HomeMy WebLinkAboutOrdinance 005 - Code - Signature of Plats{ Deschutes County Board of County Commissioner
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AGENDA REQUEST AND STAFF REPORT
For Board Business Meeting of March 24, 2010
Please see directions on the next page for completing this document
DATE: February 23, 2010
FROM: Laurie Craghead Legal 541-388-6593
TITLE OF AGENDA ITEM:
Public Hearing, and Consideration of First and Second Readings and Adoption, by Emergency,
of Ordinance 2010-005 Amending Deschutes County Code 17.24.105 to Authorize Any
Deschutes County Board of Commissioners Member Signature on Partition and Subdivision
Plats.
PUBLIC HEARING ON THIS DATE? YES
BACKGROUND AND POLICY IMPLICATIONS:
DCC 17.24.105 authorizes the Chair and the Vice -Chair of the Board of County Commissioners
to sign subdivision and partition plats on behalf of the Board. In the past, the Board of County
Commissioners has given oral authority for any commissioner to sign those plats. Ordinance
2010-005, along with Ordinance 2010-006, codifies that authority.
Officially, because of statutory changes in 2005, this amendment is not a land use decision.
Because the change it to a chapter in Title 17, however, the staff felt that following the
legislative action procedures in Title 22 would be appropriate for this amendment.
FISCAL IMPLICATIONS: None
RECOMMENDATION & ACTION REQUESTED:
Hold the hearing. Authorize Chair to conduct the first and second reading. Adopt the ordinance
ATTENDANCE: Laurie Craghead
DISTRIBUTION OF DOCUMENT:
Copy to Legal Staff for codification.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
17.24.105 to Authorize Any Deschutes County Board
of Commissioners Member Signature on Partition
and Subdivision Final Plats and Declaring an
Emergency
ORDINANCE NO. 2010-005
WHEREAS, the Board of County Commissioners ("Board") requested that Deschutes County Le gal
Counsel staff initiate a text amendment to Deschutes County Code ("DCC") 17.24.105, Final Plat Review in
order to formally authorize any County Commissioner to sign final plat instead of only authorizing the Chair and
Vice -Chair to sign; and
WHEREAS, after notice was give in accordance with applicable law, a public hearing was held on
February 11, 2010 before the Deschutes County Planning Commission and, on that same date the Plann ng
Commission recommended approval of the text amendment; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on March 24, 2010 ; ind
concluded that the public will benefit from changes to the land use regulations; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAI \TS
as follows:
Section 1. AMENDMENT. DCC 17.24.105, Final Plat Review, is amended to read as describes in
Exhibit "A, attached and incorporated by reference herein, with new language underlined and deleted langu ige
setforth in st-riles.
Section 2 FINDINGS. The Board adopts as its findings in support of this decision, the findi igs
attached as Exhibit "B" and incorporated by reference herein.
///
PAGE 1 OF 2 - ORDINANCE NO. 2010-005
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 , 2010 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
DENNIS R. LUKE, Chair
ALAN UNGER, Vice Chair
Recording Secretary TAMMY BANEY, Commissioner
Date of 15` Reading: day of , 2010.
Date of 2"d Reading: day of , 2010.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Dennis R. Luke
Alan Unger
Tammy Baney
Effective date: day of , 2010.
PAGE 2 OF 2 - ORDINANCE NO. 2010-005
17.24.105. Final Plat Review.
A. Upon payment by the applicant of any fees required by the County, the Planning Director and such
other County departments as he shall deem appropriate shall review the plat and other data submitted
with it to determine whether or not the subdivision or partition as shown is substantially the same as it
appeared on the approved tentative plan and for compliance with provisions of DCC Title 17, the
tentative approval, and other applicable laws. -
B. iIf the Planning Director determines all conditions of approval have been satisfied, the final platin shall
be submitted to the Board : .. - for approval.
C. A final platft may be approved by signature of any the chairperson or vice chairperson of the Board
member.
BD.Review and approval under DCC 17.24 shall occur in accordance with DCC 17.24.110.
(Ord. 2010-005, §1, 2010; Ord. 97-045, §1, 1997; Ord 93-012 §28, 1993)
Chapter 17.24 (03/20106
Page 1 of 1 — Exhibit A to Ordinance 2010-005
FINDINGS DECISION OF THE
DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS
APPLICANTS:
APPLICANTS'
ATTORNEYS:
REQUEST:
STAFF REVIEWER:
BACKGROUND:
Deschutes County
Laurie Craghead, Assistant Legal Counsel
Amend DCC 17.54.105 and 2.05.060 to Authorize Any
Deschutes County Board of Commissioners Member Signature
on Partition and Subdivision Final Plats and Declaring an
Emergency.
Laurie Craghead
The Deschutes County Board of County Commissioners ("Board") held a public hearing on
March 24, 2010 on Ordinance 2010-005. The Board will considered a minor text amendment
initiated by Deschutes County Legal Counsel staff, at the request of the Board, to Deschutes
County Code (DCC) Section 17.24.105. This section of the code currently allows only the Chair
and Vice -chair of the Board to sign plats without approval of the entire Board; although the
Board may designate another commissioner to sign documents in place of the Chair, which has
happened in the past. The purpose of the proposed text amendment is to allow for any Board
member to sign plats without the necessity of a formal designation from the Board.
