2007-158-Ordinance No. 2007-006 Recorded 3/13/2007REVIEWED
LEGAL COUNSEL
REVIE ED
r'
CODE COMMITTEE
COUNTY OFFICIAL r
NANCYUBLANKENSHIP, COUNTY CLERKDS yJ 2001'158
COMMISSIONERS' JOURNAL
111111111111111111111111111111111111
2007-158
03113/200102:56:48 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 23, of the Deschutes
County Code Regarding Rural Commercial Zoning * ORDINANCE NO. 2007-006
and Declaring an Emergency.
WHEREAS, Terry L. Mowry filed an application with the Deschutes County Planning Division that
proposed text amendments to Title 23, the Deschutes County Comprehensive Plan, to the Unincorporated
Communities chapter, and
WHEREAS, the Deschutes County Hearings Officer held a duly noticed pubic hearing on October 3,
2006, and recommended to the Board of County Commissioners ("Board") the proposed changes to Title 23 as
described in Exhibit "A"; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 23.40, Unincorporated Communities is amended to read as
described in Exhibit "A," attached and incorporated by reference herein, with new language underlined and
language to be deleted in stfikethfeu .
Section 2. AMENDMENT. DCC Title 23, the Deschutes County Comprehensive Plan Map is hereby
amended to change the zoning designation for certain property described in Exhibit "B" and depicted on the
map set forth in Exhibit "C," both Exhibits "B" and "C" being attached and incorporated by reference herein,
from Rural Residential to Rural Commercial - Pine Forest.
Section 3. FINDINGS. The Board adopts the Hearings Officer's decision adopted as Exhibit "D" and
attached and incorporated by reference herein, as its findings to support this Ordinance.
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 takes effect on its passage.
Dated this of )VI&Ack,2007 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DALY, CHAIR
R. LUKE, VICE CHAIR
ATTEST:
Recording Secretary
TAMMY AAWY. COMIX41ESIONER
PAGE 1 OF 2 - ORDINANCE NO. 2007-006 (2/5/07)
Date of 1St Reading: 59- day of 2e& - 12007.
Date of 2nd Reading: d day of 2007.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Michael M. Daly ✓
Dennis R. Luke ✓
Tammy Baney
Effective date: day of 2007.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2007-006 (2/5/07)
EXHIBIT "A"
Note: denotes code text and sections not amended by Ordinance 2007-006.
Chapter 23.40. UNINCORPORATED COMMUNITIES
23.40.010.
Unincorporated Communities.
23.40.020.
Urban Unincorporated Community - La Pine.
23.40.025.
Urban Unincorporated Community - Sunriver.
23.40.030.
Rural Communities - Terrebonne and Tumalo.
23.40.040.
Rural Service Centers - Alfalfa, Brothers, Hampton
and Millican, Whistlestop and Wildhunt
23.40.050.
Resort Communities - Black Butte Ranch and
Inn of the Seventh Mountain/Widgi Creek.
23.40.060.
Rural Commercial Deschutes Junction, Deschutes River
Woods Store, Pine Forest. Rosland and Spring River.
23.40.070.
Rural Industrial.
23.40.080.
Maps.
23.40.010. Unincorporated Communities.
The 1979 comprehensive plan designated the following rural service centers (RSC): Alfalfa, Brothers,
Hampton, and Millican. La Pine, Whistle Stop, Wickiup Junction, Terrebonne, Wild Hunt and Tumalo.
These areas were designated in that plan as exception areas from Goals 3 and 4. Zoning under the
Comprehensive Plan allowed for a mix of residential uses and commercial uses to support nearby residential
uses. The scope of those uses was never clearly defined but, until the early 1990's, was ever much of an
issue since there was little development pressure.
In 1994, LCDC adopted a new administrative rule, OAR 660 Division 22 to clarify what uses could be
allowed in "unincorporated communities" without violating Statewide Planning Goals 11 and 14 relating to
public facilities and urban uses. The rule identifies 4 different kinds of rural communities: Resort
Community, Urban Unincorporated Community, Rural Community and Rural Service Center. In addition
to the RSCs listed above the following developments were identified as communities that Deschutes County
has been required to review for compliance with the rule: Black Butte Ranch and Inn of the Seventh
Mountain/Widgi Creek resorts, Deschutes Junction RSC, Spring River RSC, lands zoned for Rural
Industrial development and the Deschutes River Woods Country Store development. The latter four areas
will be zoned in 2002 for Rural Commercial or Rural Industrial uses because they do not meet the criteria of
any of the four types of unincorporated communities.
The Pine Forest Rural Commercial area was zoned Rural Commercial in 2007 because it was recognized as
a small rural center that was committed to rural commercial development in 1970, prior to the adoption of
statewide zoning rules by Deschutes County and the application of rural residential zoning to the subject
property. This zoning failed to recognize the commercial nature of this property. The small size and rural
nature of the development in the Pine Forest Rural Commercial area make it appropriate to apply an RC
designation.
The County changed zoning for the Rosland Rural Commercial area from Rural Residential (RR-10) to
Rural Commercial in 2003 because the County recognized the Rosland area as a small rural center that was
established prior to the adoption of statewide zoning rules by Deschutes County. The County designated the
subject property as Rural Residential Exceptions Area on the 1979 PL-15 zoning maps. This designation did
not reflect the nature of the historically committed land uses on the subject property.
The County changed zoning for the Rosland Rural Commercial area from Rural Residential (RR-10) to
Rural Commercial in 2003 because the County recognized the Rosland area as a small rural center that was
established prior to the adoption of statewide zoning rules by Deschutes County. The County designated the
PAGE 1 OF 5 - EXHIBIT "A" TO ORDINANCE 2007-006 (01/22/2007)
EXHIBIT "A"
subject property as Rural Residential Exceptions Area on the 1979 PL-15 zoning maps. This designation did
not reflect the nature of the historically committed land uses on the subject property.
Since 1979, state law regarding Rural Community Centers has changed. In 2002, the County changed the
designation of the smallest acknowledged RSC areas throughout the County to Rural Commercial zoning to
comply with the new state administrative rules for Rural Communities. The Rosland Rural Commercial area
was mistakenly left off the 1979 PL-15 zoning maps.
The small size and the rural character and intensity of the development in the Rosland Rural Commercial
area makes it appropriate to apply an RC rather than an RSC designation. Additionally, OAR 660-022-
0010(10)(b) states that in order for an area to be zoned "Rural Service Center" under the Unincorporated
Communities rule, it must be identified in a county's acknowledged comprehensive plan as a "rural service
center" prior to the adoption of OAR 660-022, which was on October 28, 1994, or be listed with the
Department of Land Conservation and Development's January 30, 1997 "Survey of Oregon's
Unincorporated Communities." The Rosland Rural Commercial area does not meet either of these
requirements.
The following table shows that the plan designation for each area is Unincorporated Community, and
indicates which type of community the area is defined as and the year when review for compliance with
OAR 660 Division 22 was completed.
(Ord. 2007-006 § 1, 2007; Ord. 2003-079 § 1, Ord. 2002-001 § 4; Ord. 2002-005 § 1, 2002; Ord. 2001-047
§ 2; 2001; Ord. 2000-017 § 1, 2000; Ord. 98-014 § 1, 1998; Ord. 97-076 § 2, 1997)
23.40.060. Rural Commercial - Deschutes Junction, Deschutes River Woods Store, Pine Forest,
Rosland and Spring River
The Rural Commercial plan designation is applicable to residential and commercial lands located outside
unincorporated communities and urban growth boundaries.
The County has also applied the new Rural Commercial plan designation to the Pine Forest and Rosland
commercial centers which has-have historically been committed to commercial type uses and has--have
served the area as such since prior to adoption of zoning regulations. No new exceptions are required as the
subject properties are in an acknowledged exception area.
A. Introduction
The 1979 Comprehensive Plan designated the areas of Deschutes Junction, Deschutes River Woods Store
and Spring River as Rural Service Centers. Since that time, the Unincorporated Communities Rule (OAR
660-022) has defined "rural service centers" in such a way that these areas no longer qualify as rural service
centers. As a part of Periodic Review, Deschutes County is applying a new comprehensive plan designation
of Rural Commercial to Deschutes Junction, Deschutes River Woods Store and Spring River.
No new exceptions to Goals 3 or 4 or new non-resource lands were taken as a result of the change in
designation from Rural Service Center to Rural Commercial. The Rural Commercial designation is only
applied to acknowledged exception areas.
The rural uses and services are limited in size and scope and are intended to serve the immediate rural area
and travelers passing through the area. The plan policies and zoning standards restrict new commercial uses
to those that are less intensive than those authorized in other types of unincorporated communities. The uses
and densities are limited by the zoning, thereby maintaining these areas as rural lands.
PAGE 2 OF 5 - EXHIBIT "A" TO ORDINANCE 2007-006 (01/22/2007)
Upper Deschutes River Basin, with the Deschutes River generally forming the western boundary of the
community. Sunriver includes approximately 3,374 acres which are bounded by the Deschutes National
Forest on the east, west and north sides. Small lot residential subdivision development is the predominant
land use to the south of the community boundary. However, Crosswater, a private residential/resort
community has also recently been developed in the area immediately south of Sunriver.
1. Periodic Review
hi order to comply with state rules for Periodic Review (OAR 660-025), Deschutes County has
reviewed and updated the County comprehensive plan and land use regulations for the areas of
Deschutes Junction, Deschutes River Woods Store and Spring River. Each of these communities was
identified as an unincorporated community under OAR 660-022, Unincorporated Communities. OAR
660-022 defines several types of unincorporated communities and provides limitations on the types and
sizes of uses permitted, generally restricting uses that are inappropriate considering available water,
sewer, and transportation service, or uses that would tend to undermine the viability of nearby urban
areas.
During its review of lands identified as rural service centers, the County determined that Deschutes
Junction, Deschutes River Woods Store and Spring River do not qualify as any of the four types of
unincorporated communities identified under OAR 660-022. The Rural Commercial plan designation
and zoning brings each of these three areas into compliance with state rules by adopting zoning to
ensure that they remain rural and that the uses allowed are less intensive than those allowed in
unincorporated communities as defined in OAR 660-022.
