HomeMy WebLinkAboutOrdnc 016 - Extend Land Use Permits❑I� L # L i -(
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 June 8, 2011
Please see directions for completing tlzis document on the next page.
DATE: May 23, 2011
FROM: Nick Lelack Community Development Department
385-1708
TITLE OF AGENDA ITEM:
A Public Hearing, and Consideration of First and Second Readings, by Title Only, of Ordinance No.
2011-016, Amending Title 22, to Extend the Expiration of Land Use Permit Approvals, and Declaring
an Emergency.
PUBLIC HEARING ON THIS DATE? Yes.
BACKGROUND AND POLICY IMPLICATIONS:
Land use permit approvals to develop property in Deschutes County are valid for two years. The
County Code allows the Planning Director to grant up to three 1 -year extensions for approvals where a
development has not been started. This means that property owners or developers have up to five years
to start their development. Examples of land use permits subject to this time frame include site plan
reviews, conditional use permits, subdivisions, and partitions. The Exclusive Farm Use and Forest Use
Zones have separate duration of approvals and extensions as established by state law.
Ordinance 2011-016 allows the Planning Director to grant one additional two-year extension for a land
use approval or a phase of a land use approval issued prior to June 8, 2011. As a result, property owners
or developers with valid permits issued before this date would have up to seven years to start their
development. Dwellings in the Farm Use and Forest Use Zones are not eligible for this additional
extension. This ordinance would be effective immediately because permits are expiring this summer.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Hold the public hearing.
Conduct First and Second Readings, by Title Only, of Ordinance No. 2011-016, Declaring an
Emergency.
Move Adoption of Ordinance No. 2011-016.
ATTENDANCE: Nick Lelack and Legal Counsel
DISTRIBUTION OF DOCUMENTS:
Nick Lelack, CDD
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
22.36.010, to Extend the Expiration of Land Use
Permit Approvals, and Declaring an Emergency.
*
*
ORDINANCE NO. 2011-016
WHEREAS, Deschutes County Planning Division staff requested and the Board of County
Commissioners ("Board") directed staff to initiate a text amendment to Deschutes County Code ("DCC")
22.36.010, Expiration of Approval, to allow one additional two-year extension for land use approvals or phases
of a land use approval; and
WHEREAS, after notice was given in accordance with applicable law, a public meeting was held on
May 12, 2011 by the Deschutes County Planning Commission and, on May 12, 2011. the Planning Commission
reviewed and forwarded to the Board a recommendation of approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on June 8, 2011 and
concluded that the proposed changes are consistent with the County's Comprehensive Plan and that the public
will benefit from changes to the land use regulations; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 22.36.010, Expiration of Approval, 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. FINDINGS. The Board adopts as its findings in support of this decision, Exhibit "B",
attached and incorporated by reference herein.
///
PAGE 1 OF 2 - ORDINANCE NO.201 1-016
Section 3. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an
emergency is declared to exist and this Ordinance takes effect on its passage.
Dated this
ATTEST:
of , 2011 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
Recording Secretary ALAN UNGER, Commissioner
Date of 1 sr Reading: day of , 2011.
Date of 2nd Reading: day of , 2011.
Commissioner
Anthony DeBone
Alan Unger
Tammy Baney
Record of Adoption Vote:
Yes No Abstained Excused
Effective date: day of , 2011.
PAGE 2 OF 2 - ORDINANCE NO. 201 1-016
22.36.010. Expiration of Approval.
A. Scope.
1. Except as otherwise provided herein, DCC 22.36.010 shall apply to and describe the duration of all
approvals of land use pennits provided for under the Deschutes County Land Use Procedures
Ordinance, the various zoning ordinances administered by Deschutes County and the
subdivision/partition ordinance.
2. DCC 22.36.010 does not apply to:
a. Those determinations made by declaratory ruling, such as verifications of nonconforming uses,
lot of record determinations and expiration determinations, that involve a determination of the
legal status of a property, land use or land use permit rather than whether a particular
application for a specific land use meets the applicable standards of the zoning ordinance. Such
determinations, whether favorable or not to the applicant or landowner, shall be final, unless
appealed, and shall not be subject to any time limits.
b. Temporary use permits of all kinds, which shall be governed by applicable ordinance
provisions specifying the duration of such permits.
c. Quasi-judicial map changes.
B. Duration of Approvals.
1. Except as otherwise provided under DCC 22.36.010 or under applicable zoning ordinance
provisions, a land use permit is void two years after the date the discretionary decision becomes
final if the use approved in the pen -nit is not initiated within that time period.
