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2015-547-Ordinance No. 2015-016 Recorded 12/31/2015 DESCHUTES COUNTY OFFICIAL RECORDS CJ 205.547 REVIEWED NANCY BLANKENSHIP, COUNTY CLERK d I COMMISSIONERS' JOURNAL 12/31/2015 08;10,26 AM 1/� ' " T LI GA1.COUNSEL UIMUU IIIi1IIIII I III BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,OREGON An Ordinance Amending Deschutes County Code Title 18 to Incorporate "Housekeeping"Changes that * ORDINANCE NO. 2015-016 Correct Errors, Incorporate Changes to State Law, and Provide Clarification of Existing Regulations, Procedures,and Policies. WHEREAS,the Deschutes County Community Development Department (CDD) initiated amendments (Planning Division File No. 247-15-000256-TA)to the Deschutes County Code (DCC) Title 18, Chapter 18.04, Title, Purpose and Definitions; Chapter 18.16, Exclusive Farm Use Zones; Chapter 18.60, Rural Residential Zone; Chapter 18.67, Tumalo Rural Community Zoning Districts; Chapter 18.84, Landscape Management Combining; Chapter 18.108, Urban Unincorporated Community Zone; Chapter 18.113, Destination Resorts Zone; and Chapter 18.128, Conditional Use to incorporate "housekeeping" changes correct errors, incorporate changes to state law, and provide clarification of existing regulations, procedures,and policies; and WI IEREAS,the Deschutes County Planning Commission reviewed the proposed changes on August 13, 2015 and forwarded to the Deschutes County Board of County Commissioners ("Board"), a recommendation of approval; and Wi IEREAS, the Board considered this matter after a duly noticed public hearing on December 9, 2015, and concluded that the public will benefit from the proposed changes to Deschutes County Code ("DCC") Title 18; now,therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,OREGON, ORDA INS as follows: Section 1. AMENDMENT. DCC 18.04.030, Definitions, 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 stfiketliFough. Section 2. AMENDMENT. DCC 18.16.040, Limitations on Conditional Uses, is amended to read as described in Exhibit "B," attached hereto and by this referenced incorporated herein, with new language underlined and language to be deleted in striketlife.H.glh. Section 3. AMENDMENT. DCC 18.60.090, Oregon Water Wonderland Unit 2 Sewer District Limited Use Combining Zone, is amended to read as described in Exhibit "C," attached hereto and by this reference incorporated herein,with new language underlined and language to he deleted in strikethrough. Section 4. AMENDMENT. DCC 18.67.080, Standards for All Districts, is amended to read as described in Exhibit "D," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikes. /// PAGE 1 OF 2-ORDINANCE NO.2015-016 Section 5. AMENDMENT. DCC 18.84.050, Use limitations, and DCC 18.84.080, Design review standards, are amended to read as described in Exhibit "E," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 6. AMENDMENT. DCC 18.108.055, Town Center, is amended to read as described in Exhibit "F," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strs. Section 7. AMENDMENT. DCC 18.113.060, Standards for Destination Resorts, is amended to read as described in Exhibit "G," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in 44k-et-life-ugh. Section 8. AMENDMENT. DCC 18.128.200, Cluster Development (Single-Family Residential Uses Only), is amended to read as described in Exhibit"II,"attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 9. FINDINGS. The Board adopts as its findings in support of this decision attached to Ordinance 201 5-018 as Exhibit"E"and incorporated by reference herein. •7 i Dated this of &C. , 2015 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, Chair cueu...„ ALAN UNGER, Vice Chair ATTEST: ,&KAAAL., Recording Secretary TAMMY BA :Y, Co ti.issioner Date of 1st Reading: 1 day of d- . , 2015. Date of 2°d Reading: 1 _ day of jp2C_ .