2009-1162-Ordinance No. 2009-007 Recorded 4/23/2009REVIEWED
LEGAL COUNSEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
111111!ii
RECORDS
CLERK 1iJ 1~ r7 +
04/23/2009 12;18;52 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 23, the Deschutes County Comprehensive Plan,
to Adopt Exceptions to Goals 3 and 14 To Change
the Plan Designation for Certain Property From a
Limited Use Combining Zone (LU) to a New Limited
Use Combining Zone (LU) and Declaring and
Emergency.
* ORDINANCE NO. 2009-007
*
WHEREAS, 4-R Equipment, LLC proposed, Deschutes County Comprehensive Plan and Plan Map
amendments to adopt goal exceptions to Statewide Planning Goals 3 (Agricultural Lands) and 14 (Urbanization)
and to change the comprehensive plan designation of certain property from a Limited Use Combining Zone
(LU) to a new Limited Use Combining Zone (LU) to expand the types of minerals that can be stored, crushed,
processed, sold and distributed on the subject property within the Limited Use Combining (LU) zone in
Deschutes Junction; and
WHEREAS, a duly noticed public hearing was held on January 6, 2009 before the Deschutes County
Hearings Officer and, on February 10, 2009 the Hearings Officer recommended approval of the zone change;
and
WHEREAS, a duly noticed public hearing was held on March 16, 2009 before the Board of County
Commissioners ("Board"), and
WHEREAS, the Board, after review conducted in accordance with applicable law, approved the Goal
Exception to Goal 3 and Goal 14 to change the comprehensive plan designation from Rural Industrial (RI) with
a Limited Use Combining Zone (LU) to Rural Industrial with a new (expanded) Limited Use Combining Zone
(LU); and,
WHEREAS, Deschutes County Ordinance 2000-017 ordained the Deschutes County Comprehensive
Plan Map to be a component of DCC Title 23 and, therefore, any amendment to the Plan Map is an amendment
to DCC Title 23; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Section 23.24.030, Policies (Rural Development), is amended as
described in Exhibit "A", attached hereto and by this reference incorporated herein, with language to be deleted
in stfikethfoug and added in underline.
Section 2. AMENDMENT. DCC Section 23.120.110, Rural Industrial Zone, is amended as described
in Exhibit "B", attached and incorporated by reference herein, with language to be deleted in slrikethfatt and
added in underline.
PAGE 1 OF 2 - ORDINANCE NO. 2009-007 (04/20/09)
Section 3. AMENDMENT. DCC Title 23, The Deschutes County Comprehensive Plan Map, is
amended to change the plan designation for certain property described in Exhibit "C" and depicted on the map
set forth as Exhibit "D," attached and incorporated by reference herein, from a Limited Use Combining Zone
(LU) to a new Limited Use Combining Zone (LU) of the same title.
Section 4. FINDINGS. The Board adopts as its findings in support of this decision Exhibit "E," attached
and incorporated by reference herein.
Section 5. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an
emergency is declared to exist and this Ordinance takes effect on its passage.
Dated this . of
V'`
`tt t_ , 2009 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAM B Y, CHA
n
DENNIS R. LUKE, VICE CHAIR
A ST:
Recording Sec'retfjy ALAN UNGER, COMMISSIONER
Date of 1" Reading: 2-0 day of f4(2V' j, 2009.
Date of 2°d Reading: C_;~day of 410 r C I 2009.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tammy Baney X
Dennis R. Luke
Alan Unger
Effective date: 02?0-day of r1 2009.
ATTEST:
/Recording Secreta
PAGE 2 OF 2 - ORDINANCE NO. 2009-007 (04/20/09)
Chapter 23.24 RURAL DEVELOPMENT
23.24.010. Rural Development.
23.24.020. Goals.
23.24.030. Policies.
23.24.010. Rural Development.
The primary duty of this comprehensive plan is to guide growth and development in the rural areas of
Deschutes County. The Urbanization chapter discusses urban area growth, but the primary plans for the
County's major communities are the three urban area plans. The Deschutes County Comprehensive Plan is
focused upon the changes that will be taking place outside the urban growth boundaries. This chapter is
meant to tie together the various more specific chapters that deal with resource and growth management so
that an integrated plan for the development of the County may be obtained.
Being the fastest growing County in Oregon has meant many changes for Deschutes County. Some of the
changes, such as improved social, cultural and economic opportunities, are seen as beneficial. Others, such
as traffic congestion, loss of scenic views, and rising taxes to pay for public services, are changes most
people would like to do without.
