Loading...
2021-1-Minutes for Meeting December 16,2020 Recorded 1/5/2021Recorded in Deschutes County CJ2021-1 Nancy Blankenship, County Clerk Commissioners' .journal 01 /05/2021 10:35:27 AM w Z� n 2021-1 { BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541 ) 388-6570 10:00 AM Wednesday, December 16, 2020 BARN ES & SAWYER ROOMS VIRTUAL MEETING PLATFORM Present were Commissioners Patti Adair, Anthony DeBone (via Zoom conference call and in person), and Phil Henderson. Also present were Tom Anderson, County Administrator; David Doyle, County Counsel (via Zoom conference call); and Samantha Pepper, BOCC Administrative Assistant (via Zoom conference call). Attendance was Iii7�it� ji i� to C rni�rnnr'�/iri i� nrrinr� This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website httQ://deschutescountyor.iqm2.com/Citizens/DefaulLaspx CALL TO ORDER: Chair Adair called the meeting to order at 10:03 a.m. PLEDGE OF ALLEGIANCE: CITIZEN INPUT: CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. DEBONE: Move approval of Consent Agenda ADAIR: Second VOTE: HENDERSON: Absent BOCC MEETING DECEMBER 16, 2020 PAGE 1 OF 9 DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 1. Consideration of Board Signature of Document No. 2020-814, a Lease Between Deschutes County and Saving Grace (Marys Place). 2. Consideration of Board Signature of Document 2020-826, a Bargain and Sale Deed to Convey 0.04-Acres of County -Owned Property Known as Map and TaxLot 181122DA01200 to Elkai Woods Fractional Homeowners Association, Inc. 3. Consideration of Board Signature of Resolution No. 2020-074 to Approve an Extension in Limited Duration FTE in the FY 2020-21 Deschutes County Budget 4. Consideration of Board Signature to thank Eileen White of the Deschutes County Behavioral Health Advisory Board 5. Consideration of Board Signature to appoint Stephanie Sahleen to the Deschutes County Health Advisory Board 6. Consideration of Board Signature to appoint John Estes to the Ponderosa Pines East Special Road District 7. Consideration of Board Signature to appoint Kathleen Stockton to the Sun MouiitaI Rai i�11 Special Road District it t 8. Consideration of Board Signature to appoint Shelly Sandford to the River Forest Acres Special Road District 9. Consideration of Board Signature to appoint Daniel Coblentz to the Forest View Special Road District 10. Consideration of Board Signature to reappoint Danielle Hebener to the Hilltop Acres Special Road District 11. Consideration of Board Signature to reappoint Carolyn Chase to the Cascade View Estates Special Road District 12. Approval of Minutes of the November 30, 2020 BOCC Meeting 13. Approval of Minutes of the December 2, 2020 BOCC Meeting 14. Approval of Minutes of the December 7, 2020 BOCC Meeting 15. Approval of Minutes of the December 9, 2020 BOCC Meeting Commissioner Henderson joined the meeting (in person) at 10:06 a.m. ACTION ITEMS: BOCC MEETING DECEMBER 16, 2020 PAGE 2 OF 9 16. COVID UPDATE Public Health Director Nahad Sadr- Azodi updates Commissioners on the latest COIVD pandemic statistics. Commissioner Henderson mentions comparing statics and how they are recorded by other states. Mr. Sadr- Azodi states that the United States Food & Drug Administration just released emergency use vaccine authorizations. The Pfizer/BioNTech vaccine is 95% effective to fight COVID. He goes on to explain the release of this vaccine and the monitoring thereafter. 17. CARES Act Funding Update County Chief Financial Officer Greg Munn updates Commissioners on the list of the CARES fund allocations and remaining balance of funds. He asks the Board on how they would like to distribute the remaining funds. HENDERSON: Move to allocate remaining CARES funds in the amount of $70,000 to business assistance and $3,604 split evenly between warehouse expansion and courthouse rental fees. DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 18. Consideration of Letter of Support Request from the Brewing Industry Silver Moon Brewing owner James Watts and Robin Clement owner of BOCC MEETING DECEMBER 16, 2020 PAGE 3 OF 9 Monkles Belgian Ales present a slideshow on industry and sector guidance in the brewing industry. The whole brewing industry is looking for support to remain open while doing all proper safety protocols. Environmental Health Supervisor Eric Mone mentions that he will reach out to the state and other counties on what they are doing to support this mission. Commissioners support a letter to the state to modify some of the state's guidelines specific to air flow and ventilation. The letter will be reviewed and considered for approval on Monday. LUNCH RECESS: At a time of 12:04 p.m., the Board took a lunch recess and reconvened at 1:01 p.m. Commissioner DeBone joins the meeting in person at 1:01 p.m. 19. Consideration of Board Signature of Document No. 2020-833, 2020 Sunriver Community Wildfire Protection Plan County Forester Ed Keith presents Commissioners with the most recent Sunriver Community Wildfire Protection Plan. County Fire Adapted Wildfire Coordinator Boone Zimmerlee states that work on this plan started in February 2020. There are slight adjustments. Commissioner DeBone would like to see a press release regarding this document so all County and Sunriver residents are aware. Commissioner Henderson asked if there was any public involvement in the process. Mr. Zimmerlee states that there were several email and phone conversations with community members. DEBONE: Move approval of Board Signature of Document No. 2020-833, 2020 Sunriver Community Wildfire Protection Plan HENDERSON: Second VOTE: DEBONE: Yes BOCC MEETING DECEMBER 16, 2020 PAGE 4 OF 9 HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried 20. PRESENTATION: Annual Report for the Bend Smoke Sensitive Receptor Area Community Response Plan County Forester Ed Keith updates the Board on the Bend Smoke Sensitive Receptor Response Plan. Commissioner Henderson suggests using the public information officer that was recently hired and Mr. Zimmerlee to talk with the community to keep everyone safe. HENDERSON: Move approval of Annual Report with the suggested edits to the Oregon Department of Forestry to bring the county into compliance with the air quality plan DEBONE: Second VOTE: HENDERSON: Yes DEBO VE: Yes ADAIR: Chair votes yes. Motion Carried 21. 2021 Arts & Culture Grant Review Administrative Analyst Laura Skundrick states that $20,000 was allocated to Arts & Culture grants after the last quarterly grant review process. Commissioners allocated the following: BenclFilm- $2,500.00 Cascade School of Music- $2,000.00 Cascade Theatrical Company- $3,000.00 Central Oregon Writers' Guild- $1,000.00 BOCC MEETING DECEMBER 16, 2020 PAGE 5 OF 9 Dry Canyon Arts Association- $1,000.00 High Desert Mural Festival- $1,000.00 High Desert Museum- $1,000.00 ScaleHouse- $2,000.00 Sunriver Music Festival- $2,500.00 Sunriver Stars Community Theater- $2,500.00 Tower Theatre Foundation- $2,500.00 Ms. Skundrick states that several prior year recipients were not able to hold the funded events due to COVID restrictions. She asks if Commissioners would be interested in extending the reporting deadline. DEBONE: Move to allow prior year grant recipients to extend their funds into 2021. HENDERSON: Second VOTE: DEBONE: Yes HENDERSON: Yes ADAIR: Chair votes yes. Motion Carried 22. FIRST READING: Consideration of Ordinance No. 2020-018, Amendments to Deschutes County Code Chapters 18.76, Airport Development Zone, and 18.116, Supplementary Provisions Senior Planner Anthony Raguine offered that he was available to answer questions the Board might have regarding this Ordinance. HENDERSON: Move approval of first reading of Ordinance No. 2020-018 by title only. DEBONE: Second VOTE: HENDERSON: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried BOCC MEETING DECEMBER 16, 2020 PAGE 6 OF 9 23. DELIBERATIONS: Continued: The Applicants Request a Property Line Adjustment and a Tentative Plan Approval to Establish a 10- Lot Subdivision in the UAR10 Zone at 19800 Pacific Heights Road Associate Planner Kyle Collins introduces the property line and tentative plan approval for the Smallwood Subdivision. Commissioner Henderson would like to have the setback requirements and design review to only be on the suggested 3 lots. Commissioner DeBone mentions that this area is not meant to be urbanize like other areas that border the City of Bend. DEBONE: Move Deschutes River design review is only required at the 100 foot setback. ADAIR: Second VOTE: DEBONE: Yes HENDERSON: No A MAI1'l��- _ MLJ/-X1R: Chair votes yes. Motion Carried ADAIR: Move to uphold the hearing officer decision with alteration of the conditions. DEBONE: Second VOTE: DEBONE: Yes HENDERSON: No ADAIR: Chair votes yes. Motion Carried 24. PUBLIC HEARING Continuation: Spring River Rural Commercial Text Amendments Associate Planner Cynthia Smidt states that this is a continuation of the BOCC MEETING DECEMBER 16, 2020 PAGE 7 OF 9 Public Hearing. There are redline revisions to clarify the applicant's request in the rural commercial zone. Commissioners and Planning staff discuss the provisions of the code that this text amendments pertains to. County Counsel notes the option of continuing this public hearing to January to affirm some of the directed code revision actions. Commissioner Adair dismissed herself from the meeting at 3:11 p.m. Planning staff will restructure A-2 and B-2 of the memo. Continuation of the Public Hearing (with possible deliberations) will continue to the 30tn. Ms. Smidt will include language for emergency adoption. OTHER ITEMS: • Commissioner Henderson mentions that he was very impressed with the last AOC day on Monday. • Commissioner DeBone states the he has a proposed legislative fix to the mar ��uana LaR IJJUe. flC aJKJ 11 one other Board members are supportive. • Administrator Anderson states that he has gotten the updated membership fee schedule for Eastern Oregon Counties Association. Commissioners will bring back for further review on the 30tn • Administrator Anderson mentions that Business Relief Grant applications were reviewed and some of the funds will be in -person distributed by Commissioners next week. • Whitney Hale mentions to the Board that there was miscalculation in the Arts & Culture Grant review earlier in the meeting. The review will continue to Monday. RECESS: At the time of 3:34 p.m., the Board took a recess and reconvened at 3:41 p.m. BOCC MEETING DECEMBER 16, 2020 PAGE 8 OF 9 EXECUTIVE SESSION: The Board went into Executive Session at 3:42 p.m. under ORS 192.660 (2) (e) Real Property. The Board came out of Executive Session at 3:48 p.m. Veterans Village Memorandum of Understanding HENDERSON: Moved approval of MOU between Bend Hero's Foundation in Support of Veterans Village. DEBONE: Second VOTE: HENDERSON: Yes DEBEONE: Yes ADAIR: Chair- Absent. Motion Carried Being no further items to Come vefor e i 1e Boar d, 'Lille leeti g Was adjourn led at 3.50 P. rn, DATED this e Day of -"�ff 2020 for the Deschutes County Board of Commissioners, ATTI ADAIR, CHAIR A', ANTHONY DEBONE, VICE CHAIR BOCC MEETING DECEMBER 16, 2020 PAGE 9 OF 9 BOCC MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 AM, WEDNESDAY, DECEMBER 16, 2020 Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend This meeting is open to the public, usually streamed live online and video recorded. To watch it online, visit www. deschutes. org/meetings. Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or discussed. This notice does not limit the Board's ability to address other topics. Item start times are estimated and subject to change without notice. CALL TO ORDER MEETING FORMAT In response to the COVID-19 public health emergency, Oregon Governor Kate Brown issued Executive Order 20-16 directing government entities to utilize virtual meetings whenever possible and to take necessary measures to facilitate public participation in these virtual meetings. Beginning on May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners will be conducted in a virtual format. Attendance/Participation options include: Live Stream Video: Members of the public may still view the BOCC meetings/hearings in real time via the Public Meeting Portal at www.deschutes.org/meetings. Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to comment on any meeting topic that is not on the current agenda. Citizen Input is provided by submitting an email to: citizen input@deschutes org or by leaving a voice message at 541-385-1734. Citizen input received before the start of the meeting will be included in the meeting record. Zoom Meeting Information: Staff and citizens that are presenting agenda items to the Board for consideration or who are planning to testify in a scheduled public hearing may participate via Zoom meeting. The Zoom meeting id and password will be included in either the public hearing materials or through a meeting invite once your agenda item has been included on the agenda. Upon entering the Zoom meeting, you will automatically be placed on hold and in the waiting room. Once you are ready to Board of Commissioners BOCC Meeting Agenda Wednesday, December 16, 2020 Page 1 of 5 present your agenda item, you will be unmuted and placed in the spotlight for your presentation. If you are providing testimony during a hearing, you will be placed in the waiting room until the time of testimony, staff will announce your name and unmute your connection to be invited for testimony. Detailed instructions will be included in the public hearing materials and will be announced at the outset of the public hearing. PLEDGE OF ALLEGIANCE CITIZEN INPUT (for items not on this Agenda) [Note: Because COVID-19 restrictions may limit or preclude in person attendance, citizen input comments may be emailed to citizen in put(@deschutes.org or you may leave a brief voicemail at 541.385.1734. To be timely, citizen input must be received by 9:00am on the day of the meeting.] CONSENT AGENDA 1. Consideration of Board Signature of Document No. 2020-814, a Lease Between Deschutes County and Saving Grace (Mary's Place). 2. Consideration of Board Signature of Document 2020-826, a Bargain and Sale Deed to C'nn\/ey n,n4-ACres of ni �r,r�.-n,e,r..,.J D,— - —,4, V...,..., n --- 11Ly .�VV1 j�u F l UNCI Ly r\1 iuvvi 1 a5 ividp anU T axLot 181122DA01200 to Elkai Woods Fractional Homeowners Association, Inc. 3. Consideration of Board Signature of Resolution No. 2020-074 to Approve an Extension in Limited Duration FTE in the FY 2020-21 Deschutes County Budget 4. Consideration of Board Signature to thank Eileen White of the Deschutes County Behavioral Health Advisory Board 5. Consideration of Board Signature to appoint Stephanie Sahleen to the Deschutes County Health Advisory Board 6. Consideration of Board Signature to appoint John Estes to the Ponderoas Pines East Special Road District 7. Consideration of Board Signature to appoint Kathleen Stockton to the Sun Mountain Ranches Special Road District 8. Consideration of Board Signature to appoint Shelly Sandford to the River Forest Acres Special Road District Board of Commissioners BOCC Meeting Agenda Wednesday, December 16, 2020 Page 2 of 5 9. Consideration of Board Signature to appoint Daniel Coblentz to the Forest View Special Road District 10.Consideration of Board Signature to reappoint Danielle Hebener to the Hilltop Acres Special Road District 11. Consideration of Board Signature to reappoint Carolyn Chase to the Cascade View Estates Special Road District 12.Approval of Minutes of the November 30, 2020 BOCC Meeting 13.Approval of Minutes of the December 2, 2020 BOCC Meeting 14.Approval of Minutes of the December 7, 2020 BOCC Meeting 15.Approval of Minutes of the December 9, 2020 BOCC Meeting ACTION ITEMS 16. 10:05 AM COVID19 Update 17. 10:30 AM CARES Act Funding Update 18. 11:00 AM Consideration of Letter of Support Request from the Brewing Industry 19. 11:30 AM Consideration of Board Signature of Document No. 2020-833, 2020 Sunriver Community Wildfire Protection Plan - Ed Keith, Forester 20. 11:45 AM PRESENTATION: Annual Report for the Bend Smoke Sensitive Receptor Area Community Response Plan - Ed Keith, Forester LUNCH RECESS 21. 1:00 PM 2021 Arts & Culture Grant Review - Laura Skundrick, Administrative Analyst 22. 1:25 PM FIRST READING: Consideration of Ordinance No. 2020-018, Amendments to Deschutes County Code Chapters 18.76, Airport Development Zone, and 18.116, Supplementary Provisions. -Anthony Raguine, Senior Planner Board of Commissioners BOCC Meeting Agenda Wednesday, December 16, 2020 Page 3 of 5 23. 1:30 PM DELIBERATIONS Continued: the Applicants Request a Property Line Adjustment and a Tentative Plan Approval to Establish a 10-Lot Subdivision in the UAR10 Zone at 19800 Pacific Heights Road - Kyle Collins, Associate Planner 24. 2:00 PM PUBLIC HEARING Continuation: Spring River Rural Commercial Text Amendments - Cynthia Smidt, Associate 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. EXECUTIVE SESSION 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, "rn nnnn I-- f4,n u11 WVc11 w LIM IucuIu. Executive Session under ORS 192.660 (2) (d) Labor Negotiations and ORS 192.660 (2) (e) Real Property ADJOURN To watch this meeting on line, go to: www.deschutes.or /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. This event/location is accessible to people with disabilities. If you need ® accommodations to make participation possible, please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.org/maetingcaigndar Board of Commissioners BOCC Meeting Agenda Wednesday, December 16, 2020 Page 4 of 5 (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 BOCC Meeting Agenda Wednesday, December 16, 2020 Page 5 of 5 MOM I I g - � � \ : ui �® / - � O $ 2 ° O . � I O � � m » � � O \ O � � y � � y / A \ / © 0 - � y � y C- 0 � /$ l %_ 2� ca »E � 0 � y . 4 /4.1 0 // E2_ c�� \� ' -1�9 /\ � O0 M 00 �O M o E _ %_ // O 0 0 0 c o 0 0 �� � 7 � ? � l M Lr)IN dam- �i''; /r l w N 0000 � /rr Spa Ln Lr) Ln Cr Or /°00 rr 00 r Or o �6 r/ /o 00 m m /9 r/ o 00 S�/ � r� rr C L CS N I o fir/ 9, /.9 Ln ' rn N O� /SLS 00 00 SO Ln r/ '74 100 r/ Pie c� Lf1' Sr/d` p e f C ® o ® o Lr)0o o ®Lr) O ®Lr) o o S@SeD wn , 41 i C) Q C w s Cal >, o m 00 a 1 0 o o Ln I Oft rn L Ln � o � m U-) o a 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 rn N o m � o i-f1 m o m �O N O N O CD 0 m w F- Co O 0 0 0 � I � �� U.J J w 41 > El to (11 N z aEl W 0 O O 0 O O O SH13 }o aagwnN o w a Ln E tN i o p Q > a— > cJ� m� >� o O o r o -0 u ro a -1 U v C: o4 (A u a a a-0 > w Ul +- o b-0 > v O O4-1 0 C M 0 0 _ 4� M ro-0 -0 �r o J a Q u o > _0U41 a — � c 1U o Ci a 00 u �v_ 4� Q >, O :3 o a-0 4-V� :4;u Q Ln 4- 0 a c v o O o 0 O co rm Q- �- N a O tDL0M N 4� 4� C L a 4-0 m "u 0 <� « \ u J kbD / / / E •7 ® 2 ® / / / / e k c / & 2 a c \ / E e z o t . S ) \ .� a z a 3 / 2 0 c ® e c o ° ® t U � S $ / / 'E » & 2 R c G \ E / 2 •0 \ § 2 Q u 0 2 R Q �� \\ . . .�. .� . .... .. . ..... . . ... a) ` C)\ m ^ 7 0 0 0 0 0 0 0 0 0 0 o » ?U? \qqq ® m m S (p2jad pa%-/ 2 2Ho))a}U asea MO N 3 bLo _ n � u 0 u e LA _ � k lz 0 ./ 0 CL E ru ro O buo c Qj .E > o v c > m E +� N O vi o E c a o no c \ m U N O 4- — Q) _ '- a� v c c m a CL o M ro E 4 c c c v 4- c V C: F C O N E U a) N E :t - c _v i2 00 N n C v U -a O cL 0 0 00 1' w t t: f t o 10 N ® 00 tp d N rH (poiaad laaM-Z 2uillou) AI!All!sod luaDaad Ln w FF' Js� a �6 r ai C- c �a u O 4- u v -0 N C rz c 0 .Vl O Q v ro j\ \ LO © ■ { ¥ 41 ( k A« N \ a ~ k o{ >� $(7) // - t / { \ J - 0 ro © c h - � ) m K $ % y 0 14 # / r o�. i6 OC, OC, �l �l �9 s o� o� �l i ® CDo O 0 o OR �JNT.Y t v, IIR Y 0 O 00 0 O Q0 0 O Ln a� N m o Q O N O N N N o N O ra V m a-J C O U N o � O +� N M c- V N N C) o O O a-r ro O E O o O O ai n m 'r ■ U) z E cL 0 C z E 2 _3 CL m 0 I'M" Im lu E u < E Ln W 4-1 C < 4-J Y > Ln 4-J (A — Ln — 00 I . .= -r < �o f < z Ln cu 0 to 0 No-*, NoR to O Ln SAeo TG puo3as MgHr OW w V to e-I Q O u L 0 CxA i O 6 0 E AY/ • IIILINI T V 2 c o, 3 c 0 V N f'- c 0 E w x w m u Ea) i3— C 0 M 0) to V-1 0 O r-4 00 0) 0 M a) CD Lm- 0 C) 0 c 0 :c c -o c - E CL ,= cr m Fa E E (D c 0 c a) x a) z OD to cl m fY - ld wax3 IUO:)JOd 6W 9LOZ LWZ 9LOZ gloz PW CLOZ ZIOZ I LOZ OLOZ 60oz Rooz LOOZ 90oz sooz Ilooz Noz Me I ooz 000z 666L 966 L L66L 966L 966 L P66L Z661 Z661 t 66 L 066 t 6961 ML L96L 986L Greg Munn From: Greg Munn Sent: Tuesday, December 15, 2020 3:05 PM To: Greg Munn Cc: Tom Anderson; Sharon Keith; David Doyle Subject: Updated CARES Act fund allocations Attachments: CRF Fund Summary revised 12.15.20.pdf Commissioners, Attached is an update to the CARES Act funding allocation worksheet. A hard copy will be in your box this afternoon. Highlights include: • There are $73,604 now available for allocation. • We will have costs through November summarized and submitted to the state by this Friday the 18th. I will provide an update as soon as we've submitted for reimbursement. Greg Munn j Treasurer & Chief Financial Officer 1300 NW Wall Street I Bend, Oregon 97703 Office: (541) 388-6559 1 Mobile: (541) 693-4090 1 G- � O W m E o p N O M @ .O' 01 p T.1 O M 'C 01 O m N M o p N in Nen y{> N N 1 � L O a d o: N V N V1 C � O by u � Y u O Q O C all TO c LL .� dOO O ._ � iol a to C, d y c ui 3 L n i a 't W C v C 0 u- a V a d; 1 Ln fl C 00 N n ` Ln a n rn ~ N c It Ci 7M NI I m�03t u Pi rl � 1 0 0 IE' c a' u 0. "J L] a -0V Ol > > a N d O N C u ` a�i w c c C m D. E C > C 7 d E E u v E a O OJ OJ y N w x O" N V ° y a m c t L N N m O _n N @ N O O L." I E N N�? M-o y E v O O. O. j x X Y 1 CO d u d CJ N a 3 N p It 9 W N 'a > a) CD m m >C t- a u YO to a a uJ G C c a 00 � M m O 1 I n m Y a h r 00 00 N C) H m { m 00 °' O n �{ d' N N C Ln CA m N 00 N LnLn m N Cl 7 N m. aW; 9 O V > O 00 I o N OJ N OJ N x N+. Y ' FO- Q Q 0 oo a� 0 c 0 u H W v ca m O O O O L 0 Q d cc N m A tA c C $ O Y 07 0 V Oa T c C � 3 � O d u d CU 4+ 3 U u c FA o C v w v Y w -0 `—° Q o uY m c o 3 EO ? O C� G �n U u N O O w h0 u O C O O. w •> m �= L+ % 00 VL- ° �. o a) m c a O ci 3° o v1 w v L 'OII L .a u L W p0. N (uw y Y > E a fo w > vti > y a°r o u m 6 N L c O a Ni °w° c a 0)'0 3 v s tin � y w Y -° •c L w a c ;a � ° c w LOmw c w w 2 w c o v N � w U O w O a N Y - L-0 Z. C N C w O -0 3° r CL ? E° E °� > v a°i'; Y m Y v w i C C C W O a w �m 7 0 6 w m v ° o 0' °. E o E E w Y O w N N w cu w n o y w o w v Y a L Y 3 c E,£ o u> v c a 3 3 a o° www a CD Y a uwi N '^ N m N L > -rYO'. - E O O 9 7 N y — Y Y 3 LU L N w a 7 3 N YO u N Y m? tl0 O Y 1 u 2 > E w c m > y' 3 aci Y c N o L w a L 3 c -°° 0 a c>n a > C O E O. W ° N N oN w w w .Y v° v M o E c 3 > v u E E Y m a m E m n y > o o> m m p ° Y m° u E> '> c w ° m a r o�° u u 0 o w Y .0> w .-I m> u w Z •a� m m E a o. -0 �:,,.. r, v v O o m O N 3 n N 111 M c-1 0 n 01 D D r Ln O O n c-I r t�1 m N ci V O 0 O N C lu ° 0 o v 3 r o ° N_ a> m N N m o o t m v c cs ar co 1 as �� '� '*°t E j � o m � .N wlu Y - 41 o` .. a°r 0 � � ego ° v � ° � � v o c aEi c ,c°1 v o MA °° ' N � � a,�.�u'Q; E -� � m c 6 E 3 3 w a �° ar c 0, ¢ c 'n ' ar .: a `a a _v '° yG . j. °' e" v O O 3 p c a E E a a' c c" o a+ Y" `� `', -. `0 �m ,°, `^` E" .c �° .E " ° ti E � a'; o N 'N o ,'u -0 5 c o a E c o o Q °u o a yb o: v' �,v 3 a R c° Y -0 E a� a 3 c t4 'o B t'i ° a s a— .> U m c E h p N qq oa�nG:.Q.v ., � m; ci m 4+"; C c2"a�i u. M E c N y a 5 r y u N F C N 0> 0 c c trO Np EmNOu-CtedONu E : ° o c° 0 3 w c> o ° 3 ca o y p a as , o� ° CL 11, `~ 0 N u m -� a b00 +O' u O E a a ai T m C { N N O 3 Ca- ,�.� t Y a; E v �� E o � ` a v c O v o 3 v o v v o to v w C nn E T > o nJ Y O t c L to Y Y L a T@ 7 C y 46 7.i tl0 m W 3 O O O O m N O O N d C lu C �11 " O W O C CO N 4.. w- N N L O E W M LL > U Y > O. H N O. U N m N b0 N A O C @ . CL N J 7 O N CL .O p C C n1 m O -(U v w w L O v v~ 3 m OU v aci Y r o o c m m c v D r w cb0o o v N w .� N u u— m-> E y a v v c z 0 c .>O .--I '� t.+ _ '° 7 � � Y N N ° CL -0o 0 U Lon `° 7 nl5 N 5 O -O 3 N m T N L C O U O O C _ O YJ O N N f0 - -O 0 C L -O GJ u�i o D C N 2' N E � d� Y -O O M -a 3 C N ,C N O. a)3 'c u m v m u E c m o w y o m c E Y E g°°°> o L v v° c° o r O L a m y N T.� L° m °0— o u o c 3 r o E 0. a, E v w E° c 0 v o ° a w M v o v Y= o o v m °u 3^ o o z .n c u o O N LA CD N p n0 n O O 0 0 F- p' ui Lf v^i p a0 N 'm d N Q✓ C nl E o. o u O > a d v E � p >, o N ~ 3 G N 4! C L m E E od @ . z c o c 5 cr E O Om v U v 73 o ? a m m E Y c 0J O V 3] O (u p, Q 'o m 3 0- w a c ° a " ii1 C U Y LL N � Y U. p w o u u o m _ C � ' +�+ z U " ¢ w L m w N o 0 G N O O N u `N-+ �N-i Central Oregon Brewing Industry Recommendations/Requests on Sector Guidance The policy: OHA has defined "Outdoor" to mean any open-air space including any space which may have a temporary of fixed cover and at least seventy-five percent of the square footage of its side open for airflow. The Problem: The need to provide warmth and a comfortable environment for customers is not practical in the cold Bend climate, an issue that Salem and Portland simply are not sensitive to with this requirement. Their definition of outdoor is incongruent with current city building code, lacks clarity and the spirit in which the CDC designed the outdoor guidelines. As explained here directly from the CDC on considerations for restaurants and bars, adequate airflow is the key ingredient in keeping our outdoor areas `safe'. We can look to Colorado (another cold climate) as a better example of how their government officials rigorously defined `outdoor' spaces as it applies to restaurants to enable their small businesses to survive. Oregon guidelines should focus on air flow and air filtration, as guided by the CDC and examples like Colorado. We need less of a broad stroke and a more formulated approach that businesses can meet that is supported by Deschutes County elected officials. These airflow measures would be in addition to already existing rigorous safety protocols in place including social distancing, mask wearing, and frequent sanitization of spaces. Possible and Requested Solutions: Instead of defining an outdoor space by the percent of sides covered. We request that an air change per hour (ACH) calculation and cross ventilation be required and evaluated in its place for Deschutes County. The burden would be on business to provide documentation of the ACH rate (as our understanding is airflow is the goal) This would allow any structure that had roll up doors/walls/windows to be included in meeting the ACH rates. As a point of reference we offer two cold climate states as examples: Colorado Department of Health and Rhode Island Department of Health. 2. In addition to meeting an established ACH rate, Plasma air filters, if installed, would allow a reduced ACH rate. https://www.plasma-air.com/. Schools are being permitted to reopen nationwide with filters such as these and enhanced ACH rates and their cases are significantly higher than those in Deschutes County. 3. Have City/County assign staff to evaluate businesses unique circumstances rather than a one size fits all approach to shuttering businesses and enforcing OHA sector guidance that currently lacks clarity and does not meet definitions by established building codes. 4. Pods/bubbles/etc. that businesses have already invested in to protect customers from the elements would be permitted as long as individual capacity does not exceed 6 people, all 6 people are from the same household and pods are sanitized and aired out between parties. This is congruent with how Colorado Department of Health has allowed their use while following executive orders. The policy: Outdoor capacity is limited to 50 people maximum capacity. The problem: This does not take into account expansive areas that many businesses have available in their outdoor spaces. Possible and Requested Solutions: 1. Provide a formula for occupancy based on the square footage of available space that includes established social distancing. Require business to document and post square footage and occupancy. The Policy OLCC full -service liquor license holders are required to meet a high level of food service available at all times. The Problem: In order to reduce overhead, it may make sense to have the ability to close the kitchen (on slow days, or in bad weather, for example) when customers are likely to only have a quick beer around the fire pit, but NOT dine. As it stands now, in order to salvage beer sales on off -days, businesses are required to bear the full overhead of opening the kitchen if they hold a full on -premise liquor license. Possible and Requested Solutions 1. OLCC could allow a reduced requirement for food, with a commitment of hard alcohol not being served, under the issued brewery -public house liquor license. Possible and Requested Solutions 1. Appoint local elected officials to lobby for and spearhead this effort with OLCC to help Central Oregon business owners. 2. A contactless drive-thru of sorts could enhance sales and provide a safer means of picking up food and drinks to go. Giving Food Carts this added revenue stream would be beneficial. 01 E S Co oDeschutes 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 BOCC Wednesday Meeting of December 16, 2020 DATE: December 9, 2020 FROM: Ed Keith, Natural Resources - Forestry, 541-322-7117 TITLE OF AGENDA ITEM: PRESENTATION: Annual Report for the Bend Smoke Sensitive Receptor Area Community Response Plan RECOMMENDATION & ACTION REQUESTED: Pending any suggested edits by the Board, move approval of the annual report directing staff to submit to the Oregon Department of Forestry on behalf of the Board acting as the local Public Health Authority. BACKGROUND AND POUCY IMPLICATIONS: The Bend Smoke Sensitive Receptor Area Community Response Plan and request for exemption from the 1 hour air quality threshold in the Oregon Smoke Management Rules was approved by the Oregon Department of Forestry and Department of Environmental Quality on December 7, 2019. According to administrative rule the local health authority must submit an annual report to ODF to maintain the exemption. Staff prepared the report in coordination with partner agencies participating in the plan and requests the Boards input prior to submission to the State. FISCAL IMPLICATIONS: None ATTENDANCE: Ed Keith ANNUAL REPORT FOR: PRESCRIBED FIRE, SMOKE, AND PUBLIC HEALTH: A Community Response Plan for the Bend Smoke Sensitive Receptor Area Introduction This report is provided to meet the requirements of OAR 629-048-0180 (3)(f) in order to maintain the exemption from the one hour air quality threshold in the Oregon Smoke Management Plan granted on December 7, 2019. This report will describe actions taken from the period of December 7, 2019 through December 6, 2020 in regards to implementation of the Bend Smoke Sensitive Receptor Area (SSRA) Community Response Plan (CRP). Context of the 2020 Prescribed Fire Year As has much of life, prescribed fire activities in Central Oregon for the preceding year have been dominated by the global pandemic and restrictions in place due to COVID-19. Just as burning activities were set to begin in earnest in the spring of 2020, the realities of COVID-19 set in and due to an abundance of caution to protect those that would be vulnerable to smoke and also may be more vulnerable to COVID-19 all prescribed fire activities planned for federal lands in Central Oregon were halted. Therefore, prescribed burning that would have otherwise occurred in places near Bend and would have necessitated many of the actions described in the Bend SSRA CRP were not necessary and were not employed. Therefore this annual report is limited in scope to reflect the fact that nearly all of the burning that would have occurred for the past year near Bend could not move forward. The following sections (A-D) are intended to address OAR 629-048-0180 (3)(f) (A) - (D) which states: ... SSRAs that have received an exemption must demonstrate they are implementing their community response plan through an annual report provided by the local health authority detailing: (A) Compliance with requirements in [629-048-0180](2), (B) A summary of methods used to communicate to the public and vulnerable populations; (C) A log of dates and times the community initiated their response plan; (D) A record of local meetings to discuss or update the community response plan. (A) Compliance with OAR 629-04800180 (2) The approved Bend SSRA CRP continues to be relevant and reflective of the smoke and public health issues in Bend. Implementation of the CRP revolves around the Central Oregon Fire website and the prescribed fire and health information it contains. The Central Oregon Fire website as described in the CRP has been maintained and updated with new information throughout the calendar year, this includes the blog or newsfeed, interactive maps as well as prescribed fire and health information. The 2020 fire season brought increased visitation to the website which will carry over into future prescribed fire seasons and acts as a useful tool regardless of the source of smoke. (B) Summary of Communication Methods Multiple communication methods are employed to communicate a variety of information, with the Central Oregon Fire website being the centerpiece of the communication strategy. All partner agencies are granted access to the website so each agency can post their relevant information they wish to make available to the public. The website was used throughout the year to keep the public and vulnerable populations up to date on when and where to expect prescribed fire, both through a news feed on the main page as well as interactive maps that are updated as burns are planned and implemented. Due in large part to the busy wildfire season, the website experienced over 259,000 users (note that the population of Deschutes County is estimated at 198,000) that viewed over 907,000 pages in the 12 month period beginning December 7, 2019. The main home page that features the latest news was the most visited page (355,000 views) followed by the page with interactive maps page showing air quality and burning activity (166,000 views) followed by the smoke and air quality page (50,000 views). Each news update to the website typically experiences between 4,000 and 8,000 views. In addition, a text alert service is being used to alert subscribers to new activity, particularly when smoke will be highly visible or is expected to have health impacts. There are approximately 7,100 users subscribed to text alerts - up from just several hundred 12 months ago. Also, printed rack cards and business cards have been developed to raise awareness of the website and those print materials are distributed to the public through partners across the community. Again, distribution for the past 12 month period has been limited due to building and office closures due to COVID-19. In addition to the methods described above, traditional media releases are used to alert the community to upcoming prescribed fires, particularly when those planned fires are near the community. Each press release also links to the Central Oregon Fire website if the reader is looking for more information. Due to lack of burning, just six press releases were issued in the previous 12-month period. Central Oregon did experience one prominent success story during the Rosland Road Fire which started July 181h. The fire started near the community of La Pine and was quickly contained due in large part to previous fuel reduction treatments, including prescribed fire in the area immediately adjacent to the fire start. A video documenting that success was awarded the most educational video of 2020 by the US Forest Service Region 6 office and is available here: htt sp •//www.youtube.com/watch?v=BWP9- GhPARQ Typically, partners with the Deschutes Collaborative Forest Project (DCFP) would have conducted a spring outreach campaign utilizing television, radio, print as well as web resources to increase the understanding around the need for prescribed fire during the spring season, however those efforts were cancelled due to COVID-19. We will look to resuming these efforts in the coming year if burning is allowed to proceed, pending the ongoing pandemic. The DCFP does maintain an active webpage specifically explaining why our forests need fire. The DCFP's prescribed fire subcommittee continues work to increase public support for prescribed fire and is working on expanding a coalition of partner organizations participating in that effort. The Deschutes County Board of County Commissioners also approved a Public Information Officer (18- month limited -duration) position for Deschutes County Health Services which will increase capacity within the public health department to, among other things, proactively share messages on protecting health during periods of smoke. (C) Initiation of Community Response Plan The strategies outlined in the CRP were initiated in 2018, prior to the plan being finalized and approved by the Oregon Department of Forestry and Oregon Department of Environmental Quality, in consultation with the Oregon Health Authority. Since the plan was approved it continues to be actively implemented and maintained on a continual basis. The plan includes a communication strategy that is maintained throughout the year, as well as a commitment to coordination between fire and health agencies, which is ongoing. At the core of the communication strategy is the Central Oregon Fire website. The content of information updates on this website oscillates between prescribed fire and wildfire season based on the relevant time of year and ongoing prescribed fire or wildfire events. Structured coordination between partners is used to monitor and review implementation of the response plan and recommend changes on a seasonal basis. D) Record of Local Meetings Regarding Community Response Plan The local coordination group for the Bend SSRA CRP met twice throughout the past 12 months. Meetings were limited due to no spring burning and limited burning throughout the year due to COVID- 19. Both meetings took place in a virtual format. No additional meetings (e.g. public meetings, meetings with external advisory groups, etc.) took place due to limited burning and COVID-19. The first meeting of the smoke and public health coordination group was held on .tune 151h. The group held a meeting to discuss the limited burning activity in the spring, delaying public feedback on the implementation of the CRP until burning was reinstated in more visible or impactful areas, as well as transitioning messaging in preparation for the wildfire season. The second meeting of the smoke and public health coordination group was held on December V. The group reviewed the lessons learned from the recent wildfire season, the analytics of the website traffic and text messaging subscriptions of the past year, provided input for the CRP annual report, and discussed timing for the community survey which will be delayed until next spring due to lack of burning activity. Looking to the Future Due to the restrictions put in place in relation to COVID-19, the previous 12 month period looked very different than what was planned as 2020 began. It is important to note, however, that significant burning near Bend is still in the planning stages and will be moving forward as concerns related to COVID-19 ease. Notably, there are multiple burn units on both Federal as well non -Federal land surrounding Bend. There are several cases on non -Federal land where the landowner has entered into agreements with either the US Forest Service or The Nature Conservancy. These burns will be highly visible and may have some short term impacts to areas in the greater Bend area. The public information staff for the agencies participating in the smoke and public health coordination group will continue to work together to ensure the community is aware of upcoming prescribed fire and what the public can do to protect themselves from any smoke that may impact them. In addition we look forward to surveying the community and adjusting the CRP based on any input received that identifies areas for improving. Currently this survey is planned for the spring or early summer of 2021, assuming there is active burning in the coming months. �\)I ES CO 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 BOCC Wednesday Meeting of December 16, 2020 DATE: December 9, 2020 FROM: Laura Skundrick, Administrative Services, 541-330-4627 TITLE OF AGENDA ITEM: 2021 Arts & Culture Grant Review RECOMMENDATION & ACTION REQUESTED: Award 2021 Arts & Culture program grants BACKGROUND AND POLICY IMPLICATIONS: During the FY 2021 Video Lottery Fund allocation process, the Board of Commissioners set aside $20,000 to fund the grant program dedicated to supporting art and cultural initiatives in Deschutes County. Through this program, grants are offered to local non-profit organizations that 1) seek to increase arts and culture opportunities in Deschutes County; 2) make arts and culture education available to Deschutes County residents; and/or 3) contribute to the local economy. 11 applications were submitted in response to the 2021 solicitation and all funding requests total $33,200. During the December 16 board meeting, staff will provide an assessment of the applications and the Board will evaluate the requests and determine awards. ATTENDANCE: Laura Skundrick, Administrative Analyst Ln Ln 0 Ln 0 0 0 cy " N et e= ,-: ': of (vi of "; W1 S,:j 44V � 44 ift 4ft 4ft 4ft ift ift ift is rx" 0 r fa (D U� C-I� 1 0 C) 0 C) 0 0 0 Ct C) 0 0 0 Ln -0 a) C,-'D 4m Aft > 0 46 tov t4 46 t4 #A In 0 0 0 0 0 0 Ln .i C4 C4 (4 ff; Csi 4ft in A 40 LK "r C4 C%i csr Cq Aft t4 A& E to 0 CL c V) to 0 C: v N E E CU ai txo c C N 0 m c 0 m CD Ln C: -0 t.A rx .2 4� m C —M m ai aj E ro ro cu C E CiA S a) D 4.1 4� M M M 0 E 4.1 tn m E tw w Ln U a) ai to > ra M (U 4-1 aj -0 a) Ln a 0 (IJ -0 c 0 CO:3 Jc: N > a) m 0 �: m > a) ai (31 Lf) M u cr , .— m u V) W s CL LL u U > Ln w -j V) LL V In c c m 0 ro > c 0 Ln 4., E > m 4-1 0 Ln 0 W W 4-1 V) u Gi Ln 0 Li- Ln w LL C m 0 u E 0 L.L 11 0 4-1 c Ln :3 E a) a) Ln ra 0 < " Ln a) u 0 4.1 m C: W w ai a) I_-L Ln > M 4� E Ln m u 'A 4.1 c: Ln >u 0 m u Ua) O ul AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of December 16, 2020 DATE: December 10, 2020 FROM: Kyle Collins, Community Development, 541-383-4427 TITLE OF AGENDA ITEM: DELIBERATIONS Continued: the Applicants Request a Property Line Adjustment and a Tentative Plan Approval to Establish a 10-Lot Subdivision in the UAR10 Zone at 19800 Pacific Heights Road The Applicants, Scott and Carol Ann Smallwood, have requested two property line adjustments to increase the size of the subject property to 100.1 acres. Concurrent with the property line adjustments, the Applicants requested a tentative plan approval for a 10-lot subdivision. This matter was referred to a public hearing on June 30, 2020 and Deschutes County Hearings Officer Will Van Vactor rendered a final decision approving the Applicant's request for a property line adjustment and a 10-lot subdivision in the UAR10 Zone on August 14, 2020. The Applicants subsequently appealed the Hearings Officer's decision and the Board conducted a public hearing in this matter on November 9, 2020. The Board has previously gone through deliberations for this proposal on December 9, 2020. The current deliberative session is intended to provide further clarity and direction concerning the Deschutes River Corridor Design Review standards of DCC 19.76.090. TO: FROM: DATE: MEMORANDUM Board of County Commissioners Kyle Collins, Associate Planner December 10, 2020 RE: Deliberations for an Appeal of a Hearings Officer Decision on a Property Line Adjustment and Tentative Plan review for a 10-lot subdivision in the Urban Area Reserve Zone (UAR10). The Board of County Commissioners (Board) will conduct deliberations on December 16, 2020 for an appeal of a Hearings Officer decision (File Nos. 247-19-000913-LL, 247-19-000914-TP) approving a Property Line Adjustment and a 10-lot Subdivision in the UAR10 Zone. I. KEY ISSUES It has come to the Board's attention that the Deschutes River Corridor Design Review standards of Deschutes County Code (DCC) 19.76.090 may have limited or unclear applicability to the subject development proposal. At a minimum, the Board will need to provide additional direction concerning the review body and specific design review standards that should apply to any development on the subject property moving forward. Issue 1 - Governing Policies: Staff points out the following language from DCC 19.04 and DCC 19.76, which concern the provisions of Title 19 areas and the purpose of the Site Plan Review as defined in Title 19: DCC 19.04.010: "DCC Title 19 shall be known as the "Zoning Ordinance" of the Bend Urban Area and of the land withdrawn from the City of Bend by the County by City Resolution 2459." 11 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 (541) 388-6575 @ cdd@deschutes .org @ www.deschutes.org/cd DCC 19.76.010: "The purpose of site plan review is to ensure compliance with the objectives of DCC Title 19 and the Comprehensive Plan where development may cause a conflict between uses in the same or adjoining zones by creating unsightly, unhealthful or unsafe conditions and thereby adversely affecting the public health, safety and general welfare. The purpose shall also be to avoid creating undue burdens on public facilities and services. In considering a site plan, the Planning Director or Hearings Body shall take into account the impact of the proposed development on nearby properties, on the capacity of the street system, on land values and development potential of the area and on the appearance of the street and community." DCC 19.76.090: "It is the purpose of the Deschutes River Corridor Design Review to ensure compliance with the objectives of DCC Title 19 and the goals and policies relating to the Deschutes River in the Bend Area General Plan." Staff Comments Staff references the following language from the Deschutes County Comprehensive Plan that applies specifically to the subject property: "Bend Urban Area Reserve: To define lands outside of Bend's Urban Growth Boundary that were under the jurisdiction of the Bend Area General Plan." These areas were removed from the Bend General Plan in September 2016 through the 2016 amendment to the Bend Urban Growth Boundary. These areas are now under the jurisdiction of the Countys Comprehensive Plan. Staff notes that the Deschutes County Comprehensive Plan does not contain specific governing policies or goals related to the Bend Urban Area Reserve Zone. Additionally, the Bend Area General Plan no longer governs the property, as these lands were included in the County's jurisdiction pursuant to City of Bend Resolution 2459. It is unclear what the objectives for these lands, including the subject property, should entail. Specifically, as the Deschutes River Corridor Design Review process references "the goals and policies relating to the Deschutes River in the Bend Area General Plan," it is ambiguous what goals or policies should apply to the process at this time, given that the property is no longer under the jurisdiction of the Bend Area General Plan. The only guiding documentation in DCC 19.12.010 which describes the purpose of the Urban Area Reserve (UAR10) Zone, which includes the subject parcel, states the following: "To serve as a holding category and to provide opportunity for tax differentials as urban growth takes place elsewhere in the planning area, and to be preserved as long as possible as useful open space until needed for orderly growth." 247-19-000913-LL, 19-914-TP Page 2 of 4 At this juncture, there are no County Comprehensive Plan goals or policies that apply to the subject property as it relates to the Site Plan Review Standards of DCC 19.76. Staff requests that should the Board find that the Deschutes River Corridor Design Review applies to the subject property, particularly for areas outside the 100-foot ordinary high water setback, that they also provide additional detail and direction concerning the governing policies that should direct that review process. Issue 2 - Review Bodv: As discussed during the public hearing for the subject proposal, DCC 19.76.090 states the following as it relates to the appropriate review body for Deschutes River Corridor Design Review: "The Bend Urban Area Planning Commission or Planning Director shall in accordance with DCC Title 19 and DCC Title 22 approve, approve with conditions, or disapprove the design plan." Staff Comments Staff points out that the Bend Urban Area Planning Commission is no longer a functional or active review body. Additionally, while this particular section of the code describes the Planning Director as another possible review body, subsequent sections of the code do not refer to this reviewing substitution. At this point it is unclear to staff if the Deschutes County Planning Director is in fact an appropriate review body for the Deschutes River Corridor Design Review and would request that the Board weigh in on this matter in additional detail should design review be required for the proposed development. Issue 3 - Design Review Standards: In addition to several minimum standards related to building heights and setbacks, DCC 19.76.090 highlights the following general review standards for Deschutes River Corridor Design Review: - Conservation of natural features - Compatibility with existing area - Colors and materials - Roofing materials and colors Staff Comments However, staff notes that very little objective standards are provided in the code language to define how the Bend Urban Area Planning Commission or another appropriate review body should address these elements. Staff notes that this is particularly true when discussing "compatibility with existing area," which states: 247-19-000913-LL, 19-914-TP Page 3 of 4 'The Bend Urban Area Planning Commission shall consider the relationship of the proposed development with the existing surroundings, in terms of building bulk, height, location, separation, shape, parking areas, lighting, fences, landscaping, open space, visual and physical corridors to the river and adjacent land use. The Bend Urban Area Planning Commission may establish increased setbacks, limitations of building heights, and limitations on the bulk and length of buildings, limitations on lighting, landscaping, fences, size and shape of windows facing the river, size and location of parking, and outdoor storage areas in order to carry out the purpose of DCC Title 19." Given the wide latitude of possible interpretations of these standards, the Board should be aware that regardless of what is ultimately proposed, a future development on the subject property affected by design review may struggle to accurately establish a burden of proof that shows how these standards can be met. The ambiguity regarding the specific development standards may result in significant litigation by any opposing parties, with uncertain outcomes and expenses for both the applicant and any decision makers. Staff requests the Board carefully review these items in light of the subject proposal and determine if Deschutes River Corridor Design Review in fact applies to portions of the property outside of the 100-foot ordinary high water mark setbacks. If the Board decides that the design review standards do apply, the Board needs to recognize that the discretionary standards could impede future development plans. 11. 150-DAY LAND USE CLOCK The 150-day period for issuance of a final local decision is currently December 31, 2020. Attachments: Document Item No. 2020-12-10 - Deschutes County Code Section 19.76 1 247-19-000913-LL, 19-914-TP Page 4 of 4 Chapter 19.76. SITE PLAN REVIEW 19.76.010. Purpose. 19.76.020. Site Plan Requirements. 19.76.030. Noncompliance. 19.76.040. Procedure. 19.76.050. Other Conditions. 19.76.060. Agreement and Security. 19.76.070. Site Plan Criteria. 19.76.075. Design Review Standards. 19.76.080. Required Minimum Standards. 19.76.090. Deschutes River Corridor Design Review. 19.76.010. Purpose. The purpose of site plan review is to ensure compliance with the objectives of DCC Title 19 and the Comprehensive Plan where development may cause a conflict between uses in the same or adjoining zones by creating unsightly, unhealthful or unsafe conditions and thereby adversely affecting the public health, safety and general welfare. The purpose shall also be to avoid creating undue burdens on public facilities and services. In considering a site plan, the Planning Director or Hearings Body shall take into account the impact of the proposed development on nearby properties, on the capacity of the street system, on land values and development potential of the area and on the appearance of the street and community. (Ord. 90-038 §1, 1990) 19.76.020. Site Plan Requirements. In all zones, except for a single-family, duplex or triplex unit on one lot, all new uses, buildings, outdoor storage or sales areas and parking lots or alterations thereof shall be subject to the provisions of DCC 19.76.020. Site plan approval shall not be required where a proposed alteration of an existing building does not exceed 25 percent of the size of the original structure unless the Planning Director finds the original structure or proposed alteration does not meet the requirements of DCC Title 19 or other ordinances of the County. (Ord. 90-038 § 1, 1990) 19.76.030. Noncompliance. A. Noncompliance with a final approved site plan or development agreement shall be treated as a zoning ordinance violation. B. The applicant shall demonstrate continued compliance with the approved landscape plan established under DCC 19.76.030. (Ord. 90-038 §1, 1990) 19.76.040. Procedure. A. Prior to filing a site plan application, the applicant shall be encouraged to confer with the Planning Department concerning the requirements of formal application. B. The site plan application shall be filed on a form provided by the Planning Department and shall be accompanied by drawings containing information as specified by the Planning Department. A minimum of eight copies of the site plan shall be submitted along with such additional information as is deemed necessary for the Planning Director or Hearings Body to adequately review the application. Chapter 19.76 1 (10/2001) C. The Planning Director or Hearings Body shall approve, with or without conditions, or disapprove the site plan. In approving the plan, the Planning Director or Hearings Body shall find that all provisions of DCC Title 19 are complied with and that all buildings and facilities, access points, parking and loading facilities, lighting and walls or fences are so arranged that traffic congestion is avoided and pedestrian and vehicular safety and welfare are protected and there will be minimal adverse effect on surrounding property. The decision of the Planning Director or Hearings Body shall be final unless appealed in accordance with the County's land use procedures. (Ord. 90-038 §1, 1990) 19.76.050. Other Conditions. The Planning Director or Hearings Body may require the following in addition to the minimum standards of DCC Title 19 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, location 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 inadequate to handle the additional burden caused by the proposed use. G. Dedication of land or an easement for the creation or extension of Access Corridors for pedestrian and bicycle travel H. Improvement, including, but not limited to, paving, curbing, installation of traffic signals, constructing sidewalks, striping bike lanes, or other improvements to the street system which serves the proposed use where the existing street system will be burdened by the proposed use. I. 