § 3, 2003)
PAGE 1 OF 1 — EXHIBIT `B" TO ORDINANCE 2003-015 (6/02/03)