2023-268-Ordinance No. 2023-019 Recorded 8/28/2023REVIEWED
LEGAL COUNSEL
Recorded in Deschutes County CJ2023-268
Steve Dennison, County Clerk 08/28/2Q23 7:44:37 AM
Commissioners' Journal
`%r rs Cc�
2023-268
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 18, Chapter 92, to Repeal the Conventional
Housing Combining Zone. ORDINANCE NO. 2023-019
WHEREAS, the Board of County Commissioners directed Deschutes County Community Development
Department staff to initiate amendments (Planning Division File No. 247-23-000391-TA) to Deschutes County
Code Title 18, Chapter 92, Conventional Housing Combining Zone; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on June 22,
2023 and forwarded to the Deschutes County Board of County Commissioners ("Board") a 4-1 recommendation
of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on August 9, 2023 and
concluded that the public will benefit from the proposed changes to the Deschutes County Code Title 18; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. Chapter 18.92, Conventional Housing Combining Zone, is repealed to read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 fiketr ,.,.,.,.r,.
Section 2. FINDINGS. The Board adopts as its findings, Exhibit "B" attached and incorporated by
reference herein.
Section 3. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public
peace, health, safety, and welfare, an emergency is declared to exist, and this Ordinance becomes effective
immediately.
PAGE 1 OF 2 - ORDINANCE NO.2023-019
Dated this of 0 ° 12023
ATTEST:
4-vP,v,,. 1, ;4� +4,,-v-dV
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHO DEBONE, Chair
PA A , ice Chair
PHILIP CHANG
Date of Is' Reading: P3 day of r 2023.
_ H
Date of 2nd Reading: day of " 2023.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Anthony DeBone X
Patti Adair X _
Philip Chang ly
Effective date: C�day of A , 2023.
PAGE 2 OF 2 - ORDINANCE NO. 2023-019
Exhibit A: Proposed Text Amendments
New
CHAPTER 18.92 CONVENTIONAL HOUSING COMBINING ZONE; CH jllepealegU
1 Q 97 n1 n ou Fpese
1 Q 92 020 Permitted i s s
1 Q 97 030 f use i „- il—ta-ti nS
Exhibit B: Proposed Findings 247-23-000391-TA
FINDINGS
I. PROPOSAL SUMMARY
This is a legislative text amendment to Deschutes County Code (DCC), Title 18 County Zoning, to
repeal Chapter 18.92, Conventional Housing Combining (CHC) Zone.
Staff is proposing the following revisions to complete this text amendment:
® Repeal of section 18.92 Conventional Housing Combining Zone from the Deschutes County
Code
® Zoning Map Amendment to repeal the Conventional Housing Combining Zone
The CHC Zone serves as an overlay zone and restricts placement of manufactured or prefabricated
homes in specific areas of the County with the following stated purpose:
"To provide a variety of residential environments in rural areas by maintaining areas reserved for
conventional and modular housing permanently attached to real property" '
Deschutes County adopted the CHC Zone in 1979 as part of Ordinance PL-1 S, the County's Zoning
Ordinance. The CHC Zone applies to three areas - an area to the east of Tumalo, west of Tumalo
and east of Bend as shown in the map in Attachment 3. From staff research, this overlay zone
appears to have been created by petition of property owners, although specific findings for the
intent of the zone and its location are not available in county records.
In 2020, the County produced a Rural Housing Profile, which outlined several potential strategies
for removing barriers to housing production in rural Deschutes County. The repeal of the CHC Zone
was listed as a strategy as it would give those properties the potential to provide affordable housing
in the form of mobile or manufactured homes, which are less expensive alternatives to stick -built
or modular housing.
In addition to this, on March 23, 2022, Oregon House Bill 4064 became effective. The bill amended
several sections of Oregon Revised Statute which clarified that local governments may not prohibit
siting of prefabricated structures in residential zones where traditional single-family homes or other
common dwelling types were allowed. Although the amendments were primarily targeted toward
cities and urban growth boundaries, Section 4, ORS 197.312 OR was revised to limit both city and
county jurisdictions' ability to prohibit manufactured prefabricated homes in residential zones.
1 DCC 18.92.010
Page 1 of 8 - EXHIBIT B TO ORDINANCE NO. 2023-019
The CHC Zone impacts approximately 505 properties. The tables below break down the zoning of
the properties within the CHC Zone. Staff notes that of the 505 properties, 381 of them have at least
some portion of the property within a resource zone and 128 have at least some portion of the
property within a residential zone.
