2002-1109-Ordinance No. 2002-018 Recorded 8/13/2002REVIEWED
LE AL COUNSEL
CODE
DESCHUTES
SUESCOUNTY OFFICIAL PENHOLLOW, COUNTYCLERK1�y 00
201109
COMMISSIONERS' JOURNAL ,
1111111111111111111111111111111111
4811311001 14,19,51 AM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 23, Comprehensive
Plan, of the Deschutes County Code.
ORDINANCE NO. 2002-018
WHEREAS, the Board of County Commissioners (Board) has determined that to comply with
Periodic Review and OAR 660-22, amendments to the Deschutes County Comprehensive Plan are
required, and
WHEREAS, to comply with Periodic Review, File No. PA -99-2 was initiated by Deschutes
County to amend the Comprehensive Plan regarding Rural Commercial areas; and
WHEREAS, after notice and hearing as required by law, the Board has considered the
recommendation of the Planning Commission; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 23.36, Rural Development, is 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 strikedweugh.-
Section 2. AMENDMENT. DCC 23.40, Unincorporated communities, is amended to read as
described in Exhibit `B," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in stfiket#rengh.
Section 3. REPEAL AND REPLACEMENT OF MAPS. Comprehensive plan maps for Deschutes
Junction, Deschutes River Woods Store and Spring River, formerly found in DCC 23.36.040, attached hereto
and incorporated herein as Exhibits "C," "E" and "G,"are hereby repealed and replaced with new
comprehensive plan maps in DCC 23.40.060, attached hereto and by this reference incorporated herein as
Exhibits "D," "F" and "H."
PAGE 1 OF 2 - ORDINANCE NO. 2002-018 (08/07/02)
Section 4. FINDINGS. The Board adopts the Staff Report for File No. PA -99-2, attached hereto as
Exhibit "I," and incorporated herein by this reference, as its findings in support of this Ordinance.
DATED this / day of 2002.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TOM DEWO , Chair
DENNIS R. LUKE, Commissioner
MIC4 A&L M.IDALY, CotAmissioner
Date of 1St Reading: Com`/ d y of, 2002.
Date of 2°a Reading: 411� day of /, 2002.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tom DeWolf
Dennis R. Luke
Michael M. Daly
Effective date: day of2002.
ATTEST:
s r—&U A—
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2002-018 (08/07/02)
EXHIBIT "A"
33.36.010 Alfalfa Rural e,,...,:,,,, GenteF.
23 36.020, Brothers, u.,mpt,... Alillienn
Rum! SeFviee Centers.
23.36.830010. Spring River Dural Se""'ee
Gem.
23.36.040, Maps.
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Page 1 of 2 — EXHIBIT "A" To ORDINANCE No. 2002-018 (08/07/02)
EXHIBIT "A"
liA MM's
Page 2 of 2 — EXHIBIT "A" To ORDINANCE No. 2002-018 (08/07/02)
EXHIBIT `B"
Chapter 23.40 UNINCORPORATED
COMMUNITIES
23.40.010
Unincorporated Communities.
23.40.020
Urban Unincorporated
Communities - La Pine and
Sunriver.
23.40.030
Rural Communities — Tumalo,
Terrebonne.
23.40.040
Rural Service Centers —
Alfalfa, Brothers, Hampton
and Millican.
23.40.050
Resort Communities - Black
Butte Ranch and Inn of the 7a'
Mountain/Widgi Creek.
23.40.060.
Rural Commercial — Deschutes
Junction, Deschutes River
Woods Store and Snrin�
River.
23.40.070
Maps.
23.40.010. Unincorporated Communities.
The 1979 comprehensive plan designated the
following rural service centers (RSC): Alfalfa,
Brothers, Hampton, and Millican. La Pine,
Whistle Stop, Wickiup Junction, Terrebonne,
Wild Hunt and Tumalo. These areas were
designated in that plan as exception areas from
Goals 3 and 4. Zoning under the Comprehensive
Plan allowed for a mix of residential uses and
commercial uses to support nearby residential
uses. The scope of those uses was never
clearlydefined but, until the early 1990's, was
ever much of an issue since there was little
development pressure.
In 1994, LCDC adopted a new administrative
rule, OAR 660 Division 22 to clarify what uses
could be allowed in "unincorporated
communities" without violating Statewide
Planning Goals 11 and 14 relating to public
facilities and urban uses. The rule identifies 4
different kinds of rural communities: Resort
Community, Urban Unincorporated Community,
Rural Community and Rural Service Center. In
addition to the RSCs listed above the following
developments were identified as communities
that Deschutes County has been required to
review for compliance with the rule: Black Butte
Ranch and Inn of the Seventh Mountain/Widgi
Creek resorts, Deschutes Junction RSC, Spring
River RSC, lands zoned for Rural Industrial
development and the Deschutes River Woods
Country Store development. The latter four areas
will be zoned in 2002 for Rural Commercial or
Rural Industrial uses because they do not meet
the criteria of any of the four types of
unincorporated communities.
The following table shows that the plan
designation for each area is Unincorporated
Community, and indicates which type of
community the area is defined as and the year
when review for compliance with OAR 660
Division 22 was completed.