As part of Periodic Review, the Comprehensive Plan and zoning map boundaries for all of the Rural
Commercial areas were amended to comply with the requirements of the administrative rules and to
reconcile historic mapping inconsistencies between the plan and the zoning maps.
2. Post-Acknowledgment Plan Amendments
The owner of the Rosland commercial center sought approval of a post-acknowledgment plan
amendment in 2002. The amendment was sought to confirm her right to continue to operate the
commercial center as it has been operated since 1973. The center was recognized because it is small and
rural in character and would qualify for a goal exception as the land is physically developed with rural
commercial uses.
The owners of the Pine Forest commercial center sought approval of a post-acknowledgment plan
amendment in 2006. The amendment was sought to confirm their right to continue to operate the
commercial center as it has been operated since 1970. The center was recognized because it is small
and rural in character and would qualify for a goal exception as the land is physically developed with a
rural commercial use and is needed for infrastructure to support the existing commercial use.
3. Rural Commercial
The Deschutes Junction Rural Commercial boundary includes 1.77 acres, bounded by Tumalo Road on
the South, Highway on the East, with the remainder surrounded by agricultural lands (EFU).
The Deschutes River Woods Store Rural Commercial boundary includes 4.99 acres bounded by Baker
Road on the North, Highway 97 on the East, railroad tracks and Cheyenne Road on the West and
PAGE 3 OF 5 - EXHIBIT "A" TO ORDINANCE 2007-007 (01/22/2007)
Morningstar Christian School on the South. The surrounding land is zoned Rural Residential (RR-10).
The Deschutes River Woods residential subdivision is adjacent to this property.
The Pine Forest Rural Commercial boundary includes approximately 2.0 acres bounded by Pine Forest
Drive and Burgess Road. The remainder is surrounded by exceptions land zoned RR-10.
The Rosland Rural Commercial boundary includes approximately 4.5 acres near the intersection of
Burgess and River Pine Roads. The remainder is surrounded by exceptions land zoned RR-10.
The Spring River Rural Commercial boundary includes 9.16 acres bounded by Spring River Road on
the North, Lunar Drive on the East and additional commercial and residential uses on the South and
West. The surrounding land is zoned Rural Residential (RR-10).
B. Land Use Planning
1. Existing Land Uses
The existing land uses in all of the Rural Commercial areas are primarily commercial with a few
residences existing in conjunction with businesses. The surrounding zoning is agricultural, forest,
and Rural Residential.
The Deschutes County Comprehensive Plan designates Deschutes Junction, Deschutes River
Woods Store, Pine Forest, Rosland and Spring River as Rural Commercial.
C. Policies
1. Land use regulations shall ensure that the uses allowed are less intensive than those allowed for in
inunincorporated communities in OAR 660, Division 22 or any successor.
2. Rural Commercial zoning shall be applied to Deschutes Junction, Deschutes River Woods Store,
Pine Forest, Rosland and Spring River.
3. In Spring River, there shall be a Limited Use Combining zone.
4. County Comprehensive Plan policies and land use regulations shall ensure that new uses authorized
within the Deschutes Junction, Deschutes River Woods Store, Pine Forest, Rosland and Spring
River areas do not adversely affect agricultural and forest uses in the surrounding areas.
5. Zoning in the area shall ensure that the uses allowed are rural as required by Goal 14, Urbanization,
and less intensive than those allowed for unincorporated communities as defined in OAR 660-022.
New commercial uses shall be limited to those that are intended to serve the surrounding rural area
or the travel needs of people passing through the area.
6. New commercial uses shall be limited in size to 2500 square feet, or 3500 square feet, if for an
agricultural or forest-related use.
7. A lawful use existing on or before November 5, 2002, not otherwise allowed in a Rural Commercial
zone, may continue to exist subject to the county's nonconforming use regulations.
8. An existing lawful use may expand up to 25 percent of the total floor area existing on November 5,
2002.
9. The Rural Commercial zoning regulations shall allow a mixed use of residential or rural
commercial uses.
10. Residential and commercial uses shall be served by DEQ approved on-site sewage disposal
systems.
PAGE 4 OF 5 - EXHIBIT "A" TO ORDINANCE 2007-007 (01/22/2007)
11. Residential and commercial uses shall be served by on site wells or public water systems.
12. Community sewer systems, motels, hotels and industrial uses shall not be allowed.
13. Recreational vehicle or trailer parks and other uses catering to travelers shall be permitted.
(Ord. 2007-006 § 1, 2007; Ord. 2003-079§ 1, 2003; Ord. 2002-018 § 2, 2002; Ord. 2002-005 § 1, 2002;
Ord. 2000-017 § 1, 2000; Ord. 96-045, 1996)
23.40.080. Maps.
(Ord. 2007-006 § 1, 2007; Ord. 2003-079, § 1, 2003; Ord. 2002-026, § 1, 2002; Ord. 2002-018, § X, 2002;
Ord. 2002-001 § 4, 2002; Ord. 20001-047 § 2, 2001; Ord. 2000-017 § 1, 2000)
PAGE 5 OF 5 - EXHIBIT "A" TO ORDINANCE 2007-007 (01/22/2007)
EXHIBIT "B"
The subject property is located at the southwest corner of the intersection of Burgess
Road, Day Road and Pine Forest Drive in La Pine. It is further identified as Tax Lots 100
and 200 on Deschutes County Assessor's Map 22-10-04A, Lot Ten (10) of
WOODLAND PARK HOMESITES, Deschutes County, Oregon; Lot 9, WOODLAND
PARK HOMESITES, Deschutes County, Oregon. The subject property has assigned
addresses of 52381 Pine Forest Drive (Tax Lot 100) and 15981 Burgess Road (Tax Lot
200), La Pine.
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Exhibit "C"
to Ordinance 2007-006
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Feet
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Michael M. Daly, Chair
Dennis R. Luke, Vice Chair
Tammy Baney, Commissioner
ATTEST: Recording Secretary
Dated this _ day of February, 2007
Effective Date: May_, 2007
January 22, 2007
{
Exhibit D
DECISION OF DESCHUTES COUNTY HEARINGS OFFICER
FILE NUMBERS:
APPLICANT/
PROPERTY OWNER:
APPLICANT'S
ATTORNEY:
PA-06-3/ZC-06-2
Terry L. Mowry
P.O. Box 303
La Pine, Oregon 97739
Liz Fancher
644 N.W. Broadway Street
Bend, Oregon 97701
REQUEST: The applicant is requesting approval of a plan amendment and
zone change from RR-10 to RC for a 1.97-acre parcel located at
the southwest corner of the intersection of Burgess Road, Day
Road and Pine Forest Drive in La Pine. The applicant also requests
approval to amend the comprehensive plan and zoning ordinance
texts to include a new Pine Forest Rural Commercial Zone and
zoning regulations governing uses therein.
STAFF REVIEWER: Will Groves, Associate Planner
HEARING DATE: October 3, 2006
RECORD CLOSED: October 3, 2006
1. APPLICABLE STANDARDS AND CRITERIA:
A. Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance
1. Chapter 18.74, Rural Commercial (RC) Zone
* Section 18.74.010, Purpose
2. Chapter 18.136, Amendments
* Section 18.136.020, Rezoning Standards
B. Title 22 of the Deschutes County Code, the Development Procedures Ordinance
1. Chapter 22.20, Review of Land Use Action Applications
* Section 22.20.040, Final Action in Land Use Actions
Mowry
PA-06-3/ZC-06-2
Page 1 of 25
f
C. Title 23 of the Deschutes County Code, the Deschutes County Comprehensive Plan
1. Chapter 23.12, Definitions
* Section 23.12.010, Definitions
2. Chapter 23.24, Rural Development
* Section 23.24.010, Rural Development
3. Chapter 23.40, Unincorporated Communities
* Section 23.24.060, Rural Commercial - Deschutes Junction, Deschutes
River Woods and Spring River
4. Chapter 23.60, Transportation
* Section 23.60.010, Transportation
5. Chapter 23.68, Public Facilities
* Section 23.68.020, Policies
6. Chapter 23.96, Open Space, Areas of Special Concern, and Environmental
Quality
* Section 23.96.030, Policies
D. Oregon Administrative Rules, Chapter 660
1. Division 12, Transportation Planning
* OAR 660-012-0060, Plan and Land Use Regulation Amendments
2. Division 15, State-Wide Land Use Planning Goals and Guidelines
* OAR 660-015-000, State-Wide Planning Goals and Guidelines No. 1
Through No. 14
* OAR 660-015-005, State-Wide Planning Goal and Guideline 15
* OAR 660-015-010, State-Wide Planning Goals and Guidelines No. 16
Through No. 19
II. FINDINGS OF FACT:
A. Location: The subject property is located at the southwest corner of the intersection of
Burgess Road, Day Road and Pine Forest Drive in La Pine. It is further identified as Tax
Mowry
PA-06-3/ZC-06-2
Page 2 of 25
'r
Lots 100 and 200 on Deschutes County Assessor's Map 22-10-04A, and as Lots 9 and 10
of the Woodland Park Homesites Subdivision. The subject property has an assigned
addresses of 52381 Pine Forest Drive (Tax Lot 100) and 15981 Burgess Road (Tax Lot
200), La Pine.
B. Zoning and Plan Designation: The subject property is zoned Rural Residential (RR-10)
and designated Rural Residential Exception Area on the comprehensive plan map. The
subject property also is zoned Landscape Management (LM) and Wildlife Area Overlay
(WA) Zones.
