2006-1020-Ordinance No. 2006-031 Recorded 11/21/2006VIEWED
2~
LEGAL COUNSEL
WED
CODE REVIEW COMMITTEE
COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKDS Q NOME
COMMISSIONERS' JOURNAL ,
i2006-1020iinumuuu
1112112006 03151,11 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Chapter 18.61, Urban
Unincorporated Community - La Pine, of the
Deschutes County Code to Amend and Add
Clarifying Language Relating to Roads and
Multi-Use Paths in Subdivisions in the La Pine
Neighborhood Planning Area, and Declaring an
Emergency.
ORDINANCE NO. 2006-031
WHEREAS, the Deschutes County Community Development Staff proposed text changes to
Chapter 18.61, the Deschutes County Zoning Code, (Urban Unincorporated Community Zone - La
Pine), to add text that provides clarification relating to roads and multi-use paths for developers of
subdivisions within the La Pine Neighborhood Planning Area; and
WHEREAS, the Deschutes County Planning Commission held a public hearing regarding TA-
06-6 on October 12, 2006, and subsequent to that hearing, forwarded a recommendation for approval
to the Deschutes County Board of Commissioners ("Board"); and
WHEREAS, after a public hearing on October 30, 2006, the Board finds it to be in the public
interest to adopt the proposed additions to Chapter 18.61, now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. AMENDMENT. DCC 18.61 is amended to read as described in Exhibit 'A,"
attached and incorporated by reference, with new language underlined and language to be deleted in
PAGE 1 OF 2 - ORDINANCE NO. 2006-031 (10/30/2006)
Section 2. FINDINGS. The Board adopts as its findings for this ordinance the Staff
Report, attached as Exhibit "B" and incorporated by reference herein.
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.
A
DATED this day of /UD I~ Qifiyc 12006.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTE-,WOUNTY, OREGON
S R. LUKE, Chair
BEV CLARNO, Vice Chair
I AEL M. DALY, C missioner
10jay Date of 1St Reading: of 2006.
Date of 2nd Reading: day of 2006.
Record of Adoption Vote
Commissioner Ye,~ No Abstained Excused
Dennis R. Luke
Bev Clarno
Michael M. Daly 1-7-
Effective date: -7day of 2006.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2006-031 (10/30/2006)
Chapter 18.61. URBAN
UNINCORPORATED
COMMUNITY ZONE -
LA PINE
18.61.010.
Purpose.
18.61.020.
Standards for all districts.
18.61.030.
La Pine Planning Area.
18.61.040.
Wickiup Junction Planning Area.
18.61.050.
Neighborhood Planning Area.
18.61.010. Purpose.
The purpose of the Urban Unincorporated
Community (UUC) Zone - La Pine is to provide
standards and review procedures for the future
development of the urban unincorporated
community of La Pine. The La Pine UUC
includes three separate planning areas, La Pine,
Wickiup Junction and Neighborhood, each with
its own zoning districts, with allowed uses and
distinct regulations, as further set forth in DCC
18.61.
(Ord. 2000-015 § 2,2000; Ord. 96-003 § 1, 1996)
18.61.020. Standards in all districts.
A. Solar Setback. The setback from the north lot
line shall meet the solar setback requirements
in DCC 18.116.180.
B. Stream Setback. To permit better light, air,
vision, stream or pollution control, protect
fish and wildlife areas and to preserve the
natural scenic amenities and vistas along the
streams and lakes the following setback shall
apply:
1. All sewage disposal installations, such as
septic tanks and septic drain fields, shall
be set back from the ordinary high water
mark along all streams or lakes a
minimum of 100 feet, measured at right
angles to the ordinary high water mark.
In those cases where practical difficulties
preclude the location of the facilities at a
distance of 100 feet and the County
Sanitarian finds that a closer location will
not endanger health, the Planning
Director or Hearings Body may permit
the location of these facilities closer to
the stream or lake, but in no case closer
than 25 feet.
2. All structures, buildings and similar
permanent fixtures shall be set back from
the ordinary high water mark along all
streams or lakes a minimum of 100 feet
measured at right angles to the ordinary
high water mark.
C. 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
the County under DCC 15.04 shall be met.
D. Off-Street Parking and Loading. Off-street
parking and loading shall be provided subject
to the provisions of DCC 18.116,
Supplementary Provisions.
E. Outdoor Lighting. All outdoor lighting shall
be installed in conformance with DCC 15.10
providing outdoor lighting control.
(Ord. 2000-015 § 2, 2000; Ord. 96-003 § 1, 1996)
18.61.030. La Pine Planning Area.
The La Pine Planning Area is composed of eight
zoning districts, each with its own set of allowed
uses and regulations, as further set forth in DCC
18.61.030.
A. La Pine Residential District.
1. Uses Permitted Outright. The following
uses and their accessory uses are
permitted outright:
a. Single-family dwelling.
b. Manufactured home subject to DCC
18.116.070.
c. Two-family dwelling or duplex.
d. Agricultural use as defined in DCC
Title 18, subject to the following
limitations:
1. Cows, horses, goats or sheep
shall not be kept on lots having
an area less than 20,000 square
feet. The total number of all
such animals over the age of six
months shall be limited to the
square footage of the lot divided
by 20,000.
2. The number of chickens, fowl or
rabbits over the age of six
PAGE 1 of 24 - EXHIBIT "A' TO ORDINANCE 2006-031 (10/30/06)
months shall not exceed one for
each 500 square feet of land.
e.
Class 1 aE~fl-II road or street project
subject to approval as part of a land
partition, subdivision or subject to
the standards and criteria established
by DCC 18.116.230.
f.
Class III road and street project.
g.
Excavation, grading or fill and
removal activities involved in
creation of a wetland in areas not
requiring a conditional use permit for
fill or removal.
h.
Forest operation and forest practice
including, but not limited to,
reforestation of forest land, road
construction and maintenance,
harvesting of a forest tree species,
application of chemicals and disposal
of slash.
2. Conditional Uses Permitted. The
following uses may be allowed 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.
Multi-family dwelling with three or
more units.
b.
Park, playground and community
building.
c.
Utility facility, except landfill.
d.
Excavation, grading and fill and
removal within the bed and banks of
a stream or river or in a wetland.
e.
Home occupation.
f.
Church.
g.
School.
h.
Manufactured home park.
i.
Multi-family dwelling complex.
j.
Cluster development.
k.
Nursery school, kindergarten and day
care facility.
1.
Nursing home.
m.
Public use.
n.
Residential care facility for more
than 15 people.
o.
Wireless telecommunications
facilities, except those facilities
meeting the requirements of DCC
18.116.250(A) or (B).
3. Lot Sizes.
a. Partitions:
1. Parcels served by an approved
community, municipal or public
water system and an approved
community or public sewage
system shall have a minimum
width of 50 feet and a minimum
area of 5,000 square feet.
2. Parcels served by an approved
community, non-community,
municipal or public water
system, but not by sewer, shall
have a minimum width of 100
feet and a minimum area of
22,000 square feet.
3. Parcels not served by either an
approved community, municipal
or public water system or an
approved community or public
sewage system shall have a
minimum width of 150 feet with
a minimum area of one acre. In
addition, all lots must meet
Oregon Department of
Environmental Quality (DEQ)
on-site sewage disposal rules.
b. Subdivisions: For subdivisions,
cluster developments or
manufactured home parks, the
following standards shall apply:
1. All new lots shall be connected
to a DEQ permitted community
or municipal sewer system.
2. Minimum lot size for a
residential subdivision shall be
5,000 square feet. Maximum
residential lot size for a
subdivision shall be 15,000
square feet.
4. Dimensional Standards. The following
dimensional standards shall apply:
a. Lot Coverage. The main building
and accessory buildings located on
any building site or lot shall not
cover more than 35 percent of the
total lot area.
PAGE 2 of 24 - EXHIBIT "A" TO ORDINANCE 2006-031 (10/30/06)
b. Building Height. No building or
accessory uses are permitted subject to
structure shall be erected or enlarged
the applicable provisions of DCC 18.61,
to exceed 30 feet in height, except as
DCC 18.116, Supplementary Provisions
approved under DCC 18.120.040.
and DCC 18.124, Site Plan Review:
5. Yard and Setback Requirements.
a. Park, playground and community
a. Front Yard. The minimum front
building.
yard shall be 20 feet, or 10 feet if a
b. Public use.
garage or carport is located a
c. A building or buildings not
minimum of 20 feet from the front
exceeding 8,000 square feet of floor
property line, and the lot fronts on a
space housing any combination of.
public or private street.
