2021-230-Ordinance Recorded 6/14/2021'V EWED
L
LEGAL COUNSEL
Recorded in Deschutes County CJ2021 2In
Nancy Blankenship; County Clerk
Commissioners' Journal 06/14/2021 4:03:28 PM
C'OG
2021-230
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance amending Deschutes County Code
Title 17 to incorporate "Housekeeping" and
modernization updates, and Title 18 updates to the * ORDINANCE NO. 2021-007
Guest Ranch sunset clause text to ensure that the
DCC incorporates changes to state law.
WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments
(Planning Division File No. 247-21-000240-TA) to the Deschutes County Code (DCC) Title 17, Chapter 17.48,
Design and Construction Specifications to incorporate "housekeeping" and modernization updates to ensure the
code reflects contemporary design and construction specification practices; and
WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments
(Planning Division File No. 247-21-000240-TA) to the Deschutes County Code (DCC) Title 18, Chapters 18.16,
Exclusive Farm Use Zones; 18.128, Conditional Use; to incorporate updates to the Guest Ranch sunset clause to
ensure that the DCC incorporates changes to state law; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on May 13,
2021 and forwarded to the Deschutes County Board of County Commissioners ("Board"), a unanimous
recommendation of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on June 9, 2021 and
concluded that the public will benefit from the proposed changes to the Deschutes County Code Titles 17 and 18;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 17.48. Design and Construction Specifications, 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 strikethfetigh.
Section 2. AMENDMENT. DCC 18.16, Exclusive Farm Use Zones, 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 striker
PAGE 1 OF 2 - ORDINANCE NO.2021-007
Section 3. AMENDMENT. DCC 18.128, Conditional Use, 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 dough.
Section 4. FINDINGS. The Board adopts as its findings, Exhibit "D" attached and incorporated by
reference herein.
Section 5. EMERGENCY. This Ordinance being necessary for the public peace, health, and safety, an
emergency is declared to exist, and this Ordinance becomes effective thirty (30) days after adoption.
Dated this of —) , 2021
ATTEST:
Recording Sec tart'
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
6,
PHILIP CHANG, Vice Chair
1
PA' TI AD
Date of I". Reading: day of , 2021.
Date of 2nd Reading: day of , 2021.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Anthony DeBone
Philip Chang _
Patti Adair
Effective date: day of , 2021.
PAGE 2 OF 2 - ORDINANCE NO.2021-007
REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance amending Deschutes County Code
Title 17 to incorporate "Housekeeping" and
modernization updates, and Title 18 updates to the * ORDINANCE NO. 2021-007
Guest Ranch sunset clause text to ensure that the
DCC incorporates changes to state law.
WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments
(Planning Division File No. 247-21-000240-TA) to the Deschutes County Code (DCC) Title 17, Chapter 17.48,
Design and Construction Specifications to incorporate "housekeeping" and modernization updates to ensure the
code reflects contemporary design and construction specification practices; and
WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments
(Planning Division File No. 247-21-000240-TA) to the Deschutes County Code (DCC) Title 18, Chapters 18.16,
Exclusive Farm Use Zones; 18.128, Conditional Use; to incorporate updates to the Guest Ranch sunset clause to
ensure that the DCC incorporates changes to state law; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on May 13,
2021 and forwarded to the Deschutes County Board of County Commissioners ("Board"), a unanimous
recommendation of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on June 9, 2021 and
concluded that the public will benefit from the proposed changes to the Deschutes County Code Titles 17 and 18;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 17.48. Design and Construction Specifications, 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 st-Fikethrough.
Section 2. AMENDMENT. DCC 18.16, Exclusive Farm Use Zones, 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 stfik�, h.
PAGE 1 OF 2 - ORDINANCE NO.2021-007
Section 3. AMENDMENT. DCC 18.128, Conditional Use, 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 str-i
Section 4. FINDINGS. The Board adopts as its findings, Exhibit "D" attached and incorporated by
reference herein.
Dated this of 52021 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
Date of 1" Reading:
Date of 2nd Reading:
Commissioner
Anthony DeBone
Philip Chang
Patti Adair
Effective date:
ANTHONY DEBONE, Chair
PHILIP CHANG, Vice Chair
PATTI ADAIR
day of 52021.
day of 12021.
Record of Adoption Vote:
Yes No Abstained Excused
day of , 2021.
PAGE 2 OF 2 - ORDINANCE NO.2021-007
Chapter 17.48. DESIGN AND CONSTRUCTION SPECIFICATIONS
17.48.010. Minimum Standards Established.
Except as otherwise noted, the standard specifications for design and construction contained within DCC
17.48 " adopted by
Ofdinanee 20 i 1 018 as Exhibit "B" and ineerperated by ref r-enee erei , and standard drawings as
detennined by the Road Department Director are the minimum standards governing construction of roads
and other improvements and facilities.
B. The minimum standards gaveming eenstruction of roads and other improvements and faeilities within
the Redmond Unineorpor-ated U+ban Growth 4ea shall be the standards and speeifieations set fe� in
the euffent "City of Redmond Publie Works Standards and Speeifieatiefis" whiek deetiffien
ineorperated herein by r-eferenee.
G. SubJeet areas not eovered by the Redmond Standards and Speeifieations shall eontinue to be eovered by
plieableprovi-sionsfDrr 1748
(Ord. 2021-007 &1, 2021; Ord. 2001-016 §1, 2001; Ord. 95-082 §4, 1995; Ord. 81-043 §1, Exhibit A, §8.010,
1981)
17.48.090. Intersections.
A. All intersections shall be planned for through traffic on the street with the greatest projected average daily
traffic (ADT). The side street shall be at right angles to the main street per current AASHTO standards.
