2010-2721-Ordinance No. 2010-018 Recorded 7/2/2010REVIEWED
LEGAL COUNSEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
VIII II IIIIIIIIIIIIIIIIII) I III
2®1 -2721
RECORDS I} ~1~+0~~~~+
CLERK IrJ L + +
07/02/2010 08:24:59 AM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Sections 18.116.030, 18.124.060, and 18.04.030 to
Specify Parking Ratios for Airport Uses, Require
Mitigation for Transportation-Related Impacts Under
Site Plan Review, Define AASHTO Standards, and
Declaring an Emergency.
* ORDINANCE NO. 2010-018
WHEREAS, Deschutes County Planning Division staff initiated a text amendment to Deschutes County
Code ("DCC") Title 18, Section 18.116.030, Off-Street Parking and Loading, Section 18.124.060, Approval
Criteria, and Section 18.04.030, Definitions, to specify parking ratios for airport uses, require mitigation for
transportation-related impacts under site plan review, and define AASHTO Standards; and
WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on
April 8, 2010 before the Deschutes County Planning Commission and, on April 8, 2010 the Planning
Commission recommended approval of the text amendments; and
WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on
June 28, 2010 before the Board of County Commissioners ("Board"); and
WHEREAS, the Board considered this matter and concluded that the public will benefit from changes to
the land use regulations; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Title 18, Section 18.116.030, Off-Street Parking and Loading, is
amended to read as described in Exhibit "A", attached and incorporated by reference herein, with new language
underlined and deleted language setforth in ~fough.
Section 2. AMENDMENT. DCC Title 18, Section 18.124.060, Approval Criteria, is amended to read
as described in Exhibit "B", attached and incorporated by reference herein, with new language underlined and
deleted language setforth in stfikedwett .
Section 3. AMENDMENT. DCC Title 18, Section 18.04.030, Definitions, is amended to read as
described in Exhibit "C", attached and incorporated by reference herein, with new language underlined and
deleted language setforth in strledi,-,ett .
Section 4. FINDINGS. The Board adopts as its findings in support of this decision Exhibit "D",
attached and incorporated by reference herein.
PAGE 1 OF 2 - ORDINANCE NO. 2010-018
Section 5. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an
emergency is declared to exist and this Ordinance takes effect on its passage.
Dated this /of t C--,2010 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DE IS R. LUKE, tfid~ir
wal'- U---~
ATTEST:
Recording Secretary
ALAN UNGER, Vice Chair
- oeyj~
TAMMY B EY, Co sioner
Date of 1 S` Reading: Fit- day of PA , 2010.
Date of 2°d Reading: day of 010.
Recor n Vote:
Commissioner Yes No Abstained Excused
Dennis R. Luke
Alan Unger C/
Tammy Baney
Effective date:,,2~day of X10.
PAGE 2 OF 2 - ORDINANCE NO. 2010-018
Chapter 18.116. SUPPLEMENTARY PROVISIONS
18.116.030. Off-street Parking and Loading.
A. Compliance. No building or other permit shall be issued until plans and evidence are presented
to show how the off-street parking and loading requirements are to be met and that property is
and will be available for exclusive use as off-street parking and loading. The subsequent use of
the property for which the permit is issued shall be conditional upon the unqualified
continuance and availability of the amount of parking and loading space required by DCC Title
18.
B. Off-Street Loading. Every use for which a building is erected or structurally altered to the
extent of increasing the floor area to equal a minimum floor area required to provide loading
space and which will require the receipt or distribution of materials or merchandise by truck or
similar vehicle, shall provide off-street loading space on the basis of minimum requirements as
follows:
1. Commercial, industrial and public utility uses which have a gross floor area of 5,000 square
feet or more shall provide truck loading or unloading berths subject to the following table:
S q. Ft. of Floor Area
No. of Berths Required
Less than 5,000
0
5,000-30,000
1
30,000-100,000
2
100,000 and Over
3
2. Restaurants, office buildings, hotels, motels, hospitals and institutions, schools and
colleges, public buildings, recreation or entertainment facilities and any similar use which
has a gross floor area of 30,000 square feet or more shall provide off-street truck loading or
unloading berths subiect to the followinL table:
S q. Ft. of Floor Area
No. of Berths Required
Less than 30,000
0
30,000-100,000
1
100,000 and Over
2
3. A loading berth shall contain space 10 feet wide, 35 feet long and have a height clearance
of 14 feet. Where the vehicles generally used for loading exceed these dimensions, the
required length of these berths shall be increased.