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. J. Landscaping of the site. K. Transit Facility or an easement for bus pullout if on a mass transit route. L. Location or orientation of buildings and entrances closer to street to serve pedestrians, bicyclists and/or mass transit use. M. Any other limitations or conditions which it considers necessary to achieve the purposes of DCC Title 19. (Ord. 93-018 §4, 1993; Ord. 90-038 §1, 1990) 19.76.060. Agreement and Security. The developer and owner shall, as a condition of approval, execute a development agreement for any improvements required on a form approved by the County Counsel and may be required to file with the County a performance bond or other security as approved by the County Counsel to assure full performance of the required improvements. The bond shall be for the cost of the improvements plus 10 percent. (Ord. 90-038 §1, 1990) 19.76.070. Site Plan Criteria. Approval of a site plan shall be based on the following criteria: A. Safety and Privacy. Residential site plans shall be designed to provide a safe living environment while offering appropriate opportunities for privacy and transitions from public to private spaces. B. Special Needs of Disabled. When deemed appropriate, the site plan shall provide for the special needs of disabled persons, such as ramps for wheelchairs, drop curbs and disabled parking stalls. Chapter 19.76 2 (10/2001) C. Preservation of Natural Landscape. The landscape and existing grade shall be preserved to the maximum practical degree, considering development constraints and suitability of the landscape or grade to serve the applicant's functions. Preserved trees and shrubs shall be protected during construction. D. Pedestrian and Vehicular Circulation and Parking. The location and number of points of access to the site, the interior circulation patterns, designs of parking areas and the separation between pedestrians and moving and parked vehicles shall be designed to promote safety and avoid congestion on adjacent streets. E. Buffering and Screening. 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, buffered or screened to minimize adverse impacts to the site and neighboring properties. F. Utilities. All utility installations above ground, if such are allowed, shall be located so as to minimize adverse impacts on the site and neighboring properties. G. Public Facilities. The proposed use shall not be an undue burden on public facilities, such as the street, sewer or water system. (Ord. 90-038 §1, 1990) 19.76.075. Design Review Standards. A. Purpose. The purpose of DCC 19.76.075 is to provide design standards for commercial development within the CH, Highway Commercial zone. These standards ensure that the public health, safety and general welfare are protected and the general interest of the public is served. The standards provide for originality, flexibility and innovation in site planning and development, including architecture, landscaping, transit, parking design, signs and enhancement of the special characteristics that make Bend a unique place to live. In addition to the standards of DCC 19.76.070, the following standards apply to all developments within the CH, Highway Commercial zone. B. Except as exempted by DCC 19.76.075(B), the provisions of DCC 19.76.075 shall apply to the following activities: 1. All new building construction. 2. Any exterior modifications to existing buildings, including change of color. 3. All new parking lots. 4. All outdoor storage and display areas. 5. All new signage. 6. All building expansions greater than 10,000 square feet. C. Exemptions. DCC 19.76.075 does not apply to the following activities: 1. Maintenance of the exterior of an existing structure such as re -painting, re -roofing or re -siding where similar materials and colors are used or materials and colors are used that comply with DCC 19.76.075. 2. Interior remodeling. 3. Reconstruction of buildings which have been destroyed or substantially damaged by fire or natural causes. The building(s) shall be reconstructed on the same location as it existed prior to damage or destruction. Reconstruction shall commence within one year of the damage or destruction. 4. Building expansions not exceeding 25 percent of the gross square footage of the original building and where the expansion does not exceed 10,000 square feet in area. 5. Parking lot expansions not exceeding 25 percent of the gross square footage of the original lot and where the total amount of parking provided will not exceed 150 percent of the parking allowed by the Zoning Ordinance. Chapter 19.76 3 (10/2001) 6. Buildings that are listed in the Inventory of Historic Sites within the Bend Area General Plan, Exhibit "A," or buildings designated on the Historic National Landmarks Register. D. Standards for Approval. The Planning Director or Hearings Officer shall use the standards in DCC 19.76.075 and the criteria for site plan review to ensure compliance with the purpose of Design Review. 1. The standards of approval for buildings 30,000 gross square feet or less, and sites less than six acres in size are as follows: a. Natural Features. Buildings shall be sited to protect areas of special interest as defined in the Bend Area General Plan. Other natural features such as natural grade, trees, vegetation and rock outcroppings are encouraged to be incorporated into the overall site plan and may be calculated as part of the landscaping requirement if healthy and not damaged during construction. b. Building Location and Orientation. New buildings shall have at least one principal building entrance oriented toward the primary frontage property line and comply with the transit requirements of OAR 660-12-045(4). c. Pedestrian Walkways: i. Walkways from the Sidewalk to Building Entrances. A continuous pedestrian walkway shall be provided from the primary frontage sidewalk for pedestrians to access building entrances. This internal walkway shall incorporate a mix of landscaping, benches, drop-off bays and bicycle facilities for at least 50 percent of the length of the walkway. This walkway is necessary for persons who will access the site by walking, biking or transit. Walkways shall be connected to adjacent sites wherever practicable. ii. Walkways from Parking Areas to Building Entrances. Internal pedestrian walkways shall be developed to provide access to the building(s) from the parking pods. The walkways shall be located within the pods and shall be designed to provide access from the pods to the entrances of the building(s). The walkways shall be designed to separate people from moving vehicles as much as possible. These walkways snail have amlnl;r,'am width o. five feet with no car overhang or other obstruction. The walkways must also be designed for disabled access according to the Uniform Building Code. This may require the walkways to be widened or modified. The walkways shall be distinguished from the parking and driving areas by use of any of the following materials: special pavers, bricks, raised elevation or scored concrete. Other materials may be used if they are appropriate to the overall design of the site and building. d. Mechanical Equipment and Service Areas. Mechanical equipment and service areas shall be screened with visual barriers from adjacent properties, public roadways, parks or other public areas. The architectural design of the building shall incorporate design features which screen, contain and conceal all heating, ventilation, air conditioning units, trash enclosures, dumpsters, loading docks and service yards. e. Building Design: i. Exterior Building Design. Buildings with exterior walls greater than 50 feet in horizontal length shall be constructed using a combination of architectural features and a variety of building materials and landscaping near the walls. Walls which can be viewed from public streets shall be designed using architectural features and landscaping (abutting the building) for at least 50 percent of the wall length. Other walls shall incorporate architectural features and landscaping for at least 30 percent of the wall length. ii. Architectural Features. Architectural features include, but are not limited to, the following: recesses, projections, wall insets, arcades, window display areas, awnings, balconies, window projections, landscape structures or other features that complement the design intent of the structure. In addition, a portion of the on -site landscaping shall abut the walls so that the vegetation combined with the architectural features significantly reduce the visual impact of the Chapter 19.76 4 (10/2001) building mass as viewed from the street. Additional landscaping requirements are in DCC 19.76.080. iii. Building Materials. The predominant building materials should be materials that are characteristic of Central Oregon such as brick, wood, native stone and tinted/textured concrete masonry units and/or glass products. Other materials such as smooth -faced concrete block, undecorated tilt -up concrete panels, or pre -fabricated steel panels should only be used as accents and not dominate the building exterior of the structure. Metal roofs may be allowed if compatible with the overall architectural design of the building. iv. Roof Design. Roofs shall be designed to reduce the apparent exterior mass of a building, add visual interest and be appropriate to the architectural style of the building. Variations within one architectural style are highly encouraged. Visible roof lines and roofs that project over the exterior wall of a building enough to cast a shadow on the ground are required. Architectural methods shall be used to conceal flat roof tops. Overhanging eaves, sloped roofs and multiple roof elements are highly encouraged. Mansard style roofs are prohibited. v. Customer Entrances. Clearly defined, highly visible customer entrances using features such as canopies, porticos, arcades, arches, wing walls, and integral planters are required. vi. Community Amenities. Community amenities such as patio/seating areas, water features, art work or sculpture, clock towers, pedestrian plazas with park benches or other features located adjacent to the primary entrance to the building(s) are required and may be calculated as part of the landscaping requirement. vii. Building and Sign Colors: (a). Exterior colors shall be of low reflectance, subtle, neutral or earth tone. (b). The Deschutes County color guide provides samples of approved and prohibited colors. (c). The use of trademark colors shall require approval. (d). The use of high intensity colors such as black, neon, metallic or florescent for the facade and/or roof of the building are prohibited except as approved for building trim. viii. Exterior Lighting and Flag Poles. Exterior lighting shall be shielded and directed down onto the site and not shine or glare onto adjacent property or streets. Light poles and/or fixtures and flag poles shall not exceed 25 feet in height. ix. Signage. A comprehensive signage plan shall be required pursuant to DCC 15.08, Signs, except that pole signs are prohibited. Ground mounted signs shall not exceed 10 feet in height and eight feet in width. Wider signs may be allowed provided the total area of the sign does not exceed 80 square feet. All sign bases shall be constructed of materials compatible with the architecture of the building(s) located on the premises. White, ivory and yellow backgrounds of internally illuminated signs shall not exceed 20 percent of the total sign area, including reader boards. 2. The standards of approval for buildings greater than 30,000 gross square feet and/or sites six acres or larger are as follows: a. Natural Features. Buildings shall be sited to protect areas of special interest as defined in the Bend Area General Plan. Other natural features such as natural grade, trees, vegetation and rock outcroppings are encouraged to be incorporated into the overall site plan and may be calculated as part of the landscaping requirement if healthy and not damaged during construction. b. Building Location and Orientation. New buildings shall have at least one principal building entrance oriented toward the primary frontage property line and comply with the transit requirements of OAR 660-12-045(4). c. Pedestrian Walkways: i. Walkways from the Sidewalk to Building Entrances. A continuous pedestrian walkway shall be provided from the primary frontage sidewalk for pedestrians to access building Chapter 19.76 5 (10/2001) entrances. This internal walkway shall incorporate a mix of landscaping, benches, drop-off bays and bicycle facilities for at least 50 percent of the length of the walkway. This walkway is necessary for persons who will access the site by walking, biking or transit. Walkways shall be connected to adjacent sites wherever practicable. ii. Walkways from Parking Areas to Building Entrances. Internal pedestrian walkways shall be developed to provide access to the building(s) from the parking pods. The walkways shall be located within the pods and shall be designed to provide access from the pods to the entrances of the building(s). The walkways shall be designed to separate people from moving vehicles as much as possible. These walkways shall have a minimum width of five feet with no car overhang or other obstruction. The walkways shall be designed for disabled access according to the Uniform Building Code. This may require the walkways to be widened or modified. The walkways shall be distinguished from the parking and driving areas by use of any of the following materials: special pavers, bricks, raised elevation or scored concrete. Other materials may be used if they are appropriate to the overall design of the site and building. d. Mechanical Equipment and Service Areas. Mechanical equipment and service areas shall be screened with visual barriers from adjacent properties, public roadways, parks or other public areas. The architectural design of the building shall incorporate design features which screen, contain and conceal all heating, ventilation, air conditioning units, trash enclosures, dumpsters, loading docks and service yards. e. Building Design: i. Exterior Building Design. Buildings with exterior walls greater than 50 feet in horizontal length shall be constructed using a combination of architectural features and a variety of building materials and landscaping near the walls. Walls which can be viewed from public streets shall be designed using architectural features and landscaping (abutting the building) for at least 50 percent of the wail length. Other wails shall incorporated architectural features and landscaping for at least 30 percent of the wall length. ii. Architectural Features. Architectural features include, but are not limited to the following: recesses, projections, wall insets, arcades, window display areas, awnings, balconies, window projections, landscape structures or other features that complement the design intent of the structure. A portion of the on -site landscaping shall abut the walls so that the vegetation combined with the architectural features significantly reduce the visual impact of the building mass as viewed from the street. Additional landscaping requirements are in DCC 19.76.080. iii. Building Materials. The predominant building materials shall be materials that are characteristic of Central Oregon such as brick, wood, native stone and tinted/textured concrete masonry units and/or glass products. Other materials such as smooth -faced concrete block, undecorated tilt -up concrete panels, or pre -fabricated steel panels should only be used as accents and not dominate the building exterior of the structure. Metal roofs may be allowed if compatible with the overall architectural design of the building. iv. Roof Design. Roofs shall be designed to reduce the apparent exterior mass of a building, add visual interest and be appropriate to the architectural style of the building. Variations within one architectural style are highly encouraged. Visible roof lines and roofs that project over the exterior wall of a building enough to cast a shadow on the ground are required. Architectural methods shall be used to conceal flat roof tops. Overhanging eaves, sloped roofs and multiple roof elements are highly encouraged. Mansard style roofs are prohibited. v. Customer Entrance. Each building shall have at least one clearly defined, highly visible customer entrance using a combination of the following architectural features: canopies, porticos, arcades, arches, wing walls, and permanent above grade integral planters. Chapter 19.76 6 (10/2001) vi. Community Amenities. Each building shall contribute to the establishment or enhancement of the community and public spaces by providing at least two community amenities such as a patio/seating area, water feature, art work or sculpture, clock tower, pedestrian plaza with park benches or other features acceptable to the review authority. These shall abut the primary entrance to the building. vii. Building and Sign Colors. Exterior colors shall be of low reflectance, subtle, neutral or earth tone colors. The use of high intensity colors such as black, neon, metallic or florescent colors for the facade and/or roof of the building are prohibited except as approved for building trim. The color guide provides samples of approved and prohibited colors. The use of trademark colors will require approval. viii. Exterior Lighting and Flag Poles. Exterior lighting shall be shielded and directed down onto the site and not shine or glare onto adjacent property or streets. Light poles, light fixtures and flag poles shall not exceed 25 feet in height. ix. Signage. A comprehensive signage plan shall be required pursuant to DCC 15.08, except that pole signs are prohibited. Ground mounted signs shall not exceed 15 feet in height and eight feet in width. Wider signs may be allowed provided that the total sign are does not exceed 120 square feet. All sign bases shall be constructed of materials compatible with the architecture of building(s) located on the premises. White, ivory and yellow backgrounds of internally illuminated signs shall not exceed 20 percent of the total sign area including reader boards. E. Exceptions. The Planning Director or Hearings Body is authorized to grant exceptions from the setbacks, height, landscaping, parking and lot coverage standards if it can be determined that: 1. The exception is the minimum needed to achieve the purpose and objectives of DCC 19.76.075; 2. The exception does not adversely impact an adjacent building or property or create any unsafe pedestrian or vehicular situation; and 3. The exception is necessary to create a more aesthetic or pleasing vista along the streets within the CH, Highway Commercial zone. F. Compliance with Plans. Construction, site development and landscaping shall comply with the approved plans, drawings, sketches and other documents approved by the Planning Director or Hearings Body. (Ord. 97-038 §3, 1997) 19.76.080. Required Minimum Standards. A. Minimum Landscaping Standards. All developments subject to site plan approval shall meet the following minimum standards for landscaping: 1. A minimum of 15 percent of the area of a project shall be landscaped for multifamily, commercial and industrial developments, subject to site plan approval and the following requirements: a. Landscape Plan. The applicant shall submit a complete landscape plan showing all live plant materials and non -plant materials to be installed on the site in order to meet the landscape requirement. The landscape plan shall also include written documentation of how the site will be prepared for plant material installation with an emphasis on soil quality and available depth. b. Irrigation. All plant materials, except existing native plants not damaged during construction, shall be irrigated by underground sprinkler systems set on a timer in order to obtain proper water duration and ease of maintenance. c. Non -Plant Materials. The use of certain non -plant materials as part of the landscape plan is highly encouraged. These materials may include the following: large landscape quality boulders, wood or concrete soil retaining devices, gravels, concrete garden amenities, approved mulch materials, stepping stones and water features. Borders for landscape beds abutting Chapter 19.76 7 (10/2001) parking areas shall be constructed with extruded or poured -in -place concrete, retaining walls, sidewalks and/or other features acceptable to the County. d. Plant Materials. Minimum plant material sizes and placement: (Note: Annual type plants will not be counted as part of the landscaping requirement unless permanent architectural or other non -movable features are specifically created for these type of plants.) i. Trees. A variety of tree species is encouraged as a way to provide visual interest and to protect against same species die out or disease. Acceptable tree species shall be those trees which are listed in DCC 19.76.080(A)(2)(g), readily available from local nurseries, tolerant of Central Oregon climate, disease resistant, and do not create unusual maintenance problems. All deciduous trees shall be a minimum of two inches in diameter at breast height. Larger diameter trees are encouraged if soil conditions allow. ii. Ponderosa Pine. There shall be one native Ponderosa species of pine planted for every four deciduous trees required to be planted on the site. Pine trees may require larger planting beds due to their size at maturity. All coniferous trees, except Ponderosa, shall be a minimum of six feet in height. Ponderosa trees shall be a minimum of three feet in height. Larger Ponderosa trees are encouraged if readily available. iii. Shrubs. All shrubs shall be a minimum of three gallons in size. Shrubs adjacent to parking areas with car overhang shall be planted at least three feet from the parking surface. Shrubs shall not be placed closer to other materials than the plant spread at maturity. At least 40 percent of the shrubs in the landscape plan shall include evergreens. The use of a variety of shrub types is encouraged. iv. Ground covers. All ground covers shall be of sufficient size and quantity to provide for maximum coverage in five years based upon the species and growth pattern. v. Planting beds. Planting beds shall be of sufficient width to accommodate the plants at maturity. The planting beds along the perimeter of a building shall incorporate a mix of trees, shrubs and ground covers to buffer the building and reduce the apparent mass of the building as viewed from the street. The plant materials within the planting bed shall not create hiding areas or other security concerns. 2. Street Trees. The placement, spacing and pruning of street trees shall be as follows, although the Planning Director or Hearings Body may adjust the placement standard for special site conditions: a. Street trees shall be located a minimum of five feet from the face of a curb. b. Street Trees shall be placed a maximum of 30 feet apart. Reduced separation may be required for smaller species of trees. Variety in tree placement using clusters of trees and uneven spacing is encouraged. c. An approved tree grate or other surface treatment shall be used for street trees planted in paved or concrete area. d. As street trees grow, they shall be pruned to provide a minimum clearance of eight feet above sidewalk and 14 feet above street, alley or roadway surfaces. e. Existing trees may be used as street trees if they are not killed or damaged from any new development. Sidewalks of variable width and elevation may be utilized to save existing street trees. f. Existing street trees removed by development projects shall be replaced by the developer with those from the approved street tree list. g. Street trees shall be those species suitable for the location in which they are placed. Approved tree species include: Trees with low mature tree height (25 feet or less) for use in areas under power lines or in small planting areas: Amur Maple/Ater ginnala Canada Red Cherry/Prunus Virginiana `Shubert' Eastern Redbud/Cercis canadensis Chapter 19.76 8 (10/2001) C. Flowering Crabapple/Malus `variety' Hawthorn/Crataegus `variety' Japanese Lilac Tree/Syringa reticulata Serviceberry/Amelanchier Medium mature tree height (30 to 45 feet): American Hornbeam/ Carpinus caroliniana Callery Pear/Pyrus calleryana Hedge Maple/Acer campestre Mountain Ash/Sorbus acuparia `variety' Tall mature tree height (50 feet or larger): Birch/Betula pendula `variety' Green Ash/Fraxinus pennsylvanica Honey Locust/Gleditsia tricanthos `variety' Littleleaf Linden/Tilia cordata Norway Maple/Acer platanoides `variety' Pin Oak/Quercus paluatris Red Maple/Acer rubrum `variety' Red Oak/Quercus rubra Other tree species: The Planning Director or Hearings Body may approve other tree species as necessary to achieve the purposes of DCC 19.76.080. 3. Areas of commercial and industrial zones used for vehicle maneuvering, parking, loading or storage shall be landscaped and screened as follows: a. Landscape coverage of the landscape area shall be 50 percent at the time of installation and 90 percent at five years. b. Parking lot landscaping shall consist of a minimum of seven percent of the total parking area plus a ratio of one tree per eight parking spaces to create a canopy effect. c. Landscape buffers between parking areas, parking pods and internal streets shall have a minimum width of five feet with no car overhang and 10 feet with a car overhang. d. Landscape buffers between parking and an abutting property line shall have a minimum width of 10 feet. e. Front or exterior yard landscaping may not be substituted for the interior landscaping required for interior parking stalls. f. There shall be a landscaped and/or screened buffer area a minimum distance of five feet between commercial uses. g. There shall be a minimum width of 10 feet for landscape buffers between buildings adjacent to streets. h. Landscape buffers shall consist of evergreen ground cover and shrubs mixed with a variety of flowering and deciduous species of trees and shrubs. i. Landscaping in a parking or loading area shall have a width of not less than five feet. Landscaping in a parking or loading area shall be located in defined landscaped areas which are uniformly distributed throughout the parking or loading area. 4. Required landscaping shall be continuously maintained. 5. Vegetation planted in accordance with an approved site plan shall be maintained by the owner, any heir or assignee. Plants or trees that die or are damaged shall be replaced and maintained. 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: 1. Units with one or two bedrooms: 200 square feet of lawn per unit. 2. Units with three or more bedrooms: 300 square feet of lawn per unit. Storage. Areas shall be provided in residential developments for the storage of articles such as bicycles, barbecues, luggage, outdoor furniture, etc. Chapter 19.76 9 (10/2001) D. Drainage. Surface drainage shall be contained on site. E. Bicycle Parking. The development shall provide the number and type of bicycle parking facility as required in DCC 19.80.080 and 19.80.090. The location and design of bicycle parking facilities shall be shown on the site plan. F. Internal Pedestrian Circulation. Internal pedestrian circulation shall be provided in new office parks and commercial developments through the clustering of buildings, construction of hard surface pedestrian walkway, and similar techniques. Walkways shall connect building entrances to one another and from building entrances to public street and existing or planned transit stops. On -site walkways shall connect with walkways, sidewalks, bikeways, and other pedestrian or bicycle connection on adjacent properties planned or used for commercial, multifamily, institutional or park use. G. Public Transit Orientation. New retail, office and institutional buildings on parcels within 600 feet of existing or planned transit routes shall provide preferential access to transit through the following measures: 1. Orienting building entrances to a transit facility; or 2. Locating buildings as close as possible to the transit route street. (Ord. 97-038 §4, 1997; Ord. 93-018 §5, 1993; Ord. 88-042 §33, 1988) 19.76.090. Deschutes River Corridor Design Review. A. Purpose. It is the purpose of the Deschutes River Corridor Design Review to ensure compliance with the objectives of DCC Title 19 and the goals and policies relating to the Deschutes River in the Bend Area General Plan. The purpose shall also be to: 1. Recognize and respect the unusual natural beauty and character of the Deschutes River. 2. Conserve and enhance the existing riparian zone along the Deschutes River. 3. Allow the community flexibility in reviewing development proposals within the Areas of Special Interest that are designated on the Bend Area General Plan. 4. Maintain the scenic quality of the canyon and rimrock areas of the Deschutes River. 5. Conserve and enhance property values. In considering a Design Plan the Bend Urban Area Planning Commission shall take into account the impact of the proposed development on nearby properties, on the capacity of the street system, on land values and development potential of the area, and on the appearance of the street and community. B. The following areas and uses are exempt from the Deschutes River Design Review process: 1. Public streets and utility facilities existing as of the date of adoption of DCC Title 19. Notwithstanding anything to the contrary in DCC Title 19, a variance may be granted to the mandatory 40 foot setback for future public streets and utility facilities. 2. Irrigation facilities, canals and flumes existing as of the date of adoption of DCC Title 19. C. Design Review Procedure. All new development, structures, additions and exterior alterations to structures, including outside storage and off-street parking lots within the Deschutes River Corridor, are subject to a Design Review process. 1. Prior to filing a design review application, the applicant shall confer with the Planning Director concerning the requirements of formal application. 2. The design review application shall be filed on a form provided by the Planning Division and shall be accompanied by drawings and information as specified by the Planning Division. Copies of the plan shall be submitted and such additional information as is deemed necessary for the Planning Director or Bend Urban Area Planning Commission to adequately review the application. 3. The Bend Urban Area Planning Commission or Planning Director shall in accordance with DCC Title 19 and DCC Title 22 approve, approve with conditions, or disapprove the design plan. In approving the plan, the Bend Urban Area Planning Commission or Planning Director shall find that Chapter 19.76 10 (10/2001) all provisions of DCC Title 19 are complied with and that all buildings and facilities, access points, parking loading facilities, lighting, and walls or fences are so arranged that traffic congestion is avoided and pedestrian and vehicular safety and welfare are protected, and there will be minimal adverse effect on surrounding property and the river corridor. The decision of the Bend Urban Area Planning Commission or Planning Director shall be final unless appealed in accordance with applicable provisions of DCC Title 22. D. Minimum Standards. All development within the Deschutes River Corridor shall meet the following minimum standards for development: 1. Building Setbacks. For the areas described below, the setback for all new development shall be a minimum of 100 feet from the ordinary high water mark unless the applicant can demonstrate that a lesser setback is warranted, due to lot size and shape, topography, preservation of natural vegetation, view corridors, and subject to the criteria in DCC 19.76.090(E). In no case shall the setback be less than 40 feet from the ordinary high water mark of the Deschutes River. The term "new development" shall not include rebuilding an existing structure provided that the rebuilt structure is comparable in size, profile, use and location to the structure that previously existed. a. The east and west banks from the southern boundary of the City of Bend to the southern boundary of the Bend Urban Area; b. The east and west banks from the northern boundary of the City of Bend to the northern boundary of the Bend Urban Area. 2. Building Heights. Maximum structure height shall be limited to 30 feet at the minimum setback line. The Bend Urban Area Planning Commission may allow increases in building heights up to the allowed height in the underlying zone the farther the building sets back from the river. The Bend Urban Area Planning Commission may limit building height the closer to the river a building is allowed. The building height shall be measured from the lowest natural grade facing the river to the highest measurable point on or projecting from the roof of the structure. E. Site and Design Review Criteria. in addition to the minimum standards above, the Bend Urban Area Planning Commission shall review the development using the following design criteria: 1. Conservation of natural features. Major rock outcrops, stands of trees or other prominent natural features are an important part of the visual character and duality of the community. The Bend Urban Area Planning Commission shall review the applicant's proposal for impacts on these resources and may limit the amount of removal, require additional screening, or moving or reducing in size the development addition or structure in order to preserve to the greatest extent possible, existing natural features. 2. Compatibility with existing area. The Bend Urban Area Planning Commission shall consider the relationship of the proposed development with the existing surroundings, in terms of building bulk, height, location, separation, shape, parking areas, lighting, fences, landscaping, open space, visual and physical corridors to the river and adjacent land use. The Bend Urban Area Planning Commission may establish increased setbacks, limitations of building heights, and limitations on the bulk and length of buildings, limitations on lighting, landscaping, fences, size and shape of windows facing the river, size and location of parking, and outdoor storage areas in order to carry out the purpose of DCC Title 19. 3. Colors and Materials. The Bend Urban Area Planning Commission shall consider colors and materials. The Bend Urban Area Planning Commission may require new structures and additions to existing structures to be finished in muted earth tones that blend with and reduce contrast with the surrounding vegetation and landscape of the building site or colors that are compatible with adjacent buildings. 4. No large areas, including roofs, shall be finished with bright or reflective materials. Metal roofing material is permitted if it is nonreflective and of a color which blends with the surrounding vegetation and landscape. (Ord. 94-027 §3, 1994; Ord. 90-038 § 1, 1990) Chapter 19.76 11 (10/2001) AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of December 16, 2020 DATE: December 10, 2020 FROM: Anthony Raguine, Community Development, 541-617-4739 TITLE OF AGENDA ITEM: FIRST READING: Consideration of Ordinance No. 2020-018, Amendments to Deschutes County Code Chapters 18.76, Airport Development Zone, and 18.116, Supplementary Provisions. BACKGROUND AND POLICY IMPLICATIONS: The applicant, City of Bend (City), seeks a number of amendments to the Deschutes County Code with respect to the Bend Municipal Airport (Airport). Primary among these amendments is a streamlined land use review for personal use hangars at the Airport. The City also proposes to adopt the definition of "customary and usual aviation -related activities" from Oregon Administrative Rule, and the definition of "hangar" and "fixed based operator" from the Federal Aviation Administration. Finally, the City proposes to amend the required front and rear yard setbacks, and allow parking in the front yard, to match the existing development pattern at the Airport. FISCAL IMPLICATIONS: None. ATTENDANCE: Anthony Raguine, Senior Planner REVIEWED LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 18, Chapter 18.76, Airport Development ("AD") Zone, and Chapter 18.116, Supplementary Provisions, to streamline review of personal use hangars; reduce the front and rear yard setbacks; adopt Oregon Administrative Rule ("OAR") and Federal Aviation Administration ("FAA") definitions; and allow parking in the front yard. * ORDINANCE NO.2020-018 WHEREAS, the City of Bend ("City") applied under land use file number 247-20-000482-TA to amend Chapter 18.76 of Title 18, Deschutes County Zoning, to streamline review of personal use hangars; reduce the front and rear yard setbacks; adopt OAR definition of "customary and usual aviation -related activities"; and adopt the FAA definition of "fixed based operator" and"hangar"; and ; WHEREAS, the City applied under said land use file to amend Chapter 18.116 of Title 18, Deschutes County Zoning, allow parking in the front yard in the AD Zone; and WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on September 15, 2020, before the Deschutes County Hearings Officer; and WHEREAS, on November 10, 2020, the Hearings Officer approved the amendments and recommended the Board adopt an ordinance; and WHEREAS, pursuant to Deschutes County Code 22.28.030(B), the Board shall, in the absence of an appeal adopt the Hearings Officer's decision; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 18.76. Airport Development Zone, is amended to read as described in Exhibit "A", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfik�eiaghr Section 2. AMENDMENT. DCC 18.116. Supplementary Provisions, is amended to read as described in Exhibit `B," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str-ike4ffeugh. PAGE 1 OF 2 - ORDINANCE NO.2020-018 Section 3. FINDINGS. The Board adopts as its findings, Exhibit "C," the Hearings Officer's decision, attached hereto and by this reference incorporated herein. Dated this of , 2020 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PATTI ADAIR, Chair ANTHONY DeBONE, Vice Chair ATTEST: Recording Secretary PHILIP G. HENDERSON, Commissioner Date of 1 It Reading: day of , 2020. Date of 2" d Reading: day of , 2020. Record of Adoption Vote: Commissioner Yes No Abstained Excused Patti Adair Anthony DeBone Philip G. Henderson Effective date: day of 52020. PAGE 2 OF 2 - ORDINANCE NO. 2020-01 S Chapter 18.76. AIRPORT DEVELOPMENT ZONE — A-D 18.76.010. Purpose. 18.76.020. Standards in All Districts. 18.76.030. Uses Permitted Outright. 18.76.040. Conditional Uses. 18.76.050. Use Limitations. 18.76.060. Dimensional Standards. 18.76.070. Airfield Operations District (AOD). 18.76.080. Aviation Support District (ASD). 18.76.090. Aviation -Related Industrial District (ARID). 18.76.100. Design and Use Criteria. 18.76.110. Additional Requirements. 18.76.010. Purpose. The purpose of the Airport Development (AD) Zone is to allow for development compatible with ongoing airport use consistent with the roost r,ec�,ntl_tadohtod Deschutes County Year AJ-00-Comprehensive Plan and the 9 xlzott eccntlX a.roved Bend Airport Master Plan �s��- a �t��t�, wile providing for public review of proposed development likely to have significant impact on surrounding lands. The AD Zone is composed of three separate zoning districts, each with its own set of allowed uses and distinct regulations, as further set forth in DCC 18.76. (OI_ . 2020-018 �_1_, 2020z_Ord. 2003-036 §2, 2003; Ord. 91-020 §1, 1991) 18.76.015, Definitions. The rn z_ci€ fri_iitions_ 1 71y on y to C I ptcr I �._7Cs. _ -Custoulary and u.I.ial aV121i0rx rclatCd activities include. but are not hi.nned to,_[ak offs, landinf)s, aircraft, 1a31f aI"s, tSE',Cx()w11s,. construction and. maintenatlC;(',___ol a i-poit facilitics,_ _f xed-base ope ator _f: cillticS,_ £ residence for an airport caretaker or_security oificer,_ajid_othe activities incidental to the normal ol)eration of rti.airtioz_t__IZesidcntiErl, corgi}rxxcrcril, rr7clrrstlial_,_txarxilfactuzzrxs>:,xcl otlxez_uses, _ecel�t_ls provided iI7_tl_ais rule, are not custon7arvv and usual aviation -related d activities azxci_rnav ouly be author rred__rmrsuanl to _C)AR 660-013-0110. ^t i\,ccl-base operator of 111U)" tricans a con-irnercclial business granted the _riivbf bv_the ._airport sponsor to ot�ciate art al�_aiz oz"t azld_pz_c id aeronautical ser"viec ;_ such as fuelin hanj arin tie -down and azkizrg, aircraft rental, aircraft maintenance„ flight instruction}, -etc. "I ialgat mcanS xIr airport structure_intended for the following uses: A Storaae of_actzve_ aircraft. B. Shelter for nxam1enance,_rrf a r,_or �efurbisllnlc nt c}f' uircraft,_ but not the Jude frnite stc-r-a_g,c of_non- operat_ional aircraft_ C Construction of aniateur-built or kit -built aircraft I7__ toz rs>� of rtr cr <rft hancilitx cclui zxxc nt.Lc .f __ to�v..l�ar, glider to«, c cru plrlent _ n or klscrlchc sand tools_ rod materials used ta_ Ezvice_,zxxanntlirl r"epir" oroutfzi a ir_craftjterris related to ancillary incidental uses that do not affc ctthe hatxs�_ars'_�rixnartuse l ,tozat ofzaxatcr"ials_related to_n_aeronautical _.activity,.=v,_tallooz� and_sicydi�irxtt ccruipzriert, ifficc urpzn nt,_ tc lcllin Y tools, and_matc6als related to ancillary or incidental_ uses_ that do not affect Chapter 18.76 1 (b42S_17/202Q) llalaazs___-17rirnazy_ i story c_oi ngn-aeronautical_ items that _do not__in_ter�fere_with the primary -- aeronautical ca ur Esc of the hangar (for exaax�.ple tglcvr ions fur;rlitu e). !i_v_chicle-arlced at_the hagaalzile the airctatt_usually stored in thathanfar is_flyins �sul cet to Io al airl�cxrtrules aad_x�e�ulatiorlsv G. A han�aaipU include restrooms��,ilot.loun� �,._oTfr��sa bz_iefin�xozxas _arxd c�e�� ctucutens. (Ond. 2070-018 -Uz2020� 18.76.020. Standards in All Districts. A. Approval Required. Any use in an AOD, ASD, or ARID District shall be subject to DCC 18.124. 1.__-1larwar_s not a_ssociatcd with a commercial or indListr_ral_use arc _exen pt_from DCC 2,_ Airirc._ld _inr_1;7r_ovemeuts iucludiirg_but Hot_limitCd tO rLlffiV ry.._taxkvays, taxilaric s.aircraft 17arki.n aa�rons, S 1-vice r_oaadds_ uavi,atioual aids aud_rumVaVarid sa(Cty 1,ciHJCS I-C(Mil-Cd_bv the Federal Avi,,rtion Adrxrir7istrartiou (FAM arc not subie� t to Courxty rcviev . B. Solar Setbacks. The setback from the north lot line shall meet the solar setback requirements of DCC 18.116.180. C. Building Code Setbacks. 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 Deschutes County under DCC 15.04 shall be met. D. Off -Street Parking and Loading. Off-street parking and loading shall be provided subject to the parking provisions of DCC 18.116. E. Outdoor Lighting. All outdoor lighting shall be installed in conformance with DCC 15.10. F. Excavation, Grading and Fill and Removal. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland shall be subject to DCC 18.120.050 and/or DCC 18.128.270. G. Signs. All signs shall be constructed in accordance with the provisions of DCC 15.08. 11 Nodficatiorx_ Deschutes Coulxiryv'_ shall movide j)o6heation of_alllaD use <lpt� icatiosls M au M zone to the firpor ijxarxage owner's designee in accordance with the provisions of DCC_ Fitic_22. (Ord. 2020-018,§1, 2020-,Ord. 2003-036 §2, 2003) 18.76.030. Uses Permitted Outright. The following uses and their accessory uses are permitted outright in all of the Airport Districts: A. 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. B. Class III road or street project. C. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. D. Farm use as defined in DCC Title 18. 13. C'ustornar�v__and usual aviation related activities. -- -- I_ tlans�ars are sub ect_to the standard s„and critcris establ1shedbv DCC 18.76.105_. 0-01 §. W—.0' Ord. 2003-036 §2, 2003; Ord. 2001-039 §10, 2001; Ord. 2001-016 §2, 2001; Ord. 93-043 §11, 1993; Ord. 91-020 §1, 1991) 18.76.040. Conditional Uses. The following uses may be allowed in all of the Airport Districts subject to DCC 18.128. A. Farm accessory buildings and uses, excluding residential uses. B. Utility facility necessary for public service except landfills. C. 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/or DCC 18.128.270. (Ord. 2003-036 §2, 2003; Ord. 2001-039 §10, 2001; Ord. 2001-016 §2, 2001; Ord. 91-038 §1, 1991) Chapter 18.76 2 (24204-812/220) 18.76.050. Use Limitations. The following limitations and standards shall apply to all permitted uses in the Airport Districts: A. The height of any plant growth or structure or part of a structure such as chimneys, towers, antennas, power lines, etc., shall not exceed 35 feet. B. In approach zones beyond the clear zone areas, no meeting place designed to accommodate more than 25 persons for public or private purposes shall be permitted. C. All parking demand created by any use permitted by DCC 18.76 shall be accommodated on the subject premises entirely off-street. D. No use permitted by DCC 18.76 shall require the backing of traffic onto a public or private street or road right of way. E. No power lines shall be located in clear zones. F. No use shall be allowed which is likely to attract a large quantity of birds, particularly birds which normally fly at high altitudes. (Ord. 2003-036 §2, 2003; Ord. 91-020 §1, 1991) 18.76.060. Dimensional Standards. The following dimensional standards shall apply in the Airport Districts: A. The minimum lot size shall be determined subject to the provisions of DCC 18.76 relative to setback requirements, off-street parking and loading requirements, lot coverage limitations or as deemed necessary by the Planning Director or Hearings Body to maintain air, land and water resource quality, protect adjoining and area land uses, and to ensure resource carrying capacities are not exceeded. B. An airport related use or structure located adjacent to or across the street from an existing residential use or platted residential lot shall not exceed 70 percent lot coverage and shall require off-street parking and loading areas. C. The minimum setback between any structure and an ai teriai cr- cc,1 ccto_._r.g A of way shall be 4-00- 50 feet.11i ...i 2ii=1 ik? r�1>it l c7vr ikL t u� v a-cx-fig l�Erl i=iL 13t: Fh c 4 y 2 ilki �1€ 4 --The minimum setback between any structure and all local streets shall be 20 feet. D. The minimum setback between any structure and a property line adjoining a residential use or lot shall be 50 feet. E. The minimum lot frontage shall be 50 feet. F. The minimum side setback between any structure and a property line shall be three feet, and the minimum total of both side setbacks shall be 12 feet. G. The minimum rear setback between any structure and a rear property line shall be 501-20_ feet. I_1. The rnMa ual setback froru internal _airport streets, access roads, and -drk/es_shall _be 10 feat from the ccjt;c, of 1���`�c r��er7t. Ord. 20"0,018 ,51 2020-.Ord. 2003-036 §2, 2003; Ord. 94-008 §24, 1994; Ord. 91-020 §1, 1991) 18.76.070. Airfield Operations District (AOD). Uses Permitted Outright The uses permitted outright are -those ..listed under QC C 18.76,0,30.''Ire_C)14om4i11 L�.`'�'>.�'s z'v33�E�-tlii✓�i=2r£.�^,�a:�r;S(3I=�'-u`��'.�s-tar"'-'j��i`ki33ti��d-i`3ili%I�Xr3t:= A l�-. I'-ii�1'1;t3�"�.'s--a'T�'1�%Yc1`c-'e�c�,-t�€ �'iieii�i:�3(� 1%'�-iill�` -1'-��-43t-��§�,�Pi�-�rrrc�{{:-�s�r7��i'i'�ktl�--�r-�3-'F✓rt^3`zf3r3 :4��Ei�r�-r'�i1�,' (Ct_ci,020--018_51z2020-Ord. 2003-036 §2, 2003) 18.76.080. Aviation Support District (ASD). A. Uses Permitted Outright. The uses-erinitted outrightare those Ii_Sted_tirider DCC 18.76 03Q.'11r� -ii; � i � t-E3utr3 3-Nvaxj7;-sc-r-viee-i=oad5--ftx'�``',I Chapter 18.76 3 (0, &/204-,? 12/J0,20) B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128 and a conditional use permit: 1. Restaurant, which may include a bar or cocktail lounge as an accessory use. One restaurant per airport. Restaurant, including any accessory use, to be 2,500 square feet or less in size. 2. Airport or aviation -related businesses that benefit from an on -airport location. (« rd._20_7_ON018_1, 2.07Os_Ord. 2004-013 §8, 2004; Ord. 2003-036 §2, 2003) 18.76.090. Aviation -Related Industrial District (ARID). Uses Permitted Outright. `Lh� usc517erm}tt:e.d_out6ght are those_1_zsied undei DCC -eMLM 'C41 Y-_r_e_P"F tw,ceIiailt-t{i_z'}:11aa3=1:7, W-to 41£ii't%?ii's'5.; D . Airport or aviation -related commercial or industrial businesses that benefit from an on -airport location. (QE . 2020- 18 §1,_ O0 Ord. 2003-036 §2, 2003) 18.76.100. Design and Use Criteria. The following dimensional standards shall apply in the Airport Districts: The Planning Director or Hearings Body shall take into account the impact of any proposed conditional use within the AD Zone on nearby residential and commercial uses, and on the capacity of transportation and other public facilities and services. In approving a proposed conditional use, the Planning Director or Hearings Body shall find that: A. The proposed use is in compliance with the Comprehensive Plan, including the current version of the adopted Bend Airport Master Plan. B. The proposed use is in compliance with the intent and provisions of DCC Title 18. C. Any adverse social, economical, physical or environmental impacts are minimized. D. The proposed use is not sensitive to noise of the character anticipated by the current and expected noise level contours of the airport. E. The proposed use is compatible with adjacent agricultural and residential uses. F. There are sufficient public facilities and services to support the proposed use. G. The location and site design of the proposed facility will not be hazardous to the safety and general welfare of surrounding properties, and that the location will not unnecessarily restrict existing and future development of surrounding lands as indicated in the Comprehensive Plan. H. The use shall make the most effective use reasonably possible of the site topography, existing landscaping and building placement so as to preserve existing trees and natural features, preserve vistas and other views from public ways, minimize visibility of parking, loading and storage areas from public ways and neighboring residential uses, and minimize intrusion into the character of existing developments and land uses in the immediate vicinity of the proposed use. (Ord. 2018-006 §9, 2018; Ord. 2003-036 §2, 2003; Ord. 91-020 §1, 1991) 18_76,105. -_.I lava4ars. A. Review Process. Chapter 18.76 4 ({ &/-, 0-412/2r0) I,_--1lam_ ars, as defined_ in section 18.76.015,_ shall be _processed -as_a develaprncnt �actig1l_.pur suani to- DCC 22.16 and ar-e not subject to DCC 18.124. 2_l Igigars intenided to sup7port fixed based _ operators,flight schools, --paint shops _ and other commercial and industrial uses are sgbipct to QCC 18.124. B. Hangar A.p)roval Criteria. 1. The _location _and height of p oposed structures r711_rst be clear of FAA protected surfaces including runway safey_ar c a, z'un ly-L otee0-on _z_ore ru may object free, areaxi ay/taxilane object free _ z ___ _ area FAA fart 7'7_surfaces, F AA 1'IJUS surfaces,_ and ._other clear _areas identifiedon the currei-1— adoPted_llirporttl ayout Plan. 2__ No_above ground utility installations shall be allowed 33_ All exterior _lightinshall lac shreld dso that drr_cct_1,r 1u_docsnat,_"cct off site pursuant to_DCC 0, 4. RUIrdng KNuircrnent. a I lan(wirs_under 10,000.._s_cluare ,feet of floor space are not subject to the parka 11, rec7uIre! lent under DCC 18.116.030(8�. an_s4ars_greatur than orequal_to 10,000 square feet _o floorspace are subject to_th parldn reiglrrrerrlent under DCC 18 116.030(8)_lhr5_reequir_edvehicle. parking can be accommodated inside the hangar. (Ord. 2020-018 61. 2020 ) 18.76. 110. Additional Requirements. As a condition of approval for any conditional use proposed within the AD Zone, the Planning Director or Hearings Body may require: A. An increase in required setbacks. B. Additional off-street parking and loading facilities and building standards. C. Limitations on signs or lighting, hours of operation, points of ingress and egress and building heights. D. Additional landscaping, screening and other improvements. E. Glare -resistant materials in construction or other methods likely to reduce operating hazards. F. Other conditions considered necessary to achieve compliance and policies of the Comprehensive Plan. (Ord. 2003-036 §2, 2003; Ord. 91-020 §1, 1991; Ord. 80-221 §l, 1980) Chapter 18.76 5 Chapter 18.116. SUPPLEMENTARY PROVISIONS 18.116.010. Authorization of Similar Uses. 18.116.020. Clear Vision Areas. 18.116.030. Off -Street Parking and Loading. 18.116.031. Bicycle Parking. 18.116.035. Bicycle Commuter Facilities 18.116.036 Special Parking Provisions for the Sunriver Town Center District 18.116.040. Accessory Uses. 18.116.050. Manufactured Homes. 18.116.070. Placement Standards for Manufactured Homes. 18.116.080. Manufactured Home or RV as a Temporary Residence on an Individual Lot. 18.116.090. A Manufactured Home or RV as a Temporary Residence for Medical Condition. 18.116.095. Recreational Vehicle as a Temporary Residence on an Individual Lot. 18.116.100. Building Projections. 18.116.200. Repealed. 18.116.120. Fences. 18.116.130. Hydroelectric Facilities. 18.116.140. Electrical Substations. 18.116.150. Endangered Species. 18.116.160. Rimrock Setbacks Outside of LM Combining Zone. 18.116.170. Solar Height Restrictions. 18.116.180. Building Setbacks for the Protection of Solar Access. 18.116.190. Solar Access Permit. 18.116.200. Repealed. 18.116.210. Residential Homes and Residential Facilities. 18.116.215. Family Child Care Provider. 18.116.220. Conservation Easements on Property Adjacent to Rivers and Streams -Prohibitions. 18.116.230. Standards for Class I and II Road Projects. 18.116.240. Protection of Historic Sites. 18.116.250. Wireless Telecommunications Facilities. 18.116.260. Rock Crushing Outside the SM Zone. 18.116.270. Conducting Filming Activities in All Zones. 18.116.280. Home Occupations. 