2019-488-Ordinance No. 2019-019 Recorded 12/13/2019REVIEWED
LEGAL OUNSEL
Recorded in Deschutes County CJ2019-488
Nancy Blankenship, County Clerk
Commissioners' Journal 12/13/2019 8:35:09 AM
co
2019-488
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. 2019-019
Deschutes County Comprehensive Plan, to
incorporate provisions related to division of certain
split zoned property containing Flood Plain zoning
and Declaring an Emergency.
WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments
(Planning Division File No. 247-19-000532-TA) to the Deschutes County Code (DCC) Title 18, 18.96 Flood
Plain Zone Chapter and Deschutes County Comprehensive Plan Chapter 2.5, Water Resources; and
WHEREAS, the Deschutes County Planning Commission considered this matter after a duly noticed
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 December 4, 2019,
and concluded that the public will benefit from the proposed changes to the Deschutes County Code ("DCC")
Title 18.
NOW, THEREFORE,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 18.96, 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
�vagxr
Section 2. AMENDMENT. DCC Title 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 and
language to be deleted in strike
Section 3. AMENDMENT. Deschutes County Comprehensive Plan Chapter 2.5 Water Resources, 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 st.:vo,�.
PAGE 1 OF 2 - ORDINANCE NO. 2019-019
Section 4. AMENDMENT. Deschutes County Comprehensive Plan Chapter 5.12, Supplementary
Section — Legislative History, 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 stfik�foughr
Section 5. FINDINGS. The Board adopts as its findings in support of this decision, Exhibit "E,"
attached and incorporated by reference herein.
Section 6. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an
emergency is declared to exist and this Ordinance takes effect on its passage.
Dated this �_ of ttA&4, 2019 BOARD OF COUNTY COMMISSIONERS
ATTES
Recording Secretary
OF DESCHUTES COUNTY, OREGON
PHILIP G. NDERSON, Chair
f
j pp r7
PATTI ADAIR, Vice Chair
ANTHO eBONE, Commissioner
Date of 1" Reading: ' � day of �,c�L, 2019.
Date of 2nd Reading: I day of p 't( , 2019.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Philip G. Henderson
Patti Adair
Anthony DeBone ✓_ _
Effective date: (� day of LG�I , 2019.
PAGE 2 OF 2 - ORDINANCE NO.2019-019
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.
18.96.150 Acreage Calculation for Partition or Subdivision of Certain Properties Containing
Flood Plain Zoned Lands
18.96.150. Acreage Calculation for Partition or Subdivision of Certain Properties Containing
Flood Plain Zoned Lands
Partitions of certain split -zoned properties are subiect to the following area calculation and configuration
standards.
A. Eli ig bility
1. Property contains two base zones, Flood Plain and Exclusive Fann Use; and
2. Property contains one Comprehensive Plan designation, Agricultural; and
3 Property is not located in a WA Combining Zone and does not contain significant riparian
habitat per Ordinance 94-007,
4 Property adjoins or was formerly adjacent to or bisected by an irrigation canal or lateral that
has been removed or piped; and
5 Parent roperty must meet the minitnum lot size requirements for partitions set forth in
18.16.055.
B. Procedure
1 The Flood Plain and Exclusive Fann Use zoned area shall be sunnned for the purposes of lot
area calculation.
2 The minimum lot size for new parcels resulting from such partitions shall be detennined by
applying the minimum parcel sizes of DCC 18.16.055 and 18.16.065.
3 All Flood Plain zoned lands from the parent lot or parcel must be contained within a single
partition parcel.
(Ord 2019-019 §1, 2019)
Chapter 18.12 1 (8/2008)
Exhibit "A" to Ordinance 2019-019
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 "B" to Ordinance 2019-019
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.
JI. _Tbe eSCI1l1jcS Flan amcnc�merrid,op by tl7c Board In Ordinance
2019-OILS, are incorpormed l y rCfCrcn(c 11CIVIIi,, - s, acd -
KIK. _I w Dcsclmlei Cotal_i_y C o np clrensivc Plan amcn.clnicInts, adoi e(i by ihe Boar(i In Ordinaixcic
20 1901 P, are; incorporawd- by refereslce liercir).