Har-izental and vei4ieal alignment feF an intefseetion shall be as shown in dr-awing No. 2 9. (See dr-awilig
2 8 sot out .,t the end of DC;CTitle 17 and by this fe fe.enee : mted he -ei
B. Intersecting streets, including driveways to commercial and industrial properties, shall be separated by at
least the following distances when the through road is:
1. Arterial, 500 feet;
2. Collector, 300 feet;
3. Local, 100 feet;
4. Industrial park, 250 feet; and
5. Primary access, 250 feet.
To be measured between the intersecting centerlines of the streets or driveways.
(Ord. 2021-007 1 2021. Ord. 2011-018 §1, 2011; Ord. 2001-016 §1, 2001; Ord. 93-012 §48(AA), 1993;
Ord. 81-043 §1, Exhibit A, §8.110(8), 1981)
17.48.190. Drainage.
A. Minimum Requirements.
1. Drainage facilities shall be designed and constructed to receive and/or transport at least a design storm
as defined in the current Central Oregon Stormwater Manual created by Central Oregon
Intergovernmental Council and all surface drainage water coming to and/or passing through the
development or roadway.
2. The system shall be designed for maximum allowable development.
B. Curbed Sections.
1. Storm drains within curbed streets shall be designed per the requirements of the current Central
Oregon Stormwater Manual created by the Central Oregon Intergovernmental Council.
2. Catchbasins shall be constructed in accordance with standard drawings Nos. 3 1, 1 2 and 3 3. (Coo
heas detennined by the Road Department Director.
C. Noncurbed Sections.
1. Road culverts shall be concrete or metal with a minimum design life of 50 years.
2. All cross culverts shall be 18 inches in diameter or larger.
Chapter 17.48 1 (10/2011)
EXHIBIT A TO ORDINANCE NO. 2021-007
3. Culverts shall be placed in natural drainage areas and shall provide positive drainage.
D. Drainage Swales. The Design Engineer is responsible to design a drainage swale adequate to control a
design storm as defined in the Central Oregon Stormwater Manual created by Central Oregon
Intergovernmental Council.
E. Drainage Plans. A complete set of drainage plans including hydraulic and hydrologic calculations shall
be incorporated in all road improvement plans.
F. Drill Holes. Drill holes are prohibited.
G. Injection wells (drywells) are prohibited in the public right-of-way.
(Ord. 2021-007 §1, 2021; Ord. 2011-018 §1, 2011; Ord. 2001-016 §1, 2001; Ord. 97-005 §11, 1997; Ord.
81-043 §1, Exhibit A, §8.140, 1981)
17.48.250. Utilities -Construction- Performance Standards.
A. The work to be performed under this permit shall be carried out in accordance with the current Deschutes
County Standards in DCC Title 17, aPA-the current ODOT/APWA Oregon Standard Specifications for
Construction and in
4-set out at the end o€DCC 'Title 17 and by this Fef ~ted here~ .standard drawings as
detennined by the Road Department Director.
B. Work authorized by a permit shall be performed between the hours of seven a.m. and five p.m., Monday
through Friday.
C. Access to private driveways shall be provided except during working hours when construction operations
prohibit provision of such access.
D. Free access must be provided at all times to fire hydrants.
E. Monuments.
1. Monuments of concrete, iron or other lasting materials set out for the purpose of locating or preserving
the lines of any street or property subdivision, or precise survey reference point, or a permanent survey
bench mark within the County shall not be removed or disturbed or caused to be removed or disturbed
unless permission to do so is first obtained in writing from the County surveyor.
2. Permission shall be granted only upon condition that the applicant shall pay all expenses incidental
to the proper replacement of the monument.
(Ord. 2021-007 § 1, 2021, Ord. 2011-018 § 1, 2011; Ord. 2001-016 § 1, 2001; Ord. 81-043 § 1, Exhibit A,
§8.500(3)(A), 1981)
17.48.270. Utilities-Construction-Backfilling and Restoring.
A. All backfilled material shall be compacted to 95 percent of its relative maximum density when within the
roadway to 90 percent when between the shoulder (or curb) and the right of way line.
B. Trenches shall be backfilled as follows:
1. Unimproved Roads and Area Outside Roadway. The trench shall be backfilled with the excavated
or other suitable materials and the entire backfill shall be compacted in layers of not to exceed six
inches by use of a mechanical tamper.
2. Aggregate and Paved Surfaces. The trench shall be backfilled according to a -awing tie. 1 3 (see
.. standard
drawings as determined by the Road Department Director.
3.
adfawing nos. '�-z-1,1-2 afid 1 4 set out at the end of DGC Title 17 and 1.. this ..of ,-enee ; ,..,te
her-ein.):
(Ord. 2021-007 0, 2021; Ord. 2011-018 § 1, 2011; Ord. 2001-016 § 1, 2001; Ord. 81-043 § 1, Exhibit A,
§8.500(3)(C), 1981)
Chapter 17.48 2 (10/2011)
EXHIBIT A TO ORDINANCE NO. 2021-007
17.48.280. Utilities -Construction -Inspection.
A. The Oregon Utility Notification Center shall be notified a4 1 Qnn 332 214 4 ., eff4ing Elays : adv o
of any exeavatienaccording to applicable Oregon Administrative Rules. The Road Department shall be
notified two working days in advance of the time of backfilling.
B. Costs.
1. All inspection costs shall be borne by the applicant.
2. Such costs shall be based on a schedule of charges on file in the Road Department Building, 61150
SE 27th Street, Bend, Oregon 97702, (541) 388-6581.