C. Site Description: The subject property is rectangular in shape and bounded on the north
by Burgess Road and on the east by Pine Forest Road. Tax Lot 200 is undeveloped. Tax
Lot 100 is developed with a manufactured home, detached garage and 1,776-square-foot
building hereafter referred to as the "commercial building." Access to the dwelling is
from Pine Forest Drive and access to the commercial building is from Burgess Road. At
the public hearing the applicant testified there currently are three access driveways off
Burgess Road and three access driveways off Pine Forest Road, and that he intends to
consolidate the driveways on each road and move them away from the intersection of
Burgess Road and Pine Forest Road. The Deschutes County Assessor's records indicate
the manufactured home a 1972 Guerdon/Van Dyke model. The county has no record of a
placement permit for this manufactured home, although the staff report notes placement
of this dwelling likely preceded any permit requirements. The county records show a
1988 building permit for the detached garage adjacent to the manufactured home. The
record indicates the commercial building on Tax Lot 100 was built in 1970.
D. Surrounding Zoning and Land Uses: The subject property and surrounding property
are part of the large La Pine rural exception area that was created in 1979 when the
county adopted its current comprehensive plan. The exception area is zoned RR-10. Most
surrounding properties are developed with single-family dwellings on large lots.
However, the property to the north across Burgess Road is developed with a fire station
owned and operated by the La Pine Rural Fire Protection District. Approximately two
miles east of the subject property is the Wickiup Junction Planning Area on U.S.
Highway 97 that includes a variety of commercial uses on both sides of the highway and
Burgess Road.
E. Procedural History: The applicant purchased the subject property in 1994. In 2000 the
county approved the applicant's request for a verification of nonconforming use for the
existing commercial development on Tax Lot 100, consisting of a retail sales/rental
business and/or a commercial, professional or non-profit office in the existing
commercial building (NUV-00-1). The approval identified the following uses in the
commercial building from 1970 through 2000:
• La Pine Tool Rental (1970-1986)
• Pop and Produce Store (1982-1982)
• Scovill Construction Office (1981-1983)
• John's Video (1989-1993)
Mowry
PA-06-3/ZC-06-2
Page 3 of 25
F
• Neighborhood Video Rentals (1993-2000)
• Newberry Habitat for Humanity (1994-1996)
• Sargent's Realty (1972-1992)
• Netti Holland's La Pine Drapery (1981)
• La Pine Disposal/County Gifts and Crafts (1986-1989)
• Cascade Realty West (1992-1994)
• Allwood Construction Office (1994-1996)
• Jamie's Second Hand Store (1996-1998)
The subject applications were submitted on June 30, 2006 and were accepted b:y the
county as complete on July 30, 2006. Because the applications include a request for
approval of a plan amendment and related zone change, under Section 22.20.040(D) of
the county's land use procedures ordinance, the 150-day period for issuance of a final
local land use decision under ORS 215.427 does not apply. A public hearing on the
applications was scheduled for October 3, 2006. On that date the Hearings Officer
conducted a site visit to the subject property and vicinity. At the public hearing, the
Hearings Officer disclosed her observations and impressions from the site visit, received
testimony and evidence, and closed the record. The applicant waived his right to submit
final argument pursuant to ORS 197.763.
G. Proposal: The applicant is requesting approval of a plan amendment and zone change
from RR-10 to Rural Commercial (RC) to recognize the fact that Tax Lot 100 has been
committed to commercial uses since 1970 and to designate the subject property as the
Pine Forest Rural Commercial Area. The applicant is requesting approval of a plan
amendment and zone change for Tax Lot 200 so it can be used for access, parking and
utility services related to the commercial use on Tax Lot 100. The applicant also is
requesting approval to amend the comprehensive plan and zoning ordinance texts to
include a new Pine Forest Rural Commercial Zone and zoning regulations governing uses
therein. Approval of the applicant's proposal will allow the applicant to remodel the
existing commercial building to establish a small grocery store on the subject property.
The applicant was not required to, and did not, apply for an exception to Goals 3, 4 or 14
because the RC Zone is recognized as a rural zoning district and therefore the limited
commercial uses allowed within that zone are considered rural rather than urban uses. In
addition, the applicant does not request removal of the existing LM and WA overlay
zones from the subject property.
H. Public/Private Agency Comments: The county sent notice of the applicant's proposal to
a number of public and private agencies and received responses from: the Deschutes
County Road Department (hereafter "road department"), Property Address Coordinator,
and Environmental Health Division; and the Oregon Department of Water Resources,
Watermaster-District 11. These comments are set forth verbatim at page 6 of the staff
report. The following agencies did not respond to the request for comments: the
Deschutes County Building Division and Transportation Planner; the La Pine Rural Fire
Protection District; the La Pine Park and Recreation District; Oregon Departments of
Land Conservation and Development and Fish and Wildlife; and Midstate Electric
Cooperative.
Mowry
PA-06-3/ZC-06-2
Page 4 of 25
I. Public Notice and Comments: The Planning Division mailed individual written notice
of the applicant's proposal and the public hearing to the owners of record of all property
located within 250 feet of the subject property. In addition, notice of the public hearing
was published in the "Bend Bulletin" newspaper, and the subject property was posted
with a notice of proposed land use action sign. As of the date the record in this matter
closed the county had received two letters from the public in response to these notices. In
addition, three members of the public testified at the public hearing.
J. Lot of Record: The staff report states the county recognizes the subject property as two
legal lots of record consisting of Lots 9 and 10 the Woodland Park Homesites
Subdivision.
III. CONCLUSIONS OF LAW:
A. Preliminary Issues:
1. La Pine Incorporation
FINDINGS: The Hearings Officer is aware that in the November 2006 general election
Deschutes County voters approved the incorporation of La Pine. However, as of the date the
applicant submitted these applications La Pine was an urban unincorporated community subject
to the county's comprehensive plan and land use regulations, and therefore I find the county's
regulations establish the substantive and procedural requirements applicable to these
applications.
2. Need for Store
FINDINGS: As discussed in the Findings of Fact above, the applicant's burden of proof states
he plans to develop the subject property with a small grocery store should his request for a plan
amendment and zone change be approved. Opponents argue such approval should not be given
because there is no need for another grocery store. As discussed in detail in the findings below,
none of the applicable approval criteria for the proposed plan amendment and zone change
establish a "need" standard. In other words, the applicant is not required to demonstrate there is a
need for a grocery store on the subject property in order to obtain plan amendment and zone
change approval. Therefore, the Hearings Officer finds there is no merit to this argument.
3. Property Devaluation
FINDINGS: Opponents argue approval of the applicant's proposed plan amendment and zone
change will devalue their residential property. In the alternative, one opponent argued the
applicant's proposal should not be approved unless the opponent's property can be included in
the commercial zone. As discussed in the findings below, none of the applicable approval. criteria
for the proposed plan amendment and zone change establish a requirement that the applicant
address impacts on surrounding property values. Therefore, the Hearings Officer finds there also
is no merit to this argument.
Mowry
PA-06-3/ZC-06-2
Page 5 of 25
4. Compatibility with Residential Uses
FINDINGS: Opponents argue commercial zoning and development are by definition not
compatible with surrounding residential zoning and uses, and therefore the subject property is
not suitable for rural commercial zoning and development. However, as discussed in the
Findings of Fact above, the record indicates the subject property has been continuously occupied
with commercial uses for over 30 years. In addition, as discussed in the findings below, the
comprehensive plan contemplates the creation of rural commercial areas specifically to serve the
residents of dwellings in surrounding areas, indicating the county's determination that such uses
can be compatible with one another. Therefore, the Hearings Officer finds there is no merit to
this argument.
5. Precedent for Expansion of Commercial Uses
FINDINGS: One opponent argued approval of the applicant's proposed plan amendment and
zone change would set a precedent for further commercial development at or near the Burgess
Road/Pine Forest Road/Day Road intersection, allowing it to grow "like a cancer." However, as
discussed in the findings below, the types and sizes of commercial uses that can be developed on
the subject property under the proposed RC plan designation and zoning will be limited by the
terms of the RC Zone itself. Therefore, the Hearings Officer finds there is no merit to this
argument.
6. Grocery Store Site Development
FINDINGS: One opponent argued access for any grocery store developed on the subject
property should be limited to Pine Forest Road. The Hearings Officer finds no specific
commercial development application is before me, and therefore I cannot consider site planning
questions for such use.
B. Title, 23 of the Deschutes County Code, the Deschutes County Year 2000
Comprehensive Plan
FINDINGS: The county's comprehensive plan does not include provisions specifically
authorizing amendments to the plan or identifying approval criteria for such amendments.
However, in numerous previous plan amendment decisions hearings officers have concluded a
proposed plan amendment must be consistent with applicable plan provisions. The Hearings
Officer adheres to those holdings here.
The applicant has requested approval to designate the subject property as the new Pine Forest
Rural Commercial Area. The applicant also has requested that the provisions of Section
23.40.060 of the comprehensive plan be amended to add the "Pine Forest Rural Commercial
Area" to the list of recognized rural commercial areas in the county. The applicant's burden of
proof and the staff report identify the following plan provisions as applicable to the applicant's
proposed amendment.
1. Chapter 23.40, Unincorporated Communities
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z
a. Section 23.40.060. Rural Commercial - Deschutes Junction,
Deschutes River Woods Store and Spring River
A. Introduction
The rural uses and services are limited in size and scope and
are intended to serve the immediate rural areas and travelers
passing through the area. The plan policies and zoning
standards restrict new commercial uses to those that are less
intensive than those authorized in other types of
unincorporated communities. The uses and densities are
limited by the zoning, thereby maintaining these areas as rural
lands.
FINDINGS: As discussed above, the subject property consists of two subdivision lots totaling
approximately 1.97 acres. The property currently is developed with a 1,776-square-foot
commercial building that has been used continuously since 1970 for a variety of commercial uses
and which the applicant proposes to convert to a small convenience store. The Hearings Officer
finds the relatively small size of the subject property and the existing commercial building will
assure that development of the subject property under a rural commercial plan designation will
be consistent with the plan provisions concerning rural commercial areas and their limited size
and development intensity.
C. Policies
1. Land use regulations shall ensure that the uses allowed
are less intensive than those allowed for [in
unincorporated communities in OAR 660, Division 22
or any successor.
