2008-511-Ordinance No. 2008-014 Recorded 4/2/2008COUNTY
NANCYUBLANKENSHIP,F000NTY CLERKDS 1+J 2008'~~~
COMMISSIONERS' JOURNAL
1,.1101 04/02/2008 08:11:09 AM
2008-sit
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 19, of the Deschutes
County Code to Include Farm Stands as a Permitted * ORDINANCE NO. 2008-014
and Conditional Use in the Urban Area Reserve
(UAR-10) Zone and Declaring an Emergency
WHEREAS, Christen Brown filed an application for a text amendment to Title 19 to include provisions
to allow farm stands as a permitted and a conditional use within the Urban Area Reserve (UAR-10); and
WHEREAS the Planning Commission considered this matter after a public hearing on February 28,
2008 and forwarded changes to the zoning regulations for farm stands in the UAR-10 zone to the Board of
County Commissioners (Board); and
WHEREAS the Board considered this matter after a public hearing on March 24, 2008 and concluded
that the public will benefit from changes to Title 19 to include farm stand provisions as a permitted and
conditional use in the UAR-10 zone; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 19.12, Permitted Uses and Conditional Use, 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 strip.
Section 2. AMENDMENT. DCC 19.88.290, Farm Stands, 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 st-r4kethfaugh
Section 3. AMENDMENT. DCC 19.100.090, Farm Stands, is amended to read as described in
Exhibit "C," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in strip
Section 4. FINDINGS. The Board adopts as it findings in support of this amendment Exhibit "D", and
incorporated by reference herein.
PAGE 1 OF 2 - ORDINANCE NO. 2008-014 (3/31/08)
Section 5. 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.
I I--
Dated this of 2008 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
D/ENN~IS R. LUKE, CHAIR
TAMMY MELTON, VICE CHAIR
ATTEST:
U-L
Recording Secretary C E . DAL , r ISSIONER
Date of 1St Reading: day of )IJ611 , 2008.
Date of 2°d Reading: Y~day of 2008.
4-A cy:~" Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke tj
Tammy Melton
Michael M. Daly v
Effective date: ~ day of
)~4L CA 2007.
ATTEST:
T-1
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2008-014 (3/31/08)
Chapter 19.12. URBAN AREA RESERVE ZONE UAR-10
19.12.010.
Purpose.
19.12.020.
Permitted Uses.
19.12.030.
Conditional Uses.
19.12.040.
Height Regulations.
19.12.050.
Lot Requirements.
19.12.060.
Off-Street Parking.
19.12.070.
Other Required Conditions.
19.12.010. Purpose.
To serve as a holding category and to provide opportunity for tax differentials as urban growth takes place
elsewhere in the planning area, and to be preserved as long as possible as useful open space until needed for
orderly growth.
(Ord. 90-038 §1, 1990)
19.12.020. Permitted Uses.
The following uses are permitted:
A. Farm uses as defined in DCC Title 19.
B. Single-family dwelling.
C. Home occupation subject to DCC 19.88.140.
D. Other accessory uses and accessory buildings and structures customarily appurtenant to a permitted use
subject to DCC 19.92.020.
E. Day care center facilities subject to site review, DCC 19.76 and DCC 19.88.160.
F. Farm stands subject to DCC 19.76 and DCC 19.88.290.
(Ord. 2008-14, §3, 2008, Ord. 91-001 §2, 1991, Ord. 88-042 §4, 1988)
19.12.030. Conditional Uses.
The following conditional uses may be permitted subject to a conditional use permit and the provisions of
DCC 19.76 and 19.100.
A. Dude or guest ranch.
B. Commercial riding stable subject to DCC 19.88.020.
C. Livestock sales yard.
D. Commercial livestock feeding yard.
E. Mining, quarrying or other extraction, processing or refining of ore of other natural resource material
subject to DCC 19.88.100.