Page 1 of 7 — EXHIBIT `B" To ORDINANCE No. 2002-018 (08/07/02)
EXHIBIT `B"
CON (UNITY
PLAN
UNINCORPORATED
APPROVAL DATE
DESIGNATION
COMMUNITY TYPE
La Pine
Unincorporated
Urban Unincorporated
1996
Community
Community
Wickiup Junction
Unincorporated
Rural Service Center
1996
Community
Terrebonne
Rural Community
1997
Tumalo
Unincorporated
Rural Community
1997
Community
Sun river
Unincorporated
Urban Unincorporated
1997
Community
Community
La Pine — expansion to
Unincorporated
Urban Unincorporated
2000
include Wickiup Junction
Community
Community
and BLM land
Black Butte Ranch
Unincorporated
Resort Community
2001
Community
Inn of the 701 Mountain/
Resort Community
2001
Widgi Creek
Unincorporated
Community
Alfalfa
Unincorporated
Rural Service Center
2002
Community
Brothers
Unincorporated
Rural Service Center
2002
Community
Hampton
Unincorporated
Rural Service Center
2002
Community
Millican
Unincorporated
Rural Service Center
2002
Community
(Ord 2002-001 § 4; Ord. 2002-005 § 1, 2002;
Ord. 2001-047 § 2; 2001; Ord. 2000-017 § 1,
2000; Ord. 98-014 § 1, 1998; Ord. 97-076 § 2,
1997)
23.40.020 Urban Unincorporated
Communities - La Pine and
Sunriver.
(A) La Pine Urban Unincorporated
Community
****
(Note: Pursuant to Exhibit "A" of Ordinance
2002-001, the text formerly in DCC
23.40.010 will be placed here in its entirety
and is not shown in this exhibit.)
(Ord. 2002-001, §4, 2002; Ord. 2002-005 § 1,
2002; Ord. 2001-046 § 1 & 2, 2001; Ord. 2001-
036 § 1, 2001; Ord. 2000-017 § 1, 2000)
(B) Sunriver Urban Unincorporated
Community
* * * * (Note: Pursuant to Exhibit "A" of
Ordinance 2002-001, the text formerly in
DCC 23.40.020 will be placed here in its
entirety and is not shown in this exhibit.)
(Ord. 2002-001, §4, 2002; Ord. 2002-005 § 1,
2002; Ord. 2000-017 § 1, 2000; Ord. 98-014 § 1,
1998; Ord. 97-076 § 2, 1997)
Page 2 of 7 — EXHIBIT `B" To ORDINANCE No. 2002-018 (08/07/02)
1 W4
23.40.030. Rural Communities —
Terrebonne and Tumalo.
(A). Terrebonne Rural Community
****
(Note: Pursuant to Exhibit "A" of Ordinance
2002-001, the text formerly in DCC
23.28.010 will be placed here in its entirety
and is not shown in this exhibit.)
(Ord. 2002-001, §4, 2002; Ord. 2002-005 § 1,
2002; Ord. 2000-017 § 1, 2000; Ord. 97-001,
1997; Ord. 92-051, § 3, 1997; PL -20, 1979)
(B). Tumalo Rural Community
**** (Note: Pursuant to Exhibit "A" of
Ordinance 2002-001, the text formerly in
DCC 23.32.010 will be placed here in its
entirety and is not shown in this exhibit.)
(Ord. 2002-001, §4, 2002; Ord. 2002-005 § 1,
2002; Ord. 2000-017 § 1, 2000; Ord. 97-031,
1997; PL -20, 1979)
23.40.040 Rural Service Centers —
Alfalfa, Brothers, Hampton and Millican.
A Rural Service Center is characterized as an
unincorporated community consisting primarily
of commercial or industrial uses providing goods
and services to the surrounding rural area or to
persons traveling through the area, but which also
includes some permanent residential dwellings.
A. Introduction.
The predominant land use in the areas
surrounding the Alfalfa, Brothers, Hampton
and Millican, Rural Service Centers is
farming and ranching. The unincorporated
rural service centers serve the needs of the
surrounding rural areas as well as the needs
of the traveling public. Three of the
communities are located on Highway 20 east
of Bend. Millican is 26 miles, Brothers is 42
miles and Hampton is 64 miles east of Bend.
Alfalfa is located approximately 11 miles east
of Bend on Willard Road. All of these
communities, as well as the surrounding
areas, are generally flat to rolling with native
vegetation consisting of scrub/shrub and
juniper.
The communities of Alfalfa, Brothers and
Hampton have approved public water
systems that serve the school and
combination store/cafe/post office in Brothers
and the stores in Alfalfa and Hampton. The
Central Oregon Irrigation District provides
water for agricultural uses surrounding
Alfalfa. The land around Millican, Brothers
and Hampton is part of large ranches or is
Bureau of Land Management land. Most of
the land is used for dry land grazing. Well
water provides irrigation for land adjacent to
Hampton. Millican Brothers and Hampton
are surrounded by land that is designated as
antelope habitat.
The area surrounding these communities is
sparsely populated. Each community has a
few residences within its boundary.
1. Periodic Review
In order to comply with the 1994
administrative rule (OAR 660-022). The rule
requires counties to update land use plans and
regulations for such communities. Deschutes
County has updated the Comprehensive Plan
and implementing zoning regulations for the
communities of Alfalfa, Brothers, Hampton
and Millican to comply with the rule as part
of periodic review. As part of the Periodic
Review the Comprehensive Plan and zoning
map boundaries for all of the Rural Service
Centers were amended to comply with the
requirements of the administrative rule and to
reconcile historic mapping inconsistencies
between the plan designation and the zoning
and inconsistencies between community
boundaries and historic development
patterns.
2. Community Boundary
The Alfalfa Rural Service Center
boundary includes 21.83 acres, with
Willard Road as the predominant
northern boundary and the remainder
surrounded by agricultural lands zoned
Exclusive Farm Use.
