2006-1046-Ordinance No. 2006-035 Recorded 12/7/2006REVIEWED
1-~c
LEGAL COUNSEL
i~r,A REV E-VZW COMMITTEE FICIAL NANCYDESCHUBLANKENSHIPTES COUNTY CLERKDS Cd 00601046
REVIEWE
COMMISSIONERS' JOURNAL ,
11111111111111111111111111111111
2006-1046
11/0711006 01,12.10 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTY, OREGON
An Ordinance Amending Title 18, of the Deschutes
County Code and Declaring an Emergency.
ORDINANCE NO. 2006-035
WHEREAS, Pahlisch Homes (Elkhorn LLC) proposed a Text Amendment to Title 18, the Deschutes
County Zoning Ordinance, to make changes to the solar setback requirements in the Neighborhood Planning
Area of the La Pine Urban Unincorporated Community; and
WHEREAS, the Deschutes County Planning Commission held a duly noticed public hearing on
September 28, 2006, and recommended to the Board the proposed changes to Title 18 as described in Exhibits
"A" through "B"; and
WHEREAS, the Board of County Commissioners held a duly noticed public hearing on November 20,
2006; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 18.61.020, Urban Unincorporated Community Zone - La Pine, 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 stfikethr-oug .
Section 2. AMENDMENT. DCC 18.116.180, Supplementary Provisions, is amended to read as
described in Exhibit "B," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in str-ilk.
Section 3. FINDINGS. The Board adopts the Staff Report, adopted as Exhibit "C" to Ordinance 2006-
035 and incorporated herein by this reference, as its findings to support this Ordinance.
PAGE 1 OF 2 - ORDINANCE NO. 2006-035 (12/04/06)
Section 4. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and this Ordinance is takes effect on its
passage.
Dated this ~ of 06
BOARD OF COUNTY COMMISSIONERS
OF DESCHUT~, COUNTY, OREGON
R.
ATTEST:
jMU&,_-C 5dUA_.,
Recording Secretary
Date of 1St Reading:
day of 4&4~2006.
Date of 2nd Reading: day of CU'h-k4'-' n06.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke
Bev Clarno
Michael M. Daly
Effective date: /day of >,CJA~06.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2006-035 (12/04/06)
BEV CLARNO. VICE CHAIR
"Exhibit A"
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. C
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, D.
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, excepting
lots less than 10,000 square feet in size, or
under 80-feet average width, as defined by
DCC 17.08.030 "lot width," and located in
the Neighborhood Planning Area of the
Urban Unincorporated Community - La Pine.
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.
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.
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. 2006-035 § 1, 2006; Ord. 2000-015 § 2,
2000; Ord. 96-003 § 1, 1996)
Page 1 of 1- EXHIBIT "A" TO ORDINANCE NO. 2006-035 (12/04/06)
"Exhibit B"
18.116.180. Building setbacks for the
e. If a setback meeting this requirement
protection of solar access.
is not feasible due to physical
A. Purpose. The purpose of DCC 18.116.180 is
constraints of the lot, including, but
to provide as much solar access as practical
not limited to, rock outcroppings,
during the winter solar heating hours to
septic systems, existing legal
existing or potential buildings by requiring all
restrictions or lot dimensions, as
new structures
excepting lots less than
determined by the Planning Director
,
10
000 square feet in size or under 80-feet
or Hearings Body, then the structure
,
average width
as defined by DCC 17
08
030
or addition must be located as far to
,
.
.
the south on the lot as feasible and
"lot width," and located in the Nei borhood
must meet the standard set forth in
Planning Area of the Urban Unincorporated
DCC 18.116.180(B)(2).
Community- La Pine, to be constructed as
South Roof Protection Standard. The
2
far south on their lots as is necessary and
.
south roof protection standard is based on
feasible.
a 14 foot solar fence on the subject
B. Standards. Every new structure or addition to
property's north lot line which allows for
an existing structure, excepting lots less than
solar radiation on a neighboring building
10,000 square feet in size or under 80-feet
above eight feet from ground level and
average width, as defined by DCC 17.08.030
assuming a 20 foot setback from the
"lot width," and located in the Neighborhood
common boundary line to the
Planning Area of the Urban Unincorporated
neighboring building. Solar setbacks for
Community - La Pine, shall meet the
this standard can be calculated using the
following standards for a solar setback from
diagram in Appendix B-1 or estimated
the north lot line, except as provided in
using the table in Appendix B-2. Final
DCC 18.116.180(B)(3):
determination of the setback will be
1. South Wall Protection Standard. The
made using the Shadow Length computer
south wall protection standard is based
program by specifying a 14-foot solar
on an eight-foot solar fence on the
fence and additional site specific
subject property's north lot line which
information as listed in
allows solar radiation on a neighboring
DCC 18.116.180(B)(1).
building's south wall above two feet from
3. Exceptions. The south roof protection
the ground, assuming a 20-foot setback
standard shall not apply only if the
from the common property line to the
applicant establishes:
neighboring building. Solar setbacks for
a. That the structure cannot be located
the south wall protection standards can
on the lot without violating the
be calculated with the diagram in
requirements contained in Appendix
Appendix A-1 or estimated with the table
B; and
in Appendix A-2. Final determination of
b. That the structure is built with its
solar setback distance is made by
highest point as far to the south as
entering the following variables into the
feasible; and
Deschutes County Shadow Length
i. That the structure is a single
computer program:
family residence with a highest
a. Pole height;
point less than or equal to 16 feet
b. The eight-foot fence height;
high; or, if not a single family
c. The scale of the plot plan submitted
residence;
in feet per inch; and
ii. That it is a permitted or
d. Degrees of slope of the land from
conditional use for the lot.
east to west and from north to south.
4. Exemptions.
Page 1 of 2- EXHIBIT "B" TO ORDINANCE NO. 2006-035 (12/04/06)
"Exhibit B"
a. The governing body may exempt
from the provision of DCC
18.116.180 any area where it is
determined that solar uses are not
feasible because the area is already
substantially shaded due to heavy
vegetation, steep north facing slopes,
and any area or zone in which taller
buildings are planned.
b. The Planning Director or Hearings
Body shall exempt a structure from
the provisions of DCC 18:116.180 if
the structure will shade only a
protected area in which solar uses are
not feasible because the protected
area is already substantially shaded at
the time a request for exemption is
made and approved by the Planning
Director or Hearings Body.
c. The Planning Director or Hearings
Body shall exempt a structure from
the provisions of DCC 18.116.180 if
the structure is in conformance with
a solar height restriction as provided
in DCC Title 17, the
Subdivision/Partition Ordinance, as
amended.
(Ord. 2006-035 § 2, 2006; Ord. 2004-013 § 12,
2004; Ord. 91-038 § 1, 1991; Ord. 91-020 § 1,
1991; Ord. 83-037 § 3, 1983)
Page 2 of 2- EXHIBIT "B" TO ORDINANCE NO. 2006-035 (12/04/06)
a z r R~ r ~
"Exhibit C"
Community Development Department
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/
STAFF REPORT
TO: Deschutes County Board of Commissioners
FROM: Peter Gutowsky, Senior Planner
DATE: November 6, 2006
SUBJECT: Pahlisch Homes Solar Setback Text Amendment / Public Hearing
The Deschutes County Board of County Commissioners will hold a public hearing on
November 20, 2006 at the Deschutes Service Center, starting at 10:00 a.m. The Commission
will specifically consider text amendments proposed by Pahlisch Homes (Pahlisch) that modify
Deschutes County solar setback requirements for the Neighborhood Planning Area (NPA), in
the La Pine Urban Unincorporated Community (UUC).
A. Background
The Oregon Land Conservation and Development Commission in 1974 adopted Statewide
Goal 13: Energy Conservation (Attachment 1). Goal 13 lists planning and implementation
guidelines that encourage local governments to integrate energy efficiency techniques during
land use planning and development. Deschutes County adopted energy goals and policies into
its Comprehensive Plan in 1979 that emphasize managing land uses to maximize all forms of
energy conservation (Attachment 2).' The County's solar policies promote housing construction
with a long axis in the east-west direction and having solar access three hours before and after
solar noon.2 In 1981, the Oregon Legislature adopted a law that gave counties the authority to
adopt and implement solar access ordinances.3 In 1983, Deschutes County adopted a solar
height ordinance (Attachment 3).4 The purposes of the ordinance are to 1) regulate building
placement and height to insure access to solar energy; 2) promote and maximize energy
conservation by preserving the option to utilize solar energy; and, 3) implement the
Comprehensive Plan policies relating to solar energy.5
B. Pahlisch Text Amendment
Pahlisch submitted a text amendment to Deschutes County's solar setback requirements on
June 30, 2006 (Attachment 4), requesting solar setback exemptions for lots in the NPA that are:
• less than 10,000 square feet; or
• under 80 feet in average lot width
'PL-20, 1979.
2 Ibid. Policy 3c(1).
s ORS 215.044. http://www.Ieg.state.or.us/ors/215.htm1
4 Ordinance No. 83-037.
5 Ibid. Page 1.
Page 1 of 4 - EXHIBIT "C" TO ORDINANCE NO. 2006-035 (12/04/06)
Quality Services Performed with Pride
Based on Pahlisch's recent tentative subdivision plat for Quadrants 2A, 2B, and 2D (Tentative
Plat 2006-969), the text amendment would exempt every lot from a solar setback in
Neighborhood Two.s
C. Pahlisch Findings
Pahlisch revised its original burden of proof on August 28, after staff suggested they submit
additional findings.' At the public hearing, on September 28, Pahlisch supplemented its written
findings by testifying on the following:
• The difficulties of meeting passive solar setbacks for smaller lots, given the urban
density and lotting pattern of the NPA, which require a fourteen-foot solar fence ;8
• Trees, preserved in the NPA, represent a distinct design element that impede passive
solar since they are located in setback areas.
• The difficulties, incurred by the solar setbacks, of designing homes and street scenes
that offer any kind of diversification and interest, with the effect that the setbacks restrain
housing sizes, height, and styles;
• The energy and environmental benefits of Pahlisch's compact, multimodal, and transit-
oriented development and its close proximity to La Pine High School, neighborhood
parks and La Pine's commercial area;
• Pahlisch's housing construction materials, including insulation and appliances based on
Earth Advantage principles that demonstrate a commitment to energy efficiency.
• The difficulties of meeting solar setbacks during the development of Quadrant 2c and the
approaches that were taken to resolve solar access compliance issues, which included
waiving setbacks for zero lot-line lots and adjusting numerous north lot lines below 45
degrees north;
• The difficulties of establishing a solar setback lot configuration when the rectangular grid
pattern of Neighborhood 2 is constrained by Highway 97 and Huntington Road access
points, designated alignments of collector and arterial streets within the NPA, and the
County's own block length requirements for new subdivisions;
• La Pine's changing community characteristics, represented by demands on the current
land supply, development patterns, urban lot sizes, and desires to facilitate La Pine
incorporation by increasing the core area population; and
• The energy benefits of passive solar radiation are offset by current home construction
and insulation materials.
6 Findings and Decision: Tentative Plat 2006-969. The plat proposes 289 lots.
htti)://Iava5.deschutes.org/research/index.cfm
Pahlisch's supplemental findings are the last six pages of Attachment 4.
8 Solar Setback lines are measured from the highest shade producing point and vary in length according
to building height and slope. Shadows from structures constructed on a lot are not allowed to project
beyond a certain distance onto lots to the "north." The County's solar setbacks require a "14-foot solar
fence" on the subject property's north lot line. This "fence" assumes a 20-foot setback from the common
boundary line to the neighboring building, allowing for solar radiation on a neighboring building above 8-
feet from ground level.
Page 2 of 4 - EXHIBIT "C" TO ORDINANCE NO. 2006-035 (12/04/06)
D. Planning Commission Deliberation and Findings
During deliberations, Planning Commissioners expressed a concern that Pahlisch's amendment
could set a precedent for future residential developers in La Pine and other urban
unincorporated communities to seek exemptions from the County's passive solar requirements.
As energy policy evolves on a statewide and national level, the Planning Commission believes
solar setbacks offer opportunities to incorporate solar energy into land use and development.
Therefore, the Commission structured its recommendation to justify that the NPA possesses
distinct physical characteristics that warrant a solar setback amendment. Specifically, they
accepted Pahlisch's findings and found:
• Pahlisch's ownership of Neighborhood 2 and Vic Russell's ownership of
Neighborhood 1, Quadrants, 1 a, 1b, and 1d, warrant an exemption because of immediate
development expectations. As mentioned above, Pahlisch received tentative plat
approval for Quadrants 2a, 2b, and 2d. Vic Russell recently submitted a Quadrant Plan
for Quadrants 1 a, 1 b, and 1 d.9
• Solar setbacks should not be precluded from Neighborhoods 3 and 4 so future
developers can design Quadrant Plans and subdivision plats to universally meet the
County's solar setbacks.
• Lodgepole and ponderosa pines, preserved in the NPA, represent a distinct design
element that impedes passive solar;
• The rectangular grid pattern of Neighborhood 2, constrained by Highway 97 and
Huntington Road access points, limits the alignments of collector and arterial streets
within the NPA and subsequently, a rectangular grid pattern. This feature then impedes
passive solar by limiting the number of lots that can be configured within blocks running
along an east-west orientation;
• Pahlisch's development in Neighborhood 2 integrates innovative energy efficiency
techniques into land use by creating compact, multimodal, and transit-oriented
development that easily accesses La Pine High School, neighborhood parks and La
Pine's commercial area. This physical asset maximizes other forms of energy
conservation, including gasoline consumption and vehicle trips;
• Through Regional Problem Solving, the County purchased a 518-acre parcel of Bureau
of Land Management land to use as a tool to address potential ground water pollution.
This 518-acre parcel and a 66-acre parcel, formerly owned by Baldwin-Herndon Trust,
were included in the UUC and designated as the NPA. These lands were annexed into
the La Pine Sewer and Water Districts so that they could be served by municipal sewer
and water and developed as residential and community neighborhoods. This physical
asset maximizes other forms of energy conservation by allowing development to utilize
centralized water and sewer systems. Furthermore, funds derived from the NPA help
retrofit existing septic systems to nitrogen-reducing systems in the unsewered areas of
the La Pine sub-basin to help protect the region's groundwater quality.
The proposed exception would still retain roof top solar access, thereby allowing
homeowners to utilize active solar technology as public incentives and interest evolve
over time.
9 Quadrant Plan (QP) 061. http://Iava5.deschutes.org/research/index.cfm
Page 3 of 4 - EXHIBIT "C" TO ORDINANCE NO. 2006-035 (12/04/06)
E. Planning Commission Recommendation
On September 28, 2006, the Deschutes County Planning Commission recommended Pahlisch's
solar setback amendment to the Board with one modification, underlined below (Attachment 5).
Exempting solar setbacks for lots in Neighborhoods 1 and 2 of the NPA that are:
• less than 10,000 square feet; or
• under 80 feet in average lot width
F. Review Criteria
Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative
zoning text amendment. Pahlisch bears the burden for justifying that the solar setback
amendments are consistent with the Statewide Planning Goals and the County's
Comprehensive Plan. The parameters for evaluating this specific text amendment will be based
on whether Pahlisch provides adequate factual findings that demonstrate consistency with
Statewide Goal 13: Energy Conservation, and the County's own energy goals and policies.
G. Board Public Hearing
In preparation of the Board's hearing, a public notice was published in the Bend Bulletin on
November 5 and distributed to Vic Russell, the only member of the public who testified on
September 28.
H. Case File
The case file, reflecting all the findings and public testimony submitted since September 28,
2006, will be entered into the record on November 20.
Attachments:
1. Statewide Goal 13: Energy Conservation
2. Deschutes County Code Title 23 (Comprehensive Plan), Chapter 23.76 (Energy)
3. Deschutes County Ordinance No. 83-097
4. Pahlisch Solar Text Amendment Burden of Proof
Page 4 of 4 - EXHIBIT "C" TO ORDINANCE NO. 2006-035 (12/04/06)
Oregon's Statewide Planning Goals & Guidelines
GOAL 13: ENERGY CONSERVATION
OAR 660-015-0000(13)
To conserve energy.
Land and uses developed on the
land shall be managed and controlled so
as to maximize the conservation of all
forms of energy, based upon sound
economic principles.
GUIDELINES
A. PLANNING
1. Priority consideration inland
use planning should be given to
methods of analysis and implementation
measures that will assure achievement
of maximum efficiency in energy
utilization.
2. The allocation of land and
uses permitted on the land should seek
to minimize the depletion of
non-renewable sources of energy.
3. Land use planning should, to
the maximum extent possible, seek to
recycle and re-use vacant land and
those uses which are not energy
efficient.
4. Land use planning should, to
the maximum extent possible, combine
increasing density gradients along high
capacity transportation corridors to
achieve greater energy efficiency.
5. Plans directed toward energy
conservation within the planning area
should consider as a major determinant
the existing and potential capacity of the
renewable energy sources to yield
useful energy output. Renewable energy
sources include water, sunshine, wind,
geothermal heat and municipal, forest
and farm waste. Whenever possible,
land conservation and development
actions provided for under such plans
should utilize renewable energy
sources.
B. IMPLEMENTATION
1. Land use plans should be
based on utilization of the following
techniques and implementation devices
which can have a material impact on
energy efficiency:
a. Lot size, dimension, and siting
controls;
b. Building height, bulk and
surface area;
c. Density of uses, particularly
those which relate to housing densities;
d. Availability of light, wind and
air;
e. Compatibility of and
competition between competing land
use activities; and
f. Systems and incentives for the
collection, reuse and recycling of
metallic and nonmetallic waste.
Chapter 23.76. ENERGY
23.76.010. Energy.
23.76.020. Goals.
23.76.030. Policies.
23.76.010. Energy.
Deschutes County is presently an importer of energy. After 1983 the Bonneville Power Administration will
no longer assure 100 per cent distribution of electrical power. As with the rest of the nation, Deschutes
County can anticipate increasingly expensive and possibly even shortages of gasoline. Therefore, it is likely
that the County will face serious problems in the near future unless precautions are taken in time.
Hydropower generation in the County is limited to two sites, which are operating at capacity. There is
another potential site at Wickiup Dam.
There is a possibility for fossil fuel development in the eastern portion of the County, but it is presently
unfeasible. Local natural gas supplies could increase in the mid-1980's with the construction of a second
natural gas pipeline through Central Oregon. There also exists a possibility for a third gas line in the future.
There is presently some geothermal investigation occurring in the County near Newberry Crater and also
near the Three Sisters Mountains. Environmental impact statements to permit appropriate exploration in the
Cascades have already been prepared. Problems with objectionable smells from released gases, possible
groundwater contamination, earth subsidence or quakes are all hazards to be considered in geothermal
energy use. Loss of recreational lands and esthetic qualities are also possibilities.
It appears Deschutes County would have few, if any, appropriate sites for coal or natural gas thermal
generation plants, according to the State-wide Siting Task Force Report.
The County does have some possibility for other types of energy production. Wind generation may be
feasible if it can be tied to the existing power grid. Waste wood burning is popular and feasible and one
local manufacturer has constructed a 9000 KW facility, while another will save 6.9 million cubic feet of
natural gas each year using waste wood. County Pollution Control Bonds can be used to finance conversion
from fossil fuels to wood waste because it reduces a major solid waste problem, as well as reducing energy
costs to local industries and the outflow of local money for imported energy.
