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HomeMy WebLinkAbout2nd Reading - Adopt - Ordinance 030Deschutes 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 December 15, 2008 Please see directions for completing this document on the next page. DATE: November 25, 2008 FROM: Chris Bedsaul, Associate Planner. CDD 383-6719 TITLE OF AGENDA ITEM: Consideration of Second Reading by title only, and Adoption of Ordinance 2008-030 for text amendments to Chapters 17.04, 17.08, 17.16 and 17.22 of Title 17 of the Deschutes County Code (DCC) in accordance with the 2007 Edition of ORS 92.176 and ORS 92.177. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: The application for a text amendment to Title 17 was submitted by Paul David Yeager on June 17, 2008 to bring County Code into conformance with ORS Chapter 92 with respect to land divisions for improperly created properties. Staff also recommended minor text changes to Chapters in Title 17 in order to keep the Code consistent with State law. The Deschutes County Planning Commission held a public hearing and accepted testimony for TA -08-7 on October 9, 2008. No parties testified in opposition to this text amendment. The Planning Commission voted unanimously to recommend the Board approve TA -08-7, as modified by the Planning Commission. Since the Planning Commission recommendation, Legal Counsel reviewed the proposed text and made minor changes to mirror the statute. The BOCC held a public hearing for TA-08-07on November 24, 2008 and no parties testified in favor of or in opposition to this text amendment. The BOCC closed the public hearing and the first reading took place on December 1, 2008. FISCAL IMPLICATIONS: None RECOMMENDATION & ACTION REQUESTED: 2"d Reading by title only, and Adoption of Ordinance 2008-030. ATTENDANCE: Chris Bedsaul. DISTRIBUTION OF DOCUMENTS: CDD Staff; applicant; County Surveyor REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 17, of the Deschutes County Code to Incorporate the 2007 Legislative Text of ORS 92.176 and ORS 92.177. * * ORDINANCE NO. 2008-030 WHEREAS, Paul David Yager requested a text amendment to Title 17 in order incorporate the 2(,07 Legislative Text of ORS 92.176 and ORS 92.177, and WHEREAS the Planning Commission considered this matter after a public hearing on October 9, 20 )8, and forwarded a recommendation to the Board to approve the proposed text amendments to Title 17 as modil ied by the Planning Commission; and WHEREAS, notice of public hearing before the Board of County Commissioners ("Board") was published in the Bend Bulletin on November 2, 2008; and WHEREAS the Board considered this matter after a public hearing was held on November 24, 2008 and concluded that Title 17 should be amended to adopt the 2007 Edition of ORS 92.176 and 92.177 and of ler minor text changes in Title 17; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAI vS as follows: Section 1. AMENDMENT. DCC 17.04, General Provisions, are amended to read as described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strilethreugh. Section 2. AMENDMENT. DCC 17.08, Definitions, is amended to read as described in Exhibit "3," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in ftrikethrough. Section 3. AMENDMENT. DCC 17.16, Approval of Subdivision Tentative Plan and Master Development Plans, is amended to read as described in Exhibit "C," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 4. AMENDMENT. DCC 17.22, Approval of Tentative Plans For Partitions, is amended to read as described in Exhibit "D," attached hereto and by this reference incorporated herein, with r ew language underlined and language to be deleted in strikethrough. /// PAGE 1 OF 2 - ORDINANCE NO. 2008-030 (12/22/08) Section 5. FINDINGS. The Board of Commissioners adopts as it's findings in support of t his amendment Exhibit "E", attached and incorporated by reference herein. Dated this of , 2008 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: DENNIS R. LUKE, CHAIR TAMMY BANEY, VICE CHAIR Recording Secretary MICHAEL M. DALY, COMMISSIONER Date of 1st Reading: day of , 2008. Date of 2nd Reading: day of , 2008. Record of Adoption Vote Commissioner Yes No Abstained Excused Dennis R. Luke Tammy Baney Michael M. Daly Effective date: day of , 2008. ATTEST: Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. 2008-030 (12/22/08) Chapter 17.04. GENERAL PROVISIONS 17.04.010. Short Title. 17.04.020. Purpose. 17.04.030. Interpretation. 17.04.040. Amendments. 