F. Cemeteries and mausoleums, crematories, columbariums and mortuaries within cemeteries provided
that no mortuary or crematorium is within 100 feet of a boundary street, or where no street borders the
cemetery within 200 feet of a lot in a residential zone and subject to DCC 19.88.030.
G. Churches.
H. Community buildings, lodge and fraternal organizations, except those carried on as a business for profit.
1. Public, parochial and private schools, but not including business, dancing, trade, technical or similar
schools.
J. Parks and recreation facilities, fire stations, libraries, museums, but not including storage or repair yards,
warehouses or similar uses.
K. Recreation facility, public or private, but not including such intensive commercial recreation uses as a
race track or amusement park.
PAGE 1 OF 2 - EXHIBIT "A" TO ORDINANCE 2008-014 (03/31/2008)
L. Utility substations or pumping stations with no equipment storage and sewage treatment facilities
subject to DCC 19.88.120.
M. Kennel or animal hospital subject to DCC 19.88.020.
N. Planned unit development subject to DCC 19.104.
0. Destination resort, where mapped in the Bend Area General Plan destination resort map, subject to DCC
19.106.
P. A plant nursery subject to DCC 19.88.180.
Q. Time share unit or the creation thereof, subject to DCC 19.88.230.
R. Hydroelectric facility subject to DCC 19.88.190.
S. Farm stands other than those permitted pursuant to DCC 19.12.020, subject to DCC 19.76 and DCC
19.100.090.
(Ord. 2008-14, §3, 2008, Ord. 99-001, §3, 1999; Ord. 91-001, §3, 1991; Ord. 88-042 §5, 1988; Ord. 86-017
§3, 1986; Ord. 83-045 §2, 1983; Ord. 81-006 §1, 1981; Ord. 80-217 §1, 1980)
19.12.040. Height Regulations.
No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 30 feet in
height.
(Ord. 90-038 §1, 1990)
19.12.050. Lot Requirements.
The following requirements shall be observed:
A. Lot Area. Each lot shall have a minimum area of 10 acres.
B. Lot Width. Each lot shall have a minimum average width of 300 feet with a minimum street frontage of
150 feet.
C. Front Yard. The front yard shall be a minimum of 50 feet from the existing street right-of-way line or
the ultimate street right of way as adopted on the Comprehensive Plan or Official Map, except that any
lot of record less than one acre in size lawfully created prior to (effect date of this title) shall have a
minimum front yard of 30 feet.
D. Side Yard. There shall be a minimum side yard of 10 feet.
E. Rear Yard. There shall be a minimum rear yard of 50 feet.
F. Solar Setback. The solar setback shall be as prescribed in DCC 19.88.210.
(Ord. 83-041 §5, 1983)
19.12.060. Off-street Parking.
Off-street parking shall be provided as required in DCC 19.80.
(Ord. 90-038 §1, 1990)
19.12.070. Other Required Conditions.
See DCC 19.88 applying to special uses where applicable.
(Ord. 90-038 § 1, 1990)
PAGE 2 OF 2 - EXHIBIT "A" TO ORDINANCE 2008-014 (03/31/2008)
Chapter 19.100. CONDITIONAL USE PERMITS
19.100.010. Purpose.
19.100.020. Decision Authority.
19.100.030. General Conditional Use Criteria.
19.100.040.
Application.
19.100.050.
Review of Application.
19.100.060.
Action on an Application.
19.100.070.
Special Requirements.
19.100.080.
Hydroelectric Facilities.
19.100.090.
Farm Stands.
19.100.010. Purpose.
In certain zones, conditional uses may be permitted subject to the granting of a conditional use permit.
Because of their unusual characteristics or the special characteristics of the area in which they are to be
located, conditional uses require special consideration so that they may be properly located with respect to
the objectives of DCC Title 19 and the effect of the conditional use on surrounding properties.
(Ord. 90-038 §1, 1990)
19.100.020. Decision Authority.
The Planning Director or Hearings Body shall have the authority to approve, approve with conditions,
disapprove or revoke conditional use permits subject to the provisions of DCC 19.100.020.