Recent years have witnessed Countywide growth occurring at about 6.3 per cent annually. The present
population of Deschutes County is estimated at 49,700. Growth is expected to continue at a slower rate (4.5
per cent annually) to the year 2000. By that time, the County will likely have about 128,200 residents. Of
that number, 84,000 will be in the Bend Urban Area; another 23,093 will be in and around Redmond; 2,135
are expected for Sisters; and La Pine will have incorporated and reached an urban area population of 3,620.
That leaves a rural population of 15,350 people, up from an estimated 8,300 presently.
To accommodate the new rural population will require 3,039 lots (assumes 2.32 persons per household).
There were available in Deschutes County, as of January 1, 1979, 17,377 undeveloped rural tract and
recreational lots. It appears that Countywide there is in excess of 14,000 lots beyond the publics housing
needs until the year 2000. That does not preclude the possibility of certain areas needing new lots, since the
vast majority of those existing lots are in the La Pine area, but it does indicate the County must give serious
review before approving any further rural development.
Much of the development that has occurred locally has been the standard parcelization of land into small
(less than 10 acres) lots. This dispersed pattern is often the most costly to serve; the most wasteful of
energy, land and resources; the least esthetic; and the most destructive to rural character. Planned
Developments, such as Indian Ford Planned Development, often provide a more efficient and beneficial
manner in which to serve the public demand for rural recreational or residential experience. Destination
resorts, such as Black Butte Ranch and dude ranches, have been found locally to be economically and
socially desirable land uses, when located and developed consistent with the capabilities of the land and the
abilities of various public and private agencies to serve that area.
Recreational subdivision was originally seen as a benefit to the County as the non-resident landowners
would be contributing to the County tax base. This probably resulted in areas like La Pine subsidizing other
portions of the County. Now the recreation subdivisions are filling up with retirees and younger people
seeking less expensive building lots. The result is a call for more services in areas far from existing service
facilities and in subdivisions where roads and other improvements were meant only for seasonal and limited
use. As demand continues to grow, to provide adequate service levels it will be necessary for other areas to
Chapter 23.24 1 (424/20049)
Page 1 of 4 - EXHIBIT "A" TO ORDINANCE 2009-007
subsidize the recreational areas for many years. Studies by Oregon State University indicate that Deschutes
County is likely faced with such a situation presently.
The County has witnessed losses of agricultural, forest and other resource lands, as well as seen the expense
and esthetic losses created by urban sprawl. Studies such as "The Costs of Sprawl" have emphasized the
greater efficiencies that can be obtained by a more condensed and planned development pattern. When
these factors were combined with State requirements to contain development in urban areas, there was no
question to the Overall CAC that the updated comprehensive plan would have to address the issue of
containing urban sprawl and protecting the rural character of the County.
The predominant rural land uses in the County are open spaces, pasture and limited crop production,
livestock production, natural resource utilization and wildlife cover. There is also residential use and some
commercial and industrial activity in the rural service centers. Unfortunately, the unrestrictive zoning
permitted in the rural service centers has allowed incompatible adjacent land uses and not resulted in
providing the needed services for the surrounding rural areas. In the case of Deschutes Junction this result is
combined with another factor in that Bend's urban sprawl is augmented by development at the junction.
Interestingly, the residents of the rural service centers, except for La Pine, have expressed concern that
higher levels of development in their locales would be incompatible with the existing rural nature of the
area. They agree that there is a need for limited and controlled growth, but that the rural character of the
community must be maintained.
To guide development into appropriate patterns the following goals have been prepared.
(Ord. 2002-005 §1, 2002; Ord. 2000-017 §1, 2000; Ord. 92-051, 1992; PL-20, 1979)
23.24.020. Goals.
A. To preserve and enhance the open spaces, rural character, scenic values and natural resources of the
County.
B. To guide the location and design of rural development so as to minimize the public costs of facilities
and services, to avoid unnecessary expansion of service boundaries, and to preserve and enhance the
safety and viability of rural land uses.
C. To provide for the possible long-term expansion of urban areas while protecting the distinction between
urban (urbanizing) land and rural lands.
(Ord. 2002-005 §l, 2002; Ord. 2000-017 §1, 2000; Ord. 92-051, 1992; PL-20, 1979)
23.24.030. Policies.
The policies needed to accomplish the identified goals were largely developed by the Overall CAC during
its deliberations on the preliminary plan. It was obvious that some policies were needed to pull the various
resource and management chapters together and to fill in some gaps so that an integrated and cohesive plan
was available.
