2025-18-Minutes for Meeting November 13,2024 Recorded 1/23/2025Recorded in Deschutes County
Steve Dennison, County Clerk
Commissioners' Journal
CJ2025-18
01/23/2025 7:58:09 AM
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Deschutes County Clerk
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CITY OF LA PINE, OREGON
JOINT BOARD OF COUNTY COMMISSIONERS/CITY COUNCIL MEETING
REGULAR CITY COUNCIL MEETING
Wednesday, November 13, 2024, at 5:00 PM
La Pine City Hall: 16345 Sixth Street, La Pine, Oregon 97739
Available online via Zoom: https://us02web.zoom.us/j/83817497662
The meeting location is accessible to persons with disabilities. A request for an interpreter for the hearing
impaired or for other accommodations for persons with disabilities should be made at least 48 hours before
the meeting to City Hall at (541-536-1432). For deaf, hearing impaired, or speech disabled dial 541-536-1432
for TTY.
AGENDA
CALL TO ORDER
ESTABLISH A QUORUM
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS
Three (3) minutes per person; when asked to the podium, please state your name and whether you live
within La Pine city limits.
JOINT BoCC AND CITY COUNCIL MEETING
The Joint BoCC and City Council Meeting is held in a workshop format where the elected officials from
each body discuss subject areas of interest to both jurisdictions. This format is intended to facilitate
conversation but does not yield legislative or judicial action during the session. Public Comments are
permitted at the discretion of the presiding member of the City of La Pine City Council.
BUSINESS:
1. Homelessness solutions post Darlene Fire — City/County Collaboration Discussion
2. County road winter road conditions — Protocol Discussion
3. Newberry Lift Station — Funding Discussion
4. Solid Waste - Dumping related to code enforcement cases — IGA Discussion
5. Community Cleanup Event(s) - City/County Collaboration Discussion
The City of La Pine is an Equal Opportunity Provider
1
JOINT BOCC/CITY COUNCIL MEETING & REGULAR CITY COUNCIL MEETING AGENDA
OTHER ITEMS NOT ON AGENDA
REGULAR COUNCIL SESSION
ADDED AGENDA ITEMS
NOVEMBER 13, 2024
Any matters added to the Agenda at this time will be discussed during the "Other Matters" portion of
this Agenda or such time selected by the City Council
CONSENT AGENDA
Information concerning the matters listed within the Consent Agenda has been distributed to each
member of the City Council for reading and study, is considered to be routine, and will be enacted or
approved by one motion of the City Council without separate discussion. If separate discussion is desired
concerning a particular matter listed within the Consent Agenda, that matter may be removed from the
Consent Agenda and placed on the regular agenda by request of any member of the City Council.
1. 04.12.23 Regular City Council Meeting Minutes 4.
2. Financial Summary _ September 2024 9.
Interest Report 20"] 13
3. Interest — August - September Lv:...............................................:„:,,:..,,,.:,,...,,,,..,..,,....,,,,sue,
PRESENTATIONS:
None
PUBLIC HEARING:
1. 01 T A-23 : Proposed Development Code Amendments
a. Staff Report 14.
2. 01TA-24 : Proposed Development Code Amendments
a. Staff Report 21.
OLD BUSINESS:
None
NEW BUSINESS:
1. Ordinance 2024-02
a. Staff Memorandum 67.
h- Ordinance 7024-02-..69.
2. Ordinance 2024-03
.. Staff AA.........�...�...J.�...,. CIA
Q. Staff IVIGIIII%1 Gi11UUI I1
b. Ordinance 2024-03 95.
The City of La Pine is an Equal Opportunity Provider
2
JOINT BOCC/CITY COUNCIL MEETING & REGULAR CITY COUNCIL MEETING AGENDA NOVEMBER 13, 2024
PUBLIC COMMENTS
Three (3) minutes per person; when asked to the podium, please state your name and whether you live
within La Pine city limits.
STAFF COMMENTS
MAYOR & COUNCIL COMMENTS
ADJOURNMENT
EXECUTIVE SESSION: Per ORS 192.660 if necessary
None
EXECUTIVE SESSION
The public will not be permitted to attend the executive session; provided, however, representatives of
the news media and designated staff will be allowed to attend the executive session. Representatives of
the news media are specifically directed not to report on any of the deliberations during the executive
session, except to state the general subject of the executive session as previously announced. No decision
will be made in the executive session.
