1993-16770-Ordinance No. 93-018 Recorded 5/20/199393-16770
BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES
An Ordinance Amending Title 19 of
the Deschutes County Code, the
Bend Urban Growth Boundary Zoning
Ordinance, Adding Standards to
Implement the Deschutes County
Bicycle Master Plan and Aspects of*
the State Transportation Planning *
Rule, and Declaring an Emergency. *
NO. 93-018
fFE- Sl' -_.J
i
0126-1048
WHEREAS, the Deschutes County Bicycle Master Plan was adopted
as a Resource Element of the Deschutes County Comprehensive Plan on
December 5, 1990 (Ordinance No. 92-023).
WHEREAS, the State of Oregon has required that certain
ordinances be adopted by local jurisdictions to implement Statewide
Planning Goal 12, the Transportation Planning Rule, in particular
OAR 660 -12 -045(3)(a -d).
WHEREAS, the Bend Urban Area Planning Commission, after review
conducted in accordance with applicalbe law, has recommended
approval of the proposed Text Amendments to Title 19.
WHEREAS, after notice was given and hearing conducted in
accordance with applicable law, the Board of County Commissioners
has considered the Planning Commission's recommendation; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Chapter 19.04.040 of Title 19 is amended to include
the following definitions:
Access Corridor. A separate travel way for pedestrians and
bicyclists to minimize travel distances within and between
subdivisions, planned unit developments, residential areas and
commercial centers, major employment areas, transit stops, or within
and between nearbv neighborhood activity centers such as schools,
arks, and convenience shoppin
Bikeway. Any road, path or way open to bicycle travel regardless of
whether such facilities are designated for the preferential use of
bicycles or are to be shared with other transportation modes.
Bicycle Facility. Any public or private improvements to accommodate
and encourage bicycling, including bikeways and bike parking racks,
spaces, and structures.
Pedestrian Facility. Any public or private improvement that
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on-site walkways, crosswalks, access corridors and may include other
improvements such as lighting benches and fences which make it safe
or convenient to walk.
Shopving Center. A retail store or combination of stores usually
including a grocery store which provides goods for sale to the
general public and with a combined leasable area in excess of 30,000
square feet.
Transit Route. An existing or planned route for public intra -city
or intraurban transit service in the local or regional
transportation plan Does not include temvorary routes or routes
which are planned to be replaced.
Transit Facility. Public or private improvements at selected Mints
along transit routes for Rassenger pickup drop off and waiting.
Imvrovements may include pullouts shelters waiting areas, benches.
information and directional signs or structures and lighting.
Section 2. Section 19.40.070 of Title 19 is amended as
follows:
19.40.070 Other Required Conditions.
A. All uses shall be conducted wholly within an enclosed building,
except for off-street parking and loading facilities.
B. Items produced or wares and merchandise handled shall be
limited to those sold at retail on the premises.
C. In a CN zone, directly across the street from any RS, RM or RH
zone, the parking and loading area shall be set back at least 10
feet from the street right of way and said areas shall be
appropriately landscaped along the residential street frontage to
protect the character of adjoining and adjacent residential
property. Such landscaping shall be maintained.
D. See Chapter 19.88 applying to Special Uses where applicable.
E. Solar setbacks shall be as prescribed in Section 19.88.210.
F. The front of new buildings shall be sited at the front yard
setback line with a pedestrian walkway between the sidewalk and an
entrance to the building. The building and any eaves, overhangs or
awnings shall not interfere with the required clear vision area at
corners or driveways.
G Motor vehicle parking shall be located at the side or behind
the building.
Section 3. Section 19.48.070 of Title 19 is amended as
follows:
19.48.070 Other Required Conditions.
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A. All uses shall be conducted wholly within an enclosed building,
except for off-street parking and loading facilities, automobile
service stations and drive -up windows.
B. Items produced or wares and merchandise handled shall be
limited to those sold at retail on the premises.