Energy conservation is another important resource that can reduce pollution, free existing energy resources
for other uses and reduce the outflow of money for energy. Education is possibly the most obvious way to
promote conservation. Coordination through the Extension Service and by establishing a paid coordinator
could do much to encourage conservation. Another way to obtain conservation is by regulation, such as by
establishing higher building and subdivision standards. Sometimes education and regulation can be
combined to require thermal ratings for new buildings so people can determine more efficient lay-outs, or by
requiring the heat loss analyses performed by utility companies to be kept on file for public review.
Recycling is also an energy saver. For example, aluminum when reclaimed takes only four percent of the
energy required to process raw ore, including handling and transportation costs. Recycled copper requires
only 11 percent of the energy needed to obtain the metal from raw ores. Some recycling already exists
locally but much more is possible.
Chapter 23.76 1 (01/2002)
Solar energy is a real possibility for Deschutes County. Proper siting of housing with a solar orientation can
permit critical sunlight access. Passive solar methods, such as proper window placement and seasonal
shading, can have significant impact.
Certainly one of the biggest energy issues to face Deschutes County is transportation. State-wide
transportation consumes 36 percent of total State-wide energy use, and it constitutes 56 percent of an
average household's energy use. As a rural area, Deschutes County is heavily dependent on automobiles
and thereby consumes considerable gasoline. Efforts to reduce motorized vehicles would be difficult but the
effect would be lower energy use, pollution levels and expenses. Just the reduction of road construction and
maintenance (re-sealing, snowplowing, etc.) would save considerable energy.
In light of local conditions and trends the following goals were chosen.
(Ord. 2002-005 § 1, 2002; Ord. 2000-017 § 1, 2000; Ord. 93-003, 1993; Ord. 92-051, 1992; Ord. 85-001,
1985; PL-20, 1979)
23.76.020. Goals.
1. To protect local natural energy sources.
2. To manage land uses to maximize the conservation of all forms of energy.
3. To assist, as appropriate, in the provision for adequate local energy supplies.
(Ord. 2002-005 § 1, 2002; Ord. 2000-017 § 1, 2000; Ord. 93-003, 1993; Ord. 92-051, 1992; Ord. 85-001,
1985; PL-20, 1979)
23.76.030. Policies.
1. General.
a. The County shall review and promote the development and use of local alternative energy
sources in order to prepare for future shortages and to reduce the outflow of local dollars to buy
energy.
b. Coordinated planning between local energy providers, particularly electrical, and the County
Planning Department shall be sought. This planning is to be directed at determining energy
needs in all parts of the County and assisting in the provision of adequate supplies and capital
facilities.
c. Construction of large thermal or nuclear plants locally should be discouraged unless approved
by a public vote.
d. Energy Assessment. During major plan updates, or more often as necessary, the County shall
assess its energy use and the potential for energy conservation. The County shall use
information available from the state and federal governments and utility companies.
2. Alternative energy sources - Geothermal resources policies.
a. Public involvement.
1. The Planning Division shall ensure that citizens, land owners, and lease holders are given
ample opportunity to be involved in all phases of geothermal planning and decision-making
that occur under the Counts jurisdiction. This involvement program shall provide for
continuity of citizen participation, and for information that enables citizens to identify and
comprehend geothermal issues.
2. Federal and state agencies exercising geothermal responsibilities in the County shall be
expected and encouraged to make use of the Counts existing citizen involvement program
whenever appropriate.
b. Intergovernmental coordination
1. The County shall encourage the formulation of federal and state land and resource
management policies which are consistent with the Counts geothermal policies. In this
regard the County shall endeavor to become a partner with the federal and state
governments in determining the future of geothermal energy in the County.
Chapter 23.76 2 (01/2002)
2. In view of the multiplicity of governmental jurisdiction over geothermal resources, the
County shall seek close coordination with all affected local, state, and federal agencies. In
this regard the Planning Division shall maintain regular communications with federal and
state agencies that are exercising geothermal responsibilities in the County, and shall keep
local officials informed of federal and state actions accordingly.
c. Resource assessment.
1. In order to identify and protect the undefined values of its geothermal resources, the County
shall support continued resource assessment activities by the public and private sectors. In
this regard, the Planning Division shall monitor such activities and collect additional
resource data wherever possible for inclusion in the Geothermal Element during updates or
amendments.
2. In recognition of the public benefit derived from greater resource knowledge, the County
may undertake its own resource assessment activities where such work is expected to
ultimately benefit the local economy. The results of County-sponsored resource
assessment will be given the widest possible dissemination in order to facilitate further
geothermal development consistent with County policies.
d. Resource Utilization.
1. The County supports utilization of geothermal resources, either with heat pumps, direct
applications, or for purposes of generating power. However, such support is conditioned on
the determination that the proposed use can be developed in a timely, orderly, and
environmentally-sound manner, and that adequate protection of the resource is provided so
as to ensure its continued availability and productivity over time. Further, such support is
limited to those resource areas where conflicting uses are not considered predominant, as
identified in Policy 5(F).
2. When County facilities are to be renovated or newly constructed, consideration shall be
given to the use of geothermal resources in these facilities when such use is technically and
economically advantageous. The County shall encourage other local entities to conduct
similar geothermal evaluations during their facility planning processes.
e. Economic development.
1. The County's support for geothermal development shall be closely coordinated with its
economic development program. The County believes that its low and moderate-
temperature resources may offer a significant comparative advantage to business and
industry, and it shall support geothermal projects that serve to retain or create employment
opportunities in the County.
f. Land-Use
1. For purposes of compliance with Statewide Planning Goal 5, the County believes its
geothermal resources and the conflicting uses identified in Section 4 of the Element should
be balanced according to site-specific relative merits. Implementation measures shall
provide protection for conflicting uses by conditionally allowing geothermal exploration
and production, thereby balancing the benefits to the County from both geothermal
resources and conflicting uses. This policy shall apply to all resource areas inventoried in
Section 2 of the Element, except in those areas where the conflicting uses listed in Table
4.1 of the Element shall be fully protected as follows:
a. Exploration and Production Prohibited.
i. That portion of the Newberry Volcano resource area lying within the exclusion area
boundary shown in Exhibit "B."
ii. Those areas presently defined by the Deschutes National Forest Land & Resource
Management Plan, incorporated hereby reference, as ineligible for leasing, specifically.
Wilderness, Research Natural Areas, Experimental Forest, Bend Municipal Watershed,
Developed Recreation Areas, and Dispersed Recreation Unroaded Winter Areas.
b. Production Prohibited (Exploration Allowed).
Chapter 23.76 3 (01/2002)
i. Those areas presently defined by the Deschutes National Forest Land & Resource
Management Plan, incorporated hereby by reference, as being limited to no surface
occupancy, specifically: Experimental Forest, Dispersed Recreation Unroaded Areas,
Dispersed Roaded Areas, Developed Recreation Areas, Protection Management Areas,
Special Management Areas, Potential Research Natural Areas, and Threatened and
Endangered Species Areas.
The County has determined that conflicting uses shall be fully protected in the foregoing
areas because of the greater economic, social, and environmental benefits that accrue from
the conflicting uses. In researching this determination, the County has relied upon the
discussion of conflicting uses and their consequences contained in Sections 4 and 5 of the
Geothermal Element; the Rural Development, Economy, and Recreation sections of the
Growth Management Element of the Comprehensive Plan; the Forest Lands, Open Spaces,
Fish & Wildlife, and Historic & Cultural sections of the Resource Management Element of
the Comprehensive Plan; the Recreation, Fish & Wildlife, Special Uses, Visual Quality,
Economy, Employment, and Forest Dependent Community Concept sections of the
Deschutes National Forest Land & Resource Management Plan; and the Oregon
Department of Economic Development 1983 Annual Economic Report for Deschutes
County. It is the Countys determination that the conflicting use information contained in
these references constitutes sufficient evidence of the greater importance of the conflicting
uses to the County, thereby warranting exclusion of geothermal exploration and/ or
production in the areas cited above.
ii.. The County recognizes that if utilization of geothermal energy is to be optimized, the
designation of land-uses for areas overlying geothermal resources must accommodate those
uses to which the resources can be applied. In this regard, the County shall incorporate
geothermal utilization as a determinant in land-use planning; and, where appropriate, shall
review permitted uses that can utilize. geothermal resources if and when suitable resources
are confirmed in an area. However, geothermal end-uses shall be pennitted only where
their compatibilitywith surrounding land-uses can be demonstrated with certainty.
g. Environmental protection.
1. In all cases the County's support for geothernal development shall be conditioned upon
satisfactory evidence that sufficient environmental safeguards are provided. Environmental
concerns of the County shall include, but not be limited to: air quality, water quality, noise,
subsidence, induced seismicity, water consumption, fish and wildlife, vegetation, historic
and cultural resources, visual and scenic qualities, erosion and earth stability, waste
disposal, and public safety and health.
h. Public facilities and services.
1. In addition to Policy G(1), in all cases the County's support for geothermal development
shall depend on the extent of impacts to public facilities and services. In this regard, the
County's concerns shall include, but not be limited to: roads, drainage, schools, law
enforcement, fire protection, water supply, sewage disposal, solid waste disposal, and
general administrative services.
2. The Planning Division, in consultation with the Public Works Department, shall monitor
geothermal activities in order to forecast impacts to public facilities and services; and shall
prepare capital improvement or related plans accordingly so as to support geothermal
development in a timely and orderly manner with a level of facilities and services
appropriate to such development.
i. Fiscal responsibilities.
1. In recognition of specialized administrative demands that may be placed on the County by
geothermal developers, the County shall require said developers to defray County expenses
associated with processing a geothermal permit request, or conduction related studies or
Chapter 23.76 4 (01/2002)
monitoring programs, directly required by a geothermal project. This Policy shall alsc
extend to any government agency engaged in geothermal development.
Alternative energy sources.
a. Wind. Because the wind is a non-polluting, renewable energy source, major wind devices and
associated facilities shall be conditional uses in agricultural, forest and other rural zones. Also,
small scale (less than 20 KW) private use of wind generators or pumps shall be encouraged.
b. Wood and slash wood. Given the availability and usefulness of waste and slash wood the
County shall maintain a waste wood dump for processors where the material shall be made
available to the public, and shall encourage U.S. Forest Service projects which make slash
wood available.
c. Solar. Because it is renewable and in plentiful supply locally the County shall encourage the
use of solar energy by.
1. Promoting the construction of housing with its long axis in the east-west direction and
having solar access three hours before and after solar noon (variances because of
topography, rock outcroppings or alternative solar access means may be permitted);
2. Providing avenues for establishing solar property rights (see ORS 215.110) by such
methods as solar sky space protective covenants in new developments and creating
standard methodology for adjacent properties to establish solar sky space easements; and,
3. Allowing for future centralized solar generation of electricity in the large vacant areas in the
eastern portions of the County (particularly on BLM lands).
d. Internal Operations. The County shall, when practicable, make energy efficiency and the use of
renewable resources a regular practice in its design and operation of buildings, equipment and
public facilities and services.
e. Recycling.
1. Recycling is an effective method of energy conservation. The County has adopted a
County-wide recycling program in compliance with Senate Bill 405. The primary
responsibility for this program is through the County Solid Waste Division. The ongoing
recycling program will provide for the following:
a. Identify projects and methods to achieve the specific goals; and
b. Require and annual review of program status.
2. The County shall consider the designation of a County employee as Recycling Coordinator
who is responsible for:
a. Encouraging recycling throughout the County,
b. Fostering communications about recycling among local governmental agencies,
organizations and the public; and,
c. Providing assistance to the County Solid Waste Advisory Committee in considering
and implementing ways to increase local recycling activities.
3. The County shall also consider recycling when enacting ordinances, issuing contracts and
franchises and when purchasing supplies.
4. The County shall study the possibility of initiating pilot projects regarding source
separation of recyclables and their collection in existing or new garbage franchises.
5. The County shall seek funds to provide staff assistance and resources for developing
recycling drop-off and storage centers in the Bend, Redmond, Sisters and La Pine areas.
f. Conservation.
1. All homes constructed in Deschutes County shall meet State insulation standards. The
County shall consider more stringent standards (both prescriptive and equivalent
performance criteria) and encourage innovative building design which meets the intent of
the prescriptive standards.
2. To assist the public in understanding energy conservation in their homes the County will
rate the "thermal effectiveness" of new or existing dwellings, if an owner requests, based on
such factors as window placement, shading, insulation values and thermal mass, and other
Chapter 23.76 5 (01/2002)
factors similar to the City of Davis, California, Community Development Department
Standards.
3. Because multi-family housing and other types of common wall construction is more energy
efficient the County shall encourage such development in urban areas.
4. Since "leapfrog" and scattered development is wasteful of energy in the provision of
services (school buses, fire protection, utilities and transportation) these patterns shall not
be permitted (see Rural Development and Urbanization chapters), and future development
should occur in higher densities along existing corridors in urban areas.
5. Public/Private Actions: The County shall encourage local residents and businesses to
conserve energy, to use renewable resources and to recycle materials. The County shall
coordinate its efforts with those of local organizations, special districts, utility companies
and state and federal agencies.
At the time of subdivision review, the County shall see that: Covenants which prevent
energy conservation, such as roofline requirements precluding solar panels, bans on
clotheslines and prohibitions on street motorcycles, shall not be established in proposed
developments.
6. The County shall account for its 1 % bicycle funds from the State Highway Funds, and shall
provide this accounting to the Bicycle Advisory Committee on an annual basis. The 1%
funds shall be the minimum spent to provide bicycle and pedestrian facilities within the
County. The County shall establish methods for funding pedestrian and bicycle facilities
that are not within the public right-of-way and therefore are not eligible for the 1% funds.
The County shall consider setting aside monies which might otherwise be used for
expanding motorized traffic ways and apply them toward a non-motorized transportation
system which accesses educational, recreation, employment and shopping areas as well as
connects to new development.
7. Oregon imports 45% of its energy as fuel for motorized vehicles. Nonmotorized
transportation is recognized as an important way to conserve energy. The County shall
provide bicycle and pedestrian connections between schools, residential areas, parks and
other recreation attractions, shopping centers, and other commercial and industrial centers.
In addition, the County shall encourage nomnotorized modes through the use of techniques
such as designating nonmotorized areas (pedestrian malls), installing traffic cells and traffic
calming designs, allocating a greater share of street space to nonmotorized modes,
restricting motor vehicle parking, and other pedestrian and bicycle-oriented land use
patterns.
8. As much as possible non-motorized systems should be favored over motorized
transportation systems.
9. New major consumers of energy, such as commerce and industry, shall be located
whenever possible near established energy distribution centers.
10. The County should set an example by weatherizing its buildings and considering passive or
active solar heat, perhaps with assistance from retrofit grants.
11. To promote public awareness of the reasons and need for energy conservation the County
shall develop an educational program for use County-wide.
(Ord. 2002-005 § 1, 2002; Ord. 2000-017 § 1, 2000; Ord. 93-003, 1993; Ord. 92-051, 1992; Ord. 85-001,
1985; Ord. 80-203, 1979; PL-20, 1979)
Chapter 23.76 6 (01/2002)
~V
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordin-
ance No. PL-15, Deschutes
County Zoning Ordinance of
1979, Providing for Building
Setbacks For the Protection
of Solar Access and Solar
Access Permits, Providing For
Definitions and Procedures,
and Providing For Permits.
ORDINANCE NO. 83-037
THE BOARD OF COUNTY COMMISSIONERS OF.DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Section 1.020, PURPOSE, of Ordinance PL-15, is
amended by the addition of the following:
"To regulate the placement, height and bulk of build-
ings; and the placement and growth of vegetation
within the County to insure access to solar energy by
reasonably regulating interests in property within the
County, as authorized under ORS 215.044 and ORS
105.880 through 105.890, to promote and maximize the
conservation of energy by preserving the option to
utilize solar energy and to implement the Comprehen-
sive Plan policies relating to solar energy.
To encourage the design of new buildings, structures
and developments which use solar energy and protect
future options.to use solar energy by protecting solar
access."
Section 2. Section 1.030, DEFINITIONS, of Ordinance PL-15,
is hereby amended to add the following new definitions:
"(34A) Exempt Vegetation. A tree or other plant that
is shown by the sun chart accompanying a solar
access permit application to cast existing
shade on a protected area.
(34B) Existing. Existing at the time of application.
1 - ORDINANCE NO. 83-037
(49A) Highest Shade Producing Point. The highest
shade producing point of the structure two
hours before and after the solar zenith on
December 21.
(77A) Northern Lot Line. For the purposes of Section
5.300, Building Setbacks for the Protection of
of Solar Access, the northern lot line shall be
the northerly edge of the lot on which an ap-
plicant's'structure is located, unless directly
north of the lot is an unbuildable area, in
which case northern lot line means the
northerly edge of the buildable area.
(91A) Potential Structure. For purpose-of solar
access protection on a potential struceure is
any structure or building that could be built
as a permitted use in a particular location
under existing development standards. under- the
existing Deschutes County Comprehensive Plan.
(93A) Productive Solar Collector. A solar collector
that provides no less than (a) 10 per cent of a
building's annual total energy requirements; or
(b) 50 per cent of a building's annual water
heating requirements.
~)94A) Protected Area. The specific area which is
provided solar access for specific hours and
dates under this Ordinance.
(114A) Shade. A shadow, except a shadow caused by a
narrow object, including but not limited to a
utility pole, an antenna, a wire, or a
flagpole.
(116A) Solar Access. Protection from shade for a
Yr specific area during specific hours and dates,
but not including protection from shade cast by
exempt vegetation.
(116B) Solar Access Permit. The instrument issued by
the County which limits the size of non-exempt
vegetation on certain lots in the vicinity of a
recorded solar collector.
(116C) Solar Collector. Any object that uses solar
a radiation for a useful purpose, including but
not limited to windows, walls, roofs and
collectors.
f'
- ~b
4
g.-
"s
y
ORDINANCE NO. 83-037
(116D) Solar.Heating Hours. The hours and dates
during which solar access is provided.
(116E) Solar Height Restriction. The allowable height
of buildings, structures and non-exempt vegeta-
tion on a property burdened by the solar access
of another property.
(125A) Substantially Shaded. Less than 80 per cent of
the available solar insolation is available
during winter solar heating hours to either the
south roof and/or wall of an existing or
potential structure.
(132A) Unbuildable Area. An area in which a structure
could not be built as a permitted use under
existing development standards for the area
under the existing Deschutes County Comprehen-
sive Plan.
(125 Sunchart. A photograph or photographs, taken
in accordance with the guidelines of the
Planning director, which plots the position of
the sun during each hour of the day and each
J month of the year relative to a protected area.
The sun chart shall contain at a minimum:
(A) Solar altitude in 10 degree increments;
(B) Solar azimuth measured from true south in
15 degree increments;
(C) If the solar collector is more than 20
feet wide, the southern skyline as seen
from the two end points and from the
center point o the lower edge of the
protected area; and
(D) A clear delineation of the existing ob-
jects which cast shadows on the protected
area, including hills, structures, and
deciduous and evergreen vegetation.
(136A) Winter Solar Heating Hours. The time period
r., extending two hours before and after the solar
zenith on December 21.
Section 3. The following Sections are added to Article 5,
SUPPLEMENTARY PROVISIONS, of Ordinance PL-15:
"Section 5.300. Building Setbacks for the Protection
of Solar Access.
