2019-476-Ordinance No. 2019-016 Recorded 12/3/2019Recorded in Deschutes County CJ2019-476
Nancy Blankenship, County Clerk 12/03/2019 2:03:33 PM
REVIEWED Commissioners' Journal
w�
LEG COUNSEL �� 2019-476
TIT
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 * ORDINANCE NO. 2019-016
Deschutes County Comprehensive Plan, to
incorporate DLCD's 2014 Model Flood Ordinance
language.
WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments
(Planning Division File No. 247-19-000530-TA/533-PA) to the Deschutes County Comprehensive Plan,
Chapter 2, Resource Management, to establish a purpose statement for the role of the Flood Plain Zone, and to
the Deschutes County Code (DCC) Title 18, Chapters 18.04 Definitions, 18.96 Flood Plain Zone Chapter; and
WHEREAS, the Deschutes County Planning Commission considered this matter after a duly notice
public hearing on August 8, 2019, with continuations to September 12, 2019, and September 26,2019 and
reviewed the proposed changes on October 10, 2019 and forwarded to the Deschutes County Board of County
Commissioners (`Board"), a recommendation of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on November 6, 2019,
and concluded that the public will benefit from the proposed changes to the Deschutes County Comprehensive
Plan, Chapter 2, and Deschutes County Code ("DCC") Title 18.
NOW, THEREFORE,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 18.04.030, is amended to read as described in Exhibit "A", attached
hereto and by this reference incorporated herein, with new language underlined and language to be deleted in
tfiketh g
Section 2. AMENDMENT. DCC 18.96, is amended to read as described in Exhibit "B", attached
hereto and by this reference incorporated herein, with new language underlined and language to be deleted in
Section 3. AMENDMENT. DCC Title 23.01.010, Introduction, 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 stfiketlffetig .
PAGE 1 OF 2 - ORDINANCE NO. 2019-016
Section 4. AMENDMENT. Deschutes County Comprehensive Plan Chapter 2, Resource
Management, 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 s4iket' fough.
Section 5. AMENDMENT. Deschutes County Comprehensive Plan Chapter 5.12, Supplementary
Section – Legislative History, 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 stroke
Section 6. FINDINGS. The Board adopts as its findings in support of this decision, Exhibit "F",
attached and incorporated by reference herein.
IV r�
Dated this t. -D of N�O)!
ZONING TEXT AMENDMENTS — EXHIBIT A
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-2rade crawl space" means an enclosed area below the base flood elevation in which the
interior rade is not more than two feet below the lowest adjacent exteriorrg ade and the he_�ht.
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 toogreat.
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.
8--034-2007-019.
"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. 8-S-0342007-019.
"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, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the ti„t-eash inarket
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 defmition, "substantial improvement" is considered to occur when the first
alteration of any wall, ceiling, floor or other structural part of the building commences, whether
Page 1 of 2 EXHIBIT "A" TO ORDINANCE 2019-016
or not that alteration affects the external dimensions of the structure. 44w-term--dees-3et-,
h �
The term does not however, include either:
A. Anv Droiect for unprovement of a structure to correct existing violations of state or local health,
sanitary or safety code specifications which have been identified by the local code enforcement
official and which are the minimum 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 provided that the alteration will not preclude the structure's
designation as a `historic structure'.
(Ord. 2019-016 §1, 2019; 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 §l, 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 §§l, 2, and 3, 1994; Ord. 93-
043 §§1, 1 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 §l, 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 "A" TO ORDINANCE 2019-016
ZONING TEXT AMENDMENTS - EXHIBIT B
Chapter 18.96. FLOOD PLAIN ZONE - FP
18.96.010.
Purposes.
18.96.020.
Designated Areas.
18.96.030.
Uses Permitted Outright.
18.96.040.
Conditional Uses Permitted.
18.96.050.
Prohibited Uses.
18.96.060.
Limitations on Conditional Uses.
18.96.070.
Application for Conditional Use.
18.96.080.
Criteria to Evaluate Conditional Uses.
18.96.085.
Elevation Certification.
18.96.090.
Yard and Setback Requirements.
18.96.100.
Stream Setback.
18.96.110.
Dimensional Standards.
18.96.120.
Warning and Disclaimer of Liability.