C. In any CC zone directly across the street from any R zone, the
parking and loading shall be set back at least 10 feet from the
street right of way and said area shall be appropriately landscaped
along the residential street frontage to protect the character of
the adjoining residential property. Such landscaping shall be
maintained.
D. See Chapter 19.88, Provisions Applying to Special Uses, where
applicable.
E. New buildincts shall be sited at the front yard setback line for
lots with one frontacte and at both yard setback lines for corner
lots. For lots with more than two front yards. the building(s)
shall be oriented to the two busiest streets. The building and any
eaves overhangs. or awnings shall not interfere with the required
clear vision area at corners or driveways.
F. Motor vehicle parking shall be located at the side or behind
the buildinct.
G. At least one pedestrian walkway of concrete, paving block, or
similar hard surface material shall be provided between the sidewalk
and an entrance to the building.
Section 4. Section 19.76.050 of Title 19 is amended as
follows:
19.76.050 Other Conditions.
The Planning Director or Hearings Body may require the following in
addition to the minimum standards of this Ordinance as a condition
for site plan approval.
A. An increase in the required yards.
B. Additional off-street parking.
C. Screening of the proposed use by a fence or landscaping or
combination thereof.
D. Limitations on the size, location and number of lights.
E. Limitations on the number and location of curb cuts.
F. Dedication of land for the creation or enlargement of streets
where the existing street system will be impacted by or inadequate
to handle the additional burden caused by the proposed use.
G. Dedication of land or an easement for the creation or extension
of Access Corridors for pedestrian and bicycle travel.
[G]
H. Improvement, including, but not limited to, paving, curbing,
installation of traffice signals, [and] constructing sidewalks,
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striping bike lanes, or other improvements to the street system
which serves the proposed use where the existing street system will
be burdened by the proposed use.
[H]
I. Improvement or enlargement of utilities serving the proposed
use where the existing utilities system will be burdened by the
proposed use. Improvements may include, but shall not be limited
to, extension of utility facilities to serve the proposed use and
installation of fire hydrants.
[I]
J. Landscaping of the site.
[J]
K. Transit Facility or an easement for bus pullout if on a mass
transit route.
L. Location or orientation of buildings and entrances closer to
street to serve pedestrians, bicyclists and/or mass transit use.
M. Any other limitations or conditions which it considers
necessary to achieve the purposes of this Ordinance.
Section 5. Section 19.76.080 of Title 19 is amended to add the
following:
E. Bicycle Parking. The development shall provide the number and
type of bicycle parking facility as required in Sections 19.80.080
and 19.80.090 of this Ordinance. The location and design of bicycle
parking facilities shall be shown on the site plan.
F. Internal Pedestrian Circulation. Internal pedestrian
circulation shall be provided in new office parks and commercial
developments through the clustering of buildings, construction of
hardsurface pedestrian walkway, and similar techniques.
Walkways shall connect building entrances to one another and
from building entrances to public street and existing or planned
transit stops. On-site walkways shall connect with walkways,
sidewalks, bikeways, and other pedestrian or bicycle connection on
adiacent DroDerties Manned or used for commercial, multi -family,
institutional or park use.
G Public Transit Orientation. New retail office and
institutional buildings on parcels within 600 feet of existing or
planned transit routes shall provide preferential access to transit
through the following measures:
1. Orienting building entrances to a transit facility; or
2. Locating buildings as close as possible to the transit
route street.
Section 6. Section 19.80.050 is amended as follows:
19.80.050 General Provisions - Off -Street Parking.
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A. More Than One Use on One or More Parcels. In the event several
uses occupy a single structure or parcel of land, the total
requirement for off-street parking shall be the sum of the
requirements of the several uses computed separately.
B. Joint Use of Facilities. The off-street parking requirements
of two or more uses, structures or parcels of land may be satisfied
by the same parking or loading space used jointly to the extent that
it can be shown by the owners or operators of the uses, structures
or parcels that their operations and parking needs do not overlap in
point of time. If the uses, structures or parcels are under
separate ownership, the right to joint use of the parking space must
be evidenced by a deed, lease, contract or other appropriate written
document to establish the joint use.
