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2017-401-Ordinance No. 2017-009 Recorded 7/25/2017REVIEWED Recorded in Deschutes County CJ2017-401 Nancy Blankenship, County Clerk Commissioners'Journal 07/25/2017 9:39:40 AM LEGAL COUNSEL 11111111111111111111111111112III For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 15, Building and Construction; Title 17, Subdivisions; Title 17A, City of Bend Subdivision; Title 18, Deschutes County Zoning; Title 19, Bend Urban Area Zoning Ordinance; and Title 19A, City of Bend Zoning Ordinance, Clarifying Applicability within the Bend Urban Growth Boundary, Changing the Zone Designation for Certain Property to Urbanizable Area District, and Establish Criteria and Standards for the Urbanizable Area District and Declaring an Emergency. ORDINANCE NO. 2017-009 WHEREAS, Deschutes County Ordinance 2016-022 amended the Deschutes County Comprehensive Plan in Deschutes County Code ("DCC") Title 23 to allow for the expansion of the City of Bend's Urban Growth Boundary ("UGB"), and WHEREAS, the City of Bend initiated amendments (Planning Division File No. 247 -17 -000191 -TA) to the DCC Title 15, Building and Construction, Title 17, Subdivisions, Title 1 7A, City of Bend Subdivision, Title 19, Bend Urban Area Zoning, and Titlel9A, City of Bend Zoning; and WHEREAS, the City of Bend proposed a zone change (file no. 247-17-000194-ZC) to DCC Title 18, Deschutes County Zoning Map, and DCC 19, the Bend Urban Area Zoning Map, to rezone certain property to Urbanizable Area (UA) District; and WHEREAS, the Bend City Council reviewed the proposed amendments on June 7, 2017, and recommended approval; and WHEREAS, the Deschutes County Planning Commission reviewed this ordinance at a work session on June 8, 2017; and WHEREAS, the Board considered this matter after a duly noticed public hearing on June 28, 2017, and concluded that the public will benefit from the proposed changes to DCC Titles 15, 17, 18, and 19; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 15.08.015, Bend Urban Area Sign Code.. and 15.08.040, Specific Definitions, are 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 strikethrough. PAGE 1 OF 3 - ORDINANCE NO. 2017-009 Section 2. REPEAL. DCC 15.08A, City of Bend Sign Code Ordinance No. NS -1495, is repealed in its entirety. Section 3. AMENDMENT. DCC 17.04.020, Purpose, 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 strikethrough. Section 4. AMENDMENT. DCC 17.08.030, Definitions Generally, 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 strikethrough. Section 5. REPEAL. DCC 17A, City of Bend Sign Code Ordinance No. NS -1495, is repealed in its entirety. Section 6. AMENDMENT. DCC Title 18, Deschutes County Zoning Map, and DCC Title 19, Zoning Map of the Bend Urban Area, are amended to change the zone designation to Urbanizable Area ("UA") District for certain property depicted on the map set forth as Exhibit "D", attached and incorporated by reference herein. Section 7. AMENDMENT. DCC 19.04.010, Title, and DCC 19.04.030, Applicability, and DCC 19.04.040, Definitions are amended to read as described in Exhibit "E," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in Section 8. AMENDMENT. DCC 19A, City of Bend Zoning Ordinance, is repealed in its entirety, and replaced as described in Exhibit "F," attached hereto and by this reference incorporated herein. /// PAGE 2 OF 3 - ORDINANCE NO. 2017-009 Section 9. FINDINGS. The Board adopts as its findings Exhibit "G", and incorporated by reference herein. Section 10. EMERGENCY. This ordinance being necessary for the preservation of the public peace, health and safety, an emergency is declared to exist and this Ordinance takes effect on Jo. toy LI £617 . Dated this of fife- , 2017 ATTEST: ecors'i►,g Secretar BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Cham) (2A ANTHONY,DeBONE, Vice Chir PHILIP G. HEN 1'. RSON, Commissioner Date of 1 si Reading: 2,e day of , 2017. Date of 2"d Reading: day of jtAft4 ern , 2017. Record of Adoption Vote Commissioner Yes No Abstained Excused Tammy Bailey Anthony DeBone Philip G. Henderson Effective date: �' day of Ju. f , 2017. ATTEST: coding Secretary PAGE 3 OF 3 - ORDINANCE NO. 2017-009 Chapter 15.08. SIGNS *** 1 15.08.015. Bend nUrban Area Sign Code. Notwithstanding any other provision of DCC 15.08, this chapter shall not apply to those lands lying outside the City limits of Bend and within the Bend Urban Growth Boundary,7-as41-x.-t-t-arrn 1998. The City of Bend Sign Code e : . - 9-5, G3 adopted by the Board as DCC I5.08A, and as may be amended from time to time, shall apply iii-that--geegfaFkic area to those landsinstead. (Ord. 2017-009 §1, 2017: Ord. 2014-018, §2, 2014; Ord. 98-052 §1, 1998) *** 15.08.040. Specific Definitions. *** "Urban Growth Boundary (UGB)" means the urban growth boundary as adopted by the City and County and acknowledged by the State, as set forth in the Bend Comprehensive Plan and as shown on the Bend Comprehensive Plan map. *** ((Ord. 2017-009 §1. 2017: Ord. 2014-018, §2, 2014; Ord. 2009-023 §1, 2009; Ord. 97-067 §1, 1997; Ord. 95-063 §1, 1995; Ord. 81-009 §1, Exhibit A, §§1.030 and 1.050, 1981) Page 1 of 1- EXHIBIT A TO ORDINANCE NO. 2017-009 Chapter 17.04. GENERAL PROVISIONS 17.04.020. Purpose. *** D. DCC Title 17 shall not apply to the lands lying outside the city limits of the city of Bend and within the Bend Urban Growth Boundary., as that term is defined in that certain intergovernmental agreement entered into between the city of Bend and the County dated Fcbnu r 18, 1998. The city of Bend Subdivision Ordinance, No. NS 1 3^.9, as adopted by the Board of County Commissioners as DCC Title 17A, and as supplemented by such other supplementing and/or amending ordinances as might from time to time be adopted, shall apply to those lands instead. *** (Ord. 2017-009 2017; Ord. 2008-030 § 1, 2008; Ord. 98-041 §1, 1998; Ord. 95-065 §1, 1995; Ord. 90-003 §1, 1990, Exhibit A; Ord. 83-039 §1, 1983; Ord. 81-043 §1, Exhibit A, §1.010, 1981) Page 1 of 1- EXHIBIT B TO ORDINANCE NO. 2017-009 Chapter 17.08. DEFINITIONS AND