2018-423-Minutes for Meeting September 12,2018 Recorded 10/15/2018IES
0
BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
Recorded in Deschutes County CJ2018-423
Nancy Blankenship: County Clerk
Commissioners' Journal 10/15/2018 4:39:45 PM
1111111111111111111111IIIII IIII
FOR RECORDING STAMP ONLY
BUSINESS MEETING MINUTES
9:00 AM
WEDNESDAY, September 12, 2018 BARNES & SAWYER ROOMS
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 Keith, Board Executive Assistant. No identified representatives of the media were
in attendance.
This meeting was audio and video recorded and can be accessed at the Deschutes County
Meeting Portal website http://deschutescountyor.iqm2.com/Citizens/Default.aspx
CALL TO ORDER: Chair DeBone called the meeting to order at 9:03 a.m.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT: None was offered.
CONSENT AGENDA: Before the Board was Consideration of Approval of the
Consent Agenda. Commissioner Baney requested to pull Consent Agenda Item 5
for further review and Commissioner Henderson requested to pull Consent Agenda
Item 6 for further review.
BOCC BUSINESS MEETING
SEPTEMBER 12, 2018 PAGE 1 OF 5
BANEY: Move approval of Consent Agenda Items 1 - 4
HENDERSON: Second.
VOTE: BANEY: Yes.
HENDERSON: Yes.
DEBONE: Chair votes yes. Motion Carried
Consent Agenda Items:
1. Consideration of Board Signature of Letters Appointing Carey Kraybill and
Shon Rae to the Upper Deschutes Watershed Council
2. Consideration of Board Signature of Letter Thanking Dan Despotopulos for
Service on the Audit Committee
3. Approval of Minutes of the July 11, 2018 Work Session
4. Approval of Minutes of the July 23, 2018 Business Meeting
5. Approval of Minutes of the July 30, 2018 Business Meeting
6. Approval of Minutes of the August 2, 2018 Work Session
ACTION ITEMS
7. PROCLAMATION: Declaring September as Suicide Prevention Month
Health Services Jessica Jacks and Suicide Prevention Trainer Leanna Lees and
Dr. Kim Swanson presented the request to consider the Proclamation.
Commissioner Baney read the proclamation into the record.
BANEY: Move approval
HENDERSON: Second.
VOTE: BANEY: Yes.
HENDERSON: Yes.
DEBONE: Chair votes yes. Motion Carried
BOCC BUSINESS MEETING
SEPTEMBER 12, 2018 PAGE 2 OF 5
8. SECOND READING: Ordinance No. 2018-011, Plan Amendment/Zone
Change for DSL Property
Jacob Ripper, Community Development Department presented this item for
consideration. The first reading was held on August 29, 2018 and the only
revision was to remove the emergency clause from the title.
BAN EY: Move approval of Second Reading by title only
HENDERSON: Second.
VOTE: BANEY: Yes.
HENDERSON: Yes.
DEBONE: Chair votes yes. Motion Carried
Commissioner DeBone read the Ordinance into the record.
BANEY: Move adoption
HENDERSON: Second.
VOTE: BAN EY: Yes.
HENDERSON: Yes.
DEBONE: Chair votes yes. Motion Carried
9. Consideration of Board Signature of Document No. 2018-603, Decision,
Denial of Briteside Oregon, LLC Application
Anthony Raguine, Community Development Department presented the item
of decision for consideration. The Board noted a few requests for revisions
and Mr. Raguine will bring the revised document to the Board for
consideration at the afternoon Work Session.
BANEY: Move approval as amended
HENDERSON: Second.
BOCC BUSINESS MEETING
SEPTEMBER 12, 2018 PAGE 3 OF 5
VOTE: BAN EY: Yes.
HENDERSON: Yes.
DEBONE: Chair votes yes. Motion Carried
10.Consideration of Board Signature of Document No. 2018-601,
Intergovernmental Agreement: Leona Park
Chris Doty, Road Department Director presented the document for
consideration.
HENDERSON: Move approval
BANEY: Second
VOTE: HENDERSON: Yes
BANEY: Yes
DEBONE: Chair votes yes. Motion Carried
11.DELIBERATION: Flood Plan Zone Amendments, Consideration of First
Reading of Ordinance No. 2018-005
Matt Martin and Will Groves, Community Development Department
presented the history and report of the deliberations for amendments to the
Deschutes County Comprehensive Plan, Zoning Map, and Zoning Ordinances
with the primary purpose of changing the Flood Plain zone from a primary
zone to a combining zone. The Board requested one wording change and
consented to minor language changes proposed by CDD staff.
BAN EY: Move approval of amendments as amended
HENDERSON: Second.
VOTE: BANEY: Yes.
HENDERSON: Yes.
DEBONE: Chair votes yes. Motion Carried
BOCC BUSINESS MEETING
SEPTEMBER 12, 2018 PAGE 4 OF 5
Discussion held on missing reference to emergency adoption in title, and
whether to adopt the Ordinance by emergency (21 -days). Board direction
that the Ordinance be appropriately revised to reflect emergency adoption
(21 -days) and thereafter be presented at a Business Meeting next week.
BAN EY: Move to withdraw the initial motion approving amendments.
HENDERSON: Second
VOTE: BAN EY: Yes.
HENDERSON: Yes.
DEBONE: Chair votes yes. Motion Carried
OTHER ITEMS: None were offered.
ADJOURN
Being no further items to come before the Board, the meeting was adjourned at 10:24 a.m.
DATED this �--
Commissioners.
ATTEST:
Day of OG 2018 for the Deschutes County Board of
ECORDING SECRETARY
BOCC BUSINESS MEETING
ANTHONY DEBONE, CHAIR
(0, PHILIP G. HE DERSON, V10E CHAIR
kt)-y(
TAMMY BANEY, MISSIONER
SEPTEMBER 12, 2018
PAGE 5 OF 5
�rx BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
FOR RECORDING STAMP ONLY
BUSINESS MEETING MINUTES
9:00 AM
WEDNESDAY, September 12, 2018 BARNES & SAWYER ROOMS
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 Keith, Board Executive Assistant. No identified representatives of the media were
in attendance.
This meeting was audio and video recorded and can be accessed at the Deschutes County
Meeting Portal website http://deschutescountyor.igm2.com/Citizens/Default.aspx
CALL TO ORDER: Chair DeBone called the meeting to order at 9:03 a.m.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT: None was offered.
CONSENT AGENDA: Before the Board was Consideration of Approval of the
Consent Agenda. Commissioner Baney requested to pull Consent Agenda Item 5
for further review and Commissioner Henderson requested to pull Consent Agenda
Item 6 for further review.
BOCC BUSINESS MEETING
SEPTEMBER 12, 2018 PAGE 1 OF 5
BANEY: Move approval of Consent Agenda Items 1 - 4
HENDERSON: Second.
VOTE: BANEY: Yes.
HENDERSON: Yes.
DEBONE: Chair votes yes. Motion Carried
Consent Agenda Items:
1. Consideration of Board Signature of Letters Appointing Carey Kraybill and
Shon Rae to the Upper Deschutes Watershed Council
2. Consideration of Board Signature of Letter Thanking Dan Despotopulos for
Service on the Audit Committee
3. Approval of Minutes of the July 11, 2018 Work Session
4. Approval of Minutes of the July 23, 2018 Business Meeting
5. Approval of Minutes of the July 30, 2018 Business Meeting
6. Approval of Minutes of the August 2, 2018 Work Session
ACTION ITEMS
7. PROCLAMATION: Declaring September as Suicide Prevention Month
Health Services Jessica Jacks and Suicide Prevention Trainer Leanna Lees and
Dr. Kim Swanson presented the request to consider the Proclamation.
Commissioner Baney read the proclamation into the record.
BANEY: Move approval
HENDERSON: Second.
VOTE: BANEY: Yes.
HENDERSON: Yes.
DEBONE: Chair votes yes. Motion Carried
BOCC BUSINESS MEETING
SEPTEMBER 12, 2018 PAGE 2 OF 5
8. SECOND READING: Ordinance No. 2018-011, Plan Amendment/Zone
Change for DSL Property
Jacob Ripper, Community Development Department presented this item for
consideration. The first reading was held on August 29, 2018 and the only
revision was to remove the emergency clause from the title.
BANEY: Move approval of Second Reading by title only
HENDERSON: Second.
VOTE: BANEY: Yes.
HENDERSON: Yes.
DEBONE: Chair votes yes. Motion Carried
Commissioner DeBone read the Ordinance into the record.
BANEY: Move adoption
HENDERSON: Second.
VOTE: BANEY: Yes.
HENDERSON: Yes.
DEBONE: Chair votes yes. Motion Carried
9. Consideration of Board Signature of Document No. 2018-603, Decision,
Denial of Briteside Oregon, LLC Application
Anthony Raguine, Community Development Department presented the item
of decision for consideration. The Board noted a few requests for revisions
and Mr. Raguine will bring the revised document to the Board for
consideration at the afternoon Work Session.
BANEY: Move approval as amended
HENDERSON: Second.
BOCC BUSINESS MEETING
SEPTEMBER 12, 2018 PAGE 3 OF 5
VOTE: BAN EY: Yes.
HENDERSON: Yes.
DEBONE: Chair votes yes. Motion Carried
10.Consideration of Board Signature of Document No. 2018-601,
Intergovernmental Agreement: Leona Park
Chris Doty, Road Department Director presented the document for
consideration.
HENDERSON: Move approval
BAN EY: Second
VOTE: HENDERSON: Yes
BAN EY: Yes
DEBONE: Chair votes yes. Motion Carried
11.DELIBERATION: Flood Plan Zone Amendments, Consideration of First
Reading of Ordinance No. 2018-005
Matt Martin and Will Groves, Community Development Department
presented the history and report of the deliberations for amendments to the
Deschutes County Comprehensive Plan, Zoning Map, and Zoning Ordinances
with the primary purpose of changing the Flood Plain zone from a primary
zone to a combining zone. The Board requested one wording change
proposal as well as language proposed by CDD staff.
BANEY: Move approval as amended
HENDERSON: Second.
VOTE: BANEY: Yes.
HENDERSON: Yes.
DEBONE: Chair votes yes. Motion Carried
BOCC BUSINESS MEETING
SEPTEMBER 12, 2018 PAGE 4 OF 5
Discussion held on adopting the Ordinance by emergency as a 21 -day period
from the second reading. The Ordinance will be revised to reflect that and
will be presented at a Business Meeting next week.
BAN EY: Move to withdraw the motion
HENDERSON: Second
VOTE: BAN EY: Yes.
HENDERSON: Yes.
DEBONE: Chair votes yes. Motion Carried
OTHER ITEMS: None were offered.
ADJOURN
Being no further items to come before the Board, the meeting was adjourned at 10:24 a.m.
DATED this
Commissioners.
ATTEST:
Day of 2018 for the Deschutes County Board of
RECORDING SECRETARY
BOCC BUSINESS MEETING
ANTHONY DEBONE, CHAIR
PHILIP G. HENDERSON, VICE CHAIR
TAMMY BANEY, COMMISSIONER
SEPTEMBER 12, 2018 PAGE 5 OF 5
Subject:
BOARD OF COMMISSIONERS' MEETING
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Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
9:00 AM, WEDNESDAY, SEPTEMBER 12, 2018
Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend
This meeting is open to the public. To watch it online, visit www.deschutes.org/meetings. Business Meetings are
usually streamed live online and video recorded.
Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or
discussed. This notice does not limit the Board's ability to address other topics.
Meetings are subject to cancellation without notice.
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 Board Signature of Letters Appointing Carey Kraybill and Shon Rae
to the Upper Deschutes Watershed Council
Board of Commissioners Business Meeting Agenda
of 3
Wednesday, September 12, 2018 Page 1
2. Consideration of Board Signature of Letter Thanking Dan Despotopulos for Service
on the Audit Committee
3. Approval of Minutes of the July 11, 2018 Work Session
4. Approval of Minutes of the July 23, 2018 Business Meeting
5. Approval of Minutes of the July 30, 2018 Business Meeting
6. Approval of Minutes of the August 2, 2018 Work Session
ACTION ITEMS
7. PROCLAMATION: Declaring September as Suicide Prevention Month -Jessica Jacks,
8. SECOND READING: Ordinance No. 2018-011. Plan Amendment/Zone Change for
DSL Property -Jacob Ripper, Senior Planner
9. Consideration of Board Signature of Document No. 2018-603, Decision: Denial of
Briteside Oregon, LLC Application, 23450 Walker Road - Anthony Raguine, Senior
Planner
10. Consideration of Board Signature of Document No. 2018-601, Intergovernmental
Agreement: Leona Park - Chris Doty, Road Department Director
11. DELIBERATION: Flood Plain Zone Amendments, Consideration of First Reading of
Ordinance No. 2018-005 - Matthew Martin, Associate Planner
OTHER ITEMS
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
of 3
Wednesday, September 12, 2018 Page 2
ADJOURN
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.org/meetingcalendar
Meeting dates and times are subject to change. If you have question, please call (541) 388-6572.
Board of Commissioners Business Meeting Agenda
of 3
Wednesday, September 12, 2018 Page 3
-VES
Wrap ° .Y -1
o c 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 September 12, 2018
DATE: August 29, 2018
FROM: Anthony Raguine, Community Development, 541-617-4739
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document No. 2018-603, Decision: Denial of Briteside
Oregon, LLC Application, 23450 Walker Road
RECOMMENDATION & ACTION REQUESTED:
On July 11, 2018, the Board of County Commissioners ("BOCC") conducted a public
hearing on Briteside's application to establish a marijuana production facility. On August
15th and 20th, the BOCC deliberated the merits of the case and voted 2-1 to deny the
application for failure to comply with the noise requirements of DCC 18.116.330(B)(11). On
August 29th, the Board requested staff revise the draft decision to incorporate findings
for all approval criteria, including conditions of approval discussed during deliberations.
ATTENDANCE: Anthony Raguine, Senior Planner; Adam Smith, Assistant Legal Counsel
For Recording Stamp Only
DECISION OF THE DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS
FILE NUMBERS: 247 -17 -000833 -AD, 247-18-000424-A
APPLICANT/OWNER: Briteside Oregon LLC
APPLICANT'S ATTORNEY: David J. Petersen, Tonkon Torp LLP
APPELLANT: Jeffrey and Alissa Paulson
APPELLANT'S ATTORNEY: Laurie E. Craghead
PROPOSAL: An appeal of an approved Administrative Determination to
establish marijuana production in the Exclusive Farm Use (EFU)
Zone.
STAFF REVIEWER: Anthony Raguine, Senior Planner
ADMINISTRATIVE
DECISION ISSUED: May 9, 2018
APPEAL FILED: May 18, 2018
HEARING DATE: July 11, 2018
RECORD CLOSED: August 1, 2018
I. SUMMARY OF DECISION:
In this decision, the Board of County Commissioners ("BoCC") considers the appellant's appeal of
the May 9, 2018 administrative Findings & Decision (file no. 247 -17 -000833 -AD; "Administrative
Decision"). The BoCC exercised its discretion to hear the appeal de novo.
117 NW Lafayette Avenue, Bend, Oregon 97703 I P.O. Box 6005, Bend, OR 97708-6005
(541) 388-6575 0 cdd@deschutes.org www.deschutes.org/cd
De 2018
The BoCC received a Memorandum on the appeal from Senior Planner Anthony Raguine, dated July
11, 2018 ("Staff Memorandum") that identified and summarized the appellant's objections, the
applicant's materials, and the Administrative Decision findings in regard to the issues raised in the
appellant's Notice of Appeal submittal. The BoCC's Decision in this appeal will refer to and
incorporate the Administrative Decision and the summary of issues in the Staff Memorandum.
The BoCC conducted a public hearing on July 11, 2018, and deliberated on the application on August
15, 20, and 29, 2018. The BoCC voted 2-1 to overturn the Administrative Determination approving
the land use permit to establish a marijuana production facility on the subject property. The BoCC
found that the applicant failed to demonstrate that the noise produced by the proposed HVAC units
would meet the requirements of Deschutes County Code ("DCC") 18.116.330(B)(11).
II. APPLICABLE STANDARDS AND CRITERIA:
Title 18 of the Deschutes County Code (DCC), County Zoning
Chapter 18.04, Title, Purpose and Definitions
Chapter 18.16, Exclusive Farm Use Zone — EFU
Chapter 18.116, Supplementary Provisions
Title 22, Deschutes County Development Procedures Ordinance
11I. BASIC FINDINGS:
The BoCC adopts and incorporates by reference the code interpretations, findings of fact, and
conclusions of law set forth in the May 9, 2018 Administrative Decision in Section II (Basic Findings),
subsections A (Location), B (Zoning), C (Lot of Record), D (Proposal), E (Site Description), F (Public
Agency Comments), and G (Public Comments), with the addition of the following:
H. REVIEW PERIOD: The application was submitted on October 11, 2017. The application was
deemed incomplete and a letter summarizing the additional information needed to review
the applications was mailed on November 9, 2017. The applicant submitted additional
information in response to the incomplete letter on January 26, 2018, and the application
was deemed complete on that day. The 150th day on which the County must take final action
on this application would have been June 25, 2018. However, on June 11, 2018, the applicant
requested to toll the clock to August 31, 2018. Therefore, the 150th day on which the County
must take final action on this application is September 14, 2018.
I. PROCEDURAL HISTORY: The Administrative Decision was issued on May 9, 2018. An appeal
was timely filed by the appellant during the 12 -day appeal period on May 18, 2018. The BoCC
used their discretion to "call up" the appellant's appeal to be heard de novo pursuant to Board
Order 2018-036, dated May 16, 2018.
A public hearing was held on July 11, 2018. The appellants, Jeffrey and Alissa Paulson, were
represented by Laurie E. Craghead, Attorney at Law. The applicant, Briteside Oregon LLC,
Board of County Commissioners Decision, Document No. 2018-603
File Nos. 247 -17 -000833 -AD, 247-18-000424-A Page 2 of 21
was represented by David J. Petersen, Attorney at Law. The BoCC heard testimony and
established an open record period of 21 days. The record closed on August 1, 2018.
The BoCC conducted deliberations at three of their regular Business Meetings on August 15,
2018, August 20, 2018, and August 29, 2018. Via a 2-1 vote, the BoCC found the proposal did
not comply with the applicable review criteria regarding noise under DCC 18.113.330(B)(10),
detailed below. For this reason, BoCC overturns the Administrative Decision approving the
application. Should a subsequent appellate body overturn the BoCC decision, this decision
includes findings for all applicable criteria along with associated conditions of approval.
IV. FINDINGS:
A. ORS 374.305; DCC 17.48.210; POLICE POWERS
1. ORS 374.305. Necessity of permission to build on rights of way.
(1) A person may not place, build or construct on the right of way of any ... county
road, any approach road, structure, pipeline, ditch, cable or wire, or any other
facility, thing or appurtenance, or substantially alter any such facility, thing or
appurtenance or change the manner of using any such approach road without first
obtaining written permission from the ... board of county commissioners...
1 DCC 17.48.210. Access.
(A) Permit Required. Access onto public right of way or change in type of access shall
require a permit. Permits are applied for at offices of the Community Development
Department.
FINDING: The record includes testimony from neighbors stating the section of Alfalfa Market Road
in the vicinity of the subject property is unsafe. Neighbors cite as factors high vehicular speeds and
the curvature of the road, especially at the location of the existing driveway to the subject property.
It is reasonable to assume that if the subject land use permit is approved, the proposed use will
require increased usage of the existing driveway, thus changing the manner the driveway is used
and/or requiring a substantial alteration to the driveway. Further, comments in the record from the
County's Senior Transportation Planner dated October 21, 2017, suggest that the current driveway
may not have an approved driveway permit. Additionally, neighbors expressed concern regarding
the proposed gate location that could contribute to unsafe queuing of vehicles on Alfalfa Market
Road should the gate be inadvertently locked when workers report to the property. This is
particularly true where, as here, the applicant has not definitively stated the number of employees
who will report to the property for work. For this reason, it is unknown the potential number of
vehicles which could queue at the gate creating an unsafe condition onto Alfalfa Market Road. The
BoCC also notes the potential for inadequate sight distance at the driveway considering the
curvature of the road.
Board of County Commissioners Decision, Document No. 2018-603
File Nos. 247 -17 -000833 -AD, 247-18-000424-A Page 3 of 21
As part of the County's police powers, the BoCC is obliged to ensure that county roads are safe for
the traveling public. See Kostenborder v. City of Salem, 25 Or LUBA 440, 446 (1993), quoting City of
Salem v. Merritt Truax, 70 Or App 138, 688 P2d 120 (1984) ("the rights of abutting proprietors to
access to their premises are subservient to the public's right to free use of the streets. That right is
protected by the state's exercise of its policy power"). That obligation is further reflected in
provisions such as ORS 374.305 and DCC 17.48.210, quoted above.
For these reasons, the BoCC includes a condition of approval requiring the applicant to provide a
copy of an approved driveway permit from the Road Department, or, if such a permit does not exist,
to acquire such a permit prior to initiating the use. Concurrent with applying for a driveway permit,
the applicant shall provide a report signed and stamped by a professional engineer licensed in the
State of Oregon analyzing the safety of the proposed driveway site, including sight distance and
operating characteristics. If determined it is necessary to mitigate traffic safety hazards, the
applicant shall move the driveway farther north on Alfalfa Market Road, and/or relocate the
proposed gate farther east on the driveway to allow for adequate queuing of vehicles.
B. CHAPTER 18.16, EXCLUSIVE FARM ZONE
1. Section 18.16.020. Uses Permitted Outright.
The following uses and their accessory uses are permitted outright:
S. Marijuana production, subject to the provisions of DCC 18.116.330.
FINDING: The applicant is proposing marijuana production on the subject property, a use
permitted outright subject to compliance with the applicable provisions of DCC 18.116.330,
addressed below.
2. Section 18.16.060. Dimensional Standards.
E. Building height. No building or structure shall be erected or enlarged to
exceed 30 feet in height, except as allowed under DCC 18.120.040.
FINDING: The applicant proposes to use both an existing structure that is less than 30 feet in height,
along with a new structure that will be approximately 14 feet in height. This criterion will be met.
3. Section 18.16.070. Yards.
A. The front yard shall be a minimum of: 40 feet from a property line fronting
on a local street, 60 feet from a property line fronting on a collector street,
and 100 feet from a property line fronting on an arterial street.
B. Each side yard shall be a minimum of 25 feet, except that for a nonfarm
dwelling proposed on property with side yards adjacent to property currently
Board of County Commissioners Decision, Document No. 2018-603
File Nos. 247 -17 -000833 -AD, 247-18-000424-A Page 4 of 21
employed in farm use, and receiving special assessment for farm use, the
side yard shall be a minimum of 100 feet.
C. Rear yards shall be a minimum of 25 feet, except that for a nonfarm dwelling
proposed on property with a rear yard adjacent to property currently
employed in farm use, and receiving special assessment for farm use, the
rear yard shall be a minimum of 100 feet.
FINDING: The property has frontage on Walker Road, classified as a local road requiring a 40 -foot
front yard setback. Because the proposed structure is not a nonfarm dwelling, the required side
and rear yard setbacks are 25 feet.
The existing building observes a south front yard setback of 483 feet, an east side yard setback of
924 feet, and a north rear yard setback of 781 feet. The record includes conflicting information
regarding the setback of the existing building from the west property line. During the open record
period following the public hearing, the applicant submitted a survey indicating the existing building
observes a west side yard setback of 105 feet. For these reasons, the BoCC finds the existing
building meets applicable yard setbacks.
The proposed building envelope will observe a south front yard setback of 200 feet', an east side
yard setback of approximately 900 feet, a west side yard setback of 200 feet, and a north rear yard
setback of 880 feet. The BoCC finds the proposed building will comply with applicable yard setbacks.
D. In addition to the setbacks set forth herein, any greater setbacks required by
applicable building or structural codes adopted by the State of Oregon
and/or the County under DCC 15.04 shall be met.
FINDING: Any greater setbacks required by applicable building or structural codes will be
addressed during building permit review.
4. Section 18.16.080. Stream Setbacks.
To permit better light, air, vision, stream pollution control, protection of fish
and wildlife areas and preservation of natural scenic amenities and vistas
along streams and lakes, the following setbacks shall apply:
A. All sewage disposal installations, such as septic tanks and septic
drainfields, shall be set back from the ordinary high water mark along
all streams or lakes a minimum of 100 feet, measured at right angles
to the ordinary high water mark. In those cases where practical
difficulties preclude the location of the facilities at a distance of 100
feet and the County Sanitarian finds that a closer location will not
endanger health, the Planning Director or Hearings Body may permit
1 Although the proposed building envelope illustrates a front yard setback of 120 feet and a west side yard
setback of zero feet, the acoustical barrier limit sets effective front and west side yard setbacks of 200 feet.
Board of County Commissioners Decision, Document No. 2018-603
File Nos. 247 -17 -000833 -AD, 247-18-000424-A Page 5 of 21
the location of these facilities closer to the stream or lake, but in no
case closer than 25 feet.
8. All structures, buildings or similar permanent fixtures shall be set
back from the ordinary high water mark along all streams or lakes a
minimum of 100 feet measured at right angles to the ordinary high
water mark.
FINDING: Although a COID canal traverses the property, no streams or lakes exist on-site.
Therefore, these criteria do not apply.
C. CHAPTER 18.116, SUPPLEMENTARY PROVISIONS
1. Section 18.116.330. Marijuana Production, Processing, and Retailing.
A. Applicability. Section 18.116.330 applies to:
1. Marijuana Production in the EFU, MUA-10, and RI zones.
FINDING: The applicant proposes a marijuana production (grow) facility in the EFU Zone. This
section applies.
B. Marijuana production and marijuana processing. Marijuana production and
marijuana processing shall be subject to the following standards and criteria:
1. Minimum Lot Area.
a. In the EFU and MUA-10 zones, the subject legal lot of record shall have
a minimum lot area of five (5) acres.
FINDING: The subject property is 40 acres in size. This standard is met.
2. Indoor Production and Processing.
b. In the EFU zone, marijuana production and processing shall only be
located in buildings, including greenhouses, hoop houses, and similar
structures.
FINDING: A comment was received from Laurie Craghead2 arguing that only one building is allowed
for each production license. Specifically, Ms. Craghead provides the following,
The county code allows only one marijuana production license per property but does allow
production within a building. Thus, the code should be interpreted that only one building is
allowed for each production license. Thus, each separate container onsite is a separate production
site. Since each one is a separate production site, each one needs to be licensed by the OLCC
separately. The county code, however, allows only one licensed marijuana production site per
2 Reference Laurie Craghead email dated March 9, 2018.
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parcel. Thus, no more than one container can be used for a licensed marijuana production.
Nothing in the statutes or the OARs precludes such an interpretation of the county code.
The BoCC finds that the specific language in this criterion contemplates the potential use of multiple
buildings and similar structures for production. Additionally, the BoCC approved two buildings for
marijuana production use in the Eakin application (247-17-000520-A) in which only one OLCC
licensed was proposed to be used. For these reasons, the BoCC finds the applicant's use of an
existing building with a proposed new building for the production operation meets this criterion.
No outdoor production is proposed.
3. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy
area for mature marijuana plants shall apply as follows:
a. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square
feet.
b. Parcels equal to or greater than 10 acres to less than 20 acres in lot
area: 5,000 square feet. The maximum canopy area for mature
marijuana plants may be increased to 10,000 square feet upon
demonstration by the applicant to the County that:
i. The marijuana production operation was lawfully established
prior to January 1, 2015; and
ii. The increased mature marijuana plant canopy area will not
generate adverse impact of visual, odor, noise, lighting, privacy
or access greater than the impacts associated with a 5,000
square foot canopy area operation.
c. Parcels equal to or greater than 20 acres to less than 40 acres in lot
area: 10,000 square feet.
d. Parcels equal to or greater than 40 acres to less than 60 acres in lot
area: 20,000 square feet.
e. Parcels equal to or greater than 60 acres in lot area: 40,000 square
feet.
FINDING: A concern was expressed by an opponent that the subject property is less than 40 acres
in size and, therefore, the applicant cannot not establish up to 20,000 square feet of mature canopy
as allowed under subsection (d). Staff noted that the County Assessor records indicate the property
is 40 acres in size with no contrary evidence submitted into the record. To ensure the applicant's
ability to establish up to 20,000 square feet of mature canopy under subsection (d), the BoCC
includes a condition of approval requiring the applicant to submit verification of the size of the
subject property from a licensed surveyor. Said verification shall be submitted prior to issuance of
any building permit for the proposed production building, or prior to initiating any production on-
site, whichever comes first. With the imposition of this condition of approval, this criterion will be
met.