(Ord. 90-038 § 1, 1990)
19.100.030. General Conditional Use Criteria.
A conditional use permit may be granted only upon findings by the Planning Director or Hearings Body that
the proposal meets all of the criteria in DCC 19.100.030, as well as all other applicable criteria contained in
DCC Title 19. The general criteria are:
A. That the location, size, design and operating characteristics of the proposed use are such that it will have
minimal adverse impact on the property value, livability and permissible development of the
surrounding area. Consideration shall be given to compatibility in terms of scale, coverage and density
with the alteration of traffic patterns and the capacity of surrounding streets and to any other relevant
impact of the proposed use.
B. That the site planning of the proposed use will, as far as reasonably possible, provide an aesthetically
pleasing and functional environment to the highest degree consistent with the nature of the use and the
given setting.
C. That if the use is permitted outright in another zone, there is substantial reason for locating the use in an
area where it is only conditionally allowed, as opposed to an area where it is permitted outright.
D. That the proposed use will be consistent with the purposes of DCC Title 19, the Comprehensive Plan,
Statewide Goals and any other applicable statutes, ordinances or policies.
(Ord. 90-038 § 1, 1990)
19.100.040. Application.
A request for a conditional use may be initiated by a property owner or his agent, authorized in writing, by
filing an application with the Planning Director. The application shall be accompanied by a site plan, drawn
to scale, showing the dimensions and arrangement of the proposed development. The Planning Director or
Hearings Body may request other drawings or material essential to an understanding of the proposed use
and its relationship to the surrounding properties.
(Ord. 95-050 §8, 1995; Ord. 90-038 §1, 1990)
PAGE 1 OF 4 - EXHIBIT "C" TO ORDINANCE 2008-014 (03/31/2008)
19.100.050. Review of Application.
Before a conditional use is permitted, the conditional use shall be reviewed as a land use permit consistent
with the procedures established by the County land use procedures ordinance.
(Ord. 90-038 §l, 1990)
19.100.060. Action on an Application.
The Planning Director or Hearings Body may approve, approve with conditions or disapprove the
application for a conditional use permit subject to the land use procedures ordinance. In permitting a
conditional use, the Planning Director or Hearings Body may impose, in addition to regulations and
standards expressly specified in DCC Title 19, other conditions found necessary to protect the best interests
of the surrounding property or neighborhood or the urban area as a whole. Any future enlargement or
alteration of the use shall be reviewed by the County and new conditions may be imposed.
A. In order to grant any conditional use, the Planning Director or Hearings Body must find that the
establishment, maintenance or operation of the use applied for will not, under the circumstances of the
particular case, be detrimental to the health, safety or general welfare of persons residing or working in
the neighborhood of such proposed uses, or be detrimental or injurious to the property and
improvements in the neighborhood or to the general welfare of the urban area.
B. Duration of permits issued under DCC 19.100 shall be asset forth in DCC 22.36.
(Ord. 95-018 §6,1995; Ord. 90-038 §1, 1990)
19.100.070. Special Requirements.
The request for a building to exceed 45 feet in height shall be considered in light of the Fire Department's
fire fighting apparatus and the location of that apparatus. The community should have adequate apparatus
before taller structures are allowed.
(Ord. 88-042 §40,1988)
19.100.080. Hydroelectric Facilities.
A. In addition to the general conditional use permit criteria set forth in DCC 19.100.080(A)(6)(c), the
criteria set forth below shall apply to any construction or expansion of, or other modification to,
hydroelectric facilities in zones where such facilities are permitted as a conditional use. A conditional
use permit may be granted for the construction or expansion of, or other modification to, a hydroelectric
facility only upon findings by the Hearings Body that the proposal meets each of the following criteria,
where applicable:
1. The facility is located at and physically connected to an existing man-made diversion or
impoundment.
