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1998-46743-Ordinance No. 98-057 Recorded 9/24/1998tit! AS TO©RM REVIEWED r -Iwo CODE REVIEW GQMK 98—U-743 ��� co��ra 1Lb 15 9 9 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 21, Sisters * 98 SEP 24 AM I I: 23 Urban Area Zoning Ordinance, of the Deschutes * ? "y SUET' # County Code, and Declaring an Emergency. * �oUNT CI ERK�O ORDINANCE NO. 98-057 THE BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. Section 21.16.030, Conditional Uses, of the Sisters Urban Area Zoning Ordinance is amended to read as described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined. Section 2. FINDINGS. Findings to support this ordinance are set forth in the staff report for File No. TA -98-12, attached as Exhibit "B" and incorporated herein by this reference. Section 3. 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 q3__ day of September, 1998. ATTEST: (" �-. t�]- Recording Secretary PAGE i OF 1 - ORDINANCE No. 98-057 (9/23/98) BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON NANOBWF SCHLANGEN, Chair T L. NIPPER, Comm L. SWEARINGEN, Commissioner MICROF LMED ocT i 1998 169 - 1600 EXHIBIT "A" 21.16.030. Conditional Uses. The following conditional uses may be permitted, subject to Conditional Use Permit, by hearing, by the provisions in Chapter 21.60. A. Parks and recreation facilities, including country clubs, golf courses, swimming clubs, tennis clubs; but not including such intensive commercial recreational uses as a race track or amusement park. B. Utility substations and pumping stations subject to Chapter 21.96. C. Medical clinics. D. Temporary subdivision tract offices. E. Professional offices. F. Community buildings, libraries, and museums. G. Lodges and fraternal organizations, except those carried on as a business for profit, and subject to Section 21.92.010(C). H. Churches, subject to Chapter 21.96. (Ord. PL -17 11(3), 1979) I. Single family dwellings. J. Planned Unit development with single- family dwellings. (Ord. 98-057 § 1, 1998; Ord. PL -17 § 11(3), 1979) Page 1 of 1 - Exhibit "A" to Ordinance No. 9 8-05 7 (9/23/98) FILE NUMBER: HEARING DATE: LOCATION: EXHIBIT `B" 169 - 1601 DESCHUTES COUNTY PLANNING DIVISION STAFF REPORT TA -98-12 September 23, 1998, 10 A.M. Hearing Room "A, " Deschutes County Commissioners Hearing Room 1130 NW Harriman Street, Bend, Oregon 97701 APPLICANT: C/O, Tia Lewis The Pines of Sisters, L.L.C. 120 NW Wall Street, #300 Bend, OR 97701 PROPOSAL: A text amendment to Title 21, Sisters Urban Area Zoning Ordinance, Chapter 21.16, Urban High Density District RH, to allow single family dwellings and planned unit developments with single family dwellings as conditional uses. STAFF CONTACT: Brian Harrington, Associate Planner I. APPLICABLE CRITERIA: A. Title 21 of the Deschutes County Code, County Zoning B. D. E. II. A. 1. Chapter 21.16, Urban High Density District - RH. 2. Chapter 21.72, Amendments. OAR 660-12-060, Plan and Land Use Regulation Amendments OAR 660-15, Statewide Planning Goals and Guidelines Deschutes County Year 2000 Comprehensive Plan Title 22, Deschutes County Procedures Ordinance. FINDINGS OF FACT: PROPOSAL/BACKGROUND: Allow a text amendment to the Sisters Urban High Density District (RH) to allow the inclusion of "single family dwellings" and "Planned Unit Development with single family dwellings as conditional uses. Currently the RH District does not allow single family dwellings nor planned unit developments, permitted outright or conditionally. The applicant states that the proposed text amendment will allow a greater diversification of building types in the RH District while remaining consistent with the density and purpose of the RH District. The applicant has submitted a burden of proof in support of this amendment. Note: This proposal is a legislative amendment to apply to the RH District of the Sisters Urban Area. Page 1 of 8to Ordinance No. 98-057 (9/23/98) 1.69 -1602 EXHIBIT "B" B. PUBLIC AGENCY COMMENTS: The Planning Division sent notice of the proposal to several public agencies and received the following responses: Oregon Department of Land Conservation and Development: The Department sent a letter dated July 15, 1998 (incorporated by reference herein) outlining several concerns. DLCD states the proposal is in conflict with the purpose statement of the RH District. However, DLCD does state that it may be possible to allow a planned unit development that includes single family dwellings if the language is included with the use to insure that the density proposed in the PUD is consistent with high density residential development. The letter provides the following suggestion with the statement, "After speaking with representatives of both the city and county, it appears that the development proposal is viewed as positive in that it would provide quality affordable housing with fairly high overall density. If this is the case, the applicants and the City/County may wish to review the potential of a plan and zoning map amendment for the subject parcel to a zone which would allow the development." DLCD submitted a second letter, dated September 14, 1998, (referenced and incorporated herein), stating their objection to the proposed language as written, because it violates Statewide Planning Goal 10 - Housing. DLCD proposes the following changes: 1. That "single family dwellings" be removed as a use in the zone, and; 2. That proposed conditional use "J." read generally as follows: "Planned Unit Developments with single family dwellings developed consistent with urban residential high densities." DLCD requests that if the proposal is approved the above changes are included in the amendment. 