2005-1010-Ordinance No. 2005-041 Recorded 8/25/2005�j REV D
LEGAL COUNSEL
REVIEWED
CODE REVIEW COMMITTEE
DESCHUTES
COUNTY CLERK
1�J
NANCY
COMMISSIONERS' JOURNAL 08/25/2005 03;44;02 PM
IIIIIII IIIIIIIIIIIII III (IIII III
2005-1010
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 18, Deschutes
County Zoning Ordinance, and Declaring an * ORDINANCE NO. 2005-041
Emergency.
WHEREAS, Arrowood Development, LLC has applied to amend the text of the zoning ordinance under
County file no. TA -04-3; and
WHEREAS, the proposed amendments would modify the definition of "Resort Facility" in DCC
18.04.030 and add new subsection (J) in DCC 18.110.060 to provide for land divisions and zero lot line
subdivisions in the Resort Community Zone; and
WHEREAS, the proposed amendments were reviewed by the Deschutes County Planning Commission
in a public hearing on June 9, 2005; and
WHEREAS, the Planning Commission unanimously recommended approval of the amendments as
proposed; and
WHEREAS, the Board of County Commissioners conducted a public hearing to review this request on
August 10, 2005; and
WHEREAS, the applicant in this matter has requested adoption of the amendments by emergency
clause due to time constraints associated with a related real estate transaction; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 18.04.030, Definitions, 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 4r;kethfouo.
Section 2. ADDING. DCC 18.110.060(J) is hereby added to read as described in Exhibit `B,"
attached hereto and by this reference incorporated herein.
PAGE 1 OF 2 - ORDINANCE NO. 2005-041(08/24/05)
Section 3. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace, healthandsafety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
DATED this ��day of dt.Sj-_ , 2005.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, O ON
TOM EWOLF, Chair
DALY, Commissioner
R. LUKE, Commissioner
Date of 1St Reading: c;A day of �cJl. X13 �, 2005.
Date of 2nd Reading: QA- day of lJlt t 11LSt , 2005.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tom DeWolf ?C
Michael M. Daly
Dennis R. Luke C
Effective date: 'A 'day of 2005.
ATTEST:
/-Rlclolrd�ingcret
PAGE 2 OF 2 - ORDINANCE NO. 2005-041(08/24/05)
EXHIBIT "A"
18.04.030. Definitions.
"Resort facility" means a building or series
of buildings, portions of which are under
common ownership which provide
interrelated visitor and vacation services and
are intended to serve the community and the
travel needs of people traveling through the
area. Typical uses include, but are not limited
to: overnight accommodations, meeting
rooms, convention and banquet facilities,
administrative facilities, maintenance and
storage facilities, resort recreation facilities,
and restaurant and retail uses which are
customarily appurtenant to such uses.
(Ord. 2005-041 § 1, 2005-041; 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, lA and
113, 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 1 - EXHIBIT "A" TO ORDINANCE NO. 2005-041 (08/24/05)
EXHIBIT "B"
18.110.060. Development standards.
A. Setbacks.
1. Single -Family Dwelling. The
following setbacks shall be
maintained for single-family
dwellings and accessory uses on
residential parcels:
a. Front Yard. The front yard shall
be a minimum of 20 feet at
Black Butte Ranch and The Inn
of the Seventh Mountain, and 30
feet at Widgi Creek.
b. Side Yard. The side yard shall
be a minimum of 10 feet, except
on the street side of a corner lot
the side yard shall be a minimum
of 20 feet.
c. Rear Yard. The rear yard shall
be a minimum of 20 feet.
d. In Black Butte Ranch a lesser
setback shall be approved based
on written approval from the
Black Butte Ranch Architectural
Review Committee (ARC) or its
successor. The granting of a
lesser setback based on
documented ARC approval does
not constitute a land use decision
by the County.
2. All Other Uses. The following
setbacks shall be maintained for
buildings and structures used for
purposes other than a single-family
dwelling and residential accessory
uses, unless a greater setback is
required pursuant to site plan review
or other applicable provisions of
DCC Title 18:
a. Front Yard. The front yard shall
be a minimum of 10 feet.
b. Side Yard. Zero feet except that,
when a side lot line is adjoining
a lot used for single-family
residential purposes, the side
yard shall be a minimum of 10
feet and shall be increased by
one-half foot for each foot by
which the building height
exceeds 20 feet.
c. Rear Yard. Zero feet except that,
when a rear lot line is adjoining a
lot used for residential purposes,
the rear yard shall be a minimum
of 10 feet and shall be increased
by one-half foot for each foot by
which the building height
exceeds 20 feet.
d. Perimeter Setback. All uses in
the Black Butte Ranch Surface
Mining or Utility Limited Use
Combining Districts shall
maintain a minimum setback of
50 feet from a perimeter
boundary adjacent to land zoned
for forest uses.
e. Forest Zone Setback. New uses
adjacent to land zoned Forest
shall have a minimum setback of
20 feet from the Forest zone
boundary.
B. Other Setbacks. The following setbacks
shall be maintained for buildings: and
structures, based on the applicable
provision(s) of DCC Title 18:
1. Solar Setback. The setback from. the
north lot line shall meet the solar
access setback requirements in DCC
18.116.180 for south roof protection.
2. Waterway Setback. All structures,
buildings or similar permanent
fixtures shall be set back from the
ordinary high water mark along all
streams and lakes a minimum of 100
feet measured at right angles to the
ordinary high water mark.
