2005-741-Ordinance No. 2005-026 Recorded 5/26/2005REVIEWED
LEGA1 COUNSEL
REVIEWED
6�1�
CODE REVIEW COMMITrEE
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
ILI 1)[11111111111111111111111
RECORDS
CLERK U UPC
05/26/2005 03:57:02 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 18, the Deschutes
County Zoning Ordinance, and Declaring an
Emergency.
ORDINANCE NO. 2005-026
WHEREAS, on February 10, 2005 Elk Horn Development submitted application for a text amendment
to the Deschutes County Code (DCQ, File No. TA -05-2, to amend DCC Section 18.61.050(D), the Residential
Center District of the New Neighborhood Planing Area of the Urban Unincorporated Community (UUC) of La
Pine and Table 2 of Chapter 18.61; and
WHEREAS, on March 28, 2005, the Planning Commission held a duly noticed public hearing on the
application; and
WHEREAS, the Planning Commission voted to recommend to the Board of County Commissioners
("Board") approval of the proposed amendments; and
WHEREAS, on May 25, 2005, the Board of County Commissioners (BOCC) held a public hearing on
the proposed amendments to Section 18.61.050(D) and Table 2 of Chapter 18.61; and
WHEREAS, the BOCC recognizes the urgency of these changes in order to allow development of the
Residential Center District of the Neighborhood Planning Area to commence; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Section 18.61.050 (D) 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 str-ikethfoug .
Section 2. AMENDMENT. Table 2 of DCC Chapter 18.61 is hereby amended to read as described in
Exhibit 111111, attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in s4ikethfeti .
PAGE I OF 2 - ORDINANCE NO. 2005-026 (5/25/05) Document Reproduces Poorly
(Archived)
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 a�6 day of 2005.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY OREGON
Tom bfWOLF, Chair
Date of 0 Reading: —,–e—day of 2005.
Date of 2 nd Reading: day of 2005.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tom DeWolf L ---
Michael M. Daly t.-- —
Dennis R. Luke
Effective date: dS%ay of 2005.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2005-026 (5/25/05)
Exhibit "A"
18.61.050. Neighborhood Planning Area.
D. Residential Center District. Purpose: The
Residential Center District is a location for
social activities and small mixed-use
residential/commercial businesses. It is
located near the geographical center of each
Neighborhood. This district is the location
for more compact housing types such as
townhomes and apartment buildings that
activate the center and allow a greater
number of people the option to walk for their
daily needs.
1. Uses permitted outright.
a. Single Family Dwelling.
b.a-. Single Family Dwelling — Zero Lot
Line
c. 4Tewn home, duplex or triplex.
d.b. Accessory dwelling.
e..e-. Live/work unit.
f. d-. Multi -use path.
g. e. -Open space.
h. f -.Home occupation that:
1. Is carried on within a dwelling
only by members of the family
who reside in the dwelling;
2. Does not serve clients or
customers on-site;
3. Does not produce odor, dust,
glare, flashing lights or noise;
4. Does not occupy more than 25
percent of the floor area of the
dwelling; and
5. Does not include the on -
premises display or sale of stock
in trade; and,
6. Does not have any outdoor
storage of materials used in the
home occupation.
2. Uses Permitted Subject to Site Plan
Review. The following uses and their
accessory uses are permitted subject to
applicable provisions of DCC 18.61 and
DCC 18.116, Supplementary Provisions,
and DCC 18.124, Site Plan Review:
a. Community center up to 4,000
square feet in floor area.
a. Neighborhood commercial building
as defined in DCC 18.04.
b. Multi -family dwelling.
c. Bed and Breakfast Inn.
d. Church.
e. Park or playground.
3. 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 Use:
a. Single family dwelling, ineluding
"Class A" manufaetured home,
exeept 1--tted if
b-.a.Residential facility or residential
home.
ez.b. Home occupation as defined in DCC
18.04.
4. Dimensional standards. The lot size, lot
coverage block length, block perimeter
and building height standards shown in
Table 2 shall apply to the Residential
Center District.
5. Yard and setback requirements. The
front, side and rear yard requirements in
Table 2 shall apply to uses in the
Residential Center District.
6. Residential density. The residential
density requirements in Tables 1 and 2
shall apply to the Residential Center
District.