Rural Development policies are meant to pertain to all non- urban areas (areas outside urban growth
boundaries) and are the basic policies to be followed in guiding rural growth. Specific resource or
management policies from other chapters shall augment these policies so that the plan must be viewed as an
integrated whole rather than a series of individual chapters.
• Residential/recreational development.
1. Because 91 percent of the new County population will live inside an urban area, with only 3,039
new rural lots required, and in light of the 17,377 undeveloped rural tracts and lots as well as the
energy, environmental and public service costs, all future rural development will be stringently
Chapter 23.24 2 (4/20049)
Page 2 of 4 - EXHIBIT "A" TO ORDINANCE 2009-007
reviewed for public need before approval. As a guideline for review if a study of existing lots
within three miles of the proposed development indicates approximately 50 per cent or more of
those lots have not had structures constructed thereon, then the developer shall submit adequate
testimony justifying additional lots in that area. This will permit development in areas where such
is needed (other policies considering energy, public facilities, safety and other development aspects
shall also be considered) while restricting future division in areas where many undeveloped lots
already exist.
2. To further restrict subdivision outside urban areas the minimum parcel size shall be 10 acres, except
where other policies supersede this minimum (see Unincorporated Communities, Rural Service
Centers, Agriculture and Forest Lands).
3. Cluster or planned development offers significant savings to the developer because of reduced
roadway, utility and construction costs. Public costs to serve cluster developments are also usually
lower. Therefore, to encourage cluster and planned developments, rather than parcelization, the
county shall permit smaller lot sizes and the continued use of special lot size requirements in
cluster and planned developments in rural residential exception areas.
4. Cluster and planned developments shall maintain a minimum of 65 per cent of the land in open
space, forest or agricultural uses compatible with the surrounding area and the development area.
The open space of the development may be platted as a separate parcel or in common ownership of
some or all of the clustered units; however, the open area shall not be subject to development unless
the whole development is brought inside an urban growth boundary. Also, service connections
shall be the minimum length necessary and underground where feasible. Roads may be private
roads and shall meet County standards.
5. Destination resorts are important elements of the local economy. These developments shall not be
permitted in exclusive farm use districts except in EFU-20 and EFU-40 zones pursuant to the
County's Destination Resort Siting Map and Destination Resort Siting Combining Zone and in
forest districts only in the F-2 zone pursuant to the County's Destination Resort Siting Combining
Zone. They may be allowed in the County's rural areas if compatible with the environmental
capabilities of the site, near existing transportation and utility facilities, consistent with the rural
character of the area, and unlikely to create undue public service burdens.
6. Other than as outlined in Policy 5 and the Goals and Policies set forth for Destination Resorts, no
further recreational (seasonal) subdivision will be approved in rural areas.
7. 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.
• Commercial and Industrial Development.
8. Within one mile of acknowledged urban growth boundaries, use of the planned or cluster
development concepts shall permit development in Multiple Use Agriculture or Rural Residential
zones (not under a combining zone which would prevent such) with a minimum lot size or
equivalent density of one unit per five acres.
9. Temporary on-site processing and storage of either mineral and aggregate materials or agricultural
products shall be permitted as appropriate, in order to support the continued productivity of the
County's natural resources.
10. Certain industrial uses, such as research and development facilities (requiring quiet and open
surroundings) and manufacturers of hazardous materials (requiring long distances between the plant
and neighbors) are more suitably located in rural areas. The County shall consider making
provision for such uses as the need is found to exist (see Tumalo).
11. Certain industrial uses, such as research and development facilities (requiring quiet and open
surroundings), wrecking or salvage yards and manufacturers of hazardous materials (requiring long
distances between the plant and neighbors) are more suitably located in rural areas. The County
shall consider making provision for such uses as the need is found to exist (see Tumalo).
To ensure that the uses in the Rural Industrial zone on tax lot 16-12-26C-301, as described in
Exhibit "C" and depicted on Exhibit "D," attached to Ordinance 2009-007 and incorporated by
Chapter 23.24 3 (1-24/20049)
Page 3 of 4 - EXHIBIT "A" TO ORDINANCE 2009-007
reference herein are limited in nature and scope, the Rural Industrial zoning on the subject
parcel shall be subject to a Limited Use Combining Zone, which will limit the uses to storage,
crushing, processing, sale and distribution of pumie eminerals.
12. Because large scale recreation facilities cannot normally be accommodated in urban areas, uses
such as motor cross tracks, rodeo grounds and livestock arenas shall be conditional uses which may
be approved in rural areas adjacent to existing highways and other public facilities.
• Other.