4. The following agencies either did not submit comments or had no comments: Sisters Fire Department, Deschutes County Assessor, City of Sisters, ODOT. E. PUBLIC NOTICE AND COMMENTS: The Planning Division sent written notice of the public hearing on July 10, 1998 and published notice in the Bulletin newspaper on August 2, 1998. The Planning Division has received no public comment to date. F. PLANNING COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on this matter on August 13, 1998. The potential countywide impacts of the proposal, its location, its consistency with Goal 10, other urban area ordinances and with the City of Sisters ordinance was discussed at length. The City of Sisters Planner and applicant's attorney testified in support of the amendment. Except for the letter previously submitted in the written record by DLCD, there was no testimony in opposition to the amendment. The City of Sisters Planner, Neil Thompson submitted into the record documents supporting the view that the result of this amendment would alleviate the disparity between the fact that over 60% of the city residents fall into the low to moderate income level, yet the housing is one of the highest median cost in the County. The testimony further emphasized that the City of Sisters Ordinance allows single family dwellings permitted outright and planned unit developments as conditional uses in the RH Zone. In addition, the existing Urban Growth Management Agreement spells out in Section 3, page 3 that all new land division in the Sisters urban growth boundary shall conform to the City of Sisters ordinances. Upon further discussion after close of the public hearing testimony, the Planning Commission recommended unanimously, on a 4-0 vote, that the Board of Commissioners adopt the proposed amendments. Page 2 of 8to Ordinance No. 98-057 (9/23/98) 169 --16U3 EXHIBIT "B" III. CONCLUSIONARY FINDINGS: A. OREGON ADMINISTRATIVE RULES: 2. Chapter 660, Division 12, Transportation Planning Rule, Section 660-12-060 Plan and Land Use Regulation Amendments: (1) Amendments to functional plans, acknowledged comprehensive plans, and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and level of service of the facility. This shall be accomplished by either: (2) A plan or land use regulation amendment significantly affects a transportation facility if it: (a) Changes the functional classification of an existing or planned transportation facility; (b) Changes standards implementing a functional classification plan; (c) Allows types or levels of land uses which would result in levels of travel or access which are inconsistent with the functional classification of a transportation facility; or (d) Would reduce the level of service of the facility below the minimum acceptable level identified in the TSP. FINDINGS: The proposed amendment to the Deschutes County Code will be consistent with the Transportation Planning Rule because the amendment does not propose a change to the standards that implement a functional classification plan. The current County classification plan classified roads according to their intended function: arterial, collector and local. The proposal does not propose to change the classification of any of the roads servicing the RH District to accommodate development proposed by the text amendment. Additionally, Deschutes County nor the City of Sisters has not adopted a transportation system plan (TSP) for the Sisters Urban Area that includes levels of service for different classifications for road facilities. 