2003-150-Ordinance No. 2003-008 Recorded 2/27/2003REVIEWED
LEGAL COUNSEL
REVIEWED
Gi&�'
CODE REVIEW COMMITTEE
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
III III I II IIIIIIIIII I
IIIIIIII
0-0 10
CLERKDS
02/27/2003 02:51:28 PM
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 County
Code, to amend the size limitation for commercial
uses in the Commercial/Residential District of the
Wickiup Planning Area, and Declaring an
Emergency.
* ORDINANCE NO. 2003-008
*
WHEREAS, Gordon Wanek has initiated an amendment to Title 18, the Deschutes County Zoning
Ordinance, of the Deschutes County Code (File Number TA -02-11) to increase building size limitations for
commercial buildings and to increase tourist and travelers accommodations up to 100 units, provided the use is
served by a community water system as that term is defined in OAR 660-22-010 (2); and
WHEREAS, the Deschutes County Planning Commission conducted a public hearing on the proposed
text amendment on December 12, 2002, and forwarded the proposed amendment to the Board of County
Commissioners with a recommendation that said amendment be adopted pursuant to changes recommended by
staff in their draft exhibit; and
WHEREAS, the existing language of the code limits commercial uses in a building or buildings to 4,000
square feet without the ability for a larger commercial building or buildings; and
WHEREAS, the proposed text amendment to Title 18 of the Deschutes County Code is desirable
because the Wickiup Junction Planning Area is now included as part of the La Pine Urban Unincorporated
Community (UUC) Boundary; and
WHEREAS, the existing square footage limitation of 4,000 square feet for commercial buildings may
hinder efficient future commercial development; and
WHEREAS, the proposed changes to the Wickiup Junction Planning Area will allow for buildings at a
scale similar to that permitted in the La Pine Commercial District; and
WHEREAS, after notice was given and a hearing conducted on February 12, 2003 for File Number TA -
02 -11 before the Board of County Commissioners in accordance with applicable law, the Board of County
Commissioners has considered the proposed amendments; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 18.61.040 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
stfikethfough.
PAGE 1 OF 2 - ORDINANCE NO. 2003-008 (2/26/03)
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 thisL,Ai qday of , 2003.
BOARD OF COUNTY COMMISSIONERS
OF DESC TYS COUNTY, OREGON
DENNIS R. LUKE, Chair
TOM DEWOLF, Commissioner
MICR EL A DALY, Co issioner
�J� � r
Date of 1St Reading: U6 day of �/Zt4V,J,2003.
Date of 2nd Reading: G ? day of -�)J'�2003.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke
Tom DeWolf v
Michael M. Daly
Effective date: day of 003.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2003-008 (2/26/03)
EXHIBIT "A"
18.61.040 Wickiup Junction
Planning Area. The Wickiup Junction
Planning Area is composed of one
Commercial/Resid*ential zoning district
with its own set of allowed uses and
regulations, as further set forth in DCC
18.61.040.
B. Uses Permitted Subject to Site Plan
Review. The following uses and their
accessory uses are permitted in ., building of
buildings + exeeeding 4,000 squafe oe
f ^^r space and subject to applicable
provisions of DCC 18.61 and DCC 18.116,
Supplementary Provisions, and DCC
18.124, Site Plan Review:
1. Park playground and community
building.
2. Public Use.
3. A building or buildings not exceedin--
8 000 square feet of floor space housing
any combination of-
-17a. Retail
f-17a_Retail store, office and service
establishment.
4-.b. Residential use in conjunction with
a permitted use.
-3-.c. Art studio in conjunction with a
permitted use.
4A. Medical clinic.
Vie. Automobile service station.
6:f. Car wash.
g
b.,
8.Publie use.
9-.g._Day care facility.
440 -Ji. Restaurant and cocktail lounge.
447�i_Club and fraternal lodge.
4?j_Automobile and trailer sales.
4-31. Any new use, or the expansion of
an existing use, allowed under DCC
18.61.040(B)(3) housed in a building or
buildings exceeding 8,000 square feet of
floor space, but not greater than 12,000
square feet of floor space, subject to the
provisions of DCC 18.61.040 (D).
C. Conditional Uses Permitted. The
following uses and their accessory uses are
permitted subject to applicable provisions of
DCC 18.61 and DCC 18.116,
Supplementary Provisions, DCC 18.124,
Site Plan Review, and DCC 18.128,
Conditional Uses:
1. Multi -family dwelling with three or
more units.
2. Teur-ist and travelers' aeeemmed4ions
of up to 3 5 units, provided the use is -
that ter -fn is defified in OAR 660 22
010(2)—.Tourist and travelers'
accommodations of up to 100 units,
provided the use is served by a
community water system as that term is
defined in OAR 660-22-010 (2).
3. Manufactured home park.
4. Travel trailer park.
5. Cluster development.
6. Church.
7. School.
8. Excavation, grading and fill and
removal within the bed and banks of a
stream or river or in a wetland subject to
DCC 18.120.050 and DCC 18.128.270.
9. Water supply and treatment facility.
10. Utility facility, except landfill.
11. Television and radio station with or
without a transmitter tower.
12. Nursing home.
13. Residential care facility for more than
15 people.
1 A A building buildings + e�Eeeedi*g
-r, . rrvm�niirg-o�ry c[i �.a''mg��=ror
4,000 squafe feet „f Floor- space
housing.
enelosed kennel.
b n„+ eb•l
e. ',,.,,.,, a -e .,1 amusemen , 1
rl Shoppingeefnple�i ,bjeet to a
nor
Page 1 of 2 – EXHIBIT "A" TO ORDINANCE NO. 2003-008 (02/26/03)
EXHIBIT "A"
14. A building or buildings not exceeding
8,000 square feet of floor space
housing any combination of-
a.
£
a. Veterinary clinic including
enclosed kennel
b. Automobile repairag rage.
c. Commercial amusement and
recreation establishment.
d. Shopping complex subject to a
master plan.
e. Mini -storage facility.
f. Uses accessory to the uses
identified in DCC 18.61.040.
15. Any new use, or the expansion of an
existing use allowed under DCC
18.61.040 (14) housed in a building or
buildings exceeding 8,000 square feet,
but not greater than 12,000 square feet,
subject to the provisions of DCC
18.61.040 (D).
416. Wireless telecommunications
facilities, except those facilities meeting the
requirements of DCC 18.116.250(A) orf (B).
D. Special Requirements for Large Scale
uses. Any of the uses listed in DCC
18.61.040(B)(3) and 18.61.040
(B)(3)(m) mgy be allowed in a building
or buildings exceeding 8,000 square feet
of floor space but not greater than
12,000 square feet of floor space if the
Planning Director or Hearings Body_
finds based on evidence submitted by
the applicant:
a. That the intended customers for the
proposed use will come from the
community and surroundingrural
ural
area, or the use will meet the travel
needs of the people passing through
the area;
b. The use will primarily employa
work force from the community and
surrounding rural area; and
c. That it is not practical to locate the
use in a building or buildings under
8,000 square feet of floor space but
could locate the use in a building
not exceeding 12,000 square feet of
floor space.
E. For the purposes of DCC 18.61.040, the
surrounding rural area shall be that area
identified in the map depicted as Figure
5 in the La Pine Urban Unincorporated
Community section of the
Comprehensive Plan.
(Ord. 2003-008 § 1 Ord. 2002-015 § 1,
2000-015 § 2, 2000; Ord. 97-063 § 3, 1997;
Ord. 96-007 § 1, 1996)
Page 2 of 2 — EXHIBIT "A" TO ORDINANCE NO. 2003-008 (02/26/03)