2004-1453-Ordinance No. 2004-024 Recorded 12/21/2004REVIEWED
LEGAL eOUNSEL
REVIEWED
CODE REVIEW COMMITTEE
COUNTY OFFICIAL
NANCYUTES BLANKENSHIP, COUNTY CLERKOS w 2004.1453
COMMISSIONERS' JOURNAL 12/Z1/1004 03;44;06 PM
111111111IIIIIIIIIIIIIIIII 11111
2004-3463
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 18, the Deschutes
County Zoning Ordinance, to amend provisions * ORDINANCE NO. 2004-024
for cluster developments, and Declaring an
Emergency.
WHEREAS, Pennbrook Homes, Inc. applied for a text amendment to the Deschutes County Code
(DCC), File No. TA -04-1, to amend provisions for cluster developments in the County; and
WHEREAS, in 2001 the Oregon Land Conservation and Development Commission (LCDC) created
new and amended administrative rules governing lands designated for rural development; and
WHEREAS, pursuant to ORS Chapter 197, Deschutes County must implement land use regulations in
accordance with state law; and
WHEREAS, on June 24, 2004, August 12, 2004, and August 26, 2004, the Deschutes County Planning
Commission held public hearings on the proposed amendments to the regulations for cluster developments; and
WHEREAS, the Deschutes County Planning Commission recommended adoption of the amendments
before the Board;
WHEREAS, on October 13, 2004, November 8, 2004 and December 6, 2004, the Board of County
Commissioners ("Board") held public hearings on the proposed amendments to the regulations for cluster
developments; and
WHEREAS, the Board finds that it is in the public interest to make the County's land use regulations
consistent with state law and that, with the text amendments attached as Exhibits A and B, the Deschutes County
Code will comply with OAR 660-04-0040(7)(e) while maintaining protection of open space; now therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESC14UTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Chapter 18.04, Definitions, is amended to read for those definitions
described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in s#ilEet�.
PAGE 1 OF 2 - ORDINANCE NO. 2004-024 (12/20/04)
Section 2. AMENDMENT. DCC Chapter 18.128, Conditional Uses, 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 str--ilcethr-eugk.
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 ' ! day of 2004.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTX, OREGON
VA
TOM DE LF, Cosmo er
IS R. LUKE, tommissioner
Date of 1 S` Reading: ,b day of n 2004.
Date of 2"d Reading: day of2004.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Michael M. Daly
Tom DeWolf V
Dennis R. Luke l/
Effective date: r day of2004.
ATTEST:IF
I /�)��
iM.CJ L- .
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2004-024 (12/20/04)
EXHIBIT "A"
DCC 18.04.030, Definitions.
"Clear vision area" means a triangular area on the corner of a lot at the intersection of two streets or
a street and a railroad. Two sides of the triangle are sections of the lot lines adjoining the street or
railroad measured from the corner to a distance specified in DCC 18.116.020(B). Where lot lines
have rounded corners, the specified distance is measured from a point determined by the extension
of the lot lines to a point of intersection. The third side of the triangle is the line connecting the
ends of the measured sections of the street lot lines.
"Cluster development" means a planned development, at least r:v e, permitting the
clustering of single or multi -family residences on one part of the property, with individual lots of
not less than two acres in size and not exceeding twe three acres in size. individual let- -
e8fifivous to one anether- exeept fer- eeeasieonaal eeewiddar-s te allow for- human passage, wildlife
tmwel neAur-al fea4 rvs s eh as a s4feafn or- bluff-. No commercial or industrial uses not allowed by
the applicable zoning ordinance are permitted.
"Commercial agricultural enterprise" means farm operations which will:
A. Contribute in a substantial way to the area's existing agricultural economy; and
B. Help maintain agricultural processors and established farm markets. When determining
whether a farm is part of a commercial agricultural enterprise, not only what is produced, but
how much and how it is marketed shall be considered.
"Nursing home" means any home, institution or other structure maintained or operated for the
nursing or care of 16 or more ill, aged or infirm adults not requiring hospital care or hospital
facilities.
"Open space" means lands used for agricultural or forest uses and any land area that would, if
preserved and continued in its present use,,—_
A. Ceonserve and enhance natural or scenic resources;
B. Pprotect air, streams or water supply;
C. Ppromote conservation of soils, wetlands, beaches or marshes;
D. Ceonserve landscaped areas such as public or private golf courses, that reduce pollution and
enhance the value of adjoining or neighboring property;
E. Eenhance the value to the public of adjoining or neighboring parks, forests, wildlife preserves,
nature reservations or other open space;
F. Eenhance recreation opportunities;
G. Ppreserve historic, geological and archeological sites;
H. !!promote orderly urban development; and
I. Mminimize conflicts between farm and nonfarm uses.
"Open space buffer" means the open space designated on the La Pine Urban Unincorporated
Community, La Pine Neighborhood Planning Area Parks and Open Space Plan, Figure 17 in DCC
23.36.052, the Deschutes County Comprehensive Plan. The open space buffer provides space between
the Neighborhoods and Highway 97, Huntington Road, Burgess Road and the existing subdivision
adjacent to the La Pine Neighborhood Planning Area.
