1998-04047-Ordinance No. 98-013 Recorded 1/30/1998REVIEWED AS TO FORM REVIEWED
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CODE REVIEW COMM. 01V3:2o
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Chapter 18.88,
Wildlife Area Combining Zone, and * u,
Chapter 18.128, Conditional Use, of Title * °°
18 of the Deschutes County Code, and
Declaring an Emergency.-
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ORDINANCE NO. 98-013 flo
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THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE9 COUNTY,
OREGON, ORDAINS as follows:
Section 1. AMENDMENT. Section 18.88.040, Uses permitted conditionally, is
amended to read as described in Exhibit "A," attached hereto and incorporated herein, with new
language underlined and language to be deleted in sttike 4ffough.
Section 2. AMENDMENT. Subsection 18.128.040(D), Church, hospital, nursing
home, convalescent home, retirement home, is amended to read as described in Exhibit "B,"
attached hereto and incorporated herein, with new language underlined and language to be deleted
in sttike-thfo .
Section 3. AMENDMENT. Subsection 18.128.040(E), Medical clinic, veterinary
clinic, club, lodge, fraternal organization, community center, grange hall, golf course, horse stable
and horse events requiring conditional uses, grounds and buildings for games or sports, country
club, swimming, boating, tennis clubs and similar uses, government structures and land uses, parks,
playgrounds, is amended to read as described in Exhibit "C," attached hereto and incorporated
herein, with new language underlined and language to be deleted in stile.
Section 4. AMENDMENT. Subsection 18.128.040(0), Schools, is amended to read as
described in Exhibit "D," attached hereto and incorporated herein, with new language underlined
and language to be deleted in sttike .
Section 5. AMENDMENT. Subsection 18.128.040(AA), Bed and breakfast inn, is
amended to read as described in Exhibit "E," attached hereto and incorporated herein, with new
language underlined.
Section 6. FINDINGS. Findings to support this ordinance are set forth in the staff
report attached hereto as Exhibit "F," incorporated herein by this reference.
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PAGE 1 oft - ORDINANCE NO. 98-013 (1/28/98) 98
0163-2092
Section 7. 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 2 day of lJ V ,1998.
ATTEST:
,►-Marlin
PAGE 2 oft - ORDINANCE NO. 98-013 (1/28/98)
BOARD OF COUNTY COMMISSIONERS
DESCH S CO TY, OREGON
ROBF#f L. NIPPER, CommissTdfier
INDA L. S A E , Commissioner
EXHIBIT "A"
18.88.040. Uses permitted conditionally.
A. Except as provided in subsection (B) of
this section, in a zone with which the WA Zone
is combined, the conditional uses permitted shall
be those permitted conditionally by the
underlying zone subject to the provisions of the
Comprehensive Plan, chapter section 18.128 of
this title and other applicable sections of this
title.
B. The following uses are not permitted in
that portion of the WA Zone designated as deer
winter ranges, significant elk habitat or antelope
range: as eanditional uses.
1. Golf course, not included in a
destination resort;
2. Commercial dog kennel;
3. Church;
4. Public or private school;
5. Bed and breakfast inn;
6. Dude ranch;
7. Playground, recreation facility or
community center owned and operated by a
government agency or a nonprofit community
organization;
8. Timeshare unit;
9. Veterinary clinic;
10. Fishing lodge.
C. The following uses are permitted in that
portion of the WA zone designated as the
Bend/La Pine Deer Migration Corridor as
conditional uses:
1. Church;
2. Public or private school;
3. Bed and breakfast inn;
4. Playground, recreation facility or
community center owned and operated by a
government agency or a nonprofit community
organization,
D. Use limitations. The uses listed in
subsection (C) of this section are subject to the
applicable provisions of chapters 18.116 and
18.124 of this title and the following criteria:
1. The parcel shall be zoned RR -10;
2. The parcel shall be located within one-
guarter mile of a rural service center and be
located adjacent to a rural collector or a rural
arterial identified on the Deschutes County
Transportation Plan;
3. The parcel shall be no less than one acre
and no more than 5 acres in size;
4. The parcel shall be farther than 100 feet
from identified wetlands, floodplains or riparian
areas.
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5. The property shall be outside areas
designated as "Existing High Use Migration
Areas" or "Important Connective Areas Through
Existing Developed Areas" on the 1997 ODFW
map submitted to the South County Regional
Problem Solving Group.
6. Fences developed as part of the
conditional uses listed in subsection (C) of this
section shall be built from posts and poles or
smooth wire and shall have a minimum bottom
pole or wire height of 18 inches from therg ound
and a maximum top pole or wire height of 40
inches from the ground. Fences exempted from
these standards shall be constructed in
accordance with the provisions of subsection
18.88.070(B) of this chapter.