INTERPRETATION OF LANGUAGE *** 17.08.030. Definitions Generally. *** "Urban Growth Boundary (UGB)" means the urban growth boundary as adopted by the City and County and acknowledged by the State, as set forth in the Bend Comprehensive Plan and as shown on the Bend. Comprehensive Plan map. *** 1 (Ord. 2017-009 &4.2017; Ord. 2012-008 §1, 2012; Ord. 2008-030 §2, 2008; Ord. 97-005 §1, 1997; Ord. 96- 003 §10, 1996; Ord. 95-065 §1, 1995; Ord. 93-012 §§2-7, 1993; Ord. 90-003 §1, Exhibit A, 1990; Ord. 88- 015 §1, 1988; Ord. 86-015 §2, 1986; Ord. 83-039 §2, 1983; Ord. 81-043 §1, Exhibit A, §1.040, 1981) Page 1 of 1- EXHIBIT C TO ORDINANCE NO. 2017-009 0 0) Legend Skykners Rd <71 Newport Ave Galveston Ave Brosterhous Rd Proposed Rezone To Urbanizable Area (UA) Bend City Limit empire Ave ZONING MAP City of Bend Exhibit "0" to Ordinance 2017-009 0 1,375 2,750 .6--111111 JO& 5,500 8,250 AlliMMi11111 Feet June 20, 2017 Neff Rd HighWaV 2° zr) • BOARD OF COUNTY COMMISSIONERS OF ESCOUNTY, uREGON Tam Bane hair eB ne, Vice Chair Philip G H ssioner ATTEST: Recording SVCretary Dated this Zie of 3,2017 Effective Date:12a, 2017 Chapter 19.04. TITLE, PURPOSE, COMPLIANCE AND DEFINITIONS 19.04.010. Title. DCC Title 19 shall be known as the "Zoning Ordinance" of the Bend Urban Area of Deschutes County, Oregon and of the land withdrawn from the City of Bend by the County by City Resolution 2459. (Ord. 2017-009 §7, 2017; Ord. 90-038 §1, 1990) 19.04.030. Applicability. DCC Title 19 applies to the Bend Urban Area and to the land withdrawn from the City of Bend by the County by City Resolution 2459. DCC Title 19A applies to lands inside the UA District. (Ord. 2017-009 &7. 2017) 19.04.040. Definitions. *** "Bend urban area" means that area lying inside the adopted Bend Urban Growth Boundary that is shown on the Deschutes County Comprehensive Plan Man as Urban Area Reserveand outside the City of Bend botinklaFies. *** "Urban Growth Boundary (UGB)" means the urban growth boundary as adopted by the City and County and acknowledged by the State, as set forth in the Bend Comprehensive Plan and as shown on the Bend Comprehensive Plan man. *** 1 (Ord. 2017-009 §7, 2017; Ord. 2016-016 § 1, 2016; Ord. 2014-016 §1, 2014; Ord. 2013-013 §1; Ord. 99-001 §§2-4, 1999; Ord. 97-038 §1, 1997; Ord. 97-017 §1, 1996; Ord. 96-071 §1D, 1996; Ord. 95-045 §15, 1995; Ord. 94 027 §§1 & 2, 1994; Ord. 92-043 §1, 1992; Ord. 91 029 §§1, 8, 9 and 10, 1991; Ord. 91-001 §1, 1991; Ord. 90-038 §1, 1990; Ord. 90-007 §1, 1990; Ord. 88-042 §3, 1988; Ord. 86-058 §1, 1986; Ord. 86- 055 §1, 1986; Ord. 86-033 §1, 1983; Ord. 86-032 §1, 1986; Ord. 86-017 §1 Exhibit a, 1986; Ord. 830945 §1, 1983; Ord. 83-041 §2, 1983; Ord. 80-217 §1 Exhibit A, 1980) Page 1 of 1- EXHIBIT E TO ORDINANCE NO. 2017-009 TITLE 19A. BEND URBANIZABLE AREA (UA) DISTRICT 19A.01.010. Purpose, Applicability and Definitions. 19A.01.020. Permitted and Conditional Uses. 19A.01.030. Lot Area and Dimensions. 19A.01.040. Additional Provisions. 19A.01.010. Purpose, Applicability and Definitions. A. Purpose. The Urbanizable Area (UA) District is intended to preserve large areas of undeveloped or rural land for future urban development prior to annexation. The UA District promotes the livability, stability, safety and improvement of the City of Bend by allowing orderly development consistent with the Bend Comprehensive Plan. B. Applicability. The provisions of the UA District apply to all land inside the Urban Growth Boundary but outside the city limits, except for the land withdrawn from the City of Bend by the County by City Resolution 2459. The City of Bend is responsible for administering Title 19A using the Bend Development Code (BDC). The UA District will automatically be removed upon annexation to the City, and the zoning that implements the Bend Comprehensive Plan designation for the property will apply. C. Area and Master Planning. The City has the authority to process Area Plans under BDC Chapter 4.1, Development Review and Procedures and BDC Chapter 4.6, Land Use District Map and Text Amendments (Type IV process) and Master Plans under BDC Chapter 4.5, Master Planning and Alternative Developments and BDC Chapter 4.6, Land Use District Map and Text Amendments (Type III process) in the UA District prior to annexation. However, development of the property with the uses authorized by the Area or Master Plan may only occur after annexation. D. Definitions. The following definitions apply to DCC Title 19A in addition to the definitions in the BDC. "Urban Growth Boundary (UGB)" means the urban growth boundary as adopted by the City and County and acknowledged by the State, as set forth in the Bend Comprehensive Plan and as shown on the Bend Comprehensive Plan map. "Urbanizable Area (UA) District" means the unincorporated area inside the Urban Growth Boundary (UGB) but outside the city limits, except for the land withdrawn from the City of Bend by the County by City Resolution 2459. 19A.01.020. Permitted and Conditional Uses. A. Permitted Uses. The land uses listed in Table 19A.01.020 are permitted in the UA District when allowed in the zoning district that implements the underlying Bend Comprehensive Plan designation, except as otherwise specified in this section, subject to the provisions of this Title. Only land uses that are specifically listed in Table 19A.01.020, land uses that are incidental and subordinate to a permitted use, and land uses that are approved as "similar" to those in Table 19A.01.020 may be permitted. B. Determination of Similar Land Use. Similar use determinations shall be made in conformance with the procedures in BDC 4.1.1400, Declaratory Ruling or as part of a development application. Page 1 of 4 - EXHIBIT F TO ORDINANCE NO. 2017-009 Table 19A.01.020 — Permitted Land Uses UA District Land Use Residential Single-family detached dwelling *Accessory dwelling units (ADUs) *Manufactured homes on individual lots Residential care home (5 or fewer residents) Adult day care Family childcare home (16 or fewer children) *Hoene occupation (Type I/Type II) *Public and Institutional *Utilities (above ground) *Miscellaneous Uses Bed and breakfast inn ** Farm use Farm stand ** Agricultural building or equine facility **Forest use in compliance with an approved Forest Management Plan P P P P P P P/C C C P P P P See DCC 19A.01.040(D) *Plant nursery C *Small hydroelectric facility P Wireless and broadcast communication facilities See BDC Chapter 3.7 **Expansion, alteration or replacement of a lawfully permitted building and use as of Month, Date, 2017(INSERT DATE) P/C See DDC 19A.01.030.