1994-24339-Ordinance No. 94-027 Recorded 6/16/199494`24339
BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR
An Ordinance Amending Title 19 of
the Deschutes County Code, the
Bend Urban Area Zoning Ordinance,
Relating to Building Height,
Setbacks and Design Review
Standards in the Deschutes River
Corridor and Declaring an Emergency.
REVIEWED
1�w
DESCHUT OU
* 1(11 '] 7
994
ORDINANCE NO. 94-027
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WHEREAS, the Deschutes County/City of Bend River Study was
previously adopted by the County as a part of the Bend Urban Area
General Plan.
WHEREAS, the City of Bend has previously adopted an amendment to
Ordinance No. NS -1178, the City of Bend Zoning Ordinance, to set
development standards and to create a Design Review process in the
Deschutes River Corridor.
WHEREAS, Title 19, the Bend Urban Area Zoning Ordinance, of the
Deschutes County Code should be consistent with the City of Bend's
Zoning Ordinance.
WHEREAS, the Bend Urban Area Planning Commission, after review
conducted in accordance with applicable 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. AMENDMENT TO CHAPTER 19.04. Section 19.04.040,
"Definitions," of Title 19 is amended to add the following new
definition of the term "Deschutes River Corridor."
Deschutes River Corridor: All property within 100 feet of the
ordinary high water mark of the Deschutes River. The ordinary
high water mark shall be as defined in the section 19.04.040
definition of the term "yard."
Section 2. AMENDMENT TO CHAPTER 19.04. Section 19.04.040 of
Title 19 is amended by amending the existing definitions of the term
"yard," as follows: (additions are bold, deletions are [bracketed]):
"Yard" means an open space on a lot which is unobstructed from the
ground upward except as otherwise provided in this [Ordinance]
title. In determining the required yard for properties abutting
the Deschutes River, the edge of the river shall be determined by
the ordinary high water mark which shall be the mark on the
Deschutes River that will be found by examining the banks and
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0135-2248
ascertaining where the presence and action of water are so common
and usual, and so long contained in all ordinary years, as to mark
upon the soil a character distinct from that of the abutting
upland, in respect to vegetation, [as that condition existed on
April 1, 1976, or] and as it may naturally change. [after;
provided, that in any area where the ordinary high water mark
cannot be found, the ordinary high-water mark adjoining the
Deschutes River shall be the line of mean high-water or as
determined by the County Planning Commission on evidence submitted
by the applicant and other agencies.]
Section 3. AMENDMENT TO CHAPTER 19.76. A new Section 19.76.090
is added to Chapter 19.76, Site Plan Review, in Title 19, to read:
19.76.090 Deschutes River Corridor Design Review.
A. Purpose. It is the purpose of the Deschutes River Corridor
Design Review to ensure compliance with the objectives of
this title and the goals and policies relating to the
Deschutes River in the Bend Area General Plan. The purpose
shall also be to:
1. Recognize and respect the unusual natural beauty and
character of the Deschutes River.
2. Conserve and enhance the existing riparian zone along
the Deschutes River.
3. Allow the community flexibility in reviewing development
proposals within the Areas of Special Interest that are
designated on the Bend Area General Plan.
4. Maintain the scenic quality of the canyon and rimrock
areas of the Deschutes River.
5. Conserve and enhance property values.
In considering a Design Plan the Bend Urban Area Planning
Commission shall take into account the impact of the proposed
development on nearby properties, on the capacity of the
street system, on land values and development potential of
the area, and on the appearance of the street and community.
B. The following areas and uses are exempt from the Deschutes
River Design Review process:
1. Public streets and utility facilities existing as of the
date of adoption of this title. Notwithstanding
anything to the contrary in this title, a variance may
be granted to the mandatory 40 foot setback for future
public streets and utility facilities.
2. Irrigation facilities, canals and flumes existing as of
the date of adoption of this title.
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C. Design Review Procedure. All new development, structures,
additions and exterior alterations to structures, including
outside storage and off-street parking lots within the
Deschutes River Corridor, are subject to a Design Review
process.
1. Prior to filing a design review application, the
applicant shall confer with the Planning Director
concerning the requirements of formal application.
