2015-551-Ordinance No. 2015-018 Recorded 12/31/2015 DESCHUTES COUNTY OFFICIAL RECORDS W 2015.55+
REVIEWED NANCY BLANKENSHIP, COUNTY CLERK lrtl V
fta-yr, COMMISSIONERS' JOURNAL 1213112015 08:11:06 AM
LEGAL COUNSEL
[WI
BEFORE TI IE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 23 and the Deschutes County Comprehensive * ORDINANCE NO. 2015-018
Plan to Incorporate "Housekeeping"Changes that
Correct Errors, Incorporate Changes to State Law,
and Provide Clarification of Existing Regulations,
Procedures, and Policies.
Wi IEREAS, the Deschutes County Community Development Department (CDD) initiated amendments
(Planning Division File No. 247-15-000256-TA) to the Deschutes County Comprehensive Plan Chapter 4,
Urban Growth Management, and Appendix "C," Transportation System Plan to incorporate "housekeeping"
changes correct errors, incorporate changes to state law, and provide clarification of existing regulations,
procedures, and policies;and
WHEREAS,the Deschutes County Planning Commission reviewed the proposed changes on August 13,
2015 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 December 9, 2015,
and concluded that the public will benefit from the proposed changes to the Deschutes County Comprehensive
Plan and Deschutes County Code("DCC")Title 23; now,therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,OREGON, ORDAINS
as follows:
Section I. AMENDMENT. DCC 23.01.010, Introduction,•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 s riketh;ough.
Section 2. AMENDMENT. Deschutes County Comprehensive Plan Chapter 4, Urban Growth
Management, is amended to read as described in Exhibit"B,"attached hereto and by this reference incorporated
herein,with new language underlined and language to be deleted in=strikcthrough.
Section 3. AMENDMENT Deschutes County Comprehensive Plan Appendix "C," Transportation
System Plan, is amended to read as described in Exhibit "C," attached hereto and by this referenced
incorporated herein,with new language underlined and language to be deleted in strikes, et;ro gh.
Section 4. AMENDMENT. Deschutes County Comprehensive Plan Chapter 5, Supplementary
Sections, is amended to read as described in Exhibit "D," attached hereto and by this reference incorporated
herein,with new language underlined and language to be deleted in ctrikethrough.
///
PAGE 1 OF 2-ORDINANCE NO.2015-018
Section 5. FINDINGS. The Board adopts as its findings in support of this decision attached to
Ordinance 2015-018 as Exhibit"E"and incorporated by reference herein.
/r+
Dated this ( � of , 2015 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
ALAN UNGER, Vice Chair
ATTEST:
(2?)VIVAAI; (61-11)1A--- C6/173 Gt■I
Recording Secretary TAMMY BANEY, Comm. Toner
[)ate of 1st Reading: G'day of , 2015.
Date of 2°d Reading: Z'o . day of (1:2a-C. , , 2015.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Tammy Baney _✓
Anthony DeBone ✓
Alan Unger , ✓
Effective date: �0t i day of , 2016,
PAGE 2 OF 2-ORDINANCE NO.2015-018
Chapter 23.01 COMPREHENSIVE PLAN
Chapter 23.01 COMPREIIENSLVE PLAN
23.01.010. Introduction.
A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011-003
and found on the Deschutes County Community Development Department website, is incorporated
by reference herein.
B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2011-027, are incorporated by reference herein.
C. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-005, are incorporated by reference herein.
D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-012, are incorporated by reference herein.
E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-016, are incorporated by reference herein.
F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-002, are incorporated by reference herein.
G. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-009, are incorporated by reference herein.
11. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-012, are incorporated by reference herein.
I. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-007, are incorporated by reference herein.
J. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-005, are incorporated by reference herein.
K. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-006, are incorporated by reference herein.
L. The Deschutes County Comprehensive Plan amendments,adopted by the Board in Ordinance
2014-012, are incorporated by reference herein.
M. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-021, are incorporated by reference herein.
N. The Deschutes County Comprehensive Plan amendments,adopted by the Board in Ordinance
2014-027, are incorporated by reference herein.
