2005-13-Ordinance No. 2005-002 Recorded 1/5/2005REVIEWED
,y< -
LEGAL COUNSEL
REVIEWED
CODE REVIEW COMMITrEE
DESCHUTES COUNTY OFFICIAL RECORDS
NANCY BLANKENSHIP, COUNTY CLERK Q 2005-13
COMMISSIONERS* JOURNAL 01/05/2005 04:43:37 PM
2005-13
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 18 of the Deschutes
County Code and Declaring an Emergency.
ORDINANCE NO. 2005-002
WHEREAS, Jim Johnson applied for a text amendment to Title 18 of the Deschutes County Code,
Chapter 18.84, (file number TA -04-3); and
WHEREAS, the Deschutes County Planning Commission, conducted a public hearing in accordance
with applicable law on August 26, 2004 that continued to September 9, 2004, and September 23, 2004, on the
proposed text amendment; and
WHEREAS, a motion made by a Planning Commissioner of the Deschutes County Planning
Commission, to approve the text amendment failed and the Planning Commission forwarded no
recommendation to the Board, and
WHEREAS, notice was given and hearing conducted on November 30, 2004, that continued to
December 8, 2004, before the Board of County Commissioners ("Board") in accordance with applicable law;
and
WHEREAS, the Board conducted independent site visits with staff to the applicant's property in River
Bend Estates subdivision and discussed their observations on the record at the December 8, 2004 hearing; and
WHEREAS, the Board considered the proposed text amendment and made several changes;
WHEREAS, with the changes to the proposed text, the Board finds the text amendment is consistent
with the Comprehensive Plan, Chapter 23.96, Open Spaces, Areas of Special Concern, and Environmental
Quality, Policy 23.96.030(7) addressing rimrock setbacks and the Statewide Planning Goal 5 open space, scenic
and historic and natural resources implemented through the 1986 Deschutes River Study ESEE as the text
amendment only applies to small lots where existing development already occurs along the river and the visual
impacts of existing structures when viewed from the river or stream already exist; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 18.84.090, Setbacks, Landscape Management Combining Zone, 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.
Section 2. Attached as Exhibit "B" is an illustration showing the orientation and slope of roofline
as described in Exhibit "A."
PAGE I OF 2 - ORDINANCE NO. 2005-002 (01/5/2005)
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.
APPROVED this
of Commissioners.
ATTEST:
Recording Secretary
day of 2005 for the Deschutes County Board
Tom DeWolf, Chair
Date of I" Reading: day of �a4c,� 12005.
'j
Date of 2 d Reading: day of 2005.
U
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tom DeWolf
Michael M. Daly
Dennis R. Luke
A
Effective date: day of (4)L4L4/Uj, 2005.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2005-002 (01/5/2005)
EXHIBIT "A"
Chapter 18.84. LANDSCAPE
MANAGEMENT
COMBENIING ZONE -
LM
(Denotes text not being amended.)
18.84.090. Setbacks.
A. Except as provided in DCC 18.84.090,
minimum setbacks shall be those established
in the underlying zone with which the LM
Zone is combined.
B. Road Setbacks. All new structures or
additions to existing structures on lots
fronting a designated landscape management
road shall be set back at least 100 feet from
the edge of the designated road unless the
Planning Director or Hearings Body finds
that:
1. A location closer to the designated road
would more effectively screen the
building from the road; or protect a
distant vista; or
2. The depth of the lot makes a I 00 -foot
setback not feasible; or
3. Buildings on both lots abutting the
subject lot have front yard setbacks of
less than 100 feet and the adjacent
buildings are within 100 feet of the lot
line of the subject property, and the depth
of the front yard is not less than the
average depth of the front yards of the
abutting lots.
If the above findings are made, the Planning
Director or Hearings Body may approve a
less restrictive front yard setback which will
be appropriate to carry out the purpose of the
zone.
C. River and Stream Setbacks. All new
structures or additions to existing structures
shall be set back 100 feet from the ordinary
high water mark of designated streams and
rivers or obtain a setback exception in
accordance with DCC 18.120.030. For the
purpose of DCC 18.84.090, decks are
considered part of a structure and must
conform with the setback requirement.