(C) *Temporary Uses See BDC Chapter 3.6.400 Page 2 of 4 - EXHIBIT F TO ORDINANCE NO. 2017-009 Land Use 1 UA District (*)(**)Accessory uses and structures for uses in DCC Table 19A.01.020 and (*)(**) accessory uses and structures for existing lawfully permitted buildings and uses as of Month, Date, 2017 (INSERT DATE) P Key to Permitted Uses P = Permitted, subject to BDC Chapter 4.1, Development Review and Procedures N = Not Permitted C = Conditional Use, subject to permit standards in BDC Chapter 4.4, Conditional Use Permit * Subject to special standards as described BDC Chapter 3.6, Special Standards for Certain Uses. ** Use is permitted regardless of the underlying zoning district that implements the Bend Comprehensive Plan designation until annexed into the City of Bend. 19A.01.030. Lot Area and Dimensions. Lot area and lot dimension standards are listed in Table 19A.01.030. Standard Minimum Lot Size Maximum Lot Coverage Minimum Front Setback Minimum Side Setback Minimum Rear Setback Maximum Building Height Table 19A.01.030 — Lot Area and Dimensions UA District 20 acres 15% on lots 1 acre or larger 35% for lots less than 1 acre 20 feet 10 feet 20 feet Maximum height permitted in the zoning district that implements the underlying Bend Comprehensive Plan designation 19A.01.040. Additional Provisions. A. Detached single-family dwellings, accessory buildings and accessory dwelling units must be sited to allow the future division and/or more intensive use of the property. Additional development restrictions that limit the location of buildings and on-site sewage disposal facilities may be applied where necessary to reserve land for future urban development. B. Frontage improvements roust be built to City Standards and Specifications when required under BDC Chapter 4.2, Minimum Development Standards (MDS) Review, Site Plan Review and Design Review. C. An expansion or enlargement of 50 percent or less of a lawfully permitted building and/or use as of July 21, 2017, roust comply with BDC Chapter 4.2, Minimum Development Standards (MDS) Review, Site Plan Review and Design Review. For an expansion or enlargement greater than 50 percent, the conditional use criteria, standards and conditions within BDC Chapter 4.4, Conditional Use Permits also apply. D. Significant Tree Standards. 1. The following significant tree standards are applicable to properties without an approved City of Bend development application, including single-family residential lots or parcels greater than one acre in size: Page 3 of 4 - EXHIBIT F TO ORDINANCE NO. 2017-009 a. All deciduous trees measuring six inches or greater and coniferous trees measuring 10 inches or greater as measured four feet above the ground (known as DBH, "diameter at breast height") must be retained on site unless exempted in 19A.01.040(D)(3). b. Grading, operation of vehicles and heavy equipment, and storage of supplies and construction materials are prohibited within the significant trees area, except as approved in writing by the City for installation of utilities or streets. Such approval shall only be granted after the City concludes in writing that there is no other reasonable alternative to avoid the protected area, and any required mitigation is provided in confoiunance with BDC 1.3.300(C), Mitigation for the Removal of Vegetation. The written approval shall include the specific facts that support the conclusion. 2. Properties with an approved City of Bend development application are not subject to the standards of subsection (D)(1) of this section; however, trees shall be preserved as specified in the development approval and in compliance with BDC 3.2.200, Landscape Conservation. 3. Exemptions. The mitigation standards in BDC 1.3.300(C) do not apply in the following situations: a. Dead, Diseased, and/or Hazardous Trees. Significant trees that are dead or diseased, or pose a hazard to personal safety, property or the health of other trees, may be removed if the Planning Director approves a report and recommendation from a certified arborist or other qualified professional. Prior to tree removal, the applicant must provide a report from a certified arborist or other qualified professional to determine whether the subject tree is diseased or poses a hazard, and any possible treatment to avoid removal, except as provided by subsection (3)(b) of this section. b. Emergencies. Significant trees may be removed in the event of an emergency without development approval pursuant to BDC Title 4, when the trees pose an immediate threat to life or safety, as determined by the Planning Director or designee based on a certified arborist's report submitted to the City. E. Prior to tentative approval of any land division, the general location of streets and water and sewer lines must be illustrated on abutting vacant land and developable land. This illustration is not binding on the abutting properties. F. Deschutes County is responsible for permits and inspections for on-site sewage treatment and dispersal systems for properties in the UA District. G. Sign District 5 in BC Chapter 9.50, Signs applies to all properties in the UA District until they are annexed into the City of Bend. H. Deschutes County is considered an affected party and will be notified of all quasi-judicial and legislative development applications. (Ord. 2017-009 §9, 2017) Page 4 of 4 - EXHIBIT F TO ORDINANCE NO. 2017-009 FINDINGS I. APPLICABLE CODE SECTIONS AND CRITERIA: Deschutes County Code Title 19 Bend Urban Area Zoning Ordinance Chapter 19.116 Amendments, Appeals and Procedures Title 