3 - ORDINANCE NO. 83-037
x
~L
(1) Purpose. The purpose of this Section is to
provide as much solar access as practical during the
winter solar heating hours to existing or potential
buildings by requiring all new structures to be con-
structed as far south on thier lots as is necessary
and feasible.
(2) Standards. Every new structure or addition
to an existing structure shall meet the following
standards except as provided in (c) below:
l (A) South Wall Protection Standard. The
south wall protection standard is
established in Appendix A, and all new
structures or additions shall meet this
standard if feasible. If it is` not
feasible due to physical constraints of
the lot, including but not limited to
rock outcroppings, septic systems,
existing legal restrictions or lot'
dimensions, as determined by the
Planning Director, then the structure
or addition must be located as far to
the south on the lot as feasible and
must meet the standard set forth in (B)
below. .
(B) South Roof Protection Standard. All
new structures or additions to existing
structures shall meet the standard for
south roof protection set forth in
Appendix B.
(C) Exceptions. The south roof protection
standard shall not apply only if the
applicant establishes:
1. That the structure cannot be
located on the lot without
violating the requirements
contained in Appendix B; and
2. That the structure is built with
its highest point as far to the
south as feasible; and
(i) that the structure is a
single family residence with
a highest point less than or
equal to 16 feet high; or, if
not a single family resi-
dence;
"
4 - ORDINANCE NO. 83-037
r / (ii) that it is a permitted or
conditional use for the lot.
(3) %xemptions.
(A) The governing body may exempt from the
provision of this Section any area
which it determines that solar uses are
not feasible because the area is
already substantially shaded due to
heavy vegetation, steep north facing
slopes, and any area or zone in which
taller buildings are planned.
(B) The Planning Director shall exempt a
structure from the provisions of this
Section if the structure will shade
only a protected area in which solar
uses are not, feasible because the
protected area is already substantially
shaded at the time a request for
exemption is made and approved by the
Planning Director.
(C) The Planning Director shall exempt a
structure from the provisions of
Section 5.300 of this Ordinance if the
structure is in conformance with a
solar height restriction as provided in
Sections 4.300 and 6.030 of Ordinance
81-043, Deschutes County Subdivision/
Partition Ordinance, as amended.
Section 5.350. SOLAR ACCESS PERMIT.
(1) Purpose. The purpose of this Section is to
provide solar access to productive solar collectors by
establishing limitations, on a case by case basis, for
the growth of vegetation on certain lots in the
vicinity of a productive solar collector.
(2) Application for Solar Access Permit
(A) Any owner may submit an application for
a solar access permit to provide solar
access for a productive solar collector
located on the owner's real property.
(B) The application for a solar access per-
mit shall be on forms prescribed by the
County and shall contain at a minimum:
ORDIN,kNCE~ NQ. $3-037
a
1. A legal description of the appli-
cant's lot, including a statement
that the applicant is the owner of
the lot, and a description of the
nature of the applicant's interest
in the lot;
2. Documentation to show that the
solar collector is or will be a
productive solar collector within
one year of application;
3.
Descriptive drawings of the solar
collector showing its dimensions
and precise location;
4.
A sunchart and a statement of the
solar heating hours for which
solar access is sought:
5.
A statement that there is no
reasonable alternative location
for the solar collector that would
result in a lesser burden on a
neighboring lot;
h.
A statement that trimming the
vegetation on the applicant's lot
will not permit an alternative
location that would lessen the
burden on a neighboring lot;
7.
A list of the lots that are within
150 feet to the south, southeast,
or southwest of the solar collect-
or, including street, alleys and
other ubuildable areas; a legal
description for each such lot; the
owner or record and his address;
the exempt vegetation located on
the lot; and any existing non-
exempt vegetation likely to en-
croach on the protected area.
8.
A statement that none of the lots
impacted are located on a north
facing slope with a grade that
exceeds, on average, 15 per cent.
9.
A plot plan showing the location
of and delineating all exempt and
non-exempt vegetation as shown on
6 - ORDINANCE NO. 83-037
the sunchart photograph as well as
any non-exempt vegetation not
shown on the sunchart which may
encroach on the protected area in
the future. The plot plan shall
also include:
(i) The exact site of the solar
collector, its height and
its orientation.
(ii) Scale.
(iii) An indication of true north.
(iv) A survey of the lot.
(C) The solar access permit application__
shall..be approved if: .
1. The solar collector is or will be
a productive solar collector;
2. The protected area to be created
by the solar access permit is
reasonably located. A solar
access permit shall be denied
under this paragraph if the
applicant could trim his own
vegetation to permit an alterna-
tive location that would be less
burdensome upon a burdened neigh-
boring lot. A solar access permit
shall also be denied under this
paragraph if there is an alternate
location that would impose a
lesser burden on a neighboring lot
or lots.
3. The applicant requests solar
heating hours no greater than two
hours before and after the solar
zenith from September 22 to March
21, and three hours before and
after the solar zenith from March
22 to September 21;
4. The solar access provided by the
permit does not burden any lot:
with a north facing slope with a
grade that exceeds, on average, 15
7 - ORDINANCE NO. 83-037
5.
(3) Solar Access Permit Issuance and
Recordation.
(A) Upon the approval of an application,
the County shall issue and acknowledge
a solar access permit creating the
solar access requested in the appli-
cation.
(B) Upon receiving such a permit, the
County Clerk shall:
1. Record the solar access permit in
the chain of title of the appl-
icant's lot and of each neighbor-
ing lot identified in the appli-
cation; and
2. Keep a copy of the approved appli-
cation on file in County Records.
(C) The form of the solar access permit
shall be as prescribed by the County
and shall contain at a minimum:
1. A legal description of the appli-
cant's lot and each neighboring
lot to be burdened by the solar
access created by the solar access
permit; and
2. A complete description of the
solar access restrictions appli-
cable to each neighboring lot,
including the solar heating hours
during which solar access is
provided, and a sunchart showing
the plotted skyline, including
vegetation and structures, and a
scaled drawing showing the size
and location of the protected area
and its orientation with respect
to true south; and
8 - ORDINANCE NO. 83-037
{ 'f F _
3. A reference to where the approved
application may be-obtained.
(4) Obligation Created by Solar Access Permit.
The owner of any lot burdened by a solar access permit
shall trim any vegetation not exempted on the burdened
lot that shades the protected area created by the
solar access permit, provided that there is no vegeta-
tion on the lot benefited by the solar access permit
that also shades the protected area. The cost of such
trimming shall be borne by the owner of the benefited
lot if the vegetation existed at the time of permit
application as shown on the plot plan; and for all
other vegetation, by the owner of the burdened lot.
Before any trimming is required, the collector owner
must certify that the collector is still prodLrctive.
(5) Termination of Solar Access Permit.
(A) The Planning Director shall terminate
the solar access permit with respect to
all or part of the neighboring lots
burdened by the solar access permit if
a petition for termination is submitted
by the applicant or the applicant's
successor in interest, or the collector
is not productive for 12 consecutive
months.
(B) The County Clerk Shall record the
termination of the solar access permit
in the chain of title of each lot
affected by the termination.
Section 5. Subsection (6) of Section 4.010, of Ordinance
PL-15, is amended by the addition of the following:
"(E) The setback from the northern lot line shall meet
the solar setback requirements in Section 5.300."
Section 6. Subsection (5) of Section 4.020, of Ordinance
PL-15, is amended by the addition of the following:
"(E) The setback from the northern lot line shall meet
the solar setback requirements in Section 5.300."
Section 7. Subsection (6) of Section 4.030, of Ordinance
PL-15, is amended by the addition of the following:
"(D) The setback from the northern lot line shall meet
the solar setback requirements in Section 5.300."
9 - ORDINANCE NO. 83-037
Section 8. Subsection (7) of Section 4.040, of Ordinanc,
PL-15, is amended by the addition of the following: s
"(D) The setback from the northern lot line shall meet
the solar setback requirements in Section 5.300."
Section 9. Subsection (5) of Section 4.060, of ordinance
PL-15, is amended by the addition of the following:
"(D) The setback from the northern lot line shall meet
the solar setback requirements in Section 5.300."
Section 10. Subsection (5) of Section 4.070, of ordinance
PL-15, is amended by the addition of the following:
"(C) The setback from the northern lot line shall meet
the solar setback requirements in Section-5.300."
Section 11. Subsection (7)_of Section 4.08.0, of d-rdinance
PL-15, is amended by the addition of the following:
"(D) The setback from the northern lot line shall meet
the solar setback requirements in Section 5.300."
Section 12. Subsection (7) of Section 4.085, of Ordinance
PL-15, is amended by the addition of the following:
"(D) The setback from the northern lot line shall meet
the solar setback requirements in Section 5.300."
Section 13. Subsection (5) of Section 4.090, of Ordinance
PL-15, is amended by the addition of the following:
"(E) The setback from the northern lot
the solar setback requirements in
Section 14. Subsection (5) of Section
PL-15, is amended by the addition of the fo
"(C) The setback from the northern lot
the solar setback requirements in
line shall meet C1
Section 5.300."
4.100, of Ordinance
l lowing :
\v
line shall meet
Section 5.300."
Section 15. Subsection (5) of Section 4.110, of ordinance
PL-15, is amended by the addition of the following:
"(C) The setback from the northern lot line shall meet
the solar setback requirements in Section 5.300."
Section 16. Subsection (4) of Section 4.120, of ordinance
PL-15, is amended by the addition of the following:
10 - ORDINANCE NO. 83-037
"(D) The setback from the northern lot line shall meet
the solar setback requirements in Section 5.300."
Section 17. Subsection (8) of Section 4.130, of Ordinance
PL-15, is amended by the addition of the following:
"(D) The setback from the northern lot line shall meet
the solar setback requirements in Section 5.300."
Section 18. Subsection (8) of Section 4.140, of Ordinance
PL-15, is amended by the addition of the following:
"(D) The setback from the northern lot line shall meet
the solar setback requirements in Section 5.300."
Section 19. Subsection (5) of Section 4.150,70f Ordinance
PL-15, is amended by the addition of the following:
"(D) The setback from the northern lot line shall meet
the solar setback requirements in Section 5.300.
Section 20. Subsection (10) of Section 4.220, of Ordinance
PL-15, is amended by the addition of the following:
"(E) The setback from the northern lot line shall meet
the solar setback requirements in Section 5.300."
Section 21. Subsection (5) of Section 4.230, of Ordinance
PL-15, is amended by the addition of the following:
"(H) The setback from the northern lot line shall meet
the solar setback requirements in Section 5.300."
Section 22. Subsection (2) of Section 4.240, of Ordinance
PL-15, is amended by the addition of the following:
"(A) The setback from the northern lot line shall meet
the solar setback requirements in Section 5.300."
Section 23. Subsection (2) of Section 4._240, of Ordinance
PL-15, is amended by the addition of the following:
"(B) The setback from the northern lot line shall meet
the solar setback requirements in Section 5.300."
Section 24. Section 8.30 of Ordinance PL-15 is amended by
the addition of the following:
"(12) Planned Developments, Cluster Developments,
Destination Resorts and Dude Ranches shall meet
the solar access performance standard set forth
11 - ORDINANCE NO. 83-037
I ~
1
in the Deschutes County Subdivision Ordinance
No. 81-043, Section 6.030(5)."
Section 25. Ordinance PL-15 is amended by the addition c
Section 5.260, SOLAR HEIGHT RESTRICTIONS, which reads as follo
"Section 5.260. SOLAR HEIGHT RESTRICTIONS. No build-
ing, structure or non-exempt vegetation may exceed the
solar height restriction established on a burdened
property by the solar access of a benefited property."
DATED this 11"}- day of 1983.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
&Alttz 4~a,~~
SUSAN STONEMAN
Recording Secretary
ALB$K A. YOWG, Cha
LOI
OW P AN
TE,
Commissione
LAURENCE
A.~TUTT
E,
Commissioner
12 - ORDINANCE NO. 83-037
I
ru
IN
O
11
i
LP
O
0
(J~
t O
Ul
ONI~
z2a
\ '3b
o ~ -s
o
U p
CP mv, N
O
11->
C11
SE.T13ACIL DISTANCE
~o
~7Nd1SIC ~~t~91~~,
z~
/ 60 \
0
U
It
N
O
0
z4zk~-, r(l(e
rn_
o ~ P
C
\ ~o s D
O
Co-
~ o
r r
I\i 1 1
o5 -12A
BURDEN OF PROOF STATEMENT
PROPOSED TEXT AMENDMENTS
18.61.020(A) Standards in All Districts - Solar Setback
18.116.180(A) and (B) Building Setbacks for the Protection of Solar Access
APPLICANT: Pahlisch Homes
Attn: Steve Miller
63088 NE 18" Street, Ste 100
Bend, OR 97701
REQUEST: Text Amendment to the Solar Setback provisions for the Urban
Unincorporated Community - La Pine; Neighborhood Planning
Area. In order to achieve the goals and purpose of the
Neighborhood Planning Area, we hereby request a Text
Amendment to the text of Chapter 18.61.020(A) and Chapter
8.116.180(A) and (B).
1. APPLICABLE SECTIONS:
The following Sections of the Deschutes County Code (DCC) are affected by the
proposed Text Amendment.
A. Chapter 18.61, Urban Unincorporated Community Zone - La Pine
Subsection 18.61.020(A), Standards in All Districts.
B. Chapter 18.116, Supplementary Provisions
Subsections 18.116.180(A) and (B), Building Setbacks for the Protection
of Solar Access.
II. SITE FACTS:
A. LOCATION: The area affected by the proposed text amendment includes only
the Urban Unincorporated Community - La Pine; Neighborhood Planning Area.
B. ZONING: Urban Unincorporated Community - La Pine; Neighborhood Planning
Area.
C. SITE DESCRIPTION: The La Pine UUC is located in South Deschutes County
and is in close proximity to the Cascade Lakes and Mt. Bachelor. The La Pine
UUC includes three (3) separate planning areas, La Pine, Wickiup Junction and
Neighborhood, each with its own zoning districts. Development in the La Pine
UUC area includes residential, commercial, and industrial type uses similar to
any other small town. With the development of the La Pine sewer and La Pine
water districts single-family residential parcels are now located throughout the La
Pine UUC with lot sizes and development patterns resembling those found in an
incorporated city.
Per the La Pine Neighborhood Forest Plan, the La Pine area is characterized as
Classic Lodgepole Pine Forest primarily in the western and northeastern portion
Text Amendment - Solar Setback La Pine UUC
Page 1 of 15
of the UUC and Low-Dense Lodgepole Pine Forest in the southeastern portion of
the UUC. The surrounding forest is generally healthy with limited evidence of
insect and/or mistletoe intrusion, though some porcupine damage is common.
Topography is relatively flat within and around the La Pine UUC boundary.
D. EXHIBITS:
1. Neighborhood Planning Area
2. Approved Quadrant 2C
3. Goal 13 -Energy
4. Newberry Neighborhood Planning Area Solar Setback Exhibit
Proposal: We hereby propose the following amendments (all proposed amendments
are in bold underline) to the text of Chapter 18.61.020(A) and Chapter 8.116.180(A)
and (B) to read as follows:
Section 18.61.020(A):
A. Solar Setback. The setback from the north lot line shall meet the solar setback
requirement in DCC 18.116.180; exceptinq those on lots less than 10,000
square feet in size and under 80-feet in average width as defined by Section
17.08.030 of the DCC, and located in the Neighborhood Planning Area of
the Urban Unincorporated Community - La Pine
Section 18.116.180(A) and (B):
A. Purpose. The purpose of DCC 18.116.180 is to provide as much solar access as
practical during the winter solar heating hours to existing or potential buildings by
requiring all new structures, excepting those on lots less than 10,000 square
feet in size and under 80-feet in average width, as defined by Section
17.08.030 of the DCC and located in the Neighborhood Plannin Area of
the Urban Unincorporated Community- La Pine, to be constructed as far
south on their lots as is necessary and feasible.
B. Standards. Every new structure or addition to an existing structure, exceptinq
those on lots less than 10,000 square feet in size and under 80 feet in
average width as defined by Section 17 08 030 of the DCC, and located in
the Neighborhood Planning Area of the Urban Unincorporated Community
- La Pine, shall meet the following standards for a solar setback from the north
lot line, except as provided in DCC 18.116.180(8)(3).
History and Background of the La Pine area: As outlined in Chapter 23.40.020 of
the County's Comprehensive Plan, in the 1960-70s, over 12,000 lots were platted south
of Sun River. The majority of these lots have on-site sewage disposal systems which
led to groundwater pollution problems. While the ground water quality in the core La
Text Amendment - Solar Setback La Pine UUC
Page 2 of 15
Pine area was solved with the construction of a sewage treatment facility, the potential
for widespread water pollution problems in the surrounding areas was recognized in the
mid-1990s as the low density residential pattern had now spread over 50 square miles.
To address these growth challenges and public safety concerns, planning efforts were
initiated which resulted in the creation of the La Pine Rural Service Center and the
subsequent designation of the La Pine Urban Unincorporated Community (UUC). The
purpose of the UUC was to create urban development standards and review procedures
for new development that occurs in this area. In 2000, the La Pine UUC was expanded
further to include the Neighborhood Planning Area. One of the primary reasons for
designating the UUC boundary was to recognize the urban development pattern
occurring between Wickiup Junction and the south County line. The establishment of
the UUC boundary facilitated the development of the La Pine Sewer District and the La
Pine Water District, which in turn encouraged urban development within the UUC
boundary. The other benefit of the UUC boundary was the establishment of the
Neighborhood Planning Area, which was created to accept new growth and higher
densities that would have otherwise been directed to the existing rural subdivision lots in
the County thereby increasing the contamination of the ground water in the area.
One of the standards applied to the new Neighborhood Planning Area were the existing
solar standards of Chapter 18.116.180. These standards were initially adopted in 1983,
long before the adoption of not only the Urban Unincorporated Community of La Pine,
but also the creation of the Neighborhood Planning Area, and associated development
standards. The solar standard was intended to be applied primarily to rural subdivision
lots which tend to be significantly larger and wider in dimension than a more typical
urban dimensioned lot, as found in the Neighborhood Planning area.
Subsequently, the County initiated an RFP process to select a developer/homebuilder
to begin developing the Neighborhood Planning area and specific Quadrant Plans under
the newly adopted ordinances for development in this area. Pahlisch Homes was
selected as the developer and has completed Quadrant Plan approval for Neighborhood
2. Through specific and detailed site planning, a few inconsistencies or inadvertent
errors have been identified within the past couple of years that have required some
minor amendments to the text and standards for this area in order to achieve the larger
goals for the Neighborhood Planning Area. Solar standards for smaller lots are one of
the areas where difficulties arise in trying to achieve the density and lotting pattern
envisioned for this area.
Issues of Discussion: Currently, Section 18.61.020(A) requires all lots in the La Pine
UUC to meet the setback from the north line consistent with DCC 18.116.180 which
reads as follows:
18.116.180. Building setbacks for the protection of solar access.
A. Purpose. The purpose of DCC 18.116.180 is to provide as much solar
access as practical during the winter solar heating hours to existing or
Text Amendment - Solar Setback La Pine UUC
Page 3 of 15
potential buildings by requiring all new structures to be constructed as
far south on their lots as is necessary and feasible.