(Ord. 2021-007 §1, 2021; Ord. 2001-016 §1, 2001; Ord. 81-043 §1, Exhibit A, §8.500(3)(D), 1981)
17.48.310. Insurance.
During the term of authorized work within a public right of way, tThe licensee applicant or their contractor,
including all subcontractors, shall procure and continue to carry during the ter of the lieense, „ublie liabi '
and prepef�y damage insur-ane insurance coverages, including but not limited to commercial general liability
and commercial automobile liability, in a responsible eemp „• with limits of not less thaH one mi"ien doll rs-
.,,,bined single limit. from a responsible insurance provider with minimum coverage amounts as determined
by the Road Department Director.
(Ord. 2021-007 §1, 2021, Ord. 2001-016 §1, 2001; Ord. 81-043 §1, Exhibit A, §8.640, 1981)
17.48.370. Construction -Cooperation with Utilities.
A. The contractor shall, at least 24 hours in advanee of per -forming an), kveAE in the iffffnediate vioinity of
utility lines, eantaet the utilities to fequest the leeation and madEing of buried titility cooperate
with and shall avoid damaging the facilities of all utility owners, railroads, and fire control authorities
who have facilities located within the vicinity of the work.
B.
system for neti6,ing all ewner-s of utilities E)fwE)r-k being per-fetffled in the vieiiiity of their ... .The
contractor shall immediately notify any utility owners, railroads, and fire control authorities whose
facilities have been damaged.
C. The Oregon Utility Notification Center shall be notified according to applicable Oregon Administrative
Rules. The eiie all system telephone number- is 1 800 332 2344
(Ord. 2021-007 §1, 2021, Ord. 2001-016 §1, 2001; Ord. 81-043 §1, Exhibit A, §8.200(5), 1981)
17.48.390. Construction -Clearing and Grubbing.
All work shall be performed in accordance with ree^*i4„ 001M ^rthe current ODOT/APWA Oregon Standard
Specifications for Construction supplemented and/or modified as follows:
A. The right of way shall be cleared of all fixed objects.
B. However, in developments where traffic safety would not be involved, and a lesser requirement would
not create a hazard, the right of way shall be cleared a minimum of 40 feet or four feet beyond the edge
of the shoulder or curb line of the finished road.
(Ord. 2021-007 &1, 2021, Ord. 2011-018 §1, 2011; Ord. 2001-016 §2, 2001; Ord. 81-043 §1, Exhibit A,
§8.200(7), 1981)
17.48.400. Construction -Dust Control.
A. The work shall consist of the furnishing and applying of water for the alleviation or prevention of dust
nuisance in accordance with the current ODOT/APWA Oregon Standard Specifications
for Construction.
B. Responsibility for dust abatement will be the contractor's.
C. Watering will be done when ordered by the Road Department Director.
Chapter 17.48 3 (10/2011)
EXHIBIT A TO ORDINANCE NO. 2021-007
D. The contractor shall supply the applicant's own water source.
(Ord. 2021-007 § 1, 2021; Ord. 2011-018 § 1, 2011; Ord. 2001-016 § 1, 2001; Ord. 81-043 § 1, Exhibit A,
§8.200(8), 1981)
17.48.410. Construction-Subgrade Construction.
A. All work shall be performed in accordance with seetio 00330 f the current ODOT/APWA Oregon
Standard Specifications for Construction, ple r*ea .,.,al^r mod-i feed r^tt^
1. Exeavated materials not required nor suitable for filling and baekfilling, within the limits of t
pFejeet, will be ed-assed- -as eweess materials and -shall beeVelfine the pr-opefty of the eontraeter at the point
of exeavation and shall be disposed of by him at a leeation and in a mannef safisfaeter-y to the Road
Department.
I bi the event reek is eneountered in exeavation, the. voek: vVill be &Eea��,ated to a depth not less than six
B. Material shall be considered unsuitable for fill, subgrade, shoulders and other uses if it contains organic
matter, soft spongy earth or other material of such nature that compaction to the specified density is
unobtainable.
C. No material having a maximum dimension of three inches or more shall be considered suitable for fill
material in the top one foot of subgrade, including the fill side slopes.
D. Compaction shall be a minimum of 95 percent of the relative maximum density.
(Ord. 2021-007 12021; Ord. 2011-018 §1, 2011; Ord. 2001-016 §2, 2001; Ord. 81-043 §1, Exhibit A,
§8.200(9), 1981)
17.48.420. Construction -Surfacing Requirements.
A. Aggregate Base.
1. Crushed aggregate meeting the requirements of seetio^ 02630 ^rthe current ODOT/APWA Oregon
Standard Specifications for Construction shall be used.
2. All work shall be performed in accordance with seetion 640 ^r the current ODOT/APWA Oregon
Standard Specifications for Construction.
B. Asphalt Prime Coat. For all roadway sections using asphalt penetration macadam, an asphalt prime coat
will be applied to the aggregate base in accordance with the current ODOT/APWA
Oregon Standard Specifications for Construction and in accordance with standard drawings ne. 2 9 (see
drawing 2 9 set out at the end of DGG Title 17 and by this refemnee ineofpor-ated as determined
by the Road Department Director.
C. Asphalt Penetration Macadam. When an oil mat is placed, it shall be applied in accordance with section
00715 of current ODOT/APWA Oregon Standard Specifications for Construction and in accordance
with standard drawings no. 2 9 (seed 2 9 set out at the end of DEC Title 17 and by this ref -eHee
^rated hereipOas determined by the Road Department Director.
D. Asphaltic Concrete Pavement.
1. Where asphaltic concrete pavement is required, it shall be placed in accordance with sew 0074 5
of -the current ODOT/APWA Oregon Standard Specifications for Construction.
