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2003-158-Ordinance No. 2003-005 Recorded 3/5/2003REVIEWED LEGAL CO SEL REVIEWED CODE REV COMMITTEE �DESCHUTES COUNTY OFFICIAL RECORDS �J 1003156 NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 03/05/2003 02;19;54 PM 111111[11111111111111111111111111 Z01is I For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTY, OREGON An Ordinance Amending Title 18, the Deschutes County Zoning Ordinance, of the Deschutes County Code, to Change the Requirements for Quadrant Plans and to Adopt Standards for an On Street Parking Credit, and Declaring an Emergency. * ORDINANCE NO. 2003-005 WHEREAS, the County began a Regional Problem Solving process in 1996 to address multiple issues in South Deschutes County through a collaborative approach; and WHEREAS, one of the means of preserving water quality was to establish a new neighborhood between Wickicup Junction and La Pine and to provide incentives for new development in this area, which is now known as the Neighborhood Planning Area; and WHEREAS, the County now seeks to begin the process of developing land in the Neighborhood Planning Area; and WHEREAS, the County has identified several amendments that need to be made to the zoning regulations for the Neighborhood Planning Area to facilitate this process; and WHEREAS, the Deschutes County Planning Commission has held a public hearing on this proposal and concurs with the necessity to make these changes to the County Zoning Ordinance; and WHEREAS, the Planning Commission held a hearing on February 13, 2003, and has forwarded this matter to the Board of County Commissioners with their recommendation to adopt; and WHEREAS, the Board of County Commissioners have also held a public hearing on March 5, 2003, according to the applicable law, and concur with the necessity of making these changes to the zoning regulations; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 18.61.050, Neighborhood Planning Area, 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 stfikethretgk. Section 2. AMENDMENT. DCC 18.116.030, Off-street parking and loading, 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 st ..'�=. PAGE 1 OF 2 - ORDINANCE NO. 2003-005 (03/05/2003) Section 3. 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 this 1)-1 ) day of �klita-,—_,2003. BOARD OF COUNTY COMMISSIONERS OF DESC TES COUNTY, OREGON NNIS R. LUKE, Chair TC)X4 TIRW(1T F (`nmmiccinnar Date of 1 st Reading: day of/l , 2003. Date of 2nd Reading- day of >i% ACl/1, 2003. Record of Adoption Vote Commissioner Yes No Abstained Excused Dennis R. Luke ✓ Tom DeWolf �✓ Michael M. Daly �✓ Effective date: Stay of 1,003. ATTEST: * Tvlv�c qa4u"�-- Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. 2003-005 (03/05/2003) EXHIBIT "A" 18.61.050. Neighborhood Planning Area. development including streets or placement of utilities within a *** Neighborhood or Quadrant, a Quadrant H. Park District. The purpose of this district is Plan shall be approved according to the to provide Neighborhood Parks in each of the provisions of DCC 18.61.050. four neighborhoods within the Neighborhood 2. Eligibility to Submit an Application. Planning Area. This district may also apply Deschutes County will accept a Quadrant to an optional Regional Park that may be Plan application from a developer who located in Neighborhood 2 and or 3 during has an agreement with Deschutes County Quadrant Plan approval process. of intent to purchase land in the 1. Uses Permitted Outright. Quadrant. The County may also prepare a. Multi -use path. a Quadrant Plan. b. Open space. 