EE. Expansion of any use listed in
subsection tB) of this section that was lawfully
established prior to August 5, 1992, is allowed,
subject to provisions of Title 18 applicable to the
establishment of such uses. Expansion of golf
courses under this subsection shall be limited to
a final size of 18 holes.
ED. An application for a destination resort,
or any portion thereof, in a Wildlife Area
Combining Zone shall not be accepted pending
completion of the County's Goal 8 Destination
resort mapping process. (Ord. 98-013 § 1, 1998;
Ord. 95-075 § 1, 1995; Ord. 95-001 § 3, 1995;
Ord. 92-042 § 1, 1992)
PAGE 1 of 1 — EXHIBIT "A" to ORDINANCE 98-013 (1/28/98)
EXHIBIT `B" 0163'-`2094
F.T.S7
D. Church, hospital, nursing home,
convalescent home, retirement home:
1. Such a use shall be authorized as a
conditional use only upon finding that sufficient
area is provided for the building, required yards
and off-street parking. Related structures and
uses such as a manse, parochial school or parish
house are considered separate uses and
additional lot areas shall be required therefore.
2. The applicant shall address the
following issues in the application:
a. Location of the site relative to the
service area.
b. Probable growth and needs thereof.
c. Site location relative to land uses in the
vicinity.
d. Conformity with Deschutes County
Road PublieWeFks Department standards for of
proposed access to and from principal streets
and the probable effect of the proposal on the
traffic volume of adjoining and nearby streets.
3. Such uses or related buildings shall be at
least 30 feet from a side or rear lot line.
4. Except in an A -H zone, such uses may
be built to exceed the height limitations of the
zone in which it is located to a maximum height
of 50 feet if the total floor area of the building
does not exceed the area of the site and if the
yard dimensions in each case are equal to at least
two-thirds of the height of the principal
structure.
5. Churches in the Wildlife Area
Combining Zone are subject to the provisions of
chapter 18.88 of this title. (Ord. 98-013 § 2,
1998)
PAGE 1 of 1 — EXHIBIT "B" to ORDINANCE 98-013 (1/28/98)
EXHIBIT "C" 01 % -2oz
E. Medical clinic, veterinary clinic, club,
lodge, fraternal organization, community center,
grange hall, golf course, horse stable and horse
events requiring conditional uses, grounds and
buildings for games or sports, country club,
swimming, boating, tennis clubs and similar
activities, government structures and land uses,
parks, playgrounds. In considering the above,
the Planning Director or Hearings Body may
authorize the conditional use after it has been
determined that the following will be provided:
1. Access from principal streets subject to
Deschutes County Road D„beWeFts
Department standards.
2. Off-street parking subject to section
18.116.030 of this title.
3. Building and site design provisions,
including landscaping, that will effectively
screen neighboring uses from noise, glare, odor
and other adverse impacts.
4. Playgrounds, recreation facilities and
community centers in the Wildlife Area
Combining Zone are subject to the provisions of
chanter 18.88 of this title. (Ord. 98-013 § 3,
1998)
PAGE 1 of 1 — EXHIBIT "C" to ORDINANCE 98-013 (1/28/98)
EXHIBIT "D" 0163-2096
O. Schools.
1. Nursery schools shall provide and
maintain at least 100 square feet of outdoor play
area per child. A sight -obscuring fence at least
four feet but not more than six feet high shall
separate the play area from adjoining lots.
2. Secondary schools shall provide a site
area of 10 acres plus one additional acre for each
100 pupils of predicted ultimate enrollment.
3. Notwithstanding paragraph subseetion
t2) of this subsection, private academic
secondary schools with an enrollment of fewer
than 50 students shall provide a minimum site
area of one acre for every 10 students of
predicted ultimate enrollment, with a minimum
site area of not less than two acres.
4. Schools in the Wildlife Area Combining
Zone are subject to the provisions of chapter
18.88 of this title. (Ord. 98-013 § 4, 1998; Ord.
97-022 § 1, 1997)
PAGE 1 of 1 — EXHIBIT "D" to ORDINANCE 98-013 (1/28/98)
EXHIBIT "E"
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AA. Bed and breakfast inn.
1. Bed and breakfast inns shall be
restricted to owner -occupied single-family
residences.
2. Bed and breakfast inns located in farm
or forest zones shall utilize existing dwellings or
dwellings conforming to the requirements of
those zones relating to single-family dwellings.
3. No more than three sleeping rooms shall
be available for the accommodation of inn
visitors.