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4. Maximum Building Floor Area. In the MUA-10 zone, the maximum building
floor area used for all activities associated with marijuana production and
processing on the subject property shall be:
a. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square
feet.
b. Parcels equal to or greater than 10 acres: 5,000 square feet.
FINDING: The subject property is zoned EFU. Therefore, this standard does not apply.
5. Limitation on License/Grow Site per Parcel. No more than one (1) Oregon
Liquor Control Commission (OLCC) licensed marijuana production or Oregon
Health Authority (OHA) registered medical marijuana grow site shall be
allowed per legal parcel or lot.
FINDING: The applicant states the intention to complete and finalize the OLCC license upon
approval of the subject application. A condition of approval will ensure that only one OLCC or OHA
site is registered to the subject property.
6. Setbacks. The following setbacks shall apply to all marijuana production and
processing areas and buildings:
a. Minimum Yard Setback/Distance from Lot Lines: 100 feet.
FINDING: As noted above, the existing building observes setbacks from all property lines of at least
100 feet. Because of the conflicting information in the record regarding the setback from the
existing building to the west property line, the BoCC imposes a condition of approval requiring the
applicant to schedule a site visit with Planning staff to ensure the existing building meets the 100 -
foot setback standard. With the imposition of this condition of approval, the BoCC finds the existing
building meets applicable yard setbacks. Further, the BoCC finds itis not necessary for the applicant
to address the exception standards under subsection (c) below.
b. Setback from an off-site dwelling: 300 feet.
For the purposes of this criterion, an off-site dwelling includes those
proposed off-site dwellings with a building permit application
submitted to Deschutes County prior to submission of the marijuana
production or processing application to Deschutes County.
FINDING: Staff reviewed permit records for all adjacent properties and found the closest dwelling
to the marijuana production building envelope is located approximately 325 feet to the west on tax
lot 1500, Assessor map 17-13-27C (23250 Walker Road). The BoCC finds this standard will be met.
c. Exception: Any reduction to these setback requirements may be
granted by the Planning Director or Hearings Body provided the
applicant demonstrates the reduced setbacks afford equal or greater
mitigation of visual, odor, noise, lighting, privacy, and access impacts.
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FINDING: The application materials requested an exception to the 100 -foot setback standard under
the belief that the existing building was approximately 90 feet from the west property line. As
discussed, the survey submitted by the applicant indicates the existing building observes a 105 -foot
setback. For this reason, the BoCC finds an exception is not required.
7. Separation Distances. Minimum separation distances shall apply as follows:
a. The use shall be located a minimum of 1000 feet from:
i. A public elementary or secondary school for which attendance
is compulsory under Oregon Revised Statutes 339.010, et seq.,
including any parking lot appurtenant thereto and any
property used by the school;
ii. A private or parochial elementary or secondary school,
teaching children as described in ORS 339.030(1)(a), including
any parking lot appurtenant thereto and any property used by
the school;
iii. A licensed child care center or licensed preschool, including any
parking lot appurtenant thereto and any property used by the
child care center or preschool. This does not include licensed
or unlicensed child care which occurs at or in residential
structures;
iv. A youth activity center; and
v. National monuments and state parks.
b. For purposes of DCC 18.116.330(8)(7), all distances shall be measured
from the lot line of the affected properties listed in DCC
18.116.330(B)(7)(a) to the closest point of the buildings and land area
occupied by the marijuana producer or marijuana processor.
c. A change in use of another property to those identified in DCC
18.116.330(8)(7) shall not result in the marijuana producer or
marijuana processor being in violation of DCC 18.116.330(8)(7) if the
use is:
i. Pending a local land use decision;
ii. Licensed or registered by the State of Oregon; or
iii. Lawfully established.
FINDING: Four (4) tax lots are wholly or partially within 1,000 feet of the subject property. Staff
reviewed land use records for these properties and found none of these properties are engaged in
or approved for a use described in this section, or are subject to subsection (c). The BoCC finds this
criterion will be met.
8. Access. Marijuana production over 5,000 square feet of canopy area for
mature marijuana plants shall comply with the following standards.
a. Have frontage on and legal direct access from a constructed public,
county, or state road; or
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b. Have access from a private road or easement serving only the subject
property.
c. If the property takes access via a private road or easement which also
serves other properties, the applicant shall obtain written consent to
utilize the easement or private road for marijuana production access
from all owners who have access rights to the private road or
easement. The written consent shall:
i. Be on a form provided by the County and shall contain the
following information;
ii. Include notarized signatures of all owners, persons and
properties holding a recorded interest in the private road or
easement;
iii. Include a description of the proposed marijuana production or
marijuana processing operation; and
iv. Include a legal description of the private road or easement.
FINDING: The proposed production operation will include mature canopy of up to 20,000 square
feet. For this reason, these criteria apply.
Concerns were expressed regarding adequate access and location of the access road in relation to
adjoining Bureau of Land Management ("BLM") lands to the south. The record includes a recorded
Shared Access Consent Agreement ("Agreement"), incompliance with DCC 18.116.330(B)(8)(c).3 An
opponent argues that the consent agreement is useless because it is not legally binding. Specifically,
an easement for two properties, when both properties are owned by the same owner, is void under
the "Merger Doctrine."
The applicant provides the following response,
The doctrine of merger has no relevance here. The doctrine of merger provides that if the
owner of property burdened by an easement also acquires the property benefited by the
easement, then the easement terminates. Although in practice landowners commonly
record easements benefitting and burdening property in common ownership, as a strict
legal matter the doctrine of merger arguably could render ineffective the easement
recorded July 16, 2018. However, if that is the case, then no easement is needed since the
owner of both properties is the same. There is no legal impediment to a property owner
using its own property to access other property that it also owns. So either Briteside has
valid access to Tax Lot 3400 via the July 16, 2018 easement, or it has valid access to Tax
Lot 3400 because it also owns Tax Lot 1500. If the latter is true, then upon any conveyance
of either tax Lot 3400 or tax Lot 1500 to a different owner, Briteside can (and will) record
an easement at that time.
3 See Exhibit L of the applicant's submittal dated July 18, 2018, and included as part of Exhibit C to this
memo.
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The applicant further explains that the Agreement is binding on subsequent owners of tax lot 1500.
Section 4 of the Agreement is a "no merger" clause.
With respect to the access road location, the applicant reiterates its commitment to locate the road
entirely within Briteside LLC lands, and off of any BLM lands. To this end, the applicant agrees to a
condition of approval to ensure compliance.
In response to the administrative approval, the applicant has already recorded the Agreement.' To
ensure the easement is appropriately located on the subject property, the BoCC imposes a
condition of approval requiring the applicant to survey the proposed easement, and for any portion
of the road that is not within the easement, to relocate the road within the easement. Further,
should tax lot 1500 or 3400 be conveyed to a different owner, the operator of the marijuana
production facility shall record a new easement at that time. With the imposition of these
conditions, this criterion will be met.
9. Lighting. Lighting shall be regulated as follows:
a. Inside building lighting, including greenhouses, hoop houses, and
similar structures, used for marijuana production shall not be visible
outside the building from 7:00 p.m. to 7:00 a.m. on the following day.
b. Lighting fixtures shall be fully shielded in such a manner that all light
emitted directly by the lamp or a diffusing element, or indirectly by
reflection or refraction, is projected below the horizontal plane
through the lowest light -emitting part.
FINDING: Neither the existing building nor the proposed building have any windows, or similar,
which would allow light to escape. These criteria will be met.
c. Light cast by exterior light fixtures other than marijuana grow lights
shall comply with DCC 15.10, Outdoor Lighting Control.
FINDING: The applicant agrees to ensure that all exterior light fixtures will comply with the Outdoor
Lighting Control ordinance. A condition of approval has been added to ensure compliance.
10. Odor. As used in DCC 18.116.330(8)(10), building means the building, including
greenhouses, hoop houses, and other similar structures, used for marijuana
production or marijuana processing.
a. The building shall be equipped with an effective odor control system
which must at all times prevent unreasonable interference of
neighbors' use and enjoyment of their property.
b. An odor control system is deemed permitted only after the applicant
submits a report by a mechanical engineer licensed in the State of
4 Recorded as Document Number 2018-19456.
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Oregon demonstrating that the system will control odor so as not to
unreasonably interfere with neighbors' use and enjoyment of their
property.
c. Private actions alleging nuisance or trespass associated with odor
impacts are authorized, if at all, as provided in applicable state
statute.
d. The odor control system shall:
i. Consist of one or more fans. The fan(s) shall be sized for cubic
feet per minute (CFM) equivalent to the volume of the building
(length multiplied by width multiplied by height) divided by
three. The filter(s) shall be rated for the required CFM; or
ii. Utilize an alternative method or technology to achieve equal to
or greater odor mitigation than provided by (i) above.
e. The system shall be maintained in working order and shall be in use.
FINDING: The applicant submitted a revised engineer's letter dated April 20, 2018 prepared by Rob
James, a mechanical engineer registered in the state of Oregon (Certificate Number 65108 PE), to
address both odor and noise for the existing and proposed buildings.
Existing Building
The revised engineer's report provides the following details for the odor control system within the
existing building.
The existing building contains 2 grow rooms, a veg/clone room and some ancillary non -grow
spaces.
1. The 2 grow rooms each have a volume of 15,880 CF [cubic feet], which will require a
carbon filtered air flow of 5,294 CFM [cubic feet per minute]. Each grow room will have
3 air handlers that each move 1,471 CFM through carbon filters, plus one Can -Fan 12" HO
(925 CFM @ 0.5') with an attached Can -Filter 150, 12" flange. The total carbon filtered air
flow will be 5,338 CFM, thus meeting the code requirement.
2. The veg/clone room has a volume of 6,815 CF, which will require a carbon filtered air flow
of 2,272 CFM. This room will have 2 air handlers that each move 1,471. CFM through
carbon filters. The total carbon filtered air flow will be 2,942 CFM, thus meeting the code
requirement.
3. During normal operations of the facility the Opticlimate System is designed to condition
and recirculate the air within the building. No air is exhausted from the building as there
is not an Economizer Mode on the HVAC System.
4. The prefabricated structures are sealed operationally, not to pose any potential for odor
to neighboring properties.
Proposed Building
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The revised engineer's report provides the following details for the odor control system within the
proposed new building.
The new building consists of 28 modules of flower and vegetation rooms. Each module has a
volume of 7,500 CF, which will require a carbon filtered air flow of 2,500 CFM. Each module will
have three Can -Fan 12" HO (925 CFM @ 0.5") with an attached Can -Filter 150, 12" flange. The total
carbon filtered air flow will be 2,775 CFM, thus meeting the code requirement.
At the hearing, the BoCC requested additional information on the effectiveness of the proposed
carbon filters, thereby 'demonstrating that the system will control odor so as not to unreasonably
interfere with neighbors' use and enjoyment of their property' as required under subsection (b). In
response to the BoCC's request, the applicant submitted additional information into the record.
Exhibit M to the applicant's July 18, 2018 packet is a supplemental report from ColeBreit Engineering.
Exhibit N to that same submittal includes excerpts from land use regulations from other Oregon
jurisdictions, the Appendix to December 2017 Final Impact Report prepared for the City of Santa
Barbara, CA, for its Cannabis Land Use Ordinance and Licensing Program, along with articles from
High Times magazine and North Bay Business Journal detailing the effectiveness of carbon filters.
Based on the evidence in the record, the BoCC finds that the proposed odor control system will
comply with this criterion. The BoCC includes a condition of approval to ensure proper maintenance
and use.
11. Noise. Noise produced by marijuana production and marijuana processing
shall comply with the following:
a. Sustained noise from mechanical equipment used for heating,
ventilation, air condition, odor control, fans and similar functions
shall not exceed 30 dB(A) measured at any property line between
10:00 p.m. and 7:00 a.m. the following day.
b. Sustained noise from marijuana production is exempt from
protections of DCC 9.12 and ORS 30.395, Right to Farm. Intermittent
noise for accepted farming practices is permitted.
FINDING: The applicant submitted a revised engineer's letter dated April 20, 2018, prepared by a
mechanical engineer registered in the state of Oregon to address both odor and noise for the
existing and proposed buildings. This letter is supplemented by ColeBreit's report included with the
applicant's July 18, 2018 submittal, identified as Exhibit M.
The new building was proposed with a total of 44 wall -mounted HVAC units producing a noise level
of 73 dB at each unit. The existing building will include seven noise -generating units. The
mechanical engineer noted in the report that the new building will need a six to seven foot high
concrete sound wall on the south and west sides to ensure the sounds are below 30 dBA. The
mechanical engineer provided a statement that he calculated the expected sound pressure levels
at the four property lines and included the projected dBA levels, but did not provide the calculations
and data used to reach those conclusions. Additionally, a concern was expressed that the
mechanical engineer did not provide the specific calculations demonstrating how the concrete wall
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would reduce dBA levels, particularly considering the potential for sound to reverberate between
the wall and the proposed new building.
One BoCC member found the applicant could meet the criteria with an ongoing condition of
approval. However, two BoCC members disagreed and determined that the mechanical engineer's
report lacked the required site-specific information to sufficiently demonstrate that the noise
produced by the mechanical equipment would not exceed the requirements of DCC 18.116.330(11).
Therefore, the majority of the BoCC finds that the applicant has not met its burden to demonstrate,
in a site-specific manner, that sustained noise will not exceed 30 dBA measured at any property line
between 10:00 p.m. and 7:00 a.m. For this reason, the BoCC denies the application.
Should the BoCC's denial on this criterion not be upheld on appeal, the BoCC includes a condition
of approval to ensure compliance.
12. Screening and Fencing. The following screening standards shall apply to
greenhouses, hoop houses, and similar non -rigid structures and land areas
used for marijuana production and processing:
a. Subject to DCC 18.84, Landscape Management Combining Zone
approval, if applicable.
b. Fencing shall be finished in a muted earth tone that blends with the
surrounding natural landscape and shall not be constructed of
temporary materials such as plastic sheeting, hay bales, tarps, etc.,
and shall be subject to DCC 18.88, Wildlife Area Combining Zone, if
applicable.
c. Razor wire, or similar, shall be obscured from view or colored a muted
earth tone that blends with the surrounding natural landscape.
d. The existing tree and shrub cover screening the development from the
public right-of-way or adjacent properties shall be retained to the
maximum extent possible. This provision does not prohibit
maintenance of existing lawns, removal of dead, diseased or
hazardous vegetation; the commercial harvest of forest products in
accordance with the Oregon Forest Practices Act; or agricultural use
of the land.
FINDING: The subject property is not in a Landscape Management or Wildlife Area Combining
Zone. Per the applicant's response to the Incomplete Letter, seven -foot -tall black chain-link fencing
with one -inch barbed wire along the top will be installed. The applicant's response does not specify
the color of the barbed wire. The BoCC concludes that black is not a muted earth tone that will
blend with the surrounding natural landscape. For this reason, the BoCC includes a condition of
approval requiring the fencing and barbed wire to be brown in color with a matte (non -reflective)
finish.
The applicant does not propose to remove any vegetation on-site. A condition of approval has been
added to ensure compliance with subsection (d) above.
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These criteria will be met.
13. Water. The applicant shall provide:
a. A copy of a water right permit, certificate, or other water use
authorization from the Oregon Water Resource Department; or
b. A statement that water is supplied from a public or private water
provider, along with the name and contact information of the water
provider; or
c. Proof from the Oregon Water Resources Department that the water to
be used is from a source that does not require a water right.
FINDING: The applicant proposes multiple water sources to serve the production operation.
• Three (3) mitigation credits from Legacy Ranches LLC - reference Oregon Water Resources
Department ("WRD") Assignment Record submitted with the applicant's response to the
Incomplete Letter
• A total of 31.25 acres of irrigation water from COID for use from April 1st through October
31St (irrigation season) - reference COID's letter submitted with the original application
materials
• Bend Water Hauling - reference the Bend Water Hauling 'will -serve' letter submitted with the
original application materials
At the hearing and in written comments submitted during the written record period, a number of
concerns were discussed with regard to water availability and usage.
Opponents objected to the potential for Briteside to use well water for the facility. Briteside
reiterated its acknowledgement that it has no present authority to use water from the domestic
exempt well on-site for the production facility, absent approval from WRD. To address concerns
regarding well water usage, the BoCC includes a condition of approval requiring the applicant to
secure WRD approval prior to use of water from the domestic well for the production facility.
An opponent testified that because both buildings are totally enclosed with a floor, the underlying
COID water right could not be used in the buildings and would need to be transferred. The applicant
points to correspondence from COID and WRD confirming that COID water can, in fact, be used in
the buildings for marijuana production. To ensure COID water can be used within both buildings,
the BoCC includes a condition of approval requiring the applicant to submit written confirmation
from COID that the irrigation water right can be used in both buildings despite the fact that both
buildings are enclosed with a floor.
As noted in prior BoCC decisions, the BoCC recognizes Bend Water Hauling as a "public or private
water provider" that complies with this criterion.
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Because the applicant has access to both COID water and water from Bend Water Hauling, the BoCC
finds this criterion will be met. The BoCC does not address the adequacy or necessity of the
mitigation credits from Legacy Ranches LLC.
14. Fire protection for processing of cannabinoid extracts. Processing of
cannabinoid extracts shall only be permitted on properties located within
the boundaries of or under contract with a fire protection district.
FINDING: The applicant is not proposing processing of cannabinoid extracts. Therefore, this
standard does not apply.
15. Utility Verification. A statement from each utility company proposed to serve
the operation, stating that each such company is able and willing to serve
the operation, shall be provided.
FINDING: The record includes a letter from CEC dated June 9, 2017 indicating CEC has reviewed the
load information (4,000 amp three phase service) associated with the cannabis production facility
and that system upgrades will be necessary. The letter goes on to state that CEC is willing and able
to serve the proposed marijuana production use at the subject property. No other utilities have
been proposed to serve the operation. This criterion is met.
16. Security Cameras. If security cameras are used, they shall be directed to
record only the subject property and public rights-of-way, except as required
to comply with requirements of the OLCC or the OHA.
FINDING: The applicant states security cameras will be used. Compliance with this standard shall
be a condition of approval.
17. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste
receptacle in the possession of and under the control of the OLCC licensee or
OHA Person Responsible for the Grow Site (PRMG).
FINDING: The applicant proposes secure waste receptacles within both the existing and proposed
buildings. Compliance with this standard shall be a condition of approval.
18. Residency. In the MUA-10 zone, a minimum of one of the following shall reside
in a dwelling unit on the subject property:
a. An owner of the subject property;
b. A holder of an OLCC license for marijuana production, provided that the
license applies to the subject property; or
c. A person registered with the OHA as a person designated to produce
marijuana by a registry identification cardholder, provided that the
registration applies to the subject property.
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FINDING: The subject property is zoned EFU, therefore this standard does not apply.
19. Nonconformance. All medical marijuana grow sites lawfully established prior
toJune 8, 2016 by the Oregon Health Authority shall comply with the provisions
of DCC 18.116.330(B)(9) by September 8, 2016 and with the provisions of DCC
18.116.330(8)(10-12, 16, 17) by December 8, 2016.
FINDING: The subject property does not include a medical marijuana grow facility. This criterion
does not apply.
20. Prohibited Uses.
a. In the EFU zone, the following uses are prohibited:
i. A new dwelling used in conjunction with a marijuana crop;
ii. A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(o),
used in conjunction with a marijuana crop;
A commercial activity, as described in ORS 215.213(2)(c) or
215.283(2)(a), carried on in conjunction a marijuana crop; and
iv. Agri -tourism and other commercial events and activities in
conjunction with a marijuana crop.
b. In the MUA-10 Zone, the following uses are prohibited:
i. Commercial activities in conjunction with farm use when carried
on in conjunction with a marijuana crop.
c. In the EFU, MUA-10, and Rural Industrial zones, the following uses are
prohibited on the same property as marijuana production:
i. Guest Lodge.
ii. Guest Ranch.
iii. Dude Ranch.
iv. Destination Resort.
v. Public Parks.
vi. Private Parks.
vii. Events, Mass Gatherings and Outdoor Mass Gatherings.
viii. Bed and Breakfast.
ix. Room and Board Arrangements.
FINDING: The applicant is not proposing any of the prohibited uses listed above. As a condition of
approval, the uses listed in DCC 18.116.330(20) shall be prohibited on the subject property so long
as marijuana production is conducted on the site.
D. Annual Reporting
1. An annual report shall be submitted to the Community Development
Department by the real property owner or licensee, if different, each
February 1, documenting all of the following as of December 31 of the
previous year, including the applicable fee as adopted in the current
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County Fee Schedule and a fully executed Consent to Inspect Premises
form:
a. Documentation demonstrating compliance with the:
i. Land use decision and permits.
ii. Fire, health, safety, waste water, and building codes and
laws.
iii. State of Oregon licensing requirements.
b. Failure to timely submit the annual report, fee, and Consent to
Inspect Premises form or to demonstrate compliance with DCC
18.116.330(C)(1)(a) shall serve as acknowledgement by the real
property owner and licensee that the otherwise allowed use is
not in compliance with Deschutes County Code; authorizes
permit revocation under DCC Title 22, and may be relied upon
by the State of Oregon to deny new or license renewal(s) for
the subject use.
c. Other information as may be reasonably required by the
Planning Director to ensure compliance with Deschutes County
Code, applicable State regulations, and to protect the public
health, safety, and welfare.
d. Marijuana Control Plan to be established and maintained by
the Community Development Department.
e. Conditions of Approval Agreement to be established and
maintained by the Community Development Department.
f. This information shall be public record subject to ORS
192.502(17).
FINDING: Compliance with the annual reporting requirements of this section shall be a condition
of approval.
V. DECISION:
Based on the findings of fact and conclusions of law set out above, the BoCC hereby DENIES the
applicant's proposed marijuana production application and reverses on appeal the May 9, 2018
Administrative Determination (file no. 247 -17 -000833 -AD), which approved the application.
Should the BoCC denial on noise not be upheld on appeal, this decision includes findings for all
applicable criteria and, where necessary, associated conditions of approval which reflect the BoCC's
deliberations on those criteria.
VI. CONDITIONS OF APPROVAL
A. Approval is based upon the submitted application materials and record developed for this land use
action. Any substantial change to the approved use will require a new application.
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B. All necessary Building Division and Environmental Soils Division permits shall be secured by the
applicant prior to initiating the use.
C. Prior to issuance of any building permit for the proposed production building, or prior to
initiating any production on-site, whichever comes first, the applicant shall submit to the
Planning Division a survey prepared by a licensed surveyor demonstrating the subject property
is at least 40 acres in size.
D. Only one OLCC or OHA site shall be registered to the subject property.
E. Prior to issuance of any building permit for the proposed production building, or prior to
initiating any production on-site, whichever comes first, the applicant shall schedule a site
visit with Planning staff to ensure the existing building complies with the required 100 -foot west
side yard setback standard.
F. Prior to initiation of production use within the existing building or issuance of any building
permit for the proposed new production building, whichever comes first, the applicant shall
survey the proposed easement and, for any portion of the road that is not within the easement,
relocate the road within the easement. The applicant shall schedule a site visit with Planning staff
to demonstrate compliance with this condition.
1. Should tax lot 1500 or 3400 be conveyed to a different owner, the operator of the
marijuana production facility and/or the appropriate property owner shall ensure legal
access is continued by, at that time, recording a new access easement.
G. Inside building lighting, including greenhouses, hoop houses, and similar structures, used for
production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on the following
day.
H. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the lamp
or a diffusing element, or indirectly by reflection or refraction, is projected below the horizontal
plane through the lowest light -emitting part.
I. Light cast by exterior light fixtures associated with the production buildings, other than marijuana
grow lights, shall comply with DCC 15.10, Outdoor Lighting Control.
J. At all times, the proposed odor control systems for the production buildings must prevent
unreasonable interference of neighbors' use and enjoyment of their property.
K. At all times, the proposed odor control systems for the production buildings shall be maintained
in working order and shall be in use during production.
L. At all times, sustained noise from mechanical equipment associated with the production
buildings and used for heating, ventilation, air condition, odor control, fans and similar functions
Board of County Commissioners Decision, Document No. 2018-603
File Nos. 247 -17 -000833 -AD, 247-18-000424-A Page 19 of 21
shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the
following day.
M. The fencing and barbed wire shall be brown in color with a matte (non -reflective) finish.
N. The existing tree and shrub cover screening the production buildings from the public right-of-way
or adjacent properties shall be retained to the maximum extent possible. This provision does not
prohibit maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the
commercial harvest of forest products in accordance with the Oregon Forest Practices Act; or
agricultural use of the land.
0. Prior to use of any water from the domestic well on-site for the production facility, the
applicant shall secure WRD approval.
P. Prior to initiation of production use within the existing building or issuance of any building
permit for the proposed new production building, whichever comes first, the applicant shall
submit to the Planning Division written confirmation from COID that the irrigation water right
appurtenant to the property can be used within the enclosed buildings for marijuana production.
Q. At all times, security cameras shall be directed to record only the subject property and shall
comply with the requirements of the OLCC.
R. At all times, marijuana waste shall be stored in a secure waste receptacle in the possession of
and under the control of the OHA licensee.
S. The uses listed under DCC 18.116.330(B)(20) are prohibited on-site if marijuana production exists
on-site.
T. The applicant or property owner shall comply with the annual reporting requirements of DCC
18.116.330(D).
U. Prior to initiation of production use within the new building, the applicant shall install a
seven -foot -tall concrete sound wall between the proposed new production building and the west
and south property lines. The proposed new production building shall be sited within the Building
Envelope identified on the applicant's Site Plan Addendum dated January 18, 2018, and sited no
closer than 200 feet from the west and south property lines.
V. Prior to initiation of production use within the existing building or issuance of any building
permit for the proposed new production building, whichever comes first, the applicant shall
provide a copy of an approved driveway permit from the Road Department. Or, if such a permit
does not exist, the applicant shall acquire such a permit. Concurrent with applying for a
driveway permit, the applicant shall provide a report signed and stamped by a professional
engineer licensed in the State of Oregon analyzing the safety of the proposed driveway site,
including sight distance and operating characteristics. If determined it is necessary to mitigate
Board of County Commissioners Decision, Document No. 2018-603
File Nos. 247 -17 -000833 -AD, 247-18-000424-A Page 20 of 21
traffic safety hazards, the applicant shall move the driveway farther north on Alfalfa Market
Road, and/or relocate the proposed gate farther east on the driveway to allow for adequate
queuing of vehicles.
Dated this day of September, 2018
BOARD OF COUNTY COMMISSIONERS
FOR DESCHUTES COUNTY
Anthony DeBone, Chair
Philip G. Henderson, Vice Chair
Tammy Baney, Commissioner
THIS DECISION BECOMES FINAL WHEN MAILED. PARTIES MAY APPEAL THIS DECISION TO THE
LAND USE BOARD OF APPEALS WITHIN 21 DAYS OF THE DATE ON WHICH THIS DECISION I5
FINAL.
Board of County Commissioners Decision, Document No. 2018-603
File Nos. 247 -17 -000833 -AD, 247-18-000424-A Page 21 of 21
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 September 12, 2018
DATE: September 6, 2018
FROM: Matthew Martin, Community Development, 541-330-4620
TITLE OF AGENDA ITEM:
DELIBERATION: Flood Plain Zone Amendments, Consideration of First Reading of
Ordinance No. 2018-005
ATTENDANCE: Matthew Martin, Associate Planner; Will Groves, Senior Planner
SUMMARY: On September 12, 2018, the Board of Commissioners (Board) will continue
deliberations on amendments to the Deschutes County Comprehensive Plan, Zoning Map, and
Zoning Ordinance with the primary purpose of changing the Flood Plain zone from a primary
zone to a combining zone. If deliberations are completed on September 12, the Board may
also consider first reading of the ordinance (Ord. 2018-005) on that same day or at a
subsequent meeting.