L1,. The DeSCIIntes County C'onjPr lj(."n k7C lslan an-tcndzncrits, adowed by the 13oar(l in Ordinance
2019.019, acre incorporated by rCI'ffGDGC he,rCin. - -
(Ord. 2019.0 (a §2,; 2019: Ciro. 2019-018 ; 26( 019-, Ord._2019-010 §3.,2-019:_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 "B" to Ordinance 2019-019
SeOt'OVI. 2.5 Water ReSORrces
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 "C" TO ORDINANCE 2019-019
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 Plain zone by the County.
Table 2.5.6 - Floodplains Adjacent to Rivers and Streams
• Deschutes River o Long Prairie
• Little Deschutes River o Dry River
• Whychus Creek o Spring River
• Crooked 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 2019 Deschutes County amended the Flood Plain Zone to define split zoned properties as
they exist in the Flood Plain Zone and created procedures to guide division of these split zoned
properties.
DESCHUTES COUNTY COMPREHENSIVE PLAN — 201
CHAPTER 2 RESOURCE MANAGEMENT REFERENCES
EXHIBIT "C" TO ORDINANCE 2019-019
sectCow �.22 Legis�at�ve I-i�stor�
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
201 1-003
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
201 1-027
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/ 1 1-19-12
3.7 (revised), Appendix C
System Plan
(added)
La Pine Urban Growth
2012-012
8-20-12/8-20-12
4.1, 4.2
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 "D" TO ORDINANCE 2019-019
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/ 1 1-25-14
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/ 1 1-25-14
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
1 1-9-15/2-22-16
23.01.010
designation of certain
property from Agriculture to
Surface Mining.
Comprehensive Plan Map
Amendment, changing
2015-029
1 1-23-15/ 1 1-30-15
23.01.010
designation of certain
property from Tumalo
Residential 5-Acre Minimum
to Tumalo Industrial
2015-018
12-9-15/3-27-I6
23.01.010, 2.2, 4.3
Housekeeping Amendments
to Title 23.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION S. 12 LEGISLATIVE HISTORY
EXHIBIT "D" TO ORDINANCE 2019-019
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
1 1-28- 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/ 1 1-14-16
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 "D" TO ORDINANCE 2019-019
Housekeeping Amendments
correcting tax lot numbers in
Non -Significant Mining Mineral
2018-006
8-22-18/ 1 1-20-18
23.01.010, 5.8, 5.9
and Aggregate Inventory;
modifying Goal 5 Inventory of
Cultural and Historic
Resources
Comprehensive Plan Map
Amendment, changing
2018-01 1
9-12-18/ 12-1 1-18
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 5.12 LEGISLATIVE HISTORY
EXHIBIT "D" TO ORDINANCE 2019-019
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
Redmond Urban Growth
2019-004
02-12-19/03-12-19
23.01.010, 4.2
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
2019-01 1
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
designation of certain
2019-006
03-13-19/06-1 1-19
23.01.010,
property from Agriculture to
Rural Residential Exception
Area
I t I -t e 4I :cif", z 11 h?i ( i (, �t
Iffoill [ 2014
,0 9.016
t 2cY E 9l0 2 20
1,. 0) 1
,C{ i c,,rnent for the s ioxa{I i 11i
DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
EXHIBIT "D" TO ORDINANCE 2019-019
relating 'cc,)
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DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
EXHIBIT "D" TO ORDINANCE 2019-019
FINDINGS -
LAND DIVISIONS OF SPLIT ZONED FLOOD PLAIN PROPERTIES
I. SUMMARY
Deschutes County, through File No. 247-19-000532-TA is amending the Deschutes County
Zoning Ordinance to establish procedures for divisions involving split zoned properties that
contain Flood Plain zoning as a result of a former irrigation canal or lateral. The current
County Code does not contain procedures or direction related to the division of split zoned
properties, and previous hearings officer interpretations of County Code have been
contradictory and caused confusion. The amendments do not alter the mapped Federal
Emergency Management Agency (FEMA) Flood Plain zone boundary or the standards
applicable to development within the Special Flood Hazard Area, also known as the 100-year
Flood Plain.