4. No more than eight guests shall be
accommodated at any one time.
5. Occupancies shall be limited to not
more than 30 consecutive days.
6. Breakfast shall be the only meal
provided to inn guests.
7. The exterior of the building shall
maintain a residential appearance.
8. The bed and breakfast inn shall be
operated in a way that will prevent unreasonable
disturbance to area residents.
9. One off-street parking space shall be
provided for each guest room in addition to
parking required for the residence.
10. Approval shall be conditional upon
compliance with all applicable state building
code requirements and state sanitation
requirements.
11. Bed and breakfast inns in the Wildlife
Area Combining Zone are subject to the
provisions of chapter 18.88 of this title. (Ord.
98-013 § 5, 1998)
PAGE 1 of 1 — EXHIBIT "E" to ORDINANCE 98-013 (1/28/98)
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Exhibit
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Ordinance -04 3
DESCHUTES COUNTY PLANNING DIVISION
STAFF REPORT
FILE NUMBER: TA -97-6
APPLICANT: Cascade Bible Church
P. O. Box 580
La Pine, OR 97739
REQUEST: A text amendment to Chapter 18.88, Wildlife Area Combining
Zone, of Title 18 of the Deschutes County Code to allow a use that
is currently prohibited.
STAFF CONTACT: Barbara J. Rich, Assistant Planner
I. APPLICABLE CRITERIA:
A. Title 18 of the Deschutes County Code, the County Zoning Ordinance.
1. Chapter 18.88, Wildlife Area (WA) Combining Zone
2. Chapter 18.60, Rural Residential (RR -10) Zone
3. Chapter 18.128, Conditional Use
B. Title 22 of the Deschutes County Code, Development Procedures Ordinance.
C. The Deschutes County Comprehensive Plan and Resource Element
D. OAR 660.23.040.110
II. FINDINGS OF FACT:
A. PROPOSAL: The applicant proposes to amend the text of Title 18 of the Deschutes
County Code, Chapter 18.88.040 to allow churches under specific circumstances in the
Bend/La Pine Deer Migration Corridor. The applicant proposes to limit church sites to:
1. parcels no smaller than one acre and no larger than five acres in size;
2. parcels adjacent to a rural collector or arterial;
3. parcels zoned RR -10; and
4. properties not in the areas designated as corridors on the 1997 South Co. Regional
Problem Solving map
The applicant further proposes to limit future uses of properties developed as church sites
so that commercial or other non -permitted uses can be established on a former church
site.
TA -97-6
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Ordinancei3-
FINDING: The only arterial in the south county area is Highway 97. None of the
properties adjacent to Highway 97 meet the other criteria proposed by the applicant.
Therefore, the reference to arterials will be dropped.
The requirement that future development of the property be limited so that commercial or
other non -permitted uses can be established on the former church site is a function of the
site plan review process and the day to day screening process performed at the public
counter. It is not appropriate to make this requirement a condition of approval for a
church or other permitted uses.
B. LOCATION: Areas designated as being within the Bend -La Pine Deer Migration
Corridor. The areas affected by this amendment are located between Sunriver and La
Pine and are to the west of and roughly parallel to Highway 97.
C. PUBLIC AGENCY COMMENTS: The Planning Division sent notice of the
application to the Oregon Department of Fish and Wildlife. The full extent of the
comments are attached hereto and incorporated by reference herein. An important
element introduced by these comments is the expansion of the proposal outlined by the
applicants to include all of the other prohibited uses listed in 18.88.040(B). ODFW does
not feel they can justify continuing the prohibition on the other listed uses while opening
specific areas to the development of churches. ODFW recommends that these other uses
also be allowed under specific circumstances. Verbal comments from ODFW indicate
that the Department is willing to consider the expansion of the uses in specific areas, i.e.
along collectors, because those corridors are already adversely impacted and are of
questionable use for migrating deer. Significant differences between the applicant's
proposal and comments from ODFW are as follows:
• Properties within 100 feet of identified wetlands or riparian areas or identified
floodplains should be excluded for these uses under the text amendment;
FINDING: The areas proposed for this text amendment do not include any areas zoned
Flood Plain or areas adjacent to the Deschutes or Little Deschutes River except possibly
in the Spring River area.
• Expansion of golf courses falling under section B shall be limited to actual
course necessary for expansion of playing field. Individual dwellings should
be prohibited as part of golf course expansions within the mule deer migration
overlay.
FINDING: The definition of golf course and accessory uses to golf courses do not
include dwellings, individual or otherwise. Therefore, an expansion of an existing
lawfully established golf course could not include dwellings as part of the expansion.
