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2002-1196-Ordinance No. 2002-033 Recorded 9/25/2002REVIEWED 7L�� LEGAL OUNSEL WED CODE REVIEW COMMITTEE COUNTY OFFICIALry MARYHSUE SPENHOLLOW, COUNTYRCLERKS 1V 2002'1176 COMMISSIONERS' JOURNAL 09/25/2002 04:28:02 PM IIIIIIIIIIIII IIII IIIIIIII III III ?0020011066 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 18, the Deschutes County Zoning Ordinance, of the Deschutes * ORDINANCE NO. 2002-033 County Code, to amend the regulations for shopping complexes, and Declaring an Emergency. WHEREAS, the Board of County Commissioners recognize a potential conflict between the regulations guiding development of commercial buildings on individual lots and the application of these regulations to review of shopping complexes; and WHEREAS, Deschutes County Planning staff have presented and discussed this issue with the Deschutes County Planning Commission; and WHEREAS, the Planning Commission have considered the matter and forwarded it to the Board of Commissioners for a public hearing; and WHEREAS, the Board of County Commissioners find that it is in the public's interest to amend the zoning regulations of Deschutes County to allow the orderly development of shopping complexes in unincorporated communities by allowing interior buildings to be oriented to interior streets but still requiring perimeter buildings to be oriented to public streets; and WHEREAS, the Board of County Commissioners has considered the testimony and evidence in the record of the public hearing conducted on September 25, 2002, now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 18.124.070 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 PAGE 1 OF 2 - ORDINANCE NO. 2002-033 (9/25/2002) Section 2. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED thi day of 52002. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TOM R. LUKE, Commissi �--zz"/: �/' I e -'Z' - C AEL . DALY, C missioner Date of 1" Reading: 12" day of 'J,*—,.2002. Date of 2nd ReadingCeday of , 2002. Record of Adoption Vote Commissioner Yes No Abstained Excused Tom DeWolf Dennis R. Luke Michael M. Daly (/ Effective date: eq_ day of , 2002. ATTEST: r J Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. 2002-033 (9/25/2002) EXHIBIT "A" 18.124.070, Required minimum standards. A. Private or shared outdoor recreation areas in residential developments. 1. Private Areas. Each ground -level living unit in a residential development subject to site plan approval shall have an accessible outdoor private space of not less than 48 square feet in area. The area shall be enclosed, screened or otherwise designed to provide privacy for unit residents and their guests. 2. Shared Areas. Usable outdoor recreation space shall be provided for the shared use of residents and their guests in any apartment residential development, as follows: a. Units with one or two bedrooms: 200 square feet per unit. b. Units with three or more bedrooms: 300 square feet per unit. 3. Storage. In residential developments, convenient areas shall be provided for the storage of articles such as bicycles, barbecues, luggage, outdoor furniture, etc. These areas shall be entirely enclosed. B. Required Landscaped Areas. 1. The following landscape requirements are established for multi -family, commercial and industrial developments, subject to site plan approval: a. A minimum of 15 percent of the lot area shall be landscaped. b. All areas subject to the final site plan and not otherwise improved shall be landscaped. 2. In addition to the requirement of DCC 18.124.070(B)(1)(a), the following landscape requirements shall apply to parking and loading areas: a. A parking or loading area shall be required to be improved with defined landscaped areas totaling no less than 25 square feet per parking space. b. In addition to the landscaping required by DCC 18.124.070(B)(2)(a), a parking or loading area shall be separated from any lot line adjacent to a roadway by a landscaped strip at least 10 feet in width, and from any other lot line by a landscaped strip at least five feet in width. c. A landscaped strip separating a parking or loading area from a street shall contain: i. Trees spaced as appropriate to the species, not to exceed 35 feet apart on the average. ii. Low shrubs not to reach a height greater than three feet zero inches, spaced no more than eight feet apart on the average. iii. Vegetative ground cover. 3. Landscaping in a parking or loading area shall be located in defined landscaped areas which are uniformly distributed throughout the parking or loading area. 4. The landscaping in a parking area shall have a width of not less than five feet. 5. Provision shall be made for watering planting areas where such care is required. 6. Required landscaping shall be continuously maintained and kept alive and attractive. 