2016-591-Ordinance No. 2016-027 Recorded 12/30/2016REVIEWED
rn,
LEGAL COUNSEL
DESCHUTES
NANCY BLANKENSHIP,FCOUNTY CLERKS Vu n16.591
COMMISSIONERS' JOURNAL 12/30/2015 02:39:51 PM
IIIIIuIII III III
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance repealing Ordinance 2016-001,
and Declaring an Emergency.
*
ORDINANCE NO. 2016-027
WHEREAS, on January 6, 2016, the Board of County Commissioners ("Board") adopted Ordinance
2016-001 to amend Title 23 of the Deschutes County Code to approve a goal exception to Statewide Planning
Goal 14 (Goal 14) and to change the comprehensive plan designation of certain property from Agriculture to
Rural Industrial; and
WHEREAS, the Land Use Board of Appeal on August 10, 2016 remanded an "irrevocably committed"
exception to Goal 14 and a Plan Amendment to change the comprehensive plan designation of certain property
from Agriculture to Rural Industrial; and
WHEREAS, on remand, Anthony Aceti proposed a Plan Amendment to Deschutes County Code
("DCC"), Section 23.01.010, Introduction, and Deschutes County Comprehensive Plan, Section 5.12,
Legislative History, to change the comprehensive plan designation of certain property from Agriculture to Rural
Industrial; and
WHEREAS, the Board of County Commissioners considered this matter after a duly noticed public
hearing on October 31, 2016, and concluded that the public will benefit from the repeal of Ordinance No. 2016-
001; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. REPEALED. Ordinance 2016-001 is hereby repealed in its entirety.
Section 2. AMENDMENT. Deschutes County Code 23.01.010, Introduction, is amended to read
as described in Exhibit "A," attached and incorporated by reference herein, with new language underlined and
deleted language set forth in Etrikethrough.
Section 3. AMENDMENT. Deschutes County Comprehensive Plan Section 5.10, Goal Exception
Statements, is amended to read as described in Exhibit "B," attached and incorporated by reference herein with
deleted language set forth in ctrikethrough.
Section 4. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
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PAGE 1 OF 2 - ORDINANCE NO. 2016-027
Dated this L "'of • , 2016 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
ALAN UNGER, Chair
TAMMY BANEY, Vic( hair
a7t-04.9-A6'
ANTHONY DEBONE, Commissioner
Date of 1st Reading: (V/day of C= , 2016.
Date of 2nd Reading: day of Ike-- • , 2016.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Alan Unger
Tammy Baney
Anthony DeBone �t
Effective date: �� 'day of , 2016.
PAGE 2 OF 2 - ORDINANCE NO. 2016-027
Chapter 23.01 COMPREHENSIVE PLAN
Chapter 23.01 COMPREHENSIVE PLAN
23.01.010. Introduction.
A. The Deschutes County Comprehensive
and found on the Deschutes County Communit
by reference herein.
B. The Deschutes County Comprehensive
2011-027, are incorporated by reference herein.
C. The Deschutes County Comprehensive
2012-005, are incorporated by reference herein.
D. The Deschutes County Comprehensive
2012-012, are incorporated by reference herein.
E. The Deschutes County Comprehensive
2012-016, are incorporated by reference herein.
F. The Deschutes County Comprehensive
2013-002, are incorporated by reference herein.
G. The Deschutes County Comprehensive
2013-009, are incorporated by reference herein.
H. The Deschutes County Comprehensive
2013-012, are incorporated by reference herein.
I. The Deschutes County Comprehensive
2013-007, are incorporated by reference herein.
J. The Deschutes County Comprehensive
2014-005, are incorporated by reference herein.
K. The Deschutes County Comprehensive
2014-006, are incorporated by reference herein.
L. The Deschutes County Comprehensive
2014-012, are incorporated by reference herein.
M. The Deschutes County Comprehensive
2014-021, are incorporated by reference herein.
N. The Deschutes County Comprehensive
2014-027, are incorporated by reference herein.