18.116.290. Amateur Radio Facilities 18.116.300. Wind Energy Systems that Generate Less than 100 kW 18.116.310. Traffic Impact Studies 18.116.320. Medical Marijuana Dispensary 18.116.330 Marijuana Production, Processing, and Retailing 18.116.340 Marijuana Production Registered by the Oregon Health Authority (OHA) 18.116.350 Accessory Dwelling Units in RR10 and MUA Zones 18.116.360 Nursery Schools 18.116.030. Off-street Parking and Loading. E. General Provisions. Off -Street Parking. 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, Paxl-the La Pine UUC Business Park (LPBP) Chapter 18.116 (-1012/2020) District, and -the LaPine LJLJC Industrial District (LPI), and_tbe l�ix_ o_I Deve opmi!e, t (A-E f orxg,_but such space may be located within a required side or rear yard. (Ozd�20DQ-Rt �2,_2_2 ;__Ord. 2020-001 §14, 2020; 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) Chapter 18.116 (1012/2020) Mailing Date: Tuesday, November 10, 2020 DECISION, FINDINGS AND RECOMMENDATION OF THE DESCHUTES COUNTY HEARINGS OFFICER FILE NUMBERS: HEARING DATE: HEARING LOCATION: APPLICANTS/OWNERS: AGENTS FOR APPLICANTS: 247-20-000482-TA September 15, 2020, 6:00 p.m. Videoconference and Barnes & Sawyer Rooms Deschutes Services Center 1300 NW Wall Street Bend, OR 97708 City of Bend Tom Headley, PE Century West Engineering 1020 SW Emkay Drive, Ste. 100 Bend, OR 97239 SUBJECT PROPERTIES: The subject properties comprise the Bend Municipal Airport, which includes the following addresses and tax lots: 1. 63066 Powell Butte Highway; tax lot 200 on Assessor map 17-13-20; 2. 63110 Powell Butte Highway; tax lot 201 on Assessor map 17-13-20; 3. 63290 Powell Butte Highway; tax lot 100 on Assessor map 17-13-17C; 4. 63300 Powell Butte Highway; tax lot 200 on Assessor map 17-13-17; 5. 22550 Nelson Place; tax lot 202 on Assessor map 17-13-20. REQUEST: Applicant requests a text amendment to Deschutes County Code Chapter 18.76, AD Zone, and Chapter 18.116, Supplementary Provisions ("Text Amendments"). The specific language of the Text Amendments is included as Exhibit A to this decision. STAFF CONTACT: Anthony Raguine, Senior Planner HEARINGS OFFICER: Tommy A. Brooks SUMMARY OF DECISION: The Hearings Officer finds that the Applicant's request satisfies all precedural and substantive criteria necessary to approve the requested Text Amendments. The Hearings Officer recommends the Deschutes County Board of County Commissioners adopt the requested Text Amendments by ordinance. I. APPLICABLE STANDARDS AND CRITERIA Deschutes Coupty Code Title 18, Deschutes County Zoning Ordinance Chapter 18.36, Amendments Title 22, Deschutes County Development Procedures Ordinance Chapter 22.28, Land Use Action Decisions Statewide Planning Goals 1-19 State Statutes ORS 836.610 ORS 836.616 State Administrative Rules OAR Chapter 660, Division 013 II. BACKGROUND AND PROCEDURE A. Background The Applicant in this proceeding is the City of Bend ("City"). The City owns and operates the Bend Municipal Airport ("Airport") on the subject properties. The subject properties are zoned Airport Development (AD) ("AD Zone") and are the only properties in the County with that zoning designation. The City is requesting various text amendments to Deschutes County Code ("DCC" or "Code") Chapter 18.76, relating to the AD Zone, and Chapter 18.116, relating to various Supplementary Provisions of that chapter applicable to the Airport. The Applicant included its requested text amendments in its application, and later submitted a revised version of the specific text amendments it seeks. This decision will refer to the final version of the text amendments, attached as Exhibit A, as the "Text Amendments." As described by the City and County Planning Staff ("Staff'), the proposed amendments to DCC 18.76 have the following purposes: 1. Streamline county review of personal use hangars 2. Revise outright permitted uses to include "customary and usual aviation -related activities" 3. Adopt Oregon Administrative Rule ("OAR") definition of "customary and usual aviation - related activities" 4. Adopt Federal Aviation Administration (FAA) definitions of "fixed based operator" and "hangar" 5. Reduce the arterial roadway (Powell Butte Highway) front yard setback from 100 feet to 50 feet 6. Reduce the rear yard setback from 50 feet to 20 feet. 2 The City and Staff state that the purpose of the proposed amendment to DCC 18.116.030(E)(5) is to allow parking in the front yard for uses in the AD Zone. B. Notice and Hearing On August 12, 2020, the County issued a Notice of Public Hearing ("Notice") for this matter. The County mailed the Notice to all owners of property within 250 feet of the AD Zone and the Airport boundaries. The County also published the Notice in the Bend Bulletin. Pursuant to the Notice, the Hearings Officer presided over the evidentiary hearing on September 15, 2020 at 6:00 p.m. Due to ongoing restrictions for public gatherings in response to the COVID-19 outbreak, the hearing was held in part via videoconference. The Hearings Officer, Staff, and two of the Applicant's representatives appeared in person. At the beginning of the evidentiary hearing, the Hearings Officer noted that this phase of the adoption of the Text Amendments would be quasi-judicial in nature and, therefore directed participants to confine comments to the approval criteria and standards, and to raise any issues a participant wanted to preserve for appeal if necessary. At the conclusion of the evidentiary hearing, the Hearings Officer announced that the record would remain open for written materials as follows: (1) any participant could submit additional materials until September 29, 2020; (2) any participant could submit additional rebuttal materials until October 6, 2020; and (3) the Applicant could submit a final legal argument until October 13, 2020. C. Nature of Decision The Text Amendments involve changes only to the language of the DCC. Due to the unique nature of the AD Zone, the changes, if adopted, impact only one property owner — the City. This matter therefore involves a threshold question of whether the Text Amendments are legislative, or whether they are indeed quasi-judicial in nature. As explained below, this is a unique situation in which the Text Amendments are both. DCC 18.136.010 governs amendments to the Code: DCC Title 18 maybe amended as set forth in DCC 18.136. The procedures for text or legislative map changes shall be as set forth in DCC 22.12. A request by a property owner for a quasi judicial map amendment shall be accomplished by filing an application on forms provided by the Planning Department and shall be subject to applicable procedures of DCC Title 22 By its express terms, this provision states that the process for a text amendment is as set forth in DCC 22.12. But DCC 22.12 broadly governs "legislative" procedures. DCC 22.04.020 defines legislative changes as follows: Legislative changes generally involve broad public policy decisions that apply to other than an individual property owner. These include, without limitation, amendments to the text of the comprehensive plans, zoning ordinances, or the 3 subdivision or partition ordinance and changes in zoning maps not directed at a small number of property owners. As Staff points out in its Staff Report (attached to this decision as Exhibit B), the Text Amendments do not fit squarely within this definition, as they apply to a single property owner. Further, the Code does not expressly define "text amendment" in the context of legislative changes or in the context of a quasi- judicial land use application, even though DCC 22.12.030 allows an individual to seek legislative changes through an application process. Because of that gap, Staff believes the Text Amendments should be processed in the same manner as a quasi-judicial plan amendment, which is governed by DCC 22.28.030. In support of its conclusion, Staff provides a detailed analysis under Strawberry Hill 4 Wheelers v. Benton Co. Bd. of Comm., 287 Or 591, 601 P2d 769 (1979) ("Strawberry Hill 4 Wheelers"). In that case, the Oregon Supreme Court set out a multi -factor test to determine what process applies to a land use application: Generally, to characterize a process as adjudication presupposes that the process is bound to result in a decision and that the decision is bound to apply preexisting criteria to concrete facts. The latter test alone [applying preexisting criteria to concrete facts] proves too much; there are many laws that authorize the pursuit of one or more objectives stated in general terms without turning the choice of action into an adjudication. Thus a further consideration has been whether the action, even when the governing criteria leave much room for policy discretion, is directed at a closely circumscribed factual situation or a relatively small number of persons. The coincidence both of this factor and of preexisting criteria of judgment has led the court to conclude that some land use laws and similar laws imply quasijudicial procedures for certain local government decisions. Strawberry Hill 4 Wheelers at 602-03. As Staff correctly notes, the Strawberry Hill 4 Wheelers decision sets out three factors which must be considered: l . Is the inquiry bound to result in a decision? 2. Are there preexisting criteria that are applied to concrete facts? 3. Is the inquiry directed at a closely circumscribed factual situation or a relatively small number of persons? Although it is a close call, the Hearings Officer agrees with County Planning Staff that the three factors listed above, in this case, warrant following a quasi-judicial process for the City's Application, at least initially. First, even if the Text Amendments are legislative changes, the Code provides an opportunity for an individual to make an application to initiate amendments. Whether the County approves or denies that application, a decision will result, so the inquiry is bound to result in a decision. Second, although Staff does not make this argument, there are preexisting criteria applicable to the City's request. Specifically, as explained in more detail below, ORS 83 6.6 10 et seq. and various state administrative rules require the County to have certain provisions in its Code relating to the operation of airports. An examination of the Text Amendments can determine if those requirements are met. Third, as already 11 acknowledged, this matter is directed at a relatively small number of persons because the City is the only property owner within the AD Zone and, therefore, the only property owner directly impacted by the Text Amendments. At the same time, the Text Amendments carry the qualities of a legislative act. The language in DCC 22.04.020 provides that legislative changes "generally involve broad public policy decisions that apply to other than an individual property owner," (emphasis added), and that definition does not state that decisions applicable to an individual property owner cannot be legislative. Indeed, that Code provision goes on to list examples of legislative decisions, including amendments to the text of zoning ordinances. An important component of DCC 22.12 is DCC 22.12.050, addressing final decisions. That Code provision states that "[a]ll legislative changes shall be adopted by ordinance." That language does not distinguish between purely legislative changes and those legislative changes that may be processed using a quasi-judicial process. This makes sense because the DCC is adopted by ordinance, and any changes to the text of the DCC would be an amendment to that adopted ordinance. It also makes sense because ORS 215.503(2) requires that "ja]ll legislative acts relating to comprehensive plans, land use planning or zoning adopted by the governing body of a county shall be by ordinance." (Emphasis added). Based on the foregoing, the Hearings Officer finds that, in this case, the ultimate adoption of the Text Amendments is a two-step process. The role of the Hearings Officer is to apply the law, not to change it. In the first step of the process, the Applicant has a right under the DCC to submit and to have considered an application to amend the Code's text. This phase of the process is quasi-judicial in nature and it is appropriate to have a hearing and to build a record following the principles of a quasi-judicial process. As part of that process, the Hearings Officer is addressing the application of the County's exiting laws. The second step of the process is for the Deschutes County Board of Commissioners ("Board') to adopt an ordinance to incorporate any text amendments to the Code. Amendments to the text of a zoning ordinance are a change in the County's law, and only the Board can make such a change. In other words, the Hearings Officer is without authority to amend the County's Code. The Hearings Officer, however, can make a recommendation to the Board based on what develops in the quasi-judicial phase of the process. III. FINDINGS AND CONCLUSIONS The specific amendments the Applicant requests to the Code are attached as Exhibit A. A. Compliance with Deschutes County Comprehensive Plan Finding: The Hearings Officer finds that the request in the Application is consistent with the County's Comprehensive Plan. As noted by Staff, the Comprehensive Plan includes a Transportation System Plan ("TSP"), which in turn includes an Airport Plan with an associated Goal and Policies. The Goal and Policies are codified into the DCC, specifically Chapter 18.76. No participant in this proceeding identified mandatory approval criteria within the Goal and Policies of the Airport Plan, or otherwise provided evidence or argument that the Text Amendments will violate the Comprehensive Plan. B. Compliance with Code Provisions Section 18.136.010. Amendments. DCC Title 18 maybe amended asset forth in DCC 18.136. The procedures for text or legislative map changes shall be as set forth in DCC 22.12. A request by a property owner for a quasi judicial map amendment shall be accomplished by filing an application on forms provided by the Planning Department and shall be subject to applicable procedures of DCC Title 22. Finding: The Hearings Officer finds that the request in the Application satisfies DCC 18.136.010 because, as explained below, it is consistent with DCC 22.12. No participant in this proceeding provided evidence or argument that this provision is not met. DCC 22.12 22.12.010. Hearing Required. No legislative change shall be adopted without review by the Planning Commission and a public hearing before the Board of County Commissioners. Public hearings before the Planning Commission shall be set at the discretion of the Planning Director, unless otherwise required by state law. Finding: The Hearings Officer finds that the request in the Application satisfies DCC 22.12.010. It is the Hearings Officer's understanding that, in the case of a text amendment initiated by an applicant (as opposed to one initiated by the Board), the Board has delegated to the Hearings Officer the authority to conduct the hearing on which the final decision will be made. It is also the Hearings Officer's understanding that the Planning Director has exercised discretion not to set a hearing before the Planning Commission. No participant in this proceeding provided evidence or argument that a different process should be followed or that this provision is not met. 22.12.020. Notice. A. Published Notice. 1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least 10 days prior to each public hearing. 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. C. Individual Notice. Individual notice to property owners, as defined in DCC 22.08.010(A), shall be provided at the discretion of the Planning Director, except as required by ORS 215.503. D. Media Notice. Copies of the notice of hearing shall be transmitted to other newspapers published in 0 Deschutes County. Finding: The Hearings Officer finds that the request in the Application satisfies DCC 22.12.020. As previously noted, the County provided notice of the proposed Text Amendments. No participant in this proceeding provided evidence or argument that this provision is not met. 22.12.030. Initiation of Legislative Changes. A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of Commissioners or the Planning Commission. Finding: The Hearings Officer finds that the Application satisfies DCC 22.12.030 because it involves legislative changes initiated by the application from the City of Bend. 22.12.050. Final Decision. All legislative changes shall be adopted by ordinance. Finding: The Hearings Officer finds that the request in the Application satisfies DCC 22,12.050 if the Board makes a final decision by adopting an ordinance with any approved amendments to the DCC. The Hearings Officer's decision is therefore a recommendation to the Board on which the Board can take final action. The decision and recommendation of the Hearings Officer does not purport to mandate any drlicular proceeding the Board must 'follow as art of its adoption. No participant in this proceeding p` _, p g p N.� p y"" p g provided evidence or argument that a different process should be followed or that this provision is not met. C. Compliance with Statewide Planning Goals and Associated Rules Pursuant to 197.835(7), an amendment to a local land use regulation must either be consistent with the Comprehensive Plan or, if the Comprehensive Plan does not provide a basis for the amendment, must be consistent with the Statewide Planning Goals ("Goals"). Amendments to local land use regulations may also be subject to specific administrative rules implementing the Goals. Because the Hearings Officer concludes above that the Text Amendments are consistent with the County's Comprehensive Plan, this general requirement is met. In the alternative, however, the Hearings Officer finds that the Text Amendments are consistent with the Goals. In support of this finding, the Hearings Officer adopts the reasoning set forth in pages 11 through 15 of the Staff Report (Exhibit B) with respect to each Goal, with the exception of Goal 12, which is addressed individually below. The Hearings Officer further notes that no participant in this proceeding provided evidence or argument that a requirement of any Statewide Planning Goal is not met. Goal I - To provide and encourage a safe, convenient and economic transportation system Findings: Goal 12 is implemented, in part, through OAR 660-012-0060 (the Transportation Planning Rule or "TPR"). The TPR requires a local government to put in place certain measures if a land use regulation "would significantly affect an existing or planned transportation facility." The City addressed the TPR in its Application initially through the submittal of a memorandum from Transight Consulting (Appendix 3 to the Application) ("Transight Memo"). That memorandum presents an analysis of potential impacts to the County's transportation system if the Text Amendments are adopted. A Senior Transportation Planner for the County reviewed and provided comment on the Transight Memo. Those comments were submitted to the record and also are reflected in the Staff Report. In general, the County's transportation planner agreed with the methodologies and conclusions in the Transight Memo, but also pointed out that the analysis had not yet addressed potential impacts that would result from new uses allowed by the Text Amendments. Specifically, the revisions to DCC 18.76.070 would add "customary and usual aviation -related activities" to uses allowed outright, which in turn would add "fixed - base operator facilities" as an allowed use. The County's transportation planner noted that changes proposed for 18.76.015, defining "fixed -based operator", includes a "commercial business granted the right by the airport sponsor to operate on an airport and provide aeronautical services such as fueling, hangaring, tie -down and parking, aircraft rental, aircraft maintenance, flight instruction, etc." The County's transportation planner expressed a specific desire to have the Applicant document the transportation impact of flight schools. The City provided additional information regarding potential transportation impacts arising from the newly -allowed uses — specifically addressing the addition of flight schools. In another memorandum dated September 14, 2020, Transight Consulting provided an analysis describing what it believed to be , the appropriate classification r1Gr flight Sclvo1S and the corresponding trip generation to be expected from that use. In a third memorandum from Transight Consulting, dated September 21, 2020, the Applicant refined its analysis and presented a "worst -case" scenario of traffic impacts that could result from new flight schools under the Text Amendments. The Applicant's ultimate conclusion was that the Text Amendments would result in no more than fifteen (15) weekday p.m. peak hour trips (adding hangars and flight schools), well below the County's significance threshold of 25 or more weekday p.m. peak hour trips. Neither the County nor any other participant disputed the conclusions in the Applicant's updated analyses. Goal 12 is also implemented through the application of OAR 660-013. Specifically, OAR 660- 013-0160(3) states that compliance with the requirements of OAR 660-013 "shall be deemed to satisfy the requirements of Statewide Planning Goal 12 (Transportation) and OAR 660, division 12 related Airport Planning". The provisions of OAR 660-013 are addressed below and the Hearings Officer finds that the Text Amendments comply with those provisions. The Hearings Officer notes that no other participant in this proceeding provided evidence or argument regarding the Text Amendments' compliance with the TPR. Based on the foregoing, the Hearings Officer finds that the Text Amendments would not significantly affect an existing or planned transportation facility, no additional measures are therefore required, and that Goal 12 and its implementing rules are satisfied. D. Compliance with Other State Statutes and Administrative Rules According to the Applicant, the Text Amendments are necessary in part to comply with various state laws. These rules are set forth below, followed by the Finding of the Hearings Officer. 836.610, Local government land use plans and regulations to accommodate airport zones and uses; funding; rules. (1) Local governments shall amend their comprehensive plan and land use regulations consistent with the rules for airports adopted by the Land Conservation and Development Commission under ORS 836.616 and 836.619, Airports subject to the rules shall include: (a) Publicly owned airports registered, licensed or otherwise recognized by the Department of Transportation on or before December 31, 1994, that in 1994 were the base for three or more aircraft; FINDING: The Hearings Officer finds that ORS 836.610(1) imposes a mandatory requirement on the County to amend its Code to be consistent with rules for airports adopted by the Land Conservation and Development Commission ("LCDC"). Based on the information in this record, the Bend Municipal Airport is a publicly owned airport recognized by the Oregon Department of Aviation ("ODA"). No other participant in this proceeding provided evidence or argument that this statute is not mandatory. The applicable LCDC rules are addressed below. 836.616, Rules for airport uses and activities. (2) Within airport boundaries established pursuant to commission rules, local government land use regulations shall authorize the following uses and activities: (a) Customary and usual aviation -related activities including but not limited to takeoffs, landings, aircraft hangars, tie -downs, construction and maintenance of airport facilities, fixed -base operator facilities and other activities incidental to the normal operation of an airport; (b) Emergency medical flight services; (c) Law enforcement and firefighting activities; (d) Flight instruction; (e) Aircraft service, maintenance and training; ()9 Crop dusting and other agricultural activities; (g) Air passenger and air freight services at levels consistent with the classification and needs identified in the State Aviation System Plan; 0 (h) Aircraft rental; (i) Aircraft sales and sale of aviation equipment and supplies; and (j) Aviation recreational and sporting activities. FINDING: The Hearings Officer finds that ORS 836.616(2) imposes a mandatory requirement on the County to authorize the uses listed in that statute. The Text Amendments adopt the term "customary and usual aviation -related activities", thereby bringing the Code into conformance with this statutory requirement. The statute does not specify the extent to which each use must be authorized. That is, the statute appears to provide the County with discretion to authorize such uses by right or subject to additional regulations. As a result, the other uses listed in the statute remain authorized, but subject to Site Plan Review under DCC 18.124 and, where applicable, Conditional Use Permit approval under DCC 18.128. No other participant in this proceeding provided evidence or argument that this statute is not mandatory or that the Text Amendments are inconsistent with the statutory mandate. 660-013-0030, Preparation and Coordination of Aviation Plans (2) A city or county with planning authority for one or more airports, or areas within safety zones or compatibility zones described in this division, shall adopt comprehensive plan and land use regulations for airports consistent with the requirerents of this division and ORS 836.600 through 836.630. Local comprehensive plan and land use regulation requirements shall be coordinated with acknowledged transportation system plans for the city, county, and Metropolitan Planning Organization (MPO) required by OAR 660, division 12. Local comprehensive plan and land use regulation requirements shall be consistent with adopted elements of the state ASP and shall be coordinated with affected state and federal agencies, local governments, airport sponsors, and special districts. If a state ASP has not yet been adopted, the city or county shall coordinate the preparation of the local comprehensive plan and land use regulation requirements with ODA. Local comprehensive plan and land use regulation requirements shall encourage and support the continued operation and vitality of airports consistent with the requirements of ORS 836.600 through 836.630. FINDING: The Hearings Officer finds that this administrative rule imposes a mandatory requirement on the County to adopt land use regulations consistent with the statutes identified in the rule — addressed above — and the provisions of this rule. The Staff report notes that the Notice of Public Hearing was sent to multiple agencies, including ODA, but that no comments were received from those agencies. Various information throughout the record indicates that the Text Amendments will encourage and support continued operation of the Airport. In addition to the strong statements made by Ms. Williams, manager of the Airport, regarding the need for the Text Amendments and the demand the Airport is trying to meet by streamlining the development of hangars, the director of the Redmond 10 Airport echoed those sentiments and provided testimony that the approach in the Text Amendments is consistent with airport regulations and operations around the country. No other participant in this proceeding provided evidence or argument that this administrative rule is not mandatory or that the Text Amendments are inconsistent with the rule's mandate. 660-013-0040, Aviation Facility Planning Requirements A local government shall adopt comprehensive plan and land use regulation requirements for each state or local aviation facility subject to the requirements of ORS 836.610(1). Planning requirements for airports identified in ORS 836.610(1) shall include: [various figures and be based on certain market information]. . FINDING: The Hearings Officer finds that this administrative rule imposes a mandatory requirement on the County to adopt land use regulations for the Airport subject to ORS 836.610(1). That statute and the Hearings Officer's finding on that statute are addressed above. Although the record indicates the County has adopted airport planning documents that contain the required figures, the City asserts that the figures are not current in that they do not illustrate hangars currently under development. The City states that it has provided forecast information to the County in the form of the most recently adopted, FAA -approved Airport Master Plan. No other participant in this proceeding provided evidence or argument that this administrative rule is not mandatory or that the Text Amendments are inconsistent with the rule's mandate. The Hearings Officer therefore finds the Text Amendments satisfy this rule's mandate and will better conform the County's Code to that mandate. 660-013-0050, Implementation of Local Airport Planning A local government with planning responsibility for one or more airports or areas within safety zones or compatibility zones described in this division or subject to requirements identified in ORS 836.608 shall adopt land use regulations to carry out the requirements of this division, or applicable requirements of ORS 836.608, consistent with the applicable elements of the adopted state ASP and applicable statewide planning requirements. FINDING: The Hearings Officer finds that this administrative rule imposes a mandatory requirement on the County to adopt land use regulations consistent with the applicable elements of the adopted state Aviation System Plan ("ASP") and applicable statewide planning requirements. The Applicant asserts that the Text Amendments, specifically the changes to DCC 18.80.032, are proposed to update the uses allowed in the safety zone, as required by this administrative rule. Other findings above address applicable statewide planning requirements, and the Hearings Officer has concluded the Text Amendments are consistent with those requirements. No other participant in this proceeding provided evidence or argument that this administrative rule is not mandatory or that the Text Amendments are inconsistent with the rule's mandate. The 11 Hearings Officer therefore finds the Text Amendments satisfy this rule's mandate and will better conform the County's Code to that mandate. 660-013-0070, Local Government Safety Zones for Imaginary Surfaces (1) A local government shall adopt an Airport Safety Overlay Zone to promote aviation safety by prohibiting structures, trees, and other objects of natural growth from penetrating airport imaginary surfaces. (2) For areas in the safety overlay zone, but outside the approach and transition surface, where the terrain is at higher elevations than the airport runway surface such that existing structures and planned development exceed the height requirements of this rule, a local government may authorize structures up to 35 feet in height. A local government may adopt other height exceptions or approve a height variance when supported by the airport sponsor, the Oregon Department of Aviation, and the FAA. FINDING: The Hearings Officer finds that this administrative rule imposes a mandatory requirement on the County to adopt an Airport Safety Overlay Zone. The Staff Report notes that the County's Zoning Map and the provisions of DCC 18.76 already incorporate the required safety zones for imaginary surfaces and that the Text Amendment do not alter that map or the associated safety provisions. The Applicant asserts that the Text Amendments propose to arnend the existing provisions only to update the description of uses in the protected areas, and that proposed development remains subject to FAA review for compliance with the currently -adopted Airport Layout Plan and airspace through the FAA 7460 review process. No other participant in this proceeding provided evidence or argument that this administrative rule is not mandatory or that the Text Amendments are inconsistent with the rule's mandate. The Hearings Officer therefore finds the Text Amendments satisfy this rule's mandate and will better conform the County's Code to that mandate as proposed by the Applicant. 660-013-0080, Local Government Land Use Compatibility Requirements for Public Use Airports (1) A local government shall adopt airport compatibility requirements for each public use airport identified in ORS 836.610(1). FINDING: The Hearings Officer finds that this administrative rule imposes a mandatory requirement on the County to adopt specific airport compatibility requirements for each public use airport. The Staff Report notes that the provisions of DCC 18.76 already incorporate the compatibility requirements required by this rule and that the Text Amendments do not alter those requirements. The Applicant asserts that the Text Amendments propose to amend the existing provisions only to update the description of uses allowed under the DCC. 12 No other participant in this proceeding provided evidence or argument that this administrative rule is not mandatory or that the Text Amendments are inconsistent with the rule's mandate. The Hearings Officer therefore finds the Text Amendments satisfy this rule's mandate and will better conform the County's Code to that mandate as proposed by the Applicant. 660-013-0100, Airport Uses at Non -Towered Airports Local government shall adopt land use regulations for areas within the airport boundary of non -towered airports identified in ORS 836.610(1) that authorize the following uses and activities: (1) Customary and usual aviation -related activities including but not limited to takeoffs, landings, aircraft hangars, tiedowns, construction and maintenance of airport facilities, fixed -base operator facilities, a residence for an airport caretaker or security officer, and other activities incidental to the normal operation of an airport. Residential, commercial, industrial, manufacturing,. and other uses, except as provided in this rule, are not customary and usual aviation -related activities and may only be authorized pursuant to OAR 660-013-0110. FINDINGS: The Hearings Officer finds that this administrative rule imposes a mandatory requirement on the County to adopt land use regulations authorizing the uses and activities specified in the rule. The applicant proposes to adopt the term "customary and usual aviation -related activities" to conform the DCC to this rule and to make that use an outright permitted use. The rule does not specify the extent to which each use gust be authorized. That is, the rule appears to provide the County with discretion to authorize such uses by right or subject to additional regulations. Other uses and activities specified in the rule will therefore remain authorized, but subject to Site Plan Review under DCC 18.124 and, where applicable, Conditional Use Permit approval under DCC 181.128. No other participant in this proceeding provided evidence or argument that this administrative rule is not mandatory or that the Text Amendments are inconsistent with the rule's mandate. The Hearings Officer therefore finds the Text Amendments satisfy this rule's mandate and will better conform the County's Code to that mandate as proposed by the Applicant. 13 V. CONCLUSION AND RECOMMENDATION Based on the Findings above, the Hearings Officer concludes that the Applicant's proposed amendments to Chapter 18.76, AD Zone, and Chapter 18.116, Supplementary Provisions of the Deschutes County Code comply with the County's provisions for amending the Code, and that they bring the County's land use regulations into further compliance with mandates imposed by state statutes and rules relating to planning for airports. The Hearings Officer therefore recommends that the Deschutes County Board of Commissioners adopt the amendments presented in Exhibit A by ordinance. Dated this 9th day of November 2020 Tommy A. Brooks Deschutes County Hearings Officer Attachment: Exhibit A — Text Amendments Exhibit B — Staff Report 14 TRACKED CHANGES FOR PROPOSED AIRPORT DEVELOPMENT ZONE TEXT AMENDMENT FILE NUMBER: 247-20-000482-TA APPLICANT: City of Bend — Bend Municipal Airport 63132 Powell Butte Road Bend, OR 97701 A. BASIS FOR CHANGE The following text amendments are proposed to allow for streamlined approval of hangar development projects and allow hangar development in all zones on the airport. The proposed text amendments are shown as si6keo tt for text to be removed, and underline for text to be added. These change include the suggestions provided with the Staff Report and changes resulting from the September 15, 2020, Public Hearing. B. PROPOSED TEXT AMENDMENTS Amend Section 18.116.030(E)(5) to: 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, &R&the La Pine UUC Business Park (LPBP) District, and -the La Pine UUC Industrial District (LPI), and the Airport Development (AD) Zone. but such space may be located within a required side or rear yard. Amend the following Sections of Chapter 18.76 to: 18.76.010. Purpose. The purpose of the Airport Development (AD) Zone is to allow for development compatible with ongoing airport use consistent with the most recently adopted Deschutes County '-ear -2000 Comprehensive Plan and the most recently approved44" Bend Airport Master Plan (ceded by a...200 _--,upp1nen1), while providing for public review of proposed development likely to have significant impact on surrounding lands. The AD Zone is composed of three separate zoning districts, each with its own set of allowed uses and distinct regulations, as further set forth in DCC 18.76. (Ord. 2003-036 §2, 2003; Ord. 91-020 § 1, 1991 18.76.015 Definitions. The following definitions applies only to Chapter 18.76. "Customary and usual aviation related activities" include but are not limited to takeoffs, landings, aircraft hangars tiedowns construction and maintenance of airport facilities fixed -base operator_ facilities, a residence for an airport caretaker or security officer, and other activities incidental to the normal operation of an airport Residential commercial industrial manufacturing, and other uses, except as provided in this EXHIBIT A - Decision Page 1 of 6 rule are not customary and usual aviation -related activities and may only be authorized pursuant to OAR 660-013-0110. "Fixed base operator or FBO" means a commercial business granted the right by the airport sponsor to operate on an airport and provide aeronautical services such as fueling hangaring tie -down and parking, aircraft rental aircraft maintenance flight instruction, etc. "Hangar" means an airport structure intended for the following uses; A. Storage of active aircraft. B. Shelter for maintenance repair, or refurbishment of aircraft but not the indefinite storage of non -operational aircraft. C. Construction of amateur -built or kit -built aircraft D. Storage of aircraft handling equipment e.g., tow bar, glider tow equipment workbenches, and tools and materials used to service maintain repair or outfit aircraft; items related to ancillary or incidental uses that do not affect the hangars' primary use. E. Storage of materials related to an aeronautical activitye balloon and skydiving equipment, office equipment teaching tools and materials related to ancillary or incidental uses that do not affect the hangars' primary use,.storage of non -aeronautical items that do not interfere with the primary aeronautical purpose of the hangar (for example televisions, furniture). F. A vehicle parked at the hangar while the aircraft usually stored in that hangar is flying, subject to local airport rules and regulations. hangar may include restrooms pilot lounge offices briefing rooms and crew quarters. 18.76.020. Standards in All Districts. A. Approval Required. Any use in an AOD, ASD, or ARID District shall be subject to DCC 18.124. 1 Hangars not associated with a commercial or industrial use are exempt from DCC 18.124. 2 Airfield improvements including but not limited to runways taxiways. taxilanes, aircraft parking aprons service roads navigational aids and runway and safety facilities required by the Federal Aviation Administration (FAA) are not subject to Counly review. B. Solar Setbacks. The setback from the north lot line shall meet the solar setback requirements of DCC 18.116.180. C. Building Code Setbacks. 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 Deschutes County under DCC 15.04 shall be met. D. Off -Street Parking and Loading. Off-street parking and loading shall be provided subject to the parking provisions of DCC 18.116. E. Outdoor Lighting. All outdoor lighting shall be installed in conformance with DCC 15.10. F. Excavation, Grading and Fill and Removal. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland shall be subject to DCC 18.120.050 and/or DCC 18.128.270. G. Signs. All signs shall be constructed in accordance with the provisions of DCC 15.08. EXHIBIT A - Decision Page 2 of 6 (3. 11. Notification Deschutes County shall provide notification of all land use applications in an AD zone to the airport manager owner's designee in accordance with the provisions of DCC Title 22. (Ord. 2003-036 §2, 2003) 18.76.030. Uses Permitted Outright. The following uses and their accessory uses are permitted outright in all of the Airport Districts: A. 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 18.1 16.230. B. Class III road or street project. C. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. D. Farm use as defined in DCC Title 18. E. Customary and usual aviation -related activities. E).F. Hangars are subject to the standards and criteria established by DCC 18.76.105. (0rd. 2003-036 §2, 2003; Ord. 2001-039 §10, 2001; Ord. 2001-016 §2, 2001; Ord. 93-043 §11, 1993; Ord. 91-020 § % 1991) 18.76.040. Conditional Uses. The following uses may be allowed in all of the Airport Districts subject to DCC 18.128. A. Farm accessory buildings and uses, excluding residential uses. B. Utility facility necessary for public service except landfills. C. 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/or DCC 18.128.270. (Ord. 2003-036 §2, 2003; Ord. 2001-039 §10, 2001; Ord. 2001-016 §2, 2001; Ord. 91-038 §1, 1991) 18.76.050. Use Limitations. The following limitations and standards shall apply to all permitted uses in the Airport Districts: A. The height of any plant growth or structure or part of a structure such as chimneys, towers, antennas, power lines, etc., shall not exceed 35 feet. B. In approach zones beyond the clear zone areas, no meeting place designed to accommodate more than 25 persons for public or private purposes shall be permitted. C. All parking demand created by any use permitted by DCC 18.76 shall be accommodated on the subject premises entirely off-street. D. No use permitted by DCC 18.76 shall require the backing of traffic onto a public or private street or road right of way. E. No power lines shall be located in clear zones. F. No use shall be allowed which is likely to attract a large quantity of birds, particularly birds which normally fly at high altitudes. (Ord. 2003-036 §2, 2003; Ord. 91-020 § 1, 1991) 18.76.060. Dimensional Standards. The following dimensional standards shall apply in the Airport Districts: A. The minimum lot size shall be determined subject to the provisions of DCC 18.76 relative to setback requirements, off-street parking and loading requirements, lot coverage limitations or as EXHIBIT A - Decision Page 3 of 6 deemed necessary by the Planning Director or Hearings Body to maintain air, land and water resource quality, protect adjoining and area land uses, and to ensure resource carrying capacities are not exceeded. B. An airport related use or structure located adjacent to or across the street from an existing residential use or platted residential lot shall not exceed 70 percent lot coverage and shall require off-street parking and loading areas. C. The minimum setback between any structure and an arterial or collector right of way shall be 50.1-0 feet. filet -The minimum setback between any structure and all local streets shall be 20 feet. D. The minimum setback between any structure and a property line adjoining a residential use or lot shall be 50 feet. E. The minimum lot frontage shall be 50 feet. F. The minimum side setback between any structure and a property line shall be three feet, and the minimum total of both side setbacks shall be 12 feet. G. The minimum rear setback between any structure and a rear property line shall be 5-0-20 feet. The minimum setback from internal airl2ort streets, access roads, and drives shall be 10 feet froiu the edge of pavement. (Ord. 2003-036 §2, 2003; Ord. 94-008 §24, 1994; Ord. 91-020 § 1, 1991) 18.76.070. Airfield Operations District (AOD). Uses Permitted Outright. The uses permitted outright are those listed under DCC 18.76.030.--T4+e Run ...,, (Ord. 2003-036 §2, 2003) 18.76.080. Aviation Support District (ASD). A. Uses Permitted Outright. The uses permitted outright are those listed under DCC 18.76.030fibiIewing use -and their aeee 0—Runway, to hangaFS, tie down areas and parking wilities. 1s.13.Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128 and a conditional use permit: 1. Restaurant, which may include a bar or cocktail lounge as an accessory use. One restaurant per airport. Restaurant, including any accessory use, to be 2,500 square feet or less in size. 2. Airport or aviation -related businesses that benefit from an on -airport location. (Ord. 2004-013 §8, 2004; Ord. 2003-036 §2, 2003) 18.76.090. Aviation -Related Industrial District (ARID). EXHIBIT A - Decision Page 4 of 6 Uses Permitted Outright. The uses and permitted outright are those listed under DCC 18.76.030. their aeeessa A. Runway, taxiw fi-I Pell st-f-rage and sales and . B. F_aeiiities appr-eved or- mandated by the FAA or Oregon Sta4e AeFellaatieS, Division* G. Related uses whieh are eustamafily Aing but net limited to hengafs- A. Airport or aviation -related commercial or industrial businesses that benefit from an on -airport location. (Ord. 2003-036 §2, 2003) 18.76.100. Design and Use Criteria. The following dimensional standards shall apply in the Airport Districts: The Planning Director or Hearings Body shall take into account the impact of any proposed conditional use within the AD Zone on nearby residential and commercial uses, and on the capacity of transportation and other public facilities and services. In approving a proposed conditional use, the Planning Director or Hearings Body shall find that: A. The proposed use is in compliance with the Comprehensive Plan, including the current version of the adopted Bend Airport Master Plan. B. The proposed use is in compliance with the intent and provisions of DCC Title 18. C. Any adverse social, economical, physical or environmental impacts are minimized. D. The proposed use is not sensitive to noise of the character anticipated by the current and expected noise level contours of the airport. i The proposed use is compatible with adjacent agricultural and residential uses. F. There are sufficient public facilities and services to support the proposed use. G. The location and site design of the proposed facility will not be hazardous to the safety and general welfare of surrounding properties, and that the location will not unnecessarily restrict existing and future development of surrounding lands as indicated in the Comprehensive Plan. H. The use shall make the most effective use reasonably possible of the site topography, existing landscaping and building placement so as to preserve existing trees and natural features, preserve vistas and other views from public ways, minimize visibility of parking, loading and storage areas from public ways and neighboring residential uses, and minimize intrusion into the character of existing developments and land uses in the immediate vicinity of the proposed use. (Ord. 2018-006 §9, 2018; Ord. 2003-036 §2, 2003; Ord. 91-020 §l, 1991) 18.76. 105. Hang-ars. A. Review Process. f Hangars as defined in section 18 76 015 shall be processed as..a development action pursuant to DCC 22.16 and are not subject to DCC 18.124. 2 Hangarsintended to support fixed based operators flight schools, paint shops, a nd other commercial and industrial uses are subject to DCC 18.124. B. Hangar Approval Criteria. 1 The location and height of proposed structures must be clear of FAA protected surfaces inchidini runway safety area runway protection zone runway object free area, taxiway/taxilane object free EXHIBIT A - Decision Page 5 of 6 area FAA Part 77 surfaces FAA TERPS surfaces and other clear areas identified on the currently adopted Airport Layout Plan. 2 No above -ground utility installations shall be allowed 3 All exterior lighting shall be shielded so that direct light does not project off -site pursuant to DCC 15.10. 4. Parking Requirement. a Hangars under 10,000 square feet of floor space are not subject to the parking requirement under DCC 18.116.030(8). b Hangars greater than or equal to 10,000 square feet of floor space are subject to the parking requirement under DCC 18 1 16 030(8) This required vehicle parking can be accommodated inside the hangar. 18.76. 110. Additional Requirements. As a condition of approval for any conditional use proposed within the AD Zone, the Planning Director or Hearings Body may require: A. An increase in required setbacks. B. Additional off-street parking and loading facilities and building standards. C. Limitations on signs or lighting, hours of operation, points of ingress and egress and building heights. D. Additional landscaping, screening and other improvements. E. Glare -resistant materials in construction or other methods likely to reduce operating hazards. F. Other conditions considered necessary to achieve compliance and policies of the Comprehensive Plan. (Ord. 2003-036 §2, 2003; Ord. 91-020 § 1, 1991; Ord. 80-221 § 1, 1980) EXHIBIT A - Decision Page 6 of 6 EXHIBIT B ............... FILE NUMBER: STAFF REPORT AIRPORT DEVELOPMENT ZONE TEXT AMENDMENT 247-20-000482-TA SUBJECT PROPERTY: The Airport Development ("AD") Zone, as illustrated in the attached Exhibit A, encompasses the Bend Municipal Airport ("Airport"), which includes the following addresses and tax lots: 1. 63066 Powell Butte Highway; tax lot 200 on Assessor map 17-13-20; 2. 63110 Powell Butte Highway; tax lot 201 on Assessor map 17-13-20; 3. 63290 Powell Butte Highway; tax lot 100 on Assessor map 17-13-17C; 4. 63300 Powell Butte Highway; tax lot 200 on Assessor map 17-13-17; 5. 22550 Nelson Place; tax lot 202 on Assessor map 17-13-20. APPLICANT/OWNER: City of Bend ("City') STAFF CONTACT: Anthony Raguine, Senior Planner anthony.raguine@deschutes.org (541) 617-4739 DOCUMENTS: Can be viewed and downloaded from: www.buildingpermits.oregon.gov — search by file number, and http://dial.deschutes.grg - search by account number 15174 I. REQUEST Amendments to Deschutes County Code (DCC) Chapter 18.76, AD Zone, and Chapter 18.116, Supplementary Provisions, as detailed below. The purpose of the DCC 18.76 amendments is to: 1. Streamline county review of personal use hangars; 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q1 (541) 388-6575 @ cdd@deschutes.org @ www.deschutetypff6IT B - Decision Page 1 of 21 2. Revise outright permitted uses to include 'customary and usual aviation -related activities'; 3. Adopt Oregon Administrative Rule ("OAR") definition of 'customary and usual aviation - related activities';' 4. Adopt Federal Aviation Administration (FAA) definitions of 'fixed based operator" and 'hangar';3 5. Reduce the arterial roadway (Powell Butte Highway) front yard setback from 100 feet to 50 feet; and 6. Reduce the rear yard setback from 50 feet to 20 feet. The purpose of the DCC 18.116.030(E)(5) amendment is to allow parking in the front yard for uses in the AD Zone. II. BACKGROUND The primary intent of any zoning ordinance is to serve as the regulatory tool required to implement the vision, goals, and objectives laid out within the governing comprehensive plan. The 2012 Bend Airport Master Plan ("Master Plan") was never formally adopted as part of the Deschutes County Comprehensive Plan. However, this FAA -approved Master Plan has still served as the guiding document for development at the Airport due to federal grant obligations. The City states that recent attempts to develop aviation related activities at the Bend Municipal Airport have identified a division between the Deschutes County zoning ordinance and the planned development depicted in the Master Plan during several attempts to develop aviation related facilities that would otherwise be approved by the FAA. For this reason, the applicant perceives the AD Zone, which identifies three distinct aviation related development sub -districts, as a hindrance to implementing aviation related development at the airport. In support of this argument, the applicant notes that modern planning practitioners have suggested the proliferation of zoning districts is a common problem within conventional zoning. "As the number of districts grows, it becomes harder to distinguish among them; as the distinctions become less clear, the purpose of any given district becomes blurred, and the formal distinctions become less defensible" (Levy, John M, Contemporary Urban Planning, 10th Edition, 2016). Levy goes on to say that: "...an increase in the number of districts results in fewer uses being permitted in any single district. This decreases the likelihood that an available site will be properly zoned to meet a developer's needs. This, in turn, increases the probability that a zoning amendment will be sought." ' Reference OAR 660-013-0100 2 Reference FAA Circular 150/5190-7 3 Reference FAA website https•//www fag gov/airports/ai_rport compliance/hangar use/#a1 EXHIBIT B - D cis' n 247-20-000482-TA Page aq? V 21 To alleviate this issue and standardize outright permitted uses in the AD Zone, the applicant proposes amendments which will include adoption of definitions from the OAR and from FAA documents. Finally, the applicant notes recent challenges with obtaining development approval of aviation related uses on the Airport. It is staff's understanding the challenges are most acute for proposed personal use hangars which, under the current code, require Site Plan Review pursuant to DCC 18.124. To alleviate this issue, the City proposes a streamlined review process for personal use hangars. In sum, the City is requesting Deschutes County adopt the proposed zoning text amendments to ensure development -ready projects consistent with the language of the text amendment are processed efficiently. III. AMENDMENTS The proposed amendments are shown as stFikeewt for text to be removed, and underline for text to be added. Chapter 18.76, Airport Development Zone Section 18.76.010. Purpose. The purpose of the Airport Development (AD) Zone is to allow for development compatible with ongoing airport use consistent with the most ost recently adopted Deschutes County Year 2-988 Comprehensive Plan and the most recently approved 4394 Bend Airport Master Plan d b a 7007supplement) while providing for public review of proposed development likely to have significant impact on surrounding lands. The AD Zone is composed of three separate zoning districts, each with its own set of allowed uses and distinct regulations, as further set forth in DCC 18.76. (Ord. 2020-xxx; Ord. 2003-036 §2, 2003; Ord. 91-020 §1, 1991) STAFF COMMENT: Staff suggests striking the word 'Year' from the text as a minor adjustment to the applicant's proposed language. With this adjustment, the first sentence of the Purpose statement would read, The purpose of the Airport Development (AD) Zone is to allow for development compatible with ongoing airport use consistent with the most recentlyadopted Deschutes County Year200Q Comprehensive Plan and the most recently approved 4494 Bend Airport Master Plan , while providing for public review of proposed development likely to have significant impact on surrounding lands. New Section 18.76.01 S. Definitions. 