The placement of on-site sewage disposal
systems shall be subject tojoint review by the
Planning Director or Hearings Body and the
Deschutes County Environmental Health
Division. The placement of such systems
shall minimize the impact on the vegetation
along the river and shall allow a dwelling to
be constructed on the site as far from the
stream or lake as possible. Sand filter
systems may be required as replacement
systems when this will allow a dwelling to be
located further from the stream or to meet the
100 -foot setback requirement.
D. Rimrock Setback. New structures (including
decks or additions to existing structures) shall
be set back 50 feet from the rimrock in an
LM Zone. An exception to this setback may
be granted to as elose A..; = fiQpt A
r4w,&eek pursuant to the provisions of DCC
18.84.090(E).
E. Rimrock Setback Exceptions. An exception
to the 50 -foot rimrock setback may be
granted by the Planning Director or Hearings
Body, subject to the following standards and
criteria:
I . An exception shall be granted when the
Planning Director or Hearings Body
finds that:
a. A lesser setback will make the
structure less visible or completely
screened from the river or stream; or
b. The subject lot or parcel was a lot of
record prior to the adoption of this
ordinance; or
c. Dwellings (including decks) on both
lots or parcels abutting the subject lot
within 50 feet of the rimrock and the
adjacent buildings are within 100
feet of the lot line of the subject
property; or
d. Adherence to the 50 -foot setback
would prevent the structure from
being sited on the lot.
2. A dwelling qualifying for a rimrock
setback exception under the criteria set
forth above shall be located as follows:
a. The structure shall be designed and
sited to minimize the visual impact
when viewed from the ordinary high
water mark on the far side of the
river. This shall be determined by
PAGE I OF 2 — EXHIBIT "A" TO ORDINANCE NO. 2005-002 (01/05/2005)
b.
C.
0
e
f.
EXHIBIT "A"
viewing the property from the
1) The setback shall be the average
ordinary high water mark
distance between the abutting
immediately across from the center
houses as measured from the
of the river frontage on which the
subiect lot's front Ygrd line to the
structure is proposed with like
furthest point of each abuttin
evaluations being made 300 feet
home facing the river or stream.
upstream and downstream on either
2) The height of the structure shall
side of that point over the entire
not exceed the height of the
length of river frontage on which the
tallest abutting residen�e and in
structure is proposed.
no case shall exceed 24 feet
Existing trees and shrubs which
high, except for chimneys.
reduce the visibility of the proposed
3) The highest ridgeline shall s1ppe
structure shall be retained.
up and awa fr m, and run
The height of the structure shall not
parallel with, the river or stream
exceed the setback from the edge of
4) Dormers are prohibited on the
the rimrock-., except as described in
riverside or strearnside of the
the exception section (f), below.
residence and allowed on the
No structure (including decks) shall
street -side of the residence with
be located closer than 20 feet from
the height not exceeding the
the edge of the rimrock unless the
height of the ridgeline.
Planning Director or Hearings Body
5) The setback for decks on the
finds that the lesser setback will
rimrock side of the dwelling
make the structure less visible or the
shall be the average of the decks
structure is completely screened from
on the abutting lots or parcels as
the river or stream-, except as
measured from the front yard
described in the exception section
line of the subiect propegy and
(f), below.
in no case shall extend and
Where multiple nonagricultural
protrude over the rimrock.
structures are proposed on a lot or
(Ord. 2005-002; Ord. 2000-033 § 3, 2000; Ord.
parcel, the structures shall be
92-034 § 2, 1992)
grouped or clustered so as to
maintain a general appearance of
open landscape for the affected area.
This shall require a maintenance of
at least 65 percent open space along
rimrocks within subject lots or
parcels.
Exception: For vacant lots or parcels
less than one-half acre, existing prior
to the adoption of Ordinance 92-034,
with undulating rimrock, and where
there are lawfully established
residences within 100 feet of the lot
line on the subject Rropea on both
of the abutting lots with rimrock
setbacks less than the depth required
in section (d) above, the residential
structure setback shall meet the
following criteria:
PAGE I OF 2 — EXHIBIT "A" TO ORDINANCE NO. 2005-002 (01/05/2005)