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Home My WebLink AboutOrdinances 021 - 022 - Sunriver Utility DistrictDeschutes 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 August 27, 2014 Please see directions for completing this document on the next page. DATE: August 13,2014 FROM: Cynthia Smidt Community Development Department 317-3150 TITLE OF AGENDA ITEM: Consideration of Second Reading by Title Only and Adoption of: Ordinance 2014-021 Amending Deschutes County Code, Title 23, and Amending Deschutes County Comprehensive Plan, Sections 5.10 and 5.12, to Adopt an Exception to Goal 4 and To Change the Plan Designation for Certain Property From Sunriver Urban Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility and Ordinance 2014-022 Amending Deschutes County Code Title 18, the Deschutes County Zoning Map, and Adding DCC 18.108.175 to Change the Zone Designation for Certain Property From Sunriver Urban Unincorporated Community Forest District to Sunriver Urban Unincorporated Community Utility District and Adding a Limited Use Combining Zone. PUBLIC HEARING ON THIS DATE? NO BACKGROUND AND POLICY IMPLICATIONS: Sunriver Service District proposed to amend the Deschutes County Comprehensive Plan to change the plan designation of approximately 4.28 acres from Sunriver Urban Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility. The amendment includes a "reasons" exception to Goal 4, Forest Lands. The proposal includes a zone map change, to rezone the 4.28 acres from Sunriver Forest District (SUF) to Sunriver Utility District (SUU) and to add the Limited Use (LU) Combining Zone to allow a fire training facility. The amendment would allow for a fire training facility for the Sunriver Fire Department to be permitted outright, subject to site plan reVIew. The Board of County Commissioners held a public hearing on August 13,2014, and conducted a first reading of the ordinances on August 13,2014. The first reading of Ordinance 2014-021 was in error because the word "Utility" was not included in the caption. The Board may conduct the second reading by title only of each of the ordinances since the 2nd reading will be more than 13 days from the date of the 15t reading. It is expected that the adoption of the ordinances will be on the day of the second reading. The ordinances will become effective 90 days after the adoption. FISCAL IMPLICATIONS: None RECOMMENDATION & ACTION REQUESTED: MOTION 1: Second Reading by title only of Ordinance 2014-021 as read by staff Chair conduct Second Reading by title only of Ordinance 2014-021 with the corrected wording MOTION 2: Adoption of Ordinance 2014-021 as read by staff MOTION 3: Second Reading by title only of Ordinance 2014-022 Chair conduct Second Reading by title only of Ordinance 2014-022 MOTION 4: Adoption of Ordinance 2014-022 ATTENDANCE: Cynthia Smidt DISTRIBUTION OF DOCUMENTS: Copy to Cynthia Smidt, CDD REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code, * Title 23, and Amending Deschutes County * ORDINANCE NO. 2014-021 Comprehensive Plan, Sections 5.10 and 5.12, to * Adopt an Exception to Goal 4 and To Change the * Plan Designation for Certain Property From Sunriver * Urban Unincorporated Community Forest to Sunriver * Urban Unincorporated Community Utility * WHEREAS, Sunriver Service District proposed a "reasons" exception to Goal 4 and a Plan Amendment to Deschutes County Code ("DCC"), Section 23.01.010, Introduction, and Deschutes County Comprehensive Plan, Section 5.1 0, Goal Exception Statements, and Section 5.12, Legislative History, to change the comprehensive plan designation of certain property from Sunriver Urban Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility; and WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on April 22, 2014 before the Deschutes County Hearings Officer, and on June 13, 2014 the Hearings Officer recommended approval of the exception to Goal 4 and a Plan Amendment; and WHEREAS, after notice was give in accordance with applicable law, a de novo public hearing was held on August 13,2014 before the Board of County Commissioners ("Board"), and WHEREAS, the Board, after review conducted in accordance with applicable law, approved the goal exception to Goal 4 to change the comprehensive plan designation from Sunriver Urban Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section l. AMENDMENT. DCC Section 23.01.010, Introduction, is amended to read as described in Exhibit" A", attached and incorporated by reference herein, with