The Brothers Rural Service Center
boundary includes 48.95 acres. Highway
20 bisects the community from east to
west, while Camp Creek Road enters
Page 3 of 7 — EXHIBIT `B" To ORDINANCE No. 2002-018 (08/07/02)
EXHIBIT `B"
from the north and connects with the
highway. The entire community is
surrounded by agricultural land zoned
Exclusive Farm Use.
The Hampton Rural Service Center
boundary includes 35.37 acres. Highway
20 forms the southern boundary with the
remainder surrounded by agricultural
lands zoned Exclusive Farm Use.
The Millican Rural Service Center
boundary includes 29.55 acres. Highway
20 forms the northern boundary with the
remainder surrounded by agricultural
lands zoned Exclusive Farm Use.
B. Land Use Planning
1. Existing Land Uses
The existing land uses in all of the Rural
Service Centers is commercial and
residential surrounded by agricultural
uses. In addition to a few residences
each of the communities includes
commercial development. Alfalfa has a
store/gas station and a church/community
hall. Brothers includes a school, a
combination market/cafe/post office/gas
station, a state highway maintenance
field office, and a highway rest area.
Hampton has a cafe and recreational
vehicle park. Millican has a market/gas
station.
2. Comprehensive Plan Designations
The Deschutes County Comprehensive
Plan designates the communities of
Alfalfa, Brothers, Hampton and Millican
as Rural Service Center.
C. Policies
1. Land use regulations shall conform to the
requirements of OAR 660, Division 22 or
any successor.
2. Rural Service Center zoning shall be
applied to Alfalfa, Brothers, Hampton
and Millican and shall consist of three
districts: Commercial/Mixed Use;
Residential; and Open Space.
3. The area in the Brothers Rural Service
Center that is north of Highway 20 and
east of Camp Creek Road shall be zoned
as Rural Service Center - Open Space
District (RSC -OS)
4. In Alfalfa, there will be a 5 -acre
minimum lot size residential zone and a
mixed-use commercial zone of 2 acres.
5. County Comprehensive Plan policies and
land use regulations shall ensure that new
uses authorized within the Alfalfa,
Brothers, Hampton and Millican Rural
Service Centers do not adversely affect
agricultural uses in the surrounding areas.
6. Zoning in the area shall promote the
maintenance of the area's rural character.
New commercial uses shall be limited to
small-scale, low impact uses that are
intended to serve the community and
surrounding rural area or the travel needs
of people passing through the area.
7. The Commercial/Mixed zoning
regulations shall allow a mixed use of
residential or small-scale commercial
uses.
8. Residential and commercial uses shall be
served by DEQ approved on-site sewage
disposal systems.
9. Residential and commercial uses shall be
served by on site wells or public water
systems.
10. Community water systems, motels,
hotels and industrial uses shall not be
allowed.
11. Recreational vehicle or trailer parks and
other uses catering to travelers shall be
permitted.
12. The County shall consider ways to
improve services in the area consistent
with the level of population to be served.
(Ord 2002-001 § 4, 2002; Ord. 2002-005 § 1,
2002; Ord. 2000-017 § 1, 2000; Ord. 96-045,
1996)
Page 4 of 7 — EXHIBIT `B" To ORDINANCE No. 2002-018 (08/07/02)
EXHIBIT `B"
23.40.050 Resort Communities - Black
Butte Ranch and Inn of the Seventh
Mountain/Widgi Creek.
(A). Black Butte Ranch
(Ord. 2001-047 § 2, 2002)
(B). Inn of the Seventh
Mountain/Widgi Creek
(Note: Pursuant to Exhibit `B" of Ordinance
2001-047 the text for these communities
became effective on March 13, 2002. The
text will be placed here in its entirety and is
not shown in this exhibit.)
(Ord. 2001-047 § 2, 2002)
23.40.060 Rural Commercial — Deschutes
Junction, Deschutes River Woods
Store and Spring River
The Rural Commercial plan designation is
applicable to residential and commercial lands
located outside unincorporated communities and
urban growth boundaries.
A. Introduction
The 1979 Comprehensive Plan designated the
areas of Deschutes Junction, Deschutes River
Woods Store and Spring River as Rural Service
Centers. Since that time, the Unincorporated
Communities Rule (OAR 660-022) has defined
"rural service centers" in such a way that these
areas no longer gualifly as rural service centers.
As a part of Periodic Review, Deschutes County
is applying a new comprehensive plan
designation of Rural Commercial to Deschutes
Junction, Deschutes River Woods Store and
Spring Rive=
No new exceptions to Goals 3 or 4 or new non -
resource lands were taken as a result of the
change in designation from Rural Service Center
to Rural Commercial. The Rural Commercial
designation is only applied to acknowledged
exception areas.
The rural uses and services are limited in size and
scope and are intended to serve the immediate
rural area and travelers passing through the area.
The plan policies and zoning standards restrict
new commercial uses to those that are less
intensive than those authorized in other types of
unincoporated communities. The uses and
densities are limited by the zoning, thereby
maintaining these areas as rural lands.
1. Periodic Review
In order to comply with state rules for
Periodic Review (OAR 660-025), Deschutes
County has reviewed and updated the
County comprehensive plan and land use
regulations for the areas of Deschutes
Junction, Deschutes River Woods Store and
Spring River. Each of these communities was
identified as an unincorporated community
under OAR 660-022, Unincorporated
Communities. OAR 660-022 defines several
types of unincorporated communities and
provides limitations on the types and sizes of
uses pennitted,eg nerally restricting uses that
are inappropriate considering available water,
sewer, and transportation service, or uses that
would tend to undermine the viability of
nearby urban areas.
During its review of lands identified as rural
service centers, the County determined that
Deschutes Junction, Deschutes River Woods
Store and Spring River do not qualify as any
of the four types of unincorporated
communities identified under OAR 660-022.