The City of La Pine is an Equal Opportunity Provider
3
CITY OF LA PINE, OREGON
JOINT BOARD OF COUNTY COMMISSIONERS/CITY COUNCIL MEETING
REGULAR CITY COUNCIL MEETING
Wednesday, November 13, 2024, at 5:00 PM
La Pine City Hall: 16345 Sixth Street, La Pine, Oregon 97739
Available online via Zoom: https://us02web.zoom.us/j/83817497662
MINUTES
CALL TO ORDER
Mayor Richer called the meeting to order at 5:00 p.m.
ESTABLISH A QUORUM
City Council
Mayor Richer
Council President
resiaent Van Damme
Councilor Shields
Councilor Ignazzitto
Councilor Morse
BoCC
Commissioner Patti Adair
Commissioner Tony DeBone
Commissioner Phil Chang
Erick Kropp — Deputy County Administrator
Tim Brownell — Solid Waste Director — Via Zoom
Chuck Schutte —Deschutes County Road Department Manager
Staff
Geoff Wullschlager — City Manager
Brent Bybee — Principal Planner
Rachel Vickers — Associate Planner
Amanda Metcalf — City Recorder
The City of La Pine is an Equal Opportunity Provider
JOINT BOCC/CITY COUNCIL MEETING & REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 13, 2024
PLEDGE OF ALLEGIANCE
Mayor Richer led the Pledge of Allegiance.
PUBLIC COMMENTS
Mayor Richer stated that public comments have been moved to the regular City Council session after
added agenda items.
JOINT BoCC AND CITY COUNCIL MEETING
BUSINESS:
1. Homelessness solutions post Darlene Fire — City/County Collaboration Discussion
Mayor Richer announced that this topic of homelessness solutions will be tabled until the new Mayor
and Councilor are sworn in January. He asked if any Commissioners had any updates on the cleaning up
of the Darlene 3 Fire.
County Commissioner DeBone reported that there has been a significant effort in cleaning up the
Darlene area following the fire, with collaboration from various government agencies, local business
owners, and volunteers.
Sergeant Kyle Kalmbach of the Deschutes County Sheriffs Department commented on the Darlene 3
fire cleanup. He mentioned hearing positive feedback from residents regarding the collaborative
efforts.
County Commissioner Chang announced an upcoming forum presented by the Collaborative Forest
Project on December 4th. The forum will focus on the extent of hazard fuel reduction work conducted
on Bureau of Land Management (BLM) and Forest Service lands.
2. County road winter road conditions — Protocol Discussion
City Manager Wullschlager inquired about the Commissioners' and County staffs preferred protocol
for addressing winter road conditions inquires.
Chuck Schulte, representing the Deschutes County Road Department, advised that any calls received
by the City regarding roads owned by the County should be forwarded to the road department for
appropriate action.
3. Newberry Lift Station — Funding Discussion
City Manager Wullschlager briefed the Commissioners on the current issues with the Newberry Lift
Station, noting that its replacement cannot be included in the City's existing USDA funding for the
water and wastewater expansion project. He mentioned that the City might seek potential funding
support from the County for this replacement.
In response to a question from the Commissioners, City Manager Wullschlager estimated that the
replacement cost would be approximately $1.5 million.
The City of La Pine is an Equal Opportunity Provider
JOINT BOCC/CITY COUNCIL MEETING & REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 13, 2024
Commissioner Chang inquired about the terms the city received from other potential lenders.
City Manager Wullschlager explained that federal funding offers interest rates ranging from 1% to
1.5%. However, he noted that such funding often involves significant delays, which the city cannot
afford due to the urgent condition of the lift station. He added that he could gather more information
for the Commissioners if needed.
4. Solid Waste - Dumping related to code enforcement cases — IGA Discussion
City Manager Wullschlager presented to the Commission a potential Intergovernmental Agreement
(IGA) related to solid waste cleanup in connection with code enforcement. He explained that under
this agreement, if a resident needed to clean their property but could not afford the costs, the City
would provide assistance. He also inquired if the County's Solid Waste Department could waive the
dumping fees.