3. Application Requirements. All 2. Uses Subject to Provisions of DCC applications shall include the following 18.61.050(H)(4). elements. a. Neighborhood Park. a. Zoning Plan, drawn to scale, 3. Conditional Uses. The following uses showing the boundaries of the and their accessory uses are permitted proposed zones and the acres in each subject to the development standards in zone. DCC 18.61.050(H)(5) and the applicable b. Transportation Plan, drawn to scale, provisions of DCC 18.61 and DCC including locations of street rights of 18.116, Supplementary Provisions, and way for central collector, DCC 18.124, Site Plan Review: neighborhood collector and local a. Regional Park. streets, block configurations and 4. Neighborhood Park Development connections with adjacent Quadrants. Standards. c. Non -motorized Circulation Plan a. Size standard. Neighborhood Parks showing locations of sidewalk shall be a minimum of two acres and paved and unpaved multi -use paths no more than five acres in size. and where they will connect to b. Location. Neighborhood Parks shall adjacent Quadrants, accordingto o the be located at the center of each applicable plan policies under DCC Neighborhood and be fronted on at 23.40.020 and Figure 16 of DCC least three sides by public streets Chapter 23.40. including the central collector and a d. Open Space and Park Plan, drawn to neighborhood collector. scale, defining boundaries for the c. Boundary Determination. The open space district and boundaries of the Neighborhood Neighborhood or Regional Parks Parks are generally depicted on the where applicable, according to the Neighborhood Planning Area Park applicable plan policies under DCC Plan, Figure 17 in the Deschutes 23.40.020 and Figure 17 of DCC County Comprehensive Plan, DCC Chapter 23.40. ''�._, 5-223.40.020. The exact e. Open Space Management Plan. boundaries of the Neighborhood f. Utility Plan, drawn to scale, Parks shall be established at the time identifying location and of approval of a Quadrant Plan under specifications for sewer and water DCC 18.61.050(K). facilities. The utility plan shall * * * include a schedule of improvement J. Quadrant Plan. initiation and completion and a 1. Plan Approval Required. Prior to written narrative that explains or issuance of a building permit, approval of describes: a tentative plan or initiation of PAGE 1 OF 5 - EXHIBIT "A" TO ORDINANCE NO. 2003-005 (03/05/03) EXHIBIT "A" 1. How the proposed water and sewer systems will be adequate to serve the type and size of development planned. 2. How the proposed location and sizing of facilities will be consistent with existing and planned facilities. 3. How adequate water flow volumes will be provided to meet fire flow and domestic demands. g. Proposed design guidelines and process for reviewing and approving buildings for conformance with the guidelines. Notwithstanding DCC 23.40.020(17)(1)(g), and this requirement no design guidelines shall be required for an application for Quadrant 1 c. h. A plan showing the 1et ozone boundaries for Neighborhood General and Neighborhood Center Districts. i. n + 4miye plan " of .. ing to DGG Title 17 f the first phaseA plan showing the proposed locations and dimensions of road rights-of-way. j. A phasing plan – hewing —the pr-epesed phasing of the developfaen in the Quad ."„t ik. A written burden of proof statement with findings demonstrating conformance with the goals and policies of The Deschutes County Comprehensive Plan, DCC 23z,223.40.020, the applicable sections of DCC 18.61, and any other applicable provisions of DCC Title 18. ki. A proposal for deed restrictions, Covenants, Conditions and Restrictions (CCRs), and a homeowners association. Notwithstanding DCC 23.40.020(F)(1)(g) and (h), no proposal for deed restrictions CCRs, and a homeowners association shall be required with an application for a quadrant plan for Quadrant 1 c. the st"..a"..a" e f DGC 18.124, Site Plan Review-. 