C. Location of Parking Facilities. Off-street parking spaces for
dwellings shall be located on the same lot with the dwellings. All
other off-street parking shall be located on the lot with the use
or, if not located on the same lot, shall be first approved as a
conditional use. The applicant must prove that the parking located
on another parcel is functionally located and that there is safe
vehicular and pedestrian access to and from the use. The burden of
proving the existence of such off -premises parking arrangements
rests upon the person who has the responsibility of providing
parking.
D. Use of Parking Facilities. Required parking space shall be
available for the parking of operable passenger automobiles of
residents, customers, patrons and employees only, and shall not be
used for the storage of vehicles or materials or for the parking of
trucks used in conducting the business or used in conducting the
business or use.
E. Parking, Front Yard. Unless otherwise provided, required
parking and loading spaces for multi -family dwellings, commercial
and industrial use shall not be located in a required front yard,
but such space may be located within a required side or rear yard.
F Handicapped Parking. The number, location and design of
handicapped parking spaces shall be as required by the building
code Buildings and uses in existence on April 30, 1993 that are
retroactively required to provide handicapped parking facilities may
place the handicapped spaces in the front yard setback area if it is
not possible to locate the parking elsewhere on the site.
G Shopping Center Parking The motor vehicle parking areas shall
be located and designed to facilitate safe and convenient pedestrian
and bicycle movement to and from public sidewalks, streets. or
transit stops Ways to achieve this standard may include, but are
not limited to•
1 Location and orientation of buildings closer to the street
to minimize pedestrian and bicycle travel through a
parking area;
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2. Providing one or more raised walkways through the parking
areas;
3. Providing one or more walkways protected by landscaping
and parking bumpers with areas across vehicle aisles
delineated by non -asphaltic material in a different color
or texture than the parking areas;
4. Connecting on-site pedestrian walkways and bikeways to
other existing pedestrian and bicycle circulation systems
that serve adjacent commercial uses or residential areas.
H. Maximum parking. The maximum number of parking spaces for a
shopping center shall not exceed 150 percent of the required
parking.
I. Reduction In Required Parking. The total number of required
motor vehicle parking spaces for an industrial, commercial, and
office use may be reduced by 5 percent for each of the activities
listed below provided by the owners or operators, up to a maximum 10
percent reduction in the total number of motor vehicle spaces.
1. Participation in an area wide carpool/vanpool ride
matching program for employees;
2. Designating at least 10 percent of the employee motor
vehicle parking spaces as carpool/vanpool parking and
placing such spaces closer to the building than other
employee parking;
3 Providing showers and lockers for employees who commute by
bicycle;
4. Providing twice as many covered, secured bicycle parking
racks or facilities as required by this ordinance;
5. Providing a transit facility that is approved by the local
transit authority and related amenities. Related
amenities include, but are not limited to, a public plaza,
pedestrian sitting areas, and additional landscaping.
Section 7. Section 19.80.060 of Title 19 is amended as
follows:
19.80.060 Development and Maintenance Standards for Off -Street
Parking Areas.
Every parcel of land hereafter used as a public or private area,
including commercial parking lots, shall be developed as follows:
A. An off-street parking area for more than five vehicles shall be
effectively screened by a site -obscuring fence, hedge or planting on
each side which adjoins a residential use or property situated in a
residential zone or the premises of any school or like institution.
B. Any lighting used to illuminate the off-street parking areas
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shall be so arranged that it will not project light rays directly
upon any adjoining property in an R zone.
C. Except for single-family and duplex dwellings, groups of more
than two parking spaces shall be so located and served by a driveway
that their use will require no backing movements or other
maneuvering within a street or right of way other than an alley.
D. Areas used for standing and maneuvering of vehicles shall be
paved surfaces maintained adequately for all-weather use and so
drained as to contain any flow of water on the site.
E. Except for parking to serve residential uses, parking and
loading areas adjacent to or within residential zones or adjacent to
residential uses shall be designed to minimize disturbance of
residents.
