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2014-206-Minutes for Meeting March 31,2014 Recorded 4/11/2014 NANCYUBLANKENSHIP,MC LINTY CLERKOS 43 7414446 COMMISSIONERS' JOURNAL 04/11/2014 10'14'39 AM IIIIIl IIil liIIIIII1l IIII III 2014-206 Do not remove this page from original document. Deschutes County Clerk Certificate Page 0 . e s 0 .f, Nfrs 4� C�0,1-k o/ Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 -www.deschutes.org i, . MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, MARCH 31, 2014 Present were Commissioners Tammy Baney, Anthony DeBone and Alan Unger. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; and,for part of the meeting, Laurie Craghead, County Counsel; Paul Blikstad and Matt Martin, Community Development; and media representative Elon Glucklich of The Bulletin. Chair Baney opened the meeting at 1:30 p.m. 1. Discussion of Ordinances 2014-009, 011 and 012 (Housekeeping Amendments). Matt Martin gave an overview of the Ordinances, and said that the changes are not substantive, or do not change allowed uses or alter policy. They clear up errors or provide clarification for existing standards and procedures. They are not proposing an emergency clause. Definitions of horse events will be narrowed, since commercial events require a special use permit under a different area. It becomes an issue when there is a big event that draws a large crowd. This will make Code compliant with and mirror State rules. County Code is currently less restrictive than State law, and it has to be the same or more restrictive. FAA notification regarding airspace would change as well. Mr. Martin went through other changes relevant to only Widgi Creek and Seventh Mountain Resort. Clarification will be given regarding the protection of historic sites. Commissioner Unger feels this issue is more challenging, since people have to be convinced to preserve rather than requiring them to do so. Mr. Martin stated these changes don't have the intent of forcing compliance. The whole issue of historic sites can be addressed in more detail later. Minutes of Board of Commissioners' Work Session Monday, March 31, 2014 Page 1 of 7 Chair Baney asked if they are adjusting the language more than is required by State statute. She is concerned about it being not as restrictive as the State and generating an appeal at some point. Ms. Craghead replied that they have to be as restrictive as the State. Mr. Anderson said they are trying to clarify this so that a citizen doing research doesn't get confused by what constitutes a large or small horse event. Commissioner DeBone would like to see a red-lined version of these proposed changes. He wants to see how the horse events section relates to the overall chapter. Ms. Craghead said it has to do with EFU and farm use; they can provide him with the changes he wants to review. Destination resort mapping changes will be reformatted to be more reader- friendly. This change will reference the new format of the Comprehensive Plan. The next change has to do with the UGB in La Pine. One property remained in the County, so this language and reference needs to change. Ms. Craghead stated that the City had a chance to add this property in 2006, but made a conscious decision not to do so. This property also kept the City from taking over the sewer and water systems at the time, prompting a long process in that regard. There is a section applicable to Sunriver, referencing property they utilize as part of their sewer treatment facility. Mr. Anderson stated that the owner of the property that this law might affect needs to review the proposed change. If he disagrees, the State will have to deal with it. Something needs to provide capacity to Pine Forest eventually, but it could be beyond Cottonwood. Mr. Martin said this is exact language from the Comprehensive Plan prior to the update. The Commissioners indicated they would like to pull this for now. Chair Baney feels that housekeeping items should be just that. Mr. Martin said they want to do a clear version of the Comprehensive Plan and wants to make sure the Ordinances are consistent in regard to formatting. Ms. Craghead said that Ordinance 012 would need to be adopted first. Minutes of Board of Commissioners' Work Session Monday, March 31, 2014 Page 2 of 7 2. Discussion of Ordinance 2014-010 (Code Updates). Paul Blikstad this is in response to changes at the legislative level. The EFU chapter will be addressed at the end of this conversation. He would like to have this ordinance adopted by emergency so the public is not confused by mixed messages, especially under the EFU section. Ms. Craghead said those sections subject to OAR or statutory changes should be done as quickly as possible. The definition of church would be changed at the local level. They want to call it a religious assembly house of worship to conform to the Religious Land. Use and Institutionalized Persons