HomeMy WebLinkAboutOrdnc 027 - Deschutes Jct - RamseyCommunity Development Department
Planning Division Building Safety Division Environmental Soils Division
P. O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
MEMORANDUM
TO: Deschutes Board of County Commissioners
FROM: Will Groves, Senior Planner
DATE: October 30,2014
RE: PA-14-2 and ZC-14-2, Plan Amendment from Agriculture to Rural Industrial, Zone
Change from Exclusive Farm Use ("EFU") to Rural Industrial ("RI"), and an
exception to Goal 14.
Summary
Claudia Powell, Trustee of the Frances Ramsey Trust Agreement dated May 23, 1979, proposed a
"irrevocably committed" exception to Goal 14 and a Plan Amendment to Deschutes County Code
("DCC"), Section 23.01.010, Introduction, and Deschutes County Comprehensive Plan, Section
5.10, Goal Exception Statements, and Section 5.12, Legislative History, to change the
comprehensive plan designation of approximately 2.65 acres from Agriculture to Rural Industrial.
The proposal includes a zone map change, to rezone the approximately 2.65 acres from Exclusive
Farm Use ("EFU") to Rural Industrial ("RI"). The application does not include a development
proposal.
The Hearings Officer held public hearings on June 10, 2014, July 29, 2014, and August 19, 2014
and found the application met, or could meet, all relevant criteria and approved the applicant's
proposal, in a decision dated October 16,2014.
The Hearings Officer has found the proposed exception area is irrevocably committed to non
resource uses and urban development because: (1) it does not constitute agricultural land and is
not suitable for farm or forest use; (2) it is a relatively small parcel isolated from other EFU-zoned
land; (3) it is virtually surrounded by industrial uses; and (4) it is isolated by man-made barriers
including roads, the Pilot Butte Canal, the BNSF railroad tracts, and extensive industrial
development.
No opposition to this proposal has been received by staff to date.
Under DCC 22.28.030(C), a plan amendment and zone change requiring a goal exception shall be
heard de novo before the Board without the necessity of filing an appeal, regardless of the
determination of the Hearings Officer.
Scheduling
Quality Services Perfonned with Pride
This item is scheduled for the Board's morning meeting on 12/15/14.
Should the Board approve the ordinances, staff recommends that the Board approve the first
reading by title only of each ordinance. Second reading will be no earlier than 13 days later with
the effective date 90 days after that
Thank you for your consideration of this matter.
ATTACHMENTS:
1. PA-14-2 and ZC-14-2 Hearings Officer Decision
2. Draft Ordinances 2104-027 and -028.
File No.: PA-14-2 and ZC-14-2 Page 2of2
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code, *
Title 23, and Amending Deschutes County * ORDINANCE NO. 2014-027
Comprehensive Plan, Sections 5.10 and 5.12, to *
Adopt an Exception to Goal 14 and To Change the *
Plan Designation for Certain Property From *
Agriculture to Rural Industrial *
WHEREAS, Claudia Powell, Trustee of the Frances Ramsey Trust Agreement dated May 23, 1979
proposed an "irrevocably committed" exception to Goal 14 and a Plan Amendment to Deschutes County Code
("DCC"), Section 23.01.010, Introduction, and Deschutes County Comprehensive Plan, Section 5.10, Goal
Exception Statements, and Section 5.12, Legislative History, to change the comprehensive plan designation of
certain property from Agriculture to Rural Industrial; and
WHEREAS, after notice was given in accordance with applicable law, public hearings were held on
June 10, 2014, July 29, 2014, and August 19, 2014 before the Deschutes County Hearings Officer, and on
October 16, 2014 the Hearings Officer recommended approval of the exception to Goal 14 and a Plan
Amendment; and
WHEREAS, after notice was give!! in accordance with applicable law, a de novo public hearing was
held on December 15, 2014 before the Board of County Commissioners ("Board"), and
WHEREAS, the Board, after review conducted in accordance with applicable law, approved the goal
exception to Goal 14 to change the comprehensive plan designation from Agriculture to Rural Industrial; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Section 23.01.010, Introduction, is amended to read as described in
Exhibit "A", attached and incorporated by reference herein, with new language underlined and deleted language
set forth in strik:ethrough.
Section 2. AMENDMENT. Deschutes County Comprehensive Plan Section 5.10, Goal Exception
Statements, is amended to read as described in Exhibit "B", attached and incorporated by reference herein with
new language underlined and deleted language set forth in strik:ethrough.
Section 3. AMENDMENT. Deschutes County Comprehensive Plan Section 5.12, Legislative History,
is amended to read as described in Exhibit "C", attached and incorporated by reference herein with new
language underlined and deleted language set forth in strik:ethrough.
Page 1 of2 -ORDINANCE NO. 2014-027
/II
Section 4. AMENDMENT. The Deschutes County Comprehensive Plan Map, is amended to change
the plan designation for certain property described in Exhibit "D" and depicted on the map set forth as Exhibit
, with both exhibits attached and incorporated by reference herein, from Agriculture to Rural Industrial.
Section 5. FINDINGS. The Board adopts as its findings in support of this decision, the Decision of the
Hearings Officer, Exhibit "F," attached and incorporated by reference herein.
