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2018-53-Minutes for Meeting January 03,2018 Recorded 2/7/2018Recorded in Deschutes County CJ2018-53 Nancy Blankenship, County Clerk Commissioners' Journal 02/07/2018 8:31:27 AM 111111118,iimmmiiuiuii For Recording Stamp Only Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97703-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS Wednesday, January 3, 2018 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Tammy Baney, Phil Henderson and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Ross, Board Executive Assistant. Several representatives of the media were in attendance. CALL TO ORDER: Chair DeBone called the meeting to order at 10:00 a.m. PLEDGE OF ALLEGIANCE CITIZEN INPUT: William Kuhn submitted a Request to Speak card to the Board. Commissioner DeBone inquired if Mr. Kuhn intended on commenting on matters previously addressed before the Board. Commissioner DeBone noted that County staff has submitted a response to Mr. Kuhn regarding his stated concerns. Commissioner DeBone explained that no further input (cluster development Minutes of Board of Commissioners' Business Meeting January 3, 2018 Page 1 of 6 - 2016 decision) will be heard as the position of the County is clear. Additional comments can be submitted to the Board in writing. Commissioner Baney also noted there is a potential threat of litigation from Mr. Kuhn. CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. Commissioner Henderson requested to pull Items 1, 4, and 5 for further review and Item 7 for discussion. HENDERSON: BANEY: Move approval of Consent Agenda Items 2, 3, and 6. Second. VOTE: HENDERSON: Yes. BANEY: Yes. DEBONE: Chair votes yes. Motion Carried Consent Agenda Items: 1. Approval of Minutes of the November 27, 2017 Work Session 2. Approval of Minutes of the November 29, 2017 Business Meeting 3. Approval of Minutes of the November 29, 2017 Work Session 4. Approval of Minutes of the December 6, 2017 Business Meeting 5. Approval of Minutes of the December 13, 2017 Business Meeting 6. Approval of Notes of BOCC Department Site Visit for December 7, 2017 7. Consideration of Board Signature of Document No. 2018-018, Improvement Agreement with Saturn Power Corporation Solar Facility South of Redmond ACTION ITEMS Consent Agenda Item 7 as pulled for discussion: Consideration of Board Signature of Document No. 2018-018, Improvement Agreement with Saturn Power Cooperation Solar Facility South of Redmond Commissioner Henderson asked for clarification on the bonds. County Counsel Dave Doyle, Assistant Counsel Adam Smith, and Associate Planner Cynthia Smidt provided information regarding the bonds required in the agreement. Minutes of Board of Commissioners' Business Meeting January 3, 2018 Page 2 of 6 BANEY: Move approval HENDERSON: Second VOTE: BANEY: Yes HENDERSON: Yes DEBONE: Chair votes yes. Motion Carried 8. Consideration of Board Approval to Apply for the Office on Violence Against Women Fiscal Year 2018 Grant, Document No. 2018-013 — Rural Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program Chair DeBone noted the District Attorney has pulled this item from today's agenda. 9. Consideration of Chair Signature of Document No. 2018-011, Notice of Intent to Award 2018 Qualified Pool of Fuel Reduction Contractors Ed Keith, County Forester, presented the item for consideration. The notice of intent is an annual advertisement to generate a pool of qualified contractors that are then available to handle fuels reduction projects throughout the year. HENDERSON: Move approval BANEY: Second VOTE: HENDERSON: Yes BANEY: Yes DEBONE: Chair votes yes. Motion Carried 10. Wildlife Area Combining Zone / Amendments Assistant Legal Counsel Adam Smith presented this item reviewing the proposed changes. Minutes of Board of Commissioners' Business Meeting January 3, 2018 Page 3 of 6 BANEY: Move approval of Ordinance No. 2018-002 first reading by title only and declare emergency HENDERSON: Second CHAIR DEBONE: Read into the record the first reading of Ordinance No. 2018-002 BANEY: Move approval of Ordinance No. 2018-002 second reading by title only and declare emergency HENDERSON: Second CHAIR DEBONE: Read into the record the second reading of Ordinance No. 2018- 002 BANEY: Move adoption of Ordinance No. 2018-002 HENDERSON: Second VOTE: BANEY: Yes HENDERSON: Yes DEBONE: Chair votes yes. Motion Carried BANEY: Move approval of Ordinance No. 2018-003 first reading by title only and declare emergency HENDERSON: Second CHAIR DEBONE: Read into the record the first reading of Ordinance No. 2018-003 BANEY: Move approval of Ordinance No. 2018-003 second reading by title only and declare emergency HENDERSON: Second CHAIR DEBONE Read into the record the second reading of Ordinance No. 2018- 003 BANEY: Move adoption of Ordinance No. 2018-003 HENDERSON: Second Minutes of Board of Commissioners' Business Meeting January 3, 2018 Page 4 of 6 VOTE: BANEY: Yes HENDERSON: Yes DEBONE: Chair votes yes. Motion Carried 11. Continuation of Public Hearing: An appeal of a Deschutes County Hearings Officer' approval to allow the Mazamas to establish a Bed and Breakfast Inn (B&B) and Campground at 10050 NE Crooked River Drive Anthony Raguine, Community Development Senior Planner presented at this continuation of the public hearing. This is an appeal of the Mazama application to establish a bed and breakfast and tent site campground. Theresa Bright and David Burns represented the Mazama organization and presented requested materials and rebuttal. Ms. Bright reviewed an outline and noted prior to submitting the applications there were meetings held with community members and is aware of the opposition from the neighboring property owners. Roger Whitaker approached the Board addressing concerns of noise. Liz Fancher, attorney, addressed the concerns of compatibility and harmonious test. Ms. Fancher reviewed concerns on violations of Goal 11. She stated there is a shared well agreement from 1975 on the neighbor's property and the Mazamas intend to terminate the agreement and have their own water system. Mr. Burn reviewed the site plan of the proposed property and ways to address items of the neighbor's concerns. Ms. Bright reviewed the economic impact of the proposed development. Ms. Fancher spoke on the properties that were zoned MUA10 that adjoined the subject property. She noted the campground in the development will be a walk-in campground. Ms. Bright spoke on the business plan if the development did not include the campground but only had the bed and breakfast it would reduce the income by 35%. They promise to be good neighbor and ask the Board uphold the hearings officer's decision. Anthony Raguine commented on the hearing process and timelines. Commissioner DeBone closed the oral portion of the public hearing and stated the written record will be open for seven days followed by a seven-day period for final argument to 5:00 p.m. on January 24. Mr. Raguine requested all written materials be sent to him to ensure a complete record. Minutes of Board of Commissioners' Business Meeting January 3, 2018 Page 5 of 6 OTHER ITEMS: None were offered. ADJOURN Being no further items to come before the Board, the meeting was adjourned at 12:21 p.m. DATED this I Day of County Board of Commissioners. Recording Secretary 2018 for the Deschutes Anthony DeBone, Chair j Philip G. Hederson, Vice Chair Tammy Baney, Co missioner Minutes of Board of Commissioners' Business Meeting January 3, 2018 Page 6 of 6 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 AM, WEDNESDAY, JANUARY 3, 2018 Barnes and Sawyer Rooms - Deschutes Services Center — 1300 NW Wall Street — Bend Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be considered or discussed at the meeting. This notice does not limit the ability of the Board to address additional subjects. Meetings are subject to cancellation without notice. This meeting is open to the public and interested citizens are invited to attend. Business Meetings are usually recorded on video and audio, and can be viewed by the public live or at a later date; and written minutes are taken for the record. CALL TO ORDER PLEDGE OF ALLEGIANCE CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the Recording Secretary. Use the microphone and clearly state your name when the Board Chair calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing not being conducted as a part of this meeting will NOT be included in the official record of that hearing. If you offer or display to the Board any written documents, photographs or other printed matter as part of your testimony during a public hearing, please be advised that staff is required to retain those documents as part of the permanent record of that hearing. CONSENT AGENDA 1. Approval of Minutes of the November 27, 2017 Work Session 2. Approval of Minutes of the November 29, 2017 Business Meeting 3. Approval of Minutes of the November 29, 2017 Work Session 4. Approval of Minutes of the December 6, 2017 Business Meeting Board of Commissioners Business Meeting Agenda of 3 Wednesday, January 3, 2018 Page 1 5. Approval of Minutes of the December 13, 2017 Business Meeting 6. Approval of Notes of BOCC Department Site Visit for December 7, 2017 7. Consideration of Board Signature of Document No. 2018-018, Improvement Agreement with Saturn Power Corporation Solar Facility South of Redmond ACTION ITEMS 8. Consideration of Board Approval to Apply for the Office on Violence Against Women Fiscal Year 2018 Grant, Document No. 2018-013 - Rural Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program - John Hummel, County District Attorney 9. Consideration of Chair Signature of Document No. 2018-011, Notice of Intent to Award 2018 Qualified Pool of Fuel Reduction Contractors - Ed Keith, Forester 10. Wildlife Area Combining Zone / Amendments - Nick Lelack, Community Development Director 11. Continuation of Public Hearing: An appeal of a Deschutes County Hearings Officer's approval to allow the Mazamas to establish a Bed and Breakfast Inn (B&B) and Campground at 10050 NE Crooked River Drive. - Anthony Raguine, Senior Planner OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories. Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. Board of Commissioners Business Meeting Agenda of 3 Wednesday, January 3, 2018 Page 2 ADJOURN To watch this meeting on line, go to: www.deschutes.orq/meetings Please note that the video will not show up until recording begins. You can also view past meetings on video by selecting the date shown on the website calendar. Deschutes County encourages persons with disabilities to participate in all programs and activities. To request this information in an alternate format please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.orq/meetingcalendar (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Board of Commissioners Business Meeting Agenda of 3 Wednesday, January 3, 2018 Page 3 Subject: Name Address Phone #s a BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK E-mail address In Favor Neutral/Undecided Date: Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed No Subject: Name Address 64/ BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK G,LA. Date: I i Phone #s �� E-mail address In Favor Neutral/Undecided Co- Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the reco Opposed No { Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Business Meeting of January 3, 2018 DATE: December 27, 2017 FROM: Anthony Raguine, Community Development, 541-617-4739 TITLE OF AGENDA ITEM: Continuation of Public Hearing: An appeal of a Deschutes County Hearings Officer's approval to allow the Mazamas to establish a Bed and Breakfast Inn (B&B) and Campground at 10050 NE Crooked River Drive. RECOMMENDATION & ACTION REQUESTED: Continue the public hearing and render a decision to adopt the Hearings Officer's approval; adopt the Hearings Officer's approval with Board modifications; or deny the applications. BACKGROUND AND POLICY IMPLICATIONS: The proposal includes a B&B with three (3) guest rooms and a campground with ten (10) tent sites. The public hearing for the appeal was initiated on December 18, 2017. The Board received evidence and testimony from staff, the applicant, and the public. The Board elected to continue the public hearing to January 3, 2018 to provide the applicant an opportunity to submit oral rebuttal to the evidence and testimony received, and allow the Board an opportunity to ask the applicant questions regarding the proposal. FISCAL IMPLICATIONS: None ATTENDANCE: Anthony Raguine, Senior Planner Community Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend; Oregon 97708-6005 Phone: (541) 388-6575 Fax: (541) 385-1764 http://www.deschutes.org/cd MEMORANDUM DATE: December 13, 2017 TO: Board of County Commissioners (Board) FROM: Anthony Raguine, Senior Planner RE: Board Work Session on Mazamas Bend and Breakfast, and Campground (247 -17 -000319 -CU, 247 -17 -000320 -SP, 247 -17 -000321 -CU) A public hearing before the Board is scheduled for Monday, December 18, 2017, to consider a timely appeal submitted in response to a Deschutes County Hearings Officer's (HO) decision approving the applicant's request to establish a bed and breakfast inn (B&B) and campground. BACKGROUND The Mazamas Foundation submitted a request for conditional use permit and site plan review approvals to establish a B&B and campground. The applicant's proposal includes: • Replacing an existing single-family dwelling with a new four (4) bedroom dwelling for the B&B use • Three (3) of the bedrooms would be dedicated guest rooms to accommodate up to eight (8) guests • The fourth bedroom would be an owner -occupied caretaker room • Outdoor dining and gathering area adjacent to the dwelling that would be available to both guests of the B&B and campers • Cooking facilities and bathrooms/showers in the B&B would be available to campers • Six (6) campsites in the campground to accommodate up to 12 tent sites • Maximum occupancy of 24 guests in the campground • The closest campsite would be 25 feet from the south property line and 40 feet from NE Smith Rock Loop The HO approved the land use applications and included a number of conditions of approval designed to make the proposal compatible with surrounding residential uses including, but not limited to, the following: • Increased landscaping Quality Services Performed with Pride • Extension of a privacy fence along the south property line • Eliminating the composting toilet • Reduce the campground use to a maximum of ten (10) tent sites with a maximum occupancy of 20 guests • Modify campsite locations to allow a 40 -foot setback from the south property line and a 50 -foot setback from NE Smith Rock Loop • Unless required by fire/life/safety codes, exterior lighting shall be turned off or be motion activated between 10:00 pm and dawn • No campfires or smoking permitted • No cooking or open flames anywhere other than the outdoor paved cooking area • The outdoor gathering space shall only be used for meals and informal gatherings • Quiet hours from 9:00 pm to 6:00 am • The operator shall have a person available during all times the site is open for business to receive telephone complaints or concerns about the use GIBSON APPEAL The appellant, Marla Gibson, appeals the HO decision to address the following summarized concerns: • Impact of B&B and campground uses on a shared well • Noise impacts • Proposal exceeds definition of single-family dwelling • Impact to nearby residences from drilling and blasting necessary to establish the new dwelling • Inadequate setback between the campsites and the south property line' • The proposal is not harmonious with surrounding residential uses • Allowing campers to utilize the B&B facility exceeds the definition of B&B • Ability to secure septic approval for both uses RELEVANT DEFINITIONS At the Board's December 13, 2017 work session, Commissioner Henderson requested clarification on the definition of bed and breakfast inn and campground. Both uses are defined in Deschutes County Code (DCC) Section 18.04.030. The definition of bed and breakfast inn includes the terms `single-family dwelling' and `dwelling unit', which are also defined under DCC 18.04.030. Staff includes all relevant definitions below. "Bed and breakfast inn" means a single family dwelling unit where lodging and meals are provided for compensation, in which no more than three guest rooms are provided for no more than eight guests. A guest shall not rent for a time period longer than 30 consecutive days. "Dwelling, single family" means a detached building containing one dwelling unit and designed for occupancy by one family only, not including temporary structures such as tents, teepees, travel trailers and other similar structures. 1 The appeal materials reference a 25 -foot setback. Based upon the Mazamas' post -hearing submittal to modify the campsite locations, the HO approved a 40 -foot setback. "Dwelling unit" means one or more rooms in a building designed for occupancy by one family and having not more than one cooking area or kitchen. "Campground" means an area devoted to overnight, temporary use for vacation, recreational or emergency purposes, but not for residential purposes and is established on a site or is contiguous to lands with a park or other outdoor amenity that is accessible for recreational use by the occupants of the campground. It is also where facilities are provided to accommodate camping for two or more tents, travel trailers, yurts or recreational vehicles. A campground shall not include campsite utility hook-ups, intensely developed recreational uses such as swimming pools or tennis courts or commercial activities such as retail stores or gas stations. A private campground may provide yurts for overnight camping. The yurt shall be located on the ground or on a wood floor with no permanent foundation. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt. Overnight temporary use in the same campground by a camper or camper's vehicle shall not exceed a total of 30 days during any consecutive 6 month period. At Commissioner Henderson's request, staff attaches to this memo the relevant Zoning Code chapters for the proposal. These chapters are 18.32 (Multiple Use Agricultural), 18.84 (Landscape Management), 18.90 (Sensitive Bird and Mammal Habitat), 18.116 (Supplementary Provisions), 18.124 (Site Plan Review), and 18.128 (Conditional Uses). ATTACHMENTS 1. Hearings Officer's Decision 2. Relevant Zoning Code Chapters 3. Applicant's Revised Site Plan FILE NUMBER: APPLICANT: OWNER: REQUEST: STAFF CONTACT: PUBLIC HEARING DATE: HEARINGS OFFICER: SUMMARYOF DECISION: 1. HEARINGS OFFICER DECISION 247 -17 -000319 -CU 247 -17 -000320 -SP 247 -17 -000321 -CU Mazamas Foundation John R. Creager Conditional use permits and site plan review to establish a bed and breakfast inn, and a campground. Anthony Raguine, Senior Planner August 8, 2017 Dan R. Olsen Approved with conditions APPLICABLE CRITERIA: Title 18 of the Deschutes County Code, the County Zoning Ordinance Chapter 18.32, Multiple Use Agricultural - MUA10 Chapter 18.84, Landscape Management Combining Zone - LM Chapter 18.90, Sensitive Bird and Mammal Habitat Combining Zone - SBMH Chapter 18.116, Supplementary Provisions Chapter 18.124, Site Plan Review Chapter 18.128, Conditional Uses Title 15 of the Deschutes County Code, Building and Construction Chapter 15.08, Signs Title 22, Deschutes County Development Procedures Ordinance II. BASIC FINDINGS: Except as indicated by "Hearings Officer", this decision incorporates and adopts the Staff Report as stated below, with minor edits. A. LOCATION: The subject property has an address of 10050 NE Crooked River Drive, Terrebonne, and is further identified as tax lot 800 on County Assessor map 14-13-11D. B. ZONING: The property is zoned MUA10. The property is within the LM Combining Zone associated with NE Crooked River Drive and Crooked River, and the SBMH Combining Zone associated with a prairie falcon nest. It is designated rural residential exception area by the Deschutes County Comprehensive Plan. C. LOT OF RECORD: The subject property is Parcel 1 of partition plat PP2017-10 (County Surveyor number CS19342) and is, therefore, a legal lot of record. D. SITE DESCRIPTION: The property is 2.5 acres in size and is triangular in shape. The property has frontage on both NE Crooked River Drive and NE Smith Rock Loop. Development on-site consists of a single-family dwelling (manufactured home), barn, and storage shed. The undeveloped portions of the site appear to be irrigated pasture. E. PROPOSAL: Conditional use permits and site plan review to establish a bed and breakfast inn (B&B), and a campground. The applicant also proposes to replace the existing dwelling on-site for the B&B use. The B&B will consist of a 2,200 -square -foot, single -story dwelling, with 1 owner bedroom for Mazamas staff and 3 guest rooms for a maximum of 8 guests. It will include a covered outdoor dining space and an outdoor gathering space adjacent to the dwelling. The campground will include 6 campsites with 2 tent sites within each campsite, for a total of 12 tent sites. The applicant proposes a maximum occupancy of 24 people in the campground. The proposal also includes 17 paved parking spaces, 4 bicycle parking spaces, decomposed granite pedestrian walkways, composting toilet in the campground area, pump house, 2 condensing units and landscaping. Hearings Officer: As noted below, the applicant subsequently proposed various alternative campground configurations one of which involves reducing the number of campers to 20. F. SURROUNDING LAND USE: The property's northwest property line is NE Crooked River Drive. The property's northeast and east property lines are NE Smith Rock Loop. Approximately 60 feet to the northeast is Smith Rock State Park (Park) on land zoned Open Space & Conservation (OS&C). Immediately across NE Crooked River Drive are parking spaces associated with the Park. Approximately 60 feet to the northeast, across NE Smith Rock Loop, is the Smith Rock Mobile Estates manufactured home park on land zoned MUA10.To the northeast, east and south are MUA10-zoned lands developed with single-family dwellings and agricultural uses consisting primarily of livestock and horses with associated pastures. G. PROCEDURAL HISTORY AND REVIEW PERIOD: The applications were submitted on April 21, 2017. On May 20, 2017, staff mailed Incomplete Letter detailing additional information necessary to complete review. On June 19, 2017, the applicant submitted the requested information and the applications were deemed complete on that date. As of the day of the hearing on August 8, 2017, a total of 105 days remain in the 150 -day land use clock. A notice of the applications was mailed on April 28, 2017. The applicant submitted a Land Use Sign Affidavit indicating the land use action sign was posted on the property on May 1, 2017. Notice of the public hearing was mailed to parties of record on July 12, 2017, and published in The Bulletin on July 16, 2017. Hearings Officer: The applicant joined in on the request for continuance and did not waive final written rebuttal. Accordingly, by my calculation 83 days remain on the 150 - day decision clock. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 2 H. PUBLIC AGENCY COMMENTS: The following public agency comments were received in response to the notice of application. Deschutes County Building Division. The Deschutes County Building Safety Divisions code mandates that Access, Egress, Setbacks, Fire & Life Safety, Fire Fighting Water Supplies, etc. must be specifically addressed during the appropriate plan review process with regard to any proposed structures and occupancies. Accordingly, all Building Code required items will be addressed, when a specific structure, occupancy, and type of construction is proposed and submitted for plan review. Deschutes County Environmental Soils Division. The proposed campground and bed & breakfast at the above property will require a detailed onsite wastewater review process and may require a construction -installation permit to upgrade the system. The change in use and increase in potential flows to the system could result in the need for an advanced treatment system or a Water Pollution Control Facility permit issued by Oregon Department of Environmental Quality. Deschutes County Health Department. The proposed bed & breakfast accommodation and the proposed campground will need to follow the Oregon Administrative Rules 333, Division 31 rules for operating the recreation camp ground and Oregon Administrative Rules 333, Division 29 rules for operating the Travelers Accommodation. The proposed traveler's accommodations for the park property will need to; • Complete the Deschutes County Environmental Health Plan Review prior to beginning construction of the hotel and campground, and, • Before opening for public use the facilities will need to pass an opening inspection and secure a pool operating license from the Deschutes County Environmental Health Division. Information on the Public Health Plan Review can be found on our web page at https://www.deschutes.ora/health/pace/tourist-facilities, or by contacting the Health Department. If the facility will supply water to 10+ people/day at least 60 days/year it's considered a public water system and would need to be added to the inventory. They would be a transient non -community system and need plan review, well approval, testing, etc. If it's only the B and B and less than 10 people, we don't add them to the inventory, but we still require them to submit quarterly coliform samples and annual nitrate. On May 2, 2017, in response to planning staff's clarification of the proposed use, the Health Department provided the following link for drinking water plan review requirements: http://public.health.oreaon.aov/HealthvEnvironments/DrinkingWater/PlanReview/Docum ents/PR Reauirements.pdf Hearings Officer: The applicant is not proposing a pool. Deschutes County Environmental Soils Division. Based on the information provided, this facility will require a Water Pollution Control Facility permit from Oregon Department of Environmental Quality. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 3 Deschutes County Road Department. All parking must be accommodated on-site. No street parking for the proposed uses is allowed. Deschutes County Senior Transportation Planner. Hearings Officer: The staff report reflects some disagreement between the applicant and staff regarding traffic impacts, particularly regarding occupancy assumptions. In a June 21, 2017 email, however, Peter Russel, Sr. Transportation Planner confirmed that the applicant had submitted a revised Traffic Report dated June 14, 2017 that addressed all of his concerns. The study was revised to assume 100% occupancy of the tent sites (Category 416 Campground/RV Park) and uses the LU 320 Motel category from the ITE for the bed and breakfast. As I understand it, the proposal as originally submitted is estimated to generate 59 new daily trips, with five weekday PM peak hour trips. It appears that the SDC rate may have increased since the date of the email. That number may be reduced given that I am reducing the number of tents by two. In any event, the SDC due is the rate times the five weekday PM trips. The SDC is due prior to issuance of a certificate of occupancy; if a certificate of occupancy is not applicable, the SDC is due within 60 days of a land use decision approving the development becoming final. A number of persons have raised concerns about traffic impacts, but no contradictory study or analysis was submitted. The traffic concerns are addressed later in this decision. Redmond Fire & Rescue Department. If there are questions regarding Fire Code issues, please contact the Redmond Fire and Rescue Deputy Fire Marshal at 541-504-5016 or email at clara.butler(a�redmondfireandrescue.orq. If reviewed under the Following: ORSC - The following is a recommendation. OSSC — The following is required. WATER • Fire Safety during Construction — 2014 OFC Chapter 33 • Approved fire department access roads, required water supply, fire hydrants, and safety precautions shall be made available as soon as combustible material arrives on site. Area without Fire Hydrants: • NFPA 1142 Requirements • If the structure is being built in an area without a public water supply system, then the water flow requirements will come from NFPA 1142. • Note: The following information will need to be provided in order to determine accurate water flow requirements. ➢ Building height, length and width ➢ Use of the building ➢ Type of construction ➢ Whether the structure 100 sq. ft. or larger and within 50 feet of any other structures • Structures with Automatic Sprinkler systems — 2012 NFPA 1142 Chapter 7 Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 4 ■ The authority having jurisdiction shall be permitted to waive the water supply required by this standard when a structure is protected by an automatic sprinkler system that fully meets the requirements of NFPA 13 or NFPA 13D ACCESS • Premises Identification — 2014 OFC 505.1 ■ Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street fronting the property. Said numbers shall contrast with their background and visible at night. Number/letter shall be a minimum of 4" high and a .5 "stroke width. ■ Note: The street names shall follow the City of Redmond or Deschutes County grid names and numbers. Note: Green address signs for addresses in the county are available for $10.00 from Redmond Fire & Rescue. Please call 541-504-5000 to have one ordered and posted. • Required Access — 2014 OFC 504.1 ■ Exterior doors and openings shall be made readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided. • Fire Apparatus Access Roads — 2014 OFC Section 503 & Appendix D ■ Fire apparatus access roads shall extend to within 150 ft. of all portions of the building as measured by an approved route around the exterior of the building. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. Fire apparatus roads shall be designed and maintained to support the imposed loads of 70,000 lbs. and shall be surfaced so as to provide all- weather driving capabilities. The required turning radius of a fire apparatus access road shall be 30 feet inside and 50 feet outside. The grade of the fire apparatus access roads shall be within the limits established by the fire code official (10%). • Fire Lanes — 2014 OFC 503.3 & Appendix D Approved signs or other approved notices shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Such signs or notices shall be kept in legible conditions at all times. The stroke shall be 1 inch with letters 6 inches high and read "No Parking Fire Lane". Spacing for signage shall be every 50 feet. ■ Recommended to also (in addition to Fire lane signs) paint fire lane curbs in bright red paint with white letters. Appendix D Section 103.6.1 Roads 20-26 Ft. Wide: Shall have Fire Lane signs posted on both sides of a fire lane. Appendix D Section 103.6.2 Roads more than 26 Ft. Wide: Roads 26-32 ft. wide shall have a Fire Lane signs posted on one side of the road as a fire lane. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 5 • Dead -Ends — 2014 OFC 503.2.5 • Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Contact Redmond Fire & Rescue for requirements. • D 103.4 Table: Length of Dead end: greater than 500 ft. shall meet the turnaround requirements and the width of the road shall be a minimum of 26 ft. clear for fire apparatus. • Additional Access — 2014 OFC 503.1.2 ■ The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, conditions or terrain, climatic conditions or other factors that could limit access. • Emergency Access Road Gates — 2014 OFC Appendix D 103.5 • Minimum 20 feet wide. • Gates shall be swinging or sliding type. ■ Shall be able to be manually operated by one person. ■ Electric gates shall be equipped with a means of opening by emergency personnel & approved by fire official. ■ Locking devices shall be fire department padlocks purchased from A-1 Lock, Safe Co., Curtis Safe and Lock, on line at www.knoxbox.com, or contact Redmond Fire & Rescue for an order form. ■ Section 503.3: Install a sign on the gate "Emergency Access" Central Oregon Irrigation District. COID FACILITIES: • COID has no facilities on subject's property COID WATER RIGHTS: • Subjects property has 1.75 acres of COID water rights • Please contact COID concerning use of water rights COID requests the drawing (dwg) files to determine irrigable land An irrigation plan is required in order to retain water rights COID GUIDELINE STATEMENT • None Oregon Department of Fish and Wildlife. Mazamas Foundation has submitted an application for approval to establish a bed and breakfast inn, a campground, a parking lot and pedestrian walkways to be located at 10050 NE Crooked River Drive, Terrebonne, OR. Oregon Department of Fish and Wildlife (ODFW) Deschutes District has reviewed the proposal and is basing the following comments on protection of Goal 5 resources and the standards and criteria in Deschutes County's Title 18 Chapter 18.90 Sensitive Bird and Mammal Habitat Combining Zone ordinance. ODFW's records show that one peregrine falcon nest is located approximately 0.32 miles from the property boundary (Tax Lot 800) and seven golden eagle nests are located between 0.44 and 0.87 miles. The peregrine falcon site is likely to be in direct sight of the proposed development, as is all but one golden eagle nest site. That said, based on the scope of the development, the level of current development at, and Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 6 surrounding Tax lot 800, and heavy recreational activity at Smith Rock State Park (with trails that run within a few hundred feet of active nest sites), ODFW would not expect this development to significantly increase the risk of raptor nest failure or abandonment. The application states that "Evening quiet hours will begin at 9:00 pm, with `lights out' at 10pm." ODFW supports the implementation of these quiet hours as suitable actions to control human disturbance outside of normal State Park hours. ODFW recommends that the County stipulate these quiet hours as part of the approval process for this development. Oregon Park and Recreation Department. I reviewed the above referenced Notice of Application, and found that the property does not fall within a designated State Scenic Waterway section - so neither Deschutes County nor the applicant needs to coordinate with us further on this application. No comments were received from the followina agencies. Deschutes County Assessor and U.S. Fish and Wildlife Service. I. LAND USE HISTORY: The property has been the subject of the following land use decisions. 247 -16 -000729 -LR: The Planning Division determined the subject property was not a legal lot of record. 247 -16 -000264 -FPA: Pursuant to ORS 92.176, the property owner validated the subject property. Subsequently, the property was platted as Parcel 1 of partition plat PP2017-10. J. HEARING and RECORD: Hearings Officer: The public hearing commenced at 6:00 p.m. on August 8, 2017. I provided the statutorily required statements regarding the rights of the parties. I indicated that I had no conflicts of interest. I had no ex parte contacts. In addition to reading the documents posted on the County's document site, I noted that I had conducted a brief site visit. I drove along the subject property and got out of my car to view the property from the road. I observed the general location, size and orientation. I observed the Smith Rock Mobile Estates. I asked for but received no questions regarding my site visit or any procedural or other objections to conducting the hearing. There were several requests that the record be kept open, including from the applicant. Accordingly, I established a 14 day initial period, followed by seven days for rebuttal and seven days for applicant's final rebuttal. On August 9, I received via staff a request from the applicant to extend the initial period to 21 days. I agreed, subject to the applicant concurring in extending the second period to 14 days. Accordingly, on August 10, signed an order establishing the following open record periods: • • • First round of submittals to close at 5:00 p.m. on August 29, 2017 Second round (rebuttal to information provided in first round) to close at 5:00 p.m. on September 12, 2017 Applicants' rebuttal argument (unless waived) due at 5:00 p.m. on September 19, 2015. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 7 On September 12, the applicant attempted to submit additional information via email but the information was not received by the County server until 5:16. The applicant withdrew its request that the submittal be considered and I have not reviewed those items. III. FINDINGS: Title 18 of the Deschutes County Code A. Chapter 18.32, Multiple Use Agricultural — MUA 1. Section 18.32.030. Conditional Uses Permitted. I. Private parks, playgrounds, hunting and fishing preserves, campgrounds, motorcycle tracks and other recreational uses. U. Bed and breakfast inn. FINDING: The applicant submitted conditional use applications to establish both a private campground and a bed and breakfast inn. Deschutes County Code (DCC) 18.04.030 provides the following definition of campground, "Campground" means an area devoted to overnight, temporary use for vacation, recreational or emergency purposes, but not for residential purposes and is established on a site or is contiguous to lands with a park or other outdoor amenity that is accessible for recreational use by the occupants of the campground. It is also where facilities are provided to accommodate camping for two or more tents, travel trailers, yurts or recreational vehicles. A campground shall not include campsite utility hook-ups, intensely developed recreational uses such as swimming pools or tennis courts or commercial activities such as retail stores or gas stations. A private campground may provide yurts for overnight camping. The yurt shall be located on the ground or on a wood floor with no permanent foundation. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt. Overnight temporary use in the same campground by a camper or camper's vehicle shall not exceed a total of 30 days during any consecutive 6 month period. The applicant proposes a campground for overnight, temporary use for vacation and recreation purposes. The subject property is contiguous to Smith Rock State Park. The campground as originally proposed features 6 camp sites, each with 2 tent sites, for a total of 12 tent sites. As discussed later, the applicant subsequently offered various modifications to the location of the campsites and number of tent sites. No utility hook-ups or intensely developed recreational uses such as swimming pools or tennis courts, or commercial activities such as retail stores or gas stations, are proposed. The proposed bed and breakfast facility, however, includes interior and exterior cooking areas and "gathering space". If the applications are approved, staff recommends a condition of approval limiting overnight temporary use by a camper not to exceed a total of 30 days during any consecutive 6 -month period. Deschutes County Code (DCC) 18.04.030 provides the following definition of bed and breakfast inn: "Bed and breakfast inn" means a single family dwelling unit where lodging and meals are provided for compensation, in which no more than three guest rooms Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 8 are provided for no more than eight guests. A guest shall not rent for a time period longer than 30 consecutive days. The applicant proposes to replace the existing single-family dwelling with a new single-family dwelling consisting of 1 caretaker bedroom, 3 B&B guest bedrooms, 3 showers, dining room, living room, kitchen, covered outdoor eating area, and outdoor gathering area. The Burden of Proof states the 3 guest rooms will accommodate up to 8 guests for a duration of 30 days or Tess. If approved, staff recommends a condition of approval limiting the B&B to no more than 8 guests at any time, with each guest limited to no more than 30 consecutive days. Based on the above, the applicant's proposal meets the definitions of campground and bed and breakfast inn. Hearings Officer: Many of the commenters who object to the campground indicated that they had no objection to the "bed and breakfast". Others argued that the two facilities constitute more of a commercial use such as a hotel. Staff uses the "hotel" classification to address impacts where there is no guidance regarding bed and breakfasts. I think there is a significant issue as to whether the proposed building qualifies as a "bed and breakfast". The definition states that "lodging and meals are provided for compensation". (Emphasis added) I have seen nothing in the submittal indicating that the facility intends to provide any meals. Perhaps it is implicit; in any event this can be solved by a condition of approval requiring that breakfast be provided to guests of the dwelling. Another issue is whether the proposed structure is a single family dwelling unit. The Code defines "Dwelling, single family" as a detached building containing one dwelling unit and designed for occupancy by one family only. "Dwelling unit means one or more rooms in a building designed for occupancy by one family and having not more than one cooking area or kitchen." Occupancy is not defined. Cf. Chapter 4.08.050 (lodging or sleeping purposes). "Family" is defined to include a group of five unrelated persons living together as one housekeeping unit using a common kitchen." Of course, in reality there are many "single family" homes that are much larger than what is proposed, with more residents, bedrooms and multiple kitchens, including commercial type kitchens and outdoor kitchens. So in application "single family dwelling" seems to have little meaning in the context of a bed and breakfast. It appears that a bed and breakfast may have up to 8 overnight guests in addition to the "family" (i.e. on- site staff residents) and only one kitchen facility. The proposal is for no more than three rooms and eight guests. Unless a meal is provided, it appears more like a "boarding house" which is a building where "meals or lodging" are provided for compensation for more than four persons. Neither hotel/motels nor boarding houses are allowed in the MUA zone. The limitation on guests for a bed and breakfast applies only to overnight lodgers, so does not appear to preclude additional guests, i.e. the campers, using the kitchen or bathroom facilities. Although some commenters suggested that the proposed structure does not look like a dwelling, it meets all dimensional standards and at 2000 square feet +/- is smaller than many dwellings and only 10% larger than the existing dwelling. On balance, I find that the proposal qualifies as a single family residential bed and breakfast inn provided the applicant complies with the following conditions of approval: Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 9 • Breakfast must be provided daily for overnight lodgers of the inn at no extra charge. No other meals are permitted and meals may not be provided to any persons other than overnight lodgers in the bed and breakfast. • No food or beverage items may be sold on the subject property. • Only one kitchen is permitted, which must be in the structure. This does not preclude a barbecue, sink or the outdoor use of gas stoves on the concrete patio. 2. Section 18.32.040. Dimensional Standards. In an MUA Zone, the following dimensional standards shall apply: D. Building height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed by DCC 18.120.040. FINDING: Per the Burden of Proof statement, the highest potential point' of the structure would be the chimney. According the exterior elevations plan, the chimney would be approximately 26 in height. This criterion will be met. 3. Section 18.32.050. Yards. A. The front yard setback from the property line shall be a minimum of 20 feet for property fronting on a local street right of way, 30 feet from a property line fronting on a collector right of way, and 80 feet from an arterial right of way unless other provisions for combining accesses are provided and approved by the County. B. Each side yard shall be a minimum of 20 feet. For parcels or lots created before November 1, 1979, which are one-half acre or less in size, the side yard setback may be reduced to a minimum of 10 feet. For parcels or lots adjacent to property receiving special assessment for farm use, the adjacent side yard for a dwelling shall be a minimum of 100 feet. C. Rear yards shall be a minimum of 25 feet. Parcels or lots with rear yards adjacent to property receiving special assessment for farm use, the rear yards for a dwelling shall be a minimum of 100 feet. D. The setback from the north lot line shall meet the solar setback requirements in DCC 18.116.180. E. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. FINDING: The subject property has frontage on NE Crooked River Drive, which is classified as a collector requiring a 30 -foot front yard setback from NE Crooked River Drive. The property also has frontage on NE Smith Rock Loop, which is classified as a local road requiring a 20 -foot front yard setback from NE Smith Rock Loop. The remaining south property line is the rear property line. Pursuant to criterion (C), the rear yard setback for a dwelling is 25 feet and increases to 100 feet for dwellings if the adjacent property is receiving special assessment for 1 The floor plan and exterior elevations indicate a "potential fireplace." For the purposes of this review, staff uses this highest potential point of the structure, the chimney, for all height calculations, including the required height calculation in the LM Combining Zone. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 10 farm use. The adjacent property to the south, the Gibson property, is not receiving special assessment for farm use. Therefore, the required rear yard setback is 25 feet for all structures. For the purposes of this review, staff finds the subject property has no side property lines. Based on staffs review of the architectural site plan, the closest structure to NE Crooked River Drive will be the replacement dwelling (B&B) at approximately 102 feet. The closest structure to NE Smith Rock Loop will be the composting toilet at approximately 120 feet. The closest structure to the south property line will be the replacement dwelling at approximately 45 feet. Staff finds the proposal will meet all required yard setbacks. Solar setbacks are measured from north property lines2 as defined in DCC 18.04. Based on staff's review of partition plat PP2017-10, only the segment of NE Smith Rock Loop frontage beginning at the intersection with NE Crooked River Drive and terminating 269.93 feet to the southeast, is a north property line. The tallest proposed structure is the replacement dwelling at approximately 26 feet tall, requiring a solar setback of 51 feet. As proposed, the replacement dwelling will observe a setback of approximately 150 feet from NE Smith Rock Loop. The required solar setback will be met. The Building Division did not identify any greater setbacks required by applicable building or structural codes. Any greater such setbacks will be addressed during building permit review. B. Chapter 18.84, Landscape Management Combining Zone — LM Zone 1. Section 18.84.020. Application of Provisions. The provisions of this chapter shall apply to all areas within one-fourth mile of roads identified as landscape management corridors in the Comprehensive Plan and the County Zoning Map. The provisions of this chapter shall also apply to all areas within the boundaries of a State scenic waterway or Federal wild and scenic river corridor and all areas within 660 feet of rivers and streams otherwise identified a landscape management corridors in the comprehensive plan and the County Zoning Map. The distance specified above shall be measured horizontally from the centerline of designated landscape management roadways or from the nearest ordinary high water mark of a designated landscape management river or stream. The limitation in this section shall not unduly restrict accepted agricultural practices. FINDING: Both the Crooked River and NE Crooked River Drive are identified on the County Zoning Map as landscape management features. Therefore, the provisions of this chapter apply. Staff notes the LM Zone associated with the Crooked River only covers the northwestern portion of the property. Based on staffs review of the LM Zone in relation to the site plan, staff finds all structures will be sited outside of the Crooked River LM Zone. For this reason, staff analyzes compliance with the LM Zone only with respect to NE Crooked River Drive. 2 "North lot line" means a lot line that requires solar access protection, as specified in DCC 18.116.180, that is 45 degrees or more from a north south axis as determined by a metes and bounds description established on a County Assessor's tax lot map, verified by a survey filed with the County Surveyor or established by an official plat recorded in the County Clerk's Office. If more than one north lot line exists for a parcel or lot, solar protection shall be required for each line and the most restrictive solar setback must be met. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 11 2. Section 18.84.040. Uses permitted conditionally. Uses permitted conditionally in the underlying zone with which the LM Zone is combined shall be permitted as conditional uses in the LM Zone, subject to the provisions in DCC 18.84. FINDING: The proposed B&B and campground are permitted conditionally in the underlying MUA10 Zone and are, therefore, allowed conditionally in the LM Zone. 3. Section 18.84.050. Use Limitations. A. Any new structure or substantial alteration of a structure requiring a building permit, or an agricultural structure, within an LM Zone shall obtain site plan approval in accordance with DCC 18.84 prior to construction. As used in DCC 18.84 substantial alteration consists of an alteration which exceeds 25 percent in the size or 25 percent of the assessed value of the structure. FINDING: The applicant proposes a replacement dwelling that requires a building permit. Therefore, approval in accordance with DCC 18.84 is required. The proposed pump house and composting toilet will not require building permits. 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. FINDING: Based on a staff site visit and the submitted application materials, the proposed replacement dwelling will be visible, to varying degrees, from NE Crooked River Drive. Therefore, the provisions of DCC 18.84.080 (Design Review Standards) and DCC 18.84.090 (Setbacks) apply. 4. Section 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. FINDING: Based on staff's review of the landscape plan, a number of trees will be retained on- site. If approved, staff recommends a condition of approval to ensure compliance. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 12 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. FINDING: The applicant proposes to use wall finishes consisting of red cedar siding, non - reflective grey stucco or cement board, and non -reflective grey flashing and windows. Staff finds these colors and finishes will blend with the surrounding vegetation and landscape. This criterion will be met. C. No large areas, including roofs, shall be finished with white, bright or reflective materials. Roofing, including metal roofing, shall be non -reflective 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. FINDING: The applicant is not proposing any large areas finished with white, bright, or reflective materials. The proposed roofing will consist of non -reflective grey roof panels and red cedar roof soffits. The applicant states that because the roof will slope down toward the south, the metal roofing will not be visible from NE Crooked River Drive. Staff finds the roofing will blend with the surrounding vegetation and landscape. This criterion will be met. D. Subject to applicable rimrock setback requirements or rimrock setback exception standards in DCC 18. 84.090(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. FINDING: The subject property does not contain rimrock as defined in DCC 18.04.030. Based on the submitted site plan and a staff site visit, the proposed replacement dwelling will be sited to take advantage of existing and proposed tree cover to reduce visual impacts as seen from NE Crooked River Drive. This criterion will be met. 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 roof of the structure. DCC 18.84.080(E) shall not apply to agricultural structures located at least 50 feet from a rimrock. FINDING: The proposed replacement dwelling will have a maximum potential height of 26 feet as measured from natural grade on the side facing NE Crooked River Drive. This criterion will be met. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 13 F. New residential or commercial driveway access to designated landscape management roads shall be consolidated wherever possible FINDING: The applicant proposes to use the existing driveway from NE Crooked River Drive. No new access onto NE Crooked River Drive is proposed. This criterion is met. 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. FINDING: Based on staffs review of the sight lighting photometric plan and exterior lighting specification sheet, the applicant proposes a combination of bollard lights for the parking lot, campground and pedestrian walkways, and in -ground lights for the entrance sign. The submittals indicate that the proposed lighting will be sited and shielded so that they will not be visible from NE Crooked River Drive. If the applications are approved, staff recommends a condition of approval to ensure compliance. Hearings Officer: To help address concerns about nighttime impacts, I have modified the suggested condition to require motion activated lighting unless inconsistent with safety regulations. 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)) FINDING: The applicant proposes a significant amount of introduced landscaping to comply with this criterion. If the applications are approved, staff recommends a condition of approval requiring the implementation and maintenance of the landscaping shown in the applicant's landscape plan. Hearings Officer: Some commenters expressed concerns about the establishment and long- term maintenance of the vegetation. I find nothing in the record suggesting that it is not feasible to implement and maintain the landscaping proposed. But in this case, more than most, the landscaping plays a critical role in buffering and reducing impacts. Accordingly, it is appropriate to require the applicant to demonstrate compliance until an establishment period is completed and a condition to that effect is imposed. L No signs or other forms of outdoor advertising that are visible from a designated landscape management river or stream shall be permitted. Property protection signs (No Trespassing, No Hunting, etc.,) are permitted. FINDING: The subject property is not adjacent to a designated landscape management river or stream. This criterion does not apply. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 14 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, Whychus Creek and Tumalo Creek. Conservation easements required as a condition of landscape management site plans shall not require public access. FINDING: The subject property is not adjacent to the waterways identified above. This criterion does not apply. 5. Section 18.84.090. Setbacks. A. Except as provided in DCC 18.84.090, minimum setbacks shall be those established in the underlying zone with which the LM Zone is combined. FINDING: Conformance with the setback standards of the underlying MUA10 Zone are addressed above. This criterion will be met. B. Road Setbacks. All new structures or additions to existing structures on lots fronting a designated landscape management road shall be set back at least 100 feet from the edge of the designated road right-of-way unless the Planning Director or Hearings Body finds that: ... FINDING: The subject property has frontage on NE Crooked River Drive, a designated Landscape Management road. As noted above, the closest structure to NE Crooked River Drive will be the replacement dwelling at approximately 102 feet. This criterion will be met. 6. Section 18.84.095. Scenic Waterways. Approval of all structures in a State Scenic Waterway shall be conditional upon receipt of approval of the Oregon Department of Parks and Recreation. FINDING: Per the Oregon Park and Recreation Department, the subject property is not located within a State Scenic Waterway. This criterion does not apply. C. Chapter 18.90, Sensitive Bird and Mammal Habitat Combining Zone - SBMH 1. Section 18.90.020. Definition of Sensitive Habitat Area. A. The sensitive habitat area is the area identified in the Deschutes County Comprehensive Plan Resource Element inventory and site specific ESEE for each sensitive bird or mammal site. The sensitive habitat area to be protected by the provisions of DCC 18.90 is defined as the area: 1. Within a radius of 1,320 feet of a golden eagle, bald eagle, prairie falcon nest, sage grouse lek, or a Townsend's big eared bat hibernating or nursery site. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 15 2. Within a radius of 300 feet of a great blue heron rookery or osprey nest. 3. Within a radius of 900 feet of a great grey owl nest site. B. Inventoried sensitive bird or mammal sites located on federal land are not subject to the provisions of DCC 18.90 unless the sensitive habitat area identified in DCC 18.90.020(A)(1) extends onto nonfederal land. 2. Section 18.90.030. Limitations and Uses Permitted. A. Uses permitted in the underlying zone(s) are permitted or conditionally permitted in the Sensitive Bird and Mammal Combining Zone subject to the additional procedure and requirements of DCC 18.90.040 and the provisions of the ESEE decision. The Sensitive Bird and Mammal Habitat Combining Zone does not regulate or prohibit forest practices subject to ORS 527.610 to 527.770 and the rules adopted pursuant thereto; or to farm practices as defined by ORS 30.930(2). B. When there is a conflict between the site specific ESEE analysis and the provisions of DCC Title 18, the site specific ESEE analysis shall control. FINDING: The proposed B&B and campground are conditionally allowed in the underlying MUA10 Zone and are, therefore, allowed conditionally in the SBMH Zone. The provisions of the relevant Economic, Social, Environmental, and Energy (ESEE) decision are addressed below. 3. Section 18.90.040. Applicability. Review under DCC 18.90 shall be triggered by the occurring within a sensitive habitat area, as defined in A. An application for a building permit for a new to an existing structure; B. Land divisions creating new lots or parcels habitat area; C. An application for a conditional use permit; or D. An application for site plan approval. following proposals DCC 18.90.020: structure or addition within the sensitive FINDING: Based on staff's review of the sensitive habitat area defined above and mapped in the county's GIS layer, a small portion of the southwest corner of the property falls within the SBMH Zone. Although no structures are proposed within the SBMH Zone, the subject conditional use and site plan applications cover the entire property. For this reason, staff finds compliance with Chapter 18.90 is required. 4. Section 18.90.050. Site Plan Review Requirement. A. For those proposals identified in DCC 18.90.040 to be sited within an inventoried sensitive habitat area, as defined under DCC 18.90.020, a site plan shall be prepared in accordance with the requirements of DCC 18.90.050. The site plan shall be approved prior to issuance of a building permit, land division, conditional use permit or site plan identified in DCC 18.90.040. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 16 FINDING: The applicant has submitted a site plan for review pursuant to applicable criteria in Chapter 18.90. B. The site plan application shall provide the following information: 1. A plot plan showing the location of all development including existing and proposed roads, driveways and structures. 2. Description of operating characteristics of the proposed use including times when activity within the sensitive habitat area would generate noise, dust, vibration, lights, traffic or be visible from the nest, lek, rookery or hibernation site. 3. Timing of construction activities including grading or filling land, hauling materials and building. 