O. The Deschutes County Comprehensive Plan amendments,adopted by the Board in Ordinance
2015-021, are incorporated by reference herein.
P. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-029, are incorporated by reference herein.
Q. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-018, are incorporated by reference herein.
(Ord. 2015-018 § 1, 2015;Ord. 2015-029 § 1, 2015; Ord. 2015-021 § 1, 2015; Ord. 2014-027 § 1,
2014; Ord. 2014-021 §1, 2014; Ord. 2014-12 §1, 2014; Ord. 2014-006 §2, 2014; Ord. 2014-005 §2,
2014; Ord. 2013-012 §2, 2013; Ord. 2013-009 §2, 2013; Ord. 2013-007 §1, 2013; Ord. 2013-002 §1,
2013; Ord. 2013-001 §1, 2013; Ord. 2012-016 §1, 2012; Ord. 2012-013 §1, 2012; Ord. 2012-005 §1,
2012; Ord. 2011-027 §1 through 12, 201 1; Ord. 2011-017 repealed; Ord.201 1-003 §3, 2011)
Click here to be directed to the Comprehensive Plan(http://www.deschutes.org/compplan)
Page 1 of 1 -EXHIBIT A OF ORDINANCE NO.2015-018
'1°1°14" Denotes portions of this Section not amended by Ordinance 2015-018.
Deschutes County Comprehensive Plan
Section 4.3 Unincorporated Communities
u
Table 4.3.1 —Deschutes County Unincorporated Communities 2010
Community Type Approval Date
Sunriver Urban Unincorporated Community Y 199 7
Terrebonne Rural Community 1997
Tumalo Rural Community 1997
Black Butte Ranch Resort Community 2001
Inn of the 7th Mountain/ Resort Community 2001
Widgi Creek
Alfalfa Rural Service Center 2002
Brothers Rural Service Center 2002
Hampton Rural Service Center 2002
Millican Rural Service Center 2002
Whistlestop Rural Service Center 2002
Wildhunt Rural Service Center 2002
Source:Deschutes County Planning Division
The policies for unincorporated communities are based on extensive, relatively recent public
input and are for the most part still relevant as of 2010. Consequently, only minor changes have
been made to those sections of this Plan. The exceptions are the Community Plans for Tumalo
and Terrebonne which are being adopted separately. These have been incorporated into this
plan as Sections 4.56 and 4.67.
Page 1 of 1 -EXHIBIT B OF ORDINANCE NO.2015-018
"****"Denotes portions of this Section not amended by Ordinance 2015-018.
2.2 Existing Transportation System and Current Needs
Rural Arterials
Baker Road/Knott Road/SE 27° Street
These roads connect to the US 97 Baker Road interchange at the far south end of Bend. Baker Road
provides access to the Deschutes River Woods neighborhoods just south of Bend and then connects to
Brookswood Boulevard, Bend's west side ring road. Knott Road provides access to the Deschutes
County Landfill before turning north and becoming SE 27th Street. The Knott/27th combination is the ring
road for Bend's east side. SE 27th Street continues north into the City of Bend,where this County arterial
becomes a City arterial north of Diamond Back Lane. Some travelers use a routing of Knott and Rickard
Road to reach US 20 to avoid the congestion of 27th Street,which also intersect US 20 in east-central
Bend
Baker Road
2009 traffic volumes
• 0.10 miles west of Cinder Butte Road 6,174 ADT
• 0.10 miles west of U5 97 8,404 ADT
Knott Road
2009 traffic volumes
• 0.10 miles east of US 97 6,269 ADT
• 0.20 miles east of 15th St. (Bend) 6,508 ADT
2008 traffic volumes
• 0.25 miles west of 27th St. (Bend) 6,039 ADT
SE 27th Street
2008 traffic volumes
• 0.10 miles south of Diamond Back Ln 7,656 ADT
Page 1 of 1 -EXHIBIT C OF ORDINANCE NO.2015-018
.Sect%ov15.12 Leg'sLat've H-'storU
Background
This section contains the legislative history of this Comprehensive Plan.