Dated this ___of _____, 2014 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COLThITY, OREGON
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
ATTEST:
Recording Secretary ALAN UNGER, Commissioner
Date of 1sf Reading: __day of _____" 2014.
Date of 2nd Reading: dayof ____--', 2014.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Tammy Baney
Anthony DeBone
Alan Unger
Effective date: __day of _____, 2014.
Page 2 of2 -ORDINANCE NO. 2014-027
PAGE 1 OF 1 – EXHIBIT “A” TO ORDINANCE 2014-027
Chapter 23.01 COMPREHENSIVE PLAN
23.01.010. Introduction.
A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011 -003
and found on the Deschutes County Community Development Department website, is
incorporated by reference herein.
B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2011-027, are incorporated by reference herein.
C. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-005, are incorporated by reference herein.
D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-012, are incorporated by reference herein.
E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-016, are incorporated by reference herein.
F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-002, are incorporated by reference herein.
G. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-009, are incorporated by reference herein.
H. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-012, are incorporated by reference herein.
I. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-007, are incorporated by reference herein.
J. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-005, are incorporated by reference herein.
K. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-006, are incorporated by reference herein.
L. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-012, are incorporated by reference herein.
M. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-021, are incorporated by reference herein.
N. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-027, are incorporated by reference herein.
(Ord. 2014-027 §1, 2014; Ord. 2014-021 §1, 2014; Ord. 2014-12 §1, 2014; Ord. 2014-006 §2, 2014; Ord.
2014-005 §2, 2014; Ord. 2013-012 §2, 2013; Ord. 2013-009 §2, 2013; Ord. 2013-007 §1, 2013; Ord.
2013-002 §1, 2013; Ord. 2013-001 §1, 2013; Ord. 2012-016 §1, 2012; Ord. 2012-013 §1, 2012; Ord.
2012-005 §1, 2012; Ord. 2011-027 §1 through 12, 2011; Ord. 2011-017 repealed; Ord.2011-003 §3,
2011)
Click here to be directed to the Comprehensive Plan (http://www.deschutes.org/compplan)
Formatted: Justified
DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 1
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.10 GOAL EXCEPTION STATEMENTS
PAGE 1 OF 3 – EXHIBIT “B” TO ORDINANCE 2014-027
Background
The purpose of this section is to identify the lands where Deschutes County demonstrated an
exception to meeting the requirements of the Statewide Planning Goals. The intent of goal
exceptions is to allow some flexibility in rural areas under strictly defined circumstances. Goal
exceptions are defined and regulated by Statewide Planning Goal 2 and Oregon Administrative
Rule 660-004 (excerpt below).
660-004-0000(2) An exception is a decision to exclude certain land from the requirements of
one or more applicable statewide goals in accordance with the process specified in Goal 2,
Part II, Exceptions. The documentation for an exception must be set forth in a local
government’s comprehensive plan. Such documentation must support a conclusion that the
standards for an exception have been met.
Statewide Planning Goals with Deschutes County Exceptions
Goal 3 Agricultural Lands
Goal 4 Forest Lands
Goal 11 Public Facilities and Services
Goal 14 Urbanization
Three types of exceptions are permitted by Oregon Administrative Rule 660-004
Irrevocably committed
Physically developed
Reasons
The summary below identifies approved goal exceptions and identifies the adopting ordinance
for those interested in further information. The ordinances listed are incorporated by reference
into this Plan.
1979 Exceptions
Comprehensive Plan entire County – PL 20 - 1979
During the preparation of the 1979 Comprehensive Plan it was apparent that many rural lands
had already received substantial development and were committed to non-resource uses. Areas
were examined and identified where Goal 3 and 4 exceptions were taken. At this time
exceptions to Goals 11 and 14 were not required.
The total area excepted was 41,556 acres. These lands were residentially developed,
committed to development or needed for rural service centers.
Additional Exceptions
Bend Municipal Airport – Ordinances 80-203, 1980 and 80-222, 1980
The Bend Municipal Airport received an exception to Goal 3 to allow for the necessary and
expected use of airport property.
La Pine UUC Boundary – Ordinance 98-001, 1998
Exceptions to Goals 3, 11 and 14 were taken to allow lands to be included in the La Pine UUC
boundary and planned and zoned for commercial use.
Section 5.10 Goal Exception Statements
2 DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.10 GOAL EXCEPTION STATEMENTS
PAGE 2 OF 3 – EXHIBIT “B” TO ORDINANCE 2014-021
Spring River Rural Service Center – Ordinances 90-009, 1990; 90-010, 1990; 96-022, 1996; 96-045,,
1996
A reasons exception was taken to Goal 14 to allow the establishment of the Spring River Rural
Service Center on residentially designated lands.
Burgess Road and Highway 97 – Ordinance 97-060, 1997
An exception was taken to Goal 4 to allow for road improvements.