Act (RLUPA). Ms. Craghead stated this would broaden the definition of church to be similar to that of other counties. Mr. Blikstad added that most counties don't define churches at all. Chair Baney said there has been some negative feedback about using the emergency clause. Ms. Craghead said they could take this part out and give it a separate ordinance number if the Board wishes. There are no applications for this use at the present time. However, they need to be compliant with State and Federal law. Commissioner DeBone said that they can tell an applicant that there are changes to come. Commissioner Unger wants to do what is best for the public. They don't want people coming in just under the bar that is being set. Ms. Craghead stated that language this actually broadens this, so more people could apply. Mr. Blikstad said that in regard to floodplain damage, Chapter 18.9E is new. It gives notice to property owners and brings the County into compliance with changes made at the 2013 legislative level. It is not mandatory, but is in the public interest. The idea is to make all aware, through disclosure and recording, the possibility of substantial damage to structures due to flooding. Mr. Anderson stated that this could be controversial to people in the construction and real estate industries as it would show up in any title search. Ms. Craghead stated that cities could adopt the same language. Statute allows this and the floodplain administrator recommends the change. Perhaps they could get some feedback from the Association of Realtors. Chair Baney said that language regarding churches and flood plains should not be adopted by emergency. Minutes of Board of Commissioners' Work Session Monday, March 31, 2014 Page 3 of 7 Mr. Blikstad stated that the rest have to do with forest zones. Under the F-1 zone, they had missed the potential for a storage building for logging equipment, but this is already allowed in the F-2 zone. This is based on State law. There is also a change regarding private hunting lodges in both zones, adding language on game bird and big game hunting seasons. For fire siting standards, instead of saying all trees need to be pruned, they would call it limbing, from the bottom up. Planning Commissioner Powell wanted this change. In regard to campgrounds, they would require a 100-foot setback from streams. It would not apply to Forest Service or BLM lands, but would apply to someone who wants a campground on private land. Mr. Anderson pointed out that a campsite is not permanent if there are no structures. Chair Baney would like to table this for further discussion later. The Board agreed. Under EFU, Mr. Blikstad explained there was Rulemaking in 2013 and some language changes are needed. Some was special interest and some was through DLCD. Under lawfully-established dwellings, they went into great detail. The use would remain, but in its own section because it is so lengthy and confusing to the public. The restrictions were eased; so if a dwelling was habitable at one time, it can be replaced. They took language verbatim from statute and rule and tried to organize it in one place. Churches in the EFU zone have some restrictions from the State. They cannot be placed on high-value farmland. This would be irrigated, good soils. A church with 100 members or less can apply to expand onto high-value farmland, but not one with more membership than that. This has not been tested yet, so it is not known if a soils study can be done to determine and change the value of the soil. New churches or similar structures within three miles of a UGB can be placed. on non-high value land without a goal exception, but it is limited to 100 members. The OAR's did not match statute. Young v. Jackson County forced this to change. Farm deferral would be lost in the area where the structure would stand. Dog training practices and similar uses have been loosened, but there are limits to the number, and other laws have to be followed. Minutes of Board of Commissioners' Work Session Monday, March 31, 2014 Page 4 of 7 Wildlife habitat conservation plan dwellings have been removed from statute, and dog kennels don't have to be on EFU land. Regarding compositing facilities, neighborhood meetings are now required. There is new language for solid waste disposal sites. Language regarding wineries had some slight language changes. This mirrors State law. There is a revised section regarding the outright use of power lines, and where and how they can be located on EFU land. The new language is taken from State law. Composting disposal sites are also addressed. Standards for dwellings have changed. You have to get approval for a farm dwelling in the same or a contiguous county; however, the standards are different for eastern and western Oregon regarding income requirements. Under relatives as farm help, you can't put a size restriction on the farm operation. The County may end up having to determine what size a commercial farm is. Also, the intent is to attempt to make a profit. Ms. Craghead said if it is an outright permitted use, the County cannot add other restrictions. Chair Baney clarified the items to not be done by emergency. Ms. Craghead said those would have to come back later. The statutory changes can be put in a separate Ordinance for adoption. Statutory EFU changes would be by emergency; one for the church and forest uses, not by emergency; and floodplains, to be discussed further. So there would need to be two ordinances. 