1. Retail store, office and service
b. Side Yard. A side yard shall be a
establishment.
minimum of five feet and the sum of
2. Residential use in the same
the two side yards shall be a
building as a permitted use.
minimum of 15 feet. A street side
3. Art studio in conjunction with
yard shall be a minimum of 10 feet.
retail sales.
A parcel or lot with a side yard
4. Medical clinic.
adjacent to zoned forest land shall
5. Automobile service station.
have a minimum side yard of 100
6. Car wash.
feet.
7. Day care facility.
c. Rear Yard. The minimum rear yard
8. Restaurant and cocktail lounge.
shall be 10 feet, or 5 feet if there is
9. Club and fraternal lodge.
vehicular access to the rear property
10. Automobile and trailer sales.
line. A parcel or lot with a rear yard
11. Uses accessory to the uses
adjacent to zoned forest land shall
identified in DCC 18.61.030.
have a minimum rear yard of 100
d. Any of the uses allowed under DCC
feet.
18.61.030(B)(2)(c) housed in a
B. La Pine Commercial District.
building or buildings exceeding
1. Uses Permitted Outright. The following
8,000 square feet, subject to the
uses and their accessory uses are
provisions of DCC 18.61.030(B)(4).
permitted outright:
3. Conditional Uses Permitted. The
a. Single-family dwelling on a lot
following uses and their accessory uses
existing on March 27, 1996.
are permitted subject to applicable
b. Manufactured home, on a lot existing
provisions of DCC 18.61 and DCC
on March 27, 1996, subject to DCC
18.116, Supplementary Provisions, DCC
18.116.070.
18.124, Site Plan Review and DCC
c. Class I and H road or street project
18.128, Conditional Use:
subject to approval as part of a land
a. Multi-family dwelling on a lot
partition, subdivision or subject to
existing on March 27, 1996.
the standards and criteria established
b. Tourist and travelers'
by DCC 18.116.230.
accommodation of up to 100 units,
d. Class III road and street project.
provided the use is served by a
e. Excavation, grading or fill and
community water system as that term
removal activities involved in
is defined in OAR 660-22-010(2).
creation of a wetland in areas not
c. Manufactured home park and travel
requiring a conditional use permit for
trailer park.
fill or removal.
d. Church.
2. Uses Permitted Subject to Site Plan
e. School.
Review. The following uses and their
PAGE 3 of 24 - EXHIBIT "A" TO ORDINANCE 2006-031 (10/30/06)
4.
f. Excavation, grading and fill and
removal within the bed and banks of
a stream or river or in a wetland,
subject to DCC 18.120.050 and
18.128.270.
g. Water supply and treatment facility.
h. Utility facility, except landfill.
i. Television and radio station with or
without a transmitter tower.
j. Nursing home.
k. Residential care facility for more
than 15 people.
1. A building or buildings not
exceeding 8,000 square feet of floor
space housing any combination of:
1. Veterinary clinic including
enclosed kennel.
2 Automobile repair garage.
3 Commercial amusement and
recreation establishment.
4. Shopping complex subject to a
master plan.
5. Mini-storage facility.
6. Uses accessory to the uses
identified in DCC 18.61.030.
m. Any of the uses allowed under DCC
18.61.030(B)(3)(1) housed in a
building or buildings exceeding
8,000 square feet subject to the
provisions of DCC 18.61.030(B)(4).
n. Wireless telecommunications
facilities, except those facilities
meeting the requirements of DCC
18.116.250(A) or (B).
Special Requirements for Large Scale
Uses. Any of the uses listed in DCC
18.61.030(B)(2)(d) and
18.61.030(B)(3)(m) may be allowed in a
building or buildings exceeding 8,000
square feet of floor space if the Planning
Director or Hearings Body finds:
a. That the intended customers for the
proposed use will come from the
community and surrounding rural
area, or the use will meet the travel
needs of the people passing through
the area;
b. The use will primarily employ a
work force from the community and
surrounding rural area; and
c. That it is not practical to locate the
use in a building or buildings under
8,000 square feet of floor space.
For the purposes of DCC 18.61.030, the
surrounding rural area shall be that area
identified in the map depicted as Figure 5
in the La Pine Urban Unincorporated
Community section of the
Comprehensive Plan.
5. Lot Size and Dimensional Standards.
a. Lot Size. New commercial lots shall
be served by an approved community
or public sewage system and shall
have a minimum width of 50 feet and
a minimum area of 5,000 square feet.
b. Lot Coverage. No requirements.
c. Building Height. No building or
structure shall be erected or enlarged
to exceed 30 feet in height, except as
approved under DCC 18.120.040.
6. Yard and Setback Requirements.
a. Front Yard. The front yard shall be
no more than 15 feet, except as
otherwise allowed by DCC
18.124.070(D)(2) and except when
abutting a lot in a Residential
District, in which case the front yard
shall be the front yard required in the
abutting Residential District. All
buildings shall be set at the front yard
setback line.
b. Side Yard. None required, except
when a parcel or lot with a side yard
adjacent to zoned forest land shall
have a minimum side yard of 100
feet.
c. Rear Yard. None required, except
when abutting a yard in a Residential
District, and then the rear yard shall
be a minimum of 20 feet. A parcel
or lot with a rear yard adjacent to
zoned forest land shall have a
minimum rear yard of 100 feet.
C. La Pine Industrial District.
PAGE 4 of 24 - EXHIBIT "A" TO ORDINANCE 2006-031 (10/30/06)
1
2.
Uses Permitted Outright. The following
h.
Processing use such as bottling plant,
uses and their accessory uses are
creamery, laboratory, blueprinting
permitted outright:
and photocopying, laundry, carpet
a. Agricultural use as defined in DCC
and rug cleaning plant, cleaning and
Title 18.
dyeing plant and tire retreading,
b. Excavation, grading or fill and
recapping and rebuilding.
removal activities involved in
i.
Contractor's equipment storage or
creation of a wetland in areas not
sale yard, house mover, delivery
requiring a conditional use permit for
vehicles, transit storage, trucking
fill or removal.
terminal and used equipment in
c. Class I and H road or street project
operable condition.
subject to approval as part of a land
j.
Manufacture of concrete products
partition, subdivision or subject to
and ceramic products using only
the standards and criteria established
previously comminuted raw
by DCC 18.116.230.
materials.
d. Class III road or street project.
k.
All types of automobile, motorcycle,
e. Forest operation and forest practice
boat, trailer and truck sales, service,
including, but not limited to,
repair, storage and rental.
reforestation of forest land, road
1.
Retail or combination
construction and maintenance,
retail/wholesale lumber and building
harvesting of a forest tree species,
materials yard, not including
application of chemicals and disposal
concrete mixing.
of slash.
in.
Manufactured home sales and
Uses Permitted Subject to Site Plan
service.
Review. The following uses and their
n.
Plant nursery and greenhouse.
accessory uses are permitted subject to
3. Conditional Uses Permitted. The
DCC 18.61.030(C)(4)(c)(2) and other
following uses may be allowed subject to
applicable provisions of DCC 18.61 and
the
applicable provisions of DCC 18.61
DCC 18.116, Supplementary Provisions,
and DCC 18.124, Site Plan Review, and
and DCC 18.124, Site Plan Review:
DCC 18.128, Conditional Use:
a. Expansion of a valid use existing on
a.
Mini-storage facility.
December 5, 1994.
b.
Hydroelectric facility, subject to
b. Public use compatible with industrial
DCC 18.116.130 and 18.128.260.
uses.
c.
Asphalt plant.
c. Uses that require proximity to rural
d.
Lumber manufacturing and wood
resources, as defined in OAR 660-
processing including pulp and paper
04-022(3)(a).
manufacturing.
d. Scientific research or experimental
e.
Electrical substation.
development of materials, methods
f.
Concrete, asphalt and ready-mix
or products, including engineering
plant.
and laboratory research.
g.
Petroleum products storage and
e. Light manufacturing, assembly,
distribution.
fabricating or packaging and
h.
Storage, crushing and processing of
wholesale distribution.
minerals, including the processing of
f. Cold storage plant, including storage
aggregate into asphaltic concrete or
and office.
Portland cement concrete.
g. Kennel or veterinary clinic operated
i.
Commercial feedlot, stockyard, sales
entirely within an enclosed building.
yard, slaughterhouse and rendering
plant.
PAGE 5 of 24 - EXHIBIT "A" TO ORDINANCE 2006-031 (10/30/06)
4.
j. Railroad track, freight depot and
related facilities.
k. Agricultural products storage and
processing plant.