Single Base Zoned Properties
Zone Number of properties
Resource Zones
Exclusive Farm Use (EFU)
353
Forest Use (F1 /F2)
4
Open Space and Conservation (OSC)
3
Total Resource Zoned Properties: 360
Residential Zones
n n. .la.: ._I� i i�� n�._: _. .li. .. �I in A. In nn1
IVIultIlDle Use NRI Icullu(al OVIUN I UI
n-
1 00 1
Rural Residential (RR10)
10
Tumalo Residential (TUR/TUR5)
7
Total Residential Zoned Properties: 100
Total Single Zoned Properties in CHC Zone: 460
Multiple Base (Split) Zoned Properties
Zones
Number of properties
EFU and F1/F2
1
EFU and MUA 10
3
EFU and RR10
1
EFU and FP
13
EFU, FP, and MUA10
2
EFU, FP, and TUR/TUR5
1
MUA10 and Flood Plain (FP)
16
Surface Mine (SM) and FP
TUR/TUR5 and FP
3
4
MUA10, TUR5, and FP
1
Total Split ?oned Properties in CHC Zone: 45
1 1
The purpose of these amendments is twofold: to implement the recommendation of the 2020
housing profile to allow for an affordable housing option where stick -built residential structures are
otherwise allowed and also to bring the Deschutes County Code into compliance with HB 4064 by
specifically removing this combining zone from residentially zoned properties.
Page 2 of 8 - EXHIBIT B TO ORDINANCE NO. 2023-019
Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative text
amendment. Nonetheless, since Deschutes County is initiating the amendment, the County bears
the responsibility for justifying that the amendments are consistent with Statewide Planning Goals
and its existing Comprehensive Plan.
CHAPTER 22.12, LEGISLATIVE PROCEDURES
Section 22.12.010
Hearing Required
FINDING: This criterion will be met because a public hearing was held before the Deschutes
County Planning Commission on June 22, 2023 and Board of County Commissioners on August 9,
2023.
Section 22.12.020, Notice
Notice
A. Published Notice
1. Notice of a legislative change shall be published in a newspaper of general
circulation in the county at least 10 days prior to each public hearing.
2. The notice shall state the time and place of the hearing and contain a statement
describing the general subject matter of the ordinance under consideration.
FINDING: This criterion will be met as notice was published in the Bend Bulletin newspaper for the
Planning Commission public hearing on June 22, 2023, and the Board of County Commissioners'
public hearing on August 9, 2023.
B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and
where necessary to comply with ORS 203.045.
FINDING: Posted notice was determined by the Planning Director not to be necessary.
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: In accordance with the above criterion, individual notice was sent to all property owners
within the Conventional Housing Combining Zone, as well as those property owners within 250 of
the Zone's boundaries in order to comply with DCC 22.24.030(A)(2).
Page 3 of 8 - EXHIBIT B TO ORDINANCE NO. 2023-019
D. Media notice.Copies of the noticeof hearing shallbe transmitted to other
newspapers published in Deschutes County.
FINDING: G: Notice was provided to the County pub iniorIIIULI n offiliai for vVider media
distribution. This criterion is met.
Section 22.12.030, initiation of Legislative Changes
A legislative change may be initiated by application of individuals upon payment of
requiredfees 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 is met.
Sertinn 22.12.n4n. HParinu<, Rnciv
A. The following shall serve as hearings or review body for legislative changes in this
order.
9. The Planning Commission.
2. The Board of County Commissioners.
B. Any legislative change initiated by the Board of County Commissioners shall be
reviewed by the Planning Commission prior to action being taken by the Board of
FINDING: The Deschutes County Planning Commission held the initial public hearing on June 22,
2023. The Board then held a public hearing on August 9, 2023. These criteria are met,
Section 22.12.050 Final Decision
U, *I, toolll '• • • !
FINDING: The proposed legislative changes will be implemented by Ordinance No. 2023-019 upon
approval and adoption by the Board of County Commissioners. This criterion will be met.
Goal 1: Citizen Involvement: The amendments do not propose any changes to the County's citizen
involvement program. Notice of the proposed amendments were provided to the Bulletin for each
public hearing as well as in accordance with DCC 22.12.020 (C).
Goal 2: Land Use Planning: This goal is met because ORS 197.610 allows local governments to initiate
post acknowledgments plan amendments (PAPA). An Oregon Land Conservation and Development
Department 35-day notice was initiated on May 18, 2023 The Planning Commission held a public
Page 4 of 8 - EXHIBIT B TO ORDINANCE NO. 2023-019
hearing on June 22, 2023 and the Board of County Commissioners held a public hearing on August
9, 2023. Staff finds compliance with Goal 2 is met.