7. Maximum height of tree species shall be considered when planting under overhead utility lines. C. Nonmotorized Access. 1. Bicycle Parking. The development shall provide the number and type of bicycle parking facilities as required in DCC 18.116.031 and 18.116.035. The location and design of bicycle parking facilities shall be indicated on the site plan. 2. Pedestrian Access and Circulation: a. Internal pedestrian circulation shall be provided in new PAGE 1 OF 3 - ORDINANCE NO. 2002-033 (09/25/2002) b. on e EXHIBIT "A" commercial, office and multi -family residential developments through the clustering of buildings, construction of hard surface pedestrian walkways, and similar techniques. Pedestrian walkways shall connect building entrances to one another and from building entrances to public streets and existing or planned transit facilities. On-site walkways shall connect with walkways, sidewalks, bikeways, and other pedestrian or bicycle connections on adjacent properties planned or used for commercial, multi -family, public or park use. Walkways shall be at least five feet in paved unobstructed width. Walkways which border parking spaces shall be at least seven feet wide unless concrete bumpers or curbing and landscaping or other similar improvements are provided which prevent parked vehicles from obstructing the walkway. Walkways shall be as direct as possible. Driveway crossings by walkways shall be minimized. Where the walkway system crosses driveways, parking areas and loading areas, the walkway must be clearly identifiable through the use of elevation changes, speed bumps, a different paving material or other similar method. To comply with the Americans with Disabilities Act, the primary building entrance and any walkway that connects a transit stop to building entrances shall have a maximum slope of five percent. Walkways up to eight percent slope are permitted, but are treated as ramps with special standards for railings and landings. 53 Commercial Development Standards: 1. New commercial buildings shall be sited at the front yard setback line for lots with one frontage, and at both front yard setback lines for corner lots, and oriented to at least one of these streets, except in the Sunriver UUC Business Park (BP) District and the La Pine UUC Business Park (LPBP) District. For lots • ith fname than twe ffent yards, the building(s) shall be or -ie it d to the ti busies streets: The building(s) and any eaves, overhangs or awnings shall not interfere with the required clear vision area at corners or driveways. 2. To meet the standard in paragraph (1) of this subsection buildings developed as part of a shopping complex, as defined by this title and planned for the interior, rear or non - street side of the complex may be located and oriented toward private interior streets within the development if consistent with all other standards of paragraph (1) above and this paragraph. Interior streets used to satisfy this standard may have on -street parking and shall have sidewalks along the street in front of the building. Such sidewalks shall connect to existing or future sidewalks on public streets accessing the site. The master plan for the shopping complex shall demonstrate that at least one half of the exterior perimeter of the site that abuts each public street, will be developed with buildings meeting the standards of paragraphs D)(1) or (D)(3) of this subsection. 23. An increase in the front yard setback may be allowed where the applicant can demonstrate that one or more of the following factors makes it desirable to site the new building atbeyond the minimum street setback: a. Existing development on the site; PAGE 2 OF 3 - ORDINANCE NO. 2002-033 (09/25/2002) EXHIBIT "A" b. Lot configuration; c. Topography of the lot; d. Significant trees or other vegetative features that could be retained by allowing a greater setback; e. Location of driveway access. Such an increase in the front yard shall be the minimum necessary to accommodate the reason for the increase. f. Architectural features, driveways, landscaping areas equal to or greater than the depth of the structure, and outdoor commercial areas, when at least one half of the structure meets the minimum street setback. 34. Off-street motor vehicle parking for new commercial developments in excess of 10,000 square feet shall be located at the side or behind the building(s), except in the Sunriver UUC Business Park (BP) District. Off-street parking proposed with a shopping_ complex, as defined by this title and intended to serve buildings located in the interior or rear of the complex may have parking in front of the building provided the overall master plan for the site satisfies paragraph (2) of this subsection. (Ord. 2002-033 § 1, 2002; Ord. 2001-044 § 5, 2001; Ord. 97-078 § 7, 1997; Ord. 93-063 § 3, 1993; Ord. 93-043 § 22B, 1993; Ord. 93-005 § 8, 1993) PAGE 3 OF 3 - ORDINANCE NO. 2002-033 (09/25/2002)