FINDINGS: The applicant has proposed that commercial development of the subject property
under the proposed a rural commercial area plan designation be subject to the same zoning
restrictions as are applied to the Rosland Rural Commercial Zone also located in the La Pine
area. The applicant has proposed zoning regulations that specifically limit the size of commercial
buildings and size and intensity of uses in the same manner as in other RC-zoned areas. For these
reasons, the Hearings Officer finds the applicant's proposal is consistent with this plan policy.
2. Rural Commercial zoning shall be applied to Deschutes
Junction, Deschutes River Woods Store, Rosland and
Spring River.
FINDINGS: As discussed above, the applicant has proposed to amend this provision to include
the new Pine Forest Rural Commercial Zone.
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4. County Comprehensive Plan policies and land use
regulations shall ensure that new uses authorized within
the Deschutes Junction, Deschutes River Woods Store,
Rosland and Spring River areas do not adversely affect
agricultural and forest uses in the surrounding areas.
FINDINGS: The applicant also has proposed to amend this provision to include the new Pine
Forest Rural Commercial Zone. The applicant argues, and the Hearings Officer agrees, that
because the proposed Pine Forest RC Zone would be surrounded by rural exception areas zoned
RR-10, and the nearest resource-zoned land is located a significant distance from the subject
property, the applicant's proposal will have no adverse impacts on agricultural or forest uses
consistent with this policy.
5. Zoning in the area shall ensure that the uses allowed are
rural as required by Goal 14, Urbanization, and less
intensive than those allowed for unincorporated
communities as defined in OAR 660-022. New
commercial uses shall be limited to those that are
intended to serve the surrounding rural area or the
travel needs of people passing through the area.
FINDINGS: The applicant argues, and the Hearings Officer agrees, his proposal will comply
with this policy because the same zoning regulations will apply to the Pine Forest Rural
Commercial Zone as currently apply to the Rosland Rural Commercial Zone which limits the
size and intensity of allowed commercial uses to those designed to meet the needs of residents of
the surrounding rural area and travelers passing by.
6. New commercial uses shall be limited in size to 2500
square feet, or 3500 square feet, if for an agricultural or
forest-related use.
FINDINGS: As discussed above, the existing commercial building on the subject property is
1,776 square feet in size. The applicant argues, and the Hearings Officer agrees, that the
applicant's proposal will satisfy this policy because the applicant's proposed plan and zoning
text amendments will apply this limitation to the Pine Forest Rural Commercial Zone in the same
way it is applied in the county's existing RC Zones including the Rosland RC Zone.
7. A lawful use existing on or before November 5, 2002,
not otherwise allowed in a Rural Commercial zone, may
continue to exist subject to the county's nonconforming
use regulations.
8. An existing lawful use may expand up to 25 percent of
the total floor area existing on November 5, 2002.
FINDINGS: The applicant's proposed plan and zoning ordinance text amendment language
includes these provisions.
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9. The Rural Commercial zoning regulations shall allow a
mixed use of residential or rural commercial uses.
FINDINGS: The applicant has proposed to include residential uses in the list of allowed uses in
the Pine Forest Rural Commercial Zone, therefore complying with this policy and in order to
allow the existing residence on the subject property to continue to be a permitted use.
10. Residential and commercial uses shall be served by
DEQ approved on-site sewage disposal systems.
FINDINGS: The record indicates the subject property currently is served by operational and
permitted on-site septic systems. The record indicates the existing septic system was repaired
earlier this year. In its comments on the applicant's proposal, the Deschutes County
Environmental Health Division stated the applicant has obtained an approved septic site
evaluation for a grocery store without food preparation service up to approximately 4,000 square
feet in size (Permit # 20465) and for a maximum sewage flow of 750 gallons per day. A copy of
the approved site evaluation is included in the record as Exhibit "G" to the applicant's burden of
proof. In addition, as discussed in the Findings of Fact above the applicant has requested
approval to include Tax Lot 200 in the area designated and zoned for rural commercial use in
order to provide sufficient area for parking and for an on-site disposal system. Water is provided
by a domestic well on Tax Lot 100. For these reasons, the Hearings Officer finds the applicant's
proposal is consistent with this policy.
11. Residential and commercial uses shall be served by on
site wells or public water systems.
FINDINGS: The record indicates the uses on the subject property currently are served, and in
the future will be served, by on-site wells in accordance with this policy.
12. Community sewer systems, motels, hotels and industrial
uses shall not be allowed.
FINDINGS: As discussed above, the existing commercial use is not served by a community
sewer system but rather by an on-site septic system. The applicant has proposed zoning
regulations for the proposed rural commercial area that will not allow a motel, hotel, industrial
use or community sewer system, consistent with this policy.
13. Recreational vehicle or trailer parks and other uses
catering to travelers shall be permitted.
FINDINGS: The applicant's proposed zoning ordinance text amendment would allow the
described uses, consistent with this policy.
b. Section 23.60, Transportation
1. Section 23.60.010, Transportation
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* * * The purpose of DCC 23.60 is to develop a transportation
system that meets the needs of Deschutes County residents
while also considering regional and state needs at the same
time. This plan addresses a balanced transportation system
that includes automobile, bicycle, rail, transit, air, pedestrian
and pipelines. It reflects existing land use plans, policies and
regulations that affect the transportation system.
FINDINGS: The subject property has frontage on the north on Burgess Road, a designated rural
arterial street, and has frontage on the east on Pine Forest Drive, a designed rural local street.
Table 1 of Section 23.60.010 includes the following descriptions:
1. Rural "Arterial" Street:
• links cities, larger towns, and other major traffic generators, providing inter-regional and
inter-county service;
• spaced at distances so that all developed areas are within reasonable distance of an
arterial highway;
• provides service to corridors with trip length and travel density greater than that
predominantly served by rural collector or local systems;
• serves the more important intra-county travel corridors;
• movement of goods and services;
• includes Federal Forest Highways.
1. Rural "Local" Street:
• primarily provides access to adjacent land/properties; and
• Accommodates travel over short distances as compared to arterials and collectors.
Section 23.60.010(G) states:
G. Level of Service.
In order to effectively communicate about traffic flow and traffic capacity
conditions, the engineering and planning professions have adopted a concept
of level of service to describe traffic conditions and associated traffic flow
rates. Six levels of service designations ranging form A to F are typically
recognized by the transportation professions.
For rural, two-lane roads in the County, the peak hour traffic volumes were
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assumed to be ten percent (10%) of the average daily traffic amount, then
further adjusted to reflect a desirable flow rate. For a ten-percent (10%)
peak hour flow ("K" factor), the corresponding ADT and LOS are identified
in Table 2.
Table 2, labeled "Maximum Average Daily Traffic Allowed for Various Levels of Service,"
states that 9,600 ADTs (and 960 p.m. peak hour trips - i.e., between 4:00 and 6:00 p.m.
weekdays) constitutes LOS D.
As discussed in detail in the findings below concerning compliance with the Transportation
Planning Rule (TPR), the applicant submitted a traffic impact analysis (hereafter "traffic study")
dated June 27, 2006 and prepared by Ferguson & Associates, Inc. This study is included in the
record as Exhibit "J" to the applicant's burden of proof. The traffic study predicts commercial
development of the subject property under the proposed rural commercial designation and zoning
would result in an increase of 154 ADTs and 16 p.m. peak hour trips over current traffic, and
concludes that this minimal traffic increase will not reduce the performance of either Burgess
Road and Pine Forest Drive below LOS D, consistent with these plan policies.
In its comments on the applicant's proposal, the road department expressed concern about the
current configuration of the intersection of Burgess Road, Day Road and Pine Forest Road. As
shown on the aerial photographs of the subject property and vicinity included in the record, the
centerlines of Day Road and Pine Forest Road do not align across Burgess Road. The centerline
of Pine Forest Road is located approximately 30 feet west of the centerline of Day Road. As a
result there is the potential for conflicting left turns and eventual left-turn lanes. However, it
appears this configuration has existed all of the time the subject property has been developed
with commercial uses. The road department commented that "the county has plans to align these
roads," and that the subject property will not negatively impacted by the realignment since it will
need to occur at either the northwest or southeast corner of the intersection, there appears to be
sufficient undeveloped land to provide the right-of-way necessary for the realignment, and in any
event any impacts to the subject property (such as additional right-of-way for turn lanes) would
occur only at the time of site plan review for a new commercial use under the RC zoning.
For the foregoing reasons, the Hearings Officer finds the proposed plan amendment is consistent
with this plan policy.
2. Chapter 23.68, Public Facilities
a. Section 23.68.020, Policies
1. Public facilities and services shall be provided at levels and in
areas appropriate for such uses based upon the carrying
capacity of the land, air and water, as well as the important
distinction that must be made between urban and rural
services. In this way public services may guide development
while remaining in concert with the public's needs.
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3. Future development shall depend on the availability of
adequate local services in close proximity to the proposed site.
Higher densities may permit the construction of more adequate
services than might otherwise be true. Cluster and planned
development shall be encouraged.
9. New development shall not be located so as to overload existing
or planned facilities, and developers or purchasers should be
made aware of potentially inadequate power facilities in rural
areas.
FINDINGS: The record indicates public facilities and services already are serving residential
development in the area surrounding the subject property. In addition, the subject property is
located within the boundaries of the La Pine Rural Fire Protection District, and as discussed in
the Findings of Fact above a fire district fire station is located across Burgess Road from the
subject property. Police service will be provided by the Deschutes County Sheriff's Office. The
subject property currently is served by an on-site well and septic system, and as discussed above
the applicant has received an approved septic site evaluation for a small grocery store without
on-site food service. Finally, as discussed in the findings above, the Hearings Officer has found
the commercial uses that would be permitted under the proposed rural commercial plan
designation and zoning would not change road the functional classification, or exceed the
capacity of, affected transportation facilities. For these reasons I find the applicant's proposed
plan amendment is consistent with these policies.