PROPOSED TEXT AMENDMENT
The proposed text amendment is detailed in the Exhibit A attached to Ordinance 2010-005 with
text underlined for new language and shown as str-il oug14 for deleted language.
REVIEW CRITERIA AND FINDINGS
State Statutes
In 2005, the Oregon State Legislature added ORS 92.100(7) to say that the signature of the
governing body on a final plat is not a land use decision. In 2007, the Legislature amended
ORS 197.015(10)(b) to include in the list of what is exempt from land use decisions, any
decision of the local government "(G) That approves or denies approval of a final subdivision or
partition plat or that determines whether a final subdivision or partition plat substantially
conforms to the tentative subdivision or partition plan." Thus, no particular process is required
by state statute for approval of the final plat. As a result, the County can determine who is
authorized to sign a final plat and the County has no criteria to be used in establishing that final
plat signature process.
Additionally, because this is not a land use decision and, as stated below, the Statewide
Planning Goals are not relevant, ORS 197.610 is not applicable and staff will not send notice to
the Oregon Department of Land Conservation ("DLCD").
Page 1 of 3 — Exhibit B to Ordinance 2010-005
Statewide Planning Goals
Because the governing body signatures on final plats are no longer land use decisions, the
Statewide Planning Goals are not applicable to this amendment. Additionally, even if this text
amendment were to be considered a land use decision, once a local jurisdiction's
comprehensive plan is acknowledged by DLCD as complying with the Statewide Planning Goals
and a zoning code amendment is determined to comply with the local jurisdiction's
comprehensive plan, the Statewide Planning Goals are not applicable to that text amendment.
Therefore, because, as described below, this text amendment does comply with the County's
Comprehensive Pian, the Statewide Planning Goals do not apply to Ordinance 2010-005.
Deschutes County Comprehensive Plan
Because the majority of the County's Comprehensive Plan focuses on uses within the county
and this text amendment is a minor procedural change and not a land use decision, the only
chapter that may be relevant to this proposal is DCC Chapter 23.124, Citizen Involvement. Staff
appropriately provided the public notice of the public hearing before the Planning Commission
by publishing notice of the hearing in the Bend Bulletin on January 17, 2010 and by including
the text amendment on the county's website, which is readily available to the public. Notice for
the Board hearing was published on March 14, 2010. This is more notice than what is required
for a non -land use text amendment. Therefore, the goals and policies in DCC Chapter 23.124
are satisfied by this legislative process.
Other County Code Requirements
DCC Chapter 22.12
Because the signing of a plat is no longer a land use decision, the proposed amendment is not
officially a land use regulation that is normally under the purview of the Planning Commission.
Because, however, this particular code provision is in the County's subdivision and partition
code title, Title 17, and DCC 22.12.010 requires all land use code legislative changes to be first
reviewed by the Planning Commission, staff presented this provision to the Planning
Commission and then to the Board.
DCC 22.12.030 allows the Board to initiate legislative changes, which it did in this case. As
listed above under the Comprehensive Plan discussion, staff followed the publishing and
posting requirements of DCC 22.12.020. As required by DCC 22.12.040(B), this ordinance was
heard by the Planning Commission prior to the Board taking action on the ordinance. Given that
the ordinance is the subject of the notices and the hearing, DCC 22.12.050 is also satisfied.
Other than what has been discussed in this decision, however, nothing exists in the way of
applicable code criteria against which to evaluate this ordinance. Thus, this code chapter is
satisfied in all respects.
CONCLUSION
Time is usually of the essence for a developer and, thus, the timing of the signatures on a plat
prior to recording can be critical. The Board should have the flexibility of each commissioner
being authorized to sign a partition or subdivision final plat in the event the Chair and Vice -Chair
are not available to provide that signature. Thus, this text amendment is in the public interest to
allow for this flexibility.
Page 2 of 3 — Exhibit B to Ordinance 2010-005
The Board has verbally given signature authority in the past to the third commissioner. That
authority, however, should be codified. This text amendment, along with the text amendment in
Ordinance 2.04.060 will provide that formal authority.
Because timing is critical for the signing of these plats, the Board finds that providing the formal
authority quickly is appropriate. Therefore, adopting this ordinance by emergency is
appropriate.
Page 3 of 3 — Exhibit B to Ordinance 2010-005
17.24.105. Final Plat Review.
A. Upon payment by the applicant of any fees required by the County, the Planning Director and such
other County departments as he shall deem appropriate shall review the plat and other data submitted
with it to determine whether or not the subdivision or partition as shown is substantially the same as it
appeared on the approved tentative plan and for compliance with provisions of DCC Title 17, the
tentative approval, and other applicable laws. -
B. i!If the Planning Director determines all conditions of approval have been satisfied, the final plata shall
be submitted to the Board of county Commissioners for approval.
C. A final plata may be approved by signature of any the chairperson or vice chairperson of the Board
member.
BD.Review and approval under DCC 17.24 shall occur in accordance with DCC 17.24.110.
(Ord. 2010-005, §1, 2010; Ord. 97-045, §1, 1997; Ord 93-012 §28, 1993)
Chapter 17.24 (03/20106
Page 1 of 1 — Exhibit A to Ordinance 2010-005