Goal 3: Agricultural Lands: The proposed amendments are to repeal the Conventional Housing
Combining Zone which restricts manufactured and pre -fabricated homes. This repeal would
remove this restriction, without changing any other requirements for establishing a dwelling within
the Exclusive Farm Use Zone. Adverse impacts to farming practices are not anticipated under these
amendments as the change only pertains to the style of the residential dwelling to be placed onto
the property. Oregon Revised Statute and Rule do not contain specific requirements for restrictions
on manufactured or pre -fabricated dwellings in the Exclusive Farm Use Zones, and this text
amendment will not alter other existing requirements for dwellings in the Exclusive Farm Use Zone.
Staff finds compliance with Goal 3 is met.
Goal 4: Forest Lands: The proposed amendments are to repeal the Conventional House Combining
Zone which restricts manufactured and pre -fabricated homes. This repeal would remove this
restriction, without changing any other requirements for establishing a dwelling within the Forest
Use Zone. Adverse impacts to forest practices are not anticipated under these amendments and no
such impacts have been identified in the record. Oregon Revised Statute and Rule do not contain
specific requirements for restrictions on manufactured or pre -fabricated dwellings in the Forest Use
Zones, and this text amendment will not alter other existing requirements for dwellings in the Forest
Use Zone. Staff finds compliance with Goal 4 is met.
Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources: Goal 5 is to protect natural
resources and conserve scenic and historical areas and open spaces. OAR 660-023-0250(3) states
that local governments are not required to apply Goal 5 in consideration of a PAPA unless the PAPA
affects a Goal 5 resource. The proposed amendment is not seeking to change any requirements in
a Goal 5 resource. Staff finds compliance with Goal 5 is met.
Goal 6: Air, Water and Land Resources Quality: The proposed text amendments do not propose to
change the County's Plan policies or implementing regulations for compliance with Goal 6. Staff
finds compliance with Goal 6 is met.
Goal 7: Areas Subject to Natural Disasters and Hazards: The proposed text amendments do not
propose to change the County's Plan or implementing regulations regarding natural disasters and
hazards; therefore, they comply. Staff finds compliance with Goal 7 is met.
Goal 8: Recreational Needs: The text amendments do not propose to change the County's Plan or
implementing regulations regarding recreational needs. Staff finds compliance with Goal 8 is met
Goal 9: Economic Development: Goal 9 and its implementing regulations focus on economic analysis
and economic development planning required in urban Comprehensive Plans to ensure there is
adequate land available to realize economic growth and development opportunities. Although not
directly tied to the requirements of Goal 9, staff finds that the proposed amendments comply with
the intent of this goal by providing affordable housing options for community members. Staff finds
compliance with Goal 9 is met.
Page 5 of 8 - EXHIBIT B TO ORDINANCE NO. 2023-019
Goal 10: Housing: The proposed text amendment relates to Goal 10 as it is removing restrictions on
the types of housing that can be placed in residential zones. As stated above, the proposed
amendment is in response to the adoption of House Bill 4604 which prohibits County's from placing
restrjrtirinS rin rr.an ifactured and nrr`-fabri ateui hnuicina The text amendment IS a,so partiy in
N b'
response to the 2020 Housing Profile as a method to remove barriers to housing production within
the County. Staff finds compliance with Goal 10 is met.
Goal 11: Public Facilities and Services: The proposed text amendments do not propose to change
the County's Plan or implementing regulations regarding public facilities and services. Staff finds
compliance with Goal 11 is met.
Goal 12: i ransportation: Goal 12 is to provide and encourage a safe, convenient and economic
transportation system. The proposed text amendments will not change the functional classification
of any existing or planned transportation facility or standards implementing a functional
classification system. Staff finds compliance with Goal 12 is met.
Goal 13: Energy Conservation: The proposed text amendments do not propose to change the
County's Plan or implementing regulations regarding energy conservation. Staff finds compliance
with Goal 13 is met.
Goal 14: Urbanization: The proposed text amendments do not propose to change the County's Plan
or implementing regulations regarding urbanization. Staff finds compliance with Goal 14 is met.
Goals 15 through 19 are not applicable to the proposed text amendments because the County does
not contain these types of lands.
Chapter 1, Comprehensive Planning:
This chapter sets the Goals and Policies of how the County will involve the community and conduct
land use planning. As described above, the proposed regulations will be discussed at work sessions
with the Board of County Commissioners, as well as to the Planning Commission, which is the
County's official committee for public involvement. Both will conduct separate public hearings.
These actions also satisfy the Goals and relevant Policies of Section 1.3, Land Use Planning Policies.
Goal 1 of this section is to "maintain an open and public land use process in which decisions are
based on the objective evaluation of facts." Staff, the Planning Commission, and the Board reviewed
the text amendments. Staff finds that compliance with Chapter 1 of the Comprehensive Plan is met.