B. Standards. Every new structure or addition to an existing structure shall
meet the following standards for a solar setback from the north lot line,
except as provided in DCC 18.116.180(B)(3):
1. South Wall Protection Standard. The south wall protection
standard is based on an eight-foot solar fence on the subject
property's north lot line which allows solar radiation on a
neighboring building's south wall above two feet from the ground,
assuming a 20-foot setback from the common property line to the
neighboring building. Solar setbacks for the south wall protection
standards can be calculated with the diagram in Appendix A-1 or
estimated with the table in Appendix A-2. Final determination of
solar setback distance is made by entering the following variables
into the Deschutes County Shadow Length computer program:
a. Pole height,
b. The eight-foot fence height;
c. The scale of the plot plan submitted in feet per inch; and
d. Degrees of slope of the land from east to west and from north to
south.
e. If a setback meeting this requirement is not feasible due to
physical constraints of the lot, including, but not limited to, rock
outcroppings, septic systems, existing legal restrictions or lot
dimensions, as determined by the Planning Director or Hearings
Body, then the structure or addition must be located as far to the
south on the lot as feasible and must meet the standard set forth in
DCC 18.116.180(B)(2).
2. South Roof Protection Standard. The south roof protection
standard is based on a 14 foot solar fence on the subject
property's north lot line which allows for solar radiation on a
neighboring building above eight feet from ground level and
assuming a 20 foot setback from the common boundary line to the
neighboring building. Solar setbacks for this standard can be
calculated using the diagram in Appendix B-1 or estimated using
the table in Appendix B-2. Final determination of the setback will
be made using the Shadow Length computer program by
specifying a 14-foot solar fence and additional site specific
information as listed in DCC 18.116.180(B)(1).
3. Exceptions. The south roof protection standard shall not apply
only if the applicant establishes:
a. That the structure cannot be located on the lot without violating
the requirements contained in Appendix B; and
b. That the structure is built with its highest point as far to the
south as feasible; and
Text Amendment - Solar Setback La Pine UUC
Page 4 of 15
i. That the structure is a single family residence with a
highest point less than or equal to 16 feet high; or, if not a single
family residence;
ii. That it is a permitted or conditional use for the lot.
4. Exemptions,
a. The governing body may exempt from the provision of DCC
18.116.180 any area where it is determined that solar uses are not
feasible because the area is already substantially shaded due to
heavy vegetation, steep north facing slopes, and any area or zone
in which taller buildings are planned
b. The Planning Director or Hearings Body shall exempt a
structure from the provisions of DCC 18.116.180 if the structure will
shade only a protected area in which solar uses are not feasible
because the protected area is already substantially shaded at the
time a request for exemption is made and approved by the
Planning Director or Hearings Body.
c. The Planning Director or Hearings Body shall exempt a
structure from the provisions of DCC 18.116.180 if the structure is
in conformance with a solar height restriction as provided in DCC
Title 17, the Subdivision/Partition Ordinance, as amended.
RESPONSE: The goal of planning Urban Unincorporated Communities (UUC) is to
simultaneously accommodate growth within the community while enhancing the
economy, protecting the environment, and preserving or improving quality of life for
citizens in an equitable manner. In short, the intent is to provide more choices to
address present and future growth and development challenges. As outlined in the
Comprehensive Plan Chapter 23.40.020, the Neighborhood Planning Area and
associated development standards were established to provide a mix of housing types,
affordable housing opportunities, efficient land use patterns that are geared toward
multimodal systems and served by adequate infrastructure These goals and objectives
are also expressed in DCC Title 23; Comprehensive Plan, as follows.
By having a solar setback for the Neighborhood Planning Area that is commensurate
with the range of lot sizes allowed in the various residential zoning districts, it provides
the development community and the County with more flexibility in designing and
approving the types of developments that will come forward in the future for the
Neighborhood Planning Area.
As mentioned previously, the current solar setback requirements of the DCC work well
and were intended for typical rural County lots that are larger in size and width so as to
provide adequate room to position a home to meet the solar setback standard.
However, when applying the solar setback standards to lots within the Neighborhood
Planning area, which are between 4,000 square feet to 10,000 square feet in size, with
an average width between 50 to 75+ feet, it is extremely difficult to design homes and
street scenes that offer any kind of diversification and interest. As shown on the Solar
Setback Exhibit, which shows a variety of home types, lot sizes, and ridge heights, only
Text Amendment - Solar Setback La Pine UUC
Page 5 of 15
the narrowest of homes with the lowest ridge heights can even come close to meeting
the 14-foot solar fence setback, and this assumes the best case scenario with the
homes being placed as far south on the lot as possible.
The table below provides the current minimum lots sizes and lot widths for the two (2)
residential zoning districts within the Neighborhood Planning Area.
Urban Unincorporated Community - La Pine; Development Standards for
Residential Development.
Neighborhood Planning
Area Residential General
District Standards:
Standards Neighborhood 1
Requirements
Lot Size:
Minimum: 4,000 square feet
Maximum: 7,000 square feet
Lot Width:
50-feet for detached dwellings.
24-feet for attached townhome.
Standards Neighborhood 2
Requirements
Lot Size:
Minimum: 7,000 square feet.
Maximum: 15,000 square feet.
Lot Width:
50-feet for detached dwellings.
24-feet for attached townhome.
Neighborhood Planning
Area Residential Center
District Standards:
Standards Neighborhood 1
Requirements
Lot Size:
Minimum: 2,400 square feet.
Maximum: 4,500 square feet.
Lot Width:
35-feet for detached single
family dwelling.
24-feet for attached town home
or zero lot line development.
Standards Neighborhood 2
Requirements
Lot Size:
Minimum: 3,500 square feet.
Maximum: 5,000 square feet.
Lot Width:
35-feet for detached single
family dwelling.
24-feet for attached town home
or zero lot line development.
As you can see from the above tables, the lot sizes and dimensions required in the
Neighborhood Planning Area are reflective of urban style and density of development.
This urban development pattern is what was envisioned by the establishment of the
Urban Unincorporated Community (UUC) and Neighborhood Planning Area. What was
Text Amendment - Solar Setback La Pine UUC
Page 6 of 15
not anticipated, though, were the difficulties arising from the required application of the
current solar setback requirements per Chapter 18.116.180 on these smaller lots.
While the code allows for homes up to 30-feet in height, with the solar roof protection
standards listed below, only single story homes would be allowed on lots that are 50
feet wide, which is the minimum lot width in the this zone. The matrix below shows the
standards that would apply on a variety of lot widths and the resultant effect. Some
assumptions are factored into this matrix:
• the houses are placed as far to the south property line as allowed, which is 10-
feet per the standards of the Residential General zone,
• each house has a 2-car garage (22 feet wide) which is very typical and highly
desired in new homes, and
• the solar setback is from the north property line as per the standards outlined in
DCC Section 18.116.180 Appendix B-2.
Lot
Side
Roof
Solar
Approx
Discussion
Width
Setbacks
Height
Setback
House Width
24' X
Zero lot line
100'
development
35'X
5'
100'
40'X
100'
50'X
'
10'
16'
6.5'
30'
Limited to a single story home
100
with 2-car garage. 2 story
home not possible.
60'
'
10'
18'
12.9'
37'
Limited to a single story home
X100
with 2 car garage. 2 story
home not possible.
70'X
10'
24'
32.3'
27'
2 story home with 22 foot wide
100'
2-car garage and 5 feet of
house as the front fagade.
Doesn't' create an attractive
and appropriately scaled front
fagade. Width of house not to
scale with width of lot.
70' X
'
10'
26'
38.7'
21'
2 story home - 2 car garage
130
not possible.
80 X
10'
26'
38.7'
31'
2 story home limited to 26' tall.
100'
Width of house not to scale
with width of lot.
80'X
10'
28'
45.25
24'
2 story home - 2 car garage
120'
not possible.
Text Amendment - Solar Setback La Pine UUC
Page 7 of 15
The shaded areas indicate limitations on what can be built on the lot, and demonstrate
how the resulting house size or width is disproportionate to the size of the lot, and
inconsistent with what is considered urban style development. As indicated above,
application of the solar roof protection standard will only allow for a single story homes
on lots meeting the minimum width requirement within the Residential General Zone.
Because the minimum lot size is 7,000 feet, the typical residential lot would be 70 wide
x 100 feet deep. With a lot width of 70 feet (which is a bit wider than standard urban lot
widths) and assuming a 24 foot tall 2-story home (most people buying a 7,000 square
foot lot are not going to want a single story height limitation placed on the lot given what
they have paid for the land) the maximum width of the house would be 27 feet.
Assuming the 2-car garage at 22 feet, this leaves only 5 feet for the rest of the house to
be visible from the street. We don't believe this was what was envisioned for the
Neighborhood Planning Area. The same lot width would not allow a 2-story 26' tall
(steeper pitched roof) house. However, lots over 10,000 square feet in size and
greater than 80-feet in width are large enough to easily meet the solar standard and
provide for a house to scale with the lot.
APPLICABLE COMPREHENSIVE PLAN BACKGROUND, GOALS and POLICIES
Chapter 23.16. EXISTING CONDITIONS AND CONCERNS
23.16.050. Land use.
One of the most obvious results of growing County population has been
the sprawling residential development that has spread rapidly over much of
western Deschutes County. This has caused the loss of valuable
agricultural and forestland and accentuated the need for expensive public
services. Recreational and rural tract lots in the County in 1979 accounted
for 58 percent of the total lots. Interestingly, of these lots, 17,377 were
found to be undeveloped.
In the La Pine area, recreational subdivisions once seen as a boon to the
County taxpayer have slowly been changing to more permanent
occupancies that demand schools, buses, sheriff and fire patrol, as well as
a variety of other expensive services that must be delivered over a large
area.
Rural Service Centers have not been used as originally intended. Often the
land uses constructed have little or nothing to do with the servicing of the
rural population, but instead are just further examples of the spread of
commercial uses along the highways or the use of loopholes to avoid
planned development (i. e., Deschutes Junction).
23.16.080. Other.
Energy usage has been growing dramatically in Deschutes County, not
only because of the population growth but also due to the low-density
Text Amendment - Solar Setback La Pine UUC
Page 8 of 15
sprawled-out pattern, construction of energy consumptive commercial
uses and a general unconcern about energy by many citizens.
This brief summary of conditions, trends and local issues is not meant to
be all-encompassing, but it does include the major characteristics and
trends of concern in the preparation of this plan. Deschutes County has
available tremendous environmental and human resources but it also
suffers from many of the problems common to areas with rapid rates of
growth. The scenic and environmental qualities that first attracted people
will be needed in the future as well.
RESPONSE: One of the primary objectives of creating the Neighborhood Planning
Area was to help reduce rural sprawl, which is reflected by the seven (7) different
zoning districts within the Neighborhood Planning Area. The creation of the
Neighborhood Planning area reduces rural sprawl and increases energy efficiency by
having commercial, residential, public facilities (i.e. schools, community centers, etc.),
and parks/open space zoning districts located in a coordinated planning area with
adequate infrastructure to support these diverse uses. This pattern of development
provides much greater efficiency in the provision of public services (i.e. water and
sewer, police and fire protection, road maintenance, etc.) and promotes savings in
energy, particularly in transportation through the provision for integrated trail systems,.
By reducing motorized vehicle trips within the Neighborhood Planning Area through
comprehensive development patterns that integrate low and higher density residential
development with trails and open space, dependence on automobiles and the
consumption of gasoline will be reduced thereby lowering energy use, pollution levels,
and expenses to the citizens of the La Pine UUC.
By amending the solar setback standards for the Neighborhood Planning Area to
exempt lots that are less than 10,000 square feet in size and under 80-feet in average
width, development in the Neighborhood Planning area will be able to achieve the land
use goals and objectives of the Comprehensive Plan, and be consistent with the intent
of the Neighborhood Planning area.
Chapter 23.20. COMPREHENSIVE PLANNING PROCESS
23.20.040. Goals and policies.
A. Introduction.
The alternative chosen for growth in Deschutes County was one which
emphasized accommodating the anticipated growth of the area primarily
in the urban areas, with some rural development taking place in the
Rural Service Centers and in existing subdivisions. This new pattern
would then provide much greater efficiency in the provision of public
services and foster savings in energy, particularly in transportation.
The development pattern would also protect scarce resources, while
permitting compatible improvements.
Text Amendment - Solar Setback La Pine UUC
Page 9 of 15
B. Rural development.
DCC 23.20.040(B), Rural Development, serves as the basis for the rest of
the plan. Basic guidelines to do away with the former inefficient
development pattern and to accommodate the anticipated 7,050 new
rural residents are contained in DCC 23.20. Emphasis is placed on
maintaining the existing rural character of the County, while
acknowledging that Deschutes County is becoming more urban, by
concentrating new rural development in the Rural Service Centers. In
that way people desiring a rural lifestyle may do so without unduly
increasing the costs to others or utilizing resource lands. The only
exception to this rural pattern is in the La Pine area where emphasis is
laid on the incorporation of the community and improvements in local
services provided. The La Pine rural area is also likely to receive many
of the over 3,000 new rural homes which will be built, because so many
lots already exist in that area.
C. Urbanization.
Urbanization links this plan to those of the three incorporated
communities. DCC Chapter 23.20 provides parameters for the
establishment and expansion of the urban boundaries and provides
common guidelines to the cities to help them accommodate the 71,450
new residents that will need over 35,600 homes and 29,000, perhaps as
high as 35,000, new jobs. Sufficient land must be allocated and
managed to serve these new local citizens.
E. Housing.
Housing emphasizes the need for flexibility in housing styles and costs
so as to provide adequate homes for all segments of the community.
Also fostered are programs to help rehabilitate existing homes and to
accommodate low and moderate-income families through government
programs and efforts to reduce development costs.
L Energy.
The Energy chapter emphasizes more local independence in providing
energy, protection of future energy resources and better coordination
with energy providers. Information and education about energy and
local opportunities are stressed. As the population continues to grow
and because of the importance of tourism, energy will play an ever more
dominate role in local planning efforts. These policies seek to
emphasize the need for greater efficiency in development patterns and
construction, while surveying our available future options.
RESPONSE: As noted above under "B. Rural development", the basic principle for the
County is to do away with the "former inefficient development pattern", which serves as
the foundation for the rest of the Comprehensive Plan, in order to accommodate future
residents and maintain the rural character of the County. To move towards this goal
Text Amendment - Solar Setback La Pine UUC
Page 10 of 15
and ultimately achieve the objective, the County adopted rules and regulations that
would help concentrate rural development in Rural Service Centers (RSC) and/or Urban
Unincorporated Communities (UUC), rather than to allow rural subdivisions with 2 Y2
acre lots.
With the creation of the Neighborhood Planning Area, the County is able to reduce
ground water pollution in South Deschutes County, while at the same time, allow for
reasonable residential densities that will help reduce rural sprawl. The Neighborhood
Planning Area has been designed to make more efficient use of the land by having
commercial, residential, and park uses located in close proximity to each other, thereby
reducing infrastructure costs by serving a smaller area, limiting vehicle trips by grouping
multiple uses together, and promoting alternative modes of transportation through the
use of paths and trails. By reducing vehicle trips (commercial, residential, and parks all
located together) and decreasing public infrastructure costs by serving more people in a
smaller area, the Neighborhood Planning Area greatly decrease the amount of energy
being consumed.
The Neighborhood Planning area development pattern, lot sizes, and densities help to
reduce sprawl and promote alternative modes of transportation. Together, these
provide greater efficiency in development patterns consistent with the Energy goals and
policies of the Comprehensive Planning process outlined above. Please refer to the
more detailed description of how the proposed text amendments are consistent with the
discussion under Comprehensive Plan Chapter 23.76 Energy below.
As with any business or industry there is always a trade off and the underlying value in
the Sate of Oregon has always been to make the most efficient use of our land in order
to prevent sprawl into our resource and forest zoned lands. We understand the intent
behind the solar setback ordinance; however in an urban environment like the La Pine
UUC - Neighborhood Planning Area, the existing solar setback standards severely
restrict the allowed building sizes, heights and the ability to have a variety of housing
styles. Because the Neighborhood Planning Area requires smaller lot sizes, which in
turn helps to create more affordable home prices, it is important then to have relative
and achievable standards proportionate to the lot size. The current solar standards for
the smaller lots within the Neighborhood Planning Area reduces the County's ability to
meet the densities and housing goals envisioned by the Comprehensive Plan for this
area.
In summary, the proposed text amendment is limited to only the smaller lots within the
Neighborhood Planning area and is proportionate to the size and dimension of the lots.
The proposed text amendment enables development within the Neighborhood Planning
area to achieve the Comprehensive Plan's land use and housing goals envisioned for
this area.
Chapter 23.76. ENERGY
Text Amendment - Solar Setback La Pine UUC
Page 11 of 15
Energy conservation is another important resource that can reduce
pollution, free existing energy resources for other uses and reduce the
outflow of money for energy. Education is possibly the most obvious way
to promote conservation. Coordination through the Extension Service and
by establishing a paid coordinator could do much to encourage
conservation. Another way to obtain conservation is by regulation, such
as by establishing higher building and subdivision standards. Sometimes
education and regulation can be combined to require thermal ratings for
new buildings so people can determine more efficient lay-outs, or by
requiring the heat loss analyses performed by utility companies to be kept
on file for public review.
Solar energy is a real possibility for Deschutes County. Proper siting of
housing with a solar orientation can permit critical sunlight access.
Passive solar methods, such as proper window placement and seasonal
shading, can have significant impact.
Certainly one of the biggest energy issues to face Deschutes County is
transportation. State-wide transportation consumes 36 percent of total
State-wide energy use, and it constitutes 56 percent of an average
household's energy use. As a rural area, Deschutes County is heavily
dependent on automobiles and thereby consumes considerable gasoline.
Efforts to reduce motorized vehicles would be difficult but the effect would
be lower energy use, pollution levels and expenses.
23.76.020. Goals.
1. To protect local natural energy sources.
2. To manage land uses to maximize the conservation of all forms of
energy.
3. To assist, as appropriate,
energy supplies.
in the provision for adequate local
23.76.030. Policies.
9. General.
a. The County shall review and promote the development and use of
local alternative energy sources in order to prepare for future
shortages and to reduce the outflow of local dollars to buy
energy.
3. Alternative energy sources.
c. Solar. Because it is renewable and in plentiful supply locally the
County shall encourage the use of solar energy by:
Text Amendment - Solar Setback La Pine UUC
Page 12 of 15
1. Promoting the construction of housing with its long axis in the
east-west direction and having solar access three hours
before and after solar noon (variances because of topography,
rock outcroppings or alternative solar access means may be
permitted);
2. Providing avenues for establishing solar property rights (see
ORS 215.110) by such methods as solar sky space protective
covenants in new developments and creating standard
methodology for adjacent properties to establish solar sky
space easements; and,
3. Allowing for future centralized solar generation of electricity in
the large vacant areas in the eastern portions of the County
(particularly on BLM lands).
f. Conservation.
1. All homes constructed in Deschutes County shall meet State
insulation standards. The County shall consider more
stringent standards (both prescriptive and equivalent
performance criteria) and encourage innovative building
design which meets the intent of the prescriptive standards.
2. To assist the public in understanding energy conservation in
their homes the County will rate the "thermal effectiveness" of
new or existing dwellings, if an owner requests, based on such
factors as window placement, shading, insulation values and
thermal mass, and other factors similar to the City of Davis,
California, Community Development Department Standards.
3. Because multi-family housing and other types of common wall
construction is more energy efficient the County shall
encourage such development in urban areas.