13. Construction on open lands shall be in a manner least intrusive to the aesthetic and natural character
of those lands and neighboring lands (fences and access roads shall not be considered structures).
14. Because there have been problems in obtaining community centers in some areas, centers approved
on the original subdivision plat or development plan shall be permitted uses in rural residential
zones.
15. Due to the more dispersed pattern of dwellings in rural areas the notice requirement area for public
hearings on quasi-judicial land use actions shall be larger than in urban areas.
16. More effective dog control program should be considered by the County to counter existing
problems.
17. Pre-existing status shall be granted to subdivisions and partitions with at least preliminary approval
and buildings with at least an issued building permit at the time of plan adoption by the Board of
County Commissioners.
18. All development in Deschutes County shall comply with all applicable state and federal rules,
regulations and standards.
(Ord. 2009-007 §1; Ord. 2004-023 §1, 2004, Ord. 2002-001 §2, 2002, Ord. 2002-005 §1, 2002, Ord 2002-
001§2; Ord. 2000-017 §1, 2000; Ord. 92-051, 1992; PL-20, 1979)
(Note. PufstiapA to ExNbit "A" of this Ordinanee, this seetion of tex4 has been i7fteved to DGG 23.40.OW
with-tex4 amended-pursuit 4eE~"bit "D-ors this Ordina-nee ).This is no longer applicable because it
doesn't say which ordinance did that.
Chapter 23.24 4 (4-24/20049)
Page 4 of 4 - EXHIBIT "A" TO ORDINANCE 2009-007
Chapter 23.24 RURAL DEVELOPMENT
23.24.010. Rural Development.
23.24.020. Goals.
23.24.030. Policies.
23.24.010. Rural Development.
The primary duty of this comprehensive plan is to guide growth and development in the rural areas of
Deschutes County. The Urbanization chapter discusses urban area growth, but the primary plans for the
County's major communities are the three urban area plans. The Deschutes County Comprehensive Plan is
focused upon the changes that will be taking place outside the urban growth boundaries. This chapter is
meant to tie together the various more specific chapters that deal with resource and growth management so
that an integrated plan for the development of the County may be obtained.
Being the fastest growing County in Oregon has meant many changes for Deschutes County. Some of the
changes, such as improved social, cultural and economic opportunities, are seen as beneficial. Others, such
as traffic congestion, loss of scenic views, and rising taxes to pay for public services, are changes most
people would like to do without.
Recent years have witnessed Countywide growth occurring at about 6.3 per cent annually. The present
population of Deschutes County is estimated at 49,700. Growth is expected to continue at a slower rate (4.5
per cent annually) to the year 2000. By that time, the County will likely have about 128,200 residents. Of
that number, 84,000 will be in the Bend Urban Area; another 23,093 will be in and around Redmond; 2,135
are expected for Sisters; and La Pine will have incorporated and reached an urban area population of 3,620.
That leaves a rural population of 15,350 people, up from an estimated 8,300 presently.
To accommodate the new rural population will require 3,039 lots (assumes 2.32 persons per household).
There were available in Deschutes County, as of January 1, 1979, 17,377 undeveloped rural tract and
recreational lots. It appears that Countywide there is in excess of 14,000 lots beyond the publics housing
needs until the year 2000. That does not preclude the possibility of certain areas needing new lots, since the
vast majority of those existing lots are in the La Pine area, but it does indicate the County must give serious
review before approving any further rural development.
Much of the development that has occurred locally has been the standard parcelization of land into small
(less than 10 acres) lots. This dispersed pattern is often the most costly to serve; the most wasteful of
energy, land and resources; the least esthetic; and the most destructive to rural character. Planned
Developments, such as Indian Ford Planned Development, often provide a more efficient and beneficial
manner in which to serve the public demand for rural recreational or residential experience. Destination
resorts, such as Black Butte Ranch and dude ranches, have been found locally to be economically and
socially desirable land uses, when located and developed consistent with the capabilities of the land and the
abilities of various public and private agencies to serve that area.
Recreational subdivision was originally seen as a benefit to the County as the non-resident landowners
would be contributing to the County tax base. This probably resulted in areas like La Pine subsidizing other
portions of the County. Now the recreation subdivisions are filling up with retirees and younger people
seeking less expensive building lots. The result is a call for more services in areas far from existing service
facilities and in subdivisions where roads and other improvements were meant only for seasonal and limited
use. As demand continues to grow, to provide adequate service levels it will be necessary for other areas to
Chapter 23.24 1 (n4/20049)
Page 1 of 4 - EXHIBIT "A" TO ORDINANCE 2009-007
subsidize the recreational areas for many years. Studies by Oregon State University indicate that Deschutes
County is likely faced with such a situation presently.