Chapter 2, Resource Management:
This chapter sets the Goals and Policies of how the County will protect resource lands, including but
not limited to, Agriculture and Forest as well as Water Resources and Environmental Quality.
Section 2.3, Forest Land Policies
Page 6 of 8 - EXHIBIT B TO ORDINANCE NO. 2023-019
Goal 1 Protect and maintain forest lands for multiple uses, including forest products, watershed
protection, conservation, recreation and wildlife habitat protection.
Policy 2.3.3, To conserve and maintain impacted forest lands, retain Forest 2 zoning for those
lands with the following characteristics:
a. Consist predominantly of ownerships developed for residential or non -forest uses;
b. Consist predominantly of ownerships less than 160 acres;
c. Consist of ownerships generally contiguous to tracts containing less than 160 acres
and residences, or adjacent to acknowledged exception areas; and
d. Provide a level of public facilities and services, including roads, intended primarily
for direct services to rural residences.
Forest Lands, states that the goal is to protect forests and their economic benefits. Within this
section, the future of residential development is discussed and the challenge of allowing residential
fragmentation within the forest zones. Staff notes that the proposed text amendments, which
would remove restrictions on placing manufactured homes in an area where residences are
approved, will have no effect on this Chapter of the Comprehensive Plan and the current
requirements for developing a residence on Forest Zoned lands. Staff finds compliance with this
policy is met.
Chapter 3, Rural Growth Management:
Section 3.3, Rural Housing
Goal 1 Maintain the rural character and safety of housing in unincorporated Deschutes County
Policy 3.3.5, Maintain the rural character of the County while ensuring a diversity of housing
opportunities, including initiating discussions to amend State Statute and/or Oregon
Administrative Rules to permit accessory dwelling units in Exclusive Farm Use, Forest and
Rural Residential zones
The CHC Zone places a restriction on manufactured and pre -fabricated dwellings. The repeal of this
Combining Zone will align with the section of the Comprehensive Plan as it will allow housing
diversity in all areas of the County where residences are permitted. Staff finds compliance with this
policy is met.
Chapter 4, Urban Growth Management:
Section 4.7 Tumalo Community Plan
Residential Area Policies
11. Plan and zone for a diversity of housing types and densities suited to the capacity of the
land to accommodate water and sewage requirements.
The CHC Zone covers several properties located in the unincorporated community boundary of
Tumalo, as such this policy applies. The CHC Zone is proposing to remove a restriction on the type
of housing placed in residential zones and will promote greater diversity in housing type. The
Page 7 of 8 - EXHIBIT B TO ORDINANCE NO. 2023-019
density, water, and sewage requirements are not proposed to change with this proposal. Staff finds
compliance with this policy is met.
Page 8 of 8 - EXHIBIT B TO ORDINANCE NO. 2023-019
wy��vT E S CO
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a
MEETING DATE:
BOARD OF
COMMISSIONERS
August 23, 2023
SUBJECT: Deliberations: Repeal of the Conventional Housing Combining Zone
BACKGROUND AND POLICY IMPLICATIONS:
The Board will conduct deliberations on August 23, 2023 to consider a staff -initiated text
amendment (file no 247-23-000391-TA) to repeal the Conventional Housing Combining
Zone.
BUDGET IMPACTS:
None
ATTENDANCE:
Rachel Vickers, Associate Planner
ES
h1k
COMMUNITY NE'r- € O Pk E N
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Rachel Vickers, Associate Planner
DATE: August 23, 2023
SUBJECT: Deliberations: Conventional Housing Combining Zone Repeal
The Board of County Commissioners (Board) will conduct deliberations to consider legislative
amendments to repeal the Conventional Housing Combining Zone (file no. 247-23-000391-TA) on
August 23, 2023. The full record is available at the project website:
https://www.deschutes.org/cd/page/247-23-000391 -ta-% E2%80%93-re pea I -co nventi on a 1-ho us i ng-
combining-zone.
Staff submitted a 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the Department
of Land Conservation and Development on May 17, 2023. Staff presented the proposed amendments
to the Planning Commission at a public hearing on June 22, 2023'. The Planning Commission voted
4-1 recommending approval of the proposed amendments. Attached to this memorandum are the
proposed text amendments and findings, which have not changed since the Planning Commission
hearing. Within the proposed amendments, added language is shown underlined and deleted shown
as strikethrough.
I. BOARD PUBLIC HEARING
The Board held a public hearing on August 9, 20232. No oral testimony was provided during the
public hearing. Staff requested the Board leave the written record open as the Planning Commission
staff report for this proposal was unintentionally omitted from the record. The Board closed the oral
record and left the written record open until Wednesday August 16t" at 4pm.