4. If loading space has been provided in connection with an existing use or is added to an
existing use, the loading space shall not be eliminated if elimination would result in less
space than is required to adequately handle the needs of the particular use.
5. Off-street parking areas used to fulfill the requirements of DCC Title 18 shall not be used
for loading and unloading operations except during periods of the day when not required to
take care of parking needs.
C. Off-Street Parking. Off-street parking spaces shall be provided and maintained as set forth in
DCC 18.116.030 for all uses in all zoning districts. Such off-street parking spaces shall be
provided at the time a new building is hereafter erected or enlarged or the use of a building
existing on the effective date of DCC Title 18 is changed.
D. Number of Spaces Required. Off-street parking shall be provided as follows:
1. Residential.
Page 1 of 6 - Exhibit A to Ordinance 2010-018
Use
Requirements
One, two and three
2 spaces per dwelling
family dwellings
unit
Multi-family dwelling
containing four or more
dwelling units:
Studio or efficiency
0.75 space per unit
unit
1 bedroom
1.00 space per unit
2 bedroom
1.50 space per unit
3 bedroom
2.25 space per unit
4 bedroom
2.50 s ace per unit
Apartment/hotel,
0.50 space guest
rooming or boarding
parking per dwelling
house
unit
Quad or quint dwelling
4.50 spaces per quad
and 5.50 spaces per
quint
2. Commercial Residential.
Use
Requirements
Hotel
1 space per guest room
plus 1 space per 2
s.
employee
Motel
1 space per guest room
or suite plus 1
additional space for the
owner-manager
Club or lodge
Spaces to meet the
combined requirements
of the uses being
conducted such as
hotel, restaurant,
auditorium, etc.
Fraternity, sorority or
1 space for each 6
dormitory
student beds
3. Institutions.
Use
Requirements
Welfare or correctional
1 space per 3 beds for
institution
patients or inmates
Convalescent Hospital,
1 space per 2 beds for
nursing hospital,
patients or residents
sanitarium, rest home,
home for the aged
Hospital
1.50 spaces per bed
Page 2 of 6 - Exhibit A to Ordinance 2010-018
4. Places Of Public Assembly.
Use
Requirements
Church
1 space per 4 seats or 8 feet
of bench length in the main
auditorium or 1 space for
each 50 sq. ft. of floor area
used for assembly
Library, reading
1 space per 400 sq. ft. of
room, museum, art
floor area plus 1 space per
gallery
2 employees
Preschool, nursery
2 spaces per teacher
or kindergarten
Elementary or
1 space per 4 seats or 8 feet
junior high schools
of bench length in
auditorium or assembly
room, whichever is greater,
plus 1 space per employee.
High schools
1 space for each 6 students
or 1 space per 4 seats or 8
feet of bench length in the
main auditorium,
whichever is greater, plus 1
space per employee
College or
1 space per 3 seats in
commercial school
classrooms
for adults
Other auditorium
1 space per 4 seats or 8 feet
or meeting room
of bench length. If no fixed
seats or benches, 1 space
per 60 s q. ft. of floorspace.--,
5. Commercial Amusements.
Use
Requirements
Stadium, arena or
1 space per 4 seats or 8
theater
feet of bench length
Bowling alley
6 spaces per lane, plus
1 space per 2
employe s
Dance hall or skating
1 space per 100 sq. ft.
rink
of floor area, plus 1
space per 2 employees.
6. Commercial.
Use
Requirements
Grocery stores of 1,500
1 space per 300 sq. ft.
sq. ft. or less of gross
of gross floor areas
floor area, and retail
stores, except those
selling bulky
merchandise
Supermarkets, grocery
1 space per 200 sq. ft.
stores
of gross floor area
Page 3 of 6 - Exhibit A to Ordinance 2010-018
Service or repair shops,
1 space per 600 sq. ft.
retail stores and outlets
of gross floor area
selling furniture,
automobiles or other
bulky merchandise
where the operator can
show the bulky
merchandise occupies
the major area of the
building
Bank or office, except
1 space per 300 sq. ft.
medical or dental
of gross floor area
Medical and dental
1 space per 150 sq. ft.
office or clinic
of gross floor area
Eating or drinking
1 space per 100 sq. ft.
establishments
of gross floor area.