4. Since "leapfrog" and scattered development is wasteful of
energy in the provision of services (school buses, fire
protection, utilities and transportation) these patterns shall not
be permitted (see Rural Development and Urbanization
chapters), and future development should occur in higher
densities along existing corridors in urban areas.
7. Oregon imports 45% of its energy as fuel for motorized
vehicles. Non-motorized transportation is recognized as an
important way to conserve energy. The County shall provide
bicycle and pedestrian connections between schools,
residential areas, parks and other recreation attractions,
shopping centers, and other commercial and industrial
centers. In addition, the County shall encourage non-
motorized modes through the use of techniques such as
designating non-motorized areas (pedestrian malls), installing
Tent Amendment - Solar Setback La Pine UUC
Page 13 of 15
traffic cells and traffic calming designs, allocating a greater
share of street space to non-motorized modes, restricting
motor vehicle parking, and other pedestrian and bicycle-
oriented land use patterns.
8. As much as possible non-motorized systems should be
favored over motorized transportation systems.
RESPONSE: As noted in Comprehensive Plan Chapter 23.76 Energy above, as well
as by Goal 13 - Energy (See Exhibit 3) there are numerous components to the use of
and conservation of energy, and solar energy is only one of those many components.
More specifically, Section 23.76.020(2) states that one of the energy goals of the
County is to "manage land uses to maximize the conservation of all forms of energy".
As such, the County needs to balance the application of specific solar standards with
other planning goals for the Neighborhood Planning area. The proposed text
amendment would allow for an exemption to the solar standard for smaller lots within
the Neighborhood Planning Area in order to achieve greater land use efficiency so
conservation of other energy forms can be realized.
While Pahlisch Homes is only one of perhaps several future builders within the
Neighborhood Planning area, the homes we are building are based on the "Earth
Advantage" principles and incorporate the following features:
• Energy Star High Efficiency Vinyl Windows - Outperform standard code
windows by 15%. They reduce hear loss in the winter and heat gain in the
summer by use of a Low-E coating, inert Argon gas and advanced frame
technologies.
• R-38 Vaulted Ceilings - Insulation reduces a home's heat loss in winter
and heat gain in summer.
• R-49 Attic Insulation - Reduces a home's heat loss in winter and heat gain
in summer
• Efficient Ductwork Design and Seal - Standard duct systems can lose up
to 30% of every dollar of heating and cooling costs. By using mastic to
seal all duct connections, conditioned air loss is reduced to less than 6%.
Mastic-sealed ducting also reduces air contaminants from entering the
home through the ducting.
• High Efficiency Gas Water Heater - Reduces energy use through a
superior burner design and a storage tank that limits heat loss.
• R-30 Insulated Floors - Provide above-code thermal protection
• Energy Star Qualified Furnace - Has annual fuel utilization efficiency
(AFUE) rating of 90% or greater, making it about 15% more efficient than
standard models.
• Energy Star Qualified Dishwasher - Uses 25% less energy and saves
about 1,000 gallons of water annually compared to a conventional model.
In addition to using the above elements in our homes, we also use other sustainable
features and techniques when building our homes that help promote high energy
Text Amendment - Solar Setback La Pine UUC
Page 14 of 15
efficiency and environmental responsibility; such as, but not limited to, placing the
utilities in a common trench, avoiding leapfrog construction, water-wise landscaping,
and recycling up to 65% of the job site waste.
While the proposal is to exempt lots less than 10,000 square feet in size and under 80-
feet in average width from the solar setback provisions, it still meets the goals of the
Energy chapter through energy efficient lotting patterns and house design and
construction, and allows reasonable roof-top solar access, which is the one of the
purposes of the ordinance. The solar ordinance attempted to balance the development
potential prior with the need to maintain a "reasonable amount of sunlight" for the
residential properties. The proposed text amendment is the minimal necessary to
achieve the overaching planning goals for the Neighborhood Planning Area while
balancing the goals for Energy conservation.
Summary and Conclusions: Solar setback standards at the County are applied to all
lots within the County regardless of there location, zoning, and minimum lot size
requirements. These solar standards were adopted before the Neighborhood Planning
area was established. The current solar setback requirements for the Neighborhood
Planning Area within the Urban Unincorporated Community - La Pine should be
amended to reflect a standard proportionate to the required lot sizes, and the
development pattern intended for the Neighborhood Planning area. Allowing more
compact development within the Neighborhood Planning Area boundary is achievable
provided the solar setback requirement is amended to exempt lots that are less than
10,000 square feet in size and under 80-feet in average width as defined by Section
17.08.030 of the DCC.
The proposed text amendment(s) allow for:
• Urban development and density/lot size patterns consistent with the purposes of
the Neighborhood Planning Area.
• Solar access protection for larger lots that allow adequate setbacks
commensurate with the lot size.
• House sizes and widths to scale with the lot widths/sizes.
• Facilitates residential development that is consistent with the Housing and
Energy goals and policies of the Comprehensive Plan for the Urban
Unincorporated Community - La Pine.
Therefore, we respectfully request approval of the proposed Text Amendment request.
Text Amendment - Solar Setback La Pine UUC
Page 15 of 15
4
See Mjp 21 10 C
~Z, CIA n rROSLAND RD.
r
UmmL
S) 299 i1 10 2 30 . , yi 1100
1 .0.
2 I 4 ) CL Q I 4 2 I
SAP SEC. MAP ~ .a.u ~ a N
et 7.11
44 22 10 36 8228 -..'200 w 09 T
-tai v6. ~A n ) a- zc 'nNSC' N 1. 1 N v-, ,-g: zr~.]:/ic
i
lid 100 1 i- o
~..a'+%u a.-a.t~)as7. /\~\►y l[{T7' ` lrl \~i~ o
Q •1 is <
A PTN CyZ
AP
4D w 221 ~v~~
w
cl. ,:100
if. L[
1-110
;1 r~"~;e .w[ , 'J.- 14
1600 225
c :1s,. ....p,. _ 100Q/ 100
Gil. L.. OI
rim}~y 4 ~I
t )Do 100
12
,208 SE_ MAP 1 1107
101 J 22-10-11 .v2
N3 :1907 •1• SEE I-60 -82
it 1701 22 10
` 107AI
IODC
- A
905' i w 100
SAP See Detail Mops
" SEE MA FOR TAX CODE
/ W ^
FOSS BOUNDARY ROAD I
168 ~ p° / SEF ~ tV~(
/ 1906
TRc= - FINLEY BUTTE
/ laoc I-T 13
~ 210 I
loo
IaP
16D 28CI 602 /,°ios _ 1-108 -
N
BOAC v~.«, -1800
T9.7•c• c~, p
1900 ~ ..N•71'° 100 °
i port of tax lot 600 0 2
map 22 11 eNgq~A `a
MAP'
23 24 N
~'J s Z
I 1
aP S E / CCMP1UWE?N S G
1 Itl e
)ID
10 2 3C I
s is rum shat
for intorma:ion Ourros-'s
st assist m p'
_ tbn wn~-=~'~
SEE M ^ 10 c!oo
0~ \ 10 2 sleets arc
22
made 35 [C 3000:=.-r -
J
S MAP ~ irieCompar/a~;c_c=
IiaCiGty ` : 3",
occurrlnc
190CG V
27 26
~ I , , ~ 25
111HIPIR
gaee_
_ _ CeeCH R0. _
_I' ewieoa~ to
O
Co
rn
,0
f
T
mil!
Do
Z
a
m D X70
D C0
C-
c
31
Cl)
-D
rn DII
ZZ
--I i
p~ xii
'C
~f III
~ F
z
rn
m
D
3
C0
Z
2
D
O
z
~o
~
O
'
O
1
p
N
N
PLANNING SUBMITTAL - October 15, 2003
a; $ 5 NEWBERRY NEIGHBORHOOD 2
' rr6 a BEND. OREGON
4Pga3e ti NEWBERRY NEIGHBORHOOD 2 MASTER PLAN
ry ~~1 E5 00 _ _
J y
Faklis hHomcs W
r~
A
PLANNING SUBMITTAL - October 15, 2003
?n~'n o ~ZES ~
NEWBERRY NEIGHBORHOOD 2
8; ; 8 • BEND. OREGON
31~~ D BEND, OREGON
TENTATIVE PLAT PLAN
a~IllIISC1 t q
QUADRANT 2C
'llK2 ~ I-0 lira
I I
III
I I
\ I I
\
I
~ I
i
co
.~aa
nI
~ ~~fp /
r
191, Q
ql c~ll~ T \ \ ' \
mpg 1~2
01~ \
d \
\
~ P A A A A o~ \ \ \
G g R ~ ~ F ~ ~ \
n \ \
€ a F $ 9 \
11
_ ~ I I si
II
11 I ~ - \ ^3
PLANNING SUBMITTAL - October 15, 2003
NEWBERRY NEIGHBORHOOD 2 ^ ~zES
°9.0 • °O
BEND, OREGON
00
TENTATIVE QUADRANT PLAN \ m
o IT q- QUADRANT 2D - OPTION 2 Hk I5GkHOf11C5 j
I I i
ICI
~ I
III
II
I I
I I I
a
I
J~I
~I
nI
-3 1
0
I
I
J
` <t
I
\9l
\ \ \0l~~c
'r;
0 o m \ Iy'9 f \ \ \
a
4 b - "~o iii A^ > ` \ \
tv 19
o \ \
P A A A A A
n \
4 \
11 ~
_ III ~
w
PLANNING SUBMITTAL - October 15, 2003
T
F;~ 5
el 3
'
NEWBERRY NEIGHBORHOOD 2
r~SES o
-1"
s-
tl Tex
~ ~ ~
BEND, OREGON
0
4 L
y i
00 °
_
^ 3d
TENTATIVE QUADRANT PLAN
PW
a IschNames
W a
0
1
a~~ a
~
QUADRANT 2D - OPTION 1
ti
.R
PLANNING SUBMITTAL - October 15, 2003
09 "111
3 a NEWBERRY NEIGHBORHOOD 2 ,tES °
BEND, OREGON
v s xx ~8 TENTATIVE QUADRANT PLAN / w s
3d a isck Omes
a 8.~ 2C
QUADRANT
2 a ° Ti,..T.. I-s ay [I.-
....v,. 1onen> > .a..
v vv h`~p~~/ vvv~~ v v v /
r
..j b . \
\t~~ £I \
\ ~O~
e a a ~ ~ r
\
n
4)
PLANNING SUBMITTAL - October 15, 2003
_3 NEWBERRY NEIGHBORHOOD 2 ,tEs
8. ti BEND, OREGON ur °o~
m sm3-~-'-`~ TENTATIVE QUADRANT PLAN p IIj \ Im
3e QUADRANT 28 P~IISCtI~QtTiCS
0
6 ~ y
i
i
i
l:
k
t/
-
~
Ant
yi
Y
A
ro
ALA
j~
o
mm°m°
nn
Z
A
~
~
A
o
A
Cn
02
7
oo
7Z
~
aA
~
2
9
A
~
Q
5
n
N
o
2
N
-
n
zz
9
=
nv
n
o
m
xE
v
zo
m
r
°a
A
~
o^
8
-
N
o
a
o
o
c
u
a
A
m
:
80
~
u
a
n
n
AD
C
a
d
.j
a
gg4 ~ ~ k ~ F I
S S fl F~ q `0 F 9 8
I N
4
PLANNING SUBMITTAL - October 15, 2003
a„B~3s NEWBERRY NEIGHBORHOOD 2 ~~ES
° Yxg€b BEND, OREGON
Cn e a 3=;-~ o TENTATIVE QUADRANT PLAN / II~ \ a i
j e FNlf= QUADRANT 2A Fahl hHomes
Oregon's Statewide Planning Goals & Guidelines
GOAL 13: ENERGY CONSERVATION
OAR 660-015-0000(13)
To conserve energy.
Land and uses developed on the
land shall be managed and controlled so
as to maximize the conservation of all
forms of energy, based upon sound
economic principles.
GUIDELINES
A. PLANNING
1. Priority consideration in land
use planning should be given to
methods of analysis and implementation
measures that will assure achievement
of maximum efficiency in energy
utilization.
2. The allocation of land and
uses permitted on the land should seek
to minimize the depletion of
non-renewable sources of energy.
3. Land use planning should, to
the maximum extent possible, seek to
recycle and re-use vacant land and
those uses which are not energy
efficient.
4. Land use planning should, to
the maximum extent possible, combine
increasing density gradients along high
capacity transportation corridors to
achieve greater energy efficiency.
5. Plans directed toward energy
conservation within the planning area
should consider as a major determinant
the existing and potential capacity of the
renewable energy sources to yield
useful energy output. Renewable energy
sources include water, sunshine, wind,
geothermal heat and municipal, forest
and farm waste. Whenever possible,
land conservation and development
actions provided for under such plans
should utilize renewable energy
sources.
B. IMPLEMENTATION
1. Land use plans should be
based on utilization of the following
techniques and implementation devices
which can have a material impact on
energy efficiency:
a. Lot size, dimension, and siting
controls;
b. Building height, bulk and
surface area;
c. Density of uses, particularly
those which relate to housing densities;
d. Availability of light, wind and
air;
e. Compatibility of and
competition between competing land
use activities; and
f. Systems and incentives for the
collection, reuse and recycling of
metallic and nonmetallic waste.
80YANNPOl
Chapter 23.16. EXISTING CONDITIONS AND CONCERNS
23.16.010.
Introduction.
23.16.020.
Population.
23.16.030.
Economy.
23.16.040.
Housing.
23.16.050.
Land use.
23.16.060.
Public facilities.
23.16.070.
Transportation.
23.16.080.
Other.
23.16.010. Introduction.
Before a plan can be prepared for a community, there must be an understanding of the physical structure,
general attitudes and existing trends which identify that community as the unique society that is constitutes.
Further, it is important that there exist some understanding of the problems and issues facing the local
community. The purpose of this portion of the plan is to briefly review the status of some of the elements
which make up Deschutes County in 1979 and discuss the apparent direction which the County seems to be
taking into the future. More detailed information on local conditions and trends may be found in the
Resource Element which is part of this plan.
(Ord. 2000-017 § 1, 2000; PL-20, 1979)
23.16.020. Population.
The population of the County has increased significantly since the adoption of the comprehensive plan In
1979.
Population Growth in Deschutes County: 1980 to 2000
Sources
1980
1990 2000
Population Research Center - July 1 estimates
62,500
75,600 1 16,600
Census Bureau - April 1 census counts
62,142
74,958 115,367
ORS 195.025(1) requires the counties to coordinate local plans and population forecasts. In 1996, Bend,
Redmond, Sisters and the County reviewed the most recent population forecasts from the Portland State
University Center for Population Research and Census, the Department of Transportation, Woods and
Poole, the Bonneville Power Administration and the State Department of Administrative Services Office of
Economic Analysis. After review of these projections, the cities and Deschutes County agreed on the
coordinated population forecast adopted by the County in 1998 by Ordinance 98-084
The results of the 2000 decennial census and subsequent population estimates prepared by the Population
Research Center (PRC) at Portland State University revealed the respective populations of the County and
the incorporated cities were growing faster that contemplated under the 1998 coordinated forecast. The
cites and the County engaged in a coordination process between 2002 and 2004 that culminated with the
County adopting a revised population forecast that projected population for the cities and the County to the
year 2025. The following table displays the 2004 coordinated population forecast for Deschutes County and
the urban growth boundaries of the cities of Bend, Redmond, and Sisters from 2000 to 2025:
Chapter 23.16 1 (09/2004)
2000-2025 Coordinated Population Forecast
Year
Bend UGB
Redmond UGB
Sisters UGB
Unincorporated
Coun
Total
County
2000
52,800
15,505
975
47,320
116,600
2005
69,004
19,249
1,768
53,032
143,053
2010
81,155
23,897
2,306
59,127
166,572
2015
91,158
29,667
2,694
65,924
189,443
2020
100,646
36,831
3,166
73,502
214,145
2025
109,389
45,724
3,747
81,951
240,811
The process through which the County and the cities coordinated to develop the 2000-2025 coordinated
forecast is outlined in the report titled "Deschutes County Coordinated Population Forecast 2000-2025.-
Findings in Support of Forecast" dated July 2004. This report provides the findings in support of the
adopted forecast. The Deschutes County Year 2000 Comprehensive Plan (1979) included a population
forecast from 1980 to 2000 that was incorporated in several chapters. In 1998, the County adopted a
coordinated population forecast under ORS 195.036. The following table displays all three forecasts for
comparison:
Deschutes County Population Forecasts'
from ~ 19.79,1998, and 2004
Year
1979
1998
2004
forecast
forecast
forecast
1980
53,400
-
_
1985
66,600
-
_
1990
82,900
74,958
-
1995
103,400
94,100
-
2000
128,200
113,231
116,600
2005
-
132,239
143,053
2010
-
151,431
166,572
2015
-
167,911
189,443
2020
-
182,353
214,145
2025
-
-
240,811
In the fall of 1998, the Oregon Water Resources Department acknowledged that virtually all groundwater in
the Deschutes River basin discharges to the rivers of the basin. The Water Resources Department may place
restrictions on the consumptive use of groundwater to protect the free flowing nature of the Deschutes
River, instream water rights and existing water rights. These restrictions may affect the use of groundwater
resources for future development and consequently affect the future growth and allocation of population in
the County and the three urban jurisdictions.
(Ord. 2003-078 § 1, 2003; Ord. 2003-001 § 1, 2003; Ord. 2000-017 § 1, 2000; Ord. 98-084 § 1, 1998; PL-
20, 1979)
Chapter 23.16 2 (09/2004)
23.16.030. Economy.
Equally important in understanding the local area is the economic base of the community. Presently the
timber and wood products sector is the major manufacturing employer locally, with 2,720 employees as of
March 1978. However, major changes may be expected during the 20-year planning period and the overall
result is difficult to assess. It does appear that conversion to processing smaller trees and maintenance of the
allowable cut will permit some growth in employment but overall timber and wood products will probable
play a proportionally smaller role in the County's future economy. In fact, total manufacturing is presently
decreasing in importance locally. How much decrease this ultimately will amount to is difficult to predict.
Regionally and nationally the economy is shifting to a more service and trade-oriented status. Given the
emphasis on promoting manufacturing in Redmond and to a lesser extent in La Pine and the growing local
labor pool, it seems probably that some gains in industrial employment may be expected although as a
proportion of the economy some small decline may occur.
One of the strongest segments of the local economy is construction which grew 187.5 per cent between
1970 and 1978. Related to construction is the growth in finance, insurance and real estate employment, up
95.8 per cent during the same period. These industries are directly related to the large in-migration of
people occurring in the County.
Tourism is also a significant factor locally, as is reflected in the strong growth (up 107.3 per cent) taking
place in the services sector of the economy. Some of this growth is likely to be related to population growth
and a national trend to more services. Unfortunately, service jobs tend to be somewhat lower paying and
more seasonal than some other types of employment. However, the City of Sisters has chosen to base its
economy almost solely on tourism. And tourism locally is a less seasonable economy which seems to
provide many jobs for the young and second incomes for families.
Wholesale and retail trade has also witnessed rapid growth, up 96.9 per cent, and is probably tied to a
burgeoning population and a growing importance for Bend as a regional shopping center. Agriculture, once
a major factor in the local economy, has continued to decline. Only livestock areas and some of the better
cropland areas, which have remained largely undivided, have continued to produce significant amounts of
agricultural products. Many small farms exist in the County, but their agricultural production is largely
subsidized by off-farm employment. The definition of marginal farmland and how much is marginal is a
major issue in this area.