Fences built in association with any of the listed uses shall exceed the
requirements of section 18.88.070 by being built from posts and poles or
smooth wire and will have a minimum bottom pole or wire height of 18 inches
from the ground and a maximum top pole or wire height of 40 inches from the
ground. These fence requirements will be applicable from the time of
application of any use on the property until such time they are deemed by
Deschutes County to be unwarranted.
FINDING: The applicant expressed concern that the exemption provisions found in
section 18.88.070 be retained in this area because the new permitted uses could have a
play area for children as an accessory use. These areas need to be securely fenced
TA -97-6
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0163_, 210lage t F
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Ordinance q8'O'
because of the requirement that such uses locate adjacent to roads classified as
collectors..
III. CONCLUSIONARY FINDINGS:
A. Conformance with state statute and administrative rules:
FINDING: Goal 5 refers to fish and wildlife management plans adopted by the Oregon
Wildlife Commission. The Goal 5 program is implemented by the specific ESEE process
(see: OAR 660-23-040 and 110). Therefore, the critical element in reviewing this
proposal is the Fish and Wildlife Inventory ESEE analysis for the Deschutes County
Comprehensive Plan. The discussion of the ESEE analysis follows below.
B. Conformance with the Deschutes County Comprehensive Plan:
Fish and Wildlife Policies (pa eg 157):
The following policies pertain specifically to the deer migration corridor:
(3) In the Bend/La Pine deer migration corridor identified in the comprehensive
plan resource element, new land division, where the underlying zone is Rural
Residential -10, shall be cluster developments.
FINDING: The proposed amendment limits proposed uses to existing (as of August 5,
1992) parcels that are between one and five acres in size. Because of the minimum lot
size of the RR -10 zone and the proposed restrictions on parcel sizes (1-5 acres) for the
proposed uses, the amendment will not impact or be impacted by this policy.
(14) The county shall maintain an inventory of county -owned property in the
Bend/La Pine deer migration corridor. Prior to sale or exchange of county
owned property in the corridor, the county shall consult the Oregon
Department of Fish and Wildlife to determine the value of the land for deer
migration and make reasonable efforts to consolidate properties to maintain
habitat characteristics important to preserving the migration corridor.
FINDING: The proposed amendment pertains to privately owned property that will be
used for a church site. This policy does not prohibit specific uses in the deer migration
corridor. Therefore, this policy does not apply to this proposal.
Resource Element - Big Game (page 62):
FINDING: The Resource Element states, in general terms, the need to protect wildlife
habitat. Specific recommendations are found in the Goal 5 ESEE analysis adopted as
Exhibit A to Ordinance 92-041.
The ESEE analysis identifies the conflicting uses specific to the deer migration corridor.
These include dwellings, roads and dogs. Supporting documentation for the ESEE,
ODFW Central Region Administrative Reports Nos. 86-2 and 92-1, illustrate the negative
impacts of development on the use of an area by deer. These studies use the presence of
dog tracks as an indicator of development and so compared the incidence of dog tracks
with the incidence of deer tracks. The study found a strong correlation between the two
in that as dog tracks increased in frequency, deer tracks decreased.
TA -97-6
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Ordinance as -o �3
The areas specified by the applicant and ODFW for the expansion of uses are limited to
areas immediately adjacent to rural collectors (as stated above, arterials are left out of the
discussion in this staff report because the only arterial in 96tuth County is Highway 97)
that are heavily parcelized and zoned for rural residential (RR -10) development. Based
on the existing and potential development in these areas (which is in turn based on the
uses permitted outright in the RR -10 zone) and the amount of traffic supported by the
collectors, these areas are of questionable value as deer habitat. The intent of the
proposed restrictions on the uses listed in 18.88.040(B) is to provide some flexibility in
the types of land uses permitted while limiting such development to areas already
adversely impacted by development.
In addition, the Program to Achieve the Goal for the deer migration corridor does not
specifically prohibit any uses. The recommendation made in the ESEE is to protect deer
migration corridor(s) by applying the siting and fencing standards. A specific
recommendation to prohibit certain uses can be found in the Antelope Habitat and Deer
Winter Range portions of the ESEE. The Program to Achieve the Goal to conserve
antelope habitat states that "the uses conflicting with antelope habitat should be
specifically limited by the application of the Wildlife Area Combining Zone. ...This zone
limits specific conflicting uses including schools, golf courses and churches."
Based on these findings, the proposal as described by the applicant and ODFW does not
conflict with the ESEE analysis for fish and wildlife resources in Deschutes County.