1. Transfer station.
in. Automotive wrecking yard totally
enclosed by a sight-obscuring fence.
n. Any use permitted by DCC
18.61.030(C)(2) that is expected to:
1. Require lot coverage in excess of
70 percent;
2. Require more than one acre of
land; or
3. Generate any odor, dust, fumes,
glare, flashing lights or noise that
would be perceptible without
instruments 500 feet from the
property line of the subject use.
o. Service commercial use, such as
office, restaurant, cafe, refreshment
stand, bar and tavern, whose primary
purposes is to serve industrial uses in
the surrounding area, provided that
such use is allowed as part of an
Industrial Park Master Plan.
p. Wireless telecommunications
facilities, except those facilities
meeting the requirements of DCC
18.116.250(A) or (B).
Use Limits. The following limitations
and standards shall apply to uses listed in
DCC 18.61.030(C)(2) and (3):
a. Sewer and Water Requirements:
1. New uses that require DEQ
Water Pollution Control Facility
(WPCF) permits shall be
required to connect to the La
Pine Sewer Treatment Facility in
lieu of obtaining a WPCF
permit.
2. Uses that do not require a WPCF
permit shall demonstrate the
ability to obtain approval for an
on-site sewage disposal system
either before approval of the land
use permit or as a condition of
permit approval.
3. If a use requires more than 5,000
gallons of water per day, an
application shall be made to the
Oregon Water Resources
Department for a water rights
permit or the use must be
connected to a municipal,
community or public water
system.
b. Compatibility:
1.
A use that requires a lot area
exceeding 9,000 square feet shall
not be permitted to locate
adjacent to a lot in a residential
district.
2.
A use expected to generate more
than 30 truck trailer or other
heavy equipment trips per day to
and from the subject property
shall not be permitted to locate
on a lot adjacent to or across a
street from a lot in a residential
district.
3.
Any use on a lot adjacent to or
across the street from a lot in a
residential district shall not emit
odor, dust, fumes, glare, flashing
lights, noise or similar
disturbances perceptible without
instruments more than 200 feet
in the direction of the affected
residential use or lot.
4.
Storage, loading and parking
areas for uses permitted by DCC
18.61.030(C)(2) and (3) shall be
screened from residential zones.
5.
No use requiring air contaminant
discharge permits shall be
approved by the Planning
Director or Hearings Body prior
to review by the applicable state
or federal permit reviewing
authority, nor shall such uses be
permitted adjacent to or across a
street from a residential lot.
6.
A property hosting a service
commercial use shall be subject
to a waiver of remonstrance
recorded in the Deschutes
County Book of Records
declaring that the operator and
PAGE 6 of 24 - EXHIBIT "A" TO ORDINANCE 2006-031 (10/30/06)
C.
d.
his or her successors will not
uses within urban growth
now or in the future file a
boundaries; and
complaint aimed at curtailing
3. That the determination of the
industrial activities on adjacent
work force of the community
properties conducted in
and surrounding rural area
conformance with DCC 18.61.
considers the total industrial and
Traffic/Parking.
commercial employment in the
1. A use that generates more than
community and is coordinated
20 auto or truck trips during the
with employment projections for
busiest hour of the day to and
nearby urban growth boundaries.
from the premises shall be
5. Additional Requirements. As a condition
served directly by an arterial or
of approval of any use proposed, the
collector.
Planning Director or Hearings Body may
2. An applicant must demonstrate
require:
that affected transportation
a. An increase in required setbacks.
facilities are adequate to serve
b. Additional off-street parking and
the proposed use, considering the
loading facilities.
functional classification,
c. Limitations on signs or lighting,
capacity and the level of service
hours of operation and points of
of such facilities.
ingress and egress.
3. All parking demand created by
d. Additional landscaping, screening
any use permitted by DCC
and other improvements.
18.61.030(C) shall be
6. Dimensional Standards. The following
accommodated on the applicant's
dimensional standards shall apply:
premises entirely off-street.
a. Minimum Lot Size. The minimum
4. There shall be only one ingress
lot size shall be determined subject to
and one egress from properties
the provisions of DCC 18.61.030(C)
accommodating uses covered by
concerning setback requirements,
DCC 18.61.030(C) per each 300
off-street parking and loading.
feet or fraction thereof of street
b. Lot Coverage. Notwithstanding
frontage. If necessary to meet
DCC 18.61.030(C)(3)(n), a use
this requirement, uses shall
permitted by DCC 18.61.030(C) is
provide for shared ingress and
located adjacent to or across the
egress.
street from a lot in a residential
Requirements for Large Scale Uses.
district shall not exceed 70 percent
Any industrial use listed in DCC
lot coverage by all buildings, storage
18.61.030(C)(2) and (3) may be
areas or facilities and required off-
allowed in a building or buildings
street parking and loading area.
exceeding 20,000 square feet of floor
c. Setbacks.
space if the Planning Director or
1. The minimum building setback
Hearings Body finds:
between a nonrailroad related
1. That such uses are necessary to
structure and a street, road or
provide employment that does
railroad right of way line shall be
not exceed the total projected
50 feet unless a greater setback is
work force within the
required for compliance with
community and the surrounding
Comprehensive Plan policies.
rural area;
2. The minimum setback between a
2. That such uses would not rely
structure and a property line
upon a work force served by
PAGE 7 of 24 - EXHIBIT "A" TO ORDINANCE 2006-031 (10/30/06)
adjoining a residential district
shall be 50 feet.
3. The minimum setback between a
structure and an existing use
shall be three feet from the
property line and at least six feet
from a structure on the adjoining
property.
d. Building Heights. The maximum
building height for any structure shall
be 30 feet on any lot adjacent to a
residential district and 45 feet on any
lot not adjacent to a residential
district or that is separated from a
residential district by a street or road.
However, if a building on a lot
adjacent to a residential district, but
not separated by a street or road, is
set back 100 feet or more from the
residential district, the maximum
height shall be 45 feet.
e. Minimum Lot Frontage. The
minimum lot frontage shall be 50
feet.
f. Side Yard. None required, except
when a parcel or lot with a side yard
adjacent to zoned forest land shall
have a minimum side yard of 100
feet.
g. Rear Yard. None required, except
when abutting a yard in a Residential
District, and then the rear yard shall
be a minimum of 20 feet. A parcel
or lot with a rear yard adjacent to
zoned forest land shall have a
minimum rear yard of 100 feet.
D. La Pine Business Park District.
1. Uses Permitted Subject to Site Plan
Review. The following uses and their
accessory uses are permitted subject to
the applicable provisions of DCC 18.61
and 18.116, Supplementary Provisions,
and DCC 18.124, Site Plan Review:
a. Commercial use, as defined in DCC
18.04, in a building or buildings each
not exceeding 8,000 square feet of
floor space.
b. Industrial use, as defined in DCC
18.04, in a building or buildings not
exceeding 20,000 square feet of floor
space.
2. Conditional Uses Permitted.
Notwithstanding the uses allowed under
DCC 18.61.030(D)(1), the following uses
may be allowed subject to the applicable
provisions of DCC 18.61 and DCC
18.124, Site Plan Review, and DCC
18.128, Conditional Use:
a. Mini-storage facility.
b. Processing use such as bottling plant,
creamery, laboratory, blueprinting
and photocopying, laundry, carpet
and rug cleaning plant, cleaning and
dyeing plant and tire retreading,
recapping and rebuilding.
c. Contractor's equipment storage or
sale yard, house mover, delivery
vehicles, transit storage, trucking
terminal and used equipment in
operable condition.
d. Manufacture of concrete products
and ceramic products using only
previously comminuted raw
materials.
e. Manufactured home sales and
service.
f. Lumber manufacturing and wood
processing.
g. Electrical substation.
h. Agricultural products storage and
processing plant.
i. Any use permitted by DCC
18.61.030(D) that is expected to:
1. Require lot coverage in excess of
70 percent;
2. Require more than one acre of
land; or
3. Generate any odor, dust, fumes,
glare, flashing lights or noise that
would be perceptible without
instruments 500 feet from the
property line of the subject use.
j. Wireless telecommunications
facilities, except those facilities
meeting the requirements of DCC
18.116.250(A) or (B).
3. Additional Requirements for Large Scale
Uses. A commercial use in the Business
PAGE 8 of 24 - EXHIBIT "A" TO ORDINANCE 2006-031 (10/30/06)
4
Park District may be allowed in a
building or buildings exceeding 8,000
square feet of floor space if the Planning
Director or Hearings Body finds:
a. That the intended customers for the
proposed use will come from the
community and surrounding rural
area, or the use will meet the travel
needs of the people passing through
the area, for the purposes of DCC
18.61.030(D), the surrounding rural
area shall be that area identified in
the map depicted as Figure 5 in the
La Pine Urban Unincorporated
Community section of the
Comprehensive Plan;
b. The use will primarily employ a
work force from the community and
surrounding rural area; and
c. That it is not practical to locate the
use in a building or buildings under
8,000 square feet of floor space.