Table 5.1 1.1 Comprehensive Plan.Ordinance History
Ordinance Date Adopted/ Chapter/Section Amendment
Effective
All, except
Transportation, Tumalo
and Terrebonne
2011-003 8-10-1 1/1 1-9-1 I Community Plans, Comprehensive Plan update
Deschutes Junction,
Destination Resorts and
ordinances adopted in
2011
•
2.5, 2.6, 3.4, 3.10, 3.5, Housekeeping amendments to
2011-027 10-31-I 1/I 1-9-1 1 4.6, 5.3, 5.8, 5.I I, ensure a smooth transition to
23.40A, 23.40B,
the updated a
d d PI n
23.40.065, 23.01.010
P
23.60, 23.64 (repealed), Updated Transportation
2012-005 8-20-12/11-19-12 3.7 (revised), Appendix C System Plan
(added)
2012-012 8-20-12/8-20-12 4.1, 4.2 La Pine Urban Growth
Boundary
2012-016 12-3-12/3-4-13 3.9 Housekeeping amendments to
Destination Resort Chapter
Central Oregon Regional
2013-002 1-7-13/1-7-13 4.2 Large-lot Employment Land
Need Analysis
Comprehensive Plan Map
Amendment, changing
2013-009 2-6-13/5-8-13 1.3 designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan Map
2013-012 5-8-13/8-6-13 23.01.010 Amendment, including certain
property within City of Bend
Urban Growth Boundary
Newberry Country: A Plan
2013-007 5-29-13/8-27-13 3.10, 3.I I for Southern Deschutes
County
DESCHUTES COUNTY COMPREHENSIVE PLAN-201 I
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.1 1 GOAL S ADOPTED ORDINANCES
PAGE I OF 2—EXHIBIT D TO ORDINANCE 2015-018
Date Adopted/
Ordinance Effective Chapter/Section Amendment
Comprehensive Plan Map
2013-016 10-21-13/10-21-13 23.01.010 Amendment, including certain
property within City of Sisters
Urban Growth Boundary
Comprehensive Plan Map
2014-005 2-26-14/2-26-14 23.01.010 Amendment, including certain
property within City of Bend
Urban Growth Boundary
2014-012 4-2-14/7-1-14 3.10, 3.I I Housekeeping amendments to
Title 23.
Comprehensive Plan Map
Amendment, changing
designation of certain
2014-021 8-27-14/11-25-14 23.01.010, 5.10 property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
Comprehensive Plan Map
Amendment, changing
2014-027 12-15-14/3-31-15 23.01.010, 5.10 designation of certain
property from Agriculture to
Rural Industrial
Comprehensive Plan Map
Amendment, changing
2015-021 11-9-15/2-22-16 23.01.010 designation of certain
property from Agriculture to
Surface Mining.
Comprehensive Plan Map
Amendment, changing
2015-029 11-23-15/11-30-15 23.01.010 designation of certain
property from Tumalo
Residential 5-Acre Minimum
to Tumalo Industrial.
2015-018 12-9-15/3-27-16 23.01.010, 2.2, 4.3
Housekeeping Amendments
to Title 23.
2 DESCHUTES COUNTY COMPREHENSIVE PLAN-2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.I2LEGISLATIVE HISTORY
PAGE 2 OF 2.-EXHIBIT D TO ORDINANCE 2015-018
FINDINGS
I. APPLICABLE CRITERIA:
Title 22, Deschutes County Development Procedures Ordinance
II. BASIC FINDINGS:
A. PROPOSAL: The Planning Division determined minor changes were necessary to
clarify existing standards and procedural requirements, incorporated changes to state
law, and correct errors found in various sections of the Deschutes County Code (DCC).
Staff initiated the proposed changes and notified the Oregon Department of Land
Conservation and Development. The Deschutes County Board of County
Commissioners will review the proposed changes on December 9, 2015.
III. CONCLUSIONARY FINDINGS:
A. CHAPTER 22.12, LEGISLATIVE PROCEDURES
1. Section 22.12.010.
Hearing Required
FINDING: The applicant meets this criterion because a public hearing will be held before the
Deschutes County Board of County Commissioners on December 9, 2015.