Solid Waste Director Brownell responded that a similar agreement exists with County code
enforcement. However, he clarified that his department does not have the authority to grant fee
waivers, as such decisions would require policy approval. He also noted that other cities in Deschutes
County have expressed interest in a similar type of IGA and have been denied.
Commissioner DeBone noted that the escalating costs associated with the closure of the landfill limit
the ability to offer many fee waivers.
5. Community Cleanup Event(s) - City/County Collaboration Discussion
City Manager Wullschlager proposed organizing a community cleanup day, noting that similar efforts in
the past involved collaboration between the County and the City.
County Commissioner DeBone referenced Put the Shine on La Pine, a past event focused on cleaning
up the city.
County Commissioner Chang suggested exploring federal funding opportunities to support cleanup
efforts.
County Commissioner Adair mentioned a recent denial of a $20 million grant for South County and
discussed the possibility of reapplying for the grant, potentially with the support of Congressman
Bentz. She also proposed considering the establishment of a Firewise community in South County as an
alternative solution.
OTHER ITEMS NOT ON AGENDA
County Commissioner DeBone suggested exploring a market -based camping site and proposed tabling
the discussion for a future meeting.
County Commissioner Chang expressed a desire to discuss homelessness with the incoming Council
members. He emphasized that many citizens have voiced concerns about the need for action after the
Darlene 3 fire. Commissioner Chang stated that moving unhoused individuals deeper into the forest is
not a practical solution, as it increases the risk of undetected fires until they become significant. He
The City of La Pine is an Equal Opportunity Provider
JOINT BOCC/CITY COUNCIL MEETING & REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 13, 2024
proposed creating pathways out of homelessness by integrating individuals into the community,
providing alternatives to living in the woods.
Mayor Richer thanked Commissioner Chang for his input and stated that the discussion would be
tabled until the new administration is in place.
Mayor Richer adjourned the joint meeting at 5:43 p.m.
REGULAR COUNCIL SESSION
Mayor Richer called the regular City Council meeting to order at 5:55 p.m.
ADDED AGENDA ITEMS
None.
PUBLIC COMMENTS
Scott Henderson, property owner of 51395 Anchor Way, submitted a timeline detailing his interactions
with city staff and his contractor regarding the installation of his new water meter per the
development occurring along Anchor Way. He also provided a plan indicating the location of the water
meter. During his public comment, Mr. Henderson read the timeline aloud and elaborated on the
issues concerning the placement of the water meter.
Brian Huntamer, a resident of Bend, provided a public comment on the recently passed measure
establishing five County Commissioners. He emphasized the importance of dividing Deschutes County
into districts before the election for the new positions. He suggested that each district should have one
representative to ensure equal representation across the entire county.
Zorba Stathakis, a resident of the Highlander RV Park, commended the Public Works Department for
their excellent work in cleaning up the roads during his public comment. He also inquired about the
appointment of another Student Councilor.
Mayor Richer responded, confirming that a new Student Councilor will be appointed.
CONSENT AGENDA
1. 10.23.2024 Regular City Council Meeting Minutes
2. Financial Summary — September 2024
3. Interest Report — August - September 2024
Councilor Ignazzitto made a motion to approve the consent agenda. Councilor Morse seconded the
motion. Motion passed unanimously.
PRESENTATIONS:
None.
PUBLIC HEARING:
1. 01TA-23: Proposed Development Code Amendments
Mayor Richer opened the public hearing and covered the public hearing procedures. No members of
the Council had any biases nor ex-parte contact, and no parties challenged that assertation. Principal
The City of La Pine is an Equal Opportunity Provider
JOINT BOCC/CITY COUNCIL MEETING & REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 13, 2024
Planner Bybee presented the staff report. There were no public comments. There were no closing
comments.
Councilor Ignazzitto made a motion to close the public hearing and commence deliberations. Councilor
Shields seconded the motion. Mayor Richer asked for a roll call vote:
Council President Van Damme — Aye
Councilor Shields — Aye
Councilor Ignazzitto — Aye
Councilor Morse — Aye
The motion was passed unanimously.
Mayor Richer closed the public hearing at 6:22 p.m.
There were no deliberations among the Council.
