2014-462-Ordinance No. 2014-025 Recorded 9/18/2014 REVIEWED
DESCHUTES
BLANKENSHIP, COUNTY CLERK
CJ 7014.467
NANCY
LEGAL COUNSEL COMMISSIONERS' JOURNAL 09/18/2014 10,42 22 AM
IIIflIuJuIflhIIuIu I I I II 2 14-
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County
Code 18.110.020 adding Black Butte Ranch to * ORDINANCE NO. 2014-025
the Title and Declaring an Emergency.
WHEREAS, the Deschutes County Community Development Department (CDD) initiated
amendment (Planning Division File No. 247-14-00253-TA) to the Deschutes County Code (DCC)
adding Black Butte Ranch to the title of DCC 18.110.020; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on
August 14, 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 September
15, 2014, and concluded that the public will benefit from the proposed changes to the title of DCC
18.110.020; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. AMENDMENT. DCC 18.110.020, Seventh Mountain/Widgi Creek Resort District,
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 striketli ug"
Section 2. FINDINGS. The Board adopts as its findings Exhibit "B", attached and
incorporated by reference herein.
PAGE 1 OF 2-ORDINANCE NO.2014-025
Section 3. 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 l :C1-of , , 2014 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
/ . /
TA 7. NEY, C
ANTHONY DEBONE, Vice Chair
ATTEST:
-
Recording Secretary ALAN UNGER, Commissioner
Date of 1St Reading: / -- day of 4. • , 2014.
Date of 2nd Reading: l0� day of 4-1--fil% , 2014.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Tammy Baney 'e
Anthony DeBone
Alan Unger 011--;-2 Effective date: day of -t. , 2014.
PAGE 2 OF 2-ORDINANCE NO.2014-025
18.110.020. Seventh Mountain/Widgi Creek and Black Butte Ranch Resort Districts.
A. Uses permitted outright. The following uses and their accessory uses are permitted subject to the
applicable provisions of DCC 18.110.050:
1. Single-family dwelling.
2. Residential home.
3. Residential facility.
4. Timeshare units existing as of January 1, 1984 at Black Butte Ranch.
5. Timeshare units at the Inn of the Seventh Mountain.
6. The following resort recreational facilities: Recreational path, picnic and barbecue area, park,
playground,and sport courts for basketball,volleyball,and similar small-scale recreation activities.
7. Livestock and horse grazing on common area in Black Butte Ranch.
8. Police or security facility.
B. Uses permitted subject to site plan review. The following uses and their accessory uses are permitted
subject to applicable provisions of DCC 18.110 and DCC 18.116, Supplementary Provisions, and DCC
18.124, Site Plan Review:
1. Resort facility,as that term is defined in DCC Title 18.
2. Resort recreation facilities, as that term is defined in DCC Title 18, except those uses listed in DCC
18.110.020(A)(6).
3. Resort utility facilities,as that term is defined in DCC Title 18.
4. Property sales and rental office.
5. Hotel or motel.
6. Daycare facility.
7. Fire station.
8. Post office.
9. Multiple-family dwellings.
10. Employee housing.
C. Conditional uses permitted. The following uses and their accessory uses are permitted subject to the
applicable provisions of DCC 18.110 and DCC 18.116, Supplementary Provisions, DCC 18.124, Site
Plan Review,and DCC 18.128,Conditional Use:
1. Church.
2. Wireless telecommunications facility.
(Ord. 2014-025 §1, 2014;Ord. 2014-009 §1, 2014; Ord. 2001-048 §2, 2001)
Page 1 of 1- EXHIBIT A TO ORDINANCE NO. 2014-025
FINDINGS
I. APPLICABLE CRITERIA:
Title 22, Deschutes County Development Procedures Ordinance
II. BASIC FINDINGS:
PROPOSAL: Text amendment to Deschutes County Code (DCC) section 18.110.020 adding
Black Butte Ranch to the title. Currently, the title indicates this section only identifies Seventh
Mountain/Widgi Creek as a Resort District. While accurate it is incomplete by not also
identifying Black Butte Ranch.
III. CONCLUSIONARY FINDINGS:
A. CHAPTER 22.12, LEGISLATIVE PROCEDURES
1. Section 22.12.010.
No legislative change shall be adopted without review by the Planning
Commission and a public hearing before the Board of County Commissioners.