18.76.015. Definitions. The following definitions apply only to Chapter 18.76. EXHIBIT B - D cisi n 247-20-000482-TA Page lad ��f 21 "Customary and usual aviation -related activities" include, but are not limited to, takeoffs, landings aircraft hangars tiedowns construction and maintenance of airport facilities, fixed base operator facilities a residence for an airport caretaker or security officer, and other activities incidental to the normal operation of an airport Residential, commercial, industrial manufacturing, and other uses except as provided in this rule, are not customary and usual aviation -related activities and may only be authorized pursuant to OAR 660-013-0110. "Fixed base operator. or FBO" means a commercial business granted the right by the airport sponsor to operate on an airport and provide aeronautical services such as fueling, hangaring tie -down and parking aircraft rental aircraft maintenance flight instruction, etc. "Hangar" means an airport structure intended for the following uses: A Storage of active aircraft. B. Shelter for maintenance repair, or refurbishment of aircraft but not the indefinite storage of non -operational aircraft. C. Construction of amateur -built or kit -built aircraft D. Storage of aircraft handling equipment e.g., tow bar, glider tow equipment, workbenches and tools and materials used to service maintain repair or outfit aircraft; items related to ancillary or incidental uses that do not affect the hangars' primary use. E. Storage of materials related to an aeronautical activity, e.g., balloon and skydiving equipment office equipment teaching tools, and materials related to ancillary or incidental uses that do not affect the hangars' primary use; storage of non - aeronautical items that do not interfere with the primary aeronautical purpose of the hangar (for example televisions, furniture). F. A vehicle parked at the hangar while the aircraft usually stored in that hangar is Bing, subject to local airport rules and regulations. G. A hangar may include restrooms pilot lounge offices briefing rooms and crew quarters Any commercial or industrial use in a hangar requires additional land use review. (Ord. 2020-xxx) Section 18.78.020. Standards in All Districts. A. Approval Required. Any use in an AOD, ASD, or ARID District shall be subject to DCC 18.124. 1 Hangars not associated with a commercial or industrial use are exempt from DCC 18.124. 2 Airfield improvements including but not limited to runways, taxiways, taxilanes aircraft parking aprons service roads navigational aids, and runway and safety facilities required by the Federal Aviation Administration (FAA) are not subject to County review. H. Notification Deschutes County shall provide notification of all land use EXHIBIT B - D cjsi n 247-20-000482-TA Page 4a8y ff 21 applications in an AD zone to the airport manager owner's designee in accordance with the provisions of DCC Title 22. (Ord. 2020-xxx; Ord. 2003-036 §2, 2003) Section 18.76.030. Uses Permitted Outright. The following uses and their accessory uses are permitted outright in all of the Airport Districts: E. Customary and usual aviation -related activities. F. Hangars are subject to the standards and criteria established by DCC 18.76.105.. (Ord. 2020-xxx; Ord. 2003-036 §2, 2003; Ord. 2001-039 §10, 2001; Ord. 2001-016 §2, 2001; Ord. 93-043 §11, 1993; Ord. 91-020 §1, 1991) Section 18.76.060. Dimensional Standards. The following dimensional standards shall apply in the Airport Districts: C. The minimum setback between any structure and an arterial or collector right of way shall be 504-89 feet. Thin mini.midm setba&between + UEWFe an a llecteF right ef way shall be 500 The minimum setback between any structure and all local streets shall be 20 feet. G. The minimum rear setback between any structure and a rear property line shall be -50-20 feet. H. The minimum setback from internal airport streets access roads, and drives shall be 10 feet from the edge of pavement. (Ord. 2020-xxx; Ord. 2003-036 §2, 2003; Ord. 94-008 §24, 1994; Ord. 91-020 §1, 1991) STAFF COMMENT: The Road Department does not object to the amended minimum setbacks. Section 18.76.070. Airfield Operations District (AOD). Uses Permitted Outright. The uses permitted outright are those listed under DCC 18.76.030. The f9lleWiRg uses and the*, - -------- , uses aFe permitted eutrig repair.A. Runway, taxiway, service read, fuel steFage and sales and emeFgeRey (Ord. 2020-xxx; Ord. 2003-036 §2, 2003) Section 18.76.080. Aviation Support District (ASD). A. Uses Permitted Outright. The uses permitted outright are those listed under DCC 18.76.030. i RwRway, taxiway, SeP.'iEe read, fuel sterage and sales and eppeFgeRGY r EXHIBIT B - DacisiQn 247-20-000482-TA Page 58f 2ff 21 3. Related sec h'Eh re EwsternaFily pp r+ Ran+ to airports, ini-Iidinry h+ e+ limited +e haRga ../ tie den area, , nd narking facilities B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128 and a conditional use permit: 1. Restaurant, which may include a bar or cocktail lounge as an accessory use. One restaurant per airport. Restaurant, including any accessory use, to be 2,500 square feet or less in size. 2. Airport or aviation -related businesses that benefit from an on -airport location. (Ord. 2020-xxx; Ord. 2004-013 §8, 2004; Ord. 2003-036 §2, 2003) Section 18.876.090. Aviation -Related Industrial District (ARID) Uses Permitted Outright. The uses permitted outright are those listed under DCC 18.76.030. The f Ile •ng c d +heiuses are normi++ed eu+righ+A. • / taxiw . limited to haRgaFS, tie down aFeas and parking fadli DA. Airport or aviation -related commercial or industrial businesses that benefit from an on -airport location. (Ord. 2020-xxx; Ord. 2003-036 §2, 2003) New Section 18.76.105. Hangars 18.76. 105. Hangars. A. Review Process. 1 Hangars as defined in section 18 04 030 shall be processed as a development action pursuant to DCC 22.16 and are not subject to DCC 18.124. 2 Hangars intended to support fixed based operators, flight schools, paint shops and other commercial and industrial uses are subject to DCC 18.124. B. Hangar Approval Criteria. 1 The location and height of proposed structures must be clear of FAA protected surfaces including runway safes area runway protection zone, runway object free area taxiway/taxilane object free area, FAA Part 77 surfaces FAA TERPS surfaces and other clear areas identified on the currently adopted Airport Layout Plan. 2 No above ground utility installations shall be allowed 3 All exterior lighting shall be shielded so that direct light does not project off site pursuant to DCC 15.10. 4. Parking Requirement. a Hangars under 10,000 square feet of floor space are not subject to the parking requirement under DCC 18.116.030(8)0 247-20-000482-TA EXHIBIT B - D cisip Page t - 2�f 21 b Hangars greater than or equal to 10,000 square feet of floor space are subject to the parking requirement under DCC 18.116.030(8). This required vehicle parking can be accommodated inside the hangar. Chapter 18.116, Supplementary Provisions Section 18.116.030. Off -Street Parking and Loading. E. General Provisions. Off -Street Parking. 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, a444 the La Pine UUC Industrial District (LPI), and the Airport Development (AD) Zone, but such space may be located within a required side or rear yard. STAFF COMMENT: Staff suggests striking the word 'and' before the phrase 'the La Pine UUC Business Park (LPBP) District.' With this minor adjustment, the language would read, E. General Provisions. Off -Street Parking. 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, an4 the La Pine UUC Business Park (LPBP) District, a-R4 the La Pine UUC Industrial District (LPI), and the Airport Development (AD) Zone, but such space may be located within a required side or rear yard. IV. REVIEW PROCESS Chapter 18.136, Amendments Section 18.136.010. Amendments. DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or legislative map changes shall be as set forth in DCC 22.12. A request by a property owner for a quasi judicial map amendment shall be accomplished by filing an application on forms provided by the Planning Department and shall be subject to applicable procedures of DCC Title 22. FINDING: As noted by the above criteria, the procedures for a text change, more commonly referred to as a text amendment, are set forth in DCC 22.12, Legislative Procedures. Deschutes County Code 22.04.020 includes the following definition, 247-20-000482-TA EXHIBIT B - D asip Page � �f 21 "Legislative changes generally involve broad public policy decisions that apply to other than an individual property owner. These include, without limitation, amendments to the text of the comprehensive plans, zoning ordinances, or the subdivision or partition ordinance and changes in zoning maps not directed at a small number of property owners." (emphasis added) Pursuant to this definition, policy decisions and zoning text amendments which apply to a single property owner are not considered legislative changes. For this reason, staff finds the proposal by the City, which is the sole owner of the Airport, is not a legislative change. Given this finding, staff looks at whether the proposal is appropriately processed as a quasi-judicial matter. Deschutes County Code 22.04.020 provides the following definition of 'quasi-judicial', "Quasi judicial" zone change or plan amendment generally refers to a plan amendment or zone change affecting a single or limited group of property owners and that involves the application of existing policy to a specific factual setting. (The distinction between legislative and quasi judicial changes must ultimately be made on a case by case basis with reference to case law on the subject.) Staff notes the DCC does not define 'text amendment.' For this reason, staff finds a text amendment that does not fall within the definition of 'legislative changes' can be considered a 'quasi-judicial plan amendment' based on the facts of the case and reference to appropriate case law. With respect to appropriate case law, staff cites to Heitsch v. City of Salem, 65 Or LUBA 187 (2012), which addresses the question of whether an inquiry is quasi-judicial or legislative. "The Oregon Supreme Court decision that set out the inquiry that is currently applied to determine whether a decision is properly viewed as quasi-judicial (an adjudication) or legislative is Strawberry Hill 4 Wheelers v. Benton Co. Bd. of Comm., 287 Or 591, 601 P2d 769 (1979). That inquiry, as described by the Oregon Supreme Court, is set out below: "Generally, to characterize a process as adjudication presupposes that the process is bound to result in a decision and that the decision is bound to apply preexisting criteria to concrete facts. The latter test alone [applying preexisting criteria to concrete facts] proves too much; there are many laws that authorize the pursuit of one or more objectives stated in general terms without turning the choice of action into an adjudication. Thus a further consideration has been whether the action, even when the governing criteria leave much room for policy discretion, is directed at a closely circumscribed factual situation or a relatively small number of persons. The coincidence both of this factor and of preexisting criteria of judgment has led the court to conclude that some land use laws and similar laws imply quasijudicial procedures for certain local government decisions." Id. At 602-03." As recognized by the courts, the Strawberry Hill decision sets out the three Strawberry Hill factors 247-20-000482-TA EXHIBIT B - D cisi n Page 1a�f�f 21 which must be considered: 1. Is the inquiry bound to result in a decision? 2. Are there preexisting criteria that are applied to concrete facts? 3. Is the inquiry directed at a closely circumscribed factual situation or a relatively small number of persons? Below, staff addresses each of the Strawberry Hill factors. Bound to result in a decision The City is the applicant for the proposed text amendment. Per the Procedures Ordinance, regardless of whether the application is processed as a quasi-judicial text amendment or a legislative text amendment, the Board of County Commissioners ("Board") would be the decision - making body. Unless the application is withdrawn the by the applicant, the Board would be bound to make a decision on the proposal. Consequently, staff finds that under this Strawberry Hill factor, the proposal would be considered quasi-judicial. Preexisting criteria Unlike a proposal to rezone a property, Chapter 18.36, Amendments, does not include specific approval criteria for text amendments. For this reason, staff finds that under this Strawberry Hill factor, the proposal would be considered legislative in the context of the DCC. However, staff notes there are specific provisions of the OAR which do provide approval criteria for amendments to airport -related ordinances. For this reason, staff finds that under this Strawberry Hill factor, the proposal would be considered quasi-judicial in the context of the OAR. Small number of persons As noted above, the City is the sole owner of the Airport. Further, because the AD Zone only affects the Airport property, the proposed text amendment only affects the City of Bend. Consequently, staff finds that under this Strawberry Hill factor, the proposal would be considered quasi-judicial. With respect to how the Strawberry Hill factors should be considered when determining whether an action is legislative or quasi-judicial, Staff cites further to Heitsch v. City of Salem, detailed below. "Those three general criteria do not, however, describe a bright -line test. As we noted in Estate of Gold v. City of Portland, 87 Or App 45, 51, 740 P2d 812, rev den, 304 Or 405 (1987), Strawberry Hill 4 Wheelers 'contemplates a balancing of the various factors which militate for or against a quasi-judicial characterization and does not create [an] 'all or nothing' test[.]' (Citation omitted.) In particular, we noted that the criteria are applied in light of the reasons for their existence --viz., 'the assurance of correct factual decisions' and 'the assurance of fair attention to individuals particularly affected.' Estate of Gold, 87 Or App at 247-20-000482-TA EXHIBIT B - D a isi of 21 Page t - f 51, (quoting Strawberry Hill 4 Wheelers, 287 Or at 604)." Inconsideration of the Strawberry Hill factors as a whole, staff finds the proposed text amendment is most appropriately viewed as a quasi-judicial plan amendment. Consequently, staff finds the proposed text amendment should be processed pursuant to DCC 22.20, Review of Land Use Action Applications, DCC 22.24, Land Use Action Hearings and DCC 22.28.030, Land Use Action Decisions. With regard to 'the assurance of fair attention to individuals particularly affected', notice of the public hearing was published in the Bend Bulletin and mailed to all owners of property within 250 feet of the AD Zone and the Airport boundaries. Chapter 22.28, Land Use Action Decisions Section 22.28.030. Decision on Plan Amendments and Zone Changes A. Except as set forth herein, the Hearings Officer or the Planning Commission when acting as the Hearings Body shall have authority to make decisions on all quasi judicial zone changes and plan amendments. Prior to becoming effective, all quasi judicial plan amendments and zone changes shall be adopted by the Board of County Commissioners. B. In considering all quasi judicial zone changes and those quasi judicial plan amendments on which the Hearings Officer has authority to make a decision, the Board of County Commissioners shall, in the absence of an appeal or review initiated by the Board, adopt the Hearings Officer's decision. No argument or further testimony will be taken by the Board. C. Plan amendments and zone changes requiring an exception to the goals or concerning lands designated for forest or agricultural use shall be heard de novo before the Board of County Commissioners without the necessity of filing an appeal, regardless of the determination of the Hearings Officer or Planning Commission. Such hearing before the Board shall otherwise be subject to the same procedures as an appeal to the Board under DCC Title 22. FINDING: As discussed in detail above, staff finds the proposal is most appropriately viewed as a quasi-judicial plan amendment. The amendments do not require a goal exception and do not include lands designated for forest or agricultural use. For these reasons, staff finds the Hearings Officer's decision shall be adopted by the Board unless appealed or the Board initiates review. V. DESCHUTES COUNTY COMPREHENSIVE PLAN FINDING: The Deschutes County Comprehensive Plan includes a Transportation System Plan ("TSP"). The TSP includes an Airport Plan with an associated Goal and Policies.' The Goal and Policies are codified into the DCC, specifically Chapter 18.76. No mandatory approval criteria exist within the Goal and Policies of the Airport Plan. 4 Goal 16 and Policies 16.1 and 16.2 of the TSP. 247-20-000482-TA EXHIBIT B -Winnf 21 Pagec� VI. STATEWIDE PLANNING GOALS Goal 1: Citizen Involvement. To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. FINDING: The applicant's burden of proof ("BoP") provides the following proposed findings. "These amendments are being adopted by a process that provides the opportunity for citizen involvement by including public hearings before adoption. The County will hold public hearings before its Planning Commission and Board of Commissioners before any amendment is adopted." With the exception of the reference to the Planning Commission, staff agrees with the applicant's findings. Goal 2: Land Use Planning. To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions. FINDING: The proposed amendments are being reviewed through the county's the land use planning process. Compliance with applicable local codes and policies, as well as statutes, rules and Goals, are addressed in this staff report. The amendments will provide guidelines for future land use decisions at the Airport. Starr' rinds Goal 2 will be met. Goal 3: Agricultural Lands. To preserve and maintain agricultural lands. FINDING: The area subject to the AD Zone is exception land. Therefore, Goal 3 does not apply. Goal 4: Forest Lands. To conserve forest lands by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. FINDING: The area subject to the AD Zone is exception land. Therefore, Goal 4 does not apply. Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces. To protect natural resources and conserve scenic and historic areas and open spaces. FINDING: The proposed amendments do not affect any inventoried Goal 5 natural resources, scenic or historic area or open space. Further, the amendments do not affect any Combining Zones which seek to identify and protect natural, scenic, historic, open space, or surface mining resources. Goal 6: Air, Water and Land Resources Quality. To maintain and improve the quality of the EXHIBIT B - %'s n 247-20-000482-TA Pageofl� f 21 air, water and land resources of the state. FINDING: The applicant provides the following proposed findings, "Goal 6 is primarily concerned with the preservation of air, land and water resources from pollution. The amendments to Deschutes County Code Chapter 18.76 will allow industrial and commercial uses outright in some areas where they are currently conditional uses. Because those uses can currently be permitted as conditional uses, the amendments are unlikely to have any effect on what development occurs at the airport. At most, the amendments will affect where within the airport certain types of development will occur. The amendments are consistent with Goal 6 because they do not allow any additional impact on air, water or land quality compared to what is allowed under current zoning." Staff agrees with the applicant's findings. Goal 7: Areas Subject to Natural Hazards. To protect people and property from natural hazards. FINDING: The most likely natural hazard which could adversely affect the Airport is wildfire. Given the existing uses at the Airport, staff finds the proposed amendments will not significantly exacerbate the wildfire risk to the property. Further, the Airport is within the service boundary of the Bend Rural Fire Protection District. For these reasons, staff finds the Airport would not be subject to a substantial increase to wildfire risk nor significantly increase the risk of wildfire ignition. Goal 8: Recreational Needs. To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. FINDING: The applicant provides the following proposed findings. "The Bend Municipal Airport is used for the following types of recreational activities: 1. Recreational aviation (both flying for enjoyment and flying to and/or from recreational destinations). 2. Gliding. 3. Hobby construction of aircraft. Aircraft used for recreational purposes are manufactured, maintained and repaired at the Bend Municipal Airport. By allowing the airport to continue to provide these recreational opportunities and by increasing the possibility of aircraft manufacture, the proposed amendments further Goal 8." Staff agrees with the applicant's findings. EXHIBIT B - �of 21 247-20-000482-TA Page �Ye's of � Goal 9: Economic Development. To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. FINDING: The applicant provides the following proposed findings. "The amendments will allow the Bend Municipal Airport to continue to provide a variety of economic activities and remove limitations on aviation related development in some zones. Economic activities at the airport include aircraft manufacturing, aircraft maintenance and repair, aircraft leasing and chartering, flight schools, fuel sales and other aviation -related economic activities." Staff agrees with the applicant's findings. Goal 10: Housing. To provide for the housing needs of citizens of the state. FINDING: The applicant provides the following proposed findings. "The Bend Municipal Airport is subject to federal grant restrictions which do not permit residential use at the airport. Goal 10 is therefore not applicable to this application." Staff agrees with the applicant's findings. Goal 11: Public Facilities and Services. To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. FINDING: The applicant provides the following proposed findings. "The Bend Municipal Airport is already served by a private water utility and sewer and water from the City of Bend, through the City's Public Facility Plan. The proposed amendments do not include any amendments that would affect the Airport's existing water and sewer service. The proposed changes are therefore consistent with Goal 11." Staff agrees with the applicant's findings and further finds the amendments would not allow the extension or creation of public facilities and services beyond the boundaries of the Airport. Goal 12: Transportation. To provide and encourage a safe, convenient and economic transportation system. FINDING: The applicant provides the following proposed findings. "Please refer to Appendix 3 — Transight Consulting Memorandum "Bend Municipal Airport Rezone," dated May 28, 2020. The Bend Municipal Airport is part of the County's multi - modal transportation system. Planning for airport development is part of what makes the system safe, convenient and economic. All uses proposed for the Airport are already EXHIBIT B -�Ye's� of 21 247-20-000482-TA Pagof 3f allowed either outright or conditionally. However, as part of this proposed text amendment, a memorandum was prepared to assess Transportation Planning Rule compliance under 660-012-060. This memorandum, dated May 28, 2020, and prepared by Transight Consulting, LLC, concluded , the goals and policies within the aviation section of the County Transportation System Plan and federal requirements related to runway and taxiway protection would substantially limit any development within the Airport Operations District. The net impact of the proposed text amendment would allow up to seven additional private aircraft hangars (up to nine aircraft) on the west side of the runway. This would not result in a significant impact to the transportation system. The application is consistent with Goal 12." The County's Senior Transportation Planner, Peter Russell, submitted the following response, "I have reviewed the transmittal materials of File 247-20-00482-TA by the City of Bend to amend Deschutes County Code (DCC) 18.76, Airport Development (AD) zone and Chapter 18.116, Supplementary Provisions. Included in the application materials was a May 28, 2020, traffic analysis of the potential effects of allowing aircraft hangars in the Airport Operations District (AOD) as currently that zone only allows runways, taxiways, and navigation equipment. I agree with the report's methodologies and conclusions that the adding hangars to the AOD would result in five (5) additional p.m. peak hour trips being generated by the Bend Airport. While the study does not have a Level of Service (LOS) analysis of the affected intersections on either the west or east side of the Bend Airport for both current and post - amendment operations, staff finds the result of five (5) additional p.m. peak hour trips would be de minimis for two reasons. One, the County already has a planned roundabout at the intersection of Powell Butte Highway/Butler Market road in the Transportation System Plan (TSP). Two, the average daily traffic (ADT) volumes on Nelson Road and McGrath Road along the east side of the airport are 433 ADT (2019) and 1,001 ADT (2019), respectively. The County in the TSP allows 9,600 ADT as acceptable. Thus from a TPR standpoint, allowing hangars as an outright permitted use would have no significant effect and would comply with the TPR at 660-012-0060. Staff does note the application does change the text for uses allowed outright in DCC 18.76.070 (AOD) by adding "customary and usual aviation -related activities" which will add "fixed -base operator facilities." Elsewhere in changes proposed for 18.76.015 (Definitions) "fixed -based operator" is defined as a "...commercial business granted the right by the airport sponsor to operate on an airport and provide aeronautical services such as fueling, hangaring, tie -down and parking, aircraft rental, aircraft maintenance, flight instruction, etc." The "customary and usual aviation -related activities language would be added to DCC 18.76.080 Aviation Support District (ASD) and DCC 18.76.090 Aviation -Related Industrial District (ARID). The traffic study does not discus or analyze the effect of allowing those listed uses as outright permitted uses in the,AOD, ASD, and ARID. From a trip generation standpoint, staff's main concern is with flight instruction. Does that mean one- on-one instruction or a flight school with 500 students driving to the Bend Airport? Staff would request the City provide more information on this topic of flight instruction EXHIBIT B - Liege �Qnf 21 247-20-000482-TA Page of and update the traffic study to include a reasonable worst -case analysis regarding flight instruction and trip generation. One could argue flight instruction is a related use customarily appurtenant to an airport and thus is already allowed outright via 18.76.080(A)(3) in the ASD and 18.76.090(C) in the ARID zone, but clearly flight instruction is currently not allowed in 18.76.070(B) in the AOD." Based on this response, it is unclear to staff if the proposal complies with Goal 12 and the Transportation Planning Rule requirements. Staff asks the applicant to provide additional information and for the Hearings Officer to determine whether the proposal complies with Goal 12. Goal 13: Energy Conservation. To conserve energy. FINDING: Per the Department of Land Conservation and Development's webpages for Goal 13, "Goal 13 encourages communities to look within existing urban neighborhoods for areas of potential redevelopment before looking to expand, to'recycle and re -use vacant land."' Staff finds the proposed amendments will allow the Airport to more efficiently utilize land within its boundaries rather than expand the Airport to accommodate additional uses. Staff notes the proposed amendments do not preclude any future expansion of the Airport's boundaries or allowed uses. Staff finds the proposed amendments are consistent with Goal 13. Goal 14: Urbanization. To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. FINDING: Goal 14 is not applicable because the Airport is outside of any urban growth boundary. As noted above, it is on exception land. Goals 15 —19. Willamette River Greenway; Estuarine Resources; Coastal Shorelands; Beaches and Dunes; Ocean Resources FINDING: The Airport is not within or adjacent to the Willamette River Greenway, estuaries, beaches, dunes or the Pacific Ocean. For this reason, these Goals do not apply. VII. OREGON REVISED STATUTES 836.610, Local government land use plans and regulations to accommodate airport zones and uses; funding; rules. (1) Local governments shall amend their comprehensive plan and land use regulations consistent with the rules for airports adopted by the Land Conservation and Development 5 https://www oregon gov/Icd/OP/Pages/Goal-1 laspx EXHIBIT B - %e's �of 21247-20-000482-TA PageOf Commission under ORS 836.616 and 836.619. Airports subject to the rules shall include: (a) Publicly owned airports registered, licensed or otherwise recognized by the Department of Transportation on or before December 31, 1994, that in 1994 were the base for three or more aircraft; FINDING: The Bend Municipal Airport is a publicly owned airport recognized by the Oregon Department of Aviation ("ODA"). Therefore, ORS 836.616 and 836.619 apply, and are addressed below. (3) The Oregon Department of Aviation by rule shall adopt a list of airports described in subsection (1) of this section. The rules shall be reviewed and updated periodically to add or remove airports from the list. An airport may be removed from the list only upon request of the airport owner or upon closure of the airport for a period of more than three years. FINDING: The Bend Municipal Airport is listed with the ODA as a publicly owned airport and is on the Oregon Aviation State System Plan. 836.616, Rules for airport uses and activities. (1) Following consultation with the Oregon Department of Aviation, the Land Conservation and Development Commission shall adopt rules for uses and activities allowed within the boundaries of airports identified in ORS 836.610 (1) and airports described in ORS 836.608 (2) (2) Within airport boundaries established pursuant to commission rules, local government land use regulations shall authorize the following uses and activities: (a) Customary and usual aviation -related activities including but not limited to takeoffs, landings, aircraft hangars, tie -downs, construction and maintenance of airport facilities, fixed -base operator facilities and other activities incidental to the normal operation of an airport; (b) Emergency medical flight services; (c) Law enforcement and firefighting activities; (d) Flight instruction; (e) Aircraft service, maintenance and training; (f) Crop dusting and other agricultural activities; (g) Air passenger and air freight services at levels consistent with the classification and needs identified in the State Aviation System Plan; (h) Aircraft rental; (i) Aircraft sales and sale of aviation equipment and supplies; and 0) Aviation recreational and sporting activities. FINDING: The applicant proposes to adopt the term 'customary and usual aviation -related activities', as defined in subsection (a). The purpose of this adoption is to standardize outright permitted uses in the AD Zone. Staff notes the definition of customary and usual aviation -related activities includes fixed -based operator facilities. As part of the amendments, the applicant also proposes the following definition of fixed based operator, EXHIBIT B - %gC's �Qf 21o247-20-000482-TA Page of 2 "Fixed -base operator or FBO" means a commercial business granted the right by the airport sponsor to operate on an airport and provide aeronautical services such as fueling, hangaring, tie -down and parking, aircraft rental, aircraft maintenance, flight instruction, etc." Based on this definition, staff notes that FBOs could include uses which are listed in subsections (b) through 0). At this time, the applicant does not propose to amend the AD Zone to specifically allow the uses listed under subsections (b) through 0) as outright permitted uses. For this reason, and in the context of the proposed text amendment, staff finds that FBOs would have the following characteristics: 1) Commercial business; 2) Granted a right by the Airport to operate on the Airport; 3) Provides aeronautical services; and 4) Is not an ORS 836.616(2)(b j) use. Pursuant to the AD Zone, the uses listed under subsection (b) through 0) will continue to be subject to Site Plan Review under DCC 18.124 and, where applicable, Conditional Use Permit approval under DCC 18.128. 836.619, State compatibility and safety standards for land uses near airports; rules. Following consultation with the Oregon Department of Aviation, the Land Conservation and Development Commission shall adopt rules establishing compatibility and safety standards for uses of land near airports identified in ORS 836.610 (1). FINDING: Applicable Oregon Administrative Rules are addressed below. Vill. OREGON ADMINISTRATIVE RULES 660-013-0030, Preparation and Coordination of Aviation Plans (2) A city or county with planning authority for one or more airports, or areas within safety zones or compatibility zones described in this division, shall adopt comprehensive plan and land use regulations for airports consistent with the requirements of this division and ORS 836.600 through 836.630. Local comprehensive plan and land use regulation requirements shall be coordinated with acknowledged transportation system plans for the city, county, and Metropolitan Planning Organization (MPO) required by OAR 660, division 12. Local comprehensive plan and land use regulation requirements shall be consistent with adopted elements of the state ASP and shall be coordinated with affected state and federal agencies, local governments, airport sponsors, and special districts. If a state ASP has not yet been adopted, the city or county shall coordinate the preparation of the local comprehensive plan and land use regulation requirements with ODA. Local comprehensive plan and land use regulation requirements shall encourage and support the continued operation and vitality of airports consistent with the requirements of ORS 836.600 through 836.630. FINDING: Applicable sections of ORS 836 are addressed above. The Notice of Public Hearing was sent to multiple agencies, including ODA. As of the date of this staff report, no comments have been received from public agencies. The applicant's BoP states the proposed amendments EXHIBIT B - %'si of 21 247-20-000482-TA Pagef I will encourage and support continued operation of the Airport. Staff agrees. 660-013-0040, Aviation Facility Planning Requirements A local government shall adopt comprehensive plan and land use regulation requirements for each state or local aviation facility subject to the requirements of ORS 836.610(1). Planning requirements for airports identified in ORS 836.6100) shall include:... FINDING: The applicant provides the following findings, "The County has adopted airport planning documents as required by this section. The City is the sponsor and has provided forecast information to the County in the form of the most recently adopted, FAA -approved Airport Master Plan. The proposed amendments are consistent with OAR 660-013-0040." Staff agrees. 660-013-0050, Implementation of Local Airport Planning A local government with planning responsibility for one or more airports or areas within safety zones or compatibility zones described in this division or subject to requirements identified in ORS 836.608 shall adopt land use regulations to carry out the requirements of this division, or applicable requirements of ORS 836.608, consistent with the applicable elements of the adopted state ASP and applicable statewide planning requirements. FINDING: The applicant provides the following findings, "Revisions to DCC Chapter 18.80, specifically DCC 18.80.032, are proposed as part of this application and the revisions update the text of the uses allowed in the safety zone, consistent with OAR 660-013-0050." Staff agrees. The Airport is publicly owned and, therefore, is not subject to ORS 636.608, which addresses requirements for private airports. As noted above, staff asks the Hearings Officer to determine if the proposal complies with Goal 12. 660-013-0070, Local Government Safety Zones for Imaginary Surfaces FINDING: The County's Zoning Map and the provisions of DCC 18.76 incorporate the required safety zones for imaginary surfaces. The proposed text amendment does not alter the Map or safety provisions. 660-013-0080, Local Government Land Use Compatibility Requirements for Public Use Airports FINDING: The provisions of DCC 18.76 incorporate the compatibility requirements under this section. The proposed text amendment does not alter those requirements. EXHIBIT B - %e'si of 21 247-20-000482-TA Pageof "I 660-013-0100, Airport Uses at Non -Towered Airports Local government shall adopt land use regulations for areas within the airport boundary of non - towered airports identified in ORS 836.610(1) that authorize the following uses and activities: (1) Customary and usual aviation -related activities including but not limited to takeoffs, landings, aircraft hangars, tiedowns, construction and maintenance of airport facilities, fixed -base operator facilities, a residence for an airport caretaker or security officer, and other activities incidental to the normal operation of an airport. Residential, commercial, industrial, manufacturing, and other uses, except as provided in this rule, are not customary and usual aviation -related activities and may only be authorized pursuant to OAR 660-013-0110. (2) Emergency Medical Flight Services, including activities, aircraft, accessory structures, and other facilities necessary to support emergency transportation for medical purposes. "Emergency Medical Flight Services" does not include hospitals, medical offices, medical labs, medical equipment sales, and similar uses. (3) Law Enforcement and Firefighting Activities, including aircraft and ground based activities, facilities and accessory structures necessary to support federal, state or local law enforcement and land management agencies engaged in law enforcement or firefighting activities. These activities include transport of personnel, aerial observation, and transport of equipment, water, fire retardant and supplies. (4) Flight Instruction, including activities, facilities, and accessory structures located at airport sites that provide education and training directly related to aeronautical activities. "Flight Instruction" does not include schools for flight attendants, ticket agent, or similar personnel. (5) Aircraft Service, Maintenance and Training, including activities, facilities, and accessory structures provided to teach aircraft service and maintenance skills, maintain, service and repair aircraft and aircraft components, but not including activities, structures, and facilities for the manufacturing of aircraft for sale to the public or the manufacturing of aircraft related products for sale to the public. "Aircraft Service, Maintenance and Training" includes the construction of aircraft and aircraft components for personal use. The assembly of aircraft and aircraft components is allowed as part of servicing, maintaining, or repairing aircraft and aircraft components. (6) Aircraft Rental, including activities, facilities, and accessory structures that support the provision of aircraft for rent or lease to the public. (7) Aircraft Sales and the sale of aeronautic equipment and supplies, including activities, facilities, and accessory structures for the storage, display, demonstration and sale of aircraft and aeronautic equipment and supplies to the public. (8) Aeronautic Recreational and Sporting Activities, including activities, facilities and accessory structures at airports that support recreational use of aircraft and sporting activities that require the use of aircraft or other devices used and intended for use in flight. Aeronautic Recreation and Sporting Activities on airport property shall be subject to approval of the airport sponsor. Aeronautic recreation and sporting activities include but are not limited to: fly -ins; glider flights; hot air ballooning; ultralight aircraft flights; displays of aircraft; aeronautic flight skills contests; gyrocopter flights; flights carrying parachutists; and parachute drops onto an airport. As used in this rule, parachuting and parachute drops EXHIBIT B -%e's� of 21 247-20-000482-TA Pageof �f includes all forms of skydiving. Parachuting businesses may be allowed only where they have secured approval to use a drop zone that is at least 10 contiguous acres. A local government may establish a larger size for the required drop zone where evidence of missed landings and dropped equipment supports the need for the larger area. The configuration of 10 acre minimum drop zone shall roughly approximate a square or circle and may contain structures, trees, or other obstacles if the remainder of the drop zone provides adequate areas for parachutists to safely land. (9) Crop Dusting Activities, including activities, facilities and structures accessory to crop dusting operations. These include, but are not limited to: aerial application of chemicals, seed, fertilizer, pesticide, defoliant and other activities and chemicals used in a commercial agricultural, forestry or rangeland management setting. (10) Agricultural and Forestry Activities, including activities, facilities and accessory structures that qualify as a "farm use" as defined in ORS 215.203 or "farming practice" as defined in ORS 30.930. (11) Air passenger and air freight services and facilities at public use airports at levels consistent with the classification and needs identified in the state ASP. FINDINGS: The applicant proposes to adopt the term 'customary and usual aviation -related activities', as defined in subsection (1). At this time, the applicant does not propose to amend the AD Zone to specifically allow the uses listed under subsections (2) through (11) as outright permitted uses. For this reason, and in the context of the proposed text amendment, staff finds that FBOs would have the following characteristics: 1) Commercial business; 2) Granted a right by the Airport to operate on the Airport; 3) Provides aeronautical services; and 4) Is not an OAR 660- 013-0100(2-11) use. Pursuant to the AD Zone, the uses listed under subsections (2) through (11) will continue to be subject to Site Plan Review under DCC 18.124 and, where applicable, Conditional Use Permit approval under DCC 181.128. 660-013-0160, Applicability This division applies as follows: (2) Amendments to plan and land use regulations may be accomplished through plan amendment requirements of ORS 197.610 to 197.625 in advance of periodic review where such amendments include coordination with and adoption by all local governments with responsibility for areas of the airport subject to the requirements of this division. FINDING: Sections 197.610 to 197.625 of the ORS address submission of the text amendment to, and review by, the Department of Land Conservation and Development ("DLCD"). The County submitted the proposed text amendment to DLCD on August 4, 2020, with confirmation of receipt by DLCD on the same day. The County is coordinating review of this text amendment with the City of Bend, the applicant. (3) Compliance with the requirements of this division shall be deemed to satisfy the requirements of Statewide Planning Goal 12 (Transportation) and OAR 660, division 12 related Airport Planning. EXHIBIT B - %isjPf 247-20-000482-TA Pageeo f 21 FINDING: Staff asks the Hearings Officer to determine if the proposal complies with the requirements of Division 13. (4) Uses authorized by this division shall comply with all applicable requirements of other laws. FINDING: To staff's knowledge, all applicable local regulations, along with relevant statutes and rules, are identified in this staff report. With the exception of Goal 12, staff believes the proposal complies with applicable law. (5) Notwithstanding the provisions of OAR 660-013-0140 amendments to acknowledged comprehensive plans and land use regulations, including map amendments and zone changes, require full compliance with the provisions of this division, except where the requirements of the new regulation or designation are the same as the requirements they replace. FINDING: As noted previously, staff believes the proposal complies with applicable law, with the possible exception of Goal 12. The applicant does not argue that the safe harbor provisions of OAR 660-013-0140 apply. 247-20-000482-TA EXHIBIP Page Igo�f21 AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of December 16, 2020 DATE: December 9, 2020 FROM: Cynthia Smidt, Community Development, 541-317-3150 TITLE OF AGENDA ITEM: PUBLIC HEARING Continuation: Spring River Rural Commercial Text Amendments BACKGROUND AND POLICY IMPLICATIONS: The Board of County Commissioners is continuing a public hearing on December 16, 2020 to consider text amendments to Deschutes County Code (DCC) Chapters 18.74, Rural Commercial Zone - Spring River; 18.116, Supplementary Provisions; and 18.124, Site Plan Review. The applicant, Spring River Plaza LLC (Richard Hadley), proposes amendments that would allow retail/rental store, office and service establishments as outright permitted uses, clarify front yard setbacks, and provide Spring River Rural Commercial Zoi �e an exception to parking and building location requirements. FISCAL IMPLICATIONS: none ATTENDANCE: Cynthia Smidt, Associate Planner MEMORANDUM TO: Board of County Commissioners FROM: Cynthia Smidt, Associate Planner DATE: December 9, 2020 RE: Spring River Rural Commercial Zone Text Amendments (File No. 247-20-000502-TA) The Board of County Commissioners (Board) conducted a public hearing on December 2, 2020 to consider text amendments to Deschutes County Code (DCC) Chapters 18.74, Rural Commercial Zone - Spring River; 18.116, Supplementary Provisions, and 18.124, Site Plan Review. The Board continued the public hearing to December 16, 2020. The applicant, Spring River Plaza LLC (Rich Hadley), proposes the following amendments: • Allow office and retail as outright permitted uses subject to DCC Chapter 18.124, Site Plan Review; • Clarify front yard setbacks, and • Provide a parking requirement exception to Spring River Rural Commercial (RC) Zone. At the public hearing, the applicant expressed concern about the minor changes staff made to the proposed language of DCC Chapter 18.74. Specifically, the concern revolved around code interpretation of the allowable area, 2,500 square feet, for new commercial uses. 1. BACKGROUND Oregon Administrative Rule (OAR), 660 Division 22, was adopted to clarify what uses could be allowed in unincorporated communities without violating Statewide Planning Goal 11, Public Facilities and Services, and Goal 14, Urbanization. Since some of the existing rural service centers did not comply with the OAR 660-022, Deschutes County gave a new plan designation of Rural Commercial to these areas. Deschutes County's Comprehensive Plan policies and zoning standards restrict commercial uses to those that are rural as required in Goal 14, Urbanization. They are less intensive than those uses 11 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q, (541) 388-6575 @ cdd@deschutes .org @ www.deschutes.org/cd permitted in unincorporated communities. The following is a Rural Economy policy that relates specifically to the size limits for commercial uses in the RC zone: Policy 3.4.14 New commercial uses shall be limited in size to 2,500 square feet or if for an agricultural or forest -related use, 3,500 square feet. Ordinance 2002-019' adopted the RC Zone into DCC as part of periodic review (Attachment 1). The findings of this ordinance, Exhibit I of Ordinance 2002-018, stated below, demonstrate why the County has established a 2,500 square foot maximum for new commercial buildings in the RC Zone (Attachment 2). The 1979 Comprehensive Plan and zoning regulations designate Deschutes junction, Deschutes River Woods Store and Spring River as Rural Service Centers. Each of these areas no longer meet the current standards for a Rural Service Center and will be rezoned "Rural Commercial," which will allow fewer uses and smaller commercial structures in the future than is currently allowed under the existing rural service center zoning [emphasis added]. With the adoption of Ordinances 2002-018 and 2002-019, Deschutes County will have comprehensive plan and zoning maps, comprehensive plan policies and zoning standards for these three areas that comply with statewide planning Goals 11 and 14.2 FINDING: The proposed plan policies limit new commercial uses to those that are rural uses that are intended to service the community and surrounding rural area or the travel needs of people passing through the area. The proposed zoning regulations limit new commercial uses to retail stores, business offices and/or commercial establishments in a building or buildings each not exceeding Z500 square feet of floor space, or not exceeding 3,500 feet of floor space if for a commercial agriculturally -related use, all subject to site plan review. Expansion of a nonconforming use existing as of November 5, 2002 (the anticipated effective date of this ordinance), will be limited to Z500 square feet (or 3,500 square feet for an agriculturally -related use) or 25 percent of the size of the building as of said date, whichever is greater. The commercial building size is less intense than those allowed under OAR 660-022 (which allows a maximum commercial building size of 4,000 square of floor space) to ensure that these areas remain rural in nature. Additionally, the Spring River Rural Commercial center currently has a Limited Use Combining Zone that will remain in effect in the revised zoning. The area within the boundaries of Spring River was originally designated and zoned for residential use in 1979 comprehensive plan under exception to Goals 3 and 4. The Rural Service Center designation was approved by the Board of County Commissioners in 1990 after an exception for the subject land was taken from Goal 14. The Spring River Rural Service Center was created to serve the needs of residents in nearby subdivisions. To ensure that uses in the Spring River Rural Commercial area are limited to uses that will serve the residents of nearby subdivisions and not the needs of the public generally, the This ordinance references an associated Ordinance 2002-018, Exhibit I for the findings. 2 Ordinance 2002-018 Exhibit I, Findings, Page 2. 247-20-000502-TA Page 2 of 5 rural commercial zoning is be subject to the Limited Use Combining zone, which has the effect of limiting uses in the Spring River Rural Commercial area to the uses specified.' II. SPRING RIVER RURAL COMMERCIAL ZONE TEXT AMENDMENTS For those commercial zoning districts that have limits on size and scope of development, DCC addresses size limits in a variety of ways. The Rural Service Center Zone (RSC) of Brothers, Hampton, Millican, Whistlestop and Wildhunt identifies each building or buildings size limitations together with a commercial use size limit.4 This language plainly incorporates the Comprehensive Plan policies into the zoning district. Based on this information, staff recommends the Board use similar language with the proposed text amendment to DCC 18.74.025(A). In order to establish consistency throughout DCC, the following changes are made to DCC 18.74.025(A). The proposed amendments are shown in st�, for language to be deleted, and underline for language to be added. They are incorporated into Exhibit A to Ordinance 2020-017 (Attachment 3) 1&74.025. Uses Permitted - Spring River. A. Uses Permitted subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116 and 18.124. 1. Retail/rental store, office, or service establishment, including but not limited to A-build+ng OF buildings Potot exc-eedi4qg 2,500 cquGr-e fool- 4flG0F PGGe to he „sed h„ any combination of the following uses: a. Fishing supplies and equipment. b. Snowmobiling accessories. c. Marine accessories. d. General store. e. Hardware store. f. Convenience store with gas pumps. g FGs boo e-smu -ont egfe or c-nf-ee chnnEating and drinking establishment. h. Recreational rental equipment store. i. Excavation business. j. Landscaping business/service. k. Health care service. 1. Beauty shop. m. Video store. ,on. Post office. pg. Party supply. 3 Ibid. Page 5. 4 DCC 18.65.020. RSC - Commercial/Mixed Use District (Brothers, Hampton, Millican, Whistlestop and Wildhunt). B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted, subject to applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, and DCC 18.124, Site Plan Review, of this title: 1. Retail store, business office and/or commercial establishment in a building or buildings each not exceeding4,000 square feet of floor space. The aggregate area for any one type of use that takes place in multiple buildings may not exceed 4,000 square feet. 247-20-000502-TA Page 3 of 5 qp. Equipment sales and rental. Appliance store. sr. Bank. ts. Exterminator. tot. Private mailing and packaging store. vu. Bakery. 