II. OPEN RECORD PERIOD SUBMITTALS
During the open record period staff uploaded all relevant materials to the public record for this text
amendment. In addition, staff received one comment during the open record period. The comment
indicated that there was a lack of general awareness for the amendment and included several
1 https://www.deschutes.org/bc-pc/page/planning-commission-30
z https•//www.deschutes.org/bcc/page/board-county-commissioners-meeting-118
questions in relation to the proposed amendments. Staff addressed all of the commenter's questions
and has since received no further communication.
III. NEXT STEPS
At the conclusion of the meeting, the Board can:
• Continue deliberations to a date certain;
• Close deliberations and propose a motion during this meeting.
If the Board decides to close deliberations and propose a motion during this meeting, staff provides
the following options:
• Move to approve the amendments as drafted;
• Move to approve the amendments with suggested edits or recommendations;
• Move to deny the amendments;
ATTACHMENTS:
1. Proposed Text Amendments
2. Proposed Findings
3. CHC Zone Map
4. Draft Ordinance 2023-019
5. Draft Ordinance 2023-019 Emergency
Page 2 of 2
Attachment 1: Proposed Text Amendments
yea
New
CHAPTER 18.92 CONVENTIONAL HOUSING COMBINING ZONE; CH jaejBaled
(Repealed by Ord. 2023-019 on X/XX/XXXX)
1 Q A7 0- n ll ayey
Q 97 029 oeFMitted i i& s
Attachment 2: Proposed Findings 247-23-000391-TA
FINDINGS
I. PROPOSAL SUMMARY
This is a legislative text amendment to Deschutes County Code (DCC), Title 18 County Zoning, to
repeal Chapter 18.92, Conventional Housing Combining (CHC) Zone.
Staff is proposing the following revisions to complete this text amendment:
• Repeal of section 18.92 Conventional Housing Combining Zone from the Deschutes County
Code
• Zoning Map Amendment to repeal the Conventional Housing Combining Zone
II. BACKGROUND
The CHC Zone serves as an overlay zone and restricts placement of manufactured or prefabricated
homes in specific areas of the County with the following stated purpose:
"To provide a variety of residential environments in rural areas by maintaining areas reserved for
conventional and modular housing permanently attached to real property" '
Deschutes County adopted the CHC Zone in 1979 as part of Ordinance PL-15, the County's Zoning
Ordinance. The CHC Zone applies to three areas - an area to the east of Tumalo, west of Tumalo
and east of Bend as shown in the map in Attachment 3. From staff research, this overlay zone
appears to have been created by petition of property owners, although specific findings for the
intent of the zone and its location are not available in county records.
In 2020, the County produced a Rural Housing Profile, which outlined several potential strategies
for removing barriers to housing production in rural Deschutes County. The repeal of the CHC Zone
was listed as a strategy as it would give those properties the potential to provide affordable housing
in the form of mobile or manufactured homes, which are less expensive alternatives to stick -built
or modular housing.
In addition to this, on March 23, 2022, Oregon House Bill 4064 became effective. The bill amended
several sections of Oregon Revised Statute which clarified that local governments may not prohibit
siting of prefabricated structures in residential zones where traditional single-family homes or other
common dwelling types were allowed. Although the amendments were primarily targeted toward
cities and urban growth boundaries, Section 4, ORS 197.312 OR was revised to limit both city and
county jurisdictions' ability to prohibit manufactured prefabricated homes in residential zones.
1 DCC 18.92.010
Page 1 of 8 - EXHIBIT B TO ORDINANCE NO. 2023-019
The CHC Zone impacts approximately 505 properties. The tables below break down the zoning of
the properties within the CHC Zone. Staff notes that of the 505 properties, 381 of them have at least
some portion of the property within a resource zone and 128 have at least some portion of the
property within a residential zone.
Single Base Zoned Properties
Zone
Number of properties
Resource Zones
Exclusive Farm Use (EFU)
353
Forest Use (F1 /F2)
4
Open Space and Conservation (OSC)
3
Total Resource Zoned Properties: 360
Residential Zones
Multiple Use Agricultural (MUA10)
83
Rural Residential (RR10)
10
Tumalo Residential (TUR/TUR5)
7
Total Residential Zoned Properties: 100
Total Single Zoned Properties in CHC Zone: 460
Multiple Base (Split) Zoned Properties
Zones
Number of properties
EFU and F1/F2
1
EFU and MUA 10
3
EFU and RR10
1
EFU and FP
13
EFU, FP, and MUA10
2
EFU, FP, and TUR/TUR5
1
MUA10 and Flood Plain (FP)
16
Surface Mine (SM) and FP
3
TUR/TUR5 and FP
4
MUA10, TUR5, and FP
1
Total Split Zoned Properties in CHC Zone: 45
The purpose of these amendments is twofold: to implement the recommendation of the 2020
housing profile to allow for an affordable housing option where stick -built residential structures are
otherwise allowed and also to bring the Deschutes County Code into compliance with HB 4064 by
specifically removing this combining zone from residentially zoned properties.