17.04.050. Corrections. 17.04.010. Short Title. DCC Title 17 shall be known as the County Subdivision and Partition Ordinance, and may be so cited and plead. (Ord. 90-003 §1, 1990; Ord. 81-043 §§1 and 1.005, 1981) 17.04.020. Purpose. A. In accordance with the provisions of ORS 92, 197 and 215, DCC Title 17 sets forth the minimum standards governing the approval of land development, including subdivisions and partitionings, as necessary to carry out the County comprehensive plan and to promote the public health, safety and general welfare. The purpose of these provisions and regulations are to: 1. Encourage well planned subdivision and partition development to the end that good liveable neighborhoods with all needed amenities and community facilities may be created. 2. Encourage development in harmony with the natural environment and within resource carrying capacities. 3. Safeguard the interest of the public, the applicant and the future lot owner. 4. Improve land records and boundary monumentation. 5. Insure equitable processing of subdivision plats and partitioning plans, and accomplish to the greatest extent possible the goals and objectives of the comprehensive plan for the County. 6. To regulate the orientation of streets, lots and parcels; the placement, height and bulk of buildings; and the placement and growth of vegetation within the County to insure access to solar energy by reasonably regulating interests in property within the County, as authorized under ORS 215.044, 105.880 through 105.890 and 92.044 to promote and maximize the conservation of energy by preserving the option to utilize solar energy and to implement the comprehensive plan policies relating to solar energy. 7. To encourage the design of new buildings, structures and developments which use solar energy and protect future options to use solar energy by protecting solar access. 8. Topermit the validation of a unit of land not lawfully established pursuant to the provisions of ORS 92.176 and the creation of a parcel by less than all owners of a unit of land pursuant to the provisions of ORS 92.177. B. No person may subdivide or partition land within the County except in accordance with ORS 92 and the provisions of DCC Title 17. C. The provisions of DCC Title 17 shall apply only to subdivisions and partitions within the County, unless otherwise noted. All references to "subdivisions" and "partitions" are made in that context unless otherwise noted. D. DCC Title 17 shall not apply to the lands lying outside the city limits of the city of Bend and within the Bend Urban Growth Boundary, as that term is defined in that certain intergovernmental agreement entered into between the city of Bend and the County dated February 18, 1998. The city of Bend Subdivision Ordinance, No. NS -1349, as adopted by the Board of County Commissioners as DCC Title 17A, and as supplemented by such other supplementing and/or amending ordinances as might from time to time be adopted shall apply to those lands instead. E. Filing Procedures and Requirements. Page 1 of 2 — EXHIBIT "A' TO ORDINANCE 2008-030 Chapter 17.04 (12-2008; 1. Any person seeking to lawfully establish a unit of land pursuant to the provisions of ORS 92.176 shall apply for approval of a partition as provided by 17.22.010. 2. Deschutes County shall consider and may approve an application for the creation of a parcel pursuant to ORS 92.176, notwithstanding that less than all of the owners of the existing lawfully established unit of land have applied for approval. (Ord. 2008-030 § 1, 2008; Ord. 98-041 §1, 1998; Ord. 95-065 §1, 1995; Ord. 90-003 §1, 1990, Exhibit A; Ord. 83-039 §1, 1983; Ord. 81-043 §1, Exhibit A, §1.010, 1981) 17.04.030. Interpretation. The provisions of DCC Title 17 shall be construed to effect the purposes set forth in DCC 17.04.020. These provisions are declared to be the minimum requirements fulfilling such objectives, and the County may impose additional requirements deemed necessary to promote the health, safety and general welfare, and to carry out the comprehensive plan of the County. Where conditions set forth in DCC 17.04 are less restrictive than comparative conditions imposed by any other provision of DCC Title 17, by provision of any other local ordinance, resolution or regulation, or by provision of state statute or administrative regulation, the more restrictive shall govern. (Ord. 95-065 §1, 1995; Ord. 81-043 §1, Exhibit A, §1.020, 1981) 17.04.040. Amendments. DCC Title 17 may be amended or repealed as provided by law. (Ord. 81-043 §1, Exhibit A, §1.020, 1981) 17.04.050. Corrections. DCC Title 17 may be corrected by order of the Board to cure editorial and clerical errors. (Ord. 90-003 § 1, Exhibit A, 1990; Ord. 81-043 § 1, Exhibit A, §12.080, 1981) Page 2 of 2 — EXHIBIT "A' TO ORDINANCE 2008-030 Chapter 17.04 (12-2008 **** Denotes sections of the County Code not amended. Chapter 17.08. DEFINITIONS AND INTERPRETATION OF LANGUAGE 17.08.010. Construction. 