2. Chapter 660, Division 15, Statewide Planning Goals State law provides that statewide land use goals apply to comprehensive plan amendments, if the goals contain specific provisions that govern the type of action authorized by the plan amendment and are affected by the proposed change. The proposal before the Board is a zoning text amendment. DLCD has written two letters dated July 15, 1998 and September 14, 1998 respectively, that states the proposed language is inconsistent with Goal 10. The following states the applicants response to the housing element of the Sisters Comprehensive Plan that embodies the intent of Goal 10. In addition, the applicable statewide planning goals are addressed. Goal 10, Housing, The applicant states that the goal stated on page 78 in the Sisters Urban Area Plan is based primarily on the findings that the Sisters Urban Area has a shortage of affordable housing for the elderly who are often on fixed incomes and make Page 3 of 8to Ordinance No. 98-057 (9/23/98) 169 - 1604 EXHIBIT "B" up a significant portion of the population in Sisters as well as for family wage earners and first time home buyers. (See Sister's Urban Area Comprehensive Plan, p. 33, 57- 58, 78, 85. As previously discussed, due to the flexibility allowed in PUD developments, the proposed text amendment will increase the opportunity for the development of affordable housing. The PUD framework facilitates more affordable development due to the ability to develop with smaller lot sizes and the clustering of building groups and sharing of open space, recreational amenities, and facilities. The flexibility of the PUD framework also allows the creation of more functional and aesthetically pleasing environments. The ability to use the PUD mechanism to develop high-density single family developments provides an opportunity for home ownership in an affordable housing setting. The allowances of such uses in the RH District will enable the development to occur in proximity to employment opportunities, shops, and services than would occur if such uses were allowed only in a single-family residential district. The change will help achieve Goal 10's direction to provide housing for a variety of densities and types of residences in each community. The provision for standard and higher density housing in this zone will allow for a variety of housing types in the neighborhood. Goal 1, Citizen Involvement, will be met because the County's land use process provides for notice of proposed plan amendments to the general public by publication in The Bulletin. The Planning Commission will hold at least one hearing regarding the proposed amendment and make a recommendation to the Board of County Commissioners. The Board will hold a public hearing regarding the application and decide whether to adopt the amendment or deny the request. The Planning Commission's recommendation and the staff report will provide further information to citizens and allow them to be informed participants in the zoning code text amendment process. Goal 2, Land Use Planning, will be met because at least one public hearing will be held prior to adoption of any text amendment. The County's land use procedures ordinance provides for such a hearing, complying with Goal 2. The requested text amendment is being decided under the State acknowledged amendment process and criteria provided in the Deschutes County Code. The amendment is consistent with the requirement of Goal 2 that implementing measures be amended at times to reflect changes in public policy or changed circumstances. Goal 5, Open Spaces, Scenic and Historic Areas and Natural Resources, is not applicable except on the basis of an individual application. Goal 6, Air, Water and Land Resources Quality, will be met because any use will require a conditional use permit which evaluates the impacts on a case by case basis. Goal 7, Areas Subject to Natural Disasters and Hazards, may apply on a case by case basis. Any development in the floodplain zone would require conditional land use approval. Goal 9, Economic Development, is not directly affected by this proposal. The location of residential development in proximity to area commercial and industrial establishments Page 4 of 8to Ordinance No. 98-057 (9/23/98) 169 1605 will support those business enterprises by providing the housing base for employees and customers. Goal 10, Housing, will be met by affording a diversity of housing types and allow development of more affordable and smaller home sites. The change will help achieve Goal 10's direction to provide housing for a variety of densities and types of residences in each community. The provision for standard and higher density housing in this zone will allow for a variety of housing types in the neighborhood. Goal 11, Public Facilities and Services, As stated previously, the impacts of an individual proposal will be addressed via the conditional use permit process. Goal 12, Transportation, is applicable. However, the effects of the single family housing will be assessed on a case by case basis via the conditional use process. Goal 13, Energy Conservation, requires that land and uses developed on the land be managed so as to maximize the conservation of all forms of energy, based upon sound economic principles. Assessment of the conservation of energy sources in relation to commercial establishments and adequate transportation facilities will be addressed via the conditional use process. B. CONFORMANCE WITH THE DESCHUTES COUNTY COMPREHENSIVE PLAN: The applicant proposes to amend the text of the County Zoning code. Therefore, the proposal must be evaluated against the Comprehensive Plan in