Use Limits. The following limitations
and standards shall apply to all uses:
a. Sewer and Water Requirements:
1. New uses shall be required to
connect to the La Pine Sewer
Treatment Facility.
2. New uses must be connected to a
municipal, community or public
water system.
b. Compatibility:
1. A use that requires a lot area
exceeding 9,000 square feet shall
not be permitted to locate
adjacent to a lot in a residential
district.
2. A use expected to generate more
than 30 truck-trailer or other
heavy equipment trips per day to
and from the subject property
shall not be permitted to locate
on a lot adjacent to or across a
street from a lot in a residential
district.
3. Any use on a lot adjacent to or
across the street from a lot in a
residential district shall not emit
odor, dust, fumes, glare, flashing
lights, noise, or similar
disturbances perceptible without
instruments more than 200 feet
in the direction of the affected
residential use or lot.
4.
Storage, loading and parking
areas for all uses shall be
screened from residential zones.
5.
No use requiring air contaminant
discharge permits shall be
approved by the Planning
Director or Hearings Body prior
to review by the applicable state
or federal permit reviewing
authority, nor shall such uses be
permitted adjacent to or across a
street from a residential lot.
6.
A property hosting a service
commercial use shall be subject
to a waiver of remonstrance
recorded in the Deschutes
County Book of Records
declaring that the operator and
his or her successors will not
now or in the future file a
complaint aimed at curtailing
industrial activities on adjacent
properties conducted in
conformance with DCC 18.61.
c. Traffic/Parking
1.
A use that generates more than
20 auto or truck trips during the
busiest hour of the day to and
from the premises shall be
served directly by an arterial or
collector.
2.
An applicant must demonstrate
that affected transportation
facilities are adequate to serve
the proposed use, considering the
functional classification,
capacity and the level of service
of such facilities.
3.
All parking demand created by
any use permitted by DCC
18.61.030(D) shall be
accommodated on the applicant's
premises entirely off-street.
PAGE 9 of 24 - EXHIBIT "A" TO ORDINANCE 2006-031 (10/30/06)
4. Parking may be allowed within
greater setback is required for
the front yard building setback
compliance with Comprehensive
area except that no parking shall
Plan policies.
be allowed within 10 feet of any
b. Side Yard. None required, a
street.
structure and a property line
5. There shall be only one ingress
adjoining a street shall be 10 feet.
and one egress from properties
c. Rear Yard. None required, except
accommodating uses permitted
the minimum setback between a
by DCC 18.61.030(D) per each
structure and a property line
300 feet or fraction thereof of
adjoining a street or a residential
street frontage. If necessary to
district shall be 20 feet. A parcel or
meet this requirement, uses shall
lot with a rear yard adjacent to zoned
provide for shared ingress and
forestland shall have a minimum rear
egress.
yard of 100 feet.
5. Additional Requirements. As a condition
d. The minimum setback between a
of approval of any use proposed, the
structure and an existing use shall be
Planning Director or Hearings Body may
three feet from the property line and
require:
six feet from a structure on the
a. An increase in required setbacks.
adjoining property.
b. Additional off-street parking and
8. Building Height. The maximum building
loading facilities.
height for any structure shall be 30 feet
c. Limitations on signs or lighting,
on any lot adjacent to a residential district
hours of operation and points of
and 45 feet on any lot not adjacent to a
ingress and egress.
residential district or that is separated
d. Additional landscaping, screening
from a residential district by a street or
and other improvements.
road. However, if a building on a lot
6. Dimensional Standards. The following
adjacent to a residential district, but not
dimensional standards shall apply:
separated by a street or road, is set back
a. Minimum Lot Size. The minimum
100 feet or more from the residential
lot size shall be determined subject to
district, the maximum height shall be 45
the provisions of DCC 18.61.030(D)
feet.
concerning setback requirements,
off-street parking and loading.
E. La Pine Sewer Treatment District.
b. Minimum Lot Frontage. The
1. Uses Permitted Outright. The following
minimum lot frontage shall be 50
uses and their accessory uses are
feet.
permitted outright:
c. Lot Coverage. A use permitted by
a. Any use that is allowed by ORS
DCC 18.61.030(D), which is located
215.283(1), including utility facility
adjacent to or across the street from a
necessary for public service, except
lot in a residential district shall not
commercial facilities for the purpose
exceed 70 percent lot coverage by all
of generating power for public use by
buildings, storage areas or facilities
sale and transmission towers over
and required off-street parking and
200 feet in height.
loading area.
2. Conditional Uses Permitted. The
7. Setbacks.
following uses may be allowed subject to
a. Front Yard. The minimum setback
applicable provisions of DCC 18.61 and
between a building and the street that
DCC 18.116, Supplementary Provisions,
provides ingress and egress to that
DCC 18.124, Site Plan Review, and DCC
building shall be 30 feet unless a
18.128, Conditional Use and DCC
18.16.040(A):
PAGE 10 of 24 - EXHIBIT "A' TO ORDINANCE 2006-031 (10/30/06)
a. Parks, playground or community
centers owned and operated by a
governmental agency or a nonprofit
community organization.
3. Dimensional Standards. The following
dimensional standards shall apply:
a. Lot Coverage. No requirements.
b. Building Height. No building or
structure shall be erected or enlarged
to exceed 30 feet in height, except as
approved under DCC 18.120.040.
4. Yard and Setback Requirements.
a. Front Yard. The minimum front
yard shall be 20 feet.
b. Side Yard. A side yard shall be a
minimum of five feet and the sum of
the two side yards shall be a
minimum of 15 feet.
c. Rear Yard. The minimum rear yard
shall be 20 feet.
F. La Pine Flood Plain District. All uses
proposed within this district shall be subject
to the provisions in DCC 18.96, Flood Plain
Zone.
G. La Pine Community Facility District.
1. Uses Permitted Subject to Site Plan
Review. The following uses and their
accessory uses are permitted subject to
the applicable provisions of DCC 18.61,
DCC 18.116, Supplementary Provisions
and DCC 18.124, Site Plan Review:
a. Performing arts center.
b. Swimming pool.
c. Community center.
d. Public use.
e. School.
f. Theater.
2. Yard and Setback Requirements.
a. Front Yard. The front yard shall be
no more than 15 feet, except as
otherwise allowed by DCC
18.124.070(D)(2) and except when
abutting a lot in a Residential
District, in which case the front yard
shall be the front yard required in the
abutting Residential District. All
buildings shall be set at the front yard
setback line. A parcel or lot with a
front yard adjacent to zoned forest
land shall have a minimum front yard
of 100 feet.
b. Side Yard. None required, except
when abutting a lot in a Residential
District in which case the side yard
shall be the side yard required in the
abutting Residential District. A
parcel or lot with a side yard adjacent
to zoned forest land shall have a
minimum side yard of 100 feet.
c. Rear Yard. None required, except
when abutting a yard in a Residential
District, and then the rear yard shall
be a minimum of 20 feet. A parcel
or lot with a rear yard adjacent to
zoned forest land shall have a
minimum rear yard of 100 feet.
3. Dimensional Standards. The following
dimensional standards shall apply:
a. Lot Coverage. No requirements.
b. Building Height. No building or
structure shall be erected or enlarged
to exceed 30 feet in height, except as
approved under DCC 18.120.040.
4. Lot Size.
a. Lot Size. New lots shall have a
minimum width of 50 feet and a
minimum area of 5,000 square feet.
b. Lot Coverage. No requirements.
c. Building Height. No building or
structure shall be erected or enlarged
to exceed 30 feet in height, except as
approved under DCC 18.120.040.
5. Additional Requirements. As a condition
of approval of any use proposed, the
Planning Director or Hearings Body may
require:
a. An increase in required setbacks.
b. Additional off-street parking and
loading facilities.
c. Limitations on signs or lighting,
hours of operation and points of
ingress and egress.
d. Additional landscaping, screening
and other improvements.
H. La Pine Community Facility Limited District.
1. Uses Permitted Outright.
a. Multi-use path.
PAGE 11 of 24 - EXHIBIT "A" TO ORDINANCE 2006-031 (10/30/06)
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. School.
b. Park or playground.
(Ord. 2003-002 § 1, 2003; Ord. 2002-033 § 1,
2002; Ord. 2001-044 § 3, 2001; Ord. 2000-015 §
2, 2000; Ord. 97-063 § 3, 1997; Ord. 97-041 § 1,
1997; Ord. 97-017 § 4, 1997; Ord. 96-003 § 1,
1996)
18.61.040 Wickiup Junction Planning Area.
The Wickiup Junction Planning Area is
composed of one Commercial/Residential zoning
district with its own set of allowed uses and
regulations, as further set forth in DCC
18.61.040.