Mortuaries
1 space per 4 seats or 8
ft. of bench length in
chapels
7. Industrial.
Use
Requirements
Manufacturing
1 space per employee
establishment
on the largest working
shift
Storage warehouse,
1 space per 2,000 sq. ft.
wholesale
of floor area
establishment, rail or
trucking freight
terminal
8. Ai ort Uses.
Use
Requirements
Hangars or tie-dowti.s
1 space per 4 private
aircraft occupying a.
hangar or tie-down
s ace
Office
1. space per 300 sq. ft.
of gross floor area
Aircraft maintenance
1 space per 1,000
f.
sq_
_
_
of Voss floor area
Manufacturing,
1 space per 500 sq. ft.
assembl research
of oss floor area
89. Other uses not specifically listed above shall be provided with adequate parking as required
by the Planning Director or Hearings Body. The above list shall be used as a guide for
determining requirements for said other uses.
E. General Provisions. Off-Street Parking.
1. More Than One Use on One or More Parcels. In the event several uses occupy a single
structure or parcel of land, the total requirement for off-street parking shall be the sum of
requirements of the several uses computed separately.
2. Joint Use of Facilities. The off-street parking requirements of two or more uses, structures
or parcels of land may be satisfied by the same parking or loading space used jointly to the
Page 4 of 6 - Exhibit A to Ordinance 2010-018
extent that it can be shown by the owners or operators of the uses, structures or parcels that
their operations and parking needs do not overlap at any point of time. If the uses,
structures or parcels are under separate ownership, the right to joint use of the parking
space must be evidence by a deed, lease, contract or other appropriate written document to
establish the joint use.
3. Location of Parking Facilities. Off-street parking spaces for dwellings shall be located on
the same lot with the dwelling. Other required parking spaces shall be located on the same
parcel or another parcel not farther than 500 feet from the building or use they are intended
to serve, measured in a straight line from the building in a commercial or industrial zone.
Such parking shall be located in a safe and functional manner as determined during site
plan approval. The burden of proving the existence of such off-premise parking
arrangements rests upon the applicant.
4. Use of Parking Facilities. Required parking space shall be available for the parking of
operable passenger automobiles of residents, customers, patrons and employees only and
shall not be used for the storage of vehicles or materials or for the parking of trucks used in
conducting the business or used in conducting the business or use.
5. Parking, Front Yard. Required parking and loading spaces for multi-family dwellings or
commercial and industrial uses shall not be located in a required front yard, except in the
Sunriver UUC Business Park (BP) District and the La Pine UUC Business Park (LPBP)
District and the LaPine UUC Industrial District (LPI), but such space may be located within
a required side or rear yard.
6. On-Street Parking Credit. Notwithstanding DCC 18.116.030(G)(2), within commercial
zones in the La Pine Planning Area and the Terrebonne and Tumalo unincorporated
communities, the amount of required off-street parking can be reduced by one off-street
parking space for every allowed on-street parking space adjacent to a property up to 30% of
the required off-street parking. On-street parking shall follow the established
configurations in the parking design standards under DCC 18.116.030 Table 1. To be
considered for the parking credit, the proposed parking surface, along the street frontage
under review, must have a defined curb line and improved as required under DCC 17.48,
with existing pavement, or an engineered gravel surface. For purposes of establishing
credit, the following constitutes an on-street parking space:
a. Parallel parking (0 degree), each 20 feet of uninterrupted curb;
b. Diagonal parking (60 degree), each with 11 feet of curb;
c. Perpendicular parking (90 degree), each with 10 feet of curb;
d. Curb space must be connected to the lot that contains the use;
e. Parking spaces that would not obstruct a required clear vision area, nor any other
parking that violates any law or street standard; and
f. On-street parking spaces credited for a specific use may not be used exclusively by that
use, but shall be available for general public use at all times. No signs or actions
limiting general public use of on-street spaces are permitted.