O. The Deschutes County Comprehensive
2015-021, are incorporated by reference herein
P. The Deschutes County Comprehensive
2015-029, are incorporated by reference herein
Q. The Deschutes County Comprehensive
2015-018, are incorporated by reference herein
R. The Deschutes County Comprehensive
2015-010, are incorporated by reference herein
S. The Deschutes County Comprehensive
2016-001, are incorporated by reference herein
T. The Deschutes County Comprehensive
2016-022, are incorporated by reference herein
U. The Deschutes County Comprehensive
2016-005, are incorporated by reference herein
Plan, adopted by the Board in Ordinance 2011-003
y Development Department website, is incorporated
Plan amendments, adopted by the Board in Ordinance
Plan amendments, adopted by the Board in Ordinance
Plan amendments, adopted by the Board in Ordinance
Plan amendments, adopted by the Board in Ordinance
Plan amendments, adopted by the Board in Ordinance
Plan amendments, adopted by the Board in Ordinance
Plan amendments, adopted by the Board in Ordinance
Plan amendments, adopted by the Board in Ordinance
Plan amendments, adopted by the Board in Ordinance
Plan amendments, adopted by the Board in Ordinance
Plan amendments, adopted by the Board in Ordinance
Plan amendments, adopted by the Board in Ordinance
Plan amendments, adopted by the Board in Ordinance
Plan amendments, adopted by the Board in Ordinance
Plan amendments, adopted by the Board in Ordinance
Plan amendments, adopted by the Board in Ordinance
Plan amendments, adopted by the Board in Ordinance
Plan amendments, adopted by the Board in Ordinance
Plan amendments, adopted by the Board in Ordinance
Plan amendments, adopted by the Board in Ordinance
PAGE 1 OF 2 — EXHIBIT A TO ORDINANCE 2016-027
V. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-027, are incorporated by reference herein.
(Ord. 2016-027 ,S1, 2016; Ord. 2016-005 §1, 2016; Ord. 2016-022 §1, 2016; Ord. 2016-001 §1, 2016;
Ord. 2015-010 §1, 2015; 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, 2011; Ord. 2011-017 repealed;
Ord.2011-003 §3, 2011)
Click here to be directed to the Comprehensive Plan (http://www.deschutes.org/compplan)
PAGE 2 OF 2 — EXHIBIT A TO ORDINANCE 2016-027
sem, 5. 10 oct) t& Statemeints
Background
The purpose of this section is to identify the lands where Deschutes County demonstrated an
exception to meeting the requirements of the Statewide Planning Goals. The intent of goal
exceptions is to allow some flexibility in rural areas under strictly defined circumstances. Goal
exceptions are defined and regulated by Statewide Planning Goal 2 and Oregon Adminstrative
Rule 660-004 (excerpt below).
66{-004-DD0OCQAnexception isodecision toexdudecertain land frmnnthe requirements u�
one or more applicable statewide goals in accordance with the process specified in Goal 2,
Part 11, Exceptions. The documentation for an exception must be set forth in o/hco/
government's comprehensive plan. Such documentation must support a conclusion that the
standards for an exception have been met.
Statewide Planning Goals with Deschutes County Exceptions
• Goal 3 Agricultural Lands
• Goal 4 Forest Lands
• Goal 11 Public Facilities and Services
• Goal 14 Urbanization
Three types of exceptions are permitted by Oregon Administrative Rule 660-004
• Irrevocably committed
• Physically developed
• Reasons
The summary below identifies approved goal exceions and identifies the ad�n�ordinance
for those interested in further information. The ordinances listed are incorporated
� - by reference
into this Plan.
1979 Exceptions
Comprehensive PIan entire County — PL 20 - /979
During the preparation of the 1979 Comprehensive Plan it was apparent that many rural lands
had already received substantial development and were committed to non -resource uses. Areas
were examined and identified where Goal 3 and 4 exceptions were taken. At this time
exceptions to Goals 11 and |4vverenotrequ|rcd.
The total area excepted was 41.558 acres. These lands were residentially developed,
committed to development or needed for rural service centers.
Additional Exceptions
Bend Municipal Airport — Ordinances 80-203, /g8Oand 8O'222' /980
The Bend Municipal Airport received an exception to Goal 3 to allow for the necessary and
expected use of airport property.
LoPine UUCBoundary — Ordinance 98'00/' /998
Exceptions to Goals 3, 11 and /4 were taken to allow lands to be inc/uded in the La Pine UUC
boundary and planned and zoned for commercial use.
DESCHUTES COUNTY COMPREHENSIVE PLAN -2O||
CHAPTER SSUPPLEMENTAL SECTIONS SECTION 5.1 1 GOAL 5 ADOPTED ORDINANCES
PAGE OF 3 - EXHIBIT B TO ORDINANCE 2016-027
Spring River Rural Service Center — Ordinances 90-009, 1990; 90-010, 1990; 96-022, 1996; 96-045„
1996
A reasons exception was taken to Goal 14 to allow the establishment of the Spring River Rural
Service Center on residentially designated lands.
Burgess Road and Highway 97 — Ordinance 97-060, 1997
An exception was taken to Goal 4 to allow for road improvements.
Rural Industrial Zone — Ordinances 2010-030, 2010; 2009-007, 2009
Two separate ordinances for rural industrial uses. The 2009 exception included an irrevocably
committed exception to Goal 3 and a reasons exception to Goal 14 with a Limited Use
Combining Zone for storage, crushing, processing, sale and distribution of minerals. The 2010
exception took a reasons exception to Goal 14 with a Limited Use Combing Zone for storage,
crushing, processing, sale and distribution of minerals.