__, 2015. Record of Adoption Vote: Commissioner Yes No Abstained Excused Tammy Baney Anthony DeBone Alan Unger ✓ Effective date:Z day of nQA(,G, , 201& . PAGE 2 OF 2-ORDINANCE NO.2015-016 "****"Denotes portions of this Section not amended by Ordinance 2015-016. Chapter 18.04. TITLE,PURPOSE AND DEFINITIONS 18.04.030. Definitions. **** "Accessory dwelling"as applied in the La Pine Urban Unincorporated Community,La Pine Neighborhood Planning Area,means a complete dwelling unit either attached to or separate from the primary dwelling unit. An accessory dwelling may be no larger than 33 percent of the living area, excluding the garage,of the primary dwelling, or 800 square feet,whichever is less. Maximum height for a detached accessory dwelling is 24 feet. "La Pine Collector Street" means a collector street in the La Pine Urban Unincorporated Community, La Pine Neighborhood Planning Area as a depicted on the Neighborhood Planning Area Street Wan, Figure 15, in DCC 23.36.052,the Deschutes County Comprehensive Plan. "La Pine central collector" means the collector street running north and south through the center of the La Pine Urban Unincorporated Community,La Pine Neighborhood Planning Aral. The generalized corridor location for the Central Collector is depicted on the Neighborhood Planning Area Street Plan, Figure 15,in DCC 23.364452. **** "Live/work dwelling" is a use permitted in the La Pine Urban Unincorporated Community, La Pine prey sheet. To preserve the pedestrian orientation of the commercial or office space,alley access is required for parking. The location of lots where live/work dwellings may be sited ball be specified on the subdivision plat. The live/work housing types are defined below: A. Lave/work house: A she faitiily detached heeee with no mere than 50 percent of the first story of the building available as commercial or office spaces B. Live/work town home: A residential, fee simple town home unit in which a business may-be operated.The commercial or office portion of the building shall be limited to the ground floor and may not exceed 50 percent of the square footage of the entire building,excluding the ga-age. "Neighborhood"means one of four areas in the La Pine Urban Unincorporated Community,-La Pine Neighborhood Planning Area,as depicted on the Neighborhood Planning Area Neighborhood and Quadrant Plan,Figure 11,in DCC 23.36.052,the Deschutes Cem+ty Comprehensive Plan. Fach Neighborhood has a Residential Center District including a Neighborhood Park and is divided into Quadrants by neighborhood collector streets. "Neighborhood commercial building"means a building located in the l.,a Pine Urban Unincorporated Community, La Pine Neighborhood Planning Area, Residential Center District that does not exceed a total of 1,000 square feet of gross floor area and may contain retail,service,office, or food service establishment,excluding drive through. A neighborhood commercial building is a stand alone Page 1 of 2-EXHIBIT A OF ORDINANCE NO. 2015-016 commercial use to serve-neighborhood needs. It is not intended to draw lie niii-xbers-ef patrons from outside of the-neighborhood. The design of the building shall be residential in scale and character. Off must be located at the side or rear of the building. The public entrance to the building shall be from the primary street frontage. "Neighborhood park"means a public park located in the central arca of each Neighborhood in the La Pine Neighborhood Planning Area. Neighborhood Park size ranges from two to five acres. "Neighborhood quadrant" means one of the four sub areas in each of the four neighborhoods in the I.,a depicted on the Quadrant Plan, Figure II,in DCC 23.36.052,the Deschutes County Comprehensive Plan. "Open space buffer"means the open space des-i-tbated eft the La Rii e Urban Uiii+icorporated Community, La Pine Neighborhood Planning Area Parks and Open Space Plan, Figure 17 in DCC 23.36.052,the Deschutes County Comprehensive Plan. The open space buffer provides space between the • - •-- - • - - subdivision adjacent to the La Pine Neighborhood Planning Area. "Open space corridor" means the-cerridors des ated en the La-Pi-ne Urban Unincorporated Community, La Pine Neighborhood Planning Area Parks and.Open Space Plan, Figure 17 in DCC 23.36.052,the Deschutes County Comprehensive Plan.The open space corridors define the boundaries. between the Neighborhoods and are the locations for paths in the non motorized circulation network. -Quadrant plan" means a development plan for a Neighborhood Quadrant in the La Pine Neighborhood Planning Area. **** I (Ord. 2015-016 §1,2015;Ord. 2015-004 §1,2015; Ord. 2014-009 §1,2014;Ord. 2013-008 §1,2013; Ord. 2012-007 §1,2012;Ord. 2012-004 §1,2012;Ord.2011-009 §1,2011; Ord.2010-022 §1,2010;Ord. 2010-018 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 §1,2006; Ord. 2005-041 §1,2005;Ord. Chapter 18.04 35(04/2015)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 §1, 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, l A and 18, 1993; Ord. 93-038 §1, 1993; Ord. 93-005 §§1 and 2, 1993;Ord. 93-002 §§1,2 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 2 of 2-EXHIBIT A OF ORDINANCE NO. 2015-016 "****"Denotes portions