Loading...
1984-90192-Ordinance No. 84-026 Recorded 8/29/1984BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES An Ordinance Amending Ordin- * ance 80-201, the Redmond Urban* Area Zoning Ordinance of 19801* Implementing the Redmond Canyon Plan, Allowing New Uses in the Park Reserve Open Space (OSPR) Zone, and Allowing Lot Size variances When Densities are Trans- ferred. ORDINANCE NO. 84-026 REV 1"A21 AUG 29 F i 4: 00 ts �rJ �:`Cf s%�_�.0 W CG4U'�' i Y UL`�ti�i THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. Subsection 5 of Section 3.010, Lot Size, is amended by the addition of the following: "b. For properties subject to the density transfer provisions of the OSPR Zone, the lot sizes may vary, depending on the number of units transferred from said zone." Section 2. Subsection 5 of Section 3.020, Lot Size, is amended by the addition of the following: "f. For properties subject to the density transfer provisions of the OSPR zone, the lot sizes may vary, depending on the number of units transferred from said zone." Section 3. Subsection 5 of Section 3.030, Lot Size, is amended by the addition of the following: "f. For properties subject to the density transfer provisions of the OSPR zone, the lot sizes may vary, depending on the number of units transferred from said zone." Section 4. Subsection 5 of Section 3.045, Lot Size, is amended by the addition of the following: "g. For properties subject to the density transfer provisions of the OSPR zone, the lot sizes may vary, depending on the number of units transferred from said zone." 1 - ORDINANCE NO. 84-026 COUNSEL OREGON V01! 55 P oG 364 Section 5. Section 3.130, Park Reserve - Open Spece P -R Zone, is amen ed to read as follows: "Section 3.130. PARK RESERVE OPEN SPACE (OSPR) ZONE. In an OSPR zone, the following regulations s aa'r1 apply: 1. Purpose and applicability. The purpose and applicability of the OSPR zone is: a. To preserve and provide for open space areas of natural, scenic, historical or geological significance. b. To provide areas for recreational development and use, both passive and active, in appro- priate locations in the canyon by the public and private sectors. C. To provide for private development appropri- ate with the goals and the Redmond Canyon Plan and the transfer of develoment rights to areas suitable for higher density develop- ment. 2. Uses Permitted Outright. In the OSPR zone, the following uses and their accessory uses are per- mitted outright: a. Grazing or livestock and horses. b. Production of crops. 3. Conditional Uses Permitted. In an OSPR zone, the following uses and their accessory uses are per- mitted when authorized in accordance with the provisions of the Redmond Canyon Plan and Article VII, provided, however, Sections (e) and (f) herein shall only be allowed in or within one hundred (100) feet of an enhancement area as defined by the Redmond Canyon Plan: a. Other farm use as defined in ORS Chapter 215.203 but not including those uses listed in ORS Chapter 215.213. b. Public parks and trails or reserve areas of natural, historical or geological signifi- cance. C. Public sewage and water system facilities. 2 - ORDINANCE NO. 84-026 VOL 55 PACE 365 d. Public or private recreational facilities, including golf, swimming, tennis and country clubs. e. Public or private museums, civic theatres, botanical gardens and community centers. f. A single-family dwelling customarily provided in conjunction with a use permitted by this section. g. The transfer of single and multi -family development and neighborhood commercial uses in accordance with the density transfer provisions of this section. h. Incidental and subordinate commercial accessory uses including eating and drinking, retail trade, entertainment and service commercial. 4. Property Development Standards. In the OSPR zone, the o owing property development standards shall apply: a. Land Divisions. No partitions or subdivi- sions of property shall be allowed prior to approval of a master plan for development of the entire parcel in accordance with the provisions of Article VII and this section. b. Lot Size. Lots shall be of a sufficient size to accomodate the use without exceeding maxi- mums setbacks an providing sufficient area for required off street parking and servic- ing. C. Setbacks. i. Front yard. No structure shall be lo- cated closer than 40 feet from an arter- ial or collector street or road right- of-way and twenty-five feet from any local service street or road right-of- way. ii. Side and rear yard. No structure shall be located closer than 20 feet from any side or rear property lines. 3 - ORDINANCE NO. 84-026 ffi Uo! 55 °:s 4"E l iii. The above setbacks may be increased to a maximum of 60 feet or decreased to a minimum of 20 feet during the site and design review process. iv. Height. No structure shall exceed 25 feet in height. 5. Density Transfer Provisions. The transfer of the allowable ensity of residential and commercial uses from the OSPR zone to adjacent residential zones shall be as provided in this subsection. a. Minimum Development District Size. Develop- ment rights shall not be transferred to any parcel less than four acres of contiguous lands unless the hearings body finds that a smaller sized property is suitable for such transfer due to its unique character or by it being qualified as an isolated problem area. b. Residential Density. The number of dwelling units eligible for transfer shall be computed by dividing the gross site area within the OSPR zone by the density allowed under the zoning effective immediately prior to the establishment of the initial OSPR zoning. This allowed density would then be added to the allowable density of the underlying zone to the parcel to which the density was to be transferred. This total allowed density would then be allocated only to that portion of the total site area not within the OSPR zone and only when in compliance with this and other sections of this ordinance. C. Compatibility With Neighborhood. The development plan and program submitted by the developer as provided in this article shall present an organized arrangement of build- ings, service facilities, open spaces and improvements such as recreation facilities, landscaping and fencing to ensure compatibil- ity with the Comprehensive Plan and character of the neighborhood. In applying this section, the following shall apply: i. The hearings body may impose additional criteria reasonably necessary to protect the character and integrity -of adjoining properties. 4 - ORDINANCE NO. 84-026 a 55 �A�- 368 VOL in order to prevent or minimize erosion, pollution, or degradation of the natural attractiveness of the area. C. The hearings body may require establishment and maintenance of fire breaks, the use of fire-resistant materials in construction and landscaping, or may attach other similar conditions or limitations that will serve to reduce fire hazards or prevent the spread of fire to surrounding areas. d. An application for a conditional use in an OSPR zone shall be denied if, in the opinion of the hearings body, the proposed use would exceed the carrying capacity of the area or would be detrimental to the natural features or resources of the area. e. An application for a conditional use in an OSPR zone shall be denied if the height of any structures or buildings unduly affect the natural and scenic features of the area. DATED this 21 day of 5=4 "o'f , 1984. ATTEST: '2 6VL&� 2' s Recording Secretary 6 - ORDINANCE NO. 84-026 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ALB T A. Y NG, C airm L BR TOW PRANTE, Commissioner . TUTTLE, Comm3_ssioner