Public hearings before the Planning Commission shall be set at the discretion
of the Planning Director, unless otherwise required by state law.
FINDING: The Deschutes County Planning Commission reviewed the proposed text
amendment on August 14, 2104. A public hearing was held before the Board of County
Commissioners on September 15, 2014. This criterion was met.
2. Section 22.12.020, Notice
Notice
A. Published Notice
1. Notice of a legislative change shall be published in a newspaper of
general circulation in the county at least 10 days prior to each public
hearing.
2. The notice shall state the time and place of the hearing and contain a
statement describing the general subject matter of the ordinance under
consideration.
FINDING: Notice of this proposal and related public hearing was published in the Bend Bulletin
newspaper on August 31, 2014.
B. Posted Notice. Notice shall be posted at the discretion of the Planning
Director and where necessary to comply with ORS 203.045.
FINDING: Notice was posted on the bulletin board in the lobby of the Deschutes County
Community Development Department, 117 NW Lafayette, Bend.
PAGE 1 OF 3-EXHIBIT B TO ORDINANCE 2014-025
C. Individual notice. Individual notice to property owners, as defined in DCC
22.08.010(A), shall be provided at the discretion of the Planning Director,
except as required by ORS 215.503.
FINDING: Given the proposed amendment in question does not apply to any specific property,
no individual notices were sent.
D. Media notice. Copies of the notice of hearing shall be transmitted to other
newspapers published in Deschutes County.
FINDING: Notice was provided to the County public information official for wider media
distribution. This criterion has been met.
3. Section 22.12.030 Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals upon
payment of required fees as well as by the Board of County Commissioners.
FINDING: The application was initiated by the Deschutes County Planning Division, which
received a fee waiver. This criterion has been met.
4. Section 22.12.040. Hearings Body
A. The following shall serve as hearings or review body for legislative
changes in this order:
1. The Planning Commission.
2. The Board of County Commissioners.
FINDING: Both the Planning Commission and the Board of County Commissioners served as
review bodies for this legislative change is the order outlined above.
B. Any legislative change initiated by the Board of County Commissioners
shall be reviewed by the Planning Commission prior to action being taken
by the Board of Commissioners.
FINDING: The Planning Commission held a work session on August 14, 2014 to review the
proposed amendment and unanimously supported the change.
5. Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: File No. 247-14-00253-TA is implemented by Ordinance 2014-025 upon approval
and adoption by the Board; this criterion is met.
IV. PROPOSED TEXT AMENDMENTS:
The proposed text amendment is detailed with additional text identified by underline with
explanation of the proposed change below.
Title 18 of the Deschutes County Code Amendment:
Chapter 18.110, RESORT COMMUNITY ZONE
PAGE 2 OF 3-EXHIBIT B TO ORDINANCE 2014-025
18.110.020. Seventh Mountain/VVidgi Creek and Black Butte Ranch Resort Districts.
Explanation: This section applies to the resort districts of both the Seventh Mountain/VVidgi
Creek and Black Butte Ranch. An amendment to this title adding Seventh Mountain/VVidgi
Creek was included with other recent housekeeping text amendments (See TA-14-1) in an effort
clarify the applicability of this section to that resort. Black Butte Ranch was inadvertently
omitted. This amendment should have also included reference to Black Butte Ranch because
the resort district is applicable to both Seventh MountainNVidgi Creek and Black Butte Ranch.
The addition of Black Butte Ranch to the title will further clarify the applicability of this section.
The provision outlined in this section show that the section as intended to include Black Butte
Ranch.
This is a minor amendment and meant to put the code back to the status of the section prior to
the last, recently adopted housekeeping amendments.
The emergency clause is necessary in order to maintain the status quo and not inadvertently
omit allowed uses that were previously allowed or allow prohibited uses that were previously
prohibited in Black Butte Ranch. The emergency clause will avoid confusion for property
owners and developers in the event a new application is submitted for development or a code
enforcement complaint is submitted for property within the Black Butte Ranch resort community.
V. CONCLUSION:
Based on the information provided herein, the Board of County Commissioners approve of the
proposed text amendment to clarify section DCC 18.110.020 by adding Black Butte Ranch to
the title.
PAGE 3 OF 3-EXHIBIT B TO ORDINANCE 2014-025