22, Deschutes County Development Procedures Ordinance Chapter 22.12 Legislative Procedures Oregon Administrative Rules Chapter 660: Division 12 Transportation Planning Rule Division 15 Statewide Planning Goals and Guidelines II. BASIC FINDINGS: A. PROPOSAL: Amendments to the Deschutes County Zoning Map and Zoning Ordinance changing the zoning located in the unincorporated area between Bend city limits and the Bend UGB, except for the land withdrawn from the City by the County by City Resolution 2459, to Urbanizable Area (UA) District and amending the Deschutes County Code (DCC) Chapter 15.08 Signs, Title 17 Subdivisions, and Title 19 Bend Urban Area Zoning Ordinance, repealing Chapter 15.08A City of Bend Sign Code Ordinance No. 1495 and Title 17A City of Bend Subdivision Ordinance No. NS 1349, and amending Title 19A and creating the Urbanizable Area (UA) District. B. LOCATION: The zone change and amendments are applicable to properties located in the unincorporated area inside the Urban Growth Boundary (UGB) but outside the city limits, except for the land withdrawn from the City of Bend by the County by City Resolution 2459. PAGE 1 OF 13 - EXHIBIT G TO ORDINANCE 2017-009 Urbanizable Area - Areas Proposed for Zone Change QBend City Limits EnUrban Growth Boundary Area Proposed for Rezone to UA Map prepared 524:2017 by City of Bend Community Development Data sources: Deschutes County and City of Bend GIS. Esn. HERE. DeLom.e. Llapmylydha. OpenSneettdap contnbutors. and the 015 user conunundy III. CONCLUSIONARY FINDINGS: A. CHAPTER 19.116 AMENDMENTS, APPEALS AND PROCEDURES 1. Section 119.116.010 Amendments DCC Title 19 may be amended by changing the boundaries of zones or by changing any other provisions thereof subject to the provisions of DCC 19.166. A. Text changes and legislative map changes may be proposed by the Board of County Commissioners on its own motion, by the motion of the Planning Commission, upon payment of a fee, by the application of a member of the public. Such changes shall be PAGE 2 OF 13 — EXHIBIT G TO ORDINANCE 2017-009 made pursuant to DCC 22.12 and ORS 215.110 and 215.606. B. Any proposed quasi-judicial map amendments or change shall be handled in accordance with the applicable provisions of DCC Title 22. FINDING: The zone change to UA District and text amendments to the DCC are legislative and are being processed pursuant to DCC 22.12. On June 8, 2017, the Deschutes County Planning Commission held a work session to discuss the proposed zone change and the proposed amendments. On June 28, 2017, the BOCC will hold a public hearing and consider the zone change and code amendments. This criterion has been met. 2. Section 19.116.020. Standards for Zone Change. The burden of proof is upon the applicant. The applicant shall in all cases establish: A. That the change conforms with the Comprehensive Plan. Specifically, the change is consistent with the plan's intent to promote an orderly pattern and sequence of growth. FINDING: The 2010 Remand Order on the City's proposed UGB expansion from the Land Conservation and Development Commission (LCDC) stated that the City and County need to provide interim zoning for the lands added to the UGB that will maintain the likelihood that it will be developed with the uses and intensity that the city's underlying analysis of the capacity of the lands is based on. The Remand Order also required the City and County to coordinate and clarify the applicability of the City's Comprehensive Plan Map and Policies within the UGB expansion area. On November 14, 2016, DLCD approved the UGB expansion, and on December 6, 2016, the amended Bend Comprehensive Plan and map designations went into effect. As part of the UGB expansion, the City applied specific Bend Comprehensive Plan designations to the expansion areas consistent with the overall land need determinations. In order to achieve the Bend Comprehensive Plan goals and policies adopted as part of the UGB expansion, and reflect state laws requiring consistency between Comprehensive Plans and zoning, development needs to occur consistent with the underlying Bend Comprehensive Plan designations in the urbanizable area. This is done through implementing development regulations that are applicable during the interim until the land is annexed into the City. The UA District is needed for the expansion areas to protect the land designations and policy intent of the Bend Comprehensive Plan and preserve large areas of undeveloped or rural land until properties annex into City limits. Once they are annexed, the UA District zoning will cease and the zoning map will be updated with the zoning district that implements the underlying Bend Comprehensive Plan map designation(s). Therefore, compliance with this criterion has been met. PAGE 3 OF 13 - EXHIBIT G TO ORDINANCE 2017-009 B. That the change will not interfere with existing development, development potential or value of other land in the vicinity of the proposed action. The UA District will regulate the use and division of the urbanizable land to maintain its potential for planned urban development until the properties have either an adopted area or master plan and are annexed into the City limits. The UA District includes permitted land uses such as single-family detached dwelling units, accessory dwelling units (ADUs), manufactured homes, home occupations, farm stands, and bed and breakfast inns when allowed in the zoning district that implements the underlying Bend Comprehensive Plan designation. The District includes lot area (20 acres minimum) and dimension (lot coverage, setbacks and building height) requirements and additional development provisions. The UA District will allow an expansion or enlargement of 50 percent or less of an existing lawfully permitted building and/or use in compliance with BDC Chapter 4.2, Minimum Development Standards (MDS) Review, Site Plan Review and Design Review. For an expansion or enlargement greater than 50 percent, the conditional use criteria, standards and conditions within BDC Chapter 4.4, Conditional Use