2021-2-Ordinance Recorded 1/5/2021Recorded in Deschutes County CJ2021-2
Nancy Blankenship, County Clerk
commissioners' Journal 01 /05/2021 10:36:14 AM
REVIEWED F
c
LEGAL COUNSEL, 2021-2
For Recording Stamp Only
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 and Declaring an
Emergency.
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,
continued the public hearing to December 16, 2020 and December 30, 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 stfik�h.
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 str''�.
PAGE I 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.
Section 5. EMERGENCY. This Ordinance being necessary to address a need for economic development
opportunities in Deschutes County and for the immediate preservation of the public peace, health, safety, and
welfare, an emergency is declared to exist, and this Ordinance becomes effective thirty (30) days after adoption.
Dated this of ! (il I 12020
ATTEST-
aA
R mg Sectary PHILIP G. HkNDERSON, Commissioner
Date of 1" Reading: D day of , 2020.
Date of 2" d Reading: 46V day ok��M , 2020.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PATTI ADAIR, Chair
ANTHONY DeBONE, Vie Chair
-'y W �-W t "/ T
r\'--
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Patti Adair
Anthony DeBone
Philip G. Henderson
Effective date: 14
day of _ 21.
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.
1.
1}yRetail/rental store office or service establishment ^� ri l.:„^+ ^„ ^r�l,o �^"^inn
IAJVv.
a Use Limitations Each use in section (A)(1) shall not exceed 2,500 square feet of building
floor space on a single lot.
b Building Limitations. For A)(1) uses if multiple buildings are located on a single lot,
the total square feet of floor space for each building shall not exceed 2,500 square feet.
c The applicable provisions of this chapter, along with DCC 18.116 and 18.124 apply to
retail/rental store office or service establishments including but not limited to the
following uses and their accessoK uses:
i. a-. Fishing supplies and equipment.
ii. b-.Snowmobiling accessories.
In. e. Marine accessories.
iv. d:General store.
V. Hardware store.
vi. Convenience store with gas pumps.
vii. Eating and drinking establishment.
viii. hr.Recreational rental equipment store.
ix. i-Excavation business.
x• j-Landscaping business/service.
xi. k-.Health care service.
xii. 1-Beauty shop.
xiii. m—Video store.
xiv. e.Post office.
xv. Party supply.
xvi. Equipment sales and rental.
xvii. Appliance store.
xviii. s-Bank.
xix. t-.-Exterminator.
xx. Private mailing and packaging store.
xxi. v:Bakery.
d_Expansion of a nonconforming use listed in section �AJ(1)", 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- bttildings not &ieeeding 3,500 squafe feet of floor- spaee to be used by a+t-y
eembination of the fellow-'-Z' ----
a Pet and livesteek sWply-.
2 Pet livestock supply and farm machinery sales and repair.
PAGE 1 OF 4 - EXHIBIT A TO ORDINANCE NO. 2020-017
a Use Limitations. Each use in section (AA)(2) shall not exceed 3,500 square feet of building
floor space on a single lot whether the use is contained within a single or multiple
buildings.
b Building linutations. For section (A)(2) uses if multiple buildings are located on a
single lot the total square feet of floor mace for each building shall not exceed 3,500
square feet.
c The applicable provisions of this chapter, along with DCC 18.116 and 18.124, apply to
the following uses and their accessory uses, and any combination of these uses:
i. Pet and livestock supply.
ii. Farm machinery sales and repair.
4.d.Expansion of a nonconforming use listed in section f A)(312)(a-43�), 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 f n b uses a theiF aeeessoi=y uses r r
o e fmitte`' subject to the
.
1. Use Limitations Each use in section (B) shall not exceed 2,500 square feet of building floor
space on a single lot whether the use is contained within a single or multiple buildings.A
building or- buildings not exeeeding 2,500 squar-e feet of floor- spaee to be used by any
2 Building Limitations. Each use in section (B) shall not exceed 2,500 square feet of building
floor space on a single lot.
3 The applicable provisions of this chapter, along with DCC 18.116, 18.124 and 18.128, apply
to the following uses and their accessory uses, and any combination of these 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.
42. Expansion of a nonconforming use listed in section B(,(a-e), 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.
PAGE 2 OF 4 — EXHIBIT A TO ORDINANCE NO. 2020-017
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. 2020-017 §1, 2020; 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 § 1, 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
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.
PAGE 3 OF 4 — EXHIBIT A TO ORDINANCE NO. 2020-017
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.
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 DCC 18.116, Supplementary Provisions.
1. 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 4 OF 4 - 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 following 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
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, 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. Aimort 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 the Airport Development (AD) Zone, and
properties fronting Suring River Road in the Spring River Rural Commercial Zoneand the
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. 2020-018 §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 §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 Zonethe T Pi T TT G Business p--ar-k
( PBP) llis—i,.+. 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
Q, (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.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
Description
Notes
Number(s)
Fill/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
recreational rental
Parking approved outside of
CU8864/SP8840
equipment, office and
front yard (DCC
storage space
18.116.030E 5
Parking approved within front
17363 Spring River Rd.
SP0450
Restaurant
yard
17371 Spring River Rd.
--
undeveloped
--
Current approved use:
Parking approved within front
17377 Spring River Rd.
SP9561
thrift store (retail)
yard
1 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.
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 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
use; parking is approved within
CU85100/SP8556
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 Rd.
rental businesses and one
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
SP0
Current approved use:
in 1990
56777 Lunar Dr.
SP9020 020
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.
PAGE 4 OF 19 — EXHIBIT D TO ORDINANCE NO. 2020-017
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 in this report.