4. Quadrant Plan Approval. Approval of a Quadrant Plan is a land use action and shall be reviewed under the provisions of DCC 22.20.020. Notwithstanding the order of hearings bodies listed under DCC 22.24.020(A), Quadrant Plans shall be subject to a public hearing before the Deschutes County Planning Commission. The Planning Commission shall make the decision to approve or deny an application for a quadrant plan. The Board of County Commissioners will act as the hearings body on an appeal of such a decision. An appeal of a quadrant plan decision shall be considered pursuant to DCC Chapter 22.32, Appeals. A Quadrant Plan may be approved subject to conditions with findings that the following criteria are met: a. The Quadrant Plan contains all of the elements required in DCC 18.61.050(J)(3). b. The Quadrant Plan conforms to the policies in the Deschutes County Comprehensive Plan, DCC 23�z23.40.020. c. There is adequate sewer and water capacity to serve the development planned for the Quadrant and agreements to provide service have been signed with appropriate water and sewer districts or providers. d. The streets proposed in the Quadrant Transportation Plan conform to the general location and connection requirements of the La Pine Neighborhood Street Plan, Figure 15 in the Deschutes County Comprehensive Plan, DCC 2��z23.40.020. The proposed street design conforms to the standards in DCC Title 17, Table 2 for the La Pine Neighborhood Planning Area. Final locations of road ri ts-of-wayqpproved under a quadrant plan will be determined PAGE 2 OF 5 - EXHIBIT "A" TO ORDINANCE NO. 2003-005 (03/05/03) e. f. 9. EXHIBIT "A" through the process for approval of a Quadrant 4a may be zoned tentative plat under DCC Title 17. Community Facility Limited. The paved and unpaved multi -use 4. Residential Center District. paths are located within or adjacent Each Quadrant except Quadrant to the Perimeter or Corridor Open lc and Id shall have a Space as generally shown in the Residential Center District with a Non -Motorized Plan, Figure 16 in minimum of three acres and a the Deschutes County maximum of six acres. The area Comprehensive Plan, DCC of the Residential Center District 2-3.2223.40.020. is gross acres including public The open space in the Open Space rights of way. The Residential and Park Plan conforms to the Center District shall be a standards in Deschutes County contiguous area located so that it Comprehensive Plan, DCC is adjacent to both the central 23.36.052(D)23.40.020 and general collector and the collector street location shown in the La Pine that bisects the Neighborhood. Neighborhood Parks and Open Space 5. Residential General District. Plan, Figure 17 in the The area zoned Residential Comprehensive Plan. DCC General shall be the area in each 23.40.020. Quadrant that remains after the The Zoning Plan conforms to the mandatory minimum Residential following performance standards: Center, Neighborhood Parks and 1. Neighborhood Commercial Open Space zoning is defined. District. A minimum of two and 6. Neighborhood Park District. a maximum of four acres of Where a Neighborhood Park is Neighborhood Commercial specified on the La Pine District shall be established in Neighborhood Parks and Open Quadrant 3a or 3c. Space Plan (Figure 17 in the Alternatively, if Quadrant Plans Deschutes County for Quadrant 3a and 3c are Comprehensive Plan, DCC approved at the same time, the ''2.2�z23.40.020, the maximum area of Neighborhood Quadrant Plan shall zone a Commercial District may be minimum of two acres and a divided between the two maximum of five acres as Quadrants. The Neighborhood Neighborhood Park District. Commercial zone shall be The Neighborhood Park District located at the intersection of shall be located at the Huntington Road and the intersection of the central neighborhood collector that collector and the neighborhood bisects Neighborhood 3. collector that that bisects the 2. Community Facility District. Neighborhood. Quadrant lc shall be zoned as 7. Open Space District. The Community Facility District. Quadrant Plan shall designate the 3. Community Facility Limited following minimum areas as District. The portion of Open Space District: Quadrant 3a that is located west i. Minimum 200 foot wide of Huntington Road shall be Corridor Open Space Buffer zoned Community Facility