2. Uses in section AM shall be located in a building or buildings each not exceeding 2,500 square feet of floor space. The aggregate area for any one We of use that takes place in multiple buildings may not exceed 2,500 square feet. 23. Expansion of a nonconforming use listed in section A(1)(a-+Fu), existing as of 11/05/02, the date this chapter was adopted, shall be limited to Z500 square feet or 25 percent of the size of the building as of said date, whichever is greater. 34. A building or buildings, each not exceeding 3,500 square feet of floor space, to be used by any combination of the following uses with the aggregate area for any one We of use that takes place in multiple buildings may not exceed 3,500 square feet: a Pet and livestock supply. b. Farm machinery sales and repair. 45. Expansion of a nonconforming use listed in section A(344(a-b), existing as of 11/05/02, the date this chapter was adopted, shall be limited to 3,500 square feet of floor space or 25 percent of the size of the building as of said date, whichever is greater. In order to be consistent with the amended recommendations noted above, staff also suggests the following changes to DCC 18.74.025(B). B. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128: 1. A building or buildings not exceeding Z500 square feet of floor space to be used by any combination of the following uses: a. Full service gas station with automobile repair services. b. Welding shop. c. Mini -storage units. d. Marijuana retailing, subject to the provisions of DCC 18.116.330. 2. Uses in section (B)(1) shall be located building or buildings each not exceeding 2,500 square feet of floor space. The gggregate area for any one tkpe of use that takes place in multiple buildings may not exceed 2,500 square feet. 23. Expansion of a nonconforming use listed in section B(1)(a-c), existing as of 11/05/02, the date this chapter was adopted, shall be limited to Z500 square feet or 25 percent of the size of the building as of said date, whichever is greater. III. ADDITIONAL WRITTEN TESTIMONY Staff received written testimony (Attachment 3) on December 7, 2020 from the applicant's consultant, Greg Blackmore. After coordinating with staff, Mr. Blackmore reviewed the revised amendments, discussed above, and provided the following concluding remarks in his letter. 247-20-000502-TA Page 4 of 5 We have reviewed staffs revised recommendations related to uses and building sizes. We agree with and support the revisions suggested by Staff, because the updated language provides clear and concise standards for the Spring River Rural Commercial Zone and does not unnecessarily limit development opportunities. IV. NEXT STEPS At the conclusion of the hearing, the Board can consider the following options: 1. Close the public hearing and begin deliberations; 2. Close the public hearing and leave the written record open to a date certain; or 3. Continue the public hearing to a date certain. Staff provided Ordinance 2020-017 in its entirety for easy accessibility (Attachment 4). Only Exhibits A and D have been modified since the December 2 hearing. Attachments 1. Ordinance 2002-019 2. Ordinance 2002-018, Exhibit 1 3. 2020-12-07 Applicant's Testimony 4. Ordinance 2020-17 CP Exhibit A, DCC Chapter 18.74 • Exhibit B, DCC Chapter 18.116 • Exhibit C, DCC Chapter 18.124 • Exhibit D, Findings 247-20-000502-TA Page 5 of 5 REVIEWED LEGA COUNSEL REV CODE REV EWICOMMITTEE COUNTY OFFICIAL MARY"SUESPENHOLLOW, COUNTYRCLERKS COMMISSIONERS' JOURNAL A214110JDOZ 1a'MiAl AM 22110i7umihm For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 18, Deschutes County * Zoning Ordinance of the Deschutes County Code. * ORDINANCE NO.2002-019 WHEREAS, The Board of County Commissioners has determined that to comply with Periodic Review and OAR 660-22, amendments to title 18 of the Deschutes County Code are required; and WHEREAS, to comply with Periodic Review and OAR 660-022, File No. TA-99-2 was initiated by Deschutes County to amend Title 18 regarding Rural Commercial areas; and WHEREAS, after notice and hearing as required by law, the Board of County Commissioners has considered the recommendation of the Planning Commission, now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section l . AMENDMENT. DCC 18.12.010, Establishment of zones, is amended to read as described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethr-etghr Section 2. ADDING. DCC Title 18 is amended by the addition of a new chapter, DCC 18.74, Rural Commercial — Unincorporated Community Zone, as described in Exhibit "B," attached hereto and by this reference incorporated herein. Section 3. REPEAL ZONING CHAPTER. Pursuant to Deschutes County Code Title 18, Chapter 18.64, Rural Service Center Zone, attached as Exhibit "C", is hereby repealed. Section 4. REPEAL AND REPLACE ZONING MAPS. Pursuant to Deschutes County Code Title 18, Section 18.12.030, the zoning maps for the communities of Deschutes Junction, Deschutes River Woods Store and Spring River, shown in Exhibits "D", "F"and "H," are hereby repealed and replaced in DCC 18.74.050, Maps, with new zoning maps for each community, as shown in Exhibits "E", "G" and "I," attached hereto and by this reference incorporated herein. 8AGE 1 OF 2 - ORDINANCE NO.2002-019 (08/07/02) Section 5. FINDINGS. The Board adopts the staff report attached as Exhibit "I" to Ordinance No. 2002-018, incorporated herein by this reference, as its findings in support of this Ordinance. DATED thisday of, 2002. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON i TOM DEWO F, Chair D NNIS R. LUKE, Commissioner M. DALY, Date of I" Reading: 4--Eday of 2002. Date of 2"d Reading: � day of dizaa,7 ,2002. Record of Adoption Vote Commissioner Yes No Abstained Excused Tom DeWolf I ---- Dennis R. Luke +� Michael M. Daly ✓ Effective date: _J r dayof,-Ywl 2002. ATTEST: Recording Secretary 8AGE 2 OF 2 - ORDINANCE NO.2002-019 (08/07/02) EXHIBIT "A" 18.12.010. Establishment of zones. For the purpose of DCC Title 18, the following primary zones, combining zones, subzones and zone districts are hereby established: A. Primary zones. Primary Zones Abbreviations Airport Development AD Exclusive Farm Use Zones EFU Flood Plain FP Forest Use Fl Forest Use F2 Multiple Use Agriculture MUA10 Open Space and Conservation Rural Commercial OS&C RC Rural Industrial RI Rural Residential RR10 Rural Service Center RSC Surface Mining SM Airport Height A14 I Conventional Housing CH Destination Resort DR Landscape Management LM Limited Use LU Sensitive Bird & Mammal Habitat SBM Surface Mining Impact Area SMIA Wildlife Area WA C. Exclusive Farm Use Zones. Exclusive Farm Use Subzones Abbreviations Alfalfa EFUAL Horse Ridge East EFUHR La Pine EFULA Lower Bridge EFULB Sisters/Cloverdale EFUSC Terrebonne EFUTE Tumalo/Redmond/Bend EFUTRB D. Unincorporated Community Zones. 1. La Pine Urban Unincorporated Communitv. La Pine Planning Area Abbreviations Commercial District LPC Community Facility District LPCF Community Facility Limited District LPCFL Flood Plain District LPFP Industrial District LPI Business Park District LPBP Residential District LPR Sewer Treatment District LPST Neighborhood Planning Area Abbreviations Neighborhood Community Facility LPNCF Neighborhood Community Facility LPNCFL Limited Neighborhood Commercial LPNC Neighborhood Park/Open Space LPNPO Neighborhood Residential Center LPNRC Neighborhood Residential General LPNRG Wickiup Planning Area Abbreviation Wickiup Commercial/Residential LPWJ 2. Sunriver Urban Unincorporated Airport District SUA Business Park District SUBP Commercial District SUC Community General District SUCG Community Limited District SUCL Community Neighborhood District SUCN Community Recreation District SUCR Flood Plain Combining District SUFP Forest District SUF Multiple Family Residential District SURM Resort District SUR Resort Equestrian District SURE Resort Golf Course District SURG Resort .Marina District SURA Resort Nature Center District SURN Single Family Residential District SURS Utility District SUU PAGE 1 of 2 - EXHIBIT "A" To ORDINANCE NO.2002-019 (08/07/02) EXHIBIT "A" Commercial District TERC Commercial -Rural District TECR Residential District TER Residential-5 acre minimum TERS Commercial District TUC Residential District TUR Residential-5 acre minimum District TUR5 Research & Development District TURE 5. Rural Service Center. Commercial/Mixed Use District RSC- C/MResidential RSC-R Open Space RSC-OS 6. Resort Communi A. Black Butte Ranch Abbreviations Resort District BBRR Surface Mining District/Limited Use BBRSM Utility District/Limited Use BBRU B. Inn of the 7t' Mountain/ Wid i Creek Abbreviations Resort District SMWCR Wid i Creek Residential District WCR 6_ Rural Commercial Dech rtes Junction RC River Wood-, Store RC Spring River RC-LI J (Ord. 2002-001, § 1, 2002, Ord. 2001-048 § 4, 2001, Ord. 2001-044 § 2, 2001; Ord. 98-063 § 2, 1998; Ord. 96-003 § 4, 1996; Ord. 92-025 § 5, 1992) PAGE 2 of 2 - EXHIBIT "A" To ORDINANCE NO.2002-019 (08/07/02) EXHIBIT "B" Chapter 18.74. Rural Commercial Zone 18.74.010. Purpose. 18.74.020. Uses permitted — Deschutes Junction and Deschutes River Woods Store. 18.74.025 Uses permitted — Spring River. 18.74.030. Development standards. 18.74.010. Purpose. The purpose of this chapter is to establish standards and review procedures for development in the Rural Commercial Zone. The Rural Commercial (RC) zone provisions implement the comprehensive plan policies for rural commercial development and associated uses outside of unincorporated communities and urban growth boundaries. (Ord. 2002-019 § "2", 2002) 18.74.020. Uses permitted. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright and do not require site plan review: 1. Single-family dwelling. 2. Manufactured home subiect to DCC 18.116.070. 3. Two-family dwelling. 4. Home occupation that: a. is carried on within a dwelling only by members of the family who reside in the dwelling; b. does not serve clients or customers on -site; c. does not produce odor, dust, glare, flashing lights or noise; d. does not occupy more than 25 percent of the floor area of the dwelling; and e. does not include the on -premises display or sale of stock in trade. 5. Agricultural uses. 6. Class I and 11 road or street project subject to approval as part of a land partition or subdivision, or subject to the standards and criteria established in DCC 18.116.230. 7. Class III road or street project. 8. A lawfully established use existing as of 11/05/02, the date this chapter was adopted, not otherwise permitted by this chapter. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116 and 18.128: 1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any combination of the following uses. a. Restaurant, cafd or delicatessen. b. Grocery store. c. Tavern. d. Retail sporting goods and guide services. e. Barber and beauty shop. f. General store. g. Video store. h. Antique, art, craft, novelty and second hand sales if conducted completely within an enclosed building. 2. Expansion of a nonconforming use listed under section B.l.a-h, existing as of 11/05/2002, the date this chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the building as of said date, whichever is greater. 3. A building or buildings not exceeding 3,500 square feet of floor space to be used by any combination of the following uses. a. Retail sales of agricultural or farm products. b. Farm machinery sales and repair. c. Kennel. d. Veterinary clinic. e. Automobile service station and repair garage, towing service, fuel storage and sales. f. Public or semi-public use. g. Residential use in the same building as a use permitted by this chapter. h. Park or playground. 4. Expansion of a nonconforming use listed under section B.3.a-h, existing as of 11/05/2002, the date this chapter was adopted, shall be limited to 3,500 square feet or 25 percent of the size of the building as of said date, whichever is greater. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128: 1. A building or buildings not exceeding 3,500 square feet of floor space to be used by any combination of the following uses. a. Home occupation as defined in DCC 18.04. PAGE 1 of 4 — EXHIBIT `B" To ORDINANCE NO.2002-019 (08/07/02) b. Utility facility. c. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). d. Child care center. e. Church. £ School. 2. Recreational vehicle park. 18.74.025. Uses allowed in Spring River Rural Commercial/Limited Use Combining Zone. A. Uses Permitted subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116 and 18.128: 1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any combination of the following uses: a. Fishing supplies and equipment. b. Snowmobiling accessories. c. Marine accessories. d. General store. e. Hardware store. f Convenience store with gas pumps. g. Fast food restaurant, cafe, or coffee shop. h. Recreational rental equipment store. i. Excavation business. j. Landscaping business/service. k. Health care service. 1. Beauty shop. m. Video store. o. Post office. p. Party supply. q. Equipment sales and rental. r. Appliance store. s. Bank. t. Exterminator. u. Private mailing and packaging store. v. Bakery. 2. Expansion of a nonconforming use listed in section A.La-v, existing as of 11/05/02, the date this chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the building as of said date, whichever is greater. 3. A building or buildings not exceeding 3,500 square feet of floor space to be used by any combination of the following uses: a. Pet and livestock supply. b. Farm machinery sales and repair. 4. Expansion of a nonconforming use listed in section A.3.a-b, existing as of 11/05/02, the date this chapter was adopted, shall be limited to 3,500 square feet of floor space or 25 percent of the size of the buildling as of said date, whichever is greater. B. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128: 1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any combination of the following uses: a. Full service gas station with automobile repair services. b. Welding shop. c. Mini -storage units 2. Expansion of a nonconforming use listed in section B. La-c, existing as of 11/05/02, the date this chapter was adopted, shall be limited to 2,500 sqaure feet or 25 percent of the size of the building as of said date, whichever is greater. C. Definitions. For the purposes of DCC 18.64.120, the following definitions shall apply: 1. Landscaping business/service: Includes designing landscapes, site grading and preparation, placing boulders, planting trees and shrubbery, installing sod, installing irrigation systems and equipment, installing fencing, and landscape maintenance, but does not include on -site cultivation of plants or plant materials or any on -site retail sales. 2. Health care service: A business providing the diagnosis, treatment and care of physical and/or mental disease, injury and/or disability, but not including a hospital facility or a nursing home as defined in DCC 18.04. 3. Beauty Shop: A full service beauty salon which would include haircuts, permanents, washes, nails, etc., and the retail sales of PAGE 2 of 4 — EXHIBIT `B" To ORDINANCE NO.2002-019 (08/07/02) EXHIBIT "B" incidental beauty supplies typical of any beauty salon. 4. Mini -storage units: Self service mini - storage units of various sizes from 5' x 10' up to 12' x 24'. 5. Video store: The sale and rental of video tapes, compact disc movies and audio books. 6. Laundry and dry cleaners: Dry cleaners, shirt laundry and laundromat with self service washers and dryers along with the sale of detergents, bleaches, etc. 7. Post office: United States Postal Service office including mail pick-up and distribution. 8. Party supply: The sale and rental of party supplies such as balloons, streamers, costumes, dishes, linens and silverware. 9. Equipment sales and rental: The rental of construction, home repair and maintenance equipment such as ladders, mowers, saws, gardening supplies, etc., and the sales of related equipment. 10. Appliance store: The sale and service of household appliances such as televisions, ranges, refrigerators, etc. 11. Bank: Full service consumer bank for checking, savings, loans, safety deposit boxes, etc. 12. Exterminator: Exterminator of insects and other pests such as rodents, spiders, etc. 13. Private mailing and packaging store: Private mail boxes and packaging services, which would include the holding and distribution of mail, packing, mailing supplies, FEDEX and UPS pick-up, and FAX and copy machine availability. 14. Bakery: The manufacture and sale of bread, donuts and pastries. 15. Pet and livestock supplies: The sale of pet supplies such as dog and cat food, collars, grooming needs, shelters and some large animal supplies such as hay, feeds and grains. (Ord. 2002-019 § 2, 2002; Ord. 97-015 § 1, 1997; Ord. 96-046 § 1, 1996; Ord. 96-023 § 1, 1996) 18.74.030. Development standards. A. Yard Standards. 1. Front Yard. The front yard shall be 20 feet for a property fronting on a local road right- of-way, 30 feet for a property fronting on a collector right-of-way and 80 feet for a property fronting on an arterial right-of- way- 2. Side Yard. A side yard shall be a minimum of 10 feet, except a lot or parcel with a side yard adjacent to land zoned exclusive farm use or forest use shall have a minimum side yard of 50 feet. 3. Rear Yard. The minimum rear yard shall be 20 feet, except a lot or parcel with a rear yard adjacent to land zoned exclusive farm use or forest use shall have a minimum side yard of 50 feet. A. Exisiting Residential and Commercial Lots. On -site sewage disposal. For existing lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on -site sewage disposal rules prior to approval of a site plan or conditional use permit. C. New Lot Requirements 1. Residential Uses. a. The minimum lot size is one (1) acre. b. Oa -site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on -site sewage disposal rules prior to final approval of a subdivision or partition. c. Lot coverage for a dwelling .and accessory buildings used primarily for residential purposes shall not exceed twenty-five (25) percent of the total lot area. Lot coverage for buildings used primarily for commercial purposes shall be determined by spatial requirements for sewage disposal, landscaping, parking, yard setbacks and any other elements under site plan review. 2. Commercial and Public Uses. a. The minimum lot size for a commercial use served by an on -site septic system and individual well or community water system shall be the size necessary to accommodate the use. b. Each lot shall have a minimum width of 150 feet. c. On -site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on -site PAGE 3 of 4 — EXHIBIT `B" To ORDINANCE NO.2002-019 (08/07/02) EXHIBIT "B" sewage disposal rules prior to final approval of a subdivision or partition. d. For existing lots, B. Solar Setback. The setback from the north lot line shall meet the solar setback requirements in DCC 18.116.180. C. Building Code Setbacks. In addition to the setbacks set forth herein, any greater setbacks required by the applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. D. Lot Coverage. Except where otherwise noted, the primary and accessory buildings located on any lot or parcel shall not cover more than 30 percent of the total lot or parcel. E. Building Height. No building or structure shall be erected or enlarged to exceed thirty (30) feet in height, except as allowed under DCC 18.120.040. F. Off -Street Parking and Loading. Off-street parking and loading shall be provided subject to the provisions of DCC 18.116, Supplementary Provisions. G. Outdoor Lighting. All outdoor lighting on site shall be installed in conformance with DCC 15.10, Outdoor Lighting Control. H. Signs. All signs shall be constructed in accordance with DCC 15.08, Signs. (Ord. 2002-019 § "2"9 2002) 18.74.050. Maps. (Ord. 2002-019 § "2", 2002) PAGE 4 of 4 -- EXHIBIT `B" To ORDINANCE NO.2002-019 (08/07/02) EXHIBIT `ICl/ . , tower. • i- 1 1 • I 1 1 - 1 7 7� -\ - Y.1 ••f T — 7 7 _-111 A -• • r • w .w .w . A . 1 .1 • A r .A . • . • • .1 r •PWA*rav i . i • i 1 • 1 t 1 • �. 1- NAM"' 1 .1 • 1 • •• 1 .1 1 1 • r .1 • • • r. LI 1 1 to I I It • • .1 • 1 • .1 r / • IF 1 • • . f5 • • 1 1 • r . 1 .1 { • J • 1 . • 1 • i • .r. • • • . 1 i • 1 f . t I r f/ . - f- 9 • . 1 • . IF t • 1 f ■�..111A 1l•11If.1•J 1l•1•J t•J l•1-11 t l-1\-I •%1 Page I of 4 — EXHIBIT `IC" To ORDINANCE No. 2002-019 (08-07-02) EXHIBIT "C" • .I • ./ I r • i i .I SwIl .t1 t!4 L",'M klM A • • .1 .I 1 A • .w Me of 1 • r.1 • i i .1 • 1 • ..1 A A .i I t • .1 • 1 • .A •me A .1 • A r •1 Do . • ., I .1 11 • .. • A • . 1 .1 I • I r .w t • =1 .1 • A • • .1 :J .1 �ivinls�wrwv«�rr�■ mlill •. .. •1 • A r •1 Do . • ., I .1 11 • .. • A • . 1 .1 I • I r .w t • =1 .1 • A • • .1 :J .1 �ivinls�wrwv«�rr�■ mlill •. .. •1 • i • • .1 •I • A • . i • i i . ii: to ��wrrT�TJ ♦ . AWA or r • • A • • • We • . . ♦ • • . leeill i , . •i �c:>lrim►eiw�t.�e•�riwn�-�.Iti•Inumin�alr•11. .1 . .•1 .. 1 r. Page 3 of 4 — EXHIBIT "C" To ORDINANCE No. 2002-019 (08-07-02) EXHIBIT "C" 11 r. r • • • 1 • • • .1 • .1 w • too .1 • rIL • • • • • ,J • ■ . .mr1 .1 • • .1 •r • r. • .w rl .1 .I • • . • • r • 1 • 1 • . r. • 1 • .w • • r . 1 • r w • .1 .w .1 • 1 1 • r A ter /. • .. JI - • . ittllli"l$tot 1. .1 . TV M-141,111 'v .1 • •. r. r leumi . .1 r 11 .1 . • • .i .1 r • . 1 .w •Mi • Page 4 of 4 — EXI HBIT "C" To ORDINANCE No. 2002-019 (08-07-02) Tumalo Rd /\/ PARCELS 'M DESCHUTES JUNCTION RURAL CDMMERCW. DESCHUTES JUNCTION RURAL COMMERCIAL PROPOSED ZONING Q RURAL COMMERCIAL oe:l.ges ��7 Nnw�"p aa.v«amwt EXHIBIT"E" DESCHUTES JUNCTION RURAL COMMERCIAL PROPOSED ZONING MAP Exhibit "E" to Ordinance 2002-019 At�� 300 0 300 Feet sohut A M�Rd ROAR D 04 COUNTY COMLMSSIONERS Of DESCHUTESCOUNTY. OREMN Chic nw R. t.uta, Gm!ris ' /i T— M " M. bay, C 'fala:»r ATTEST: Rewr RS—stw, Dated miser_ day of -ottt, 1DN Eflacd» Date. Naverbsr 5 Z02 PARCELS DESCHUTES RIVER WOODS RURAL SERVICE CENTER BOUNDARY DESCHUTES RIVER WOODS RURAL SERVICE CENTER ENSTING ZONING RURAL SERVICE CENTER DaaWlbaa OsrM4r /yr1 EXHIBIT'IF" /. Knott DESCHUTES RIVER WOODS RURAL SERVICE CENTER EXISTING ZONING MAP Exhibit "F" to Ordinance 2002-019 400 0 400 Feet BOARD OF COUNTY COMMSSICNERS OF DESCHUTES COUNTY, OREGON om D.WoV, Chair Lk., Commisaioner Michael M. D*, w A ST: Rs rdwg Secretary Dated this _day of AVAL 2002 ERsWva Data: November__, 2002 EXHIBIT "G" — DESCHUTES RIVER WOODS RURAL COMMERCIAL /V PARCELS PROPOSED ZONING MAP t DESCHUTES RIVER WOODS RURAL COMMERCIAL BOUNDARY Exhibit "G" to Ordinance 2002-019 DESCHUTES RIVER WOODS RURAL COMMERCIAL PROPOSED ZONING 0 RURAL COMMERCIAL N wlwE oelhgaa On.. S - - - 400 0 400 Feet �A S knott Rd BOARD OF COUNTY COMMISSIONERS OF DE."UTSS CCVNTY. OREGON TxriDaD1 f ChyF/ �• �innis R. Lek.. CanfM Vona M: a AT FE51: R—M9Saaretary Dales hIm ! "6y,FAugust 2002 ERnnova Aata; Nav+PMn� ': �2DDy /V PARCELS C f SPRING RIVER RURAL SERVICE CENTER BOUNDARY SPRING RIVER RURAL SERVICE CENTER EXISTING ZONING RURAL SERVICE CENTER D."buto Coomy EXHIBIT "H" SPRING RIVER RURAL SERVICE CENTER EXISTING ZONING MAP Exhibit "H" to Ordinance 2W2-019 N WE S 400 0 400 Feet BOAR OF COUNTY COMMSSIONERS OF DESCHUTES COUNTY, OREGON Tom Oswoif, Chair rXNa R. Luke. C—Isslow Mabel M. Day, CommCssiorrer ATTEST: Reoadeg Secretary Dated this _ Gay of August, 2002 EBacthe Data: November__, 2002 SPRING RIVER RURAL COMMERCIAL — PARCELS PROPOSED ZONING MAP C:3 SPRING RIVER RURAL COMMERCIAL BOUNDARY Exhibit "I" to Ordinance 2002-019 SPRING RIVER RURAL COMMERCIAL PROPOSED ZONING RURAL COMMERCIAL i:;—I p m N W E S a.��n et�wrwn _ 400 0 400 Feet BOARD OP couwY COMML9310NER5 OF DESCHUTES COUNTY, OREGON Tvm Op ' f;'Chp i-••W.. -„ter, i" D~inNs R. Lwp*Cpmmixrfgp M' /J �simpr ATTEST: 11--99wptuy t- O.hdGilt,2002 Er ctlpp Ceb: Na�(,pr�;� M= STAFF REPORT UNINCORPORATED COMMUNITIES DESCHUTES JUNCTION, DESCHUTES RIVER WOODS STORE AND SPRING RIVER RURAL COMMERCIAL COMMUNITIES FILE NUMBERS AND ORDINANCE NUMBERS: PA-99-2 and TA-99-2 DESCHUTES BOARD OF COUNTY COMMISSIONER'S HEARING DATE: APPLICANT: Ordinance 2002-018 amending the Rural Development Section of the Growth Management chapter of the Deschutes County Comprehensive Plan to add Findings and Polices for the unincorporated communities of Deschutes Junction, Deschutes River Woods store and Spring River as Rural Commercial Communities pursuant to Oregon Administrative Rules 660-011 and 014. Ordinance 2002-018 amending the Deschutes County Comprehensive Plan map to adopt new comprehensive plan maps for the unincorporated communities of Deschutes Junction, Deschutes River Woods store and Spring River. Ordinance 2002-019 amending Title 18 of the Deschutes County Code, to add Chapter 18.74, Rural Commercial Community. Ordinance 2002-019 amending Title 18 of the Deschutes County Code, to adopt new zoning maps for the unincorporated communities of Deschutes Junction, Deschutes River Woods store and Spring River as Rural Commercial Cornr�5r unities pursuant to Oregon Administrative Rules 660-011 and 014. July 24, 2002 Deschutes County PLANNING STAFF: Christy Morgan, Associate Planner REQUEST: The County proposes to amend the Deschutes County Comprehensive Plan and implementing land use regulations in the County Code for the unincorporated Rural Commercial centers of Deschutes Junction, Deschutes River Woods store and Spring River. SUMMARY: This Staff Report provides findings to support new descriptive text and development policies in the Deschutes County Comprehensive Plan specific to the Rural Commercial areas of Deschutes Junction, Deschutes River Woods Store and Spring River, as well as an explanation of changes to Title 18 of the County Code, the Deschutes County Zoning Ordinance, to implement the comprehensive plan policies. Findings are also provided for comprehensive plan and zoning amendments to comply with Oregon Administrative Rules (OAR), Chapter 660, Division 11, Public Facilities and Service, and Division 14, Urbanization. Staff Report - File No. PA-99-2 and TA-99-2 PAGE 1 of 6- EXHIBIT "I" to ORDINANCE No. 2002-018 (08/07/2002) EXHIBIT "I" PROPOSED AMENDMENTS TO TITLE 23, DESCHUTES COUNTY COMPREHENSIVE PLAN & MAPS. The following Chapters of the Deschutes County Comprehensive Plan have been added or amended and are attached as exhibits to Ordinance No. 2002-018. 1. Chapter 23.36, Rural Service Centers (Exhibit "A") 2. Chapter 23.40, Unincorporated Communities (Exhibit "B") 3. Map - Proposed Comprehensive Plan maps for Deschutes Junction, Deschutes River Woods Store and Spring River Rural Commercial areas (Exhibits "D", "F" and "H"). 4. Maps - Existing Comprehensive Plan maps for Deschutes Junction, Deschutes River Woods Store and Spring River Rural Commercial areas (Exhibits "C", "E" and "G"). PROPOSED AMENDMENTS TO TITLE 18, DESCHUTES COUNTY ZONING ORDINANCE & MAPS. The following Chapters of the Deschutes County Zoning Ordinance have been added or amended and are attached as exhibits to Ordinance No. 2002-019. 1. Chapter 18.12.010, Establishment of Zones (Exhibit "A") 2. Chapter 18.74, Rural Commercial Zone (Exhibit "B") 3. Chapter 18.64, Rural Service Centers (Exhibit "C") 4. Maps - Proposed zoning maps for Deschutes Junction, Deschutes River Woods Store and Spring River Rural Commercial Zone (Exhibits "E", "G" and "I") 5. Maps - Existing zoning maps for the Rural Service Centers of Alfalfa, Brothers, Hampton and Millican (Exhibits "D", "F" and "H"). Chapter 18.74 has been developed specifically for the areas of Deschutes Junction, Deschutes River Woods Store and Spring River Rural Commercial areas to provide land use regulations in accordance with OAR 660-011 and 014 and the comprehensive plan policies added to the comprehensive plan for these three rural commercial areas. BACKGROUND Under the provisions of OAR 660-025 (Periodic Review), local governments are required to periodically review their comprehensive plan and land use regulations to assure that they remain in compliance with the statewide planning goals and that adequate provision for needed housing, employment, transportation, and public facilities and services is assured. Periodic Review is a cooperative process between the state, local governments, and other interested persons. Through Periodic Review, counties are required to show compliance with Goals 14 and 11 for rural lands. In 1997, the Department of Land Conservation and Development identified each of these five commercial areas as an unincorporated community. The 1979 Comprehensive Plan and zoning regulations designate Deschutes Junction, Deschutes River Woods Store and Spring River as Rural Service Centers. Each of these areas no longer meet the current standards for a Rural Service Center and will be rezoned "Rural Commercial," which will allow fewer uses and smaller commercial structures in the future than is currently allowed under the existing rural service center zoning. With the adoption of Ordinances 2002-018 and 2002-019, Deschutes County will have comprehensive plan and zoning maps, comprehensive plan policies and zoning standards for these three areas that comply with statewide planning Goals 11 and 14. The Deschutes County Planning Commission held a public work session on May 23, 2002 to discuss the proposed changes with property owners. The Planning Commission also held a Public Hearing on June 13, 2002, and forwarded a recommendation to the Deschutes County Board of County Commissioners to adopt Ordinances 2002-018 and 2002-019. A Public Hearing will be held before the Board of County Commissioners on July 24, 2002 to consider the Planning Commission's recommendation to rezone Deschutes Junction, Deschutes River Woods Store and Spring River from Rural Service Centers to Rural Commercial. Staff Report - File No. PA-99-2 and TA-99-2 PAGE 2 of 6 — EXHIBIT "I" to ORDINANCE NO.2002-018 (07/24/2002) EXHIBIT "I" STAFF FINDINGS REGARDING TITLE 23, DESCHUTES COUNTY COMPREHENSIVE PLAN POLICIES The Deschutes County Comprehensive Plan currently designates the commercial centers of Deschutes Junction, Deschutes River Woods Store and Spring River as Rural Service Centers. The proposed amendment will designate these areas as "Unincorporated Communities" and adopt plan policies and zoning regulations to keep them rural. The recommended comprehensive plan policies for the "Rural Commercial" designation are as follows: DESCHUTES JUNCTION, DESCHUTES RIVER WOODS STORE AND SPRING RIVER POLICIES Policies 1. Land use regulations shall ensure that the uses allowed are less intensive than those allowed for incorporated communities in OAR 660, Division 22 or any successor. 2. Rural Commercial zoning shall be applied to Deschutes Junction, Deschutes River Woods Store and Spring River,. 3. In Spring River, there shall be a Limited Use Combining zone. 4. County Comprehensive Plan policies and land use regulations shall ensure that new uses authorized within the Deschutes Junction, Deschutes River Woods Store and Spring River areas do not adversely affect agricultural and forest uses in the surrounding areas. 5. Zoning in the area shall ensure that the uses allowed are rural as required by Goal 14, Urbanization, and less intensive than those allowed for unincorporated communities as defined in OAR 660-022. New commercial uses shall be limited to those that are intended to serve the surrounding rural area or the travel needs of people passing through the area. 6. New commercial uses shall be less limited in size to 2500 square feet, or 3500 square feet, if for an agricultural or forest -related use. 7. A lawful use existing on or before November 5, 2002, not otherwise allowed in a Rural Commercial zone, may continue to exist subject to the county's nonconforming use regulations 8. An existing lawful use may expand up to 25 percent of the total floor area existing on November 5, 2002. 9. The Rural Commercial zoning regulations shall allow a mixed use of residential or rural commercial uses. 10. Residential and commercial uses shall be served by DEQ approved on -site sewage disposal systems. 11. Residential and commercial uses shall be served by on site wells or public water systems. 12. Community sewer systems, motels, hotels and industrial uses shall not be allowed. 13. Recreational vehicle or trailer parks and other uses catering to travelers shall be permitted. STAFF FINDINGS REGARDING STATEWIDE PLANNING GOAL 11 — PUBLIC FACILITIES AND SERVICES (OAR 660, DIVISION 11,) AND GOAL 14 — URBANIZATION (660, DIVISION 14) FINDING: The communities of Deschutes Junction, Deschutes River Woods Store and Spring River are comprised of lands that have previously received an exception to Goals 3 or 4. All of the communities lie outside of an urban growth boundary and none of them are incorporated as a city. Staff Report — Pile No. PA-99-2 and TA-99-2 PAGE 3 of 6 — EXHIBIT "I" to ORDINANCE NO.2002-018 (07/24/2002) EXHIBIT "I" FINDING: The Rural Commercial boundaries for Deschutes Junction, Deschutes River Woods Store and Spring River were determined using the following map sources: 1. 1992 Deschutes County Comprehensive Plan map — digitized parcel base map. 2. 1979 Deschutes County Zoning map. The proposed comprehensive plan map shows the boundaries of Deschutes Junction, Deschutes River Woods Store and Spring River a scale that identifies individual parcel boundaries. All are designated "rural service centers" on the Deschutes County Comprehensive Plan Map and will be changed to a "Rural Commercial" designation on the proposed plan maps. The Deschutes Junction zoning and comprehensive plan map boundaries have been adjusted to accommodate changes brought about by the recently completed Tumalo/Deschutes Junction interchange project. The County is recommending shifting the Rural Commercial boundary to the south and west, to move frontage away from the highway and more along Deschutes Market Road. The same acreage (1.77 acres) will remain in the Rural Commercial zone that is currently in the Rural Service Center boundary, but having more access along Deschutes Market Road will make more sense than the existing highway access that the Oregon Department of Transportation will not allow. The boundaries for each of these three areas now reflect parcel -based GIS mapping. Previous maps were prepared by manual application of tape on mylar base maps that did not include parcel identification and were not very precise. Plan Map changes: from: Deschutes Junction Rural Service Center to: Rural Commercial from: Deschutes River Woods Store Rural Service Center to: Rural Commercial from: Spring River Rural Service Center to: Rural Commercial Zone Map changed from: Deschutes Junction: Rural Service Center to: Rural Commercial Deschutes River Woods Store: Rural Service Center to: Rural Commercial Spring River: Rural Service Center to: Rural Commercial The acreage for the existing and proposed zoning and comprehensive plan community boundaries for each of the four rural service centers is reflected on the following table. COMMUNITY COMPREHENSIVE PLAN ACRES ZONING ACRES Existing Proposed Existing Proposed Deschutes Junction 1.77 1.77 1.77 1.77 Deschutes River Woods Store 4.99 4.99 4.99 4.99 Spring River 9.16 9.16 9.16 9.16 FINDING: None of the land included within the Rural Commercial boundaries for Deschutes Junction, Deschutes River Woods Store and Spring River is designated for farm or forest uses. FINDING: Deschutes Junction, Deschutes River Woods Store and Spring River each has a Rural Service Center zoning designation which allows for minimum lot sizes of 6,000 square feet up to five acres depending on whether the lot is served by one, both or no community/public water or sewage systems. There will not be a minimum lot size in the proposed "Rural Commercial' zone, but an applicant will have to demonstrate that new lots or parcel Staff Report -- File No. PA-99-2 and TA-99-2 PAGE 4 of 6 — EXHIBIT "I" to ORDINANCE NO.2002-018 (07/24/2002) EXHIBIT "I" can meet DEQ on -site sewage disposal rules prior to final approval or a subdivision or partition, as well as before final approval of a site plan or condition use permit for an existing lot. The rural commercial zoning will continue to allow for both residential and commercial uses anywhere within the community with no minimum lot size. This zone designation allows essentially the same uses that are allowed under the current zone designation of Rural Service Center. Residential density was determined by looking at each community's ability to provide sewer and water in addition to considering the rural nature of these areas. Since none of the communities has a community sewer system and none are allowed under the proposed zoning, on -site sewage disposal systems are required for new lots. Each proposed new lot or parcel must be proven to be able to support an on -site sewage disposal and water supply before it is platted as a new legal lot. FINDING: Industrial uses will not be allowed within the Rural Commercial centers approved through this unincorporated community process. FINDING: The proposed plan policies limit new commercial uses to those that are rural uses that are intended to service the community and surrounding rural area or the travel needs of people passing through the area. The proposed zoning regulations limit new commercial uses to retail stores, business offices and/or commercial establishments in a building or buildings each not exceeding 2,500 square feet of floor space, or not exceeding 3,500 feet of floor space if for a commercial agriculturally -related use, all subject to site plan review. Expansion of a nonconforming use existing as of November 5, 2002 (the anticipated effective date of this ordinance), will be limited to 2,500 square feet (or 3,500 square feet for an agriculturally -related use) or 25 percent of the size of the building as of said date, whichever is greater. The commercial building size is less intense than those allowed under OAR 660-022 (which allows a maximum commercial building size of 4,000 square of floor space) to ensure that these areas remain rural in nature. Additionally, the Spring River Rural Commercial center currently has a Limited Use Combining Zone that will remain in effect in the revised zoning. The area within the boundaries of Spring River was originally designated and zoned for residential use in 1979 comprehensive plan under exception to Goals 3 and 4. The Rural Service Center designation was approved by the Board of County Commissioners in 1990 after an exception for the subject land was taken from Goal 14. The Spring River Rural Service Center was created to serve the needs of residents in nearby subdivisions. To ensure that uses in the Spring River Rural Commercial area are limited to uses that will serve the residents of nearby subdivisions and not the needs of the public generally, the rural commercial zoning is be subject to the Limited Use Combining zone, which has the effect of limiting uses in the Spring River Rural Commercial area to the uses specified. FINDING: A community sewer system does not currently exist in any of the communities of Deschutes Junction, Deschutes River Woods Store or Spring River, and they are not an allowed use under the proposed zoning. Motels and motels are therefore, not allowed uses since they would need to be served by a community sewer system. FINDING: The surrounding land use for each of the communities is agriculture and forest. The proposed comprehensive plan states that new uses authorized within these rural commercial centers will not adversely affect agricultural or forest uses in the surrounding areas. Additionally, the Deschutes County Right to Farm Ordinance (Title 9.12) serves to further ensure adequate protection of the surrounding farm uses. This ordinance states in part that "Farm and forest uses sometimes offend, annoy, interfere with or otherwise affect others located on or near farm and forest lands... (however)... Deschutes County has concluded (in conformance with ORS chapter 30) that persons located on or near farm and forest lands must accept resource uses and management practices". In each of the communities, the proposed zoning standards require a 50 foot minimum yard setback for new uses located adjacent to land zoned exclusive farm use or forest to ensure that there are no adverse effects on the surrounding agricultural and forest uses. FINDING: The county land use regulations for conditional uses and site plan approval require new development proposals to include facts documenting that the function, capacity and level of service of the affected transportation Staff Report — File No. PA-99-2 and TA-99-2 PAGE 5 of 6 — EXHMIT "I" to ORDINANCE NO.2002-018 (07/24/2002) 1 facility are adequate to serve the proposed use. Single-family residences at the density allowed by the proposed zoning will not significantly impact the function of the highway or county arterials. Deschutes Junction is served by Highway 97. Deschutes River Woods Store is served by Baker Road which is an arterial. Spring River is served by Spring River Road, an arterial. All of these roads are identified on the County Transportation Plan. There will be no significant impact on any of the roads as these areas will remain rural in nature with very low growth expected. The Rural Commercial designation will not allow any new types of uses to be developed other than those intended to serve the surrounding communities and travelers passing through the area. The Oregon Department of Transportation is the service provider for Highway 97, and the Deschutes County Road Department is the service provider for the remaining roads. FINDING: Water for all of these rural commercial areas comes from domestic wells, with the exception of the Deschutes River Woods store which has a public water system. None of the rural commercial areas is in a groundwater -limited area; there is no history of failing wells and there is an adequate water supply. The conformance with state and federal water quality regulations is also implemented through provisions in the Deschutes County Code, Title 15. Since none of the commercial areas has a community sewer system and none is allowed under the proposed zoning, on -site sewage disposal systems are required for new lots. Further, because the soils in these areas are highly variable with limiting features for on -site sewage disposal appearing at shallow depths, particularly in Spring River, each proposed new lot or parcel must demonstrate that the lot or parcel can meet DEQ on -site sewage disposal rules and proven to be able to support an on -site sewage disposal and water supply before it is platted as a new legal lot. Existing lots must also demonstrate that they can meet the same DEQ standards and proven to be able to support an on -site sewage disposal and water supply before final approval for a site plan or conditional, use permit (Section 18.74.030 of the zoning regulations). CITIZEN INVOLVEMENT: FINDINGS: The Rural Commercial comprehensive plan policies and zoning ordinance is the product of meetings and phone calls with individual property owners and surrounding property owners, in addition to a work session with the Deschutes County Planning Commission. Prior to the Planning Commission work session, notice was sent to all property owners within the Rural Commercial boundary regarding the work session. Notice of the first public hearing before the Planning Commission was subsequently sent to property owners within the Rural Commercial boundary, as well as surrounding property owners and agencies that might be affected by or interested in the outcome of this project. The notices included the County Web Page address as well as a staff contact phone number. Interested individuals were invited to get more information and be involved in the process. Agencies informed about project work for the communities of Deschutes Junction, Deschutes River Woods Store and Spring River include: Bureau of Land Management; Forest Service, State of Oregon: Department of Transportation, Department of Land Conservation and Development, Watermaster - District 11, Department of Forestry; County Sheriff and Road Department. All future amendments to the plan designations and policies or zoning for these rural commercial centers must be made in accordance with the procedures in Deschutes County Code, Title 22 and applicable provisions of the Oregon Administration Rules and state statute(s). Staff Report — File No. PA-99-2 and TA-99-2 PAGE 6 of 6 — EXHIBIT "I" to ORDINANCE NO.2002-018 (07/24/2002) Blackmore Planning To: Deschutes County Board of County Commissioners From: Greg Blackmore, Principal Planner Date: December 7, 2020 RE: Spring River Rural Commercial Zone Text Amendments (File No. 247-20-000502-TA) Thank you for your thoughtful consideration of the proposed Text Amendments at the December 2, 2020 public hearing. The proposed amendments are intended to allow for efficient development in the Spring River area that meets current market demands, while maintaining the existing development pattern. The proposed text amendments will allow products and services to accommodate area residents, along with visitors, and provide employment opportunities. At the hearing, Staff suggested minor changes to the Planning Commission's recommended language, which after review, we determined could create confusion and may possibly have unintended consequences of limiting development opportunities, above and beyond what the Rural Commercial Zone allows and what the Planning Commission intended. We understand the Spring River Rural Commercial Zone: Allows users up to 2,500 square feet of building space (in one or multiple buildings) Has a maximum building size of 2,500 square feet Does not limit the number of buildings on one unit of land (this would be limited by other standards, including lot coverage requirements) Our proposal and the Planning Commission's Recommendation included no changes to building size requirements. Our hope and desire is that with the hearing continuance, that the Board of County Commissioners will review the record, confirm what the Code currently allows for, and ensure that the newly adopted language clearly reflects the Commission's intent. We have reviewed staffs revised recommendations related to uses and building sizes. We agree with and support the revisions suggested by Staff, because the updated language provides clear and concise standards for the Spring River Rural Commercial Zone and does not unnecessarily limit development opportunities. Thank you for your thoughtful consideration of the revised language. Sincerely, Greg Blackmore REVIEWED LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 18, Deschutes County Zoning to Permit a General Category of Retail/Rental Store, Office and Service Establishment as Use Permitted Outright * ORDINANCE NO. 2020-017 Subject to Site Plan Review and Provide Parking Exceptions to Certain Properties in the Spring River Rural Commercial Zone. WHEREAS, Spring River Plaza, LLC, applied to amend Title 18, Deschutes County Zoning, to allow for a general category of retail/rental store, office and service establishment as a use permitted outright subject to site plan review, clarify minimum front yard setbacks, and provide parking exceptions to certain properties in the Spring River Rural Commercial Zone; and WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on September 24, 2020, before the Deschutes County Planning Commission ("Planning Commission"); and WHEREAS, on October 8, 2020, the Planning Commission forwarded to the Board of County Commissioners ("Board") a unanimous recommendation of approval; and WHEREAS, the Board considered this matter after a duly noticed public hearing on December 2, 2020, and concluded that the public will benefit from the proposed changes to the Deschutes County Code Title 18; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 18.74. Rural Commercial Zone, is amended to read as described in Exhibit "A", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfiketh.-ough. Section 2. AMENDMENT. DCC 18.116. Supplementary Provisions, is amended to read as described in Exhibit `B," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfik�. Section 3. AMENDMENT. DCC 18.124. Site Plan Review, is amended to read as described in Exhibit "C," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in sti-ice=. PAGE 1 OF 2 - ORDINANCE NO.2020-017 Section 4. FINDINGS. The Board adopts as its findings, Exhibit "D," attached hereto and by this reference incorporated herein. Dated this of , 2020 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PATTI ADAIR, Chair ANTHONY DeBONE, Vice Chair ATTEST: Recording Secretary PHILIP G. HENDERSON, Commissioner Date of 15` Reading: day of , 2020. Date of 2°d Reading: day of , 2020. Record of Adoption Vote: Commissioner Yes No Abstained Excused Patti Adair _ Anthony DeBone Philip G. Henderson _ Effective date: day of 92020. PAGE 2 OF 2 - ORDINANCE NO.2020-017 Chapter 18.74. RURAL COMMERCIAL ZONE 18.74.025. Uses Permitted — Spring River. A. Uses Permitted subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116 andl8.124: 1. Retail/rental store, office, or service establishment, including but not limited to ^ building OF buildings not o eedi g 2,500 square P o+ f flee. s e to be used by any combination of the following uses: a. Fishing supplies and equipment. b. Snowmobiling accessories. c. Marine accessories. d. General store. e. Hardware store. f. Convenience store with gas pumps. g Fast food *.,,,rant earor- off- e shoPEating and drinking establislnnent. h. Recreational rental equipment store. i. Excavation business. j. Landscaping business/service. k. Health care service. 1. Beauty shop. in. Video store. o. Post office. p. Party supply. q. t;quipuierit sales and rental. r. Appliance store. s. Bank. t. Exterminator. u. Private mailing and packaging store. v. Bakery. 2. Uses in section (A)(1) shall be located in a building or buildings each not exceeding 2,500 square feet of floor space. The aggregate area for ante type of use that takes place in multiple buildings may not exceed 2,500 square feet. -2-.a. Expansion of a nonconforming use listed in section A(1)(a-vu), existing as of 11/05/02, the date this chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the building as of said date, whichever is greater. -A. A building or buildings, each not exceeding 3,500 square feet of floor spaces to be used by any combination of the following uses: with the aggregate area for any one type of use that takes place in multiple buildings may not exceed 3,500 square feet: a. Pet and livestock supply. b. Farm machinery sales and repair. 4:5. Expansion of a nonconforming use listed in section A(J4)(a-b), existing as of 11/05/02, the date this chapter was adopted, shall be limited to 3,500 square feet of floor space or 25 percent of the size of the building as of said date, whichever is greater. B. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128: 1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any combination of the following uses: a. Full service gas station with automobile repair services. b. Welding shop. PAGE 1 OF 3 — EXHIBIT A TO ORDINANCE NO. 2020-017 c. Mini -storage units_ d. Marijuana retailing, subject to the provisions of DCC 18.116.330. 2. Uses in section (B)(1) shall be located building or buildings each not exceeding 2,500 square feet of floor space. The aggregate area for any one type of use that takes place in multiple buildings mgy not exceed 2,500 square feet. 23. Expansion of a nonconforming use listed in section B(1)(a-c), existing as of 11/05/02, the date this chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the building as of said date, whichever is greater. C. Definitions. For the purposes of DCC 18.74.120, the following definitions shall apply: 1. Landscaping business/service: Includes designing landscapes, site grading and preparation, placing boulders, planting trees and shrubbery, installing sod, installing irrigation systems and equipment, installing fencing, and landscape maintenance, but does not include on -site cultivation of plants or plant materials or any on -site retail sales. 2. Health care service: A business providing the diagnosis, treatment and care of physical and/or mental disease, injury and/or disability, but not including a hospital facility or a nursing home as defined in DCC 18.04. 3. Beauty Shop: A full service beauty salon which would include haircuts, permanents, washes, nails, etc., and the retail sales of incidental beauty supplies typical of any beauty salon. 4. Mini -storage units: Self service mini -storage units of various sizes from 5' x 10' up to 12' x 24'. 5. Video store: The sale and rental of videotapes, compact disc movies and audio books. 6. Laundry and dry cleaners: Dry cleaners, shirt laundry and laundromat with self-service washers and dryers along with the sale of detergents, bleaches, etc. 7. Post office: United States Postal Service office including mail pick-up and distribution. 8. Party supply: The sale and rental of party supplies such as balloons, streamers, costumes, dishes, linens and silverware. n r• 7 TL 1 r a... t' L a ..... a s t. 7. Equipment sales and rental: iue rental o constIUl.Liorl, home repair anu maintenance equipiiieiiL aiiCu as ladders, mowers, saws, gardening supplies, etc., and the sales of related equipment. 10. Appliance store: The sale and service of household appliances such as televisions, ranges, refrigerators, etc. 11. Bank: Full service consumer bank for checking, savings, loans, safety deposit boxes, etc. 12. Exterminator: Exterminator of insects and other pests such as rodents, spiders, etc. 13. Private mailing and packaging store: Private mail boxes and packaging services, which would include the holding and distribution of mail, packing, mailing supplies, FEDEX and UPS pick-up, and FAX and copy machine availability. 14. Bakery: The manufacture and sale of bread, donuts and pastries. 15. Pet and livestock supplies: The sale of pet supplies such as dog and cat food, collars, grooming needs, shelters and some large animal supplies such as hay, feeds and grains. (Ord. 2016-015 §7, 2016; Ord. 2015-004 §7, 2015; Ord. 2008-008 §1, 2008; Ord. 2006-008 §7, 2006; Ord. 2002-019 §2, 2002; Ord. 97-015 §1, 1997; Ord. 96-046 §1, 1996; Ord. 96-023 §l, 1996) 18.74.030. Development Standards. A. Yard Standards. 1. Front Yard. The front yard shall be a minimum of 20 feet for a property fronting on a local road right- of-way, 30 feet for a property fronting on a collector right-of-way and 80 feet for a property fronting on an arterial right-of-way. 2. Side Yard. A side yard shall be a minimum of 10 feet, except a lot or parcel with a side yard adjacent to land zoned exclusive farm use or forest use shall have a minimum side yard of 50 feet. PAGE 2 OF 3 — EXHIBIT A TO ORDINANCE NO. 2020-017 3. Rear Yard. The minimum rear yard shall be 20 feet, except a lot or parcel with a rear yard adjacent to land zoned exclusive farm use or forest use shall have a minimum gear yard of 50 feet. B. Existing Residential and Commercial Lots. On -site sewage disposal. For existing lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on -site sewage disposal rules prior to approval of a site plan or conditional use permit. C. New Lot Requirements 1. Residential Uses. a. The minimum lot size is one (1) acre. b. On -site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on -site sewage disposal rules prior to final approval of a subdivision or partition. 