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2017-381-Minutes for Meeting June 05,2017 Recorded 7/14/2017"CES Recorded in Deschutes County CJ2017-381 W" -4 Nancy Blankenship, County Clerk Q � -< Commissioners' Journal 07/14/2017 4:19:49 PM I2017 -381I I I I II I II'II II I II II 1 I IIl I III Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97703-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, JUNE 5, 2017 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Tammy Baney, Phil Henderson and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Ross, Board Executive Secretary. No representatives of the media were in attendance. CALL TO ORDER: Chair Baney called the meeting to order at 10:04 a.m. PLEDGE OF ALLEGIANCE CITIZEN INPUT: None were offered. CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. HENDERSON: Move approval of Consent Agenda minus Items 2 and 4 to be pulled for discussion. DEBONE: Second. Minutes of Board of Commissioners' Business Meeting June 5, 2017 Page 1 of 7 VOTE: HENDERSON: Yes. DEBONE: Yes. BANEY: Chair votes yes. Motion Carried Consent Akenda Items: 1. Consideration of Chair Signature of Document No. 2017-331, Title V Grant 2. Consideration of Board Approval of Document No. 2017-335, System Development Charge Installment Plan 3. Consideration of Board Signature on letter thanking Michael Shadrach for his service on the Audit Committee 4. Consideration of Board Signature on letter of reappointment for Craig Horrell, William Seitz, and Kate Fitzpatrick on the Deschutes River Mitigation & Enhancement Committee ACTION ITEMS: • Consent Agenda Item 2, Pulled for Discussion: Consideration of Board Approval of Document No. 2017-335, System Development Charge Installment Plan County Administrator Anderson explained Deschutes County Code allows that an owner of a real property can make an application to the County to pay system development charges in installments. This agreement would allow the property owner a payment plan over 10 years. HENDERSON: Move approval DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes BANEY: Chair votes yes. Motion carried • Consent Agenda Item 4, Pulled. for Discussion: Consideration of Board Signature on letter of reappointment for Craig Horrell, William Seitz, and Kate Fitzpatrick on the Deschutes River Mitigation & Enhancement Committee Peter Gutowsky, Senior Planner explained the Deschutes River Mitigation & Enhancement Committee was established as a result of a Central Oregon Irrigation District hydroelectric project license and conditional use permit. This program helps with funding to develop and implement a fish and wildlife habitat mitigation and Minutes of Board of Commissioners' Business Meeting June 5, 2017 Page 2 of 7 enhancement program for the Upper Deschutes River Basin. Mr. Gutowsky reviewed the representation of the membership. DEBONE: Move approval HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes BANEY: Chair votes yes. Motion carried 5. Consideration of Board Signature of Document 2017-302, a Land Donation Agreement with Habitat for Humanity of La Pine Sunriver, Inc. James Lewis, Property Management Specialist along with two representatives from Habitat for Humanity, Wade Watson and Dwane Krumme presented the document for consideration. The agreement stipulates the County's intent to donate two parcels in La Pine Oregon to Habitat for Humanity of La Pine Sunriver for affordable housing. Mr. Mr. Lewis reviewed the plan for construction on the parcels for a minimum of 16 single family homes with completion of the infrastructure within one year and a four year timeline for construction of all homes. Habitat for Humanity will coordinate development with the adjoining property housing developer, Housing Works. Commissioner Henderson noted his concern when granting land that the construction should have time tables for completion. Commissioner Baney noted the timelines and requirements and certain obligations that need to be met for construction project funding causing the schedule restrictions. Habitat for Humanity will maintain a low level for the cost of the construction for affordable housing. Commissioner DeBone commented to also include education and preparation for the system development charges. DEBONE: Move approval HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes BANEY: Chair votes yes. Motion carried 5. PUBLIC HEARING: Plan Amendment and Zone Change (File No. 247-16-000317- ZC and 247 -16 -000318 -PA) Chair