The 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, although ambiguities in the regulations still remain. Many properties in the
County are split zoned, meaning they contain more than one base zone. Base zones control
development and land division requirements including: permitted and conditional uses,
setbacks, and minimum lots sizes for the creation of new parcels. When a property has two
base zones, there is no explicit code direction on whether or not both set of standards need
to be met, or if one set of standards supersedes the other. These amendments are intended
to clarify the requirements for and allow such land divisions in specific circumstances.
II. 2017-2018 FLOOD PLAIN AMENDMENT PROCESS
Between March 2017 and September 2018, Deschutes County planning staff initiated a Post
Acknowledgement Plan Amendment (PAPA) to the Department of Land Conservation and
Development (DLCD) related to Flood Plain amendments to the Deschutes County
Comprehensive Plan and Zoning Ordinance. Staff conducted public outreach through four
open houses, five Planning Commission public hearings, two citizen involvement group
meetings, and one Board of County Commissioners (Board) public 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 (LUBA), on the basis that
the findings were incomplete and did not adequately address State Land Use Planning Goal
5, among other issues. Prior to the LUBA hearing and in consultation with County Legal
Counsel, the Board found the need for substantial record additions. To provide greater
Page 1 of 11 Exhibit "E" to Ordinance 2019-019
clarity on the intent of the amendments, the County opted to repeal the ordinance
(Ordinance 2019-010), and begin a new PAPA to refine the amendments effectively
demonstrate the proposed amendments comply with state and local regulations. This
application is specific to adding criteria for the review of land divisions of split zoned Flood
Plain.
III. 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 Countys Flood Plain
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 subjectto refinement. The map does not capture property -specific topographic details and
FEMA regulations allowthe Countyto waive FEMA requirements, such as special construction
standards, where development is located above the Base Flood Elevation.
IV. CURRENT REGULATIONS AND CHALLENGES
Unlike many jurisdictions, the Flood Plain Zone in Deschutes County serves three distinct
purposes:
(1) Hazard Mitigation: the Flood Plain Zone provides special standards, and limitations
on division and development of property within the mapped FIRM Flood Plain. The Flood
Plain area is defined and monitored by NFIP.
Page 2 of 11 EXHIBIT "E" to ORDINANCE 2019-019
(2) Goal 5 Inventoried Resource: land within the mapped FEMA Flood Plain adjacent to
inventoried perennial streams such as the Deschutes River and its tributaries', are identified
as part of an inventoried Goal 52 Resource referred to as "Significant Riparian Area ,3. This
area also includes mapped wetlands adjacent to an inventoried river or stream and land
within 100 feet of a river or stream's ordinary high water mark. These "Significant Riparian
Areas" are protected as a Goal 5 resource from conflicts by a variety of measures, including
the Flood Plain Zone, as the zone highly regulates almost all uses. Areas that contain a
wetland or Flood Plain zoned land that are not adjacent to a river or stream are not
considered a Goal 5 resource. These areas may include irrigation ponds, historically low
drainage areas, or irrigation canals.
(3) Goal 5 Program to Achieve the Goal of Conserving Certain Habitat: land within
the "Significant Riparian Area" defined above is also recognized as an implementation
measure to conserve the following inventoried Goal 5 fish and wildlife resources:'
• Deer Migration Corridor
• Elk Habitat
• Fish Habitat
• Furbearer Habitat
• Deer Winter Range
• Upland Game Bird Habitat
• Waterfowl Habitat
These three purposes integrate hazard mitigation measures and the program to achieve
Goal 5 in protecting inventoried riparian areas, as well as inventoried fish and wildlife
habitats.
It is important to note that 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 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.
When Deschutes County implemented the Flood Plain Zone, few properties were located
entirely within the Flood Plain Zone. This created confusion because DCC does not explicitly
explain how to deal with land divisions of split zoned properties.
' Note: Not all properties containing Flood Plain zoned land in Deschutes County are located
adjacent to inventoried perennial streams and tributaries.
