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., Deschutes 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 April 23, 2014
DATE: April 16, 2014
FROM: Matthew Martin CDD 541-330-4620
TITLE OF AGENDA ITEM:
Consideration of First Reading by title only of Ordinance Nos. 2014-009, 2014-011, 2014-012,
Amending Deschutes County Code (DCC) Titles 18, 22, and 23 to incorporate "housekeeping" changes
that correct errors and provide clarification of existing regulations, procedures, and policies.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
The Planning Division has compiled "housekeeping" text amendments based on our experiences with
current code language. The amendments are an effort to correct noted errors and provide clarification
to existing land use regulations and policies. These housekeeping amendments do not alter the
permitted uses or use standards ofthe code. Additionly, no state statutes, rules, or land use goals apply
to these changes. Three ordinances are required to make changes to DCC Titles 18,22, and 23.
The Board of County Commissioners held a public hearing on April 2, 2014, and directed staff to make
various changes to the text in the ordinances. Those changes were made and the attached ordinances
reflect those changes. Therefore, the Board may conduct the first reading of each of the ordinances.
The second reading will be no later than 13 days from the first reading and it is expected that the
adoption of the ordinances will be on that same day. The ordinances will become effective 90 days
after the adoption.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Motion 1: Approval of first reading by title only of Ordinance No. 2014-012.
Motion 2: Approval of first reading by title only of Ordinance No. 2014-009.
Motion 3: Approval of first reading by title only of Ordinance No. 2014-011.
ATTENDANCE: Matthew Martin and Legal Counsel
DISTRIBUTION OF DOCUMENTS:
Matt Martin, CDD
REVIEWED
LEGA~L
I For Recording Stamp Only
,
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code *
Title 22 to Incorporate "Housekeeping" Changes that ORDINANCE NO. 2014-011 *
Correct Errors and Provide Clarification of Existing *
Regulations, Procedures, and Policies. *
WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments
(Planning Division File No. TA-14-1) to the Deschutes County Code (DCC) Title 22, Chapter 22.23,
Destination Resort Map Amendment Procedures to incorporate "housekeeping" changes correct errors and
provide clarification of existing regulations, procedures, and policies; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on February
27, 2014 and forwarded to the Deschutes County Board of County Commissioners ("Board"), a
recommendation of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on April 2, 2014, and
concluded that the public will benefit from the proposed changes to Deschutes County Code ("DCC") Title 22;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section l. AMENDMENT. DCC 22.23.010, Destination Resort Map Amendment Procedures, 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 strikethrough.
III
,
I
I,
PAGE 1 OF 2 -ORDINANCE NO. 2014-011
Section 2. FINDINGS. The Board adopts as its findings Exhibit "E" of Ordinance 2014-012 and
incorporated by reference herein.
Dated this ___of _____, 2014 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ATTEST:
ANTHONY DEBONE, Vice Chair
Recording Secretary ALAN UNGER, Commissioner
Date of lSI Reading: __day of _____, 2014.
Date of 2nd Reading: __day of _____, 2014.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Tammy Baney
Anthony DeBone
Alan Unger
Effective date: __day of _____, 2014.
PAGE 2 OF 2 -ORDINANCE NO. 2014-011
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1 22.23.010. Destination Resort Map Amendment Procedures.
I The existing comprehensive plan map of sites eligible for destination resorts ("eligibility map") may be
amended as follows:
A. All amendments to the eligibility map shall be processed simultaneously and no more than once every
I 30 months.
B. The deadline for applications for the first eligibility map amendment shall be the first Tuesday in
September by 5:00 p.m.
I C. Lands shown on the existing eligibility map but unable to comply with Deschutes County
Comprehensive Plan Policy 3.9.3(a), 3.9.3 (b), 3.9.3{c), and 3.9.3(d) Dee 23.84.030(3)(a),
23.84.030(3)(b), 23.84.030(3)(0) and 23.84.030(3)(d) will remain on the eligibility map if property
I owners ftle a formal request with the Deschutes County Community Development Department on an
authorized county form by the first Friday in January at 5:00 p.m. to remain eligible.
D. In addition to any other county code provision regarding notice, 30 days prior to the end ofthe next 30
month period for amendments to the eligibility map, Deschutes County shall publish a notice
announcing opportunities for property owners to apply for an amendment to the eligibility map.
E. Property owners must file applications for an eligibility map amendment prior to the last day of the 30
month period by 5:00 p.m.
F. Any additional applications ftled after the deadline in DCC 22.23.010(C) will be processed at the end of
the next 30-month cycle.
G. Applications to either remove property from or add property to the eligibility map may be initiated by
the Board, or, ifby a property owner, shall:
1. Be submitted by the property owner or a person who has written authorization from the property
owner as defined herein to make the application;
2. Be completed on a form prescribed by the Planning Director;
3. Be accompanied by the appropriate ftling fee, unless such fees are waived by the Board of County
Commissioners;
4. Include documentation that demonstrates compliance with Deschutes County Comprehensive Plan
Policy 3.9.3{a), 3.9.3{b), 3.9.3(c), and 3.9.3(d) Dee 23.84.030(3)(a), 23.84.030(3)(b),
23.84.030(3)(0) aad 23.84.()30(3)(d);
5. For applications adding properties to the eligibility map, the applicant will be required to
demonstrate consistency with the Transportation Planning Rule at OAR 660-012-0060.
H. The planning director shall retain any applications received prior to the expiration of the 30-month
period.
1. Multiple applications shall be consolidated.
J. The planning director shall schedule the hearing before the planning commission or hearings officer
after the expiration of the 30-month period.
(Ord. 2014-011 §1, 2014; Ord. 2010-025 §1, 2010)
Page 1 ofl-EXHIBIT A TO ORDINANCE NO. 2014-011