2. The design review application shall be filed on a form
provided by the Planning Division and shall be accompan-
ied by drawings and information as specified by the
Planning Division. Copies of the plan shall be submit-
ted and such additional information as is deemed neces-
sary for the Planning Director or Bend Urban Area Plan-
ning Commission to adequately review the application.
3. The Bend Urban Area Planning Commission or Planning
Director shall in accordance with this title and Title
22 approve, approve with conditions, or disapprove the
design plan. In approving the plan, the Bend Urban Area
Planning Commission or Planning Director shall find that
all provisions of this title are complied with and that
all buildings and facilities, access points, parking
loading facilities, lighting, and walls or fences are so
arranged that traffic congestion is avoided and
pedestrian and vehicular safety and welfare are
protected, and there will be minimal adverse effect on
surrounding property and the river corridor. The
decision of the Bend Urban Area Planning Commission or
Planning Director shall be final unless appealed in
accordance with applicable provisions of Title 22.
D. Minimum Standards. All development within the Deschutes
River Corridor shall meet the following minimum standards for
development:
1. Building Setbacks. For the areas described below, the
setback for all new development shall be a minimum of
100 feet from the ordinary high water mark unless the
applicant can demonstrate that a lesser setback is
warranted, due to lot size and shape, topography,
preservation of natural vegetation, view corridors, and
subject to the criteria in subsection 19.76.090(E). In
no case shall the setback be less than 40 feet from the
ordinary high water mark of the Deschutes River. The
term "new development" shall not include rebuilding an
existing structure provided that the rebuilt structure
is comparable in size, profile, use and location to the
structure that previously existed.
a. The east and west banks from the southern boundary
of the City of Bend to the southern boundary of
the Bend Urban Area;
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0135-2250
b. The east and west banks from the northern boundary
of the City of Bend to the northern boundary of
the Bend Urban Area.
2. Building Heights. Maximum structure height shall be
limited to 30 feet at the minimum setback line. The
Bend Urban Area Planning Commission may allow increases
in building heights up to the allowed height in the
underlying zone the farther the building sets back from
the river. The Bend Urban Area Planning Commission may
limit building height the closer to the river a building
is allowed. The building height shall be measured from
the lowest natural grade facing the river to the highest
measurable point on or projecting from the roof of the
structure.
B. Site and Design Review Criteria. In addition to the minimum
standards above, the Bend Urban Area Planning Commission
shall review the development using the following design
criteria:
1. Conservation of natural features. Major rock outcrops,
stands of trees or other prominent natural features are
an important part of the visual character and duality of
the community. The Bend Urban Area Planning Commission
shall review the applicant's proposal for impacts on
these resources and may limit the amount of removal,
require additional screening, or moving or reducing in
size the development addition or structure in order to
preserve to the greatest extent possible, existing
natural features.
2. Compatibility with existing area. The Bend Urban Area
Planning Commission shall consider the relationship of
the proposed development with the existing surroundings,
in terms of building bulk, height, location, separation,
shape, parking areas, lighting, fences, landscaping,
open space, visual and physical corridors to the river
and adjacent land use. The Bend Urban Area Planning
Commission may establish increased setbacks, limitations
of building heights, and limitations on the bulk and
length of buildings, limitations on lighting,
landscaping, fences, size and shape of windows facing
the river, size and location of parking, and outdoor
storage areas in order to carry out the purpose of this
title.
3. Colors and Materials. The Bend Urban Area Planning
Commission shall consider colors and materials. The
Bend Urban Area Planning Commission may require new
structures and additions to existing structures to be
finished in muted earth tones that blend with and reduce
contrast with the surrounding vegetation and landscape
of the building site or colors that are compatible with
adjacent buildings.
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0135-2251
4. No large areas, including roofs, shall be finished with
bright or reflective materials. Metal roofing material
is permitted if it is nonreflective and of a color which
blends with the surrounding vegetation and landscape.
Section 4. AMENDMENT TO CHAPTER 19.92. Section 19.92.090, "River
Setback," is hereby deleted.
Section 5. EMERGENCY AND EFFECTIVE DATE. 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 15th day of June, 1994.
BO D OF COUNTY COMMISSIONERS
OF�ESCHUTE,-�\ COUNTY,jOREGON
NANCY `P PE) SCHWGEN, Chair
/ A
A7T: TOM THROO , Commissioner
1602�1;q
Recording Secrdtary BARRY HX SLAUGHTER4, Commissioner
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