2004-1452-Ordinance No. 2004-025 Recorded 12/21/2004REVIEWED
LEGAL CO SEL
REVIEWED
CODE REVIEW COMMITTEE
DESCHUTESFICIAL
CLERK
Cd 2
0
04.1451
COMMISSIONERS' JOURNAL
IIIIIIIIII 1111111111111111111111111111
2004-1452
12/21/2004 03:44:06 PM
ror icecoramg stamp uniy
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 17, the Deschutes
County Subdivision/ Partition Ordinance, to * ORDINANCE NO. 2004-025
amend provisions 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 through C, 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 DESC1 UTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Chapter 17.22, Approval of Tentative Plans For Partitions, is
amended to read as described in Exhibit "A," attached hereto and by this reference incorporated herein, with
new language underlined.
Section 2. AMENDMENT. DCC Chapter 17.36, Design Standards, is amended to read as described in
Exhibit `B," attached hereto and by this reference incorporated herein, with new language underlined.
PAGE 1 OF 2 - ORDINANCE NO. 2004-025 (12/20/04)
Section 3. AMENDMENT. DCC Chapter 17.48, Design and Construction Specifications, is amended
to read as described in Exhibit "C," attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in str-iletigk.
Section 4. 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.
i
DATED this fio — day of 'Dp &j4d ' k , 2004.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNT', OREGON
DENNIS R. LUKE, Commissioner
Date of I" Reading:N—dayof
�.11�(�Q/l2 2004.
Date of 2nd Reading: day of �C.�-�l�C�/j 2004.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Michael M. Daly L--
Tom
/Tom DeWolf
Dennis R. Luke
Effective date:
day of a-&AA-W� 2004.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2004-025 (12/20/04)
EXHIBIT "A"
17.22.030. Improvement requirements.
In the approval of a land partition, the County shall consider the need for street and other
improvements, and may require as a condition of approval any improvements that may be required
for a subdivision under the provisions of DCC Title 17. All roads in partitions shall be dedicated to
the public without reservation or restriction, except where private roads are allowed by the
applicable zoning regulations such as in planned or cluster developments.
(Ord. 2004-025 § 1, 2004; Ord. 93-012 § 23, 1993; Ord. 90-003 § 1, Exhibit A, 1990; Ord. 81-043 §
1, Exhibit A, § 5.020, 198 1)
PAGE 1 OF 1 — EXHIBIT "A' TO ORDINANCE 2004-025 (12/20/04)
EXHIBIT `B"
17.36.180. Frontage.
A. Each lot or parcel shall abut upon a public road, or when located in a planned development or
cluster development, a private road, for at least 50 feet, except for lots or parcels fronting on the
bulb of a cul-de-sac, then the minimum frontage shall be 30 feet, and except for partitions off of
U.S. Forest Service or Bureau of Land Management roads. In the La Pine Neighborhood
Planning Area Residential Center District, lot widths may be less than 50 feet in width, as
specified in DCC 18.61, Table 2: La Pine Neighborhood Planning Area Zoning Standards.
Road frontai?e standards in destination resorts shall be subject to review in the conceptual
master plan.
B. All side lot lines shall be at right angles to street lines or radial to curved streets wherever
practical.
(Ord. 2004-025 § 2, 2004; Ord. 2003-029 § 1, 2003; Ord. 93-012 § 39, 1993; Ord. 90-003 § 1,
Exhibit A, 1990; Ord. 81-043 § 1, Exhibit A, § 6.030(1) and (2), 1981)
PAGE 1 OF 1 — EXHIBIT `B" TO ORDINANCE 2004-025 (12/20/04)
EXHIBIT "C"
17.48.180. Private roads.
The following minimum road standards shall apply for private roads:
A. The minimum paved roadway width shall be 204 feet in planned unit developments and cluster
developments
feer- feet wide bike lanes, a with two -foot wide gravel shoulders;
B. Minimum radius of curvature, 50 feet;
C. Maximum grade, 12 percent;
D. At least one road name sign will be provided at each intersection for each road;
E. A method for continuing road maintenance acceptable to the County;
F. Private road systems shall include provisions for bicycle and pedestrian traffic. In cluster and
planned developments limited to ten dwelling units the bicycle and pedestrian traffic can be
accommodated within the 20 -foot wide road. In other developments,8-shoulder bikeways shall
be a minimum of four feet wide, paved and striped, with no on -street parking allowed within
the bikeway, and Akwhen private roads are developed to a width of less than 28 feet, bike paths
constructed to County standards shall be required.
(Ord. 2004-025 § 3, 2004; Ord. 2001-016 § 1, 2001; Ord. 93-012 § 53, 1993; Ord. 81-043 § 1,
Exhibit A, § 8.130, 1981)
PAGE 1 OF 1 — EXHIBIT "C" TO ORDINANCE 2004-025 (12/20/04)