3. Other Items. Regarding the Fair Board selection of members, there are four current members and two of those live in Redmond, plus one in Bend and one in Sisters. There are no term limits. The two in Redmond have been on the Board for over ten years. The other two have been on for six or seven years. They do have the geographic representation needed. Minutes of Board of Commissioners' Work Session Monday, March 31, 2014 Page 5of7 The next step to find new members would be to go back out, per the Board. They can ask for a wider pool, and hold onto the applications they now have until that is done. Commissioner DeBone said that there might be one more application, but he is not that motivated to pursue it further. The Board feels they should interview the current applicants. One Commissioner can be involved along with Dan Despotopulos and the current Chair of the Fair Board. Commissioner DeBone stated he can be involved. Commissioner Unger said there needs to be clarity as to what the Board wants, which is members representing the whole County. Regarding OSU Cascades, their application was incomplete, and the City Administrator met with Mr. Anderson regarding support for the preferred site. Their site plan review is not a popularity contest but has to follow criteria. The County wants to be supportive overall of the university. He offered the County's meeting room for larger public events and offered to work together on issues that affect the area overall. The City is handling its own process in regard to medical marijuana dispensaries. Regarding the work plan for COVA, Chair Baney said they hope to maximize resources overall. There was little discussion about branding the area, but for the most part the focus is Bend. This may change over the years since at one time Sunriver was emphasized. They are seeking someone to fill a current seat on that board. Commissioner DeBone said that in regard to slogans, this group wants to keep Bend at the forefront. Chair Baney is worried about the housing situation in Bend. Rentals are hard to find, driving up the rental price, and people are still in shelters who did not weather the last economic disaster. More rental buildings are being built now, but this may not meet demand for a while. Being no further items discussed, the meeting adjourned at 3:55 p.m. Minutes of Board of Commissioners' Work Session Monday, March 31, 2014 Page 6 of 7 DATED this 94!-:,-) Day of 2014 for the Deschutes County Board of Commissioner . 1Tammy Bar , Chaim ,1 Anthony DeBone, Vice Chair ATTEST: a-LA- Umr-- 62u4AAL Alan Unger, Commissioner Recording Secretary Minutes of Board of Commissioners' Work Session Monday, March 31, 2014 Page 7 of 7 Gail-c-l.�s *"` ocALVA Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200,Bend, OR 97701-1960 "'��,,,, (541) 388-6570 - Fax (541) 385-3202 -www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., MONDAY, MARCH 31, 2014 1. Discussion of Ordinances 2014-009, 011 and 012 (Housekeeping Amendments) --Matt Martin 2. Discussion of Ordinance 2014-010 (Code Updates) --Paul Blikstad 3. Other Items PLEASE NOTE:At any time during this meeting,an executive session could be called to address issues relating to ORS 192.660(2)(e),real property negotiations;ORS 192.660(2)(h),litigation;ORS 192.660(2)(d),labor negotiations;or ORS 192.660(2)(b),personnel issues;or other issues under ORS 192.660(2),executive session. Meeting dates,times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners'meeting rooms at 1300 NW Wall St.,Bend,unless otherwise indicated If you have questions regarding a meeting,please call 388-6572. Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible,please call(541)388-6571,or send an e-mail to hQnnie.baker(<ddeschutes.org. S 717 ‘Th Community Development Department t Planning Division } adding Safety Division Environmental Soils Division + •Y+;eW, N 1 v )14 IWr;ti.",1f dt" P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ TO: Deschutes County Board of County Commissioners FROM: Matthew Martin, Associate Planner DATE: March 27, 2014 SUBJECT: Text Amendments to make"housekeeping" changes to the Deschutes County code. County Land Use File No. TA-14-1. I. SUMMARY The Planning Division is bringing a package of text amendments to the Board of County Commissioners for a public hearing on April 2, 2014. These amendments are necessary to correct errors and provide clarification to existing provisions of the county code. Staff and the Planning Commission recommend approval. II. BACKGROUND The Planning Division has complied "housekeeping" text amendments based on our experiences with the current code language. The amendments are an effort to correct noted errors and provide clarification to existing land use regulations and policies. These housekeeping amendments do not alter the permitted uses or use standards of the code. In addition, no state statutes, rules, or land use goals apply to these changes. The attached draft ordinances identify the proposed changes and the findings (Exhibit B of Ord. 2014-012) explain the justification for each amendment. The ordinances are currently under County legal counsel review. The County Planning Commission held a public hearing on February 27, 2014 to review the proposed amendments and unanimously recommended approval. III. SCHEDULE A work session with the Board addressing these amendments is scheduled for March 31, 2014. A public hearing before the Board is scheduled for April 2, 2014. Attachments: Ordinance 2014-009 Ordinance 2014-011 Ordinance 2014-012 Quality Services Performed with.Pride 18.04.030, Definitions "Church"means an-institution that has nonprofit stanis as a church established with the Internal See Religious Assembly/House of Worship. II "Religious Assembly/House of Worship" Uses include meeting areas for religious activities, Sunday school facilities,parking, and related incidental uses. The term includes, but is not limited to, churches,temples, synagogues, mosques. K-12 church affiliated schools,work-week day care facilities, and caretaker's or pastor's housing are not allowed as incidental or accessory uses, but instead require separate land use permits when sited in association with a religious assembly use. Page 1 of 1 —EXHIBIT A to ORDINANCE 2014-010 arv`re�r3 r,aa ra aq�� REVIEWED LEGAL COUNSEL k w M c aaiaa° btl a w `Fp ex a ac ale s For Recording Stamp Only c r 4 �°a 5l�c�i�3 c �axG ca g�elxxcx i ypd�r n o'uryl yeypry @ x ck ytaM , pWx BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,OREGON raivaR rr t w"` a rc.axsn 3 "c r xa�r i S, r;aw "x p.xG ii aw eaa:ai a An Ordinance Amending Deschutes County Code * Title 18 to Incorporate"Housekeeping"Changes that ** ORDINANCE NO 2014-009 r a+ �xxe�r� �a"�icArrJxrS�a � F Correct Errors and Provide Clarification of Existing S $+ yt E x Regulations,Procedures,and Policies. * `" "` � s a wecaNa� "g a r ci it""c�x ry i *( rya WHEREAS,the Deschutes County Community Development Department(CDD)initiated amendments i > "' " (Planning Division File No TA-14-1) to the Deschutes County Code (DCC) Title 18, Chapter 18.04, Definitions; Chapter 18.80, Airport Development Zone; 18.110, Resort Community; and Chapter 116, id w r Supplementary Provisions to incorporate "housekeeping" changes correct errors and provide clarification of existing regulations,procedures,and policies;and w r WHEREAS,the Deschutes County Planning Commission reviewed the proposed changes on February 27, 2014 and forwarded to the Deschutes County Board of County Commissioners ('_Board,, a recommendation of approval;and WHEREAS, the Board considered this matter after a duly noticed public hearing on April 2,2014, and concluded that the public will benefit from the proposed changes to Deschutes County Code("DCC)Title 18;now,therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,OREGON,ORDAINS as follows: Section 1. AMENDMENT- DCC Chapter 18.04030,Definitions,is amended to read as described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined -and language to be deleted in ugh. Section 2. AMENDMENT. DCC Chapter 18.80;078.FAA Notification(Form 7460-1),is amended to read as described in Exhibit"B,"attached hereto and by this referenced incorporated herein,with new language underlined and language to be deleted in stFiliethreegli• Section 3. -AMENDMENT. DCC Chapter 18.110.120, .Seventh Mountain/Widgi Creek Resort Formatted:Font:Not Bold,No underline District. is amended to read as described in Exhibit"C," attached hereto and by this reference incorporated herein,with new language underlined and language to be deleted in ugh. Section 4. -AMENDMENT. DCC Chapter 18.116.240,rrotection of Historic Sites, is amended to ---{Formatted:Font:Not Bold ). read as described in Exhibit"D,"attached hereto and by this reference incorporated herein,with new language underlined and language to be deleted in st ilEethrough. PAGE 1 OF 3-ORDINANCE NO.2014-009 tl . 1 r. /// •—+i *Formatted:Indent.First Frei 0" J ) 'J C G � p . e CC y9 6F 9 C d C Y�1 G I G 1 W C.1r yJ G k F ' ?I Gy w Cp ' c rt., i, C ' .,0. PAGE 2 OF 3 ORDINANCE NO.2014-009 Section S FINDINGS The Board adopts as its findings Exhibit "C" of Ordinance 2014-012 and ., Formatted underline ' incorporated by reference herein. 