17.08.020. Definitions. 17.08.030. Definitions Generally. "Lawfully Established Unit of Land" means: 1. A lot or •arcel created •ursuant to ORS 92.010 to 92.190 or the •rovisions of this code• or 2 Another unit of land created: A. In compliance with all applicable planning, zoning and subdivision or partition ordinances and regulations; or B. By deed or land sales contract, if there were no applicable planning, zoning or subdivision or partition ordinances or regulations. 3. "Lawfull established unit of land" does not mean a unit of land created solel to establish a separate tax account. "Partition land" means to divide land to create not more than three parcels of land within a calendar year but does not include: A. A division of land resulting from a lien foreclosure, foreclosure of a recorded contract for the sale of real property or the creation of cemetery lots; B. An adjustment of a property line by the relocation of a common boundary where an additional unit of land is not created and where the existing unit of land reduced in size by the adjustment complies with any applicable zoning ordinance; or C. A sale or grant by a person to a public agency or public body for state highway, County road, city treet or other right of way purposes provided that such road or right of way complies with the applicable comprehensive • lan and ORS 215.213 2 • to r and 215.283 2 • to s However an • ro •ert divided b the sale or ant of •ro • ert for state hi ' hwa Count road cit street or other ri ht of wa purposes shall continue to be considered a single unit of land until such time as the property is further subdivided or partitioned. (Ord. 2008-030 § 2, 2008; Ord. 97-005 §1, 1997; Ord. 96-003 §10, 1996; Ord. 950065 §1, 1995; Ord. 93 012 §§2-7, 1993; Ord. 90-003 §1, Exhibit A, 1990; Ord. 88-015 §1, 1988; Ord. 86-015 §2, 1986; Ord. 83 039 §2, 1983; Ord. 81-043 §1, Exhibit A, §1.040, 1981) Page 1 of 1 — EXHIBIT "B" TO ORDINANCE 2008-030 Chapter 17.08 (12-20081 17.16.030. Informational Requirements. The following information shall be shown on the tentative plan or provided in accompanying materials. No tentative plan shall be considered complete unless all such information is provided. A. General Information Required. 1. Proposed name of the subdivision; 2. Names, addresses and phone numbers of the owners of record, authorized agents or representatives, engineer or surveyor, and any assumed business names filed or to be filed with the Corporation Commission by the applicant; 3. Date of preparation, true north, scale and gross area of the proposed subdivision; 4. Appropriate identification of the drawing as a tentative plan for a subdivision; 5. Location and tract designation sufficient to define its location and boundaries, and a legal description of the tract boundaries in relation to existing plats and streets; 6. Title report or subdivision guarantee. B. Information Concerning Existing Conditions. 1. Location, names and widths of existing improved and unimproved streets and roads in relation to existing right-of-way, bikeways and access corridors in the proposed subdivision and within 200 feet of the proposed subdivision; 2. Location of any existing features, such as section lines, section corners, special district boundary lines and survey monuments; 3. Location of existing structures, irrigation canals and ditches, pipelines, waterways, railroads and any natural features, such as rock outcroppings, marshes, wooded areas and natural hazards; 4. Location and direction of watercourses, and the location of areas subject to flooding and high water tables; 5. Location, width and use or purpose of any existing easement or right of way for utilities, bikeways and access corridors within and adjacent to the proposed subdivision; 6. Existing sewer lines, water mains, culverts and other underground and overhead utilities within and adjacent to the proposed subdivision, together with pipe sizes, grades and locations; 7. Contour lines