new language underlined and deleted language set forth in strikethrough. Section 2. AMENDMENT. DCC Section 5.10, Goal Exception Statements, is amended to read as described in Exhibit "B", attached and incorporated by reference herein with new language underlined and deleted language set forth in strikethrough. Section 3. AMENDMENT. DCC Section 5.12, Legislative History, is amended to read as described in Exhibit "C", attached and incorporated by reference herein with new language underlined and deleted language set forth in strikethrough. II/ Page 1 of2 -ORDINANCE NO. 2014-021 Section 4. AMENDMENT. The Deschutes County Comprehensive Plan Map is amended to change the plan designation for certain property described in Exhibit "D" and depicted on the map set forth as Exhibit "E", with both exhibits attached and incorporated by reference herein, from Sunriver Urban Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility. Section 5. FINDINGS. The Board adopts as its fmdings in support of this decision Exhibit "F," attached and incorporated by reference herein. Dated this ___of _____, 2014 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair ANTHONY DEBONE, Vice Chair ATTEST: Recording Secretary ALAN UNGER, Commissioner Date of 1st Reading: __dayof _____, 2014. Date of 2nd Reading: __day _____,2014. Record of Adoption Vote: Commissioner Yes No Abstained Excused Tammy Baney Anthony DeBone Alan Unger Effective date: day of _____, 2014. Page 2 of2 -ORDINANCE NO. 2014-021 PAGE 1 OF 2 - ORDINANCE NO. 2014-022 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, and Adding DCC 18.108.175 to Change the Zone Designation for Certain Property From Sunriver Urban Unincorporated Community Forest District to Sunriver Urban Unincorporated Community Utility District and Adding a Limited Use Combining Zone. * * * * * * * ORDINANCE NO. 2014-022 WHEREAS, Sunriver Service District applied for a zone change to the Deschutes County Code (“DCC”) Title 18, Zoning Map, to rezone certain property from Sunriver Urban Unincorporated Community Forest District (“SUF”) to Sunriver Urban Unincorporated Community Utility District (“SUU”) and add a Limited Use (“LU”) Combining Zone to allow a fire training facility for the Sunriver Service District and Sunriver Fire Department; and WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on April 22, 2014 before the Deschutes County Hearings Officer and, on June 13, 2014 the Hearings Officer recommended approval of the comprehensive plan map and zone change; and WHEREAS, after notice was given in accordance with applicable law, a de novo public hearing was held on August 13, 2014 before the Board of County Commissioners (“Board”), and WHEREAS, on this same date, the Board adopted Ordinance 2014-021, adopting a goal exception to Statewide Planning Goal 4 and amending DCC Title 23, the County Comprehensive Plan, changing the plan designation of the property from Sunriver Urban Unincorporated Community Forest to Sunriver Urban Unincorporated Community Utility; and WHEREAS, a change to the Deschutes County Zoning Map is necessary to implement the amendment adopted in Ordinance 2014-021; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. ADDING. DCC Section 18.108.175, Utility – U District / Limited Use Combining District, is added as described in Exhibit “A”, attached and incorporated by reference herein. Section 2. AMENDMENT. DCC Title 18, Zoning Map, is amended to change the zone designation from Sunriver Urban Unincorporated Community Forest District (“SUF”) to Sunriver Urban Unincorporated Community Utility District (“SUU”) / Limited Use (“LU”) Combining District for certain property described in Exhibit “B” and depicted on the map set forth as Exhibit “C”, with both exhibits attached and incorporated by reference herein. REVIEWED ______________ LEGAL COUNSEL PAGE 2 OF 2 - ORDINANCE NO. 2014-022 Section 3. FINDINGS. The Board adopts as its findings in support of this decision, the Decision of the Hearings Officer, attached to Ordinance 2014-021 as Exhibit “F”, and incorporated by reference herein. Dated this _______ of ___________, 2014 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ______________________________________ TAMMY BANEY, Chair ______________________________________ ANTHONY DEBONE, Vice Chair ATTEST: ______________________________________ Recording Secretary ______________________________________ ALAN UNGER, Commissioner Date of 1st 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.