Councilor Ignazzitto made a motion to approve File 01TA-23 as recommended by the Planning
Commission, to be incorporated into Ordinance 2024-03 for final approval. Councilor Morse seconded
the motion. Mayor Richer asked for a roll call vote:
Councilor Morse — Aye
Councilor Ignazzitto — Aye
Councilor Shields — Aye
Council President Van Dammo — Aye
The motion was passed unanimously.
2. 01TA-24: Proposed Development Code Amendments
Mayor Richer opened the public hearing and covered the public hearing procedures. No members of
the Council had any biases nor ex-parte contact, and no parties challenged that assertation. Principal
Planner Bybee presented the staff report.
Rich Harp, a resident of 51981 Campfire Drive, expressed his support for 01TA-24 and the proposed
code amendments.
Councilor Shields inquired about tree retention, proposing an amendment to the current policy that
would prioritize saving smaller, younger trees over larger, older ones. He explained that larger trees
often have a limited lifespan and may eventually die, creating future problems for property owners.
Additionally, he noted that it is difficult to preserve large trees on smaller lots, suggesting that the
amendment should be based on lot size.
Principal Planner Bybee read the code amendment aloud to the Council, clarifying that while trees can
be removed, they must be replaced.
A discussion followed regarding the amended code section on tree retention and the possibility of
exploring other options.
The City of La Pine is an Equal Opportunity Provider
JOINT BOCC/CITY COUNCIL MEETING & REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 13, 2024
Councilor Ignazzitto made a motion to close the public hearing and commence deliberations. Councilor
Morse seconded the motion. Mayor Richer asked for a roll call vote:
Councilor Van Damme - Aye
Councilor Shields - Nay
Councilor Ignazzitto - Aye
Councilor Morse - Aye
The motion passed with a majority.
Mayor Richer closed the public hearing at 7:17 p.m.
Councilor Ignazzitto made a comment that she is in favor with the current code amendments. There
were no other deliberations.
Councilor Ignazzitto made a motion to approve File 01TA-24 as recommended by the Planning
Commission, to be incorporated into Ordinance 2024-02 for final approval. Councilor Van Damme
seconded the motion. Mayor Richer asked for a roll call vote.
Councilor Morse — Aye
Councilor Ignazzitto — Aye
Councilor Shields - Nay
Councilor Van Damme - Aye
IvlotioII passed with a majority.
OLD BUSINESS:
None
NEW BUSINESS:
1. Ordinance 2024-02
Councilor Morse made a motion to approve File 01TA-24 as recommended by the Planning
Commission on October 16, 2024, with concurrent approval of Ordinance 2024-02 as presented by
Staff. Councilor Ignazzitto seconded the motion. Mayor Richer asked for a roll call vote.
Councilor Van Damme - Aye
Councilor Sheilds - Nay
Councilor Ignazzitto - Aye
Councilor Morse - Aye
Due to the lack of a unanimous vote, this ordinance will undergo a second reading at a future meeting.
2. Ordinance 2024-03
The City of La Pine is an Equal Opportunity Provider
JOINT BOCC/CITY COUNCIL MEETING & REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 13, 2024
Councilor Ignazzitto made a motion to approve File 01TA-23 as recommended by the Planning
Commission on May 17, 2023, with concurrent approval of Ordinance 2024-03 as presented by Staff.
Councilor Shields seconded the motion. Mayor Richer asked for a roll call vote.
Councilor Morse — Aye
Councilor Ignazzitto — Aye
Councilor Shields — Aye
Councilor Van Damme — Aye
Motion passed unanimously.
PUBLIC COMMENTS
There were no public comments.
STAFF COMMENTS
Associate Planner Vickers provided an update on the current planning files. She reported a 39-unit
apartment complex on Drafter road. Two files are currently incomplete, and Principal Planner Bybee is
working with the applicants, once these files are deemed complete, they will be posted on the website.
Associate Vickers also noted three Type 11 applications currently under review, which include a three -
parcel partition and two gas stations. Lastly, she mentioned a 10-lot subdivision planned for Antler
Lane.
City Recorder Metcalf did not provide any comments.
•_�_ _i update the � _ Pine 2045 �L� �I� update,
.. r:.�..