3. Chapter 23.96, Open Space, Areas of Special Concern, and Environmental
Quality
a. Section 23.96.030, Policies
10. As part of subdivision or other development review, the
County shall consider the impact of the proposal on the air,
water, scenic and natural resources of the County. Specific
criteria for such review should be developed. Compatibility of
the development with those resources shall be required as
deemed appropriate at the time given the importance of those
resources to the County while considering the public need for
the proposed development.
FINDINGS: The staff report states, and the Hearings Officer agrees, that this plan policy is not
applicable to the applicant's proposed plan amendment because the applicant is not seeking
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approval or a subdivision or other specific development. However, as discussed in the Findings
of Fact above, the subject property is zoned LM and WA, and therefore any new structure
requiring a building permit would be subject to WA and LM review.
C. Oregon Administrative Rules Chapter 660
1. Division 12, Transportation Planning
a. OAR 660-012-0060, Plan and Land Use Regulation Amendments
(1) Where an amendment to a functional plan, an acknowledged
comprehensive plan, or a land use regulations would
significantly affect an existing or planned transportation
facility, the local government shall put in place measures as
provided in section (2) of this rule to assure that allowed land
uses are consistent with the identified function, capacity, and
performance standards (e.g. level of service, volume to capacity
ratio, etc.) of the facility. A plan or land use regulation
amendment significantly affects a transportation facility if it
would:
(a) Change the functional classification of an existing or
planned transportation facility (exclusive of correction
of map errors on an adopted plan);
(b) Change standards implementing a functional
classification system; or
(c) As measured at the end of the planning period
identified in the adopted transportation system plan:
(A) Allow land uses or levels of development that
would result in types or levels of travel or access
that are inconsistent with the functional
classification of an existing or planned
transportation facility;
(B) Reduce the performance of an existing or
planned transportation facility below the
minimum acceptable performance standards
identified in the TSP or comprehensive plan; or
(C) Worsen the performance of an existing or
planned transportation facility that is otherwise
projected to perform below the minimum
acceptable performance standard identified in
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the TSP or comprehensive plan.
FINDINGS: As discussed in the findings above, the applicant submitted a traffic study in
support of his proposed plan amendment and zone change. The traffic study predicts commercial
development of the subject property under the proposed rural commercial designation and zoning
would generate minimal additional traffic that would not change the functional classification of
or standards applicable to affected streets, and would not lower the function of these streets
below the minimum performance standard of LOS D established in the county's TSP. For these
reasons, the Hearings Officer finds the applicant's proposal also will not "significantly affect a
transportation facility," therefore complying with the transportation planning rule (TPR).
2. Division 15, State-Wide Planning Goals and Guidelines
a. OAR 660-015-000, State-Wide Planning Goals and Guidelines No. 1
Through No. 14
b. OAR 660-015-005, State-Wide Planning Goal and Guideline No. 15
C. OAR 660-015-010, State-Wide Planning Goals and Guidelines No. 16
Through 19
FINDINGS:
Goal 1, Citizen Involvement. The Hearings Officer finds this goal requires that a governing body
responsible for adopting a comprehensive plan adopt and publicize a program for citizen
involvement that clearly defines the procedures by which the general public will be involved in the
on-going land use planning process. The county has established an extensive citizen involvement
process to assist it in periodic updates of its plan. Public involvement in the review of this
application will be assured by the fact that the county's code requires that a hearing be held
regarding the plan amendment and zone change by a land use hearings officer and by the Deschutes
County Board of Commissioners (hereafter "board"). Mailed public notice was provided for the
public hearing before the Hearings Officer and will be provided for the public hearing before the
board. As discussed in the Findings of Fact above, the county also provided general public notice of
the public hearing by publication in the Bend "Bulletin," a newspaper of general circulation in
Deschutes County and by posting the subject property with a notice of proposed land use action
sign. For these reasons, I find the applicant's proposed plan amendment is consistent with Goal 1.
Goal 2, Land Use Planning. The Hearings Officer finds this goal requires the county to establish a
planning process and policy framework that will serve as a basis for all decisions and actions related
to the use of land. It also requires that the county assure an adequate factual base for its decisions
and actions. The county complies with this requirement by appointing hearings officers to review all
plan amendment and zone change requests and to prepare detailed findings regarding the
application for review and adoption by the board. I find the goal exception portion of Goal 2 is not
applicable to the subject plan amendment application because no goal exception has been requested
or is required. For these reasons, I find the proposed plan amendment is consistent with Goal 2.
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Goal 3, Agricultural Lands and Goal 4, Forest Lands. The Hearings Officer finds these goals do
not apply to the applicant's proposed plan amendment because the subject property is located within
a rural exception area and is not designated or zoned for agriculture or forest use.
Goal 5, Open Spaces, Scenic and Historic Areas and Natural Resources. The Hearings Officer
finds this goal is not applicable to the applicant's proposed plan amendment because the subject
property does not include any inventoried Goal 5 resources.
Goal 6, Air, Water and Land Resources Quality. The Hearings Officer finds this goal requires
that the county's zoning decisions not degrade air, water and land resources in applicable air sheds
and river basins. I find approval of this zone change will not adversely affect natural resources as
the subject property is already developed. I further find that the applicant's proposed RC plan
designation and zoning may reduce air pollution by reducing vehicle trip lengths through local
commercial development.
Goal 7, Areas Subject to Natural Disasters and Hazards. The Hearings Officer finds this goal is
not applicable to the proposed plan amendment because the subject property is not a known natural
disaster or hazard area.
Goal 8, Recreational Needs. The Hearings Officer finds this goal is not applicable to the proposed
plan amendment because the subject property is not identified or planned for recreational uses or for
a destination resort.
Goal 9, Economic Development. The Hearings Officer finds the proposed plan amendment is
consistent with this goal because it and the related zone change would allow the subject property to
continue in commercial use and to be developed with a small grocery store, thereby stimulating and
supporting economic development.
Goal 10, Housing. The Hearings Officer finds this goal is not applicable to the proposed plan
amendment because the existing dwelling will remain on the subject property, and the proposed RC
plan designation and zoning will reflect the historic commercial use on the property.
Goal 11, Public Facilities and Services. This goal requires the county to plan and develop land in a
timely, orderly and efficient fashion, based upon the availability of public services. As discussed in
the findings below, the Hearings Officer has found all needed public facilities and services are
available to and currently serve the subject property. Therefore, I find the proposed plan amendment
is consistent with this goal.
Goal 12, Transportation. As discussed in the findings above, incorporated by reference herein, the
Hearings Officer has found the proposed plan amendment is consistent with and satisfies the
requirements of the TPR which implements this goal.
Goal 13, Energy. The Hearings Officer finds this goal requires that land uses be developed and
managed so as to maximize the conservation of all forms of energy, based upon sound economic
principles. I find the proposed plan amendment may reduce the number of vehicle trips and trip
lengths because it will allow development of commercial uses serving residents of the surrounding
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area and travelers passing by, thereby helping to conserve fossil fuel energy. For these reasons, I
find the proposed plan amendment is consistent with this goal.
Goal 14, Urbanization. The Hearings Officer finds the proposed plan amendment is consistent
with this goal because the subject property is located a long distance from any urban growth
boundary, and the commercial development it will allow will support the surrounding rural
community only as required by the RC Zone.
Goal 15, Willamette River Greenway. The Hearings Officer finds this goal is not applicable
because the subject property is not located within the Willamette River Greenway.
Goal 16, Estuarine Resources. The Hearings Officer finds this goal is not applicable because the
subject property does not contain an estuary or related wetland.
Goal 17, Coastal Shorelands. The Hearings Officer finds this goal is not applicable because no
property in the Bend urban area has coastal shorelands.
Goal 18, Beaches and Dunes. The Hearings Officer finds this goal is not applicable because the
subject property does not include beaches or dunes as those terms are used in Goal 18.
Goal 19, Ocean Resources. The Hearings Officer finds this goal is not applicable because the
proposed plan amendment and related zone change will not have an impact on ocean resources.
Based on the foregoing findings, the Hearings Officer fmds the applicant's proposed plan
amendment satisfies all applicable plan amendment approval criteria.
ZONE CHANGE APPROVAL CRITERIA
D. Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance
1. Chapter 18.136, Amendments
a. Section 18.136.010, Amendments
DCC Title 18 may be amended as set forth in DCC 18.136. The
procedures for text or legislative map changes shall be as set forth in
DCC 22.12. A request by a property owner for a quasi-judicial map
amendment shall be accomplished by filing an application on forms
provided by the Planning Department and shall be subject to
applicable procedures of DCC Title 22.
FINDINGS: The applicant has requested approval of a zone change from RR-10 to RC and filed
a county land use application on a form provided by the county, therefore satisfying this
criterion.
b. Section 18.136.020, Rezoning Standards
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The applicant for a quasi-judicial rezoning must establish that the
public interest is best served by rezoning the property. Factors to be
demonstrated by the applicant are:
A. That the change conforms with the Comprehensive Plan, and
the change is consistent with the plan's introductory statement
and goals.
FINDINGS: As discussed in the findings above, the Hearings Officer has found the applicant's
proposed plan amendment from Rural Residential Exception Area to Rural Commercial Area
satisfies all applicable comprehensive plan policies. For the same reasons, I also find the
applicant's proposed plan amendment is consistent with the plan's introductory statement and the
goals implemented by the plan policies and the county's land use regulations. For the same
reasons, incorporated by reference herein, I find the applicant's proposed zone change from RR-
10 to RC conforms to the comprehensive plan.
B. That the change in classification for the subject property is
consistent with the purpose and intent of the proposed zone
change classification.
FINDINGS: The purpose of the Rural Commercial Zone is set forth in Section 18.74.010 as
follows:
The purpose of this chapter is to establish standards and review procedures for
development in the Rural Commercial Zone. The Rural Commercial (RC) zone
provisions implement the comprehensive plan policies for rural commercial
development and associated uses outside of unincorporated communities and urban
growth boundaries.