18.96.130
Interpretation of FIRM Boundaries
18.96.140
Use Variances.
18.96.080. Criteria to Evaluate Conditional Uses.
A. A conditional use permit in a Flood Plain 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.
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 a eg ncies 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 fmdings 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.
Page 1 of 6 EXHIBIT "B" TO ORDINANCE 2019-016
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.
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 crawlspace is allowed subject to the standards in FEMA Technical Bulletin 1I-
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
developments that expressly preclude 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.)
G. Specific Standards. In the Flood Plain 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 base flood elevation.
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 Of 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.
Page 2 of 6 EXHIBIT "B" TO ORDINANCE 2019-016
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 base flood elevation, 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 floodproofmg 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
floodproofmn, 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 Small Accessory Structures Relief from elevation or floodproofin as s required in (G)(1) or
(G)(2) above mawrg anted 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;
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 includingthe he 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 trade or floor immediately below the opening; ana
Page 3 of 6 EXHIBIT "B" TO ORDINANCE 2019-016
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.
43. Manufactured Dwellings.
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 Home 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.
.,r-vrr r; t a he�ie�s
VV-cr-vii-a-pe�Tnuiz� ' -n rxu�crxv—n^��ve�,-izv-�t>, z:c--rii-cci-iciiucc�ni-c.-a.
t 1 r F t 1, t1 1. 11 a 1 r' C 1 f
54. 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.
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.
Page 4 of 6 EXHIBIT "B" TO ORDINANCE 2019-016
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.
in. 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.
6-5. 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. Flood -proofing 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 Enviromnental 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. Storage of material or equipment incidental to an established primary use on the property
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 equipment stored shall include only items which will not create a hazard to the
health or safes 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. 2019-016 $2, 2019; 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 5 of 6 EXHIBIT "B" TO ORDINANCE 2019-016
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.
Where Flood Plain zoned land has been recognized as above the base flood elevation in a FEMA
Letter of Map Change uses and structures on such land shall be exempt from 18.96.080(D);
18.96.080(E); 18.96.080(G)(1), (2), and (3); _18.96.080M, and 18.96.085.
(Ord. 2019-016§2, 2019; Ord. 2007-019 §2, 2007)
Page 6 of 6 EXHIBIT "B" TO ORDINANCE 2019-016
Chapter 23.01 COMPREHENSIVE PLAN
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 amendments, adopted by the Board in Ordinance
2011-027, are incorporated by reference herein.
C. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-005, are incorporated by reference herein.
D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-012, are incorporated by reference herein.
E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-016, are incorporated by reference herein.
F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-002, are incorporated by reference herein.
G. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-009, are incorporated by reference herein.
H. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-012, are incorporated by reference herein.
I. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-007, are incorporated by reference herein.
J. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-005, are incorporated by reference herein.
K. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-006, are incorporated by reference herein.
L. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-012, are incorporated by reference herein.
M. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-021, are incorporated by reference herein.
N. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-027, are incorporated by reference herein.
O. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-021, are incorporated by reference herein.
P. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-029, are incorporated by reference herein.
Q. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-018, are incorporated by reference herein.
R. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-010, are incorporated by reference herein.
S. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-001, are incorporated by reference herein.
T. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-022, are incorporated by reference herein.
U. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-005, are incorporated by reference herein.
Chapter 23.01 (3/2019)e
EXHIBIT "C" TO ORDINANCE 2019-016
V. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-027, are incorporated by reference herein.
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
2018-006, are incorporated by reference herein.
AA. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-011, are incorporated by reference herein.
BB. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-005, are incorporated by reference herein.
CC. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-008, are incorporated by reference herein.
DD. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-002, are incorporated by reference herein.
EE. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-001, are incorporated by reference herein.
FF. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-003, are incorporated by reference herein.
GG. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-004, are incorporated by reference herein.
HH. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-011, are incorporated by reference herein.
II. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-006, are incorporated by reference herein.
JJ The Deschutes County Comprehensive Plan amendments adopted by the Board in Ordinance
2019-016 are incorporated by reference herein.