of this Section not amended by Ordinance 2015-016. Chapter 18.16. EXCLUSIVE FARM USE ZONES 18.16.040. Limitations on Conditional Uses. A. Conditional uses permitted by DCC 18.16.030, 18.16.031, and 18.16.033 may be established subject to ORS 215.296 ,_applicable provisions in DCC 18.128,and upon a finding by the Planning Director or Hearings Body that the proposed use: I. Will not force a significant change in accepted farm or forest practices as defined in ORS 215.203(2)(c)on surrounding lands devoted to farm or forest uses;and 2. Will not significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use;and 3. That the actual site on which the use is to be located is the least suitable for the production of farm crops or livestock. I (Ord. 2015-016 §2,2015;Ord.2014-010 §1,2014; Ord.2012-00 §2,2012; Ord.2009-014 §1,2009;Ord. 2008-001 §2, 2008; Ord. 2006-008 §3, 2006; Ord. 2004-001 §2, 2104; Ord. 98-030 §1, 1998; Ord. 95-075 §1, 1995; Ord. 95-007 §14, 1995;Ord. 92-065 §3, 1992;Ord.91-0,8 §1 and 2, 1991;Ord. 91-020 §1, 1991; Ord.91-011 §1, 1991) Page 1 of 1 -EXHIBIT B OF ORDINANCE NO. 2015-016 Chapter 18.60. RURAL RESIDENTIAL ZONE-RR-10 18.60.090. Oregon Water Wonderland Unit 2 Sewer District Limited Use Combining Zone. A. Uses Permitted Outright. In the Oregon Water Wonderland Unit 2 Sewer District Limited Use Combining Zone, uses shall be permitted as follows, the following uses and their accessory uses are allowed outright: a. Agricultural use as defined in DCC Title 18. b. Propagation or harvesting of a forest product. c. Ground application of treated effluent. B. Uses Permitted Subject to Site Plan Review. In the Oregon Water Wonderland Unit 2 Sewer District Limited Use Combining Zone,uses shall be permitted as follows,the following uses and their accessory uses are permitted subject to applicable provisions of DCC 18.116, Supplementary Provisions, and DCC 18.124, Site Plan Review: a. Sewage Treatment Facility. b. Treated Effluent Ponds. C. Uses Permitted Conditionally. In the Oregon Water Wonderland Unit 2 Sewer District Limited Use Combining Zone, Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B), and their accessory uses are permitted conditionally subject to the applicable provisions of DCC 18.128,Conditional Uses. D. Definitions. For the purpose of this section, the use Sewage Treatment Facility includes any buildings or structures associated with the operations of a sewer treatment plant including, but not limited to, treatment station or pump station. E. Special Conditions. Pursuant to DCC Deschutes County Comprehensive Plan Section 23.120.170 5.10, an application for site plan review to establish a sewage treatment facility must include a conservation easement and a plan of implementing the conservation easement that provides standards and implementation methods for managing the conservation easement, along with a recorded road maintenance agreement between Oregon Water Wonderland Unit 2 Sewer District and the Beaver Special Road District,with the site plan review application. The road maintenance agreement between the applicant and the Beaver Special Road District shall include Oregon Water Wonderland Unit 2 Sewer District's pro rata share for the maintenance cost of Foster Road through Section 25. I (Ord.2015-016 §3,2015;Ord.2010-016§1,2010;Ord. 2003-012 §1,2003). Page 1 of 1 -EXHIBIT C OF ORDINANCE NO. 2015-016 Chapter 18.67. TUMALO RURAL COMMUNITY ZONING DISTRICTS 18.67.080. Standards for All Districts. A. Solar Setback. The setback from the north lot line shall meet the solar setback requirements in DCC 18.116.180. B. Building Code Setbacks. In addition to 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. C. Off-Street Parking and Loading. Off-street parking and loading shall be provided subject to the applicable provisions of DCC 18.116. D. 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. E. Building Height. Except where otherwise indicated, no building or structure shall be erected or enlarged to exceed 30 feet in height,except as allowed under DCC 18.120.040. F. Rimrock Setback. Setbacks from the rimrock are subject to the applicable provisions of DCC 18.116.160. G. River setback. All new structures or additions to existing structures within shall be set back a minimum of 100 feet from the ordinary high water mark of designated streams and rivers are subject to the applicable provisions ofor obtain a setback exception in accordance DCC 18.120.030. For the purpose of DCC 18.67.070,decks are considered part of a