related to some established benchmark or other engineering acceptable datum anc. having minimum intervals of two feet for slopes of less than five percent, 10 feet for slopes of five to 20 percent, and 20 feet for slopes greater than 20 percent; 8. Zoning classification of lands within and adjacent to the proposed subdivision; 9. A map showing the location of any site zoned SM, Surface Mining, under DCC Title 18, within one-half mile of the proposed subdivision or partition boundary; 10. The structures, trees, rock outcroppings or other shade producing objects, if the object will cast shade from or onto the subdivision. C. Information Concerning Proposed Subdivision. 1. Location, names, width, typical improvements, cross-sections, bridges, culverts, approximat. grades, curve radii and centerline lengths of all proposed streets, and the relationship to all existin1 and proposed streets; 2. Location, width and purpose of all proposed easements or rights of way for roads, utilities., bikeways and access corridors, and relationship to all existing easements and rights of way; 3. Location of at least one temporary benchmark within the subdivision boundary; 4. Location, approximate area and dimensions of each lot, and proposed lot numbers; 5. Location, approximate area and dimensions of any lot or area proposed for public use, the u: e proposed, and plans for improvements or development thereof; 6. Proposed use, location, approximate area and dimensions of any lot intended for nonresidential use ; 7. Phase boundaries outlined in bold lines, if phasing is contemplated for the subdivision; Page 1 of 2 — EXHIBIT "C" TO ORDINANCE 2008-030 Chapter 17.16 (12-200 8. Source, method and preliminary plans for domestic and other water supplies, sewage disposal, solid waste disposal and all utilities; 9. Description and location of any proposed community facility; 10. Storm water and other drainage facility plans; 11. Statement from each utility company proposed to serve the subdivision, stating that each such company is able and willing to serve the subdivision as set forth in the tentative plan; 12. Proposed fire protection system for the subdivision; 13. Solar access: a. Provide a statement relative to the solar access to be provided by the subdivision plan. b. Determine the location and type of street trees, if proposed. 14. Location and design of all proposed bicycle and pedestrian facilities; 15. Location and design of all proposed facilities providing for public transit. 16. Appropriate Traffic Impact Study as specified in 17.16.115. D. Information for lots located in Surface Mining Impact Area (SMIA) zones. For each lot located wholly or partially within a SMIA zone, an applicant shall submit a site plan, accompanied by appropriate site plan fees, indicating the location of proposed noise or dust sensitive uses (as defined in DCC Title 18), the location and dimensions of any mitigating berms or vegetation and data addressing the standards of DCC 18.56, as amended, with respect to proposed noise or dust sensitive uses. (Ord. 2008-030 § 3, 2008; Ord. 2006-007 §2, 2006; Ord. 2006-004 §1, 2006; Ord. 93-012 §15, 1993; Ord. 90-003 §1, Exhibit A, 1990; Ord. 83-039 §§3-5, 1983; Ord. 81-043 §1, Exhibit A, §3.025, 1981) Page 2 of 2 — EXHIBIT "C" TO ORDINANCE 2008-030 Chapter 17.16 (12-2008) 17.22.010. Filing Procedures and Requirements. A. Any person, or his authorized agent or representative, proposing a land partition, shall prepare and submit a minimum of 10 copies of the tentative plan and one (1) reduced scale copy 8 1/2" x 11" or 11" x 17", hereinafter described, unless more copies are required by the Planning Director, in accordance with the prescribed procedures, and the appropriate filing fee, to the Planning Division. B. The tentative plan shall include the following: 1. A vicinity map locating the proposed partition in relation to parcels zoned SM, Surface Mining, under DCC Title 18, which are within one-half mile of the subject partition, and to adjacent subdivisions, roadways and adjoining land use and ownership patterns. The map must include names of all existing roadways shown therein; 2. A plan of the proposed partitioning showing tract boundaries and dimensions, the area of each tract or parcel, locations of all easements, and the names, rights of way, widths and improvement standards of existing roads in relation to the existing right-of-way. The tentative plan shall also show the location of all existing