4. Description of existing vegetation and vegetation to be removed for the proposed development. FINDING: The Burden of Proof includes information addressing criteria 1, 2 and 4. With respect to criterion 2, staff finds there will be no proposed activity areas within the SBMH Zone. Work within the SBMH Zone appears to be limited to proposed landscaping and installation of a split rail fence. The applicant indicates landscaping installation will likely occur in the spring or fall. Staff finds the operating characteristics of the B&B and campground within the SBMH Zone will not generate noise, dust, vibration, lights or traffic. While the landscaping and fencing may be visible from the nests identified in ODFW's letter dated May 12, 2017, staff does not anticipate any impacts to sensitive habitat areas due to landscaping or fencing. Staff notes that comments from ODFW indicate no anticipated impacts from the proposal as a whole to the identified nests and raptor species. This criterion is met. Hearings Officer: As discussed below, a number of commenters raised credible, legitimate concerns about noise, particularly from the campground. But those comments were exclusively or nearly exclusively limited to impacts on nearby residences and neighborhood livability. There is no evidence to contradict the ODFW conclusion. C. The County shall submit a copy of the site plan to the Oregon Department of Fish and Wildlife for comment. ODFW shall have 20 days from the date the site plan is mailed to submit written comments to the County. FINDING: The Planning Division supplied ODFW with the notice of application. As noted above, ODFW submitted a comment letter into the record. This criterion is met. D. Based upon the record, and evaluation of the proposal based on the criteria in DCC 18.90.060, and conformance with the ESEE analysis for the site contained in the Resource Element of the Comprehensive Plan, the County shall approve or reject the site plan. In lieu of rejection of the site plan, the County may allow the applicant to revise the site plan if the applicant has not met the standards for approval. Applicant shall waive the 120 day time limit if it chooses to revise the site plan. FINDING: Included in the record is Deschutes County Ordinance 94-004, adopting the ESEE analyses for sensitive bird and mammal habitat sites, and the ESEE Findings and Decision for prairie falcon site DE0794-00. Although a number of other nest sites, both prairie falcon and golden eagle, are in the area, only the SBMH Zone associated with site DE0794-00 covers any Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 17 portion of the subject property. Therefore, staff addresses conformance with applicable elements of the DE0794-00 ESEE below. The ESEE for site DE0794-00 includes a Program to Meet Goal 5 section which details requirements for development within the SBMH Zone associated with this site. The requirements relevant to the proposal3 are: 1. Site plan review under Section 18.90 of Title 18, Sensitive Bird and Mammal Habitat Combining Zone, shall be required for all conditional uses occurring with the sensitive habitat area as designated on Exhibit 'A'. FINDING: As required by the ESEE and DCC 18.90, the applicant's proposal is being reviewed for conformance under DCC 18.90. This requirement is met. 3. Construction activities for expansion, maintenance, replacement of existing structures or construction of new structures requiring a building permit from the Deschutes County Community Development Department or septic installation requiring a permit from the Environmental Health Division"' shall be prohibited during the nesting season from March 1 through August 1. Maintenance and repair of existing structures not requiring a construction permit, permitted work conducted within a closed structure, or repair of a failing septic system are exempt from this requirement. Construction activity subject to a construction permit from the Community Development Department or a septic installation permit from the Environmental Health Division may occur after May 1, if ODFW determines in writing that the nest site is not active or that the young birds have fledged. FINDING: Based on staff's review of the site plan, neither the replacement dwelling nor the septic system will be located within the SBMH Zone. Limitation on timing of construction activities is not required. 4. Nonfarm partitions which would create new parcels for residential use or for campgrounds shall be prohibited within the sensitive habitat area in Township 14S, Range 13E, Section 2, 10 or 11. FINDING: As noted above, work within the SBMH Zone will be limited to landscaping and fencing. The campground use and tent sites will be located outside of the SBMH Zone. For this reason, staff finds the proposed campground is not prohibited by the ESEE. Based on the above, staff finds the proposal will conform to the relevant requirements of the DE0794-00 ESEE. E. Approval of a site plan under DCC 18.90.050 shall be conditioned upon applicant's implementation of the plan. FINDING: All necessary conditions of approval associated with DCC 18.90.050 will be included in any approval of the proposed B&B and campground. 3 Requirement 2 of the ESEE pertains to site DE0794-01. Requirement 5 is associated with development within Smith Rock State Park. Staff finds these requirements are not relevant to the subject property or the proposal. 4 The former Environmental Health Division is now named the Environmental Soils Division. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 18 5. Section 18.90.060. Site Plan Review Criteria. Approval of site plan shall be based on the following criteria: A. The site plan shall consider the biology of the identified sensitive species, nesting trees, critical nesting periods, roosting sites and buffer areas. Based on the biology of the species and the characteristics of the site, the site plan shall provide protection that will prevent destruction of the subject nesting site, lek, hibernation site or rookery and will, to a reasonable certainty, avoid causing the site to be abandoned. FINDING: As noted in the ODFW comments, no impacts to sensitive raptor species are expected to occur as a result of the proposed development. No sensitive mammal species were identified by ODFW. This criterion will be met. B. Development activities, including grading and fill, mining, construction, or activities generating noise or dust within the sensitive habitat area shall be prohibited during the nesting, strutting or hibernation season identified in the site specific ESEE analysis and decision for each habitat site. An exception to this standard may be made if the Oregon Department of Fish and Wildlife determines in writing that the nest, lek or rookery is not active and will not become active during the proposed construction period or if the sensitive birds have fledged. Construction activities within an enclosed structure may be conducted during the nesting, strutting or hibernation season. Construction activities necessary to repair an existing septic system or to replace or repair a structure destroyed or damaged by fire or other natural causes may be conducted during the nesting, strutting or hibernation season. FINDING: The only proposed development activities within the SBMH Zone are landscaping and fencing. If the applications are approved, staff recommends a condition of approval prohibiting development activities from March 1 to August 1. C. New roads, driveways or public trails shall be located at the greatest distance possible from the nest, lek, rookery or hibernation site unless topographic or vegetation or structural features will provide greater visual and/or noise buffer from the nest, lek, rookery or hibernation site. FINDING: No new roads or public trails are proposed. Improvement and paving of the drive aisle from NE Crooked Drive is proposed. However, this construction activity will be located just outside of the SBMH Zone. This criterion will be met. D. Existing vegetation or other landscape features which are located on the subject property and which obscure the view of the nest, rookery, lek or hibernation site from the proposed development, shall be preserved and maintained. A restrictive covenant to preserve and maintain vegetation shall be required when specified in the ESEE for the site. FINDING: No vegetation or other landscape features which obscure the view of the nest from the proposed development exist on-site. Staff notes the applicant proposes landscaping outside Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 19 of the SBMH Zone which will provide some visual buffering from the nest. This criterion does not apply. E. No partitions or subdivisions shall be permitted which would force location of a dwelling or other structure, not otherwise permitted by the site specific ESEE, within the designated sensitive habitat area. FINDING: The applicant does not propose a partition or subdivision. This criterion does not apply. F. All exterior lighting, including security lighting shall be sited and shielded so that the light is directed downward and does not shine on the subject nest, rookery, lek or hibernation site. FINDING: None of the proposed lighting will be located within the SBMH Zone. This criterion does not apply. G. The site plan shall conform with the requirements of the ESEE decision for the subject sensitive bird or mammal site contained in the Resource Element of the Deschutes County Comprehensive plan. FINDING: As discussed above, staff finds the proposal will conform to the relevant requirements of the DE0794-00 ESEE. This criterion will be met. D. Chapter 18.116, Supplementary Provisions 1. Section 18.116.030. Off-street Parkina and Loading. 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: 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 subject to the following table: 1 Sq. Ft. of Floor Area No. of Berths Required 1 1 Less than 30,000 0 1 1 30,000 —100,000 1 1 1 100,000 and Over 2 1 FINDING: Staff finds the proposed B&B is analogous to a hotel facility. The replacement dwelling will be 2,200 square feet in size. Therefore, staff finds no loading berths are required. 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 Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 20 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: 2. Commercial Residential. Hotel 1 space per guest room plus 1 space per 2 employees 9. 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. FINDING: Staff finds the B&B is analogous to a hotel facility. Based on the parking ratio identified above, the B&B use will require 3 parking spaces for the 3 guest rooms and 1 parking space for the caretaker, for a total of 4 B&B parking spaces. A campground is not a use listed in Section D. For this reason, staff finds it is appropriate to determine the correct parking calculation pursuant to subsection (9). Staff finds the appropriate parking ratio is 1 space per tent site. The applicant proposes a total of 12 tent sites which will require 12 parking spaces for the campground use. Consequently, staff finds the total parking requirement for the B&B and campground uses is 16 parking spaces. The applicant proposes 17 parking spaces. This criterion will be met. Hearings Officer: Several commenters expressed concerns about parking, including that current park users park on roadways, shoulders and private property. There is nothing in the record, however, suggesting that a more parking intensive category exists. Staff essentially is treating each tent as a hotel room for parking, which appears reasonable. It is very difficult for any property owner to regulate off-site parking by guests. Given the current and anticipated usage of the park, off-site parking for this use, if any, will have negligible impact. This criterion is met. 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. FINDING: The applicant proposes two uses on the subject property. As discussed above, the applicant can accommodate the sum of the parking requirement for both uses on the subject property. This criterion will be met. 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 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, Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 21 lease, contract or other appropriate written document to establish the joint use. FINDING: The applicant does not propose to use parking space jointly for the two uses. This criterion does not apply. 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. FINDING: All required parking will be located on the same parcel as the use. This criterion will be met. 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. FINDING: If approved, staff recommends a condition of approval to ensure compliance. 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. FINDING: According to the site plan, the westernmost parking space will be located within the front yard setback associated with NE Crooked River Drive. The BoP indicates this space will be reserved for the caretaker of the B&B. For this reason, the applicant argues this westernmost parking space is for residential use and not for commercial use. Staff asks the Hearings Officer to determine if this criterion will be met. Staff notes that the easternmost portion of the parking lot encroaches into the front yard setback associated with NE Smith Rock Loop. However, this portion of the parking lot is backup space rather than vehicular parking space. For this reason, staff finds this area of the parking lot conforms to this standard. Hearings Officer: By definition a bed and breakfast inn is in a single-family dwelling. There is one "family" (resident) and up to eight guests. The caretaker is the resident. So it is not multi- family. But neither is it solely residential. It is a mixed commercial/residential use. This is a separate category for purposes of the minimum parking requirements. Apparently, single family Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 22 dwellings are not prohibited from having a parking space in the front yard setback. I think the only way to reconcile these is to conclude, as the applicant asserts, that the one parking spot for the resident staff person may encroach as shown in the parking plan. Although not required, the applicant has offered to include additional landscaping which will be a condition of approval. 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. FINDING: The proposed parking lot will be sited in the northern portion of the property. This area is bordered by NE Crooked River Drive to the northwest and NE Smith Rock Loop to the northeast. To the northeast and east, across NE Smith Rock Loop are residential uses. The project includes significant landscaping, including trees and shrubs, which will provide some screening and buffering of the parking lot. To the south is the adjacent Gibson property which is in residential use. The residential use on the Gibson property will be screened and buffered from the parking lot by proposed landscaping, the 7 -foot -tall wood screening fence, and the replacement dwelling. This criterion will be met. 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. FINDING: Per the site lighting photometric plan, no parking area lighting will project onto any adjoining property in a residential zone. This criterion will be met. 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. FINDING: The parking lot will be accessed from NE Crooked River Drive. The proposed driveway will provide at least 50 feet of queuing length between Crooked River Drive and the first parking stall. Staff finds this distance will prevent the need to back vehicles onto Crooked River Drive. This criterion will be met. 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 Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 23 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. FINDING: The applicant proposes a paved drive aisle and paved parking spaces. The drainage plan and utility plan indicate stormwater flow will be contained on-site. If the applications are approved, staff recommends a condition of approval requiring the paved vehicular surfaces to be adequately maintained for all-weather use and drained to contain flow of water on-site. 5. Access aisles shall be of sufficient width for all vehicular turning and maneuvering. FINDING: Table 1, Off -Street Parking Lot Design, of this chapter requires a 24 -foot -wide access aisle for two-way traffic. Based on staffs review of the site plan, the access aisle for the parking lot will be 24 feet in width. This criterion will be met. 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. FINDING: The project will improve and expand the existing driveway from NE Crooked River Drive, which is the minimum necessary to serve the proposed uses. As noted above, the driveway will meet the minimum 24 -foot aisle width for two-way traffic. The drive aisle is separated from the pedestrian walkways by landscaping and fencing, providing for the safety of pedestrians on-site. The proposed driveway includes split -rail fencing along a portion of the drive aisle. Staff notes that while the fencing along the north side of the drive aisle extends from Crooked River Drive to the first north -facing parking stall, the fencing along the south side of the driveway does not extend all the way from Crooked River Drive to the first south -facing parking stalls. To meet this criterion and ensure the drive aisle is clearly marked, staff recommends a condition of approval requiring the applicant to extend the fencing along the south side of the driveway to the first south -facing stalls. 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. FINDING: Based on staff's review of the site plan, the proposed 4 -foot -tall entrance sign, a portion of the split -rail fence, and few proposed shrubs will be located in the clear vision area at the intersection of the driveway and NE Crooked River Drive. Per DCC 18.116.020, Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 24 18.116.020. Clear Vision Areas. A. In all zones, a clear vision area shall be maintained on the corners of all property at the intersection of two streets or a street and a railroad. A clear vision area shall contain no planting, fence, wall, structure, or temporary or permanent obstruction exceeding three and one-half feet in height, measured from the top of the curb or, where no curb exists, from the established street centerline grade, except that trees exceeding this height may be located in this area provided all branches and foliage are removed to a height of eight feet above the grade. Based on this section, no planting greater than 3.5 feet in height can be within a clear vision area For this reason, staff recommends a condition of approval requiring the applicant to revise the landscape plan to specify plant species to be used in the clear vision area that will not exceed 3.5 feet in height at maturity. This section also prohibits fencing greater than 3.5 feet in height within the clear vision area. Staff notes that under DCC 18.116.120, the following fencing standard applies within a clear vision area. 18.116.120. Fences. A. Fences which form a solid barrier or are sight obstructive shall not exceed three and one-half feet in height when located in a required front yard or in a clear vision area. (Emphasis added) Staff reads both provisions together to allow fencing greater than 3.5 feet in height as long as the fencing is not sight -obstructive. Staff finds the proposed split -rail fencing is not sight - obstructive and, therefore, can be allowed within a clear vision area. With respect to the proposed entrance sign, the applicant can decrease the height of the sign to no greater than 3.5 feet, or the applicant can propose a location outside of the required clear vision area. Staff asks the applicant to respond to this issue. Staff notes that at this time, the applicant has not submitted an application for a monument sign. If the applications are approved, staff recommends a condition of approval requiring the applicant to secure sign permit approval prior to installation of the entrance sign. 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. FINDING: Per the grading and drainage plan, all parking spaces facing the northwestern property line along NE Crooked River Drive will be contained by a 12 -inch concrete curb. No other parking spaces will be sited such that a vehicle could extend into a roadway or over a property line. This criterion will be met. 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) Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 25 FINDING: The proposed drive aisle will have the minimum 24 -foot width in Table 1. Based on the site plan, all proposed vehicular parking spaces will meet the minimum 9 -foot -wide by 20 - foot -long parking stall dimensions in Table 1. This criterion will be met. 2. Section 18.116.031. Bicycle Parking. New development and any construction, renovation or alteration of an existing use requiring a site plan review under DCC Title 18 for which planning approval is applied for after the effective date of Ordinance 93-005 shall comply with the provisions of DCC 18.116.031. A. Number and Type of Bicycle Parking Spaces Required. 1. General Minimum Standard. a. All uses that require off-street motor vehicle parking shall, except as specifically noted, provide one bicycle parking space for every five required motor vehicle parking spaces. FINDING: The applicant proposes a bed and breakfast inn and a campground. Per subsection (4) (b) below, the total bicycle parking requirement is calculated based on the total vehicle parking for all uses. Staff finds the B&B is a commercial use for the purposes of this criterion and, therefore, is subject to the commercial use standard under subsection (2)(b) below, rather this the general standard detailed above. As noted above, the B&B use requires 4 total vehicular parking spaces. Per the commercial standard under (2) (b), and rounding up fractional spaces per subsection (4) (a), staff finds the B&B use will require 1 bicycle parking space. The required campground vehicular parking is 12 spaces. Staff is unsure if the campground use should be classified as a commercial use for the purposes of this criterion, or be subject to the general requirement because it is more closely akin to a recreational use. As a commercial use, the required bicycle parking for the campground will be 2 bicycle spaces. Under the general requirement, the required bicycle parking for the campground will be 3 spaces. Based on the above, the combination of B&B and campground uses will require either 3 or 4 bicycle parking spaces. Per the site plan, the applicant proposes 4 bicycle parking spaces. For this reason, staff finds this criterion will be met regardless of the bicycle parking calculation. b. Except as specifically set forth herein, all such parking facilities shall include at least two sheltered parking spaces or, where more than 10 bicycle spaces are required, at least 50 percent of the bicycle parking spaces shall be sheltered. FINDING: As noted above, the proposal will require either 3 or 4 bicycle parking spaces. Therefore, the maximum number of required covered bicycle spaces is 2. The applicant proposes 2 sheltered bicycle spaces under the covered terrace adjacent to the B&B structure. This criterion will be met. c. When the proposed use is located outside of an unincorporated community, a destination resort, and a rural commercial zone, exceptions to the bicycle parking standards may be authorized by the Planning Director or Hearings Body if the applicant demonstrates one or more of the following: Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 26 i The proposed use is in a location accessed by roads with no bikeways and bicycle use by customers or employees is unlikely. ii. The proposed use generates less than 50 vehicle trips per day. iii. No existing buildings on the site will accommodate bicycle parking and no new buildings are proposed. iv. The size, weight, or dimensions of the goods sold or unlikely. v. The use of the site requires equipment that makes it unlikely that a bicycle would be used to access the site. Representative examples would include, but not be limited to, paintball parks, golf courses, shooting ranges, etc. FINDING: The applicant does not propose an exception to the bicycle parking standards. These criteria do not apply. 2. Special Minimum Standards. a. Multi -Family Residences. Every residential use of four or more dwelling units shall provide at least one bicycle parking space for each unit. In those instances in which the residential complex has no garage, required spaces shall be sheltered. FINDING: The proposed use is not a multi -family residence. This criterion does not apply. b. Parking Lots. All public and commercial parking lots and parking structures shall provide a minimum of one bicycle parking space for every 10 motor vehicle parking spaces. FINDING: As discussed above, staff finds the applicant will meet the minimum bicycle parking requirement. This criterion will be met. c. Schools. Schools, both public and private, shall provide one bicycle parking space for every 25 students, half of which shall be sheltered. FINDING: The proposed use is not a school. This criterion does not apply. d. Colleges. One-half of the bicycle parking spaces at colleges, universities and trade schools shall be sheltered facilities. FINDING: The proposed use is not a college. This criterion does not apply. 3. Trade Off with Motor Vehicle Parking Spaces. a. One motor vehicle parking space may be deleted from the required number of spaces in exchange for providing required bicycle parking. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 27 b. FINDING: The applicant does not criterion does not apply. 4. Calculating a. i. Any deleted motor vehicle space beyond the one allowed above shall be replaced with at least one bicycle spaces. H. If such additional parking is to be located in the area of the deleted automobile parking space, it must meet all other bicycle parking standards. The Hearings Body or Planning Director may authorize additional bicycle parking in exchange for required motor vehicle parking in areas of demonstrated, anticipated, or desired high bicycle use. propose to reduce vehicular parking for bicycle parking. This number of bicycle spaces. Fractional spaces shall be rounded up to the next whole space. FINDING: As noted above, fractional spaces for the required bicycle parking were rounded up. b. For facilities with multiple uses (such as a commercial center) bicycle -parking requirements shall be calculated by using the total number of motor vehicle spaces required for the entire development. FINDING: As discussed above, the required bicycle parking is calculated using the total number of required vehicle parking spaces. This criterion will be met. B. Bicycle Parking Design. 1. General Description. a. Sheltered Parking. Sheltered parking may be provided within a bicycle storage room, bicycle locker, or racks inside a building; in bicycle lockers or racks in an accessory parking structure; underneath an awning, eave, or other overhang; or by other facility as determined by the Hearings Body or Planning Director that protects the bicycle from direct exposure to the elements. b. Unsheltered parking may be provided by bicycle racks. FINDING: The applicant proposes to locate the 2 covered bicycle parking spaces under the covered terrace adjacent to the B&B structure. This criterion will be met. 2. Location. a. Required bicycle parking that is located outdoors shall be located on-site within 50 feet of main entrances and not farther from the entrance than the closest motor vehicle parking space. i. Bicycle parking shall be located in areas of greatest use and convenience to bicyclist. H. Such bicycle parking shall have direct access to both the public right of way and to the main entrance of the principal use. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 28 ill. Bicycle parking shall not impede or create a hazard to pedestrians. iv. Parking areas shall be located so as not to conflict with clear vision areas as prescribed in DCC 18.116.020. FINDING: Both bicycle racks will be located within 50 feet of the main entrances to both the B&B and campground, providing the greatest use and convenience to bicyclists. The bicycle racks will be located near to pedestrian walkways, but will not impede or create a hazard to pedestrians. Additionally, these locations will not conflict with any clear vision areas. These criteria will be met. b. Bicycle parking facilities shall be separated from motor vehicle parking and drive areas by a barrier or sufficient distance to prevent damage to the parked bicycle. FINDING: The proposed bicycle racks will be located over 50 feet from the closest vehicular parking space, with intervening landscaping. Staff finds the distance and landscaping will prevent damage to parked bicycles. This criterion will be met. c. Where bicycle parking facilities are not directly visible and obvious from the public right(s) of way, entry and directional signs shall be provided to direct bicyclists for the public right of way to the bicycle parking facility. Directions to sheltered facilities inside a structure may be signed, or supplied by the employer, as appropriate. FINDING: Based on staffs review of the site plan and lighting plan, the proposed bicycle racks will not be visible from NE Crooked River Drive, and may not be visible from NE Smith Rock Loop. Per the applicant's July 31, 2017 email, the applicant proposes 2 bicycle directional signs. If the applications are approved, staff recommends a condition of approval requiring the applicant to submit a revised site plan illustrating the location of the proposed bicycle directional signs. 3. Dimensional Standards. a. Each bicycle parking space shall be at least two by six feet with a vertical clearance of seven feet. FINDING: Per the updated site plan, each bicycle space will be at least 2 feet wide by 6 feet long. The site plan does not include a note regarding vertical clearance. If the applications are approved, staff recommends a condition of approval to ensure compliance. b. An access aisle of at least five feet wide shall be provided and maintained beside or between each row of bicycle parking. FINDING: The updated site plan illustrates an access aisle of at least five feet for both bicycle racks. This criterion will be met. c. Each required bicycle parking space shall be accessible without moving another bicycle. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 29 FINDING: As noted above, each bicycle parking space will be 2 feet wide and 6 feet long. Additionally, each rack will accommodate only 2 bicycles. Staff finds this design is sufficient to preclude the need to move another bicycle when accessing the bicycle racks. This criterion will be met. 4. Surface. The surface of an outdoor parking facility shall be surfaced in the same manner as the motor vehicle parking area or with a minimum of one -inch thickness of aggregate material. This surface will be maintained in a smooth, durable, and well -drained condition. FINDING: The updated site plan does not specify the surfacing for the bicycle racks. If the applications are approved, staff recommends a condition of approval to ensure compliance. 5. Security. a. Bicycle parking facilities shall offer security in the form of either a lockable enclosure in which the bicycle can be stored or a stationary object (Le., a "rack') upon which the bicycle can be locked. Structures that require a user -supplied lock shall accommodate both cables and U-shaped locks and shall permit the frame and both wheels to be secured (removing the front wheel may be necessary). All bicycle racks, lockers, or other facilities shall be permanently anchored to the surface of the ground or to a structure. FINDING: The applicant proposes stationary bicycle racks for security. If the applications are approved, staff recommends a condition of approval to ensure the bicycle racks are permanently anchored. b. Lighting shall be provided in a bicycle parking area so that all facilities are thoroughly illuminated and visible from adjacent sidewalks or motor vehicle parking. FINDING: Per the site lighting schematic plan, both bicycle racks will be illuminated. Based on staffs review of the site plan and lighting plan, the bicycle rack under the covered terrace will be visible from the parking area. This criterion will be met. E. Chapter 18.124, Site Plan Review 1. Section 18.124.030. Approval Required. A. No building, grading, parking, land use, sign or other required permit shall be issued for a use subject to DCC 18.124.030, nor shall such a use be commenced, enlarged, altered or changed until a final site plan is approved according to DCC Title 22, the Uniform Development Procedures Ordinance. B. The provisions of DCC 18.124.030 shall apply to the following: 3. All commercial uses that require parking facilities; 5. All other uses that serve the general public or that otherwise require parking facilities, including, but not limited to, landfills, schools, utility facilities, churches, community Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 30 buildings, cemeteries, mausoleums, crematories, airports, parks and recreation facilities and livestock sales yards; FINDING: The applicant proposes a commercial use (B&B) and a recreational use (campground) that require parking facilities. Therefore, site plan review is required. Hearings Officer: As discussed elsewhere, there is some question about whether the B&B is a residential use, a commercial use or a "residential -commercial" use. In any event, both it and the campground serve the public and require parking so site plan compliance is required. No one argues otherwise. 2. Section 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. FINDING: The existing environment consists of topography that is generally level around the perimeter of the property, and rises slightly in the center of the property in the location of the existing dwelling. Vegetation on-site consists of grasses with small groups of juniper trees. Development on-site includes a single-family dwelling, barn and shed. Views on-site consist primarily of Smith Rock and Smith Rock State Park to the north and west. The applicant proposes to develop the property with a replacement dwelling to be used as the B&B, a campground with 12 tent sites, a parking lot, pedestrian walkways and landscaping. As part of the project, the applicant will also remove the existing barn and shed. Staff notes that the campground will retain views of Smith Rock to the north, with the B&B retaining views of Smith Rock to the north and west. Given the lack of significant natural or topographic features on-site, the retention of views of Smith Rock and introduction of significant landscaping, staff finds the proposed development will relate harmoniously to the natural environment and existing development. This criterion will be met. Hearings Officer: Numerous commenters argue that the proposal, and particularly the campground, is antithetical to nearby residential and rural uses. Concerns have been raised about traffic, parking, fire danger and other issues addressed under more specific criteria. First, it appears that "relate harmoniously" is a somewhat higher standard than "compatibility" under the conditional use criteria although they obviously relate to each other. "Harmonious" is not defined but likely means a minimum of conflict, discord or similar impacts on existing development and the environment. Further, the focus is on whether the site plan, i.e. the design, sufficiently harmonizes the proposed uses with existing development. For example, all campgrounds will have visual impacts and generate traffic and noise but has the applicant been able to harmonize the impacts that this campground will generate with existing development through design? In this case, the number of campers is relatively small, but so is the available buffer area on the site. It also is adjacent to an urban density residential development. Ultimately I think this criterion asks whether the applicant has taken sufficient steps to ensure that impacts do not create any more disharmony than other uses allowed by right or conditionally in the MUA-10 zone or the existing uses. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 31 I find that some of the concerns are too speculative or outside the parameters of my authority. For example, there is no reason to conclude that the composting toilet will create significant odors. Concerns about the number of people the Mazamas already brings to the park and their impacts on the park do not appear relevant to this criterion. The major concerns are traffic, noise, visual impacts and simply having more people in the area. The record is clear that this area is significantly impacted by the literally tens of thousands of people who visit each day. Although there no doubt is a limit on how much the area can take, it is not plausible to conclude that adding approximately 30 persons and approximately 60 daily trips will noticeably add to the disruption and impacts already present. Campground vehicles have no reason to use Smith Rock Loop. Similarly, it is not sufficient to assume that guests at the site will create any measurable additional impacts, such as trespass or interference with animals than already are caused by the many daily visitors already in the area. Smith Rock State Park primarily is a day use area. Several persons testified that at night the area is relatively quiet, peaceful and serene. In effect, they argue that the evening hours are a respite from the day time deluge and that permitting up to 20 persons to campout nearby will interfere with that respite. They contend that sound travels and is amplified. The subject property currently is dark and that will change. Disturbances that may be tolerable during the day are not tolerable in the middle of the night. There is, however, already a state permitted camping area in the park. The record is unclear as to exactly how close it is and how large. There was testimony that residents can hear campers at night playing music and carrying on and can see lights coming down the trail. So there already are some nighttime impacts. The opponents contend that the proposal will create even greater impacts given its proximity and its location on their side of Crooked River Drive. The applicant contends that that the use will be adequately buffered both visually and audibly, that its operational measures will be effective and that its guests will be less likely to create impacts than the relatively unregulated campers on state land. It also notes that adjacent the urban density residential use creates or has the potential for visual, audible and other impacts. As regards visual impacts the applicant will provide the tents which will be relatively small and no higher than four feet. It proposes a berm and substantial landscaping. The most significant views from the majority of dwellings do not look out on the campground. Lighting is proposed to either be extinguished at 10:00 p.m. or activated by motion sensors. No campfires are permitted. I do not find the applicant's noise study to be particularly helpful. It seems to focus primarily on daytime noise and it assumes that all operational controls will be consistently applied — an assumption that opponents legitimately question. There is simply no doubt that there will be additional noise. Even if the applicant is able and willing to enforce its rules as vigorously as it suggests, there will be problematic noise incidents from time to time. But the same can be said for the existing environment. Urban level residential development sometimes engenders disruptive noise that impacts other residences. The park campground generates noise and, I suspect, there are occasionally nighttime noise incidents in the park itself. In its post -hearing submittal the applicant proposed additional measures and options to address these impacts. It proposes extending the 7' privacy fence along the south property line eastward to the irrigation ditch and additional landscaping along the berm. More significantly, it proposed a more compact configuration that shifts the campground sites toward the dwelling and parking lot and away from the property lines. The applicant asserts that the sites maintain their 1420 sq. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 32 ft. size. Unfortunately, the applicant did not submit detailed measurements, but it also appears to cluster tent sites closer together toward the pedestrian walkway and to make those locations permanent. The setbacks would increase to 50' along NE Smith Rock Loop and to 40' along the south property line. It appears that this would further minimize visual impacts. The impact on sound is uncertain — on one hand it moves the tents farther away from existing uses but it also brings them closer together which may encourage more talking etc. In its final argument the applicant reiterated this option and proposed other options, including reducing the number of sites but placing three tents on each site. First, this would appear to be new evidence or enough of a modification that it should not be considered without an opportunity for comments from nearby residents. For example, it raises further concerns about creating more noise as the tents are closer together. It its final rebuttal, the applicant also provided the option of making sites 5 and 6 single tent sites, reducing the number of potential campers to 20 guests. I think I may consider this as it simply scales back the occupancy and is very unlikely to be a problem for neighbors. It appears that the two proposals are not in conflict and, when combined, will help promote a harmonious relationship with existing development. At the hearing I asked why the campground was not proposed for the west side of the site. The applicant in its final rebuttal noted several problems this would create, including potential well impacts, visual impacts on the park and reduced opportunities for restoration. Finally, and most significant, is the issue of whether the applicant really will effectively implement and enforce the operational controls that are critical to meeting numerous code criteria. This dilemma arises in many applications. On one hand, the County and concerned residents are asked to take on faith that the applicant will live up to its commitments and nearby residents bear the impacts if it does not. On the other, absent some indication that the applicant is not acting in good faith or its proposals are not feasible, its future compliance should not be prejudged. The County is charged with code enforcement, the problem being sites are often relatively isolated and enforcement resources often are not robust. In this regard, I have clarified and tightened some of the operational requirements in the conditions of approval. I also find that it is appropriate to add a condition requiring that the applicant maintain a 27/7 phone contact to receive complaints; all complaints must be logged and the follow-up action/resolution documented. This log shall be available for inspection by the County on request. This information may be used by the County and residents to monitor compliance and for enforcement, including revocation of the conditional use approval. The applicant has stressed that there is no reason for guests to come and go from the facility after 10:00 and has proposed quiet hours from then until 6:00 a.m. Late night comings and goings raise the potential for numerous impacts including noise and Tight pollution. Leaving the parking lot open, however, creates significant enforcement issues. Redmond Fire and Rescue states that it does not need access into the site. Accordingly, I am imposing a condition of approval requiring that the entrance be gated and locked or secured so that cars may not enter after 10:00 p.m., subject to Fire Marshall requirements, if any (e.g. emergency access). Further, the outdoor cooking area may not be used until 7:00 a.m. I find that based on the revisions to the proposal, the increased landscaping and additional conditions of approval this criterion is met. B. The landscape and existing topography shall be preserved to the greatest extent possible, considering development constraints and Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 33 suitability of the landscape and topography. Preserved trees and shrubs shall be protected. FINDING: The applicant proposes to replace the dwelling on-site in substantially the same, previously disturbed, area on the property. The site plan notes a number of trees that will be preserved on-site. Given the small size of the property and the development requirements to establish the uses, including parking areas and pedestrian walkways, the applicant is preserving as much of the site as possible. 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. FINDING: The proposal provides adequate separation of vehicles from both bicycle parking and pedestrian walkways. All required clear vision areas will be maintained with the imposition of the conditions of approval detailed above. The drive aisle will meet the minimum width for two-way travel, allowing sufficient area for vehicular movement. Staff finds that these design characteristics will allow the project to provide for a safe environment. The B&B use, which includes an outdoor gathering area, and the campground use will be sited 90 feet and 95 feet, respectively, from the closest residential use to the south. Approximately 140 feet to the east are residential uses in the Smith Rock Mobile Estates. To address the issue of privacy and transition from public to private spaces, the applicant proposes landscaping throughout the site and a 7 -foot -tall wood screening fencing along a portion of the south property line. Staff notes the wood screening fence will likely block views from the outdoor gathering space to the Gibson residence. However, it is unclear if this same level of privacy will be provided from views from the campsites to both the Gibson property as a whole, and the Smith Rock Mobile Estates. Staff asks the Hearings Officer to focus his review on this criterion. Hearings Officer: As discussed above, the applicant has proposed additional fencing and landscaping. Further, the campsites and tent sites will be moved farther away from the property lines and the two campsites closest to the Gibson property used for one tent each. These additional steps and the distance from existing residences will afford privacy at least comparable if not better than other development permitted in the zone. This criterion is met. D. When appropriate, the site plan shall provide for the special needs of disabled persons, such as ramps for wheelchairs and Braille signs. FINDING: The parking lot includes an accessible parking stall. All on-site walkways will be reviewed for ADA compliance during building permit review. Any required accommodations will be addressed at that time. This criterion will be met. 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. FINDING: The proposal will utilize an existing driveway from NE Crooked River Drive. No comments from the Senior Transportation Planner or the Road Department were received indicating any need to modify this access point. The drive aisle will meet the minimum 24 -foot - Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 34 wide requirement to allow adequate circulation and movement of vehicles in the parking area. Additionally, the drive aisle will be separated from pedestrian walkways by a split rail fence and landscaping. The parking stalls will also be separated from pedestrian walkways by landscaping. The parking area location is conveniently sited for use by both B&B and campground users. However, the parking will be sited approximately 140 feet from the closest residential structure in Smith Rock Mobile Estates. To address this issue, the applicant proposes significant landscaping along the eastern property line between the parking area and Smith Rock Mobile Estates. Staff asks the Hearings Officer to determine if the location of the parking area will be harmonious with neighboring structures, given the intervening distance and landscaping. Hearings Officer: The applicant has proposed additional landscaping. It notes that the parking for Smith Rock Mobile Estates is essentially out in the open. The area in general is heavily impacted by park parking areas. This criterion is met. F. Surface drainage systems shall be designed to prevent adverse impacts on neighboring properties, streets, or surface and subsurface water quality. FINDING: As noted above, the drainage plan and utility plan indicate that stormwater runoff from the paved parking area will be contained on-site. The only other impervious surfaces proposed by the applicant will be the replacement dwelling and outdoor gathering area. There is no evidence in the record indicating that runoff from the existing dwelling has flowed off-site or otherwise caused adverse impacts on neighboring properties, streets or surface and subsurface water quality. Given the amount of available ground area between the replacement dwelling and gathering area, and properties lines and streets, staff finds runoff from the B&B will not cause adverse impacts. This criterion will be met. 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. FINDING: The proposal includes a parking area, a composting toilet, a pump house and two condensing units. Based on staff's review of the site plan and landscaping plan, each of these project components will be screened by landscaping, fencing, and/or screening panels. With the exception of the eastern portion of the parking area, the remaining components will be sited at least 50 feet from any property line. As noted previously, the subject property does not contain any significant landscape or topographic features. For this reason, staff finds the siting of the above -referenced components will not have an adverse impact on the site. Similarly, staff finds the proposed landscaping and screening panels used to buffer the components will minimize adverse impacts to the site. With respect to impacts on neighboring properties, the composting toilet, pumphouse and condensing units are relatively small structures which should be effectively screened by the proposed landscaping, fencing, and/or screening panels. The parking area will be screened from the residential uses to the east and south by proposed landscaping. Between the Gibson residence and the parking area, additional screening will be provided by the replacement dwelling. Based on this, staff finds this criterion will be met. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 35 H. All above -ground utility installations shall be located to minimize adverse visual impacts on the site and neighboring properties. FINDING: No above -ground utility installations are proposed. This criterion does not apply. 1. Specific criteria are outlined for each zone and shall be a required part of the site plan (e.g. lot setbacks, etc.). FINDING: The approval criteria for the underlying MUA10 Zone are addressed above. J. All exterior lighting shall be shielded so that direct light does not project off-site. FINDING: Per the site lighting photometric plan and exterior lighting concept plan, all exterior lighting will be shielded so that direct light does not project off-site. This criterion will be met. 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. 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. FINDING: The record includes a site traffic report (STR) prepared by Kittleson & Associates, dated June 14, 2017. The study concluded the following: • The proposal will generate 5 weekday p.m. peak hour trips and 59 daily trips; • No discernable crash patterns were identified; • No sight distance conflicts or impediments exist at the proposed site access point; and • No improvements to the roadway network are recommended or required due to the development The Senior Transportation Planner agrees with the methodology and conclusions of the STR. Additionally, neither the Senior Transportation Planner nor the Road Department identified any required mitigation for transportation -related impacts. This criterion will be met. 3. Section 18.124.070. Required Minimum Standards. B. Required Landscaped Areas. 1. The following landscape requirements are established for multifamily, commercial and industrial developments, subject to site plan approval: a. A minimum of 15 percent of the lot area shall be landscaped. b. All areas subject to the final site plan and not otherwise improved shall be landscaped. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 36 FINDING: For the purposes of this criterion, staff considered the proposed uses to be commercial. Based on staff's review of the landscape plan, significantly more than 15 percent of the property will be landscaped as retained vegetation and introduced landscaping. This criterion will be met. 2. In addition to the requirement of DCC 18.124.070(B) (1) (a), the following landscape requirements shall apply to parking and loading areas: a. A parking or loading area shall be required to be improved with defined landscaped areas totaling no less than 25 square feet per parking space. FINDING: The applicant proposes 17 on-site parking spaces, which requires a minimum of 425 square feet of landscaping. Based on staff's review of the landscape plan, significantly more than 425 square feet of area around the parking lot will be landscaped as retained vegetation and introduced landscaping. This criterion will be met. b. In addition to the landscaping required by DCC 18.124.070(B)(2)(a), a parking or loading area shall be separated from any lot line adjacent to a roadway by a landscaped strip at least 10 feet in width, and from any other lot line by a landscaped strip at least five feet in width. c. A landscaped strip separating a parking or loading area from a street shall contain: 1) Trees spaced as appropriate to the species, not to exceed 35 feet apart on the average. 2) Low shrubs not to reach a height greater than three feet zero inches, spaced no more than eight feet apart on the average. 3) Vegetative ground cover. FINDING: The proposed parking lot will be located adjacent to both NE Crooked River Drive and NE Smith Rock Loop. Based on staff's review of the landscape plan, the required landscaping strips along both roadways will be at least 17 feet in width and will include the components required under (c) (1-3). This criterion will be met. d. Landscaping in a parking or loading area shall be located in defined landscaped areas which are uniformly distributed throughout the parking or loading area. e. The landscaping in a parking area shall have a width of not less than five feet. FINDING: Per the landscape plan, the retained and proposed landscaping will be located between and around all parking stalls, and will have a width of at least 5 feet. This criterion will be met. f. Provision shall be made for watering planting areas where such care is required. g. Required landscaping shall be continuously maintained and kept alive and attractive. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 37 FINDING: According to the Burden of Proof, the applicant proposes an irrigation/watering system to meet criterion (f). If the applications are approved, staff recommends a condition of approval to ensure compliance with these criteria. Hearings Officer: As I noted earlier, the continued viability of robust landscaping is essential to compliance with several criteria. Accordingly, it is appropriate to impose a condition requiring additional steps during the establishment period and on-going replacement. h. Maximum height of tree species shall be considered when planting under overhead utility lines. FINDING: Overhead utility lines exist along the subject property's northwest property line, parallel to NE Crooked River Drive. Based on staff's review of the landscape plan and the utility plan, it is not clear whether the height and width of the proposed trees along the northwest property line could impact the overhead utility lines. Staff asks the applicant to clarify trees species and provide expected height and width of said trees at maturity. Hearings Officer: The applicant clarified in its post -hearing submittal that the trees adjacent to the power lines will be Ponderosa Pines -75', Aspen — 25' and Serviceberry — 15'. A tree management plan will be completed. Staff did not comment further on this submittal. This code section does not require a particular outcome, only documentation that this issue be considered. This criterion is met. C. Non -motorized Access. 1. Bicycle Parking. The development shall provide the number and type of bicycle parking facilities as required in DCC 18.116.031 and 18.116.035. The location and design of bicycle parking facilities shall be indicated on the site plan. FINDING: The applicable criteria under DCC 18.116.031 and .035 are addressed above. 2. Pedestrian Access and Circulation: a. Internal pedestrian circulation shall be provided in new commercial, office and multifamily residential developments through the clustering of buildings, construction of hard surface pedestrian walkways, and similar techniques. FINDING: The proposal includes pedestrian walkways that will connect the parking area, campground, and B&B. The plan also includes a pedestrian walkway that will connect to NE Crooked River Drive, providing access to Smith Rock State Park. Staff notes that the proposed walkways will be decomposed granite rather than a hard surface. Staff asks the applicant to address this criterion. Alternatively, if the applications are approved, staff recommends a condition of approval requiring all pedestrian walkways to be surfaced with asphalt, concrete, or similar hard surface. Hearings Officer: This criterion is met. The only issue is the surface material. As I understand it, staff reads this as imposing at least two mandatory requirements: clustering of buildings and hard surface walkways, plus additional similar techniques. Although I think the language arguably is ambiguous, the applicant does not propose an alternate reading or, for example, cite other development approved without requiring these measures. Rather, the applicant argues Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 38 that it makes more sense for several reasons to have decomposed granite paths. That may be true, but I am not comfortable overturning staff's straight -forward and plausible reading absent the applicant demonstrating that there is a compelling alternative reading of this criterion. b. Pedestrian walkways shall connect building entrances to one another and from building entrances to public streets and existing or planned transit facilities. On site walkways shall connect with walkways, sidewalks, bikeways, and other pedestrian or bicycle connections on adjacent properties planned or used for commercial, multi family, public or park use. FINDING: The proposed pedestrian walkways will connect the B&B to NE Crooked River Drive. No walkways, sidewalks, bikeways, pedestrian connections or bicycle connections exist on adjacent properties. There are no existing or planned transit facilities in the area. This criterion will be met. c. Walkways shall be at least five feet in paved unobstructed width. Walkways which border parking spaces shall be at least seven feet wide unless concrete bumpers or curbing and landscaping or other similar improvements are provided which prevent parked vehicles from obstructing the walkway. Walkways shall be as direct as possible. FINDING: Per the BoP, the parking stall adjacent to the pedestrian walkway will include a concrete bumper. For this reason, the required width of all walkways is 5 feet. Per the site plan, all walkways will be 5 feet in width. The applicant proposes decomposed granite for walkway surfacing. As noted above, staff recommends a condition of approval requiring all pedestrian walkways to be surfaced with asphalt, concrete, or similar hard surface. d. Driveway crossings by walkways shall be minimized. Where the walkway system crosses driveways, parking areas and loading areas, the walkway must be clearly identifiable through the use of elevation changes, speed bumps, a different paving material or other similar method. FINDING: Due to the clustering of the B&B and campground uses south of the parking lot, the project does not include any driveway crossings by walkways. This criterion does not apply. e. To comply with the Americans with Disabilities Act, the primary building entrance and any walkway that connects a transit stop to building entrances shall have a maximum slope of five percent. Walkways up to eight percent slope are permitted, but are treated as ramps with special standards for railings and landings. FINDING: Any required accommodations to comply with ADA standards will be addressed during building permit review. This criterion will be met. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 39 F. Chapter 18.128, Conditional Uses 1. Section 18.28.015. General Standards Governina Conditional Uses. Except for those conditional uses permitting individual single family dwellings, conditional uses shall comply with the following standards in addition to the standards of the zone in which the conditional use is located and any other applicable standards of the chapter: A. The site under consideration shall be determined to be suitable for the proposed use based on the following factors: 1. Site, design and operating characteristics of the use; FINDING: Site and Design The subject property is 2.5 acres in size and is triangular in shape. The property's northwest and northeast property lines front NE Crooked River Drive and NE Smith Rock Loop, respectively. Topography on-site is generally level along the perimeter of the property, with a slightly higher area in the center of the property where the existing dwelling is located. Vegetation consists of juniper trees and grasses. Development on-site includes a single-family dwelling, barn, shed, and driveway. Per the site plan, the site is of sufficient size to accommodate both the B&B and campground uses. The replacement dwelling will be sited in substantially the same location as the existing dwelling, minimizing ground disturbance. Similarly, the proposed camp sites will be located in an area previously used as a horse pasture and the existing driveway will be used to access the parking lot, minimizing the need to disturb other areas of the property. There are no significant natural site features which would preclude siting of the uses on the property. For these reasons, staff finds the siting and design of the proposed B&B and campground is suitable to the property. Operating Characteristics5 The project includes two uses, a bed and breakfast inn and a campground. The operating characteristics of each use are detailed below. Bed and Breakfast Inn • Replacement of the existing dwelling with a new dwelling to accommodate the B&B use • 3 guest rooms to accommodate up to 8 guests • 1 caretaker room • Outdoor dining and gathering area adjacent to the B&B building Campground • 6 camp sites • Each camp site will include 2 tent sites for a maximum occupancy of 24 camping guests • Composting toilet 5 The original proposal included the ability for the neighborhood to use the property for gatherings and events. This operating characteristic was removed in the applicant's response to staffs Incomplete Letter. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 40 • Camper services such as cooking facilities, dining areas and bathrooms will be available within the B&B structure to reduce potential noise and minimize disturbance to the surrounding area • Exterior lights will be dimmed and/or turned off during the night, with motion sensor activation for guest safety Guest Management • 17 vehicular parking spaces and 4 bicycle parking spaces • Overnight accommodations will be by reservation only to allow Mazamas staff an opportunity to inform guests of expectations during their stay • Quiet hours will begin at 9 pm and will be regulated by Mazamas on-site staff • "Lights out" at 10 pm The site does not present any adverse natural features or hazards which would prohibit the proposed operating characteristics. Additionally, the operating characteristics of the use are not expected to adversely affect the site by impacting significant natural features on-site. Staff finds the operating characteristics are suitable to the site. Hearings Officer: This criterion addresses the subject site. Whether the use is compatible with nearby uses or has off-site impacts is addressed elsewhere. I concur with staff's analysis but note that many of the concerns and compliance issues discussed in this decision stem from the small size of the site. Anything smaller would seem to be too small, but I concur with staff that nothing about the site makes it unsuitable for the proposed use. 2. Adequacy of transportation access to the site; and FINDING: As noted above, the submitted STR found no indication of crash history on adjacent roadways and no sight distance conflicts or impediments at the existing access point. Additionally, the STR and county staff found that no transportation -related improvements were required. For these reasons, staff finds the site is suitable for the project considering transportation access. 3. The natural and physical features of the site, including, but not limited to, general topography, natural hazards and natural resource values. FINDING: Topography on-site is generally level along the perimeter of the property, with a slightly higher area in the center of the property where the existing dwelling is located. Vegetation consists of juniper trees and grasses. Natural resource value of the property is limited to existing vegetation. Natural hazards are likely limited to wildfire potential. Staff finds there is nothing about the natural and physical features of the site that will preclude or significantly hamper operation of the B&B and campground. Concerns regarding the increased potential for wildfire were included in the public comments. Staff notes that the subject property is within a mapped Wildfire Hazard area. Staff asks the applicant to address wildfire hazard, particularly considering the camp sites and the potential for human -generated ignition sources. Hearings Officer: Several commenters expressed concerns about fire hazard. The applicant responded that the B&B will have an automatic sprinkler. There will be 7500 gallon cistern and dry chemical fire extinguishers. No campfires or smoking is permitted. All cooking will be gas stoves on the concrete outdoor cooking area. Redmond Fire and Rescue is satisfied. This criterion is met. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 41 B. The proposed use shall be compatible with existing and projected uses on surrounding properties based on the factors listed in DCC 18.128.015(A). FINDING: The property's northwest property line is NE Crooked River Drive. The property's northeast and east property lines are NE Smith Rock Loop. Approximately 60 feet to the northeast is Smith Rock State Park (Park) on land zoned Open Space & Conservation (OS&C). Immediately across NE Crooked River Drive are parking spaces associated with the Park. Approximately 60 feet to the northeast, across NE Smith Rock Loop, is the Smith Rock Mobile Estates manufactured home park on land zoned MUA10. To the northeast, east and south are MUA10-zoned lands developed with single-family dwellings and agricultural uses consisting primarily of livestock and horses with associated pastures. Within the OS&C lands, projected uses will likely include continued maintenance and possible upgrades to the Park. On the MUA10-zoned lands, projected uses are likely to include single- family dwellings with some agriculture use. Site and Design As detailed above, all structures will observe all required MUA10 Zone setbacks. The closest residence to the proposed B&B and campground uses will be the Gibson residence adjacent to the south. The Gibson residence will be approximately 90 feet south of the replacement dwelling that will include the B&B, and approximately 95 southwest of the closest camp site, identified as #6 on the site plan. To the east, the closest residential structure in Smith Rock Mobile Estates will be approximately 140 feet from the closest camp site and from the parking area. As detailed in the public comments in the record, surrounding neighbors express concern regarding the compatibility of the proposed uses to existing residential uses and the rural character of the area. Neighbors expressed concern that the small size of the property provides lithe buffering and screening from adjacent properties, especially in relation to expected noise levels. Of particular note is the email submitted by Marty and Terri Johnston, dated May 6, 20176. The Johnston family has owned and operated Cape Kiwanda RV Resort in Pacific City, Oregon since 1969. Their testimony describes their experience with camping sites and noise levels. To address this issue, the applicant has proposed landscaping surrounding and within the camp sites, along with a screening fence along a small portion of the southern property line. Given the proximity of the proposed camp site to nearby residential uses and the testimony from the Johnstons, staff asks the Hearings Officer to determine if the siting and design of the camping sites is compatible with existing and projected residential uses in the area. With respect to the B&B use, the replacement dwelling will occupy substantially the same area as the existing dwelling. The primary difference is the inclusion of an outdoor dining and gathering area. Similar to the discussion above, staff asks the Hearings Officer to determine if the siting of the outdoor dining and gathering area is compatible with existing and expected residential uses. Staff does not anticipate any significant adverse impact to Smith Rock State Park due to the siting and design of the project. Even if the B&B and campground uses were to operate at full capacity, this would result in only a slight increase in usage of the Park over current attendance levels. A minor positive effect would be the small relief in parking demand at the Park by providing parking on-site for B&B and campground users. 6 The email string concludes with staff's response to the Johnston's email, which is dated May 8, 2017. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 42 Operating Characteristics Similar to the discussion above, neighbors expressed concern that the operating characteristics of the camp sites and the outdoor dining and gathering area, will cause noise impacts, lighting impacts, and increase the risk for fire hazard. To address noise impacts and lighting impacts, the applicant incorporates the following operating characteristics: • Quiet hours beginning at 9 pm • "Lights out" at 10 pm • Availability of bathroom and kitchen facilities within the B&B for campers • Lights will be dimmed/turned off at night with motion sensors for the safety of campers • Required reservations to allow Mazamas staff to inform guests of expectations • Introduced landscaping and screening fencing • On-site caretaker for oversight Although the above operating characteristics address noise and lighting impacts, no measures have been proposed to address fire hazard. Staff asks the applicant to address the potential for increased fire risk. Given the proximity of the camp sites to nearby residential uses and taking into consideration the management experience of the Johnstons at Camp Kiwanda RV Resort, staff is unsure if the proposed operating characteristics are sufficient to mitigate impacts such that the project is compatible with nearby residential uses and the rural character of the area. Staff asks the Hearings Officer to focus his review on this criterion. Adequacy of Transportation Access As noted above, the submitted STR found no indication of crash history on adjacent roadways. The expected trip increase on adjacent roadways will not exceed the carrying capacity of these roadways. Additionally, the STR and county staff found that no transportation -related improvements were required. For these reasons, staff finds the project is compatible with existing and projected uses on surrounding lands considering transportation access. Natural and Physical Features The natural and physical features of surrounding properties to the south, east and northeast is similar to those of the subject property — generally level, with some slight undulating terrain throughout. Vegetation on surrounding properties generally consists of irrigated pasture with some juniper trees. To the west and northwest, natural and physical features of the land are dominated by Crooked River and Smith Rock. Vegetation within Smith Rock State Park consists primarily of sage brush with some trees. Based on the site design and operating characteristics of the B&B and campground, staff finds the proposal will not adversely impact the natural and physical features of surrounding properties. The primary natural hazard in the area is wildfire risk. As noted above, staff asks the applicant to address the potential increased risk of fire due to activity at the camp sites. Natural resource values of the area are primarily centered on Crooked River and Smith Rock. Given the existing heavy human activity in and around Crooked River and Smith Rock, staff finds the project will not adversely affect the natural resource value of Crooked River or Smith Rock. Hearings Officer: This standard is subject to a long-standing and, as far as I have seen, consistently applied, interpretation that it is not enough that the use may interfere with the enjoyment of nearby properties unless that interference is so great as to effectively preclude the use of those properties. This is a rather high standard for opponents to meet. It reflects the fact Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 43 that, by their very nature, conditional uses are likely to have undesirable aesthetic, operational or other impacts on the character and traditional enjoyment of the area. See e.g., CU -12-15; CU -11- 14, CU -08-79. It is noted that manufactured home parks are themselves a conditional use in the MUA-10 zone. Chapter 18.32.030 CC. DD, EE. So the MUA 10 zone appears to contemplate that campgrounds and relatively dense residential development may coexist at least in some circumstances. In addition to the operating standards noted by staff, the applicant has stated that there will be no amplified music, the outdoor gathering area is for eating only and not events, no pets and, campfires are not permitted, etc. Smith Rock State Park is anticipated to receive 27,000 visitors a day in 2017. Numerous persons testified that they already can hear sounds from climbers and from the much less regulated bivouac camping area provided by the State. If the explosive growth in use of the park has not made nearby properties unsuitable for continued residential and rural related uses, it is hard to see how the addition of 6 campsites rises to that level. Of course, this does not mean that there will be no impacts or that the applicant is relieved from responsibility for mitigating those impacts. As discussed above, I am imposing additional conditions of approval and clarifying others to minimize impacts. There were allegations that the proposal would negatively impact property values. See e.g. Holly Gardner 9/28 comments. No studies or appraisal information was provided by opponents. The applicant states in its rebuttal that an appraiser stated that the proposal would not impact property values. I have not found that in the record, however, so am not considering it. As discussed above, the area already is heavily impacted. The site is considered by some to be an eyesore. There simply is insufficient basis to conclude that property values would be significantly impacted, and especially enough to place the viability of nearby uses at risk. The testimony from the owners of the Cape Kiwanda RV Resort has been considered and supports the general concerns raised. But it shows that camping facilities do not substantially interfere with the use of nearby properties for residences. Further, as the applicant notes the proposal before me is substantially different and includes measures to mitigate impacts not found in that example. This criterion, as historically interpreted, is met. 2. Section 18.128.310. Bed and Breakfast Inn. A. Bed and breakfast inns shall be restricted to owner occupied single family residences. FINDING: The Mazamas Foundation owns the subject property. The Mazamas propose to occupy the replacement dwelling with Mazamas staff. This criterion will be met. B. Bed and breakfast inns located in farm or forest zones shall utilize existing dwellings or dwellings conforming to the requirements of those zones relating to single family dwellings. FINDING: The subject property is not zoned farm or forest. This criterion does not apply. C. No more than three sleeping rooms shall be available for the accommodation of inn visitors. FINDING: The applicant proposes 3 guest rooms. This criterion will be met. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 44 D. No more than eight guests shall be accommodated at any one time. FINDING: The applicant proposes a maximum guest occupancy of 8. This criterion will be met. E. Occupancies shall be limited to not more than 30 consecutive days. FINDING: The applicant proposes guest occupancy of not more than 30 days. This criterion will be met. F. Breakfast shall be the only meal provided to inn guests. FINDING: The applicant agrees to provide only breakfast as part of the B&B use. This criterion will be met. Hearings Officer: I could not find this in the record, but have imposed a condition of approval to this effect. G. The exterior of the building shall maintain a residential appearance. FINDING: The applicant argues the replacement dwelling will maintain a residential appearance. Based on staffs review of the exterior elevation drawings, staff agrees. The record includes a public comment asserting the structure involves external changes to the dwelling that would give the dwelling an outward appearance of a business. However, no specific external characteristics of the replacement dwelling were identified by the commenter. For this reason, staff is unable to address this comment. H. The bed and breakfast inn shall be operated in a way that will prevent unreasonable disturbance to area residents. FINDING: The greatest potential for unreasonable disturbance to area residents will likely originate from vehicles in parking area and the outdoor dining and gathering area. To address noise issues from both the parking area and the outdoor dining and gathering area, the applicant proposes a significant amount of landscaping to provide noise, lighting and visual mitigation. In addition, the applicant proposes a wood screening fence along a small portion of the south property line to attenuate noise impacts from the outdoor dining and gathering area. Finally, the applicant proposes operating characteristics, as discussed above, to mitigate noise, lighting and visual impacts. Staff is unsure if these measures are sufficient to prevent unreasonable disturbance to area residents considering the proximity of nearby dwellings. Staff asks the Hearings Officer to focus his review on this criterion. Hearings Officer: Most, but not all, of the opposition has been focused on the campground although some had concerns about the outdoor gathering area. As noted elsewhere, the applicant has proposed additional fencing and landscaping. The applicant states that it will have quiet hours starting at 9:00 and "lights out" at 10:00 p.m. At the hearing, in response to my question, the applicant clarified that the "gathering space" is for eating and not for events, e.g. speakers, socials or whatever. But the proposal provides few specifics as to exactly what some of these operational measures entail. To minimize disturbance, and to ease enforcement, I have clarified several conditions of approval and imposed additional conditions. For example, I am requiring that the parking lot be gated and locked at 10:00 p.m. (with fire department consultation). The outdoor area may not be used before 7:00 a.m. All lighting shall be motion activated unless inconsistent with a Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 45 safety regulation. With the additional conditions imposed below, I find that the B&B will not cause unreasonable disturbance. 1. One off street parking space shall be provided for each guest room in addition to parking required for the residence. FINDING: The applicant proposes a total of 4 parking spaces to accommodate the 3 guest rooms and the caretaker room. This criterion will be met. J. Approval shall be conditioned upon compliance with all applicable state building code requirements and state sanitation requirements. FINDING: If the applications are approved, staff recommends a condition of approval to ensure compliance. K. Bed and breakfast inns in the Wildlife Area Combining Zone are subject to the provisions of DCC 18.88. FINDING: The subject property is not located within a Wildlife Area Combining Zone. This criterion does not apply. 3. Section 18.128.320. Campgrounds. A conditional use permit for a campground may be issued only when the following criteria are met: A. Campgrounds shall provide patrons with opportunities for outdoor recreation that are compatible with the natural setting of the area. Outdoor recreation activities include fishing, swimming, boating, hiking, bicycling, horseback riding and other similar activities. Outdoor recreation does not include commercial uses such as miniature golf courses, go cart tracks or rental of equipment or animals. FINDING: The proposed campground will be located across NE Crooked River Drive from Smith Rock State Park, providing patrons with an opportunity to hike and bike within the Park. The campground includes a pedestrian walkway that leads to NE Crooked River Drive. The terminus of this walkway will be approximately 120 feet from a pedestrian path located adjacent to the Park parking stalls along NE Crooked River Drive. The applicant also proposes to provide 4 bicycle parking spaces for patrons who wish to bike within the Park. No commercial uses such as those detailed in the criterion are proposed. This criterion will be met. B. Street access shall be provided as follows: 1. The campground shall obtain direct access from a street or road designated as an arterial or collector by the Deschutes County Comprehensive Plan. FINDING: The subject property will continue using the existing driveway from NE Crooked River Drive, classified as a collector road. This criterion will be met. 2. Access to the campground shall be adequate to handle the anticipated traffic generated by the use. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 46 FINDING: As detailed previously, access to the subject property is adequate to handle the anticipated traffic generated by both the B&B and campground use. This criterion will be met. 3. The Deschutes County Public Works Department or the State Highway Division may require refuge lanes for left hand turns and deceleration lanes for right hand turns where necessary for public safety. FINDING: Neither the STR nor county staff identified a need for roadway improvements. This criterion does not apply. C. Water supply and sewage disposal shall be provided as follows: 1. Applicant shall demonstrate that there is adequate potable water available at the site to serve the campground. When the water is to be supplied from a well, a well log is required to show that an ample supply of water will be available for the campground it will serve. FINDING: The applicant proposes potable water via on-site well. The record includes a well log of the surrounding area indicating static water level between 138 to 331 feet. There is no evidence in the record to suggest adequate water is unavailable to the applicant for the proposed uses. As noted in the comments from the Health Department, the applicant will be required to secure approval for a public water system. If the applications are approved, staff recommends a condition of approval to ensure compliance. 2. Plans for water supply and sewage disposal improvements must be approved by the State Health Division and the Department of Environmental Quality. FINDING: If the applications are approved, staff recommends a condition of approval to ensure compliance. 3. Evidence shall be provided to demonstrate that the campground will be eligible for a certificate of sanitation as required by the Oregon Department of Environmental Quality. FINDING: As noted in the comments from the Environmental Soils Division, the applicant will be required to secure wastewater permit approval. There is nothing in the record to suggest the applicant cannot site a sufficient septic system to serve the project. If the applications are approved, staff recommends a condition of approval to ensure compliance. D. A campground shall conform to state standards specified in OAR Chapter 918, Division 650 and the following: FINDING: Applicable sections of OAR 918-650 are addressed below. 1. Sixty five percent of a parcel developed as a campground shall be retained as open space. Natural vegetation shall be maintained in open space areas to the fullest extent possible. Walkways, roadways, parking spaces, structures, service areas and campsites shall not be considered open space. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 47 1 FINDING: Per the BoP, approximately 74 percent of the property will be retained in open space. Additionally, the site plan illustrates trees which will be preserved on-site. This criterion will be met. 2. The space provided for each campsite shall be not less than 1600 square feet exclusive of any space used for common areas such as roadways, general use structures, walkways, landscaped areas and parking spaces other than those assigned to particular campsites. FINDING: For the purposes of this calculation, the applicant identifies 6 camp sites, each at 1,420 square feet, with an associated 180 -square -foot parking space. Using this calculation, each camp site will be 1,600 square feet in size, meeting this criterion. However, using this methodology would produce an interpretation where an area identified as a "camp site" could theoretically include any number of tent sites as long as each "camp site" was 1,600 square feet in size. Staff asks the Hearings Officer to determine if the applicant's methodology is appropriate. Hearings Officer: As I understand it, staff is concerned about whether this standard should be read as imposing a 1,600 square foot minimum per tent site, i.e. does a tent site equate to a campsite. Neither term is defined in the Code. The applicant cites to OAR 333-031-0062 which distinguishes between "camping spaces" and the number of tents. It notes that other campground providers limits to 6 or 8 the number of persons at a campsite. The Merriam -Webster online dictionary defines "campsite" as "a place suitable for or used as the site of a camp". There is no reference to a tent or number of persons. I conclude that the better reading of the Code is that the size limitation relates to each separate area available for camping, i.e. campsite and does not, in itself, limit the number of tents at a campsite to one. The number of tents or campers is regulated by such things as parking limits and the impact related criteria of the Code. 3. Campgrounds shall provide potable water, toilet and shower facilities, lighting, picnic tables and garbage collection sites for the convenient use of campers as specified in ORS 918.650. Water and electric lines shall be placed underground. FINDING: As detailed previously and shown on the site plan, the applicant proposes to provide all of the required components identified in this criterion. The applicant agrees to place water and electric lines underground. If the applications are approved, staff recommends a condition of approval to ensure undergrounding of water and electrical lines. 4. Campgrounds shall not provide campsite hookups for sewage disposal or electricity. A centralized sewage dump station that meets state standards may be provided. FINDING: The applicant does not propose any campsite hookups for sewage disposal or electricity. This criterion will be met. 5. Roadways permitting one way traffic shall be not less than 10 feet wide and those permitting two way traffic shall not be less than 20 feet wide. Where parking is allowed on the margin of the road, an additional 10 feet shall be added for each parking lane. Roadways shall be improved with an all weather, dustless surface. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 48 1 FINDING: The drive aisle is proposed with a 24 -foot asphalt paved width to accommodate two- way travel. This criterion will be met. 6. Except for the access roadway serving the campground, no vehicular or pedestrian access shall be allowed out of the campground. Fences shall be provided which prevent trespass to property not under the control of the campground owner. FINDING: No access roadway other than the drive aisle to the parking area is proposed. Fencing is proposed along the entire perimeter of the subject property. This criterion will be met. 7. Each campsite shall be provided with at least one parking space which shall be paved or covered with crushed gravel and designed to promote drainage of surface runoff. FINDING: The applicant proposes 6 campsites, each with 2 tent sites. As noted above, staff finds the required parking is 12 vehicular parking spaces. The parking area includes a total of 17 parking spaces to accommodate the required 12 campground spaces and the 4 B&B spaces. The parking area will be paved with runoff directed to catch basins and a drywell. This criterion will be met. 8. Campgrounds shall be surrounded by buffer strips of existing vegetation or landscaping. FINDING: Based on staffs review of the landscaping plan, the campground will be surrounded by introduced landscaping. This criterion will be met. 9. To promote privacy and preserve the integrity of the natural setting, campgrounds shall retain existing vegetation to the fullest extent practical. FINDING: As shown on the site plan and landscape plan, a number of trees will be retained as part of this project. This criterion will be met. 10. Yards and Setbacks. a. Campsites or parking spaces shall not be located within the yard and setback areas required by the County for permanent buildings in the zone in which the campground is located. FINDING: Pursuant to the MUA10 Zone, the required setbacks from NE Crooked River Drive and NE Smith Rock Loop are 30 feet and 20 feet respectively. The required setback from the south property line is 25 feet. Based on staffs review of the site plan, only the caretaker parking space associated with the B&B use will be located within a require yard setback. The proposed campsites will be at least 100 feet from NE Crooked River Drive, at least 40 feet from NE Smith Rock Loop, and at least 25 feet from the south property line. This criterion will be met. b. No developed portion of the campground shall be located within 100 feet of the right of way of any road or property line of a lot not part of the campground. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 49 c. No developed portion of the campground shall be located closer than 300 feet from a road in a Landscape Management overlay zone. FINDING: For the purposes of these criteria, staff considers the parking area and pedestrian walkways to be a part of the developed campground. While it could be argued that the walkways should not be included as part of the campground, staff notes that the definition of campground requires the property to be contiguous to a park. Staff views the pedestrian walkway, which provides access to Smith Rock State Park, as integral to meeting the campground definition. As proposed, the campground development will be sited at the right-of-way line associated with NE Crooked River Drive, a landscape management road. The campground will be sited within 24 feet of NE Smith Rock Way. Finally, the campground will be sited within 25 feet of the south property line. Because the required setbacks will not be met, the applicant requests a waiver of criteria (b) and (c) as discussed below. Hearings Officer: I concur with staff that the parking area and walkways are part of the "developed" portion of the site for purposes of this criterion. It is less clear that the campsites themselves constitute a "developed" portion of the site as they are essentially unimproved except for landscaping. Nevertheless, it is clear that the applicant is proposing a substantial reduction. This is true even with the shifting of the campsites and reduction to one tent for campsites 5 and 6. d. Setback requirements in DCC 18.128.320(D)(10)(b) and (c) may be waived upon a finding by the Planning Director or Hearings Body that the developed portion of the campground will be sufficiently screened and buffered from neighboring properties or the protected landscape area. FINDING: In support of the waiver request, the applicant proposes landscaping surrounding and within the campground. Given the significant difference between the required setbacks and the proposed setbacks, staff is unsure if the proposed landscaping is sufficient to warrant granting of the waiver. Per the BoP, the applicant is open to additional landscaping requirements to secure the requested waiver. Staff asks the Hearings Officer to focus his review on this waiver request. Hearings Officer: This section again illustrates the problems associated with proposing to shoehorn a campground into a relatively small site. There is simply no way to meet these large setbacks. On the other hand, the MUA-10 zone does not impose a minimum lot size for campgrounds and it provides a rather broadly worded, and subjective, exception to the setbacks. The bed and breakfast inn is both a separate use, and arguably part of the campground since it provides the kitchen and eating area for the campsites. But it is a replacement for an existing structure in the same location. Applying the setback strictly to this structure could mean that the parcel is undevelopable — a result to be avoided if possible. The applicant also is proposing to remove some structures and to both clean-up and revegetate a site that several commenters stated is an eyesore. With the exception of the inn, most of the proposed development has relatively minimal visual impact. The parking lot is flat except for the cars, as are the pedestrian walkways. The septic drainage field is underground. The campsites contain minimal structures. The applicant is providing the tents which will not exceed 4' in height. There are screened condensing units within the setback south of the inn, as well as a 12' high pump house and a 12' height composting toilet. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 50 As discussed above, the applicant is proposing an additional length of fence along the south land several areas of additional landscaping to what already is an extensive restoration/landscaping plan. The applicant proposes to shift the campsites away from the southern and eastern property lines and limit campsites 5 and 6 to one tent. From a visual standpoint, it appears that the site will be much improved from its current state. Accordingly, I find that the standard for a waiver is met, except that I am denying approval of the composting toilet under this standard. First, the applicant concedes that it is not a necessary structure. Further, it appears that it could be relocated farther north within the ring created by the pedestrian path or, even better, between the parking area and campsite number 1. This would make it much less likely to be visible from the property to the south and from the residences to the east. The applicant presumably may apply later for a permit to construct the composting toilet at which time the optimum location may be addressed. 11. Tent campers and recreational vehicles shall not remain in the campground for more than 30 days in any 60 day period. FINDING: The applicant agrees to this limitation. If the applications are approved, staff recommends a condition of approval to ensure compliance. 12. The campground shall be licensed as a tourist facility by the State Department of Health as specified in ORS 446, unless operated by a public entity, timber company or private utility. FINDING: If approved, staff recommends a condition of approval to ensure compliance. 13. One dwelling may be allowed for a resident caretaker or proprietor. FINDING: The applicant proposes a replacement dwelling to house an on-site caretaker. This criterion will be met. TITLE 15, BUILDING AND CONSTRUCTION Chapter 15.08, Signs FINDING: The applicant proposes a monument sign just southwest of the driveway. At this time, the applicant has not applied for a sign permit. If the applications are approved, staff recommends a condition of approval requiring the applicant to secure sign permit approval. OREGON ADMINISTRATIVE RULES Chapter 918, Division 650 918-650-0020 Permit Required No person may establish or enlarge the facilities of any recreation park or organizational camp or do any construction within the recreation park or organizational camp or cause the same to be done without first obtaining all required permits from the building official and paying the prescribed permit fees. Multiple permits may be required when the proposed work involves two or more code areas (i.e., structural, electrical, plumbing, or mechanical). Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 51 EXCEPTION: Applications for permits, submission of plans and payment of fees are not required for additions, alterations, relocation and maintenance of picnic tables, play equipment, fire pits and similar facilities in existing parks. FINDING: If the applications are approved, staff recommends a condition of approval requiring the applicant to secure all necessary permits from the Building Official. 918-650-0025 Coordinating Regulation Permit Issuance: (1) The application, plans, specifications, computations and other data filed by an applicant must be reviewed by the building official. Such plans may be reviewed by other departments or agencies to verify compliance with any applicable laws under their jurisdiction. If the building official finds that the work described in the application for a permit and the plans, specifications and other data filed conform to the requirements of these rules and other pertinent laws and ordinances, and that the fees have been paid, the building official must issue a permit to the applicant. Regulations that also apply to recreation parks and organizational camps are: (a) Land Use. Land use must comply with the regulations of the unit of government which has planning authority over the proposed construction site; FINDING: In compliance with this standard, the applicant has applied for all necessary land use permit. (b) Flood Zones. Buildings or areas used within a flood zone must be approved by the agency having jurisdiction prior to the issuance of permits; FINDING: The subject property is not located within the Flood Plain Zone. This standard does not apply. (c) Water Supply. Water supply systems must comply with regulations under the Department of Human Services Oregon Health Authority; FINDING: As noted above, the applicant will be required to secure permit approval for a public water system. (d) Sewage Disposal. Sewage treatment and disposal facilities, including, but not limited to, on-site facilities, solid waste container wash -down facilities, gray water waste disposal systems, pit privies, vaults and chemical toilets, must comply with regulations under the Oregon Department of Environmental Quality; FINDING: As noted above, the applicant will be required to secure septic permit approval. (e) Solid Waste Disposal. Solid waste disposal must comply with regulations under the Department of Human Services Oregon Health Authority and such waste must be disposed of in a manner that complies with regulations under the Oregon Department of Environmental Quality; Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 52 (t) Eating and Drinking Establishments. Eating and drinking establishments must comply with regulations under the Department of Human Services Oregon Health Authority; (g) Ice Machines. Ice machines must comply with regulations under the Oregon State Department of Agriculture; FINDING: If the applications are approved, staff recommends a condition of approval to ensure compliance with standards (e —g) above. (h) State Building Code. Buildings and structures must comply with the State Building Code and where applicable to rules adopted thereunder; FINDING: As noted above, the applicant will be required all necessary building permits. (i) Highway, Street and Driveway Permits. Access must comply with the regulations of the city, county or State Highway Division having jurisdiction over access to the public roads; FINDING: The applicant proposes to use the existing access driveway from NE Crooked River Drive. No new driveway access permit or other access improvements are required. This standard will be met. (j) Fire Protection. Fire protection facilities must comply with the requirements of the appropriate jurisdiction's fire protection regulations; FINDING: The record includes comments from Redmond Fire and Rescue. To ensure compliance with applicable fire protection regulations, staff recommends a condition of approval requiring the applicant to submit to the Planning Division a letter from Redmond Fire and Rescue stating that all required fire protection regulations have been met. Said letter must be submitted prior to initiating the campground use. (k) Liquefied Petroleum Gas (LPG). Liquefied petroleum gas installations must comply with the regulations of the Oregon State Fire Marshal; (I) Swimming Pools and Spas. Swimming Pools and spas must comply with regulations under the Department of Human Services Oregon Health Authority; (m) Hostels. Hostels must comply with the Oregon State Building Code and with regulations under the Department of Human Services Oregon Health Authority; FINDING: The components listed in standards (k — m) are not proposed as part of this campground application. These standards do not apply. (n) Engineers/Architects Design. When required, park and camp designs must be prepared by a registered design professional. FINDING: The proposed campground design was prepared by design professionals Hennebery Eddy Architects and Hickman Williams & Associates, LLC. This standard is met. (2) Recreation Park and Organizational Camp Operating License Approved parks and camps must comply with any operating license requirements established by the Department of Human Services Oregon Health Authority. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 53 FINDING: If approved, staff recommends a condition of approval to ensure compliance. MISCELLANOUS ISSUES: 1. Precedent: Several persons expressed concern that approving this application would set a precedent for future applications, encouraging similar developments and eventually fundamentally altering the character of the area. Each application must be reviewed on its merits for compliance with applicable standards. Each property presents its own factual circumstances as does each neighborhood. So in that regard, the concern about precedent is misplaced. The concern is valid as regards how the Code is interpreted. Although other hearings officers, much less the Planning Commission or Board of Commissioners, are not bound by my reading of the code, but it may have some influence. There also is value in consistency in interpretation. Ultimately, however, the precedent objection fails because there is no Code standard requiring or somehow making precedential potential relevant to whether a particular application should be approved. 2. Existing Mazama practices. Concerns were raised that the Mazama organization brings too many people to the park for classes and climbing tours. The only potential relevance to this application is whether the proposal would significantly impact Smith Rock Park. There is no evidence that the proposal will add any significant number of new users. The State has expressed no concerns. It is evident that the Park may be being loved to death, but that important issue is outside the scope of this application. 3. Legal status. It is argued that the owner of TL 801 has a prescriptive right to the subject property's irrigation system or may have other property interests that would be impaired by the development. Again, I am cited to no applicable approval criterion in this regard. It is important to stress that this approval is not an adjudication of property rights and does not authorize the applicant to exercise property rights it does not have. It simply finds that the applicant has demonstrated compliance with the applicable land use standards. 4. Survival of landscaping. The proposed landscaping is a critical component of meeting the standards. The applicant states that the project will include landscape irrigation to assist in plant plants. I agree that more needs to be done to ensure that the landscaping has a chance to become effective. Accordingly, starting on the first anniversary of opening of the campground, and each year for three years thereafter, the applicant shall have a licensed landscape contractor survey the plantings and replace any plants that do not survive or have not adequately thrived as determined by the survey. A copy of the survey and description of actions taken based on the survey shall be provided to the County on request. IV. CONCLUSION: Based on the foregoing findings and conclusions, I find that the applicant has met its burden of proof and the applications are approved with the following conditions. 1. Approval is based upon the submitted application materials, as modified by the applicant's post -hearing submittals. In particular: A. Provide additional landscaping (2'-4' shrubs per sheet L100) between the corner of the parking stall and fence line as shown illustrated on page 7 of applicants August 29, submittal; B. Extend the 7' tall privacy fence along the south property line eastward to the irrigation ditch, as illustrated on page 9 of the August 29, submittal; Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 54 C. Additional landscaping (2'-4' shrubs per sheet L100) along the top of the berm and to the north side of campsite #1 as illustrated on page 10 of the August 29, submittal; D. Eliminate the compost toilet. E. Reconfigure the campsites as shown on page 21 of the August 29, submittal. Tent sites are to be permanently located as close to the walkway (as far away from property line) as feasible. Campsites 5 and 6 are limited to one tent site (maximum of two people). Prior to issuance of any building permit, the applicant shall submit a revised site plan illustrating these modifications. Any substantial change to the approved land use permit will require a new application. 2. Prior to initiating the use, the applicant shall secure all necessary building and septic permits and reviews including, but not limited to, the following: A. Public water system and plan review; B. Plan review for traveler's accommodations; C. Opening inspection; D. Either a septic permit from the Environmental Soils Division or Water Pollution Control Facility permit issued by Oregon Department of Environmental Quality. 3. Overnight temporary use in the same campground by a camper or camper's vehicle shall not exceed a total of 30 days during any consecutive 6 month period. 4. The bed and breakfast inn shall accommodate no more than 8 guests at any one time. Each guest shall not rent for a time period longer than 30 consecutive days. 5. 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. 6. New exterior lighting, including security lighting, shall be sited and shielded so that it is directed downward and is not directly visible from NE Crooked River Drive. Unless otherwise required by a fire/life/safety code, all exterior lighting shall turned off or be motion activated after 10:00 p.m. and before dawn. 7. The applicant shall install the landscaping shown on the landscape plan dated May 12, 2017, with the additions noted above. Required landscaping shall be continuously maintained and kept alive and attractive. Starting on the first anniversary of opening of the campground, and each year for three years thereafter, the applicant shall have a licensed landscape contractor survey the plantings and replace any plants that do not survive or have not adequately thrived as determined by the survey. A copy of the survey and description of actions taken based on the survey shall be provided to the County on request. The applicant on an ongoing basis promptly shall replace any significant vegetation that becomes diseased, damaged or that dies. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 55 8. Development activities are prohibited from March 1 to August 1 within the Sensitive Bird and Mammal Habitat Combining Zone. 9. 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. No recreational vehicles are permitted. 10. The paved vehicular surfaces shall be adequately maintained for all-weather use and drained to contain flow of water on-site. 11. The split -rail fencing shall be extended along the southern side of the drive aisle from NE Crooked River Drive to the first southern parking space. Prior to issuance of any building permit, the applicant shall submit a revised site plan illustrating this modification. 12. Prior to issuance of any building permit, the applicant shall submit a revised landscape plan specifying the plant species to be used in the clear vision area and stating that these plants will not exceed 3.5 feet in height at maturity. 13. Each bicycle parking space shall be at least two by six feet with a vertical clearance of seven feet. 14. The bicycle parking spaces shall be surfaced with asphalt or similar hard surface, and shall be securely anchored to said surface. 15. All pedestrian walkways shall be surfaced with asphalt, concrete, or similar hard surface. Decomposed granite is not permitted. 17. All electrical and water lines associated with the campground shall be undergrounded. 18. Tent campers shall not remain in the campground for more than 30 days in any 60 day period. 19. The campground shall be licensed as a tourist facility by the State Department of Health as specified in ORS 446, unless operated by a public entity, timber company or private utility. Prior to initiation of use, the applicant shall submit proof of licensure by the State Department of Health. 20. The applicant shall secure sign permit approval prior to installation of the entrance sign just south of the driveway. 21. Prior to initiating the campground use, the applicant shall submit a letter from Redmond Fire and Rescue stating that all required fire protection regulations have been met. 22. If applicable, the applicant shall comply with the standards in OAR 918-650-0025(1) (e- 9) 23. If applicable, the applicant shall comply with OAR 918-650-0025(2) and secure any operating license requirements established by the Department of Human Services Oregon Health Authority. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 56 24. Prior to issuance of any building permit, the applicant shall submit a revised site plan illustrating the location of the 2 bicycle directional signs. 25. The applicant shall implement the operational practices described in its application and subsequent submittals as further refined below. These requirements include but are not limited to: A. No campfires or smoking permitted. No cooking or open flames anywhere other than the outdoor paved cooking area. B. The outdoor gathering space is to be used only for meals and informal gatherings. No classes, entertainment or other activities are permitted. The outdoor area shall not be used for any purpose between the hours of 9:00 p.m. and 7:00 a.m. C. The site will be staffed by at least one person at all times that the inn or campground are open, and shall have express written authority to terminate use of the facility by any person not complying with the rules or otherwise creating a disturbance. D. No amplified music anywhere on the premises. E. Quiet hours from 9:00 p.m. to 6:00 a.m. with "lights out" no later than 10:00 p.m. F. No pets, except service animals as required by law. 26. The following operational standards are imposed in addition to those proposed by the applicant: A. The inn shall offer a complimentary breakfast daily, limited to guests of the inn. No other meals may be offered. Only one kitchen is permitted, which must be in the structure. This does not preclude a barbecue, sink or the outdoor use of gas stoves on the concrete patio. B. No food, drink or retail items may be sold on the premises. C. The entrance to the parking lot shall be gated or chained and secured from 10:00 p.m. to 6:00 a.m. daily. No vehicle shall be permitted to enter the parking lot during those hours, except in case of emergency. This condition is subject to review and approval and modification by the Fire Marshall and building official as necessary to comply with life and safety standards such as to accommodate emergency access or egress. D. No feeding, petting or harassing livestock. No trespassing on private property. E. The applicant shall have a person available during all times the site is open for business to receive telephone complaints or concerns about the operation of the facility, including disturbances. Voicemail is not acceptable - this may require forwarding or a message with a backup number if the designated person is unavailable. Each complaint and its resolution shall be logged in detail. The log shall be made available to the County for inspection on request. Contact information shall be prominently displayed on the website for the facility and at the entrance to the parking lot. F. Each guest shall sign a document outlining the rules of the facility, attesting that the person will abide by those rules and clearly stating that violation may result in Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 57 termination of use. These forms shall be maintained for a minimum of 90 days and available to the County on request Done and dated this 11th day of October, 2017. DD Dan R. Olsen, Hearings Officer THIS DECISION BECOMES FINAL TWELVE DAYS AFTER MAILING UNLESS TIMELY APPEALED. Hearings Officer Decision: 247 -17 -000319 -CU, 320 -SP, 321 -CU 58 Chapter 18.32. MULTIPLE USE AGRICULTURAL ZONE - MUA 18.32.010. Purpose. 18.32.020. Uses Permitted Outright. 18.32.030. Conditional Uses Permitted. 18.32.035. Destination Resorts. 18.32.040. Dimension Standards. 18.32.050. Yards. 18.32.060. Stream Setbacks. 18.32.070. Rimrock Setback. 18.32.010. Purpose. The purposes of the Multiple Use Agricultural Zone are to preserve the rural character of various areas of the County while permitting development consistent with that character and with the capacity of the natural resources of the area; to preserve and maintain agricultural lands not suited to full-time commercial farming for diversified or part-time agricultural uses; to conserve forest lands for forest uses; to conserve open spaces and protect natural and scenic resources; to maintain and improve the quality of the air, water and land resources of the County; to establish standards and procedures for the use of those lands designated unsuitable for intense development by the Comprehensive Plan, and to provide for an orderly and efficient transition from rural to urban land use. (Ord. 95-075 §1, 1995) 18.32.020. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: A. Agricultural uses as defined in DCC Title 18. B. A single family dwelling, or a manufactured home subject to DCC 18.116.070. C. Propagation or harvesting of a forest product. D. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. E. Class III road or street project. F. Noncommercial horse stables, excluding horse events. G. Horse events, including associated structures, involving: 1. Fewer than 10 riders; 2. Ten to 25 riders, no more than two times per month on nonconsecutive days; or 3. More than 25 riders, no more than two times per year on nonconsecutive days. Incidental musical programs are not included in this defmition. Overnight stays by participants, trainers or spectators in RVs on the premises is not an incident of such horse events. H. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. I. Type 1 Home Occupation, subject to DCC 18.116.280. (Ord. 2004-002 §3, 2004; Ord. 2001-039 §2, 2001; Ord. 2001-016 §2, 2001; Ord. 94-008 §10, 1994; Ord. 93-043 §4, 1993; Ord. 93-001 §1, 1993; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 91-005 §18, 1991; Ord. 91-002 §6, 1991) 18.32.030. Conditional Uses Permitted. The following uses may be allowed subject to DCC 18.128: A. Public use. B. Semipublic use. Chapter 18.32 (6/2016) C. Commercial activities in conjunction with farm use. The commercial activity shall be associated with a farm use occurring on the parcel where the commercial use is proposed. The commercial activity may use, process, store or market farm products produced in Deschutes County or an adjoining County. D. Dude ranch. E. Kennel and/or veterinary clinic. F. Guest house. G. Manufactured home as a secondary accessory farm dwelling, subject to the requirements set forth in DCC 18.116.070. H. Exploration for minerals. 1. Private parks, playgrounds, hunting and fishing preserves, campgrounds, motorcycle tracks and other recreational uses. J. Personal use landing strip for airplanes and helicopter pads, including associated hangar, maintenance and service facilities. No aircraft may be based on a personal-use landing strip other than those owned or controlled by the owner of the airstrip. Exceptions to the activities permitted under this definition may be granted through waiver action by the Aeronautics Division in specific instances. A personal use landing strip lawfully existing as of September 1, 1975, shall continue to be permitted subject to any applicable regulations of the Aeronautics Division. K. Golf courses. L. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. M. A facility for primary processing of forest products, provided that such facility is found to not seriously interfere with accepted farming practices and is compatible with farm uses described in ORS 215.203(2). Such a facility may be approved for a one-year period which is renewable. These facilities are intended to be only portable or temporary in nature. The primary processing of a forest product, as used in DCC 18.32.030, means the use of a portable chipper or stud mill or other similar method of initial treatment of a forest product in order to enable its shipment to market. Forest products, as used in DCC 18.32.030, means timber grown upon a parcel of land or contiguous land where the primary processing facility is located. N. Destination resorts. O. Planned developments. P. Cluster developments. Q. Landfills when a written tentative approval by the Department of Environmental Quality (DEQ) of the site is submitted with the conditional use application. R. Time-share unit or the creation thereof. S. Hydroelectric facility, subject to DCC 18.116.130 and 18.128.260. T. Storage, crushing and processing of minerals, including the processing of aggregate into asphaltic concrete or Portland cement concrete, when such uses are in conjunction with the maintenance or construction of public roads or highways. U. Bed and breakfast inn. V. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland subject to DCC 18.120.050 and 18.128.270. W. Churches, subject to DCC 18.124 and 18.128.080. X. Private or public schools, including all buildings essential to the operation of such a school. Chapter 18.32 (6/2016) Y. Utility facility necessary to serve the area subject to the provisions of DCC 18.124. Z. Cemetery, mausoleum or crematorium. AA. Commercial horse stables. BB. Horse events, including associated structures, not allowed as a permitted use in this zone. cc. Manufactured home park or recreational vehicle park on a parcel in use as a manufactured home park or recreational vehicle park prior to the adoption of PL -15 in 1979 and being operated as of June 12, 1996, as a manufactured home park or recreational vehicle park, including any expansion of such uses on the same parcel, as configured on June 12, 1996. DD. A new manufactured home/recreational vehicle park, subject to Oregon Administrative Rules 660-004-0040(7)(g) that: 1. Is on property adjacent to an existing manufactured home/recreational vehicle park; 2. Is adjacent to the City of Bend Urban Growth Boundary; and 3. Has no more than 10 dwelling units. EE. The full or partial conversion from a manufactured home park or recreational vehicle park described in DCC 18.32.030 (CC) to a manufactured home park or recreational vehicle park on the same parcel, as configured on June 12 1996. FF. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). GG. Guest lodge. HH. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. II. Marijuana processing, subject to the provisions of DCC 18.116.330. JJ. Marijuana production subject to the provisions of DCC 18.116.330. (Ord. 2016-015 §3, 2016; Ord. 2015-002 §1, 2015; Ord. 2009-018 § 1, 2009; Ord. 2004- 002 §4, 2004; Ord. 2001-039 §2, 2001; Ord. 2001-016 §2, 2001; Ord. 97-063 §3, 1997; Ord. 97-029 §2, 1997; Ord. 97-017 §2, 1997; Ord. 96-038 §1, 1996; Ord. 94-053 §2, 1994; Ord. 94-008 §11, 1994; Ord. 93-043 §§4A and B, 1993; Ord. 92-055 §2, 1992; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 90-014 §§27 and 35, 1990; Ord. 91-005 §§19 and 20, 1991; Ord. 91-002 §7, 1991; Ord. 86-018 §7, 1986; Ord. 83-033 §2, 1983; Ord. 80-206 §3, 1980) 18.32.035. Destination Resorts. Destination resorts may be allowed as a conditional use, subject to all applicable standards of the DR Zone. (Ord. 92-004 §4, 1992) 18.32.040. Dimensional Standards. In an MUA Zone, the following dimensional standards shall apply: A. The minimum lot size shall be 10 acres, except planned and cluster developments shall be allowed an equivalent density of one unit per seven and one-half acres and planned and cluster developments within one mile of an acknowledged urban growth boundary shall be allowed a five acre minimum lot size or equivalent density. Chapter 18.32 (6/2016) B. The minimum average lot width shall be 100 feet and the minimum street frontage 50 feet. C. The minimum average lot depth shall be 150 feet. D. Building height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed by DCC 18.120.040. (Ord. 2006-008 §4, 2006; Ord. 92-055 §3, 1992; Ord. 91-020 §1, 1991) 18.32.050. Yards. A. The front yard setback from the property line shall be a minimum of 20 feet for property fronting on a local street right of way, 30 feet from a property line fronting on a collector right of way, and 80 feet from an arterial right of way unless other provisions for combining accesses are provided and approved by the County. B. Each side yard shall be a minimum of 20 feet. For parcels or lots created before November 1, 1979, which are one-half acre or less in size, the side yard setback may be reduced to a minimum of 10 feet. For parcels or lots adjacent to property receiving special assessment for farm use, the adjacent side yard for a dwelling shall be a minimum of 100 feet. C. Rear yards shall be a minimum of 25 feet. Parcels or lots with rear yards adjacent to property receiving special assessment for farm use, the rear yards for a dwelling shall be a minimum of 100 feet. D. The setback from the north lot line shall meet the solar setback requirements in DCC 18.116.180. E. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. (Ord. 2005-011 §1, 2005; Ord. 94-008 §17, 1994; Ord. 91-020 §1, 1991; Ord. 88-021 §1, 1988; Ord. 83-037 §9, 1983) 18.32.060. Stream Setbacks. To permit better light, air, vision, stream pollution control, fish and wildlife areas and to preserve the natural scenic amenities and vistas along the streams and lakes, the following setbacks shall apply: A. All sewage disposal installations, such as septic tanks and septic drainfields, shall be set back from the ordinary high water mark along all streams or lakes a minimum of 100 feet, measured at right angles to the ordinary high water mark. In those cases where practical difficulties preclude the location of the facilities at a distance of 100 feet and the County Sanitarian finds that a closer location will not endanger health, the Planning Director or Hearings Body may permit the location of these facilities closer to the stream or lake, but in no case closer than 25 feet. B. All structures, buildings or similar permanent fixtures shall be set back from the ordinary high water mark along all streams or lakes a minimum of 100 feet measured at right angles to the ordinary high water mark. (Ord. 91-020 §1, 1991) 18.32.070. Rimrock Setback. Setbacks from rimrock shall be as provided in DCC 18.116.160. (Ord. 86-053 §6, 1986) Chapter 18.32 (6/2016) Chapter 18.84. LANDSCAPE MANAGEMENT COMBINING - LM ZONE 18.84.010. Purpose. 18.84.020. Application of provisions. 18.84.030. Uses permitted outright. 18.84.040. Uses permitted conditionally. 18.84.050. Use limitations. 18.84.060. Dimensional standards. 18.84.070. Application. 18.84.080. Design review standards. 18.84.085 Imposition of conditions. 18.84.090 Setbacks. 18.84.095 Scenic waterways. 18.84.100. Repealed. Introductory Paragraph Eliminated Ord. 2001-016, §2, 2001 (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) 18.84.010. Purpose. The purposes of the Land Management Combining Zone are to maintain scenic and natural resources of the designated areas and to maintain and enhance scenic vistas and natural landscapes as seen from designated roads, rivers, or streams. (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) 18.84.020. Application of provisions. The provisions of DCC 18.84 shall apply to all areas within one-fourth mile of roads identified as landscape management corridors in the Comprehensive Plan and the County Zoning Map. The provisions of DCC 18.84 shall also apply to all areas within the boundaries of a State scenic waterway or Federal wild and scenic river corridor and all areas within 660 feet of rivers and streams otherwise identified as landscape management corridors in the comprehensive plan and the County Zoning Map. The distance specified above shall be measured horizontally from the center line of designated landscape management roadways or from the nearest ordinary high water mark of a designated landscape management river or stream. The limitations in DCC 18.84.20 shall not unduly restrict accepted agricultural practices. (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) 18.84.030. Uses permitted outright. Uses permitted in the underlying zone with which the LM Zone is combined shall be permitted in the LM Zone, subject to the provisions in DCC 18.84. (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) 18.84.040. Uses permitted conditionally. Uses permitted conditionally in the underlying zone with which the LM Zone is combined shall be permitted as conditional uses in the LM Zone, subject to the provisions in DCC 18.84. (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) Chapter 18.84 1 (03/2016) 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 non -reflective 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. 84.090(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 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. 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 permitted. 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, Whychus Creek and Tumalo Creek. Conservation easements required as a condition of landscape management site plans shall not require public access. (Ord. 2015-016 §5, 2015; Ord. 2001-016 §2, 2001; Ord. 97-068 §1, 1997; Ord. 95-075 §3, 1995; Ord. 93- 043 §12Aand 12B, 1993; Ord. 92-034 §2, 1992; Ord. 91-020 §1, 1991; Ord. 90-020 §1 1990; PL -15 1979) 18.84.085. Imposition of conditions. The standards of DCC 18.84 may be met by the imposition of conditions drawn to ensure that the standards will be met. (Ord. 2001-016 §2, 2001; Ord. 95-075 §3, 1995; Ord. 92-034 §2, 1992) Chapter 18.84 3 (03/2016) 18.84.090. Setbacks. A. Except as provided in DCC 18.84.090, minimum setbacks shall be those established in the underlying zone with which the LM Zone is combined. B. Road Setbacks. All new structures or additions to existing structures on lots fronting a designated landscape management road shall be set back at least 100 feet from the edge of the designated road right-of-way unless the Planning Director or Hearings Body finds that: 1. A location closer to the designated road would more effectively screen the building from the road; or protect a distant vista; or 2. The depth of the lot makes a 100 -foot setback not feasible; or 3. Buildings on both lots abutting the subject lot have front yard setbacks of less than 100 feet and the adjacent buildings are within 100 feet of the lot line of the subject property, and the depth of the front yard is not less than the average depth of the front yards of the abutting lots. If the above findings are made, the Planning Director or Hearings Body may approve a less restrictive front yard setback which will be appropriate to carry out the purpose of the zone. C. River and Stream Setbacks. All new structures or additions to existing structures shall be set back 100 feet from the ordinary high water mark of designated streams and rivers or obtain a setback exception in accordance with DCC 18.120.030. For the purpose of DCC 18.84.090, decks are considered part of a structure and must conform with the setback requirement. The placement of on-site sewage disposal systems shall be subject to joint review by the Planning Director or Hearings Body and the Deschutes County Environmental Health Division. The placement of such systems shall minimize the impact on the vegetation along the river and shall allow a dwelling to be constructed on the site as far from the stream or lake as possible. Sand filter systems may be required as replacement systems when this will allow a dwelling to be located further from the stream or to meet the 100 -foot setback requirement D. Rimrock Setback. New structures (including decks or additions to existing structures) shall be set back 50 feet from the rimrock in an LM Zone. An exception to this setback may be granted pursuant to the provisions of DCC 18.84.090(E). E Rimrock Setback Exceptions. An exception to the 50 -foot rimrock setback may be granted by the Planning Director or Hearings Body, subject to the following standards and criteria. 1. An exception shall be granted when the Planning Director or Hearings Body finds that: a. A lesser setback will make the structure less visible or completely screened from the river or stream; or b. The subject lot or parcel was a lot of record prior to the adoption of this ordinance; or c. Dwellings (including decks) on both lots or parcels abutting the subject lot within 50 feet of the rimrock and the adjacent buildings are within 100 feet of the lot line of the subject property; or d. Adherence to the 50 -foot setback would prevent the structure from being sited on the lot. 2. A dwelling qualifying for a rimrock setback exception under the criteria set forth in the above shall be located as follows: a. The structure shall be designed and sited to minimize the visual impact when viewed from the ordinary high water mark on the far side of the river. This shall be determined by viewing the property from the ordinary high water mark immediately across from the center of the river frontage on which the structure is proposed with like evaluations being made 300 feet upstream and downstream on either side of that point over the entire length of river frontage on which the structure is proposed. b. Existing trees and shrubs which reduce the visibility of the proposed structure shall be retained. c. The height of the structure shall not exceed the setback from the edge of the rimrock, except as described in the exception section (f), below. Chapter 18.84 4 (03/2016) d. No structure (including decks) shall be located closer than 20 feet from the edge of the rimrock unless the Planning Director or Hearings Body finds that the lesser setback will make the structure less visible or the structure is completely screened from the river or stream except as described in the exception section (f), below. e. Where multiple nonagricultural structures are proposed on a lot or parcel, the structures shall be grouped or clustered so as to maintain a general appearance of open landscape for the affected area. This shall require a maintenance of at least 65 percent open space along rimrocks within subject lots or parcels. f. Exception: For vacant lots or parcels less than one-half acre, existing prior to the adoption of Ordinance 92.034, with undulating rimrock, and where there are lawfully established residences within 100 feet of the lot line on the subject property on both of the abutting lots with rimrock setbacks less than the depth required in section (d) above, the residential structure setback shall meet the following criteria: 1) The setback shall be the average distance between the abutting houses as measured from the subject lot's front yard line to the furthest point of each abutting home facing the river or stream. 2) The height of the structure shall not exceed the height of the tallest abutting residence and in no case shall exceed 24 feet high, except for chimneys. 3) The highest ridgeline shall slope up and away from, and run parallel with, the river or stream. 4) Dormers are prohibited on the riverside or streamside of the residence and allowed on the street -side of the residence with the height not exceeding the height of the ridgeline. 5) The setback for decks on the rimrock side of the dwelling shall be the average of the decks on the abutting lots or parcels as measured from the front yard line of the subject property and in no case shall extend and protrude over the rimrock. (Ord. 2007-020 §5, 2007; Ord. 2005-002 §1, 2005; Ord. 2001-016 §2, 2001; Ord. 2000-033 §3, 2000; Ord. 95-075 §3, 1995; Ord. 92-034 §2, 1992; Ord 91-020) 18.84.095. Scenic waterway. Approval of all structures in a State Scenic Waterway shall be conditioned upon receipt of approval of the Oregon Department of Parks and Recreation. (Ord. 2001-016 §2, 2001; Ord. 2000-033 §4, 2000) 18.84.100 Septic Permits (Repealed Ord. 98-066 §1, 1998; Ord. 95-075 §3, 1995; Ord. 92-034 §2, 1992; Ord 91-020 §1, 1991; Ord 90-020 §1, 1990) Chapter 18.84 5 (03/2016) Chapter 18.90. SENSITIVE BIRD AND MAMMAL HABITAT COMBINING ZONE - SBMH 18.90.010. Purpose. 18.90.020. Definition of Sensitive Habitat Area. 18.90.030. Limitations and Uses Permitted. 18.90.040. Applicability. 18.90.050. Site Plan Review Requirement. 18.90.060. Site Plan Review Criteria. 18.90.010. Purpose. The purpose of the Sensitive Bird and Mammal Combining Zone is to insure that sensitive habitat areas identified in the County's Goal 5 sensitive bird and mammal inventory as critical for the survival of the northern bald eagle, great blue heron, golden eagle, prairie falcon, osprey, great grey owl, , and the Townsend's big -eared bat are protected from the effects of conflicting uses or activities which are not subject to the Forest Practices Act. This objective shall be achieved by implementation of the decision resulting from the economic, social, environmental and energy analysis (ESEE) for each inventoried sensitive habitat area. (Ord. 2015-011 §2, 2015; Ord. 94-005 §1, 1994; Ord. 92-042 §2, 1992) 18.90.020. Definition of Sensitive Habitat Area. A. The sensitive habitat area is the area identified in the Deschutes County Comprehensive Plan Resource Element inventory and site specific ESEE for each sensitive bird or mammal site. The sensitive habitat area to be protected by the provisions of DCC 18.90 is defined as the area: 1. Within a radius of 1,320 feet of a golden eagle, bald eagle, prairie falcon nest, , or a Townsend's big -eared bat hibernating or nursery site. 2. Within a radius of 300 feet of a great blue heron rookery or osprey nest. 3. Within a radius of 900 feet of a great grey owl nest site. B. Inventoried sensitive bird or mammal sites located on federal land are not subject to the provisions of DCC 18.90 unless the sensitive habitat area identified in DCC 18.90.020(A)(1) extends onto nonfederal land. (Ord. 2015-011 §2, 2015; Ord. 94-005 §1, 1994; Ord. 93-043 §14, 1993; Ord. 92-042 §2, 1992) 18.90.030. Limitations and Uses Permitted. A. Uses permitted in the underlying zone(s) are permitted or conditionally permitted in the Sensitive Bird and Mammal Combining Zone subject to the additional procedure and requirements of DCC 18.90.040 and the provisions of the ESEE decision. The Sensitive Bird and Mammal I-Iabitat Combining Zone does not regulate or prohibit forest practices subject to ORS 527.610 to 527.770 and the rules adopted pursuant thereto; or to farm practices as defined by ORS 30.930(2). B. When there is a conflict between the site specific ESEE analysis and the provisions of DCC Title 18, the site-specific ESEE analysis shall control. (Ord. 94-005 §1, 1994; Ord. 92-042 §2, 1992) 18.90.040. Applicability. Review under DCC 18.90 shall be triggered by the following proposals occurring within a sensitive habitat area, as defined in DCC 18.90.020: A. An application for a building permit for a new structure or addition to an existing structure; Chapter 18.90 (12/2015) B. Land divisions creating new lots or parcels within the sensitive habitat area; C. An application for a conditional use permit; or D. An application for site plan approval. (Ord. 94-005 §1, 1994; Ord. 92-042 §2, 1992) 18.90.050. Site Plan Review Requirement. A. For those proposals identified in DCC 18.90.040 to be sited within an inventoried sensitive habitat area, as defined under DCC 18.90.020, a site plan shall be prepared in accordance with the requirements of DCC 18.90.050. The site plan shall be approved prior to issuance of a building permit, land division, conditional use permit or site plan identified in DCC 18.90.040. B. The site plan application shall provide the following information: 1. A plot plan showing the location of all development including existing and proposed roads, driveways and structures. 2. Description of operating characteristics of the proposed use including times when activity within the sensitive habitat area would generate noise, dust, vibration, lights, traffic or be visible from the nest, rookery or hibernation site. 3. Timing of construction activities including grading or filling land, hauling materials and building. 4. Description of existing vegetation and vegetation to be removed for the proposed development. C. The County shall submit a copy of the site plan to the Oregon Department of Fish and Wildlife for comment. ODFW shall have 20 days from the date the site plan is mailed to submit written comments to the County. D. Based upon the record, and evaluation of the proposal based on the criteria in DCC 18.90.060, and conformance with the ESEE analysis for the site contained in the Resource Element of the Comprehensive Plan, the County shall approve or reject the site plan. In lieu of rejection of the site plan, the County may allow the applicant to revise the site plan if the applicant has not met the standards for approval. Applicant shall waive the 120 -day time limit if it chooses to revise the site plan. E. Approval of a site plan under DCC 18.90.050 shall be conditioned upon applicant's implementation of the plan. (Ord. 2015-011 §2, 2015; Ord. 95-075 §1, 1995; Ord. 94-005 §1, 1994; Ord. 93-043 §14B, 1993; Ord. 92-042 §2, 1992) 18.90.060. Site Plan Review Criteria. Approval of site plan shall be based on the following criteria: A. The site plan shall consider the biology of the identified sensitive species, nesting trees, critical nesting periods, roosting sites and buffer areas. Based on the biology of the species and the characteristics of the site, the site plan shall provide protection that will prevent destruction of the subject nesting site, , hibernation site or rookery and will, to a reasonable certainty, avoid causing the site to be abandoned. B. Development activities, including grading and fill, mining, construction, or activities generating noise or dust within the sensitive habitat area shall be prohibited during the nesting, strutting or hibernation season identified in the site specific ESEE analysis and decision for each habitat site. An exception to this standard may be made if the Oregon Department of Fish and Wildlife determines in writing that the nest, or rookery is not active and will not become active during the proposed construction period or if the sensitive birds have fledged. Construction activities within an enclosed structure may be conducted during the nesting, strutting or hibernation season. Construction activities necessary to repair an existing septic system or to replace or repair a structure destroyed or damaged by fire or other natural causes may be conducted during the nesting, strutting or hibernation season. C. New roads, driveways or public trails shall be located at the greatest distance possible from the nest, rookery or hibernation site unless topographic or vegetation or structural features will provide greater visual and/or noise buffer from the nest, rookery or hibernation site. Chapter 18.90 (12/2015) D. Existing vegetation or other landscape features which are located on the subject property and which obscure the view of the nest, rookery, or hibernation site from the proposed development, shall be preserved and maintained. A restrictive covenant to preserve and maintain vegetation shall be required when specified in the ESEE for the site. E. No partitions or subdivisions shall be permitted which would force location of a dwelling or other structure, not otherwise permitted by the site specific ESEE, within the designated sensitive habitat area. F. All exterior lighting, including security lighting shall be sited and shielded so that the light is directed downward and does not shine on the subject nest, rookery, or hibernation site. G. The site plan shall conform with the requirements of the ESEE decision for the subject sensitive bird or mammal site contained in the Resource Element of the Deschutes County Comprehensive plan. (Ord. 2015-011 §2, 2015; Ord. 94-005 §1, 1994) Chapter 18.90 (12/2015) Chapter 18.116. SUPPLEMENTARY PROVISIONS 18.116.020. Clear Vision Areas. A. In all zones, a clear vision area shall be maintained on the corners of all property at the intersection of two streets or a street and a railroad. A clear vision area shall contain no planting, fence, wall, structure, or temporary or permanent obstruction exceeding three and one- half feet in height, measured from the top of the curb or, where no curb exists, from the established street centerline grade, except that trees exceeding this height may be located in this area provided all branches and foliage are removed to a height of eight feet above the grade. B. A clear vision area shall consist of a triangular area on the corner of a lot at the intersection of two streets or a street and a railroad. Two sides of the triangle are sections of the lot lines adjoining the street or railroad measured from the corner to a distance specified in DCC 18.116.020(B)(1) and (2). Where lot lines have rounded corners, the specified distance is measured from a point determined by the extension of the lot lines to a point of intersection. The third side of the triangle is the line connecting the ends of the measured sections of the street lot lines. The following measurements shall establish clear vision areas within the County: 1. In an agricultural, forestry or industrial zone, the minimum distance shall be 30 feet or at intersections including an alley, 10 feet. 2. In all other zones, the minimum distance shall be in relationship to street and road right of way widths as follows: 1 Right of way Width 1 80 feet or more 1 60 feet 1 50 feet and less (Ord. 91-020 §1, 1991) Clear vision 20 feet 30 feet 40 feet 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: Sq. Ft. of Floor Area No. of Berths Required 1 Less than 5,000 0 1 5,000-30,000 1 1 30,000-100,000 2 1 100,000 and Over 3 1 Chapter 18.116 (2/2017) 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 subject to the following table: 1 Sq. Ft. of Floor Area No. of Berths Required 1 Less than 30,000 0 I 1 30,000-100,000 1 1 1 100,000 and Over 2 1 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. Use One, two and three family dwellings Multi -family dwelling containing four or more dwelling units: Studio or efficiency unit 1 bedroom 2 bedroom 3 bedroom 4 bedroom Apartment/hotel, rooming or boarding house Quad or quint dwelling 2. Use Hotel Motel Requirements 2 spaces per dwelling unit 0.75 space per unit 1.00 space per unit 1.50 space per unit 2.25 space per unit 2.50 space per unit 0.50 space guest parking per dwelling unit 4.50 spaces per quad and 5.50 spaces per quint Commercial Residential. Requirements 1 space per guest room plus 1 space per 2 employees. 1 space per guest room or suite plus 1 additional space for the Chapter 18.116 (2/2017) trucking freight terminal 8. Airport Uses. 1 Use Hangars or tie -downs Office Aircraft maintenance Manufacturing, assembly, research Requirements 1 space per 4 private aircraft occupying a hangar or tie -down space 1 space per 300 sq. ft. of gross floor area 1 space per 1,000 sq. ft. of gross floor area 1 space per 500 sq. ft. of gross floor area 9. 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 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 Chapter 18.116 (2/2017) 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. 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. Chapter 18.116 (2/2017) 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. (Ord. 2010-018 §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) 18.116.031. Bicycle Parking. New development and any construction, renovation or alteration of an existing use requiring a site plan review under DCC Title 18 for which planning approval is applied for after the effective date of Ordinance 93-005 shall comply with the provisions of DCC 18.116.031. A. Number and Type of Bicycle Parking Spaces Required. 1. General Minimum Standard. a. All uses that require off-street motor vehicle parking shall, except as specifically noted, provide one bicycle parking space for every five required motor vehicle parking spaces. b. Except as specifically set forth herein, all such parking facilities shall include at least two sheltered parking spaces or, where more than 10 bicycle spaces are required, at least 50 percent of the bicycle parking spaces shall be sheltered. c. When the proposed use is located outside of an unincorporated community, a destination resort, and a rural commercial zone, exceptions to the bicycle parking standards may be authorized by the Planning Director or Hearings Body if the applicant demonstrates one or more of the following: i The proposed use is in a location accessed by roads with no bikeways and bicycle use by customers or employees is unlikely. ii. The proposed use generates less than 50 vehicle trips per day. iii. No existing buildings on the site will accommodate bicycle parking and no new buildings are proposed. iv. The size, weight, or dimensions of the goods sold at the site makes transporting them by bicycle impractical or unlikely. v. The use of the site requires equipment that makes it unlikely that a bicycle would be used to access the site. Representative examples would include, but not be limited to, paintball parks, golf courses, shooting ranges, etc. 2. Special Minimum Standards. a. Multi -Family Residences. Every residential use of four or more dwelling units shall provide at least one bicycle parking space for each unit. In those instances in which the residential complex has no garage, required spaces shall be sheltered. b. Parking Lots. All public and commercial parking lots and parking structures shall provide a minimum of one bicycle parking space for every 10 motor vehicle parking spaces. Chapter 18.116 (2/2017) c. Schools. Schools, both public and private, shall provide one bicycle parking space for every 25 students, half of which shall be sheltered. d. Colleges. One-half of the bicycle parking spaces at colleges, universities and trade schools shall be sheltered facilities. 3. Trade Off with Motor Vehicle Parking Spaces. a. One motor vehicle parking space may be deleted from the required number of spaces in exchange for providing required bicycle parking. i. Any deleted motor vehicle space beyond the one allowed above shall be replaced with at least one bicycle spaces. ii. If such additional parking is to be located in the area of the deleted automobile parking space, it must meet all other bicycle parking standards. b. The Hearings Body or Planning Director may authorize additional bicycle parking in exchange for required motor vehicle parking in areas of demonstrated, anticipated, or desired high bicycle use. 4. Calculating number of bicycle spaces. a. Fractional spaces shall be rounded up to the next whole space. b. For facilities with multiple uses (such as a commercial center) bicycle -parking requirements shall be calculated by using the total number of motor vehicle spaces required for the entire development. B. Bicycle Parking Design. 1. General Description. a. Sheltered Parking. Sheltered parking may be provided within a bicycle storage room, bicycle locker, or racks inside a building; in bicycle lockers or racks in an accessory parking structure; underneath an awning, eave, or other overhang; or by other facility as determined by the Hearings Body or Planning Director that protects the bicycle from direct exposure to the elements. b. Unsheltered parking may be provided by bicycle racks. 2. Location. a. Required bicycle parking that is located outdoors shall be located on-site within 50 feet of main entrances and not farther from the entrance than the closest motor vehicle parking space. i. Bicycle parking shall be located in areas of greatest use and convenience to bicyclist. ii. Such bicycle parking shall have direct access to both the public right of way and to the main entrance of the principal use. iii. Bicycle parking shall not impede or create a hazard to pedestrians. iv. Parking areas shall be located so as not to conflict with clear vision areas as prescribed in DCC 18.116.020. b. Bicycle parking facilities shall be separated from motor vehicle parking and drive areas by a barrier or sufficient distance to prevent damage to the parked bicycle. c. Where bicycle parking facilities are not directly visible and obvious from the public right(s) of way, entry and directional signs shall be provided to direct bicyclists for the public right of way to the bicycle parking facility. Directions to sheltered facilities inside a structure may be signed, or supplied by the employer, as appropriate. 3. Dimensional Standards. a. Each bicycle parking space shall be at least two by six feet with a vertical clearance of seven feet. b. An access aisle of at least five feet wide shall be provided and maintained beside or between each row of bicycle parking. c. Each required bicycle parking space shall be accessible without moving another bicycle. Chapter 18.116 (2/2017) 4. Surface. The surface of an outdoor parking facility shall be surfaced in the same manner as the motor vehicle parking area or with a minimum of one -inch thickness of aggregate material. This surface will be maintained in a smooth, durable, and well -drained condition. 5. Security. a. Bicycle parking facilities shall offer security in the form of either a lockable enclosure in which the bicycle can be stored or a stationary object (i.e., a "rack") upon which the bicycle can be locked. Structures that require a user -supplied lock shall accommodate both cables and U-shaped locks and shall permit the frame and both wheels to be secured (removing the front wheel may be necessary). All bicycle racks, lockers, or other facilities shall be permanently anchored to the surface of the ground or to a structure. b. Lighting shall be provided in a bicycle parking area so that all facilities are thoroughly illuminated and visible from adjacent sidewalks or motor vehicle parking. 