1998-01786-Ordinance No. 98-005 Recorded 1/15/19980.03-1808
REVIEWED
I.EGAL COUNSEL
90JAN 15 AM 9=;
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES CI T�U�LLO W
COUNTY CLERK
An Ordinance Amending Title 19, the
Bend Urban Area Zoning Ordinance,
of the Deschutes County Code, and
Declaring an Emergency.
ORDINANCENO.98-005
WHEREAS, several property owners have approached the Board of County Commissioners and
requested a change to the standards for connecting lots created through certain land divisions to a sewer
system in the Suburban Low Density Residential Zone -SR 2 1/2; and
WHEREAS, the Board of County Commissioners directed the County Planning Division to initiate
and complete an amendment to the text of Section 19.20.055 of the County Code, which contains these
regulations; and
WHEREAS, the County Planning Division presented the proposed amendment to the Bend Urban
Area Planning Commission and obtained their recommendation to adopt the amendment; and
WHEREAS, after notice was given and hearing conducted in accordance with applicable law, the
Board of County Commissioners has considered the proposed amendment; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESC14UTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. AMENDMENT. Section 19.20.055, Land divisions, of the Deschutes County Code is
hereby amended to read as described in Exhibit "A," attached hereto and by this reference incorporated
herein, with new language underlined and language to be deleted in stFike4hfetigh.
PAGE 1 of - ORDINANCE NO. 98-005 (1/14/98)
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Section 2. 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 day of January, 1998.
ATTEST:
0--",
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OFbESCHUTES COUNTV OREGON
NANCY I'M SCCHLANGEN, Chair
v
ROBERT L. NIPPER, Commi ioner
LINDA L. SWEARINGEN, Commissioner
PAGE 2 of 2 - ORDINANCENO.98-005 (1/14/98)
Exhibit "A"
19.20.055. Land divisions.
A. For subdivisions, residential planned unit
developments, or land partitions resulting in more
than two lots, the following standards shall apply
in addition to the requirements of Title 17 of the
Deschutes County Code:
1. Lot size.
a. The minimum lot size for single-family
residential uses shall be 2.5 acres.
b. For residential planned unit
developments, lot sizes shall be consistent with a
minimum housing density of 0.1 units per acre
and a maximum density of 0.4 units per acre.
2. Lot Layout. The location of lot lines
shall not significantly reduce feasible options for
the future locations of streets, or utility services,
or preclude development options on the subject
property or adjacent properties.
3. Street Improvements. On-site street right
of way sufficient to meet design standards
required by the Transportation Plan shall be
dedicated.
4. Sewage Disoosal.Sewer-. All new lots
a. Inside the acknowledged Bend Urban
Growth Boundary Econnection of the lots to
sewer shall be a condition of tentative plat
approval. Unless required sewer improvements
are bonded pursuant to DCC Title 17, sewer must
be brought to the property line of each lot before
the final plat can be approved. In instances where
the sewer improvements are bonded, no building
permits shall be issued until all sewer
improvements have been made.
b. Outside the acknowledged Bend Urban
Growth Boundary on-site individual sewage
disposal systems may be used where soil will
accommodate such systems.
B. For partitions resulting in two lots, the
following standards and criteria shall apply in
addition to and notwithstanding any requirements
of Title 17, of the Deschutes County Code:
1. Partition Configuration.
a. A two -lot partition shall consist of a
segregated lot and a larger parent lot.
b. The segregated lot shall be no larger than
2.5 acres, unless additional area is required to
accommodate an existing or proposed use, in
0163=1810
which case the area shall be as small as possible
to accommodate the use.
i. In determining that the lot is as small as
possible, consideration shall be limited to the area
necessary for subsurface sewage disposal and
reserve area, residential and accessory
development, required setbacks and any land
necessary to accommodate allowable expansion
of the use.
2. Lot Layout—€4ets. The location of lot
lines shall not significantly reduce feasible
options for the future locations of streets, or
utility services, or preclude development options
on the subject or adjacent properties.
3. Street improvements.
a. Dedication of on-site street right of way
sufficient to meet design standards required by
the Transportation Plan shall be required.
b. Except as otherwise allowed in
subsections (b)(i), (b)(ii) and (b)(iii) herein,
streets fronting on the lots shall be improved to
urban standards, as set forth in Title 17.
i. Where both the parent and segregated lot
are occupied by existing development, no
additional street improvements are required.
ii. Where one of the two lots is developed,
the street need not be brought up to urban
standards at the time of partition. The
undeveloped lot shall be subject to a development
agreement in a form satisfactory to County
Counsel requiring that the street fronting both lots
resulting from the partition be improved to urban
standards. This agreement shall be entered into
with the county and recorded at the same time as
the recording of the final plat. Such
improvements must be made prior to the issuance
of a building permit on the undeveloped lot.
iii. Where both lots are undeveloped at the
time of partition, one lot shall be subject to the
development agreement described in Subsection
(ii) above.
c. A recorded nonremonstrance agreement
in a form satisfactory to County Counsel, for
future road or drainage improvements within the
right of way abutting the parcels shall be
required.
4. Sewage Disposal.
a. Pursuant to DEQ rules, new development
and existing nonresidential development shall be
served by sewer when sewer is available.
PAGE 1 OF 2 — EXHIBIT "A" TO ORDINANCE NO. 98-005 (1/14/98)
Exhibit "A„ 0163-1811
1. Sewer is considered available if a sewer
line is within 300 feet of a lot line of the parent
lot unless there are topographic or man-made
features which make connection physically
impractical or the sewer provider determines that
the sewer connection can be deferred.
b. Where an existing residence is served by
a septic system and drainfield, a sewer agreement
in a form prepared by the City of Bend shall be
executed with the city requiring hookup to the
sewer system when sewer becomes available.
c. For undeveloped lots where sewer is not
available, a sewer agreement shall be executed on
a form prepared by the City of Bend setting forth
the terms and conditions under which sewer
services will be provided when sewer becomes
available.
5. The property owner shall execute a
consent to annexation to the City of Bend for the
land area covered by the partition on a form
prepared by the city, which form shall be
recorded in the Deschutes County deed records
no later than the time the plat is recorded.
6. A restrictive covenant shall be recorded
for each lot in conjunction with the final plat that
prohibits further division of those lots until the
parcel can be served by DEQ -permitted
community or municipal sewer system and urban
standard roads. (Ord. 98-005 § 1; Ord. 93-040 §
1, 1993; Ord. 93-018-1 § 5, 1993)
PAGE 2 OF 2 — EXHIBIT "A" TO ORDINANCE NO. 98-005 (1/14/98)