HomeMy WebLinkAboutOrdinances - Housekeeping Code AmendmentsDeschutes 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 Monday, April 23, 2012
Please see directions for completing this document on the next page.
DATE: March 22, 2012
FROM: Paul Blikstad Department CDD Phone # 6554
TITLE OF AGENDA ITEM:
Public Hearing, First and Second Readings by Title Only, and Adoption, by Emergency, of Text
Amendment File No. TA-12-2, Housekeeping Text Amendments to incorporate minor changes to State
Law to Deschutes County Code Title 18, Chapter 18.16, Exclusive Farm Use Zones, and Chapters
18.36 and 18.40, Forest Use Zones.
Adding provision for a solar setback variance under 18.116.180.
Amend the provision for a medical hardship dwelling to expand upon what constitutes a family
member.
Adding to the definitions section of Title 18 (18.04.030) "Room and Board Arrangement".
Amending the definition of Property Line Adjustment under Title 17 (17.08.030).
Amending the address code to make it consistent with addressing protocol for the Redmond Fire
and Rescue area.
Deleting Chapter 2.48 of the DCC, Deschutes Basin Resource Committee.
PUBLIC HEARING ON THIS DATE? Yes
BACKGROUND AND POLICY IMPLICATIONS:
This is a County initiated housekeeping text amendment process, which was reviewed by the Deschutes
County Planning Commission at their meeting on March 8, 2012. The Planning Commission's
recommendation has been forwarded to the Board.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Conduct public hearing; do first and second readings by title only, and move adoption by emergency of
text amendments in order to comply with changes in State law.
ATTENDANCE: Paul Blikstad, Nick Lelack
DISTRIBUTION OF DOCUMENTS:
If the Ordinances for the proposed changes are adopted by the Board, Planning Staff will forward the
necessary copies to the Department of Land Conservation and Development.
NOTICE OF PUBLIC HEARING
The Deschutes County Board of Commissioners will hold a Public Hearing on Monday,
April 23, 2012, at 10:00 a.m. in the Deschutes County Board of Commissioners Hearing Room
at 1300 NW Wall Street, Bend, to take testimony on the following item:
FILE NUMBER: TA-12-2
SUBJECT: House keeping text amendments to incorporate minor changes to State
Law in Title 18 of the Deschutes County Code, Chapter 18.16, Exclusive
Farm Use Zones, and Chapters 18.36 and 18.40, Forest Use Zones.
Also adding to the definitions section of Title 18 (18.04.030) Room and
Board Arrangements, and amending the definition of Property Line
Adjustment under Title 17 (17.08.030). Amending the Addressing code
(Title 16) and deleting Chapter 2.48, Deschutes Basin Resource
Committee.
APPLICANT: Deschutes County
STAFF CONTACT: Paul Blikstad, Senior Planner (PauI.Blikstad@deschutes.org)
Copies of all documents in the file and applicable criteria are available for inspection at the
Planning Division at no cost and can be purchased for 25 cents a page. Documents are also
available online at: www.co.deschutes.or.us/cddl.
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 to be Consistent With State Law in the *
Exclusive Farm Use and Forest Use Zones, to Add a *
Definition of "Room and Board Arrangement," *
Amend the Definitions of "Residential Facility" and *
"Residential Home," and to Amend the Provisions *
for Medical Hardship Dwellings and Solar Access *
Setbacks, and Declaring an Emergency *
ORDINANCE NO. 2012-007
WHEREAS, The Deschutes County Community Development Department initiated the amendments
(Planning Division File No. TA-12-2) to the Deschutes County Code ("DCC") Title 18, Chapter 18.16,
Exclusive Farm Use Zone, and Chapters 18.36 and 18.40, Forest Use Zones, to incorporate the changes to State
Law under Oregon Administrative Rule changes and House Bill 2753; and
WHEREAS, the proposed text amendment also includes amending DCC Chapter 18.04 to add a
definition of "Room and Board Arrangement," and amending the definitions of "Residential Facility" and
"Residential Home;" and
WHEREAS, the proposed text amendment also includes amendments to DCC 18.116.090 for medical
hardship dwellings to clarify who constitutes a family member, and DCC 18.116.180, Building Setbacks for the
Protection of Solar Access, to establish a provision for a solar setback variance; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on March 9,
2012 and forwarded to the Deschutes County Board of Commissioners ("Board") a recommendation of
approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on April 23, 2012 and
concluded that the public will benefit from the proposed changes to DCC Title 18; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section I. AMENDMENT. DCC Chapter 18.04 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. AMENDMENT. DCC Chapter 18.16 is amended to read as described in Exhibit "B,"
attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in strikethrough.
PAGE 1 OF 2-0RDINANCENO. 2012-007
----------------
Section 3. AMENDMENT. DCC Chapter 18.36 is amended to read as described in Exhibit "C,"
attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in strikethro\:lgh.
Section 4. AMENDMENT. DCC Chapter 18.40 is amended to read as described in Exhibit "D,"
attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in strikethfO\:Igh.
Section 5. AMENDMENT. DCC Chapter 18.116 is amended to read as described in Exhibit "E,"
attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in stril(ethro\:lgh.