buildings, canals, ditches, septic tanks and drainfields; it shall also show the location of any topographical feature which could impact the partition, such as canyons, bluffs, rock outcroppings, natural springs and floodplains. In addition, the tentative plan shall show the location width, curve radius and grade of proposed rights of way; 3. If the partition is to be accessed by a U.S. Forest Service or Bureau of Land Management road, the applicant shall submit a written agreement with the appropriate land management agency providing for permanent legal access to the road and any required maintenance; 4. Names and addresses of the landowner, the applicant (if different), a mortgagee if applicable and the engineer or surveyor employed or to be employed to make the necessary surveys; 5. A statement regarding contemplated water supply, telephone and electric service, sewage disposal, fire protection and access, etc. If domestic water is to be provided by an on-site well, the application must include at least two well logs for wells in the area; 6. True north, scale and date of map and property identification by tax lot, section, township and range; 7. Statement regarding present and intended use of the parcels to be created, or the use for which the parcels are to be offered; 8. If a tract of land has water rights, the application shall be accompanied by a water rights division plan which can be reviewed by the irrigation district or other water district holding the water rights, or when there is no such district, the County Watermaster; 9. Title report or subdivision guarantee. C. Information for parcels located within a Surface Mining Impact Area (SMIA) zones. For each parcel wholly or partially within a SMIA zone under DCC Title 18, an applicant shall submit a site plan, accompanied by appropriate site plan fees, indicating the location of proposed noise or dust sensitive uses (as defined in DCC Title 18), the location and dimensions of any mitigating berms or vegetation and data addressing the standards of DCC 18.56, with respect to allowed noise or dust sensitive uses. D. An application for approval to validate a unit of land that was created by a sale that did not comply with the applicable criteria for creation of a unit of land may be approved as provided in this ordinance if the unit of land: 1. Is not a lawfully established unit of land; and, 2. Could have complied with the applicable criteria for the creation of a lawfully established unit of land in effect when the unit of land was sold. 3. Notwithstanding subparagraph (2) of this section, an application to validate a unit of land may also be approved if the county has previously approved apermit, as defined in ORS 215.402, for the construction or placement of a dwelling or other building on the unit of land after the sale. If the permit was approved for a dwelling, it must be determined that the dwelling qualifies for replacement under the criteria set forth in ORS 215.755 (1) (A) to (E). Page 1 of 2 — EXHIBIT "D" TO ORDINANCE 2008-030 Chapter 17.22 (12-2008) 4. If there is an existing dwelling or other building on a unit of land that was not lawfully established an a. lication for a • ermit as defined in ORS 215.402 or a • ermit under the applicable building code, may be approved if: (a) The dwelling or other building was lawfully established prior to Januar 1, 2007, and (b) The permit does not change or intensify the use of the dwelling or other building. E. Notwithstanding subsection (D)(2) of this section, an ap • lication to validate a unit of land ma be approved if the county has previously approved a permit, as defined in ORS 215.402, for the construction or placement of a dwelling or other building on the unit of land after the sale. 1. If the •ermit was a roved for a dwelling it must be determined that the dwellin• • ualifies for • replacement under the criteria set forth in ORS 215.755(1)(a) to (e). 