Page 2 of 8 - EXHIBIT B TO ORDINANCE NO. 2023-019
III. REVIEW CRITERIA
Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative text
amendment. Nonetheless, since Deschutes County is initiating the amendment, the County bears
the responsibility for justifying that the amendments are consistent with Statewide Planning Goals
and its existing Comprehensive Plan.
IV. FINDINGS
CHAPTER 22.12, LEGISLATIVE PROCEDURES
Section 22.12.010
Hearing Required
FINDING: This criterion will be met because a public hearing was held before the Deschutes
County Planning Commission on June 22, 2023 and Board of County Commissioners on August 9,
2023.
Section 22.12.020, Notice
Notice
A. Published Notice
1. Notice of a legislative change shall be published in a newspaper of general
circulation in the county at least 10 days prior to each public hearing.
2. The notice shall state the time and place of the hearing and contain a statement
describing the general subject matter of the ordinance under consideration.
FINDING: This criterion will be met as notice was published in the Bend Bulletin newspaper for the
Planning Commission public hearing on June 22, 2023, and the Board of County Commissioners'
public hearing on August 9, 2023.
B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and
where necessary to comply with ORS 203.045.
FINDING: Posted notice was determined by the Planning Director not to be necessary.
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: In accordance with the above criterion, individual notice was sent to all property owners
within the Conventional Housing Combining Zone, as well as those property owners within 250 of
the Zone's boundaries in order to comply with DCC 22.24.030(A)(2).
Page 3 of 8 - EXHIBIT B TO ORDINANCE NO. 2023-019
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 is met.
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 is met.
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.
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 June 22,
2023. The Board then held a public hearing on August 9, 2023. These criteria are met.
Section 22.12.050, Final Decision
All legislative changes shall be adopted by ordinance
FINDING: The proposed legislative changes will be implemented by Ordinance No. 2023-019 upon
approval and adoption by the Board of County Commissioners. This criterion will be met.
A. Statewide Planning Goals and Guidelines
Goal 1: Citizen Involvement: The amendments do not propose any changes to the County's citizen
involvement program. Notice of the proposed amendments were provided to the Bulletin for each
public hearing as well as in accordance with DCC 22.12.020 (C).
Goal 2: Land Use Planning: This goal is met because ORS 197.610 allows local governments to initiate
post acknowledgments plan amendments (PAPA). An Oregon Land Conservation and Development
Department 35-day notice was initiated on May 18, 2023 The Planning Commission held a public
Page 4 of 8 - EXHIBIT B TO ORDINANCE NO. 2023-019
hearing on June 22, 2023 and the Board of County Commissioners held a public hearing on August
9, 2023. Staff finds compliance with Goal 2 is met.
Goal 3: Agricultural Lands: The proposed amendments are to repeal the Conventional Housing
Combining Zone which restricts manufactured and pre -fabricated homes. This repeal would
remove this restriction, without changing any other requirements for establishing a dwelling within
the Exclusive Farm Use Zone. Adverse impacts to farming practices are not anticipated under these
amendments as the change only pertains to the style of the residential dwelling to be placed onto
the property. Oregon Revised Statute and Rule do not contain specific requirements for restrictions
on manufactured or pre -fabricated dwellings in the Exclusive Farm Use Zones, and this text
amendmentwill not alter other existing requirements for dwellings in the Exclusive Farm Use Zone.
Staff finds compliance with Goal 3 is met.
Goal 4: Forest Lands: The proposed amendments are to repeal the Conventional House Combining
Zone which restricts manufactured and pre -fabricated homes. This repeal would remove this
restriction, without changing any other requirements for establishing a dwelling within the Forest
Use Zone. Adverse impacts to forest practices are not anticipated under these amendments and no
such impacts have been identified in the record. Oregon Revised Statute and Rule do not contain
specific requirements for restrictions on manufactured or pre -fabricated dwellings in the Forest Use
Zones, and this text amendment will not alter other existing requirements for dwellings in the Forest
Use Zone. Staff finds compliance with Goal 4 is met.