order to determine whether or not the amendment is consistent with the Plan's goals and policies. If the proposal is consistent with the plan than no plan amendment is necessary. Residential Areas (page 58) (1). The basic and most important single development criteria for residential areas is. housing density. (2). Residential densities indicated on the comprehensive plan shall be respected and reflected in city and county codes, ordinances and development policies. The intent of the plan is to indicate housing density rather than type of building construction permitted within various density areas. FINDING: The applicant states in the burden of proof that read together, the focus of the Comprehensive Plan and ultimately the Sisters Urban Area Zoning Ordinance which implements the plan, is on the housing density allowed in a particular district not on the housing type. As such "single family dwellings" or "Planned unity developments with single family dwellings" in the RH District are consistent with Comprehensive Plan and purpose of the RH District as long as it results in high density. Staff notes that there is no municipal sewer system in density development on smaller urban lots and that allowed as conditional uses in the RH District. Housing p. 78 Page 5 of 8to Ordinance No. 98-057 (9/23/98) Sisters to effectively allow high the proposed uses will be only EXHIBIT "B" 1 6 9 Goal: To provide adequate numbers of housing units at price ranges and rent levels which are commensurate with the financial capabilities of households. To allow for flexibility of housing location, type and density within the Sisters Urban Growth Boundary consistent with Statewide Planning Goal No. 10. FINDING: The applicant states that the Sisters Urban Area has a shortage of affordable housing for the elderly who are often on fixed incomes and make up a significant portion of the population in Sisters as well as for family wage earners and first time home buyers as referenced SUAP pages 33, 57-58, 78 and 85. PUD developments will increase the opportunity for the development of affordable housing. PUD development can provide affordable housing by allowing smaller lot sizes and the clustering of building groups, sharing of open space, recreational amenities and facilities. The PUD option provides the opportunity to develop higher density single family development in an affordable housing setting. It also adds to pride of ownership, increases the likelihood of preventative maintenance which maximizes the longevity and attractiveness of a development. The applicant further states that allowance of such uses in the RH District will enable these developments to occur in proximity to commercial services and employment opportunities. As such staff finds that allowing this use as a conditional use will allow some flexibility in the RH Zoning District for single family dwellings that is consistent with the overall housing and residential policies stated above. However, DLCD has stated in two letters submitted into the record that the allowance of single family dwellings as a use in the zone would be inconsistent with Goal 10 and would recommend allowing them only in conjunction with a PUD that would achieve urban residential high densities. This may be a solution that would accommodate the applicant's objective and maintain consistency with statewide planning Goal 10. C. CONFORMANCE WITH TITLE 21, SISTERS URBAN AREA ZONING ORDINANCE. 1. Chapter 21.72. Amendments sets forth the standards for a zone change. The procedure for text amendments is set forth in Chapter 22.12 and the applicable procedures of Title 22 of the Deschutes County Code. The Planning Division has complied with DCC Chapter 22.12, by submitting notice of the hearing to the Bend Bulletin newspaper and published on August 2, 1998. A public hearing is being held before the Planning Commission in accordance with Section 22.12.040(B). 2. Chapter 21.16, Urban High Density District-RH Section 21.16. 010, Purpose: This district is intended to provide for high density multiple -family developments in locations close to shopping and services, transportation or public open space, and in appropriate locations to provide a transitional use area between residential and other more densely -utilized land areas. Section 21.030, Conditional Uses: A. Parks and recreation facilities, including country clubs, golf courses, swimming clubs, tennis clubs, but not including such intensive commercial recreational uses as a race tract or amusement park. B. Utility substations and pumping stations subject to Chapter 21.96. Page 6 of 8to Ordinance No. 98-057 (9/23/98) EXHIBIT "B" 1 6 9 1 6 0 7 C. Medical clinics D. Temporary subdivision tract offices. E. Professional offices. F. Community buildings, libraries and museums. G. Lodges and fraternal organizations, except those carried on as a business for profit, and subject to Section 21.92.010(C). H. Churches, subject to Chapter 21.96. The