The following summarizes each proposed amendment to the DCC. Proposed amendments are shown in
strikeeut 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.
PAGE 5 OF 19 — EXHIBIT D TO ORDINANCE NO.2020-017
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.
PAGE 6 OF 19 — EXHIBIT D TO ORDINANCE NO.2020-017
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 21500 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 31500 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.
PAGE 7 OF 19 — EXHIBIT D TO ORDINANCE NO.2020-017
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).
3. 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 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.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
a 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.
PAGE 8 OF 19 — EXHIBIT D 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.
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 LOadiM
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
PAGE 9 OF 19 — EXHIBIT D TO ORDINANCE NO.2020-017
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 buildings) 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 forms provided by the Planning Department and shall be subject
to applicable procedures of DCC Title 22.
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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.
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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
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.
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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 I 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 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
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 I 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 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.
PAGE 16 OF 19 — EXHIBIT D TO ORDINANCE NO. 2020-017
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 orpolicies
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:
PAGE 17 OF 19 — EXHIBIT D TO ORDINANCE NO. 2020-017
(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 governmentproceeding, and ODOT does notprovide 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
PAGE 18 OF 19 — EXHIBIT D TO ORDINANCE NO.2020-017
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.
PAGE 19 OF 19 — EXHIBIT D TO ORDINANCE NO.2020-017
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Wednesday Meeting of December 30, 2020
DATE: December 22, 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 30, 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 Zone 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 22, 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 Chapters 18.74, Rural Commercial Zone -
Spring River; 18.116, Supplementary Provisions; and 18.124, Site Plan Review. The Board continued
the public hearing twice, once to December 16 and a second time to December 30.
I. SPRING RIVER RURAL COMMERCIAL ZONE TEXT AMENDMENTS
During the public hearing on December 16, 2020, the Board requested staff revise the amendments
to Deschutes County Code (DCC) 18.74.025. The amendments clarify the size limits for each type of
use allowed in the Spring River Rural Commercial Zone and the size limits for each building on a single
lot. The amendments take into account:
• Each type of use is allowed up to 2,500 (or 3,500) square feet of floor space on a single lot.
• Each type of use can span multiple buildings or reside in just one building on a single lot.
• Each building cannot exceed 2,500 (or 3,500) square feet.
A clean version of DCC 18.74.025 is included with this memorandum (Attachment 1). The proposed
amendments are shown in gt�- for language to be deleted, and underline for language to be
added. They are incorporated into Exhibit A to Ordinance 2020-017 (Attachment 2).
111. 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.
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
Staff provided Ordinance 2020-017 in its entirety for easy accessibility (Attachment 2). Only the cover
pages of Ordinance 2020-017 and Exhibit A have been modified since the December 16 continued
hearing.
Attachments
1. Clean version of DCC Chapter 18.74
2. Ordinance 2020-17
• 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 2 of 2
Chapter 18.74. RURAL COMMERCIAL ZONE
18.74.025. Uses Permitted — Spring River.
A. Uses Permitted subject to Site Plan Review.
1. Retail/rental store, office, or service establishment.
a. Use Limitations. Each use in section (A)(1) shall not exceed 2,500 square feet of building
floor space on a single lot.
b. Building Limitations. For (A)(1) uses, if multiple buildings are located on a single lot,
the total square feet of floor space for each building shall not exceed 2,500 square feet.
c. The applicable provisions of this chapter, along with DCC 18.116 and 18.124, apply to
retail/rental store, office or service establishments, including but not limited to the
following uses and their accessory uses, and any combination of these uses:
i. Fishing supplies and equipment.
ii. Snowmobiling accessories.
iii. Marine accessories.
iv. General store.
V. Hardware store.
vi. Convenience store with gas pumps.
vii. Eating and drinking establishment.
viii. Recreational rental equipment store.
ix. Excavation business.
X. Landscaping business/service.
xi. Health care service.
xii. Beauty shop.
xiii. Video store.
xiv. Post office.
xv. Party supply.
xvi. Equipment sales and rental.
xvii. Appliance store.
xviii. Bank.
xix. Exterminator.
xx. Private mailing and packaging store.
xxi. Bakery.
d. Expansion of a nonconforming use listed in section (A)(1), 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.
2. Pet, livestock supply and farm machinery sales and repair.
a. Use Limitations. Each use in section (A)(2) shall not exceed 3,500 square feet of building
floor space on a single lot, whether the use is contained within a single or multiple
buildings.
b. Building Limitations. For section (A)(2) uses, if multiple buildings are located on a
single lot, the total square feet of floor space for each building shall not exceed 3,500
square feet.
c. The applicable provisions of this chapter, along with DCC 18.116 and 18.124, apply to
the following uses and their accessory uses, and any combination of these uses:
Chapter 18.74
i. Pet and livestock supply.
ii. Farm machinery sales and repair.
d. Expansion of a nonconforming use listed in section (A)(2), 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.
1. Use Limitations. Each use in section (B) shall not exceed 2,500 square feet of building floor
space on a single lot, whether the use is contained within a single or multiple buildings.
2. Building Limitations. Each use in section (B) shall not exceed 2,500 square feet of building
floor space on a single lot.
3. The applicable provisions of this chapter, along with DCC 18.116, 18.124 and 18.128, apply
to the following uses and their accessory uses, and any combination of these 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.
4. Expansion of a nonconforming use listed in section B, 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:
l . 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 parry 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.
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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. 2020-017 §1, 2020; 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 §1, 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 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
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.
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.
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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 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 §l, 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)
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