The County has witnessed losses of agricultural, forest and other resource lands, as well as seen the expense
and esthetic losses created by urban sprawl. Studies such as "The Costs of Sprawl" have emphasized the
greater efficiencies that can be obtained by a more condensed and planned development pattern. When
these factors were combined with State requirements to contain development in urban areas, there was no
question to the Overall CAC that the updated comprehensive plan would have to address the issue of
containing urban sprawl and protecting the rural character of the County.
The predominant rural land uses in the County are open spaces, pasture and limited crop production,
livestock production, natural resource utilization and wildlife cover. There is also residential use and some
commercial and industrial activity in the rural service centers. Unfortunately, the unrestrictive zoning
permitted in the rural service centers has allowed incompatible adjacent land uses and not resulted in
providing the needed services for the surrounding rural areas. In the case of Deschutes Junction this result is
combined with another factor in that Bend's urban sprawl is augmented by development at the junction.
Interestingly, the residents of the rural service centers, except for La Pine, have expressed concern that
higher levels of development in their locales would be incompatible with the existing rural nature of the
area. They agree that there is a need for limited and controlled growth, but that the rural character of the
community must be maintained.
To guide development into appropriate patterns the following goals have been prepared.
(Ord. 2002-005 §1, 2002; Ord. 2000-017 §1, 2000; Ord. 92-051, 1992; PL-20, 1979)
23.24.020. Goals.
A. To preserve and enhance the open spaces, rural character, scenic values and natural resources of the
County.
B. To guide the location and design of rural development so as to minimize the public costs of facilities
and services, to avoid unnecessary expansion of service boundaries, and to preserve and enhance the
safety and viability of rural land uses.
C. To provide for the possible long-term expansion of urban areas while protecting the distinction between
urban (urbanizing) land and rural lands.
(Ord. 2002-005 §1, 2002; Ord. 2000-017 §1, 2000; Ord. 92-051, 1992; PL-20, 1979)
23.24.030. Policies.
The policies needed to accomplish the identified goals were largely developed by the Overall CAC during
its deliberations on the preliminary plan. It was obvious that some policies were needed to pull the various
resource and management chapters together and to fill in some gaps so that an integrated and cohesive plan
was available.
Rural Development policies are meant to pertain to all non- urban areas (areas outside urban growth
boundaries) and are the basic policies to be followed in guiding rural growth. Specific resource or
management policies from other chapters shall augment these policies so that the plan must be viewed as an
integrated whole rather than a series of individual chapters.
Residential/recreational development.
1. Because 91 percent of the new County population will live inside an urban area, with only 3,039
new rural lots required, and in light of the 17,377 undeveloped rural tracts and lots as well as the
energy, environmental and public service costs, all future rural development will be stringently
Chapter 23.24 2 (124/20049)
Page 2 of 4 - EXHIBIT "A" TO ORDINANCE 2009-007
reviewed for public need before approval. As a guideline for review if a study of existing lots
within three miles of the proposed development indicates approximately 50 per cent or more of
those lots have not had structures constructed thereon, then the developer shall submit adequate
testimony justifying additional lots in that area. This will permit development in areas where such
is needed (other policies considering energy, public facilities, safety and other development aspects
shall also be considered) while restricting future division in areas where many undeveloped lots
already exist.
2. To further restrict subdivision outside urban areas the minimum parcel size shall be 10 acres, except
where other policies supersede this minimum (see Unincorporated Communities, Rural Service
Centers, Agriculture and Forest Lands).
3. Cluster or planned development offers significant savings to the developer because of reduced
roadway, utility and construction costs. Public costs to serve cluster developments are also usually
lower. Therefore, to encourage cluster and planned developments, rather than parcelization, the
county shall permit smaller lot sizes and the continued use of special lot size requirements in
cluster and planned developments in rural residential exception areas.
4. Cluster and planned developments shall maintain a minimum of 65 per cent of the land in open
space, forest or agricultural uses compatible with the surrounding area and the development area.
The open space of the development may be platted as a separate parcel or in common ownership of
some or all of the clustered units; however, the open area shall not be subject to development unless
the whole development is brought inside an urban growth boundary. Also, service connections
shall be the minimum length necessary and underground where feasible. Roads may be private
roads and shall meet County standards.