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 proposed legislative changes was published in the Bend Bulletin
newspaper on November 29, 2015. This criterion has been met.
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 in the bulletin board in the lobby of the Deschutes County
Community Development Department, 117 NW Lafayette, Bend. This criterion has been met.
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.
Page 1 of 7— Exhibit E of Ordinance 2015-018
FINDING: Given the proposed legislative amendments do not apply to any specific property, no
individual notices were sent. This criterion has been met.
D. Media notice. Copies of the notice of hearing shall be transmitted to
other newspapers published in Deschutes County.
FINDING: Notice will be 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.
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 public hearing on July 9, 2015, to review the
proposed amendments. Then, on August 13, 2015, the Planning Commission voted
unanimously to recommend approval of the proposed amendments as amended. These criteria
have been met.
5. Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: The proposed legislative changes included in file no. 247-15-000256-TA will be
implemented by ordinances upon approval and adoption by the Board; this criterion will be met.
IV. PROPOSED TEXT AMENDMENTS:
The text amendments are detailed in the corresponding and referenced ordinance attached
hereto with additional text identified by underline and deleted text by -strikethla-peu-g,;. Below are
explanations of the changes.
A. Title 9 of the Deschutes County Code:
Chapter 9.04. DRUG PARAPHERNALIA
In March of 2014, the Board adopted an ordinance establishing a moratorium on the
operation of any marijuana dispensary in any area subject to the jurisdiction of Deschutes
Page 2 of 7— Exhibit E of Ordinance 2015-018
County. This ordinance included a sunset May 1, 2015, repealing the moratorium. The
amendment removes the moratorium from the County code. (Ord. 2015-013 Exhibit A)
B. Title 11, County Owned Land and Property:
Chapter 11.12. TRANSFERABLE DEVELOPMENT CREDIT PROGRAM
Section 11.12.020. TDC Transactions.
DCC 11.12.020(B)(3)(c) includes a typo incorrectly referring to DCC 11.12.010, Definitions,
and not the appropriate section of DCC 11.12.020, TDC Transactions. The amendment
corrects the reference. (Ord. 2015-014 Exhibit A)
C. Title 17, Subdivisions:
Table A Minimum Design Standards
Note#20 of the table references zones and standards for the La Pine Urban Unincorporated
Community that are now within the city limits of La Pine and no longer under the jurisdiction
of Deschutes County. The amendments remove these references. (Ord. 2015.015 Exhibit
A)
D. Title 18, County Zoning:
Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS
Section 18.04.030. Definitions.
DCC 18.04.030 includes several definitions that are associated solely with the La Pine
Neighborhood Planning Area that is now located entirely within the city limits of La Pine and
no longer under the jurisdiction of Deschutes County. The amendments delete these
definitions from the code. (Ord. 2015-016 Exhibit A)
Chapter 18.18 EXCLUSIVE FARM USE ZONE
Section 18.16.040. Limitations on Conditional Uses.
DCC 18.16.040 currently only references conditional uses permitted in DCC 18.16.030.
However, the conditional uses permitted under sections 18.16.031 and 18.16.033 are
allowed either under Oregon Revised Statute (ORS) 215.283(2) or Oregon Administrative
Rule (OAR) 660-033-0120 and also subject to ORS 215.296. The amendment adds
reference to DCC 18.16.031 and 18.16.033 for clarification. (Ord. 2015-016 Exhibit B)
Chapter 18.60 RURAL RESIDENTIAL ZONE—RR-10
Section 18.60.090. Oregon Water Wonderland Unit 2 Sewer District Limited Use
Combining Zone.
The County Comprehensive Plan was updated and reformatted in 2011. The amendment
corrects this reference to reflect the format change and identifies the new section number.
(Ord. 2015-016 Exhibit C)
Page 3 of 7— Exhibit E of Ordinance 2015-018
Chapter 18.67. TUMALO RURAL COMMUNITY ZONING DISTRICTS
Section 18.67.080. Standards for All Districts.