2. The facility will not increase the maximum surface area or capacity of the impoundment created by
the existing dam or diversion to which the facility will be connected.
3. The facility will maintain or enhance, to the greatest extent possible, the existing scenic visual,
environmental and aesthetic qualities of the affected stretch of the river.
4. The facility will maintain or enhance the existing recreational opportunities on or adjacent to the
affected stretch of the river.
5. The facility will maintain or enhance existing fish and wildlife habitat, and will have no adverse
impact upon any threatened or endangered fish, wildlife or plant species or their habitat.
6. The facility and its operation will maintain or enhance existing water quality in the affected stretch
of the river, except during construction of the facility when adverse impacts on water quality will be
minimized. Specifically, the facility and its operation will not:
a. Deposit, or create a zone for the deposit of, sediments in the river at or adjacent to the site;
b. Increase the temperature of the river in the affected stretch by any means, including but not
limited to removal of vegetation or reduction in stream flow; or
c. Create the potential for, or result in spillage, leakage or discharge of oil, chemicals or other
substances or waste products which could reach the river.
PAGE 2 OF 4 - EXHIBIT "C" TO ORDINANCE 2008-014 (03/31/2008)
7. The facility and its operation will not increase soil or bank erosion or destroy bank habitat at or on
land adjacent to the site, except during construction of the facility during which time soil or bank
erosion and destruction of bank habitat will be minimized.
8. The facility and its operation will maintain existing public access to the affected stretch of the river.
9. The facility will not be located at or immediately adjacent to any identified archaeological or
historical site, national or state park, wildlife refuge, Bureau of Land Management Outstanding
Natural Area or Area of Critical Environmental Concern, Federal Research Natural Area or U.S.
Forest Service Special Interest Area.
10. The facility and its operation will comply with all applicable noise, water quality and pollution
regulations of the Oregon Department of Environmental Quality.
11. The facility and its operation will comply with all applicable state and local fill-and-removal
statutes and regulations.
B. The applicant for a conditional use permit for a hydroelectric facility, in addition to all other
requirements, shall submit the following for approval:
1. Detailed construction plans and profiles of all facility features, including building elevations of the
powerhouse and other structures, excavation plans and narrative as to where blasting will occur and
where excess material will be deposited, and landscaping and reclamation plans.
2. Detailed plans for meeting the criteria set forth in DCC 19.100.080(A).
3. Detailed plans for river enhancement documenting both on-site and off-site enhancement plans
consistent with adopted river-related goals and policies, such as plans and methods for conserving
water and enhancing stream flows. The plan shall identify costs, time schedules and coordination
activities with affected persons and agencies for such enhancement plans.
4. A cash deposit, performance bond or other security acceptable to Deschutes County, in an amount
equal to 100 percent of the estimated cost of river enhancement.
5. Detailed plans for a water conservation and stream enhancement program to be funded by a portion
of revenues generated by the operation of the proposed facility. The program plans shall contain the
following:
a. A program timetable;
b. Projected gross revenues from the proposed facility,
c. Projected program expenditures and the percentage of gross revenues they represent;
d. Projected water savings and the percentage of known current water losses they represent;
e. A declaration by the applicant that at least 50 percent of the conserved water will remain
undiverted by the applicant;
f. A declaration by the applicant that water diversion for power generation will not cause water
flow in the affected stretch of the river (from the diversion to the tailrace exit) to fall below the
minimum stream flow for that stretch as recommended by the Oregon Department of Fish and
Wildlife; and
g. A declaration by the applicant that it will enter into an agreement with Deschutes County prior
to beginning construction of the facility by which the applicant agrees to fulfill all of the
requirements in DCC 19.100.080(B)(5)(a) through (g).