2. An application for a permit, as defined in ORS 215.402, or a permit under the applicable state or local building code for the continued use of a dwelling or other building on a unit of land that was not lawfully established permit under the applicable building code, may be approved if: a. The dwelling or other building was lawfully established prior to January 1, 2007, and b. The permit does not change or intensify the use of the dwelling or other building. E. The application to validate a unit of land under these sections is an application for a permit as defined in ORS 215.402. F. The application to validate a unit of land is not subject to the minimum lot or parcel sizes established by ORS 215.780 and Chapter 18.16 of the Deschutes County Code. G. A unit of land becomes a lawfully established unit of land only upon recordation of a final plat in accordance with Chapter 17.24 of this code. 1. The final .artition •lat shall be recorded within 90 da s of tentative .lan a royal. • • 2. If the final lat is not recorded within 90 da s the a II licant must recommence the •rocess in order to validate a unit of land that was not a lawfully established unit of land H. An application to validate a unit of land that was unlawfully created on or after January 1, 2007 shall not be approved. I. Following validation of the unit of land, any development or improvement of the lawfully established unit of land shall comply with applicable laws in effect when a complete application for development is submitted. (Ord. 2008-030 § 4, 2008; Ord. 2006-007 §3, 2005; Ord. 93-012 §21, 1993; Ord. 90-003 §1, Exhibit A, 1990; Ord. 81-043 §1, Exhibit A, §5.015, 1981) Page 2 of 2 — EXHIBIT "D" TO ORDINANCE 2008-030 Chapter 17.22 (12-2008) DECISION OF THE DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS FILE NUMBERS: TA -08-7 APPLICANTS/ PROPERTY OWNERS: Paul David Yager PO Box 2793 LaPine OR 97739 APPLICANTS ATTORNEY: Paul Speck 1123 NW Bond Street Bend OR 97701 REQUEST: The applicant requests a Text Amendment to the Deschutes County Code, Title 17, to Incorporate the 2007 Edition Text of ORS 92.176 and ORS 92.177 I. APPLICABLE STANDARDS AND CRITERIA: 1. Title 17 Subdivisions of the Deschutes County Code Chapter 17.04 Chapter 17.08 Chapter 17.16 Chapter 17.22 2. Title 22 Deschutes County Development Procedures Ordinance Chapter 22.08 Chapter 22.12 3. ORS92 II. FINDINGS OF FACT: H istory: The 74th Oregon Legislative Assembly — 2007 Regular Session adopted HB2723 and amended ORS 92 effective January 1, 2008. The Legislature's findings determined that cities and counties review land use applications to divide property either as a partition or a subdivision for compliance with local regulations governing minimum lots size, public facilities service and compliance with other policies or regulations. The Legislature found, typically, that the question of whether a property is lawfully created is also considered during the jurisdiction's application review process. Normally, if a property is found to have been unlawfully created, the result is to withhold all development permits (i.e. building and septic) involving that property until the issue is resolved. Unlawful property divisions, whether by design or error, can become complicated, given the cloud on the title that may exist and potentially involve multiple current or absentee property owners, all with a common interest in the property. Further complicating the issue is that a city or county may have issued a building permit or some other type of permit for development on the property, thereby resulting in the previous expenditures of money by the property owner(s). PAGE 1 OF 6 — EXHIBIT "E" TO ORDINANCE 2008-030 (12/22/2008) ORS 92.176 and ORS 92.177 have been added to the text or ORS 92 to authorize cities or counties to approve a land use application to validate a unit of land that was not lawfully established but can meet the criteria that were in place at the time division occurred. The applicant's request for a text amendment to Title 17 is in accordance with the language in the 2007 Edition of ORS 92.176 and ORS 92.177. A request for a Text Amendment was submitted by Paul David Yager on June 17, 2008 and accepted as complete on June 25, 2008. Upon adoption of the text amendment, the applicant would proceed with an application for a partition regarding a lot sold by Paul David Yager to Trepanier Construction on or about May 31, 2006. The applicant asserts that the subject property is a "remainder lot" from a prior conveyance that occurred in 1979 and the zoning in place at that time would have allowed the lot. The Deschutes County Planning Commission held a public hearing for TA -08-7 on October 9, 2038, accepted testimony regarding the proposed text amendment, amended proposed text in Chapter 17.22.010(D)(4)(b), closed the public hearing, deliberated and voted unanimously to recommend the Board of County Commissioners adopt TA -08-7, as amended. The BOCC (Board) held a public hearing for TA -08-07 on November 