DCC 18.67.080(G), river setback, currently only refers to structures located within 100-feet
of the river and the requirement that a setback exception to the 100-foot setback shall be
approved. Instead, this section should state the required setback is a minimum of 100-feet
while also noting there is opportunity for an exception. The amendment clarifies the
standard. (Ord. 2015-016 Exhibit D)
Chapter 18.84. LANDSCAPE MANAGEMENT COMBINING - LM ZONE
Section 18.84.050. Use limitations.
As currently worded, this section requires that all substantial alterations, interior or exterior,
requiring a building permit receive LM site plan approval. The regulation and review of
interior alterations is not related to the purpose of the LM zone which is "...to maintain
scenic and natural resources of the designated areas and to maintain and enhance scenic
vistas and natural landscapes as seen from designated roads, rivers, or streams." Staff
believes this is an oversight from previous amendments that were not related to the interior
alterations.
In Ordinance 91-20, Section 18.84.050, Use limitations, previously stated:
No structure, including agricultural buildings, shall be erected or substantially altered
externally within one-quarter mile (measured at right angles from centerline of any
identified landscape management roadway or within 200 feet of the ordinary[mean]high
water mark of any identified landscape management corridor along a river) without first
obtaining the approval of the Planning Director or Hearings Body. (emphasis added)
Then, Ordinance 92-034 amended 18.84.050 to its current wording which omitted the
reference to exterior alterations. Exhibit "C" of Ordinance 92-034 summarizes the
amendments noting, "Section 18.84.050 requires site plan review for structures within the
LM zone, clarifies the amount of alteration allowed without site plan review and exempts
structures which will not be and will remain invisible from a designated roadway, river, or
stream from the provision of site plan review." Staff concludes the omission of reference to
exterior alterations was done in error.
This section also included a reference to DCC 18.124, Site Plan Review. However, DCC
18.124 is not applicable to the LM zone. The site plan review requirements and standards
that are applicable to the LM zone are outlined in the Chapter 18.84. The amendment
removes this reference.
Section 18.84.080. Design Review
DCC 18.84.080(D) includes a typo in the reference to DCC18.84.090(E). The amendment
removes this error.
DCC 18.84.080(E) as currently worded erroneously exempts agricultural structures located
at least 50 feet from a rimrock for the standards of DCC18.84.080, instead of the height limit
of the section as intended. The amendment corrects this error.
Page 4 of 7— Exhibit E of Ordinance 2015-018
DCC 18.84.080(J) currently refers to Squaw Creek, the previous name of Whychus Creek.
The amendment corrects the name.
(Ord 2015-016 Exhibit E)
Chapter 18.108. URBAN UNINCORPORATED COMMUNITY ZONE -SUNRIVER
Section 18.108.055 Town Center—TC District
The County Comprehensive Plan was updated and reformatted in 2011. The amendments
correct this reference to reflect the format change and identify the new section number.
(Ord. 2015-016 Exhibit F)
Chapter 18.113. DESTINATION RESORTS ZONES - DR
Section 18.113.060. Standards for Destination Resorts.
Ordinance 2013-008 approved a ratio of 2.5:1 for residential units to overnight available in
destination resorts. Section 18.113.060(A)(1)(b)(iv) was not previously updated to reflect
this new standard. The amendment makes the approved change to this section. (Ord.
2015-016 Exhibit G)
Chapter 18.128. CONDITIONAL USE
Section 18.128.200. Cluster Development(Single-Family Residential Uses Only).
The County Comprehensive Plan was updated and reformatted in 2011. The amendment
corrects this reference to reflect the format change. (Ord. 2015-016 Exhibit H)
E. Title 22, Deschutes county Development Procedures Ordinances:
Chapter 22.08. GENERAL PROVISIONS
Section 22.08.010. Application Requirements.
The review of select land applications requires a hearings officer deposit for cost of services
to be submitted as part of an application. Currently there is no reference to this deposit in
the application requirements. The amendment specifies that a hearings officer deposit shall
be submitted or requested prior to deeming the application complete. (Ord. 2015-017
Exhibit A)
Chapter 22.28. LAND USE ACTION DECISIONS
Section 22.28.020. Notice of decision.