A. Uses Permitted Outright. The following uses
and their accessory uses are permitted
outright:
1. Single-family dwelling.
2. Manufactured home subject to DCC
18.116.070.
3. Two-family dwelling or duplex.
4. Class I and II road or street project
subject to approval as part of a land
partition, subdivision or subject to the
standards and criteria established by
DCC 18.116.230.
5. Class III road and street project.
6. Excavation, grading or fill and removal
activities involved in creation of a
wetland in areas not requiring a
conditional use permit for fill or removal.
B. Uses Permitted Subject to Site Plan Review.
The following uses and their accessory uses
are permitted subject to applicable provisions
of DCC18.61 and DCC 18.116,
Supplementary Provisions, and DCC 18.124,
Site Plan Review:
1. Park, playground and community
building.
2. Public Use.
3. A building or buildings not exceeding
8,000 square feet of floor space housing
any combination of:
a.
Retail store, office and service
establishment.
b.
Residential use in conjunction with a
permitted use.
c.
Art studio in conjunction with a
permitted use.
d.
Medical clinic.
e.
Automobile service station.
f.
Car wash.
g.
Day care facility.
h.
Restaurant and cocktail lounge.
i.
Club and fraternal lodge.
j.
Automobile and trailer sales.
k.
Any new use, or the expansion of an
existing use, allowed under DCC
18.61.040(B)(3) housed in a building
or buildings exceeding 8,000 square
feet of floor space, but not greater
than 12,000 square feet of floor
space, subject to the provisions of
DCC 18.61.040 (D).
C. 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 Uses:
1. Multi-family dwelling with three or
more units.
2. Tourist and travelers' accommo-
dations of up to 100 units, provided
the use is served by a community
sewer system as that term is defined
in OAR 660-22-010 (2).
3. Manufactured home park.
4. Travel trailer park.
5. Cluster development.
6. Church.
7. School.
8. Excavation, grading and fill and
removal within the bed and banks of
a stream or river or in a wetland
subject to DCC 18.120.050 and DCC
18.128.270.
9. Water supply and treatment facility.
10. Utility facility, except landfill.
PAGE 12 of 24 - EXHIBIT "A" TO ORDINANCE 2006-031 (10/30/06)
11. Television and radio station with or
3. That it is not practical to locate the use in
without a transmitter tower.
a building or buildings under 8,000
12. Nursing home.
square feet of floor space but could locate
13. Residential care facility for more
the use in a building not exceeding
than 15 people.
12,000 square feet of floor space.
14. A building or buildings not
exceeding 8,000 square feet of floor
E. For the purposes of DCC 18.61.040, the
space housing any combination of:
surrounding rural area shall be that area
-a. Veterinary clinic
identified in the map depicted as Figure 5 in
including enclosed kennel.
the La Pine Urban Unincorporated
-b. Automobile repair
Community section of the Comprehensive
Plan.
garage.
_c. Commercial amusement
F. Lot Size.
and recreation establishment.
1. New lots or parcels served by an
_e. Shopping complex
approved community, municipal or
subject to a master plan.
public water system and an approved
f. Mini-storage facility.
community or public sewage system
-g. Uses accessory to the
shall have a minimum width of 50 feet
J Z
uses identified in DCC
and a minimum area of 6,000 square feet.
Q
18.61.040.
Maximum lot size for residential
Q !r
15. Any new use, or the expansion of an
subdivisions shall be 15,000 square feet.
O
existing use, allowed under DCC
2. New lots or parcels served by either an
0
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18.61.040(C)(14) housed in a
approved community, non-community,
0
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building or buildings exceeding
municipal or public water system shall
0-
8,000 square feet, but not greater
have a minimum width of 100 feet and a
W ®
than 12,000 square feet, subject to
minimum area of 22,000 square feet.
the provisions of DCC 18.61.040
3. New lots or parcels not served by either
E-
(D).
an approved community, municipal or
O
16. Wireless telecommunications
public water system or an approved
®
facilities, except those facilities
community or public sewer system shall
meeting the requirements of DCC
have a minimum width of 150 feet with a
18.116.250(A) or (B).
minimum are of one acre. In addition, an
D.
Special Requirements for Large Scale uses.
applicant shall demonstrate that:
Any of the uses listed in DCC
a. The lot or parcel can meet DEQ on-
18.61.040(B)(3) and 18.61.040(C)(14) may
site sewage disposal rules then in
be allowed in a building or buildings
effect, which can be demonstrated
exceeding 8,000 square feet of floor space
either prior to land division approval
but not greater than 12,000 square feet of
or as a condition of such approval;
floor space if the Planning Director or
b. Residential subdivision will be
Hearings Body finds, based on evidence
served by either a municipal or
submitted by the applicant:
community water system or a non-
1 . That the intended customers for the
community public water system.
proposed use will come from the
G. Dimensional Standards. The following
community and surrounding rural area, or
dimensional standards shall apply:
the use will meet the travel needs of the
1. Lot Coverage. No requirements.
people passing through the area;
2. Building Height. No building or
2. The use will primarily employ a work
structure shall be erected or enlarged to
force from the community and
exceed thirty (30) feet in height, except
surrounding rural area; and
as approved under DCC 18.120.040.
PAGE 13 of 24 - EXHIBIT "A" TO ORDINANCE 2006-031 (10/30/06)
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H. Yards.
1. Front Yard. The front yard shall be no
more than 20 feet, except as otherwise
allowed by DCC 18.124.070(D)(2). All
buildings shall be set at the front yard
setback line.
2. Side Yard. None required, except when
a parcel or lot with a side yard adjacent to
zoned forest land shall have a minimum
side yard of 100 feet.
3. Rear Yard. None required, except when
a parcel or lot with a rear yard adjacent to
zoned forest land shall have a minimum
rear yard of 100 feet.
(Ord. 2004-013 § 6, 2004; Ord. 2003-008 § 1,
2003; Ord. 2002-015 § 1, 2002; 2000-015 § 2,
2000; Ord. 97-063 § 3, 1997; Ord. 96-007 § 1,
1996)
18.61.050. Neighborhood Planning Area.
A.
B
Purpose. The Neighborhood Planning Area
provides standards and review procedures for
development in the Neighborhood Planning
Area of the La Pine UUC and is the
"receiving area" for transferable development
credits (TDCs). The Neighborhood Planning
Area includes six zoning districts, each with
its own set of allowed uses, as further set
forth in DCC 18.61.050.
Water and Wastewater Facilities.
1All uses in the Neighborhood Planning
Area requiring water shall be connected
to the La Pine Water District water
system.
2.All uses in the Neighborhood Planning
Area that discharge wastewater shall be
connected to the La Pine Special Sewer
District sewage treatment facility or a
Department of Environmental Quality
approved community waste water
treatment facility serving the La Pine
Neighborhood Planning Area.
t.wo..._........ perimete...r ccvtlect«i'.........._altd......_._three
neighborhood collector roads will
provide access from Huntington Road
into the neighborhoods,
2..____..I'l e..._central_._,collec:tor and a perimeter
collector... will piov.ide___ access from
Burgess Road. The tl3ree perimeter
collectors dividing the neighborhoods
will be adiacent to open space corridors
that provide buffers between the four
Neighborhoods in the Neighborhood
Planningy Area..
3. Driveway access will not be allowed onto
the central collector and the
nei Tliborhood collectors.
............_.R4.0ter..__thatn...._a..__cont nota.......paved.....park ng
`~houldcr_., p~rrkn g in .....desJgn..ted p!t q
arets........._cait............ he............pr{)ti'..ided..__...._al c»3g.........._the
collectors for access to open space, parks
and residential lots.
5. Direct access from residential lots onto
the local streets and perimeter collectors
is permitted.
6. Shallow vegetated swales alongside
the roads will provide for drainage.
T A network of multi-use patlis will be
developed parallel to niany of the
col_l:eCtc>.r...._r4.a ds....._aa t....._in
buffe,..._aretj5..._along H;EI,n;tington..._t2q~rct....and
_
the eastern perimeter collector parallel to
Hig;hwav 97.
8. The precise layout of these roads and
multi-use paths will occur daring the
Quadrant Plan approval process as each
Neigahborhood and Quadrant is planned.
DC.Residential General District. Purpose: The
Residential General District is the largest area
of Neighborhood Planning Area. The district
is primarily for single-family residential uses
with a variety of lot sizes and housing styles.
-Some higher density housing is allowed in
specified locations.