structure. (Ord.2015-016§4,2015;Ord. 97-033 §2, 1997) Page 1 of 1 -EXHIBIT D OF ORDINANCE NO. 2015-016 "****"Denotes portions of this Section not amended by Ordinance 2015-016. Chapter 18.84. LANDSCAPE MANAGEMENT COMBINING-LM ZONE 18.84.050. Use limitations. A. Any new structure or substantial exterior alteration of a structure requiring a building permit, an agricultural structure, within an LM Zone shall obtain site plan approval in accordance with dccDCC 18.84 and DCC 18.121, Site Plan Review, prior to construction. As used in DCC 18.84 substantial exterior alteration consists of an alteration which exceeds 25 percent in the size or 25 percent of the assessed value of the structure. B. Structures which are not visible from the designated roadway,river or stream and which are assured of remaining not visible because of vegetation, topography or existing development are exempt from the provisions of DCC 18.84.080(Design Review Standards)and DCC 18.84.090(Setbacks). An applicant for site plan review in the LM Zone shall conform with the provisions of DCC 18.84, or may submit evidence that the proposed structure will not be visible from the designated road, river or stream. Structures not visible from the designated road, river or stream must meet setback standards of the underlying zone. (Ord. 2015-016, §5,2015; Ord. 2001-016, §2,2001; Ord. 95-075 §3, 1995; Ord. 92-034 §2, 1992; Ord. 91-020 §1, 1991;Ord.90-020 §1 1990; PL 15 1979) 18.84.080. Design review standards. The following standards will be used to evaluate the proposed site plan: A. Except as necessary for construction of access roads, building pads, septic drainfields, public utility easements, parking areas, etc., the existing tree and shrub cover screening the development from the designated road, river, or stream shall be retained. This provision does not prohibit maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act,or agricultural use of the land. B. It is recommended that new structures and additions to existing structures be finished in muted earth tones that blend with and reduce contrast with the surrounding vegetation and landscape of the building site. C. No large areas, including roofs, shall be finished with white, bright or reflective materials. Roofing, including metal roofing, shall be nonreflective and of a color which blends with the surrounding vegetation and landscape. DCC 18.84.080 shall not apply to attached additions to structures lawfully in existence on April 8, 1992,unless substantial improvement to the roof of the existing structure occurs. D. Subject to applicable rimrock setback requirements or rimrock setback exception standards in DCC 18. 084.090(E), all structures shall be sited to take advantage of existing vegetation, trees and topographic features in order to reduce visual impact as seen from the designated road,river or stream. When more than one nonagricultural structure is to exist and no vegetation,trees or topographic features exist which can reduce visual impact of the subject structure, such structure shall be clustered in a manner which reduces their visual impact as seen from the designated road,river,or stream. E. Structures shall not exceed 30 feet in height measured from the natural grade on the side(s) facing the road, river or stream. Within the LM Zone along a state scenic waterway or federal wild and scenic river,the height of a structure shall include chimneys,antennas, flag poles or other projections from the I roof of the structure. DCC 18.84.080(E)shall not apply to agricultural structures located at least 50 feet from a rimrock. F. New residential or commercial driveway access to designated landscape management roads shall be consolidated wherever possible. Page 1 of 2-EXHIBIT E OF ORDINANCE NO. 2015-016 G. New exterior lighting, including security lighting, shall be sited and shielded so that it is directed downward and is not directly visible from the designated road,river or stream. H. The Planning Director or Hearings Body may require the establishment of introduced landscape material to screen the development, assure compatibility with existing vegetation, reduce glare, direct automobile and pedestrian circulation or enhance the overall appearance of the development while not interfering with the views of oncoming traffic at access points, or views of mountains,forests and other open and scenic areas as seen from the designated landscape management road,river or stream. Use of native species shall be encouraged.