This section currently requires hearings body decisions be mailed to all parties. This can be
and has been a considerable expense and may not be necessary given the availability of
decisions online or upon request. Instead, the amendment indicates notice of the decision
will be sent to all parties. Decisions will continue to be available online or upon request.
(Ord. 2015-017 Exhibit B)
Chapter 22.32. APPEALS
Section 22.32.015. Filing appeals.
DCC 22.32.015(D) specifies that appeal fees shall be paid by cash, check, money order, or
purchase order for government agencies. This standard was added by Ord. 98-019 (TA98-
Page 5 of 7--- Exhibit E of Ordinance 2015-018
6) to explicitly allow governmental agencies to pay for an appeal with a purchase order in
addition to cash, check, or money order. Since the adoption of Ord. 98-019, the Community
Development Department is now able to accept payments via credit card. Instead of adding
credit cards to the list of payment options, the terminology is simplified to acknowledge all
acceptable forms of payment.
Section 22.32.024. Transcript requirement
DCC 22.32.024 currently requires an appellant to provide a complete transcript of for the
appeal hearing. However, with the availability of audio and video recordings of hearings,
such a transcript is not always necessary. Therefore, this change provides opportunity for
the appeal hearings body to waive the requirement of providing a complete transcript.
(Ord. 2015-017 Exhibit C)
Chapter 22.34. PROCEEDINGS ON REMAND
Section 22.34.030. Notice and hearings requirements.
Oregon Legislature enacted House Bill (HB) 2830 amending the LUBA remand procedures.
In summary, the amendment extends the 90-day review time period to 120-days upon
request from the applicant that the county proceed with review. The amendment also
provides opportunity for this time period to be extended an additional 365 days if the parties
enter into mediation as provided by ORS 197.860 prior to the expiration of the initial 120-day
period. If the county does not receive the request to proceed from the applicant within 180
days of the effective date of the final order or the final resolution of the judicial review or if
not resolved through mediation prior to the expiration of the 365-day extension, the county
shall deem the application terminated. The amendment reflects this legislation. (Ord. 2015-
017 Exhibit D)
Chapter 22.36. LIMITATIONS ON APPROVALS
Section 22.36.010. Expiration of approval.
DCC 22.36.010(B)(4)(a) indicates the approval period for replacement dwellings in the EFU
zone is for 4 years. However, recent amendments to ORS 215.417 removed replacement
dwellings from the list of uses with 4 year approval periods. Instead, replacement dwellings
are subject to the general 2 year approval period. The amendment corrects this error. (Ord.
2015-017 Exhibit E)
F. Title 23, Deschutes County Comprehensive Plan:
Chapter 4. URBAN GROWTH MANAGEMENT
Section 4.3 Unincorporated Communities/
Table 4.3.1 —Deschutes County Unincorporated Communities 2010
The narrative after the table notes the Community Plans for Tumalo and Terrebonne are in
Sections 4.5 and 4.6, respectively. However, text amendments previously approved
renumbered these Sections to 4.6 and 4.7. The amendment corrects error. (Ord. 2015-018
Exhibit B)
APPENDIX C—TRANSPORTATION SYSTEM PLAN
Section 2.2 Existing Transportation System and Current Needs
Page 6 of 7— Exhibit E of Ordinance 2015-018
The County TSP does not currently include a description of SE 27th Street, which forms
portions of the southeast boundary of the city limits and urban growth boundary the City of
Bend. Because portions of the road and property adjacent are located in areas under
County jurisdiction, inclusion of the road on the TSP is warranted. The County Road
Department road inventory identifies this segment of road as a rural arterial and the most
recent traffic count in 2008 found 7,656 average daily trips(ADT). The amendment adds SE
279' Street to the existing description of Baker Road and Knott Road because it is natural
extension of the same corridor. (Ord. 2015-018 Exhibit C)
V. CONCLUSION:
Based on the information provided herein, the Board of County Commissioners APPROVE the
proposed text amendments that make minor changes necessary to clarify existing standards
and procedural requirements, incorporate changes to state law, and to correct errors.
Page 7 of 7— Exhibit E of Ordinance 2015-018