2. The asphalt cement shall be as required by the Road Department Director.
3. The class of asphaltic concrete shall be Level 3 HMAC.
4. A mix design shall be submitted to the Road Department Director at least one week prior to paving.
E. Tack Coat. When a tack coat is required by the Road Department Director, the tack coat shall be applied
in conformance with seetion 00 730 of -the current ODOT/APWA Oregon Standard Specifications for
Construction.
F. Portland Cement Concrete Pavement. When portland cement concrete pavement is used, it shall be
designed and constructed in accordance with the publications of the Portland Cement Association.
Chapter 17.48 4 (10/2011)
EXHIBIT A TO ORDINANCE NO. 2021-007
(Ord. 2021-007 �1, 2021; Ord. 2011-018 §1, 2011; Ord. 2001-016 §1, 2001; Ord. 93-012 §53(B), 1993; Ord.
81-043 §1, Exhibit A, §8.200(10)-(15), 1981)
17.48.430. Construction -Concrete Curb.
A. Where required, portland cement concrete curbs shall be constructed in accordance with standard
drawings NE). 2-2-(See dam^' 2 set eut at the end of DrG Title 17 and by this ofr-enee ineotTerated
herein. as detennined by the Road Department Director and seetion 00 759 4the current ODOT/APWA
Oregon Standard Specifications for Construction.
B. The concrete shall be class 3000.
(Ord. 2021-007 1, 2021; Ord. 2011-018 § 1, 2011; Ord. 2001-016 § 1, 2001; Ord. 81-043 § 1, Exhibit A,
§8.200(16), 1981)
17.48.440. Construction -Sidewalks.
A. Sidewalks shall be constructed with Class 3000 concrete as specified in the current ODOT/APWA Oregon
Standard Specifications for Construction.
B.
Title 17 and by t4is ref renee i ^r-a*ea her- ;^.)Sidewalks shall conform to standard drawings as
determined by the Road Department Director. Sidewalks shall not be less than five feet wide.
(Ord. 2021-007 1, 2021; Ord. 2011-018 § 1, 2011; Ord. 2001-016 § 1, 2001; Ord. 81-043 § 1, Exhibit A,
§8.200(17), 1981)
17.48.460. Construction-Catchbasins.
Catchbasins shall be constructed of class 3000 portland cement concrete and in accordance with standard
drawings
r-of , nee ;,,,.,. fpa -ate hefein.`as determined by the Road Department Director.
(Ord. 2021-007 §1, 2021, Ord. 2011-018 §1, 2011; Ord. 2001-016 §1, 2001; Ord. 81-043 §1, Exhibit A,
§8.200(19), 1981)
Chapter 17.48 5 (10/2011)
EXHIBIT A TO ORDINANCE NO. 2021-007
Chapter 18.16. EXCLUSIVE FARM USE ZONES
18.16.037. Guest Ranch.
A. A guest ranch may be established in conjunction with an existing and continuing livestock operation,
using accepted livestock practices that qualifies as a farm use under DCC 18.04.030, subject to the
applicable provisions set forth in DCC 18.16.040(A)(1), (2) and (3), the applicable provisions of DCC
18.128, and the provisions of the applicable Oregon Revised Statutes. A guest ranch shall not be located
within the boundaries of or surrounded by:
1. A federally designated wilderness area or a wilderness study area:
2. A federally designated wildlife refuge;
3. A federally designated area of critical environmental concern; or
4. An area established by an Act of Congress for the protection of scenic or ecological resources.
B. "Guest ranch" means a facility for overnight guest lodging units, including passive recreational activities
and food services, as set forth in ORS 215 that are incidental and accessory to an existing livestock
operation that qualifies as a farm use under DCC 18.04.030.
C. A guest lodging unit means a guest room in a lodge, bunkhouse, cottage or cabin used only for transient
overnight lodging and not for permanent residence accommodations.
D. For the purposes of DCC 18.16.037, "livestock" means cattle, sheep, horses, and bison.
E. A proposed division of land in an exclusive farm use zone for a guest ranch or a division of a lot or parcel
that separates a guest ranch from the dwelling of the person conducting the livestock operation shall not
be allowed.
F. Notwithstanding DCC 18.16.055, a proposed division of land in an exclusive farm use zone for a guest
ranch shall not be allowed.
(Ord. 2021-007 §2, 2021; Ord. 2018-006 §5, 2018, Ord. 2012-007 §2, 2012; Ord. 2010-022 §2, 2010; Ord.
2010-017 1, 2010-, Ord. 2009-014 §1, 2009; Ord. 2001-043 §1, 2001; Ord. 98-056 §1, 1998)
;
Ord 2010 nice §1 2014
EXHIBIT B TO ORDINANCE NO.2021-007
Chapter 18.128. CONDITIONAL USE
18.128.360. Guest Ranch.
A guest ranch established under DCC 18.16.037 shall meet the following conditions:
A. Except as provided in DCC 18.128.360(C), the guest lodging units cumulatively shall:
1. Include not less than four nor more than 10 overnight guest lodging units, and;
2. Not exceed a total of 12,000 square feet in floor area, not counting the floor area of the lodge
that is dedicated to kitchen area, rest rooms, storage or other shared or common indoor space.
B. The guest ranch shall be located on a lawfully established unit of land that:
1. Is at least 160 acres in size;
2. Contains the dwelling of the person conducting the livestock operation; and
3. Is not classified as high value farmland as defined in DCC 18.04.030.
C. For every increment of 160 acres that the lawfully established unit of land on which the guest
ranch is located exceeds the minimum 160-acre requirement described under DCC
18.128.360(B), up to five additional overnight guest lodging units not exceeding a total of 6,000
square feet of floor area may be included in the guest ranch for a total of not more than 25 guest
lodging units and 30,000 square feet of floor area.