between Neighborhoods 1 Limited. A maximum of 15 and 2; 2 and 3; and 3 and 4. acres in the northwest section of PAGE 3 OF 5 - EXHIBIT "A" TO ORDINANCE NO. 2003-005 (03/05/03) EXHIBIT "A" ii. Minimum 200 foot wide Perimeter Open Space adjacent to Highway 97. iii. Minimum 75 foot wide Perimeter Open Space adjacent to Huntington and Burgess Roads. iv. Minimum 50 foot wide Perimeter Open Space on the west edge of Quadrants 4a and 4c. 8. The proposed residential densities and lot sizes conform with the requirements of the Residential General and Residential Center Zones as further described as follows in Tables 1 and 2: PAGE 4 OF 5 - EXHIBIT "A" TO ORDINANCE NO. 2003-005 (03/05/03) EXHIBIT "A" TABLE 2. La Pine Neighborhood Planning Area Zoning Standards (continued) RESIDENTIAL RESIDENTIAL COMMUNITY I COMMUNITY INEIGHBORHOOD GENERAL CENTER FACILITY I FACILITY I COMMERCIAL LIMITED Maximum 35 percent 50 percent 60 percent 60 percent 50 gercent Min. from front of building 10 feet 5 feet 5 feet N/A w Maximum Perimeter 2,000 1,600 1,200 N/A 1,200 feet Maximum block length without 600 feet 600 feet 400 feet 800 600 feet pedestrian connection % Building at front lot line N/A Lel"HEIG� x., N/A N/A N/A Primary 30' 40' except Res. 45' except Res. 45' 30' General General standards apply standards apply to single family. to single family. Townhomes 35 Townhomes 35 ft. max. ft. max. 20' 25' 30' 30' 25' Accessory Dwelling or Building Higher with Conditional Use NO YES up to 40 feet YES YES NO Permit Front lot line 20 feet 10 feet 10 feet N/A N/A Min. from front of building 10 feet 5 feet 5 feet N/A N/A MINIMUM ONSITE DCC 18.116 DCC 18.116 DCC 18.116 DCC 18.116 DCC 18.116 PARKING % Building at front lot line N/A 50% min.(23) N/A N/A N/A NOTES: (1) Gross acres, excluding collector street right of way (2) Must met clear vision requirements of DCC 18.116.020 (3) The block requirements not applicable to review and approval of quadrant plans. (Ord. 2003-005 § 1, 2003; Ord. 2001-044 § 3, 2001; Ord. 2001-037 § 2, 2001; Ord. 2000-015 § 2, 2000) PAGE 5 OF 5 - EXHIBIT "A" TO ORDINANCE NO. 2003-005 (03/05/03) EXHIBIT "B" 18.116.030. Off-street parking and loading. 93-043 § 19, 1993; Ord. 91-038 § 1, *** 1991; Ord. 91-020 § 1, 1991; Ord. E. General Provisions. Off -Street Parking. 90-017 § 1, 1990) 6. On -Street Parking Credit. Notwithstanding DCC 18.116.030(G)(2), within commercial zones in the La Pine Planning Area and the Terrebonne and Tumalo unincorporated communities, a parking credit shall be given at a rate of one off-street parking space for every one on -street parking space adjacent to a propeM gp to 30% of the required off- street parking. On -street parking shall follow the established configurations in the parking design standards under DCC 18.116.030 Table 1. To be considered for the parking credit the proposed parking surface along the street frontage under review, must have a defined curb line and improved as required under DCC Chapter 17 48 with existing_ pavement or an engineered gravel surface. For purposes of establishing credit, the following constitutes an on -street parking space: a. Parallel parking (0 degree), each 20 feet of uninterrupted curb; b. Dial parking (60 degree), each with 11 feet of curb; c Perpendicular parking .90 degree), each with 10 feet of curb; d. Curb mace must be connected to the lot that contains the use; e. Parking, spaces that would not obstruct a required clear vision area, nor any other parking that violates any or street standard; and f. On -street parking spaces credited for a specific use may not be used exclusively by that use, but shall be available for general public use at all times. No signs or actions limiting general public use of on - street spaces is permitted. (Ord. 2003-005 § 2, 2003; Ord. 2002- 015 § 2, 2002, Ord. 2001-044 § 4, 2001; Ord. 97-078 § 6, 1997; Ord. 96-003 § 7, 1996; Ord. 93-063 § 2, 1993; Ord. PAGE 1 OF 1 - EXHIBIT "B" TO ORDINANCE 2003-005 (03/05/03)