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Home My WebLink AboutOrdnc 028 - Ramsey Map Change (2)0,l<J. ;z. UJe -\... ~.E..... a ........~ -< 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 12/15114 Please see directions for completing this document on the next page. DATE: October 30, 2014 FROM: Will Groves Community Development Department 388-6518 TITLE OF AGENDA ITEM: A de novo public hearing on and consideration of First Reading by Title Only of: Ordinance 2014-027 Amending Deschutes County Code, Title 23, and Amending Deschutes County Comprehensive Plan, Sections 5.10 and 5.12, to Adopt an Exception to Goal 14 and To Change the Plan Designation for Certain Property From Agriculture to Rural Industrial and Ordinance 2014-028 Amending Deschutes County Code Title 18, the Deschutes County Zoning Map to Change the Zone Designation for Certain Property From Exclusive Farm Use to Rural Industrial. PUBLIC HEARING ON THIS DATE? Yes BACKGROUND AND POLICY IMPLICATIONS: Claudia Powell, Trustee of the Frances Ramsey Trust Agreement dated May 23, 1979, proposed a "irrevocably committed" exception to Goal 14 and a Plan Amendment to Deschutes County Code ("DCC"), Section 23.01.010, Introduction, and Deschutes County Comprehensive Plan, Section 5.10, Goal Exception Statements, and Section 5.12, Legislative History, to change the comprehensive plan designation of approximately 2.65 acres from Agriculture to Rural IndustriaL The proposal includes a zone map change, to rezone the approximately 2.65 acres from Exclusive Farm Use ("EFU") to Rural Industrial ("RI"). The application does not include a development proposal. The Hearings Officer held a public hearings on June 10,2014, July 29,2014, and August 19,2014 and found the application met, or could meet, all relevant criteria and approved the applicant's proposal, in a decision dated October 16,2014. Under DCC 22.28.030(C), a plan amendment and zone change requiring a goal exception shall be heard de novo before the Board without the necessity of filing an appeal, regardless of the determination of the Hearings Officer. Should the Board approve the ordinances, staff recommends that the Board approve the first reading by title only of each ordinance. Second reading will be no earlier than 13 days later with the effective date 90 days after that. FISCAL IMPLICATIONS: None RECOMMENDATION & ACTION REQUESTED: Staff recommends that the Board open the public hearing, receive testimony, discuss, and approve the plan amendment and zone change. If ordinances approved, MOTION 1: Move first reading by title only of Ordinance 2014-027 MOTION 2: Move first reading by title only of Ordinance 2014-028 ATTENDANCE: Will Groves DISTRIBUTION OF DOCUMENTS: No distribution until after 2 nd reading. Community Development Department Planning Division Building Safety Division Environmental Soils Division P. O. Box 6005 117 NW Lafayette Avenue Bend. Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ MEMORANDUM TO: Deschutes Board of County Commissioners FROM: Will Groves, Senior Planner DATE: October 30, 2014 RE: PA-14-2 and ZC-14-2, Plan Amendment from Agriculture to Rural Industrial, Zone Change from Exclusive Farm Use ("EFU") to Rural Industrial (URI"), and an exception to Goal 14. Summary Claudia Powell, Trustee of the Frances Ramsey Trust Agreement dated May 23, 1979, proposed a "irrevocably committed" exception to Goal 14 and a Plan Amendment to Deschutes County Code ("DCC"), Section 23.01.010, Introduction, and Deschutes County Comprehensive Plan, Section 5.10, Goal Exception Statements, and Section 5.12, Legislative History, to change the comprehensive plan designation of approximately 2.65 acres from Agriculture to Rural Industrial. The proposal includes a zone map change, to rezone the approximately 2.65 acres from Exclusive Farm Use (UEFU") to Rural Industrial ("RI"). The application does not include a development proposal. The Hearings Officer held public hearings on June 10, 2014, July 29,2014, and August 19, 2014 and found the application met, or could meet, all relevant criteria and approved the applicant's proposal, in a decision dated October 16,2014. The Hearings Officer has found the