The applicant's burden of proof states, and the Hearings Officer agrees, that this purpose
statement means the RC Zone is intended to provide rural commercial services to serve rural
residential areas and travelers, as well as to provide some opportunity for housing. The proposed
Pine Forest Rural Commercial area would be developed with the existing dwelling and with the
existing small commercial building that has and will continue to house commercial business
serving residents of the surrounding area. As discussed in the findings above concerning the
proposal's compliance with the applicable plan policies, the existing commercial building on the
subject property is smaller than the maximum building size allowed in the RC Zone. For these
reasons, I find the proposed zone change will be consistent with the purpose of the RC Zone to
facilitate rural commercial development with small rural commercial facilities outside of the
boundaries of unincorporated communities and urban growth boundaries.
C. That changing the zoning will presently serve the public
health, safety and welfare considering the following factors:
1. The availability and efficiency of providing necessary
public services and facilities.
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FINDINGS: As discussed in the findings above, incorporated by reference herein, the Hearings
Officer has found the subject property currently is served by all necessary public facilities and
services, and will continue to have such services if designated and zoned for rural commercial
uses. As also discussed above, I have found that traffic generated by commercial uses on the
subject property will not exceed the capacity of affected streets. Therefore, I find the applicant's
proposal satisfies this criterion.
2. The impacts on the surrounding land use will be
consistent with the specific goals and policies contained
within the Comprehensive Plan.
FINDINGS: As discussed above, the subject property currently is occupied by a single-family
dwelling and a 1,776-square-foot commercial building that has been continuously occupied by
commercial uses since 1970. The applicant argues, and the Hearings Officer agrees. That
approval of the proposed zone change from RR-10 to RC will have little or no impact on
surrounding land uses because uses allowed in the RC zone already exist on the subject property.
While approval of the proposed zone change would allow expansion of the commercial building
up to 2,500 square feet, I find such minimal expansion would be consistent with the goals and
policies for rural commercial areas in the plan. Finally, I find inclusion of Tax Lot 200 in the
requested zone change will allow provision of adequate parking and delivery areas for a small
grocery store. For these reasons, I find the proposed zone change satisfies this criterion.
D. That there has been a change in circumstances since the
property was last zoned, or a mistake was made in the zoning
of the property in question.
FINDINGS:
1. Mistake. The applicant argues there was a mistake in the original RR-10 zoning of the subject
property based on the following property history set forth in the applicant's burden of proof:
"Comprehensive Plan History
The proposed commercial lots are all located in an existing exception area that
was approved by the County's first comprehensive plan - the La Pine area rural
residential exception area. All existing rural residential subdivisions in the La
Pine area, including Woodland Park Homesites, were granted goal exceptions.
The goal exception for La Pine area subdivisions recognized the fact that the
subdivision of these properties into small residential lots and their sale committed
them to nonresource use.
Zoning and Goal Exception History
In the early 1960s, prior to the adoption of County zoning laws, the Woodland
Park Homesites subdivision was platted.
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Deschutes County's first zoning ordinance was PL-5. It was, first applied to lands
in the unincorporated areas of Deschutes County by Order of the Board of
County Commissioners. The Order was adopted on November 15, 1972 and
adopted zoning map ZM #1. The Order is recorded in Volume 16, page 228 of the
County Clerk's records. The Order did not contain an emergency clause.
Therefore, the Order was effective 90 days after adoption on or about February
13, 1973.
ZM #1 applied A-1 agricultural zoning to almost all unincorporated areas of the
County. This action was taken to forestall development until appropriate zoning
maps could be prepared and adopted. The zone applied a five-acre minimum lot
size to A-1 properties.
On June 6, 1973, Deschutes County held a public hearing and adopted two
zoning maps for the La Pine area by Order of the Board of Commissioners,
submitted as Exhibit E of this application. The La Pine area zoning maps were
numbered ZM-5 and ZM-6. The maps imposed zoning districts that were then
found in County Zoning Ordinance PL-5. The zoning district applied to the
subject properties was RR-1. This was a rural residential zoning district.
The original ZM-5 and ZM-6 zoning maps, like all other 197211973 zoning maps,
were not signed by the County Board of Commissioners. In 1979, the County
adopted an order to authorize the signature of the ZM-2 - 10 zoning maps `nunc
pro tune' with an effective date of June 6, 1973. A copy of the 1979 Order was
submitted as Exhibit F of this application.
On November 1, 1979, the County adopted PL-15 and its companion zoning map.
That map applied RR-10 zoning to the subject property. This zoning also does not
allow commercial uses but is a zone that required approval of a goal exception to
Goals 3 or 4. Subsequently, Deschutes County adopted zoning maps of rural
exceptions areas to clarify areas approved as rural residential exceptions area.
The current comprehensive plan map shows the plan designation of the subject
property as rural residential, demonstrating that it is a part of the La Pine rural
residential exceptions area." (Bold text in original.)
The staff report states, and the Hearings Officer concurs, that this history demonstrates the
subject property was lawfully developed as a rural commercial area prior to the implementation
of county zoning that prohibited commercial development, and a mistake in zoning the subject
property occurred when the property was first zoned for rural residential use.
2. Change of Circumstances. Because the Hearings Officer has found the original RR-10
zoning of the subject property was a mistake, the applicant is not required to demonstrate the
proposed zone change also is justified by a change of circumstances. Nevertheless, the applicant
argues the following changes of circumstance since the subject property originally was zoned
RR-10 justify the proposed zone change:
• a dramatic increase in population in the surrounding La Pine exception area;
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• a concurrent increase in demand for limited commercial services in a location close to
rural residences;
• a significant increase in traffic on Burgess Road due to area growth; and
• reclassification of Burgess Road from a rural collector street to a rural arterial street and
improvements to the street to address area growth.
The Hearings Officer concurs with the applicant that these changes also justify the proposed
zone change from RR-10 to RC to facilitate development and use of the subject property for
commercial uses to serve the growing population in the surrounding area and travelers on
Burgess Road.
For the foregoing reasons, the Hearings Officer finds the applicant's proposed zone change
satisfies all applicable zone change approval criteria.
IV. DECISION:
Based on the foregoing Findings of Fact and Conclusions of Law, the Hearings Officer hereby
recommends that the Deschutes County Board of Commissioners:
• APPROVE the applicant's proposed plan amendment from Rural Residential Exception
Area to Rural Commercial Area;
• APPROVE the applicant's proposed zone change from Rural Residential (RR-10) to
Rural Commercial (RC); and
• APPROVE the following amendments to the text of Title 23 of the Deschutes County
Code, the Deschutes County Comprehensive Plan (new text in bold type; deleted text in
stfiledffeugh):
1. Amend Chapter 23.40, UNINCORPORATED COMMUNITIES, by amending the part of
the index found at the beginning of the section that references DCC 23.40.060 and the
heading of DCC 23.40.060 to read as follows:
"Section 23.40.060, Rural Commercial _ Deschutes Junction, Deschutes River Woods
Store, Pine Forest, Rosland and Spring River."
2. Amend Section 23.40.010, Unincorporated Communities, by adding the following new
paragraph after the second paragraph of the section:
"The Pine Forest Rural Commercial area was zoned Rural Commercial in 2007
because it was recognized as a small rural center that was committed to rural
commercial development in 1970, prior to the adoption of statewide zoning rules by
Deschutes County and the application of rural residential zoning to the subject
property. This zoning failed to recognize the commercial nature of this property.
Mowry
PA-06-3/ZC-06-2
Page 20 of 25
The small size and rural nature of the development in the Pine Forest Rural
Commercial area makes it appropriate to apply an RC designation."
3. Amend the second paragraph of Section 23.40.060, Rural Commercial - Deschutes
Junction, Deschutes River Woods Store, Pine Forest, Rosland and Spring River to read
as follows:
"The County has also applied the new Rural Commercial plan designation to the Pine
Forest and Rosland commercial centers which halve historically been committed to
commercial type uses and halve served the area as such since prior to adoption of
zoning regulations. No new exceptions are required as the subject properties are in an
acknowledged exception area."
4. Amend Subsection 2 of Section 23.40.060, Rural Commercial - Deschutes Junction,
Deschutes River Woods Store, Pine Forest, Rosland and Spring River to read as follows:
"2. Post-Acknowledgment Plan Amendments
The owner of the Rosland commercial center sought approval of a post-acknowledgment
plan amendment in 2002. The amendment was sought to confirm her right to continue to
operate the commercial center as it has been operated since 1973. The center was
recognized because it is small and rural in character and would qualify for a goal exception
as the land is physically developed with rural commercial uses.
The owners of the Pine Forest commercial center sought approval of a post-
acknowledgment plan amendment in 2006. The amendment was sought to confirm
their right to continue to operate the commercial center as it has been operated since
1970. The center was recognized because it is small and rural in character and would
qualify for a goal exception as the land is physically developed with a rural
commercial use and is needed for infrastructure to support the existing commercial
use."
5. Amend Subsection 3 of Section 23.40.060, Rural Commercial - Deschutes Junction,
Deschutes River Woods Store, Pine Forest, Rosland and Spring River to read as follows:
"3. Rural Commercial
The Deschutes Junction Rural Commercial boundary includes 1.77 acres, bounded by
Tumalo Road on the South, Highway on the East, with the remainder surrounded by
agricultural lands (EFU).
The Deschutes River Woods Store Rural Commercial boundary includes 4.99 acres
bounded by Baker Road on the North, Highway 97 on the East, railroad tracks and
Cheyenne Road on the West and Morningstar Christian School on the South. The
surrounding land is zoned Rural Residential (RR-10). The Deschutes River Woods
residential subdivision is adjacent to this property.
Mowry
PA-06-3/ZC-06-2
Page 21 of 25
The Pine Forest Rural Commercial boundary includes approximately 2.0 acres
bounded by Pine Forest Drive and Burgess Road. The remainder is surrounded by
exceptions land zoned RR-10.
The Rosland Rural Commercial boundary includes approximately 4.5 acres near the
intersection of Burgess and River Pine Roads. The remainder is surrounded by exceptions
land zoned RR-10.