Prineville Railway — Ordinance 98-0 17
An exception was taken to Goal 3 to accommodate the relocation of the Redmond Railway
Depot and the use of the site for an historic structure to be utilized in conjunction with the
Crooked River Dinner Train operations.
Resort Communities — Ordinance 2001-047, 2001
An exception was taken to Goal 4 for Black Butte Ranch and Inn of the 7th Mountain/Widgi
Creek during the designation of those communities as Resort Communities under OAR 660-
22.
Barclay Meadows Business Park — Ordinance 2003-11, 2003
A reasons exception was taken to Goal 3 to include certain property within the Sisters Urban
Growth Boundary.
Sisters School District # 6 — Ordinance 2003-1 I, 2003
A reasons exception was taken to Goal 3 to include certain property within the Sisters Urban
Growth Boundary.
Sisters Organization of Activities and Recreation and Sisters School District #6 — Ordinance 2003-017,
2003
A reasons exception was taken to Goal 4 to include certain property within the Sisters Urban
Growth Boundary.
Oregon Water Wonderland Unit 2 Sewer District — Ordinances 2010-015, 2010; 2003-015, 2003
A reasons exception was taken to Goals 4 and 11 to allow uses approved by the Board of
County Commissioners in PA -02-5 and ZC-02-3 as amended by PA -09-4.
City of Bend Urban Growth Boundary Amendment (juniper Ridge) — Ordinance 97-060. 1997
An exception was taken to Goal 3 to allow an amendment of the Bend Urban Growth
Boundary to incorporate 513 acres for industrial uses.
Joyce Coats Revocable Trust Johnson Road and Tumalo Reservoir Road Properties — Ordinance 2005-
015, 2005
An irrevocably committed exception was taken to Goal 3 to allow a change of comprehensive
plan designation from Surface Mining to Rural Residential Exception Area and zoning from
Surface Mining to Multiple Use Agriculture for Surface Mine Sites 306 and 307.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.1 2LEGISLATIVE HISTORY
PAGE 2 OF 3 - EXHIBIT B TO ORDINANCE 2016-027
Watson/Generation Development inc — Ordinance 2005-015
An exception was taken to Goal 3 to include a portion of agricultural property.
Oregon Department of Transportation — Ordinance 2005-019, 2005
An exception was taken to Goal 3 to include a portion of agricultural property.
Conklin/Eady Property — Ordinance 2005-035, 2005
An exception was taken to Goal 3 to include a portion of agricultural property.
City of Sisters Property — Ordinance 2005-037, 2005
An exception was taken to Goal 4 to include a portion of forest property.
McKenzie Meadows Property — Ordinance 2005-039, 2005
An exception was taken to Goal 4 to include a portion of forest property.
Bend Metro Park and Recreation District Properties — Ordinance 2006-025
A reasons exception was taken to Goal 3 to include a portion of agricultural property.
Harris and Nancy Kimble Property and Portion of CLR, Inc Property A.K.A. the Klippel Pit Property —
Ordinance 2008-001, 2008
An irrevocably committed exception was taken to Goal 3 to allow reclassification and zoning
from Surface Mine to Rural Residential Exception Area and Rural Residential 10 acre for
Surface Mine Site 294.
Sunriver Service District, Sunriver Fire Department — Ordinance 2014-021, 2014
A reasons exception was taken to Goal 4 to include a portion of forest property. To ensure
that the uses in the Sunriver Utility District Zone on the approximate 4.28 acre site of Tax Lot
102 on Deschutes County Assessor's Map 19-1 1-00 are limited in nature and scope to those
justifying the exception to Goal 4 for the site, the Sunriver Forest (SUF) zoning on the subject
site shall be subject to a Limited Use Combining Zone, which will limit the uses on the subject
site to a fire training facility and access road for the Sunriver Service District and Sunriver Fire
Department.
Frances Ramsey Trust Property — Ordinance 2014-027, 2014
An "irrevocably committed" exception was taken to Goal 14 to allow for reclassification and
rezoning from agricultural property to Rural Industrial for a 2.65 acre portion of a parcel zoned
EFU/RI.
c Co -al 1 _ . _ - . cat: and
rczcning from agric ndustrial for 21.59 acrcs of a parcel zoned EFU/RI.
The parcels arc identified as 16 12 26C, 201 and 16 12 27D, 104.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 201 I
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.1 1 GOAL 5 ADOPTED ORDINANCES
PAGE 3 OF 3 — EXHIBIT B TO ORDINANCE 2016-027