proposed exception area is irrevocably committed to non resource uses and urban development because: (1) it does not constitute agricultural land and is not suitable for farm or forest use; (2) it is a relatively small parcel isolated from other EFU-zoned land; (3) it is virtually surrounded by industrial uses; and (4) it is isolated by man-made barriers including roads, the Pilot Butte Canal, the BNSF railroad tracts, and extensive industrial development. No oppOSition to this proposal has been received by staff to date. Under DCC 22.28.030(C), a plan amendment and zone change requiring a goal exception shall be heard de novo before the Board without the necessity of filing an appeal, regardless of the determination of the Hearings Officer. Quality SenJices Performed with Pride Scheduling This item is scheduled for the Board's morning meeting on 12/15/14. Should the Board approve the ordinances, staff recommends that the Board approve the first reading by title only of each ordinance. Second reading will be no earlier than 13 days later with the effective date 90 days after that Thank you for your consideration of this matter. AnACHMENTS: 1. PA-14-2 and ZC-14-2 Hearings Officer Decision 2. Draft Ordinances 2104-027 and -028. File No.: PA-14-2 and ZC-14-2 Page 2of2 PAGE 1 OF 2 - ORDINANCE NO. 2014-028 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 Zone Designation for Certain Property From Exclusive Farm Use to Rural Industrial. * * * * ORDINANCE NO. 2014-028 WHEREAS, Claudia Powell, Trustee of the Frances Ramsey Trust Agreement dated May 23, 1979 applied for a zone change to the Deschutes County Code (“DCC”) Title 18, Zoning Map, to rezone certain property from Exclusive Farm Use (“EFU”) to Rural Industrial (“RI”); and WHEREAS, after notice was given in accordance with applicable law, public hearings were held on June 10, 2014, July 29, 2014, and August 19, 2014 before the Deschutes County Hearings Officer, and on October 16, 2014 the Hearings Officer recommended approval of the exception to Goal 14, a Plan Amendment, and a Zone Change; and WHEREAS, after notice was given in accordance with applicable law, a de novo public hearing was held on December 15, 2014 before the Board of County Commissioners (“Board”), and WHEREAS, on this same date, the Board adopted Ordinance 2014-027, adopting a goal exception to Statewide Planning Goal 14 and amending DCC Title 23, the County Comprehensive Plan, changing the plan designation of the property from Agriculture to Rural Industrial; and WHEREAS, a change to the Deschutes County Zoning Map is necessary to implement the amendment adopted in Ordinance 2014-027; 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 Exclusive Farm Use (“EFU”) to Rural Industrial (“RI”) for certain property depicted on the map set forth as Exhibit “A,” attached and incorporated by reference herein , and described in Exhibit “D” to Ordinance 2014-027, incorporated by reference herein. REVIEWED ______________ LEGAL COUNSEL PAGE 2 OF 2 - ORDINANCE NO. 2014-028 Section 2. FINDINGS. The Board adopts as its findings in support of this decision, the Decision of the Hearings Officer, attached to Ordinance 2014-027 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. MUA10 EFUTRB EFUTRB EFUALOS&C RC RI RI / LU N H W Y 9 7 TU M A L O R D 19T H S T 78 T H S T TUMALO PL PLE A S A N T R I D G E R D D E S C H U T E S M A R K E T R D GRA Y S T O N E L N Legend Subject Property 16-12-26-C0-00107 County Zoning EFUAL - Alfalfa Subzone EFUTRB - Tumalo/Redmond/Bend Subzone MUA10 - Multiple Use Agricultural OS&C - Open Space & Conservation RI - Rural Industrial RC - Rural Commercial BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON _____________________________ Tammy Baney, Chair _____________________________ Tony DeBone, Vice Chair _____________________________ Alan Unger, Commissioner _____________________________ ATTEST: Recording Secretary Dated this __________________, 2014 Effective Date: ________________, 2014 PROPOSED ZONING MAP 0 250 500 750125 Feet November 3, 2014 Z Exhibit "A" to Ordinance 2014-028 Claudia Powell, Trustee - Frances Ramsey Trust Zone Change From EFUTRB (Exclusive Farm Use) to RI (Rural Industrial)