Goal 5: Open Spaces Scenic and Historic Areas and Natural Resources: Goal 5 is to protect natural
resources and conserve scenic and historical areas and open spaces. OAR 660-023-0250(3) states
that local governments are not required to apply Goal 5 in consideration of a PAPA unless the PAPA
affects a Goal 5 resource. The proposed amendment is not seeking to change any requirements in
a Goal 5 resource. Staff finds compliance with Goal 5 is met.
Goal 6• Air Water and Land Resources Quality: The proposed text amendments do not propose to
change the County's Plan policies or implementing regulations for compliance with Goal 6. Staff
finds compliance with Goal 6 is met.
Goal 7• Areas Subject to Natural Disasters and Hazards: The proposed text amendments do not
propose to change the County's Plan or implementing regulations regarding natural disasters and
hazards; therefore, they comply. Staff finds compliance with Goal 7 is met.
Goal 8: Recreational Needs: The text amendments do not propose to change the County's Plan or
implementing regulations regarding recreational needs. Staff finds compliance with Goal 8 is met
Goal 9: Economic Development: Goal 9 and its implementing regulations focus on economic analysis
and economic development planning required in urban Comprehensive Plans to ensure there is
adequate land available to realize economic growth and development opportunities. Although not
directly tied to the requirements of Goal 9, staff finds that the proposed amendments comply with
the intent of this goal by providing affordable housing options for community members. Staff finds
compliance with Goal 9 is met.
Page 5 of 8 - EXHIBIT B TO ORDINANCE NO. 2023-019
Goal 10: Housing: The proposed text amendment relates to Goal 10 as it is removing restrictions on
the types of housing that can be placed in residential zones. As stated above, the proposed
amendment is in response to the adoption of House Bill 4604 which prohibits County's from placing
restrictions on manufactured and pre -fabricated housing. The text amendment is also partly in
response to the 2020 Housing Profile as a method to remove barriers to housing production within
the County. Staff finds compliance with Goal 10 is met.
Goal 11: Public Facilities and Services: The proposed text amendments do not propose to change
the County's Plan or implementing regulations regarding public facilities and services. Staff finds
compliance with Goal 11 is met.
Goal 12: Transportation: Goal 12 is to provide and encourage a safe, convenient and economic
transportation system. The proposed text amendments will not change the functional classification
of any existing or planned transportation facility or standards implementing a functional
classification system. Staff finds compliance with Goal 12 is met.
Goal 13: Energy Conservation: The proposed text amendments do not propose to change the
County's Plan or implementing regulations regarding energy conservation. Staff finds compliance
with Goal 13 is met.
Goal 14: Urbanization: The proposed text amendments do not propose to change the County's Plan
or implementing regulations regarding urbanization. Staff finds compliance with Goal 14 is met.
Goals 15 through 19 are not applicable to the proposed text amendments because the County does
not contain these types of lands.
D. Deschutes County Comprehensive Plan
Chapter 1 Comprehensive Planning:
This chapter sets the Goals and Policies of how the County will involve the community and conduct
land use planning. As described above, the proposed regulations will be discussed at work sessions
with the Board of County Commissioners, as well as to the Planning Commission, which is the
County's official committee for public involvement. Both will conduct separate public hearings.
These actions also satisfy the Goals and relevant Policies of Section 1.3, Land Use Planning Policies.
Goal 1 of this section is to "maintain an open and public land use process in which decisions are
based on the objective evaluation of facts." Staff, the Planning Commission, and the Board reviewed
the text amendments. Staff finds that compliance with Chapter 1 of the Comprehensive Plan is met.
Chapter 2, Resource Management:
This chapter sets the Goals and Policies of how the County will protect resource lands, including but
not limited to, Agriculture and Forest as well as Water Resources and Environmental Quality.
Section 2.3, Forest Land Policies
Page 6 of 8 - EXHIBIT B TO ORDINANCE NO. 2023-019
Goal 1 Protect and maintain forest lands for multiple uses, including forest products, watershed
protection, conservation, recreation and wildlife habitat protection.
Policy 2.3.3, To conserve and maintain impacted forest lands, retain Forest 2 zoning for those
lands with the following characteristics:
a. Consist predominantly of ownerships developed for residential or non -forest uses;
b. Consist predominantly of ownerships less than 160 acres;
c. Consist of ownerships generally contiguous to tracts containing less than 160 acres
and residences, or adjacent to acknowledged exception areas; and
d. Provide a level of public facilities and services, including roads, intended primarily
for direct services to rural residences.
Forest Lands, states that the goal is to protect forests and their economic benefits. Within this
section, the future of residential development is discussed and the challenge of allowing residential
fragmentation within the forest zones. Staff notes that the proposed text amendments, which
would remove restrictions on placing manufactured homes in an area where residences are
approved, will have no effect on this Chapter of the Comprehensive Plan and the current
requirements for developing a residence on Forest Zoned lands. Staff finds compliance with this
policy is met.