Principal Planner Bybee provided an on La comprehensive plan update, nosing
that it is halfway complete. He mentioned that the Council will hold three joint sessions with the
Planning Commission as part of the process. Planning staff are also coordinating community
engagement efforts with the local high school to gather input from students. He stated that he will
deliver a more detailed presentation on the comprehensive plan update next month.
Principal Planner Bybee also provided a brief update on the Transportation System Plan (TSP) update.
He mentioned that staff have been working on the update over the past week and noted that it can be
finalized through a sole procurement process without the need for a Request for Proposals (RFP) for
consultants.
Lastly, he shared that the Community Planning Assistance for Wildfire (CPAW) program has been
developing draft recommended policies, which will be presented to the Council in the near future.
City Manager Wullschlager provided an update on the non-competitive procurement process for the
industrial lift station, noting that funding will be included in the USDA loan for the water and
wastewater expansion project. He stated that the next step will involve ordering the equipment, with
construction expected to begin in spring 2025.
He also reported an issue with one of the new wells, explaining that the bearings cannot handle the
torque as applied by the pump and shaft mechanisms. Public Works is actively exploring solutions to
resolve the problem.
The City of La Pine is an Equal Opportunity Provider
JOINT BOCC/CITY COUNCIL MEETING & REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 13, 2024
Lastly, City Manager Wullschlager shared that he is working with COIC on the spec building in the
industrial park, with the RFP expected to be issued in the coming weeks.
MAYOR & COUNCIL COMMENTS
Councilor Morse expressed gratitude to everyone for their input and attendance at the meeting.
Councilor Ignazzitto acknowledged staff for their work on the comprehensive plan update and
highlighted the success of their community engagement efforts.
Councilor Shields did not provide any comments.
Council President Van Damme thanked staff for their contributions and announced that she will
conclude her term in December.
Mayor Richer extended appreciation to all attendees for participating in the meeting.
ADJOURNMENT
Mayor Richer adjourned the meeting at 7:38 p.m.
EXECUTIVE SESSION: Per ORS 192.660 if necessary
None.
°C'-4 ate: itlialf
Daniel Richer, Mayor
ATTEST:
Date: 19- b t 61.1
Amanda Metcalf, City Recorder
The City of La Pine is an Equal Opportunity Provider
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CITY OF LA PINE, OREGON
REGULAR CITY COUNCIL MEETING
Wednesday, October 23, 2024, 5:30 p.m.
La Pine City Hall: 16345 Sixth Street, La Pine, Oregon 97739
Available online via Zoom: https://us02web.zoom.us/j/83388579462
MINUTES
CALL TO ORDER
Mayor Richer called the meeting to order at 5:30 p.m.
ESTABLISH A QUORUM
Council
Mayor Richer
Council President Van Damme
Councilor Shields
Councilor Ignazzitto
Councilor Morse
Staff
Geoff Wullschlager — City Manager
Ashley (vans — Finance Director
Kelly West — Public Works Director
Brent Bybee — Principal Planner
Amanda Metcalf — City Recorder
PLEDGE OF ALLEGIANCE
Mayor Richer led the Pledge of Allegiance.
ADDED AGENDA ITEMS
None.
PUBLIC COMMENTS
There were no public comments.
CONSENT AGENDA
1. 10.09.2024 Regular City Council Meeting Minutes
The City of La Pine is an Equal Opportunity Provider
4
REGULAR CITY COUNCIL MEETING OCTOBER 23, 2024
2. Financial Reports
a. Financial Summary —July
b. Interest Report —July
c. Financial Summary —August
d. interest Report —August
Councilor Ignazzitto made a motion to approve the consent agenda. Council President Van Damme
seconded the motion. Motion passed unanimously.
OLD BUSINESS:
None.
NEW BUSINESS:
1. USDA Wastewater Bonds
a. Staff Report
b. Resolution 2024-19 —A Resolution for USDA Wastewater Bond No. 1
c. Resolution 2024-20 —A Resolution for USDA Wastewater Bond No. 2
Finance Director Ivans presented the associated staff report for the acquisition of two wastewater
bonds totaling, $13,000,000. She explained that that the sewer portion of the water and wastewater
expansion project is funded through grants and loans by U.S. Department of Agriculture (USDA) and
nepArtment of Fnvirnnmental rl!lality lr1Ffl
Councilor Ignazzitto made a motion to approve Resolution 2024-19, a resolution for the issuance and
sale of Sewer Revenue Bond No. 1. Councilor Morse seconded the motion. Mayor Richer called for a roll
call vote.