PAGE I of 1 — EXHIBIT "A" TO ORDINANCE No. 2005-026 (5/25/05)
EXHIBIT "B"
TABLE 2. La Pine Neighborhood Planning Area Zoning Standards
PAGE I of 2 — EXHIBIT "B" TO ORDINANCE No. 2005-026 (5/25/05)
RESIDENTIAL
RESIDENTIAL CENTER
COMMUNITY
COMMUNITY
NEIGHBORHOOD
GENERAL
FACILITY
FACILITY
COMMERCIAL
LIMITED
LO� SIZE Single-family
NEI�HBORHOOD 1
M$ximum square feet
7,00 10
4,500
N/A
N/A
N/A
Mi imum square feet
4,000
2,400
N/A
N/A
N/A
NEI�HBORHOOD 2
M ximum square feet
15,000
7_1�
N/A
N/A
N/A
t
5 �O00
Mikimum square feet
7,000
3,500
N/A
N/A
N/A
LOI SIZE Townhome
Mijimum square feet
N/A 2,400 2,400 N/A N/A
LOM SIZE Duplex Triplex
Mi4imum square feet
8,000 8,000 8,000 N/A N/A
LOISIIzEuu-lti-fa�mily
V t
M$ximum square feet
no maximum no maximum no maximum N/A N/A
Milnimum square feet
15,000 10,000 10,000 N/A N/A
LOAS'IZE Other uses
M�ximum square feet
no maximum no maximum no maximum no maximum 22,000
Mi imum square feet
7,000 4,500 none none 7,000
LQI,. VTH`1_.
Mi imum (feet)
50'for detached 4040F detaGhed
50 50 50
dwellings 24'for 35'for detanh
attached developmen detatched
townhome single-family dwelling
24'for attached townhome
lor zero lot line development
1
L DEPTH
174
7
mi mum (feet)
100 100 150 150 150
R., 5�
N't
NE13HBORHOOD 1
Wximum
8.0
12.0
12.0
N/A
N/A
Wimum
3.0
8.0
N/A
N/A
N/A
NE14HBORHOODS 2, 3 & 4
m4ximum
6.0
12.
N/A
N/A
N/A
Wimum
2.0
6.00
N R
P
Primkry Building
Fr4nt
15'min.
1 O'min.
10'min
10'min
1 O'min.
1 O'min.
5' Fn"A. OF 0 19t 1
5' min. or 0 lot
5' plus 1/2 foot
5' plus 1/2 foot for
None
line
for each ft.
each ft. building
Sije
building height
exceeds 20' height
exceeds 20'
Side at corner (2)
10 feet
5 'or 0 lot line
5 feet
5 feet
5 feet
10 feet
None except abutting
None except
5' plus 1/2 foot
5 feet
R+r
Residential General 5'
abutting
for each ft.
Residential
building height
General 5'
exceeds 20'
PAGE I of 2 — EXHIBIT "B" TO ORDINANCE No. 2005-026 (5/25/05)
EXHIBIT "B"
TABLE 2. La Pine Neighborhood Planning Area Zoning Standards (continued)
RESIDENTIAL RESIDENTIAL COMMUNITY COMMUNITY INEIGHBORHOOD
GENERAL CENTER FACILITY FACILITY COMMERCIAL
LIMITED
GARAGE SETBACKS -
Min. from front of building
5 feet
5 feet
feet IN/Al
N/A
SPECIAL SETBACKS
Percentage of the front side
N/A
50% min.(2)
N/A N/A
N/A
of the structure that shall be
sited at the minimum front
yard setback.
LOT COVERAGE
Maximum
35 percent
50 percent 60 percent
60 percent
50 percent
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
19 1) 1 L 0 1 IN G HE- ld _14f
Primary
30'
40' except Res.
45'except
45'
30'
General
Res. General
standards apply
standards
to
single family.
apply to single
Townhomes 35
family.
ft. max.
Townhomes 35
ft. max.
Accessory Dwelling or
20'
25'
30'
30'
25'
Building
Higher with Conditional Use
NO
YES up to 40
YES
YES
NO
Permit
feet
I
WA frorn
____ &eF;t ef building
5 fee
6 fee 5 fwl
I
NIA
NIA
MINIMUM ONSITE
DCC 18.116
DCC 18.116
DCC 18.116
DCC 18.116
DCC 18.116
PARKING
% of the StFUGtUFe
that q -h -All -he sited at the
, wd-setbaGk-.
NAA
50% fflin.(2)
NAA
N/A
NOTES:
(1) Gross acres, excluding collector street right of way
(2) Must meet clear vision requirements of DCC 18.116.020
(3) The block requirements not applicable to review and approval of quadrant plans.