(Ord. 2019-016 §3, 2019; Ord. 2019-006 § 1, 2019; Ord. 2019-011 § 1, 2019; Ord. 2019-004 §1,
2019; Ord. 2019-003 §1, 2019; Ord. 2019-001 §1, 2019; Ord. 2019-002 §1, 2019; Ord. 2018-008 §1,
2018; Ord. 2018-005 §2, 2018; Ord. 2018-011 §1, 2018; Ord. 2018-006 §1, 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)
Chapter 23.01 (3/2019)e
EXHIBIT "C" TO ORDINANCE 2019-016
EXHIBIT D: COMPREHENSIVE PLAN AMENDMENTS
Sect%ovi, 2.5 WRter R.esou.rces
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 zoned Flood Plain by 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 "D" TO ORDINANCE 2019-016
Federal Emergency Management Agency Maps
The Federal Emergency Management Agency (FEMA) maps flood -plains adjacent tothe
following rivers and streams in Deschutes County. The floodplain along these rivers and
streams iorecognized inoFlood Plain zone bythe County.
Table 2.5.6 - Fl«»odplains Adjacent to Rivers and Streams
0 Deschutes River 0 Long Prairie
0 Little Deschutes River 0 Dry River
• Crooked River 0 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).
from the 2014 DLCD Model Flood Ordinance,
The purpose of the Zone is to continue Drornotin2 Dublic health, safety, and general welfare,
and minimize losses due to flood conditions in specific areas. It is designed to:
(1) 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.
(5) Minimize dama
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 develODment of areas
of special flood, hazard so as to minimize future flood blight areas;
(7) Ensure that.potential buyers are notified that DrODerty 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 Zone also provides riparian area conservation along inventoried rivers and streams for fish
and wildlife and preservation of significant scenic and natural resources. Comprehensive plan
policies for Water Resources (Section 2.5), Wildlife Resources (Section 2.6), Open SDace and
Scenic Views and Sites Resources (Section 2.7), and the corresponding development standards
in Title 18 implement protectio.ns pertaining to Goal 5.
[}smCHuTESCOUNTY COMPREHENSIVE PLAN –2O||
CHAPTER 2RESOURCE MANAGEMENT REFERENCES
EXHIBIT ^D^TOORDINANCE IO|9'8|6
SCctiow 5.22 l_eqisl,Gtt%V2 I-t-istorU
Background
This section contains the legislative history of this Comprehensive Plan.
Table S. 12.1 Comprehensive Plan Ordinance History
Ordinance
Date Adopted/
Chapter/Section
Amendment
Effective
All, except
Transportation, Tumalo
and Terrebonne
2011-003
8-10-1 1/ 1 1-9-1 1
Community Plans,
Comprehensive Plan update
Deschutes Junction,
Destination Resorts and
ordinances adopted in
2011
2.5, 2.6, 3.4, 3.10, 3.5,
Housekeeping amendments to
2011-027
10-31-1 1 / 1 1-9-1 1
4.6, 5.3, 5.8, 5.1 1,
23.40A, 23.40B,
ensure a smooth transition to
23.40.065, 23.01.010
the updated Plan
23.60, 23.64 (repealed),
Updated Transportation
2012-005
8-20-12/11-19-12
3.7 (revised), Appendix C
System Plan
(added)
2012-012
8-20-12/8-20-12
4.1, 4.2
La Pine Urban Growth
Boundary
Housekeeping amendments to
2012-016
12-3-12/3-4-13
3.9
Destination Resort Chapter
Central Oregon Regional
2013-002
1-7-13/1-7-13
4.2
Large -lot Employment Land
Need Analysis
Comprehensive Plan Map
Amendment, changing
designation of certain
2013-009
2-6-13/5-8-13
1.3
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan Map
2013-012
5-8-13/8-6-13
23.01.010
Amendment, including certain
property within City of Bend
Urban Growth Boundary
Newberry Country: A Plan
2013-007
5-29-13/8-27-13
3.10, 3.1 1
for Southern Deschutes
County
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
EXHIBIT "E' TO ORDINANCE 2019-016
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
EXHIBIT "E' TO ORDINANCE 2019-016
Comprehensive Plan Map
2013-016
10-21-13/10-21-13
23.01.010
Amendment, including certain
property within City of Sisters
Urban Growth Boundary
Comprehensive Plan Map
2014-005
2-26-14/2-26-14
23.01.010
Amendment, including certain
property within City of Bend
Urban Growth Boundary
2014-012
4-2-14/7-1-14
3.10, 3.1 1
Housekeeping amendments to
Title 23.
