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Home My WebLink About92-061REVIEWED �w 92-41787 I LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON 0119-1799 An Ordinance Amending PL -20, the Deschutes * County Year 2000 Plan to Codify the Plan Map and to Conform the Map to the Zoning Maps and *' Declaring an Emergency. ORDINANCE NO.. 92•-061 r,r sv ry.. -r1 WHEREAS, Deschutes County's adopted comprehensive pl'_a';:mdP and zoning maps were contemporaneously acknowledged as comet ng. with Oregon's statewide land use planning goals; and -, WHEREAS, certain zoning designations contained on the County's acknowledged zoning maps are not reflected on the County's :acknowledged comprehensive plan map; and WHEREAS, certain plan and zone changes have be made through successive quasi-judicial and legislative proceedings that have not been codified on the County's comprehensive plan map; and WHEREAS, it is desirable that the County's Plan map reflect the actual base zoning approved as part of the plan and reflect updates made since the Plan map was originally approved; and WHEREAS, a public hearing has been held in furtherance of this objective in conformance with state law before the Deschutes County Planning Commission and the Board of County Commissioners for Deschutes County; and WHEREAS, the Board of County Commissioners has considered the recommendations of the Planning Commission and the public; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ORDAINS AS FOLLOWS: Section 1. ADOPTION OF CODIFIED MAP. An amended, codified Comprehensive Plan base map, labelled "Deschutes County Comprehensive Plan Map, November 1992," and signed by the Board of County Commissioners on this date, is adopted to incorporate certain base zoning map designations as set forth in the findings in Exhibit "A" and to include certain legislative and quasi-judicial updates made to the comprehensive plan map. Where the amended, codified map conflicts with the 1979 map, the 1992 map shall govern. Section 2. FINDINGS. The Board of County Commissioners adopts as its findings and conclusions in support of this amendment the findings attached as Exhibit "A" by this reference incorporated herein. Section 3. SEVERABILITY. The provisions of this ordinance are PAGE 1 - ORDINANCE NO. 92-061 (11/25/92) 0119-1767 severable. If any section, sentence, clause, phrase, area, overlay or other separable, separate or distinguishable part of this ordinance or any exhibit thereto is adjudged to be invalid by a reviewing body of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this ordinance or any exhibit thereto. Section 4. REPEAL OF ORDINANCES AS AFFECTING EXISTING LIABILITIES. The repeal, express or implied, of any ordinance, ordinance provision or code section or by this ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or liability incurred under such ordinance, unless a provision of this ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such duty, condition, penalty, forfeiture, or liability, and for the purpose of authorizing the prosecution, conviction and punishment of the person or persons who violated the repealed ordinance. Section 5. 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 25th day of November, 1992. BOARD OF�OUNTY COMMISSIONERS OF DESCJi TES COUNTY, OREGON ss PAGE 2 - ORDINANCE NO. 92-061 (11/25/92) 0119-1768 ATTACHMENT "A" FINDINGS IN SUPPORT OF AMENDED COMPREHENSIVE PLAN MAP 1. The purpose of the amended Deschutes County Comprehensive Plan Map is to make the map a more accurate and consistent reflection of the base zone designations set forth on the County's zoning maps, acknowledged contemporaneously with the comprehensive plan map and to codify amendments to the comprehensive plan, both legislative and quasi-judicial since the map was adopted in 1979. 2. The basis of the map is the map adopted by the Board of County Commissioners in November 1979, as may have been modified and updated in 1980 pursuant to the acknowledgment process, with specific modifications as set forth in these findings. 