3. Building Code Setbacks. In addition
to the setbacks set forth herein, any
greater setbacks required by
applicable building or structural
codes adopted by the State of Oregon
and/or Deschutes County under DCC
15.04 shall be met.
4. Rimrock Setbacks. Setbacks from
rimrocks shall be maintained as
provided in DCC 18.84 or DCC
18.116.160, whichever is applicable.
5. Scenic Waterway. The applicable
provisions in DCC 18.84 shall be
met.
Page 1 of 3 - EXHIBIT "B" TO ORDINANCE NO. 2005-041 (08/24/05}
EXHIBIT "B"
6. Floodplain. The applicable
provisions in DCC 18.96 shall be
met.
C. Building Height.
1. Resort Facility and Resort Utility
Building. No resort facility or resort
utility building or structure shall be
erected or enlarged to exceed 40 feet,
or 30 feet when the provisions in
,DCC 18.84.080 are applicable,
unless a variance for a greater height
is approved. For the purposes of
DCC 18.110.060(C)(1) an
application for a height variance may
be granted provided . the Planning
Director or Hearings .Body makes
only the following findings:
a. The proposed height does not
exceed the height limitation of
the appropriate fire agency's
(either Black Butte Ranch Rural
Protection Fire District or City of
Bend Fire Department) fire
fighting equipment, considering
the evacuation of the building's
occupants and the fire fighting
requirements of the agency; and
b. The proposed additional height
will not adversely impact scenic
views from adjoining residences
or adjoining residential building
sites.
c. Approval of a height variance in
a state scenic waterway shall be
conditioned upon receipt of
approval from the Oregon Parks
and Recreation Department.
2. All Other Buildings. No building or
structure used for purposes other
than a resort facility or resort utility,
including a single-family dwelling,
shall be erected or enlarged to exceed
30 feet in height, except as provided
by DCC 18.120.040.
3. Scenic Waterway. The applicable
provisions in DCC 18.84 shall be
met.
D. Lot Coverage.
1. Single-family dwelling. The
maximum lot coverage by a single -
0
family dwelling and accessory
structures shall be 40 percent of the
total lot. In Black Butte Ranch a
greater lot coverage shall be
approved based on documentation of
written approval from the Black
Butte Ranch Architectural Review
Committee (ARC) or its successor.
The granting of greater lot coverage
based on documented ARC approval
does not constitute a land use
decision by the County.
All Other Buildings. The maximum`
lot coverage by buildings and
structures used for purposes other
than a single-family dwelling shall
be determined by the spatial "
requirements for yard setbacks,
landscaping, parking and utilities.
E. Off -Street Parking and Loading. ,r
1. Single -Family Dwelling. Off-street,,
parking shall be provided for. a
minimum of two motor vehicles per
dwelling.
2. All Other Uses. Off-street parking
and loading shall be provided subject
to the requirements of DCC 18.116.
F. Outdoor Lighting All outdoor lighting
shall be installed in conformance with
DCC 15.10.
G. Excavation, Grading and Fill and
Removal. Excavation, grading and fill
and removal within the bed and banks of
a stream or lake, or in a wetland shall be
subject to DCC 18.128.040(W), unless
the activity meets the exception
provisions in DCC 18.120.050.
H. Signs. All signs shall be constructed in
accordance with the provisions of DCC
15.08.
I. Lot Requirements.
1. Single -Family Dwelling. A new lot
for a single-family dwelling served
by a community or public sewerage
system shall have a minimum area of
6,000 square feet and a minimum
average width of 60 feet, except that
a corner lot shall have a minimum
Page 2 of 3 - EXHIBIT `B" TO ORDINANCE NO. 2005-041 (08/24/051
EXHIBIT `B"
average width of 70 feet. A new lot
for a single-family dwelling served
by an on-site septic system shall have
a minimum area of 22,000 square
feet and a minimum average width of
100 feet. Any new residential lot
shall have a minimum width at the
street of 50 feet, except for a lot on a
cul-de-sac, in which case the
minimum width shall be 30 feet.
2. All Other Uses. Every lot created
for purposes other than residential
use shall. have dimensions for lot
area, width and depth. necessary for
yard setbacks, landscaping, parking
and utilities for the proposed use.
J. Land Divisions.
1. General. Notwithstanding any
provision to the contrary contained herein.
or in other parts of the County Code,
roads within the Resort Communi , Zone
may be private roads and new lots or
parcels may be created that have access
from, and frontage on -private roads only.
These roads must meet ' the private road
standards of DCC Title 17, and are not
subject to public road standards of DCC
Title 17. An agreement acceptable to the
County Road Department and County
Legal Counsel shall be required for the
maintenance of new private roads.
2. Zero Lot Line Subdivision.
Notwithstanding any provision to the
contrary contained herein, zero lot line
subdivisions for single-family residences
shall be allowed in the Resort
Community Zone in accordance with the
provisions of DCC Chapter 17.20. Zero
lot line subdivisions are not subject to the
setback provisions of 18.110.060(A),
solar setback standards of
18.110.060(B)(1), lot coverage
provisions of 18.110.060(D) or lot
requirements of 18.110.060(I)(1).
(Ord 2005-041 § 2, 2005; Ord. 2001-048 § 2,
2001)
Page 3 of 3 - EXHIBIT `B" TO ORDINANCE NO. 2005-041 (08/24/05}