D. A guest ranch may provide recreational activities in conjunction with the livestock operation's
natural setting, including but not limited to hunting, fishing, hiking, biking, horseback riding and
swimming. Intensively developed recreational facilities including golf courses or campgrounds
identified in DCC 18.16.030 through 18.16.033, shall not be allowed in conjunction with a guest
ranch, and a guest ranch shall not be allowed in conjunction with an existing golf course or with
an existing campground.
E. Food services shall be incidental to the operation of the guest ranch and shall be provided only
for the guests of the guest ranch, individuals accompanying the guests, and individuals attending
a special event at the guest ranch.
1. The cost of meals, if any, may be included in the fee to visit or stay at the guest ranch.
2. The sale of individual meals to persons who are not guests of the guest ranch, an individual
accompanying a guest, or an individual attending a special event at the guest ranch shall not be
allowed.
F. The exterior of the buildings shall maintain a residential appearance.
G. To promote privacy and preserve the integrity of the natural setting, guest ranches shall retain
existing vegetation around the guest lodging structure.
H. All lighting shall be shielded and directed downward in accordance with DCC 15.10, Outdoor
Lighting Control
I. Signage shall be restricted to one sign no greater than 20 square feet, nonilluminated and posted
at the entrance to the property.
J. Occupancies shall be limited to not more than 30 days.
K. The guest ranch shall be operated in a way that will protect neighbors from unreasonable
disturbance from noise, dust, traffic or trespass.
L. One off-street parking space shall be provided for each guestroom in addition to parking to serve
the residents.
M. Any conversion or alterations to properties designated as historic landmarks shall be approved
by the Deschutes County Historical Landmarks Commission.
N. A euest ranch that is authorized under this section shall submit an annual report, that shall be
made available to the public upon request, to the Community Development Department by the
real property owner or licensee, if different, each February 1 documenting the following_
1. The size of the guest ranch's livestock operation;
2. The income that the guest ranch obtained from:
a. Livestock operations; and
18.128.360 (10/2020)
EXHIBIT C TO ORDINANCE NO. 2021-007
b. Guest ranch activities; and
3. Other infonnation to ensure ongoing compliance with this section or any condition of
approval.
(Ord. 2021-007 §3, 2021; Ord. 2018-006 05, 2018, Ord. 2010-022 §3, 2010; Ord. 2004-020 §2,
2004; Ord. 2004-001 §3, 2004; Ord. 2001-043 §1, 2001; Ord. 98-056 §2, 1998)
18.128.360 (10/2020)
EXHIBIT C TO ORDINANCE NO.2021-007
FINDINGS
I. APPLICABLE CRITERIA:
Chapter 17.48. DESIGN AND CONSTRUCTION SPECIFICATIONS
Chapter 18.16. EXCLUSIVE FARM USE ZONES
Chapter 18.128. CONDITIONAL USE
11. BASIC FINDINGS:
A. PROPOSAL: Amend Deschutes County Code Chapter 17.48 (Design and Construction
Specifications) with housekeeping edits that the Road Department has requested. These
proposed amendments, based on recommendations from County Engineering, will help to
streamline the code by updating language, striking references that conflict with Oregon
Administrative Rules (OARS), and/or removing outdated, inaccurate content. Staff initiated
the proposed changes and notified the Oregon Department of Land Conservation and
Development (DLCD).
B. PROPOSAL: In May of 2019, the Oregon State Legislature voted in favor of House Bill 2435
which removed the sunset clause for Guest Ranches as a conditional use on land zoned
Exclusive Farm Use (EFU). In addition, HB 2435 requires Guest Ranches to submit annual
reports to their respective county. With these changes to the state law, it is appropriate to
remove the sunset clause and add similar language related to annual reporting
requirements to the Deschutes County Code (DCC). Staff initiated the proposed changes to
DCC 18.16 and DCC 18.128, and notified the Oregon Department of Land Conservation and
Development (DLCD).
III. CONCLUSIONARY FINDINGS:
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
PAGE 1 OF 6 - EXHIBIT D TO ORDINANCE NO. 2021-007
A. Published Notice
1. Notice of a legislative change shall be published in a newspaper of general
circulation in the county at least 10 days prior to each public hearing.
2. The notice shall state the time and place of the hearing and contain a
statement describing the general subject matter of the ordinance under
consideration.
FINDING: 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 will be met when notice is posted in 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
22.0&010(A), shall be provided at the discretion of the Planning Director, except
as required by ORS 215.503.
FINDING: Given the proposed legislative amendments do not apply to any specific property, no
individual notices were sent.
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, which 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 2 OF 6 - EXHIBIT D TO ORDINANCE NO. 2021-007
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: These criteria will be met.
5. Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: The proposed legislative changes included in file no. 247-21-000240-TA will be
implemented by ordinances upon approval and adoption by the Board. This criterion will be met.
IV. PROPOSED TEXT AMENDMENTS:
The proposed text amendments are detailed in the referenced ordinance attached hereto with
additional text identified by underline and deleted text by strikethro gl4. Below are explanations of
the proposed changes.
B. Title 17, Subdivisions:
Chapter 17.18 DESIGN AND CONSTRUCTION SPECIFICATIONS
17.48.010. Minimum Standards Established.
DCC 17.48.010(A) defines the minimum standard documents for governing the design and
construction of roads and other improvements and facilities; the proposed amendment
removes reference to Deschutes County Road Department Standard Drawings Qanuary 2011)
embedded in the code, as they are difficult to update to current construction standards. The
Road Department refers to more current Oregon Department of Transportation (ODOT) or City
of Bend Standard Drawings as determined by the Road Department Director. This would better
align with contemporary practices and those of our partner agencies.