The Spring River Rural Commercial boundary includes 9.16 acres bounded by Spring
River Road on the North, Lunar Drive on the East and additional commercial and
residential uses on the South and West. The surrounding land is zoned Rural Residential
(RR-10)."
6. Amend Paragraph B of Section 23.40.060, Rural Commercial - Deschutes Junction,
Deschutes River Woods Store, Pine Forest, Rosland and Spring River to read as follows:
"B. Land Use Planning
1. Existing Land Uses
The existing land uses in all of the Rural Commercial areas are primarily
commercial with a few residences existing in conjunction with businesses.
The surrounding zoning is agricultural, forest, and Rural Residential.
The Deschutes County Comprehensive Plan designates Deschutes Junction,
Deschutes River Woods Store, Pine Forest, Rosland and Spring River as
Rural Commercial."
7. Amend Paragraph C of Section 23.40.060, Rural Commercial - Deschutes Junction,
Deschutes River Woods Store, Pine Forest, Rosland and Spring River to read as follows:
"C. Policies
1. Land use regulations shall ensure that the uses allowed are less intensive
than those allowed for in unincorporated communities in OAR 660,
Division 22 or any successor.
2. Rural Commercial zoning shall be applied to Deschutes Junction, Deschutes
River Woods Store, Pine Forest, Rosland and Spring River.
3. In Spring River, there shall be a Limited Use Combining zone.
4. County Comprehensive Plan policies and land use regulations shall ensure
that new uses authorized within the Deschutes Junction, Deschutes River
Woods Store, Pine Forest, Rosland and Spring River areas do not adversely
affect agricultural and forest uses in the surrounding areas.
Mowry
PA-06-3/ZC-06-2
Page 22 of 25
5. Zoning in the area shall ensure that the uses allowed are rural as required by
Goal 14, Urbanization, and less intensive than those allowed for
unincorporated communities as defined in OAR 660-022. New commercial
uses shall be limited to those that are intended to serve the surrounding rural
area or the travel needs of people passing through the area.
6. New commercial uses shall be limited in size to 2500 square feet, or 3500
square feet, if for an agricultural or forest-related use.
7. A lawful use existing on or before November 5, 2002, not otherwise
allowed in a Rural Commercial zone, may continue to exist subject to the
county's nonconforming use regulations.
8. An existing lawful use may expand up to 25 percent of the total floor area
existing on November 5, 2002.
9. The Rural Commercial zoning regulations shall allow a mixed use of
residential or rural commercial uses.
10. Residential and commercial uses shall be served by DEQ approved on-site
sewage disposal systems.
11. Residential and commercial uses shall be served by on site wells or public
water systems.
12. Community sewer systems, motels, hotels and industrial uses shall not be
allowed.
13. Recreational vehicle or trailer parks and other uses catering to travelers shall
be permitted."
8. Amend Section 23.40.070, Rural Industrial, to include a map that shows the boundaries
of the Pine Forest Rural Commercial zoning district and that designates the area "Rural
Commercial" as shown in the map included in the record as Exhibit I to the applicant's
burden of proof.
AND
• APPROVE the following amendments to text of Title 18 of the Deschutes County Code,
the Deschutes County Zoning Ordinance (new text in bold type; deleted text in
st-filethfeugh):
9. Amend Chapter 18.74 of the by revising the chapter index as follows:
"Section 18.74.010, Purpose.
Mowry
PA-06-3/ZC-06-2
Page 23 of 25
Section 18.74.020, Uses permitted - Deschutes Junction and Deschutes River Woods
Store.
Section 18.74.025, Uses permitted - Spring River.
Section 18.74.027, Uses permitted - Rosland and Pine Forest.
Section 18.74.030, Development Standards."
10. Amend Chapter 18.74 to add the following section:
" Section 18.74.027, Uses allowed in Pine Forest and Rosland Rural Commercial
Zones.
A. Uses Permitted Outright. Any use listed as a use permitted outright by DCC
18.74.020(A).
B. Uses Permitted subject to Site Plan Review. The following uses and their accessory
uses are permitted subject to the applicable provisions of this chapter and DCC
18.116 and 18.124:
1. A building or buildings each not exceeding 2,500 square feet of floor space
to be used by any combination of the following uses that serve the
surrounding rural area or the travel needs of persons passing through the
area:
a. Eating and drinking establishments.
b. Retail store, office and service establishments.
2. Expansion of a nonconforming use existing as of 11/05/2002 shall be
limited to 2,500 square feet or 25 percent of the size of the building (or
portion of the building) housing the nonconforming use as of said date,
whichever is greater.
3. A building or buildings each not exceeding 3,500 square feet of floor space
to be used by any combination of the following uses:
a. Sales of agricultural or farm products.
b. Farm machinery sales and repair.
C. Kennel or veterinary clinic.
d. Automobile service station, repair garage, towing service, fuel
storage and fuel sales.
Mowry
PA-06-3/ZC-06-2
Page 24 of 25
e. Public or semi-public use.
f. Residential use in the same building as a use permitted in this
chapter.
g. Park or playground.
4. Expansion of a nonconforming use existing as of 11/05/2002 shall be
limited to 3,500 square feet each or 25 percent of the size of the building (or
portion of the building) housing the nonconforming use as of said date,
whichever is greater.
C. Conditional Uses. The following uses and their accessory uses are permitted subject
to the applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128:
1. A building or buildings each not exceeding 3,500 square feet of floor space
to be used by any of the following uses:
a. Home occupation as defined in DCC 18.04.
b. Utility facility.
C. Wireless telecommunications facilities, except those facilities
meeting the requirements of DCC 18.116.250(A) or (B).
d. Child care center.
e. Church.
f. School.
2. Recreational vehicle park."
11. Amend Section 18.74.050 to add a map of the subject property, similar to the map
submitted as Exhibit "I" to the applicant's burden of proof, to the maps included in Section
18.74.050 to show the area to be zoned RC, Rural Commercial.
Dated this day of December, 2006.
Mailed this day of December, 2006.
Karen H. Green, Hearings Officer
Mowry
PA-06-3/ZC-06-2
Page 25 of 25
EXHIBIT "A"
Chapter 18.74. Rural Commercial Zone
18.74.010.
Purpose.
18.74.020.
Uses permitted - Deschutes Junction
and Deschutes River Woods Store.
18.74.025.
Uses permitted - Spring River.
18.74.027.
Uses permitted - Pine Forest and
Rosland.
18.74.030.
Development standards.
18.74.010. Purpose.
The purpose of this chapter is to establish standards
and review procedures for development in the Rural
Commercial Zone. The Rural Commercial (RC)
zone provisions implement the comprehensive plan
policies for rural commercial development and
associated uses outside of unincorporated
communities and urban growth boundaries.
(Ord. 2003-080 § 1, 2003, Ord. 2002-019 § 2, 2002)
18.74.020. Uses permitted.
A. Uses Permitted Outright. The following uses
and their accessory uses are permitted outright
and do not require site plan review:
1. Single-family dwelling.
2. Manufactured home subject to DCC
18.116.070.
3. Two-family dwelling.
4. Type 1 Home Occupation, subject to DCC
18.116.280.
5. Agricultural uses.
6. Class I and H road or street project subject
to approval as part of a land partition or
subdivision, or subject to the standards and
criteria established in DCC 18.116.230.
7. Class III road or street project.
8. A lawfully established use existing as of
11/05/02, the date this chapter was adopted,
not otherwise permitted by this chapter.
B. Uses Permitted Subject to Site Plan Review.
The following uses and their accessory uses are
permitted subject to the applicable provisions of
this chapter and DCC 18.116 and 18.128:
1. A building or buildings not exceeding 2,500
square feet of floor space to be used by any
combination of the following uses.
a. Restaurant, cafe or delicatessen.
b. Grocery store.
c. Tavern.
d. Retail sporting goods and guide
services.
e. Barber and beauty shop.
f. General store.
g. Video store.
h. Antique, art, craft, novelty and second
hand sales if conducted completely
within an enclosed building.
2. Expansion of a nonconforming use listed
under section B(1)(a-h), existing as of
11/05/2002, the date this chapter was
adopted, shall be limited to 2,500 square
feet or 25 percent of the size of the building
as of said date, whichever is greater.
3. A building or buildings not exceeding 3,500
square feet of floor space to be used by any
combination of the following uses.
a. Retail sales of agricultural or farm
products.
b. Farm machinery sales and repair.
c. Kennel.
d. Veterinary clinic.
e. Automobile service station and repair
garage, towing service, fuel storage and
sales.
f. Public or semi-public use.
g. Residential use in the same building as
a use permitted by this chapter.
h. Park or playground.
4. Expansion of a nonconforming use listed
under section B(3)(a-h), existing as of
11/05/2002, the date this chapter was
adopted, shall be limited to 3,500 square
feet or 25 percent of the size of the building
as of said date, whichever is greater.
C. Conditional Uses. The following uses and their
accessory uses are permitted subject to the
applicable provisions of this chapter and DCC
18.116, 18.124 and 18.128:
1. A building or buildings not exceeding 3,500
square feet of floor space to be used by any
combination of the following uses.
a. Type 2 or Type 3 Home Occupation,
subject to DCC 18.116.280.
b. Utility facility.
c. Wireless telecommunications facilities,
except those facilities meeting the
requirements of DCC 18.116.250(A) or
(B).
PAGE 1 OF 5 - EXHIBIT "A" TO ORDINANCE 2007-007 (01/22/2007)
EXHIBIT "A"
d. Child care center.
e. Church.
f. School.
2. Recreational vehicle park
(Ord. 2004-002 § 20, 2004; Ord. 2002-019 § 2,
2002)
18.74.025. Uses allowed in Spring River Rural
Commercial/Limited Use B
Combining Zone.