(Formerly section 18.84.080(C)) I. No signs or other forms of outdoor advertising that are visible from a designated landscape management river or stream shall be pennitted. Property protection signs (No Trespassing, No Hunting, etc.,) are permitted. J. A conservation easement as defined in DCC 18.04.280 "Conservation Easement" and specified in DCC 18.116.220 shall be required as a condition of approval for all landscape management site plans involving property adjacent to the Deschutes River, Crooked River, Fall River, Little Deschutes River, Spring River, SquawWhychus Creek and Tumalo Creek. Conservation easements required as a condition of landscape management site plans shall not require public access. I (Ord. 2015-016, §5, 201.5; Ord. 2001-016, §2,2001; Ord. 97-068 §1, 1997; Ord. 95-075 §3, 1995; Ord. 93- 043 §12A and 12B, 1993;Ord.92-034§2, 1992;Ord. 91-020§1, 1991;Ord.90-020§1 1990;PL-15 1979) Page 2 of 2-EXHIBIT E OF ORDINANCE NO. 2015-016 "****"Denotes portions of this Section not amended by Ordinance 2015-016. Chapter 18.108. URBAN UNINCORPORATED COMMUNITY ZONE—SUNRIVER 18.108.055 Town Center—TC District K. Conceptual Site Plan. 5. A Conceptual Site Plan shall be approved if it demonstrates that future development is located on the subject property so that,in addition to the requirements of DCC 18.108.055,the following standards can be met at the time of site plan review: a. DCC 23.10.025 Deschutes County Comprehensive Plan Section 4.5;and b. DCC 18.124.060(A)-(E)and(I); interpreted as described in DCC 23.10.025(E)(1)(d)(3) Deschutes County Comprehensive Plan Policy 4.5.14. (Ord. 2015-016 §6,2015;Ord. 2015-004 §9,2015; Ord. 2008-015 §2,2008) Page 1 of 1 -EXHIBIT F OF ORDINANCE NO.2015-016 "****"Denotes portions of this Section not amended by Ordinance 2015-016. Chapter 18.113. DESTINATION RESORTS ZONE-DR 18.113.060. Standards for Destination Resorts. The following standards shall govern consideration of destination resorts: A. The destination resort shall,in the first phase,provide for and include as part of the CMP the following minimum requirements: 1. At least 150 separate rentable units for visitor-oriented overnight lodging as follows: a. The first 50 overnight lodging units must be constructed prior to the closure of sales,rental or lease of any residential dwellings or lots. b. The resort may elect to phase in the remaining 100 overnight lodging units as follows: i. At least 50 of the remaining 100 required overnight lodging units shall be constructed or guaranteed through surety bonding or equivalent financial assurance within 5 years of the closure of sale of individual lots or units,and; ii. The remaining 50 required overnight lodging units shall be constructed or guaranteed through surety bonding or equivalent financial assurance within 10 years of the closure of sale of individual lots or units. iii. If the developer of a resort guarantees a portion of the overnight lodging units required under subsection 18.113.060(A)(1)(b) through surety bonding or other equivalent financial assurance, the overnight lodging units must be constructed within 4 years of the date of execution of the surety bond or other equivalent financial assurance. iv. The 2.5:1 accommodation ratio required by DCC 1.8.113.060(D)(2) must be maintained at all times. c. If a resort does not chose to phase the overnight lodging units as described in 18.113.060(A)(1)(b),then the required 150 units of overnight lodging must be constructed prior to the closure of sales,rental or lease of any residential dwellings or lots. I (Ord.2015-016 1i7,2015;Ord.2013-008 §2,2013;Ord.2007-05 §2,2007;Ord.92-004§13, 1992) Page 1 of 1 - EXHIBIT F OF ORDINANCE NO. 2015-16 "****"Denotes portions of this Section not amended by Ordinance 2015-016. Chapter 18.128. CONDITIONAL USE 18.128.200.Cluster Development(Single-Family Residential Uses Only). **** B. The conditional use shall not be granted unless the following findings are made: **** 3. In the Wildlife Area Combining Zone,in addition to compliance with the WA zone development restrictions,uses and activities must be consistent with the required Wildlife Management Plan. The Plan shall be approved if it proposes all of the following in the required open space area: a. Preserves,protects and enhances wildlife habitat for WA zone protected species as specified in the Deschutes County Comprehensive Plan-(DCC Title 23); and **** I (Ord. 2015-016 §8,2015;Ord. 2004-024 §2,2004; Ord. 95-075 §1, 1995;Ord. 93-005 §11, 1993;Ord. 91-020 §1, 1991) Page 1 of 1 -EXHIBIT H OF ORDINANCE NO.2015-016