5. Destination resorts are important elements of the local economy. These developments shall not be
permitted in exclusive farm use districts except in EFU-20 and EFU-40 zones pursuant to the
County's Destination Resort Siting Map and Destination Resort Siting Combining Zone and in
forest districts only in the F-2 zone pursuant to the County's Destination Resort Siting Combining
Zone. They may be allowed in the County's rural areas if compatible with the environmental
capabilities of the site, near existing transportation and utility facilities, consistent with the rural
character of the area, and unlikely to create undue public service burdens.
6. Other than as outlined in Policy 5 and the Goals and Policies set forth for Destination Resorts, no
further recreational (seasonal) subdivision will be approved in rural areas.
7. 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.
• Commercial and Industrial Development.
8. Within one mile of acknowledged urban growth boundaries, use of the planned or cluster
development concepts shall permit development in Multiple Use Agriculture or Rural Residential
zones (not under a combining zone which would prevent such) with a minimum lot size or
equivalent density of one unit per five acres.
9. Temporary on-site processing and storage of either mineral and aggregate materials or agricultural
products shall be permitted as appropriate, in order to support the continued productivity of the
County's natural resources.
10. Certain industrial uses, such as research and development facilities (requiring quiet and open
surroundings) and manufacturers of hazardous materials (requiring long distances between the plant
and neighbors) are more suitably located in rural areas. The County shall consider making
provision for such uses as the need is found to exist (see Tumalo).
11. Certain industrial uses, such as research and development facilities (requiring quiet and open
surroundings), wrecking or salvage yards and manufacturers of hazardous materials (requiring long
distances between the plant and neighbors) are more suitably located in rural areas. The County
shall consider making provision for such uses as the need is found to exist (see Tumalo).
To ensure that the uses in the Rural Industrial zone on tax lot 16-12-26C-301, as described in
Exhibit "C" and depicted on Exhibit "D," attached to Ordinance 2009-007 and incorporated by
Chapter 23.24 3 (124/20049)
Page 3 of 4 - EXHIBIT "A" TO ORDINANCE 2009-007
reference herein, are limited in nature and scope, the Rural Industrial zoning on the subject
parcel shall be subject to a Limited Use Combining Zone, which will limit the uses to storage,
crushing, processing, sale and distribution of pumiee
12. Because large scale recreation facilities cannot normally be accommodated in urban areas, uses
such as motor cross tracks, rodeo grounds and livestock arenas shall be conditional uses which may
be approved in rural areas adjacent to existing highways and other public facilities.
• Other.
13. Construction on open lands shall be in a manner least intrusive to the aesthetic and natural character
of those lands and neighboring lands (fences and access roads shall not be considered structures).
14. Because there have been problems in obtaining community centers in some areas, centers approved
on the original subdivision plat or development plan shall be permitted uses in rural residential
zones.
15. Due to the more dispersed pattern of dwellings in rural areas the notice requirement area for public
hearings on quasi-judicial land use actions shall be larger than in urban areas.
16. More effective dog control program should be considered by the County to counter existing
problems.
17. Pre-existing status shall be granted to subdivisions and partitions with at least preliminary approval
and buildings with at least an issued building permit at the time of plan adoption by the Board of
County Commissioners.
18. All development in Deschutes County shall comply with all applicable state and federal rules,
regulations and standards.
(Ord. 2009-007 §1; Ord. 2004-023 §1, 2004, Ord. 2002-001 §2, 2002, Ord. 2002-005 §1, 2002, Ord 2002-
001§2; Ord. 2000-017 §1, 2000; Ord. 92-051, 1992; PL-20, 1979)
(Note.: Pur-suant te Exhibit "A" ef this Or-dinanee, this seefien of tex4 has been moved te DCC 23.40.010
" This is no longer applicable because it
doesn't say which ordinance did that.
Chapter 23.24 4 (424/20049)
Page 4 of 4 - EXHIBIT "A" TO ORDINANCE 2009-007
Denotes sections of this chapter unaffected by Ordinance 2009-007
Chapter 23.120. GOAL EXCEPTION STATEMENT
23.120.010. Introduction.
23.120.020. Methodology.
23.120.030. Agricultural Lands.
23.120.040. Forest Lands.
23.120.050. Exceptions Analysis.
23.120.060. Exception Area Plan.
23.120.070. Bend Municipal Airport Exceptions Statement.
23.120.080. La Pine UUC Boundary.
23.120.090. Spring River Rural Service Center.
23.120.100. Burgess Road and Highway 97.
23.120.110. Rural Industrial Zone.
23.120.120. Prineville Railway.
23.120.130. Resort Communities.
23.124.140. Barclay Meadows Business Park.
23.120.150. Sisters School District #6.
23.120.160. Sisters Organization of Activities and Recreation and Sisters School District #6.
23.120.170. Oregon Water Wonderland Unit 2 Sewer District.
23.120.180. 2004 City of Bend Urban Growth Boundary Amendment (Juniper Ridge).