Comprehensive Plan Map
Amendment, changing
designation of certain
2014-021
8-27-14/11-25-14
23.01.010, 5.10
property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
Comprehensive Plan Map
Amendment, changing
designation of certain
2014-021
8-27-14/11-25-14
23.01.010, 5.10
property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
Comprehensive Plan Map
Amendment, changing
2014-027
12-15-14/3-31-15
23.01.010, 5.10
designation of certain
property from Agriculture to
Rural Industrial
Comprehensive Plan Map
Amendment, changing
2015-021
11-9-15/2-22-16
23.01.010
designation of certain
property from Agriculture to
Surface Mining.
Comprehensive Plan Map
Amendment, changing
2015-029
11-23-15/11-30-15
23.01.010
designation of certain
property from Tumalo
Residential 5 -Acre Minimum
to Tumalo Industrial
2015-018
12-9-15/3-27-16
23.01.010, 2.2, 4.3
Housekeeping Amendments
to Title 23.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
EXHIBIT "E' TO ORDINANCE 2019-016
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
EXHIBIT "E' TO ORDINANCE 2019-016
Comprehensive Plan Text and
2015-010
12-2-15/12-2-15
2.6
Map Amendment recognizing
Greater Sage -Grouse Habitat
Inventories
Comprehensive Plan Map
Amendment, changing
2016-001
12-21-15/04-5-16
23.01.010; 5.10
designation of certain
property from, Agriculture to
Rural Industrial (exception
area)
Comprehensive Plan
Amendment to add an
exception to Statewide
2016-007
2-10-16/5-10-16
23.01.010; 5.10
Planning Goal I I to allow
sewers in unincorporated
lands in Southern Deschutes
County
Comprehensive Plan
Amendment recognizing non -
2016 -005
11-28-16/2-16-17
23.01.010, 2.2, 3.3
resource lands process
allowed under State law to
change EFU zoning
Comprehensive plan
2016-022
9-28-16/11-14-16
23.01.010, 1.3, 4.2
Amendment, including certain
property within City of Bend
Urban Growth Boundary
Comprehensive Plan Map
Amendment, changing
2016-029
12-14-16/12/28/16
23.01.010
designation of certain
property from, Agriculture to
Rural Industrial
Comprehensive Plan Map
Amendment, changing
2017-007
10-30-17/10-30-17
23.01.010
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan
2018-002
1-3-18/1-25-18
23.01, 2.6
Amendment permitting
churches in the Wildlife Area
Combining Zone
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
EXHIBIT "E' TO ORDINANCE 2019-016
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION S.12 LEGISLATIVE HISTORY
EXHIBIT "E' TO ORDINANCE 2019-016
Housekeeping Amendments
correcting tax lot numbers in
Non -Significant Mining Mineral
2018-006
8-22-18/11-20-18
23.01.010, 5.8, 5.9
and Aggregate Inventory;
modifying Goal 5 Inventory of
Cultural and Historic
Resources
Comprehensive Plan Map
Amendment, changing
2018-011
9-12-18/12-11-18
23.01.010
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan Map
Amendment, removing Flood
23.01.010, 2.5, Tumalo
Plain Comprehensive Plan
2018-005
9-19-18/10-10-18
Community Plan,
Designation; Comprehensive
Newberry Country Plan
Plan Amendment adding Flood
Plain Combining Zone
purpose statement.
