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1996-27321-Ordinance No. 96-042 Recorded 7/25/199696-2'7321 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF i LEGAL COUNSEL DESCHUTES-"COIINTY, -IIREG01T An Ordinance Amending the Text of Title 19, the Bend Urban Area Zoning Ordinance, as Amended, to Add a New * =' rV' Y Public Facility Zone and Declaring an Emergency. ORDINANCE NO. 96-042 WHEREAS, the Bend Urban Area General Plan Amendment has on this date been amended to reconfigure Bend's Inner Urban Growth Boundary (IUGB) to bring the County public works facility within the IUGB and to amend the Text of the Bend Area General Plan and Zoning Ordinances to allow for such UGB expansion and the designation of the site as a Public Facility Zone; and WHEREAS, the justification for the Plan Amendment requires that the subject property be zoned with a Public Works Zone under the Urban Area Zoning Ordinance and the Zoning Ordinance currently does not have such a zoning designation; and WHEREAS, the Deschutes County Department of Public Works applied to amend the Urban Area Zoning ordinance to add such a zone to the zoning ordinance; and WHEREAS, a Hearing was held after notice given in accordance with the law before the Urban Area Planning Commission and the Urban Area Planning Commission recommended approval of the proposed text amendments to the Bend Urban Area Zoning Ordinance; and WHEREAS, the City of Bend was notified as required in the Joint Urban Area Management Agreement and concurs in these amendments; and WHEREAS, after a hearing, the Board of County Commissioners has determined that the proposed amendments are in the public interest and conform to applicable law, including the Bend Area General Plan, as amended by Ordinance 96-040 and 96-041; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ORDAIN as follows: Section 1. Adoption of amendment to Chapter 19.08 of the Bend Urban Area Zoning Ordinance. Section 19.08.010 of Chapter 19.08 of the Bend Urban Area Zoning Ordinance, as amended, is further amended to add a new zoning designation to the list of zones, as follows: "Public Facility PF." Section 2. Adoption of text amendment to Title 19, Bend Urban Area Zoning Ordinance. The text of Title 19, the Bend Urban Area Zoning Ordinance, as amended, is further amended to add a new chapter 1 - Ordinance 96-042 ( July 24, 1996 ) i'�;c�'ofI L Kr" °11k 31 1996 UL 2 996 19.70 as set forth in Exhibit "A" attached hereto and by this reference incorporated herein. Section 3. Findings. The Board of County Commissioners adopts as its findings in support of this ordinance the recitals set forth above and the findings attached as Exhibit C to Ordinance 96-040, incorporated herein by this reference. Section 4. Severability. The provisions of this ordinance are severable. If any section, sentence, clause or phrase of this ordinance or any line or area on any map is adjudged to be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this ordinance. Section 5. Codification. County Legal Counsel shall have the authority to format the provisions contained herein in a manner that will integrate them into the County Code consistent with the Deschutes County Form and Style Manual for Board Documents. Such codification shall include the authority to make such changes, to make changes in numbering systems and to make such numbering changes consistent with interrelated codes sections. In addition, as part of codification of these ordinances, County Legal Counsel may insert appropriate legislative history references. Any legislative history references included herein are not adopted as part of the substance of this ordinance, but are included for administrative convenience and as a reference. They may be changed to correct errors and to conform to proper style without action of the Board of County Commissioners. Section 6. 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 24th day of July, 1996. AT T: Recording Secr tary RD OF COUNTY COMMISSIONERS DESCHMS COUNTY, OREGON BARRY 2 - Ordinance 96-042 (July 24, 1996) 11 L. NIPPER, r / t T"V , Commissioner s .I - EXHIBIT A -V - Page Chapter 19.70 PUBLIC FACILITIES ZONE - PF Sections: 19.70.010 Purpose 19.70.020 Permitted Uses 19.70.030 Conditional Uses 19.70.040 Height Regulations 19.70.050 Lot Requirements 19.70.060 Off -Street Parldng and Loading 19.70.070 Other Required Conditions 19.70.010 Purpose. The PF Zone is intended to provide area for buildings and facilities that are owned and operated by federal, state or local governments, public utilities, special districts, or non-profit organizations and which are occupied by such a body to provide governmental or public services 19.70.020 Permitted Uses. Except as otherwise limited by the Bend Area General Plan, the following uses are permitted in the PF Zone subject to the provisions of Chapter 19.76: A. Public buildings, structures and/or yards. B. Public park and playground, playing fields, swimming pool or similar recreation facilities intended for use by the public. C. Community building. D. Public service uses provided by a non-profit organization. E. Public utility buildings, structures, and/or yards. F. Accessory uses and buildings customarily appurtenant to a permitted use or an approved conditional use. �.."..F J '�- 'r� 19.70.030 Conditionals. i Except as otherwise limited by the Bend Area General Plan, the following uses may be permitted subject to a conditional use permit and the provisions of Chapter 19.76 and 19.100: A. Public school and associated facilities. B. Solid waste transfer or disposal site. 19.70.040 Height Regulations. No building or structure shall hereafter be erected, enlarged or structurally altered to exceed a height of 35 feet without a conditional use permit. 19.70.050 Lot Requirements. The following lot requirements shall be observed: A. Lot Area. No requirements. B. Lot Width. No requirements. C. Lot Depth. Each lot shall have a minimum depth of 100 feet. D. Front Yard. Ten feet, except when abutting a lot in an R zone, and then the front yard shall be the front yard required in the abutting R zone. E. Side Yard. None, except when abutting a lot in an R zone, and then the side yard shall be a minimum of 20 feet. The required side yard shall be increased by 1/2 foot for each foot the building height exceeds 20 feet. F. Rear Yard. None, except when abutting a lot in an R zone, and then the rear yard shall be a minimum of 20 feet. The required rear yard shall be increased by 1/2 foot for each foot by which the building height exceeds 20 feet. G. Lot Coverage. No requirements. ! r7. 4 j k H. Solar Setback. The solar setback F. All materials, including wastes, shall be as prescribed in Section shall be stored and all grounds 19.88.210. shall be maintained in a manner which will not attract or aid the 19.70.060 Off -Street Parldng and propagation of insects or rodents Loading. or create a health or fire hazard. Off -street parking and loading space shall be provided as required in Chapter 19.80. 19.70.070 Other Required Conditions. A. All service, repair, processing, or storage on property abutting or across the street from a lot in an R zone shall be conducted wholly within an enclosed building unless screened from the R Zone by a site -obscuring fence or wall. B. Openings to structures on sides abutting an R Zone shall be prohibited if such access or openings will cause glare, excessive noise or similar conditions that would have an adverse effect on property in the R Zone. C. Vehicle storage lots shall be surfaced and maintained so as to eliminate dust and drained so as to contain all run-off on site. D. Parking and loading areas and outdoor storage areas directly across the street from an R Zone shall be set back at least 10 feet from the right-of-way, and said areas shall be appropriately landscaped along the residential street frontage to protect the character of the adjoining residential property. Such landscaping shall be maintained. E. Access points from a public road to a use in the PF Zone shall be so located and as to minimize traffic congestion and to avoid directing traffic onto access streets of a primarily residential character.