(Ord. 86-017 §16,1986)
19.100.090. Farm Stands.
A. In addition to the general conditional use permit criteria set forth in DCC 19.100.030, farm stands
may be permitted within the UAR-10 zone subject to DCC 19.76, provided the following special
use standards are also established:
1. The structures are designed and used for the sale of farm crops or livestock grown on the farm
operation, or grown on the farm operation and other farm operations in the local agricultural
area, including the sale of retail incidental items and fee-based activity to promote the sale of
farm crops or livestock sold at the farm stand if the annual sale of incidental items and fees
PAGE 3 OF 4 - EXHIBIT "C" TO ORDINANCE 2008-014 (03/31/2008)
from the promotional activity do not make up more than 25 percent of the total annual sales of
the farm stand; and
2. The farm stand does not include structures designed for occupancy as a residence or for activity
other than the sale of farm crops or livestock and does not include structures for banquets,
public gatherings or public entertainment.
(Ord. 2008-14, §3, 2008)
PAGE 4 OF 4 - EXHIBIT "C" TO ORDINANCE 2008-014 (03/31/2008)
FINDINGS FOR TA-08-7
REVIEW CRITERIA & FINDINGS
The proposed amendment revises Deschutes County Code Title 19, Deschutes County
lacks specific criteria in DCC Titles 19, 22, or 23 for reviewing a legislative zoning text
amendment. Therefore, the county must determine that the proposed Title 19 text
amendments are consistent with the Statewide Planning Goals the County's
Comprehensive Plan. The parameters for evaluating these text amendments are based
on whether there are adequate findings that demonstrate this consistency.
The proposed amendments would satisfy Statewide Goal 1, Citizen Involvement, Goal 2
Land Use Planning, and Goal 11 Urbanization.
The Comprehensive Plan and the Bend Urban Growth Boundary Zoning Ordinance
contains a number of goals relating to Urban Reserve lands.
STATEWIDE PLANNING GOALS:
Goal 1 - Citizen Involvement. To develop a citizen involvement program that
insures the opportunity for citizens to be involved in all phases of the planning
process.
Finding: Goal 1 is satisfied through the County text amendment process that includes a
Planning Commission work session, followed by a Planning Commission public hearing,
completed with a work session and public hearing with the Deschutes County Board
Commissioners.
Goal 2 - Land Use Planning. To establish a land use planning process and policy
framework as a basis for all decision and actions related to use of land and to
assure an adequate factual base for such decisions and actions.
Finding: Deschutes County has established a process and policy framework to assure
that decisions rendered by the County on land use applications have an adequate
factual basis. No exceptions to the Statewide Planning Goals are requested with this
application. No goal exceptions are necessary because the area where this use will be
allowed currently maintains small scale farms and urban residential uses. Therefore, the
text amendment for the farm stands in the UAR-10 zone is consistent with this goal. The
staff report with attachments and Ordinance 2008-014 contain the necessary facts for
adoption of the proposed text amendments.
Goal 3 - Agricultural Lands. To preserve and maintain agricultural lands.
Finding: This Statewide Planning Goal is not applicable to since the zone has been
granted exceptions to Goal 3.
Goal 4 - Forest Lands. To conserve forest lands by maintaining the forest land
base and to protect the state's forest economy by making possible economically
efficient forest practices that assure the continuous growing and harvesting of
forest tree species as the leading use on forest land consistent with sound
Page 1 of 5 - Exhibit D to Ordinance 2008-014 (3/31/08)
management of soil, air, water, and fish and wildlife resources and to provide for
recreational opportunities and agriculture.
Finding: This Statewide Planning Goal is not applicable since the zone is not forest
land and no exception is required.
Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces. To
protect natural resources and conserve scenic and historic areas and open
spaces.
Finding: There are no Goal 5 Resources identified on the properties that would be
affected by this text amendment.
Goal 6: Air, Water and Land Resources Quality. To maintain and improve the
quality of the air, water and land resources of the state.
Finding: The proposed text amendments will have no effect upon the air, water and
land resources quality in Deschutes County because the areas where these facilities will
be allow are already zoned for urban uses. The facilities would likely reduce the distance
that people will have to travel to by produce because the property owner and their
tenants in the surrounding neighborhoods are the likely users of the farm stands. Water
needs will be not be more than the current residential or small farm use because the
proposed farm stands will not provide additional water use facilities.