23.120.190.1. Joyce Coats Revocable Trust Johnson Road and Tumalo Reservoir Road Properties.
23.120.200. Watson/Generations Development Inc.
23.120.210. Oregon Department of Transportation.
23.120.220. Conklin / Eady Property.
23.120.230. City of Sisters Property.
23.120.240. McKenzie Meadows Property.
23.120.250. Bend Metro Park and Recreation District Properties
23.120.260. Harris and Nancy Kimble Property and Portion of CLR, Inc. Property
23.120.110. Rural Industrial Zone.
In conjunction with approval of PA 98 2,'ZE-98-1PA-08-6, ZC-08-6 for that certain property described in Exhibit
"C" and depicted in Exhibit "D" attached to ORD-2009-007 and incorporated by reference herein, an "irrevocably
committed" exception to Statewide Planning Goal 3, Agricultural Lands, and a reasons exception to Goal 14 was
taken to allow for the subject comprehensive plan and zone change on agricultural land. The plan amendment and
zone change will allow Rural Industrial plan and zoning designation with a Limited Use Combining Zone for the
specific use of storage, crushing, processing, sale and distribution of ptm e er *nerals. Reasons justifying why
the state policy embodied in Goal 3 should not apply in this situation are set forth in Exhibit "DE" to Ordinance
98-0812009-007, which findings are incorporated herein.
(Ord. 2009-007 §2. Ord. 2002-005 §1, 2002; Ord. 2000-017 §1, 2000; Ord. 98-081, 1998)
Chapter 23.120 1 (45/20098)
Page 1 of 1 - EXHIBIT "B: TO ORDINANCE 2009-007 (04/20/09)
):z„~o v 11 - a 0-7 Gx . C
OVERLAP ZONE
LEGAL DESCRIPTION
A parcel of land located in a portion of Section 26, Township 16 South, Range 12 East,
Willamette Meridian, Deschutes County, Oregon, being more particularly described as
follows:
All that portion of the West Half of the Southwest Quarter (WI/2 SWI/4) of Section
`IIvienty-six (26), Township Sixteen (16) South, Range Twelve (12), East of the
Willamette Meridian, Deschutes County, Oregon, lying easterly of the centerline of the
Pilot Butte Canal and westerly from the westerly right-of-way line of the Oregon Trunk
Railway and south of Parcel 2 in deed recorded in Book 474. Page 1863 Deschutes
County Records.
REGISTERED
RR^F'ESSiONAL
UNrt UN
Ui-y 19, 1994
2686
R`N-EV.'AL :SATE: 6/30/10
S.`Lmd Pr43cctc'060813-Pt MI 'L1dties,()VERI-AY ZONE.doc
Subject Property 16-12-26-CO-00301
r
Plan Amendment and Zone Change from
Rural Industrial / Limited Use (RI/LU)
to
Rural Industrial / Limited Use (RI/LU)
rim„pavm,asrmevp:wewen.m~e°.. ~ m.m°~
Legend
Subject Property 16--12-26-CO-00301
Comprehensive Plan Designation
AG - Agriculture
OS&C - Open Space & Conservation
RC - Rural Commercial
RI - Rural Industrial
RREA - Rural Residential Exception Area
LU - Limited Use Combining Zone
BOARD OF M
COMPREHENSIVE PLAN AND ZONING MAP O
F DESCH TOES COUNOTY, OIREIGONRS
4-R Equipment, LLC
Tammy Baney, Chair
Exhibit "D"
to Ordinance 2009-007 Dennis R. Luke, Vice Chair
Alan Unger, Commissioner
0 350 700 1,400 ATTEST: Recording Secretary
Feet
Dated this day of April, 2009
Apll 14,2009 Effective Date: April 2009
DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS
FILE NUMBERS: PA-08-6 and ZC-08-6
APPLICANT/
PROPERTY OWNER: 4-R Equipment, LLC
P.O. Box 5006
Bend, Oregon 97708
APPLICANT'S
ATTORNEY: Sharon R. Smith
Bryant Lovlien & Jarvis Pc
P.O. Box 880
Bend, Oregon 97709
REQUEST: The applicant requests approval of a plan amendment, zone
change, and exception to Goals 3 and 14 for the RI-zoned subject
property in order to expand the types of minerals that can be
stored, crushed, processed, sold and distributed within the
existing LU Zone.