24, 2008 and no parties testified in favor of or in opposition to this text amendment. The Board closed the public hearing and voted to approve TA -08-07. III. CONCLUSIONS OF LAW: TEXT AMENDMENT A. Title 17, Subdivisions 1. Chapter 17.04. GENERAL PROVISIONS FINDING: The applicant proposed text under this Chapter; however, the Board believes that a modified version of the applicant's language would be more appropriate in Section 17.04.020(A) by adding new item (8). * * * 17.04.040. Amendments. DCC Title 17 may be amended or repealed as provided by law. FINDING: This application will amend portions of Title 17 in accordance with all provisions of county and state land use Taws. 2. Chapter 17.08. DEFINITIONS AND INTERPRETATION OF LANGUAGE FINDING: The Board concurs with the applicant's proposed new text definition added to the Chapter 17.08, Definitions And Interpretation Of Language. The Board have also determined the definition of "Partition Land" is not current regarding the text in ORS 92. Also the Board found that the current subsection "C" in "Partition Land" in Chapter 17.08 contains a typographical error that should be corrected by this text amendment. PAGE 2 OF 6 — EXHIBIT "E" TO ORDINANCE 2008-030 (12/22/2008) 3. Chapter 17.16. APPROVAL OF SUBDIVISION TENTATIVE PLANS AND MASTER DEVELOPMENT PLANS 17.16.030. Informational Requirements. FINDING: The applicant did not make any recommended text changes to 17.16.030; however, The Board has determined that the inclusion of a title report or subdivision guarantee provides adequate evidence for a partition regarding ownership of property within an application. Therefore, an applicant should not need to provide a certified copy of a recorded instrument. The Board notes that this provision has been previously deleted from the application requirements for subdivision applications. 4. Chapter 17.22. APPROVAL OF TENTATIVE PLANS FOR PARTITIONS 17.22.010. Filing Procedures and Requirements. FINDING: Applications received by CDD often do not include a reduced -scale copy of a partition or subdivision; thus the Staff has to make an additional request for the applicant to provide a reduced copy or Staff time may be expended in the creation a smaller copy to mail or to have available for interested parties during the review process. The Board has determined that 17.22.010(A) be amended to include the addition of a reference to a tentative plan instead of "documents", which may include other application material and specifying one (1) reduced scale drawing to permit ease in mailing a copy of the application tentative plan to interested parties. The Board believes, however, that the proposed applicant text in (F) adds a reference "or the equivalent provision of this code" that may not be applicable because ORS 215.780 regulates only Farmland and Forestland Zones and the Deschutes County Code has created a unique Exclusive Farm zone minimum lot sizes. The Forest zones in Deschutes County duplicate state statutes. The Board believes that the proposed applicant text in (H) should be changed to (I), therefore, the Board has added new item (H) that includes the language in ORS 92.176(6). B. Title 22 - Deschutes County Development Procedures Ordinance 1. Chapter 22.08 General Provisions 22.08.005 Preapplication conference. FINDING: The applicant conferred with appropriate staff of the County prior to making the text amendment application. 2. Chapter 22.12 Legislative Procedures 22.12.010 Hearing Required. No legislative change shall be adopted without review by the Planning Commission and a public hearing before the Board PAGE 3 OF 6 — EXHIBIT "E" TO ORDINANCE 2008-030 (12/22/2008) of County Commissioners. Public hearings before the Planning Commission shall be set at the discretion of the Planning Director unless otherwise required by state law. FINDING: Public hearings were held on October 9, 2008 by the Planning Commission and November 24, 2008 by the Board regarding this text amendment proposal. 