DCC 17.48.010(B) describes the use of City of Redmond -specific standards and specification for
use within the associated urban growth boundary (UGB); the proposed amendment will strike
this course of action and rely on current ODOT or City of Bend Standard Drawings. This would
better align with contemporary practices and those of our partner agencies.
DCC 17.48.010(C) states that subject area not covered by the City of Redmond Standards and
Specification shall continue to be covered by applicable provisions of DCC 17.48; the proposed
amendment will strike this guidance due its reference to City of Redmond -specific standards
(DCC 17.48.010(B)) which are proposed to be removed.
PAGE 3 OF 6 - EXHIBIT D TO ORDINANCE NO. 2021-007
17.48.090. Intersections.
DCC 17.48.090(A) describes guidance for general intersection design; the proposed amendment
will strike reference to specific imbedded design standards, instead relying on more current
ODOT or City of Bend Standard Drawings. This would better align with contemporary practices
and those of our partner agencies.
17.48.190. Drainage.
DCC 17.48.190(B)(2) describes guidance for the design of catchbasins within curbed sections of
streets; the proposed amendment will strike reference to specific imbedded design standards,
instead relying on more current ODOT or City of Bend Standard Drawings. This would better
align with contemporary practices and those of our partner agencies.
17.48.250. Utilities -Construction -Performance -Standards.
DCC 17.48.250(A) defines the minimum standard documents for governing the design and
construction of utilities; the proposed amendment removes reference to Deschutes County
Road Department Standard Drawings (January 2011) embedded in the code, as they are difficult
to update to current construction standards. The Road Department refers to more current
ODOT or City of Bend Standard Drawings as determined by the Road Department Director. This
would better align with contemporary practices and those of our partner agencies.
17.48.270. Utilities-Construction-Backfilling and Restoring.
DCC 17.48.270(B)(2)(3) describes guidance for the backfilling and site restoration process
following the construction of underground utilities; the proposed amendment removes
reference to Deschutes County Road Department Standard Drawings (January 2011) embedded
in the code, as they are difficult to update to current construction standards. The Road
Department refers to more current ODOT or City of Bend Standard Drawings as determined by
the Road Department Director. This would better align with contemporary practices and those
of our partner agencies; the proposed amendment also adds language to ensure "paved
surfaces" along with "aggregate" fall under this code.
17.48.280. Utilities -Construction -Inspection.
DCC 17.48.280(A) describes guidance for notifying the Road Department for inspection prior to
backfilling and site restoration process following the construction of underground utilities; the
proposed amendment removes reference to an outdated phone number and includes new
guidance to notify the department according to applicable OARS.
17.48.310. Insurance.
DCC 17.48.310 describes requirements for carrying insurance while performing authorized work
in the public right of way; the proposed amendment removes reference to outdated
PAGE 4 OF 6 - EXHIBIT D TO ORDINANCE NO. 2021-007
requirements and includes new guidance for coverage to include the entire term of authorized
work, all subcontractors, coverage types, and amounts reflected in ODOT standards as
determined by the Road Department Director.
17.48.370. Construction -Cooperation with Utilities.
DCC 17.48.370(A)(B)(C) describes guidance for cooperating with and notifying all facility owners,
railroads, and fire control authorities if damage occurs within the vicinity of work during the
construction of underground utilities; the proposed amendment removes outdated language
and includes new guidance to notify the Oregon Utility Notification Center according to
applicable OARs.
17.48.390. Construction -Clearing and Grubbing.
DCC 17.48.390 describes guidance for performing work in accordance with ODOT/ American
Public Works Association (APWA) Oregon Standard Specifications for Construction; the proposed
amendment removes an outdated reference to a specific section of these specifications.
17.48.400. Construction -Dust Control.
DCC 17.48.400(A) describes guidance for dust abatement in accordance with ODOT/APWA
Oregon Standard Specifications for Construction; the proposed amendment removes an
outdated reference to a specific section of these specifications.
17.48.410. Construction-Subgrade Construction.
DCC 17.48.410(A)(1)(2) describes guidance for performing subgrade construction in accordance
with ODOT/APWA Oregon Standard Specifications for Construction; the proposed amendment
removes an outdated reference to a specific section of these specifications and outdated
guidance for supplemental methods that are not in accordance with ODOT standards as
determined by the Road Department Director.
17.48.420. Construction -Surfacing Requirements.
DCC 17.48.420(A)(1)(2)(B)(C)(D)(1) describes guidance for performing surfacing construction in
accordance with ODOT/APWA Oregon Standard Specifications for Construction; the proposed
amendment removes outdated references to specific sections of these specifications and DCC
Title 17 that are not in accordance with ODOT/APWA standards as determined by the Road
Department Director.
17.48.430. Construction -Concrete Curb.
DCC 17.48.430(A) describes guidance for constructing concrete curbs in accordance with
ODOT/APWA Oregon Standard Specifications for Construction; the proposed amendment
PAGE 5 OF 6 - EXHIBIT D TO ORDINANCE NO. 2021-007
removes outdated references to DCC Title 17 that are not in accordance with ODOT/APWA
standards as determined by the Road Department Director.
17.48.440. Construction -Sidewalks.
DCC 17.48.440(B) describes guidance for constructing concrete sidewalks in accordance with
ODOT/APWA Oregon Standard Specifications for Construction; the proposed amendment
removes outdated references to DCC Title 17 that are not in accordance with ODOT/APWA
standards and adds language requiring sidewalks to conform to standard drawings as
determined by the Road Department Director.