F. Development and Maintenance Standards for Off-Street Parking Areas. Every parcel of land
hereafter used as a public or private parking area, including commercial parking lots, shall be
developed as follows:
1. Except for parking to serve residential uses, an off-street parking area for more than five
vehicles shall be effectively screened by a sight obscuring fence when adjacent to
residential uses, unless effectively screened or buffered by landscaping or structures.
2. Any lighting used to illuminate off-street parking areas shall be so arranged that it will not
project light rays directly upon any adjoining property in a residential zone.
3. Groups of more than two parking spaces shall be located and designed to prevent the need
to back vehicles into a street or right of way other than an alley.
Page 5 of 6 - Exhibit A to Ordinance 2010-018
4. Areas used for standing and maneuvering of vehicles shall be paved surfaces adequately
maintained for all weather use and so drained as to contain any flow of water on the site.
An exception may be made to the paving requirements by the Planning Director or
Hearings Body upon finding that:
a. A high water table in the area necessitates a permeable surface to reduce surface water
runoff problems; or
b. The subject use is located outside of an unincorporated community and the proposed
surfacing will be maintained in a manner which will not create dust problems for
neighboring properties; or
c. The subject use will be in a Rural Industrial Zone or an Industrial District in an
unincorporated community and dust control measures will occur on a continuous basis
which will mitigate any adverse impacts on surrounding properties.
5. Access aisles shall be of sufficient width for all vehicular turning and maneuvering.
6. Service drives to off-street parking areas shall be designed and constructed to facilitate the
flow of traffic, provide maximum safety of traffic access and egress and maximum safety
of pedestrians and vehicular traffic on the site. The number of service drives shall be
limited to the minimum that will accommodate and serve the traffic anticipated. Service
drives shall be clearly and permanently marked and defined through the use of rails, fences,
walls or other barriers or markers. Service drives to drive in establishments shall be
designed to avoid backing movements or other maneuvering within a street other than an
alley.
7. Service drives shall have a minimum vision clearance area formed by the intersection of the
driveway centerline, the street right of way line and a straight line joining said lines through
points 30 feet from their intersection.
8. Parking spaces along the outer boundaries of a parking area shall be contained by a curb or
bumper rail placed to prevent a motor vehicle from extending over an adjacent property line
or a street right of way.
G. Off-Street Parking Lot Design. All off-street parking lots shall be designed subject to County
standards for stalls and aisles as set forth in the following drawings and table:
(SEE TABLE 1 AT END OF CHAPTER 18.116)
1. For one row of stalls use "C" + "D" as minimum bay width.
2. Public alley width may be included as part of dimension "D," but all parking stalls must be
on private property, off the public right of way.
3. For estimating available parking area, use 300-325 square feet per vehicle for stall, aisle
and access areas.
4. For large parking lots exceeding 20 stalls, alternate rows may be designed for compact cars
provided that the compact stalls do not exceed 30 percent of the total required stalls. A
compact stall shall be eight feet in width and 17 feet in length with appropriate aisle width.
(O-d. 201.0-018 §1, 2010, Ord. 2004-013 §12, 2004; Ord. 2003-005 §2, 2003; Ord. 2002-015 §2,
2002, Ord. 2001-044 §4, 2001; Ord. 97-078 §6, 1997; Ord. 96-003 §7, 1996; Ord. 93-063 §2, 1993;
Ord. 93-043 §19, 1993; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 90-017 §1, 1990)
Page 6 of 6 - Exhibit A to Ordinance 2010-018
Chapter 18.124. SITE PLAN REVIEW
18.124.060. Approval Criteria.
Approval of a site plan shall be based on the following criteria:
A. The proposed development shall relate harmoniously to the natural environment and existing
development, minimizing visual impacts and preserving natural features including views and
topographical features.
B. The landscape and existing topography shall be preserved to the greatest extent possible, considering
development constraints and suitability of the landscape and topography. Preserved trees and shrubs
shall be protected.
C. The site plan shall be designed to provide a safe environment, while offering appropriate opportunities
for privacy and transition from public to private spaces.
D. When appropriate, the site plan shall provide for the special needs of disabled persons, such as ramps
for wheelchairs and Braille signs.
