HomeMy WebLinkAboutOrdnc 021 - Desch Natl Forest - UGBDeschutes 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 27, 2011
DATE: June 14, 2011
FROM: Nick Lelack
Community Development Department 385-1708
TITLE OF AGENDA ITEM:
Consideration of First and Second Readings, by title only, and adoption by emergency of Ordinance
No. 2011-021, Amending Title 23, the Deschutes County Comprehensive Plan Map, to Expand the City
of Bend Urban Growth Boundary.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
On May 23, a Deschutes County Hearings Officer approved land use decision PA -11-1, ZC-10-1, and
MA -11-3 for the Deschutes National Forest's (DNF) 26 -acre portion of the former Bend Pine Nursery
site. This decision approved the following: (1) An amendment to the Deschutes County
Comprehensive Plan map designation for this property from Urban Reserve Area (URA) to Public
Facilities (PF); (2) An amendment to the Deschutes County zoning map of the subject property from
Urban Area Reserve (UAR10) to Public Facilities (PF); and (3) An expansion of the City of Bend
Urban Growth Boundary (UGB) to include the 26 -acre DNF property.
Ordinance 2011-019 adopts the first amendment. Ordinance 2011-020 adopts the second amendment
and Ordinance 2011-021 adopts the third amendment. Each are attached to separate agenda requests.
Deschutes County Code (DCC) 22.28.030 requires the Board to adopt the Hearings Officer's decision
since it was not appealed and the Board did not initiate review during the appeal period, which ended
on June 6, 2011. The reason for the emergency adoption is to allow the DNF to connect its new
headquarters facility to the City of Bend's sewer prior to opening in fall 2011.
FISCAL IMPLICATIONS: None
RECOMMENDATION & ACTION REQUESTED:
Motion 1: Move First and Second readings by title only of Ordinance No. 2011-021, declaring an
emergency.
Motion 2. Move adoption of Ordinance No. 2011-021.
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 Title 23, the Deschutes
County Comprehensive Plan Map, to Expand the
City of Bend Urban Growth Boundary, and Declaring
an Emergency
*
*
*
ORDINANCE NO. 2011-21
WHEREAS, The Deschutes National Forest applied for a quasi-judicial plan amendment to Title 23 of
the Deschutes County Code, the Deschutes County Comprehensive Plan Map, to expand the City of Bend Urban
Growth Boundary ("UGB") to include approximately 26 acres of land for Deschutes National Forest facilities;
and
WHEREAS, after notice was given in accordance with applicable law, public hearings were held before
the Deschutes County Hearings Officer on May 2, 2011,and, on May 23, 2011, the Hearings Officer approved
the Plan Amendment; and
WHEREAS, because no appeal was filed and the Board of County Commissioners ("Board") did not
initiate review of the application, pursuant to Deschutes County Code ("DCC") 22.28.030(B), the Board must
approve the plan amendment, and
WHEREAS, the Board considered this matter at a public meeting on June 27, 2011; and
WHEREAS, the Board declares an emergency due to the necessity of the Deschutes National Forest
facilities to connect to the City of Bend sewer system to address effluent disposal in a timely manner; and
WHEREAS, Deschutes County Ordinance 2011-021 ordained the Deschutes County Comprehensive
Plan Map to be a component of DCC Title 23 and, therefore, any amendment to the Plan Map is an amendment
to DCC Title 23; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. The Deschutes County Comprehensive Plan Map; is amended to expand
the City of Bend UGB as described in Exhibit "B" attached to Ordinance 2011-019, and incorporated by
reference herein, and depicted on the map set forth as Exhibit "A" attached and incorporated by reference
herein.
Section 2. FINDINGS. The Board adopts as its findings in support of this decision, the Decision of the
Hearings Officer, attached as Exhibit "C" to Ordinance 2011-019 and incorporated by reference herein.
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Page 1 of 2 - ORDINANCE NO. 2011-021
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 of , 2011 BOARD OF COUNTY COMMISSIONERS
OF DESCHLTTES COUNTY, OREGON
ATTEST:
TAMMY BANEY, Chair
ANTHONY DEBONE, Commissioner
Recording Secretary ALAN UNGER, Commissioner
Date of 1St Reading: day of , 2011.
Date of 2' Reading: day of , 2011.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Tammy Baney
Anthony De Bone
Alan Unger
Effective date: day of , 2011.
Page 2 of 2 - ORDINANCE NO. 2011-021
Proposed
Urban Growth Boundary
Expansion Area
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COMPREHENSIVE PLAN MAP
Legend
I=1 Urban Growth Boundary Expansion Area
Bend Urban Growth Boundary
Exhibit "A"
to Ordinance 2011-021
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0 175 350 700
l51511Feet
June 10. 2011
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Tammy Baney, Chair
Tony DeBone, Vice Chair
Alan Unger, Commissioner
ATTEST: Recording Secretary
Dated this day of June, 2011
Effective Date: June _, 2011