Comprehensive Plan
Amendment allowing for the
2018-008
9-26-18/10-26-18
23.01.010, 3.4
potential of new properties to
be designated as Rural
Commercial or Rural
Industrial
Comprehensive Plan Map
Amendment changing
designation of certain
property from Surface Mining
2019-002
1-2-19/4-2-19
23.01.010, 5.8
to Rural Residential Exception
Area; Modifying Goal 5
Mineral and Aggregate
Inventory; Modifying Non -
Significant Mining Mineral and
Aggregate Inventory
Comprehensive Plan and Text
2019-001
1-16-19/4-16-19
1.3, 3.3, 4.2, 5.10, 23.01
Amendment to add a new
zone to Title 19: Westside
Transect Zone.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION S.12 LEGISLATIVE HISTORY
EXHIBIT "E' TO ORDINANCE 2019-016
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION S.12 LEGISLATIVE HISTORY
EXHIBIT "E' TO ORDINANCE 2019-016
Comprehensive Plan Map
Amendment changing
designation of certain
2019-003
02-12-19/03-12-19
23.01.010, 4.2
property from Agriculture to
Redmond Urban Growth
Area for the Large Lot
Industrial Program
Comprehensive Plan Map
Amendment changing
designation of certain
property from Agriculture to
2019-004
02-12-19/03-12-19
23.01.010, 4.2
Redmond Urban Growth
Area for the expansion of the
Deschutes County
Fairgrounds and relocation of
Oregon Military Department
National Guard Armory.
Comprehensive Plan Map
Amendment to adjust the
Bend Urban Growth
Boundary to accommodate
the refinement of the Skyline
Ranch Road alignment and the
2019-011
05-01- 19/05-16/ 19
23.01.010, 4.2
refinement of the West Area
Master Plan Area I boundary.
The ordinance also amends
the Comprehensive Plan
designation of Urban Area
Reserve for those lands
leaving the UGB.
Comprehensive Plan Map
Amendment, changing
2019-006
03-13-19/06-11-19
23.01.010,
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan and Text
amendments incorporating
language from DLCD's 2014
Model Flood Ordinance and
2019-016
11-25-19/02-24-20
23.01.010, 2.5
Establishing a purpose
statement for the Flood Plain
Zone.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION S.12 LEGISLATIVE HISTORY
EXHIBIT "E' TO ORDINANCE 2019-016
FINDINGS - MODEL FLOOD ORDINANCE
I. SUMMARY
Deschutes County, through File No. 247 -19 -000530 -TA / 533 -PA is amending the Deschutes
County Zoning Ordinance and Comprehensive Plan to incorporate text from the Department
of Land Conservation and Development (DLCD)'s 2014 Oregon Model Flood Damage Prevention
Ordinance. The purpose of incorporating these changes is to provide greater consistency
between local land use approvals and state requirements.
11. 2017-2018 FLOOD PLAIN AMENDMENT PROCESS
Between March 2017 and September 2018, Deschutes County planning staff initiated a Post
Acknowledgement Plan Amendment (PAPA) to DLCD related to flood plain amendments to
the County Comprehensive Plan and Zoning Ordinance. Staff conducted public outreach
through four open houses, five Planning Commission public hearings, two citizen
involvement meetings, and one Board of County Commissioners (Board) hearing.
On September 19, 2018, the Board adopted Ordinance 2018-005, reflecting large scale
changes to the Flood Plain Zone, including a proposal to change the Base Zone to a
Combining Zone, and proposed text changes to clarify procedures on cluster developments
and land divisions on property zoned Flood Plain.
The ordinance was then appealed to the Land Use Board of Appeals, on the basis that the
findings were incomplete and did not adequately address State Land Use Planning Goal 5,
among other less substantial issues. Prior to the LUBA hearing and in consultation with
County legal counsel, the Board found the need for substantial record additions. On May 8,
2019, the Board opted to repeal Ordinance No. 2018-005 (Ordinance 2019-010), and initiate
a new PAPA. This County initiated application is specific to the Model Flood Ordinance edits
to the Deschutes County Zoning Code and Comprehensive Plan.
111. 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 Flood Plains. So long as Deschutes County serves its role in ensuring future Flood
Plain development meets certain criteria, FEMA provides subsidized flood insurance for
properties in rural Deschutes County.
FEMA has prepared a Flood Plain map and flood hazard data for Deschutes County. The NFIP
underwrites flood insurance coverage only in those communities that adopt and enforce
Flood Plain regulations that meet or exceed NFIP criteria. The County's Flood Plain
Page 1 of 9 Exhibit F "FINDINGS" TO ORDINANCE 2019-016
regulations are designed to meet FEMA regulations and to ensure that new 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 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 Flood Plain
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.
IV. 2019 PROPOSED AMENDMENTS
The proposed amendment are included as Exhibits A -C. Text changes in the exhibits are
identified by underline for new text and strikethro ugh for deleted text. Below are
explanations of the proposed changes.