22.12.020 Notice. FINDING: Copies of the application and materials were mailed to the Department of Land Conservation and Development on June 25, 2008. The notice of a public hearing for the Text Amendment was published in The Bend Bulletin newspaper on September 28, 2008 and November 2, 2008. The Text Amendment application does not include a change in statute or administrative rule that requires Deschutes County to change the base zoning classification or adopt an amendment to an Ordinance that limits or prohibits otherwise permissible land uses previously allowed; therefore, the notification requirements of ORS 197.047 does not apply. FINDING: 22.12.030 Initiation of legislative changes. A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of Commissioners or the Planning Commission. The applicant has submitted a complete application and submitted the appropriate review fees. C. OREGON REVISED STATUTES CHAPTER 92 The Oregon Legislative Assembly adopted House Bill 2723 and amendments to Chapter 92 that became effective on January 1, 2008. ORS 92 was amended to contain the following; ORS 92.176 Validation of unit of land not lawfully established. (1) A county or city may approve an application to validate a unit of land that was created by a sale that did not comply with the applicable criteria for creation of a unit of land if the unit of land: (a) Is not a lawfully established unit of land; and (b) Could have complied with the applicable criteria for the creation of a lawfully established unit of land in effect when the unit of land was sold. (2) Notwithstanding subsection (1)(b) of this section, a county or city may approve an application to validate a unit of land under this section if the county or city approved a permit, as defined in ORS 215.402 or 227.160, respectively, for the construction or placement of a dwelling or other building on the unit of land after the sale. If the permit was approved for a dwelling, the county or city must determine that the dwelling qualifies for replacement under the PAGE 4 OF 6 — EXHIBIT "E" TO ORDINANCE 2008-030 (12/22/2008) (3) criteria set forth in ORS 215.755 (1)(a) to (e). A county or city may approve an application for a permit, as defined in ORS 215.402 or 227.160, respectively, or a permit under the applicable state or local building code for the continued use of a dwelling or other building on a unit of land that was not lawfully established if: (a) The dwelling or other building was lawfully established prior to January 1, 2007; and (b) The permit does not change or intensify the use of the dwelling or other building. (4) An application to validate a unit of land under this section is an application for a permit, as defined in ORS 215.402 or 227.160. An application to a county under this section is not subject to the minimum lot or parcel sizes established by ORS 215.780. (5) A unit of land becomes a lawfully established parcel when the county or city validates the unit of land under this section if the owner of the unit of land causes a partition plat to be recorded within 90 days after the date the county or city validates the unit of land. (6) A county or city may not approve an application to validate a unit of land under this section if the unit of land was unlawfully created on or after January 1, 2007. (7) Development or improvement of a parcel created under subsection (5) of this section must comply with the applicable laws in effect when a complete application for the development or improvement is submitted as described in ORS 215.427 (3)(a) or 227.178 (3)(a). [2007 c.866 §2] Note: 92.176 was added to and made a part of 92.010 to 92.190 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation. ORS 92.177 Creation of parcel by less than all owners of lawfully established unit of land. When a unit of land was sold before January 1, 2007, but was not a lawfully established unit of land, the governing body of the city or county or its designee shall consider and may approve an application for the creation of a parcel pursuant to ORS 92.176, notwithstanding that less than all of the owners of the existing lawfully established unit of land have applied for the approval. [1993 c.436 §2; 1995 c.595 §14; 2007 c.866 §6] Note: 92.177 was added to and made a part of 92.010 to 92.190 by legislative action but was not added to any smaller series therein. See PAGE 5 OF 6 - EXHIBIT "E" TO ORDINANCE 2008-030 (12/22/2008) Preface to Oregon Revised Statutes for further explanation. FINDING: The text amendments adopted by the Board contains sufficient language to adopt the changes in the 2007 Edition of ORS 92, as approved by the 74th Oregon Legislative Assembly. Since this is language to implement a state statute, no change to or findings of compliance with the County's comprehensive plan is necessary. Therefore, the statewide planning rules are not affected by these amendments. PAGE 6 OF 6 - EXHIBIT "E" TO ORDNANCE 2008-030 (12/22/2008)