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Matthew Martin, AICP, Associate Planner
DATE: September 12, 2018
SUBJECT: Flood Plain Zone Amendments / Ordinance No. 2018-005
On September 12, 2018, the Board of Commissioners (Board) will continue deliberations on
amendments to the Deschutes County Comprehensive Plan, Zoning Map, and Zoning Ordinance
with the primary purpose of changing the Flood Plain zone from a primary zone to a combining
zone. The amendments also incorporate provisions of the 2014 Oregon Model Flood Damage
Prevention Ordinance, address inconsistencies created by the conversion to a combining zone,
correct errors, and add provisions for cluster and planned developments on property that contains
flood plain zoning. The amendments do not affect the mapped FEMA flood plain boundary or the
standards applicable to most development within the Area of Special Flood Hazard (aka 100 -year
flood plain).
The Board last discussed the proposed amendments during deliberations on April 2, 2018. Due to
project prioritization and reassignments, the presentation of the ordinance for adoption has been
delayed. Since the Board meeting in April, staff has refined the findings supporting the
amendments.
Ordinance No. 2018-005 (attached) includes changes recommended by the Board during previous
deliberations. If deliberations are completed on September 12, the Board may also consider first
reading of the ordinance on that same day or at a subsequent meeting. Staff notes the ordinance
contains an emergency clause for consideration in recognition of the lengthy legislative process it
took refining the amendments.
Attachment: Ordinance 2018-005
117 NW Lafayette Avenue, Bend, Oregon 97703 P.O. Box 6005, Bend, OR 97708-6005
(541) 388-6575 @ cdd@deschutes.org www.deschutes.org/cd
Unincorporated Community Maps
Terrebonne - Map 33
Tumalo Map 34
Sunriver - Map 35
Legend
Flood Plain Index
State Highway
11711:11', County Boundary
Unincorporated Community
Urban Growth Boundary
City of
La Pine
Deschutes County
Flood Plain Combining Zone
Ordinance 2018-005
Exhibit "A"
0 2 4
12 16
May 9, 2018
Miles
Legend
nide.
Unincorporated Community
• Floud plain Overlay Zone
County Zoning
, A00 -Airfield Operations D.triet
ASD - Aviation Support Distr.
ASDRA-Aviation Support DistAct Reserve Area
ARID Aviation Related Induslriel Distdet
ARIDRA-Avmtion Related Industrial District Reserve Area
EFUAL- Alfalfa Subzone
EFUHR- Horse Ridge Subzone
EFULA • La Pine Subzone
• EFULB - Lower Bridge Subzone
EFUSC - Sisters/Cloverdale Subzone
Flood Plain Combining Zone
EFUTE - Tenebonne Subzone
EFUTRB- Tumalo/Redmondreer d Subzone
F1. Forest Use 1
F2- Forest Use 2
MUM° - Multiple Use Agricultural
058C - Open Space 8 Conservation
RI - Rural Industrial
RC - Rural Commercial
RR10 - Rural Residential
SM - Surface Mining
SM.- Surface Mining URA
UAR. - UMan Area Reserve • 10 Acre Minimum
SR 2.5 - Residential 2.5 Acre Minimum
0.25
Map 1 of 35
0.5
V V
May 2„ 2018
Miles
---� EDMUNDSON RD
ft LJI__�J 1 I_�
1FADJUR:LN
MERAI1D
ALLEY RDs,
Legend
odea
:Unincorporated Community
Flood Plain Overlay Zane
County Zoning
Dieertit AOC -Airfield Operaliona oisbid
ASD • Aviation Support District
ASO. - Aviation Support District Reserve Area
ARID -Aviation Related Industrial Clstrict
ARIUItA-Aviation Related Industrial District Reserve Ar
EFUAL • Allal. Subzone
EFUHR • Horse Ridge Subzone
HULA- La Pine Subzone
EFULB- Lower Bridge Subzone
EFUSC - SisterOOloverdale Subzone
HN1Y 726.
Flood Plain Combining Zone
EFUTE - Tenebonne Subzone
EFUTRB - TumalorReJmondtBend Outman°
Ft - Forest Use t
MUA10- Multiple Use Agricultural
OSSC • Open Space 8 Conservation
j j RI- Rural Industrial
RC- Rural Commercial
RR10 - Rural Residential
SM - Surface Mining
SMURA- Surface Mining URA
ti•Rigit UAR10- Urban Area Reserve 10 Acre Minimum
SR 2.5- Residential 2.5 Acre Minimum
Map2of35
V '✓
0 0.25 0.5
May 2, 2018
Miles
NW-COYNER AVE
NWSPRUCE AVE
Legend
Unincorporated Community
Flood PRin Overlay Zone
County Zoning
AOD -Airfield Operations District
ASO -Aviation Support District
ASDRA-/Motion Support District Reserve Area
ARID-Avation Related Industrial District
ARIDRA-Aviation Related Industrial District Reserve Area
EFUAL -Alfalfa Subzone
EFUHR - Home Ridge Subzone
EFULA- Le Pine Subzone
ERRE/ - Lower Bridge Subzone
EFUSC - Sisters/Cloverdale Sul/zone
Flood Plain Combining Zone
EFUTE - Terrebonne Subzone
MUT.- TumalorRedma,ld/Send Sul/zone
Ft - Ferest Use/
• 22 - Forest Use 2
M.10 - Multiple Use Agdcudural
OSBC - Open Space a Conservation
En RI -Rural Industrial
RC - Rural Commercial
RR1O -Rural Residential
SM - Surface Mining
WU.- Surface Mining URA
UAR10- Urban Area Reserve -10 Acre Minimum
SR 2.5 - Residential 2.5,10 Minimum
Map 3 of 35
V V
0 025 0.5
1.5
May 2,2018
Miles
SWISTAGECOACHyENL-
�� AN O
NE CAN VO
r NW.ICE AVE _S-
NW.SEDGEWICK.AVE-
i
NW:ODEM.AVE
l7l
NW: Y NCH1N
NW.KNICKERBOCKE
li
r. 1
(,AVE
A'AVE-I
NELUPASIAVE
z—
NW QUINCE AVE -
1 L,
Legend
Inde.
....Unincorporated Community
`Food Plain Overlay Zone
County Zoning
AOD A'rfeld OpemUons Dismal
ASD -Aviation Support District
ASDRA-Aviation Support Umlaut Reserve Area
ARID-Avielon Related Indtntnal Distncl
MD. -Aviation RelatM Intlusinal District Reserve
EFUAL-Alfalfa Subzone
EFUHR - Horse Ridge Subzone
UCLA- La Pine Subzone
MUD • Lower Badge Subzone
EFUSC - SistmsfCloverdale Subzone
Flood Plain Combining Zone
SCUTE - Tenebonne Subzone
EFUT. - mmalurRedmondt6end Subzone
Ft - Forest Use
F -Forest Use
MUA10 - Multiple Use Agncultuml
O58C - Open Space & Conservelon
r' % RI-Rurel industrial
RC -Rural Commercial
RR10 - Rural Residential
SM - Surface Mining
SMURA- Surface Mining URA
ITTTrett. UAR10-Urban Area Reserve 10 Acre Minimum
SR 2 5 - Resdeteral & Acre Minimum
Map 4 of 35
0 0.25 0.5
1.5
May 2, 2018
Miles
WHIRL WA,
MERAIL
P.ETERSON.RIDGE.RD
1It
0, E!
.13
PLAINVIEW:RD
TN
VARCO RD
11 �IR. PDE�DR-�^'
Legend
:Unincorporated Community
Flood main Overlay Zone
County Zoning
AOD -Airfield Opemfions District
AS0 -Aviation Support Disincl
ASDRA-Aviation Support District Reserve Area
Flood Plain Combining Zone
EFUTE - lbrrebonne Subzone
EFUTRB - TumalolRedmondlBend Subzone
F1 - Forest Use 1
}; F2 -Forest Use
MUA10 - Multiple Use Agricultural
OSBC - Open Space B Conservation
RI - Rureilnduslrial
ARID -Aviation Related lMustnal District RC-Rurel Commercial
ARIORA- Aviation Related lndustnal Dismal Reserve Area RR10-Rumt Residential
EFUAL-Malta Subzone SM -Surface Mining
EFUHR • Horse Ridge Subzone SMURA- Surface Mining URA
EFULA • La Pine Subzone UAR10-Urban Area Reserve 1 cm Minimum
0A
EFULB- Lower Bndge Subzone SR 2.5- Residential 2.5 Acre Minimum
EFUSC - Sisters/Cloverdale Subzone
Map 5 of 35
V '✓
0 0.25 0.5
1.5
May 2,2018
Miles
I-IWY 126_____.__._..
FARTHING.LN
4TH AVE
177
SERENITY=WAY
I .. Li_�
-KNIGHT.RD
1 J L
RD_
VARGOIRD
•
•
-0 ww j --- m
JOSSHUACT
Legend
Index
....Unincorporated EFUTL- - Terrebonne Subzone
ryorsted Community
Flood Plain Combining Zone
EFUTRB - TumatO,RedmondrBarts Subzone
Flood Plain Overlay Zone Ft - Forest Use 1
County Zoning f cc- Forest Use
AOC/ Airfield Operators District MUAto- Multiple Use Agricultural
ASD- Aviation Support District OSSC•Open Space &Conservation
ASDRA- Aviation Support Distdcl Reserve Area nigRI-Rural lndustdal
ARID -Aviation Related Industrial District RC-Rurel Commercial
ARIORA-Avmtion Related Industrial District Reserve Area RR10- Rural Residential
EFUAL • Alfalfa Subzone SM -Surface Mining
EFUHR- Horse Ridge Subzone SMURA• Surface Mining URA
EFULA I Pine Subzone UAR10-Urban Area Reserve 10 Acre Minimum
EFULB- Loxer Bddge Subzone SR 2.5- Resident a125,re Minimum
EFUSC - Sisters/Cloverdale Subzone
Map 6 of 35
V '✓
0 0.25 0.5
May2, 2018
Miles
OSCIAMER
0
m=NW:ATKINSONco
AVE -
z
Z
—_NW YUCCAAVE
1LER 1v'/
N`r'IBU- I tog
W KACHINA'AVE:
,--NW:SPRUCE AVE
NW rK!NG*
GE LOOP
0
SW OBSIDIAN1AVE.
'n r
O=
0
SW WICKUIUP LN
I'/ F—li
-SWYEW.AVE I�—_..._
SW:ZENITH AVE_
' / COYOTE AVEO
S i'
�rr SW.,HARVESTAVE�
Legend
TT1
n:re y SWLMC.V,EYONVE
Jr 1
SW:OUARRY,AVE
-1 0
Flood Plain Combining Zone
EFUTE - Terrebonne Subzone
y .:Unincorporated Community EFUTRB- TumalolRedmondgiend Subzono
Flood Plain Overlay Zone Ft - Ernest Use 1
County Zoning r F2 - forest Use 2
rI AOD Aidrold Opera ons District MUA10- Multiple Use Agricultural
ASO -Avalon Supped Districtr�99..�a OSBC- Open Space 8 Conservation
ASDRA-Aviation Support District Reserve Arm fgRI- Rural Industrial
ARID -Amnon Related laduslnal District RC- Rural Commerce!
ARIORA-Aviation Related lndualdal District Reserve Area RR10 - Ruml Resitlenliel
EFUAL -Alfalfa Subzone SM - Surface Mining
EFU11R- Horse Ridge Subarea SMURA- Surface Minium URA
EFULA LO R'ne Subzone nLIAM°- UrbanArea Reserve 10 Acre !Ammo
EFUL5- Lower adage Subzone : $R 2.5- ReMerOal 15 Acre Minimum
EFUSC- Setersrclovemale Subzone
Map 7 of 35
V V
0 0.25 0.5
1.5
May 2,2018
Miles
iARR NGTON OP-RO IJ JJ
4TH AVE
-SERENITY NI7.1' WAY
KNIGHT•RD
7
P.LAINY.IEW RD
SNOW.CREEK Cry. y
VTY DIRA
=INNESMPR��rgp..:.
WHITE HORN
__J
V4 CREEK RD
COUCH. MA- RKET RD,- ---
JJl
o -J
Z JULIAS TR L --1O
MOORMAN LN
1----i'--.7
p— - I-WALTON RD
IJ1
DAYTON RD
of
RUDI RD
o_
N
JW BROWN RD
CONNARN:RD;
PINEHURSTJRD
TUMALOfRESERVOIRrRD
Legend
nde.
•
:Unincorporated Community
Flood Plain Overlay ]-one
County zoning
AOD Aubeld 0pe1.10. DlsViq
ASD- AWaton Support Dlatoct
ASURA-Aviation Support District Roserve Area
ARID -Aviation Related Industrial UisVict
Flood Plain Combining Zone
EFUTE - Terrebonne Subzone
EFUTRB- TumalolRedmoM,Bend Subzone
Ft - Forest Use 1
MUAIO - Multiple Use Agricultural
OSdC - Open Space 8 Conservation
til - Aural Industrial
RC- Rural Commercial
ARIDRA-Avialun Related Industrial Distrot Reserve Area RR10- Rural Residential
EFUAL - Allan Subzone 5M -Surface Mining
EFUHR- Horse Ridge Subzone SMURA- Surface Mining URA
ERICA -La Pine Subzone dfdd. UAR10- Urban Area Reserve 10 Acre Minim um
SR, - Residential 2 5Acre ',mimosa
Map 8 of 35
V '✓
5.25 0.5
May 2,2018
1.5
iMiles
1 /
.—SW ELKHORNil:-.:-1 -- � AVE.....
W HARVESTAVE
3 III. w
a /4
SW JAGUARAVEN 1 , 11
G1.III
o►,6amilliF'41-
„),-LOOP
—Z
SW4MOV.EYi V.E
_SW.QUARRY.AVE
SW TOMAHAWKAVE
WHITEROGK•LOOP
— -HARPER-RD
0
r Z
_...-1 S W YOUNGAVE
JW:BROWN RD
C NNARN RD
•DDAY•TON•RD
- I 4
-BIRDSONGLN-
P�
24
- STURGEON RD — ��-
TUM- ALO�RD-Z
� �
LP
GOHAKU RD
.►��l�y
SUNBEAM LN
PENNYILN7m— J
_ ONYAVE:�
If lll]w
— o,tr,3-ROBINAVE
Trp J
VMRP oQ.till
FORT THOMPSONIN..
L_JJ /
Legend
ndex
Unincorporated Community
Flood Plain Overlay Zone
County Zoning
AOD-Airfield Operations Dist.
ASD -Aviation Support District
ASDRA- Aviation Support District Reserve Area
ARID • Aviation Related Industrial elabict
ARIDRA-Aviation Related Industrial Dist. Reserve Area
Er., Alfalfa Subzone
EFUHR Horse Ridge Subzone
F.FULA - La Pine Subzone
55UI.R - Lower Bddgo Subzone
EFUSC - Sisters/Cloverdale Subzone
ERS
4-471, E \\-/I •
Flood Plain Combining Zone
r-
EFUTE - Tenebonne Subzone
EFUTRB- mmalorRedmondfeend Subzone
Ft -Forest Use 1
,. F2 -Forest Use
b1.10 Multiple Use Agricultural
OSSC - Open Space 6 Conservation
taw,ftl-Rurellndustrial
RC -Rural Commercial
RRto-Rami RoMdenlial
SM -Surface Mining
SMURA Surface Mining URA
UAR10- Urban Area Reserve tOAcre Minimum
SR 2.5- Residential 2.5 Acre Minimum
Map 9 of 35
0 0.25 0.5
1.5
May 2, 2018
Miles
SCLAWER
7
¢—S/W.ELKHORN AVE. I-7
mho
�
c
SW MG EY/
eSW;QUARR AVE -
'1
IP
—'I
SE.SUNNY
J
Legend
:Unincorporated Community
Flood Plain Overlay Zone
County Zoning
000 A-rra1d Operations Dismcl
ASD -Avalon RUPporl Dismcl
ASDRA-ANelron Suppod District Reserve Area
Flood Plain Combining Zone
EFUTE - Terrobonne spbzone
EFUIRR - Tumale/Redmend/9000 Sub0ono
Ft - Forest Use 1
,....:. 02 - Forest Use 2
MUA10 - Multiple Use Agricultural
OS8C - Open Space B Conservation
MR RI - Rural lndust.1
ARID -Aviation Related Industrial Dist.1 RC • Rural Commerc51
ARIDRA-Aviation Related Industrial District Reserve Area M BRIO-Ruml00012011001
EFUAL -Alla. Subzone SM - Surface Mining
EFUHR- Horse Ridge Subzone SMURA- Surface Mining URA
EFULA Ie Pine Subzone UAW -Urban Area Res0rve 10 Acre Miomum
EFUL9 l over Bridge Subzone SF, - Residential 25 Acre Minimum
EFUSC • Sisters/Cloverdale Subzorle
Map 10 of 35
V /
0 0.25 0.5
1.5
May 2,2018
Miles
ITSCLAIMER
PS.,.6
TUMALO: PARK.RD_.-
Legend
IMex
\� Unincorporaled Community
• Flood Plain Overlay Zane
County Zoning
AOD-Airtiod Operatons Distr.
ASD -Aragon Support District
ASD. -Aviation Support District Reserve Area
ARID -Aviation Related Industrial District
ARIDRA • Aviation Related Industrial Dismot Reserve Area
EFUAL- Alfalfa Subzone
EFUHR Horse Ridge Subzone
ITU, -La Pine Subzone
EFULS- Lower Rritlge SUDxorre
E W SC - Sisters/Cloverdale SUDzmre
Flood Plain Combining Zone
EFUTE - Tenebonne Subzone
EFUTRR - Tunialo/RedmontlfRend Subsone
FI -forest Use
F2- Forast Use 2
MUA10 Multiple Use Agricultural
OSSC - Open Space 8 Conservation
I s3`J RI - Rural.dustriet
RC - Rural Commercial
RR10 -Rural Residential
SM - Surto. Mining
SMD.- Surface Mining U.
UR10-.bran Area Reserve IOAcrc Minimum
SR 2.5- Residential 2.5 Acre Minimum
Map 11 of 35
V V
0 0.25 0.5
1.5
May2,2018
Miles
-.-FINDLPJ
It
Legend
ndo.
tip Unincorporated Community
Flood Plain Overlay Zone
County Zoning
AOD Airfield Operafions District
ASO-ANation Support OM.
ASC. • Aviation Support District Reserve Area
ARID •Aviation Related Industrial Dismal
ARIDRA-Aviation Related Industrial Distant Reserve Area
EFUAL- Alfalfa Subzone
EFUHR - Horse Ridge Subzone
EFULA- La Pine Subione
r"-.. EFULB• Lower Bridge Subzone
EFUSC - SisteasfCloverdele Subzone
Flood Plain Combining Zone
EFUTE • Tenebonne Subzone
EFUTRB- TumaioAtedmondfnend Subzone
F1 - Forest Use 1
F2 - Forest Use 2
MUAto - Multiple Use Agricultural
0.0 - Open Space 8 Conservatem
L^"`"'1 RI -
Rumllntlustrial
RC - Rural Commercial
IkR10 - Rural Residential
SM - Surface Mining
SMURA- Surface Mining URA
Kis OARto- Urban Area Reserve 10 Acre Minimum
SR 2 5- Residential 25 Acre Minimum
Map 12 of 35
V V
0 0.25 0.5
1.5
May 2, 2018
Miles
Alfalfa
LiHWILLAR0,1301=
_
Legend
y. -Unincorporated Community
Food Plain Overlay zone
County Zoning
„„ ,r, POD -Airfield Operations District
ASD - ANetion Support District
ASDRA-,tenon Support District Reserve Moe
ARID -Avation Related Industrial District
ARIDRA- Aviation Related Industrial District Reserve Area
EFUAL-Alfalfa Subzone
EFUHR- Horse Ridge Subzone
ECU, • Le Pine Subzone
MILS - Lower Bridge Subzene
EFUSC - SislerslClaveldele Subzone
Flood Plain Combining Zone
EROS - Tenebonne Subzone
EF CTRB- TurnalofRedmondMerd Subzone
F1- Forest Use 1
MUA10 - Multiple Use Agncutture
OSBC - Open Space 8 Conservation
Eg RI -Rural Indrrstrul
RC - Rural Commercial
NM R1210 -Rural Residential
SM - Surface Mining
SMURA- Surface Mining URA
UAR10 - Urban Area Reserve -10 Acre Minimum
SR2.5- ResklentO115 Acre Minimum
Map 13 of 35
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0 0.25 0.5
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May 2,2018
Miles
Legend
index
:Unincorporated Community
Flood plain Overlay Zone
County zoning
Re AOD Airfield Opcvallons Distad
ASD -ASePon Support District
ASDRA-Aviation Support District Reserve AI.
ARID -Aviation Related Industrial District
ARIORA- Aviation Related industrial District Reserve Area
EFUAL- Alfalfa Subzone
EFUHR- Horse fudge Subz&&
EFULA La Pine Subzone
EFULR Lower Badge Subzone
EFUSC - SisterSCloverdale Subzone
Flood Plain Combining Zone
EEUTE - Terrebonne Subzone
EEUTRe - Tumal WRedmoMlRend Subzone
p1 -Forest Use 1
F2 Forest Use
DA10 - Multiple Use Agricultural
058C - Open Space 8 Conservatan
Jla` RI- Rural mu..
RC - Karel Commercal
RRIO - Rural Residential
SM - Surface Mining
SMURA-Surface Mining URA
ti LIAR. - Urban Area Reserve 10
Acre Minimum
SR 2 5- ResRenl al 2 v Acre Minimum
Map 14 of 35
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May 2, 2018
Miles
DODDS:RD
Legend
nde.
Unincorporated Community
Flood Plain Overlay Zone
County zoning
AOD Airfield Openalions Dishier
ASD -Aviation Support District
ASO. -Aviation Support District Reserve Area
ARID -Aviation Related IMustnal Minot
ARID.-Avation Related Industrial District Reserve Area
EFUAL- Alfalfa Subzone
EFUHR - Horse Ridge Subzone
EFULA La Pine Subzone
EFULB (oxer Bntlge Subzone
EFUSC - Sisrers/Cmvemare Subzone
11
Flood Plain Combining Zone
ERRE - Tenebonne Subzone
EFUTRB - Tumalo/RetlmOnd/Berd Subzone
Ft - Forest Use 1
F -Forest Use
MUA10 - Multiple Use Agricultural
OSBC - Open Spa. 6 Conservation
K�,* .=n RI - Rural Industrial
RC- Rotel Commercial
RR10 - Rural Residential
M - Surface Mining
SMURA- Surface Mining UM
?. UAR10-Urban Area Reserve 10 Acre Allorn m
SR 2.5• Residential 2.6 Acre Minimum
Map 15 of 35
V V
0 0.25 0.5
1.5
May2,2018
Miles
Legend
Inde.
•
:Unincorporated Community
Flood Plein Overlay zone
County Zoning
POD • Airfield Operations District
ASD-Anabon Support District
ASDRA-Aviation Support DM!, Reserve Arca
ARID - Avmlion Rola. Industrial D¢Iricl
ARID. -Aviation Related Industrial District Reserve Area
EFUAL- Allege Subzone
EFUHR - Horse Ridge Subzone
HULA- Le Pine Subzone
MOP - Lower amigo Subzone
EFUSC - Sisters/Cloverdale Subzone
Flood Plain Combining Zone
EFUEE - Tenebonne Subzone
EFUTRD - Tomato/Redmond/Bend Subzone
Ft - Forest Use t
F Forest Use
MUA10 Multiple Use Agricultural
OS&C • Open Space d Conservation
NtyRI - Rural Induslnal
RC- Rural Commercial
0R10 -Rural Residential
SM - Surface Mining
SMUM- Surface Mining URA
UAR10- Urban Area Reserve 10Acre Minimum
SR 2 5 - Residential 2 5 Acre !Arnim.
0
0.25
Map 16 of 35
0.5
V V
1.5
May 2,2018
Miles
T.19
R.14
rir
4
MOM
FORD RD
w
U:
Legend
Flood Plain Overlay Zone
County Zoning
A012 Airfeld Operations Dhtrid
ASD -A V... Support Malt.
ASDRA-Aviation Support District Reserve Area
ARID -Aviation Related Industrial DisOict
Flood Plain Combining Zone
EFUTE- Tenebonne Subzone
EFUTRB - TumalotRedmondIBe d Subzone
F1 -Forest Use 1
2. Forest Use 2
',UAW - Multiple Use Agdcullural
SSC - Open Space 8 Conservation
ria RI - fturel Industrial
RC - Rural Commercial
ARIDRA- Amnon Related lndustdal DisloIReserve Area R010 - Rural Residential
EFUAL- Altana Babson SM - Surface Mining
EFUHR- Horse Ridge Subzon0 SARA- Surface Mining URA
EFULA • La Pme Subzone -UAR10- urban Area Reserve 10 Acre Minimum
... EFULB- Lower Bridge Subzone SR 2.5- Reselental 2.5 Acre Mrimum
EFUSC. Sisters/Cloverdale Subzone
Map 17 of 35
0 0.25 0.5
May2,2018
Miles
Legend
Windex
i :Unincorporated Community
Flood Plain Overlay Zone
County Zoning
�Az3 AOD Airfield Operations District
ASD -Aviation Support District
ASURA-Anaton Support District Reserve Area
ARID -Aviation Related Industrial District
ARIORA-Avmlion ReRted Industrial District Reserve Area
EFUAL -Alfalfa Subzone
EFUHR - Horse Ridge Subzone
EFULA LaPineSubzone
EFUL6 Lower Bridge Subzone
EFUSC - Sisters/Cloverdale Subzone
Flood Plain Combining Zone
EFUTE - lenebonne Subzone
EFUTRB - Tumalo/Redmond/Bend Subzone
Ft - Forest Use 1
F -Forest Use
MUA 10 • Multiple Use Anncul.
OSBC • Open Space & Conservation
LES RI- Rurallndustral
RC • Rural Commercial
RR10- Rural Residential
SM, Surlace Mining
SMURA- Surface Mining URIC
UAR10-Urban Area Reserve 1 cre Minimum
SR 2.5• Residential 2.5 Acre Minimum
Map 18 of 35
V V
0 0.25 0.5
1.5
May 2,2018
Miles
Mxt
Legend
Index EFUTE - Terrebonne Subzone
...Unincorporated Community [FUmm
TRR- Tnalcatedadl9end Sulmone
• Flood Plain Overlay Zane 51 - Forest Use 1
County Zoning 1 1: 1-2 - Forest Use 2
A00 Airfield Operalions District MUA10 Multiple Use Agricultural
ASD- Aviation Support District OSBC- Open Space B Conservation
ASORA- Aviation Support District Reserve Area ra 51 -Rural Industrial
ARID -.align Related Industrial District RC • Rural Commercial
ARIDRA-Aviation Related Indus., Dismal Reserve Area 5510 - Ruml Residential
EFUAL -Anotia Subzone SM - Surface Mining
EFUFIR- Horse Ridge Subzone SMURA- Surface Mining URA
EMMA- La Pine Subzone .� UARta - UMen Area Reserve -10 Acre Minimum
EFULO- Lower Unidge Subzone SR 2.5- Residential 25 Acre Minimum
EFUSC - SisterslClowndele Subzone
Flood Plain Combining Zone
Map 19 of 35
V V
0 0.25 0.5
1.5
May 2, 2018
Miles
SCLNWER
Legend
Windex
:Unincorporated Community
Flood Plain Overlay Zone
County Zoning
„. POD Airfield Operations District
ASD -Aviation Support District
ASO. • Aviation Support Oulu t Reserve Area
ARID -Aviation Related IMustnal Drs..
ARIORA- Aviation Related Industrial District Reserve Area
EFUAL -Alfalfa Subzone
EFUHR - horse Ridge Subzone
EFULA- La Pine Subzone
EFULR- Lower endue Sub.. .. .