2 Goal 5 relates to Natural Resources, Scenic and Historic Areas, and Open Spaces
3 Added to Goal 5 Inventory in 1994 (Ordinance No. 94-007).
4 Ordinance Nos. 92-041, 92-052, 94-004
Page 3 of 11 EXHIBIT "E" to ORDINANCE 2019-019
A. CHALLENGE: FLOOD PLAIN ZONING AND FORMER IRRIGATION
CANALS/LATERALS:
Because the Flood Plain Zone follows topographical contours, rather than property
ownership boundaries, many properties have partial Flood Plain zoning, with the remainder
of the area being another base zone such as Exclusive Farm Use (EFU). The boundary is
determined by FEMA Flood Plain maps, which are infrequently updated and costly to change
at an individual property level.
In Deschutes County, the Flood Plain Zone encompasses areas with surrounding irrigation
canals and laterals. At the time this designation was placed on properties, these canals and
laterals were open bodies of water that could present a possible flood risk due to the rise
and fall of water throughout the irrigation cycle and off season. Since that time, irrigation
districts are piping open canals and laterals due to the availability of funds from the federal
government, and advances in monitoring technology. Several properties now have an
outdated Flood Plain designation.
The majority of the Flood Plain Zone chapter prescribes special construction standards and
review requirements to mitigate flood risk. The properties impacted by the piping of
irrigation canals can be exempted from special construction standards with a simple survey
noting the irrigation canal or lateral is now underground or removed from the property. The
difficulty these property owner's typically face is in dividing their property.
Under the most recent Hearings Officer's ruling on the matter, a parcel that is equal to or
exceeds the minimum lot size for the non -Flood Plain base zone (i.e. 160 acres of EFU land)
and contains a narrow strip of Flood Plain zoned land associated with an irrigation canal (i.e.
1 acre), becomes wholly indivisible due to the failure to have 80 acres of non -resource
designated Flood Plain zoned lands. This ruling precludes the development of the piped
canal situation described above.
The proposed amendments allow a limited set of split zoned properties to become eligible
for land divisions under specific criteria and procedures. Specifically, those Flood Plain, split
zoned properties that are zoned EFU, designated Agriculture in the Comprehensive Plan, and
are adjacent or bisected by a former irrigation canal or lateral would be eligible. Additionally,
properties could not contain a Wildlife Area Combining Zone or contain "significant riparian
habitat" described in Ordinance 94-007, to prevent impacts to sensitive County wildlife
resources.
V. PROPOSED AMENDMENTS
The proposed amendments are detailed in Exhibits A-D. Changes in the exhibits are
identified by underline for new text and strikethre gI for deleted text. Below are
explanations of the proposed changes.
Page 4 of 11 EXHIBIT "E" to ORDINANCE 2019-019
A. TITLE 18, ZONING ORDINANCE TEXT AMENDMENTS
The proposed amendments include:
CHAPTER 18.96. FLOOD PLAIN ZONE
• 18.96.150: Adds a section outlining eligibility criteria and procedures for review of
division of split zoned properties (Exhibit A).
B. TITLE 23, COMPREHENSIVE PLAN AMENDMENTS
CHAPTER 2 RESOURCE MANAGEMENT, SECTION 2.5 WATER RESOURCES
• Chapter 2 Resource Management, Section 2.5 Water Resources: Addition of language
describing the purpose of the proposed amendments to ensure adequate record
keeping of the intent and purpose of the amendments (Exhibit Q.
VI. 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, Oregon Administrative Rules, and its
Comprehensive Plan.
VII. APPLICABLE CRITERIA
A. CHAPTER 22.12, LEGISLATIVE PROCEDURES
1. Section 22.12.010.
Hearing Required
FINDING: This criterion was met as two sets of public hearings were conducted. The
Deschutes County Planning Commission held a public hearing on August 8, 2019 which was
continued to September 12 and September 26, 2019. The Board of County Commissioners
held an additional public hearing on December 4, 2019.
2. Section 22.12.020, 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.
Page 5 of 11 EXHIBIT "E" to ORDINANCE 2019-019
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: This criterion was met as notice was published in the Bend Bulletin newspaper on
July 20, 2019 for the Planning Commission public hearing, and again on November 23, 2019
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 as notices for the respective hearings were 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. Therefore, 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 was 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. The Planning Commission.