Goal 7: Areas Subject to Natural Hazards. To protect people and property from
natural hazards.
Finding: The proposed text amendments will have no effect on areas subject to natural
hazards because, other than the normal fire dangers attributable to any property, no
natural hazards have been identified for the Urban Area Reserve UAR-10 zone.
Goal 8: Recreation Needs. To satisfy the recreational needs of the citizens of the
state and visitors and, where appropriate, to provide for the siting of necessary
recreational facilities including destination resorts.
Finding: This is not a destination resort or recreational facility; therefore this Statewide
Planning Goal is not applicable to this text amendment.
Goal 9: Economic Development. To provide adequate opportunities throughout
the state for a variety of economic activities vital to the health, welfare, and
prosperity of Oregon's citizens.
Finding: This text amendment will provide for the ability of the affected property owners
to implement a commercial use in the Urban Area Reserve 10 acres minimum zone.
Therefore, there will be job opportunities created through the planning, construction and
operation of such facilities.
Goal 10: Housing. To provide for the housing needs of citizens of the state.
Finding: This Statewide Planning Goal is not applicable to this text amendment
because this is not a housing use.
Page 2 of 5 - Exhibit D to Ordinance 2008-014 (3/31/08)
Goal 11: Public Facilities and Services. To plan and develop a timely, orderly and
efficient arrangement of public facilities and services to serve as a framework for
urban and rural development.
Finding: The affected properties are inside the Urban Growth Boundaries and will not
be served through extensions of urban services unless they already exist; therefore
Statewide Planning Goal is not applicable to this Text Amendment.
Goal 12: Transportation. To provide and encourage a safe, convenient and
economic transportation system.
Finding: The proposed text amendments will have no effect on the transportation
system because there are no new roads being proposed with these amendments.
Specific proposals within the affected zoning district in the future may require
transportation analyses as part of the application process.
Goal 13: Energy Conservation. To conserve energy.
Finding: The proposed amendments will aid in energy conservation because the
property owners and their tenants in the surrounding urban areas neighborhoods are the
likely users of the farm stand, thereby reducing the amount of energy consumed to and
from local grocery stores.
Goal 14: - To provide for an orderly and efficient transition from rural to urban
land use, to accommodate urban population and urban employment inside urban
growth boundaries, to ensure efficient use of land, and to provide for livable
communities.
Finding: This proposed text amendments are proposed in the City of Bend Urban Area
Reserve. The City of Bend has reviewed this proposal and recommends approval
provided that the amendments are based upon the regulations for farm stands in
exclusive farm use zones under ORS 215 and OAR 660-033.
Statewide Planning Goals 15 - 19 are related to resources not located in Central
Oregon and, therefore are goals that do not apply to Deschutes County
DESCHUTES COUNTY COMPREHENSIVE PLAN
Chapter 23.48, URBANIZATION
23.48.020. Goals
1. To provide for an orderly and efficient transition from rural to urban lands.
Finding: The proposed text amendment would not have any adverse impact on a future
transition from rural to urban lands. Development of farm stands on UAR-10 zoned
properties would not irrevocably or irretrievably commit these properties to farm stand
use and such development would not preclude other types of redevelopment under
future urbanization.
Page 3 of 5 - Exhibit D to Ordinance 2008-014 (3/31/08)
2. To assure that planning and implementation of plans in the urban areas are
consistent with the best interest of both urban and urbanizing area residents.
Finding: The proposed text amendment would afford urbanizing area residents in the
UAR-10 zone the opportunity to have farm stands in association with small-scale farms.
By making farm stands a conditional use, neighbors are ensured that any farm stand
would be suitable in size, appearance, and intensity for the neighborhood in which it was
located. Parking, traffic and design criteria would be reviewed and conditions of approval
would be required to maintain both the urban and residential uses.