0 2. Commercial and Public Uses. a. The minimum lot size for a commercial use served by an on -site septic system and individual well or community water system shall be the size necessary to accommodate the use. b. Each lot shall have a minimum width of 150 feet. c. On -site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on -site sewage disposal rules prior to final approval of a subdivision or partition. D. Solar Setback. The setback from the north lot line shall meet the solar setback requirements in DCC 18.116.180. E. Building Code Setbacks. In addition to the setbacks set forth herein, any greater setbacks required by the applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. F. Lot Coverage. 1. Lot coverage for uweliui�S and accessory j uiiiiuuigS iiSeu primarily ivi iwiuenuai purposes shall not exceed twenty-five (25) percent of the total lot area. 2. Lot coverage for buildings used primarily for commercial and industrial purposes shall be determined by spatial requirements for sewage disposal, landscaping, parking, yard setbacks and any other elements under site plan review. 3. Primary and accessory buildings to be used for purposes other than residential, commercial or industrial shall not cover more than 30 percent of the total lot or parcel. G. Building Height. No building or structure shall be erected or enlarged to exceed thirty (30) feet in height, except as allowed under DCC 18.120.040. H. Off -Street Parking and Loading. Off-street parking and loading shall be provided subject to the provisions of DCC 18.116, Supplementary Provisions. I. Outdoor Lighting. All outdoor lighting on site shall be installed in conformance with DCC 15.10, Outdoor Lighting Control. J. Signs. All signs shall be constructed in accordance with DCC 15.08, Signs. (Ord. 2020-017 1, 2020. Ord. 2008-008 §1, 2008; Ord. 2007-007 § 1, 2007; Ord. 2006-008 §7, 2006; Ord. 2003-080 §1, 2003, Ord. 2002-019 §2, 2002) PAGE 3 OF 3 — EXHIBIT A TO ORDINANCE NO. 2020-017 Chapter 18.116. SUPPLEMENTARY PROVISIONS 18.116.030. Off-street Parking and Loading. A. Compliance. No building or other permit shall be issued until plans and evidence are presented to show how the off-street parking and loading requirements are to be met and that property is and will be available for exclusive use as off-street parking and loading. The subsequent use of the property for which the permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by DCC Title 18. B. Off -Street Loading. Every use for which a building is erected or structurally altered to the extent of increasing the floor area to equal a minimum floor area required to provide loading space and which will require the receipt or distribution of materials or merchandise by truck or similar vehicle, shall provide off-street loading space on the basis of minimum requirements as follows: 1. Commercial, industrial and public utility uses which have a gross floor area of 5,000 square feet or more shall provide truck loading or unloading berths subject to the following table: S . Ft. of Floor Area No. of Berths Required Less than 5,000 0 5,000-30,000 1 30,000-100,000 2 100,000 and Over 3 2. Restaurants, office buildings, hotels, motels, hospitals and institutions, schools and colleges, public buildings, recreation or entertainment facilities and any similar use which has a gross floor area of 30,000 square feet or more shall provide off-street truck loading or unloading berths subject to the followmg table: S . Ft. of Floor Area No. of Berths Required Less than 30,000 0 30,000-100,000 1 100,000 and Over 2 3. A loading berth shall contain space 10 feet wide, 35 feet long and have a height clearance of 14 feet. Where the vehicles generally used for loading exceed these dimensions, the required length of these berths shall be increased. 4. If loading space has been provided in connection with an existing use or is added to an existing use, the loading space shall not be eliminated if elimination would result in less space than is required to adequately handle the needs of the particular use. 5. Off-street parking areas used to fulfill the requirements of DCC Title 18 shall not be used for loading and unloading operations except during periods of the day when not required to take care of parking needs. C. Off -Street Parking. Off-street parking spaces shall be provided and maintained as set forth in DCC 18.116.030 for all uses in all zoning districts. Such off-street parking spaces shall be provided at the time a new building is hereafter erected or enlarged or the use of a building existing on the effective date of DCC Title 18 is changed. D. Number of Spaces Required. Off-street parking shall be provided as follows: 1. Residential. Use Requirements One, two and three 2 spaces per dwelling family dwellings unit PAGE 1 OF 6 — EXHIBIT B TO ORDINANCE NO. 2020-017 Use Requirements Multi -family dwelling containing four or more dwelling units: Studio or efficiency 0.75 space per unit unit 1 bedroom 1.00 space per unit 2 bedroom 1.50 space per unit 3 bedroom 2.25 space per unit 4 bedroom 2.50 space per unit Apartment/hotel, 0.50 space guest rooming or boarding parking per dwelling house unit Quad or quint dwelling 4.50 spaces per quad and 5.50 spaces per quint 2. Commercial Residential. Use Requirements Hotel 1 space per guest room plus 1 space per 2 em to ees. Motel 1 space per guest room or suite plus 1 additional space for the owner -manager Club or lodge Spaces to meet the combined requirements of the uses being conducted such as hotel, restaurant, auditorium, etc. Fraternity, sorority or 1 space for each 6 dormitory student beds 3. Institutions. Use Requirements Welfare or correctional 1 space per 3 beds for institution patients or inmates Convalescent Hospital, 1 space per 2 beds for nursing hospital, patients or residents sanitarium, rest home, home for the aged Hospital 1.50 spaces per bed 4. Places Of Public Assembly. Use I Requirements PAGE 2 OF 6 — EXHIBIT B TO ORDINANCE NO. 2020-017 Religious 1 space per 4 seats or 8 feet institutions or of bench length in the main assemblies auditorium or 1 space for each 50 sq. ft. of floor area used for assembly Library, reading 1 space per 400 sq. ft. of room, museum, art floor area plus 1 space per gallery 2 employees Preschool, nursery 2 spaces per teacher or kindergarten Elementary or 1 space per 4 seats or 8 feet junior high schools of bench length in auditorium or assembly room, whichever is greater, plus 1 space per employee. High schools 1 space for each 6 students or 1 space per 4 seats or 8 feet of bench length in the main auditorium, whichever is greater, plus 1 space per employee College or 1 space per 3 seats in commercial school classrooms for adults Other auditorium 1 space per 4 seats or 8 feet or meeting room of bench length. If no fixed seats or benches, 1 space per 60 sq. ft. of floors ace. 5. Commercial Amusements. Use Requirements Stadium, arena or 1 space per 4 seats or 8 theater feet of bench length Bowling alley 6 spaces per lane, plus 1 space per 2 employees Dance hall or skating 1 space per 100 sq. ft. rink of floor area, plus 1 space per 2 employees. 6. Commercial. Use Requirements Grocery stores of 1,500 1 space per 300 sq. ft. sq. ft. or less of gross of gross floor areas floor area, and retail stores, except those selling bulky merchandise Supermarkets, grocery 1 space per 200 sq. ft. stores of gross floor area PAGE 3 OF 6 — EXHIBIT B TO ORDINANCE NO. 2020-017 Service or repair shops, 1 space per 600 sq. ft. retail stores and outlets of gross floor area selling furniture, automobiles or other bulky merchandise where the operator can show the bulky merchandise occupies the major area of the building Bank or office, except 1 space per 300 sq. ft. medical or dental of gross floor area Medical and dental 1 space per 150 sq. ft. office or clinic of gross floor area Eating or drinking 1 space per 100 sq. ft. establishments of gross floor area. Mortuaries 1 space per 4 seats or 8 ft. of bench length in chapels 7. Industrial. Use Requirements Manufacturing 1 space per employee establishment on the largest working shift Storage warehouse, 1 space per 2,000 sq. ft. wholesale of floor area establishment, rail or trucking freight terminal 8. Airport Uses. Use Requirements Hangars or tie -downs I space per 4 private aircraft occupying a hangar or tie -down space Office 1 space per 300 sq. ft. of oss floor area Aircraft maintenance 1 space per 1,000 sq. ft. of oss floor area Manufacturing, 1 space per 500 sq. ft. of assembl , research 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. PAGE 4 OF 6 — EXHIBIT B TO ORDINANCE NO. 2020-017 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, ihad-the- -Airport Development (AD) Zone, and zc}7c, ii s frooz�ti3�_g 5i73;ite.l fiver Road in the Spring River Rural C'omniergial Zoneuf�C tt n`,t-amduie; 1-aPi, but such space may be located within a required side or rear yard. 6. On -Street Parking Credit. Notwithstanding DCC 18.116.030(G)(2), within commercial zones in the La Pine Planning Area and the Terrebonne and Tumalo unincorporated communities, the amount of required off-street parking can be reduced by one off-street parking space for every allowed on -street parking space adjacent to a property up to 30% of the required off-street parking. On -street parking shall follow the established configurations in the parking design standards under DCC 18.116.030 Table 1. To be considered for the parking credit, the proposed parking surface, along the street frontage under review, must have a defined curb line and improved as required under DCC 17.48, with existing pavement, or an engineered gravel surface. For purposes of establishing credit, the following constitutes an on -street parking space: a. Parallel parking (0 degree), each 20 feet of uninterrupted curb; b. Diagonal parking (60 degree), each with 11 feet of curb; c. Perpendicular parking (90 degree), each with 10 feet of curb; d. Curb space must be connected to the lot that contains the use; e. Parking spaces that would not obstruct a required clear vision area, nor any other parking that violates any law or street standard; and f. On -street parking spaces credited for a specific use may not be used exclusively by that use, but shall be available for general public use at all times. No signs or actions limiting general public use of on -street spaces are permitted. F. Development and Maintenance Standards for Off -Street Parking Areas. Every parcel of land hereafter used as a public or private parking area, including commercial parking lots, shall be developed as follows: PAGE 5 OF 6 - EXHIBIT B TO ORDINANCE NO. 2020-017 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 r establishments t shall be designed to avoid battlers Or markers. Service drives w drive in cS�a �����meri S � �a�. backing movements or other maneuvering within a street other than an alley. 7. Service drives shall have a minimum vision clearance area formed by the intersection of the driveway centerline, the street right of way line and a straight line joining said lines through points 30 feet from their intersection. 8. Parking spaces along the outer boundaries of a parking area shall be contained by a curb or bumper rail placed to prevent a motor vehicle from extending over an adjacent property line or a street right of way. G. Off -Street Parking Lot Design. All off-street parking lots shall be designed subject to County standards for stalls and aisles as set forth in the following drawings and table: (SEE TABLE 1 AT END OF CHAPTER 18.116) 1. For one row of stalls use "C" + "D" as minimum bay width. 2. Public alley width may be included as part of dimension "D," but all parking stalls must be on private property, off the public right of way. 3. For estimating available parking area, use 300-325 square feet per vehicle for stall, aisle and access areas. 4. For large parking lots exceeding 20 stalls, alternate rows may be designed for compact cars provided that the compact stalls do not exceed 30 percent of the total required stalls. A compact stall shall be eight feet in width and 17 feet in length with appropriate aisle width. (Ord_ 2070 _O i 7 —§-22_2020;_Ord. 2020-018 §2, 2020; Ord. 2020-001 § 14, 2020; 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 §l, 1991; Ord. 90-017 §1, 1990) PAGE 6 OF 6 — EXHIBIT B TO ORDINANCE NO. 2020-017 Chapter 18.124. SITE PLAN REVIEW 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. 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. PAGE 1 OF 3 — EXHIBIT C TO ORDINANCE NO. 2020-017 0 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. 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. 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 u-C Business Park (BP) District and Town Center (TC) District and properties fronting, Spring River Road in the Spring River Rural Commercial Zonethe-7 n;ne Park- ( PBP) Dist ; *. The building(s) and any eaves, overhangs or awnings shall not interfere with the required clear vision area at corners 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. PAGE 2 OF 3 — EXHIBIT C TO ORDINANCE NO. 2020-017 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. 2020-017 0, 2020; 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) PAGE 3 OF 3 — EXHIBIT C TO ORDINANCE NO. 2020-017 FINDINGS FILE NUMBER: 247-20-000502-TA APPLICANT: Spring River Plaza, LLC (Richard Hadley) CONSULTANT: Greg Blackmore, Blackmore Planning and Development Services, LLC REQUEST: Text Amendments to the Deschutes County Code Chapters 18.74, Rural Commercial Zone — Spring River; 18.116, Supplementary Provisions, and 18.124, Site Plan Review. STAFF CONTACT: Cynthia Smidt, Associate Planner I. APPLICABLE CRITERIA Deschutes County Code (DCC) Title 18, Deschutes County Zoning Ordinance Chapter 18.74. Rural Commercial Zone — RC Chapter 18.116. Supplementary Provisions Chapter 18.124. Site Plan Review Chapter 18.136. Amendments Title 22, Deschutes County Development Procedures Ordinance Chapter 2.12. Legislative Procedures Deschutes County Comprehensive Plan Chapter 1. Comprehensive Planning Chapter 2. Resource Management Chapter 3. Rural Growth Management Chapter 4. Urban Growth Management Chapter 5. Supplemental Sections Appendix C. Transportation System Plan Oregon Administrative Rules (OAR), Chapter 660 Division 12, Transportation Planning Division 15, Statewide Planning Goals II. FINDINGS OF FACT A. BACKGROUND: The Rural Commercial plan designation and associated zoning, applies to specific properties that are located outside unincorporated communities and urban growth boundaries. Spring River is one of five rural commercial designations found in Deschutes County. Others include Deschutes Junction, Deschutes River Woods Store, Pine Forest, and Rosland. The Rural Commercial zones are limited in size and scope, and are intended to serve the immediate rural area and any visitors. Prior to the Rural Commercial designation, the 1979 Comprehensive Plan designated these areas as Rural Service Centers. In 1994, a new Oregon Administrative Rule (OAR), 660 Division 22, was adopted to clarify what uses could be allowed in unincorporated communities without violating Statewide Planning Goal 11, Public Facilities and Services, and 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q, (541) 388-6575 @ cold@deschutes.org @ www.deschutes.org/cd Goal 14, Urbanization.' The Unincorporated Communities Rule of 660-022 identified four different types of rural communities: Resort Community; • Rural Community; and Urban Unincorporated Community; 0 Rural Service Center. Deschutes County was required to review existing rural service centers for compliance with OAR 660-022. Three Rural Service Centers — Deschutes Junction, Deschutes River Woods Store and Spring River — were given a new plan designation of Rural Commercial since these areas no longer qualified as a Rural Service Center. The County also applied the same plan designation to the Rosland (2002) and Pine Forest (2007) commercial centers. Exceptions to Goals 3 or 4 were not taken to any of these areas as a result of the change in designation from Rural Service Center to Rural Commercial. Moreover, the Rural Commercial designation only applied to acknowledged exception areas. Deschutes County's Comprehensive Plan policies and zoning standards, addressed below, restrict commercial uses to those that are rural as required in Goal 14, Urbanization. They are less intensive than those uses permitted in other unincorporated communities. B. RURAL COMMERCIAL ZONE — SPRING RIVER: The Spring River RC Zone includes 17 lots, encompassing 9.16 acres.2 Three roads bound the area: Spring River Road, Azusa Road, and Lunar Drive. Rural residential lands adjoin it. As for the existing businesses, a series of tables identify each property with addresses, associated land use file numbers, description, and notes. Following each table is a correlating figure with associated property addresses. TABLE 1— Properties fronting on Spring River Road Address Land Use File Number(s) Description Notes F-ull/Removal material for 17333 Spring River Rd. 247-20-000529-CU driveway in wetlands Mapped wetlands present (active permit) 17341 Spring River Rd. -- Undeveloped Mapped wetlands present 17347 Spring River Rd. _ Undeveloped -- 17353 Spring River Rd. SP0446/MA0410 Current approved uses Commercial building established SP9580 include: convenience store, in 1972 and has undergone 17355 Spring River Rd. SP9043 fast food restaurant, various modifications CU8864/SP8840 recreational rental Parking approved outside of equipment, office and front yard (DCC storage space 18.116.030E 5 17363 Spring River Rd. SP0450 Restaurant Parking approved within front yard 17371 Spring River Rd. -- undeveloped -- 17377 Spring River Rd. SP9561 Current approved use: Parking approved within front thrift store (retail) yard I https:Hsecure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=3072 2 The Spring River Rural Commercial Zone includes a Limited Use Combining Zone (LU). The LU Zone, DCC Chapter 18.112, limits the permitted uses and general activities allowed in the underlying zone when a parcel is rezoned to that particular underlying zone through the taking of an exception to a Statewide land use planning goal. The LU does not apply in this case since the applicant is only proposing text amendments to DCC 18.74.025, 030 and 18.116.030. FIGURE 1— Properties fronting on Spring River Road TABLE 2 — Properties fronting on Lunar Drive and Spring River Drive or Azusa Road Address Land Use File Number(s) Description 247-17-000758-CU 247-17-000759-SP Current approved use: 56789 Lunar Dr. 247-15-000557-SP SP9020 marijuana retail and associated office space CU85100/SP8556 Current approved use: 3-unit commercial building 56771 Lunar Dr. SP9529/LM9561 approved for two retail/ rental businesses and one Notes Commercial building established in 1971 and has undergone various modifications Recognized as a nonconforming use; parking is approved within front yard adjacent to Lunar Dr. Parking approved outside of front yard adjacent to Azusa Rd. and Lunar Dr. FIGURE 2 — Properties fronting on Lunar Drive and Spring River Drive or Azusa Road TABLE 3 — Properties fronting on Azusa Road Address Land Use File Description Notes Number(s) 56775 Lunar Dr. -- undeveloped -- Warehouse building established SP0612 Current approved use: in 1990 56777 Lunar Dr. SP9020 warehouse for landscape Parking approved outside of business front yard adjacent to Azusa Rd. 17340 Azusa Rd. -- Undeveloped -- Current approved use: SP0230/LM02136 excavation business Parking approved outside of 17330 Azusa Rd. (primarily equipment front yard adjacent to Azusa Rd. storage and dispatching) Current approved use: excavation business Parking approved outside of 17324 Azusa Rd. SP0455/LM04237 (primarily equipment front yard adjacent to Azusa Rd. storage and dispatching) 17318 Azusa Rd. -- Undeveloped -- Current approved use: Parking approved outside of 17310 Azusa Rd. SP0019 landscaping business front yard adjacent to Azusa Rd. FIGURE 3 — Properties fronting on Azusa Road C. PROPOSED AMENDMENTS: According to the applicant, the purpose of the proposed text amendments are to address changing demands in the surrounding area and "improve employment and economic opportunities." Moreover, the applicant indicates that the provisions found within the County Code and Spring River RC Zone "severely hinder the ability to efficiently develop the property, provide employment opportunities, and provide commercial amenities and services." The text amendments will include uses that have the same or similar impacts (e.g. wastewater, transportation, and parking) to those uses that are currently permitted in the zone. Additionally, the proposal revises County Code language to allow future development to be consistent with existing development patterns in the same area. The applicable Oregon Administrative Rules, and applicable policies of the Deschutes County Comprehensive Plan, including the Transportation System Plan (TSP), are addressed below :n tl report. The following summarizes each proposed amendment to the DCC. Proposed amendments are shown in stfikeeut for language to be deleted, and underline for language to be added in Ordinance 2020-017, Exhibits A, B, and C. 1. Spring River Rural Commercial Zone Amendments Exhibit A shows the following amendments to the Spring River RC Zone: • Adds office and retail businesses to the outright permitted uses subject to site plan review. Clarifying language to the "minimum" front yard standards for new development. The applicant states that because the term minimum is not present in County Code, it lends itself to be interpreted, as minimum and a maximum, and thus a building must be at the front yard of 80 feet, based on the Spring River Road classification of rural arterial. Therefore, their proposal to clarify the setback is a minimum. 2. Front Yard Parking Standards Amendments Deschutes County Code prohibits parking and loading spaces within the front yard, except when located in the districts and zones specified under DCC 18.116.030(E)(5), detailed below. The applicant is proposing in Exhibit B to add the Spring River RC Zone to the list of exception areas. In addition to the front yard clarification described above, the applicant proposes to clarify the minimum front yard in this section as well. 3. Site Plan Review Amendments Deschutes County Code requires new commercial buildings to be sited at the front yard setback line, except when located in the districts and zones specified under DCC 18.124.070(D), detailed below. Exhibit C shows the addition of Spring River RC Zone to the list of exception areas. D. PUBLIC AGENCY COMMENTS: The Planning Division mailed notice to several agencies and received the following comments. Deschutes County Transportation Planner: Senior Transportation Planner Peter Russell reviewed the application and findings concerning Statewide Land Use Planning Goal 12 and the Transportation Planning Rule. Mr. Russell found the application complies with Goal 12 and the TPR. Deschutes County Environmental Soils Division: Todd Cleveland, Environmental Health Supervisor did provide the following comments to staff regarding wastewater in the Spring River RC Zone area. This property is served with an advanced onsite wastewater treatment system under an Oregon DEQ permit. The treated water is pumped to a final disposal site on a higher property nearby. The additional wastewater would have to be treated with that system to meet state standards. The groundwater in this area is very sensitive to additional loading from wastewater treatment systems. In some cases, even advanced treatment is not sufficient to provide long-term protections based on the USGS model. In addition, staff notes that if multiple properties are proposed to be served with one onsite wastewater system, it would require a Goal 11 exception. E. PUBLIC COMMENTS: The Planning Division mailed notice of the proposed text amendments to all property owners within the Spring River RC Zone and the surrounding area. The following individuals or organizations provided written support of the proposal: • Jenny Gregoriou, Century 21 Lifestyles Realty • Scott Pence, Sunset Lodging • David Jameson, ToyHouse Toys LLC III. CONCLUSIONS OF LAW: In order to approve the land use regulation (text) amendment request, the proposal must comply with the criteria found in statutes and their implementing administrative rules, County comprehensive plan, and land use procedures ordinance.3 Each of these approval criteria is addressed in the findings below. Title 18, Deschutes County Zoning Ordinance Chapter 18.74. RURAL COMMERCIAL ZONE — RC 1. Section 18.74.010. Purpose. The purpose of this chapter is to establish standards and review procedures for development in the Rural Commercial Zone. The Rural Commercial (RC) Zone provisions implement the comprehensive plan policies for rural commercial development and associated uses outside of unincorporated communities and urban growth boundaries. FINDING: This purpose statement does not include any approval criteria. 3 The proposed text amendment is not changing the comprehensive plan and thus Oregon Statewide Planning Goals and Guidelines are not addressed in these findings. 2. Section 18 74 025 Uses Permitted — Spring River A. Uses Permitted subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC18.116and18.124: 1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any combination of the following uses: a. Fishing supplies and equipment. b. Snowmobiling accessories. c. Marine accessories. d. General store. e. Hardware store. f. Convenience store with gas pumps. g. Fast food restaurant, cafe, or coffee shop. h. Recreational rental equipment store. i. Excavation business. j. Landscaping business/service. k. Healthcare service. 1. Beauty shop. in. Video store. o. Post office. p. Party supply. q. Equipment sales and rental. r. Appliance store. s. Bank t. Exterminator u. Private mailing and packaging store v. Bakery 2. Expansion of a nonconforming use listed in section A(1)(a-v), existing as of 11105102, the date this chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the building as of said date, whichever is greater. 3. A building or buildings not exceeding 3,500 square feet of floor space to be used by any combination of the following uses: a Pet and livestock supply. b. Farm machinery sales and repair. 4. Expansion of a nonconforming use listed in section A(3)(a-b), existing as of 11105102, the date this chapter was adopted, shall be limited to 3,500 square feet of floor space or 25 percent of the size of the building as of said date, whichever is greater. B. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128: 1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any combination of the following uses: a. Full service gas station with automobile repair services. b. Welding shop. c. Mini -storage units d. Marijuana retailing, subject to the provisions of DCC 18.116.330. 2. Expansion of a nonconforming use listed in section B(1)(a-c), existing as of 11105102, the date this chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the building as of said date, whichever is greater. FINDING: The applicant proposed an amendment to the Spring River RC Zone to add general categorical uses of office and retail businesses to the outright permitted uses subject to site plan review. The proposal does not include new development, so the use provisions of this section are not directly applicable to the application. Beyond the amendments proposed by the applicant, DCC 18.74.025, the Board finds additional amendments are appropriate to address the following issues: 1. Provide code language that will be more inclusive of all retail, rental, and service establishment uses that are already permitted in the Spring River RC Zone. 2. Use of "eating and drinking establishment" code language to be consistent with the off-street parking standards found in DCC 18.116.030(D)(6). Provide language that is consistent with Deschutes County Code by identifying each building or buildings size limit together with a commercial use size limit. Considering the above issues, coupled with formatting issues (the list skips the letter `n'); the Board finds broadly defined uses in this area will allow for local -serving and local -demanded uses in a rural community 3. Section 18.74.030. Development Standards. A. Yard Standards. 1. Front Yard. The front yard shall be 20 feet for a property fronting on a local road right-of-way, 30 feet for a property fronting on a collector right-of-way and 80 feet for a property fronting on an arterial right-of-way. 2. Side Yard. Aside yard shall be a minimum of 10 feet, except a lot or parcel with aside yard adjacent to land zoned exclusive farm use or forest use shall have a minimum side yard of 50 feet. 3. Rear Yard. The minimum rear yard shall be 20 feet, except a lot or parcel with a rear yard adjacent to land zoned exclusive farm use or forest use shall have a minimum side yard of 50 feet. FINDING: Unlike the side and rear vard setback standards of this section, which specifically state the setbacks are a "minimum", the front yard setback standard of this section does not state that it is a "minimum" required setback. The Board finds without the term "minimum", the front yard criterion could be interpreted as both a minimum and a maximum. The applicant proposed that "minimum" be added to subsection (A)(1). Yard requirements and setbacks assist with public health and safety aspects of development, and provide community value and aesthetics. Deschutes County Code has included yard and setback requirements since the adoption in 1972 of Public Law 5 (PL-5), the predecessor to PL-15 and eventually Title 18. Yard and setback, as defined in the DCC, creates an open space on a lot, which is unobstructed from the ground upward. For this reason, yards identify the nearest point where a structure is permitted to be located. Consequently, yards and setbacks are a minimum setback, unless otherwise specified. For example, Tumalo and Terrebonne commercial zoning districts are the exception because those districts specifically state the front yard and setback is a maximum.4 The Board finds this amendment is appropriate, but alters the location of the term "minimum" as shown in Exhibit A. In addition, the Board recognizes the need to correct DCC 18.74.030(A)(3), Rear Yard, which includes an erroneous reference to side yard. This amendment is also shown in Exhibit A. B. Existing Residential and Commercial Lots. On -site sewage disposal. For existing lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on -site sewage disposal rules prior to approval of a site plan or conditional use permit. C. New Lot Requirements 4 For example, DCC 18.67.040(I)(1) states the following: Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC 18.124.070(D)(3). The street setback for buildings may be reduced, but not increased, to the average building setback distance of existing buildings on adjoining lots. 1. Residential Uses. a. The minimum lot size is one (1) acre. b. On -site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on -site sewage disposal rules prior to final approval of a subdivision or partition. C. 2. Commercial and Public Uses. a. The minimum lot size for a commercial use served by a non -site septic system and individual well or community water system shall be the size necessary to accommodate the use. b. Each lot shall have a minimum width of 150 feet. c. On -site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on -site sewage disposal rules prior to final approval of a subdivision or partition. D. Solar Setback. The setback from the north lot line shall meet the solar setback requirements in DCC 18.116.180. E. Building Code Setbacks. In addition to the setbacks set forth herein, any greater setbacks required by the applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. F. Lot Coverage. L. Lot coverage for dwellings and accessory buildings used primarily for residential purposes shall not exceed twenty-five (25) percent of the total lot area. 2. Lot coverage for buildings used primarily for commercial and industrial purposes shall be determined by spatial requirements for sewage disposal, landscaping, parking, yard setbacks and any other elements under site plan review. 3. Primary and accessory buildings to be used for purposes other than residential, commercial or industrial shall not cover more than 30 percent of the total lot or parcel. G. Building Height. No building or structure shall be erected or enlarged to exceed thirty (30) feet in height, except as allowed under DCC 18.120.040. H. Off -Street Parking and Loading. Off-street parking and loading shall be provided subject to the provisions of DCC18.116, Supplementary Provisions. L Outdoor Lighting. All outdoor lighting on site shall be installed in conformance with DCC 15.10, Outdoor Lighting Control. J. Signs. All signs shall be constructed in accordance with DCC15.08, Signs. FINDING: The Board is correcting scrivener errors that exist in these sections of DCC; which includes removing the unused subsection "c" under subsection (1)(C) and removing the extra period (.) in subsection (F)(1). Chapter 18.116. SUPPLEMENTARY PROVISIONS 4. Section 18.116.030. Off street Parking and Loading_ E. General Provisions. Off -Street Parking. 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 applicant, it is unclear whether this criterion prohibits parking in a minimum setback area, a maximum setback area, or both. Therefore, the applicant proposes to add the term "minimum" to clarify the prohibition applies to a "...required minimum front yard..." In addition to this clarification, the applicant proposes an exception for those properties fronting on Spring River Road. The reason for the requested exception is an acknowledgment of the existing development pattern along Spring River Road. Staff notes all of the developed properties along Spring River Road have parking within what would be the required front yard setback area of 80 feet. The applicant argues the exception will allow property owners to develop their property in an efficient manner that is consistent with the development pattern that exists along the Spring River Road corridor. As noted previously, yard requirements and setbacks are not new. This is true with the regulation that prohibits parking and loading spaces in the front yard, DCC 18.116.030(E)(5), which has been present in DCC since at least the adoption of PL-15 in 1979. In addition, unless otherwise stated, front yards and setbacks identified in Title 18, Zoning Ordinance, are considered a minimum. As noted previously, Tumalo and Terrebonne commercial zoning districts are the exception in that they include a maximum front yard. Because the County Code reflects both minimum and maximum front yards, the Board finds adding the term `minimum' to DCC 18.116.030(E)(5) will create conflicts within the code that would necessitate additional amendments specific to the Tumalo and Terrebonne commercial zoning districts. Otherwise, the Board agrees with the applicant that those properties fronting along Spring River Road in the Spring River RC Zone should be afforded an exception to these requirements and thus approves this aspect of the amendment. As suggested by the applicant, the Board agrees the proposed amendment to DCC 18.116.030(E)(5) provides an opportunity to remove references to the La Pine UUC Business Park (LPBP) District and the La Pine UUC Industrial District (LPI), which Deschutes County no longer regulates. Chapter 18.124. SITE PLAN REVIEW 5. Section 18.124.070. Required Minimum Standards. D. Commercial Development Standards: 1. New commercial buildings shall be sited at the frontyard 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 corners or driveways. FINDING: Regarding the exception proposed for "properties fronting Spring River Road in the Spring River Rural Commercial Zone" discussed above in DCC 18.116.030(E)(5), it is important to note the zoning ordinance has a corresponding provision for commercial development found in DCC 18.124.070(D). This regulation is commonly referred to as a "build -to" line. This type of standard requires buildings to be placed at the front yard setback to encourage pedestrian friendly developments. Given the vehicular speeds on Spring River Road, the Board recognizes a build -to line could present a danger to the public. For this reason, the exceptions listed in this criterion will be expanded to include those properties fronting on Spring River Road in the Spring River Rural Commercial Zone. This is similar to the amendment adopted for DCC 18.116.030(E)(5), detailed above. In addition, the Board finds the amendment to DCC 18.124.070(D) provides same opportunity to remove references to the La Pine UUC Business Park (LPBP) District, which Deschutes County no longer regulates. Chapter 18.136. AMENDMENTS 6. Section 18.136.010. Amendments. DCC Title 18 maybe amended as set forth in DCC 18.136. The procedures for text or legislative map changes shall be as set forth in DCC 22.12. A request by a property owner for a quasi-judicial map amendment shall be accomplished by filing an application on formsprovided by the Planning Department and shall be subject to applicable procedures of DCC Title 22. FINDING: As detailed below, the provisions of DCC 18.136 apply to "Rezoning" and, therefore, are not applicable to the currently proposed text amendment. The proposal was reviewed under the procedures of DCC Title 22. 7. Section 18.136.020. Rezoning Standards and Section 18.136.030. Resolution of Intent to Rezone FINDING: The proposal does not include a rezone. Therefore, these sections do not apply. Title 22, Deschutes County Development Procedures Ordinance Chapter 2.12. LEGISLATIVE PROCEDURES 8. Section 22.12.010. Hearing Required. No legislative change shall be adopted without review by the Planning Commission and a public hearing before the Board of County Commissioners. Public hearings before the Planning Commission shall be set at the discretion of the Planning Director, unless otherwise required by state law. FINDING: The Planning Commission and Board both held public hearings. 9. Section 22.12.020. Notice. A. Published Notice 1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least 10 days prior to each public hearing. 2. The notice shall state the time and Place of the hearing and contain a statement describing_ the general subject matter of the ordinance under consideration. FINDING: Notice was published in the Bend Bulletin newspaper. This criterion was met. B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. FINDING: This criterion was met when notice was posted on the bulletin board in the lobby of the Deschutes County Community Development Department, 117 NW Lafayette, Bend. C. Individual Notice. Individual notice to property owners, as defined in DCC 22.08.010(A), shall be provided at the discretion of the Planning Director, except as required by ORS 215.503. FINDING: The proposed legislative amendments do not apply to any specific property. However, individual notices were sent to all properties within the Spring River RC Zone. D. Media Notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. FINDING: Notice was provided to the County public information official for wider media distribution. This criterion was met. 10. Section 22.12.030. Initiation of Legislative Changes. A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of County Commissioners. FINDING: The application was initiated by the Spring River Plaza, LLC, upon payment of the required fee. This criterion has been met. 11. Section 22.12.040. Hearinis Bodv A. The following shall serve as hearings or review body for legislative changes in this order. 1. The Planning Commission. 2. The Board of County Commissioners. B. Any legislative change initiated by the Board of County Commissioners shall be reviewed by the Planning Commission prior to action being taken by the Board of Commissioners. FINDING: These criteria were met because the Planning Commission and Board both reviewed the legislative amendments. 12. Section 22.12.050. Final Decision All legislative changes shall be adopted by ordinance. FINDING: The proposed legislative changes included in File no. 247-20-000502-TA are implemented by Ordinance 2020-017. Deschutes County Comprehensive Plan Chapter 1 COMPREHENSIVE PLANNING 13. Section 1.2 Community Involvement FINDING: The Community Involvement section describes the Community Involvement program in Deschutes County. The Goals and Policies of this section strive to ensure an active and open community involvement program. The application is being processed in accordance with the procedures in the adopted Deschutes County Procedures Ordinance, which implement these Goals and Policies, as well as all applicable State Statutes and Rules. The review of this application involved notification, opportunities for comment, and two public hearings — one before the Planning Commission and one before the Board of County Commissioners. This text amendment application has been processed in accordance with the adopted Deschutes County Land Use Procedures Ordinance, which ensured consistency with the Goals and Policies of this Section. 14. Section 1.3 Land Use Planning Goals and Policies Goal I Maintain an open and public land use process in which decisions are based on the objective evaluation of facts. FINDING: This section details land ownership in Deschutes County, jurisdictional authority within the County, Comprehensive Plan designations, zoning, and intergovernmental coordination. As it relates to the current text amendments, this section requires that the land use decision be made "based on an adequate factual basis". The adopted and acknowledged Deschutes County Zoning Ordinance and Deschutes County Land Use Procedures Ordinance have been adopted to ensure decisions are based upon a factual basis. The application was processed in accordance with the adopted Land Use Procedures Ordinance, which is consistent with these Goals and Policies, as well as all applicable State Statutes and Rules. Processing the application in accordance with the adopted Zoning and Land Use Procedures Ordinances ensured consistency with the Goals and Policies of this Section. Chapter 2 RESOURCE MANAGEMENT 15. Section 2.1 Introduction Purpose The concept of sustainability is that resources used today should be managed so that there are still resources available for future generations. Sustainability encourages balancing economic, environmental and social concerns. The Deschutes County Comprehensive Plan has long acknowledged this through policies that require new development to consider the carrying capacity of environment The purpose of the Resource Management chapter is to effectively manage Deschutes County's agricultural, forest, natural and cultural resources to meet the needs of today while retaining their value for future generations. These resources include: FINDING: Resources identified in this Chapter include: • Agricultural Lands • Forest Lands • Goal 5 Resources • Water Resources • Wildlife Resources • Open Space, Scenic Views and Sites • Energy Resources • Environmental Quality • Mineral and Aggregate Resources • Historic and Cultural Resources The Spring River rural commercial area is located within a Rural Commercial Zone. The proposed changes will not impact Agricultural or Forest resource lands, Goal 5 Resources, Water Resources, Wildlife Resources, Open Space, Scenic Views and Sites, Energy Resources, Environmental Quality, Mineral and Aggregate Resources, or Historic and Cultural Resources. Furthermore, Goals and Policies of these sections are implemented through development standards of the Deschutes County Zoning Ordinance, along with actions of Deschutes County. Allowing new uses, clarifying setback provisions, and modifying the location of parking in the Spring River RC Zone will not impact any resource land or any of the resources referenced in this Chapter. Chapter 3 RURAL GROWTH MANAGEMENT 16. Section 3.1 Introduction Purpose The purpose of the Rural Growth Management chapter is to coordinate with other chapters of this Plan to maintain the quality of life enjoyed by rural residents. FINDING: This Chapter addresses development within rural portions of Deschutes County, including Rural Commercial lands. The amended code language will allow for a consistent pattern of development in the Spring River RC Zone, which is specifically addressed in this Chapter. A complete list of the relevant policies of this chapter is included below: 17. Section 3.4 Rural Economy Goal and Policies Goal Maintain a stable and sustainable rural economy, compatible with rural lifestyles and a healthy environment. Policy 3.4.1 Promote rural economic initiatives, including home -based businesses, that maintain the integrity of the rural character and natural environment a. Review land use regulations to identify legal and appropriate rural economic development opportunities. Policy 3.4.2 Work with stakeholders to promote new recreational and tourist initiatives that maintain the integrity of the natural environment. Policy 3.4.7 Within the parameters of State land use regulations, permit limited local -serving commercial uses in higher -density rural communities. FINDING: The text amendment proposal was submitted by a property owner, one who owns multiplied properties in the Spring River RC Zone. The Board recognizes the applicant is a significant stakeholder in the area and their development will affect the future aesthetic of the Spring River Corridor of the Spring River RC Zone. The setback and parking location revisions will not impact uses. Instead, these amendments will allow for efficient development on existing properties, which will facilitate development (and available employment and service opportunities) in the near term. The majority of the properties on Spring River Road are already developed, including the development of parking in the front yard setback areas. The Board agrees with the applicant that the amendments will allow for the continuation of the development pattern that has been established along the Spring River Road corridor. In regards to the broadening the allowable uses to include a general category of retail/rental store, office and service establishment, the Spring River RC Zone currently allows for a wide variety of these uses already, as referenced above in DCC 18.74.025(A). While the currently permitted uses in the Spring River RC Zone are many, the fact is that the market needs of surrounding residents are changing and the existing uses are too limited. Examples include: Video stores — these rarely exist any longer as video store products are available on computers and hand held devises. Arguments could be made that a computer / phone store provides the same services and more than the currently allowed video store. Fishing equipment — while fishing continues to be a prominent recreational activity in the area, there are a number of other recreational activities that have gained prominence in the area, such as rafting, paddle boarding, and mountain bike riding. Under the current provisions, these retail uses would not be permitted. The Spring River RC Zone is well distanced from any other commercial zone and is suited to serve only the surrounding residents and travelers. There is a high concentration of residents in the area and in order to receive some services, residents and visitors currently need to travel to urban centers in Sunriver, Bend, or La Pine, which involves a significant travel for basic services. The Board finds that by broadening the allowable uses in this area it will allow for local -serving commercial uses in a higher density rural community. To ensure that any retail/rental store, office, or other service establishment uses are small scale and appropriate for the area, the Board finds the existing size limitation of 2,500 square foot of floor space is appropriate. The Board finds the amendments discussed herein will allow the zone to maintain the character and integrity of the area. Moreover, the amended uses are appropriate rural economic development opportunities that will serve the immediate area and the revisions are consistent with the General Rural Economy Policies of this section. Lands Designated and Zoned Rural Commercial Policy 3.4.8 Update the policies for lands designated Rural Commercial as needed. FINDING: This section addresses modifications to the policies of these sections. The text amendments before the Board do not involve changing any policies of the Comprehensive Plan. However, the proposal does include changing the implementing ordinance (the Deschutes County Code) to allow for additional uses that are needed to serve the Spring River area, along with clarifying setback and parking requirements. The proposal is consistent with the intent of this policy, which recognizes the need to modify local ordinances as the needs of the County and community change. Policy 3.4.9 Rural Commercial designated lands located outside of urban growth boundaries shall allow uses less intense than those allowed in unincorporated communities as defined by Oregon Administrative Rule 660-22 or its successor. FINDING: The Spring River RC Zone area is located outside of urban growth boundaries and currently provides a number of permitted uses, all of which have been established as being less intense than those allowed within urban growth boundaries. This was documented in the submitted assessment performed by L.B. Engineering, Inc. and the Board fmds the text amendments are consistent with this policy. Policy 3.4.10 Rural Commercial zoning shall be applied to Deschutes Junction, Deschutes River Woods Store, Pine Forest, Rosland and Spring River. FINDING: The Rural Commercial Zone is applied to the Spring River area. No changes are proposed to the location of the zone and the proposal is consistent with this policy. Policy 3.4.11 In Spring River there shall be a Limited Use Combining Zone. FINDING: The Spring River RC Zone is identified on the County Zoning Map as being a Limited Use Combining Zone and allowed uses are established in the Zoning Ordinance. The proposal does not alter the fact that the area is in a Limited Use Combining Zone; therefore, the proposal is consistent with this Policy. Policy 3.4.12 County Comprehensive Plan policies and land use regulations shall ensure that new uses authorized on Rural Commercial designated lands do not adversely affect agricultural and forest uses in the surrounding areas. FINDING: The nearest forest or agricultural zone area is .25 miles to the east, which is developed with a golf course. The next closest forest or agricultural zoned land is over 1 mile to the west, which is the Deschutes National Forest. Because the amended uses will be small-scale, low impact and only serve surrounding residents or travelers, the proposal will not affect agricultural or forestry uses in the area any more than the currently approved uses. Policy 3.4.13 Policy Zoning in the area shall ensure that the uses allowed are rural as required by Goal 14, Urbanization, and less intensive than those allowed for unincorporated communities as defined in OAR 660-22. New commercial uses shall be limited to those that are intended to serve the surrounding rural area or the travel needs of people passing through the area. FINDING: The amended County Code language to broaden the uses permitted outright in the Spring River RC Zone are intended to serve the surrounding rural area and the travel needs of people passing through the area. The Spring River RC Zone is not an unincorporated community as defined in OAR 660-022. Moreover, Deschutes County's Comprehensive Plan policies and zoning standards, addressed below, restrict commercial uses to those that are rural as required in Goal 14, Urbanization, and which are less intensive than those uses permitted in other unincorporated communities. Policy 3.4.14 New commercial uses shall be limited in size to 2,500 square feet or if for an agricultural or forest -related use, 3,500 square feet. FINDING: This policy is implemented by DCC 18.74.025. No changes are proposed to the allowable size of commercial uses in the Spring River RC Zone. The standard that implements this provision is not being. Moreover, the Board finds the limited size will ensure that any retail/rental store, office, or other service establishment uses are small scale and appropriate for the area. Therefore, the existing County Code provisions and the proposed modifications are consistent with this policy. Policy 3.4.15 A lawful use existing on or before November 5, 2002 that is not otherwise allowed in a Rural Commercial zone, may continue to exist subject to the county's nonconforming use regulations. Policy 3.4.16 An existing lawful use may expand up to 25 percent of the total floor area existing on November 5, 2002. FINDING: These policies are implemented by DCC 18.74.025. The standards that implement these provisions are not being modified. The text amendments and existing code provisions will maintain consistency with these policies. Policy 3.4.17 The Rural Commercial zoning regulations shall allow for a mixed use of residential or rural commercial uses. FINDING: The amended new uses are rural commercial uses and thus are allowed by this policy. Policy 3.4.18 Residential and commercial uses shall be served by DEQ approved on -site sewage disposal systems. Policy 3.4.19 Residential and commercial uses shall be served by on -site wells or public water systems. FINDING: These policies are implemented by DCC 18.74.030. The amendments will not alter these implementing provisions and therefore are consistent with these policies. Policy 3.4.20 Community sewer systems, motels, hotels and industrial uses shall not be allowed. FINDING: No changes are proposed to how the commercial uses are served. Commercial uses will continue to be served by on -site wastewater treatment system as noted by Policy 3.4.18 above. If multiple properties were proposed to be served with one onsite wastewater system, it would require a Goal 11 exception, which is not included with this amendment request. The text amendments will maintain consistency with this policy. Policy 3.4.21 Recreational vehicle or trailer parks and other uses catering to travelers shall be permitted. FINDING: The commercial uses amended here will