E. The location and number of points of access to the site, interior circulation patterns, separations
between pedestrians and moving and parked vehicles, and the arrangement of parking areas in relation
to buildings and structures shall be harmonious with proposed and neighboring buildings and structures.
F. Surface drainage systems shall be designed to prevent adverse impacts on neighboring properties,
streets, or surface and subsurface water quality.
G. Areas, structures and facilities for storage, machinery and equipment, services (mail, refuse, utility
wires, and the like), loading and parking and similar accessory areas and structures shall be designed,
located and buffered or screened to minimize adverse impacts on the site and neighboring properties.
H. All above-ground utility installations shall be located to minimize adverse visual impacts on the site and
neighboring properties.
1. Specific criteria are outlined for each zone and shall be a required part of the site plan (e.g. lot setbacks,
etc.).
J. All exterior lighting shall be shielded so that direct light does not project off-site.
K . I'ranst)ortatior~_..tccess to the site shall..be adequ rte,f)r the use_..
11~? e i.l~plrcable r4sucS including. but not...... I~rrrrtc~_.., to,, g~,ght ~trtitance, tuts) _.__anc3
accele... tl,% iec.eteratrc}rt._. larle4,._.1 fight-of:tiyay,... ro~Ict« ay Sur!Jng .and..._widening,,... and, _bicycle and
ped&.5111 an connee1Jon5 s,ha11..he tclenttf..ed..
2,.. Miti,,ation_tbr transportation__relatcdnapacts shall be required.
Mzti.g ition....._shal1.... nleet_ apphcahle C ounty standard4.-iii .D CC. 17.16 ~tnd...._DC,(
-1!1 1 e p. rtl).cnt, pf 'Fransport~ t on (ODOT)..mobility and access standards. and
...<)pp~ 3E . !,lr
~tazertcan l5yoe'ation of State._fliglr~vay.anct. Transpcrrtatrc)n_C}tlrc Officials. (F1A~ I_l l t 3) standards,
(C)rd.._.__2f)lt) O18 §2__. 2010.'._..Ord. 93-043 §§21, 22 and 22A, 1993; Ord. 91-038 §1, 1991; Ord. 91-020 §1,
1991)
Page 1 of 1 - Exhibit B to Ordinance 2010-018
NOTE.,: denotes code provisions not amended by this ordinance.
Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS
18.04.030. Definitions.
As used in DCC Title 18, the following words and phrases shall mean as set forth in DCC
18.04.030.
",AASHTO.._Standards"
refers _to_the road safety And design..._stat dards_set:._forth__inthepuhlieation,
entitled Amerieaia Association of State flighway and Transportation Officials Policy on. Geometric
Designs of Highways and Streets. current edition.
(Ord^2010..-d1_$._.§3.,._ 2010,_Ord. 2008-007 §1, 2008; Ord. 2008-015 §1, 2008; Ord. 2007-005 §1,
2007; Ord. 2007-020 §1, 2007; Ord. 2007-019 §1, 2007; Ord. 2006-008 fl, 2006; Ord. 2005-041
§1, 2005; Ord. 2004-024 §1, 2004; Ord. 2004-001 §1, 2004; Ord. 2003-028 §1, 2003; Ord. 2001-
048 §1, 2001; Ord. 2001-044 §2, 2001; Ord. 2001-037 §1, 2001; Ord. 2001-033 §2, 2001; Ord. 97-
078 §5, 1997; Ord. 97-017 §1, 1997; Ord. 97-003 §1, 1997; Ord. 96-082 §1, 1996; Ord. 96-003 §2,
1996; Ord. 95-077 §2, 1995; Ord. 95-075 fl, 1975; Ord. 95-007 §1, 1995; Ord. 95-001 §1, 1995;
Ord. 94-053 §1, 1994; Ord. 94-041 §§2 and 3, 1994; Ord. 94-038 §3, 1994; Ord. 94-008 §§1, 2, 3,
4, 5, 6, 7 and 8, 1994; Ord. 94-001 §§1, 2, and 3, 1994; Ord. 93-043 §§1, 1A and 1B, 1993; Ord.