(Ord. 2004-013 § 6, 2004; Ordinance 2004-06 § 2, 2004; Ord. 2003-077 § 1, 2003; Ord. 2003 -005 § 1,
2003; Ord. 2001-044 § 3, 2001; Ord. 2001-037 § 2,2001; Ord. 2000-015 § 2, 2000)
PAGE 2 of 2 - EXHIBIT "B" TO ORDINANCE No. 2005-026 (5/25/05)
� X
3 0 ZQeJ -5F
PROPOSED TEXT AMENDMENTS
Chapter 18.61.050. La Pine Neighborhood Planning Area —
Section D.1.a Uses Permitted Outright
Section D.3.a Conditional Uses
Table 2: Zoning Standards — Residential Center maximum lot size, lot
widths and side yard setbacks
Purpose and Background: Subsequent to our Quadrant Plan Approval for
Neighborhood 2 and Tentative Subdivision Plat approval for Phase 2c, we
learned of some requirement differences between the Zoning Code and the
Building Code which results in either increased housing costs or the prohibition of
building the types of homes we would like to build in the Neighborhood Planning
Area.
Our original intention was to build 0 -lot line homes that have a usable side yard
for each homeowner. While the Zoning Code allows 0 -lot line homes, the
Building Code requires any home within 3 feet of the property line to be
constructed with 1 -hour fire rated walls, regardless of how close to the property
line the house on the adjoining lot is built. This results in a cost increase in the
price of each home, which is ultimately passed on to the homeowner. Our goal
in this neighborhood is to provide quality, affordable homes and this cost
increase works against that goal.
The Deschutes County Comprehensive Plan Chapter 23.40.020.A.A.3 The
Urban Unincorporated Community - La Pine states as follows:
"The plan policies and zoning standards adopted in August 2000 and
amended in 2001 are also intended to ensure that residential
development in the Neighborhood Planning Area will include mixed
housing types, provide affordable housing opportunities and require
participation in a Transferable Development Credit Program."
Furthermore, Comprehensive Plan Chapter 23.56.020. Housing Goals are as
follows:
1. To provide adequate number of housing units at price ranges and rent levels
commensurate with the financial capabilities of local households.
2. To allow flexibility of housing location, type and density in Deschutes County.
Toward that end, we would like to pursue a series of text amendments that would
allow us to construct a detached townhomes on the lots, maintain the intended
density of the zone, and specify lot sizes, widths and setbacks that are consistent
with the purpose and intent of the Residential Center district.
Request: In order to achieve the above described housing type, we respectfully
request approval of the following text amendments:
A FL,(CAPJ—J5;
ek pf) 6 C_ or 2
1. Add single family dwelling as a Permitted Use in Chapter 18.61.050.D.l.a
2. Delete single family dwellings as a Conditional Use in Chapter
18.61.050.D.3.a.
3. Amend Table 2 La Pine Neighborhood Planning Area Zoning Standards of
the Residential Center as follows:
• Reduce maximum lot size from 7,000 to 5,000 square feet and specify
it is for Single Family, detached;
• Add "Single Family" to minimum lot width requirement for 35 feet, and
specify the 0 -lot line housing type is required to have a minimum lot
width of 24';
• Reduce the required side yard setback from 5 feet minimum or 0 lot
line to "None."
To ensure that density is achieved in the Residential Center, as originally
intended, the proposed amendment to Table 2 Residential Lot Size Maximum to
be reduced from 7,000 to 5,000 square feet ensures that lots are smaller, thereby
encouraging smaller homes7 and greater density. Allowing single family detached
homes in the Residential Center district and specifying minimum lot widths of 35
feet ensures that the homes will be on lots of sufficient width to accommodate the
housing type while providing for useable yard area. The reduction in the side
yard from 5 foot minimum to "None" provides the greatest amount of flexibility in
the zone given the different housing types allowed.
Summary and Conclusions: The proposed text amendments allow for:
• Allows single family detached homes to be constructed within the
Residential Center zone;
• Provides lots size maximums commensurate with the housing types
proposed;
• Ensures setbacks that allow for the greatest flexibility given the variety of
housing and lots sizes allowed with the zone;
• Ensures density is achieved consistent with the purpose and intent of the
Residential Center zone and the La Pine Neighborhood Planning Area;
• Facilitates residential development that is consistent with the Housing
goals and policies of the Comprehensive Plan.
Therefore, we respectfully request APPROVAL of the proposed Text
Amendments. Additionally, given the construction season and timing of the
proposed text amendments
PAC
,e �- 0 ? R-