The Rural Commercial plan designation and
zoning brings each of these three areas into
compliance with state rules by adopting
zoning to ensure that they remain rural and
that the uses allowed are less intensive than
those allowed in unincorporated communities
as defined in OAR 660-022.
As part of Periodic Review, the
Comprehensive Plan and zoning map
boundaries for all of the Rural Commercial
areas were amended to comply with the
requirements of the administrative rules and
to reconcile historic mapping inconsistencies
between the plan and the zoning_maps.
Page 5 of 7 — EXHIBIT `B" To ORDINANCE No. 2002-018 (08/07/02)
EXHIBIT `B"
2. Rural Commercial
The Deschutes Junction Rural Commercial
boundary includes 1.77 acres, bounded by
Tumalo Road on the South, Highway on the
East, with the remainder surrounded by
agricultural lands (EFU).
The Deschutes River Woods Store Rural
Commercial boundary includes 4.99 acres
bounded by Baker Road on the North,
Highway 97 on the East, railroad tracks and
Cheyenne Road on the West and Morningstar
Christian School on the South. The
surrounding land is zoned Rural Residential
(RR -10). The Deschutes River Woods
residential subdivision is adjacent to this
ro e
The Spring River Rural Commercial
boundary includes 9.16 acres bounded by
Spring River Road on the North, Lunar Drive
on the East and additional commercial and
residentail uses on the South and West. The
surrounding land is zoned Rural Residential
(RR -10).
B. Land Use Planning
1. Existing Land Uses
The existing land uses in all of the Rural
Commercial areas are primarily
commercial with a few residences
existing in conjunction with businesses.
The surroundingzoning is agricultural,
forest, and Rural Residential.
The Deschutes County Comprehensive
Plan designates Deschutes Junction,
Deschutes River Woods Store and Spring
River as Rural Commercial.
C. Policies
1. Land use regulations shall ensure that the
uses allowed are less intensive than those
allowed for incorporated communities in
OAR 660, Division 22 or any successor.
2. Rural Commercial zoning shall be
applied to Deschutes Junction, Deschutes
River Woods Store and Spring River -
3. In Spring River, there shall be a Limited
Use Combiningzone.
one.
4. County Comprehensive Plan policies and
land use regulations shall ensure that new
uses authorized within the Deschutes
Junction, Deschutes River Woods Store
and Sring River areas do not adversely
affect agricultural and forest uses in the
surrounding areas.
5. Zoning in the area shall ensure that the
uses allowed are rural as required by
Goal 14, Urbanization, and less intensive
than those allowed for unincorporated
communities as defined in OAR 660-
022. New commercial uses shall be
limited to those that are intended to serve
the surrounding rural area or the travel
needs of people passing through the area.
6. New commercial uses shall be limited in
size to 2500 square feet, or 3500 square
feet, if for an agricultural or forest -related
use.
7. A lawful use existing on or before
November 5, 2002, not otherwise
allowed in a Rural Commercial zone,
may continue to exist subject to the
county's nonconforming use regulations
8. An existing lawful use may expand up to
25 percent of the total floor area existing
on November 5, 2002.
9. The Rural Commercial zoning
regulations shall allow a mixed use of
residential or rural commercial uses.
10. Residential and commercial uses shall be
served by DEQ approved on-site sewage
disposal s std
11. Residential and commercial uses shall be
served by on site wells or public water
systems.
,
12. Community sewer systems, motels,
hotels and industrial uses shall not be
allowed.
13. Recreational vehicle or trailer parks and
other uses catering to travelers shall be
permitted.
(Ord 2002-018 § 2, 2002; Ord. 2002-005 § 1,
2002; Ord. 2000-017 § 1, 2000; Ord. 96-045,
1996)
Page 6 of 7 - EXHIBIT `B" To ORDINANCE No. 2002-018 (08/07/02)
I WM 11 0.3 1 a I-V
23.40.070 Maps.
(Ord. 2002-018, § X, 2002; Ord. 2002-001 § 4,
2002; Ord. 20001-047 § 2, 2001; Ord. 2000-017
§ 1, 2000)
Page 7 of 7 — EXHIBIT `B" To ORDINANCE No. 2002-018 (08/07/02)
Tumalo Rd
/\,/ PARCELS
[= DESCHUTES JUNCTION RURAL SERVICE CENTER BOUNDARY
DESCHUTES JUNCTION RURAL SERVICE CENTER
COMPREHENSIVE PLAN DESIGNATION
0 COMMERCIAL
Daatlruba cosalty
EXHIBIT "C"
DESCHUTES JUNCTION RURAL SERVICE CENTER
EXISTING COMPREHENSIVE PLAN MAP
Exhibit "C" to Ordinance 2002-018
13
300 0 300 Feet
O�sc
� hUt�s
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Tom DeWolf, Chair
Dennie R. Luke, Commisalor"r
Michael M. Daly, Commissioner
ATTEST: Recording Samtary
Dated this _ day of August, 2002
ERectWe Date: Nowmhar_, 2002
Tumalo Rd
/v PARCELS
63 DESCHUTES JUNCTION
RURAL COMMERCIAL BOUNDARY
DESCHUTES JUNCTION RURAL COMMERCIAL
COMPREHENSIVE PLAN DESIGNATION
RURAL COMMERCIAL
oexwim Ouunry
CM"u��ry oxreswq
EXHIBIT "D"
DESCHUTES JUNCTION RURAL COMMERCIAL
PROPOSED COMPREHENSIVE PLAN MAP
300
Exhibit "D" to Ordinance 2002-018
300 Feet
'chute/ \Rd
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY. OREGON
Tan fieL�Y�N. CF.ai
R Wfke, G` sn�
fF ,Y
ATTEST: R-�.q S.vemy
Dne9.lhe _� ��deY a� ALry:t, mut
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/V PARCELS
p DESCHUTRES RIVER WOODS
RURAL SERVICE CENTER BOUNDARY
DESCHUTES RIVER WOODS RURAL SERVICE
CENTER COMPREHENSIVE PLAN DESIGNATION
0 COMMERCIAL
DsdrlRS Canal /J1r1
ro.erdryaeeies sa o
EXHIBIT "E"
DESCHUTES RIVER WOODS RURAL SERVICE CENTER
EXISTING COMPREHENSIVE PLAN MAP
Exhibit "E" to Ordinance 2002-018
13.