93-038 §1, 1993; Ord. 93-005 §§1 and 2, 1993; Ord. 93-002 §§l, 2 and 3, 1993; Ord. 92-066 §1,
1992; Ord. 92-065 §§1 and 2, 1992; Ord. 92-034 §1, 1992; Ord. 92-025 §1, 1992; Ord. 92-004 §§1
and 2, 1992; Ord. 91-038 §§3 and 4, 1991; Ord. 91-020 §1, 1991; Ord. 91-005 §1, 1991; Ord. 91-
002 § 11, 1991; Ord. 90-014 §2, 1990; Ord. 89-009 §2, 1989; Ord. 89-004 § 1, 1989; Ord. 88-050
§3, 1988; Ord. 88-030 §3, 1988; Ord. 88-009 §1, 1988; Ord. 87-015 §1, 1987; Ord. 86-056 §2,
1986; Ord. 86-054 §1, 1986; Ord. 86-032 §1, 1986; Ord. 86-018 §1, 1986; Ord. 85-002 §2, 1985;
Ord. 84-023 §1, 1984; Ord. 83-037 §2, 1983; Ord. 83-033 §1, 1983; Ord. 82-013 §1, 1982)
Page 1 of 1 - Exhibit C to Ordinance 2010-018
DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS
FINDINGS AND DECISION
FILE NUMBER: TA-10-1
APPLICANT: Deschutes County
REQUEST: Text amendment to DCC 18.116.030, 18.124.060, and 18.04.030,
to specify parking ratios for airport uses, require mitigation for
transportation-related impacts under site plan review, and define
AASHTO Standards.
STAFF CONTACT: Anthony Raguine, Senior Planner
The Deschutes County Planning Commission held a work session on March 11, 2010
and a public hearing on April 8, 2010 to discuss a text amendment initiated by
Deschutes County staff to Deschutes County Code (DCC) Sections 18.116.030, Off-
Street Parking and Loading, 18.124.060, Approval Criteria (Site Plan), and 18.04.030,
Definitions. The purpose of the amendment to DCC 18.116.030 is to codify parking
ratios for airport uses. The purpose of the amendments to DCC 18.124.060 and
18.04.030 is to require mitigation for transportation-related impacts identified during site
plan review.
The Planning Commission voted 3-1 in favor of recommending approval of the text
amendments. No comments from the public have been received. No objection to the
airport parking ratios have been received from the Bend Airport Manager.
The Board of County Commissioners ("Board") held a work session on May 12, 2010
and a public hearing on June 28, 2010. The Chair conducted the first and second
reading of the ordinance, and declared an emergency, on June 28, 2010.
PROPOSED TEXT AMENDMENT
The proposed text amendment is detailed in the attached exhibit with text underlined for
new language and shown as stFikethm gh for deleted language. Below staff provides
explanations for the proposed changes.
CHAPTER 18.116, SUPPLEMENTARY PROVISIONS
DCC 18.116.030. Off-Street Parking and Loading
The amendment to DCC 18.116.030 would add specific parking ratios for airport uses.
Historically, planning staff has relied on input from the Planning Division's transportation
planner to determine appropriate parking ratios for airport uses. The purpose of
amending 18.116.030 is to formalize these parking ratios.
Page 1 of 4 - Exhibit D to Ordinance 2010-018
Proposed Amendment
8. Airport Uses.
Use
Requirements
Hangars or tie-downs
1 space per 4 private aircraft
occupying a hangar or tie-
down s ace
Office
1 space per 300 sq. ft. of
ross floor area
Aircraft maintenance
1 space per 1,000 sq. ft. of
gross floor area
Manufacturing, assembly,
1 space per 500 sq. ft. of
research
gross floor area
CHAPTER 18.124, SITE PLAN REVIEW
DCC 18.124.060. Approval Criteria
Currently, DCC 18.124.080(J) allows planning staff to require a traffic study when a use
would generate 50 or more vehicle trips. Staff has historically used the traffic study
analysis to justify requiring mitigation for transportation-related impacts. However, a
recent Hearings Officer decision for a La Pine Subway development (SP-09-27)
determined that although staff could require submittal of a traffic study, there is no
specific approval criteria related to transportation impacts. Therefore, no conditions of
approval to require mitigation for those transportation-related impacts could be enforced.