PAGE 1 OF 2 — EXHIBIT "A" TO ORDINANCE 2004-024 (12/20/04)
EXHIBIT "A"
(Ord. 2004-024 § 1, 2004; Ord. 2004-001 § 1, 2004; Ord. 2003-028 § 1, 2003; Ord. 2001-048 § 1,
2001; Ord. 2001-044 § 2, 2001; Ord. 2001-037 § 1, 2001; Ord. 2001-033 § 2, 2001; Ord. 97-078 §
5, 1997; Ord. 97-017 § 1, 1997; Ord. 97-003 § 1, 1997; Ord. 96-082 § 1, 1996; Ord. 96-003 § 2,
1996; Ord. 95-077 § 2, 1995; Ord. 95-075 § 1, 1975; Ord. 95-007 § 1, 1995; Ord. 95-001 § 1, 1995;
Ord. 94-053 § 1, 1994; Ord. 94-041 §§ 2 and 3, 1994; Ord. 94-038 § 3, 1994; Ord. 94-008 §§ 1, 2,
3, 4, 5, 6, 7 and 8, 1994; Ord. 94-001 §§ 1, 2, and 3, 1994; Ord. 93-043 §§ 1, 1A and 1B, 1993; Ord.
93-038 § 1, 1993; Ord. 93-005 §§ 1 and 2, 1993; Ord. 93-002 §§ 1, 2 and 3, 1993; Ord. 92-066 § 1,
1992; Ord. 92-065 §§ 1 and 2, 1992; Ord. 92-034 § 1, 1992; Ord. 92-025 § 1, 1992; Ord. 92-004 §§
1 and 2, 1992; Ord. 91-038 §§ 3 and 4, 1991; Ord. 91-020 § 1, 1991; Ord. 91-005 § 1, 1991; Ord.
91-002 § 11, 1991; Ord. 90-014 § 2, 1990; Ord. 89-009 § 2, 1989; Ord. 89-004 § 1, 1989; Ord. 88-
050 § 3, 1988; Ord. 88-030 § 3, 1988; Ord. 88-009 § 1, 1988; Ord. 87-015 § 1, 1987; Ord. 86-056 §
2, 1986; Ord. 86-054 § 1, 1986; Ord. 86-032 § 1, 1986; Ord. 86-018 § 1, 1986; Ord. 85-002 § 2,
1985; Ord. 84-023 § 1, 1984; Ord. 83-037 § 2, 1983; Ord. 83-033 § 1, 1983; Ord. 82-013 § 1, 1982)
PAGE 1 OF 2 - EXHIBIT "A" TO ORDINANCE 2004-024 (12/20/04)
EXHIBIT "B"
18.128.200. Cluster development (single-family residential uses only).
A. Such uses may be authorized as a conditional use only after consideration of the following
factors:
1. Need for residential uses in the immediate area of the proposed development.
2. Environmental, social and economic impacts likely to result from the development,
including impacts on public facilities such as schools and roads.
3. Effect of the development on the rural character of the area.
4. Effect of the development on agricultural, forestry, wildlife or other natural resource uses in
the area.
B. The conditional use shall not be granted unless the following findings are made:
, ineltiding a All development and alterations of the natural landscape,
will be limited to 35 percent of the land and at least 65 percent shall be kept in open space
uses. The afea ;f develepment shall be measur-ed b dr-awingeentinuetis line e&eund the
a f e„`tea Mwea 150 feet en either- side of any let, building, read of other- e>�T In cases
where the natural landscape has been altered or destroyed by prior land use, such as
surface mining, dam construction or timber removal, the Counjy may allow reclamation
and enhancement of the open space area if enhancement creates or improves wetlands
creates or improves wildlife habitat, restores native vegetation or provides for agricultural
or forestry use of the property after reclamation.
2. The area not dedicated to open space or common use may be platted as residential dwellin
lots or parcels that are a minimum of two acres and a maximum of three acres in size.
Their use shall be restricted to single-family use. Single-familv use may include accessory
uses and County authorized home occupations. Uses permitted in the open space area may
include the management of natural resources, trail systems or other outdoor uses that are
consistent with the character of the natural landscape.