It appears Deschutes County is shifting from a rural economy to one more characteristic of a growing urban
area. Growth in trade and services seems likely to continue with a growing interest in manufacturing
employment, presently not evident, probable once an adequate pool of labor exists.
Unemployment has consistently been higher in Deschutes County for many years. To some extent, this
situation is related to the seasonable fluctuations of such industries as tourism, logging and agriculture.
Most recently, the major reason is probably the rapid influx of new residents. Many of these people are
young skilled individuals who have moved here for the higher quality of life available locally and are
willing to accept jobs for which they are over-qualified or to create their own employment. Given the rapid
influx of people, which likely hides a large out-migration of people unable to find adequate employment (in-
migration is still faster than the out-migration so the population increases), it is perhaps surprising the
economy has accommodated so many.
(Ord. 2000-017 § 1, 2000; PL-20, 1979)
23.16.040. Housing.
Nineteen seventy-seven housing data indicate Deschutes County residents build more single family units
(62.5 per cent of all new dwelling unit permits versus a State average of 55.32 per cent), buy more mobile
homes (20.4 per cent versus 15.92 per cent), and construct fewer multiple family units (17.1 per cent versus
28.75 per cent) than is characteristic Statewide. These findings appear to be consistent with the earlier
Chapter 23.16 3 (09/2004)
population information. The low vacancy rates found locally, for single-family dwellings and multiple
family units, are indicative of the rapid growth locally. One aspect of the local housing situation that is
difficult to determine is the effect of seasonable housing on local housing demand. Surveys indicate about
10 per cent of the local housing stock is used as seasonal housing and is, therefore, generally unavailable to
meet the need of local residents. This is a factor which must be remembered when assessing how much land
needs to be set aside for housing construction.
(Ord. 2000-017 § 1, 2000; PL-20, 1979)
23.16.050. Land use.
One of the most obvious results of growing County population has been the sprawling residential
development that has spread rapidly over much of western Deschutes County. This has caused the loss of
valuable agricultural and forestland and accentuated the need for expensive public services. Recreational
and rural tract lots in the County in 1979 accounted for 58 percent of the total lots. Interestingly, of these
lots, 17,377 were found to be undeveloped.
It appears the County presently has enough available empty lots to more than serve the needs of the
anticipated new rural residents.
In the La Pine area, recreational subdivisions once seen as a boon to the County taxpayer have slowly been
changing to more permanent occupancies that demand schools, buses, sheriff and fire patrol, as well as a
variety of other expensive services that must be delivered over a large area.
Historic structures and sites, so important to the preservation of the County's history and the education of the
community, have been lost to the dictates of unregulated change.
Strip commercial development has continued to stretch out from the urban areas along the highways, often
obliterating scenic views and natural lands while promoting inefficient energy consumption and traffic
patterns.
Rural Service Centers have not been used as originally intended. Often the land uses constructed have little
or nothing to do with the servicing of the rural population, but instead are just further examples of the spread
of commercial uses along the highways or the use of loopholes to avoid planned development (i.e.,
Deschutes Junction).
(Ord. 2000-017 § 1, 2000; PL-20, 1979)
23.16.060. Public facilities.
As has been mentioned previously, the sprawling pattern of development which has been characteristic
locally has resulted in extensions of increasingly expensive public services. Further, growth has been so
rapid that even in urban areas services have lagged behind the population growth, although not so seriously
as in La Pine. Occasionally, the lack of services has even created the potential for serious problems, such as
the lack of sheriff's protection in La Pine and the use of irrigation water for drinking in the Bend-Tumalo
areas.
Many people have expressed concern over rising tax rates and the possibility that they are subsidizing those
areas of the County they would like to see left open and unchanged.
(Ord. 2000-017 § 1, 2000; PL-20, 1979)
23.16.070. Transportation.
In Deschutes County, as is typical of rural areas, the primary mode of transportation is the private
automobile. In fact, this area's love of outdoor activities and sprawled development seems to have resulted
Chapter 23.16 4 (09/2004)
in a higher rate of vehicular ownership than is characteristic Statewide. Certainly these attitudes and
conditions are much of the reason mass transit has been so unsuccessful locally.
(Ord. 2000-017 § 1, 2000; PL-20, 1979)
23.16.080. Other.
Concern has been expressed over the loss of wildlife habitat, such as the subdivision of deer winter ranges
and the blockage of deer migration corridors in the La Pine area. The Oregon Fish and Wildlife Department
has been outspoken in its concern and has, upon occasion, sued to protect the dwindling habitat.
Problems with water quality have been found to exist in La Pine and septic tanks have failed in Terrebonne.
Increasingly the major environmental damage has been the loss of scenic vistas and sensitive environment
areas along highways, rivers and other areas where development has occurred. Often the resources lost have
been irreplaceable locally.
Fortunately, Deschutes County still has many scenic and natural resources available. Public ownership
constitutes over 78 per cent of the land in the County. Proper management of both public and private lands
can assure the area's primary resource--its natural beauty and diversity-is maintained for future residents.
Energy usage has been growing dramatically in Deschutes County, not only because of the population
growth but also due to the low-density sprawled-out pattern, construction of energy consumptive
commercial uses and a general unconcern about energy by many citizens. Interestingly, the heavy use of
wood heat locally does seem to have saved a significant amount of electrical energy. Problems with
coordinating activities and regulations between the various Federal, State and local agencies have often
created unnecessary delays and expenses. Often this has been expressed in comments about comments
about lax enforcement of local ordinances are being received. While improvement has been noted, much
more will be necessary for the coordinated and productive management of public resources and services
locally, particularly if growth and change continue to occur at a pace as rapid as it is now.
This brief summary of conditions, trends and local issues is not meant to be all-encompassing, but it does
include the major characteristics and trends of concern in the preparation of this plan. Deschutes County has
available tremendous environmental and human resources but it also suffers from many of the problems
common to areas with rapid rates of growth. The scenic and environmental qualities that first attracted
people will be needed in the future as well.
However, not all of the results of growth are bad. Increasing population has brought new businesses and
services to the area. Educational and cultural opportunities have improved significantly. Employment
alternatives have increased, as have wages. And, a lot of new people have been able to improve their
quality of life. Growth and change is a mixed blessing. The purpose of this plan is to address the issues and
provide the best available development alternative for this County's people. Given the complexity of local
issues and the importance of the task, it is not surprising that the preparation of this plan has been a
controversial and lengthy process.
(Ord. 2000-017 § 1, 2000; PL-20, 1979)
Chapter 23.16 5 (09/2004)
Chapter 23.20. COMPREHENSIVE PLANNING PROCESS
23.20.010. Planning organization.
23.20.020. Comprehensive planning process.
23.20.030. Alternatives.
23.20.040. Goals and policies.
23.20.010. Planning organization.
In order to actually prepare a comprehensive plan, it is necessary to develop an organizational network
which outlines tasks and assigns responsibilities within the bounds set by the available time and the
applicable State laws. Deschutes County chose to develop an organization that relied upon citizen
involvement and initiative to complete the necessary plan.
Citizen involvement in land use planning has been mandatory statewide since 1973. Senate Bill 100 (ORD
197.160) required each County-governing body to submit a program for citizen involvement in preparing,
adopting and revising comprehensive plans within each County. Each program must at least contain
provision for a citizen advisory committee broadly representative of geographic areas and interest relating to
land use. All jurisdictions must develop, publicize and adopt a program appropriate to the local level of
planning and containing the following:
A. Provision for widespread citizen involvement;
B. Assurance of effective two-way communication with citizens;
C. Provision of opportunities for citizens to be involved in all phases of the planning process;
D. Assurance that technical information is available in an understandable form;
E. Assurance that citizens will receive a response from policy makers;
F. Assurance that there will be funding for the citizen involvement process.
Further, the law requires that Federal, State and local agencies, as well as special districts, coordinate their
planning efforts and make use of existing citizen involvement programs.
in Deschutes County, citizen participation in planning has occurred since 1968 but with the advent of the
LCDC goals and the project of updating the Deschutes County Comprehensive Plan, the citizen
involvement program experienced a dramatic expansion.
The planning process followed in the plan preparation was largely based upon citizens' participation, agency
involvement and both local and outside professional analysis to assure consistency with the LCDC goals
and good planning.
(Ord. 2002-005 § 1, 2002; Ord. 2000-017 § 1, 2000; PL-20, 1979)
23.20.020. Comprehensive planning process.
The program began with a well-publicized educational meeting at the local college to acquaint Deschutes
County residents with citizen involvement in land use planning and the upcoming opportunities for
participation. One hundred and fifty persons attended to view a slide show on the goals, hear an explanation
of the program, fill out an attitude survey (later compiled by college students) and receive several handouts.
For a month thereafter, people volunteered for advisory committee membership and were accepted without
restrictions.
Chapter 23.20 1 (09/2004)
The Board of County Commissioners, acting as the committee to evaluate the citizen involvement program,
appointed 17 technical and area advisory committees and an Overall Citizens Advisory Committee with a
total of 326 officially appointed members. Up to 300 additional persons also were indirectly involved.
The technical committee functioned as a panel of experts (often including Federal, State, local and district
agency personnel) and interested citizens. These committees covered the following topics: minerals and
aggregates, agriculture, forest lands, fish and wildlife, historic and cultural, economy, transportation, public
facilities and services, recreation, housing and energy. Each committee was given a general work program
to collect information, identify needs and problems and prepare justified recommendations. Committees
met two to four times per month and 10 to 20 times totally. Each group prepared a detailed and factual
preliminary report which was then submitted to the Overall Citizens Advisory Committee (OCAC) for
comment. Revisions to each report were made and submitted as a final report to the OCAC and Planning
staff. The initially weak database as well as the demanding time schedule for plan completion were
handicaps the committee had to overcome. Their detailed reports were ofsed word for word in the
preparation of the resource element and preliminary plan.
The area committees involved interested citizens from the three major rural service center areas: La Pine,
Terrebonne and Tumalo. An attempt was also made to form a Sunriver committee but little interest was
expressed by residents of that area. The committees addressed each of the LCDC goals and developed a list
of programs, needs and directions for future community growth. Their reports were reviewed by the OCAC
in the same manner as the technical reports and eventually used in the preparation of the preliminary plan.
There were also three urban area advisory committees appointed to work with each city's planning staff in
order to prepare urban area plans for each city and its surrounding urbanizing area. While the Bend Urban
Area Plan was largely completed by the time the OCAC was formed, the Redmond and Sisters planner
periodically reported to the Overall Citizens Advisory Committee to assure communication and
coordination.
The Overall Citizens Advisory Committee was the largest committee and the one most broadly
representative of the various interests and areas of the County. Their primary function was to resolve
conflicts between the recommendations of the various committees. In addition, they also reviewed the
recommendations to assure they met the State's goals and guidelines. The OCAC also initiated many of the
recommendations regarding development in urbanizing and rural areas of the County, thereby tying together
the various elements of the plan. It was their direction to the staff which served as the basis for the
preliminary plan.
In this period the County Planning staff also wrote several reports to provide information to the OCAC.
These papers covered geology, geomorphology, soils, areas of special interest, climate, hydrology, history
and population. The OCAC also considered this information in its deliberations.
During this citizens' committee stage of the process, over 200 meetings were held and in excess of over
10,000 hours of time were, spent by volunteers working on the plan. More than 5,000 newsletters were
mailed to interested citizens and thousands of letters, mailings, posters and flyers were also distributed.
Radio, television and newspaper coverage was extensive. The largest local newspaper printed an
explanatory article on each of the committees' and staffs reports. This was to insure that everyone whether
involved directly in the process or not, was kept up to date as to where the plan was heading.
Once in the preliminary plan stage, the document was brought to the County Planning Commission for
review. A newspaper supplement describing the major elements of the plan was placed in the major
newspaper in Deschutes County and the local news media were very cooperative in disseminating
information about the plan. The Planning staff also spoke to various groups in the community. Copies of
Chapter 23 .20 2 (09/2004)
the plan were placed in local libraries and made available to everyone interested. The Planning Commission
held a number hearings on the preliminary plan and then provided a services of recommendations to the
Board of County Commissioners.
The County Commissioners also held hearings on the plan. These hearings seemed to be emotion-packed
events which generated large turnouts and spirited testimony. Using the public testimony (both written and
verbal) and the recommendations of the Planning Commission and staff, the Board compiled a working
draft of the Comprehensive Plan. This working draft was then sent out to outside legal and planning
consultants for review and comment. Earlier, the preliminary plan had been given to an outside reviewer to
determine the adequacy of the energy elements of the plan. All these reports were then delivered to the
Board of County Commissioners. Their determination was that the Planning staff should take some
additional time to use these studies to improve the plan where necessary. This new draft was then taken to
the Overall Citizens Advisory Committee and Planning Commission for comment, before the Board took
any final action. The Board also determined that an additional public hearing would be held to hear
testimony on planned exceptions to be taken to the agricultural and forest land goals of the State Land
Conservation and Development Commission. The use of such an extensive citizen involvement program, as
well as the utilization of specific professional assistance, was a complex but extremely useful combination.
The preparation of the plan was not only speeded but the quality of the overall document was significantly
improved. It is expected that this will produce a document that will effectively serve as a basis upon which
to build a bright future for the people of Deschutes County.
(Ord. 2002-005 § 1, 2002; Ord. 2000-017 § 1, 2000; PL-20, 1979)
23.20.030. Alternatives.
A. Introduction.
Choosing a course into the fiiture is a difficult task. To help in making adequate decisions, it is often
most desirable to consider a number of alternatives. In the preparation of the Deschutes County Plan, a
number of different options were considered at several levels. First, each of the citizen advisory
committees reviewed and discussed a variety of different policies, each with varying impacts, and chose
the recommendations most likely to achieve the desired result. After their deliberations, the policies
were sent on to the Overall Citizens' Advisory Committee, where decisions had to be made about tying
the various elements of the plan together into a cohesive document. To do that it was necessary for the
membership to determine a consistent philosophy and direction for development in Deschutes County.
B. Population and housing projections.
This subsection, and the following Table 1, represents the population forecast adopted with the
Comprehensive Plan in 1979. The initial decision which had to be reached was which population
projection to use in preparing for the future. The Center for Population Research and Census at
Portland University had prepared a population estimate indicating Deschutes County would grow at an
approximate rate of 2.8 per cent annually. A study by the Economic CAC indicated the present growth
rate (1970-77) was 6.3 per cent annually. The committees felt that CPRC's estimate was too far off and
should not be used but that use of the present growth rate would certainly exceed the actual growth
because of economic fluctuations and a declining percentage gain near the end of the planning period
(Planning Period = present to the year 2000). The preferred alternative was one, which would use the
4.5 per cent annual growth rate to yield 128,200 people in Deschutes County by the year 2000. Section
23.16.020, Population, of the Comprehensive Plan includes the updated population forecast for 2000 to
2025.
Chapter 23.20 3 (09/2004)
TABLE 1
DESCHUTES COUNTY
POPULATION PROJECTIONS (1979)
PSU
2.8%
PRESENT
RATE
PREFERRED
ALTERNATIVES
1980
50,500
56,324
53,400
1985
56,700
76,298
66,600
60,700
103,557
82,900
9991
63,900
140,554
103,400
65,700
190,770
128,200
Recognizing the need for a single target population and in light of the Economic ACA's research and
expertise the 4.5 per cent annual growth was chosen as the "best guess" option and the one to be used in the
preparation of comprehensive plans in Deschutes County. Ultimately, this was to result in allocations of
population to different parts of the County with the Bend Urban Area receiving 84,000, the Redmond Urban
Area obtaining 23,093, the Sisters Urban Area having 2,135, and the remainder of the County getting
18,972. Once the population figure was chosen, it was possible to determine housing needs to the year 2000
by making some assumptions about household size and rehabilitation.
TABLE 2
NEW HOUSING UNITS (1979)
1980
3,181
1985
6,339
1990
7,740
V
1995
9,669
2000
11,753
38,682
The question still remaining was how to allocate this new population and housing throughout the County.
Several different alternatives were directly and indirectly discussed by members of the OCAC.
Underlying all of the alternatives were a number of basic assumptions:
1. LCDC will require some protection and coordination.
2. Energy will become increasingly expensive and relatively more scarce.
3. Much of the area's growth is tied to amenities.
4. Federal agencies will continue to use their lands for multiple public uses.
C. Alternative One - Current Trends.
I . Land Uses: Continue with the present trends without modification of the dispersed housing pattern
that was developing in Deschutes County. Anticipate that most people would live in the urban
areas but that many would choose to scatter throughout rural areas. Recognize that much of the
agricultural and forest lands of the County would be lost or replaced by hobby farms. And expect a
less than stringent enforcement of regulations to protect unique historic and environmental areas.
Environmental: Anticipate the loss of additional scenic and natural amenities. Recognize that the
deer winter ranges would almost certainly be developed and the wildlife lost. And prepare for
increasing problems with air and water quality.
2. Social and Economic: Continue the strong economic growth of the area, particularly in the service,
trade and construction industries. Expect more cultural amenities. Anticipate increasing social
problems such as crime.
Chapter 23.20 4 (09/2004)
Public Services and Facilities: Expect to see an expanding road system and a growing demand for
other public services. Recognize that these services will continue to lag behind demand and taxes
are rising rapidly to provide the necessary services. Other. While there will be some improvement
in land use controls and increasing cities and County cooperation there is likely to be continued
State review and occasional intervention. Ultimately, population increase is expected to decline as
the environmental amenities of the area decline.
D. Alternative Two - Unrestricted Development.
1. Land Uses: Greater amount of urban sprawl from all growth centers; in addition rural sprawl also
occurs in the vicinity of the Rural Service Centers as they rapidly develop. Some protection is
given the most dramatic and publicly supported historic and environmental sites. Agriculture
ceases to exit as pollution problems in parts of the County ultimately requiring some areas to be
mandated to install expensive sewer and water facilities. The growing development on private
lands interspersed within the public lands severely reduce the beauty and usefulness of the public
lands.
2. Social and Economic: Continued high employment, particularly in construction, for the next 10 to
15 years with the development ultimately resulting in a loss of amenities which sharply reduce
unemployment in the non-manufacturing industries. Cultural amenities increase in conjunction
with the population, but there are serious social dislocations resulting from the inequitable tax
burdens created by the growth and loss of esthetics.
3. Public Facilities and Services: Serious problems with providing adequate services, resulting in
higher taxes and public dissatisfaction. Recreation demands continue to grow and demand expands
rapidly as the formerly available outdoor areas become lost to development. Finally an expensive
mass transit system must be constructed to bring people into the urban centers as the gasoline prices
continue to climb. Other: Energy costs locally continue to increase finally leading some people to
begin leaving. There is little effective coordination or local authority to control unnecessary
subdivision and construction. Increasingly, the State intercedes in Deschutes County to assure State
interests and people's lives and safety are protected.
E. Alternative Three - Strict Growth Controls.
1. Land Uses: No further residential, commercial or industrial construction is permitted in rural areas
and ultimately the rural population begins to decline. Urban areas grow rapidly but the
restrictiveness of the regulations result in a slower growth rate. Historic and environmental sites
receive strict protection. Increasingly, apartments and higher densities are common.