3. The Comprehensive Plan Map designates all EFU zoned land as Agriculture. The Comprehensive Plan Map designates all land zoned as Forest (F1 or F2) as Forest. Where there are discrepancies between farm and forest zoning along the farm/forest boundary, the Comprehensive Plan map shall be conformed to be consistent with the zoning map, acknowledged contemporaneously with the Plan Map. 4. To make the Comprehensive Plan Map consistent with the implementing zoning map, the Plan Map has been amended to include Open Space and Conservation as a comprehensive plan designation. Pursuant to the Comprehensive Plan, the zoning maps identified areas zoned for Open Space and Conservation. Concurrently, the 1979 Comprehensive Plan map designated park land with a "P" symbol. These letter symbols have been replaced with the boundaries corresponding with the Open Space and Conservation Zone. 5. To make the Comprehensive Plan Map consistent with the implementing zoning map, the Plan Map has been amended to include Airport Development as a comprehensive plan designation. The map adopted in 1979 designated airports with an "A" symbol. These symbols have been replaced with boundaries corresponding with the Airport Development Zone where there is such zoning. 6. The boundaries on the Plan Map concerning the Rural Service Center zones were somewhat vague due to the scale of the map and the size of the zones. The 1979 zoning map includes several rural service center zoning designations, as follows: Rural Service Center, Rural Service Residential -5, Rural Service -M, and Rural Industrial, where adjacent to a Rural Service Center designated in the Comprehensive Plan. The rural service center designation boundaries have been refined to reflect the more detailed zoning maps. PAGE 3 - ORDINANCE NO. 92-061 (11/25/92) 0119-1'769 7. The amended map includes land that was acknowledged as Rural Residential zoned land but that was not included on the comprehensive plan maps as rural residential. The Board of County Commissioners adopted Ordinance 92-060 to correct this omission. The 1979 Comprehensive Plan Map designated Black Butte Ranch as Destination Resort. This designation has been removed and pursuant to Ordinance 92-060 Black Butte Ranch has been designated as Rural Residential Exception Area, which corresponds to the Rural Residential zone designation that has been in effect since acknowledgement of the county zoning in 1979. 8. The map further includes a designation as Rural Residential Exception Area all those changes from EFU to MUA-10 made pursuant to Section 10.040 of PL -15. The revised comprehensive plan map designates all land that is zoned as Rural Residential or Multiple Use Agriculture as Rural Residential Exception Area on the comprehensive plan map. 9. The Comprehensive Plan Map has been amended to include the designation of Surface Mine as a comprehensive plan designation. The areas included on the Comprehensive Plan were identified in accordance with OAR 660-16 as Goal 5 resources and pursuant to the Goal 5 ESEE process prescribed in the Goal 5 administrative rule zoned for surface mining. (See Ordinances 90-025 (inventory) and 90-029 (ESEE determinations.) The boundaries of the surface mining designation on the comprehensive plan map coincide with the boundaries of the surface mine zoning as adopted by the maps incorporated in Ordinance 90-029. 10. The Comprehensive Plan Map has been amended to reflect those quasi-judicial Plan Amendments made to the Plan pursuant to the application of individual land owners since the time the Map was adopted. 11. Comprehensive Plan designations correspond with free-standing base zone boundaries, except as noted in Finding 12. Overlay zones, such as landscape management, wildlife combining, and destination resort, are not shown. The landscape management comprehensive plan designation shown on the 1979 map has been removed from the map. The Landscape Management designation has been replaced with the comprehensive plan designation that corresponds to the underlying zoning. 12. The Floodplain zone is a base zone, but has not been shown on the map due to the fact that pursuant to the zoning ordinance, the zone boundaries are drawn to correspond to Federal Emergency Management Agency maps, which are subject to local refinement. With the exception of the La Pine EFU subzone, the comprehensive plan designation for areas zoned "Floodplain" shall be the same as the comprehensive plan designations for the zone adjacent to the floodplain. In such instances, the adjacent comprehensive PAGE 4 - ORDINANCE NO. 92-061 (11/25/92) 0119--1770 plan designation is deemed to run to the nearby river or stream, and the river or stream shall be the boundary between the mapped plan designations. PAGE 5 - ORDINANCE NO. 92-061 (11/25/92)