3. In the Wildlife Area Combining Zone, in addition to compliance with the WA zone
development restrictions, uses and activities must be consistent with the required Wildlife
Management Plan. The Plan shall be approved if it proposes all of the following in the
required open space area:
a. Preserves, protects and enhances wildlife habitat for WA zone protected species as
specified in the County Comprehensive Plan (DCC Title 23); and
b. Prohibits golf courses, tennis courts, swimming_ pools, marinas, ski runs or other
developed recreational uses of similar intensity. Low intensity recreational uses such
as properly located bicycle, equestrian and pedestrian trails, wildlife viewing areas and
fitness courses may be permitted; and
c. Provides a supplemental, private open space area on home lots by imposing special
yard setback of 100 feet on yards adjacent to required open space areas. In this yard
no structures other than fences consistent with DCC 18.88.070 may be constructed.
The size of the yard may be reduced during development review if the Cou= finds
that, through the review of the wildlife management plan, natural landscape protection
or wildlife values will achieve equal oregr ater protection through the approval of a
reduced setback. In granting aadjustment, the Counly ma require that a specific
building envelope be shown on the final plat or may impose other conditions that
PAGE 1 OF 5 — EXHIBIT `B" TO ORDINANCE NO. 2003-024 (12/20/04)
EXHIBIT "B"
assure the natural resource values relied upon to justify the exception to the s ep cial
yard requirements will be protected.
d. Off-road motor vehicle use shall be prohibited in the open sace area.
e. Adequate corridors on the cluster pro e�rty to allow for wildlife passage through the
development.
3 4. All lots within the development shall be contiguous to one another except for occasional
corridors to allow for human passage wildlife travel natural features such as a stream or
bluff or development of property divided by a public road which shall not be wider than the
average lot width, unless the Planning Director or Hearings Body finds that special
circumstances warrant a wider corridor.
4. in the nim! zeftes, the elester- development shall be leeated en the least pr-eduetive land.
All applicable subdivision or partition requirements contained in DCC Title 17, the
Subdivision/Partition Ordinance, shall be met.
The total number of units may shall be established by reference to the lot size standards of
the applicable zoning district and combining zones e*eeed the ever -all densit-y established
by the Fainimtiffi lot size of the zene in whieh the development is pr-opesed by net fner-e
The open space of the proposed development shall mai` be platted as a separate parcel or in
common ownership of some or all of the clustered lots or parcels tits. For any open space
or common area provided as a part of the cluster development the owner shall submit proof
of deed restrictions recorded in the County records The deed restrictions shall preclude all
future rights to construct a residential dwelling on the lot parcel or tract designated as open
space or common area for as long as the lot parcel or tract remains outside an urban growth
boundary. The deed shall also assure that the use of the open space shall be continued in
the use allowed by the approved cluster development planM AV.ever flfie open area s »
not be subjeet to developmew unless the whole development is brought inside an urban
growth boundary. If open space is to be owned by a homeowner's association or if private
roads are approved, a homeowner's association must be formed to managepen space
and/or road areas. The bvlaws of the association must be recorded prior to or concurrent
with the filing of the final plat If the open space is located within the Wildlife Area
Combining Zone the management plan for the open space must be recorded with the deed
restrictions or bylaws of the homeowner's association
Notwithstanding any provision to the contrary in other parts of the County's land use
regulations. Rroads within a cluster the development shall meet th S of the
GewAy Read Lepai4fnent aiid shall be eeasidefed mqy be private roads and lots or parcels
may be created that front on private roads only. These roads must meet the private road
standards of DCC Title 17, and are not subject to public road standards under DCC Title
17. An agreement acceptable to the Road Department and County Legal Counsel shall be
required for the maintenance ofrip vate these roads. Public roads mgy be required where
street continuation standards of DCC Title 17 call for street connections and the County
finds that the benefits of street extension are significant and needed in the future given the
established pattern of street development on adjoining` properties and transportation
distribution needs. The area dedicated for public road rights of way within or adjacent to a
PAGE 2 OF 5 — EXHIBIT `B" TO ORDINANCE NO. 2003-024 (12/20/04)
EXHIBIT "B"
planned or cluster development or required by the County during cluster development
review shall be subtracted from the gross acreage of the cluster development prior to
calculating compliance with opens ace requirements
449.All service connections shall be the minimum length necessary and underground where
feasible.
10. The number of new dwelling units to be clustered does not exceed 10
11. The number of new lots or parcels to be created does not exceed 10
12. The development is not to be served by a new community sewer system or by any new
extension of a sewer system from within an urban growth boundary or from within an
unincorporated community.
13. The development will not force a significant change in accepted farm or forest practices on
nearby lands devoted to farm or forest use and will not significantly increase the cost of
accepted farm or forest practices there.
14. All dwellings in a cluster development must be setback a minimum of 100 feet from the
boundary line of an adiacent lot zoned Exclusive Farm Use that is receiving special
assessment for farm use.
