HomeMy WebLinkAboutOrdinance 007 - Molony RevDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of 2/12/14
DATE: TBD
FROM: Will Groves CDD 388-6518
TITLE OF AGENDA ITEM:
Consideration of first and second reading by title only and adoption of Ordinance 2014-007 Amending
Deschutes County Code Title 18, the Deschutes County Zoning Map, to Change the Zone Designation
for Certain Property From Terrebonne Residential District to Terrebonne Commercial District and
Declaring an Emergency and Prescribing an Effective Date of 30 Days From Adoption.
PUBLIC HEARING ON TillS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
David Molony applied for a Zone Map Amendment to Deschutes County Code ("DCC") Title 18, to
rezone the subject property from Terrebonne Residential District to Terrebonne Commercial District).
A public hearing was held on November 19,2013 before the Deschutes County Hearings Officer and,
on January 2, 2014, the Hearings Officer approved the zone change. Because no appeal was filed,
pursuant to DCC 22.28.030(B), the Board must approve the zone change without further argument or
testimony.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Motion 1: Move first and second reading by title only of Ordinance 2014-007.
Motion 2: Move adoption of Ordinance 2014-007.
ATTENDANCE: Will Groves
DISTRIBUTION OF DOCUMENTS:
Assessor, CDD Staff.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code Title *
18, the Deschutes County Zoning Map, to Change the * ORDINANCE NO. 2014-007
Zone Designation for Certain Property From Terrebonne *
Residential District to Terrebonne Commercial District *
and Declaring an Emergency and Prescribing an *
Effective Date of 30 Days From Adoption. *
WHEREAS, David Molony applied for a Zone Map Amendment to Deschutes County Code ("DCC")
Title 18, to rezone certain property from Terrebonne Residential District to Terrebonne Commercial District;
and
WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on
November 19,2013 before the Deschutes County Hearings Officer and, on January 2,2014 the Hearings Officer
approved the zone change; and
WHEREAS, because no appeal was filed, the Board of County Commissioners ("Board") did not
initiate review of the application and the decision does not require an exception to the goals or concern lands
designated for forest or agricultural use, pursuant to DCC 22.28.030(B), the Board must approve the zone map
change from Terrebonne Residential District to Terrebonne Commercial District; and
WHEREAS, on this same date, the Board of County Commissioners ("Board") adopted Ordinance
2014-006 amending DCC Title 23, changing the plan designation of the property from Terrebonne Residential
to Terrebonne Commercial Business District; and
WHEREAS, a change to the Deschutes County Zoning Map is necessary to implement the amendment
adopted in Ordinance 2014-006; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Title 18, Zoning Map, is amended to change the zone designation
from Terrebonne Residential District to Terrebonne Commercial District for certain property described in
Exhibit "A" attached to Ordinance 2014-006 and incorporated by reference herein and depicted on the map set
forth as Exhibit "A" to this ordinance, and incorporated by reference herein.
Section 2. FINDINGS. The Board adopts the Hearings Officer's decision attached to Ordinance
2014-006 as Exhibit "D", and incorporated herein by this reference, as its findings to support this ordinance.
PAGE 1 OF2-0RDINANCENO.2014-007
1/1
Section 3. EMERGENCY. This ordinance being necessary for the preservation of the
public peace, health and safety, an emergency is declared to exist, and this ordinance takes effect 30
days following its passage.
Dated this ___ of _____, 2014 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice
ATTEST:
Recording Secretary ALAN UNGER, Commissioner
Date of 151 Reading: day of ____-C', 2014.
Date of 2nd Reading: __day of _____, 2014.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Alan Unger
Tammy Baney
Anthony DeBone
Effective date: __day of _____, 2014.
PAGE 2 OF 2 -ORDINANCE NO. 2014-007
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Legend
Subject Property 14-13-16-CD-00100, 00500
Terrebonne Zoning
TEC - Commercial
TER- Residential
TER5 - Residential 5 Ac. Minimum
TECR - Commercial / Residential
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
_____________________________
Tammy Baney, Chair
_____________________________
Anthony DeBone, Vice Chair
_____________________________
Alan Unger, Commissioner
_____________________________
ATTEST: Recording Secretary
Dated this _____ day of February, 2014
Effective Date: _____________, 2014
PROPOSED ZONING MAP
0 200 400 600100
Feet
January 21, 2014
Z
Exhibit "A"
to Ordinance 2014-007
David Molony, 8329 & 8375 N. Highway 97, Terrebonne
Zone Change from
Terrebonne Residential
(TER) to Terrebonne
Commercial (TEC)