400 0 400 Feet
KnOttRd
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Tom DeWo , Chair
Dermis R. Luke, Commi.l.—
Michael M. Day, Commissioner
ATTEST: R—rdklg Sec tary
Dared this _ day of August, 2002
Eflecdw Date: November. 2002
/-/ PARCELS
DESCHUTES RIVER WOODS
RURAL COMMERCIAL BOUNDARY
DESCHUTES RIVER WOODS RURAL COMMERCIAL
COMPREHENSIVE PLAN DESIGNATION
Q RURAL COMMERCIAL
u—huuc Cv..ly
m.�� n`oavl«vwrt
EXHIBIT "F"
DESCHUTES RIVER WOODS RURAL COMMERCIAL
PROPOSED COMPREHENSIVE PLAN MAP
400
Exhibit 7" to Ordinance 2002-018
400 Feet
Knott Ra
BOARD OF COU41Y COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
iom De y.Ch e
t( r�iin're R. Wk. Ca/mmisy�ax
M u yu c ,n r
ATTEST. R ardny5 eery
Dates -2 ti, ear y.w, MOz
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EBacFe UNs; 14-0ar„� —.DO2
/V PARCELS
= SPRING RIVER RURAL SERVICE CENTER BOUNDARY
SPRING RIVER RURAL SERVICE CENTER
COMPREHENSIVE PLAN DESIGNATION
0 COMMERCIAL
DeeWres Csrarhr
fa.w�erary�e.4re -t
EXHIBIT "G"
SPRING RIVER RURAL SERVICE CENTER
EXISTING COMPREHENSIVE PLAN MAP
Exhibit "G" to Ordinance 2002-018
400 0 400 Feet
BOARD OF COUNTY COMMSSIONERS
OF DESCHUTES COUNTY, OREGON
Tom DeWolf. Chair
Dennie R. Luke, Commissbner
Michael M. Day, Commissioner—
ATTEST: Reomding Secretary
Dated Ns _ day of Aug -L 2002
EI/ecOw Date: November. 2002
Rd
v PARCELS
SPRING RIVER RURAL COMMERCIAL BOUNDARY
SPRING RIVER RURAL COMMERCIAL
COMPREHENSIVE PLAN DESIGNATION
Q RURAL COMMERCIAL
Oexlut®
0...
p�"u.ip avro
EXHIBIT "H"
SPRING RIVER RURAL COMMERCIAL
PROPOSED COMPREHENSIVE PLAN MAP
Exhibit "H" to Ordinance 2002-018
N
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S
400 0 400 Feet
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
—m L s�e cernrcis}ion
eh ei��'CZ.�essinw
ATTEST: Ric any Sas my
DCed ft,..
— Jn of Avg— 2002
EPO d— D W: Nnv"nbr 5 fi:11IDz
0,146,1
STAFF REPORT
UNINCORPORATED COMMUNITIES
DESCHUTES JUNCTION, DESCHUTES RIVER WOODS STORE AND SPRING RIVER
RURAL COMMERCIAL COMMUNITIES
FILE NUMBERS
AND ORDINANCE
NUMBERS: PA -99-2 and TA -99-2
Ordinance 2002-018 amending the Rural Development Section of the Growth
Management chapter of the Deschutes County Comprehensive Plan to add Findings and
Polices for the unincorporated communities of Deschutes Junction, Deschutes River
Woods store and Spring River as Rural Commercial Communities pursuant to Oregon
Administrative Rules 660-011 and 014.
Ordinance 2002-018 amending the Deschutes County Comprehensive Plan map to adopt
new comprehensive plan maps for the unincorporated communities of Deschutes
Junction, Deschutes River Woods store and Spring River.
Ordinance 2002-019 amending Title 18 of the Deschutes County Code, to add Chapter
18.74, Rural Commercial Community.
Ordinance 2002-019 amending Title 18 of the Deschutes County Code, to adopt new
zoning maps for the unincorporated communities of Deschutes Junction, Deschutes River
Woods store and Spring River as Rural Commercial Communities pursuant to Oregon
Administrative Rules 660-011 and 014.
DESCHUTES
BOARD OF COUNTY
COMMISSIONER'S
HEARING DATE: July 24, 2002
APPLICANT: Deschutes County
PLANNING STAFF: Christy Morgan, Associate Planner
REQUEST: The County proposes to amend the Deschutes County Comprehensive Plan and
implementing land use regulations in the County Code for the unincorporated Rural
Commercial centers of Deschutes Junction, Deschutes River Woods store and Spring
River.
SUMMARY: This Staff Report provides findings to support new descriptive text and development
policies in the Deschutes County Comprehensive Plan specific to the Rural Commercial
areas of Deschutes Junction, Deschutes River Woods Store and Spring River, as well as
an explanation of changes to Title 18 of the County Code, the Deschutes County Zoning
Ordinance, to implement the comprehensive plan policies. Findings are also provided for
comprehensive plan and zoning amendments to comply with Oregon Administrative Rules
(OAR), Chapter 660, Division 11, Public Facilities and Service, and Division 14,
Urbanization.