1. Uses permitted outright.
a. Single-family dwelling, including a
"Class A" manufactured home.
b. Duplex.
c. Accessory dwelling.
d. Multi-use path.
e. Open space.
f. Residential facility or residential
home.
g. Home occupation that:
DOCUMENT POOR QUALITY
PAGE 14 of 24 - EXHIBIT "A" TO ORDINANCE 2006-031 (10/30/06) AT TIME OF RECORDING
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1): Is carried on within a dwelling
only by members of the family
who reside in the dwelling;
2:j 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:-51_Does not include the on-
premises display or sale of stock
in trade.
6:fi j ...............Does not have any outdoor
storage of materials used in the
home occupation.
h. Class ll road or street proiect subject
to approval as part of a land partition
subdivision or subject to the
standards and criteria established by
DCC 18.1 16.230.
i. Class 111 road and street project.
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. Multi-family dwelling, located along
the central collector road in the
Neighborhood Planning Area or
adjacent to Huntington or Burgess
Roads.
b. Bed and Breakfast Inn, located along
the central collector road in the
Neighborhood Planning Area or
Huntington or Burgess Roads.
c. Child care facility located adjacent to
the central or a neighborhood
collector road in the Neighborhood
Planning Area or Huntington or
Burgess Roads.
d. Park or playground.
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. Home occupation as defined in DCC
18.04.
b. Outdoor Recreational Equipment
Storage area 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
General District.
5. Yard and Setback Requirements. The
front, side and rear yard requirements in
Table 2 shall apply to uses in the
Residential General District.
6. Residential Density. The residential
density requirements in Tables 1 and 2
shall apply to the Residential General
District.
DE.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. Single Family Dwelling - Zero Lot
Line
c. Town home, duplex or triplex.
d.. Accessory dwelling.
e.. Live/work unit.
f. Multi-use path.
g. Open space.
h.. 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;
PAGE 15 of 24 - EXHIBIT "A" TO ORDINANCE 2006-031 (10/30/06) DOCUMENT POOR QUALITY
AT TIME OF RECORDING
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2.
3
4.
5
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.
i. Class 11 road or street proiect subject
to approval as art of a land partition
suhd iv i_si~rn............_r~r..........._suhiect.._.._....:tt> ............._the
standards and criteria established by
DCC 1 . 8 . 1 . 1 6....2.1.0....
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Class I[1 road and street project.
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.
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. Residential facility or residential
home.
b. Home occupation as defined in DCC
18.04.
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.
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.
B3;.. Community Facility District. Purpose: The
purpose of this district is to provide a location
for public and private uses and facilities that
serve the civic, social and recreational needs
of the community. The Community Facility
District also includes higher density housing.
1. Uses Permitted Outright.
a. Duplex, triplex or townhome.
b. Multi-use path.
b:cOpen space.
d. Class 11 road or street project subject
_gppro.Y.a.1_._4s's~xrt_Qf.a.._1~jnd...Paitit on.
Subi3rrrsNC»7........_or.............
. . . . . . . . . . . . .
Sik7ject .............to.............. the
;tat1.0.4-rdsa17t1..._crite.ri.a estala(is1).e.dby.
DCC 18.116.2 30.
g. Class III road and street project.
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. Multi-family dwelling.
b. Continuing care retirement center.
c. Hospital.
d. Medical facility.
e. Assisted living, congregate care
facility.
f. Nursing home.
g. Mixed use building (residential with
other permitted use in the district).
h. Child care center.
i. Public use.
j . Community center.
k. Church.
1. Senior center.
in. Library.
n. Museum.
o. Performing arts building.
p. Theater.
q. School.
r. Park or playground.
PAGE 16 of 24 - EXHIBIT "A' TO ORDINANCE 2006-031 (10/30/06)
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.
b. Retail or professional office use that
supports a permitted use in the
district.
4. Dimensional Standards. The lot size, lot
coverage block length, block perimeter
and building height standards shown in
Table 2 shall apply to the Community
Facility District
5. Yard and Setback Requirements. The
front, side and rear yard requirements in
Table 2 shall apply to uses in the
Community Facility District.
FG. Community Facility Limited District.
Purpose. The purpose of this district is to
provide locations for a school, recreation and
transportation facilities.
1. Uses permitted outright.
a. Multi-use path.
b. Open space.
c. Class II road or street project subject
to approval as part of a laid partition
Su cjiYi__ i<. D............_c>r..........._subic ct ............:tt>.............:the
standards and criteria established by
DCC 18.1.16.23(?.
d. Class III road and street proms
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. Park and ride facility.
b. School.
c. Park or playground.
3. Uses Permitted Subject to Conditional
Use. 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. Equestrian facility.
C+1_1. Neighborhood Commercial District.
Purpose: The purpose of this district is to
provide a location for small-scale
convenience commercial uses designed to
serve the Neighborhood Planning Area.
1. Uses Permitted Outright.
a. Multi-use path.
b. Open space.
c. Class 11 road or street project subject
to approval as part of a land partitions
subdivision or subject to the
standards and criteria established by
DCC; 18.116.230.
d. Class III road and street project.
2. Uses Permitted Subject to Site Plan
Review. The following uses and their
accessory uses are permitted in a building
or buildings each not exceeding 4,000
square feet of floor space, subject to
applicable provisions of DCC 18.61 and
DCC 18.116, Supplementary Provisions,
and DCC 18.124, Site Plan Review:
a. Convenience market.
b. Video store.
c. Retail store.
3. Conditional Uses Permitted. The
following uses and their accessory uses
are permitted in a building or buildings
each not exceeding 4,000 square feet of
floor space, 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: Such as but not
limited to:
a. Restaurant.
b. Laundray-mat.
c. Dry cleaning.
d. Art studio in conjunction with retail
use.
e. Professional office.
4. Dimensional Standards. The lot size, lot
coverage block length, block perimeter
and building height standards shown in
DOCUMENT POOR QUALITY
PAGE 17 of 24 -EXHIBIT "A" TO ORDINANCE 2006-031 (10/30/06) AT TIME OF RECORDING
Table 2 shall apply to the Commercial
Plan, Figure 17 in the Deschutes
District.
County Comprehensive Plan, DCC
5. Yard and Setback Requirements. The
23.36.052. The exact boundaries of
front, side and rear yard requirements in
the Neighborhood Parks shall be
Table 2 shall apply to uses in the
established at the time of approval of
Commercial District.
a Quadrant Plan under DCC
141. Park District. The purpose of this district is
18.61.0500.
to provide Neighborhood Parks in each of the
d. Platting. Neighborhood Parks shall
four neighborhoods within the Neighborhood
be platted as part of the first phase
Planning Area. This district may also apply
subdivision in an approved Quadrant
to an optional Regional Park that may be
Plan.
located in Neighborhood 2 and or 3 during
5. Regional Park Development Standards.
Quadrant Plan approval process.
a. The La Pine Neighborhood Planning
1. Uses Permitted Outright.
Area may include one Regional Park.
a. Multi-use path.
The Regional Park may be developed
b. Open space.
in Neighborhood 3 or 4.
c. Class 11 road or street project subject
b. Size Standard. The Regional Park
tc>. a ,,.p rc~ X11 ~s girt of land.1 partiti......o.n..,
-`..........1 a
shall be between 10 and 25 acres in
subdivision or subieet
:tc~
the
_
size
staild@r~s.._ltrlc~:...eri,tec~ia.._est.a t~l_j.511e
b}-~
d
c.K.J
c. The location of a Regional Park shall
.
DCC.; 18.116.
be determined during the quadrant
d. Class III road and street pro*ect.
planning of Neighborhoods 3 and/or
4.
2. Uses Subject to Provisions of DCC
d. If the Regional Park is located at the
18.61.050(H)(4).
intersection of the central collector
a. Neighborhood Park.
and a neighborhood collector at the
3. Conditional Uses. The following uses
center of a Neighborhood, it may
and their accessory uses are permitted
replace the required Neighborhood
subject to the development standards in
Park.
DCC 18.61.050(H)(5) and the applicable
e. Siting Standards.
provisions of DCC 18.61 and DCC
i. The Regional Park shall have
18.116, Supplementary Provisions, and
direct access to either a collector
DCC 18.124, Site Plan Review:
street and an arterial street or the
a. Regional Park.
central collector and a
4. Neighborhood Park Development
neighborhood collector street.
Standards.
ii. The Regional Park shall have
a. Size standard. Neighborhood Parks
direct access to a paved multi-
shall be a minimum of two acres and
use path.
no more than five acres in size.
11. Open Space District. The purpose of this
b. Location. Neighborhood Parks shall
district is to provide two types of open space
be located at the center of each
in the Neighborhood Planning Area.
Neighborhood and be fronted on at
Perimeter Open Space is located adjacent to
least three sides by public streets
Huntington and Burgess Roads, Highway 97,
including the central collector and a
and between existing residential lots west of
neighborhood collector.