Baney opened the public hearing. Peter Gutowsky, Senior Planner, presented on behalf of Chris Schmoyer and outlined the hearing procedures and preliminary statement. Minutes of Board of Commissioners' Business Meeting June 5, 2017 Page 3 of 7 No conflicts were presented by the Board. A County Hearing's Officer issued a decision approving the proposed zone change and plan amendment. The proposal involves a plan amendment from Agriculture to Rural Residential Exception Area and zone change from Exclusive Farm Use to Multiple Use Agricultural for an approximate 34.6 acre parcel abutting the City of Bend Urban Growth Boundary on the east side of Bend. The County procedures ordinance requires the Board to conduct a public hearing. Chair Baney opened the hearing for public comment. • Liz Fancher, attorney represented the applicant Porter Kelly Burns Land Holdings, LLC and reviewed a power point slide presentation which is attached to the record. Ms. Fancher is asking the County to approve the requested changes and to impose the condition of approval requested by the applicant and 1000 Friends of Oregon. • David Morman is a resident near the property in question. Mr. Molinari commented the new information on the property ponds is a positive development and the neighbors had always seen this property as a potential park. At this time, Chair Baney closed the oral portion of the hearing. The record will remain open until 5:00 p.m. Monday, June 12th and rebuttal response will be due by 5:00 p.m. Monday, June 19ti, and final arguments seven days later. CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 12. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District, in the Amount of $12,080.52 DEBONE: Move approval, subject to review HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes BANEY: Chair votes yes. Motion carried Minutes of Board of Commissioners' Business Meeting June 5, 2017 Page 4 of 7 CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 13. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District, in the Amount of $677.84 DEBONE: Move approval, subject to review HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes BANEY: Chair votes yes. Motion carried RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 14. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County, in the Amount of $510,927.24 DEBONE: Move approval, subject to review HENDERSON: Second County Administrator Anderson noted a purchase for radios for the Sheriff's Office VOTE: DEBONE: Yes HENDERSON: Yes BANEY: Chair votes yes. Motion carried OTHER ITEMS: • Letter regarding Senate Bill 327. Legal Counsel Dave Doyle presented consideration for a letter of support for Senate Bill 327 relating to immunity from claims of persons entering land for recreational use. Commissioner Henderson made suggested revisions. HENDERSON: Move approval, with amendments. DEBONE: Second Minutes of Board of Commissioners' Business Meeting June 5, 2017 Page 5 of 7 VOTE: HENDERSON: Yes DEBONE: Yes BANEY: Chair votes yes. Motion carried. • Commissioner Henderson reported sending a memo to the County Administrator requesting information regarding the process of salary setting for non-union employees. OTHER ITEMS: At this time of 11:46 a.m. the Board went into recess to reconvene in the Allen Conference Room. At this time of 11:56 a.m. the Board went into Executive Session under 192.660 (2) (h) Litigation. The Board came out of Executive Session at 12:29 p.m. for the following motion. DEBONE: Move approval to direct staff to move forward with item discussed during the Executive Session. BANEY: Second VOTE: DEBONE: Yes HENDERSON: No BANEY: Chair votes yes. Motion carried At this time of 12:30 p.m. the Board went into Executive Session under 192.660 (2) (h) Litigation. The Board came out of Executive Session at 12:41 p.m. for the following motion. DEBONE: Move approval to direct staff to move forward with item discussed during the Executive Session. BANEY: Second VOTE: DEBONE: Yes HENDERSON: Yes BANEY: Chair votes yes. Motion carried At this time of 12:42 p.m. the Board went into Executive Session under 192.660 (2) (h) Litigation. The Board came out of Executive Session at 1:00 p.m. Minutes of Board of Commissioners' Business Meeting June 5,2017 Page 6of7 ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 1:00 p.m. DATED this /Day of .J 2017 for the Deschutes County Board of Commissioners. Tammy Baney, Recording Secretary Minutes of Board of