Staff Report - File No. PA -99-2 and TA -99-2
PAGE 1 of 6- EXHIBIT "I" to ORDINANCE No. 2002-018 (08/07/2002)
EXHIBIT "I"
PROPOSED AMENDMENTS TO TITLE 23, DESCHUTES COUNTY COMPREHENSIVE PLAN & MAPS.
The following Chapters of the Deschutes County Comprehensive Plan have been added or amended and are
attached as exhibits to Ordinance No. 2002-018.
1. Chapter 23.36, Rural Service Centers (Exhibit "A")
2. Chapter 23.40, Unincorporated Communities (Exhibit "B")
3. Map - Proposed Comprehensive Plan maps for Deschutes Junction, Deschutes River Woods Store
and Spring River Rural Commercial areas (Exhibits "D", "F" and "H").
4. Maps - Existing Comprehensive Plan maps for Deschutes Junction, Deschutes River Woods Store
and Spring River Rural Commercial areas (Exhibits "C", "E" and "G").
PROPOSED AMENDMENTS TO TITLE 18, DESCHUTES COUNTY ZONING ORDINANCE & MAPS.
The following Chapters of the Deschutes County Zoning Ordinance have been added or amended and are
attached as exhibits to Ordinance No. 2002-019.
1. Chapter 18.12.010, Establishment of Zones (Exhibit "A")
2. Chapter 18.74, Rural Commercial Zone (Exhibit "B")
3. Chapter 18.64, Rural Service Centers (Exhibit "C")
4. Maps - Proposed zoning maps for Deschutes Junction, Deschutes River Woods Store and Spring
River Rural Commercial Zone (Exhibits "E", "G" and "I").
5. Maps - Existing zoning maps for the Rural Service Centers of Alfalfa, Brothers, Hampton
and Millican (Exhibits "D", "F" and "H").
Chapter 18.74 has been developed specifically for the areas of Deschutes Junction, Deschutes River Woods Store
and Spring River Rural Commercial areas to provide land use regulations in accordance with OAR 660-011 and
014 and the comprehensive plan policies added to the comprehensive plan for these three rural commercial areas.
BACKGROUND
Under the provisions of OAR 660-025 (Periodic Review), local governments are required to periodically review
their comprehensive plan and land use regulations to assure that they remain in compliance with the statewide
planning goals and that adequate provision for needed housing, employment, transportation, and public facilities
and services is assured. Periodic Review is a cooperative process between the state, local governments, and
other interested persons. Through Periodic Review, counties are required to show compliance with Goals 14 and
11 for rural lands. In 1997, the Department of Land Conservation and Development identified each of these five
commercial areas as an unincorporated community.
The 1979 Comprehensive Plan and zoning regulations designate Deschutes Junction, Deschutes River Woods
Store and Spring River as Rural Service Centers. Each of these areas no longer meet the current standards for a
Rural Service Center and will be rezoned "Rural Commercial," which will allow fewer uses and smaller commercial
structures in the future than is currently allowed under the existing rural service center zoning. With the adoption
of Ordinances 2002-018 and 2002-019, Deschutes County will have comprehensive plan and zoning maps,
comprehensive plan policies and zoning standards for these three areas that comply with statewide planning Goals
11 and 14.
The Deschutes County Planning Commission held a public work session on May 23, 2002 to discuss the proposed
changes with property owners. The Planning Commission also held a Public Hearing on June 13, 2002, and
forwarded a recommendation to the Deschutes County Board of County Commissioners to adopt Ordinances
2002-018 and 2002-019. A Public Hearing will be held before the Board of County Commissioners on July 24,
2002 to consider the Planning Commission's recommendation to rezone Deschutes Junction, Deschutes River
Woods Store and Spring River from Rural Service Centers to Rural Commercial.
Staff Report - File No. PA -99-2 and TA -99-2
PAGE 2 of 6 - EXHIBIT "I" to ORDINANCE NO. 2002-018 (07/24/2002)
I W._. Ill.
STAFF FINDINGS REGARDING TITLE 23, DESCHUTES COUNTY COMPREHENSIVE PLAN POLICIES
The Deschutes County Comprehensive Plan currently designates the commercial centers of Deschutes Junction,
Deschutes River Woods Store and Spring River as Rural Service Centers. The proposed amendment will
designate these areas as "Unincorporated Communities" and adopt plan policies and zoning regulations to keep
them rural.
The recommended comprehensive plan policies for the "Rural Commercial" designation are as follows:
DESCHUTES JUNCTION, DESCHUTES RIVER WOODS STORE AND SPRING RIVER POLICIES
Policies
1. Land use regulations shall ensure that the uses allowed are less intensive than those allowed for
incorporated communities in OAR 660, Division 22 or any successor.
2. Rural Commercial zoning shall be applied to Deschutes Junction, Deschutes River Woods Store and Spring
River,.
3. In Spring River, there shall be a Limited Use Combining zone.
4. County Comprehensive Plan policies and land use regulations shall ensure that new uses authorized within
the Deschutes Junction, Deschutes River Woods Store and Spring River areas do not adversely affect
agricultural and forest uses in the surrounding areas.
5. Zoning in the area shall ensure that the uses allowed are rural as required by Goal 14, Urbanization, and less
intensive than those allowed for unincorporated communities as defined in OAR 660-022. New commercial
uses shall be limited to those that are intended to serve the surrounding rural area or the travel needs of
people passing through the area.