Permits will also apply. The UA District will help maximize the opportunity for landowners to realize the full potential of urban development when they annex. The ability to develop a property to the maximum level or density of development allowable under City zoning will increase the economic or market value of a property. The lands included in the 2016 UGB expansion were those for which the landowners sought inclusion with the goal of converting rural uses to urban uses as it increases development potential and property values. Therefore, compliance with this criterion has been met. C. That the change in classification for the subject property is consistent with the purpose and intent of the proposed zone classification. FINDING: The UA District is intended to preserve large areas of undeveloped or rural land for future urban development prior to annexation. The UA District promotes the livability, stability, safety and improvement of the City of Bend by allowing orderly development consistent with the Bend Comprehensive Plan. The UA District will automatically be removed upon annexation to the City, and the zoning that implements the Bend Comprehensive Plan designation for the property will apply. Therefore, compliance with this criterion has been met. D. That the change will result in the orderly and efficient extension or provision of public services. Also, that the change is PAGE 4 OF 13 - EXHIBIT G TO ORDINANCE 2017-009 consistent with the County's policy for provision of public facilities. FINDING: The Deschutes County Comprehensive Plan Chapter 4, Urban Growth Management includes the following goal and policy regarding public facilities: Goal 2 Coordinate with cities, special districts and stakeholders on urban growth area zoning for lands inside urban growth boundaries but outside city boundaries. Policy 4.2.6 Develop urban growth area zoning with consideration of the type, timing and location of public facilities and services provision consistent with city plans. FINDING: The City's Public Facility Plans (PFP) for water, sewer collection, transportation, and stormwater are all adopted and acknowledged. The city anticipates updating these PFPs in the coming years to reflect the newly expanded UGB. The UA District creates a holding zone to maintain the urbanizable areas potential for future urban development until appropriate urban facilities and services are planned or available and annexation to the City of Bend can occur. Therefore, compliance with this criterion has been met. E. That there is proof of a change of circumstance or a mistake in the original zoning. FINDING: On November 14, 2016, DLCD approved the UGB expansion of 2,380 acres for the City of Bend, and on December 6, 2016, the amended Bend Comprehensive Plan and map designations went into effect. The UGB expansion provides the following acreages consistent with the overall land needs for housing, employment, and parks and schools: • 1,142 gross acres of residential land (including land for future schools and future parks not yet in the Bend Parks and Recreation District [BPRD] or school district ownership); • 815 gross acres of employment land; • 285 acres of land for public facilities currently in BPRD or school district ownership; and, • 138 acres of existing right-of-way within and fronting UGB expansion areas, needed to provide urban street improvements to support growth in the expansion areas. Due to the adopted UGB expansion, the UA District is necessary for the expansion areas to protect the plan designations and the policy intent of the Bend Comprehensive Plan and to preserve large areas of undeveloped or rural land for PAGE 5 OF 13 - EXHIBIT G TO ORDINANCE 2017-009 future housing, employment, and parks and schools until properties annex into City limits. Therefore, compliance with this criterion has been met. 3. Section 19.116.030. Record of Amendments. FINDING: A signed copy of each amendment to the text of Titles 15, 17 and 19, and the legal description of all lands rezoned legislatively will be maintained on file in the office of the County Clerk. 4. Section 19.116.040. Resolution of Intent to Rezone. FINDING: A resolution of intent was not part of this rezone application. The application was processed in accordance to the Agreement Between the City of Bend, Oregon, and Deschutes County, Oregon, for the Joint Management of the Bend Urban Area. Therefore, this criterion is not applicable. B. CHAPTER 22.12 LEGISLATIVE PROCEDURES 1. Section 22.12.010. Hearina Required FINDING: The application meets this criterion because a public hearing will be held before the BOCC on June 28, 2017. 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: Timely and sufficient notice of the public hearing was provided pursuant to DDC 22.12.020. The City mailed notice required under ORS 27.186 (aka "Measure 56" notice) to 127 potentially affected landowners on April 26, 2017 that are located in the unincorporated area inside the UGB but outside the city limits, except for the land withdrawn from the City of Bend by the County by City Resolution 2459. Notice of the proposed Deschutes County zone change and amendment was provided to the Department of Land Conservation and Development (DLCD) on May 22, 2017. A notice of the June 28, 2017, Deschutes County Board of Commissioners public hearing was printed in the Bend Bulletin on June 4, 2017. This criterion has been met. PAGE 6 OF 13 - EXHIBIT G TO ORDINANCE 2017-009 B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. FINDING: The 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. FINDING: The City mailed notice required under ORS 27.186 (aka "Measure 56" notice) to potentially affected landowners on April 26, 2017 that are located in the unincorporated area inside the Urban Growth Boundary (UGB) but outside the city limits, except for the land withdrawn from the City of Bend by the County by City Resolution 2459. 