FFUSC - Sisters/Cloverdale Subzone
Flood Plain Combining Zone
MPS - Tenebenne Subaone
EFUTRR - TumalolRedmondtdend Subzone
Ft - Forest Use 1
F2 Forest Use2
MVA Multiple Use Agricultural
OS&C -Open Space & Conservation
RI - Rural Indus.,
RC - Rural Commercial
BRIO- Rural Residential
SM - Surface Mining
SMURA -Surface Mining UM
UAR10 Urban Area Reserve 10 Acre Minimum
SR) 5 - Residential 2.5 Acre Minimum
Map 20 of 35
V V
0 0.25 0.5
1.5
May 2, 2018
Miles
DiSCLNIVER
Legend
Ince.
ti
:Unincorporated CommurM
Flood Plain Overlay Zone
County Zoning
.. .. p,:.: AOIT• Airfield Operations District
ASD -Aeration Support Duract
ASO. -Ablation Support District Reserve Area
ARID -Aviation Related Idusldal District
ARID. -Aviation ReHted Industrial District Reserve Area
EFUAL-Alfalfa Subzone
EEUHR- Horse Ridge Subzone
EFULA - Le Pine Subzone
EFULR - Lower Bridge Subzone
EFUSC - SisterslCloverdele Subzone
Flood Plain Combining Zone
EFUTE - TCneban. Subzone
EFUTRB- TumalWRedmondlBerd Subzone
Ft - Forest Use 1
F2 - Foreat Use
MUA10 Multiple Use Agncuhurel
OSSC -Open Space 8 Conservalen
0.I -Rural Industrial
RC - Rural Commemal
RR10 - Rural Residential
SM - Surface Mining
SMURA-Surface Mining URA
`; UAR10 - Urban Area Reserve -10 Acre Minimum
SR 25- Residential 2.5 Acre M n mum
Map 21 of 35
V V
0 0.25 0.5
1.5
May 2,2018
Miles
DESCLAMER
Legend
y. :Unincorporated Community
Flood Plain Overlay Zeno
County Zoning
1 j AOC Aid'old Operations District
ASD - Auction Support District
Flood Plain Combining Zone
EEUTE - Tertebonne Subzone
EFUTR8- Tumalo/Rea, O,dB nd Subzone
F1 - Forest Use 1
F2 -Forest Use
MUE, 10 - Multiple Use/Wenner.
O580- Open Space B Conservation
ASORA-Adation Support Distract Reserve Area FICEI RI-Ruml0000aI
ARID- Avestan Related Industrial DM RC - Rural Commercal
ARIURA-Avation Relates I,dustrial°Mitt Reserve Area M RR10-Rural Residential
EFUAL- Alfalfa Subzone
EFUHR - Horse Ridge Subzone
EFULA- La Pine Subzone
MILLI - Lower Dritlge Subzone
EFUSC - Sieters/Cloverdale Subzone
SM • Surface Mining
SMURA- Sudeco Mining URA
UAR10-Urban Area Reserve • 10 Acre Minimum
SR 2.5 - Residential 2 5 Acre Minimum
Map 22 of 35
0.25 0.5
7.5
May 2,2018
Miles
Legend
Reeler
...Unincorporated Community
`Flood Plain Overlay Zone
County Zoning
AHD -Airfield OpemUons Heide
ASD -Aviation Support District
ASDRA-ANation Support District Reserve Area
ARID-Aviathn Related Industrial District
ARID. -Aviation Rehted Industrial Dislr'wl Reserve Area
EFUAL-Attalla Subzone
EFUHR- Horse Ridge Subzone
HULA La Pine Subzone
HU. - Lower Bridge Subzone
EFUSC - Sisters/Cloverdale Subzone
Flood Plain Combining Zone
EFUTE - Temebonne Subzone
EFUTRB Tunteloniedmoneggend Subzone
F1- Forest Use t
,,. F2 -Forest Use
MUA10 - Multiple Use Agdcuhunal
OSHC - Open Space 8 Conservation
PM RI- Rural Industrial
RC - Rural Commercial
PR -10 - Rural Residential
SM - Surface Mining
SWIRL, Surface Mining UM
UAR10-Urban Arca Reserve 10 Acre Minimum
SR 2.5 - Resident el 2.5 Acre M n:mum
Map 23 of 35
0 0.25 0.5
1.5
May 2, 2018
Miles
DiSCUMER
w
0
U
MERRILL-RD--
T.20 R.18
Legend
nde.
, Unireorporated Community
Flood Plain Overlay zone
County Zoning
AOC -Ai? Id Operations Doti.
ASD -Aviation Support District
ASDRA-Aviation Summit District Reserve Arca
ARID - Avation Related Industrial District
ARID.-Avalion Related Industrial District Reserve Area
EFUAL-Alfalfa Subzone
EFUHR- Horse Ridge Subzone
EMMA La Pine Subzone
EMITS - Lower Rddge Subzone
EFUSC - Sisters/Cloverdale Subzone
Flood Plain Combining Zone
EFUTE - Tenet./me Subzone
EFUTRB - mmam/Redmond/Send Subzone
Ft - Forest Use 1
.....'i" F2. Forest Use 2
MUA10 - Multiple Use Agricultural
OSSC - Opon Space S Conservatan
LL1b�:U RI - Rural Industrial
RC - Rural Commercial
RR10 - Rural Residential
SM - Surface Mining
SMURA- Surface Mining URA
UAR10- Urban Area Reserve 10 Acro Minimum
SR) 5 - Residential 2.5 Acre I.1 omum
Map 24 of 35
V V
0.25 0.5
1.5
May 2, 2018
Miles
Legend
Flood Plain Combining Zone
Intlex EFUTE - Terrebonne Subzone
•
�Unincorporated Community EFUTRB .Tumab/Redmond/Bentl Subzone
Flood Pain Overlay Zone Ft - Forest Use t
County Zoning F2 - Forest Use 2
PODAd. Operations DlslnIX SWAMI- Mu:tiplo Use Agricultural
ASO- Aviation Support District OSBC- Open Space B Conservation
ASO. -AHatmn Support District Reserve Area RI - Rural Induetral
ARID -Aviation Related Mal Oistrkt RC- Rural Commercial
ARIORA-Avation Related Mdusbial District Reserve Area M. RRIO - Rural Residential
EFUAL -Alfalfa Subzone SM - Surface Mining
MAAR-Horse Ridge Subzone SM.- Surface Mining URA
EFULA - La Pine Subzone 3UAR10-UNanArea Reserve 10 Acre Minimum
E.FUI.B- Lover Bridge Subzone ': SR 25- Residential 2.5 Acre Minimum
EFUSC-Sisters/Cloverdale Subzone
Map 25 of 35
V l
0.25 0.5
15
May2, 2018
Miles
0
ori /1J r y
w
p:$
,tliE.t i
O \iAZEILENLN__.%
,9LA O
2
EG1P`E1N LN Cityof
t_=La,Pine
Legend
mdo,
ti ...Unincorporated Community
Flood Plain Overlay zone
County zoning
ROD -Airfield Operators District
Flood Plain Combining Zone
EFUTE - Tenebonne Subzone
EFUTRB - TnmalOIRedmondiBend Subrone
Ft - ForestUseI
F2 - Forest Use 2
MUA10 - Multiple Use Agricultural
ASO -Aviation Support District OSSC- Open Space B Conservation
ASORA- Aviation Support District Reserve Area INN RI - Rural Industrial
ARID -Aviation Related Industrial District RC - Rural Commercial
ARIDRA- Aviation Related IndusOnal District Reserve Area MI RR1O- Rural Residential
MAL - Alfalfa Sulmone SM - Surface Mining
EFUHR - Horse Ridge Subzone SMURA- Surface Mining URA
EFULA - La Pine Subzone: UAI210- Urban Area Reserve -10 Acre Minimum
EFULB- tower Bridge Subzone •- SR 2.5- Residential 2.5 Acre Minimum
EFUSC - Sisters/Cloverdale Subrorte
Map 26 of 35
V '✓
0 0.25 0.5
1.5
May 2,2018
Miles
Legend
ti :Unincorporated Community
bod Plain Overlay zone
County Zoning
AOC Aldieltl Opel inns UMW
ASD -Aviation Support District
ASURA- Aviation Support District Reserve Area
ARID -Aviation Finial. Industrial District
ARIDRA -Aviation Related Industrial District Reserve Ame
EFUAL- Alfalfa Submne
EFUHR - Horse Ridge Subzone
EFULA- La Pine Silicone
EFULe - Lower !Midge subzone
EFUSC - Sisters/Cloverdale Subzone
Flood Plain Combining Zone
EFUTE - Tenebonne Subzone
EFUTRR - TumalolRedmorMNend Subeone
Ft - Forest Use t
F -Forest Use
MUA10 • Multiple Use Agdcuhural
OSSC -Open Space & Conservation
a RI- Rural Industrial
RC - Rural Commercial
RR10 - Rural Residential
- Surface Mining
SMURA- Surface Mining URA
CARR] - Urban Area Reserve 10 Acre Minimum
SR 2.5- Residential 2.5 Acre Minimum
Map 27 of 35
V V
0 0.25 0.5
May 2,2018
Miles
Q9
F
FS
T.21 R.16
Legend
ndez
....,Unincorporated Community
•2food Plain Overlay Zone
County Zoning
AOC -Airfield Operations o..ot
ASD - Amation Support District
ASO. - Aviation Support District Reserve Area
ARID-Avation Rclated Industrial District
ARIORA -Aviation Related Indunnal District Reserve Area
EFUAL • Alfalfa Subzone
EFUHR - Horse Ridge Subzone
2211, La Pine Subzone
EFULB - Lower Bridge Subzone
EFUSC - Sisters1Cloverdale Subzone
Flood Plain Combining Zone
EFUTE - Tenebonne Subzone
EFUTRO - TumalorRednrondlBend Subzone
21 - Forest Use 1
F2 -Forest Use
MUA10 - Multiple Use Agricultural
OSSC - Open Space S Conservation
n1,4ftl-Rural industrial
RC - Rural Commercial
RR1O- Rural Residential
SM - Surface Mining
SMURA- Surface Mining URA
UARI O - Urban Area Reserve - to Acre Minimum
SR 2.5 • Residential 2.5 Acre Minimum
Map 28 of 35
�1 V
0 0.25 0.5
1.5
May 2, 2018
Miles
Legend
Rind.
Unincorporated Community
Flood Plein Overlay zone
County Zoning
AOD Arfeld Oporabons Drs..
ASD -Aviation Support District
ASURA- Aviation support Dislnct Rosen. Area
ARID -Aviation Related Industnnl District
ARID. -Aviation Rotated Industrial Distract Reserve Area
EFUAL- Alfalfa Subzone
EFUHR- Horse Ridge Subzone
EFULA La Erne Subzone
.......;!: EFULo • Lower moo Subzone
EFUSC - Sisters/Cloverdale Subzone
Flood Plain Combining Zone
EFUTE - Tenebenne Subzone
EFUTR& • TumalolRedmoM/Bend Subzone
F1- Forest Use 1
F2 -Forest Use
&SUMO - Multiple Use Agricultural
OS&C - Open Space & Conservation
Ea RI- Rurallnduslfiel
RC - Rural Commercial
0010 -Rural Residential
M - Surface Mining
SMU. • Surface Mining U.
UARto- Urban Area Reserve 10 Acro Minimum
SR 2.5 - Residential 2 5 Acre Mnnroum
Map 29 of 35
V V
0 0.25 0.5
1.5
•
May2, 2018
Miles
T.21 R.18
Legend
y .
:Unincorporated Community
Flood Plain Overlay Zone
County Zoning
A00 Airfield Operation District
ASD -Aviation Support District
AKIRA-Amabon Support District Reserve Area
Flood Plain Combining Zone
EFUTE - Terrebonne Subzone
EFUTRB - TumelotRedmond/Bend Subzone
Ft -Forest Use 1
F2 -Forest Use
MUM, Multiple Use Agricultural
0580 -Open Space 8 Conservation
TT, RI- RuralIndustnal
ARID-Aviatron Related Industnal Dabkt RC - Rural Commercial
ARIDRA -Aviation Related Indust. Distnct Reserve Area M BRIO- Rural Residential
EFUAL -Alfalfa Subzone SM - Surface Mining
EFUHR- Horse Ridge Subzone SMURA • Surface Mining URA
E.FULA-La Pine Subzone. UAR10- Urban Area Reserve 1Acre Minimum
EFULB-1. ower Bridge Subzone SR25- Residential 2.SAcre Minimum
EFUSC - Sisters/Cloverdale Subzorm
Map 30 of 35
V '✓
0 0.25 0.5
1.5
May 2,2018
Miles
Legend
Wes
. `.ncoryoreletl Community
Flood Plain Overlay Zone
County Zoning
000 Airfeid Operioons Dowel
ASD - Amato. Support Distnet
ASO. -Amalion Support Olsluct Reserve Area
ARID -Aviation Related Industrial District
ARIDRA- Aviation Related Industrial District Reserve Area
EFUAL- Arlene Subzone
EFUHR- Horse Ridge Subzone
EFL),- I.a Pine Subzone
EFULR - Lower Bridge Subzone
EPUSC - Sisters/Cloverdale Subzone
Flood Plain Combining Zone
EFUTE - Tenebonne Subzone
EFUTRD - lumalorRedmoMlRend Subzone
Ft -Forest Use t
,.. F2 Forest Use
MUA10 - Multiple Use Agncugural
OSSC - Open Space S Conservation
y5 RI - Rural Industrial
RC - Rural Commercial
RRlO - Rural Residential
SM - Surface Mining
SMURA- Surface Mining URA
UAR10- Urban Area Reserve - 10 Acre Mfnimu
SR 2.5- Residential 25 Acre Minanum
0.25
Map 31 of 35
0.5
V ✓
May 2,2018
Miles
Whistle
Stop JACOBSEN
BURGESS
Legend
glades
y._Umne0morated Community
flood plain Overlay zone
County Zoning
, I AOD -Airfield Operations DOtriO
ASD -Aviation Support District
ASO. • Aviation Support District Reserve Area
ARID -Aviation Related Industrial District
ARIDRA- Aviation Related Industrial District Reserve Ar
EFUAL -Alfalfa Subzone
EFUHR- Horse Ridge Subzone
EFULA La Pine Subzone
EFULD - Lower Bdtlge Subzone
EFUSC- Sisters/Cloverdale Subzone
Flood Plain Combining Zone
ERRE - Tenebonne Subzone
EFUTRB- Tumato/Redmond/Bend Subzone
E1- Forest use t
MUA10- Multiple Use Agricultural
OSBC -Open Space & Conservation
L` RI - Rural Indust.
RC- Rural Commercial
RR1O - Rural Residential
SM - Surlace Mining
SMURA-Sultan Mining URA
UARIO - Urban Area Reserve - 10 Acne Minimum
SR 2.5 - Residential 3 SAcre Minimum
Map 32 of 35
0 0.25 0.5
May 2,2018
1.5
Miles
ANGUS LN
ANGUS CT
—HAVE-
-G AVE—
Terrebonne
NE WILCOX AVE --
CENTRALAVE
AVE ..:''''JSMITH'ROCK WAY
NW SEDGEWICKAVE
NE SMITKROCK WAY
Legend
:::Unincorporated Community
Flood Plain Overlay Zone
Terrebonne Zoning
TEC - Commercial
TER- Residential
TER5 - Residential 5 Ac. Minimum
TECR - Commercial / Residential
Flood Plain Combining Zone
Map 33 of 35
0 250 500
1.000
May 2, 2018
1,500
Feet
WINSTON LOOP-
Legend
OOP
�w_FIIRR.LLN '
T Q�
ELM:LN
Legend
;::•Unincorporated Community
Flood Plain Overlay Zone
Tumalo Zoning
TUC - Commercial
TUR - Residential
TUR5 - Residential 5 Acre Minimum
TURE - Research & Development
TUI - Industrial
Flood Plain Combining Zone
Map 34 of 35
� V
0 300 800
1,200 1,800
Feet
May 2, 2018
0
Z
a
•
I
Gig
*rep 40111
%id v444 4.74
77
.;-^ 11J KAP p`66p2 qzn
��4tiIri"'#4
tolt•
UMW
1 �i lir 461 & � L,,S ►I
NOS 4 ��O
•"•.. Sunnver�
�� o i a `
Rp\
S CENTURY DR
SP ��ER-RD
AZUSARO
E�P�NE:pR
hYrC\Y f -IH
Legend
y.Unincorporated Gommunily
Flood Plain Overlay Zone
Sunriver Zoning
SUA - Sunriver Airport
SUC - Sunriver Business Park
m SUC - Sunriver Commercial
SUGG - Sunriver Community General
SUCL - Sunriver Community Limited
SUCN - Sunriver Community Neighborhood
SUCK - Sunriver Community Recreation
SUF - Sunriver Forest
SURM - Sunriver Multiple Family Residential
;+-- SUR - Sunriver Resort
SURE -Sunriver Resort Equestrian
SURG - Sunriver Resort Golf Course
SURA - Sunriver Resort Manna
SURN - Sunriver Resort Nature Center
SURS -Sunriver Single Family Residential
SUU - Sunriver Utility
Flood Plain Combining Zone
Map 35 of 35
0 550 1,100
2,200
3,300
May 2,2018
Feet
Chapter 23.01 COMPREHENSIVE PLAN
23.01.010. Introduction.
A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011-003
and found on the Deschutes County Community Development Department website, is incorporated
by reference herein.
B. The Deschutes County Comprehensive Plan
2011-027, are incorporated by reference herein.
C. The Deschutes County Comprehensive Plan
2012-005, are incorporated by reference herein.
D. The Deschutes County Comprehensive Plan
2012-012, are incorporated by reference herein.
E. The Deschutes County Comprehensive Plan
2012-016, are incorporated by reference herein.
F. The Deschutes County Comprehensive Plan
2013-002, are incorporated by reference herein.
G. The Deschutes County Comprehensive Plan
2013-009, are incorporated by reference herein.
H. The Deschutes County Comprehensive Plan
2013-012, are incorporated by reference herein.
I. The Deschutes County Comprehensive Plan
2013-007, are incorporated by reference herein.
J. The Deschutes County Comprehensive Plan
2014-005, are incorporated by reference herein.
K. The Deschutes County Comprehensive Plan
2014-006, are incorporated by reference herein.
L. The Deschutes County Comprehensive Plan
2014-012, are incorporated by reference herein.
M. The Deschutes County Comprehensive Plan
2014-021, are incorporated by reference herein.
N. The Deschutes County Comprehensive Plan
2014-027, are incorporated by reference herein.
O. The Deschutes County Comprehensive Plan
2015-021, are incorporated by reference herein.
P. The Deschutes County Comprehensive Plan
2015-029, are incorporated by reference herein.
Q. The Deschutes County Comprehensive Plan
2015-018, are incorporated by reference herein.
R. The Deschutes County Comprehensive Plan
2015-010, are incorporated by reference herein.
S. The Deschutes County Comprehensive Plan
2016-001, are incorporated by reference herein.
T. The Deschutes County Comprehensive Plan
2016-022, are incorporated by reference herein.
U. The Deschutes County Comprehensive Plan
2016-005, are incorporated by reference herein.
V. The Deschutes County Comprehensive Plan
2016-027, are incorporated by reference herein.
Page 1 of 2 EXHIBIT "B" TO ORDINANCE 2018-005
amendments, adopted by the Board in Ordinance
amendments, adopted by the Board in Ordinance
amendments, adopted by the Board in Ordinance
amendments, adopted by the Board in Ordinance
amendments, adopted by the Board in Ordinance
amendments, adopted by the Board in Ordinance
amendments, adopted by the Board in Ordinance
amendments, adopted by the Board in Ordinance
amendments, adopted by the Board in Ordinance
amendments, adopted by the Board in Ordinance
amendments, adopted by the Board in Ordinance
amendments, adopted by the Board in Ordinance
amendments, adopted by the Board in Ordinance
amendments, adopted by the Board in Ordinance
amendments, adopted by the Board in Ordinance
amendments, adopted by the Board in Ordinance
amendments, adopted by the Board in Ordinance
amendments, adopted by the Board in Ordinance
amendments, adopted by the Board in Ordinance
amendments, adopted by the Board in Ordinance
amendments, adopted by the Board in Ordinance
W. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-029, are incorporated by reference herein.
X. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2017-007, are incorporated by reference herein.
Y. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-002, are incorporated by reference herein.
Z. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-005, are incorporated by reference herein.
(Ord. 2018-005_§2,2018., Ord. 2018-002 §1, 2018; Ord. 2017-007 §1, 2017; Ord. 2016-029 §1, 2016;
Ord. 2016-027 §1, 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 "B" TO ORDINANCE 2018-005
Sect-ov 2.5 Water Resou.YGe5
Riparian Areas
Riparian areas are areas adjacent to rivers, streams, lakes or ponds where there is vegetation
that requires free or unbound water or conditions that are more moist than normal. Riparian
areas form an interconnected system within a watershed. At the water's edge they define the
transition zone between aquatic and terrestrial systems. Riparian areas often contain a diversity
of vegetation not found in upland areas. Riparian areas are limited in Deschutes County and are
important habitats for both fish and wildlife.
The Deschutes County Comprehensive Plan, adopted in 1979 and revised, mapped riparian
areas along the following rivers and streams.
Table 2.5.5 - Riparian Acreage in Deschutes County
Streams
Riparian Acres
Deschutes River
1,440
Little Deschutes River
2,920
Paulina Creek
846
Indian Ford Creek
573
Tumalo Creek
50
Whychus Creek
47
Fall River
43
Crooked River
38
TOTAL
5,966
Source: Deschutes County/City of Bend River Study 1986
Significant riparian habitat is located in one or more of the following three areas:
• The area within 100 feet of the ordinary high water mark of an inventoried river or
stream. The 100 foot wide area may contain both riparian vegetation and upland
vegetation.
• Wetlands and flood plain are also frequently within 100 feet of a stream or river. In some
cases the riparian vegetation may extend beyond 100 feet from the ordinary high water
mark if it is a designated wetland or flood plain.
• The area adjacent to an inventoried river or stream and located within a flood plain
mapped by the Federal Emergency Management Agency and included in azoncd Flood Plain
Combining 7ininr Zoneby the County. The flood plain may extend beyond 100 feet from the
ordinary high water mark of the stream and may contain wetland.
The County has not conducted an inventory of riparian areas adjacent to lakes and ponds on
private land. However, many of these areas are included in National Wetland Inventory Maps
and are subject to County, State and/or Federal wetland fill and removal regulations. Riparian
areas adjacent to the many lakes on federal lands are managed and protected under federal land
and resource management plans and are not included in the County inventory.
Floodplains
DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011
CHAPTER 2 RESOURCE MANAGEMENT REFERENCES
EXHIBIT "C" TO ORDINANCE 2018-005
Federal Emergency Management Agency Maps
The Federal Emergency Management Agency (FEMA) maps flood -plains adjacent to the
following rivers and streams in Deschutes County. The floodplain along these rivers and
streams is recognized in a Flood PlainCombining Zzone by the County.
Table 2.5.6 - Floodplains Adjacent to Rivers and Streams
• Deschutes River
• Little Deschutes River
• Whychus Creek
• Crooked River
•
•
•
•
Long Prairie
Dry River
Spring River
Indian Ford Creek
• Paulina Creek
Source: Deschutes County GIS
Floodplains are defined as the lowland and relatively flat areas adjoining inland waters including
at a minimum, that area subject to a one percent (100 -year recurrence) or greater chance of
flooding in any one year. Generally, river flooding along the Deschutes River has not historically
been a serious problem in Deschutes County. This is due to the porous nature of the local
geology, irrigation diversion canals and reservoir retention. Studies completed by the U.S. Army
Corp of Engineers have resulted in designating a 100 year flood -plain for the Little Deschutes
River and Whychus Creek. Regular flooding events have occurred near the headwaters of
Tumalo Creek and in the Tumalo community. Along Whychus Creek, the city of Sisters
frequently experiences flooding, with the most significant event occurring in 1964 (see also
Section 3.5).
In 2018, Deschutes County amended its Flood Plain Zone to change it to a Combining Zone.
The purpose of the Combining Zone is to continue p _omc. tin publichealth, safety, and general
welfar anc,_ minimize losses due to flood conditiosin specific areas. is. It is designed to:
(I) Protect human life and health;
(2) Minimize expenditure of public money and costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
(6) Help maintain a stable tax base by providing for the sound use and development of areas
of special flood hazard so as to minimize future flood blight areas;
(7) Ensure that potential buyers are notified that property is in an area of special flood
hazard; and,
(8) Ensure that those who occupy the areas of special flood hazard assume responsibility for
their actions.
The Combining Zone also provides secondary benefits inclu,clin.ripariar area conservation
along rivers and streams for fish and wildlife and preservation of significant scenic and natural
resourcesComprehensive_plan p_ulicicsfor Water Resources (Section 2_.5),Wildlife Resources
(Scctian264_Open Space. and Scenic Views and Sites Resources_(Se tcnn27),,,andthe
corresponding development standards Title 1 i implement protectrpia_s pertaining to Goal 5.
DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011
CHAPTER 2 RESOURCE MANAGEMENT REFERENCES
EXHIBIT "C" TO ORDINANCE 2018-005
Land Use Designations and Inventory
Deschutes County Comprehensive Plan designations identify general land uses for Tumalo and
provide the legal framework for establishing zoning districts. Zoning regulates land uses that
are allowed in each respective district. Table 4 lists Tumalo comprehensive plan designations
and corresponding zoning districts. Table 5 summarizes existing property inventories within
those zoning districts. Tumalo Comprehensive Plan designations are then described in greater
detail.
Table 4 - Tumalo Land Use Designations
Comprehensive Plan Designations
Zoning Districts
Commercial (TUC)
Commercial District (TUC)
Floodplain (FP)
Floodplain (FP)
Industrial (TUI)
Industrial District (TUI)
Research and Development (TURE)
Research and Development District (TURE)
Residential (TUR)
Residential District (TUR)
Residential 5 Acre Minimum (TUR5)
Residential Five Acre Minimum District (TURS)
Table 5 - Tumalo Land Use Inventory *
Zone
Residential
Units
Commercial / Industrial
Developments
Undeveloped
Parcels
Total Number
of Parcels
TUC
28
17
57
102
TUR
93
0
37
127
TURS
75
0
27
99
TURE
0
2
1
3
TUI
0
2
I
3
Total
196
21
123
334
* Assessor's Data 2009
Commercial (TUC). A "Commercial" designation allows a range of limited
commercial and industrial uses to serve Tumalo and the surrounding area.
In general, the designation extends north from the intersection of Cook
Avenue and U.S. 20 to 3rd Street between Wood and Wharton Avenues.
Commercial lands also comprise an area west of U.S. 20 between 5`h and
8`h Streets.
Tonin bq;f oN tJ
This designation was originally intended to accommodate a mixture of small-scale commercial
and limited industrial uses. The core commercial area initially encompassed lands adjacent to
Cook Avenue, north of U.S. 20. The designation was ultimately expanded between Cook and
TUMALO COMMUNITY PLAN - 2010 TO 2030
EXHIBIT "D" TO ORDINANCE 2018-005
Wharton Avenues that extends south to U.S. 20. This area includes the "Tumalo Mall," an
existing commercial and retail complex. The use of this building received authorization as a
nonconforming use in 1986 and site plan alterations in 1987 and 1988. These land use actions
brought the uses into compliance with the commercial zone.
Flood dam FP
. A "Floodplain" dcsignation protects thc public
conserves important riparian arcas along rivers and streams for
fish and wildlife resources; and preserves significant scenic and
natural resources. This dcsignation follows thc channel of the
Deschutes River that bisects Tumalo. The arcas of special flood
Incorporated Areas. This report was revised in September 2007,
Industrial (TUI). An "Industrial" designation allows a limited range of industrial uses to serve
Tumalo and the surrounding area. The designation recognizes nonconforming industrial uses
and properties suitable for limited amounts of additional industrial development. This
designation is concentrated around the Knife River operation that fronts O.B. Riley Road and
U.S. 20.
Research and Development (TURE). A "Research and Development" designation allows
research and development facilities requiring a more rural, non -industrial location to be sited in
Tumalo. This designation contains two parcels in one ownership located on the southeast
slope of Laidlaw Butte. It was originally created to accommodate a research and development
site and associated uses predating Deschutes County's 1979 zoning ordinance.
Residential (TUR). A "Residential" designation allows a mixture of housing types and densities
suited to the level of available water and wastewater facilities. The purpose of this district is to
allow new residential development that is compatible with the rural character of the area.
Originally, the residential district boundary coincided with the boundary of the old Laidlaw Plat
including the Deschutes River Homesites plats between Riverview Avenue and the Deschutes
River. Today, it also includes the area surrounding the Knife River aggregate site south of U.S.
20.
Residential 5 -Acre (TUR -5). A "Residential 5 Acre Minimum" designation retains large rural
residential lots. The lands designated Residential -5 acre minimum include the larger parcels
east of the Deschutes River and the west slope of Laidlaw Butte.