Council President Van Damme —Aye
_:! _ Shields
i ld
Councilor �nieius—Aye
Councilor Ignazzitto — Aye
Councilor Morse —Aye
Motion Passed unanimously:
Council President Van Damme made a motion to approve Resolution 2024-20, a resolution for the
issuance and sale of Sewer Revenue Bond No. 2. Councilor Shields seconded the motion. Mayor Richer
called for a roll call vote.
Councilor Morse —Aye
Councilor Ignazzitto —Aye
r_...__�!_._ Shields
n.._
LUUiiLUUi .3i iieiU3—, Aye
Council President Van Damme —Ave
Motion Passed unanimously.
OTHER MATTERS
The City of La Pine is an Equal Opportunity Provider
5
REGULAR CITY COUNCIL MEETING OCTOBER 23, 2024
None.
PUBLIC COMMENTS
There were no public comments.
STAFF COMMENTS
Finance Director (vans gave an update on the current audit and stated that field work will start next
week.
She said that the City is recruiting for a utility biller and a civil engineer.
She said after an audit of the utility billing accounts for the water and wastewater expansion project,
only 3 missed addresses were found, and this is currently being corrected.
Lastly, she introduced Kim Young from USDA and expressed the great working relationship that the
City and USDA has had.
City Recorder Metcalf did not have any comments.
Principal Planner Bybee gave an update regarding the recent development on Hwy 97. He stated
Starbucks has applied and the application is being reviewed for completeness. He also stated that the
location where the old highway center was located does not have any applications.
He explained that the Planning Commission has recommended approval of the code amendments, and
they will be presented to the City Council for approval at the November 13th meeting.
He gave an update for long range planning, La Pine 2045 is officially halfway completed and explained
that there will hP one more community summit, committee meeting, and public engagement. He
stated that he will present to the Council a more detailed update. v v
Additionally, staff is working with Oregon Department of Transportation (ODOT) and Oregon
Department of Land Conservation and Development (DLCD) on the Transportation Growth
Management (TGM) grant for the Transportation System Plan (TSP) update. He said that the update
should commence summer of 2025. Once the TSP update is finalized the comprehensive plan will be
amended to include the new TSP update.
He said that he is working with community planning assistance for wildfire (CPAW) and will have a
more detailed update soon.
Lastly he stated that Associate Vickers presented at the recent chambers of commerce breakfast.
Public Works Director West gave the Council a staff report detailing all the updates within the public
works department. He stated that the department has purchased a new sewer line jetter, and staff are
currently cleaning the sewer main on Hwy 97. Additionally, he stated that within the water department
a 1.2-million-gallon tank had cathodic protection placed on it. The project at the wells is moving along,
and well #2 is now online.
City Manager Wullschlager expanded on the new sewer line jetter and how much it will benefit the
community. He stated staff can now address sewer line issues in a timely manner, additionally, the cost
is significantly lower than if it was outsourced.
The City of La Pine is an Equal Opportunity Provider
6
REGULAR CITY COUNCIL MEETING
OCTOBER 23, 2024
He gave an update on the water and wastewater expansion project and said that Tayor Northwest is
finishing the last connections to city water and sewer.
He gave an update on the industrial lift station, and that the installation should start in the spring of
2025.
He invited the Council to the land use hearing training next week. He explained that the Planning
Commission requested this training and stated that it will be beneficial for the Council since they are
the appeal board for the Commission.
He updated the Council regarding La Pine Parks and Recreation. He stated that the Board of County
Commissioners has appointed five new board members.
He stated that he is finishing the request for a proposal (RFP) for the spec building in the industrial
park.
Lastly, he stated that he sent over the areas of policy provisions, with input from the City Council to the
Regional Housing Council. These included affordable housing, public improvements, transportation
funding, general system updating, insurance reform and funding for social infrastructure.
MAYOR & COUNCIL COMMENTS
Council President Van Damme thanked everyone that has been apart with the expansion project. And
appreciation to all the community members that attended the meeting.