6. New commercial uses shall be less limited in size to 2500 square feet, or 3500 square feet, if for an
agricultural or forest -related use.
7. A lawful use existing on or before November 5, 2002, not otherwise allowed in a Rural Commercial zone,
may continue to exist subject to the county's nonconforming use regulations
8. An existing lawful use may expand up to 25 percent of the total floor area existing on November 5, 2002.
9. The Rural Commercial zoning regulations shall allow a mixed use of residential or rural commercial uses.
10. Residential and commercial uses shall be served by DEQ approved on-site sewage disposal systems.
11. Residential and commercial uses shall be served by on site wells or public water systems.
12. Community sewer systems, motels, hotels and industrial uses shall not be allowed.
13. Recreational vehicle or trailer parks and other uses catering to travelers shall be permitted.
STAFF FINDINGS REGARDING STATEWIDE PLANNING GOAL 11 — PUBLIC FACILITIES AND SERVICES
(OAR 660, DIVISION 11,) AND GOAL 14 — URBANIZATION (660, DIVISION 14)
FINDING: The communities of Deschutes Junction, Deschutes River Woods Store and Spring River are
comprised of lands that have previously received an exception to Goals 3 or 4. All of the communities lie
outside of an urban growth boundary and none of them are incorporated as a city.
Staff Report — File No. PA -99-2 and TA -99-2
PAGE 3 of 6 — EXHIBIT "I" to ORDINANCE NO. 2002-018 (07/24/2002)
EXHIBIT "I"
FINDING: The Rural Commercial boundaries for Deschutes Junction, Deschutes River Woods Store and
Spring River were determined using the following map sources:
1. 1992 Deschutes County Comprehensive Plan map — digitized parcel base map.
2. 1979 Deschutes County Zoning map.
The proposed comprehensive plan map shows the boundaries of Deschutes Junction, Deschutes River Woods
Store and Spring River a scale that identifies individual parcel boundaries. All are designated "rural service
centers" on the Deschutes County Comprehensive Plan Map and will be changed to a "Rural Commercial'
designation on the proposed plan maps.
The Deschutes Junction zoning and comprehensive plan map boundaries have been adjusted to accommodate
changes brought about by the recently completed Tumalo/Deschutes Junction interchange project. The County is
recommending shifting the Rural Commercial boundary to the south and west, to move frontage away from the
highway and more along Deschutes Market Road. The same acreage (1.77 acres) will remain in the Rural
Commercial zone that is currently in the Rural Service Center boundary, but having more access along Deschutes
Market Road will make more sense than the existing highway access that the Oregon Department of
Transportation will not allow.
The boundaries for each of these three areas now reflect parcel -based GIS mapping. Previous maps were
prepared by manual application of tape on mylar base maps that did not include parcel identification and were not
very precise.
Plan Map changes:
from: Deschutes Junction Rural Service Center to: Rural Commercial
from: Deschutes River Woods Store Rural Service Center to: Rural Commercial
from: Spring River Rural Service Center to: Rural Commercial
Zone Map changed from:
Deschutes Junction: Rural Service Center to: Rural Commercial
Deschutes River Woods Store: Rural Service Center to: Rural Commercial
Spring River: Rural Service Center to: Rural Commercial
The acreage for the existing and proposed zoning and comprehensive plan community boundaries for each of the
four rural service centers is reflected on the following table.
COMMUNITY
COMPREHENSIVE PLAN
ACRES
ZONING
ACRES
Existing Proposed
Existing
Proposed
Deschutes Junction
1.77 1.77
1.77
1.77
Deschutes River Woods Store
4.99 4.99
4.99
4.99
Spring River
9.16 9.16
9.16
9.16
FINDING: None of the land included within the Rural Commercial boundaries for Deschutes Junction,
Deschutes River Woods Store and Spring River is designated for farm or forest uses.
FINDING: Deschutes Junction, Deschutes River Woods Store and Spring River each has a Rural Service Center
zoning designation which allows for minimum lot sizes of 6,000 square feet up to five acres depending on whether
the lot is served by one, both or no community/public water or sewage systems. There will not be a minimum lot
size in the proposed "Rural Commercial' zone, but an applicant will have to demonstrate that new lots or parcel
Staff Report — File No. PA -99-2 and TA -99-2
PAGE 4 of 6 — EXHIBIT "I" to ORDINANCE NO. 2002-018 (07/24/2002)
IAMMI15-All t i
can meet DEQ on-site sewage disposal rules prior to final approval or a subdivision or partition, as well as before
final approval of a site plan or condition use permit for an existing lot.
The rural commercial zoning will continue to allow for both residential and commercial uses anywhere within the
community with no minimum lot size. This zone designation allows essentially the same uses that are allowed
under the current zone designation of Rural Service Center.
Residential density was determined by looking at each community's ability to provide sewer and water in addition
to considering the rural nature of these areas. Since none of the communities has a community sewer system and
none are allowed under the proposed zoning, on-site sewage disposal systems are required for new lots. Each
proposed new lot or parcel must be proven to be able to support an on-site sewage disposal and water supply
before it is platted as a new legal lot.
FINDING: Industrial uses will not be allowed within the Rural Commercial centers approved through this
unincorporated community process.
FINDING: The proposed plan policies limit new commercial uses to those that are rural uses that are intended to
service the community and surrounding rural area or the travel needs of people passing through the area. The
proposed zoning regulations limit new commercial uses to retail stores, business offices and/or commercial
establishments in a building or buildings each not exceeding 2,500 square feet of floor space, or not exceeding
3,500 feet of floor space if for a commercial agriculturally -related use, all subject to site plan review. Expansion of
a nonconforming use existing as of November 5, 2002 (the anticipated effective date of this ordinance), will be
limited to 2,500 square feet (or 3,500 square feet for an agriculturally -related use) or 25 percent of the size of the
building as of said date, whichever is greater. The commercial building size is less intense than those allowed
under OAR 660-022 (which allows a maximum commercial building size of 4,000 square of floor space) to ensure
that these areas remain rural in nature.
