HomeMy WebLinkAboutCDD Work Plan AmendmentCommunity Development Department
Planning Division Building Safety Division Environmental Health Division
Memorandum
117 NW Lafayette Avenue Bend Oregon 97701 -1925
(541)388 -6575 FAX (541)385 -1764
http : / /www.co.deschutes.or.iis /cdd/
To: Board of County Commissioners
From: Nick Lelack, Planning Director
CC: Tom Anderson, Community Development Director
Date: May 11, 2009, Revised May 26, 2009
Re: Planning Commission Input on Community Development Department Work Plan 2009 -2010
On April 9, 2009, the Planning Commission discussed the Planning Division element of the
Community Development Department's Accomplishments and Work Plan 2009 -2010.
Commissioners did not take any formal action on any issue, but rather provided comments on the
items below. The Board conducted a work session on the draft Work Plan on April 22. In May,
Planning Commissioner Brenda Pace asked that weed abatement be added to the Work Plan.
1. Code Amendments (pages 20 -21 of the Work Plan)
a. Commissioner Brown stated that he would like to add to the list of Code Amendments
his package of "repair" code amendments, combine them with the staffs list of "clean-
up" code amendments and make this a priority item.
b. Commissioners Brown and Irvine expressed their interest in amending Deschutes
County Code Titles 2 and 22 to allow the Planning Commission to make quasi-judicial
land use decisions.
2. Other Projects
a. Chair Cyrus and Commissioners Brown, Klyce and Irvine would like staff to initiate
rezoning applications for property owners who believe mistakes have been made
regarding the zoning of their property. Each property has its own unique set of
circumstances, and each is an "up- zone" to a more intensive use. Rezoning to a
more intensive use will require compliance with the Transportation Planning Rule.
The three properties are:
i. 8755 13th Street, Terrebonne: Randall Etter states he owns or is in contract
to buy this property. According to the Assessors office, it is owned by Richard
Anderson with contract buyers, Kerry and Wendy Backsen. It has been
operated as an auto - repair business. Mr. Etter ran an auto repair business
during the periodic review period (1996). In 1997, new plan policies were
adopted and challenged, and then in 1998 the Terrebonne Plan designations
Quality Services Performed with Pride
were affirmed by the Land Conservation and Development Commission. Mr.
Etter claims to have not been included in the plan designation changes that
he requested; however, he was not the property owner at the time and
appears to not be the property owner now. In January 2006 Mr. Etter was
denied a Nonconforming Use Verification for his Auto Repair business, he
was not able to demonstrate that his business was established prior to
November, 1997. The property is zoned Terrebonne Residential and currently
contains a metal building. Staff has not further verified the property
ownership issues nor contacted the listed owners.
ii. 65315 Highway 97, Deschutes Junction: Bob Fair has owned this property
for over 30 years. The property was originally zoned by ordinance PL -5
Exclusive Farm Use (A -1). In 1978, the Board denied a request to rezone this
property from A -1 to General Commercial (C -2). However, the Board
approved a zone change from A -1 to A -S, Rural Service Center. This zone
permitted Agribusiness and retail store, restaurant, office or service
establishment. Later, in 1979, under PL -15, the property was zoned EFU,
and remains zoned EFU today. In 1996, Mr. Fair applied for
a Nonconforming use Verification and was denied. Mr. Fair owns the property
now and is requesting that we rezone his property to Rural Commercial.
iii. 52379 Huntington Rd., City of La Pine: John Thomas and his wife own this
property. It is currently zoned Rural Residential -10, and Mr. Thomas states
that the property should be rezoned to commercial.
The options to address these properties /rezonings include:
i. Address the Terrebonne and Deschutes Junctions issues as part of the
County's Comprehensive Plan Update, and the City of La Pine's during
the development of the City's Comprehensive Plan.
ii. The applicants may initiate the amendments and pay the fees; or
iii. The Board may direct staff to initiate any /all of the zone changes as part
of the Work Plan; or
iv. The Board may pay for or waive the fees and either direct staff to initiate
the zone changes or the applicants to make application for the zone
changes.
3. Code Enforcement
a. As part of the Code Enforcement Procedures Manual update item, Commissioner
Quatre recommended that the Board consider removing the provision that requires
complaining parties to sign their names. Chairman Cyrus stated that he believed
names were required to reduce frivolous complaints.
4. Weed Abatement
a. Commissioner Pace asked that the County adopt weed abatement ordinances to
establish weed abatement requirements as part of new site grading requirements,
and site inspection for compliance with the ordinance prior to the issuance of a
certificate of occupancy for building permits.
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