2. Except as otherwise provided under applicable ordinance provisions, preliminary approval of plats
or master plans shall be void after two years from the date of preliminary approval, unless the final
plat has been submitted to the Planning Division for final approval within that time period, an
extension is sought under DCC 22.36.010 or the preliminary plat or master plan approval has been
initiated as defined herein.
3. In cases of a land use approval authorized under applicable approval criteria to be completed in
phases, each phase must be initiated within the time specified in the approval, or initiated within
two years of completion of the prior phase lino timetable is specified.
4. The approval period for the following dwellings in the Exclusive Farm Use and Forest Use Zones is
for 4 years:
a. Replacement dwelling
b. Nonfarm dwelling
c. Lot of record dwelling
d. Large tract dwelling
e. Template dwelling.
Chapter 22.36 1 (06/2011)
Page 1 of 2 — Exhibit A to Ordinance 201 1-016
C. Extensions.
1. The Planning Director may grant one extension of up to one year for a land use approval or a phase
of a land use approval, and two years for those dwellings listed in DCC 22.36.010(B)(4) above,
regardless of whether the applicable criteria have changed, if:
a. An applicant makes a written request for an extension of the development approval period;
b. The request, along with the appropriate fee, is submitted to the County prior to the expiration of
the approval period;
c. The applicant states reasons that prevented the applicant from beginning or continuing
development or meeting conditions of approval within the approval period; and
d. The County determines that the applicant was unable to begin or continue development or meet
conditions of approval during the approval period for reasons for which the applicant was not
responsible, including, but not limited to, delay by a state or federal agency in issuing a
required permit.
2. Up to two additional one-year extensions, or two-year extensions for those dwellings listed under
DCC 22.36.010(B)(4) above, may be granted under the above criteria by the Planning Director or
his the Planning Director's designees where applicable criteria for the decision have not changed.
3. In addition to the extensions granted in DCC 22.36.010(C)(1), one additional two-year extension
for a land use approval or a phase of a land use approval may be granted by the Planning Director or
the Planning Director's designee under the criteria listed under DCC 22.36.010(C)(1) for approvals
issued prior to June 8, 2011. This subsection does not apply for those dwellings listed under DCC
22.36.010(B)(4) above.
D. Procedures.
1. A determination of whether a land use has been initiated shall be processed as a declaratory ruling.
2. Approval of an extension granted under DCC 22.36.010 is an administrative decision, is not a land
use decision described in ORS 197.015 or Title 22 and is not subject to appeal as a land use
decision and shall be processed under DCC Title 22 as a development action, except to the extent it
is necessary to determine whether the use has been initiated.
E. Effect of Appeals. The time period set forth in DCC 22.36.010(B) shall be tolled upon filing of an
appeal to LUBA until all appeals are resolved.
(Ord. 2011-016, 2011; Ord. 2004-001 §4, 2004; Ord. 95-045 §43A, 1995; Ord. 95-018 §1, 1995; Ord.
90-007 §1, 1990)
Chapter 22.36
Page 2 oft — Exhibit A to Ordinance 2011-016
2 (06/2011)
FINDINGS
The Deschutes County Planning Director presented to Board of Commissioners
("Board") a request to initiate a text amendment to the Deschutes County Code ("DCC")
to extend the expiration of land use permits for and additional who years. The Board
held one work session on April 13, 2011 and directed the Planning Director to initiate
that text amendment. The Planning Commission reviewed the amendments on May 12,
2011, and recommended approval of the text amendment. The Board then conducted a
public hearing on June 8, 2011 on Ordinance 2011-016, amending DCC Section
22.36.010, Expiration of Approvals.
BACKGROUND
DCC Section 22.36.040 (B) and (C) establish the duration of land use permit approvals
for two years, and authorize the Planning Director to grant up to three 1 -year extensions
for approvals where a development has not been initiated. Land use permit approvals
subject to this time frame include site plan reviews, conditional use permits,
subdivisions, partitions, lot line adjustments, etc. Resource dwellings in the Exclusive
Farm Use and Forest Use Zones have separate duration of approvals and extensions
established by state law.
The historic economic downturn, which has hit Deschutes County particularly hard and
for an extended period of time, has caused a significant increase in the number of
development approval extensions as shown in Table 1 below since 2008. Specifically, it
shows that 252, or 42%, of the 600 development approvals issued since 2000 have
been extended since the start of 2008. Moreover, 2011 is on pace for nearly 100
extension requests with 24 already submitted in the first quarter (January — March
2011). Consequently, an increasing number of property owners and developers are
unable to initiate their development or phase of development in the current economy,
and some have requested Deschutes County extend the period of time allowed to
exercise such approvals.
