HomeMy WebLinkAboutOrdnc 025 - Black Butte Ranch AmendmentDeschutes 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 September 15,2014
DATE: September 5, 2014
FROM: Matthew Martin CDD 541-330-4620
TITLE OF AGENDA ITEM:
A public hearing on Ordinance No. 2014-025 amending Deschutes County Code (DCC) 18.110.020
adding Black Butte Ranch to the title and declaring an emergency.
PUBLIC HEARING ON THIS DATE? Yes
BACKGROUND AND POLICY IMPLICATIONS:
The title of DCC 18.110.020 indicates this section only identifies Seventh MountainlWidgi Creek as a
Resort District. While accurate it is incomplete by not also identifying the section also applies to
portions of Black Butte Ranch. This amendment will further clarify the applicability of this section.
This amendment does not alter the permitted uses or use standards of the code. Additionally, no state
statutes, rules, or land use goals apply to these changes.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends that the Board open the public hearing, receive testimony, discuss, and approve the
text amendment. The Ordinance is drafted with an emergency clause to provide clarity on this issue in
Deschutes County immediately. Should the Board approve the following would be the appropriate
motions:
Motion 1: Move first and second reading by title only of Ordinance 2014-025.
Motion 2: Move adoption of Ordinance 2014-025.
ATTENDANCE: Matthew Martin and Legal Counsel
DISTRIBUTION OF DOCUMENTS:
Matt Martin, CDD
Community Development Department
Planning Division BUilding Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
Staff Report
FILE NUMBER: 247-14-00253-TA
APPLICANT: Deschutes County Community Development
117 NW Lafayette Avenue
Bend, Oregon 97701
PROPERTY N/A
OWNER:
REQUEST: Text Amendment to Deschutes County Code Section 18.110.020 adding
Black Butte Ranch to the title.
STAFF CONTACT: Matthew Martin, AICP, Associate Planner
I. APPLICABLE CRITERIA:
Title 22, Deschutes County Development Procedures Ordinance
II. BASIC FINDINGS:
PROPOSAL: Text amendment to Deschutes County Code (DCC) section 18.110.020 adding
Black Butte Ranch to the title. Currently, the title indicates this section only identifies Seventh
MountainlWidgi Creek as a Resort District. While accurate it is incomplete by not also
identifying the section also applies to portions of Black Butte Ranch.
III. CONCLUSIONARY FINDINGS:
A. CHAPTER 22.12. LEGISLATIVE PROCEDURES
1. Section 22.12.010. Hearing Reguired
No legislative change shall be adopted without review by the Planning
Commission and a public hearing before the Board of County
Commissioners. Public hearings before the Planning Commission shall be
set at the discretion of the Planning Director, unless otherwise required by
state law.
FINDING: A public hearing will be held before the Board of County Commissioners on
September 15, 2014.
2. Section 22.12.020. Notice
Quality Services Performed with Pride
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: Notice of this proposal and related public hearing was published in the Bend Bulletin
newspaper on August 31,2014.
B. Posted Notice. Notice shall be posted at the discretion of the Planning
Director and where necessary to comply with ORS 203.045.
FINDING: Notice will be posted on 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 22.08.010(A). shall be provided at the discretion of the Planning
Director. except as required by ORS 215.503.
FINDING: Given the proposed amendment in question does not apply to any specific property,
no individual notices were sent. This criterion has been met.
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.
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.
FINDING: Both the Planning Commission and the Board of County Commissioners will serve
as review bodies for this legislative change is the order outlined above.
File No. 247-14-00253-TA Page 2 of 3
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 Planning Commission held a work session on August 14, 2014 to review the
proposed amendment and unanimously supported the change.
5. Section 22.12.050. Final Decision
All legislative changes shall be adopted by ordinance
FINDING: File No. 247-14-00253-TA will be implemented by Ordinance upon approval and
adoption by the Board; this criterion will be met.
IV. PROPOSED TEXT AMENDMENTS:
The proposed text amendment is detailed with additional text identified by underline with
explanation of the proposed change below.