A. Uses Permitted subject to Site Plan Review.
The following uses and their accessory uses are
permitted subject to the applicable provisions of
this chapter and DCC 18.116 and18.124:
1. A building or buildings not exceeding 2,500
square feet of floor space to be used by any
combination of the following uses:
a. Fishing supplies and equipment.
b. Snowmobiling accessories.
c. Marine accessories.
d. General store.
e. Hardware store.
f. Convenience store with gas pumps.
g. Fast food restaurant, cafe, or coffee
shop.
h. Recreational rental equipment store.
i. Excavation business.
j. Landscaping business/service.
k. Health care service.
1. Beauty shop.
m. Video store.
o. Post office.
p. Party supply.
q. Equipment sales and rental.
r. Appliance store.
s. Bank.
t. Exterminator.
u. Private mailing and packaging store.
v. Bakery.
2. Expansion of a nonconforming use listed in
section A(1)(a-v), existing as of 11/05/02,
the date this chapter was adopted, shall be
limited to 2,500 square feet or 25 percent of
the size of the building as of said date,
whichever is greater.
3. A building or buildings not exceeding 3,500
square feet of floor space to be used by any
combination of the following uses:
a Yet and livestock supply.
b. Farm machinery sales and repair.
4. Expansion of a nonconforming use listed in
section A(3)(a-b), existing as of 11/05/02,
the date this chapter was adopted, shall be
limited to 3,500 square feet of floor space
or 25 percent of the size of the building as
of said date, whichever is greater.
Conditional Uses. The following uses and their
accessory uses are permitted subject to the
applicable provisions of this chapter and DCC
18.116, 18.124 and 18.128:
1. A building or buildings not exceeding 2,500
square feet of floor space to be used by any
combination of the following uses:
a. Full service gas station with automobile
repair services.
b. Welding shop.
c. Mini-storage units
2. Expansion of a nonconforming use listed in
section B(1)(a-c), existing as of 11/05/02,
the date this chapter was adopted, shall be
limited to 2,500 square feet or 25 percent of
the size of the building as of said date,
whichever is greater.
C. Definitions. For the purposes of DCC
18.64.120, the following definitions shall apply:
1. Landscaping business/service: Includes
designing landscapes, site grading and
preparation, placing boulders, planting trees
and shrubbery, installing sod, installing
irrigation systems and equipment, installing
fencing, and landscape maintenance, but
does not include on-site cultivation of
plants or plant materials or any on-site retail
sales.
2. Health care service: A business providing
the diagnosis, treatment and care of
physical and/or mental disease, injury
and/or disability, but not including a
hospital facility or a nursing home as
defined in DCC 18.04.
3. Beauty Shop: A full service beauty salon
which would include haircuts, permanents,
washes, nails, etc., and the retail sales of
incidental beauty supplies typical of any
beauty salon.
PAGE 2 OF 5 - EXHIBIT "A" TO ORDINANCE 2007-007 (01/22/2007)
EXHIBIT "A"
4. Mini-storage units: Self service mini-
storage units of various sizes from 5' x 10'
up to 12' x 24'.
5. Video store: The sale and rental of
videotapes, compact disc movies and audio
books.
6. Laundry and dry cleaners: Dry cleaners,
shirt laundry and laundromat with self-
service washers and dryers along with the
sale of detergents, bleaches, etc.
7. Post office: United States Postal Service
office including mail pick-up and
distribution.
8. Party supply: The sale and rental of party
supplies such as balloons, streamers,
costumes, dishes, linens and silverware.
9. Equipment sales and rental: The rental of
construction, home repair and maintenance
equipment such as ladders, mowers, saws,
gardening supplies, etc., and the sales of
related equipment.
10. Appliance store: The sale and service of
household appliances such as televisions,
ranges, refrigerators, etc.
11. Bank: Full service consumer bank for
checking, savings, loans, safety deposit
boxes, etc.
12. Exterminator: Exterminator of insects and
other pests such as rodents, spiders, etc.
13. Private mailing and packaging store:
Private mail boxes and packaging services,
which would include the holding and
distribution of mail, packing, mailing
supplies, FEDEX and UPS pick-up, and
FAX and copy machine availability.
14. Bakery: The manufacture and sale of
bread, donuts and pastries.
15. Pet and livestock supplies: The sale of pet
supplies such as dog and cat food, collars,
grooming needs, shelters and some large
animal supplies such as hay, feeds and
grains.
(Ord. 2006-008 § 7, 2006; Ord. 2002-019 § 2, 2002; C
Ord. 97-015 § 1, 1997; Ord. 96-046 § 1, 1996; Ord.
96-023 § 1, 1996)
A. Uses Permitted Outright. Any use listed as a
use permitted outright by DCC 18.74.020(A).
B. Uses Permitted subject to Site Plan Review.
The following uses and their accessory uses are
permitted subject to the applicable provisions of
this chapter and DCC 18.116 and 18.124:
1. A building or buildings each not exceeding
2,500 square feet of floor space to be used
by any combination of the following uses
that serve the surrounding rural area or the
travel needs of persons passing through the
area:
a. Eating and drinking establishments.
b. Retail store, office and service
establishments.
2. Expansion of a nonconforming use existing
as of 11/05/2002 shall be limited to 2,500
square feet or 25 percent of the size of the
building (or portion of the building)
housing the nonconforming use as of said
date, whichever is greater.
3. A building or buildings each not exceeding
3,500 square feet of floor space to be used
by any combination of the following uses:
a. Sales of agricultural or farm products.
b. Farm machinery sales and repair.
c. Kennel or veterinary clinic.
d. Automobile service station, repair
garage, towing service, fuel storage and
fuel sales.
e. Public or semi-public use.
f. Residential use in the same building as
a use permitted in this chapter.
g. Park or playground.
4. Expansion of a nonconforming use existing
as of 11/05/2002 shall be limited to 3,500
square feet each or 25 percent of the size of
the building (or portion of the building)
housing the nonconforming use as of said
date, whichever is greater.
Section 18.74.027. Uses allowed in Pine Forest
and Rosland Rural Commercial Zones.
Conditional Uses. The following uses and their
accessory uses are permitted subject to the
applicable provisions of this chapter and DCC
18.116, 18.124 and 18.128:
1. A building or buildings each not exceeding
3,500 square feet of floor space to be used
by any of the following uses:
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EXHIBIT "A"
a. Home occupation as defined in DCC
18.04.
b. Utility facility.
c. Wireless telecommunications facilities,
except those facilities meeting the
requirements of DCC 18.116.250(A) or
(B).
d. Child care center.
e. Church.
f. School.
2. Recreational vehicle park.
(Ord. 2003-080, § 1, 2003)
18.74.030. Development standards.
A. Yard Standards.
1. Front Yard. The front yard shall be 20 feet
for a property fronting on a local road right-
of-way, 30 feet for a property fronting on a
collector right-of-way and 80 feet for a
property fronting on an arterial right-of-
way.
2. Side Yard. A side yard shall be a minimum
of 10 feet, except a lot or parcel with a side
yard adjacent to land zoned exclusive farm
use or forest use shall have a minimum side
yard of 50 feet.
3. Rear Yard. The minimum rear yard shall be
20 feet, except a lot or parcel with a rear
yard adjacent to land zoned exclusive farm
use or forest use shall have a minimum side
yard of 50 feet.
B. Existing Residential and Commercial Lots.
On-site sewage disposal. For existing lots or
parcels, an applicant shall demonstrate that the
lot or parcel can meet DEQ on-site sewage
disposal rules prior to approval of a site plan or
conditional use permit.
C. New Lot Requirements
1. Residential Uses.
a. The minimum lot size is one (1) acre.
b. On-site sewage disposal. For new lots
or parcels, an applicant shall
demonstrate that the lot or parcel can
meet DEQ on-site sewage disposal
rules prior to final approval of a
subdivision or partition.
c. Lot coverage for a dwelling and
accessory buildings used primarily for
residential purposes shall not exceed
twenty-five (25) percent of the total lot
area. Lot coverage for buildings used
primarily for commercial purposes shall
be determined by spatial requirements
for sewage disposal, landscaping,
parking, yard setbacks and any other
elements under site plan review.
2. Commercial and Public Uses.
a. The minimum lot size for a commercial
use served by an on-site septic system
and individual well or community
water system shall be the size necessary
to accommodate the use.
b. Each lot shall have a minimum width of
150 feet.
c. On-site sewage disposal. For new lots
or parcels, an applicant shall
demonstrate that the lot or parcel can
meet DEQ on-site sewage disposal
rules prior to final approval of a
subdivision or partition.
D. Solar Setback. The setback from the north lot
line shall meet the solar setback requirements in
DCC 18.116.180.
E. Building Code Setbacks. In addition t:o the
setbacks set forth herein, any greater setbacks
required by the applicable building or structural
codes adopted by the State of Oregon and/or the
County under DCC 15.04 shall be met.
F. Lot Coverage. Except where otherwise noted,
the primary and accessory buildings located on
any lot or parcel shall not cover more than 30
percent of the total lot or parcel.
G. Building Height. No building or structure; shall
be erected or enlarged to exceed thirty (30) feet
in height, except as allowed under DCC
18.120.040.
H. Off-Street Parking and Loading. Off-street
parking and loading shall be provided subject to
the provisions of DCC 18.116, Supplementary
Provisions.
I. Outdoor Lighting. All outdoor lighting on site
shall be installed in conformance with DCC
15. 10, Outdoor Lighting Control.
PAGE 4 OF 5 - EXHIBIT "A" TO ORDINANCE 2007-007 (01/22/2007)
i ~
EXHIBIT "A"
J. Signs. All signs shall be constructed in
accordance with DCC 15.08, Signs.
(Ord. 2006-008 § 7, 2006; Ord. 2003-080§ 1, 2003,
Ord. 2002-019 § 2, 2002)
18.74.050. Maps.
(Ord. 2002-019 § 2, 2002)
(Ord. 2003-080 § 1, 2003)
(Ord. 2007-007A 1.2007)
PAGE 5 OF 5 - EXHIBIT "A" TO ORDINANCE 2007-007 (01/22/2007)