17.48.460. Construction-Catchbasins.
DCC 17.48.460 describes guidance for constructing concrete catchbasins; the proposed
amendment removes outdated references to DCC Title 17 that are not in accordance with
ODOT/APWA standards and adds language requiring catchbasins to conform to standard
drawings as determined by the Road Department Director.
A. Title 18, County Zoning_
Chapter 18.16 EXCLUSIVE FARM USE ZONES
Section 18.16.037. Guest Ranch.
DCC 18.16.037 defines criteria for guest ranches in the EFU zone. Previously, this chapter was
due to sunset in 2012, and then in 2018; in 2018, Oregon HB 4031 extended this sunset date to
April 15, 2020. The proposed amendment strikes the sunset clause note from the code to reflect
the same changes to ORS 215.461-62 and adds guidance regarding annual reporting
procedures.
Chapter 18.128 CONDITIONAL USE
Section 18.128.360. Guest Ranch.
DCC 18.128.360 defines criteria for guest ranches and a conditional use in the EFU zone.
Previously, this chapter was due to sunset in 2010, and then in 2018; in 2018, Oregon HB 4031
extended this sunset date to April 15, 2020. The proposed amendment strikes the sunset clause
note from the code to reflect the same changes to ORS 215.461-62 and adds guidance regarding
annual reporting procedures.
V. CONCLUSION:
Based on the information provided herein, the staff recommends the Planning Commission and
Board of County Commissioners approve the proposed text amendments that make minor changes
necessary to remove outdated content and reflect changes to state law.
PAGE 6 OF 6 - EXHIBIT D TO ORDINANCE NO. 2021-007
'r Es CoG
Q 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 June 9, 2021
DATE: June 2, 2021
FROM: Brandon Herman, Community Development, 541-385-1704
TITLE OF AGENDA ITEM:
PUBLIC HEARING: Guest Ranch and Title 17 Text Amendments
The Board of County Commissioners will conduct a public hearing on June 9, 2021 concerning
Ordinance No. 2021-007, legislative amendments to address the striking of the Guest Ranch
sunset clause and other housekeeping updates for Title 17, Subdivisions.
MEMORANDUM
TO: Deschutes County Board of County Commissioners
FROM: Brandon Herman, AICP, PLA, Associate Planner
DATE: June 9, 2021
SUBJECT: Public Hearing: Guest Ranch and Title 17 Text Amendments
(File No. 247-21-000240-TA)
The Board of County Commissioners (Board) will conduct a public hearing on June 9, 2021'
concerning Ordinance No. 2021-007, legislative amendments to address 1) the striking of the Guest
Ranch sunset clause in Title 18 and 2) housekeeping updates for Title 17, Subdivisions. Staff
submitted a 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the Department of
Land Conservation and Development (DLCD) on March 18, 2021. Staff held a work session with the
Planning Commission on April 8, 2021 z, a public hearing on April 22, 20213, and deliberations on May
13, 20214 at which time the Planning Commission voted unanimously to recommend approval of the
proposed amendments. The Board then conducted a work session on May 24, 20215 in preparation
for the June 9,- 2021 public hearing. The proposed amendments are provided as attachments to this
memorandum; the full written record to date was provided to the Board for the May 24 work session.
I. PROPOSAL
A. Amend Deschutes County Code (DCC) Chapter 17.48 (Design and Construction Specifications)
with housekeeping edits that the Road Department has requested. These proposed
amendments, based on recommendations from County Engineering, will help to streamline
the code by updating language, striking references that conflict with Oregon Administrative
Rules (OARS), and/or removing outdated, inaccurate content.
1 https:Hdeschutescountyor.igm2.com/Citizens/Detail_Meeting.aspx?ID=2778
z https:Hdeschutescountyor.igm2.com/Citizens/Detail_Meeting.aspx?ID=2748
3 https:Hdeschutescountyor.igm2.com/Citizens/Detail_Meeting.aspx?ID=2750
4 https:Hdeschutescountyor.igm2.com/Citizens/Detail_Meeting.aspx?ID=2770
S https:Hdeschutescountyor.igm2.com/Citizens/Detail_Meeting.aspx?ID=2701
B. In May of 2019, the Oregon State Legislature voted in favor of House Bill 2435 which removed
the sunset clause for Guest Ranches as a conditional use on land zoned Exclusive Farm Use
(EFU). In addition, HB 2435 requires Guest Ranches to submit annual reports to their
respective county. With these changes to the state law, it is appropriate to remove the sunset
clause and add similar language related to annual reporting requirements to DCC. In addition,
allowing guest ranches to operate will help to bolster agritourism operations, a major
component of the Deschutes County economy.
The applicant, in this case the Deschutes County Community Development Department, has
submitted findings summarizing the amendments and demonstrating that the text amendments are
in compliance with the Statewide Planning Goals, applicable policies of the Deschutes County
Comprehensive Plan including the Transportation System Plan (TSP).
Table 1 summarizes the proposed changes by zone in rural Deschutes County.
Table 1. Existing and Proposed Text Amendments Zoning
Code
Proposed Change
Title 17 - Subdivisions
Chapter 17.48 DESIGN AND CONSTRUCTION SPECIFICATIONS
17.48.010. Minimum Standards
Remove outdated standards and references to
Established
Redmond -specific design guidance.
17.48.090. Intersections
17.48.190. Drainage
Strike references to specific imbedded design
17.48.250. Utilities -Construction-
standards, instead relying on more current ODOT or
Performance -Standards
City of Bend Standard Drawings.
17.48.270. Utilities-Construction-
Backfilling and Restoring
17.48.280. Utilities -Construction-
Strike outdated phone number and replace with new
Inspection
contact guidance.
Proposed amendment removes reference to outdated
17.48.310. Insurance
requirements and includes new guidance for coverage.