Title 18 of the Deschutes County Code Amendment:
Chapter 18.110. RESORT COMMUNITY ZONE
18.110.020. Seventh MountainlWidgi Creek and Black Butte Ranch Resort District§..
Explanation: This section applies to the resort districts of both the Seventh MountainlWidgi
Creek and Black Butte Ranch. An amendment to this title adding Seventh MountainlWidgi
Creek was included with other recent housekeeping text amendments (See TA-14-1) in an effort
clarify the applicability of this section. This amendment should have also included reference to
Black Butte Ranch because the resort district is applicable to portions of both Seventh
MountainlWidgi Creek and Black Butte Ranch. The addition of Black Butte Ranch to the title will
further clarify the applicability of this section.
V. CONCLUSION:
Based on the information provided herein, Staff recommends approval of the proposed text
amendment to clarify the title of DCC 18.110.020 by adding Black Butte Ranch. If approved,
staff requests the ordinance is adopted by emergency because it corrects an error discovered
after the adoption of the recent package of housekeeping text amendments. The change is not
controversial or substantive.
File No. 247-14-00253-T A Page 3 of 3
III
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County *
Code 18.110.020 adding Black Butte Ranch to ORDINANCE NO. 2014-025 *
the Title. *
WHEREAS, the Deschutes County Community Development Department (CDD) initiated
amendment (Planning Division File No. 247-14-00253-TA) to the Deschutes County Code (DCC)
adding Black Butte Ranch to the title of DCC 18.110.020; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on
August 14,2014 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 September
15, 2014, and concluded that the public will benefit from the proposed changes to the title of DCC
18.110.020; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. AMENDMENT. DCC 18.110.020, Seventh MountainlWidgi Creek Resort District,
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.
Section 2. FINDINGS. The Board adopts as its findings Exhibit "B", attached and
incorporated by reference herein.
PAGE 1 OF2-0RDINANCENO.2014-025
--------
Section 3. EMERGENCY. This Ordinance being necessary for the immediate preservation of
the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect
on its passage.
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 _____,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 OF 2 -ORDINANCE NO. 2014-025
18.110.020. Seventh MountainIWidgi Creek and Black Butte Ranch Resort District!.
A. Uses permitted outright. The following uses and their accessory uses are permitted subject to the
applicable provisions of DCC 18.110.050:
1. Single-family dwelling.
2. Residential home.
3. Residential facility.
4. Timeshare units existing as of January 1, 1984 at Black Butte Ranch.
5. Timeshare units at the Irm ofthe Seventh Mountain.
6. The following resort recreational facilities: Recreational path, picnic and barbecue area, park,
playground, and sport courts for basketball, volleyball, and similar small-scale recreation activities.
7. Livestock and horse grazing on common area in Black Butte Ranch.
8. Police or security facility.
B. Uses permitted subject to site plan review. The following uses and their accessory uses are permitted
subject to applicable provisions of DCC 18.110 and DCC 18.116, Supplementary Provisions, and DCC
18.124, Site Plan Review:
1. Resort facility, as that term is defined in DCC Title 18.
2. Resort recreation facilities, as that term is defined in DCC Title 18, except those uses listed in DCC
18.l1O.020(A)(6).
3. Resort utility facilities, as that term is defined in DCC Title 18.
4. Property sales and rental office.
5. Hotel or moteL
6. Daycare facility.
7. Fire station.
8. Post office.
9. Multiple-family dwellings.
10. Employee housing.
C. Conditional uses permitted. The following uses and their accessory uses are permitted subject to the
applicable provisions of DCC 18.110 and DCC 18.116, Supplementary Provisions, DCC 18.124, Site
Plan Review, and DCC 18.128, Conditional Use:
1. Church.
2. Wireless telecommunications facility.
(Ord. 2014-025 §l, 2014; Ord. 2014-009 §l, 2014; Ord. 2001-048 §2, 2001)
Page 1 of 1-EXHffiIT A TO ORDINANCE NO. 2014-025
FINDINGS
I. APPLICABLE CRITERIA:
Title 22, Deschutes County Development Procedures Ordinance
II. BASIC FINDINGS:
PROPOSAL: Text amendment to Deschutes County Code (DCC) section 18.110.020 adding
Black Butte Ranch to the title. Currently, the title indicates this section only identifies Seventh
MountainlWidgi Creek as a Resort District. While accurate it is incomplete by not also
identifying Black Butte Ranch.