Additionally, the Spring River Rural Commercial center currently has a Limited Use Combining Zone that will remain
in effect in the revised zoning. The area within the boundaries of Spring River was originally designated and zoned
for residential use in 1979 comprehensive plan under exception to Goals 3 and 4. The Rural Service Center
designation was approved by the Board of County Commissioners in 1990 after an exception for the subject land
was taken from Goal 14. The Spring River Rural Service Center was created to serve the needs of residents in
nearby subdivisions. To ensure that uses in the Spring River Rural Commercial area are limited to uses that will
serve the residents of nearby subdivisions and not the needs of the public generally, the rural commercial zoning is
be subject to the Limited Use Combining zone, which has the effect of limiting uses in the Spring River Rural
Commercial area to the uses specified.
FINDING: A community sewer system does not currently exist in any of the communities of Deschutes Junction,
Deschutes River Woods Store or Spring River, and they are not an allowed use under the proposed zoning. Hotels
and motels are therefore, not allowed uses since they would need to be served by a community sewer system.
FINDING: The surrounding land use for each of the communities is agriculture and forest. The proposed
comprehensive plan states that new uses authorized within these rural commercial centers will not adversely affect
agricultural or forest uses in the surrounding areas. Additionally, the Deschutes County Right to Farm Ordinance
(Title 9.12) serves to further ensure adequate protection of the surrounding farm uses. This ordinance states in
part that "Farm and forest uses sometimes offend, annoy, interfere with or otherwise affect others located on or
near farm and forest lands... (however)... Deschutes County has concluded (in conformance with ORS chapter 30)
that persons located on or near farm and forest lands must accept resource uses and management practices".
In each of the communities, the proposed zoning standards require a 50 foot minimum yard setback for new uses
located adjacent to land zoned exclusive farm use or forest to ensure that there are no adverse effects on the
surrounding agricultural and forest uses.
FINDING: The county land use regulations for conditional uses and site plan approval require new development
proposals to include facts documenting that the function, capacity and level of service of the affected transportation
Staff Report — File No. PA -99-2 and TA -99-2
PAGE 5 of 6 — EXHIBIT "I" to ORDINANCE NO. 2002-018 (07/24/2002)
EXHIBIT "I"
facility are adequate to serve the proposed use. Single-family residences at the density allowed by the proposed
zoning will not significantly impact the function of the highway or county arterials. Deschutes Junction is served by
Highway 97. Deschutes River Woods Store is served by Baker Road which is an arterial. Spring River is served by
Spring River Road, an arterial. All of these roads are identified on the County Transportation Plan. There will be no
significant impact on any of the roads as these areas will remain rural in nature with very low growth expected. The
Rural Commercial designation will not allow any new types of uses to be developed other than those intended to
serve the surrounding communities and travelers passing through the area. The Oregon Department of
Transportation is the service provider for Highway 97, and the Deschutes County Road Department is the service
provider for the remaining roads.
FINDING: Water for all of these rural commercial areas comes from domestic wells, with the exception of the
Deschutes River Woods store which has a public water system. None of the rural commercial areas is in a
groundwater -limited area; there is no history of failing wells and there is an adequate water supply. The
conformance with state and federal water quality regulations is also implemented through provisions in the
Deschutes County Code, Title 15.
Since none of the commercial areas has a community sewer system and none is allowed under the proposed
zoning, on-site sewage disposal systems are required for new lots. Further, because the soils in these areas are
highly variable with limiting features for on-site sewage disposal appearing at shallow depths, particularly in Spring
River, each proposed new lot or parcel must demonstrate that the lot or parcel can meet DEQ on-site sewage
disposal rules and proven to be able to support an on-site sewage disposal and water supply before it is platted as
a new legal lot. Existing lots must also demonstrate that they can meet the same DEQ standards and proven to
be able to support an on-site sewage disposal and water supply before final approval for a site plan or conditional.
use permit (Section 18.74.030 of the zoning regulations).
CITIZEN INVOLVEMENT:
FINDINGS: The Rural Commercial comprehensive plan policies and zoning ordinance is the product of meetings
and phone calls with individual property owners and surrounding property owners, in addition to a work session with
the Deschutes County Planning Commission.
Prior to the Planning Commission work session, notice was sent to all property owners within the Rural
Commercial boundary regarding the work session. Notice of the first public hearing before the Planning
Commission was subsequently sent to property owners within the Rural Commercial boundary, as well as
surrounding property owners and agencies that might be affected by or interested in the outcome of this project.
The notices included the County Web Page address as well as a staff contact phone number. Interested
individuals were invited to get more information and be involved in the process.
Agencies informed about project work for the communities of Deschutes Junction, Deschutes River Woods Store
and Spring River include: Bureau of Land Management; Forest Service, State of Oregon: Department of
Transportation, Department of Land Conservation and Development, Watermaster - District 11, Department of
Forestry; County Sheriff and Road Department.
All future amendments to the plan designations and policies or zoning for these rural commercial centers must be
made in accordance with the procedures in Deschutes County Code, Title 22 and applicable provisions of the
Oregon Administration Rules and state statute(s).
Staff Report - File No. PA -99-2 and TA -99-2
PAGE 6 of 6 - EXHIBIT "I" to ORDINANCE NO. 2002-018 (07/24/2002)