5,. ya I' r e Dated this of ,2014 BOARD OF COUNTY COMMISSIONERS ,„.;J, OF DESCHUTES COUNTY,OREGON ' ; TAMMY BANEY,Chair r., ANTHONY DEBONE,Vice Chair ATTEST: Recording Secretary ALAN UNGER,Commissioner Date of 1St Reading: day of 2014. Date of 2nd Reading: da of 2014. Y Record of Adoption Vote: Commissioner Yes No Abstained Excused Tammy Baney Anthony DeBone Alan Unger _ Effective date: day of 2014. PAGE 3 OF 3-ORDINANCE NO.2014-009 Exhibit-/ d +� §ection 18.04.030.Definitions= Formatted Font Bold 1 as "Indfttgi,Horse events"means an exhibition or competition done in conjunction with the stabling or training of horses invelving-heFsesM the purpose of which-is to test and/or advance the skills of a horse and/or its rider,such as but not limited to horse shows exhibitions in connection with riding lessons ���'s 1 }c G�, , a , or training conducted on the premises,schooling events,horse training seminars or clinics,open houses, or cutting competition , .--. -- Incidental horse events"shall not include anv show,exhibition or competition that is commercial in character.that requires entrance or admission fees that are more than nominal fees,or that is recognized,sanctioned or endorsed by any governing body or , c organization for equine snorting events. "Stabling or training equines"as used in the definition of"farm use means the use of land incidental to involving the pasturing,keeping,boarding,management or training of horses. For the purposes of this definition,incidental horse events,as defined herein are deemed to be an incident of stabling or training equines. {Formatted:Font:Not Bold 1 Formatted:Font:Not Bold ' Formatted:Font:11 pt •a rii Page l 1-EXHIBIT A TO ORDINANCE N0L2014-009 i a .rd :r' F t ''4''2'.;P ,k 1 .6 7 r 9 E' r x 18.80.078.FAA Notification(Form 7460-1). " Formatted:Normal,Indent:Left: 0',Flrst line: 0" A. Federal and Stale Notice. Formatted:Space Before: 0 pt �; Federal Aviation Regulation(FAR)Part 77 requires that anyone proposing to construct anything which may obstruct the use of airspace by aircraft to pro vide a notice to that effect to the FAA.In addition, d s' OAR 738.070.0060 requires notice also be sent to the Oregon Department of Aviation. Generally, construction proposals in the vicinity of airports may obstruct airspace. Notice to the FAA and Oregon Department of Aviation is required for anything which may affect landing areas, either existing or planned,which are open to the public,or are operated by one of the armed forces. I B. FAA Form 7460-1 "Notice of Proposed Construction or Alteration"is the notification n form.It is to beF Formatted:Space After: 0 pt,Line spacing: submitted by the applicant directly to the FAA and Oregon Department of Aviation.Forms are single available from the Oregon Department of Aviation or the Northwest Regional Office of the FAA. C. FAA Form 7460-I should be submitted if the proposed construction or alteration meets the following criteria: 1. Anything over 200'AGL(above ground level at the site). 2. Proposals in the vicinity of an airport,if the proposal would be higher than a slope from the nearest point on a runway and increasing its elevation at a ratio of Proximity to Slope Longest Runway Runway >3,200' Within 20,000' 100 to 1 3,200'or less Within 10,000' 50 to 1 For a Heliport Within 5,000' 25 to I Formatted:Space After: 0 pt,Line spacing single Formatted:Font:11 pt,Not Bold (Formatted:Font:11 pt,Not Bold Formatted:Font:11 pt u I Page,I of 1 -EXHIBIT B TO ORDINANCE NO.2014-009 Exhibit--E ! • • 4 Formatted:Indent Left:0",Hanging: 1.25" 18.110.020. -Seventh Mountain/Widai Creek Resort District. (Formatted:Indent:Left: 0",Hanging: 1.25", �. Tab stops: 0.88",Left The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.110.060: A.Single-family dwelling. B.Residential home. C.Residential facility. D.Timeshare units. (Ord.2014-009 53,2014:Ord.2001-048§2,2001) Formatted:Font:Not Bold Formatted:Font:Not Bald Formatted:Font:11 pt ate 1 01'1_EXHIBIT C TO ORDINANCE Na/014-009 SX#ibit f . ... ... 1 • � 7,C. ,f Ti - ,� 18.116.240.Protection of Historic Sites :°'c?° Historic sites listed and described an the County's Goal 5 inventory,contained in the ResourceElement of ='i �' the compre hensive plan,shall be protected or not protected in accordance with programs set forth in the ES—EE determinations for each individual site,adopted as part of the ResourceElement of the :,'''5.';'„'1:„:5;i:`:!:::2'.'„‘„','"‘"‘�„. comprehensive plan and an y comprehensive plan policies specifcally applicable to the site,and as ` G specified.in DCG Chapter 2.28,Historic Preservation and Historic Landmarks Commission. The uses r ,;„ allowed and dimensional standards prescribed by the underlying zoning designations for designated historic sites are not otherwise affected by the historic designation. , Formatted:Font:Not Vold Formatted:Font:Not Bold ...' 1 Formatted:Font:11 pt I Pa=e 1 ofl-EXHIBIT D TO ORDINANCE N0�014 009 �”