Councilor Shields asked Finance Director Ivans if there were any applications for the civil engineer
position.
Finance Director Ivans informed the Council that we have not had any qualified applicants apply.
Councilor Ignazzitto thanked Kim Young, and the staff that attended the League of Oregon Cities (LOC)
conference and explained her experiences speaking with other small city council members.
Councilor ;v"orse didn't have any Comments.
Mayor Richer thanked everyone for attending and welcomed the public to make comments at future
meetings.
EXECUTIVE SESSION: per ORS 192.660 if necessary
ADJOURNMENT
Mayor Richer adjourned the meeting at 5:57 p.m.
SIGNATURE PAGE TO FOLLOW
The City of La Pine is an Equal Opportunity Provider
REGULAR CITY COUNCIL MEETING
ATTEST:
OCTOBER 23, 2024
Date:
Daniel Richer, Mayor
Date:
Amanda Metcalf, City Recorder
The City of La Pine is an Equal Opportunity Provider
8
•e
eNMI OW°
LA PINE
OR EGON
FINANCIAL SUMMARY
September 30, 2024
TOTAL RESOURCES - BUDGET TO ACTUAL
AS OF SEPTEMBER 30, 2024
Year
To Date
I I -I/VIA
•t t.J
Budget
Budget (25% lapsed)
Remaining % Earned
BEGINNING FUND BALANCE 17,587,219 17,587,219 100.0%
PROPERTY TAXES 1,819 457,500 455,681 0.4%
MOTEL TAXES 51,087 156,000 104,913 32.7%
SHARED REVENUES & GRANTS 1,642,755 5,609,797 3,967,042 29.3%
CHARGES FOR SERVICES 708,835 2,210,575 1,501,740 32.1%
FRANCHISE FEES 14,090 328,225 314,135 4.3%
SDC's & OTHER INCOME 774,945 1,196,700 421,755 64.8%
20,780,749 27,546,016 6,765,267 75.4%
FINANCIAL HIGHLIGHTS — RESOURCES
• SDC's are higher than projected already. This is likely due to the influx of building during the
summer months, and will likely slow as cooler weather sets in.
• Charges fnr Services are alkn in line with budgetary expectations.
• Franchise Fees are lower than projected because a large contributor pays quarterly, and that
navmant hag not hPPn rPrpivPrl vPt
RESOURCES BY TYPE EXCLUDING FUND BALANCE
PROPERTY TAXES 0%
FRANCHISE
FEES 1%
MIOTEL TAXES 2%
FRANCHISE FEES
1%
RESOURCES BY TYPE EXCLUDING GRANTS
PROPERTY TAXES
0%
9
MOTEL TAXES
3%
RESOURCES - BUDGET TO ACTUAL BY FUND
AS OF SEPTEMBER 30, 2024
Year FY2024-25 Budget (25% lapsed)
To Date Budget Remaining % Earned
GENERAL FUND
BEGINNING FUND BALANCE 2,870,326 2,870,326 100.0%
PROPERTY TAXES 1,819 457,500 455,681 0.4%
SHARED REVENUES & GRANTS 2,829 85,000 82,171 3.3%
MOTEL TAXES (30%) 15,326 56,000 40,674 27.4%
CHARGES FOR SERVICES 30,376 16,375 (14,001) 185.5%
FRANCHISE FEES 4,227 105,075 100,848 4.0%
MISCELLANEOUS & OTHER INCOME 241,214 69,500 (171,714) 347.1%
INTERFUNDTRANSFERS - IN - 554,750 554,750 0.0%
3,166,117 4,214,526 493,660 75.1%
CEMETERY FUND
BEGINNING FUND BALANCE
CHARGES FOR SERVICES
INTERFUNDTRANSFERS- IN
MISCELLANEOUS & OTHER INCOME
42,013
42,013 - 100.0%
1,200 1,200 0.0%
700
42,013 43,913 1,200 95.7%