Table 1. Development Approval Extension Requests
Year
Number of Extension Requests
2000
35
2001
51
2002
65
2003
39
2004
33
2005
24
2006
51
2007
49
2008
73
2009
70
2010
85
Exhibit B to Ordinance 2011-016
Page 1 of 4
2011 (1st Quarter)
24
TOTAL
600
On April 13, Board directed the Community Development Department to initiate a text
amendment to DCC Chapter 22.36, Limitation on Approvals to allow one additional two-
year extension for land use approvals and phases of land use approvals, except for
those dwellings in resource zones. Similar two-year extension requests have been
made and approved throughout Central Oregon, including in the cities of Bend,
Redmond and Sisters, and in Crook County.
PROPOSED TEXT AMENDMENT
Amendments to DCC Section 22.36.010 are underlined. No text is proposed to be
deleted. The text amendment is self-explanatory below.
C. Extensions.
1. The Planning Director may grant one extension of up to one year for a
land use approval or a phase of a land use approval, and two years for
those dwellings listed in DCC 22.36.010(B)(4) above, regardless of
whether the applicable criteria have changed, if:
a. An applicant makes a written request for an extension of the
development approval period;
b. The request, along with the appropriate fee, is submitted to the
County prior to the expiration of the approval period;
c. The applicant states reasons that prevented the applicant from
beginning or continuing development or meeting conditions of
approval within the approval period; and
d. The County determines that the applicant was unable to begin or
continue development or meet conditions of approval during the
approval period for reasons for which the applicant was not
responsible, including, but not limited to, delay by a state or federal
agency in issuing a required permit.
2. Up to two additional one-year extensions, or two-year extensions for those
dwellings listed under DCC 22.36.010(B)(4) above, may be granted under
the above criteria by the Planning Director or his the Planning Director's
designees where applicable criteria for the decision have not changed.
3. In addition to the extensions granted in DCC 22.36.010(C)(1), one
additional two-year extension for a land use approval or a phase of a land
use approval may be granted by the Planning Director or the Planning
Director's designee under the criteria listed under DCC 22.36.010(C)(1)
for approvals issued prior to June 8, 2011. This subsection does not apply
for those dwellings listed under DCC 22.36.010(B)(4) above.
Exhibit B to Ordinance 2011-016 Page 2 of 4
FINDINGS
1. State Notification Requirements
• ORS 197.610(2),1 Post -acknowledgment procedures, was not initiated
because the statewide planning goals do not apply to these legislative
amendments. The amendments to DCC Chapter 22.36 just allow an
additional two years to initiate a land use approval or phase of a land use
approval.
• ORS 215.503,2 Notice to property owners, was not initiated because the
amendments to DCC Chapter 2.28 do not tighten restrictions beyond what
exists today; the amendment only allows a longer expiration period for land
use approvals.
2. Consistency with Deschutes County Comprehensive Plan
The Deschutes County Comprehensive Plan does not address limitations on land
use approvals or phases of land use approvals.
3. Consistency with Deschutes County Code (DCC)
Not applicable.
4. Oregon Revised Statutes and Statewide Planning Goals
1. Statewide Planning Goals
No statewide planning goals are directly applicable. This amendment is purely
administrative and procedural in nature and does not require prior notice to
DLCD.
2. ORS 197.175(2) & ORS 215.050
Not applicable.
3. ORS 92.040(3)
A local government may establish a time period during which decisions on land
use applications under subsection (2) of this section apply. However, in no event
' http://www.leg.state.or.us/ors/197.html
2 http://www.leq.state.or.us/ors/215.html
Exhibit B to Ordinance 2011-016 Page 3 of 4
shall the time period exceed 10 years, whether or not a time period is established
by the local government.
The text amendments do not authorize a time period to exceed the 10 years
maximum imposed by state statute.
4. ORS 215.417
ORS 215.417 Time to act under certain approved permits; extension. (1) If a
permit is approved under ORS 215.416 for a proposed residential development on
agricultural or forest land outside of an urban growth boundary under ORS
215.010 to 215.293 or 215.317 to 215.438 or under county legislation or
regulation, the permit shall be valid for four years.
(2) An extension of a permit described in subsection (1) of this section shall be
valid for two years.
(3) For the purposes of this section, "residential development" only includes the
dwellings provided for under ORS 215.213 (1)(t), (3) and (4), 215.283 (1)(s),
215.284, 215.317, 215.705 (1) to (3), 215.720, 215.740, 215.750 and 215.755 (1)
and (3
ORS 215.417 states that a conditional use permit for a residential dwelling in an
agricultural or forest zone is valid for four years with one two year extension
permissible.
The proposed text amendment does not impact the time period for residential
dwellings in agricultural or forest zones.
Exhibit B to Ordinance 2011-016 Page 4 of 4