C. All applications shall be accompanied by a plan with the following information:
A plat map meeting all the subdivision requirements of DCC Title 17, the
Subdivision/Partition Ordinance.
A draft of the deed restrictions required by DCC 18.128.200(B)(7). An epees -wee
ManageffieR4 plan W-hieh ifteludes designation of proposed epeff spaee en the plat, a "t4ef*
3. A written document egr-eement stablishing an acceptable homeowners association assuring
the maintenance of common propertyi, f any, in the development. The document shall
include a method for the resolution of disputes by the association membership and shall be
included as part of the bylaws.
4. In the WA Combining Zone, the applicant shall submit an evaluation of the propegy with a
Wildlife Management Plan for the open space area prepared by a wildlife biologist that
includes the following:
a. A description of the condition of the property and the current ability of the Dropem to
support use of the open space area by wildlife protected by the applicable WA zone
during the periods specified in the comprehensive plan-, and
b. A description of the protected species and periods of protection identified by the
comprehensive plan and the current use of the open space area,• and
PAGE 3 OF 5 — EXHIBIT "B" TO ORDINANCE NO. 2003-024 (12/20/04)
EXHIBIT `B"
c. A management plan that contains prescriptions that will achieve compliance with the
wildlife protection guidelines in the comprehensive plan. In overlay zones that are
keyed to seasons or particular times of the year, restrictions or protections m4y vary
based on the time of year. The management plan mawpropose protections or
enhancements of benefit to other types of wildlife that may be considered in weighing
use impacts versus plan benefits.
5. Photographs and a narrative description of the natural landscape features of the open space
areas of the subject property. If the features are to be removed or developed thea lnp icant
shall explain why removal is appropriate.
6. A description of the forestry or agricultural uses proposed if any.
D. Dimensional Standards:
1. Setbacks and height limitations shall be as prescribed in the zone in which the development
is proposed unless adequate justification for variation is provided the Planning Director or
Hearings Body, but in tie ease shall the se4baeljs be jess than 25 fiae4 or- the heigM gma4e
than 40 feet.
2. Minimum area for a cluster development shall be determined by the zone five aeres ..o'e
ethe.-A,ise limited by the z e in which it is proposed.
E. Conditions for phased development shall be specified and performance bonds shall be required
by the Planning Director or Hearings Body to assure completion of the project as stipulated, jf
required improvements are not completed prior to platting_
F. Date Ddevelopments with private roads shall provide bicycle and pedestrian facilities that
comply with the private road requirements of Title 17. If the bikeways are eenstFdetedas a pai4
r-OadWaY, f0stfififig in a faiffifflufa total r-eadway width of -28 feet. if the pr-iva4e roads are
eenstnaeted to the mininitifn standaM width of 20 feet, sepafeAed bike pa4hs built to Getfnt�
standards shall be provided. if sepaFated paths e&e meafft to be she&ed by pedestfians or- other-
-ser -s- the ,ninimufn width shall be 12 feet. Bieyele a fid pedestrianf4eilities shall
G. Bicycle and pedestrian connections shall be provided at the ends of cul-de-sacs, at mid -block,
between subdivision plats, etc., in the following situations. Connections shall have a 20 -foot
right of way, with at least a 10 -foot wide useable surface, shall be as straight as possible, and
shall not be more than 400 feet long.
Wwhere the addition of a connection would reduce
the walking or cycling distance to an existing or planned transit stop, school, shopping
center, or neighborhood park by 400 feet and by at least 50 percent over other available
routes.
2. For schools or commercial uses where the addition of a connection would reduce the
walking or cycling distance to an existing or planned transit stop, school, shopping center,
or neighborhood park by 200 feet or by at least 50 percent over other available routes.
PAGE 4 OF 5 — EXHIBIT `B" TO ORDINANCE NO. 2003-024 (12/20/04)
EXHIBIT "B"
3. For cul-de-sacs or dead end streets where a street connection is determined by the Hearings
Officer or Planning Director to be unfeasible or inappropriate provided that a bicycle or
pedestrian connection is not required where the logical extension of the road that terminates
in a cul de sac or dead end street to the nearest boundary of the development would not
create a direct connection to an area street, sidewalk or bikeway.
The Courtly may approve a cluster development without bicyclepedestrian connections if
connections interfere with wildlife passagegh the subdivision, harm wildlife habitat or
alter landscape approved for protection in its natural state.
H. A Conditions of Approval Agreement for the cluster development shall be recorded prior to
or concurrent with the final plat for the development.
(Ord. 2004-024 § 2,2004; Ord. 95-075 § 1, 1995; Ord. 93-005 § 11, 1993; Ord. 91-020 § 1, 1991)
PAGE 5 OF 5 — EXHIBIT "B" TO ORDINANCE NO. 2003-024 (12/20/04)