III. CONCLUSIONARY FINDINGS:
A. CHAPTER 22.12, LEGISLATIVE PROCEDURES
1. Section 22.12.010.
No legislative change shall be adopted without review by the Planning
Commission and a public hearing before the Board of County Commissioners.
Public hearings before the Planning Commission shall be set at the discretion
of the Planning Director, unless otherwise required by state law.
FINDING: The Deschutes County Planning Commission reviewed the proposed text
amendment on August 14, 2104. A public hearing was held before the Board of County
Commissioners on September 15,2014. This criterion was met.
2. 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: Notice of this proposal and related public hearing was published in the Bend Bulletin
newspaper on August 31,2014.
B. Posted Notice. Notice shall be posted at the discretion of the Planning
Director and where necessary to comply with ORS 203.045.
FINDING: Notice was posted on the bulletin board in the lobby of the Deschutes County
Community Development Department, 117 NW Lafayette, Bend.
PAGE 1 OF 3 -EXHIBIT B TO ORDINANCE 2014-025
C. Individual notice. Individual notice to property owners, as defined in DCC
22.0B.010(A), shall be provided at the discretion of the Planning Director,
except as required by ORS 215.503.
FINDING: Given the proposed amendment in question does 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 was 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.
FINDING: Both the Planning Commission and the Board of County Commissioners served as
review bodies for this legislative change is the order outlined above.
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 Planning Commission held a work session on August 14, 2014 to review the
proposed amendment and unanimously supported the change.
5. Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: File No. 247-14-00253-TA is implemented by Ordinance 2014-025 upon approval
and adoption by the Board; this criterion is met.
IV. PROPOSED TEXT AMENDMENTS:
The proposed text amendment is detailed with additional text identified by underline with
explanation of the proposed change below.
Title 18 of the Deschutes County Code Amendment:
Chapter 18.110, RESORT COMMUNITY ZONE
PAGE 2 OF 3 -EXHIBIT B TO ORDINANCE 2014-025
18.110.020. Seventh MountainlWidgi Creek and Black Butte Ranch Resort District§.
Explanation: This section applies to the resort districts of both the Seventh MountainlWidgi
Creek and Black Butte Ranch. An amendment to this title adding Seventh MountainlWidgi
Creek was included with other recent housekeeping text amendments (See TA-14-1) in an effort
clarify the applicability of this section to that resort. Black Butte Ranch was inadvertently
omitted. This amendment should have also included reference to Black Butte Ranch because
the resort district is applicable to both Seventh MountainlWidgi Creek and Black Butte Ranch.
The addition of Black Butte Ranch to the title will further clarify the applicability of this section.
The proviSion outlined in this section show that the section as intended to include Black Butte
Ranch.
This is a minor amendment and meant to put the code back to the status of the section prior to
the last, recently adopted housekeeping amendments.
The emergency clause is necessary in order to maintain the status quo and not inadvertently
omit allowed uses that were previously allowed or allow prohibited uses that were previously
prohibited in Black Butte Ranch. The emergency clause will avoid confusion for property
owners and developers in the event a new application is submitted for development or a code
enforcement complaint is submitted for property within the Black Butte Ranch resort community.
V. CONCLUSION:
Based on the information provided herein, the Board of County Commissioners approve of the
proposed text amendment to clarify section DCC 18.110.020 by adding Black Butte Ranch to
the title.
PAGE 3 OF 3 -EXHIBIT B TO ORDINANCE 2014-025