HomeMy WebLinkAboutOrdinance 025 - Dest Resort Remap Procedurest,\01- ES
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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 July 14, 2010
Please sec directions Or completing this document on the next page.
DATE: July 7, 2010.
FROM: Peter Gutowsky
Community Development Department 385-1709
TITLE OF AGENDA ITEM:
Deliberation on Ordinance Nos. 2010-024, amending Title 23, the Deschutes County Comprehensive
Plan to adopt remapping goals and policies, and 2010-025, adding a chapter to the Deschutes County
Code Title 22, Deschutes County Development Procedures which will adopt Destination Resort Map
Amendment Procedures.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
Initiated by staff and further modified by the Deschutes County Planning Commission, Ordinances Naos.
2010-024 and 2010-025 create a process and criteria the County will follow to change its destination
resort map. The two ordinances:
• List clear and objective mapping criteria for areas that are ineligible for siting destination resorts;
• List clear and objective mapping criteria for areas that arc eligible for siting destination resorts; &
• Describe the process for amending Deschutes County's Destination Resort Map.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Conduct first and second reading by Title only, Ordinance Nos. 2010-024 and 2010-025 Exhibits A at d
B and adopt by emergency.
ATTENDANCE: Peter Gutowsky and Legal Counsel
DISTRIBUTION OF DOCUMENTS:
Peter Gutowsky, CDD.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Adding Deschutes County Code
Chapter 22.23, Adopting Destination Resort Map
Amendment Procedures, and Declaring an
Emergency.
*
*
*
ORDINANCE NO. 2010-025
WHEREAS, the Board of County Commissioners ("Board") directed staff to initiate a plan amendment
to adopt map amendment procedures for destination resort remapping; and
WHEREAS, after notice was given in accordance with applicable law, public hearings were held o:i
November 19, 2009, and on December 2, 2009 before the Deschutes County Planning Commission and, o,i
December 2, 2009, the Planning Commission recommended approval of the Comprehensive Plan amendment`;
and
WHEREAS, on February 25, 2010 the Planning Commission forwarded to the Board additional
recommendations for amendments to DCC Chapter 22.23; and
WHEREAS, the Board held duly noticed public hearings on January 20, March 1, April 5, and April 19,
2010 on Ordinance 2010-001, the ordinance that included the amendments to DCC Chapter 23.84, and.
Ordinance 2010-002, the ordinance that added DCC Chapter 22.23, the procedures for amending the County
Comprehensive Plan map;
WHEREAS, on June 7, 2010, the Board amended Ordinance 2010-002, conducted the first and second
reading by title only of Ordinances 2010-001 and 2010-002, and adopted both ordinances declaring ar:
emergency; and
WHEREAS, on June 9, the Board determined that the adoption of Ordinance 2010-002 was not done ir
accordance with ORS 203.045(6) because the amendment to Ordinance 2010-002 adopted on June 7, 2010 was
not included in the ordinance filed with the Board Clerk on June 1, 2010 or read in full by the Board, thereby
rendering the ordinance ineffective; and
WHEREAS, on June 9, 2010, the Board repealed Ordinances 2010-001 and 2010-002 and scheduled a
public hearing on new versions of both ordinances for June 30, 2010 at 10:00 am; and
WHEREAS, this ordinance replaces Ordinance 2010-002 with additional amendments to DCC 22.23;
and
WHEREAS, the Board of County Commissioners considered this matter after a duly noticed public
hearing on June 30, 2010 and concluded that the public will benefit from changes to the land use regulations;
and
WHEREAS, in order to be able to provide direct public notice utilizing the county tax statement mailing
in October, 2010 the Board finds it in the public interest to adopt this ordinance by emergency; now, therefore,
PAGE 1 OF 2 - ORDINANCE NO. 2010-025
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. ADDING. DCC Chapter 22.23, Destination Resort Map Amendment Procedures, is hereby
added to read as described in Exhibit "A" attached hereto and by this reference incorporated herein.
Section 2. FINDINGS. The Board adopts as its findings Exhibit "B" attached to Ordinance 2010-(24
and incorporated by reference herein.
Section 3. 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 , 2010 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
ALAN UNGER, Vice Chair
ATTEST:
Recording Secretary TAMMY BANEY, Commissioner
Date of lst 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. 2010-025
Chapter 22.23. DESTINATION RESORT MAP AMENDMENT PROCEDURES
22.23.010. Destination Resort Map Amendment Procedures.
The existing comprehensive plan map of sites eligible for destination resorts ("eligibility map") may be
amended as follows:
A. All amendments to the eligibility map shall be processed simultaneously and no more than once every
30 months.
B. The deadline for applications for the first eligibility map amendment shall be the first Tuesday ir,
September by 5:00 p.m.
C. Lands shown on the existing eligibility map but unable to comply with DCC 23.84.030(3)(a),
23.84.030(3)(b), 23.84.030(3)(c) and 23.84.030(3)(d) will remain on the eligibility map if property-
owners file a formal request with the Deschutes County Community Development Department on an
authorized county form by the first Friday in January at 5:00 p.m. to remain eligible.
D. In addition to any other county code provision regarding notice, 30 days prior to the end of the next 30 -
month period for amendments to the eligibility map, Deschutes County shall publish a notice
announcing opportunities for property owners to apply for an amendment to the eligibility map.
E. Property owners must file applications for an eligibility map amendment prior to the last day of the 30 -
month period by 5:00 p.m.
F. Any additional applications filed after the deadline in DCC 22.23.010(C) will be processed at the end of
the next 30 -month cycle.
G. Applications to either remove property from or add property to the eligibility map may be initiated u y
the Board, or, if by a property owner, shall:
1. Be submitted by the property owner or a person who has written authorization from the propel ty
owner as defined herein to make the application;
2. Be completed on a form prescribed by the Planning Director;
3. Be accompanied by the appropriate filing fee, unless such fees are waived by the Board of Cow .ty
Commissioners;
4. Include documentation that demonstrates compliance with DCC 23.84.030(3)(a), 23.84.030(3)( J),
23.84.030(3)(c) and 23.84.030(3)(d);
5. For applications adding properties to the eligibility map, the applicant will be required to
demonstrate consistency with the Transportation Planning Rule at OAR 660-012-0060.
H. The planning director shall retain any applications received prior to the expiration of the 30 -mc ath
period.
I. Multiple applications shall be consolidated.
J. The planning director shall schedule the hearing before the planning commission or hearings off cer
after the expiration of the 30 -month period.
(Ord. 2010-002 §1, 2010)
PAGE 1 OF 1 — EXHIBIT "A" TO ORDINANCE 2010-025