A "Flood Plain Combining Zone" provides additional regulations to promote public health, safety,
and general welfare, and minimize losses due to flood conditions in specific areas. The
Combining Zone also provides secondary benefits including riparian area conservation along
rivers and streams for fish and wildlife and preservation of significant scenic and natural
resources. Refer to Section 2.5 of the Comprehensive Plan for more details.
TUMALO COMMUNITY PLAN - 2010 TO 2030
EXHIBIT "D" TO ORDINANCE 2018-005
Pollcu Topics
Land Use Designations
Land Use is governed by 19 Statewide Planning Goals, but particularly Goal 2, Land Use
Planning. Refer to the Deschutes County Comprehensive Plan Section 1.3 for further details.
Deschutes County Comprehensive Plan designations identify general land uses and provide a
legal framework for establishing zoning districts. Zoning regulates land uses that are allowed in
each respective district with development standards. Table 4 lists the predominant
comprehensive plan designations and corresponding zoning districts for South County. Table
5 shows the acreage associated with the districts.
Table 4 - South County Area Land Use Designations
Comprehensive Plan Designations
Zoning Districts
Agricultural
Exclusive Farm Use Zone
Destination Resort
Destination Resort Overlay Zone
Floodplain Zone
Forest
Forest Use 1 & 2 Zone
Open Space and Conservation
Open Space and Conservation Zone
Rural Commercial
Rural Commercial Zone
Rural Residential Exception Area
Rural Residential 10 Zone
Surface Mining
Surface Mining Zone, Impact Combining Zone
Unincorporated Community
Unincorporated Community - Rural Service Center
Other Relevant Districts
Landscape Management Combining Zone
Wildlife Area Combining Zone
Flood Plain Combining Zone
NEWBERRY COUNTRY: A PLAN FOR SOUTHERN DESCHUTES COUNTY
EXHIBIT "E" TO ORDINANCE 2018-005
Table 5 - South County Zoning District & Associated Acreages
Zoning Districts '
Acres 2
Percent 3
Exclusive Farm Use La Pine
5,706
3%
Landscape Management Combining
4,974
3%
Flood Plain
4,974
3%
Forest 1
135,827
76%
Forest 2
4,392
2%
Open Space and Conservation
8,979
5%
Rural Residential 10
17,596
10%
Other (Unrcorporated Community, Surface Minng, Rural Commercial)
149
0%
Total
177,623
1 00%
ring Zones
Wildlife Combining
99,655
56%
Destination Resort Overlay
2,000
1%
Landscape Management Combining
8,274
5%
Flood Plain Combining
4,974
3%
Zoning districts, combining and overlay zones exclude Sunriver and La Pine
2 Acres include roads, right -of way, lakes, rivers
3 Rounding may not add to 100%
Described below in greater detail are South Deschutes County's Comprehensive Plan
designations.
An "Agricultural Lands" designation and EFU zone protects farmlands
in Deschutes County pursuant to Statewide Planning Goal 3
(Agricultural Lands). As discussed in the Agricultural Lands Section
of the Comprehensive Plan, protecting agriculture is one of the
primary goals of the Oregon land use system. A 1992 study
identified seven agricultural subzones. For each subzone, standards
determine minimum parcel sizes for farm divisions to protect the commercial agricultural land
base. The subzone applicable to south Deschutes County is EFU - La Pine (EFULP). Its
specifically noted for riparian meadows, grazing and meadow hay. The minimum acreage for
this subzone is 37 irrigated acres. Refer to Section 2.2 of the Agricultural Lands section of the
Comprehensive Plan for more details.
Statewide Planning Goal 8, the recreation goal, was amended
in 1989 to specify a process for locating destination resorts
on rural land without taking an exception to Goals 3, 4, I I
and 14. This was followed by legislation incorporating Goal 8
into Oregon's land use statutes. By these actions, the State
of Oregon recognized destination resorts as a legitimate rural land use. In order to allow
destination resorts, Goal 8 requires that Deschutes County adopt a "Destination Resort" map
NEWBERRY COUNTRY: A PLAN FOR SOUTHERN DESCHUTES COUNTY
EXHIBIT "E" TO ORDINANCE 2018-005
showing which lands are eligible for destination resort development.
Although a property is mapped as eligible for a destination resort, a destination resort may
not be permitted outright in that location. In order to be approved, a proposal for a resort
must be processed as a conditional use and comply with the specific standards and criteria
established by the county. In 2010, the Board of County Commissioners adopted new criteria
and procedures for updating its Destination Resort Maps. One year later the Board officially
updated them. In south Deschutes County, 573 properties, encompassing 2,000 acres are
designated as eligible for siting a destination resort. Refer to Section 3.9 of the
Comprehensive Plan for more details.
A "Flood lain" dcsignation protccts public and private property
riparian arcas along rivers and streams for fish and wildlife
resources; and preserves significant sccnic and natural
resources. Floodplains arc defined as thc lowland and
relatively flat arcas adjoining inland waters including at a
minimum, that arca subjcct to a one percent (100 year
and Fall rivers. The Flood Insurance Study is on file at thc Deschutes County Community
Maintaining strong protections for forest land is another primary goal
of the Oregon land use planning system. Statewide Planning Goal 4 sets
forest identification and protection standards which must be met by
local governments. The Goal requires forests to be designated on a
comprehensive plan as "Forest Lands" and protected primarily for the
growing and harvesting of trees. The key concept is local governments
must inventory forest lands and protect them through local regulations.
In 1992, as part of State mandated Periodic Review, Deschutes County revised its forest
designations and associated regulations to two (F- I and F-2). As shown in Table 5, the vast
majority of lands in South County are zoned for forest uses. Refer to the Section 2.3 of the
Comprehensive Plan for more details.
NEWBERRY COUNTRY: A PLAN FOR SOUTHERN DESCHUTES COUNTY
EXHIBIT "E" TO ORDINANCE 2018-005
An "Open Space and Conservation" designation protects
views either through the Landscape Management
Combining Zone or Open Space and Conservation
Zone. Open spaces are generally undeveloped areas
that are being maintained for some other purpose,
such as parks, forests or wildlife habitat. Besides the value that stems from the primary use of
the land, open spaces provide aesthetically pleasing undeveloped landscapes. Because these
areas are undeveloped they also provide additional benefits such as water recharge and safety
zones from natural hazards like flooding. Refer to Section 2.7 of the Comprehensive Plan for
more details.
The majority of private land in South County is designated "Rural Residential Exception Area."
Rural Residential Exception Areas and corresponding Rural Residential (RR -10) zone are so
named because the County had to follow a process under Statewide Goals 2, 3 or 4 to explain
why these rural lands were excepted from State farm or forest designations. The minimum lot
size for new subdivisions in the RR -10 zoning district is ten acres. Refer to Section 3.3 of the
Comprehensive Plan for more details.
Besides the above designations there are other Comprehensive Plan and Zoning Districts
relevant to south Deschutes County. "Unincorporated Communities" include "Rural Service
Centers." pre-existing areas of minor commercial and residential development. The "Surface
Mining" designation provides regulations for non-renewable resources, such as pumice,
cinders, building stone, sand, gravel and crushed rock. The "Rural Commercial" designation
refers to areas of pre-existing commercial development that do not meet the standards for
Rural Service Centers. Refer to the Sections 2.10, 3.4, and 4.8, of the Comprehensive Plan for
more details. There are also a number of overlay or combining zones. The "Wildlife Combining
Zone" provides additional regulations to protect deer migration corridors and elk habitat.
Limits are placed on fencing, building location, and new subdivisions. The "Landscape
Management Combining Zone" provides additional regulations to protect viewsheds from
development along rivers and certain roads. Refer to Sections 2.6, 2.7, and 3.9, of the
Comprehensive Plan for more details. The "Flood Plain Combining Zone" provides additional
regulations to promote public health, safety, and general welfare, and minimize losses due to
flood conditions in specific areas. The Combining Zone provides secondary benefits including
riparian area conservation along rivers and streams for fish and wildlife and preservation
significant scenic and natural resources. Refer to Section 2.5 of the Comprehensive Plan for
more details.
NEWBERRY COUNTRY: A PLAN FOR SOUTHERN DESCHUTES COUNTY
EXHIBIT "E" TO ORDINANCE 2018-005
.75 mi.
r
Appendix 5.4 - Zoning
-tow '6'64°'
R,y
elS
to,
Cottonwood Rd
Klamath County
paulina Lake Rd..
Legend
Railroad
State Highway
Rivers & Lakes
Unincorporated Community
Ell La Pine City Limit
Zoning Designations
EFU- La Pine Subzone
F1 - Forest Use 1
F2 - Forest Use 2
OS&C - Open Space & Conservation
RR10 - Rural Residential 10 Acre Minimum
SM - Surface Mining
Ordinance 2018-005
Exhibit "F"
Newberry Country
DISCLAIMER'.
Tho information on 00 map was derived from digital databases on Deschutes Counlya C.I.S.
Care was taken in the 0001,00 of this map. but it is prohded Ms is'. Deschutes County
cannot accept any responsibility (or errors, omissions, or positional accuracy in the dig.,
data or the underlying records. Thorn aro no warranties, express or implied, including Iho
warranty of merchantability or fitness nor a particular purpose, accompanyn0 this product.
However, notification of any ewers will he appreciated.
May 9,2018
secti,ow 5.12 Legistaave I-Fistoru
Background
This section contains the legislative history of this Comprehensive Plan.
Table 5.1 1.1 Comprehensive Plan Ordinance History
Ordinance
Date Adopted/
Effective
Chapter/Section
Amendment
2011-003
8-10-1 1/ 1 1-9-1 I
All, except
Transportation, Tumalo
and Terrebonne
Community Plans,
Deschutes Junction,
Destination Resorts and
ordinances adopted in
2011
Comprehensive Plan update
2011-027
10-31-1 1 / 1 1-9-1 I
2.5, 2.6, 3.4, 3.10, 3.5,
4.6, 5.3, 5.8, 5. I I ,
23.40A, 23.40B,
23.40.065, 23.01.010
Housekeeping amendments to
ensure a smooth transition to
the updated Plan
2012-005
8-20-12/11-19-12
23.60, 23.64 (repealed),
3.7 (revised), Appendix C
(added)
Updated Transportation
System Plan
2012-012
8-20-12/8-20-12
4.1, 4.2
La Pine Urban Growth
Boundary
2012-016
12-3-12/3-4-13
3.9
Housekeeping amendments to
Destination Resort Chapter
2013-002
1-7-13/1-7-13
4.2
Central Oregon Regional
Large -lot Employment Land
Need Analysis
2013-009
2-6-13/5-8-13
1.3
Comprehensive Plan Map
Amendment, changing
designation of certain
property from Agriculture to
Rural Residential Exception
Area
2013-012
5-8-13/8-6-13
23.01.010
Comprehensive Plan Map
Amendment, including certain
property within City of Bend
Urban Growth Boundary
2013-007
5-29-13/8-27-13
3.10, 3.11
Newberry Country: A Plan
for Southern Deschutes
County
Page I of 4 - EXHIBIT "G" TO ORDINANCE 2018-005
2013-016
10-21-13/10-21-13
23.01.010
Comprehensive Plan Map
Amendment, including certain
property within City of Sisters
Urban Growth Boundary
2014-005
2-26-14/2-26-14
23.01.010
Comprehensive Plan Map
Amendment, including certain
property within City of Bend
Urban Growth Boundary
2014-012
4-2-14/7-1-14
3.10, 3. I I
Housekeeping amendments to
Title 23.
2014-021
8-27-14/11-25-14
23.01.010,
5.10
Comprehensive Plan Map
Amendment, changing
designation of certain
property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
2014-021
8-27-14/11-25-14
23.01.010,
5.10
Comprehensive Plan Map
Amendment, changing
designation of certain
property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
2014-027
12-15-14/3-31-15
23.01.010,
5.10
Comprehensive Plan Map
Amendment, changing
designation of certain
property from Agriculture to
Rural Industrial
2015-021
11-9-15/2-22-16
23.01.010
Comprehensive Plan Map
Amendment, changing
designation of certain
property from Agriculture to
Surface Mining.
2015-029
11-23-15/11-30-15
23.01.010
Comprehensive Plan Map
Amendment, changing
designation of certain
property from Tumalo
Residential 5 -Acre Minimum
to Tumalo Industrial
2015-018
12-9-15/3-27-16
23.01.010,
2.2, 4.3
Housekeeping Amendments
to Title 23.
Page 2 of 4 - EXHIBIT "G" TO ORDINANCE 2018-005
2015-010
12-2-15/12-2-15
2.6
Comprehensive Plan Text and
Map Amendment recognizing
Greater Sage -Grouse Habitat
Inventories
2016-001
12-21-15/04-5-16
23.01.010;
5.10
Comprehensive Plan Map
Amendment, changing
designation of certain
property from, Agriculture to
Rural Industrial (exception
area)
2016-007
2-10-16/5-10-16
23.01.010;
5.10
Comprehensive Plan
Amendment to add an
exception to Statewide
Planning Goal 11 to allow
sewers in unincorporated
lands in Southern Deschutes
County
2016 -005
11-28-16/2-16-17
23.01.010,
2.2, 3.3
Comprehensive Plan
Amendment recognizing non -
resource lands process
allowed under State law to
change EFU zoning
2016-022
9-28-16/1 1-14-16
23.01.010,
1.3, 4.2
Comprehensive plan
Amendment, including certain
property within City of Bend
Urban Growth Boundary
2016-029
12-14-16/12/28/16
23.01.010
Comprehensive Plan Map
Amendment, changing
designation of certain
property from, Agriculture to
Rural Industrial
2017-007
10-30-17/10-30-17
23.01.010
Comprehensive Plan Map
Amendment, changing
designation of certain
property from Agriculture to
Rural Residential Exception
Area
2018-002
1-3-18; 1-25-18
23.01, 2.6
Comprehensive Plan
Amendment permitting
churches in the Wildlife Area
Combining Zone
Page 3 of 4 - EXHIBIT "G" TO ORDINANCE 2018-005
2018-005
5-9-18/5-30-18
23.01.010, 2.5, Tumalo
Comprehensive Plan Map
Amendment, removing Flood
Plain Comprehensive Plan
Community Plant
Designation; Comprehensive
Newberry County Plan
Plan Amendment adding Flood
Plain Combining Zone
purpose statement.
2018-006
7-23-18/7-23-18
23.01.010, 5.8, 5.9
Housekeeping Amendments
correcting tax lot numbers in
Non -Significant Mining Mineral
and Aggregate Inventory;
modifying Goal 5 Inventory of
Cultural and Historic
Resources
Page 4 of 4 - EXHIBIT "G" TO ORDINANCE 2018-005
Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS
18.04.030. Definitions.
"Base flood" means the flood having a one percent chance of being equaled or exceeded in any
given year. Also referred to as the "100 -year flood." Designation on flood plain maps always
includes the letters A or V.
"Base flood elevation" means the computed elevation to which floodwater is anticipated to rise
during the base flood. Base Flood Elevations (BFEs) are shown on Flood Insurance Rate Maps
(FIRMs) and on the flood profiles.
"Below -grade crawl space" means an enclosed area below the base flood elevation in which the
interior grade is not more than two feet below the lowest adjacent exterior grade and the height,
measured from the interior grade of the crawlspace to the top of the crawlspace foundation, does not
exceed 4 feet at any point.
"Critical facility" means a facility for which even a slight chance of flooding might be too great.
Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and
emergency response installations, and installations which produce, use or store hazardous materials
or hazardous waste.
"Flood Insurance Rate Map (FIRM)" is the official map on which the United States Federal
Insurance Administration has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community. The FIRM is adopted by reference in Ordinance No.
SS -0-342007-019.
"Flood Insurance Study" is the official report provided by the Federal Insurance Administration that
includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the
base flood condition of partial or complete inundation of normally dry land areas. The Study is
adopted by reference in Ordinance No. 88-0342007-019.
discharge that is outside the floodway.
"New construction" means any structure for which the start of construction commenced on or after
the effective date of Ordinance PL -15. For purposes of the Flood Plain Combining Zone (FP), "new
construction" means any structure for which the start of construction commenced on or after the
date of adoption of the amendments to the Flood Plain Zone in Ordinance No. 88-030.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
"Substantial improvement" means any repair, reconstruction or improvement of a structure, the cost
of which equals or exceeds 50 percent of the true cash value of the structure either:
A. Before the improvement or repair is started; or
B. If the structure has been damaged and is being restored, before the damage occurred. For the
purposes of this definition, "substantial improvement" is considered to occur when the first
Page 1 of 2_EXHIBIT "H" TO ORDINANCE 2018-005
alteration of any wall, ceiling, floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure. The term docs not,
however, include either;
The term does not, however, include either:
A. Any project for improvement of a structure to comply with existing state or local health,
sanitary or safety code specifications which are solely necessary to assure safe living
conditions; or
B. Any alteration of a structure listed on the National Register of Historic Places or a State
Inventory of Historic Places.
(Ord. 2018-005 §8, 2018; Ord. 2017-015§1, 2017; Ord. 2016-026§1, 2016; Ord. 2016-
015§1, 2016; Ord. 2015-004 §1, 2015; Ord. 2014-009 §1, 2014; Ord. 2013-008 §1, 2013;
Ord. 2012-007 §1, 2012; Ord. 2012-004 §1, 2012; Ord. 2011-009 §1, 2011; Ord. 2010-
022 §1, 2010; Ord. 2010-018 3, 2010, Ord. 2008-007 §1, 2008; Ord. 2008-015 §1, 2008;
Ord. 2007-005 §1, 2007; Ord. 2007- 020 §1, 2007; Ord. 2007-019 §1, 2007; Ord. 2006-
008 §1, 2006; Ord. 2005-041 §1, 2005; Ord. Chapter 18.04 35 ( 04/2015) 2004-024 §1,
2004; Ord. 2004-001 §1, 2004; Ord. 2003-028 §1, 2003; Ord. 2001-048 §1, 2001; Ord.
2001-044 §2, 2001; Ord. 2001-037 §1, 2001; Ord. 2001-033 §2, 2001; Ord. 97-078 §5,
1997; Ord. 97-017 §1, 1997; Ord. 97-003 §1, 1997; Ord. 96-082 §1, 1996; Ord. 96-003
§2, 1996; Ord. 95-077 §2, 1995; Ord. 95-075 §1, 1975; Ord. 95-007 §1, 1995; Ord. 95-
001 §1, 1995; Ord. 94-053 §1, 1994; Ord. 94-041 §§2 and 3, 1994; Ord. 94-038 §3, 1994;
Ord. 94-008 §§1, 2, 3, 4, 5, 6, 7 and 8, 1994; Ord. 94-001 §§1, 2, and 3, 1994; Ord. 93-
043 §§1, 1A and 1B, 1993; Ord. 93- 038 §1, 1993; Ord. 93-005 §§1 and 2, 1993; Ord.
93-002 §§1, 2 and 3, 1993; Ord. 92-066 §1, 1992; Ord. 92-065 §§1 and 2, 1992; Ord. 92-
034 §1, 1992; Ord. 92-025 §1, 1992; Ord. 92-004 1 and 2, 1992; Ord. 91-038 §§3 and 4,
1991; Ord. 91-020 §1, 1991; Ord. 91-005 §1, 1991; Ord. 91-002 §11, 1991; Ord. 90-014
§2, 1990; Ord. 89-009 §2, 1989; Ord. 89-004 §1, 1989; Ord. 88- 050 §3, 1988; Ord. 88-
030 §3, 1988; Ord. 88-009 §1, 1988; Ord. 87-015 §1, 1987; Ord. 86-056 2, 1986; Ord.
86-054 §1, 1986; Ord. 86-032 §1, 1986; Ord. 86-018 §1, 1986; Ord. 85-002 §2, 1985;
Ord. 84-023 §1, 1984; Ord. 83-037 §2, 1983; Ord. 83-033 §1, 1983; Ord. 82-013 §1,
1982)
Page 2 of 2_EXHIBIT "H" TO ORDINANCE 2018-005
Chapter 18.12. ESTABLISHMENT OF ZONES
18.12.010. Establishment of Zones.
For the purpose of DCC Title 18, the following primary zones,
unincorporated community zone districts are hereby established:
A. Primary Zones.
Primary Zones
combining zones, subzones and
Abbreviations
Airport Development
Exclusive Farm Use Zones
Flood Plain
Forest Use
Forest Use
Multiple Use Agriculture
Open Space and Conservation
Rural Commercial
Rural Industrial
Rural Residential
Surface Mining
AD
EFU
FP
F1
F2
MUA1 0
OS&C
RC
RI
RR1 0
SM
B. Combining Zones.
Combining Zones
Abbreviations
Airport Safety
Conventional Housing
Destination Resort
Landscape Management
Limited Use
Sensitive Bird & Mammal Habitat
Surface Mining Impact Area
Wildlife Area
Flood Plain
AH
CH
DR
LM
LU
SBMH
SMIA Wildlife Area
WA
FP
WA
C. Exclusive Farm Use Subzones.
Exclusive Farm Use Subzones
Abbreviations
Alfalfa
Horse Ridge East
La Pine
Lower Bridge
Sisters/Cloverdale
Terrebonne
Tumalo/Redmond/Bend
EFUAL
EFUHR
EFULA
EFULB
EFUSC
EFUTE
EFUTRB
D. Unincorporated Community Zones.
1. La Pine Urban Unincorporated Commnunity.
La Pine Planning Area Abbreviations
Commercial District LPC
Community Facility District LPCF
Community Facility Limited District LPCFL
Page 1 of 4 EXHIBIT "I" TO ORDINANCE 2018-005
Flood Plain District
Industrial District
Business Park District
Residential District
Sewer Treatment District
LPFP
LPI
LPBP
LPR
LPST
Neighborhood Planning Area Abbreviations
Neighborhood Community Facility
Neighborhood Community Facility
Limited
Neighborhood Commercial
Neighborhood Park
Neighborhood Open Space
Neighborhood Residential Center
Neighborhood Residential General
LPNCF
LPNCFL
LPNC
LPNPK
LPNO
LPNRC
LPNRG
Wickiup Planning Area
Abbreviation
Wickiup Commercial/Residential
LPWCR
2. Sunriver Urban Unincorporated Community.
Sunriver Districts
Abbreviations
Airport District SUA
Business Park District SUBP
Commercial District SUC
Community General District SUCG
Community Limited District SUCL
Community Neighborhood District SUCN
Community Recreation District SUCR
Flood Plain Combining District SUFP
Forest District SUF
Multiple Family Residential District SURM
Resort District SUR
Resort Equestrian District SURE
Resort Golf Course District SURG
Resort Marina District SURA
Resort Nature Center District SURN
Single Family Residential District SURS
Utility District SUU
Page 2 of 4 EXHIBIT "I" TO ORDINANCE 2018-005
3. Terrebonne Rural Community.
Terrebonne Districts Abbreviations
Commercial District TeC
Commercial -Rural District TeCR
Residential District TeR
Residential -5 acre minimum
District
TeR5
4. Tumalo Rural Community.
Tumalo Districts
Abbreviations
Commercial District
Flood Plain District
Residential District
Residential -5 acre minimum
District TuR5
Research & Development District TuRE
TuC
TuFP
TuR
5. Rural Service Center.
Commercial/Mixed Use Districts
Brothers, Hampton, Millican, Whistlestop, Wildhunt
Alfalfa RSC-C/M (A)
Alfalfa Residential RSC-R(A)
Brothers Open Space RSC -OS
RSC-C/M (B,H,M,W,W)
6. Black Butte Ranch Resort Community.
Black Butte Ranch District Abbreviations
Resort District BBRR
Surface Mining District/Limited Use BBRSM
Utility District/Limited Use BBRU
7. Inn of the 7th Mountain/Widgi Creek Resort Community
Inn of the 7th Mountain/ Widgi Creek District Abbreviations
Resort District
SMWCR
Widgi Creek Residential District WCR
(Ord. 2018-005 §9, 2018; Ord. 2008-017 § 1, 2008, Ord. 2006-008 §2, 2006; Ord. 2005-016 §1, 2005, Ord.
2002-019 §1, 2002, Ord. 2002-001, §1, 2002, Ord. 2001-048 §4, 2001, Ord. 2001-044 §2, 2001; Ord. 98-
063 §2, 1998; Ord. 96-003 §4, 1996; Ord. 92-025 §5, 1992)
18.12.040. Zone Boundaries.
Unless otherwise specified, zone boundaries are section lines, subdivision lines, lot lines, center lines of
street or railroad rights of way, water courses, ridges or rimrocks, other readily recognizable or identifiable
natural features, or the extension of such lines. In case of any dispute regarding the zoning classification of
property subject to the County code, the original ordinance with map exhibit contained in the official county
records will control. Whenever uncertainty exists as to the boundary of a zone as shown on the zoning map
or amendment thereto, the following rules shall apply:
A. Where a boundary line is indicated as following a street, alley, canal or railroad right of way, it shall be
construed as following the centerline of such right of way.
B. Where a boundary line follows or approximately coincides with a section lines or division thereof, lot or
property ownership line, it shall be construed as following such line.
Page 3 of 4 EXHIBIT "I" TO ORDINANCE 2018-005
C. If a zone boundary as shown on the zoning map divides a lot or parcel between two zones, the entire lot
or parcel shall be deemed to be in the zone in which the greater area of the lot or parcel lies, provided
that this adjustment involves a distance not exceeding 100 feet from the mapped zone boundary. SEE
Title 18 does not apply to areas zoned flood plain.
(Ord. 2018-005 §9, 2018LOrd 2008-017 § 1.2008, Ord. 91-020 §1, 1991; Ord. 91-005 §3, 1991; Ord.
80-206 §2, 1980)
Page 4 of 4 EXHIBIT "I" TO ORDINANCE 2018-005
Chapter 18.61. URBAN UNINCORPORATED COMMUNITY ZONE - LA PINE
18.61.030. La Pine Planning Area.
F. La Pine Flood Plain District. All uses proposed within this district shall be subject to the provisions in
DCC 18.96, Flood Plain Combining Zone.
(Ord. 2018-005 §10, 2018; Ord. 2010-029 § 1, 2010; Ord. 2009-025 § 1, 2009; Ord. 2003-002 §1, 2003;
Ord. 2002-033 §1, 2002; Ord. 2001-044 §3, 2001; Ord. 2000-015§ 2, 2000; Ord. 97-063 §3, 1997; Ord. 97-
041 §1, 1997; Ord. 97-017 §4, 1997; Ord. 96-003 §1, 1996)
PAGE 1 OF 1 EXHIBIT "J" TO ORDINANCE 2018-005
Chapter 18.96. FLOOD PLAIN COMBINING ZONE - FP
18.96.010. Purposes.
The purposes of the Flood Plain Combining Zone are: To implement the applicable elements of the
Comprehensive Plan Flooding Resource Management and Growth Management Sections; to protect the
public from the hazards associated with flood plains; to conserve important riparian areas along rivers and
streams for the maintenance of the fish and wildlife resources; and to preserve significant scenic and natural
resources while balancing the public interests with those of individual property owners in the designated
areas.
(Ord. 2018-005 §11, 2018; Ord. 88-030 §4, 1988)
18.96.020. Designated Areas.
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and
engineering report entitled "Flood Insurance Study for Deschutes County, Oregon and Incorporated Areas"
revised September 28, 2007, with accompanying Flood Insurance Rate Maps is hereby adopted by reference
and incorporated herein by this reference. The Flood Insurance Study is on file at the Deschutes County
Community Development Department.
The Flood Plain Combining Zone shall include all areas designated as "Special Flood Hazard Areas" by the
Flood Insurance Study for Deschutes County. When base (Flood eElevation data has not been provided in
the Flood Insurance Study, the Planning Director maywil1-ol to nn, review and reasonably utilize any bBase
€Flood eElevation or floodway data provided b_the applicant or available from federal, state or other
sources, Loin determining the location of a flood plain or floodway.
(Ord. 2018-005 §11, 2018; Ord 2007-019 §2, 2007; Ord. 2000-033 §5, 2000; Ord. 88-030 §4, 1988)
18.96.030. Uses Permitted Outright.
The following uses and their accessory uses are permitted outright_
A. Uses permitted outright in the underlying zone with which the Flood Plain Combining Zone is
combined, that does not constitute floodplain development as defined in DCC 18.04.030, shall be
permitted outright
B. Notwithstanding the provision of subsection (A) above, the following uses that do not constitute
floodplain development as defined in DCC 18.04.030, are permitted outright and not subject to the
provisions of this chapter:
A.1.Agricultural use conducted without establishing or utilizing a structure. For purposes of DCC
-ssible-the movement of floodwaters and flood carried material.