not change how RV/trailer parks are permitted in the Spring River RC Zone. The Board finds the text amendments, however, will enhance the ability to cater to travelers in this area and thus will be consistent with this policy. Chapter 4 URBAN GROWTH MANAGEMENT 18. Section 4.1 Introduction Purpose The Urban Growth Management chapter, in concert with the other chapters of this Plan, specifies how Deschutes County will work with cities and unincorporated communities to accommodate growth while preserving rural character and resource lands. FINDING: The proposal does not alter any urban growth boundary nor does it alter unincorporated communities; therefore, this chapter is not applicable. Chapter 5 SUPPLEMENTAL SECTIONS 19. Section 5.1 Introduction Background This chapter provides material that supplements the other chapters of the Plan. There are no goals or policies in these sections. FINDING: This chapter provides supplemental elements and information, none of which is directly applicable to the current proposal. Appendix C TRANSPORTATION SYSTEM PLAN Goal I 1. Achieve an efficient, safe, convenient and economically viable transportation and communication system. This system includes roads, rail lines, public transit, air, pipeline, pedestrian and bicycle facilities. The Deschutes County transportation system shall be designed to serve the existing and projected needs of the unincorporated communities and rural areas within the County. The system shall provide connections between different modes of transportation to reduce reliance on any one mode. FINDING: The applicant provided a Civil Engineer's Assessment (L.B. Engineering, Inc.), which was reviewed by the County Transportation Planner who determined compliance with the TSP. Transportation planning is reviewed in the following finding under OAR 660-012. Oregon Administrative Rules, Chapter 660 DIVISION 12, TRANSPORTATION PLANNING (OAR 660-012) 20. OAR 660-012-0060. Plan and Land Use Regulation Amendments (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule. A plan or land use regulation amendment significantly affects a transportation facility if it would. (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); (b) Change standards implementing a functional classification system; or (c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based on projected conditions measured at the end of the planning period identified in the adopted TSP. As part of evaluating projected conditions, the amount of traffic projected to be generated within the area of the amendment may be reduced if the amendment includes an enforceable, ongoing requirement that would demonstrably limit traffic generation, including, but not limited to, transportation demand management. This reduction may diminish or completely eliminate the significant effect of the amendment. (A) Types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility, (B) Degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the TSP or comprehensive plan; or (C) Degrade the performance of an existing or planned transportation facility that is otherwise projected to not meet the performance standards identified in the TSP or comprehensive plan. (2) Where a local government determines that there would be a significant effect, compliance with section (1) shall be accomplished through one or a combination of the following: (a) Adopting measures that demonstrate allowed land uses are consistent with the planned function, capacity, and performance standards of the transportation facility. (b) Amending the TSP or comprehensive plan to provide transportation facilities, improvements or services adequate to support the proposed land uses consistent with the requirements of this division; such amendments shall include a funding plan or mechanism consistent with section (4) or include an amendment to the transportation finance plan so that the facility, improvement, or service will be provided by the end of the planning period. (c) Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes. (d) Amending the TSP to modify the planned function, capacity or performance standards of the transportation facility. (e) Providing other measures as a condition of development or through a development agreement or similar funding method, including transportation system management measures, demand management or minor transportation improvements. Local governments shall as part of the amendment specify when measures or improvements provided pursuant to this subsection will be provided. (3) Notwithstanding sections (1) and (2) of this rule, a local government may approve an amendment that would significantly affect an existing transportation facility without assuring that the allowed land uses are consistent with the function, capacity and performance standards of the facility where: (a) The facility is already performing below the minimum acceptable performance standard identified in the TSP or comprehensive plan on the date the amendment application is submitted, (b) In the absence of the amendment, planned transportation facilities, improvements and services as set forth in section (4) of this rule would not be adequate to achieve consistency with the identified function, capacity or performance standard for that facility by the end of the planning period identified in the adopted TSP; (c) Development resulting from the amendment will, at a minimum, mitigate the impacts of the amendment in a manner that avoids further degradation to the performance of the facility by the time of the development through one or a combination of transportation improvements or measures; (d) The amendment does not involve property located in an interchange area as defined in paragraph (4)(d)(C); and (e) For affected state highways, ODOT provides a written statement that the proposed funding and timing for the identified mitigation improvements or measures are, at a minimum, sufficient to avoid further degradation to the performance of the affected state highway. However, if a local government provides the appropriate ODOT regional office with written notice of a proposed amendment in a manner that provides ODOT reasonable opportunity to submit a written statement into the record of the local government proceeding, and ODOT does not provide a written statement, then the local government may proceed with applying subsections (a) through (d) of this section. FINDING: This above language is applicable to the proposal because it involves an amendment to a land use regulation. Although the majority of the policies set forth in Goal 12 relate to the establishment of a comprehensive TSP, the application of Goal 12 to proposed text amendments requires an application to demonstrate that a proposal is consistent with the TPR, as implemented through OAR 660-012-0060(1), noted above. Under OAR 660-012-0060, no further consideration of traffic is required if the impacts from a potential land use action are deemed not to be significant. The proposed text amendments include broadening the allowable commercial uses allowed within Spring River RC Zone and it clarifies setback and parking location standards. The applicant is not proposing any land use development at this time. As documented on the assessment performed by L.B. Engineering, Inc., the proposed uses have similar (or lesser) impacts than other use that are permitted in the Spring River RC Zone. Based on this assessment, transportation impacts are determined not to be significant. The report was reviewed by the County Transportation Planner, who agreed with the report's conclusions. Based on this information, the Board finds that the text amendments will be consistent with the identified function, capacity, and performance standards of the County's transportation facilities in the area. The Board finds the proposed changes will not change the functional classification of any existing or planned transportation facility or change the standards implementing a functional classification system. The changes will not allow types or levels of land uses that would result in levels of travel or access, which are inconsistent with the functional classification of nearby transportation facilities. Furthermore, it will not reduce the performance standards of the facilities below the minimum acceptable level the County's transportation system plan. (4) Determinations under sections (1)—(3) of this rule shall be coordinated with affected transportation facility and service providers and other affected local governments. FINDING: Notice of the proposed text amendment request was sent to public agencies including Deschutes County Road Department, County Transportation Planner, and County Environmental Soils Division. The submitted responses are listed in the foregoing Findings of Fact section. The Board finds that this notice complies with the requirement noted above. buo •— :4--1 QQj a O E a, n.. n.. v W Cu CL w V) z or W 0-i E LLJ VLU R3 v, m P"F i 4 0 O V '� 'L L L Q� 4 ro a-J 0 a p •L U '� i L N 4- J cu V) r 4-) f6 U O C •C U •� o- c aU L L 4-J V) 4 Q 4�10 O V '� •L L L .-J V) Q +v p V � '� •L °: L L 4-J V c >; Q _m O .L V '� 0 N V NO I I I I I I r-I u 4-J cn 4-J 0 0 4- 0 00 aJ -C 4-J +-j u 4-J Ln 0 4-J 0_0 0 4- =3 cr bD bD I r. to, ni o . L -A I I i I U I I 31 d 3 i `v o ° `, I o f6 N 0 Q 0 L 4- O 1 M U (u N U c m E O O U co -4-0 c 1 Om Al .Q ca U Q (6 N C t0 E 12 O U tN CD C cu CL cu N td, cn O cn :3 Q N U O �? .L c a /W\ O — U �. A% 4 O i 4) a..+ -C O .,.r O O U a0 to N c m � U t6 4, O O O � O QL N O � O cn cr) m m co cn V in 0 ca N 4-0 O _O O 00 N (a N -0 - O a-• N c I cu cc Cc O O A 4-0 a) N Q) 2 -0 O 0 -�-r .0 O O Cf rN N 0C) � O y� N p O C � O t6 14 Ln M T- AI E :3 E_ a) O N N O •V N Q) �� � E QJ N Q L • V co % c co � C I � c� _ 4-J 4- O L N > N m aA 4- N C: c a� N u O N L - N N 4 N V •� 4-+ 0 O O Q i N L > t}i 3 0 CL L- E y_ 0- v a i "t (In Qj ^ � ^' •� '4-1 , � i 'i ° Qj ' i a 4-j v o v = a 1 a .� a o v .o a°`' °(n'� L a U v ° ° a v a � rrt! .��.lI a � ..' 2 Qj v 4 r O� O a � o N °�' U � vQj a' 0 •i O V o v L� z v a � a a � v O i O lz � � Qj •C v V 42, N cu .� O Qu 3 c: v z Q� v a Z3 � 4 ° C3 cc > Q u •� v a nee Q� IQj•= e ,° .� � vQj U O � v z v a a � � v a ZZ a_ cc?3 A. 4-1 4-1 � v � L O i �� v v •� v a i a a O Qj o i `^ a a, cs N n v .a a s �► v N .� 4-1 4-1 I w � a ._ � Q1 i i 0 Ln N O 4j N •tn +-j v •� -a i a v � a '= o w () 4-J > L U a Qj � O a 4-1 v a W � O a •i v a.. Q O v v ' a � v v a O L Qj � � � t i 0j .� all P V :... L tn 4-4 v z a, v v o a � 4j i Ln 13 v 4-0 v z ,�� v .� 4 ,v O � 4-j o . _43a r , (11 (1) -C to a-+ c/) a-J +� 4—J a) ate-+ a) s ca i u >- N CU O .X to L Ov O O � • ca O O fu O _ E cn c6Al N A, ti. } � � \ � ¥\ \+ � � 2 � a � z � � <#. � � E ?+ \ � � � . � +£ � / \ / 11 m r: i t� � 11 1. D � \& � � } � ¥< � ?+ / \ / <2 11 ¥¥ +Z ° : } � 11 M 0 I W.r I I WIN I i 2 'u i 4) u Ul J vp ro L D a E V) E .E I w E LA O O O V) 4-J LA o O _ � I O O U Q ou V � • u > Ln O6 V L/) V) OJ o6 •' N � c — � � LL •� LUn V) N -0 �- N N c M .c- r) O OC �2 v� �_' � AAAAA .� : > ro 4-J V) 06 0 (A ro 4-J LA o q-- 06 . 41 v ga V) c- U-) (1) N 4-J L V) >ON 0 E 4--J E 0 4-j o 4-J 4-J 0 E 4-� ro E LA Q •� >1 CL Q 4--J *E 1. L n Iw 3: aim= H D N Ln 4-d u :3 0 *(A* u E E ro C: EI CL .0 .4-J E 0 > V) c U ::)1 u ONE= 4-J C: A 0 Ln V) u a u E E WLn 0 U Ln u S.- 0 4— C: 13 0- V) 0 0 0 0 0 CD Iq u Ln 0--x 0 L.n N u cr- 0 a) 4--J 4--J E r) 4--J 0 z A (A 11 4--J E Ln N u Ln u ce- 14 I.- lk 113 w m _> a--r �V N � Q � O N 0 ca 4-' Q 4-' 0 4-J 4-J , =' 0 .Ln N Q E � c6 N .■� E > a) _ 0 L- O Ln o U E s. LnO C- D A L U U a V a) 4--J V) V N tJ1 b,0 V) f6 Ln - N Ln CU V m �, 0- c6 E Q ---•-- E CU m E c6 E a� 4--; > � w E 0 O to N ._ c M N V Ln •X C: �LnN Q - C We'-� A A A OR (A W V l ® Ln N O 4J 4 ,i-� E V- -- - -- -- -- - - --- - - -- --- 0 U U WV) N to V) _0 N U) � 4-J m IA o ® CU 0U N - CL tw o� Q ��- A A L a. 0 V I d N s _ L �> W C) N In -- --4-J E -E OC7 T— - c6 . 0 U U O 0 � 4— _ O O Ln N O �O 4--J Cr _0 Ul o 76 •— C- � E N :+_' E 0 ® CL i o l o �A L m CL o hO CU u N C6 4-, L O O N V) b4 (Z O .� 4-j O to bA 0 O (U '— -i 4— u a) a) -ro � L— 4-J N ro p Z3 u O W 044—O .E 4 J O to 4-' O C: 4J :3 ,— V) .- 431EO O Ui u uN.� 13 L O V Q1 o a � �s O L` � a O N i � a a o o6 cn a, a �. U c6 E a cr Gl - v o v' z� ro W a`a 00 co �aa Of +?, o -boa v) 0 LL a z3 A `'- �= m bb � U tJi v o, L aUloj i 4�j Ln °� •a • i a v a o a 4-J 00 0 .� � O O WV U z a's Ln Ul u Z a u w :3 v _ Q� c Z3 Q ca 0 CL Q1 O c A o �� .� .� v L o aL.- QZ om u- CL O v) 00 v� S G� TO: FROM: DATE: RE: ILI STAFF REPORT Board of County Commissioners Cynthia Smidt, Associate Planner November 24, 2020 Spring River Rural Commercial Zone Text Amendments (File No. 247-20-000502-TA) The Board of County Commissioners (Board) will hold a public hearing on December 2, 2020 to consider text amendments to Deschutes County Code (DCC) Chapters 18.74, Rural Commercial Zone - Spring River; 18.116, Supplementary Provisions, and 18.124, Site Plan Review. The applicant, Spring River Plaza LLC (Rich Hadley), proposes the following amendments: • Allow office and retail as outright permitted uses subject to DCC Chapter 18.124, Site Plan Review:' • Clarify front yard setbacks, and • Provide a parking requirement exception to Spring River Rural Commercial (RC) Zone. I. BACKGROUND The Rural Commercial plan designation and associated zoning, applies to specific properties that are located outside unincorporated communities and urban growth boundaries. Spring River is one of five rural commercial designations found in Deschutes County. Others include Deschutes junction, Deschutes River Woods Store, Pine Forest, and Rosland. The Rural Commercial zones are limited in size and scope, and are intended to serve the immediate rural area and any visitors. Prior to the Rural Commercial designation, the 1979 Comprehensive Plan designated these areas as Rural Service Centers. In 1994, a new Oregon Administrative Rule (OAR), 660 Division 22, was adopted to clarify what uses could be allowed in unincorporated communities without violating Statewide Planning Goal 11, Public Facilities and Services, and Goal 14, Urbanization.2 The Unincorporated Communities Rule of 660-022 identified four different types of rural communities: 1 Comprehensive Plan Policy3.4.20 prohibits industrial uses in the Spring River RC Zone. The applicant withdrew the request to include light industrial uses during the public hearing before the Planning Commission. 2 httl2s•//secure sos state.or.us/oard/displayDivisionRuies.action?selectedDivision=3072 11 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q, (541) 388-6575 @ cdd@deschutes .org @ www.deschutes.org/cd Resort Community; 0 Rural Community; and Urban Unincorporated Community; 0 Rural Service Center. Deschutes County was required to review existing rural service centers for compliance with OAR 660- 022. Three Rural Service Centers - Deschutes junction, Deschutes River Woods Store and Spring River - were given a new plan designation of Rural Commercial since these areas no longer qualified as a Rural Service Center. The County also applied the same plan designation to the Rosland (2002) and Pine Forest (2007) commercial centers. Exceptions to Goals 3 or 4 were not taken to any of these areas as a result of the change in designation from Rural Service Center to Rural Commercial. Moreover, the Rural Commercial designation only applied to acknowledged exception areas. Deschutes County's Comprehensive Plan policies and zoning standards restrict commercial uses to those that are rural as required in Goal 14, Urbanization. They are less intensive than those uses permitted in other unincorporated communities. The following are Comprehensive Plan, Section 3.4 Rural Economy policies pertaining specifically to lands designated and zoned rural commercial that restrict intensity: Policy 3.4.14 New commercial uses shall be limited in size to Z500 square feet or if for an agricultural or forest -related use, 3,500 square feet. Policy 3.4.15 A lawful use existing on or before November 5, 2002 that is not otherwise allowed in a Rural Commercial zone, may continue to exist subject to the county's nonconforming use regulations. Do/;,,. 7 A 11' An nvirrinlr 1nlnlfill iicn mini evnivniJ iin to ?.0 norront of tho tntivl flnnr ivroir ovictina nn V IILy �.-r.IV nit cA1Ju11s iu"Jui LAJL. tinny cnNuuu uN LW�✓ Na.,....,,L of L„ L-1 J-1 a..,. ....1-1116 -1. November 5, 2002. Policy 3.4.19 Residential and commercial uses shall be served by on -site wells or public water systems. Policy 3.4.20 Community sewer systems, motels, hotels and industrial uses shall not be allowed. Policy 3.4.21 Recreational vehicle or trailer parks and other uses catering to travelers shall be permitted. 11. RURAL COMMERCIAL ZONE - SPRING RIVER The Spring River RC Zone includes 17 lots, encompassing 9.16 acres.3 Spring River Road, Azusa Road, and Lunar Drive and the three roads that bound this area. Rural residential lands adjoin it. As for the existing businesses, a series of tables identify each property with addresses, associated land use file numbers, description, and notes. Following each table is a correlating figure with associated property addresses. 3 The Spring River Rural Commercial Zone includes a Limited Use Combining Zone (LU). The LU Zone, DCC Chapter 18.112, limits the permitted uses and general activities allowed in the underlying zone when a parcel is rezoned to that particular underlying zone through the taking of an exception to a Statewide land use planning goal. The LU does not apply in this case since the applicant is only proposing text amendments to DCC 18.74.025, 030 and 18.116.030. 247-20-000502-TA Page 2 of 12 TABLE 1 - Properties fronting on Spring River Road Address Land Use File Description Notes Number(s) Fill/Removal material for 17333 Spring River Rd. 247-20-000529-CU driveway in wetlands (active Mapped wetlands present permit) 17341 Spring River Rd. - Undeveloped Mapped wetlands present 17347 Spring River Rd. Undeveloped - 17353 Spring River Rd. SP0446/MA0410 Current approved uses Commercial building established SP9580 include: convenience store, in 1972 and has undergone 17355 Spring River Rd. SP9043 fast food restaurant, recreational rental various modifications CU8864/SP8840 equipment, office and Parking approved outside of front yard (DCC 18.116.030(E)(5)) storage space Parking approved within front 17363 Spring River Rd. SP0450 Restaurant yard 17371 Spring River Rd. -- undeveloped Current approved use: thrift Parking approved within front 17377 Spring River Rd. SP9561 store (retail) yard FIGURE 1 - Properties fronting on Spring River Road 247-20-000502-TA Page 3 of 12 TABLE 2 - Properties fronting on Lunar Drive and Spring River Drive or Azusa Road Address Land Use File Number(s) Description Notes Commercial building established 247-17-000758-CU in 1971 and has undergone 247-17-000759-SP Current approved use: various modifications 56789 Lunar Dr. 247-15-000557-SP marijuana retail and Recognized as a nonconforming SP9020 associated office space CU85100/SP8556 use; parking is approved within front yard adjacent to Lunar Dr. Current approved use: 3-unit commercial building Parking approved outside of front 56771 Lunar Dr. SP9529/LM9561 approved for two retail/ yard adjacent to Azusa Rd. and rental businesses and one Lunar Dr. service/repair shop FIGURE 2 - Properties fronting on Lunar Drive and Spring River Drive or Azusa Road 247-20-000502-TA Page 4 of 12 TABLE 3 - Properties fronting on Azusa Road Address Land Use File Description Notes Number(s) 56775 Lunar Dr. -- undeveloped -- Warehouse building established in SP0612 Current approved use: 1990 56777 Lunar Dr. warehouse for landscape SP9020 business Parking approved outside of front yard adjacent to Azusa Rd. 17340 Azusa Rd. -- Undeveloped Current approved use: excavation business Parking approved outside of front 17330 Azusa Rd. SP0230/LM02136 (primarily equipment storage yard adjacent to Azusa Rd. and dispatching) Current approved use: excavation business Parking approved outside of front 17324 Azusa Rd. SP0455/LM04237 (primarily equipment storage yard adjacent to Azusa Rd. and dispatching) 17318 Azusa Rd. -- Undeveloped -- Current approved use: Parking approved outside of front 17310 Azusa Rd. spool landscaping business yard adjacent to Azusa Rd. FIGURE 3 - Properties fronting on Azusa Road III. SPRING RIVER RURAL COMMERCIAL ZONE TEXT AMENDMENTS According to the applicant, the purpose of the proposed amendments is to address changing demands in the surrounding area and "improve employment and economic opportunities." Moreover, the applicant indicates that the provisions found within the County Code and Spring River RC Zone "severely hinder the ability to efficiently develop the property, provide employment opportunities, and provide commercial amenities and services." The proposed amendments will include uses that have the same or similar impacts (e.g. wastewater, transportation, and parking) to those uses that are currently permitted in the zone. Additionally, the proposal revises code language 247-20-000502-TA Page 5 of 12 to allow future development to be consistent with existing development patterns in the same area. Based on this information, the applicant has submitted a burden of proof stating that the text amendment complies with the Statewide Planning Goals, applicable Oregon Administrative Rules, and applicable policies of the Deschutes County Comprehensive Plan, including the Transportation System Plan. The following summarizes the amendments followed by staff comments. Proposed amendments are shown in sa�- -t for language to be deleted, and underline for language to be added. 1. Amendment of Uses Permitted Outright, DCC 18.74.025 PROPOSED: The proposed text amendments will add office and retail businesses to the outright permitted uses subject to site plan review in the Spring River RC Zone. 18.74.025. Uses Permitted - Spring River. A. Uses Permitted subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116 and 18.124: 1. A building or buildings not exceeding Z500 square feet of floor space to be used by any combination of the following uses: v. Offices. w. Retail business. STAFF COMMENTS: Staff presents the following issues regarding amendments to this section: 1. Provides code language that will be more inclusive of all retail, rental, and service establishment uses that are already permitted in the Spring River RC Zone. 2. Correlates the eating and drinking establishment code language so it is consistent with the off-street parking standards found in DCC 18.116.030(D)(6). By considering the above issues, coupled with formatting issues (the list skips the letter 'n'); staff recommends the following language (see attached Exhibit A, draft Ordinance 2020-017): 18.74.025. Uses Permitted - Spring River. A. Uses Permitted subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116 and 18.124: 1. Retail/rental store office service establishment. or any combination thereof in aA building or buildings not exceeding Z500 square feet of floor space to he i i including but not limited to the following uses: a. Fishing supplies and equipment. b. Snowmobiling accessories. c. Marine accessories. d. General store. e. Hardware store. f. Convenience store with gas pumps. 247-20-000502-TA Page 6 of 12 g €astped r-estGur-anLEafe, eF 66&e shopEating and drinking establishment. h. Recreational rental equipment store. i. Excavation business. j. Landscaping business/service. k. Health care service. L Beauty shop. m. Video store. en. Post office. Po. Party supply. qq. Equipment sales and rental. rq. Appliance store. sr. Bank. ts. Exterminator. i4t. Private mailing and packaging store. vu. Bakery. 2. Amendment of Yard Standards, DCC 18.74.030 PROPOSED: The applicant is also proposing clarifying language to the "minimum" front yard standards for new development. The applicant states that because the term minimum is not present in the code, it lends itself to be interpreted as minimum and a maximum, and thus a building must be at the front yard of 80 feet, based on the Spring River Road classification of rural arterial. Therefore, their proposal to clarify the setback is a minimum. The proposed language is shown as underline: 18,74.030. Development Standards. A. Yard Standards. 1. Front Yard. The minimum required front yard shall be 20 feet for a property fronting on a local road right-of-way, 30 feet for a property fronting on a collector right-of-way and 80 feet for a property fronting on an arterial right-of-way. STAFF COMMENTS: Yard requirements and setbacks assist with public health and safety aspects of development and provide community value and aesthetics. Deschutes County Code has included yard and setback requirements since the adoption in 1972 of Public Law 5 (PL-5), the predecessor to PL-15 and eventually Title 18. Yard and setback, defined and used similarly in the DCC, creates an open space on a lot, which is unobstructed from the ground upward. With the focus on the'front' yard and setback discussed in the proposed amendment, a front yard is the open space located between the front lot line and the nearest point where a structure is permitted to be located. Unless otherwise stated, front yards and setbacks are a minimum setback even if the word "minimum" is not provided in the code language. A required front setback is the closest a structure can be established to the front lot line but it is not 247-20-000502-TA Page 7 of 12 a maximum, unless otherwise specified. Tumalo and Terrebonne commercial zoning districts are the exception because those districts specifically state the front yard and setback is a "maximum.' Staff does not see any policy issues with this amendment but staff recommends a change in word placement in order to be consistent with yard standards in other zones. In addition, Planning Commissioner Altman noticed an error under the "rear yard" section that is reflected below. The following language, shown in strikeout/underline format, is staffs recommendation (see attached Exhibit A, draft Ordinance 2020-017): 18.74.030. Development Standards. A. Yard Standards. 1. Front Yard. The front yard shall be a minimum of 20 feet for a property fronting on a local road right-of-way, 30 feet for a property fronting on a collector right-of-way and 80 feet for a property fronting on an arterial right-of-way. 2. Side Yard. A side yard shall be a minimum of 10 feet, except a lot or parcel with a side yard adjacent to land zoned exclusive farm use or forest use shall have a minimum side yard of 50 feet. 3. Rear Yard. The minimum rear yard shall be 20 feet, except a lot or parcel with a rear yard adjacent to land zoned exclusive farm use or forest use shall have a minimum siae rear yard of 50 feet. 3. Amendment of Front Yard Parking Standards, DCC 18.116.030(E)(5) and 18.124.070(D) PROPOSED: DCC prohibits parking and loading spaces within the front yard, except when located in the districts and zones specified under DCC 18.116.030(E)(5), detailed below. The applicant is proposing to add the Spring River RC Zone to the list of exception areas. In addition to the front yard clarification described above, the applicant proposes to clarify the minimum front yard in this section as well. The proposed amendment is as follows: E. General Provisions. Off -Street Parking. 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 minimum ront yard, except in the Sunriver UUC Business Park (BP) District properties fronting Spring River Road in the Siring River Rural Commercial Zone, 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. STAFF COMMENTS: As noted previously, yard requirements and setbacks are not new. This is true with the regulation that prohibits parking and loading spaces in the front yard, DCC 18.116.030(E)(5), which has been present in DCC since at least the adoption of PL-15 in 1979. In addition, unless otherwise stated, front yards and setbacks identified in Title 18, Zoning Ordinance are considered a minimum. Tumalo and Terrebonne commercial zoning districts include a maximum front yard. Because the code 4 For example, DCC 18.67.040(I)(1) states the following: Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC 18.124.070(D)(3). The street setback for buildings may be reduced, but not increased, to the average building setback distance of existing buildings on adjoining lots. 247-20-000502-TA Page 8 of 12 reflects both minimum and maximum front yards, staff recommends not including the word'minimum' to DCC 18.116.030(E)(5) to avoid any code conflicts (see attached Exhibit B, draft Ordinance 2020-017). Regarding the exception proposed for "properties fronting Spring River Road in the Spring River Rural Commercial Zone," it is important to note that the zoning ordinance has a corresponding provision for commercial development found in DCC 18.124.070(D), which is stated below. This regulation corresponds to what is referred to as a "build -to" line that requires a set distance (from the front lot line) a structure must adhere to regardless if a minimum setback is allowed in the zoning district. The purpose of this type of provision is to encourage pedestrian friendly developments. Given the vehicular speeds on Spring River Road, requiring a build -to line, it could present a danger to the public. For this reason, if any change is made to DCC 18.116.030(E)(5), staff recommends the following amendment to DCC 18.124.070(D) (see attached Exhibit C, draft Ordinance 2020-017): 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, properties fronting Spring River Road in the Spring River Rural Commercial Zone, ono Town Center (TC) District, and properties fronting Spring River Road in the Spring River Rural Commercial Zone, *"LF L n Dina � �gr- ►z,.rjPj2gg Q ( PgP) Disfriat The building(s) and any eaves, overhangs or awnings shall not interfere with the required clear vision area at corners or driveways. If the proposed amendments to DCC 18.116.030(E)(5) and 18.124.070(D) are approved, the applicant suggests removing references to those zoning districts that Deschutes County no longer regulates. Specifically, this includes the removal of La Pine UUC Business Park (LPBP) District and the La Pine UUC Industrial District (LPI) from these sections. Staff agrees and these changes are illustrated above. See Exhibits B and C of draft Ordinance 2020-017 (attached). IV. PLANNING COMMISSION RECOMMENDATION The Planning Commission conducted a public hearing on September 24, 2020 and deliberated on October 8. With the removal of industrial uses, the Commission recommended approval of the applicant's proposal and staff revisions (4-0; 3 absent). V. TRANSPORTATION ANALYSIS Senior Transportation Planner Peter Russell reviewed the application and findings concerning Statewide Land Use Planning Goal 12 and the Transportation Planning Rule (TPR). Mr. Russell found the application is in compliance with Goal 12 and the TPR, as the following comments' indicate: I have reviewed the transmittal materials of File 247-20-00502-TA to amend the Spring River Commercial zone, Deschutes County Code (DCC) 18.74.025(A), and the parking requirements of DCC 18.116, Supplementary Provisions. The text amendment would add office, retail, and 5 Mr. Russell's comments were provided prior to the applicant withdrawing the request to add "light industrial" use to the list of uses permitted outright in the Spring River RC Zone (see footnote 1). 247-20-000502-TA Page 9 of 12 industrial uses as outright permitted uses, while retaining the size limits of the zone, and allow parking in the front yard setback. A text amendment requires findings for Oregon Administrative Rule (OAR), aka the Transportation Planning Rule (TPR), on whether the proposed uses will have a significant effect as defined by OAR 660-012-0060. When a use is proposed to be added to a zone, the County compares the trip generation rates for outright permitted uses allowed currently vs. the trip generation rates of the proposed uses. The County uses the most current edition of the Institute of Traffic Engineers (ITE) Trip Generation Manual to compare the current and potential trip generations. DCC 18.74.025(A)(1) lists the outright permitted uses subject to site plan review. The highest trip generators are convenience store with gas pumps (DCC 18.74.025(A)(f) and fast food restaurant (DCC 18.74.025(A)(g)). These are ITE land use categories Convenience Market with Gasoline Pumps (Land Use #853) Fast -Food Restaurant with Drive -Through Window (Land Use #934). These would generate 624.20 weekday trips per 1,000 square feet and 470.95 weekday trips, respectively. I'd note the current Spring River zoning does not allow industrial uses. By contrast, Specialty Retail (Land Use #826 from ITE 9th edition), Small Office Building (Land Use #712), General Light Industrial (Land Use #110) generate weekday trips at much lower rates (44.32 trips per 1,000 square feet,16.19 per 1,000 square feet, 4.96 trips per 1,000 square feet, respectively) and were cited by the applicant's traffic engineer. Given the trip rates are lower than those uses already allowed outright in the zone, there is no significant effect as defined by the TPR and no further traffic analysis is needed. Regarding the proposed amendment to the front yard parking regulations of DCC 18.116.030(E)(5), which provides and exception for those properties fronting along Spring River Road in the Spring River RC Zone, Mr. Russel continues, "From a land use standpoint, the Spring River commercial zone is similar to [those listed in the] Sunriver and La Pine business parks. I have no adverse comments on the proposal to allow parking in the front yard."6 6 The Sunriver Business Park, DCC 18.108.110(A), permits outright the following uses: 1. Residential uses existing as of March 31, 1997. 2. Administrative, educational and other related facilities in conjunction with a use permitted outright. 3. Library. 4. Recreational path. 5. Post office. 6. Church in building or buildings not exceeding 5,000 square feet of floor area. 7. Child care facilities, nurseries, and/or preschools. 8. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination of Retail/rental store, office and service establishment, including but not limited to the following. a. Automobile, motorcycle, boat, recreational vehicle, trailer or truck sales, rental, repair or maintenance business, including tire stores and parts stores. b. Agricultural equipment and supplies. c. Car wash. d. Contractor's office, including but not limited to, building, electrical, plumbing, heating and air conditioning, painter, etc.. e. Construction equipment sales, rental and/or service. f. Exterminator services. g. Golf cart sales and service. 247-20-000502-TA Page 10 of 12 VI. PUBLIC AND AGENCY INPUT The Deschutes County Planning Commission held a public hearing on September 24, 2020. At the conclusion of the public hearing, the Commission closed the oral record and established October 1, 2020 as the deadline for the open record period for the submittal of written testimony. The following individuals or organizations provided written support of the proposal: Jenny Gregoriou, Century 21 Lifestyles Realty Scott Pence, Sunset Lodging David Jameson, ToyHouse Toys LLC Todd Cleveland, Environmental Health Supervisor did provide comments regarding wastewater in the Spring River RC Zone area. This property is served with an advanced onsite wastewater treatment system under an Oregon DEQ permit. The treated water is pumped to a final disposal site on a higher property nearby. The additional wastewater would have to be treated with that system to meet state standards. The groundwater in this area is very sensitive to additional loading from wastewater treatment systems. In some cases, even advanced treatment is not sufficient to provide long-term protections based on the USGS model. In addition, staff notes that the Spring River Commercial Zone is not exempt from Goal 11. Therefore, any new development in this zone that requires hooking into a community system will trigger a Goal 11 exception. VII. NEXT STEPS At the conclusion of the testimony, the Board can consider the following options: 1. Close the public hearing and written record, and begin deliberations; 2. Close the public hearing and leave the written record open to a date certain; or h. Lumber yard, home improvement or building materials store. i. Housekeeping and janitorial service. j. Dry cleaner and/or self-service laundry facility. k. Marine/boat sales and service. L Restaurant, bar and cocktail lounge including entertainment. p. Marijuana processing cannabinoid concentrates and cannabinoid products, subject to the provisions of DCC 18.116.330. q. Marijuana wholesaling, office only. There shall be no storage of marijuana items or products at the some location. 9. A building or buildings each not exceeding 20,000 square feet of floor space housing any combination of a. Scientific research or experimental development of materials, methods or products, including engineering and laboratory research. b. Light manufacturing, assembly, fabricating or packaging of products from previously prepared materials, including but not limited to cloth, paper, leather, precious or semi-precious metals or stones, etc. c. Manufacture of food products, pharmaceuticals and the like, but not including the production offish or meat products, or the rendering of fats and oils. d. Warehouse and distribution uses in a building or buildings each less than 10,000 square feet of floor area. 10. Employee housing structures. 247-20-000502-TA Page 11 of 12 3. Continue the public hearing to a date certain. Attachments Binder Document Item No. 2020-12-02 Ordinance 2020-017 DRAFT 25 2020-12-02 Ordinance 2020-017 DRAFT Exhibit A, Chapter 18.74 24 2020-12-02 Ordinance 2020-017 DRAFT Exhibit B, Chapter 18.116 23 2020-12-02 Ordinance 2020-017 DRAFT Exhibit C, Chapter 18.124 22 2020-12-02 Ordinance 2020-017 DRAFT Exhibit D, Findings 21 2020-11-23 Staff Presentation 20 2020-11-23 BCC Meeting Packet 19 2020-10-21 BCC Meeting Packet 18 2020-10-21 BCC Meeting Minutes 17 2020-10-08 PC Meeting Packet 16 2020-10-08 PC Meeting Minutes 15 2020-09-30 D. Jameson Letter 14 2020-09-24 PC Hearing Presentation -Staff 13 2020-09-24 PC Hearing Presentation -Applicant 12 2020-09-24 PC Hearing Packet 11 2020-09-24 PC Hearing Minutes 10 2020-09-10 PC Work Session Presentation -Staff 9 2020-09-10 PC Work Session Packet 8 2020-09-10 PC Work Session Minutes 7 2020-09-09 PC NOPH Bulletin Affidavit 6 2020-09-09 PC NOPH (Revised) 5 2020-09-01 PC NOPH 4 2020-07-28 S Pence Letter 3 2020-07-28 J Gregoriou Letter 2 2020-07-22 Application Materials 1 247-20-000502-TA Page 12 of 12 REVIEWED LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 18, Deschutes County Zoning to Permit a General Category of Retail/Rental Store, Office and Service Establishment as Use Permitted Outright * ORDINANCE NO. 2020-017 Subject to Site Plan Review and Provide Parking Exceptions to Certain Properties in the Spring River Rural Commercial Zone. WHEREAS, Spring River Plaza, LLC, applied to amend Title 18, Deschutes County Zoning, to allow for a general category of retail/rental store, office and service establishment as a use permitted outright subject to site plan review, clarify minimum front yard setbacks, and provide parking exceptions to certain properties in the Spring River Rural Commercial Zone; and ..'IIEREAS, after no tice .vas given :n accordance :x�,th appleable lax a pi�hlir hearing �x�ac held on September 24, 2020, before the Deschutes County Planning Commission ("Planning Commission"); and WHEREAS, on October 8, 2020, the Planning Commission forwarded to the Board of County Commissioners ("Board") a unanimous recommendation of approval; and WHEREAS, the Board considered this matter after a duly noticed public hearing on December 2, 2020, and concluded that the public will benefit from the proposed changes to the Deschutes County Code Title 18; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 18.74. Rural Commercial Zone, is amended to read as described in Exhibit "A", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str-iket4eugh. Section 2. AMENDMENT. DCC 18.116. Supplementary Provisions, is amended to read as described in Exhibit `B," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikes. Section 3. AMENDMENT. DCC 18.124. Site Plan Review, is amended to read as described in Exhibit "C," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str-ik g h. PAGE 1 OF 2 - ORDINANCE NO.2020-017 Section 4. FINDINGS. The Board adopts as its findings, Exhibit "D," attached hereto and by this reference incorporated herein. Dated this of , 2020 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PATTI ADAIR, Chair ANTHONY DeBONE, Vice Chair ATTEST: Recording Secretary PHILIP G. HENDERSON, Commissioner Date of 1st Reading: day of , 2020. Date of 2"d Reading: day of , 2020. Record of Adoption Vote: Commissioner Yes No Abstained Excused Patti Adair Anthony DeBone Philip G. Henderson Effective date: day of 52020. PAGE 2 OF 2 - ORDINANCE NO.2020-017 Chapter 18.74. RURAL COMMERCIAL ZONE 18.74.025. Uses Permitted — Spring River. A. Uses Permitted subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116 andl 8.124: 1. Retail/rental store, office, service establishment, or any combination thereof in a A -building or buildings not exceeding 2,500 square feet of floor space, to be used by any eemb „atie including but not limited to the following uses: a. Fishing supplies and equipment. b. Snowmobiling accessories. c. Marine accessories. d. General store. e. Hardware store. f. Convenience store with gas pumps. g Fast food r-e4a aat eafe,e ff e shopEating and drinking establishment. h. Recreational rental equipment store. i. Excavation business. j. Landscaping business/service. k. Health care service. 1. Beauty shop. m. Video store. en. Post office. pg. Party supply. qR. Equipment sales and rental. ra. Appliance store. sr. Bank. ts. Exterminator. Ott. Private mailing and packaging store. eau. Bakery. 2. Expansion of a nonconforming use listed in section A(1)(a-vu), existing as of 11/05/02, the date this chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the building as of said date, whichever is greater. 3. A building or buildings not exceeding 3,500 square feet of floor space to be used by any combination of the following uses: a Pet and livestock supply. b. Farm machinery sales and repair. 4. Expansion of a nonconforming use listed in section A(3)(a-b), existing as of 11/05/02, the date this chapter was adopted, shall be limited to 3,500 square feet of floor space or 25 percent of the size of the building as of said date, whichever is greater. B. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128: 1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any combination of the following uses: a. Full service gas station with automobile repair services. b. Welding shop. c. Mini -storage units_ d. Marijuana retailing, subject to the provisions of DCC 18.116.330. PAGE 1 OF 3 — EXHIBIT A TO ORDINANCE NO. 2020-017 2. Expansion of a nonconforming use listed in section B(1)(a-c), existing as of 11/05/02, the date this chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the building as of said date, whichever is greater. C. Definitions. For the purposes of DCC 18. 74.120, the following definitions shall apply: 1. Landscaping business/service: Includes designing landscapes, site grading and preparation, placing boulders, planting trees and shrubbery, installing sod, installing irrigation systems and equipment, installing fencing, and landscape maintenance, but does not include on -site cultivation of plants or plant materials or any on -site retail sales. 2. Health care service: A business providing the diagnosis, treatment and care of physical and/or mental disease, injury and/or disability, but not including a hospital facility or a nursing home as defined in DCC 18.04. 3. Beauty Shop: A full service beauty salon which would include haircuts, permanents, washes, nails, etc., and the retail sales of incidental beauty supplies typical of any beauty salon. 4. Mini -storage units: Self service mini -storage units of various sizes from 5' x 10' up to 12' x 24'. 5. Video store: The sale and rental of videotapes, compact disc movies and audio books. 6. Laundry and dry cleaners: Dry cleaners, shirt laundry and laundromat with self-service washers and dryers along with the sale of detergents, bleaches, etc. 7. Post office: United States Postal Service office including mail pick-up and distribution. 8. Party supply: The sale and rental of party supplies such as balloons, streamers, costumes, dishes, linens and silverware. 9. Equipment sales and rental: The rental of construction, home repair and maintenance equipment such as ladders, mowers, saws, gardening supplies, etc., and the sales of related equipment. 10. Appliance store: The sale and service of household appliances such as televisions, ranges, refrigerators, etc. 11. Bank: Full service consumer bank for checking, savings, loans, safety deposit boxes, etc. 12. Exterminator: Exterminator of insects and other pests such as rodents, spiders, etc. 13. Private mailing and packaging store: Private mail boxes and packaging services. which would include the holding and distribution of mail, packing, mailing supplies, FEDEX and UPS pick-up, and FAX and copy machine availability. 14. Bakery: The manufacture and sale of bread, donuts and pastries. 15. Pet and livestock supplies: The sale of pet supplies such as dog and cat food, collars, grooming needs, shelters and some large animal supplies such as hay, feeds and grains. (Ord. 2016-015 §7, 2016; Ord. 2015-004 §7, 2015; Ord. 2008-008 §1, 2008; Ord. 2006-008 §7, 2006; Ord. 2002-019 §2, 2002; Ord. 97-015 §1, 1997; Ord. 96-046 §1, 1996; Ord. 96-023 §l, 1996) 18.74.030. Development Standards. A. Yard Standards. 1. Front Yard. The front yard shall be a minimum of 20 feet for a property fronting on a local road right- of-way, 30 feet for a property fronting on a collector right-of-way and 80 feet for a property fronting on an arterial right-of-way. 2. Side Yard. A side yard shall be a minimum of 10 feet; except a lot or parcel with a side yard adjacent to land zoned exclusive farm use or forest use shall have a minimum side yard of 50 feet. 3. Rear Yard. The minimum rear yard shall be 20 feet, except a lot or parcel with a rear yard adjacent to land zoned exclusive farm use or forest use shall have a minimum side -rear yard of 50 feet. B. Existing Residential and Commercial Lots. On -site sewage disposal. For existing lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on -site sewage disposal rules prior to approval of a site plan or conditional use permit. C. New Lot Requirements PAGE 2 OF 3 — EXHIBIT A TO ORDINANCE NO. 2020-017 1. Residential Uses. a. The minimum lot size is one (1) acre. b. On -site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on -site sewage disposal rules prior to final approval of a subdivision or partition. e. 2. Commercial and Public Uses. a. The minimum lot size for a commercial use served by an on -site septic system and individual well or community water system shall be the size necessary to accommodate the use. b. Each lot shall have a minimum width of 150 feet. c. On -site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on -site sewage disposal rules prior to final approval of a subdivision or partition. D. Solar Setback. The setback from the north lot line shall meet the solar setback requirements in DCC 18.116.180. E. Building Code Setbacks. In addition to the setbacks set forth herein, any greater setbacks required by the applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. F. Lot Coverage. 1. Lot coverage for dwellings and accessory buildings used primarily for residential purposes shall not exceed twenty-five (25) percent of the total lot area. 2. Lot coverage for buildings used primarily for commercial and industrial purposes shall be determined by spatial requirements for sewage disposal, landscaping, parking, yard setbacks and any other elements under site plan review. 3. Primary and accessory buildings to be used for purposes other than residential, commercial or industrial shall not cover more than 30 percent of the total lot or parcel. G: Building Height., No building or structure shall be erected or enlarged to exceed thirty (30) feet in height; except as allowed under DCC 18.120.040. H. Off -Street Parking and Loading. Off-street parking and loading shall be provided subject to the provisions of DCC 18.116, Supplementary Provisions. I. Outdoor Lighting. All outdoor lighting on site shall be installed in conformance with DCC 15.10, Outdoor Lighting Control. J. Signs. All signs shall be constructed in accordance with DCC 15.08, Signs. (Ord. 2020-017 ,1� 2020 Ord. 2008-008 §1, 2008; Ord. 2007-007 § 1, 2007; Ord. 2006-008 §7, 2006; Ord. 2003-080 §1, 2003, Ord. 2002-019 §2, 2002) PAGE 3 OF 3 — EXHIBIT A TO ORDINANCE NO. 2020-017 Chapter 18.116. SUPPLEMENTARY PROVISIONS 18.116.030. Off-street Parking and Loading. A. Compliance. No building or other permit shall be issued until plans and evidence are presented to show how the off-street parking and loading requirements are to be met and that property is and will be available for exclusive use as off-street parking and loading. The subsequent use of the property for which the permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by DCC Title 18. B. Off -Street Loading. Every use for which a building is erected or structurally altered to the extent of increasing the floor area to equal a minimum floor area required to provide loading space and which will require the receipt or distribution of materials or merchandise by truck or similar vehicle, shall provide off-street loading space on the basis of minimum requirements as follows: 1. Commercial, industrial and public utility uses which have a gross floor area of 5,000 square feet or more shall provide truck loading or unloading berths subject to the following table: Sq. Ft. of Floor Area No. of Berths Required Less than 5,000 0 5,000-30,000 1 30,000-100,000 2 100,000 and Over 3 2. Restaurants, office buildings, hotels, motels, hospitals and institutions, schools and colleges, public buildings, recreation or entertainment facilities and any similar use which has a gross floor area of 30,000 square feet or more shall provide off-street truck loading or unloading berths subject to the following table: Sa. Ft. of Floor Area No. of Berths Required Less than 30,000 0 30,000-100,000 1 100,000 and Over 2 3. A loading berth shall contain space 10 feet wide, 35 feet long and have a height clearance of 14 feet. Where the vehicles generally used for loading exceed these dimensions, the required length of these berths shall be increased. 4. If loading space has been provided in connection with an existing use or is added to an existing use, the loading space shall not be eliminated if elimination would result in less space than is required to adequately handle the needs of the particular use. 5. Off-street parking areas used to fulfill the requirements of DCC Title 18 shall not be used for loading and unloading operations except during periods of the day when not required to take care of parking needs. C. Off -Street Parking. Off-street parking spaces shall be provided and maintained as set forth in DCC 18.116.030 for all uses in all zoning districts. Such off-street parking spaces shall be provided at the time a new building is hereafter erected or enlarged or the use of a building existing on the effective date of DCC Title 18 is changed. D. Number of Spaces Required. Off-street parking shall be provided as follows: 1. Residential. Use Requirements One, two and three 2 spaces per dwelling family dwellings unit PAGE 1 OF 6 - EXHIBIT B TO ORDINANCE NO. 2020-017 Use Requirements Multi -family dwelling containing four or more dwelling units: Studio or efficiency 0.75 space per unit unit 1 bedroom 1.00 space per unit 2 bedroom 1.50 space per unit 3 bedroom 2.25 space per unit 4 bedroom 2.50 space per unit Apartment/hotel, 0.50 space guest rooming or boarding parking per dwelling house unit Quad or quint dwelling 4.50 spaces per quad and 5.50 spaces per quint 2. Commercial Residential. Use Requirements Hotel 1 space per guest room plus 1 space per 2 employees. Motel 1 space per guest room or suite plus 1 additional space for the owner -manager Club or lodge Spaces to meet the combined requirements of the uses being conducted such as hotel, restaurant, auditorium, etc. Fraternity, sorority or 1 space for each 6 dormitory student beds 3. Institutions. Use Requirements Welfare or correctional 1 space per 3 beds for institution patients or inmates Convalescent Hospital, 1 space per 2 beds for nursing hospital, patients or residents sanitarium, rest home, home for the aged Hospital 1.50 spaces per bed 4. Places Of Public Assembly. Use I Requirements PAGE 2 OF 6 - EXHIBIT B TO ORDINANCE NO. 2020-017 Religious 1 space per 4 seats or 8 feet institutions or of bench length in the main assemblies auditorium or 1 space for each 50 sq. ft. of floor area used for assembly Library, reading 1 space per 400 sq. ft. of room, museum, art floor area plus 1 space per gallery 2 employees Preschool, nursery 2 spaces per teacher or kindergarten Elementary or 1 space per 4 seats or 8 feet junior high schools of bench length in auditorium or assembly room, whichever is greater, plus 1 space per employee. High schools 1 space for each 6 students or 1 space per 4 seats or 8 feet of bench length in the main auditorium, whichever is greater, plus 1 space per employee College or 1 space per 3 seats in commercial school classrooms for adults Other auditorium 1 space per 4 seats or 8 feet or meeting room of bench length. If no fixed seats or benches, i space per 60 sq. ft. of floor space. 5. Commercial Amusements. Use Requirements Stadium, arena or 1 space per 4 seats or 8 theater feet of bench length Bowling alley 6 spaces per lane, plus 1 space per 2 employees Dance hall or skating 1 space per 100 sq. ft. rink of floor area, plus 1 space per 2 employees. 