Commissioners' Business Meeting atoniac-a— Anthony DeBone, Vic Chair A 1rL Pilip G` nderson, Commissioner June 5,2017 Page 7of7 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS, 10:00 AM, MONDAY, JUNE 5, 2017 Barnes and Sawyer Rooms - Deschutes Services Center — 1300 NW Wall Street — Bend Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be considered or discussed at the meeting. This notice does not limit the ability of the Board to address additional subjects. Meetings are subject to cancellation without notice. This meeting is open to the public and interested citizens are invited to attend. Business Meetings are usually recorded on video and audio, and can be viewed by the public live or at a later date; and written minutes are taken for the record. CALL TO ORDER PLEDGE OF ALLEGIANCE CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the Recording Secretary. Use the microphone and clearly state your name when the Board Chair calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing not being conducted as a part of this meeting will NOT be included in the official record of that hearing. If you offer or display to the Board any written documents, photographs or other printed matter as part of your testimony during a public hearing, please be advised that staff is required to retain those documents as part of the permanent record of that hearing. CONSENT AGENDA 1. Consideration of Chair Signature of Document No. 2017-331, Title V Grant 2. Consideration of Board Approval of Document No. 2017-335, System Development Charge Installment Plan 3. Consideration of Board Signature on letter thanking Michael Shadrach for his service on the Audit Committee Board of Commissioners Business Meeting Agenda Monday, June 5, 2017 Page 1 of 3 4. Consideration of Board Signature on letter of reappointment for Craig Horrell, William Seitz, and Kate Fitzpatrick on the Deschutes River Mitigation & Enhancement Committee ACTION ITEMS 5. Consideration of Board Signature of Document 2017-302, a Land Donation Agreement with Habitat for Humanity of La Pine Sunriver, Inc. - James Lewis, Property Management Specialist 6. PUBLIC HEARING: Plan Amendment and Zone Change (File No. 247-16-000317-ZC and 247 -16 -000318 -PA) - Chris Schmoyer, Associate Planner CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 7. Consideration of Approval of Weekly Accounts Payable Vouchers CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 8. Consideration of Approval of Weekly Accounts Payable Vouchers RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 9. Consideration of Approval of Weekly Accounts Payable Vouchers OTHER ITEMS 10. EXECUTIVE SESSION under ORS 192.660(2)(h) Litigation These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. At any time during the 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; ORS 192.660(2)(b), personnel issues; or other executive session categories. Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. Board of Commissioners Business Meeting Agenda Monday, June 5, 2017 Page 2 of 3 ADJOURN To watch this meeting on line, go to: www.deschutes.orq/meetings Please note that the video will not show up until recording begins. You can also view past meetings on video by selecting the date shown on the website calendar. Deschutes County encourages persons with disabilities to participate in all programs and activities. To request this information in an alternate format please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.arch/rneetingcalendar (Please note: Meeting dates and times are subject to change. All meetings take place 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.) Board of Commissioners Business Meeting Agenda Monday, June 5, 2017 Page 3 of 3 TES o+' Deschutes County Board of Commissioners 1300 NW WaII St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Business Meeting of June 5, 2017 DATE: May 24, 2017 FROM: Chris Schmoyer, Community Development, 541-317-3164 TITLE OF AGENDA ITEM: PUBLIC HEARING: Plan Amendment and Zone Change (File No. 247-16-000317-ZC and 247- 16 -000318 -PA) PUBLIC HEARING ON THIS DATE?: Yes CONTRACTOR: Applicant: Porter Kelly Burns Landholdings, LLC; Attorney: Liz Fancher, Attorney at Law BACKGROUND AND POLICY IMPLICATIONS: A County Hearings Officer issued a Decision approving the proposed zone change and plan amendment. The proposal involves a plan amendment from Agriculture to Rural Residential Exception Area (RREA) and zone change from Exclusive Farm Use to