Neighborhood 4. Perimeter Open Space will
c. Boundary Determination. The
provide visual and noise screening and
boundaries of the Neighborhood
locations for multi-use paths. Corridor Open
Parks are generally depicted on the
Space divides the four Neighborhoods, helps
Neighborhood Planning Area Park
DOCUMENT POOR QUALITY
PAGE 18 of 24 - EXHIBIT "A" TO ORDINANCE 2006-031 (10/30/06) AT TIME OF RECORDING
to maintain a rural feeling and contains
unpaved-multi-use paths.
1. Perimeter Open Space Uses Permitted
Outright.
a. Open space.
b. Multi-use path.
2. Corridor Open Space Uses Permitted
Outright.
a. Open space.
b. Multi-use path.
c. Picnic area.
d. Benches along multi-use path.
e. Park or playground managed by the
La Pine Park District or a
Neighborhood Planning Area
homeowners association.
3. Uses Permitted Subject to an Open Space
Management Plan under the provision of
DCC 18.61.050(I)(4).
a. Vegetation management for wildfire
hazard reduction.
b. Vegetation management for wildlife
habitat enhancement.
c. Landscaped earthen berm.
d........__Class...._1..._and:..._1:1:...:road..._or..._street.....hroi ect
Sibjg to ~1;p1?rcr~r~t1 a pait_of a land
partition, subdivision or subject to
the standards and criteria established
by DC:C.; 18.116.230.
4. Open Space Management Plan.
a. An open space management plan
shall be prepared for each Quadrant
as a component of a Quadrant Plan.
The plan shall be implemented as a
condition of approval for the final
plat of the first phase of any
development in a Quadrant. The
open space management plan shall
identify the funding source and
management responsibility for zoned
open space.
11,,. Quadrant Plan.
1. Plan Approval Required. Prior to
issuance of a building permit, approval of
a tentative plan or initiation of
development including streets or
placement of utilities within a
Neighborhood or Quadrant, a Quadrant
Plan shall be approved according to the
provisions of DCC 18.61.050.
2. Eligibility to Submit an Application.
Deschutes County will accept a Quadrant
Plan application from an owner or
developer who has an agreement with
Deschutes County of intent to purchase
land in the Quadrant. The County may
also prepare a Quadrant Plan.
3. Application Requirements. All
applications shall include the following
elements.
a. Zoning Plan, drawn to scale,
showing the boundaries of the
proposed zones and the acres in each
zone.
b. Transportation Plan, drawn to scale,
including locations of street rights-_of
_way for central collector,
neighborhood collector. perimeterr
collector and local streets, block
configurations and connections with
adjacent Quadrants.
c. Non-motorized Circulation Plan
showing locations of a Y~~._..sidewalks,
car -,multi-use
paths and where they will connect to
adjacent Quadrants.(}
d. Open Space and Park Plan, drawn to
scale, defining boundaries for the
open space district and
Neighborhood or Regional Parks
where applicable140.
e. Open Space Management Plan.
e. Utility Plan, drawn to scale,
identifying location and
specifications for sewer and water
facilities. The utility plan shall
include a schedule of improvement
initiation and completion and a
written narrative that explains or
describes:
1. How the proposed water and
sewer systems will be adequate
to serve the type and size of
development planned.
2. How the proposed location and
sizing of facilities will be
DOCUMENT POOR QUALITY
AT TWE OF RECORDING
PAGE 19 of 24 - EXHIBIT "A" TO ORDINANCE 2006-031 (10/30/06)
consistent with existing and
as the hearings body on an appeal of such
planned facilities.
a decision. An appeal of a quadrant plan
3. How adequate water flow
decision shall be considered pursuant to
volumes will be provided to
DCC Chapter 22.32, Appeals. A
meet fire flow and domestic
Quadrant Plan may be approved subject
demands.
to conditions with findings that the
g. Proposed design guidelines and
following criteria are met:
process for reviewing and approving
a. The Quadrant Plan contains all of the
buildings for conformance with the
elements required in DCC
guidelines. Notwithstanding DCC
18.61.0500(3).
23.40.020(F)(1)(g), and this
b. The Quadrant Plan conforms to the
requirement, no design guidelines
policies in the Deschutes County
shall be required for Quadrant lc.
Comprehensive Plan, DCC
h. A plan showing the zone boundaries
23.36.052.
for Neighborhood General and
c. There is adequate sewer and water
Neighborhood Center Districts.
capacity to serve the development
i. A plan showing the proposed
planned for the Quadrant and
locations and dimensions of road
agreements to provide service have
rights-of-way.
been signed with appropriate water
j. A written burden of proof statement
and sewer districts or providers.
with findings demonstrating
d. The streets proposed in the Quadrant
conformance with the goals and
Transportation Plan conform to the
policies of The Deschutes County
general location and connection
Comprehensive Plan, DCC
requirements of the La Pine
23.40.020, the applicable sections of
Neighborhood Street Plan, Figure 15
DCC 18.61, and any other applicable
in the Deschutes County
provisions of DCC Title 18.
Comprehensive Plan, DCC
k. A proposal for deed restrictions,
23.36.052. The proposed street
Covenants, Conditions and
design conforms to the standards in
Restrictions (CCRs), and a
DCC Title 17, Table 2 for the La
homeowners association.
Pine Neighborhood Planning Area.
Notwithstanding DCC
Final locations of road rights-of-way
23.40.020(F)(1)(g) and (h), no
approved under a quadrant plan will
proposal for deed restrictions, CCRs,
be determined through the process
and a homeowners association shall
for approval of a tentative plat under
be required with an application for a
DCC Title 17.
quadrant plan for Quadrant lc.
e. The pak'ed and multi-use
4. Quadrant Plan Approval. Approval of a
paths are located within or adjacent
Quadrant Plan is a land use action and
to the Perimeter or Corridor Open
shall be reviewed under the provisions of
Space as generally shown in the
DCC 22.20.020. Notwithstanding the
Non-Motorized Plan, Figure 16 in
order of hearings bodies listed under
the Deschutes County
DCC 22.24.020(A), Quadrant Plans shall
Comprehensive Plan, DCC
be subject to a public hearing before the
.23.36.052
Deschutes County Planning Commission.
f. The open space in the Open Space
The Planning Commission shall make the
and Park Plan conforms to the
decision to approve or deny an
standards in Deschutes County
application for a }.Quadrant pI'lan. The
Comprehensive Plan, DCC
Board of County Commissioners will act
23.36.020(D) and general location
PAGE 20 of 24 - EXHIBIT "A" TO ORDINANCE 2006-031 (10/30/06)
9.
shown in the La Pine Neighborhood
Parks and Open Space Plan, Figure
17 in the Comprehensive Plan. DCC
23.36.052.
The Zoning Plan conforms to the
following performance standards:
1. Neighborhood Commercial
District. A minimum of two and
a maximum of four acres of
Neighborhood Commercial
District shall be established in
Quadrant 3a or 3c.
Alternatively, if Quadrant Plans
for Quadrant 3a and 3c are
approved at the same time, the
maximum area of Neighborhood
Commercial District may be
divided between the two
Quadrants. The Neighborhood
Commercial zone shall be
located at the intersection of
Huntington Road and the
neighborhood collector that
bisects Neighborhood 3.
2. Community Facility District.
Quadrant 1 c shall be zoned as
Community Facility District.
3. Community Facility Limited
District. The portion of
Quadrant 3a that is located west
of Huntington Road shall be
zoned Community Facility
Limited. A maximum of 15
acres in the northwest section of
Quadrant 4a may be zoned
Community Facility Limited.
4. Residential Center District.
Each Quadrant except Quadrant
1 c and 1 d shall have a
Residential Center District with a
minimum of three acres and a
maximum of six acres. The area
of the Residential Center District
is gross acres including public
rights--of-=way. The Residential
Center District shall be a
contiguous area located so that it
is adjacent to both the central
collector and the collector street
that bisects the Neighborhood.
5. Residential General District.
The area zoned Residential
General shall be the area in each
Quadrant that remains after the
mandatory minimum Residential
Center, Neighborhood Parks and
Open Space zoning is defined.
6. Neighborhood Park District.
Where a Neighborhood Park is
specified on the La Pine
Neighborhood Parks and Open
Space Plan (Figure 17 in the
Deschutes County
Comprehensive Plan, DCC
23.36.052, the Quadrant Plan
shall zone a minimum of two
acres and a maximum of five
acres as Neighborhood Park
District. -The Neighborhood
Park District shall be located at
the intersection of the central
collector and the neighborhood
collector that that bisects the
Neighborhood.