6. Commercial. Use Requirements Grocery stores of 1,500 1 space per 300 sq. ft. sq. ft. or less of gross of gross floor areas floor area, and retail stores, except those selling bulky merchandise Supermarkets, grocery 1 space per 200 sq. ft. stores of gross floor area PAGE 3 OF 6 - EXHIBIT B TO ORDINANCE NO. 2020-017 Service or repair shops, 1 space per 600 sq. ft. retail stores and outlets of gross floor area selling furniture, automobiles or other bulky merchandise where the operator can show the bulky merchandise occupies the major area of the building Bank or office, except 1 space per 300 sq. ft. medical or dental of gross floor area Medical and dental 1 space per 150 sq. ft. office or clinic of gross floor area Eating or drinking 1 space per 100 sq. ft. establishments of gross floor area. Mortuaries 1 space per 4 seats or 8 ft. of bench length in Chapels 7. Industrial. Use Requirements Manufacturing 1 space per employee establishment on the largest working shift Storage warehouse, 1 space per 2,000 sq. ft. wholesale of floor area establishment, rail or trucking freight terminal 8. Airport Uses. Use Requirements Hangars or tie -downs 1 space per 4 private aircraft occupying a hangar or tie -down space Office 1 space per 300 sq. ft. of gross floor area Aircraft maintenance 1 space per 1,000 sq. ft. of gross floor area Manufacturing, 1 space per 500 sq. ft. of assembly, research 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. PAGE 4 OF 6 - EXHIBIT B TO ORDINANCE NO. 2020-017 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 properties fronting Spring River Road in the Spring River Rural Commercial Zonean tarm-iv ba r Pine � 'T T BusinessPaFk ( PBP) Distriet and the r . pine UUG ( PI), but such space may be located within a required side or rear yard. 6. On -Street Parking Credit. Notwithstanding DCC 18.116.030(G)(2), within commercial zones in the La Pine Planning Area and the Terrebonne and Tumalo unincorporated communities, the amount of required off-street parking can be reduced by one off-street parking space for every allowed on -street parking space adjacent to a property up to 30% of the required off-street parking. On -street parking shall follow the established configurations in the parking design standards under DCC 18.116.030 Table 1. To be considered for the parking credit, the proposed parking surface, along the street frontage under review, must have a defined curb line and improved as required under DCC 17.48, with existing pavement, or an engineered gravel surface. For purposes of establishing credit, the following constitutes an on -street parking space: a. Parallel parking (0 degree), each 20 feet of uninterrupted curb; b. Diagonal parking (60 degree), each with 11 feet of curb; c. Perpendicular parking (90 degree), each with 10 feet of curb; d. Curb space must be connected to the lot that contains the use; e. Parking spaces that would not obstruct a required clear vision area, nor any other parking that violates any law or street standard; and f. On -street parking spaces credited for a specific use may not be used exclusively by that use, but shall be available for general public use at all times. No signs or actions limiting general public use of on -street spaces are permitted. F. Development and Maintenance Standards for Off -Street Parking Areas. Every,parcel of land hereafter used as a public or private parking area, including commercial parking lots, shall be developed as follows: PAGE 5 OF 6 — EXHIBIT B TO ORDINANCE NO. 2020-017 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. 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. 2020-017 2 2020. Ord. 2020-001 § 14, 2020; 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) PAGE 6 OF 6 - EXHIBIT B TO ORDINANCE NO. 2020-017 Chapter 18.124. SITE PLAN REVIEW 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. 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. PAGE 1 OF 3 - EXHIBIT C TO ORDINANCE NO. 2020-017 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. 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 WC Business Park (BP) District and Town Center (TC) District and properties fronting Spring River Road in the Spring River Rural Commercial 7onefi.#c� 1,.a Pire 14 G Busi;,eslli Par;E ( PBP) Dist ;^*. The building(s) and any eaves, overhangs or awnings shall not interfere with the required clear vision area at corners 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. PAGE 2 OF 3 — EXHIBIT C TO ORDINANCE NO. 2020-017 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. 2020-017 §3, 2020; 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) PAGE 3 OF 3 — EXHIBIT C TO ORDINANCE NO. 2020-017 FINDINGS FILE NUMBER: 247-20-000502-TA APPLICANT: Spring River Plaza, LLC (Richard Hadley) CONSULTANT: Greg Blackmore, Blackmore Planning and Development Services, LLC REQUEST: Text Amendments to the Deschutes County Code Chapters 18.74, Rural Commercial Zone — Spring River; 18.116, Supplementary Provisions, and 18.124, Site Plan Review. STAFF CONTACT: Cynthia Smidt, Associate Planner I. APPLICABLE CRITERIA Deschutes County Code (DCC) Title 18, Deschutes County Zoning Ordinance Chapter 18.74. Rural Commercial Zone — RC Chapter 18.116. Supplementary Provisions Chapter 18.124. Site Plan Review Chapter 18.136. Amendments Title 22, Deschutes County Development Procedures Ordinance Chapter 2.12. Legislative Procedures Deschutes County Comprehensive Plan Chapter 1. Comprehensive Planning Chapter 2. Resource Management Chapter 3. Rural Growth Management Chapter 4. Urban Growth Management Chapter 5. Supplemental Sections Appendix C. Transportation System Plan Oregon Administrative Rules (OAR), Chapter 660 Division 12, Transportation Planning Division 15, Statewide Planning Goals II. FINDINGS OF FACT A. BACKGROUND: The Rural Commercial plan designation and associated zoning, applies to specific properties that are located outside unincorporated communities and urban growth boundaries. Spring River is one of five rural commercial designations found in Deschutes County. Others include Deschutes Junction, Deschutes River Woods Store, Pine Forest, and Rosland. The Rural Commercial zones are limited in size and scope, and are intended to serve the immediate rural area and any visitors. Prior to the Rural Commercial designation, the 1979 Comprehensive Plan designated these areas as Rural Service Centers. In 1994, a new Oregon Administrative Rule (OAR), 660 Division 22, was adopted to clarify what uses could be allowed in unincorporated communities without violating Statewide Planning Goal 11, Public Facilities and Services, and 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 '(541)388-6575 @cdd@deschutes.org @www.deschutes.org/cd Goal 14, Urbanization.' The Unincorporated Communities Rule of 660-022 identified four different types of rural communities: Resort Community; • Rural Community; and Urban Unincorporated Community; • Rural Service Center. Deschutes County was required to review existing rural service centers for compliance with OAR 660-022. Three Rural Service Centers — Deschutes Junction, Deschutes River Woods Store and Spring River — were given a new plan designation of Rural Commercial since these areas no longer qualified as a Rural Service Center. The County also applied the same plan designation to the Rosland (2002) and Pine Forest (2007) commercial centers. Exceptions to Goals 3 or 4 were not taken to any of these areas as a result of the change in designation from Rural Service Center to Rural Commercial. Moreover, the Rural Commercial designation only applied to acknowledged exception areas. Deschutes County's Comprehensive Plan policies and zoning standards, addressed below, restrict commercial uses to those that are rural as required in Goal 14, Urbanization. They are less intensive than those uses permitted in other unincorporated communities. B. RURAL COMMERCIAL ZONE — SPRING RIVER: The Spring River RC Zone includes 17 lots, encompassing 9.16 acres.' Three roads bound the area: Spring River Road, Azusa Road, and Lunar Drive. Rural residential lands adjoin it. As for the existing businesses, a series of tables identify each property with addresses, associated land use file numbers, description, and notes. Following each table is a correlating figure with associated property addresses. TABLE 1— Properties fronting on Spring River Road Address Land Use File Description Notes Number(s) Fill/Removal material for 17333 Cnrinu River Rd. 2.47-20-000529-C",U driveway in wetlands Manned wetlands present. (active permit) 17341 Spring River Rd. -- Undeveloped Mapped wetlands present 17347 Spring River Rd. Undeveloped -- 17353 Spring River Rd. Current approved uses Commercial building SP0446/MA0410 include: convenience store, established in 1972 and has SP9580 fast food restaurant, undergone various 17355 Spring River Rd. SP9043 recreational rental modifications CU8864/SP8840 equipment, office and Parking approved outside of storage space front yard (DCC 18.116.030(E)(5)) 17363 Spring River Rd. SP0450 Restaurant Parking approved within front yard 17371 Spring River Rd. -- undeveloped -- 17377 Spring River Rd. SP9561 Current approved use: Parking approved within front thrift store (retail) yard htips:Hsecure. sos. state. or.us/oard/disl2layDivisionRules. action?selectedDivision=3072 z The Spring River Rural Commercial Zone includes a Limited Use Combining Zone (LU). The LU Zone, DCC Chapter 18.112, limits the permitted uses and general activities allowed in the underlying zone when a parcel is rezoned to that particular underlying zone through the taking of an exception to a Statewide land use planning goal. The LU does not apply in this case since the applicant is only proposing text amendments to DCC 18.74.025, 030 and 18.116.030. PAGE 2 OF 19 — EXHIBIT D TO ORDINANCE NO. 2020-017 FIGURE 1— Properties fronting on Spring River Road TABLE 2 — Properties fronting on Lunar Drive and Spring River Drive or Azusa Road Address Land Use File Number(s) Description Notes Commercial building 247-17-000758-CU established in 1971 and has 247-17-000759-SP Current approved use: undergone various 56789 Lunar Dr. 247-15-000557-SP marijuana retail and modifications SP9020 associated office space Recognized as a nonconforming CU85100/SP8556 use; parking is approved within front yard adjacent to Lunar Dr Current approved use: 3-unit commercial building Parking approved outside of 56771 Lunar Dr. SP9529/LM9561 approved for two retail/ front yard adjacent to Azusa rental businesses and one Rd. and Lunar Dr. service/repair shop PAGE 3 OF 19 — EXHIBIT D TO ORDINANCE NO. 2020-017 FIGURE 2 — Properties fronting on Lunar Drive and Spring River Drive or Azusa Road TABLE 3 — Properties fronting on Azusa Road Address Land Use File Description Notes Number(s) 56775 Lunar Dr. -- undeveloped -- Warehouse building established SP0612 Current approved use: in 1990 56777 Lunar Dr. SP9020 Warehouse for landscape Parking approved outside of business front yard adjacent to Azusa Rd. 17340 Azusa Rd. -- Undeveloped -- Current approved use: Parking approved outside of 17330 Azusa Rd. SP0230/LM02136 excavation business front yard adjacent to Azusa (primarily equipment Rd. storage and dispatching) Current approved use: Parking approved outside of 17324 Azusa Rd. SP0455/LM04237 excavation business (primarily equipment front yard adjacent to Azusa storage and dispatching) Rd. 17318 Azusa Rd. -- Undeveloped -- PAGE 4 OF 19 — EXHIBIT D TO ORDINANCE NO. 2020-017 Address Land Use File Description Notes Number(s) Current approved use: Parking approved outside of 17310 Azusa Rd. SP0019 landscaping business front yard adjacent to Azusa Rd. FIGURE 3 — Properties fronting on Azusa Road C. PROPOSED AMENDMENTS: According to the applicant, the purpose of the proposed text amendments are to address changing demands in the surrounding area and "improve employment and economic opportunities." Moreover, the applicant indicates that the provisions found within the County Code and Spring River RC Zone "severely hinder the ability to efficiently develop the property, provide employment opportunities, and provide commercial amenities and services." The text amendments will include uses that have the same or similar impacts (e.g. wastewater, transportation, and parking) to those uses that are currently permitted in the zone. Additionally, the proposal revises County Code language to allow fixture development to be consistent with existing development patterns in the same area. The applicable Oregon Administrative Rules, and applicable policies of the Deschutes County Comprehensive Plan, including the Transportation System Plan (TSP), are addressed below in this report. The following summarizes each proposed amendment to the DCC. Proposed amendments are shown in str-ikeeut for language to be deleted, and underline for language to be added in Exhibits A, B, and C. 1. Spring River Rural Commercial Zone Amendments Exhibit A shows the following amendments to the Spring River RC Zone: • Adds office and retail businesses to the outright permitted uses subject to site plan review. • Clarifying language to the "minimum" front yard standards for new development. The applicant states that because the term minimum is not present in County Code, it lends itself to be interpreted, as minimum and a maximum, and thus a building must be at the front yard of 80 feet, based on the Spring River Road classification of rural arterial. Therefore, their proposal to clarify the setback is a minimum. 2. Front Yard Parking Standards Amendments PAGE 5 OF 19 - EXHIBIT D TO ORDINANCE NO. 2020-017 Deschutes County Code prohibits parking and loading spaces within the front yard, except when located in the districts and zones specified under DCC 18.116.030(E)(5), detailed below. The applicant is proposing in Exhibit B to add the Spring River RC Zone to the list of exception areas. In addition to the front yard clarification described above, the applicant proposes to clarify the minimum front yard in this section as well. 3. Site Plan Review Amendments Deschutes County Code requires new commercial buildings to be sited at the front yard setback line, except when located in the districts and zones specified under DCC 18.124.070(D), detailed below. Exhibit C shows the addition of Spring River RC Zone to the list of exception areas. D. PUBLIC AGENCY COMMENTS: The Planning Division mailed notice to several agencies and received the following comments. Deschutes County Transportation Planner: Senior Transportation Planner Peter Russell reviewed the application and findings concerning Statewide Land Use Planning Goal 12 and the Transportation Planning Rule. Mr. Russell found the application complies with Goal 12 and the TPR. Deschutes County Environmental Soils Division: Todd Cleveland, Environmental Health Supervisor did provide the following comments to staff regarding wastewater in the Spring River RC Zone area. This property is served with an advanced onsite wastewater treatment system under an Oregon DEQ permit. The treated water is pumped to a final disposal site on a higher property nearby. The additional wastewater would have to be treated with that system to meet state standards. The groundwater in this area is very sensitive to additional loading from wastewater treatment systems. In some cases, even advanced treatment is not sufficient to provide long-term protections based on the USGS model. In addition, staff notes that if multiple properties are proposed to be served with one onsite wastewater system, it would require a Goal 11 exception. E. PUBLIC COMMENTS: The Planning Division mailed notice of the proposed text amendments to all property owners within the Spring River RC Zone and the surrounding area. The following individuals or organizations provided written support of the proposal: • Jenny Gregoriou, Century 21 Lifestyles Realty • Scott Pence, Sunset Lodging • David Jameson, ToyHouse Toys LLC III. CONCLUSIONS OF LAW: In order to approve the land use regulation (text) amendment request, the proposal must comply with the criteria found in statutes and their implementing administrative rules, County comprehensive plan, and land use procedures ordinance.' Each of these approval criteria is addressed in the findings below. Title 18, Deschutes County Zoning Ordinance Chapter 18.74. RURAL, COMMERCIAL ZONE — RC 1. Section 18.74.010. Purpose. 3 The proposed text amendment is not changing the comprehensive plan and thus Oregon Statewide Planning Goals and Guidelines are not addressed in these findings. PAGE 6 OF 19 — EXHIBIT D TO ORDINANCE NO. 2020-017 The purpose of this chapter is to establish standards and review procedures for development in the Rural Commercial Zone. The Rural Commercial (RC) zone provisions implement the comprehensive plan policies for rural commercial development and associated uses outside of unincorporated communities and urban growth boundaries. FINDING: This purpose statement does not include any approval criteria. 2. Section 18.74.025. Uses Permitted — Spring River A. Uses Permitted subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC18.1l6and18.124: 1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any combination of the following uses: a. Fishing supplies and equipment. b. Snowmobiling accessories. c. Marine accessories. d. General store. e. Hardware store. f. Convenience store with gas pumps. g. Fast food restaurant, cafe, or coffee shop. h. Recreational rental equipment store. i. Excavation business. j. Landscaping business/service. k. Healthcare service. 1. Beauty shop. in. Video store. o. Post office. p. Party supply. q. Equipment sales and rental r. Appliance store. s. Bank t. Exterminator u. Private mailing an packaging store v. Bakery 2. Expansion of a nonconforming use listed in section A(])(a-v), existing as of 11105102, the date this chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the building as of said date, whichever is greaten 3. A building or buildings not exceeding 3,500 square feet of floor space to be used by any combination of the following uses: a Pet and livestock supply. b. Farm machinery sales and repair. 4. Expansion of a nonconforming use listed in section A(3)(a-b), existing as of 11105102, the date this chapter was adopted, shall be limited to 3,500 square feet of floor space or 25 percent of the size of the building as of said date, whichever is greater. B. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128. 1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any combination of the following uses: a. Full service gas station with automobile repair services. b. Welding shop. c. Mini -storage units d. Marijuana retailing, subject to the provisions of DCC 18.116.330. PAGE 7 OF 19 - EXHIBIT D TO ORDINANCE NO. 2020-017 2. Expansion of a nonconforming use listed in section B(1)(4-c), existing as of 11105102, the date this chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the building as of said date, whichever is greater. FINDING: The applicant proposed an amendment to the Spring River RC Zone to add general categorical uses of office and retail businesses to the outright permitted uses subject to site plan review. The proposal does not include new development, so the use provisions of this section are not directly applicable to the application. Beyond the amendments proposed by the applicant, DCC 18.74.025, the Board finds additional amendments are appropriate to address the following issues: 1. Provide code language that will be more inclusive of all retail, rental, and service establishment uses that are already permitted in the Spring River RC Zone. 2. Use of "eating and drinking establishment" code language to be consistent with the off-street parking standards found in DCC 18.116.030(D)(6). Considering the above issues, coupled with formatting issues (the list skips the letter `n'); the Board finds broadly defined uses in this area will allow for local -serving and local -demanded uses in a rural community 3. Section 18.74.030. Development Standards. A. Yard Standards. 1. Front Yard. The front yard shall be 20 feet for a property fronting on a local road right-of-way, 30 feet for a property fronting on a collector right-of-way and 80 feet for a property fronting on an arterial right-of-way. 2. Side Yard. A side yard shall be a minimum of 10 feet, except a lot or parcel with a side yard adjacent to land zoned exclusive farm use or forest use shall have a minimum side yard of 50 feet. 3. Rear Yard. The minimum rear yard shall be 20 feet, except a lot or parcel with a rear yard adjacent to land zoned exclusive farm use or forest use shall have a minimum side yard of 50 feet. FINDING: Unlike the side and rear yard setback standards of this section, which specifically state the setbacks are a "minimum", the front yard setback standard of this section does not state that it is a "minimum" required setback. The Board finds without the term "minimum", the front yard criterion could be interpreted as both a minimum and a maximum. The applicant proposed that "minimum" be added to subsection (A)(1). Yard requirements and setbacks assist with public health and safety aspects of development, and provide community value and aesthetics. Deschutes County Code has included yard and setback requirements since the adoption in 1972 of Public Law 5 (PL-5), the predecessor to PL-15 and eventually Title 18. Yard and setback, as defined in the DCC, creates an open space on a lot, which is unobstructed from the ground upward. For this reason, yards identify the nearest point where a structure is permitted to be located. Consequently, yards and setbacks are a minimum setback, unless otherwise specified. For example, Tumalo and Terrebonne commercial zoning districts are the exception because those districts specifically state the front yard and setback is a maximum.' The Board finds this amendment is appropriate, but alters the location of the tern "minimum" as shown in Exhibit A. In addition, the Board recognizes the need to correct DCC 18.74.030(A)(3), Rear Yard, which includes an erroneous reference to side yard. This amendment is also shown in Exhibit A. a For example, DCC 18.67.040(I)(1) states the following: Front Yard. The front yard shall be a maximum of I S feet, except as otherwise allowed by DCC 18.124.070(D)(3). The street setback for buildings may be reduced, but not increased, to the average building setback distance of existing buildings on adjoining lots. PAGE 8 OF 19 — EXHIBIT D TO ORDINANCE NO. 2020-017 B. Existing Residential and Commercial Lots. On -site sewage disposal. For existing lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on -site sewage disposal rules prior to approval of a site plan or conditional use permit. C. New Lot Requirements 1. Residential Uses. a. The minimum lot size is one (1) acre. b. On -site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on -site sewage disposal rules prior to final approval of a subdivision or partition. C. 2. Commercial and Public Uses. a. The minimum lot size for a commercial use served by a non -site septic system and individual well or community water system shall be the size necessary to accommodate the use. b. Each lot shall have a minimum width of 150 feet. c. On -site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on -site sewage disposal rules prior to final approval of a subdivision or partition. D. Solar Setback. The setback from the north lot line shall meet the solar setback requirements in DCC 18.116.180. E. Building Code Setbacks. In addition to the setbacks set forth herein, any greater setbacks required by the applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. F. Lot Coverage. L. Lot coverage for dwellings and accessory buildings used primarily for residential purposes shall not exceed twenty-five (25) percent of the total lot area. 2. Lot coverage for buildings used primarily for commercial and industrial purposes shall be determined by spatial requirements for sewage disposal, landscaping, parking, yard setbacks and any other elements under site plan review. 3. Primary and accessory buildings to be used for purposes other than residential, commercial or industrial shall not cover more than 30 percent of the total lot or parcel. G. Building height. No building or structure shall be erected or enlarged to exceed thirty (30) feet in height, except as allowed under DCC 18.120.040. H. Off -Street Parking and Loading. Off-street parking and loading shall be provided subject to the provisions of DCC18.116, Supplementary Provisions. L Outdoor Lighting. All outdoor lighting on site shall be installed in conformance with DCC 15.10, Outdoor Lighting Control. J. Signs. All signs shall be constructed in accordance with DCC15.08, Signs. FINDING: The Board is correcting scrivener errors that exist in these sections of DCC; which includes removing the unused subsection "c" under subsection (1)(C) and removing the extra period () in subsection (F)(1). Chapter 18.116. SUPPLEMENTARY PROVISIONS 4. Section 18.116.030. Off street Parking and Loading. E. General Provisions. Off -Street Parking. 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. PAGE 9 OF 19 - EXHIBIT D TO ORDINANCE NO. 2020-017 FINDING: According to the applicant, it is unclear whether this criterion prohibits parking in a minimum setback area, a maximum setback area, or both. Therefore, the applicant proposes to add the term "minimum" to clarify the prohibition applies to a "...required minimum front yard..." In addition to this clarification, the applicant proposes an exception for those properties fronting on Spring River Road. The reason for the requested exception is an acknowledgment of the existing development pattern along Spring River Road. Staff notes all of the developed properties along Spring River Road have parking within what would be the required front yard setback area of 80 feet. The applicant argues the exception will allow property owners to develop their property in an efficient manner that is consistent with the development pattern that exists along the Spring River Road corridor. As noted previously, yard requirements and setbacks are not new. This is true with the regulation that prohibits parking and loading spaces in the front yard, DCC 18.116.030(E)(5), which has been present in DCC since at least the adoption of PL-15 in 1979. In addition, unless otherwise stated, front yards and setbacks identified in Title 18, Zoning Ordinance, are considered a minimum. As noted previously, Tumalo and Terrebonne commercial zoning districts are the exception in that they include a maximum front yard. Because the County Code reflects both minimum and maximum front yards, the Board finds adding the term `minimum' to DCC 18.116.030(E)(5) will create conflicts within the code that would necessitate additional amendments specific to the Tumalo and Terrebonne commercial zoning districts. Otherwise, the Board agrees with the applicant that those properties fronting along Spring River Road in the Spring River RC Zone should be afforded an exception to these requirements and thus approves this aspect of the amendment. As suggested by the applicant, the Board agrees the proposed amendment to DCC 18.116.030(E)(5) provides an opportunity to remove references to the La Pine UUC Business Park (LPBP) District and the La Pine UUC Industrial District (LPI), which Deschutes County no longer regulates. Chapter 18.124. SITE PLAN REVIEW 5. Section 18.124.070, Required Minimum Standards. 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 corners or driveways. FINDING: Regarding the exception proposed for "properties fronting Spring River Road in the Spring River Rural Commercial Zone" discussed above in DCC 18.116.030(E)(5), it is important to note the zoning ordinance has a corresponding provision for commercial development found in DCC 18.124.070(D). This regulation is commonly referred to as a "build -to" line. This type of standard requires buildings to be placed at the front yard setback to encourage pedestrian friendly developments. Given the vehicular speeds on Spring River Road, the Board recognizes a build -to line could present a danger to the public. For this reason, the exceptions listed in this criterion will be expanded to include those properties fronting on Spring River Road in the Spring River Rural Commercial Zone. This is similar to the amendment adopted for DCC 18.116.030(E)(5), detailed above. In addition, the Board finds the amendment to DCC 18.124.070(D) provides same opportunity to remove references to the La Pine UUC Business Park (LPBP) District, which Deschutes County no longer regulates. Chapter 18.136. AMENDMENTS 6. Section 18.136.010. Amendments. DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or legislative map changes shall be as set forth in DCC 22.12. A request by a property owner for a quasi-judicial map amendment shall PAGE 10 OF 19 - EXHIBIT D TO ORDINANCE NO. 2020-017 be accomplished by filing an application on forms provided by the Planning Department and shall be subject to applicable procedures of DCC Title 22. FINDING: As detailed below, the provisions of DCC 18.136 apply to "Rezoning" and, therefore, are not applicable to the currently proposed text amendment. The proposal is being reviewed under the procedures of DCC Title 22. 7. Section 18 136.020. Rezoning Standards and Section 18.136.030. Resolution of Intent to Rezone FINDING: The proposal does not include a rezone. Therefore, these sections do not apply. Title 22, Deschutes County Development Procedures Ordinance Chapter 2.12. LEGISLATIVE PROCEDURES 8. Section 22.12.010. Hearing Required. No legislative change shall be adopted without review by the Planning Commission and a public hearing before the Board of County Commissioners. Public hearings before the Planning Commission shall be set at the discretion of the Planning Director, unless otherwise required by state law. FINDING: The Planning Commission and Board both held public hearings. 9. Section 22.12.020. Notice. A. Published Notice 1. Notice of a legislative change shall be published in a newspaper ofgeneral circulation in the county at least 10 days prior to each public hearing. 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. FINDING: Notice was published in the Bend Bulletin newspaper. This criterion was met. B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. FINDING: This criterion was met when notice was posted on the bulletin board in the lobby of the Deschutes County Community Development Department, 117 NW Lafayette, Bend. C. Individual Notice. Individual notice to property owners, as defined in DCC 22.08.010(A), shall be provided at the discretion of the Planning Director, except as required by ORS 215.503. FINDING: The proposed legislative amendments do not apply to any specific property. However, individual notices were sent to all properties within the Spring River RC Zone. D. Media Notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. FINDING: Notice was provided to the County public information official for wider media distribution. This criterion was met. 10. Section 22.12.030. Initiation of Legislative Changes. PAGE 11 OF 19 - EXHIBIT D TO ORDINANCE NO. 2020-017 A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of County Commissioners. FINDING: The application was initiated by the Spring River Plaza, LLC, upon payment of the required fee. This criterion has been met. 11. Section 22.12.040. Hearings Body A. The following shall serve as hearings or review body for legislative changes in this order. 1. The Planning Commission. 2. The Board of County Commissioners. B. Any legislative change initiated by the Board of County Commissioners shall be reviewed by the Planning Commission prior to action being taken by the Board of Commissioners. FINDING: These criteria were met because the Planning Commission and Board both reviewed the legislative amendments. 12. Section 22.12.050. Final Decision All legislative changes shall be adopted by ordinance. FINDING: The proposed legislative changes included in File no. 247-20-000502-TA are implemented by Ordinance 2020-017. Deschutes County Comprehensive Plan Chapter 1 COMPREHENSIVE PLANNING 13. Section 1.2 Community Involvement FINDING: The Community Involvement section describes the Community Involvement program in Deschutes County. The Goals and Policies of this section strive to ensure an active and open community involvement program. The application is being processed in accordance with the procedures in the adopted Deschutes County Procedures Ordinance, which implement these Goals and Policies, as well as all applicable State Statutes and Rules. The review of this application involved notification, opportunities for comment, and two public hearings — one before the Planning Commission and one before the Board of County Commissioners. This text amendment application has been processed in accordance with the adopted Deschutes County Land Use Procedures Ordinance, which ensured consistency with the Goals and Policies of this Section. 14. Section 1.3 Land Use Planning Goals and Policies Goal I Maintain an open and public land use process in which decisions are based on the objective evaluation of facts. FINDING: This section details land ownership in Deschutes County, jurisdictional authority within the County, Comprehensive Plan designations, zoning, and intergovernmental coordination. As it relates to the current text amendments, this section requires that the land use decision be made "based on an adequate factual basis". The adopted and acknowledged Deschutes County Zoning Ordinance and Deschutes County Land Use Procedures Ordinance have been adopted to ensure decisions are based upon a factual basis. The application is being processed in accordance with the adopted Land Use Procedures Ordinance, which is consistent with these Goals and Policies, as well as all applicable State Statutes and Rules. Processing the application in accordance with the adopted Zoning and Land Use Procedures Ordinances will ensure consistency with the Goals and Policies of this Section. PAGE 12 OF 19 - EXHIBIT D TO ORDINANCE NO. 2020-017 Chapter 2 RESOURCE MANAGEMENT 15. Section 2.1 Introduction Purpose The concept of sustainability is that resources used today should be managed so that there are still resources available for future generations. Sustainability encourages balancing economic, environmental and social concerns. The Deschutes County Comprehensive Plan has long acknowledged this through policies that require new development to consider the carrying capacity of environment. The purpose of the Resource Management chapter is to effectively manage Deschutes County's agricultural, forest, natural and cultural resources to meet the needs of today while retaining their value for future generations. These resources include: FINDING: Resources identified in this Chapter include: • Agricultural Lands • Forest Lands • Goal 5 Resources • Water Resources • Wildlife Resources • Open Space, Scenic Views and Sites • Energy Resources • Environmental Quality • Mineral and Aggregate Resources • Historic and Cultural Resources rr- c�__W._- n.__.... 1 t 1......to.7 'tl.;,-, T?„«nl (`.,,v„-r.ovv.; 1 '7 Tlia r.r�^,".^,3ed changes the J1J1111g' Rive rural commierclal area is loca located witluu a'Rula. �.vllua.ercial c_.vne. e i Y gv will not impact Agricultural or Forest resource lands, Goal 5 Resources, Water Resources, Wildlife Resources, Open Space, Scenic Views and Sites, Energy Resources, Environmental Quality, Mineral and Aggregate Resources, or Historic and Cultural Resources. Furthermore, Goals and Policies of these sections are implemented through development standards of the Deschutes County Zoning Ordinance, along with actions of Deschutes County. Allowing new uses, clarifying setback provisions, and modifying the location of parking in the Spring River RC Zone will not impact any resource land or any of the resources referenced in this Chapter. Chapter 3 RURAL GROWTH MANAGEMENT 16. Section 3.1 Introduction Purpose The purpose of the Rural Growth Management chapter is to coordinate with other chapters of this Plan to maintain the quality of life enjoyed by rural residents. FINDING: This Chapter addresses development within rural portions of Deschutes County, including Rural Commercial lands. The amended code language will allow for a consistent pattern of development in the Spring River RC Zone, which is specifically addressed in this Chapter. A complete list of the relevant policies of this chapter is included below: 17. Section 3.4 Rural Economy Goal and Policies Goal 1 Maintain a stable and sustainable rural economy, compatible with rural lifestyles and a healthy environment. PAGE 13 OF 19 — EXHIBIT D TO ORDINANCE NO. 2020-017 Policy 3.4.1 Promote rural economic initiatives, including home -based businesses, that maintain the integrity of the rural character and natural environment. a. Review land use regulations to identify legal and appropriate rural economic development opportunities. Policy 3.4.2 Work with stakeholders to promote new recreational and tourist initiatives that maintain the integrity of the natural environment. Policy 3.4.7 Within the parameters of State land use regulations, permit limited local -serving commercial uses in higher -density rural communities. FINDING: The text amendment proposal is submitted by a property owner, one who owns multiplied properties in the Spring River RC Zone. The Board recognizes the applicant is a significant stakeholder in the area and their development will affect the future aesthetic of the Spring River Corridor of the Spring River RC Zone. The setback and parking location revisions will not impact uses. Instead, these amendments will allow for efficient development on existing properties, which will facilitate development (and available employment and service opportunities) in the near term. The majority of the properties on Spring River Road are already developed, including the development of parking in the front yard setback areas. The Board agrees with the applicant that the amendments will allow for the continuation of the development pattern that has been established along the Spring River Road corridor. In regards to the broadening the allowable uses to include a general category of retail/rental store, office and service establishment, the Spring River RC Zone currently allows for a wide variety of these uses already, as referenced above in DCC 18.74.025(A). While the currently permitted uses in the Spring River RC Zone are many, the fact is that the market needs of surrounding residents are changing and the existing uses are too limited. Examples include: Video stores — these rarely exist any longer as video store products are available on computers and hand held devises. Arguments could be made that a computer / phone store provides the same services and more than the currently allowed video store. Fishing equipment — while fishing continues to be a prominent recreational activity in the area, there are a number of other recreational activities that have gained prominence in the area, such as rafting, paddle boarding, and mountain bike riding. Under the current provisions, these retail uses would not be permitted. The Spring River RC Zone is well distanced from any other commercial zone and is suited to serve only the surrounding residents and travelers. There is a high concentration of residents in the area and in order to receive some services, residents and visitors currently need to travel to urban centers in Sunriver, Bend, or La Pine, which involves a significant travel for basic services. The Board finds that by broadening the allowable uses in this area it will allow for local -serving commercial uses in a higher density rural community. To ensure that any retail/rental store, office, or other service establishment uses are small scale and appropriate for the area, the Board finds the existing size limitation of 2,500 square foot of floor space is appropriate. The Board finds the amendments discussed herein will allow the zone to maintain the character and integrity of the area. Moreover, the amended uses are appropriate rural economic development opportunities that will serve the immediate area and the revisions are consistent with the General Rural Economy Policies of this section. Lands Designated and Zoned Rural Commercial Policy 3.4.8 Update the policies for lands designated Rural Commercial as needed. FINDING: This section addresses modifications to the policies of these sections. The text amendments before the Board do not involve changing any policies of the Comprehensive Plan. However, the proposal does include changing the implementing ordinance (the Deschutes County Code) to allow for additional uses that are needed to serve the Spring River area, along with clarifying setback and parking requirements. The proposal is PAGE 14 OF 19 - EXHIBIT D TO ORDINANCE NO. 2020-017 consistent with the intent of this policy, which recognizes the need to modify local ordinances as the needs of the County and community change. Policy 3.4.9 Rural Commercial designated lands located outside of urban growth boundaries shall allow uses less intense than those allowed in unincorporated communities as defined by Oregon Administrative Rule 660-22 or its successor. FINDING: The Spring River RC Zone area is located outside of urban growth boundaries and currently provides a number of permitted uses, all of which have been established as being less intense than those allowed within urban growth boundaries. This was documented in the submitted assessment performed by L.B. Engineering, Inc. and the Board finds the text amendments are consistent with this policy. Policy 3.4.10 Rural Commercial zoning shall be applied to Deschutes Junction, Deschutes River Woods Store, Pine Forest, Rosland and Spring River. FINDING: The Rural Commercial Zone is applied to the Spring River area. No changes are proposed to the location of the zone and the proposal is consistent with this policy. Policy 3.4.11 In Spring River there shall be a Limited Use Combining Zone. FINDING: The Spring River RC Zone is identified on the County Zoning Map as being a Limited Use Combining Zone and allowed uses are established in the Zoning Ordinance. The proposal does not alter the fact that the area is in a Limited Use Combining Zone; therefore, the proposal is consistent with this Policy. Policy 3.4.12 County Comprehensive Plan policies and land use regulations shall ensure that new uses authorized on Rural Commercial designated lands do not adversely affect agricultural and forest uses in the surrounding areas. FINDING: The nearest forest or agricultural zone area is .25 miles to the east, which is developed with a golf course. The next closest forest or agricultural zoned land is over 1 mile to the west, which is the Deschutes National Forest. Because the amended uses will be small-scale, low impact and only serve surrounding residents or travelers, the proposal will not affect agricultural or forestry uses in the area any more than the currently approved uses. Policy 3.4.13 Policy Zoning in the area shall ensure that the uses allowed are rural as required by Goal 14, Urbanization, and less intensive than those allowed for unincorporated communities as defined in OAR 660-22. New commercial uses shall be limited to those that are intended to serve the surrounding rural area or the travel needs of people passing through the area. FINDING: The amended County Code language to broaden the uses permitted outright in the Spring River RC Zone are intended to serve the surrounding rural area and the travel needs of people passing through the area. The Spring River RC Zone is not an unincorporated community as defined in OAR 660-022. Moreover, Deschutes County's Comprehensive Plan policies and zoning standards, addressed below, restrict commercial uses to those that are rural as required in Goal 14, Urbanization, and which are less intensive than those uses permitted in other unincorporated communities. Policy 3.4.14 New commercial uses shall be limited in size to 2,500 square feet or if for an agricultural or forest -related use, 3,500 square feet. FINDING: This policy is implemented by DCC 18.74.025. No changes are proposed to the allowable size of commercial uses in the Spring River RC Zone. The standard that implements this provision is not being. Moreover, the Board finds the limited size will ensure that any retail/rental store, office, or other service establishment uses are small scale and appropriate for the area. Therefore, the existing County Code provisions and the proposed modifications are consistent with this policy. PAGE 15 OF 19 - EXHIBIT D TO ORDINANCE NO. 2020-017 Policy 3.4.15 A lawful use existing on or before November 5, 2002 that is not otherwise allowed in a Rural Commercial zone, may continue to exist subject to the county's nonconforming use regulations. Policy 3.4.16 An existing lawful use may expand up to 25 percent of the total floor area existing on November 5, 2002. FINDING: These policies are implemented by DCC 18.74.025. The standards that implement these provisions are not being modified. The text amendments and existing code provisions will maintain consistency with these policies. Policy 3.4.17 The Rural Commercial zoning regulations shall allow for a mixed use of residential or rural commercial uses. FINDING: The amended new uses are rural commercial uses and thus are allowed by this policy. Policy 3.4.18 Residential and commercial uses shall be served by DEQ approved on -site sewage disposal systems. Policy 3.4.19 Residential and commercial uses shall be served by on -site wells or public water systems. FINDING: These policies are implemented by DCC 18.74.030. The amendments will not alter these implementing provisions AND therefore consistent with these policies. Policy 3.4.20 Community sewer systems, motels, hotels and industrial uses shall not be allowed. FINDING: No changes are proposed to how the commercial uses are served. Commercial uses will continue to be served by on -site wastewater treatment system as noted by Policy 3.4.18 above. If multiple properties were proposed to be served with one onsite wastewater system, it would require a Goal 11 exception, which is not included with this amendment request. The text amendments will maintain consistency with this policy. Policy 3.4.21 Recreational vehicle or trailer parks and other uses catering to travelers shall be permitted. FINDING: The commercial uses amended here will not change how RV/trailer parks are permitted in the Spring River RC Zone. The Board finds the text amendments, however, will enhance the ability to cater to travelers in this area and thus will be consistent with this policy. Chapter 4 URBAN GROWTH MANAGEMENT 18. Section 4.1 Introduction Purpose The Urban Growth Management chapter, in concert with the other chapters of this Plan, specifies how Deschutes County will work with cities and unincorporated communities to accommodate growth while preserving rural character and resource lands. FINDING: The proposal does not alter any urban growth boundary nor does it alter unincorporated communities; therefore, this chapter is not applicable. Chapter 5 SUPPLEMENTAL SECTIONS 19. Section 5.1 Introduction Background PAGE 16 OF 19 - EXHIBIT D TO ORDINANCE NO. 2020-017 This chapter provides material that supplements the other chapters of the Plan. There are no goals or policies in these sections. FINDING: This chapter provides supplemental elements and information, none of which is directly applicable to the current proposal. Appendix C TRANSPORTATION SYSTEM PLAN Goal 1 1. Achieve an efficient, safe, convenient and economically viable transportation and communication system. This system includes roads, rail lines, public transit, air, pipeline, pedestrian and bicycle facilities. The Deschutes County transportation system shall be designed to serve the existing and projected needs of the unincorporated communities and rural areas within the County. The system shall provide connections between different modes of transportation to reduce reliance on any one mode. FINDING: The applicant provided a Civil Engineer's Assessment (L.B. Engineering, Inc.), which was reviewed by the County Transportation Planner who determined compliance with the TSP. Transportation planning is reviewed in the following finding under OAR 660-012. Oregon Administrative Rules, Chapter 660 DIVISION 12, TRANSPORTATION PLANNING (OAR 660-012) 20. OAR 660-012-0060. Plan and Land Use Regulation Amendments (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule. A plan or land use regulation amendment significantly affects a transportation facility if it would: (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); (b) Change standards implementing a functional classification system; or (c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based on projected conditions measured at the end of the planning period identified in the adopted TSP. As part of evaluating projected conditions, the amount of traffic projected to be generated within the area of the amendment may be reduced if the amendment includes an enforceable, ongoing requirement that would demonstrably limit traffic generation, including, but not limited to, transportation demand management. This reduction may diminish or completely eliminate the significant effect of the amendment. (A) Types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; (B) Degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the TSP or comprehensive plan; or (C) Degrade the performance of an existing or planned transportation facility that is otherwise projected to not meet the performance standards identified in the TSP or comprehensive plan. (2) Where a local government determines that there would be a significant effect, compliance with section (1) shall be accomplished through one or a combination of the following: (a) Adopting measures that demonstrate allowed land uses are consistent with the planned function, capacity, and performance standards of the transportation facility. (b) Amending the TSP or comprehensive plan to provide transportation facilities, improvements or services adequate to support the proposed land uses consistent with the requirements of this division; such amendments shall include a funding plan or mechanism consistent with section (4) or include PAGE 17 OF 19 - EXHIBIT D TO ORDINANCE NO. 2020-017 an amendment to the transportation finance plan so that the facility, improvement, or service will be provided by the end of the planning period. (c) Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes. (d) Amending the TSP to modify the planned function, capacity or performance standards of the transportation facility. (e) Providing other measures as a condition of development or through a development agreement or similar funding method, including transportation system management measures, demand management or minor transportation improvements. Local governments shall as part of the amendment specify when measures or improvements provided pursuant to this subsection will be provided. (3) Notwithstanding sections (1) and (2) of this rule, a local government may approve an amendment that would significantly affect an existing transportation facility without assuring that the allowed land uses are consistent with the function, capacity and performance standards of the facility where: (a) The facility is already performing below the minimum acceptable performance standard identified in the TSP or comprehensive plan on the date the amendment application is submitted, (b) In the absence of the amendment, planned transportation facilities, improvements and services as set forth in section (4) of this rule would not be adequate to achieve consistency with the identified function, capacity or performance standard for that facility by the end of the planning period identified in the adopted TSP; (c) Development resulting from the amendment will, at a minimum, mitigate the impacts of the amendment in a manner that avoids further degradation to the performance of the facility by the time of the development through one or a combination of transportation improvements or measures; (d) The amendment does not involve property located in an interchange area as defined in paragraph (4)(d)(C); and (e) For affected state highways, ODOT provides a written statement that the proposed funding and timing for the identified mitigation improvements or measures are, at a minimum, sufficient to avoid further degradation to the performance of the affected state highway. However, if a local government provides the appropriate ODOT regional office with written notice of a proposed amendment in a manner that provides ODOT reasonable opportunity to submit a written statement into the record of the local government proceeding, and ODOT does not provide a written statement, then the local government may proceed with applying subsections (a) through (d) of this section. FINDING: This above language is applicable to the proposal because it involves an amendment to a land use regulation. Although the majority of the policies set forth in Goal 12 relate to the establishment of a comprehensive TSP, the application of Goal 12 to proposed text amendments requires an application to demonstrate that a proposal is consistent with the TPR, as implemented through OAR 660-012-0060(1), noted above. Under OAR 660-012-0060, no further consideration of traffic is required if the impacts from a potential land use action are deemed not to be significant. The proposed text amendments include broadening the allowable commercial uses allowed within Spring River RC Zone and it clarifies setback and parking location standards. The applicant is not proposing any land use development at this time. As documented on the assessment performed by L.B. Engineering, Inc., the proposed uses have similar (or lesser) impacts than other use that are permitted in the Spring River RC Zone. Based on this assessment, transportation impacts are determined not to be significant. The report was reviewed by the County Transportation Planner, who agreed with the report's conclusions. Based on this information, the Board finds that the text amendments will be consistent with the identified function, capacity, and performance standards of the County's transportation facilities in the area. The Board finds the proposed changes will not change the functional classification of any existing or planned transportation facility or change the standards implementing a functional classification system. The changes will not allow types or levels of land uses that would result in levels of travel or access, which are inconsistent with the functional classification of nearby transportation facilities. Furthermore, it will not reduce the performance standards of the facilities below the minimum acceptable level the County's transportation system plan. PAGE 18 OF 19 - EXHIBIT D TO ORDINANCE NO. 2020-017 (4) Determinations under sections (1)—(3) of this rule shall be coordinated with affected transportation facility and service providers and other affected local governments. FINDING: Notice of the proposed text amendment request was sent to public agencies including Deschutes County Road Department, County Transportation Planner, and County Environmental Soils Division. The submitted responses are listed in the foregoing Findings of Fact section. The Board finds that this notice complies with the requirement noted above. PAGE 19 OF 19 - EXHIBIT D TO ORDINANCE NO. 2020-017