A. 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 (Exhibit A).
Chapter 18.96. FLOOD PLAIN ZONE
The proposed amendments in Exhibit B include:
• Section 18.96.080. Criteria to Evaluate Conditional Uses
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.
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.
Page 2 of 9 Exhibit F "FINDINGS" TO ORDINANCE 2019-016
o 18.96.080(6)(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.O80(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.O80(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 18.96.08O(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.
Section 18.96.130. Interpretation of FIRM Boundaries
o Exempts uses and structures determined to be outside of the Special Flood
Hazard Area from special construction standards.
Page 3 of 9 Exhibit F "FINDINGS" TO ORDINANCE 2019-016
B. Comprehensive Plan Amendments
Text Amendment to Comprehensive Plan, Chapter 2, Section 2.5 - Water Resources.
The proposed amendments (Exhibit C) 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.
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 recommended by DLCD. The Flood Plain
zone is intended to be responsive to National Flood Insurance Program (NFIP) requirements
as well as state guidance and recommendations on the implementation of these
requirements.
V. 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.
VI. APPLICABLE CRITERIA
A. CHAPTER 22.12, LEGISLATIVE PROCEDURES
1. Section 22.12.010.
Hearing Required
FINDING: This criterion will be met because a public hearing will be held before the
Deschutes County Planning Commission and Board of County Commissioners.
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.
Page 4 of 9 Exhibit F "FINDINGS" TO ORDINANCE 2019-016
FINDING: This criterion will be met by notice being published in the Bend Bulletin
newspaper.
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.
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: As this is a legislative process and is not property specific, individual notice is not
required. This criterion does not apply.
D. Media notice. Copies of the notice of hearing shall be transmitted to
other newspapers published in Deschutes County.
FINDING: Notice will be provided to the County public information official for wider media
distribution. This criterion has been met.
3. Section 22.12.030 Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals upon
payment of required fees as well as by the Board of County Commissioners.
FINDING: The application was initiated by the Deschutes County Planning Division at the
direction of the Board of County Commissioners, and has received a fee waiver. This
criterion has been met.
4. Section 22.12.040. Hearings Body
A. The following shall serve as hearings or review body for legislative
changes in this order.-
1.
rder.1. The Planning Commission.
2. The Board of County Commissioners.
B. Any legislative change initiated by the Board of County
Commissioners shall be reviewed by the Planning Commission prior to
action being taken by the Board of Commissioners.
Page 5 of 9 Exhibit F "FINDINGS' TO ORDINANCE 2019-016
FINDING: The Deschutes County Planning Commission held an initial public hearing on
August 8, 2019 and will provide a recommendation to the Board of County Commissioners.
The Board will then hold the second set of public hearings. These criteria will be met.
5. Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: The legislative changes included in file nos. 247 -19 -000530 -TA / 533 -PA will be
implemented by ordinance upon approval and adoption by the Board. This criterion will be
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 the proposed amendments comply with applicable
statewide planning goals and state law.
• Goal 1, Citizen Involvement
The adoption process for the proposed amendments will include public hearings
before the Planning Commission and the Board, consistent with ORS 215.060 and
DCC 22.12.010. This goal is met.
• Goal 2, Land Use Planning
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 July 3, 2019. This findings document provides the
adequate factual basis and documented analysis for the plan amendment and zoning
text amendments. This goal is met.
• Goal 3, Agricultural Lands
The proposed amendments add and clarify hazard mitigation measures for
development in the Flood Plain. No changes to the EFU zone are proposed. This goal
does not apply.
• Goal 4, Forest Lands
The proposed amendments add and clarify hazard mitigation measures for
development in the Flood Plain. No changes to the F-1 and F-2 zones are proposed.
This goal does not apply.
Page 6 of 9 Exhibit F "FINDINGS" TO ORDINANCE 2019-016
• Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces
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.' OAR 660-023-0240 "Relationship
of Goal 5 to Other Goals" establishes that the requirements of Goal 5 do not apply to
the adoption of measures required by Goals 6 and 7.
As the amendments are incorporating minor changes or clarifications to uses that are
currently allowed in the zone and adding additional requirements to ensure
development in the Flood Plain Zone is consistent with NFIP and DLCD requirements
per Goal 7, staff finds no Goal 5 resource will be negatively affected. Therefore, this
goal is met.