2. Social and Economic: Housing and land costs rise rapidly because of the relative shortage of
buildable land. Lower and middle-income families find themselves effectively excluded from the
community. Cultural amenities rise. Employment suffers to some extent and much of the higher
paying construction jobs are replace by lower paying service employment. This situation leads to
considerable social and economic dissatisfaction.
3. Public Facilities and Services: Few new roads are constructed and an emphasis on alternative
transportation methods provides effective local people and freight movement. Public facilities, such
as sewer and water, catch up and keep pace but may be somewhat more expensive than otherwise
due to the reduced tax base.
4. Environmental: Pollution levels rise only slightly and the natural amenities are protected. Public
lands receive heavy use but are protected from the more serious effects of development.
5. Other: Energy costs are down. There is considerable upheaval over government regulations, such
as zoning and environmental controls, as well as mandated local government coordination.
F. Alternative Four - Chosen Alternative.
After considering the various alternatives available, the citizens chose a compromise between current trends
and strict growth control, the emphasis to be on restricting sprawl and protecting resources while
accommodating the new population in adequately large urban boundaries and Rural Service Centers.
Chapter 23220 5 (09/2004)
Land Uses: Major growth occurs in urban areas as the County continues its shift from a rural to
urban area. Rural development is largely restricted to rural service centers and on existing rural
lots. An active housing program seeks to offset the costs created by the regulations. Some hobby
farming occurs and the existing agriculture and forest areas are protected.
Social and Economic: Taxes increase but not so rapidly as in the other alternatives because a more
efficient growth pattern exists as does a growing tax base. Jobs continue to increase with some shift
from construction to services, and growth in manufacturing, but not as rapidly as the commercial
sector. Cultural amenities continue to increase.
Public Facilities and Services: Few new roads are constructed and a greater emphasis on transit
alternatives reduces automobile use. Energy costs rise but within the capabilities of the area's
residents. Most public facilities catch up with the growth and provide adequate services.
Environmental: Wildlife and vegetative areas particularly vulnerable to damage are protected from
excessive development. Pollution increases are small. Public lands continue to be adequate to meet
the demand. There is some loss of visual amenities but it is minimal.
Other: Continuing controversy over how much control to use but general acceptance of local
ordinances and little State intervention. Coordination is mandated and controls are strict but
oriented to achieving a specified result rather than being a routine and/or arbitrary mechanism.
The process by which the final alternative was chosen was not a smooth one. Many meetings were required
and the alternatives are certainly more clearly identified here than was true during their discussion by the
committees. Yet, as the process continued, it became increasingly clear that the people wanted to see
growth guided but not stopped, except where development was proceeding too rapidly and needed to be
slowed, or where important natural or cultural resources needed to be protected. They were convinced that
the inefficient sprawled pattern of development must be curtailed in a way to restrict additional subdivision
while permitting existing development to be utilized. To do that, the philosophy of Alternative Four was
used to develop the goals and policies that are contained within this plan.
(Ord. 2004-012 § 2, 2004; Ord. 2002-005 § 1, 2002; Ord. 2000-017 § 1, 2000; PL-20, 1979)
23.20.040. Goals and policies.
A. Introduction.
The alternative chosen for growth in Deschutes County was one which emphasized accommodating the
anticipated growth of the area primarily in the urban areas, with some rural development taking place in
the Rural Service Centers and in existing subdivisions. This new pattern would then provide much
greater efficiency in the provision of public services and foster savings in energy, particularly in
transportation. The development pattern would also protect scarce resources, while permitting
compatible improvements.
B. Rural development.
DCC 23.20.040(B), Rural Development, serves as the basis for the rest of the plan. Basic guidelines to
do away with the former inefficient development pattern and to accommodate the anticipated 7,050 new
rural residents are contained in DCC 23.20. Emphasis is placed on maintaining the existing rural
character of the County, while acknowledging that Deschutes County is becoming more urban, by
concentrating new rural development in the Rural Service Centers. In that way people desiring a rural
lifestyle may do so without unduly increasing the costs to others or utilizing resource lands. The only
exception to this rural pattern is in the La Pine area where emphasis is laid on the incorporation of the
community and improvements in local services provided. The La Pine rural area is also likely to
receive many of the over 3,000 new rural homes which will be built, because so many lots already exist
in that area.
Chapter 23.20 6 (09/2004)
C. Urbanization.
Urbanization links this plan to those of the three incorporated communities. DCC Chapter 23.20
provides parameters for the establishment and expansion of the urban boundaries and provides common
guidelines to the cities to help them accommodate the 71,450 new residents that will need over 35,600
homes and 29,000, perhaps as high as 35,000, new jobs. Sufficient land must be allocated and managed
to serve these new local citizens.
D. Economy.
The Economy chapter discusses the need to protect our existing timber, agriculture, mining and scenic
resources for our future prosperity. It also provides policies to help Deschutes County in its
metamorphosis from a rural resource economy to a more commercial/industrial orientation as an urban
center, perhaps providing between 7,700 and 16,000 new manufacturing jobs and 27,000 to 32,000 new
non-manufacturing positions.
E. Housing.
Housing emphasizes the need for flexibility in housing styles and costs so as to provide adequate homes
for all segments of the community. Also fostered are programs to help rehabilitate existing homes and
to accommodate low and moderate-income families through government programs and efforts to reduce
development costs.
F. Transportation.
The Transportation chapter seeks to aid movement to and between the communities, and to improve the
ability of the communities to efficiently deal with the new residential, commercial and industrial uses
which are anticipated. Greater public safety is promoted, as is preparation of a shift from automobile
dependence to public transit and other transportation alternatives.
G. Public facilities and services.
To accommodate existing and anticipated populations and land uses the Public Facilities and Services
chapter provides basic guidelines for the construction of new facilities, while again fostering urban
rather than rural development.
H. Recreation.
Recreation seeks to accommodate both the growing local population and the tourist industry. New
facilities and cooperative plans are identified and, while the county seeks to provide primarily a
facilitator function, greater commitment to recreation and associated activities is made.
1. Energy.
The Energy chapter emphasizes more local independence in providing energy, protection of future
energy resources and better coordination with energy providers. Information and education about
energy and local opportunities are stressed. As the population continues to grow and because of the
importance of tourism, energy will play an ever more dominate role in local planning efforts. These
policies seek to emphasize the need for greater efficiency in development patterns and construction,
while surveying our available future options.
J. Natural hazards.
The Natural Hazards chapter seeks to guide development away from identified hazards, such as
wildfire, while making use of areas that need to be protected from development for other useful
purposes. The protection of the 100-year flood plain is an example of an area where development shall
be prohibited but wildlife and recreation opportunities will be fostered.
Chapter 23.20 7 (09/2004)
K. Agriculture.
One of the more controversial resource chapters has been Agriculture. The policies in this plan seek to
protect identified agricultural areas, while recognizing that marginal agricultural conditions are present
in some areas. Some hobby farming is permitted in the more marginal areas so as to increase
agricultural productivity, while a program to research local marginal lands and to determine how they
may be utilized while agricultural production is preserved, is mandated for future updates of the plan.
L. Forest lands.
Forest Land seeks to protect existing areas with timber capability, while permitting compatible
development on non-productive lands that will foster other aspects of the local economy. The loss of
much of La Pine to development is recognized (see Exceptions Statement) but in those areas where
larger lots exist, small woodlot management is encouraged and commercial timber is protected where it
remains feasible (primarily the national forest and on timber company ownerships).
M. Open spaces.
The local economy and environment is very dependent on the protection of this County's scenic and
natural areas. Because of that, the Open Spaces chapter identifies the policies required to protect those
resources for the area's tourism, recreation and quality of life needs, while recognizing the
appropriateness of flexibility when dealing with individual property owners.
N. Surface mining.
The Surface Mining chapter seeks to preserve known mining resource sites for ultimate mining activity
and to permit mining as it is needed in the County. There is also recognition of the County's
responsibility to protect adjoining residents (safety and health hazards) and the general public (excessive
construction costs and hazards created by a shortage of building materials as well as loss of scenic
qualities and pollution).
0. Fish and wildlife.
Fish and Wildlife seeks to balance the wildlife needs of the area against the requirements of a growing
population. The important economic and lifestyle qualities are recognized and irreplaceable wildlife
areas protected, while precautions that permit lunited development are identified.
P. Historic and cultural.
One of the most non-controversial chapters is Historic and Cultural, which seeks to protect the ever
dwindling supply of historic and cultural sites, protection that will have important economic and social
benefits for a community growing as is Deschutes County presently.
Q. Water resources.
Water is the resource without which there will be no future growth in Deschutes County. Preservation
of existing water quality and greater efficiency in delivering available water supplies is being sought.
The new and existing residents will need all that is presently identified. Agriculture, new employment
opportunities and maintenance of the tourism/ recreation industry all require water. This plan seeks to
improve coordination and planning for that water's use.
R. Citizen involvement.
DCC 23.20.040(R) of this plan is Citizen Involvement. Planning is a dynamic process and one that does
not stop with the adoption of a plan. More study to keep the plan functional and up-to- date will be
required. The County's efforts will continue to be aimed at involving the public, in meaningful ways,
with the preparation of future plans and studies. There is also an emphasis on explaining planning, its
purposes and techniques, so that it will be better understood and more usable by County residents.
Chapter 23.20 8 (09/2004)
S. Plan policies.
The plan policies must be read as a whole, as the County will grow as a single unit, not sixteen separate
pieces or aspects. Taken together these policies point the direction for the County's future, a future full
of change but one full of promise as well.
(Ord. 2002-005 § 1, 2002; Ord. 2000-017 § 1, 2000; PL-20, 1979)
Chapter 23.20 9 (09/2004)
Chapter 23.76. ENERGY
23.76.010. Energy.
23.76.020. Goals.
23.76.030. Policies.
23.76.010. Energy.
Deschutes County is presently an importer of energy. After 1983 the Bonneville Power Administration will
no longer assure 100 per cent distribution of electrical power. As with the rest of the nation, Deschutes
County can anticipate increasingly expensive and possibly even shortages of gasoline. Therefore, it is likely
that the County will face serious problems in the near future unless precautions are taken in time.
Hydropower generation in the County is limited to two sites, which are operating at capacity. There is
another potential site at Wickiup Dam.
There is a possibility for fossil fuel development in the eastern portion of the County, but it is presently
unfeasible. Local natural gas supplies could increase in the mid-1980's with the construction of a second
natural gas pipeline through Central Oregon. There also exists a possibility for a third gas line in the future.
There is presently some geothermal investigation occurring in the County near Newberry Crater and also
near the Three Sisters Mountains. Environmental impact statements to permit appropriate exploration in the
Cascades have already been prepared. Problems with objectionable smells from released gases, possible
groundwater contamination, earth subsidence or quakes are all hazards to be considered in geothermal
energy use. Loss of recreational lands and esthetic qualities are also possibilities.
It appears Deschutes County would have few, if any, appropriate sites for coal or natural gas thermal
generation plants, according to the State-wide Siting Task Force Report.
The County does have some possibility for other types of energy production. Wind generation may be
feasible if it can be tied to the existing power grid. Waste wood burning is popular and feasible and one
local manufacturer has constructed a 9000 KW facility, while another will save 6.9 million cubic feet of
natural gas each year using waste wood. County Pollution Control Bonds can be used to finance conversion
from fossil fuels to wood waste because it reduces a major solid waste problem, as well as reducing energy
costs to local industries and the outflow of local money for imported energy.
Energy conservation is another important resource that can reduce pollution, free existing energy resources
for other uses and reduce the outflow of money for energy. Education is possibly the most obvious way to
promote conservation. Coordination through the Extension Service and by establishing a paid coordinator
could do much to encourage conservation. Another way to obtain conservation is by regulation, such as by
establishing higher building and subdivision standards. Sometimes education and regulation can be
combined to require thermal ratings for new buildings so people can determine more efficient lay-outs, or by
requiring the heat loss analyses performed by utility companies to be kept on file for public review.
Recycling is also an energy saver. For example, aluminum when reclaimed takes only four percent of the
energy required to process raw ore, including handling and transportation costs. Recycled copper requires
only 11 percent of the energy needed to obtain the metal from raw ores. Some recycling already exists
locally but much more is possible.
Chapter 23.76 I (01/2002)
Solar energy is a real possibility for Deschutes County. Proper siting of housing with a solar orientation can
permit critical sunlight access. Passive solar methods, such as proper window placement and seasonal
shading, can have significant impact.
Certainly one of the biggest energy issues to face Deschutes County is transportation. State-wide
transportation consumes 36 percent of total State-wide energy use, and it constitutes 56 percent of an
average household's energy use. As a rural area, Deschutes County is heavily dependent on automobiles
and thereby consumes considerable gasoline. Efforts to reduce motorized vehicles would be difficult but the
effect would be lower energy use, pollution levels and expenses. Just the reduction of road construction and
maintenance (re-sealing, snowplowing, etc.) would save considerable energy.
In light of local conditions and trends the following goals were chosen.
(Ord. 2002-005 § 1, 2002; Ord. 2000-017 § 1, 2000; Ord. 93-003, 1993; Ord. 92-051, 1992; Ord. 85-001,
1985; PL-20,1979)
23.76.020. Goals.
1. To protect local natural energy sources.
2. To manage land uses to maximize the conservation of all forms of energy.
3. To assist, as appropriate, in the provision for adequate local energy supplies.
(Ord. 2002-005 § 1, 2002; Ord. 2000-017 § 1, 2000; Ord. 93-003, 1993; Ord. 92-051, 1992; Ord. 85-001,
1985; PL-20, 1979)
23.76.030. Policies.
1. General.
a. The County shall review and promote the development and use of local alternative energy
sources in order to prepare for future shortages and to reduce the outflow of local dollars to buy
energy.
b. Coordinated planning between local energy providers, particularly electrical, and the County
Planning Department shall be sought. This planning is to be directed at determining energy
needs in all parts of the County and assisting in the provision of adequate supplies and capital
facilities.
c. Construction of large thermal or nuclear plants locally should be discouraged unless approved
by a public vote.
d. Energy Assessment. During major plan updates, or more often as necessary, the County shall
assess its energy use and the potential for energy conservation. The County shall use
information available from the state and federal governments and utility companies.
2. Alternative energy sources - Geothermal resources policies.
a. Public involvement.
1. The Planning Division shall ensure that citizens, land owners, and lease holders are given
ample opportunity to be involved in all phases of geothermal planning and decision-making
that occur under the County's jurisdiction. This involvement program shall provide for
continuity of citizen participation, and for information that enables citizens to identify and
comprehend geothermal issues.
2. Federal and state agencies exercising geothermal responsibilities in the County shall be
expected and encouraged to make use of the County's existing citizen involvement program
whenever appropriate.
b. Intergovernmental coordination
1. The County shall encourage the formulation of federal and state land and resource
management policies which are consistent with the County's geothermal policies. In this
regard the County shall endeavor to become a partner with the federal and state
governments in determining the future of geothermal energy in the County.
Chapter 23.76 2 (01/2002)
2. In view of the multiplicity of governmental jurisdiction over geothermal resources, the
County shall seek close coordination with all affected local, state, and federal agencies. In
this regard the Planning Division shall maintain regular communications with federal and
state agencies that are exercising geothermal responsibilities in the County, and shall keep
local officials informed of federal and state actions accordingly.
c. Resource assessment.
1. In order to identify and protect the undefined values of its geothermal resources, the County
shall support continued resource assessment activities by the public and private sectors. In
this regard, the Planning Division shall monitor such activities and collect additional
resource data wherever possible for inclusion in the Geothermal Element during updates or
amendments.
2. In recognition of the public benefit derived from greater resource knowledge, the County
may undertake its own resource assessment activities where such work is expected to
ultimately benefit the local economy. The results of County-sponsored resource
assessment will be given the widest possible dissemination in order to facilitate further
geothermal development consistent with County policies.
d. Resource Utilization.
1. The County supports utilization of geothermal resources, either with heat pumps, direct
applications, or for purposes of generating power. However, such support is conditioned on
the determination that the proposed use can be developed in a timely, orderly, and
environmentally-sound manner, and that adequate protection of the resource is provided so
as to ensure its continued availability and productivity over time. Further, such support is
limited to those resource areas where conflicting uses are not considered predominant, as
identified in Policy 5(F).
2. When County facilities are to be renovated or newly constructed, consideration shall be
given to the use of geothermal resources in these facilities when such use is technically and
economically advantageous. The County shall encourage other local entities to conduct
similar geothermal evaluations during their facility planning processes.
e. Economic development.
I. The County's support for geothermal development shall be closely coordinated with its
economic development program. The County believes that its low and moderate-
temperature resources may offer a significant comparative advantage to business and
industry, and it shall support geothermal projects that serve to retain or create employment
opportunities in the County.
f. Land-Use
1. For purposes of compliance with Statewide Planning Goal 5, the County believes its
geothermal resources and the conflicting uses identified in Section 4 of the Element should
be balanced according to site-specific relative merits. Implementation measures shall
provide protection for conflicting uses by conditionally allowing geothermal exploration
and production, thereby balancing the benefits to the County from both geothermal
resources and conflicting uses. This policy shall apply to all resource areas inventoried in
Section 2 of the Element, except in those areas where the conflicting uses listed in Table
4.1 of the Element shall be fully protected as follows:
a. Exploration and Production Prohibited.
i. That portion of the Newberry Volcano resource area lying within the exclusion area
boundary shown in Exhibit "B."
ii. Those areas presently defined by the Deschutes National Forest Land & Resource
Management Plan, incorporated hereby reference, as ineligible for leasing, specifically:
Wilderness, Research Natural Areas, Experimental Forest, Bend Municipal Watershed,
Developed Recreation Areas, and Dispersed Recreation Unroaded Winter Areas.
b. Production Prohibited (Exploration Allowed).
Chapter 23.76 3 (01/2002)
9-
h.
i. Those areas presently defined by the Deschutes National Forest Land & Resource
Management Plan, incorporated hereby by reference, as being limited to no surface
occupancy, specifically: Experimental Forest, Dispersed Recreation Unroaded Areas,
Dispersed Roaded Areas, Developed Recreation Areas, Protection Management Areas,
Special Management Areas, Potential Research Natural Areas, and Threatened and
Endangered Species Areas.
The County has determined that conflicting uses shall be fully protected in the foregoing
areas because of the greater economic, social, and environmental benefits that accrue from
the conflicting uses. In researching this determination, the County has relied upon the
discussion of conflicting uses and their consequences contained in Sections 4 and 5 of the
Geothermal Element; the Rural Development, Economy, and Recreation sections of the
Growth Management Element of the Comprehensive Plan; the Forest Lands, Open Spaces,
Fish & Wildlife, and Historic & Cultural sections of the Resource Management Element of
the Comprehensive Plan; the Recreation, Fish & Wildlife, Special Uses, Visual Quality,
Economy, Employment, and Forest Dependent Community Concept sections of the
Deschutes National Forest Land & Resource Management Plan; and the Oregon
Department of Economic Development 1983 Annual Economic Report for Deschutes
County. It is the County's determination that the conflicting use information contained in
these references constitutes sufficient evidence of the greater importance of the conflicting
uses to the County, thereby warranting exclusion of geothermal exploration and/ or
production in the areas cited above.
ii.. The County recognizes that if utilization of geothermal energy is to be optimized, the
designation of land-uses for areas overlying geothermal resources must accommodate those
uses to which the resources can be applied. In this regard, the County shall incorporate
geothermal utilization as a determinant in land-use planning; and, where appropriate, shall
review permitted uses that can utilize geothermal resources if and when suitable resources
are confirmed in an area. However, geothermal end-uses shall be permitted only where
their compatibility with surrounding land-uses can be demonstrated with certainty.