6. Other means that provide the above level of bicycle parking may be approved by the Hearings Body or the Planning Director. (Ord. 2010-010 §1, 2010; Ord. 93-005 §4, 1993) 18.116.035. Bicycle Commuter Facilities. A. Each commercial or public building having a work force of at least 25 people shall have bicycle commuter facilities consisting of shower(s) and changing rooms(s). For facilities with more than one building (such as a college), bicycle commuter facilities may be located in a central location. B. This provision shall apply to (1) new development requiring off-street parking and (2) any construction, renovation or alteration of an existing use requiring a site plan review under DCC Title 18 for which planning approval is applied for after the effective date of Ordinance 93-005. (Ord. 93-005 §5, 1993) 18.116.036. Special parking provisions for the Sunriver Town Center (TC) District. A. Required Motor Vehicle Parking. The following motor vehicle parking requirements apply to development in the Town Center (TC) District of the Sunriver UUC in lieu of the requirements of DCC 18.116.030(D): Use Townhomes and Multi- family Residential buildings with 8 units or less: Studio or Efficiency 1 bedroom 2 bedrooms 3 bedrooms 4 bedrooms Mixed Use Structures and Multi -family Residential buildings with more than 8 units: Studio or Efficiency 1 bedroom Requirements 1.00 space per unit 1.00 space per unit 1.50 space per unit 2.00 spaces per unit 2.00 spaces per unit 1.00 space per unit 1.00 space per unit Chapter 18.116 (2/2017) TABLE 1 DCC Section 18.116.030 OFF-STREET PARKING LOT DESIGN A B C D E F 9'-0" 9.0 12.0 22.0 30.0 0° 9'-6" 9.5 12.0 22.0 31.0 10'-0" 10.0 12.0 22.0 32.0 9'-0" 19.8 13.0 12.7 52.5 45° 9'-6" 20.1 13.0 13.4 53.3 10'-0" 20.5 13.0 14.1 54.0 9'-6" 21.2 18.0 11.0 60.4 60° 10'-0" 21.5 18.0 11.9 61.0 9'-0" 21.0 19.0 9.6 61.0 70° 9'-6" 212 18.5 10.1 60.9 10'-0" 21.2 18.0 10.6 60.4 9'-0" 20.0 24.0 9.0 64.0 90° 9'-6" 20.0 24.0 9.5 64.0 10'-0" 20.0 24.0 10.0 64.0 A. Parking Angle B. Stall Width C. 20' Stall D. Aisle Width -One Way* E. Curb Length Per Car F. Bay Width * 24' Minimum for Two -Way Traffic Chapter 18.116 (2/2017) Chapter 18.124. SITE PLAN REVIEW 18.124.010. Purpose. 18.124.020. Elements of Site Plan. 18.124.030. Approval Required. 18.124.040. Contents and Procedure. 18.124.050. Decision on Site Plan. 18.124.060. Approval Criteria. 18.124.070. Required Minimum Standards. 18.124.080. Other Conditions. 18.124.090. Right of Way Improvement Standards. 18.124.010. Purpose. DCC 18.124.010 provides for administrative review of the design of certain developments and improvements in order to promote functional, safe, innovative and attractive site development compatible with the natural and man-made environment. (Ord. 91-020 §1, 1991) 18.124.020. Elements of Site Plan. The elements of a site plan are: The layout and design of all existing and proposed improvements, including, but not limited to, buildings, structures, parking, circulation areas, outdoor storage areas, bicycle parking, landscape areas, service and delivery areas, outdoor recreation areas, retaining walls, signs and graphics, cut and fill actions, accessways, pedestrian walkways, buffering and screening measures and street furniture. (Ord. 93-043 §22D, 1993; Ord. 93-005 §6, 1993) 18.124.030. Approval Required. A. No building, grading, parking, land use, sign or other required permit shall be issued for a use subject to DCC 18.124.030, nor shall such a use be commenced, enlarged, altered or changed until a final site plan is approved according to DCC Title 22, the Uniform Development Procedures Ordinance. B. The provisions of DCC 18.124.030 shall apply to the following: 1. All conditional use permits where a site plan is a condition of approval; 2. Multiple -family dwellings with more than three units; 3. All commercial uses that require parking facilities; 4. All industrial uses; 5. All other uses that serve the general public or that otherwise require parking facilities, including, but not limited to, landfills, schools, utility facilities, churches, community buildings, cemeteries, mausoleums, crematories, airports, parks and recreation facilities and livestock sales yards; and 6. As specified for Flood Plain Zones (FP) and Surface Mining Impact Area Combining Zones (SMIA). 7. Non-commercial wind energy system generating greater than 15 to 100 kW of electricity. C. The provisions of DCC 18.124.030 shall not apply to uses involving the stabling and training of equine in the EFU zone, noncommercial stables and horse events not requiring a conditional use permit. D. Noncompliance with a final approved site plan shall be a zoning ordinance violation. E. As a condition of approval of any action not included in DCC 18.124.030(B), the Planning Director or Hearings Body may require site plan approval prior to the issuance of any permits. Chapter 18.124 1 (09/2014) (Ord. 2011-009 §1, 2011; Ord. 2003-034 §2, 2003; Ord. 94-008 §14, 1994; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 86-032 §1, 1986) 18.124.040. Contents and Procedure. A. Any site plan shall be filed on a form provided by the Planning Department and shall be accompanied by such drawings, sketches and descriptions necessary to describe the proposed development. A plan shall not be deemed complete unless all information requested is provided. B. Prior to filing a site plan, the applicant shall confer with the Planning Director or his representative concerning the requirements for formal application. C. After the pre -application conference, the applicant shall submit a site development plan, an inventory of existing plant materials including all trees six inches in diameter or greater and other significant species, a landscape plan and architectural drawings including floor plans and elevations. D. The site plan shall indicate the following: 1. Access to site from adjacent rights of way, streets and arterial. 2. Parking and circulation areas. 3. Location, dimensions (height and bulk) and design of buildings and signs. 4. Orientation of windows and doors. 5. Entrances and exits. 6. Private and shared outdoor recreation spaces. 7. Pedestrian circulation. 8. Public play areas. 9. Service areas for uses such as mail delivery, trash disposal, above ground utilities, loading and delivery. 10. Areas to be landscaped. 11. Exterior lighting. 12. Special provisions for disabled persons. 13. Existing topography of the site at intervals appropriate to the site, but in no case having a contour interval greater than 10 feet. 14. Signs. 15. Public improvements. 16. Drainfield locations. 17. Bicycle parking facilities, with location of racks, signage, lighting, and showing the design of the shelter for long term parking facilities. 18. Any required bicycle commuter facilities. 19. Other site elements and information which will assist in the evaluation of site development. E. The landscape plan shall indicate: 1. The size, species and approximate locations of existing natural plant materials proposed to be retained and new plant materials proposed to be placed on site. 2. Proposed site contouring. 3. An explanation of how drainage and soil erosion is to be dealt with during and after construction. (Ord. 2003-034 §2, 2003; Ord. 93-005 §7, 1993; Ord. 91-020 §1, 1991) 18.124.050. Decision on Site Plan. A. The Planning Director or Hearings Body may deny the site plan or approve it with such modifications and conditions as may be consistent with the Comprehensive Plan or the criteria and standards listed in DCC Title 18. B. The Planning Director or Hearings Body as a condition of approval may require that the applicant file with the County a performance bond or other security approved by the governing body to assure full and Chapter 18.124 2 (09/2014) faithful performance of any required improvements. The bond shall be for the dollar amount plus 10 percent of the estimated cost of the improvements. C. Planning Director or Hearings Body review shall be subject to DCC Title 22, the Uniform Development Procedures Ordinance. (Ord. 91-020 §1, 1991; Ord. 86-032 §1, 1986) 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. I. 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. 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. 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. (Ord. 2010-018 §2, 2010, Ord. 93-043 §§21, 22 and 22A, 1993; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991) 18.124.070. Required Minimum Standards. A. Private or shared outdoor recreation areas in residential developments. 1. Private Areas. Other than a development in the Sunriver UUC Town Center District, each ground -level living unit in a residential development subject to site plan approval shall have an accessible outdoor private space of not less than 48 square feet in area. The area shall be enclosed, screened or otherwise designed to provide privacy for unit residents and their guests. Chapter 18.124 3 (09/2014) 2. Shared Areas. Usable outdoor recreation space shall be provided for the shared use of residents and their guests in any apartment residential development, as follows: a. Units with one or two bedrooms: 200 square feet per unit. b. Units with three or more bedrooms: 300 square feet per unit. 3. Usable outdoor recreation space shall be provided in the Sunriver UUC Town Center District on a district -wide basis as follows: a. A minimum of one hundred square feet of outdoor recreation space per Multi -family Dwelling unit or Townhome that is accessible to residents or guests staying in Multi -family Dwelling or Townhome units. b. Outdoor recreation spaces may include bicycle paths, plazas, play areas, water features, ice rinks, pools and similar amenities that are located outdoors. c. Outdoor recreation space must include recreation for children who are district residents, such as a maintained playground area with approved equipment such as swings or slides. 4. Storage. In residential developments, convenient areas shall be provided for the storage of articles such as bicycles, barbecues, luggage, outdoor furniture, etc. These areas shall be entirely enclosed. B. Required Landscaped Areas. 1. The following landscape requirements are established for multi -family, commercial and industrial developments, subject to site plan approval: a. A minimum of 15 percent of the lot area shall be landscaped. b. All areas subject to the final site plan and not otherwise improved shall be landscaped. 2. In addition to the requirement of DCC 18.124.070(B)(1)(a), the following landscape requirements shall apply to parking and loading areas: a. A parking or loading area shall be required to be improved with defined landscaped areas totaling no less than 25 square feet per parking space. b. In addition to the landscaping required by DCC 18.124.070(B)(2)(a), a parking or loading area shall be separated from any lot line adjacent to a roadway by a landscaped strip at least 10 feet in width, and from any other lot line by a landscaped strip at least five feet in width. c. A landscaped strip separating a parking or loading area from a street shall contain: 1) Trees spaced as appropriate to the species, not to exceed 35 feet apart on the average. 2) Low shrubs not to reach a height greater than three feet zero inches, spaced no more than eight feet apart on the average. 3) Vegetative ground cover. d. Landscaping in a parking or loading area shall be located in defined landscaped areas which are uniformly distributed throughout the parking or loading area. e. The landscaping in a parking area shall have a width of not less than five feet. f. Provision shall be made for watering planting areas where such care is required. g. Required landscaping shall be continuously maintained and kept alive and attractive. h. Maximum height of tree species shall be considered when planting under overhead utility lines. C. Non -motorized Access. 1. Bicycle Parking. The development shall provide the number and type of bicycle parking facilities as required in DCC 18.116.031 and 18.116.035. The location and design of bicycle parking facilities shall be indicated on the site plan. 2. Pedestrian Access and Circulation: a. Internal pedestrian circulation shall be provided in new commercial, office and multi -family residential developments through the clustering of buildings, construction of hard surface pedestrian walkways, and similar techniques. b. Pedestrian walkways shall connect building entrances to one another and from building entrances to public streets and existing or planned transit facilities. On-site walkways shall connect with walkways, sidewalks, bikeways, and other pedestrian or bicycle connections on adjacent properties planned or used for commercial, multi -family, public or park use. Chapter 18.124 4 (09/2014) c. Walkways shall be at least five feet in paved unobstructed width. Walkways which border parking spaces shall be at least seven feet wide unless concrete bumpers or curbing and landscaping or other similar improvements are provided which prevent parked vehicles from obstructing the walkway. Walkways shall be as direct as possible. d. Driveway crossings by walkways shall be minimized. Where the walkway system crosses driveways, parking areas and loading areas, the walkway must be clearly identifiable through the use of elevation changes, speed bumps, a different paving material or other similar method. e. To comply with the Americans with Disabilities Act, the primary building entrance and any walkway that connects a transit stop to building entrances shall have a maximum slope of five percent. Walkways up to eight percent slope are permitted, but are treated as ramps with special standards for railings and landings. D. Commercial Development Standards: 1. New commercial buildings shall be sited at the front yard setback line for lots with one frontage, and at both front yard setback lines for corner lots, and oriented to at least one of these streets, except in the Sunriver UUC Business Park (BP) District and Town Center (TC) District and the La Pine UUC Business Park (LPBP) District. The building(s) and any eaves, overhangs or awnings shall not interfere with the required clear vision area at comers or driveways. 2. To meet the standard in paragraph (1) of this subsection, buildings developed as part of a shopping complex, as defined by this title, and planned for the interior, rear or non -street side of the complex may be located and oriented toward private interior streets within the development if consistent with all other standards of paragraph (1) above and this paragraph. Interior streets used to satisfy this standard may have on -street parking and shall have sidewalks along the street in front of the building. Such sidewalks shall connect to existing or future sidewalks on public streets accessing the site. The master plan for the shopping complex shall demonstrate that at least one half of the exterior perimeter of the site that abuts each public street, will be developed with buildings meeting the standards of paragraphs (D)(1) or (D)(3) of this subsection. 3. An increase in the front yard setback may be allowed where the applicant can demonstrate that one or more of the following factors makes it desirable to site the new building beyond the minimum street setback: a. Existing development on the site; b. Lot configuration; c. Topography of the lot; d. Significant trees or other vegetative features that could be retained by allowing a greater setback; e. Location of driveway access. Such an increase in the front yard shall be the minimum necessary to accommodate the reason for the increase. f. Architectural features, driveways, landscaping areas equal to or greater than the depth of the structure, and outdoor commercial areas, when at least one half of the structure meets the minimum street setback. 4. Off-street motor vehicle parking for new commercial developments in excess of 10,000 square feet shall be located at the side or behind the building(s), except in the Sunriver UUC Business Park (BP) District and Town Center (TC) District. Off-street parking proposed with a shopping complex, as defined by this title, and intended to serve buildings located in the interior or rear of the complex may have parking in front of the building provided the overall master plan for the site satisfies paragraph (2) of this subsection. (Ord. 2008-015 §4, 2008; Ord. 2006-008 §8, 2006; Ord. 2002-033 §1, 2002; Ord. 2001-044 §5, 2001; Ord. 97-078 §7, 1997; Ord. 93-063 §3, 1993; Ord. 93-043 §22B, 1993; Ord. 93-005 §8, 1993) Chapter 18.124 5 (09/2014) 18.124.080. Other Conditions. The Planning Director or Hearings Body may require the following in addition to the minimum standards of DCC Title 18 as a condition for site plan approval. A. An increase in the required yards. B. Additional off street parking. C. Screening of the proposed use by a fence or landscaping or combination thereof. D. Limitations on the size, type, location, orientation and number of lights. E. Limitations on the number and location of curb cuts. F. Dedication of land for the creation or enlargement of streets where the existing street system will be impacted by or is inadequate to handle the additional burden caused by the proposed use. G. Improvement, including but not limited to paving, curbing, installation of traffic signals and constructing sidewalks or the street system that serves the proposed use where the existing street system will be burdened by the proposed use. H. Improvement or enlargement of utilities serving the proposed use where the existing utilities system will be burdened by the proposed use. Improvements may include, but shall not be limited to, extension of utility facilities to serve the proposed use and installation of fire hydrants. I. Landscaping of the site. J. Traffic Impact Study as identified in Title 18.116.310 K. Any other limitations or conditions that are considered necessary to achieve the purposes of DCC Title 18. (Ord. 2014-017 §1, 2014; Ord. 2006-005 §1, 2006; Ord. 95 075 §1, 1995; Ord. 93 043 §22C, 1993) 18.124.090. Right of Way Improvement Standards. Any dedications or improvements to the road right of way required under DCC 18.124 shall meet the standards for road right of way improvements set forth in DCC Title 17 and any standards for right-of-way improvements set forth in DCC Title 18 for the particular zone in question. (Ord. 97-003 §4, 1997) Chapter 18.124 6 (09/2014) Chapter 18.128. CONDITIONAL USE 18.128.010. Operation. 18.128.015. General Standards Governing Conditional Uses. 18.128.020. Conditions. 18.128.030. Performance Bond. 18.128.040. Specific Use Standards. 18.128.050. Airports, Aircraft Landing Fields, Aircraft Charter, Rental, Service Maintenance Facilities Not Located in the A -D Zone. 18.128.060. Automobile Wrecking Yard or Junkyard. 18.128.070. Cemeteries. 18.128.080. Church, Hospital, Nursing Home, Convalescent Home, Retirement Home. 18.128.090. Medical Clinic, Veterinary Clinic, Club, Lodge, Fraternal Organization, Community Center, Grange Hall, Golf Course, Horse Stable and Horse Events Requiring Conditional Uses, Grounds and Buildings For Games or Sports, Country Club, Swimming, Boating, Tennis Clubs and Similar Activities, Government Structures and Land Uses, Parks, Playgrounds. 18.128.100. Dog Pounds and Kennels. 18.128.110. Repealed. 18.128.120. Landfill, Solid Waste Disposal Site. 18.128.130. Commercial Use or Accessory Use Not Wholly Enclosed Within A Building, or a Retail Establishment, Office, Service Commercial Establishment, Financial Institution, or Personal or Business Service Establishment on a Lot Adjoining or Across a Street From a Lot on a Residential Zone. 18.128.140. Commercial Amusement Establishment. 18.128.150. Manufactured Home Park. 18.128.160. Multi -Family Dwelling Complex. 18.128.170. Recreational Vehicle Park. 18.128.180. Radio, Television Tower, Utility Station or Substation. 18.128.190. Schools. 18.128.200. Cluster Development (Single -Family Residential Uses Only). 18.128.210. Planned Development. 18.128.220. Planned Communities. 18.128.230. Dude Ranches. 18.128.240. Shopping Complex. 18.128.250. High -Temperature Geothermal Wells and Small -Scale Geothermal Energy Facilities. 18.128.260. Hydroelectric Facilities. 18.128.270. Fill and Removal. 18.128.280. Surface Mining of Non -Goal 5 Mineral and Aggregate Resources 18.128.290. Storage, Crushing and Processing of Minerals in Conjunction with the Maintenance or Construction of Public Roads or Highways. 18.128.300. Mini -Storage Facility. 18.128.310. Bed and Breakfast Inn. 18.128.320. Campgrounds. 18.128.330. Microwave and Radio Communication Towers in the SM Zone. 18.128.340. Wireless Telecommunications Facilities. 18.128.350. Guest Lodge. 18.128.360. Guest Ranch. 18.128.370. Time -Share Unit. 18.128.380. Procedure for Taking Action on Conditional Use Application. 18.128 (03/2016) 18.128.390. Time Limit on a Permit for a Conditional Use. 18.128.400. Occupancy Permit. 18.128.410. Repealed. 18.128.420. Building Permit for an Approved Conditional Use. 18.128.010. Operation. A. A conditional use listed in DCC Title 18 shall be permitted, altered or denied in accordance with the standards and procedures of this title; DCC Title 22, the Uniform Development Procedures Ordinance; and the Comprehensive Plan. B. In the case of a use existing prior to the effective date of DCC Title 18 and classified in DCC Title 18 as a conditional use, any change in use or lot area or an alteration of structure shall conform with the requirements for a conditional use. (Ord. 86-032 §1, 1986) 18.128.015. General Standards Governing Conditional Uses. Except for those conditional uses permitting individual single-family dwellings, conditional uses shall comply with the following standards in addition to the standards of the zone in which the conditional use is located and any other applicable standards of the chapter: A. The site under consideration shall be determined to be suitable for the proposed use based on the following factors: 1. Site, design and operating characteristics of the use; 2. Adequacy of transportation access to the site; and 3. The natural and physical features of the site, including, but not limited to, general topography, natural hazards and natural resource values. B. The proposed use shall be compatible with existing and projected uses on surrounding properties based on the factors listed in DCC 18.128.015(A). C. These standards and any other standards of DCC 18.128 may be met by the imposition of conditions calculated to insure that the standard will be met. (Ord. 92-047 §1, 1992; Ord. 91-038 §3, 1991) 18.128.020. Conditions. In addition to the standards and conditions set forth in a specific zone or in DCC 18.124, the Planning Director or the Hearings Body may impose the following conditions upon a finding that additional restrictions are warranted. A. Require a limitation on manner in which the use is conducted, including restriction of hours of operation and restraints to minimize environmental effects such as noise, vibrations, air pollution, glare or odor. B. Require a special yard or other open space or a change in lot area or lot dimension. C. Require a limitation on the height, size or location of a structure. D. Specify the size, number, location and nature of vehicle access points. E. Increase the required street dedication, roadway width or require additional improvements within the street right of way. F. Designate the size, location, screening, drainage, surfacing or other improvement of a parking or loading area. G. Limit or specify the number, size, location, height and lighting of signs. H. Limit the location and intensity of outdoor lighting and require shielding. 18.128 (03/2016) F. Breakfast shall be the only meal provided to inn guests. G. The exterior of the building shall maintain a residential appearance. H. The bed and breakfast inn shall be operated in a way that will prevent unreasonable disturbance to area residents. I. One off-street parking space shall be provided for each guest room in addition to parking required for the residence. J. Approval shall be conditioned upon compliance with all applicable state building code requirements and state sanitation requirements. K. Bed and breakfast inns in the Wildlife Area Combining Zone are subject to the provisions of DCC 18.88. (Ord. 98-013 §5, 1998; Ord. 95-075 §1, 1995; Ord. 91-038 §3, 1991) 18.128.320. Campgrounds. A conditional use permit for a campground may be issued only when the following criteria are met: A. Campgrounds shall provide patrons with opportunities for outdoor recreation that are compatible with the natural setting of the area. Outdoor recreation activities include fishing, swimming, boating, hiking, bicycling, horseback riding and other similar activities. Outdoor recreation does not include commercial uses such as miniature golf courses, go-cart tracks or rental of equipment or animals. B. Street access shall be provided as follows: 1. The campground shall obtain direct access from a street or road designated as an arterial or collector by the Deschutes County Comprehensive Plan. 2. Access to the campground shall be adequate to handle the anticipated traffic generated by the use. 3. The Deschutes County Public Works Department or the State Highway Division may require refuge lanes for left-hand turns and deceleration lanes for right-hand turns where necessary for public safety. C. Water supply and sewage disposal shall be provided as follows: 1. Applicant shall demonstrate that there is adequate potable water available at the site to serve the campground. When the water is to be supplied from a well, a well log is required to show that an ample supply of water will be available for the campground it will serve. 2. Plans for water supply and sewage disposal improvements must be approved by the State Health Division and the Department of Environmental Quality. 3. Evidence shall be provided to demonstrate that the campground will be eligible for a certificate of sanitation as required by the Oregon Department of Environmental Quality. D. A campground shall conform to state standards specified in OAR Chapter 918, Division 650 and the following: 1. Sixty-five percent of a parcel developed as a campground shall be retained as open space. Natural vegetation shall be maintained in open space areas to the fullest extent possible. Walkways, roadways, parking spaces, structures, service areas and campsites shall not be considered open space. 2. The space provided for each campsite shall be not less than 1600 square feet exclusive of any space used for common areas such as roadways, general use structures, walkways, landscaped areas and parking spaces other than those assigned to particular campsites. 3. Campgrounds shall provide potable water, toilet and shower facilities, lighting, picnic tables and garbage collection sites for the convenient use of campers as specified in ORS 918.650. Water and electric lines shall be placed underground. 4. Campgrounds shall not provide campsite hookups for sewage disposal or electricity. A centralized sewage dump station that meets state standards may be provided. 18.128 (03/2016) 5. Roadways permitting one-way traffic shall be not less than 10 feet wide and those permitting two-way traffic shall not be less than 20 feet wide. Where parking is allowed on the margin of the road, an additional 10 feet shall be added for each parking lane. Roadways shall be improved with an all-weather, dustless surface. 6. Except for the access roadway serving the campground, no vehicular or pedestrian access shall be allowed out of the campground. Fences shall be provided which prevent trespass to property not under the control of the campground owner. 7. Each campsite shall be provided with at least one parking space which shall be paved or covered with crushed gravel and designed to promote drainage of surface runoff. 8. Campgrounds shall be surrounded by buffer strips of existing vegetation or landscaping. 9. To promote privacy and preserve the integrity of the natural setting, campgrounds shall retain existing vegetation to the fullest extent practical. 10. Yards and Setbacks. a. Campsites or parking spaces shall not be located within the yard and setback areas required by the County for permanent buildings in the zone in which the campground is located. b. No developed portion of the campground shall be located within 100 feet of the right of way of any road or property line of a lot not part of the campground. c. No developed portion of the campground shall be located closer than 300 feet from a road in a Landscape Management overlay zone. d. Setback requirements in DCC 18.128.320(D)(10)(b) and (c) may be waived upon a finding by the Planning Director or Hearings Body that the developed portion of the campground will be sufficiently screened and buffered from neighboring properties or the protected landscape area. 11. Tent campers and recreational vehicles shall not remain in the campground for more than 30 days in any 60 -day period. 12. The campground shall be licensed as a tourist facility by the State Department of Health as specified in ORS 446, unless operated by a public entity, timber company or private utility. 13. One dwelling may be allowed for a resident caretaker or proprietor. (Ord. 2004-013 §14, 2004; Ord. 95-075 §1, 1995; Ord. 91-038 §3, 1991) 18.128.330. Microwave and Radio Communication Towers in the SM Zone. A conditional use permit for siting of a microwave or radio communication tower and accessory equipment structures in the SM Zone shall be subject to the criteria of DCC 18.128.340 and the following criteria: A. Towers shall be limited to monopole towers of under 150 feet and lighted only as prescribed by aviation safety regulations. B. Towers and accessory equipment structures shall be located only on portions of an SM -Zoned site that do not overlay economically viable mineral or aggregate deposits and that minimize conflicts with mining operations at the site. C. Such facilities proposed in an SM Zone where the underlying or surrounding comprehensive plan designation is for forest use must demonstrate compliance with the criteria set forth in DCC 18.36.040. D. No new parcels or lots shall be created for siting of the proposed tower. E. Such facilities must not conflict with any site plan which has been previously approved by the County. (Ord. 97-017 §8, 1997; Ord. 95-075 §1, 1995; Ord. 95-046 §3, 1995) 18.128 (03/2016) ARCHITECTURAL SITE PLAN MAZAMA RANCH AT SMITH ROCK 1 12/04/17