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 Leaislative 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 or the Planning Commission. FINDING: Deschutes County and the City of Bend have been working together on the proposed zone change and code amendments since November 2016. On April 11, 2017, the City Council and the BOCC held a joint work session and discussed the proposed amendments. Following their review, they were supportive of moving forward with the proposed zone change and code amendments to the DCC and BDC. 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: This criterion will be met. 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: On June 8, 2017, the Deschutes County Planning Commission held a work session to review the proposed zone change and text amendments. 5. Section 22.12.050 Final Decision PAGE 7 OF 13 - EXHIBIT G TO ORDINANCE 2017-009 All legislative changes shall be adopted by ordinance FINDING: The zone change (247-17-000194-ZC) and text amendments (247 -17- 000191 -TA) will be implemented by Ordinances upon approval and adoption by the Board; this criterion will be met. C. OREGON ADMINISTRATIVE RULES OAR 660, Division 12, Transportation Planning Rule FINDING: OAR 660-012-0060 requires local governments to maintain consistency between land use regulations and the transportation system plan and demonstrate that planned transportation facilities will be adequate to serve planned land uses. It addresses amendments to land use regulations as well as functional classification systems. Deferral of OAR 660-012-0060 OAR 660-024-0020: Adoption or Amendment of a UGB (1) All statewide goals and related administrative rules are applicable when establishing or amending a UGB, except as follows: *** (d) The transportation planning rule requirements under OAR 660- 012-0060 need not be applied to a UGB amendment if the land added to the UGB is zoned as urbanizable land, either by retaining the zoning that was assigned prior to inclusion in the boundary or by assigning interim zoning that does not allow development that would generate more vehicle trips than development allowed by the zoning assigned prior to inclusion in the boundary * * *. FINDING: OAR 660-024-0020(1) allows cities to defer addressing the requirements of OAR 660-12-0060 of the TPR (which requires a demonstration that there are adequate planned transportation facilities to serve the planned development) until property added to a UGB is re -designated or rezoned to allow urban development. As part of the UGB acknowledgement, the City Council chose to defer addressing the requirements of OAR 660-12-0060 of the TPR for the urbanizable areas and that the transportation planning and TPR compliance will be accomplished with annexation along with master or area planning. The City has language in the adopted Development Code (4.6.600 Transportation Planning Rule Compliance) that requires the following: When a development application includes a proposed Comprehensive Plan amendment or land use district change, or both, the proposal shall be reviewed to determine whether it significantly affects a transportation facility, PAGE 8 OF 13 - EXHIBIT G TO ORDINANCE 2017-009 in accordance with Oregon Administrative Rule (OAR) 660-012-0060, (Ord, NS - 2016, 2006J. The Council also found as part of the UGB acknowledgement that the amendments to the urbanizable areas included new City of Bend Comprehensive Plan designations to meet anticipated land needs until 2028. The zoning of the urbanizable areas retained their existing rural Deschutes County zoning designations. The land uses in the UA district are less than or equally intensive as those currently allowed in the existing county zoning. No new land uses are included in the UA district that would generate more vehicle trips than the uses currently allowed under existing county zoning. When the urbanizable area is rezoned to the UA District, the uses will be further limited and will not generate more vehicle trips than development currently allowed under Deschutes County rural zoning. Therefore, the transportation planning and TPR compliance will still be accomplished with annexation along with master or area planning. D. OAR 660, Division 15, Statewide Planning Goals and Guidelines FINDING: Findings regarding the Statewide Planning Goals and Guidelines are provided below: Goal 1, Citizen Involvement, The City mailed notice required under ORS 227.186 (aka "Measure 56" notice) to 127 potentially affected landowners on April 26, 2017 that are located inside the UGB but outside the city limits, except for the land withdrawn from the City of Bend by the County by City Resolution 2459, to notify them of the Bend Planning Commission and BOCC public hearings. Notice of the proposed Deschutes County zone change and amendment was provided to the Department of Land Conservation and Development (DLCD) on May 22, 2017. A notice of the June 28, 2017, BOCC public hearing was printed in the Bend Bulletin on June 4, 2017. Staff has received 12 phone calls/emails regarding the proposed zone change and code amendments. On April 11, 2017, the City Council and the Deschutes County Board of Commissioners (BOCC) held a joint work session and discussed the proposed amendments. The Bend Planning Commission held a work session on April 24, 2017, and discussed the proposed amendments. On May 22, 2017, the Bend Planning Commission held a public hearing and voted (4-0) to recommend that the City Council approve the amendments. The City Council held a public hearing on June 7, 2017, and conducted the first reading. On June 21, 2017, the Council held a second reading and voted to approve the amendments. On June 8, 2017, the Deschutes County Planning Commission held a work session to discuss the proposed zone change and text amendments. On June 28, 2017, the BOCC will hold a public hearing and consider the zone change and text amendments. Based on these actions, Goal 1 for Citizen Involvement has been met. PAGE 9 OF 13 - EXHIBIT G TO ORDINANCE 2017-009 Goal 2, Land Use Planning, requires a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions. The Goal is met because the County followed the land use planning process and policy