C. Conformance with Title 18:
1. Chapter 18 60 Rural Residential (RR10) Zone
FINDING: This proposal will amend an overlay zone. The overlay zones serve to
increase the restrictions on uses permitted in the base zone. Chapter 18.88, Wildlife Area
(WA) Combining Zone currently prohibits the following uses:
1. Golf course, not included in a destination resort;
2. Commercial dog kennel;
3. Church;
4. Public or private school;
5. Bed and breakfast inn;
6. Dude ranch;
7. Playground, recreation facility or community center owned and operated by a
government agency or a nonprofit community organization;
8. Timeshare unit;
9. Veterinary clinic;
10. Fishing lodge.
These uses are prohibited in the WA zone regardless of what the underlying zone is or
what uses that underlying zone permits.
The applicant proposes that eligible properties must be located in the RR10 zone. A
review of the uses permitted in the RR10 zone, either outright or conditionally shows
that, of the uses listed above, commercial dog kennels, veterinary clinics, and fishing
lodges are not listed. These three uses are permitted in other zones that underlie the WA
zone. Fishing lodges are listed in the Forest Use zones (F1 and 172) as a conditional use.
Dog kennels are permitted as a conditional use in the Multiple Use Agricultural (MUA)
Zone and on non -high value farmland in the Exclusive Farm Use (EFU) Zone.
TA -97-6
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Exhibit F
Page . 5 of (o
Ordinance 48 -013
Veterinary clinics are listed as a conditional use in the MUA zone. Typical interpretation
of the zoning code specifies that if a use is listed, either as permitted outright or
conditionally, in one zone but not the other then that use is not permitted in the zone
where it is not listed. Following this reasoning, fishing lodges, dog kennels and
veterinary clinics are not permitted in the RR10 zone. Therefore, the scope of conditional
uses that could be permitted in the Bend/La Pine Deer Winter Range cannot include these
three uses.
2. Chanter 18.128, Conditional Uses
FINDING: Section 18.128.040 of the Conditional Use chapter provides the specific use
standards for the following:
(D) - Church, hospital, nursing home, convalescent home, retirement home.
(E) Medical clinic, veterinary clinic, club, lodge, fraternal organization,
community center, grange hall, golf course, horse stable and horse events
requiring conditional uses, grounds and buildings for games or sports,
county club, swimming, boating, tennis clubs and similar activities,
government structures and land uses, parks, playgrounds.
(0) Schools.
(S) Dude ranches.
(AA) Bed and breakfast inn.
A review of the specific use standards for dude ranches shows that a 40 -acre minimum
lot size is required in order to site this use. Therefore, it is not appropriate to include
dude ranches in the list of conditional uses permitted in the Bend/La Pine Deer Migration
Corridor. The specific use standards for schools state that a 10 -acre minimum lot size is
required for secondary schools, however an elementary or nursery school would still be
feasible on a 1-5 acre parcel.
Staff recommends that, in order to facilitate administration and enforcement of the
Proposed amendment by the Planning Division, subsections (D), (E), (0) and (AA) be
amended to refer to the standards for the deer migration corridor in the Wildlife Area
Combining Zone chapter.
Section 18.128.080 provides specific use standards for time-share units. Paragraph
18.128.080(B)(1) requires that new time-share units be developed on a minimum of 10
acres. Because the applicant has proposed to limit parcel sizes for new churches in the
five acres, it does not make sense to incl
deer migration corridor to a maximum of ude
time-share units on the list of conditional uses permitted. No amendments to this sect
would then be required. ion
D. Administration/Enforcement:
FINDING: The proposed limitations will provide clear and objective standards with
which to administer and/or enforce these provisions. The recommended changes to
Chapter 18.128, Conditional Use, will serve to alert Planning Division staff and the
development community to the increased restrictions in the WA zone for the listed uses.
TA -97-6
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Exhibit F -
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01.63-2103 Ordinance a 8 -0 13
IV. CONCLUSIONS:
The proposed text amendment will provide added flexibility in land use in an area that is
already impacted by parcelization and existing and potential residential development.
The proposed amendment will limit the added uses to areas adjacent to roads designated
as collectors on the County Transportation Plan. These areas are adversely impacted by
development and traffic currently. Therefore, staff believes that increasing the scope of
uses permitted conditionally in these areas will have marginal impacts.
V. RECOMMENDATION:
Adoption of a text amendment to Chapter 18.88, Wildlife Area Combining Zone, and
Chapter 18.128, Conditional Use, as shown in the proposed amendments.
Respectfully submitted,
DESCHUTES COUNTY PLANNING DIVISION
Barbara J. Rich, Assistant Planner
BJR:bjr
TA -97-6
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