Environmental protection.
1. In all cases the County's support for geothermal development shall be conditioned upon
satisfactory evidence that sufficient environmental safeguards are provided. Environmental
concerns of the County shall include, but not be limited to: air quality, water quality, noise,
subsidence, induced seismicity, water consumption, fish and wildlife, vegetation, historic
and cultural resources, visual and scenic qualities, erosion and earth stability, waste
disposal, and public safety and health.
Public facilities and services.
1. In addition to Policy G(1), in all cases the County's support for geothermal development
shall depend on the extent of impacts to public facilities and services. In this regard, the
County's concerns shall include, but not be limited to: roads, drainage, schools, law
enforcement, fire protection, water supply, sewage disposal, solid waste disposal, and
general administrative services.
2. The Planning Division, in consultation with the Public Works Department, shall monitor
geothermal activities in order to forecast impacts to public facilities and services; and shall
prepare capital improvement or related plans accordingly so as to support geothermal
development in a timely and orderly manner with a level of facilities and services
appropriate to such development.
Fiscal responsibilities.
1. In recognition of specialized administrative demands that may be placed on the County by
geothermal developers, the County shall require said developers to defray County expenses
associated with processing a geothermal permit request, or conduction related studies or
Chapter 23.76 4 (01/2002)
monitoring programs, directly required by a geothermal project. This Policy shall also
extend to any government agency engaged in geothermal development.
Alternative energy sources.
a. Wind. Because the wind is a non-polluting, renewable energy source, major wind devices and
associated facilities shall be conditional uses in agricultural, forest and other rural zones. Also,
small scale (less than 20 KW) private use of wind generators or pumps shall be encouraged.
b. Wood and slash wood. Given the availability and usefulness of waste and slash wood the
County shall maintain a waste wood dump for processors where the material shall be made
available to the public, and shall encourage U.S. Forest Service projects which make slash
wood available.
c. Solar. Because it is renewable and in plentiful supply locally the County shall encourage the
use of solar energy by:
1. Promoting the construction of housing with its long axis in the east-west direction and
having solar access three hours before and after solar noon (variances because of
topography, rock outcroppings or alternative solar access means may be permitted);
2. Providing avenues for establishing solar property rights (see ORS 215.110) by such
methods as solar sky space protective covenants in new developments and creating
standard methodology for adjacent properties to establish solar sky space easements; and,
3. Allowing for. future centralized solar generation of electricity in the large vacant areas in the
eastern portions of the County (particularly on BLM lands).
I. Internal Operations. The County shall, when practicable, make energy efficiency and the use of
renewable resources a regular practice in its design and operation of buildings, equipment and
public facilities and services.
Recycling.
1. Recycling is an effective method of energy conservation. The County has adopted a
County-wide recycling program in compliance with Senate Bill 405. The primary
responsibility for this program is through the County Solid Waste Division. The ongoing
recycling program will provide for the following:
a. Identify projects and methods to achieve the specific goals; and
b. Require and annual review of program status.
2. The County shall consider the designation of a County employee as Recycling Coordinator
who is responsible for:
a. Encouraging recycling throughout the County;
b. Fostering communications about recycling among local governmental agencies,
organizations and the public; and,
c. Providing assistance to the County Solid Waste Advisory Committee in considering
and implementing ways to increase local recycling activities.
3. The County shall also consider recycling when enacting ordinances, issuing contracts and
franchises and when purchasing supplies.
4. The County shall study the possibility of initiating pilot projects regarding source
separation of recyclables and their collection in existing or new garbage franchises.
5. The County shall seek funds to provide staff assistance and resources for developing
recycling drop-off and storage centers in the Bend, Redmond, Sisters and La Pine areas.
Conservation.
1. All homes constructed in Deschutes County shall meet State insulation standards. The
County shall consider more stringent standards (both prescriptive and equivalent
performance criteria) and encourage innovative building design which meets the intent of
the prescriptive standards.
2. To assist the public in understanding energy conservation in their homes the County will
rate the "thermal effectiveness" of new or existing dwellings, if an owner requests, based on
such factors as window placement, shading, insulation values and thermal mass, and other
Chapter 23.76 5 (01/2002)
factors similar to the City of Davis, California, Community Development Department
Standards.
3. Because multi-family housing and other types of common wall construction is more energy
efficient the County shall encourage such development in urban areas.
4. Since "leapfrog" and scattered development is wasteful of energy in the provision of
services (school buses, fire protection, utilities and transportation) these patterns shall not
be permitted (see Rural Development and Urbanization chapters), and future development
should occur in higher densities along existing corridors in urban areas.
5. Public/Private Actions: The County shall encourage local residents and businesses to
conserve energy, to use renewable resources and to recycle materials. The County shall
coordinate its efforts with those of local organizations, special districts, utility companies
and state and federal agencies.
At the time of subdivision review, the County shall see that: Covenants which prevent
energy conservation, such as roofline requirements precluding solar panels, bans on
clotheslines and prohibitions on street motorcycles, shall not be established in proposed
developments.
6. The County shall account for its 1% bicycle funds from the State Highway Funds, and shall
provide this accounting to the Bicycle Advisory Committee on an annual basis. The 1%
funds shall be the minimum spent to provide bicycle and pedestrian facilities within the
County. The County shall establish methods for funding pedestrian and bicycle facilities
that are not within the public right-of-way and therefore are not eligible for the I% funds.
The County shall consider setting aside monies which might otherwise be used for
expanding motorized traffic ways and apply them toward a non-motorized transportation
system which accesses educational, recreation, employment and shopping areas as well as
connects to new development.
7. Oregon imports 45% of its energy as fuel for motorized vehicles. Nonmotorized
transportation is recognized as an important way to conserve energy. The County shall
provide bicycle and pedestrian cormections between schools, residential areas, parks and
other recreation attractions, shopping centers, and other commercial and industrial centers.
In addition, the County shall encourage nornmotorized modes through the use of techniques
such as designating nonmotorized areas (pedestrian malls), installing traffic cells and traffic
calming designs, allocating a greater share of street space to nonmotorized modes,
restricting motor vehicle parking, and other pedestrian and bicycle-oriented land use
patterns.
8. As much as possible non-motorized systems should be favored over motorized
transportation systems.
9. New major consumers of energy, such as commerce and industry, shall be located
whenever possible near established energy distribution centers.
10. The County should set an example by weatherizing its buildings and considering passive or
active solar heat, perhaps with assistance from retrofit grants.
11. To promote public awareness of the reasons and need for energy conservation the County
shall develop an educational program for use County-wide.
(Ord. 2002-005 § 1, 2002; Ord. 2000-017 § 1, 2000; Ord. 93-003, 1993; Ord. 92-051, 1992; Ord. 85-001,
1985; Ord. 80-203, 1979; PL-20, 1979)
Chapter 23.76 6 (01/2002)
SUPPLEMENTAL BURDEN OF PROOF STATEMENT
PROPOSED TEXT AMENDMENTS
18.61.020(A) Standards in All Districts - Solar Setback
18.116.180(A) and (B) Building Setbacks for the Protection of Solar Access
APPLICANT: Pahlisch Homes
Attn: Steve Miller
63088 NE 18th Street, Ste 100
Bend, OR 97701
REQUEST: Text Amendment to the Solar Setback provisions for the Urban
Unincorporated Community - La Pine; Neighborhood Planning
Area. In order to achieve the goals and purpose of the
Neighborhood Planning Area, we hereby request a Text
Amendment to the text of Chapter 18.61.020(A) and Chapter
8.116.180(A) and (B).
1. APPLICABLE SECTIONS:
The following Sections of the Deschutes County Code (DCC) are affected by the
proposed Text Amendment.
A. Chapter 18.61, Urban Unincorporated Community Zone - La Pine
Subsection 18.61.020(A), Standards in All Districts.
B. Chapter 18.116, Supplementary Provisions
Subsections 18.116.180(A) and (B), Building Setbacks for the Protection
of Solar Access.
II. SITE FACTS:
A. LOCATION: The area affected by the proposed text amendment includes only
the Urban Unincorporated Community - La Pine; Neighborhood Planning Area.
B. ZONING: Urban Unincorporated Community - La Pine; Neighborhood Planning
Area.
C. SITE DESCRIPTION: The La Pine UUC is located in South Deschutes County
and is characterized as recreational Mecca due to its close proximity to the
Cascade Lakes and Mt. Bachelor. The La Pine UUC includes three (3) separate
planning areas, La Pine, Wickiup Junction and Neighborhood, each with its own
zoning districts. Development in the La Pine UUC area includes residential,
commercial, and industrial type uses similar to any other small town. With the
development of the La Pine sewer and La Pine water districts single-family
residential parcels are now located throughout the La Pine UUC with lot sizes
and development patterns resembling those found in an incorporated city.
Per the La Pine Neighborhood Forest Plan, the La Pine area is characterized as
Classic Lodgepole Pine Forest primarily in the western and northeastern portion
Text Amendment - Solar Setback La Pine UUC
Page 1 of 6
of the UUC and Low-Dense Lodgepole Pine Forest in the southeastern portion of
the UUC. The surrounding forest is generally healthy with limited evidence of
insect and/or mistletoe intrusion, though some porcupine damage is common.
Topography is relatively flat within and around the La Pine UUC boundary.
Comments from County Staff
1) Proposal (paraphrasing)
Applicant's statement:
The Solar Setback amendment applies to all new structures on lots less than
10,000 square feet in size and under 80-feet in average width, as defined by
Section 17.08.030 of the DCC, and located in the Neighborhood Planning Area
of the La Pine UUC. (Page 2)
Response:
This is a conjunctive clause, requiring that all three circumstances be met
in order for a lot in the NPA to receive a solar setback exception. Based on
my phone discussion with Steve, Pahlisch's intent is to except lots that are
less than 10,000 square feet in the NPA as well as lots in the NPA that have
an average lot width under 80-feet, regardless of their lot area.
If this is accurate, you will need to resubmit your proposal to reflect this
intent.
Applicant's Response: Yes, we incorrectly stated our proposal for the solar setback.
We would like the proposal to read as follows:
Proposal: We hereby propose the following amendments (all proposed amendments
are in bold underline) to the text of Chapter 18.61.020(A) and Chapter 8.116.180(A)
and (13) to read as follows:
Section 18.61.020(A):
A. Solar Setback. The setback from the north lot line shall meet the solar setback
requirement in DCC 18.116.180; excepting lots less than 10,000 square feet
in size or under 80-feet in average width and located in the Neighborhood
Planning Area of the Urban Unincorporated Community - La Pine Average
lot width shall be determined per the "lot width" definition as defined by
Section 17.08.030 of the DCC.
Section 18.116.180(A) and (B):
A. Purpose. The purpose of DCC 18.116.180 is to provide as much solar access as
practical during the winter solar heating hours to existing or potential buildings by
Text Amendment - Solar Setback La Pine UUC
Page 2 of 6
requiring all new structures, excepting those structures on lots less than
10,000 square feet in size or under 80-feet in average width and located in
the Neighborhood Planning Area of the Urban Unincorporated Community
- La Pine (average lot width shall be determined per the "lot width"
definition as defined by Section 17 08 030 of the DCC) to be constructed as
far south on their lots as is necessary and feasible.
B. Standards. Every new structure or addition to an existing structure, excepting
those structures on lots less than 10,000 square feet in size or under 80-
feet in average width and located in the Neighborhood Planning Area of the
Urban Unincorporated Community - La Pine (average lot width shall be
determined per the "lot width" definition as defined by Section 17 08 030 of
the DM, shall meet the following standards for a solar setback from the north
lot line, except as provided in DCC 18.116.180(B)(3).
2) Average width (paraphrasing)
The Solar Setback amendment applies to all new structures less than 10,000 square feet in size
and under 80-feet in average width, as defined by Section 17.08.30. (Page 2)
Response:
There is no definition for "average width" in DCC 17.08.030. I believe you
are referring to "lot width" in 17.08.030 which includes a reference to
averaging the distance between side lot lines within the buildable area.
Applicant's statement: Correct, there is not a definition for "average lot width" in DCC
17.08.030. We were referring to the "Lot Width" definition in Section 170.08.030 as
noted by staff and further corrected above.
3) History and Background of La Pine Area
Applicant's statement:
"Solar standards for smaller lots are one of the areas where difficulties
arise in trying to achieve the density and lotting pattern envisioned for this
area." (Page 3)
Response:
How are these circumstances different than the lotting pattern and density of
the residences located in Quadrant 2c?
Applicant's Response: As discussed with staff since the initial submittal of the
requested Text Amendment, Quadrant 2C was confronted with numerous solar setback
difficulties, however we were able to resolve these issues by working closely with
County staff to identify the lots that could not comply and then work on creating
solutions. For instance, we adjusted numerous north lot lines within Quadrant 2C so
they would be oriented below 45-degrees north, which in turn exempted those lots from
Text Amendment - Solar Setback La Pine UUC
Page 3 of 6
the solar setback per County Code. In addition, the County also exempted all of the
zero lot-line lots within Quadrant 2C from the solar setback requirements due to the
nature of the development. Thus, by making small adjustments to the alignment of the
north lot lines on numerous lots, as well as the County waiving the solar setback
requirement for the zero lot-line development, we were able to develop Quadrant 2C
without any conflicts with the solar setback.
However, this is not the case with the remaining Quadrants within Neighborhood 2.
One of the major limiting factors has to do with the location and classification of the
surrounding roadways. Neighborhood 2 is bound by Huntington Road on the west and
US Highway 97 on the east and both of these roads are designed to limit access points
in order to facilitate the movement of traffic. By minimizing the number of access points
to Huntington Road and US Highway 97, the County consolidates turning movements
onto these streets thereby limiting the number of possible conflict points along these
designated collector/arterial roadways, thus improving roadway safety and efficiency of
these roadways. In addition, with the adoption of the Neighborhood Planning Area the
County designated the alignment of several Collector Streets within the Neighborhood
Planning Area and these street locations when coupled with the limited access to the
surrounding collector/arterial streets greatly influence the layout of each quadrant.
Furthermore, the approved Quadrant Plan for Neighborhood 2 established the location
of the Residential General District, Residential Center District, Open Space, and
Neighborhood Park for each Quadrant. Thus, when all of these factors are combined
with the block length requirement of the Counties Subdivision Ordinance, it becomes
extremely difficult to achieve a rectangular grid pattern to allow for the ultimate solar
setback lot configuration as opportunities for connectivity to the east and west is
restricted. As such, alternatives to the street layout, lotting patterns, and access points
had to be considered for each of the remaining quadrants within Neighborhood 2.
We understand the intent of the solar ordinance was to provide solar access protection
throughout Deschutes County and for rural developments, which are generally
characterized by lower densities and larger lots, solar access is feasible. However, in a
more urban environment like the Neighborhood Planning Area, strict application of the
solar setback standards on urban style/dimensioned lots severely restricts the allowed
building sizes, heights and the ability to have a variety of housing styles. We believe
this is out of character with urban development and it works against the intent of the
establishment of the Urban Unincorporated Community - La Pine.
Discussion:
As noted above, the solar setback standards at the County are applied to all lots within
the County regardless of there location, zoning, and minimum lot size requirements.
We feel the current solar setback requirements for the Neighborhood Planning Area
within the Urban Unincorporated Community - La Pine should be amended to reflect a
changing community (i.e. urban lot sizes and development patterns), increased demand
on current land supply and desires to limit the size of the La Pine Urban Unincorporated
Text Amendment - Solar Setback La Pine UUC
Page 4 of 6
Community (UUC) boundary to help facilitate the incorporation of City of La Pine by
increasing the areas core population. Allowing more compact development within the
Neighborhood Planning Area boundary should be encouraged by amending the solar
setback requirements to exempt lots that are less than 10,000 square feet in size or
under 80-feet in average width. Even though the objective behind such a setback is
well intended, it is not practical when trying to achieve the overall goals and objectives
of a rapidly growing Urban Unincorporated Community. Communities that
accommodate more compact and multi-model transit-oriented development can greatly
reduce the environmental impacts of development by reducing auto trip distances and
thereby conserving energy. This type of development pattern also has significant health
benefits as it encourages citizens to use alternative forms of transportation, as opposed
to using the automobile for daily activities. The appropriate pattern of development
would build development where infrastructure and public services are in place; where it
is out of harm's way of potential natural disasters; and in a way that enhances the
unique character of a community. This type of development provides more people with
better access to shopping, employment or transportation hubs and promotes the
conservation of energy by limiting out of distance travel and by reuse of existing
impervious surface instead of spreading out development.
As the La Pine UUC continues to grow and seek incorporation, we strongly believe the
development of 10,000 square foot lots or greater with average lot widths of 80-feet or
more will be the exception because they use the land inefficiently, increase energy
consumption, and promote sprawl. As such, we believe the County should amend the
solar setback standards for lots that are less than 10,000 square feet in size or under
80-feet in average width within the Neighborhood Planning Area of the La Pine UUC
because without an amendment it will further complicate the County's ability to achieve
increased densities, limit traffic congestion, conserve energy, promote alternative
means of transportation, and promote diversity in housing types.
But, as with all land use tools, there are lines and boundaries involved and by allowing
for a reasonable solar access standard for the residential properties within the
Neighborhood Planning Area, it would permit greater housing diversity, more attractive
street scenes, and less urban sprawl. For example, similarly to living next to a zoning
district that allows multi-family development for your neighbor, but only a single family
home for you, the solar access ordinance also needs some boundaries. While based
on lot dimensions, size, slope, and orientation, it is very possible that two (2) adjoining
neighbors may be subject to different solar access standards. While it may seem unfair
in an individual instance, it is necessary to set limits and boundaries for the application
of all regulations. While the proposal is to exempt lots less than 10,000 square feet in
size or under 80-feet in average width from the solar setback provisions, it still allows for
reasonable roof-top solar access, which is the primary purpose of the ordinance. The
solar ordinance attempted to balance the development potential prior to the adoption of
the UUC boundary, with the need to maintain a "reasonable amount of sunlight" for the
residential properties. Compatibility can be achieved through many different
mechanisms: architectural/design standards for PUD's and certain housing types;
landscaping requirements; pedestrian/bicycle path connectivity; developments that
Text Amendment - Solar Setback La Pine UUC
Page 5 of 6
provide for a variety of housing types, styles, and lot sizes; and adequate and well-
planned open spaces. The unjustifiable and high costs of urban sprawl to the County,
and ultimately the tax-payer, are well documented. Larger lots translate to more
expensive housing, fewer options for the residents of Deschutes County, and increased
transportation costs. Additionally, given the recent measure proposed by the County
Road Department to place a freeze or moratorium on the maintenance of new County
roads due to the potential future loss of federal funding, which in turn will place a
significant burden on future homeowners in the La Pine UUC to maintain roads, it is
critical that the County encourages higher density development through the code were
practicable in order to help with the increased public infrastructure maintenance costs.
Local regulations should allow and encourage new developments to be built in such a
way that it creates walkable communities with the pedestrian and bicyclist in mind
thereby allowing freedom of mobility to a much broader range of the population and
creating a more vibrant and energy efficient community.
Text Amendment - Solar Setback La Pine UUC
Page 6 of 6