2. The Board of County Commissioners.
Page 6 of 11 EXHIBIT "E" to ORDINANCE 2019-019
B. Any legislative change initiated by the Board of County
Commissioners shall be reviewed by the Planning Commission prior to
action being taken by the Board of Commissioners.
FINDING: The Deschutes County Planning Commission held the initial public hearing on
August 8, 2019. Following deliberations, the Planning Commission forwarded a unanimous
recommendation of approval of the amendments (6-0) to the Board of County
Commissioners. The Board held a second public hearing on December 4, 2019. Therefore
these criteria have been met.
5. Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: The legislative changes included in file no. 247-19-000532-TA 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
basis and supportive evidence demonstrating consistency with Statewide Planning Goals.
The following findings demonstrate the proposed amendments comply with applicable goals
and state law.
• Goal 1, Citizen Involvement
The adoption process for the proposed amendments included 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 PAPAS. An Oregon Department of
Land Conservation and Development 35-day notice was initiated on July 2, 2019. This
findings document provides the adequate factual basis and documented analysis for
the plan amendment and zoning text amendments. This goal is met.
• Goals 3 and 4, Agricultural Lands and Forest Lands
The proposed amendments allow the use of non -Flood Plain base zone standards in
determining minimum lot sizes when dividing split zoned property. Eligible properties
must be zoned Exclusive Farm Use (EFU) and must meet the resource minimum lot
size requirements of the Exclusive Farm Use zone. The requirement that the property
has a single comprehensive plan designation precludes division of resource land
under non -resource zone standards. Properties zoned Forest Use are ineligible for
Page 7 of 11 EXHIBIT "E" to ORDINANCE 2019-019
the proposed amendments Therefore, staff finds the proposed amendments do not
impact Goals 3 and 4.
• Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces
The proposed amendments do not apply to properties that are located in a Wildlife
Area Combining Zone or that contain significant riparian habitat as described in
Ordinance 94-007, which established the County's goal 5 program to protect riparian
areas. Staff finds that the proposal does not negatively impact Goal 5 resources and
no additional analysis is required.
• Goal 6, Air, Water and Land Resources Quality
The County has code provisions pertaining to development in the Flood Plain Zone
that are designed to protect air, water and land resources quality and to assure that
development does not occur in areas subject to natural resources. Those provisions
will not be altered by the proposed amendments. Staff finds this goal is met.
• Goal 7, Natural Hazards
The County has code provisions pertaining to the mitigation of flood risk for
development in the Flood Plain Zone. Those provisions will not be altered by the
proposed amendments. Staff finds this goal is met.
• Goal 8, Recreational Needs
The proposed changes are not addressing a recreational use or need. This goal is met.
• Goal 9, Economic Development
The proposed amendments seek to allow for greater opportunities for division of EFU
property and residential development where appropriate, but at a very limited scale.
The amendments may result in additional land divisions and related development but
such opportunities are extremely limited due to the prescribed eligibility
requirements and existing development patterns. In addition, the amendments will
not result in significant industrial or commercial developments due to rural zoning
restrictions. 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.
• Goal 11, Public Facilities
The proposed amendments provide for the potential of greater rural residential
development at an appropriate scale. 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.
Page 8 of 11 EXHIBIT "E" to ORDINANCE 2019-019
• Goal 12, Transportation
The proposed text amendments will add procedures pertaining to the division of
Flood Plain, split zoned properties that meet certain criteria. The proposed
amendments do not approve any specific development proposal or land use change.
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 will add procedures pertaining to the division of
Flood Plain, split zoned properties that meet certain criteria. The proposed
amendments do not approve any specific development proposal or land use change.
Any future site -specific applications will be subject to Deschutes County's Solar Height
Restrictions, DCC 18.116.170 and the Uniform Building Code.. 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 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.
FINDING: In order to ensure all interested persons are aware of the current proposed
changes, staff presented an overview of the proposed amendments and administration of
the Flood Plain Zone during the Planning Commission and Board public hearings and
through a dedicated project website.