142. Management, propagation and harvesting of a forest product.
G3.Open space, as defined in DCC 18.04.030.
D I . Portions of a residential use that do not contain structures, such as lawn, garden or play areas.
E5. Class I and II road or street project subject to approval as part of a land partition, subdivision or
subject to the standards and criteria established by DCC 18.116.230 that do not involve Floodplain
development.
F6. Class III road or street project.
67. Excavation, grading and fill for the routine maintenance and repair of existing roads and roadway
drainage within the road right-of-way that will have not adverse effect on flood waters.
148. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District
except as provided in DCC 18.120.050.
19. Recreational vehicles provided they meet the standards and criteria established by DCC 18.116.095.
Page 1 of 10 EXHIBIT "K" TO ORDINANCE 2018-005
10. Fill and removal activities involving the removal of vegetation if the material to be filled or
removed will not exceed 50 cubic yards in volume and such fill or removal activities are undertaken
for the purpose of:
a. Removal of diseased or insect -infested trees or shrubs or of rotten or damaged trees that present
safety hazards, or
b. Normal maintenance and pruning of trees and shrubs.
11. Fill and removal activities conducted by an Irrigation District involving piping work in existing
canals and ditches.
12. Any open fencing that is placed in the floodplain but outside the floodway, provided there is no
grading required to place the fence.
13. Uses and structures determined to be located outside the Special Flood Hazard Area in accordance
with 18.96.130.
(Ord. 2018-005 §11, 2018; Ord. 2007-019 §2, 2007; Ord. 93-043 §15, 1993; Ord. 91-020 §1, 1991; Ord.
88-030 §4, 1988)
18.96.040. Conditional uses permitted.
The following uses and their accessory uses may be allowed subject to applicable sections of this title:
subject to DCC 18.128.
and readily removable from the area within time available after flood warning. If such material is not
or equipment stored shall include
persons, property, animals or plant
only items which will not create a hazard to the health or safety of
life should the storage area be inundated.
only as uses identified by DCC 18.
DCC 18.16 governing those uses.
dwellings proposed to be sited
16.030(A), (B), (D) or (E) and subject to the applicable provisions of
In addition to the other requirements of DCC 18.96, single family
in ar-as of the Flood Plain Zone designated "Forest" on the
or 18.10.030(Y) and subject to the applicable provision of DCC 18.36 and 18.10 governing those uses.
D. Agricultural accessory buildings.
E. Hydroelectric facilities subject to DCC 18.116.130 and 18.128.260.
flood hazard identified in DCC 18.96.020.
launching ramps, swimming ar-as, wildlife or nature preserves, game farms, fish hatcheries, shooting
"Agriculture" on the Comprehensive Plan Map.
provisions of DCC Title 18 and DCC Title 17, the Subdivision/Partition Ordinance.
Page 2 of 10 EXHIBIT "K" TO ORDINANCE 2018-005
Waterway Management Plan as th
3. On the Deschutes River between river miles 207 and 192. This ar a is identified in the Scenic
K. Those recreational uses described in DCC 18.36.030, "F 1 Conditional Uses," having an insignificant
Plan Map as "Forest" and is adjacent to land zoned F 1.
Plan Map as "Forest" and is adjacent to land zoned F 2.
18.116.250(A) or (B).
of irrigation systems operated by an Irri_ation District, including the excavation and mining for
A. Uses permitted conditionally in the underlying zone with which the Flood Plain Combining Zone is
combined shall be permitted conditionally.
B. When uses identified in this chapter as conditional or outright uses include Flood Plain Development, as
defined in DCC 18.04.030, that Flood Plain Development is a conditional use.
C. Notwithstanding subsections (A) and (B) above, the following uses are permitted conditionally in the
Flood Plain Combining Zone in association with any underlying zone:
1. A bridge.
2. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a
wetland, subject to DCC 18.120.050 and 18.128.270. Excavation, grading and fill within any area
of special flood hazard identified in DCC 18.96.020.
3. A boat dock or pier, either individual or community, on private property which lies in the following
areas:
i. On the Deschutes River between river miles 226.4 and 224.5. This area is identified in the
Scenic Waterway Management Plan as the Wickiup River Community Area;
ii. On the Deschutes River between river miles 217.5 and 216.5. This area is identified in the
Scenic Waterway Management Plan as the Pringle Falls River Community Area; and
iii. On the Deschutes River between river miles 207 and 192. This area is identified in the Scenic
Waterway Management Plan as River Community Areas and Recreational River Area
respectively.
4. Surface mining of mineral and aggregate resources in conjunction with the operation and
maintenance of irrigation systems operated by an Irrigation District, including the excavation and
mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material.
5. Subdividing or partitioning of land, any portion of which is located in a flood plain, subject to the
provisions of DCC Title 18 and DCC Title 17, the Subdivision/Partition Ordinance.
(Ord. 2018-005 §11, 2018; Ord. 2007-019 §2, 2007; Ord. 2001-039 §11, 2001; Ord. 2001-016 §2, 2001;
Ord. 97-063 §3, 1997; Ord. 96-032 1/451, 1996; Ord. 95-075 1/451, 1995; Ord. 95-022 §1, 1995; Ord. 93-045 §1,
1993; Ord. 93-002 §4, 1993; Ord. 91-038 §1, 1991; Ord. 91-005 §37, 1991; Ord. 89-009 §4, 1989; Ord.
88-030 54, 1988)
18.96.050. Prohibited Uses.
Marinas, boat slips and boat houses on private property.
(Ord. 89-009 § 5, 1989)
18.96.060. Limitations on Conditional Uses.
The following limitations shall apply to all uses allowed by DCC 18.96.040:
Page 3 of 10 EXHIBIT "K" TO ORDINANCE 2018-005
A. No new construction of a dwelling (including manufactured housing), accessory structure or farm use
structure shall be allowed in the floodway of any river or stream except for replacement in conformance
with the applicable provisions of DCC 18.96 of a dwelling lawfully in existence as of the effective date
of Ordinance 88-030.
B. No new construction of a dwelling (including manufactured housing), accessory structure or farm use
structure shall be located in the flood plain unless it can be demonstrated by the applicant that no
alternative exists on the subject property which would allow the structure to be placed outside of the
flood plain.
C. No subdivision or partition shall be allowed which creates the potential for additional residential
dwellings in the flood plain.
D. All necessary federal, state and local government agency permits shall be obtained.
(Ord. 2007-019 §2, 2007; Ord. 95-022 §1, 1995; Ord. 93-002 §5, 1993; Ord. 91-020 §1, 1991; Ord. 88-030
§4, 1988)
18.96.070. Application for Conditional Use.
All records of any application for a conditional use permit and all certification of elevations shall be
maintained in the records of the Community Development Department for public inspection. An
application for a conditional use permit in the Flood Plain Combining Zone shall, at a minimum, contain the
following information:
A. A detailed explanation of why it is necessary to conduct the proposed use in the Flood Plain Combining
Zone. Where bBase fFlood eElevation data is not available from the Flood Insurance Study or from
another authoritative source, it shall be generated and submitted with the application for subdivision
proposals and other proposed developments which contain at least 50 lots or five acres (whichever is
less). Generation of Base Flood Elevation data shall not be required for subdivision proposals and other
proposed developments that expressly preclude residential and non-residential construction in a Special
Flood Hazard Area.
B. A site plan, drawn to scale and accompanied by drawings, sketches and descriptions which describe and
illustrate the proposed use. This site plan shall include, at a minimum, existing and proposed site
contours in relation to the bBase €Flood eElevation, existing and proposed structures, drainage facilities,
and an explanation of how erosion will be dealt with during and after construction of the use.
C. The location of the property relative to the channel of the river or stream.
D. The location of existing and proposed diking or abutments, if any.
E. The elevation of the lowest habitable floor and of any basement floor for any dwelling unit or structure.
F. The elevation to which the structure is to be floodproofed, if applicable.
G. Elevations on the site plan shall be established by a licensed surveyor or engineer, and shall be in
relation to mean sea level.
H. Certification by a registered professional engineer or architect that the floodproofing methods for any
structure meet the floodproofing criteria established by the Federal Emergency Management Agency
and the applicable standards in DCC 18.96.
I. All other elements or information which will assist in the evaluation of the proposed development and
conformance with the applicable criteria.
(Ord. 2018-005 §11, 2018; Ord. 95-022 §1, 1995; Ord. 93-043 §15A, 1993; Ord. 91-020 §1, 1991; Ord.
88-030 §4, 1988)
18.96.080. Criteria to Evaluate Conditional Uses.
A. A conditional use permit in a Flood Plain Combining Zone shall not be approved unless all standards
established by the Federal Emergency Management Agency and DCC Title 18 are addressed and
findings are made by the Hearings Body or Planning Director that each of the standards and criteria are
satisfied.
Page 4 of 10 EXHIBIT "K" TO ORDINANCE 2018-005
B. Approval to alter or relocate a water course shall require notification to adjacent communities, the
Department of Land Conservation and Development, and Department of State Lands, and other
appropriate state and federal agencies prior to any such alteration or relocation and submit evidence to
the Federal Insurance Administration. Maintenance shall be provided within the altered and relocated
portion of said watercourse so that the flood carrying capacity is not diminished.
C. A conditional use permit shall be based upon findings which relate to the property and existing and
proposed structure(s). They shall not pertain to the property owner, inhabitants, economic or financial
circumstances.
D. All structures in the flood plain shall meet the following standards.
1. Anchoring.
a. All new construction and substantial improvements shall be anchored to prevent flotation,
collapse or lateral movement of the structure,
b. All manufactured homes must be anchored to prevent flotation, collapse or lateral movement,
and shall be installed using methods and practices that minimize flood damage. Anchoring
methods may include, but are not limited to, use of over -the -top or frame ties to ground
anchors.
2. Construction Materials and Methods.
a. All new construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be constructed using methods and
practices that minimize flood damage.
c. Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service
facilities shall be designed and/or otherwise elevated or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
3. Utilities.
a. All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system.
b. New and replacement sanitary systems shall be designed to minimize or eliminate infiltration of
floodwaters into the system and discharge from the system into flood waters.
c. On-site waste disposal systems shall be located to avoid impairment to them or contamination
from them during flooding consistent with the Oregon Department of Environmental Quality as
specified in OAR 340-071-0100 et seq.
4. Below -grade crawlspaces aleis allowed subject to the standards in FEMA Technical Bulletin 11-01.
E. Subdivision and Partition Proposals.
1. All subdivision and partition proposals shall be consistent with the need to minimize flood damage.
2. All subdivision and partition proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage.
3. All subdivision and partition proposals shall have adequate drainage provided to reduce exposure to
flood damage.
4. Where Base Flood Elevation data has not been provided or is not available from another
authoritative source, it shall be generated for subdivision proposals and other proposed
developments which contain at least 50 lots or 5 acres (whichever is less). Generation of Base
Flood Elevation data shall not be required for subdivision proposals and other proposed
develo.ments that ex.ressl .reclude residential and non-residential construction in a Special Flood
Hazard Area.
F. Review of Building Permits. Where elevation data is not available either through the Flood Insurance
Study or from another authoritative source, applications for building permits shall be reviewed to assure
that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local
judgment and includes use of historical data, high water marks, photographs of past flooding, etc.,
where available. (Failure to elevate at least two feet above grade in these zones may result in higher
insurance rates.)
Page 5 of 10 EXHIBIT "K" TO ORDINANCE 2018-005
G. Specific Standards. In the Flood Plain Combining Zone, the following requirements must be met:
1. Residential Construction.
a. New construction, including replacement, and substantial improvement of any residential
structure shall have the lowest floor of the entire structure, including basement, elevated at least
one foot above bBase 4Flood eElevation.
b. Fully enclosed areas below the lower floor that are subject to flooding are prohibited unless
they are designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for meeting this requirement must
satisfy the standards in FEMA Technical Bulletin 11-01 and must either be certified by a
registered professional engineer or architect and ei-must meet or exceed the following criteria:
i. A minimum of two openings having a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding shall be provided.
ii. The bottom of all openings shall be no higher than one foot above grade.
iii. Openings may be equipped with screens, louvers or other coverings or devices, provided
that they permit the automatic entry and exit of floodwaters.
2. Nonresidential Construction. New construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall either have the lowest floor, including basement,
elevated at least one foot above the level of the bBase fFlood eElevation, or, together with attendant
utility and sanitary facilities, shall:
a. Be flood proofed so that below the base flood level the structure is watertight with walls
substantially impermeable to the passage of water.
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy.
c. Be certified by a registered professional engineer or architect that the design and methods of
construction are subject to accepted standards of practice for meeting provisions of DCC
18.96.080, based on their development and/or review of the structural design, specifications and
plans. Such certifications shall be provided to the County as set forth in DCC 18.96.070(H).
d. Nonresidential structures that are elevated, but not flood proofed, must meet the same standards
for space below the lowest floor as described in DCC 18.96.080(F).
e. Applicants for floodproofing nonresidential buildings shall be notified that flood insurance
premiums will be based on rates that are one foot below the floodproofed level (e.g. a building
constructed to the flood level will be rated as one foot below that level).
f. Applicants shall supply a comprehensive Maintenance Plan for the entire structure that shall
include but not limited to: exterior envelope of structure; all penetrations to the exterior of the
structure; all shields, gates, barriers, or components designed to provide floodproofing
protection to the structure; all seals or gaskets for shields, gates, barriers, or components; and,
the location of all shields, gates, barriers, and components as well as all associated hardware,
and any materials or specialized tools necessary to seal the structure.
g. Applicants shall supply an Emergency Action Plan (EAP) for the installation and sealing of the
structure prior to a flooding event that clearly identifies what triggers the EAP and who is
responsible for enacting the EAP.
3. Exception for Small Accessory Structures. Relief from elevation or floodproofing as required in
(G)(1) or (G)(2) above may be granted for small accessory structures that are:
a. Less than 200 square feet and do not exceed one story;
b. Not temperature controlled;
c. Not used for human habitation and are used solely for parking of vehicles or storage of items
having low damage potential when submerged;
d. Not used to store hazardous or toxic material, oil or gasoline, or any priority persistent pollutant
identified by the Oregon Department of Environmental Quality unless confined in a tank
installed in compliance with this ordinance or stored at least one foot above Base Flood
Elevation;
Page 6 of 10 EXHIBIT "K" TO ORDINANCE 2018-005
e. Located and constructed to have low damage potential;
f. Constructed with materials resistant to flood damage;
g. Anchored to prevent flotation, collapse, or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the
base flood;
h. Constructed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic
entry and exit of floodwater. Designs for complying with this requirement must be certified by
a licensed professional engineer or architect or:
i. Provide a minimum of two openings with a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding;
ii. The bottom of all openings shall be no higher than one foot above the higher of the exterior
or interior grade or floor immediately below the opening; and
iii. Openings may be equipped with screens, louvers, valves or other coverings or devices
provided they permit the automatic flow of floodwater in both directions without manual
intervention.
i. Constructed with electrical, and other service facilities located and installed so as to prevent
water from entering or accumulating within the components during conditions of the base flood.
4_Manufactured Homes Dwellings. All manufactured homes to be placed or substantially improved
at least one foot above the base flood elevation. Such manufactured homes shall be securely
anchored to an adequately anchored foundation system subject to the provisions of DCC
18.96.080(C)(1).
a. Manufactured dwellings supported on solid foundation walls shall be constructed with flood
openings that comply with (G)(1)(b) above;
b. The bottom of the longitudinal chassis frame beam in A zones, shall be at or above the Base
Flood Elevation and the lowest floor of the manufactured dwelling shall be at least one foot
above the Base Flood Elevation;
c. The manufactured dwelling shall be anchored to prevent flotation, collapse, and lateral
movement during the base flood. Anchoring methods may include, but are not limited to, use of
over -the -top or frame ties to ground anchors (Reference FEMA's "Manufactured Horne
Installation in Flood Hazard Areas" guidebook for additional techniques); and
d. Electrical crossover connections shall be a minimum of 12 inches above Base Flood Elevation.
45. Docks, Piers and Walkways.
a. No individual boat dock or pier shall be allowed on any lot with less than 200 feet of river
frontage.
b. No community boat dock or pier shall be allowed on any lot with less than 100 feet of river
frontage.
c. No individual boat dock or pier shall be more than 20 feet in length or more than eight feet in
width. The total surface area shall not exceed 160 square feet.
d. No community boat dock or pier shall be more than 20 feet in length. The total surface area
shall not exceed 320 square feet.
e. A boat dock or pier shall not extend into or over the water more than 20 feet as measured from
the ordinary high water mark (OHM), or five percent of the distance between the ordinary low
water mark (OLM) on each river or stream bank measured at right angles to the shoreline,
whichever is less, unless it can be shown that a greater extension:
i. Is necessary to allow access to the OHM;
ii. Will not increase flood hazard; and
iii. Will not cause the deterioration or destruction of marine life or wildlife habitat. When the
lines of ordinary high or low water cannot be determined by survey or inspection, then such
lines shall be determined by a registered professional engineer using the annual mean high
or low water for the preceding year, using data from the State of Oregon Watermaster.
Page 7 of 10 EXHIBIT "K" TO ORDINANCE 2018-005
f. Individual boat docks and piers shall have a minimum five foot setback from adjoining property
boundaries projected over the water surface.
g. Dock, pier and walkway structures shall not be covered or enclosed.
h. All materials used in dock, pier or walkway construction must be in compliance with all DEQ
and EPA regulations.
i. Docks, piers and walkways shall use either pilings or Styrofoam floats if such floats are fully
enclosed and sealed.
j. Docks, piers and walkways shall not impede water movement or cause deposition on waterway
beds.
k. Docks, piers and walkways containing concrete or wood preservatives shall be fully cured or
dried prior to placement in the water.
1. No walkway shall be more than four feet in width. The length of the walkway shall be no more
than the minimum required to allow access to a dock.
m. Walkways shall include at least one handrail if the structure is elevated 30 inches or more from
ground level.
n. All docks, piers and walkways shall meet the test of noninterference with navigation.
65. Parking Facilities. No parking facility shall be located within 20 feet (measured at right angles) of
the ordinary high water mark (OHM).
7. Construction of new critical facilities shall be, to the extent possible, located outside the limits of
the Area of Special Flood Hazard (100 -year floodplain). Construction of new critical facilities shall
be permissible within the Area of Special Flood Hazard if no feasible alternative site is available.
Critical facilities constructed within the Area of Special Flood Hazard shall have the lowest floor
elevated three feet above Base Flood Elevation or to the height of the 500 -year flood, whichever is
higher. Access to and from the critical facility should also be protected to the height utilized above.
Floodproofing and sealing measures must be taken to ensure that hazardous or toxic substances, oil
or gasoline, or any priority persistent pollutant identified by the Oregon Department of
Environmental Quality will not be displaced by or released into floodwaters. Access routes elevated
to or above the level of the Base Flood Elevation shall be provided to all critical facilities to the
extent possible unless deemed impractical by the Hearings Body or Planning Director.
8. Incidental storage of material or equipment that is either not subject to damage by flood may be
permitted. If such material is not readily removable, it shall be anchored to prevent flotation and
shall not obstruct water flow. Material or e.ui.ment stored shall include onl items which will not
create a hazard to the health or safety of persons, property, animals or plant life should the storage
area be inundated.
H. Floodways. In floodways the following provisions shall apply:
1. Encroachments, including fill and removal, replacement of a dwelling lawfully in existence on the
effective date of Ordinance 88-030 and other development are prohibited unless certification by a
registered professional engineer is provided demonstrating that the proposed encroachments will
not result in any increase in flood levels during a base flood discharge.
2. The applicant must demonstrate that all necessary federal, state and local government agency
permits have been or can be obtained and that all other applicable sections of DCC Title 18 have
been satisfied.
3. Replacement of a dwelling shall not increase the square footage or footprint of the structure by
more than 20 percent of the square footage or footprint of such dwelling as of the effective date of
Ordinance 88-030.
4. No replacement of a dwelling shall be allowed if the use of the preexisting dwelling has been
abandoned or otherwise terminated for a period of over one year.
(Ord. 2018-005 §11, 2018; Ord. 2007-019 §2, 2007; Ord. 2000-033 §6, 2000; Ord. 95-075 §1, 1995; Ord.
95-022 §1, 1995; Ord. 93-043 §15B, 1993; Ord. 93-002 §§6-8, and 9, 1993; Ord. 91-020 §1, 1991; Ord.
89-009 §7, 1989; Ord. 88-030 §4, 1988)
Page 8 of 10 EXHIBIT "K" TO ORDINANCE 2018-005
18.96.085. Elevation Certification.
Elevation of all new construction, including replacement and substantial improvements, relative to mean sea
level of the lowest floor shall be documented before the framing inspection with a survey certified by a State
of Oregon registered professional engineer or land surveyor.
(Ord. 95-022 §1, 1995; Ord. 93-002 §10, 1993)
18.96.090. Yard and Setback Requirements.
In an FP Zone,_tThe following yard and setback requirements shall be maintained; in the Flood Plain
Combining Zone except where the underlying primary zone differs, then the more restrictive standard shall
apply.
A. The front setback shall be a minimum of 20 feet from a property line fronting on a local street, 30 feet
from a property line fronting on a collector and 50 feet from an arterial.
B. There shall be a minimum side yard of 10 feet for all uses.
C. The minimum rear yard shall be 20 feet.
D. The setback from a north lot line shall meet the solar setback requirements in DCC 18.116.180.
E. The minimum yard setback for a nonfarm use from the property line adjacent to a farm use not owned
by the applicant shall be 100 feet.
F. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or
structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met.
(Ord. 2018-005 §11, 2018; Ord. 95-075 §1, 1995; Ord. 94-008 §25, 1994; Ord. 88-030 §4, 1988)
18.96.100. Stream Setback.
To permit better light, air, vision, stream and pollution control, to protect fish and wildlife areas and to
preserve the natural scenic amenities along streams and lakes, the following setbacks shall apply:
A. All sewage disposal installations such as septic tanks or septic drain fields shall be setback from the
ordinary high water mark along all streams or lakes a minimum of 100 feet, measured at right angles to
the ordinary high water mark. In those cases where practical difficulties preclude the location of the
facilities at a distance of 100 feet, and the County Sanitarian finds that a closer location will not
endanger public health or safety, a setback exception may be permitted to locate these facilities closer to
the stream or lake, but in no case closer than 25 feet.
B. All structures, buildings or similar permanent fixtures shall be set back from the ordinary high water
mark along all streams or lakes a minimum of 100 feet measured at right angles from the ordinary high
water mark.
(Ord. 91-020 § 1, 1991; Ord. 88-030 § 4, 1988)
18.96.110. Dimensional Standards.
In the Flood Plain Combining Zone, the dimensional standards shall be as established in the underlying zone
with which the FP Zone is combined.
A. Lot Coverage. The main building and accessory buildings located on any building site or lot shall not
cover in excess of 30 percent of the total lot area.
Planning Goals shall have a mini
(Ord. 2018-005 §11, 2018; Ord. 92-055 § 8, 1992)
Page 9 of 10 EXHIBIT "K" TO ORDINANCE 2018-005
18.96.120. Warning and Disclaimer of Liability.
The degree of flood protection required by DCC Title 18 is considered reasonable for regulatory purposes
and is based upon scientific and engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes. DCC Title 18 shall not create
liability on the part of Deschutes County, any officer, agent or employee thereof, or the Federal Insurance
Administration, for any flood damages that result from reliance on DCC Title 18 or any decision lawfully
made hereunder.
(Ord. 88-030 § 4, 1988)
18.96.130 Interpretation of FIRM
Boundaries
The Planning Director shall make interpretations where needed, as to exact location of the boundaries of the
areas of special flood hazards (for example, where there appears to be a conflict between a mapped
boundary and actual field conditions). Such interpretations shall be processed as a development action
pursuant to Chapter 22.16.
(Ord. 2007-019 §2, 2007)
18.96.140. Use Variances.
Use variances or variances to the standards established by DCC 18.96.060 and 18.96.080 shall not be
allowed.
(Ord. 2007-019 §2, 2007; Ord. 88-030 §4, 1988)
Page 10 of 10 EXHIBIT "K" TO ORDINANCE 2018-005
Chapter 18.113. DESTINATION RESORTS ZONE - DR
18.113.060. Standards for Destination Resorts.
The following standards shall govern consideration of destination resorts:
H. Floodplain requirements. The floodplain combining zone () requirements of DCC 18.96 shall apply
to all developed portions of a destination resort in an FP Zone in addition to any applicable criteria of
DCC 18.113. Except for floodplain areas which have been granted an exception to LCDC goals 3 and
4, floodplain combining zones shall not be considered part of a destination resort when determining
compliance with the following standards;
1. One hundred sixty acre minimum site;
2. Density of development;
3. Open space requirements.
A conservation easement as described in DCC Title 18 shall be conveyed to the County for all areas
within a floodplain which are part of a destination resort.
(Ord. 2018-005 §12, Ord. 2016-003 §1, 2016; Ord. 2015-016 §7, 2015; Ord. 2013-008 §2, 2013; Ord.
2007-05 §2, 2007; Ord. 92-004 §13, 1992)
Page 1 of 1 EXHIBIT "L" TO ORDINANCE 2018-005
Chapter 18.116. SUPPLEMENTARY PROVISIONS
18.116.260. Rock Crushing Outside the SM Zone.
B. On-site rock crushing for on-site construction and maintenance is permitted outright in any zone,
except Flood Plain (FP), or in any combining zone, except Wildlife Area (WA), Landscape
Management (LM), Flood Plain (FP) or Sensitive Bird and Mammal Habitat (SBMH), if the
requirements of DCC 18.116.260(A) and the following standards are met:
1. Rock crushing activity, including set up and crushing, occurs for no more than 60 consecutive
days on a site within any one-year period;
2. Rock crushing occurs Monday through Friday, between 7:00 a.m. and 5:00 p.m., and not on
legal holidays; and
3. Water is available on-site to provide dust control.
(Ord. 2018-005 §13, 2018LOrd. 97-006 §2, 1997)
18.116.270. Conducting Filming Activities in All Zones.
2. Special Limitations. In addition to the general limitations set forth under DCC
18.116.270(C)(1)(a) and (b), the following additional special limitations shall be applied,
where applicable:
a. Filming and accessory or supporting activities proposed for a site designated as exclusive
farm use by the zoning ordinance shall be subject to applicable provisions of ORS
215.296.
b. Filming and accessory or supporting activities involving structures or improvements
regulated under DCC 18.96 (flood plain combining zone) shall be subject to the
applicable provisions of DCC 18.96 unless the Federal Emergency Management Agency
authorizes a waiver of the provisions of DCC 18.96.
c. Filming and accessory or supporting activities necessitating fill or removal activities
shall comply with the applicable provisions of DCC 18.128.270, except that no
conservation agreement shall be required where the fill is associated with a temporary
structure or improvement and such fill would be removed along with the temporary
structure or improvement under a fill and removal permit required by the County.
d. Filming and accessory or supporting activities shall not be allowed in any sensitive
habitat area designated under DCC 18.90 during the nesting period identified in the
ESEE for each site.
3. At the completion of filming, any structure or improvement for which land use approval
would otherwise be required shall obtain the required approvals or the structure or
improvement shall be removed. The County may require the applicant to post a bond in an
amount sufficient to cover the cost of removal for any such structure or improvement.
4. The standards of DCC 18.116.270(B) may be met by the imposition of conditions calculated
to ensure that this standard will be met.
(Ord. 2018-005 §13, 2018iOrd. 97-007 §1, 1997)
Page 1 of 1 EXHIBIT "M" TO ORDINANCE 2018-005
Chapter 18.124. SITE PLAN REVIEW
18.124.030. Approval Required.
A. No building, grading, parking, land use, sign or other required permit shall be issued for a use subject to
DCC 18.124.030, nor shall such a use be commenced, enlarged, altered or changed until a final site plan
is approved according to DCC Title 22, the Uniform Development Procedures Ordinance.
B. The provisions of DCC 18.124.030 shall apply to the following:
1. All conditional use permits where a site plan is a condition of approval;
2. Multiple -family dwellings with more than three units;
3. All commercial uses that require parking facilities;
4. All industrial uses;
5. All other uses that serve the general public or that otherwise require parking facilities, including,
but not limited to, landfills, schools, utility facilities, churches, community buildings, cemeteries,
mausoleums, crematories, airports, parks and recreation facilities and livestock sales yards; and
6. As specified for Flood Plain Zones (FP) and Surface Mining Impact Area (SMIA) Combining
Zones (SMIA).