3. To retain and enhance the character and quality of the urban areas as growth
occurs. To recognize and respect the unusual natural beauty and character of the
area.
Finding: The proposed farm stands could enhance the character of areas with existing
small-scale agriculture. Required site plan review and conditional use approval would
minimize and mitigate any adverse impacts to the unusual natural beauty and character
of the area by ensuring that conditions are place on farm stand uses that will not
interfere with existing character of the urban area. In addition, the proposed farm stand
use would provide an urban area shopping use that could enhance the local small scale
agricultural uses and maintain a transition between existing small scale agricultural
character and urban shopping use.
4. To provide a sound basis for urbanization by establishing proper relationships
between residential, commercial, industrial and open land uses; fostering
intergovernmental cooperation; and providing an efficient transportation system.
Finding: Deschutes County has coordinated with the City of Bend on this application.
City Staff commented, "The applicant proposes amendments to the text of DCC
19.12.020 and 19.88. The City of Bend Long Range Planning staff supports the
amendments as proposed. We will continue to do so provided that the amendments are
based upon the regulations for farm stands in exclusive farm use zones under ORS 215
and OAR 660-033. " Section 19.76.050 allows the Planning Director to require that
Improvement, including, but not limited to, paving, curbing, installation of traffic
signals, constructing sidewalks, striping bike lanes, or other improvements to the
street system which serves the proposed use where the existing street system will be
burdened by the proposed use.
Therefore, with review by Deschutes County Community Development Department and
implementation of necessary site improvements, any adverse impacts to transportation
systems would be minimized and mitigated with appropriate street system conditions.
5. To retain and enhance desirable existing areas and to revitalize, rehabilitate
and redevelop less desirable existing areas; to encourage and promote
innovations in development techniques in order to obtain maximum livability and
excellence in planning and design for development.
Finding: Farm stands would retain the agricultural character and provide an urban retail
experience that could enhance the character of areas with existing small-scale
agriculture. Required site plan review that would require the use to retain and enhance
Page 4 of 5 - Exhibit D to Ordinance 2008-014 (3/31/08)
the existing character of the area. A conditional use review would minimize and mitigate
any adverse impacts to the unusual natural beauty and character of the area by
establishing specific criteria for individual farm stand sites.
The proposed amendment could potentially allow commercial activity that would be
inappropriate for small parcels and disruptive to nearby residential use. The proposed
amendment requires a conditional use in the UAR-10 zone. As a conditional use, farm
stands would be subject the general conditional use criteria of 19.100.030. These
conditional use criteria provide important safeguards that would ensure that any farm
stand was suitable in size, appearance, and intensity of use to the neighborhood in
which it was located.
Other potential limits for this proposal include a 10-acre minimum requirement. This
limitation would likely increase setbacks from farm stands to neighbors, thereby reducing
impacts.
BEND URBAN GROWTH BOUNDARY ZONING ORDINANCE
Chapter 19.12, URBAN AREA RESERVE ZONE UAR-10
19.12.10. Purpose.
To serve as a holding category and to provide opportunity for tax differentials as
urban growth takes place elsewhere in the planning area, and to be preserved as
long as possible as useful open space until needed for orderly growth.
Finding: The proposed text amendment would not have any adverse impact on a future
transition from rural to urban lands. Development of farm stands on UAR-10 zoned
properties would not irrevocably or irretrievably commit these properties to farm stand
use and such development would not preclude other types of redevelopment under
future urbanization. This proposal would preserve the appearance of open space by
maintaining the small scale farm use in the UAR-10 zone.
CONCLUSION
The proposed amendment accomplishes the goal of allowing farm stands in the UAR-10
zone. No opposition to this amendment has been identified was identified at the public
hearings before the Planning Commission and Board of County Commissioners.
Page 5 of 5 - Exhibit D to Ordinance 2008-014 (3/31/08)