Section 6. FINDINGS. The Board adopts as its findings Exhibit "F," attached and incorporated by
reference herein.
Section 7. 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 , 2012 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
ALAN UNGER, Vice Chair
ATTEST:
TAMMY BANEY, Commissioner Recording Secretary
Date of 151 Reading: __day of _________, 2012.
Date of 2nd Reading: __day of _________, 2012.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Anthony DeBone
Alan Unger
Tammy Baney
Effective date: __day of _________, 2012.
PAGE 2 OF 2 -ORDINANCE NO. 2012-007
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code *
Title 17 to Amend the Definition of "Property Line *
Adjustment," and to Amend the Parks Development ORDINANCE NO. 2012-008 *
Language to apply to All Park Districts in Deschutes *
County, and Declaring an Emergency *
WHEREAS, The Deschutes County Community Development Department initiated the amendments
(Planning Division File No. TA-12-2) to Deschutes County Code ("DCC") Chapter 17.08, Definitions and
Interpretation of Language, to amend the definition of "Property Line Adjustment" and Chapter 17.44 to Parks
Development language to apply to all park districts in Deschutes County, and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on March 9,
2012 and forwarded to the Deschutes County Board of Commissioners ("Board") a recommendation of
approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on April 23, 2012 and
concluded that the public will benefit from the proposed changes to DCC Title 17; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section I. AMENDMENT. DCC Chapter 17.08 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 stfilwthfOl:lgh.
Section 2. AMENDMENT. DCC Chapter 17.44 is amended to read as described in Exhibit "B,"
attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in stfil~ethfol:lgh.
Section 3. FINDINGS. The Board adopts as its findings Exhibit "F" to Ordinance 2012-007
incorporated by reference herein.
PAGE 1 OF 2 -ORDINANCE NO. 2012-008
III
--------
Section 4. 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 , 2012 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
ALAN UNGER, Vice Chair
ATTEST:
Recording Secretary TAMMY BANEY, Commissioner
Date of 1st Reading: __day of ______, 2012.
Date of 2nd Reading: __day of _____, 2012.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Anthony DeBone
Alan Unger
Tammy Baney
Effective date: __day of _____, 2012.
PAGE 2 OF 2 -ORDINANCE NO. 2012-008
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 16 ofthe Deschutes *
County Code, Chapters 16.08, Definitions, and 16.12, *
Addresses and Road Names, and Declaring an * ORDINANCE NO. 2012-009
Emergency *
WHEREAS, The Deschutes County Community Development Department initiated amendments to
(Planning Division File No. TA-12-2) the Deschutes County Code ("DCC") Title 16, Chapters 16.08 and 16.12;
at the request of Redmond Fire and Rescue to make the County's addressing code consistent with their
addressing protocol; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on March 8,
2012 and forwarded to the Deschutes County Board of Commissioners ("Board") a recommendation of
approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on April 23, 2012 and
concluded that the public will benefit from the proposed changes to DCC Title 18; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Chapter 16.08 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 striketluoHgh.
I
Section 2. AMENDMENT. DCC Chapter 16.12 is amended to read as described in Exhibit "B,"
attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in strikethroHgh.
I
Section 3. FINDINGS. The Board adopts as its findings Exhibit "F" to Ordinance 2012-007
incorporated by reference herein.
/11
I
~
i
I
PAGE 1 OF 2 -ORDINANCE NO. 2012-009
Section 4. 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 2012 BOARD OF COUNTY COMMISSIONERS ________7
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
ALAN UNGER, Vice Chair
ATTEST:
Recording Secretary TAMMY BANEY, Commissioner
Date of 1st Reading: __day of _____, 2012.
Date of 2nd Reading: __day of _____, 2012.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Tammy Baney
Anthony De Bone
Alan Unger
Effective date: __day of _____, 2012.
PAGE 2 OF 2 -ORDINANCE NO. 2012-009
III
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Repealing Deschutes County Code *
Chapter 2.48 , and Declaring an Emergency * ORDINANCE NO. 2012-010
WHEREAS, The Deschutes County Community Development Department initiated the repeal
(Planning Division File No. TA-12-2) of Deschutes County Code ("DCC") Chapter 2.48, Deschutes Basin
Resource Committee because the committee no longer exists and its purpose has been taken over by the Upper
Deschutes Watershed Council; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on March 8,
2012 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 23, 2012 and
concluded that the public will benefit from the repeal ofDCC Chapter 2.48; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section I. AMENDMENT. DCC Chapter 2.48, Deschutes Basin Resource Committee, is hereby
repealed.
PAGE I OF2-0RDINANCENO.2012-010
Section 2. 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 2012 BOARD OF COUNTY COMMISSIONERS --------,
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
ATTEST:
ALAN UNGER, Vice Chair
Recording Secretary TAMMY BANEY, Commissioner
Date of 1st Reading: __day of _____, 2012.
Date of 2nd Reading: __day _____,2012.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Anthony DeBone
Alan Unger
Tammy Baney
Effective date: __day _____,2012.
PAGE 2 OF 2 -ORDINANCE NO. 2012-010