7. Non-commercial wind energy system generating greater than 15 to 100 kW of electricity.
C. The provisions of DCC 18.124.030 shall not apply to uses involving the stabling and training of equine
in the EFU zone, noncommercial stables and horse events not requiring a conditional use permit.
D. Noncompliance with a final approved site plan shall be a zoning ordinance violation.
E. As a condition of approval of any action not included in DCC 18.124.030(B), the Planning Director or
Hearings Body may require site plan approval prior to the issuance of any permits.
(Ord. 2018-005 §14, 2018; Ord. 2011-009 §1, 2011; Ord. 2003-034 §2, 2003; Ord. 94-008 §14, 1994; Ord.
91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 86-032 §1, 1986)
Page 1 of 1 EXHIBIT "N" TO ORDINANCE 2018-005
Chapter 18.128. CONDITIONAL USE
18.128.200. Cluster Development (Single -Family Residential Uses Only).
B. The conditional use shall not be granted unless the following findings are made:
15. For Cluster Developments containing or adjacent to rivers, lakes or streams, in addition to
compliance with other applicable zone development restrictions, uses and activities must be
consistent with a required Riparian Area Management Plan. The Riparian Area Management
Plan shall preserve, .__protect and enhance riparian resources, be prepared by a wildlife
biologist, and include the following:
a. An inventory of riparian resources within or adjacent to the Cluster Development;
b. A map showing the inventoried riparian resources that identifies the area subject to the
Riparian Area Management Plan;
c. A prohibition on golf courses, tennis courts, swimming pools, marinas, ski runs or other
developed recreational uses of similar intensity within the area subject to the Riparian
Area Management Plan. Low intensity recreational uses such as bicycle, equestrian and
pedestrian trails, and wildlife viewing areas located to minimize impact to the identified
riparian resources may be permitted;
d. A prohibition on off-road motor vehicle use within the area subject to the Riparian Area
Management Plan.
e. Measures to preserve, protect and enhance the identified riparian resources shall include:
i. A description of the required measure and its purpose;
ii. Performance standards for the measure's success;
iii. Contingent mitigation if monitoring reveals that performance standards are not
satisfied;
iv. Who is responsible for implementing the actions required by the measure;
v. Where the measure is to take place;
vi. When must each measure be implemented; and
vii. Who will monitor the measure and how and when monitoring will occur.
16. For those Cluster Developments that include a Riparian Area Management Plan, the area
requiring a Riparian Area Management Plan shall be contained in one or more lots designated
as open space on the plat of the subdivision and held in common ownership of a
homeowner's association of the development. This open space shall count towards any
open space requirements for Cluster Developments.
(Ord. 2018-005 §15, 2018; Ord. 2015-016 §8, 2015; Ord. 2004-024 §2, 2004; Ord. 95-075 §1,
1995; Ord. 93-005 §11, 1993; Ord. 91-020 §1, 1991)
18.128.210. Planned Development.
B. The conditional use may be granted upon the following findings:
9. For Planned Developments containing or adjacent to rivers, lakes or streams, in addition
to compliance with other applicable zone development restrictions, uses and activities
must be consistent with a required Riparian Area Management Plan. The Riparian Area
Page 1 of 2 EXHIBIT "0" TO ORDINANCE 2018-005
Management Plan shall preserve, protect and enhance riparian resources, be prepared by
a wildlife biologist, and include the following:
a. An inventory of riparian resources within or adjacent to the Planned Development;
b. A map showing the inventoried riparian resources that identifies the area subject to
the Riparian Area Management Plan;
c. A prohibition on golf courses, tennis courts, swimming pools, marinas, ski runs or
other developed recreational uses of similar intensity within the area subject to the
Riparian Area Management Plan. Low intensity recreational uses such as bicycle,
equestrian and pedestrian trails, and wildlife viewing areas located to minimize
impact to the identified riparian resources may be permitted;
d. A prohibition on off-road motor vehicle use within the area subject to the Riparian
Area Management Plan.
e. Measures to preserve, protect and enhance the identified riparian resources shall
include:
i. A description of the required measure and its purpose;
ii. Performance standards for the measure's success;
iii. Contingent mitigation if monitoring reveals that performance standards are not
satisfied;
iv. Who is responsible for implementing the actions required by the measure;
v. Where the measure is to take place;
vi. When must each measure be implemented; and
vii. Who will monitor the measure and how and when monitoring will occur.
10. For those Planned Developments that include a Riparian Area Management Plan, the area
requiring a Riparian Area Management Plan shall be contained in one or more lots
designated as open space on the plat of the subdivision and held in common ownership of
a homeowner's association of the development. This open space shall count towards any
open space requirements for Planned Developments.
(Ord. 2018-005 §15, 2018; Ord. 96-003 §9, 1996; Ord. 95-075 §1, 1995; Ord. 93-005 §11, 1993;
Ord. 91-020 §1, 1991)
Page 2 of 2 EXHIBIT "O" TO ORDINANCE 2018-005
FINDINGS
1. SUMMARY
Deschutes County, through Ordinance No. 2018-005, is amending the Deschutes County
Comprehensive Plan, Zoning Map, and Zoning Ordinance with the primary purpose of
changing the Flood Plain zone from primary zone to combining zone. The amendments also
incorporate provisions of the 2014 Oregon Model Flood Damage Prevention Ordinance, address
inconsistencies created by the conversion to a combining zone, correct errors, and add
provisions for cluster and planned developments on property that contains flood plain
zoning. The amendments do not affect the mapped FEMA flood plain boundary or the
standards applicable to most development within the Area of Special Flood Hazard (aka 100 -
year flood plain).
The current flood plain zone was adopted through Ordinance No. 88-030. Since adoption,
there have been several amendments to the flood plain zone addressing allowed uses and
applicable standards. In addition, over the last decade there have been amendments to the
Comprehensive Plan adding a Tumalo Community Plan and Newberry Country Plan.
II. BACKGROUND AND INTENT
a. Statement Of The Problem To Solved
Deschutes County presently has mapped the Floodplain Zone as a base zone, which is
unusual in Oregon and presents a number of administrative difficulties. In order to
understand these difficulties, some background in the National Flood Insurance Program
(NFIP), Deschutes County's use of base and combining zones, and how Deschutes County
has implemented its regulatory scheme are needed.
i. National Flood Insurance Program (NFIP)
The National Flood Insurance Program (NFIP) is based on a mutual agreement between the
Federal Government and Deschutes County. Federally backed flood insurance is made
available in Deschutes County, provided that the County agrees to regulate development in
mapped floodplains. So long as Deschutes County does its part making sure future
floodplain development meets certain criteria, FEMA provides subsidized flood insurance for
properties in Deschutes County.
FEMA has prepared a floodplain map and developed flood hazard data for Deschutes
County. The NFIP underwrites flood insurance coverage only in those communities that
adopt and enforce floodplain regulations that meet or exceed NFIP criteria. The County's
floodplain regulations are designed to meet FEMA regulations and to ensure that new
Page 1 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
buildings will be protected from the flood levels shown on the FEMA -provided Flood
Insurance Rate Map (FIRM) and that development will not make the flood hazard worse.
Beginning in 1988 Deschutes County adopted the Flood Insurance Rate Map (FIRM) as the
Flood Plain Zone and also adopted Comprehensive Plan policies and implementing zoning
code to comply with FEMA requirements. These maps, policies, and zoning code have been
periodically updated to match the latest information and requirements provided by FEMA.
It is important to note that the FIRM maps and FEMA regulations explicitly recognize that the
mapped floodplain is subject to refinement. The map does not capture property -specific
topographic details and FEMA regulations allow the County to waive FEMA requirements,
such as special construction standards, where development is located above the Base Flood
Elevation.
ii. Deschutes County's Use of Base And Combining Zones
In Deschutes County, base zones are used to identify those uses that are appropriate to a
geographic area and provide standards for those uses. Base zone standards include outright
and conditional uses, minimum lot sizes, setbacks, height limitations and other similar
standards.
Combining zones are used to identify geographical areas that require special additional
considerations, frequently for special protection of Goal 5 resources such as wildlife, scenic
corridors, or surface mining impact areas. The combining zones may intersect a number of
base zones and are intended to modify the standards in the underlying base zones.
The Floodplain Zone is unusual in that it has some characteristics of a base zone and some
characteristics of a combining zone. Like a base zone, some uses, such as docks, are unique
to the zone. Like a combining zone, special requirements modify general requirements for
residential and non-residential construction, earthmoving, and specific use requirements.
Originally, Deschutes County uniquely implemented the Flood Plain Zone as a base zone,
assigning uses and providing use standards, such as construction specifications, minimum
lot areas, and setbacks.
iii. Regulatory Scheme
When Deschutes County implemented the Flood Plain Zone as a base zone, two difficulties
were created. The first was caused by the fact that few properties are entirely within the
Flood Plain Zone. Specifically, the Code does not explicitly explain how to deal with land
divisions of split zoned properties. County land use decisions over time demonstrate a lack
of consistency when it comes to approaching this issue. The long-standing, prevalent
practice was to allow land divisions where the minimum lot size was met for the non -Flood
Plain Zone, with no regard for the Flood Plain Zone acreage standards. The record includes
Page 2 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
nine (9) land use decisions for split -zone land divisions including Flood Plain zoning that
demonstrate this long-standing practice. In each case, the Flood Plain zoned acreage was
added to the non -Flood Plain Zone to calculate minimum lot sizes and, where applicable,
open space requirements. In effect, these decisions treat the Flood Plain zone like an overlay
zone, which thereby would not impose acreage standards in land divisions. However, use
specific standards, like special construction standards ' from the Flood Plain Zone were
imposed on development subject to flood hazard. As discussed below, these decision
demonstrate that the County's long-standing practice was to treat the Flood Plain zone like
an overlay zone.
More recently, in County File No. 247 -15 -000195 -TP, the Hearings Officer found that
Deschutes County Code requires, "...the minimum lot size required for a new lot or parcel in
the pertinent zone must be met entirely within that zone." This decision marked a significant
departure from the long-standing practice to split zoned properties including Flood Plain
zoning, as shown in the decisions cited -above. Because most split -zoned floodplain
properties in Deschutes County only have a narrow river -adjacent fringe of floodplain,
almost no properties have the required 10 -acres (for exception lands) or 80 -acres (for
resource zoned lands) of Flood Plain zoned land necessary for a land division. Thereby, the
Hearings Officer's aforementioned decision serves almost as a moratorium for land division
involving Flood Plain acreage.
Under the current Hearings Officer's ruling, a parcel with 100 acres of Rural Residential Zone
(10 acre minimum lot size) and 1 acre of Flood Plain zone becomes wholly indivisible due to
the failure to have 10 acres of Flood plain zoned lands. In practice, this ruling precludes
division of almost all river -adjacent properties, regardless of size because the floodplain is
predominantly a narrow, river -adjacent strip in Deschutes County. A major reason for this
proposed amendment is to restore the divisibility of river -adjacent properties to align with
the County's long-standing practice.
A second difficulty stemming from treating the Flood Plain Zone as a base zone stems from
the fact that the floodplain is poorly defined. As noted above, the FIRM maps and FEMA
regulations explicitly recognize that the mapped floodplain is subject to refinement. When
a property -specific topography survey demonstrates that a property or development site is
wholly above the base flood elevation, FEMA does not require implementation of physical
precautions, such as special construction standards.
Ideally, Flood Plain zoned lands identified as above the based flood elevation would
automatically be rezoned to the adjacent non -Flood Plain zoning, as they are not subject to
the hazard which is the basis of the zone. Unfortunately, rezoning is an expensive and
cumbersome process and many properties that have been found upon detailed survey to be
free of flooding hazard nonetheless, remain Flood Plain zoned. This amendment fixes that
problem by making the Flood Plain a Plain Combining Zone with expressed provision that
Page 3 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
relieve properties that have been identified according to FEMA regulations to be free of
flooding hazard from unnecessary and ill-suited regulatory burdens.
b. Intent
The proposed amendments are intended to address the split -zoning and floodplain
boundary problems described above while continuing to protect significant Goal 5 natural
resources. These amendments will streamline the County's administration of FEMA's
requirements and codify the long-standing County practice to the division of properties
containing some Flood Plain zoned lands. In addition, this amendment incorporates
updated provisions found in the 2014 Oregon Model Flood Damage Prevention Ordinance.
Finally, this amendment adds additional riparian habitat protections for cluster and planned
unit subdivisions adjacent to rivers in response to public and Planning Commission concerns
regarding potential impacts from these developments.
It is also the intent of this amendment to clarify that the primary purpose of the
comprehensive plan and zoning provisions relating to the floodplain is to promote the public
health, safety, and general welfare, and to minimize public and private losses due to flood
conditions in specific areas through specific methods of reducing flood losses, as required
by FEMA and the NFIP. The Flood Plain Zone has and will continue to provide a secondary
benefit as part of a variety of interlocking provisions that protect and limit developability of
riparian habitat.
This amendment is not intended to and does not allow new or different development of
Flood Plain zoned lands when compared to the County's long-standing practice. Outside of
riparian protections in cluster and planned unit development, which are hereby enhanced,
the following provisions remain unchanged:
1) No creation of development sites in the floodplain by land division.
2) No changes are proposed to the 100 -foot structural setback from the ordinary
high water mark of rivers.
3) No changes are proposed to the scenic protections for rivers in the Landscape
Management Combining Zone.
4) No change to DCC 18,128.270(D)(2)(e), which requires any wetland or riverbank
impacts have to be fully mitigated, as evaluated by ODFW.
5) No change to the requirement that cluster developments in designated wildlife
habitat must continue to retain a minimum of 80% open space and satisfy specific
conditional use permit criteria.
6) No change to the requirement that all new construction, expansion or substantial
improvement of an existing dwelling, an agricultural related structure, a
commercial, industrial or other non-residential structure, or an accessory building
in a designated flood plain obtain a conditional use permit.
Page 4 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
At times through the public process, opponents to this amendment either misunderstood or
misrepresent the intent and effect of this amendment. To the extent this amendment
facilitates division of river -adjacent lands, it only codifies the long-standing regulatory
practice of Deschutes County. No new direct impacts to the floodplain or associated riparian
habitats are authorized by this amendment. Within the context of Deschutes County's
ongoing commitments to riparian protection listed above, there is neither evidence in the
record that river -adjacent land divisions would cause any direct impacts to riparian habitat
nor evidence that riparian habitats would be harmed by indirect impacts from nearby
development outside of the Flood Plain zone.
III. IS A GOAL 5 CONFLICTING USE ANALYSIS REQUIRED?
a. Background
OAR chapter 660, division 023, requires the County to conduct an analysis of the Economic,
Social, Environmental and Energy (ESEE) consequences of allowing, limiting or prohibiting
uses that conflict with an inventoried significant natural resource. A detailed response to
the rules under OAR 660-23 is presented below. Public comment from opponents argued
that a conflicting use' analysis was required. However, the County finds that there is no
conflicting use in this case. This amendment aligns the code with the long-standing
interpretation and implementation of existing code provisions. Thereby, as described below,
there are no new conflicting uses allowed under this amendment.
Opponents have argued that "[t]he minimum lot size of the floodplain zone is part of the
acknowledged program to achieve Deschutes County's goal of protecting riparian and
wetland habitat." For this, they cite to Ordinance 92-014, Comprehensive Plan - Fish &
Wildlife Chapter, at page 75:
Title 18.96, Flood Plain Zone - protects riparian habitat and wetlands by
requiring a conditional use for any development. One of the specific purposes
of the zone is to conserve riparian areas and maintain fish and wildlife
resources. The Flood Plain zone also regulates docks and piers and requires a
finding that the structure will not cause the deterioration of destruction of
wildlife habitat.
With regard to the Floodplain, no mention is made of minimum lot sizes. What is discussed
are acreage standards in Wildlife Area Combining Zones, which will remain in full effect
under the currently proposed amendments:
1 OAR 660-023-0010(1) defines a "Conflicting use" as a "land use, or other activity reasonably and customarily
subject to land use regulations, that could adversely affect a significant Goal 5 resource (except as provided in OAR
660-023-0180(1)(b)). Local governments are not required to regard agricultural practices as conflicting uses."
Page 5 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
Opponents have also stated that "[a]n ESEE analysis is required to consider the effect
fragmenting the Goal 5 -listed habitats by dropping the minimum lot size, thereby allowing a
higher density of structures in riparian areas and wetlands." The aforementioned statement
demonstrates that opponents plainly misunderstand how the overlapping protections for
river adjacent lands work in the Deschutes County Code. While parcelization of river
adjacent lands would make possible new upland homesites, new homesites in the floodplain
and within 100' feet of rivers will continue to be prohibited. As discussed above, outside of
riparian protections in cluster and planned unit development which are enhanced by this
amendment, the following provisions remain unchanged:
1) No creation of development sites in the floodplain by land division.
2) No changes are proposed to the 100 -foot structural setback from the ordinary
high water mark of rivers.
3) No changes are proposed to the scenic protections for rivers in the Landscape
Management Combining Zone.
4) No change to DCC 18,128.270(D)(2)(e), which requires any wetland or riverbank
impacts have to be fully mitigated, as evaluated by ODFW.
5) No change to the requirement that cluster developments in designated wildlife
habitat must continue to retain a minimum of 80% open space and satisfy specific
conditional use permit criteria.
6) No change to the requirement that all new construction, expansion or substantial
improvement of an existing dwelling, an agricultural related structure, a
commercial, industrial or other non-residential structure, or an accessory building
in a designated flood plain obtain a conditional use permit.
Opponents also expressed misplaced concern for potential impacts to the threatened
Oregon Spotted Frog (Rana pretiosa). The United States Fish and Wildlife Service notes that
"[t]his species is always found in or near a perennial body of water, such as a spring, pond,
lake, sluggish stream, irrigation canal, or roadside ditch."' This species is not dependent on
upland areas, beyond 100 feet from rivers that would potentially be parcelized under this
amendment. Moreover, as shown in the matrix below, there is no evidence that such
development would impact this species or any other Goal 5 significant natural resource.
2 https://www.fws.gov/wafwo/articles.cfm?id=149489589
Page 6 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
Table 1
USES AND
REGULATION
PRIMARY ZONE - Current
COMBINING ZONE - Proposed
Permitted
Uses
• Permits specific uses outright.
• Permits boundary fencing explicitly
permitted outright in association with
agricultural uses as long as fence limits
impediment of floodwater and flood
carried material.
• Permits uses allowed outright in the
underlying primary zone that do not
constitute "flood plain development." 3
• Permits uses determined to be located
outside the Special Flood Hazard Area
and exempts said uses from FP zone
standards.
• Fencing: Permits any open fencing that
is placed in the floodplain but outside
the floodway, provided there is no
grading required to place the fence is
permitted outright.
• Includes reference to fill and removal
activities already allowed DCC 18.120
for clarity.
Conditional
Uses
• Permits specific conditional uses.
Included are not permitted in the
adjacent primary zones -
• Permits "All new construction,
expansion or substantial improvement
of an existing dwelling, an agricultural
related structure, a commercial,
industrial or other non-residential
structure, or an accessory building."
• Standards of DCC 18.128, Conditional
Uses, are applicable to all conditional
uses.
• Permits conditional uses allowed in the
underlying primary zone.
• Explicitly permits "flood plain
development" as a conditional use.
• Explicitly permits conditional uses
currently allowed that are specific to
the flood plain zone (e.i. bridge, work in
bed and bancs of waterway, boar dock,
etc).
• Standards of DCC 18.128, Conditional
Uses, remain applicable to all
conditional uses.
Land Division
(Partition/
Subdivision)
• Must comply with all applicable
minimum lot sizes if split zoned. (e.i. RR-
10/FP requires the RR -10 areas are 10
acres and the FP areas are 10 acres)
based on Hearings Officer
interpretation.
• Minimum lot size shall be 10 acres for
all areas which have received an
exception to the Statewide Planning
Goals for resource uses (e.i. RR -10,
MUA-10). Areas which have not
received an exception to the Statewide
Planning Goals shall have a minimum
lot size of 80 acres (i.e. EFU, F-1, F-2).
• Must provide area for development
outside of flood plain zone.
• Must comply with the underlying
primary zone minimum lot size. (e.i. RR-
10/FP requires the RR -10 together with
FP are 10 acres.)
Must provide area for development
outside of flood plain zone.
3 DCC 18.0.030 states that "'Flood plain development means any man made change to improved or unimproved
real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations, or storage of equipment or materials located within the area of special flood
hazard"
Page 7 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
USES AND
REGULATION
PRIMARY ZONE - Current
COMBINING ZONE - Proposed
Cluster
Development/
Planned
Development
Not permitted.
•
•
•
Permitted as conditional use if allowed
in the underlying primary zone.
Riparian Area Management Plan is
required.
Development within open space is
limited.
Development in FP requires conditional
use permit for "flood plain
development."
Must provide area for residential
development outside of FP zone.
Flood Plain
Development
•
Not Specified. Permits individual
conditional uses.
Conditional use standards of DCC
18.128 will apply.
Permitted as conditional use applying
broadly to uses that meet the definition
of "flood plain development."
Conditional use standards of DCC
18.128 will apply.
Single Family
Dwelling
Permitted conditional use.
Permitted conditional use as "flood
plain development" if allowed in the
underlying zone.
Commercial
Development
Permitted conditional use even in areas
where adjacent zoning is residential or
resource.
Conditional Use as "flood plain
development" if permitted in the
underlying primary zone.
Provides exemption to the flood
proofing and flood elevation
requirements of DCC 18.96.080(G)(1)
with specific design and use
requirements.
Small
Accessory
Structures
(<200 sq ft)
Required to comply with all applicable
residential construction standards of
DCC 18.96.080(G)(1).
Yard and
Setback
Requirements
Standards specific to the zone.
Requires compliance with the more
restrictive standard of either the FP or
underlying primary zone.
Dimensional
Standards
Standards specific to the zone.
Minimum lot size is 10 acres for all areas
which have received an exception to the
Statewide Planning Goals for resource
uses and 80 acres for areas which have
not received an exception to the
Statewide Planning Goals. This is
recognition there is a relationship with
other primary zone the area.
As a conditional use, DCC 18.96.040(1)
permits "All new construction,
expansion or substantial improvement
of an existing dwelling, an agricultural
related structure, a commercial,
industrial or other non residential
structure, or an accessory building."
This is comprehensive allowing many
uses that may not otherwise be
permitted in the adjacent primary zones
and may not be compatible with
Standards established in the underlying
primary zone to which the FP Zone is
combined.
Permitted uses will be limited to those
permitted in the underlying primary
zone. Further, most development within
the floodplain zone will "flood plain
develop," a conditional use. This.
configuration will be far more limiting
than may otherwise have previously
been permitted as noted in the previous
column.
Other New
Development
Page 8 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
USES AND
REGULATION
PRIMARY ZONE - Current
COMBINING ZONE - Proposed
intended use of the general area as
specified in the com.rehensive plan.
Combining
Zones;
Mapped
Wetlands
•
•
Where zoned or mapped, the provisions
of Wildlife Area (WA) and Landscape
Management (LM) Combining zones and
protection of mapped wetlands are
applicable.
The standards of the WA and LM
Combining zones and the protective
standards for mapped wetlands
implement measures to comply with the
requirements of Goal 5.
•
•
Where zoned or mapped, the
provisions of Wildlife Area (WA) and
Landscape Management (LM)
Combining zones and protection of
mapped wetlands are applicable.
The standards of the WA and LM
Combining zones and the protective
standards for mapped wetlands
continue to implement measures to
comply with the requirements of Goal
5.
IV. PROPOSED AMENDMENTS
The proposed amendment is detailed in Exhibits A-0 of Ordinance 2018-005. Maps shown
in Exhibits A and F identify the map and text changes in the remaining exhibits, identified by
underline for new text and Etrikethro ugh for deleted text. Below are explanations of the
proposed changes.
A. Comprehensive Plan Amendments
Text Amendment to Comprehensive Plan, Chapter 2, Section 2.5 - Water Resources.
The proposed amendment includes the addition of the flood plain zone purpose statement.
The statement identifies the purpose is to promote the public health, safety, and general
welfare, and minimize losses due to flood conditions in specific areas and secondary benefits
include riparian area conservation for fish and wildlife and preservation of significant scenic
and natural resources. The amendment also changes the flood plain from primary zone to
combining zone. (See Exhibit C)
Chapter 2, Section 2.5 - Water Resources, previously did not include a purpose statement for
the Flood Plain zone. This amendment includes adoption of the "Statement of Purpose" from
the 2014 Oregon Model Flood Damage Prevention Ordinance. The adoption of the model code
provisions, including this purpose statement, was recommend by the Oregon Department
of Land Conservation and Development (DLCD). The Flood Plain zone is intended to be
responsive to NFIP requirements as well as state guidance and recommendations on the
implementation of these requirements.
The adopted text also states that the Flood Plain zone, "...provides secondary benefits
including riparian area conservation along rivers and streams for fish and wildlife and
preservation of significant scenic and natural resources". This is to acknowledge that the
Page 9 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
Flood Plain zone includes requirements that have incidental benefits to riparian habitats and
scenic resources, including but not limited to:
1) Requiring consideration of "natural resources" as part of conditional use review.
All "Flood plain development" is conditional and thus subject to this requirement.
2) Prohibiting development in the floodplain where non -floodplain sites are
available on-site. As most Flood Pain zoned lands are wholly mapped as
floodplain, this typically pushes developments back from rivers and riparian
habitats.
While these benefits are not insignificant, the primary protection of riparian natural and
scenic resources is implemented by 100 -foot structural setbacks from rivers; wetland
regulations that also protect the bed and banks of rivers; and the scenic provision of the
Landscape Management Combining Zone.
As described above, the Comprehensive Plan is being amended to recognize both the
primary purpose of the floodplain zone (reduce the risk of property loss) as well as secondary
benefits to riparian habitat. It is the nature of the national flood insurance program and the
need to ensure consistency with state/federal regulations, which thereby suggest that
riparian protection is best understand as a secondary benefit.
Text Amendment to Comprehensive Plan, Appendix B - Tumalo Community Plan.
The proposed text and map amendments remove reference to the flood plan
comprehensive plan designation because the flood plain will no longer be a primary zone.
Included is a reference to the flood plain zone purpose statement and secondary benefit to
riparian area conservation and preservation of significant scenic and natural resources in
Section 2.5. The amendment also changes the flood plain from primary zone to combining
zone. (See Exhibit D)
Text and Map Amendment to Comprehensive Plan, Newberry County: A Plan for
Southern Deschutes County.
The proposed text and map amendments remove reference to the flood plan
comprehensive plan designation because the flood plain will no longer be a primary zone.
Included is a reference to the flood plain zone purpose statement and secondary benefit to
riparian area conservation and preservation of significant scenic and natural resources in
Section 2.5. The amendment also changes the flood plain from a primary to combining
zone. (See Exhibits E and F)
B. Zone Change
Deschutes County Zoning Map Amendment
Page 10 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
The proposed zoning map amendment changes the flood plain from primary zone to
combining zone. Conversely, the primary zone for the areas previously zoned flood plan is
amended to reflect the corresponding comprehensive plan designation and primary zoning
of adjacent areas. Where the comprehensive plan designation is not identified, the nearest
and most similar zoning has been applied. (See Exhibit A)
C. Title 18, Zoning Text Amendments
Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS
The proposed amendments incorporate terminology related to current best practices
included in the 2014 Oregon Model Flood Damage Prevention Ordinance. Also included are
"housekeeping" amendments updating references to the current ordinance adopting the
new Flood Insurance Rate Maps (FIRM) and the change of the flood plain from primary zone
to combining zone. (See Exhibit H)
Chapter 18.12. ESTABLISHMENT OF ZONES
The amendment changes the flood plain from primary zone to combining zone. (See Exhibit
I)
Chapter 18.61. URBAN UNINCORPORATED COMMUNITY ZONE - LA PINE
The amendment changes the flood plain from primary zone to combining zone. (See Exhibit
j
Chapter 18.96. FLOOD PLAIN ZONE
The proposed amendments include:
• Section 18.96.010. Purposes.
o Changes the flood plain from primary zone to combining zone.
• Section 18.96.020. Purposes.
o Changes the flood plain from primary zone to combining zone.