applicant proposes to add the additional conditional uses: 1. Single family dwellings. J. Planned unit development with single family dwellings subject to Chapter 21.100. FINDING: The applicant proposes the addition of these uses as conditional uses to allow for a greater diversity of dwelling types in the RH District to ensure they are approved consistent with the purposes of the zone and Comprehensive Plan. The applicant states that the proposal offers greater flexibility in housing types and is included in several urban area ordinances that includes the City of Sisters, City of Bend, Bend Urban Area and the City of Redmond. The applicant further states that the proposed amendment will be consistent with the purpose of the RH District which is to provide for high density residential development in proximity to shopping and services and to provide a transitional area between residential and other more densely utilized lands. When utilized with a Planned Unit development, single family dwellings can be constructed at medium to high density by the ability to cluster housing. The flexibility of a PUD allows for more efficient and economical development and, thereby more affordable housing. The development of affordable housing both for family wage earners and elderly in proximity to commercial services and employment opportunities is a recognized need in the Sisters Urban area. Staff notes that there is no public transportation system, public park system or municipal sewer system in the Sister Urban Area. The Planned Unit development option can provide for open space/park amenities while providing higher densities close to services and employment opportunities. In review of the applicable high density zones of the City of Bend, City of Redmond, City of Sisters and Bend Urban Area, all allow for single family dwellings permitted outright or conditionally. The applicant argues that he proposed use would be consistent with the zoning districts of the City of Sisters and allow greater flexibility of housing types. However, DLCD has stated the proposal would be consistent only as a conditional use in conjunction with a PUD consistent with urban residential high densities. The issue DLCD is arguing is that if single family dwellings are allowed in the RH zone, then the amount of land set aside for multi -family housing is diminished in conflict with Goal 10 housing inventory requirements. From a practical point of view, because there is no sewer system to accommodate high density development, and the City of Sisters zoning ordinance allows the use outright, the allowance of single family dwellings as a conditional use in the zone will ensure that consistency with Goal 10 can be met on a case by case basis, according to the applicant. Unless further testimony can demonstrate that the proposal as writtent is consistent with Goal 10 housing inventory requirements the Planning Division would defer to DLCD staffs modification. D. ADMINISTRATION/ENFORCEMENT: FINDING: The proposed limitations will provide both clear and discretionary standards with which to administer and/or enforce these provisions. The recommended changes will require a conditional use permit to review individual applications. The language in Chapter 21.100, Conditional Uses and Title 22, Deschutes County Development Page 7 of 8to Ordinance No. 98-057 (9/23/98) EXHIBIT `B" 169 1608 Procedures Ordinance, will ensure that the opportunity for public participation in the conditional use process is retained. IV. CONCLUSIONS: The proposed text amendment will provide flexibility for housing types in the RH District consistent with the City of Sisters Zoning Ordinance and the ordinances of Bend and Redmond. As conditional use permits, the assessment of the impacts to the transportation system and public facilities can be reviewed on a case by case basis. The proposal presented to the Board for consideration by the applicant that has been reviewed and approved by the Planning Commisision includes two components; single family dwellings as a conditional use and planned unit developments with single family dwellings. DLCD has raised concerns in two letters submitted into the written record, that the proposal as currently written would be inconsistent with statewide planning Goal 10 housing inventory requirements by allowing single family dwelllings as a use in the zone. They have recommended a modification to the proposal that is stated as follows: "Planned unit development with single family dwellings developed consistent with urban residential densities". Absent additional testimony by the applicant at the hearing to demonstrate that the proposal is consistent with the Goal 10 housing inventory requirements, the Plannng Division would recommend the Board adopt DLCD's staff modification. V. RECOMMENDATION: Approval VI. ATTACHMENTS: 1. Exhibit A Respectfully submitted, Brian Harrington, Associate Planner BJH:bjh Page 8 of 8to Ordinance No. 98-057 (9/23/98)