• Goal 6, Air, Water and Land Resources Quality
The Deschutes County Code contains numerous regulations pertaining to
development in the Flood Plain Zone that are designed to protect air, water and land
resources quality. These regulations will be altered using language from DLCD's 2014
Oregon Model Flood Damage Prevention Ordinance to establish greater consistency
between state and local regulations in the Flood Plain Zone. This goal is met.
• Goal 7, Natural Hazards
As previously stated, the purpose of the proposed amendments are to update the
Flood Plain Zone regulations to establish greater consistency between state and local
regulations in the Flood Plain Zone. These amendments are specifically related to
mitigation of natural hazards associated with flooding. This goal is met.
• Goal 8, Recreational Needs
The proposed amendments are not addressing a recreational use or need. Therefore,
this goal is not applicable.
• Goal 9, Economic Development
The proposed amendments incorporate requirements from DLCD's 2014 Oregon
Model Flood Damage Prevention Ordinance related to critical facilities, storage of
equipment, accessory structures and manufactured dwellings. These requirements
provide greater protection from flood damage and associated costs for property
owners. The proposed amendments do not limit any existing commercial or industrial
activities. This goal is met.
• Goal 10, Housing
Unlike municipalities, unincorporated areas in Deschutes County are not obligated to
fulfill certain housing requirements as detailed in Goal 10. Therefore, this goal does
not apply.
' OAR 660-023-0250(3)(b)
Page 7 of 9 Exhibit F "FINDINGS" TO ORDINANCE 2019-016
• Goal 11, Public Facilities
The proposed amendments provide requirements to uses that currently exist within
the Flood Plain Zone chapter of the Deschutes County Code. The proposed
amendments do not impact any existing public facilities nor do they substantiate a
need for the development of new public facilities. Therefore, this goal does not apply.
• Goal 12, Transportation
The proposed text amendments pertain to development standards for currently
allowed uses in the Flood Plain Zone for greater consistency between state and local
requirements and do not approve any specific development proposal or a new land
use. Development projects will be reviewed individually for compliance with the
Transportation Planning Rule. Therefore, this goal does not apply.
• Goal 13, Energy Conservation
The proposed text amendments alter countywide development standards for types
of projects in the Flood Plain Zone, that are currently allowed uses. No specific
development proposals are proposed. Any future site-specific application will be
required to demonstrate consistency with Goal 13. Therefore, this goal does not
apply.
• Goal 14, Urbanization
The purpose of Goal 14 is to direct urban uses to areas inside urban growth
boundaries. As proposed, these amendments do not seek to allow urban uses on
rural land, nor do they seek to expand an existing urban growth boundary, this goal
does not apply.
• Goals 15 through 19
Goals 15 through 19 are not applicable to any amendments to the County's
Comprehensive Plan as the County does not contain any of the relevant land types
included in the goals.
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.
Page 8 of 9 Exhibit F "FINDINGS" TO ORDINANCE 2019-016
FINDING: In order to ensure all interested persons are aware of the proposed changes, staff
will present an overview of the proposed amendments and administration of the Flood Plain
Zone during Planning Commission and Board work sessions and public hearings.
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 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 Zone, there are specific
standards that mitigate development impacts on riparian ecosystems and wetlands. The
proposed text amendments add additional regulations to ensure flood proofing, equipment
storage, critical facilities, and manufactured homes are compliant with state regulations. In
clarifying this consistent message, staff can administratively ensure development impacts
are mitigated through the land use review process.
Section 3.5, Natural Hazards
3.5. 10 Regulate development in designated floodplains 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 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 Zone demonstrates the
County's commitment to participation and implementation of the County Rating System as
part of NFIP.
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: Although the proposed amendments do not alter the Flood Plain Zone from a base
zone to a combining zone, the proposed amendments provide greater consistency with state
regulations through incorporation of text through DLCD's 2014 Oregon Model Flood Damage
Prevention Ordinance, which include additional requirements pertaining to critical facilities,
storage of equipment, accessory structures, and manufactured dwellings. The existing Flood
Plain protections will remain in place to ensure flood plain impacts are properly mitigated.
Page 9 of 9 Exhibit F "FINDINGS" TO ORDINANCE 2019-016