F. Access aisles shall be of sufficient width for all vehicular
turning and maneuvering.
G. Service drives to off-street parking areas shall be designed
and constructed to facilitate the flow of traffic, provide maximum
safety of traffic access and egress and maximum safety of
pedestrians and vehicular traffic on the site. The number of
service drives shall be limited to the minimum that will accommodate
and serve the traffic anticipated. Service drives shall be clearly
and permanently marked and defined throughout by the use of rails,
fences, walls or other barriers or markers. Service drives to
drive-in establishments shall be designed to avoid backing movements
or other maneuvering within a street other than an alley.
H. Service drives shall have a minimum vision clearance area
formed by the intersection of the driveway centerline, the street
right of way line and a straight line joining said lines through
points 30 feet from their intersection.
I. Parking spaces along the outer boundaries of a parking area
shall be contained by a curb or bumper rail so placed to prevent a
motor vehicle from extending over an adjacent property line,
pedestrian walkway, bikeway, or a street right of way.
Section 8. Chapter 19.80 of Title 19 is amended to add the
following section:
19.80.080 Required Bicycle Parking.
A. on-site bicycle parking shall be provided as listed below.
Fractional spaces shall be rounded to the next highest number.
Bicycle parking for multiple uses or large commercial developments
may be provided in one or more locations.
Use
Multi -family dweliLag
with 4 units or more
7 - ORDINANCE NO. 93-018
Requirement
1 covered space per unit
0126-1055
Retirement home or 2 covered spaces or 1
covered
assisted living complex space for every 10 employees
whichever is greater
Retail sales and service 1 covered space for every 10
employees plus 1 space for
every 20 motor vehicle
spaces
Street vendors, itinerant No bicycle spaces required
merchants, and similar
temporary sales operations
Restaurants, cafes and 1 covered space for every 10
taverns employees plus 1 space for
every 20 motor vehicle
spaces
Professional Office
1 covered space
for
every 10
employees
plus 1 space
for
every 20
motor
vehicle
spaces
Medical or dental office
1 space for
every 10
or clinic or hospital
employees plus
1 space
for
every 20
motor
vehicle
Stadium, arena, theater
or similar public use
Elementary School
Junior High or Middle
School
spaces
1 space for every 20 seats
1 covered space for every 10
students in grades 2 through
5
1 covered space for every 10
students
College 1 space for every 10 motor
vehicle spaces plus 1
covered space for every
dormitory unit
Public or private
recreational facility
Industrial uses without
retail trade or service
1 space for every 10
employees plus 1 space for
every 20 motor vehicle
Maces
1 space for every 20
20 employees
Industrial uses with 1 covered space for every 20
retail trade or service employees plus 1 space for
every 20 motor vehicle
spaces
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Section 9. Chapter 19.80 is amended to add the following
section:
19.80.090 Bicyle Parking Location and Design: Other Required
Conditions.
A. Each required bicycle parking space shall be on asphaltic
concrete, Portland cement, or similar hard surface material
and each space shall be at least 2 feet wide by 6 feet long
with a minimum vertical clearance of 7 feet. An access
aisle at least 5 feet wide shall be provided and maintained
beside or between each row of bicycle parking.
B. Bicycle parkin facilities shall offer securitv in the form
of either a lockable enclosure in which the bicycle can be
stored or a stationary rack upon which the bicycle can be
locked. Bicycle rack design must accommodate both U shaped
locks and cables and include but are not limited to such
shapes as an inverted "II" design or a "ribbon". Racks
shall be securely anchored to a walkway, parking lot,
building, or other approved structure.
C. Where required, covered bicycle parking may be provided
underneath an awning, eave, or other structural overhang,
inside the main building or an accessory narking structure,
or other facility as determined by the Site Plan Review
that protects the bicycle from direct exposure to the
elements.
D. Except as noted below, all required bicycle parking shall
be located on-site within 50 feet of well -used entrances
and not farther than the closest motor vehicle parking
space. Bicycle parking for multiple uses such as a
commercial center or college may be clustered in one or
more locations that are convenient for bicyclists but must
meet all requirements for bicycle parking.