7. Open Space District. The
Quadrant Plan shall designate the
following minimum areas as
Open Space District:
i. Minimum 200 foot wide
Corridor Open Space Buffer
between Neighborhoods 1
and 2; 2 and 3; and 3 and 4.
ii. Minimum 200 foot wide
Perimeter Open Space
adjacent to Highway 97.
iii. Minimum 75 foot wide
Perimeter Open Space
adjacent to Huntington and
Burgess Roads.
iv. Minimum 50 foot wide
Perimeter Open Space on the
west edge of Quadrants 4a
and 4c.
8. The proposed residential
densities and lot sizes conform
with the requirements of the
Residential General and
PAGE 21 of 24 - EXHIBIT "A' TO ORDINANCE 2006-031 (10/30/06)
Residential Center Zones as
further described as follows in
Tables 1 and 2:
(Ord 2006-031 § , 2006, Ord. 2005-026 § 1,
2005; Ord. 2003-028 § 2, 2003; Ord. 2003-005 §
1, 2003; Ord. 2001-044 § 3, 2001; Ord. 2001-037
§ 2, 2001; Ord. 2000-015 § 2, 2000)
TABLE 1. La Pine Neighborhood Planning Area Density Standards
DOCUMENT POOR QUALITY
AT TIME OF RECORDING
Maximum Density
Minimum Density
Lot Size Range Single-family
NEI
HBORHOOD "I
Resi
ential Center
12 units/acre
8 units/acre
2,400 - 4,500
Resi
dential General
6 units/acre
3 units/acre
4,000 - 7,000
NEI
HBORHOOI) 2,3 , & 4
_
Resi
ential Center
12 units/acre
6 units/acre
2,400 - 7,000
Resi
ential General
6 units/acre
2 units/acre
7,000 -15,000
NOTE: Density is calculated using gross acres, excluding collector street right-of-way.
TABLE 2. La Pine Neighborhood Planning Area Zoning Standards
RESIDENTIAL
GENERAL
RESIDENTIAL
CENTER
COMMUNITY
FACILITY
COMMUNITY
FACILITY
LIMITED
NEIGHBORHOOD
COMMERCIAL
LOT
StZE,Single-family -
NEI
HBORHOOD 1
Maxi
um square feet
7,000
4,500
N/A
N/A
N/A
Mini
um square feet
4,000
2,400
N/A
N/A
N/A
NEI
HBORHOOD 2
Maxi
um square feet
15,000
5,000
N/A
N/A
N/A
Mini
um square feet
7,000
3,500
N/A
N/A
N/A
LO 1'I
SIZE Townhorne
Mini
lum s~ umre feet
N A
_',4uu
2,400
NA
NA
LOT
SIZL L)uplex Triplex
Mini
Ium square feet
6,000
ti,000
N/A
NA
LOT
SIZE Multi-famil
Maxi
um square feet
no maximum
no maximum
no maximum
N/A
N/A
Mini
um square feet
15,000
10,000
10,000
N/A
N/A
LOT
SIZE Other uses
Maxiknum square feet
no maximum
no maximum
no maximum
no maximum
22,000
Min+um square feet
7,000
4,500
none
none
7,000
PAGE 22 of 24 - EXHIBIT "A" TO ORDINANCE 2006-031 (10/30/06)
RESIDENTIAL
RESIDENTIAL
COMMUNITY
COMMUNITY
NEIGHBORHOOD
GENERAL
CENTER
FACILITY
FACILITY
COMMERCIAL
LIMITED
LOT-
IDTH
.
35' for detached
50' for detached
single-family
dwellings
dwelling
Mini
um (feet)
24' for attached
50'
S0'
S0'
24' for attached
townhome
townhome or
zero lot line
development
LOT
DEPTI I
Mini
um (fcet)
i00,
10'
1 ~0'
150'
150'
REST
ENTIAL DENSITY
(per
>ross acre (1)
NEIG
HBORHOOD 1
Maxi
um
8.0
12.0
12.0
N/A
N/A
Mini
um
3.0
8.0
N/A
N/A
N/A
NEI
HBORHOODS 2,3 & 4
Maxi
um
6.0
12.0
N/A
N/A
N/A
Mini
um
2.0
6.0
SET
ACKS
Primi
ry Building
Fron
15' min.
10' min.
10' min
10' min
10' min.
5' plus 1/2 foot
Side
10' min.
None
5' min. or 0 lot
for each ft.
5' plus 1/2 foot for
each ft. building
line
building height
exceeds 20 '
exceeds 20' height
Side
t corner (2)
10'
5' or 0 lot line
5'
5'
5'
None except
None except
5' plus 1/2 foot
Rear
10'
abutting
abutting
for each ft.
5,
Residential
Residential
building height
General 5'
General 5'
exceeds 20'
GAR
GE SETBACKS
Min. from front ofbuildine
5
;
;
Sriq
N
SPE IAL SETBACKS
Percentage of the front side of
the structure that shall be sited
at the minimum front yard
N/A
50% min.(2)
N/A
N/A
N/A
setback.
LOI 'OVERAG
Maximum
600/,,
BLO K
REQ V IREML,N I-S(3)
PAGE 23 of 24 - EXHIBIT "A" TO ORDINANCE 2006-031 (10/25/06) DOCUMENT POOR QUALITY
AT TIME OF RECORDING
RESIDENTIAL
RESIDENTIAL
COMMUNITY
COMMUNITY
NEIGHBORHOOD
GENERAL
CENTER
FACILITY
FACILITY
COMMERCIAL
LIMITED
Maximum Perimeter
2,000'
1,600'
1,200'
N/A
1,200'
Maximum block length
without pedestrian connection
600'
600'
400'
800'
600'
BUL
DING' HEIGHT
Primary
40' except Res.
45' except Res.
General
General
30'
standards apply
standards apply
'
'
to single family.
to single family.
45
30
Townhomes 35
Townhomes 35
ft. max.
ft. max.
Accessory Dwelling or
Building
20'
25'
30'
30'
25'
Higher with Conditional Use
Permit
NO
YES up to 40'
YES
YES
NO
MINIMUM 'ONSI I L
PARKING
DCC 18.116
1-)CC 15.1 16
UCC I1.1 16
DCC 18.116
UCC' 11.1 16
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. 2005-026 § 2 , 2005; 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. 2000-015,2000)
PAGE 24 of 24 - EXHIBIT "A" TO ORDINANCE 2006-031 (10/25/06)
' EXHIBIT "B"
Community Development Department
n l Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX(541)385-1764
http://www.co.deschutes.or.us/cdd/
DESCHUTES COUNTY BOARD OF COMMISSIONERS
October 30, 2006
Staff: Steve Jorgensen, Senior Transportation Planner
Subject: Text Amendment TA-06-6 and Ordinance 2006-031, Proposal to amend Chapter
18.61, Urban Unincorporated Community - La Pine, of the Deschutes County
Code to amend and add clarifying language for subdivisions
INTRODUCTION
Chapter 18.61, Urban Unincorporated Community - La Pine includes section 18.61.050
Neighborhood Planning Area (NPA), which is the subject of this amendment. Staff is proposing
to amend these requirements in the Zoning Code for clarification and to better match the
language in the Comprehensive Plan. The Deschutes County Planning Commission held a
public hearing regarding this item on October 12, 2006. As a result of that hearing, the Planning
Commission forwarded a recommendation for approval (as modified) to the board of County
Commissioners.
DISCUSSION
After recent discussions with developers in the Neighborhood Planning Area (NPA), it became
apparent to staff that this chapter in the Zoning Code had inconsistencies related to "perimeter
collector" road access requirements in the Comprehensive Plan. The Plan identifies that direct
access is allowed to perimeter collectors in the NPA, however, this is not clear in Chapter
18.61.050 (as well as Table A which is the subject of TA-06-7). The County originally identified
the Central, Neighborhood and Perimeter Collectors as collector roads to help assure that north-
south and east-west connections would be included in future NPA developments. Typically,
direct property access is discouraged onto collector roadways since they are designed to carry
higher traffic volumes. In this case, the Comprehensive Plan takes into account that the
perimeter collectors in the NPA were intended to act more as local roads than collectors.
Unfortunately, this Chapter (and Table A) did not reflect this access issue in the NPA.
In addition to modifying this aspect of Chapter 18.61.050, Road Dept. and Planning staff took
the liberty of adding or clarifying language regarding the use of vegetated drainage swales and
layout of multi-use paths to this Chapter as well. Staff also reviewed it to insure compatibility
with Table A. In addition, the requirements for Class II and Class III road and street projects
were missing from this Chapter so they were added for consistency purposes.
PAGE 1 OF 1 EXHIBIT "B" TO RESOLUTION NO. 2006-031 (10/30/2006) 10/16/2006
Quality Services Performed with Pride