Rural Industrial Zone – Ordinances 2010-030, 2010; 2009-007, 2009
Two separate ordinances for rural industrial uses. The 2009 exception included an irrevocably
committed exception to Goal 3 and a reasons exception to Goal 14 with a Limited Use
Combining Zone for storage, crushing, processing, sale and distribution of minerals. The 2010
exception took a reasons exception to Goal 14 with a Limited Use Combing Zone for storage,
crushing, processing, sale and distribution of minerals.
Prineville Railway – Ordinance 98-017
An exception was taken to Goal 3 to accommodate the relocation of the Redmond Railway
Depot and the use of the site for an historic structure to be utilized in conjunction with the
Crooked River Dinner Train operations.
Resort Communities – Ordinance 2001-047, 2001
An exception was taken to Goal 4 for Black Butte Ranch and Inn of the 7th Mountain/Widgi
Creek during the designation of those communities as Resort Communities under OAR 660-
22.
Barclay Meadows Business Park – Ordinance 2003-11, 2003
A reasons exception was taken to Goal 3 to include certain property within the Sisters Urban
Growth Boundary.
Sisters School District # 6 – Ordinance 2003-11, 2003
A reasons exception was taken to Goal 3 to include certain property within the Sisters Urban
Growth Boundary.
Sisters Organization of Activities and Recreation and Sisters School District #6 – Ordinance 2003-017,
2003
A reasons exception was taken to Goal 4 to include certain property within the Sisters Urban
Growth Boundary.
Oregon Water Wonderland Unit 2 Sewer District – Ordinances 2010-015, 2010; 2003-015, 2003
A reasons exception was taken to Goals 4 and 11 to allow uses approved by the Board of
County Commissioners in PA-02-5 and ZC-02-3 as amended by PA-09-4.
City of Bend Urban Growth Boundary Amendment (Juniper Ridge) – Ordinance 97-060. 1997
An exception was taken to Goal 3 to allow an amendment of the Bend Urban Growth
Boundary to incorporate 513 acres for industrial uses.
Joyce Coats Revocable Trust Johnson Road and Tumalo Reservoir Road Properties – Ordinance 2005-
015, 2005
An irrevocably committed exception was taken to Goal 3 to allow a change of comprehensive
plan designation from Surface Mining to Rural Residential Exception Area and zoning from
Surface Mining to Multiple Use Agriculture for Surface Mine Sites 306 and 307.
DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011 3
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.10 GOAL EXCEPTION STATEMENTS
PAGE 3 OF 3 – EXHIBIT “B” TO ORDINANCE 2014-027
Watson/Generation Development inc – Ordinance 2005-015
An exception was taken to Goal 3 to include a portion of agricultural property.
Oregon Department of Transportation – Ordinance 2005-019, 2005
An exception was taken to Goal 3 to include a portion of agricultural property.
Conklin/Eady Property – Ordinance 2005-035, 2005
An exception was taken to Goal 3 to include a portion of agricultural property.
City of Sisters Property – Ordinance 2005-037, 2005
An exception was taken to Goal 4 to include a portion of forest property.
McKenzie Meadows Property – Ordinance 2005-039, 2005
An exception was taken to Goal 4 to include a portion of forest property.
Bend Metro Park and Recreation District Properties – Ordinance 2006-025
A reasons exception was taken to Goal 3 to include a portion of agricultural property.
Harris and Nancy Kimble Property and Portion of CLR, Inc Property A.K.A. the Klippel Pit Property –
Ordinance 2008-001, 2008
An irrevocably committed exception was taken to Goal 3 to allow reclassification and zoning
from Surface Mine to Rural Residential Exception Area and Rural Residential 10 acre for
Surface Mine Site 294.
Sunriver Service District, Sunriver Fire Department – Ordinance 2014-021, 2014
A reasons exception was taken to Goal 4 to include a portion of forest property. To ensure
that the uses in the Sunriver Utility District Zone on the approximate 4.28 acre site of Tax Lot
102 on Deschutes County Assessor’s Map 19-11-00 are limited in nature and scope to those
justifying the exception to Goal 4 for the site, the Sunriver Forest (SUF) zoning on the subject
site shall be subject to a Limited Use Combining Zone, which will limit the uses on the subject
site to a fire training facility and access road for the Sunriver Service District and Sunriver Fire
Department.
Frances Ramsey Trust Property – Ordinance 2014-027, 2014
An “irrevocably committed” exception was taken to Goal 14 to allow for reclassification and
rezoning from agricultural property to Rural Industrial for a 2.65 acre portion of a parcel zoned
EFU/RI.
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Legend
Subject Property 16-12-26-C0-00107
Comprehensive Plan
Agriculture
Open Space & Conservation
Rural Residential Exception Area
Rural Commercial
Rural Industrial
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
_____________________________
Tammy Baney, Chair
_____________________________
Tony DeBone, Vice Chair
_____________________________
Alan Unger, Commissioner
_____________________________
ATTEST: Recording Secretary
Dated this __________________, 2014
Effective Date: ________________, 2014
PROPOSED PLAN AMENDMENT
0 250 500 750125
Feet
November 3, 2014
Z
Exhibit "E"
to Ordinance 2014-027
Claudia Powell, Trustee - Frances Ramsey Trust
Plan Amendment From
AG (Agricultural)
to RI (Rural Industrial)