Multiple Use Agricultural (MUA-10) for an approximate 34.6 acre parcel abutting the City of Bend Urban Growth Boundary (UGB) on the east side of Bend. The County procedures ordinance requires the Board to conduct a public hearing. Deschutes County Code (DCC) 22.28.030(C), Decision on Plan Amendments and Zone Changes states: Plan amendments and zone changes requiring an exception to the goals or 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 or Planning Commission. FISCAL IMPLICATIONS: None. ATTENDANCE: Chris Schmoyer, Associate Planner is the staff planner managing the project that will be providing the staff report. Peter Gutowsky, Planning Manager and Peter Russell, Senior Transportation Planner, will be in attendance to provide any needed expertise in their area of proficiency. Community Development Department Planning Division Building Safely Division Enviranmrrital Soils Division P.O. Box 6005 MEMORANDUM 7 NW Lafa,'ette A$enue Bend, Oregon 977€ 8.6005 Phone: (54) 388-6575 Fax: (54` i 335-1764 http://w,vw.deschutes.orglcd DATE: May 22, 2017 TO: Deschutes County Board of Commissioners FROM: Chris Schmoyer, Associate Planner RE: Public Hearing: Plan Amendment and Zone Change (247-16-000317-ZC and 247 -16 -000318 -PA; Applicant: Porter Kelly Burns Landholdings, LLC) This memorandum prepares the Board of County Commissioners (BOCC) for a public hearing on Monday, June 5, 2017, to consider Ordinances Nos. 2017-007 and 2017-008 for a plan amendment from Agriculture to Rural Residential Exception Area (RREA) and zone change from Exclusive Farm Use to Multiple Use Agricultural (MUA-10) for an approximate 34.6 acre parcel abutting the City of Bend Urban Growth Boundary (UGB) on the east side of Bend. The ordinances are included as Attachments A and B to this memorandum. The subject property has an assigned address of 21455 Highway 20, Bend and is also identified on County Tax Map 17-12-35 as Tax Lot 1500. This proposal excludes land in the northwest corner of the tax lot lying west of the Central Oregon Irrigation District (COID) canal that is zoned UAR-10 and inside the Bend UGB. The portion of the property in the northwest corner, west of the Central Oregon Irrigation District canal is a separate legal lot of record'. Approvals for property line adjustments have been approved by both the County and the City of Bend to adjust the common property line to coincide with the new UGB line. I. Background Stephanie Hicks, a County Hearings Officer, issued a decision of approval on November 22, 2016 subject to 4 conditions of approval which are listed in Section III. The BOCC is required to conduct a hearing. Deschutes County Code (DCC) 22.28.030(C), Decision on Plan Amendments and Zone Changes states: Plan amendments and zone changes requiring an exception to the goals or 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 or Planning Commission. 1 As determined in County Land Use File 247 -16 -000653 -LR Quality Services Performed u'ithr P II. Key Findings A. Not Agricultural Land The Hearings Officer found that the subject property does not constitute "agricultural land" as defined in Statewide Planning Goal 3, Oregon Administrative Rule (OAR) 660- 033-0020(1). Statewide Planning Goal 3 (Agricultural Lands) applies a predominant soil type test for determining "agricultural land." If a majority of the soils is Class VII and/or Class VIII, e.g., 51% or greater of these soils, the County may determine the property is not agricultural land. An Agricultural Soils Capability Assessment (hereafter referred as "Soils Assessment"), prepared by soil scientist Roger Borine, CPSC, CPSS, PWS of Sage West, LLC, determined that the subject property consists of approximately 67% class VII and VIII soils that are un -suitable for agricultural uses whether irrigated or not. The Soils Assessment was reviewed and certified by the Department of Land Conservation and Development for review on September 21, 2015. The Hearings Officer found that the Soils Assessment is adequate and reliable for determining whether the subject property is unsuitable for farm use, considering profitability and factors in the Goal 3 administrative rule, as well as other factors set forth in additional findings outlined below: • Insufficient irrigation rights • The shallow depth of soils • The inability to employ the land for the primary purpose of obtaining a profit in money through specific farming -related endeavors • The relatively small size of the parcel, which