framework in the Deschutes County Comprehensive Plan and DCC as a basis for the decisions and actions related to the zone change and new regulations regarding the use of land and to assure an adequate factual base for these decisions and actions. The proposed amendments will be adopted by the BOCC after a public hearing. Multiple opportunities were provided for review and comment by citizens and affected governmental units during the preparation of this ordinance. Goal 2 specifically states that minor plan changes should be based on special studies or other information that will serve as the factual basis to support the change. The public need and justification for the particular change should be established, and must be supported by an adequate factual base. The Goal 2 requirement for an adequate factual base requires that a legislative land use decision be supported by substantial evidence. Through the adoption of the 2016 UGB expansion, the City applied specific Bend Comprehensive Plan designations to the expansion areas consistent with the overall land need determinations. The City also adopted several new chapters to the Bend Comprehensive Plan related to Housing, Economy, and Growth Management. The adopted policies were supported through the adoption of several technical reports that were also incorporated as appendices to the Comprehensive Plan. These appendices include the Buildable Lands Inventory, Housing Needs Analysis, Economic Opportunities Analysis, and Urbanization Report. Together, these appendices to the Comprehensive Plan represent the adequate factual base that supports this legislative land use decision. The UA District is needed for the expansion areas to protect the land designations and policy intent of the Bend Comprehensive Plan until properties annex into City limits. Therefore, the proposed amendments are justified and needed, and compliance with Goal 2 is maintained. Goal 3, Agricultural Lands, Goal 4, Forest Lands, and Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces. Goals 3 and 4 are not applicable because no lands are designated as either agricultural or forest lands in the urbanizable area. Goal 5 is not applicable because these amendments do not affect any regulation that implements Goal 5. Goal 6, Air, Water and Land Resources Quality is not applicable because the County's acknowledged regulations implementing Goal 6 remain in effect with no change in applicability. Goal 7, Areas Subject to Natural Hazards is not applicable because the UGB adoption and proposed UA District does not include any areas where Goal 7 natural hazards have either been identified or mapped. PAGE 10 OF 13 - EXHIBIT G TO ORDINANCE 2017-009 Goal 8, Recreational Needs is not applicable to the proposed DCC amendments because the amendments do not limit any recreational uses in any zone. There are no existing Goal 8 destination resorts affected by either the UGB expansion or the proposed amendments. The proposed amendments do not include any modifications to existing land use regulations for development of a destination resort. Goal 9, Economic Development, is implemented through Oregon Administrative Rule (OAR) Division 9, which is intended to ensure that each jurisdiction maintain an adequate land supply for economic development and employment growth. The acknowledged UGB expansion and related set of efficiency measures ensure an adequate supply of land for economic opportunities in Bend by providing needed types and amounts of employment lands in suitable locations as required by Goal 9, and documented in the Economic Opportunity Analysis and Urbanization Report (Appendices E and L to the Bend Comprehensive Plan). In order to protect the economic lands (commercial, industrial and mixed-use) in the urbanizable areas, the UA District will limit opportunities for housing and other limited rural uses prior to annexation that will not interfere with future urban economic development as contemplated by the Bend Comprehensive Plan. Therefore, compliance with Goal 9 is maintained. Goal 10, Housing, requires provisions to provide for the housing needs of citizens of the state. The acknowledged UGB expansion provides the land needed for future population growth and has been plan designated so that housing is developed to help achieve the City's needed mix of 55% single family detached, 10% single family attached, and 35% multi -family housing. Bend Comprehensive Plan designations have also been applied to the UGB urbanizable areas to accommodate the residual housing units, consistent with the targeted housing mix established for the overall UGB. Goal 10 is satisfied since the UA District will limit opportunities for rural uses in the urbanizable areas prior to annexation that will not interfere with future urban residential development as contemplated by the Bend Comprehensive Plan. Goal 11, Public Facilities and Services. The UA District creates a holding zone to maintain the urbanizable areas potential for future urban development until appropriate urban facilities and services are planned or available and annexation to the City of Bend can occur. The City's Public Facility Plans (PFP) for water, sewer collection, transportation, and stormwater are all adopted and acknowledged. The city anticipates updating these PFPs in the coming years to reflect the newly expanded UGB. Based on the forgoing, the County finds that the proposal satisfies Goal 11. Goal 12, Transportation. To provide and encourage a safe and convenient and economic transportation system. The Goal 14 Administrative Rule (OAR 660-24- 0020(1)(d)) recognizes that: The transportation planning rule requirements under OAR 660-012-0060 need not be applied to a UGB amendment if the land added to the UGB PAGE 11 OF 13 - EXHIBIT G TO ORDINANCE 2017-009 is zoned as urbanizable land, either by retaining the zoning that was assigned prior to inclusion in the boundary or by assigning interim zoning that does not allow development that would generate more vehicle trips than development allowed by the zoning assigned prior to