Page 9 of 11 EXHIBIT "E" to ORDINANCE 2019-019
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. The proposed amendments target split zoned properties that contain only a portion
of Flood Plain zoned land that is not associated with riverine systems or significant riparian
habitat per Ordinance 94-007. In the procedures for dividing a split zoned property,
applicants will be required to maintain the Flood Plain zone on a single parcel so as not to
divide and parcelize any portion of the Flood Plain. The proposed amendments will continue
to support the restoration and preservation of significant wildlife.
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 Landscape Management Combining Zone will continue to protect scenic
resources near river and streams and major transportation corridors. Any new development
associated with the proposed amendments will be required to abide by these requirements.
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 and building requirements of the Flood Plain Zone will not be
impacted by the proposed amendments. These standards, along with the setback standards
associated with the landscape management combining zone, protect open space and scenic
views and sites.
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 amendments to the Flood Plain Zone section will not impact the County's
ability to participate in and implement the Community Rating System as part of the NFIP
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 f/oodplain impacts.
Page 10 of 11 EXHIBIT "E" to ORDINANCE 2019-019
FINDING: Although the proposed amendments do not alter the Flood Plain Zone from abase
zone to a combining zone, they provide procedures for divisions involving split zoned
properties that contain Flood Plain zoning as a result of a former irrigation canal or lateral.
The piped canals or laterals now prevent the possibility of flooding.
Page 11 of 11 EXHIBIT "E" to ORDINANCE 2019-019
ES COG
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 BOCC Wednesday Meeting of December 11, 2019
DATE: December 4, 2019
FROM: Tanya Saltzman, Community Development,
TITLE OF AGENDA ITEM:
DELIBERATIONS: Split Zone/Piped Canal Amendments and Consideration of Ordinance
No. 2019-019
On December 11, 2019, the Board of County Commissioners will conduct deliberations on
Ordinance No. 2019-019, text amendments outlining procedures in the Deschutes County Code
for divisions involving split zoned Flood Plain properties.
COMMUNITY DEVELOPMENT
MEMORANDUM
TO: Deschutes County Board of County Commissioners ("Board")
FROM: Tanya Saltzman, AICP, Associate Planner
Peter Gutowsky, AICP, Planning Manager
DATE: December 5, 2019
SUBJECT: Split Zone Amendments / "Piped Irrigation Canal Amendments"
(247-19-000532-TA) - Deliberations
On December 11, 2019, the Board of County Commissioners is scheduled to conduct
deliberations on Ordinance No. 2019-019, text amendments outlining procedures in the
Deschutes County Code for divisions involving split zoned Flood Plain properties.
A public hearing with the Board was held on December 4, 2019, during which two individuals
provided testimony in favor of the amendments. The Board then closed the oral and written
records. The entirety of the record was provided to the Board for the December 4 public
hearing.'
I. EMERGENCY ADOPTION OPTION
Both emergency and non -emergency versions of the ordinance are included as attachments
to this memorandum for the Board's consideration. During the hearing, a party whose
property is eligible for the proposed amendments respectfully requested that the Board
consider adoption of the ordinance by emergency, given concerns for potential future state
legislation that could affect criteria for nonfarm dwellings.
II. NEXT STEPS
At the conclusion of the meeting, the Board can choose one of the following:
• Continue deliberations to a scheduled date;
Conclude deliberations and recommend approval of the amendments as proposed;
1 https://deschutescountVor.igm2.com/Citizens/`Detail Meeting.aspx?0=2394
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR. 97708-6005
t�, (541) 388-6575 @ cddCaadeschutes .org @ wwvvv.deschutes.org/cd
• Conclude deliberations and recommend approval of the amendments with additional
minor changes; or
• Conclude deliberations and recommend denial of the proposed amendments.
Attachments:
1. Draft Ordinance No. 2019-019 - Emergency
2. Draft Ordinance No. 2019-019 - Non -Emergency
Exhibits:
A. DCC 18.96 Zoning Text Changes
B. DCC 23.01 Text Changes
C. Chapter 2.5 - Comprehensive Plan Amendments
D. Chapter 5.12 - Comprehensive Plan Amendments
E. Staff Findings
File No: 247-19-000532-TA Split Zone / Piped Canal Amendments Page 2 of 2