also affects the economic viability of farming the property for profit • The fact that the property has not been eligible for the farm tax deferral program • The surrounding road network and impacts of nearby heavy traffic; property abuts Highway 20 to the north and Bear Creek Road to the south B. Transportation Planning Rule Compliance The Hearings Officer found the application complies with the Transportation Planning Rule of OAR 660-012-0060, which is the rule that implements Statewide Planning Goal 12, Transportation. The Hearings Officer found that substantial evidence in the record supports a determination that the proposed rezone will have minimal impact to the road system. Because the proposed plan amendment and rezoning would generate less than 50 daily vehicle trips, the Hearings Officer found that the traffic impact letter submitted by the applicant to be acceptable and that a Traffic Impact Analysis is not required. This is consistent with the comments submitted by the County's Senior Transportation Planner. C. Change in Circumstances The Hearings officer found that evidence in the record demonstrates the following general circumstances have changed with respect to the subject property and/or to other property in the vicinity since the it was originally zoned and are not representative of a change in the property owner's circumstances or needs: Staff Memo to BOCC, File Nos. 247-16-000317-ZC and 247 -16 -000318 -PA 2 • A significant increase in traffic along Highway 20 and Bear Creek Road over the past 35 years, has transformed the area from a quiet, rural farming community to one in which it is increasingly difficult to operate farm equipment and graze cattle. • Farming economics in Central Oregon have significantly changed; the evidence is clear that it is difficult to make a profit in farming, particularly on smaller parcels such as the subject property. • Farm uses are not viable on the property or on other area properties and, as a result, many property owners are choosing to forego irrigating their properties. • Farm operations have steadily declined in Deschutes County between 2007 and 2012, with only a small fraction of farm operators achieving a net profit from farming in 2011. • The encroaching development in the City of Bend, immediately to the west of the subject property has brought both traffic and higher intensity commercial uses to this area. • The recent rezoning by the City of Bend of property to the west of the subject property from residential low density (RL) to residential standard density (RS), now allows urban level residential density development adjacent to the subject property. III. Conclusions The Hearings Officer concluded that the subject property is unsuitable for agricultural uses as the property has no known history of commercial farm use and contains soils that make it generally unsuitable for farm use as defined in state law, as well as those reasons and change in circumstances outlined above. The Hearings Officer's decision of approval includes the following conditions of approval: A. A hearing before the Deschutes County Board of Commissioners is required to consider approval of the proposed plan amendment and zone change. B. Prior to the hearing before the Deschutes County Board of Commissioners, the alleged violation of DCC 13.36.010 on the subject property shall be corrected to the reasonable satisfaction of Deschutes County Code Enforcement officers and the Code Enforcement file, if any, shall be officially closed. Staff response: Staff confirmed that the code violation, File No. 247 -16 -000303 - CE, was officially closed, which occurred on October 14, 2016. C. Prior to the public hearing before the Deschutes County Board of Commissioners to approve the subject plan amendment, zone change for the subject property, the applicant/owner shall submit to the Planning Division a metes -and -bounds description of the subject site to be re -designated and rezoned. Staff response: The applicant has provided a current metes and bounds description for the subject property (Ordinance No. 2017-007, Exhibit C). D. The Hearings Officer recommends that the Deschutes County Board of Commissioners impose the following conditions of approval: Staff Memo to BOCC, File Nos. 247-16-000317-ZC and 247 -16 -000318 -PA 3 a. This approval is based upon the application, site plan, specifications, and supporting documentation submitted by the applicant. Any substantial change in this