inclusion in the boundary. OAR 660-024-0020(1) allows cities to defer addressing the requirements of OAR 660-12-0060 of the TPR (which requires a demonstration that there are adequate planned transportation facilities to serve the planned development) until property added to a UGB is re -designated or rezoned to allow urban development. As part of the UGB acknowledgement, the City Council chose to defer addressing the requirements of OAR 660-12-0060 of the TPR for the urbanizable areas by retaining the existing Deschutes County rural zoning and that the transportation planning and TPR compliance will be accomplished with annexation along with master or area planning. The UA District will further limit rural uses and not generate more vehicle trips than development currently allowed under Deschutes County rural zoning and the transportation planning and TPR compliance will still be accomplished with annexation along with master or area planning. Therefore, compliance with Goal 12 is maintained. Goal 13, Energy Conservation, requires land and uses developed on the land to be managed and controlled to maximize the conservation of all forms of energy, based upon sound economic principles. The recent acknowledgement of the UGB considered energy in the evaluation and arrangement of the Bend Comprehensive Plan land use designations in the urbanizable areas. The UA District is intended to preserve the urbanizable areas for future urban development as contemplated by the Bend Comprehensive Plan designations prior to annexation. Therefore, compliance with Goal 13 is maintained. Goal 14, Urbanization. The UA District will regulate the use and division of the urbanizable land to maintain its potential for planned urban development until the properties have an adopted area or master plan and are annexed into the City limits. The UA District does not encourage sprawl or uncoordinated development. The UA District will ensure land is not developed in ways that would prevent the orderly and efficient transition from rural to urban land, and therefore compliance with Goal 14 has been met. Goal 15, Willamette River Greenway, Goal 16, Estuarine Resources, Goal 17, Coastal Shorelands, Goal 18, Beaches and Dunes, and Goal 19, Ocean Resources are not applicable to the proposed rezone and DCC amendments. Because the proposed code amendments are limited in scope, there are no other Administrative Rules applicable to this amendment. Likewise, there are no applicable Oregon Revised Statutes that are criteria applicable to these PAGE 12 OF 13 - EXHIBIT G TO ORDINANCE 2017-009 amendments (Note, consistency with the Transportation Planning Rule (TPR) was discussed previously in this document). Based on the above discussion, the proposed zone change and text amendments to the DCC are consistent with the statewide planning goals and therefore comply with the requirement that the amendment be consistent with state land use planning law. IV. CONCLUSION: Based on the information provided herein, The Board of County Commissioners approve of the amendments to the Deschutes County Zoning Map and Zoning Ordinance changing the zoning located in the unincorporated area inside the UGB but outside the city limits, except for the land withdrawn from the City by the County by City Resolution 2459, to Urbanizable Area (UA) District and amending the Deschutes County Code (DCC) Chapter 15.08 Signs, Title 17 Subdivisions, and Title 19 Bend Urban Area Zoning Ordinance, repealing Chapter 15.08A City of Bend Sign Code Ordinance No. 1495 and Title 17A City of Bend Subdivision Ordinance No. NS 1349, and amending Title 19A and creating the Urbanizable Area (UA) District. PAGE 13 OF 13 - EXHIBIT G TO ORDINANCE 2017-009 ES ijJ Deschutes County Board of Commissioners 1300 NW Wall 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 28. 2017 DATE: FROM: Matt Martin, Community Development, 541-330-4620 TITLE OF AGENDA ITEM: Public Hearing on Update to City of Bend/Deschutes County Joint Management Agreement PUBLIC HEARING ON THIS DATE?: Yes *Documents for this agend item are included with the materials for public hearing on the zone change and text amendments for the Urbanizable Area zone.* BACKGROUND AND POLICY IMPLICATIONS: Oregon Revised Statutes (ORS) 190.010 enables local government to enter into agreements. Deschutes County has Joint Management Agreements (JMAs) with all four municipalities. The current Deschutes County / City of Bend JMA is intended to facilitate the orderly and efficient development of land inside the UGB as well as Bend's Urban Area Reserve. Last amended in 1998, the cooperative agreement describes the rights and responsibilities of Deschutes County and the City of Bend for reviewing comprehensive plan amendments, implementing ordinances, land use actions, public improvement projects, enforcement, and other related matters. In 2016, the City of Bend and Deschutes County expanded the UGB to include 2,380 acres. During the UGB expansion process, the State determined that Bend's Urban Area Reserve (UAR) designation has no effect under state law other than recognizing that those areas qualify as exceptions to Statewide Planning Goals 3 and 4. Based on that determination, the City of Bend removed the UAR designation and various references from their Comprehensive Plan. The proposed revised JMA agreement establishes clear responsibilities within Bend's UGB and removes any reference to the "Urban Area Reserve." With the exception of prohibiting special water districts, there are no significant changes between the current and revised versions of the JMA, On June 7, 2017, the Bend City Council held a public hearing to review the agreement and unanimously approved the Revised JMA. FISCAL IMPLICATIONS: None. ATTENDANCE: Matt Martin, Associate Planner RECOMMENDATION & ACTION REQUESTED: Open public hearing and received testimony. At the conclusion of testimony,the Board can: Continue the hearing to a date certain; Close the hearing and leave the written record open to a date certain; or Close the hearing, and commence deliberations.