17.48.370. Construction -Cooperation
The proposed amendment removes outdated language
with Utilities
and includes new guidance.
17.48.390. Construction -Clearing and
Grubbing
The proposed amendment removes outdated
references to a specific section of these specifications.
17.48.400. Construction -Dust Control
Page 2 of 4
Code
Proposed Change
17.48.410. Construction-Subgrade
Construction
17.48.420. Construction -Surfacing
Requirements
17.48.430. Construction -Concrete Curb
17.48.440. Construction -Sidewalks
The proposed amendment removes outdated
references to DCC Title 17 that are not in accordance
17.48.460. Construction-Catchbasins
with ODOT/APWA standards.
Title 18 - County Zoning
Chapter 18.16 EXCLUSIVE FARM USE ZONE
The proposed amendment strikes the sunset clause
18.16.037. Guest Ranch
note from the code to reflect the same changes to ORS
215.461-62 and adds guidance regarding annual
reporting procedures.
Chapter 18.128 CONDITIONAL USE
The proposed amendment strikes the sunset clause
18.128.360. Guest Ranch
note from the code to reflect the same changes to ORS
215.461-62 and adds guidance regarding annual
reporting procedures.
III. WRITTEN RECORD
The.following individuals submitted written testimony during the Planning Commission open record
period, which closed on May 5, 2021 at 5:00 pm, and were included in the Planning Commission
Deliberations Packet:
• Fancher, Liz
• Richardson, Lance and Rebecca
The following individual submitted public comments after the open record period had closed. They
are provided to the Board as an attachment to this packet.
• Gould, Nunzie
IV. HEARING TESTIMONY AND DISCUSSION
During the April 22, 2021 Planning Commission public hearing, one individual provided testimony
expressing dissatisfaction regarding the lack of regulations the County places on existing and new
guest ranches, with regards to environmental impacts. The community member was concerned that
new guest ranches could place increased strains on limited water resources and have negative
Page 3 of 4
impacts on wildlife habitats, most notably migration routes and wintering grounds. In addition, the
community member expressed concerns over the ability of Deschutes County to effectively enforce
annual reporting requirements and code compliance for existing and new guest ranches.
Although the testimony was relevant to emerging County issues, it may not be specifically relevant to
the sunset clause amendments at hand, the scope of which —as outlined in the department work
plan —is considered a "housekeeping" amendment to align local code with State statute. Planning
Director Nick Lelack has suggested that these issues would be most effectively addressed in a
separate work session.
1��t11191 aiIs] 01-YA 4M14ITCl40EWA
Owing to the need for County Code to accurately reflect state statute and up-to-date references, staff
is providing draft ordinance versions for adoption by emergency and non -emergency for the Board's
consideration.
VI. NEXT STEPS
• Continue the hearing to a date certain;
• Close the oral record and leave the written record open to a date certain;
• Close the oral record and the written record and set a date for deliberations; or
• Close the hearing and begin deliberations.
Attachments:
1. Draft Ordinance No. 2021-007 - Emergency
2. Draft Ordinance No. 2021-007 - Non -Emergency
3. Corresponding Exhibits to Ordinance No. 2021-007:
Exhibit A - DCC Chapter 17.48, Design and Construction Specifications
Exhibit B - DCC Chapter 18.16, Exclusive Farm Use Zone
Exhibit C - DCC Chapter 18.128, Conditional Use
Exhibit D - Findings
4. 2021-05-05 Public Comment - Gould
Page 4 of 4
From:
Peter Gutowsky
To:
Brandon Herman
Cc:
Tanya Saltzman
Subject:
FW: comments on guest ranch text amendment
Date:
Thursday, May 6, 20214:39:38 PM
Attachments:
imaoe001.ono
image002.ono
imaae003.ona
imaae004.gnQ
FYI.
Peter Gutowsky, AICP I Manning Manager
r 117 NW Lafayette Avenue I Bend, Oregon 97703
Tel: 6)385-1709
6
Enhancing the lives of citizens by delivering quality services in a cost-effective manner.
From: Peter Gutowsky
Sent: Thursday, May 6, 20214:38 PM
To: 'Nunzie' <nunzie@pacifier.com>; Planning Commission <PlanningCommission@deschutes.org>
Cc: Nick Lelack <Nick.Lelack@deschutes.org>
Subject: RE: comments on guest ranch text amendment
Nunzie,
The record closed yesterday at 5:00 p.m.
Peter Gutowsky, AICP I Planning Manager
117 NW Lafayette Avenue I Bend, Oregon 97703
6Tel: 541) 385-1709
6
`enhancing the lives of citizens by delivering a,wallty se/Vlecc in a cost-effc"cti've mannier.
From: Nunzie <nunzie@pacifier.com>
Sent: Thursday, May 6, 2021 3:39 PM
To: Planning Commission <PlanningCommission@deschutes.org>
Cc: Peter Gutowsky <Peter.Gutowsky@deschutes.org>; Nick Lelack <Nick.Lelack@deschutes.org>
Subject: comments on guest ranch text amendment
[EXTERNAL EMAIL]
Greetings Planning Commissioners:
As a follow-up to my testimony at your public hearing 4/22/21 on the guest ranch text
amendment I have two suggested improvements:
I think it important for Deschutes County's guest ranch reporting criteria to match state law per
Section 8<https://www.oregonlaws.org/ors/215.461>
Therefore, please add to Section N
"the report collected from a guest ranch shall be made available to the public upon
request".
Also in Section N.3. I think it appropriate for "or any" to be replaced with "and each" to read
as follows
3. Other information to ensure ongoing compliance with this section and each condition
of approval.
Thank you
Nunzie Gould