• Section 18.96.030. Uses Permitted Outright
Within the floodplain itself, all of the allowed uses and relating standards are relatively
similar under the proposed code as before, ad documented in Table 1.
o 18.936.030(A): Specifies the underlining primary zone to determine those uses
permitted outright in the zone.
Page 11 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
o 18.96.030(B): Specifies additional uses explicitly permitted outright in the zone.
o 18.96.030(B)(10): Lists the fill and removal activities identified in Deschutes County
Code (DCC)18.120.050, Fill and Removal Exceptions, that are permitted outright in
the zone.
o 18.96.030(6)(11): Provides exception to flood plain zone standards if the location
of development is located within the boundary of the Flood Plain Combining Zone
but determined to be located outside of the Area of Special Flood Hazard (aka 100 -
year flood plain).
o 18.96.030(B)(12): Allows any open fencing that is placed in the floodplain but
outside the floodway, provided there is no grading required to place the fence.
• Section 18.96.040. Conditional Uses Permitted
It may appear that there are additional uses permitted outright, however as
documented by Table 1 above, the additions are not in reality a change from the
current zoning scheme or otherwise does not potentially allow a "conflicting use."
o 18.96.040(A): Specifies the underlining primary zone determines uses permitted
as conditional uses in the zone.
o 18.96.040(B): Specifies a use permitted in Chapter 18.96 that includes "flood plain
development," as defined in Title 18, is a conditional use.
o 18.96.040(C): Identifies conditional uses specifically permitted in the zone.
• Section 18.96.070. Application for Conditional Use
o 18.96.070(A): Provides exception to the submission of flood elevation data if the
proposal expressly precludes residential and non-residential construction in the
flood plain area and reflects the change of the flood plain from primary zone to
combining zone.
• Section 18.96.080. Criteria to Evaluate Conditional Uses
o 18.96.080(A): Changes the flood plain from primary zone to combining zone.
o 18.96.080(B): Clarifies other state and federal agencies that are involved in the
alteration and relocation of a water course shall be notified.
o 18.96.080(D)(3): Provides reference that on-site waste disposal systems shall be
located consistent with the Oregon Department of Environmental Quality as
specified in Oregon Administrative Rule (OAR) 340-071.
Page 12 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
o 18.96.080(E)(4): Provides exception to the submission of flood elevation data if the
proposal expressly precludes residential and non-residential construction in the
flood plain area.
o 18.96.080(G): Changes the flood plain from primary zone to combining zone.
o 18.96.080(G)(2): Requires a comprehensive Maintenance Plan for nonresidential
construction and an Emergency Action Plan (EAP) for the installation and sealing
of the structure.
o 18.96.080(G)(3): Provides Relief from elevation or floodproofing requirements for
small accessory structures that are less than 200 square feet in area, one story,
not temperature controlled, not used for human habitation, and several other use
and design standards. This recognizes that the risk to human safety and property
loss is relatively low for these structures and the additional design and cost
associated with elevation and floodproofing is not warranted under these specific
conditions and criteria.
o 18.96.080(G)(4) Reformats the standards applicable to manufactured dwellings
and the section is renumbered due to addition of new section (G)(3).
o 18.96.080(G)(5): Renumbered due to addition of new section (G)(3).
o 18.96.080(G)(6): Renumbered due to addition of new section (G)(3).
o 18.96.080(G)(7): Requires construction of new critical facilities shall be, to the
extent possible, located outside the limits of the Area of Special Flood Hazard.
"Critical Facility," as proposed, means a facility for which even a slight chance of
flooding might be too great. Critical facilities include, but are not limited to
schools, nursing homes, hospitals, police, fire and emergency response
installations, installations that produce, use or store hazardous materials or
hazardous waste. The purpose of this amendment is to prevent loss of or damage
to these critical facilities due to flooding and increase likelihood the facilities are
available during and after a flood event.
o 18.96.080(G)(8): Relocates standards applicable to incidental storage of materials
or equipment from section 18.96.040 and regulates the use as "flood plain
development," a conditional use.
• 18.96.090: Specifies the more restrictive yard and setbacks requirements of the flood
plain combining zone or the underlying primary zone(s) shall apply.
Page 13 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
• 18.96.110: Specifies the dimension standards of the underlying primary zone(s) shall
apply.
(See Exhibit K)
Chapter 18.113. DESTINATION RESORTS ZONE
Changes the flood plain from primary zone to combining zone. (See Exhibit L)
Chapter 18.116. SUPPLEMENTARY PROVISIONS
Changes the flood plain from primary zone to combining zone. (See Exhibit M)
Chapter 18.124. SITE PLAN REVIEW
• 18.124.030: Changes the flood plain from primary zone to combining zone. (See
Exhibit N)
Chapter 18.28. CONDITIONAL USE
• 18.128.200(6)(15): Requires a management plan for the "Riparian Area" as part of any
cluster development of property adjacent to a river, lake, or stream. The riparian area
management plan provides additional preservation, protection, and enhancement
for these sensitive areas by limiting development, uses, and alterations to the land.
A wildlife biologist shall prepare the plan.
• 18.128.200(6)(16): Requires area requiring a Riparian Area Management Plan
contained in one or more lots designated as open space on the plat of the
subdivision and held in common ownership of a homeowner's association of the
development. The amendment also specifies the open space can count towards
any open space requirements for Cluster Developments.
• 18.128.210(6)(9): Requires a management plan for the "Riparian Area" as part of any
planned development of property adjacent to a river, lake, or stream. The riparian
area management plan provides additional preservation, protection, and
enhancement for these sensitive areas by limiting development, uses, and alterations
to the land. A wildlife biologist shall prepare the plan.
• 18.128.210(6)(10): Requires area requiring a Riparian Area Management Plan
contained in one or more lots designated as open space on the plat of the subdivision
and held in common ownership of a homeowner's association of the development.
The amendment also specifies the open space can count towards any open space
requirements for Planned Developments.
Page 14 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
(See Exhibit 0)
IV. REVIEW CRITERIA
Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative
plan and text amendment. Nonetheless, because this is a Deschutes County initiated
amendment, the County bears the responsibility for justifying that the amendments are
consistent with the Statewide Planning Goals and its Comprehensive Plan.
V. APPLICABLE CRITERIA
A. CHAPTER 22.12, LEGISLATIVE PROCEDURES
1. Section 22.12.010.
Hearing Required
FINDING: The Deschutes County Planning Commission held public hearings on April 13,
2017, and December 14, 2017. A public hearing before the Board of County Commissioners
(Board) was held on November 8, 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: Notice was published in the Bend Bulletin newspaper on April 2, 2017 and
December 3, 2017 for the Planning Commission hearings and on October 29, 2017, for the
Board hearing. The notice contained the information described in DCC 22.12.020(A)(2).
B. Posted Notice. Notice shall be posted at the discretion of the Planning
Director and where necessary to comply with ORS 203.045.
FINDING: This criterion is met with notices posted on the bulletin board in the lobby of the
Deschutes County Community Development Department, 117 NW Lafayette, Bend.
Page 15 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
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: Individual notice was not initiated or required. Individual postcards were mailed
to all private property owners with flood plain zoned property to inform them of the
proposed changes with an invitation to scheduled open houses. Open houses were held at
various locations throughout the county prior to the formal legislative process.
D. Media notice. Copies of the notice of hearing shall be transmitted to
other newspapers published in Deschutes County.
FINDING: This criterion has been met as notice was provided to the County public
information official for wider media distribution.
3. Section 22.12.030 Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals upon
payment of required fees as well as by the Board of County Commissioners.
FINDING: This criterion is met as the application was initiated by the Deschutes County
Planning Division at the direction of the Board.
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 is met as the Planning Commission held public hearings on April 13,
2017, and December 14, 2017. The Board held its public hearing on November 8, 2017.
8. 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: This criterion is met as the initial Planning Commission public hearing preceded
the Board public hearing.
5. Section 22.12.050 Final Decision
Page 16 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
All legislative changes shall be adopted by ordinance
FINDING: Land use applications 247-17-000140-ZC, 247 -17 -000141 -PA, and 247 -17 -000142 -
TA are implemented by ordinance 2018-005. This criterion is met.
B. Statewide Planning Goals
The parameters for evaluating these specific amendments are based on an adequate factual
base and supportive evidence demonstrating consistency with Statewide Planning Goals.
The following findings demonstrate that Ordinance No. 2018-005 complies with applicable
statewide planning goals and state law.
• Goal 1, Citizen Involvement, is met through this adoption process because these
amendments received public hearings before the Planning Commission and the
Board, consistent with ORS 215.060 and DCC 22.12.010. In addition, open houses
were held throughout the county prior to the formal legislative process was initiated.
• Goal 2, Land Use Planning, is met because ORS 197.610 allows local governments
to initiate post acknowledgments plan amendments (PAPA). An Oregon Department
of Land Conservation and Development 35 -day notice was initiated on March 8, 2017,
and later amended on October 24, 2017. This FINDINGS document provides the
adequate factual basis and documented analysis for the zone change, plan
amendment, and zoning text amendment.
• Goal 3, Agricultural Lands, is not applicable because no changes to the EFU zone
are proposed.
• Goal 4, Forest Lands, is not applicable because no changes to the F-1 and F-2 zones
are proposed.
Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces:
As described in detail above, the County did not do an ESEE analysis because this
amendment does not allow new uses that could be conflicting. Within the floodplain
itself, all of the allowed uses and relating standards are relatively similar under the
proposed code as before. Finally, regarding split zoned properties, the proposed
code is consistent with the County's past interpretation.
Local governments are required to apply Goal 5 to a PAPA when the amendment
allows a new use and the new use "could be" a conflicting use with a particular Goal
5 resource site on an acknowledged resource list.4
Comments received argue development options in the areas upland and outside of
the flood plain combining zone, the open space for Cluster and Planned
Developments, and removal of the 80 -acre minimum parcel size represent conflicting
uses.
4 OAR 660-023-0250(3)(b)
Page 17 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
Finding: Upland development is not located within the flood plain combining zone
and any uses, including those associated with cluster and planned development,
including open space requirements and new land divisions, will be subject to the
applicable standards of the zone that continue to limit the type and extent of
development disturbance within the zone. Therefore, no conflicting uses are included
in these amendments.
Economic, Social, Environmental, and Energy Analysis
As described in detail above, the County did not do an ESEE analysis because this
amendment does not allow new uses that could be conflicting. Within the floodplain
itself, all of the allowed uses and relating standards are relatively similar under the
proposed code as before. Finally, regarding split zoned properties, the proposed
code is consistent with the County's past interpretation.
660-23-0030 - Inventory Goal 5 Resources
Finding: During periodic review, Deschutes County adopted Ordinance No. 92-041
and 92-042 concurrently to address fish and wildlife protection. These ordinances
amended the Wildlife Chapter of the Comprehensive Plan and established DCC 18.88,
Wildlife Area Combining Zone. Ordinance 92-041 adopted deer winter range,
antelope and elk habitat boundaries based on an Economic, Social, Environmental
and Energy (ESEE) analysis. In addition, Ordinance 92-042 acknowledged the
following ordinances, along with the Landscape Management Combining Zone, the
Oregon State Scenic Waterway and the Federal Wild and Scenic designations
implement measures to protect fish and waterfowl habitat in the Deschutes River, its
tributaries and inventories lakes:
• Ordinance No. 86-018 amended Ordinance No. PL - 15 to prohibit
hydroelectric facilities in designated stretches of the Deschutes River and its
tributaries, and to allow hydroelectric facilities in designated stretches of the
Deschutes River and its tributaries, and to allow hydroelectric facilities as
conditional uses in designated zones and stretches of the Deschutes River.
(DCC 18.96 and 18.116.130 and 18.128.040(W)).
• Ordinance No. 86-053 amended PL - 15 requirements for rimrock setbacks.
(Title 18, all zones).
• Ordinance No. 86-054 amended Ordinance No. PL -15 to require conservation
easements as a condition of approval for land use actions on property
adjacent to certain rivers and streams. (DCC 18.116.310, Deschutes County
Code).
Page 18 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
• Ordinance No. 86-056 amended Ordinance No. PL -15 to require a conditional
use permit for any fill and removal, including removal of vegetation, within the
bed and banks of any stream or wetland. The bed and banks of a stream is
defined to include 10 feet on either side of the container of the waters of a
stream. (DCC 18.128.040(W)).
• Ordinance 88-031 amended PL - 15 to establish a new Flood Plain zone and
use restrictions. (DCC 18.96)
• Ordinance 89-009 established specific restrictions for boat docks, slips, piers
or houses in the Flood Plain zone. DCC 18.96 and 18.116.070. All zones in Title
18 have a stream setback provision to protect fish and wildlife areas. The
setback requirement is 100 feet from the ordinary high water mark along all
streams or lakes. The provision applies to all structures and sewage disposal
installations. DCC 18.84, Landscape Management Zone requires retention of
existing vegetation to screen development form the river or stream. The
retention of vegetation can provide a buffer between development and the
nesting and feeding sites of waterfowl.
• Ordinance 89-030 amended the Deschutes County Comprehensive Plan for
Flood Hazard zones.
• Ordinance 92-040 added the following policy to the Fish and Wildlife policies
of the Deschutes County Year 2000 Comprehensive Plan: The county shall
work with the Oregon Department of Fish and Wildlife (ODFW) and the
Deschutes Basin Resource Committee to review existing protection of riparian
and wetland area vegetation and recommend comprehensive plan and
ordinance amendments, if necessary, by December 31, 1993.
• Ordinance 92-042 adopted the Sensitive Bird and Mammal Habitat Combining
Zone, DCC18.90. This zone insures that sensitive habitat areas identified in the
County's Goal 5 sensitive bird and mammal inventory as critical for the survival
of the northern bald eagle, great blue heron, golden eagle, prairie falcon,
osprey, great grey owl, and the Townsend's big -eared bat are protected from
the effects of conflicting uses or activities which are not subject to the Forest
Practices Act.
Ordinance 92-045 adopted the U. S. Fish and Wildlife Service National
Wetlands Inventory maps for Deschutes County as the inventory of wetlands
in the county.
Based on the ordinances listed above, Deschutes County continues to protect
significant Goal 5 resources in riparian and wetland areas. These protections include,
Page 19 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
but are not limited to, a 100 -foot setback from and conservation easements along
select rivers and streams, protections of mapped wetland, limitations on
development in the flood plain, and landscape management design review.
If development is located within the flood plain combining zone, there are specific
standards that mitigate development impacts on riparian ecosystems and wetlands.
In addition, cluster and planned developments require the majority of the property
be retained as open space and a riparian area management plan to provide additional
protection, preservation, and enhancement of the sensitive areas.
660-023-0250 - Applicability
(2) The requirements of this division are applicable to PAPAs initiated on or after
September 1, 1996. OAR 660, Division 16 applies to PAPAs initiated prior to
September 1, 1996. For purposes of this section "initiated" means that the local
government has deemed the PAPA application to be complete.
Finding: Deschutes County initiated a PAPA in 2017. This rule applies.
(3) Local governments are not required to apply Goal 5 in consideration of a PAPA
unless the PAPA affects a Goal 5 resource. For purposes of this section, a PAPA
would affect a Goal 5 resource only if:
(b) The PAPA allows new uses that could be conflicting uses with a particular
significant Goal 5 resource site on an acknowledged resource list;
Finding: Deschutes County is amending the Comprehensive Plan, Zoning Map, and
Title 18. The amendments convert the flood plain zone to combining zone, adopt
provisions of the 2014 Oregon Model Flood Damage Prevention Ordinance, address
inconsistencies created by the conversion to a combining zone, correct errors, and
add provisions for cluster and planned developments on property that contains flood
plain zoning. Deschutes County is therefore required to apply Goal 5 in consideration
of this PAPA.
As described in detail above, the County did not do an ESEE analysis because this
amendment does not allow new uses that could be conflicting. Within the floodplain
itself, all of the allowed uses and relating standards are relatively similar under the
proposed code as before, ad documented in Table 1. Finally, regarding split zoned
properties, the proposed code is consistent with the County's past interpretation.
660-23-0040 - ESEE Decision Process
(1) Local governments shall develop a program to achieve Goal 5 for all significant
resource sites based on an analysis of the economic, social, environmental, and
Page 20 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
energy (ESEE) consequences that could result from a decision to allow, limit, or
prohibit a conflicting use.
(a) Identify the conflicting uses;
(b) Determine the impact area;
(c) Analyze the ESEE consequences;
(d) Develop a program to achieve Goal S.
Finding: Deschutes County has already developed a program to achieve Goal 5 for
significant sites related to fish and wildlife habitat and scenic view protections. This
amendment does not significant alter that existing program, nor does this
amendment give rise to a "new conflicting use" necessitating a new ESEE analysis.
• Goal 6, Air, Water and Land Resources Quality and Goal 7, Natural Hazards are
met because the County has other code provisions pertaining to development in the
flood plan combining zone that are designed to protect air, water and land resources
quality and to assure that they are not approved in areas subject to natural resources
and natural hazards.
• Goal 8, Recreational Needs, is not applicable because proposed changes are not
addressing a recreational use or need.
• Goal 9, Economic Development, is met because the development within the flood
plain combining zone remains available but limited. The amendments may result in
additional land divisions and related development but such opportunities are
extremely limited due to required minimum parcel sizes and existing development
patterns. In addition, the amendments will not result in significant industrial or
commercial developments due to rural zoning restrictions.
• Goal 10, Housing is not applicable because, unlike municipalities, unincorporated
areas are not obligated to fulfill certain housing requirements.
• Goal 11, Public Facilities is not applicable because the proposed changes are not
specific to a particular use. With that said, in the rural county development typically
relies on domestic wells and onsite wastewater treatment systems. A Goal 11
exception would be required for a centralized sewer system.
• Goal 12, Transportation, is addressed during land use review for a development
proposal. The County has a code provision that pertains to Traffic Impact Studies, DCC
18.116.310 and a Board Resolution, 2013-020, which sets a transportation system
development charge rates of $3,937 per peak hour trip.
Page 21 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
• Goal 13, Energy Conservation, is addressed during land use review for development
and compliance with applicable zoning and development standard and application of
the Uniform Building Code.
• Goal 14, Urbanization, is not applicable because no expansion of an urban area is
proposed with these amendments.
• Goals 15 through 19 are not applicable to any amendments to the County's
comprehensive plan because the county has none of those types of lands.
B. Deschutes County Comprehensive Plan
Chapter 2, Resource Management
Section 2.5, Water Resources
2.5.10 Support educational efforts and identify areas where the County could provide
information on the Deschutes River ecosystem, including rivers, riparian areas,
floodplains and wetlands.
a. Explore methods of ensuring property owners know and understand regulations
for rivers, riparian areas, floodplains and wetlands.
FINDING: The amendment process provided an opportunity to ensure property owners
know and understand development regulations as they pertain to riparian areas, floodplains,
and wetlands. Individual postcards were mailed to all private property owners with flood
plain zoned property to inform them of the proposed changes and scheduled open houses.
Open houses were held at various locations throughout the county prior to the formal
legislative process. Staff presented an overview of the proposed amendments and
administration of the flood plain zone.
2.5.16 Use a combination of incentives and/or regulations to mitigate development
impacts on river and riparian ecosystems and wetlands.
FINDING: The flood plain combining zone limits development and establishes standards to
mitigate impacts. DCC 18.96.060(B) requires that no new construction of a dwelling,
accessory structure or farm use structure shall be located in the flood plain unless it can be
demonstrated that no alternative exists that would allow the structure to be placed outside
of the flood plain. If development is located within the flood plain combining zone, there are
specific standards that mitigate development impacts on riparian ecosystems and wetlands.
In addition, cluster and planned developments require the majority of the flood plain be
retained as open space and a riparian area management plan to provide additional
protection, preservation, and enhancement of the sensitive areas.
Section 2.6, Wildlife
Page 22 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
2.6.4 Support incentives for restoring and/or preserving significant wildlife habitat by
traditional means such as zoning or innovative means, including land swaps,
conservation easements, transfer of development rights, tax incentives or purchase
by public or non-profit agencies.
FINDING: Cluster and planned unit developments that include flood plain zoning are
required to provide a riparian area management plan. The provision of the riparian area
management plan, along with the required open space, allow the development to have a
greater unit density in return for great flood plain protection. This additional density is an
incentive to provide protections and open space, managed by a home owners association,
than otherwise required.
Section 2.7, Open Spaces, Scenic Views and Site
2.7.4 Encourage new development to be sensitive to scenic views and sites.
FINDING: The setback standards for the flood plain and landscape management combining
zones require a 100 -foot buffer adjacent to the river. A cluster or planned development
require a riparian area management plan and open space managed by a home owners
association. Both of these requirements provide additional riparian and wetland
preservation, protection, and enhancement by limiting incidental impacts.
2.7.6 Review County Code and revise as needed to protect open space and scenic views
and sites, including:
b. Work with private property owners to provide incentives and mitigations for
protecting visually important areas from development impacts.
e. Review County Code for ways to mitigate for developments that significantly
impact scenic views.
FINDING: The setback requirements of the flood plain zone remain with the conversion to
a combining zone. The building heights allowed for development within the flood plain
combining zone will be determined by the primary zone of the property. These standards,
along with the setback standards associated with the landscape management and wildlife
area combining zones, protect open space and scenic views and sites. In addition, cluster
and planned developments require the majority of the flood plain be retained as open space
with a riparian area management plan. These two mechanisms provide additional
protection, preservation, and enhancement of sensitive riparian and wetland areas.
Chapter 3, Resource Management
Section 3.3, Rural Housing
3.3.4 Encourage new subdivisions to incorporate alternative development patterns, such
as cluster development, that mitigate community and environment impacts.
Page 23 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
FINDING: The amendment allows cluster and planned developments on properties that are
located in the flood plain combining zone if the primary zone permits such development.
Cluster and planned developments require the majority of the flood plain be retained as
open space with a riparian area management plan. These two mechanisms provide
additional protection, preservation, and enhancement of sensitive riparian and wetland
areas.
Section 3.5, Natural Hazards
3.5.10 Regulate development in designated floodplain identified on the Deschutes County
Zoning Map based on Federal Emergency Management Act regulations.
a. Participate in and implement the Community Rating System as part of the
National Flood Insurance Program.
FINDING: The flood plain combining zone will continue regulating and restricting
development within its boundary. The amendment incorporates provisions of the 2014
Oregon Model Flood Damage Prevention Ordinance. Administration of the flood plain
combining zone demonstrates the County's commitment to participation and
implementation of the County Rating System as part of the National Flood Insurance
Program.
3.5.11 Review and revise County Code as needed to:
f. Make the Floodplain Zone a combining zone and explore ways to minimize and
mitigate floodplain impacts.
FINDING: The amendment makes the flood plain zone a combining zone. Development
options will continue to be limited. If development in the flood plain combining zone is
proposed, there are specific and strict development standards to minimize and mitigate
floodplain impacts. The standards include flood elevation, flood proofing, additional
setbacks, and other design elements. In addition and as previously noted, cluster and
planned developments are required to provide a riparian area management plan for
additional protection, preservation, and enhancement of sensitive riparian and wetland
areas.
Page 24 of 24 EXHIBIT "P" TO ORDINANCE 2018-005
VIEWED
LEGA COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County
Code Title 18, Deschutes County Zoning, and
Title 23, the Deschutes County Comprehensive
Plan, Changing the Flood Plain Zone to a
Combining Zone and Incorporating Related Text
Amendments.
ORDINANCE NO. 2018-005
WHEREAS, the Deschutes County Community Development Department (CDD) proposed a zone
change (file no. 247-17-000140-ZC) to DCC Title 18, Deschutes County Zoning Map, to change the Flood
Plain Zone from a primary zone to a combining zone; and
WHEREAS, as a related matter, the Deschutes County CDD initiated amendments (Planning
Division File No. 247 -17 -000141 -PA) to the Deschutes County Comprehensive Plan, Chapter 2, Resource
Management, Appendix B, Tumalo Community Plan, Appendix D, Newberry Country Plan, and Appendix
5.4, Newberry Country Zoning Map; and
WHEREAS, as a related matter, the Deschutes County CDD last initiated amendments (Planning
Division File Nos. 247 -17 -000142 -TA) to Deschutes County Code ("DCC") Title 18, County Zoning; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on April
13, 2017, and December 14, 2017, and forwarded to the Deschutes County Board of County Commissioners
("Board"), a recommendation of approval; and
WHEREAS, the Board considered these changes during a duly noticed public hearing on November
8, 2017; and
WHEREAS, the Board deliberated on the amendments on March 19, 2018, April 2, 2018, and
September 12, 2018, and concluded that the public will benefit from the proposed changes; 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 Flood Plain ("FP") to Flood Plain Combining for certain property depicted on the maps set forth as Exhibit
"A", attached hereto and by this reference incorporated herein.
Section 2. AMENDMENT. DCC 23.01.010, Introduction, is amended to read as described in
Exhibit "B," attached hereto and by this reference incorporated herein, with new language underlined.
///
PAGE 1 OF 3 - ORDINANCE NO. 2018-005
Section 3. AMENDMENT. Deschutes County Comprehensive Plan Chapter 2, Resource
Management, 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 strikethreugh.
Section 4. AMENDMENT. Deschutes County Comprehensive Plan Appendix B, Tumalo
Community Plan, is amended to read as described in Exhibit "D," attached hereto and by this reference
incorporated herein, with new language underlined and language to be deleted in ctrikethrough.
Section 5. AMENDMENT. Deschutes County Comprehensive Plan Appendix D, Newberry
Country Plan, is 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 stfikethreugh.
Section 6. AMENDMENT. Deschutes County Comprehensive Plan Appendix 5.4, Newberry
Country Zoning Map, is amended to remove the Flood Plain ("FP") zone designation for certain property
depicted on the map set forth as Exhibit "F", attached hereto and by this reference incorporated herein.
Section 7. AMENDMENT. Deschutes County Comprehensive Plan Chapter 5, Supplementary
Sections, is amended to read as described in Exhibit "G," attached hereto and by this reference
incorporated herein, with new language underlined and language to be deleted in ctrikethrough.
Section 8. AMENDMENT. DCC 18.04.030, Definitions, is amended to read as described in
Exhibit "H," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in 3tri'��.
Section 9. AMENDMENT. DCC 18.12.010, Establishment of Zones, is amended to read as
described in Exhibit "I," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in strikethrough.
Section 10. AMENDMENT. DCC 18.61.030, La Pine Planning Area, is amended to read as
described in Exhibit "J," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in ctrikethrough.
Section 11. AMENDMENT. DCC 18.96.010, Purposes, 18.96.020, Designated Areas,
18.96.030, Uses Permitted Outright, 18.96.040, Conditional uses permitted, 18.96.070, Application for
Conditional Use, 18.96.090, Yard and Setback Requirements, and 18.96.110, Dimensional Standards, are
amended to read as described in Exhibit "K," attached hereto and by this reference incorporated herein,
with new language underlined and language to be deleted in ctrikethrough.
Section 12. AMENDMENT. DCC 18.113.060, Standards for Destination Resorts, is amended to
read as described in Exhibit "L," attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in st-piketlffetigh.
Section 13. AMENDMENT. DCC 18.116.260, Rock Crushing Outside the SM Zone, and
18.116.270, Conducting Filming Activities in All Zones, are amended to read as described in Exhibit
"M," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in strikethrough.
/1/
PAGE 2 OF 3 - ORDINANCE NO. 2018-005
Section 14. AMENDMENT. DCC 18.124.030, Approval Required, is amended to read as
described in Exhibit "N," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in ctrilcethrough.
Section 15. AMENDMENT. DCC 18.128.200, Cluster Development (Single Family Residential
Uses Only), and 18.128.210, Planned Development, are amended to read as described in Exhibit "0,"
attached hereto and by this reference incorporated herein, with new language underlined and language to
be deleted intrik�_.
Section 16. FINDINGS. The Board adopts as its findings Exhibit "P", attached and incorporated
by reference herein.
Section 17. 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 becomes
effective on
Dated this of , 2018 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
PHILIP G. HENDERSON, Vice Chair
ATTEST: TAMMY BANEY, Commissioner
Recording Secretary
Date of 1st Reading: day of , 2018.
Date of 2nd Reading: day of , 2018.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Anthony DeBone
Philip G. Henderson
Tammy Baney
Effective date: day of , 2018.
PAGE 3 OF 3 - ORDINANCE NO. 2018-005