STAFF REVIEWER: Will Groves, Senior Planner
HEARING DATE: March 16, 2009
RECORD CLOSED: March 16, 2009
1. APPLICABLE STANDARDS AND CRITERIA:
A. Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance
1. Chapter 18.04, Title, Purpose and Definitions
* Section 18.04.030, Definitions
2. Chapter 18.84, Landscape Management - LM Combining Zone
3. Chapter 18.100, Rural Industrial - RI Zone
* Section 18.100.010, Purpose
4. Chapter 18.112, Limited Use Combining Zone
* Section 18.112.010, Purpose
* Section 18.112.020, Combining Zone Requirements
5. Chapter 18.136, Amendments
* Section 18.136.020, Rezoning Standards
B. Title 22 of the Deschutes County Code, the Development Procedures Ordinance
1. Chapter 22.010, Hearing
2. Chapter 22.020, Notice
C. Title 23 of the Deschutes County Code, the Year 2000 Comprehensive Plan
1. Chapter 23.08, Introduction
* Section 23.08.010, Introduction
2. Chapter 23.20, Comprehensive Planning Process
* Section 23.20.040, Goals and Policies
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3. Chapter 23.24, Rural Development
* Section 23.24.020, Goals
* Section 23.24.030, Policies
4. Chapter 23.40, Unincorporated Communities
5. Chapter 23.120, Goal Exception Statement
* Section 23.120.110, Rural Industrial Zone
D. Oregon Administrative Rules, Chapter 660, Land Conservation and Development
Commission
1. Division 4 - Interpretation of Goal 2 Exception Process:
* OAR 660-004-0010, Application of the Goal 2 Exception Process to Certain
Goals
* OAR 660-004-0018, Planning and Zoning for Exception Areas
* OAR 660-004-0020, Goal 2, Part II(c), Exception Requirements
* OAR 660-004-0022, Reasons Exceptions Analysis for Rural Industrial
2. Division 12 - Transportation Planning Rule
* OAR 660-12-0060, Plan and Land Use Regulation Amendments
3. Division 14- Urbanization
* OAR 660-014-0040, Establishment of New Urban Development on
Undeveloped Rural Lands
4. Division 15, State-Wide Planning Goals and Guidelines
* OAR 660-015-000, State-wide Planning Goals and Guidelines No. 1
Through No. 14
* OAR 660-0115-005, State-wide Planning Goal and Guideline No. 15
* OAR 660-015-010, State-wide Planning Goals and Guidelines No. 16
Through NO. 19
II. FINDINGS OF FACT:
The Board of County Commissioners ("Board") adopts and incorporates herein by reference the
findings of fact proposed by the Hearings Officer in the February 10, 2009, decision, as revised
and supplemented herein.
A. Procedural History: On February 10, 2009, the Hearings Officer issued a decision
approving the subject application. Section 22.28.030(C) requires: "[Z]one changes
concerning lands designated for forest or agricultural use shall be heard de novo before
the Board of County Commissioners without the necessity of filing an appeal, regardless
of the determination of the Hearings Officer[.]" Pursuant to that section, the Board held a
de novo public hearing on the subject application on March 19, 2009.
The entire record of the proceeding to date was placed before the Board at the public
hearing, and the Board closed the record at the conclusion of the hearing. At the
hearing, the Board deliberated and voted to approve the subject application and to adopt
the Hearings Officer's findings and conclusions, as revised and supplemented herein.
B. Public Notice and Comments: The Planning Division mailed individual written notice of
the public hearing before the Board to the owners of record of all property located within
750 feet of the subject property. In addition, notice of the public hearing was published
in the "Bend Bulletin" newspaper. No public comment was received in writing. No
Page 2 of 3 - EXHIBIT "E" TO ORDINANCE 2009-007
members of the public spoke at the public hearing on the subject application on March
19, 2009.
The Board concurs with Hearings Officer's conclusion, as revised and supplemented
herein.
III. CONCLUSIONS OF LAW:
A. Adoption of Hearings Officer's Conclusions of Law
FINDINGS: The Board adopts and incorporates herein by reference the conclusions of law
proposed by the Hearings Officer in the February 10, 2009, decision, as revised and
supplemented herein.
IV. DECISION:
Based on the foregoing Findings of Fact and Conclusions of Law, the Board hereby
APPROVES the Applicant's proposed plan amendment, zone change and "reasons" exception
to Goals 3 and 14, subject to the conditions of approval included in the February 10, 2009
Hearings Officer's decision.
Page 3 of 3 - EXHIBIT "E" TO ORDINANCE 2009-007