E. Lighting shall be provided in a bicycle parking area so
that all facilities are thoroughly illuminated and visible
from adjacent sidewalks or motor vehicle parking lots.
Bicycle parking shall be at least as well -lit as motor
vehicle parking.
F. New commercial developments and public buildings in which
25 or more persons will be employed, shall provide changing
room(s) and shower(s) for employees who bicycle to work.
Such facilities may be incorporated into restrooms,
exercise rooms or similar facilities in the building.
Section 10. Section 19.104.080 of Title 19 is amended as
follows:
19.104.080 Standards and Requirements.
Approval of a request for a planned unit development is
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dependent upon the submission of an acceptable plan and
satisfactory assurance that it will be carried out. The
following minimum standards and requirements shall apply:
A. A dwelling use permitted in any zone may be permitted in a
planned unit development.
B. A manufactured home may be permitted in a planned unit
development. However, manufactured home parks shall not be
allowed in any commercial or industrial zone.
C. Developments which either provide for or contemplate
private streets and ways and common areas which will be or
are proposed to be maintained by the owners of units or
lots within a development must organize and maintain an
owners' association. The owners' association shall consist
of all the owners of units or lots within the development
and membership in the association must be required of all
owners; adopt and record bylaws as provided by ORS 91.555;
adopt bylaws that contain the provisions required by ORS
91.560; and have the power to create a lien upon the unit
or lot for services, labor or material lawfully chargeable
as common expenses as provided in ORS 91.580. The
association's power to create such a lien shall exist
whether or not the property is subject to the Oregon Unit
Ownership Law (ORS 91.505 - 91.675.)
D. If the property is not subject to the Unit Ownership Law,
the association shall also create, by contract, the right
to claim a lien upon any unit or lot for services, labor or
material chargeable as common expenses. This lien may be
created by covenants between the association and the
property owners and shall supplement the lien created by
(C) above and require all owners of units or lots within
the development to consent to and pay the reasonable value
of services, labor or material expended by the County for
common expenses where such County expenditures are made
because the owners or the owners' association does not
provide the necessary services, labor or material for
common expenses.
E. Streets and roads in planned unit development designated
developments shall be public roads and ways developed to
County standards or be private roads of a minimum 14 feet
wide paved surface for one-way traffic; minimum 20 feet
wide paved surface for two-way traffic; parallel parking as
permitted shall require minimum additional 8 feet of width
for each side of parking. If pedestrian walkways or
bikeways are included in the road. an additional 5 feet of
pavement width on each side of the roadway shall be
provided and striped to separate such use from motor
vehicle traffic and parking. In addition to these
requirements, the Planning Director or Hearings Body may
specify other requirements including, but not limited to,
increased or decreased pavement width.
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F. Pedestrian walkways and bikeways shall be provided for
adequate internal pedestrian and bicycle traffic, and shall
connect to any adjacent existing or planned sidewalks,
bikeways. access corridors, or public trails. Off-street
pedestrian walkways and bikeways shall be at least 10 feet
in width to accommodate two-way traffice and shall be
constructed with Portland cement or asphaltic concrete to
County standards, except as varied by the provisions of
this section or by the Planning Director or Hearings Body.
G. All utility facilities shall be installed underground and
in accordance with County standards.
H. The design of all planned unit development projects shall
provide direct access for all units and lots to open space
areas and facilities. Open space areas and facilities
include such things as landscaped areas, natural areas,
ciolf courses, and other recreational faclities. but do not
include streets, sidewalks, bikeways, access corridors or
trails.
I. A statement must be submitted relative to the solar access
to be provided by the planned unit development.
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DATED this l97VI day of , 1993.
BOARDOF COUNTY COMMISSIONERS
OF DES UTES COUNTY, OREGON
ATTEST:
Recording Secretary
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NANCY PO SLANGEN,-COiinilssione
BARRY . SLAUGHTER, Commissioner