As a result of the Hearings Officer decision, staff has proposed an amendment to DCC
18.124.060 that would add specific site plan approval language to allow staff to address
transportation-related impacts. The proposed language would also allow the County
Engineer to identify existing safety and capacity issues that may require mitigation.
Proposed Amendment
K. Transportation access to the site shall be adequate for the use.
1. Where applicable, issues including, but not limited to, sight distance, turn
and acceleration/deceleration lanes, right-of-way, roadway surfacing and
widening, and bicycle and pedestrian connections, shall be identified.
Mitigation for transportation-related impacts shall be required.
2. Mitigation for transportation-related impacts shall be required.
3. Mitigation shall meet applicable County standards in DCC 17.16 and DCC
17.48, applicable Oregon Department of Transportation (ODOT) mobility
and access standards, and applicable American Association of State
Highway and Transportation Officials (AASHTO) standards.
Page 2 of 4 - Exhibit D to Ordinance 2010-018
CHAPTER 18.04, TITLE, PURPOSE AND DEFINITIONS
DCC 18.04.030, Definitions
The reference to AASHTO standards in the proposed amendment to DCC 18.124.060
requires that a definition of AASHTO standards be included in the definitions section of
the zoning code.
Proposed Amendment
"AASHTO Standards" refers to the road safety and design standards set forth in the
publication entitled American Association of State Highway and Transportation Officials
Policy on Geometric Designs of Highways and Streets, current edition.
REVIEW CRITERIA AND FINDINGS
The proposed amendment revises sections of Deschutes County Code Title 18 specific
to airport parking requirements and analysis of transportation-related impacts during site
plan review. Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for
reviewing a legislative zoning text amendment. Therefore, the county must determine
that the proposed Title 18 text amendments are consistent with state statute if the
County Zoning Code and Comprehensive Plan have not been amended to adopt
required changes in state statute, the Statewide Planning Goals ("Goals") if the County
Comprehensive Plan has not been amended to adopt required changes in the Goals, the
County's Comprehensive Plan to the extent it has been acknowledged by the Oregon
Department of Land Conservation and Development as complying with the Statewide
Planning Goals, and the County's zoning code. The parameters for evaluating these
text amendments are based on whether there are adequate factual findings that
demonstrate this consistency.
STATE STATUTES
Although there are state statutes that govern aviation administration, airports and
landing fields, aircraft operation, and airport districts, staff is unaware of any state
statutes that specifically regulate parking ratios for airport uses. Similarly, staff is
unaware of any state statutes that specifically govern site-specific approval criteria
related to transportation impacts. Staff believes no state statutes are relevant to the
proposed text amendments.
STATEWIDE PLANNING GOALS
No changes to the Goals have been adopted by the Oregon Land Conservation and
Development Commission since the County's Comprehensive Plan was last
acknowledged as being in compliance with the Goals. Therefore, because these
proposed changes are to the County's zoning code that implements the County's
Comprehensive Plan, the Goals are not applicable to these changes.
DESCHUTES COUNTY COMPREHENSIVE PLAN
Based on staff's review of the Comprehensive Plan, the following chapters and sections
address airports and airport uses: DCC 23.60 - Transportation, subsection
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23.60.010(P) - Air Transportation; DCC 23.64 - Transportation System Plan, section
23.64.100 - Airports; and DCC 23.120 - Goal Exception Statement, section 23.120.070
- Bend Municipal Airport Exceptions Statement. However, there are no specific goals or
policies related to airport parking ratios.
There are two Comprehensive Plan chapters which address transportation: DCC 23.60
- Transportation and DCC 23.64 - Transportation System Plan. Based on staff's review
of these chapters, there are no relevant goals or policies that address analysis and
mitigation of transportation impacts related to site-specific projects.
DECLARING AN EMERGENCY
As currently written, DCC 18.124.060 does not require mitigation for transportation-
related impacts identified during site plan review. This ordinance is being adopted at the
beginning of a building season that usually results in the increase in land use permits to
which this ordinance could be applicable. In order to not let an entire summer building
season go by without the ability to require such traffic mitigation, the Board finds than an
emergency clause allowing for the immediate effectiveness of the ordinance is
necessary.
DECISION:
Based on the above findings, the Board approves the proposed language of TA-10-1
and adopts Ordinance 2010-018 by emergency.
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