Chapter 3 Rural Growth Management:
Section 3.3, Rural Housing
Goal 1 Maintain the rural character and safety of housing in unincorporated Deschutes County
Policy 3.3.5, Maintain the rural character of the County while ensuring a diversity of housing
opportunities, including initiating discussions to amend State Statute and/or Oregon
Administrative Rules to permit accessory dwelling units in Exclusive Farm Use, Forest and
Rural Residential zones
The CHC Zone places a restriction on manufactured and pre -fabricated dwellings. The repeal of this
Combining Zone will align with the section of the Comprehensive Plan as it will allow housing
diversity in all areas of the County where residences are permitted. Staff finds compliance with this
policy is met.
Chapter 4, Urban Growth Management:
Section 4.7 Tumalo Community Plan
Residential Area Policies
11. Plan and zone for a diversity of housing types and densities suited to the capacity of the
land to accommodate water and sewage requirements.
The CHC Zone covers several properties located in the unincorporated community boundary of
Tumalo, as such this policy applies. The CHC Zone is proposing to remove a restriction on the type
of housing placed in residential zones and will promote greater diversity in housing type. The
Page 7 of 8 - EXHIBIT B TO ORDINANCE NO. 2023-019
density, water, and sewage requirements are not proposed to change with this proposal. Staff finds
compliance with this policy is met.
Page 8 of 8 - EXHIBIT B TO ORDINANCE NO. 2023-019
REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
An Ordinance Amending Deschutes County Code
Title 18, Chapter 92, to Repeal the Conventional
Housing Combining Zone.
*
For Recording Stamp Only
, OREGON
0
WHEREAS, the Board of County Commissioners directed Deschutes County Community Development
Department staff to initiate amendments (Planning Division File No. 247-23-000391-TA) to Deschutes County
Code Title 18, Chapter 92, Conventional Housing Combining Zone; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on June 22,
2023 and forwarded to the Deschutes County Board of County Commissioners ("Board") a 4-1 recommendation
of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on August 9, 2023 and
concluded that the public will benefit from the proposed changes to the Deschutes County Code Title 18; now,
therefore,
OF DESCHUTES COUNTY, OREGON, ORDAINS
as
Sectional. AMENDMENT. Chapter 18.92, Conventional Housing Combining Zone, is repealed 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 stri-kethrough-
Section 2. FINDINGS. The Board adopts as its findings, Exhibit `B" attached and incorporated by
reference herein.
PAGE 1 OF 2 - ORDINANCE NO.2023-019
Dated this of '2023
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
PATTI ADAIR,
Recording Secretary PI
Date of IIt Reading: day of , 2023.
Date of 2' Reading: day of , 2023.
Record of Ado
Commissioner Yes No
Anthony DeBone _
Patti Adair
Philip Chang
Effective date: day of
2023.
PAGE 2 OF 2 - ORDINANCE NO.2023-019
REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
An Ordinance Amending Deschutes County Code
Title 18, Chapter 92, to Repeal the Conventional
Housing Combining Zone.
WHEREAS, the Board of County
Department staff to initiate amendments (
Code Title 18, Chapter 92, Conventional I
WHEREAS, the Deschutes County Plannir
2023 and forwarded to the Deschutes County Board
For Recording Stamp Only
,OREGON
*
*
* ORDINANCE NO. 2023-019
*
*
iners directed Deschutes County Community Development
ivision File No. 247-23-000391-TA) to Deschutes County
nbining Zone; and
Commission reviewed the proposed changes on June 22,
f County Commissioners ("Board") a 4-1 recommendation
of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on August 9, 2023 and
concluded that the public will benefit from the proposed changes to the Deschutes County Code Title 18; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. Chapter 18.92, Conventional Housing Combining Zone, is repealed 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 t-fike�.
Section 2. FINDINGS. The Board adopts as its findings, Exhibit "B" attached and incorporated by
reference herein.
Section 3. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public
peace, health, safety, and welfare, an emergency is declared to exist, and this Ordinance becomes effective
immediately.
PAGE 1 OF 2 - ORDINANCE NO.2023-019
Dated this of 92023 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
ANTHONY DEBONE, Chair
PATTI ADAIR, Vice Chair
Recording Secretary PHILIP CHANG
Date of I" Reading: day of , 2023.
Date of 2°d Reading: day of , 2023.
Commissioner
Anthony DeBone
Patti Adair
Philip Chang
Effective date:
Record of Adc
Yes No
, 2023.
PAGE 2 OF 2 - ORDINANCE NO.2023-019