approved use will require review through a new land use application. b. This approval allows on the subject property all uses allowed outright and conditionally in the MUA-10 zone, except that cluster or planned development, as described by the County, shall not be allowed on the subject property as long as the property is zoned MUA-10. A notice of this restriction shall be recorded in the chain of title on the subject property. Staff response: The Hearings Officer found the maximum density of the approximate 34.6 -acre subject parcel under MUA-10 zoning to be three (3) parcels, with the applicant agreeing to a condition of approval prohibiting a cluster or planned development proposal. Consequently, Condition D (b) was imposed by the Hearings Officer. IV. NEXT STEPS At the conclusion of the hearing, the BOCC can choose one of the following options: 1. Continue the hearing to a date certain. 2. Close the hearing and begin deliberation. 3. Close the hearing and leave the written record open to a date certain. Deliberations will be scheduled at a date to be determined. 4. Close the hearing and then allow a specified amount of time for a rebuttal period; and a specified time for final argument. Deliberations will be scheduled at a date to be determined. 5. Close the hearing, allowing the applicant a specified amount of time for final argument. Deliberations will be scheduled at a date to be determined Attachments: A. Ordinance 2017-007 (Title 23 amendment) Exhibits: "A" — 23.01.010 (introduction) "B" — Comp Plan 5.12 (Legislative History) "C" — Legal Description of Property "D" — Comp Plan Map "E" - Hearings Officer Decision B. Ordinance 2017-008 (Title 18 amendment) Exhibits: "A" — Zone Map "B" - Legal Description of Property C. Staff Hearing PowerPoint Staff Memo to BOCC, File Nos. 247-16-000317-ZC and 247 -16 -000318 -PA 4 0 U ca uu . 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' . -, i . : . ) ty cU O.k'lU' ha y tin V (C5 C7t- V� a,, ,,e G . ) . . .c. , c. . , . ,,,. r tin CO 00 2) 0 �' c� o o 0• a) ''�:c. . .c. ,,,, 0 0 04) .: ATTACHMENT C to BOARD MEMO REVIEWE LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 18, the Deschutes County Zoning Map, to Change the Zone Designation on Certain Property from Exclusive Farm Use (EFU-TRB) to Multiple Use Agricultural (MUA-10) ORDINANCE NO. 2017-008 WHEREAS, Kelly Porter Burns Landholdings, LLC applied for a Zone Change to the Deschutes County Code ("DCC) Title 18, Zoning Map, to rezone certain property from Exclusive Farm Use — Tumalo/Redmond/Bend Subzone ("EFU-TRB") to Multiple Use Agricultural ("MUA-10"); and WHEREAS, after notice was given in accordance with applicable law, public hearing was held on September 27, 2016 before the Deschutes County Hearings Officer, and on November 22, 2016 the Hearings Officer recommended approval of the Plan Amendment and a Zone Change; and WHEREAS, after notice was given in accordance with applicable law, a de novo public hearing was held on June 5, 2017 before the Board of County Commissioners ("Board") ; and WHEREAS, on this same date, the Board adopted Ordinance 2017-007, amending DCC Title 23, the County Comprehensive Plan, changing the plan designation of the property from Agriculture to Rural Residential Exception Area ; and WHEREAS a change to the Deschutes County Zoning Map is necessary to implement the amendment adopted in Ordinance 2017-007; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC Title 18, Zoning Map, is amended to change the zone designation from Exclusive Farm Use ("EFU") to Multiple Use Agricultural ("MUA-10") for certain property depicted on the map set forth as Exhibit "A," attached and incorporated by reference herein, and described in Exhibit "B," incorporated by reference herein. Section 2. FINDINGS. The Board adopts as it findings in support of this Ordinance, the Decision of the County Hearings Officer, attached to Ordinance 2017-007 as Exhibit "E," and incorporated by reference herein. PAGE 1 OF 2 - ORDINANCE NO. 2017-008 ATTACHMENT "B" TO BOARD MEMO /1/ Dated this of , 2017 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: Recording Secretary TAMMY BANEY, CHAIR ANTHONY DEBONE, VICE CHAIR PHIL HENDERSON, COMMISSIONER Date of 2nd Reading: day of , 2017. Record of Adoption Vote Commissioner Yes No Abstained Excused Tammy Baney Anthony DeBone Phil Henderson Effective date: day of , 2017. ATTEST: Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. 2017-008 ATTACHMENT "B" TO BOARD MEMO