STREETS FUND
BEGINNING FUND BALANCE 1,681,883 1,681,883 - 100.0%
SHARED REVENUES & GRANTS 37,560 645,000 607,440 5.8%
FRANCHISE FEES 9,863 223,150
MISCELLANEOUS & OTHER INCOME 17,000 17,000 0.0%
INTERFUNDTRANSFERS - IN - 325,000 325,000 0.0%
1,729,306 2,892,033 949,440 59.8%
TOURISM FUND
BEGINNING FUND BALANCE 360,557 360,557 100.0%
MOTEL TAXES 35,761 100,000 64,239 35.8%
MISCELLANEOUS & OTHER INCOME 3,500 3,500
396,318 464,057 67,739 85.4%
COMMUNITY DEVELOPMENT FUND
BEGINNING FUND BALANCE 510,293 510,293 - 100.0%
CHARGES FOR SERVICES 10,400 40,000 29,600 26.0%
ADVANCED PLANNING FEES 13,474 45,000 31,526 29.9%
MISCELLANEOUS & OTHER INCOME 51,000 51,000 0.0%
INTERFUNDTRANSFERS - IN - 155,000 155,000 0.0%
534,167 801,293 267,126 66.7%
INDUSTRIAL/ECONOMIC DEVELOPMENT
BEGINNING FUND BALANCE 1,924,327 1,924,327
SHARED REVENUES & GRANTS 668 29,771 29,103 2.2%
INDUSTRIAL SITE LEASES / SALES 1,825 17,500 15,675 10.4%
MISCELLANEOUS & OTHER INCOME 30,000 30,000 0.0%
1,926,820 2,001,598
74,778 96.3%
RESERVE FUND - WATER/SEWER
BEGINNING FUND BALANCE 452,670 452,670 - 100.0%
INTERFUNDTRANSFERS - IN - 400,000 400,000 0.0%
452,670 852,670 400,000 53.1%
DEBT RESERVE FUND
BEGINNING FUND BALANCE 193,503 193,503 100.0%
INTERFUNDTRANSFERS - IN - 734,227 734,227 0.0%
193,503 ' 927,730 - 20.9%
EQUIPMENT RESERVE FUND
INTERFUND TRANSFERS - IN
285,000 285,000 0.0%
r 285,000 - 0.0%
SDC FUND
BEGINNING FUND BALANCE 4,665,141 4,665,141 100.0%
SYSTEM DEVELOPMENT CHARGES 521,344 920,000 398,656 56.7%
INTERFUNDTRANSFERS- IN 250,000 0.0%
MISCELLANEOUS & OTHER INCOME - 15,000 15,000 0.0%
5,186,485 r 5,850,141 398,656 88.7%
WATER FUND
BEGINNING FUND BALANCE 3,251,078 3,251,078 100.0%
GRANT REVENUE 769,502 1,547,526 778,024 49.7%
CHARGES FOR SERVICES 338,850 1,018,000 679,150 33.3%
MISCELLANEOUS & OTHER INCOME 12,387 34,500 22,113 35.9%
4,371,817 5,851,104 1,479,287 74.7%
SEWER FUND
BEGINNING FUND BALANCE 1,635,428 1,635,428 - 100.0%
GRANT REVENUE 818,722 3,302,500 2,483,778 24.8%
CHARGES FOR SERVICES 327,384 1,117,500 790,116 29.3%
MISCELLANEOUS & OTHER INCOME - 10,500 10,500 0.0%
10
2,781,534 6,065,928
3,2E4,394 45.9%
DEBT SERVICE
0%
'lb ▪ s
NNW woe
LA PINE
OR EGON
FINANCIAL SUMMARY
September 30, 2024
AS OF SEPTEMBER 30, 2024
Year FY 2024-25 Budget (25% lapsed)
To Date Budget Remaining
PERSONNEL SERVICES 356,456 2,028,155 1,671,699 17.6%
MATERIALS & SERVICES 401,306 3,181,650 2,780,344 12.6%
CAPITAL OUTLAY 1,774,935 9,810,626 6,529,791 18.1%
DEBT SERVICE - 1,192,908 1,192,908 0.0%
INTERFUND TRANSFERS - OUT - 2,703,977 2,672,227 0.0%
2,532,697 18, 917, 316 14, 846, 969 13.4%
FINANCIAL HIGHLIGHTS — EXPENDITURES:
• All expenses are in line with staff expectations
• interfund transfers have not been made, and will likely be made in January, during the mid -year
budget review.
EXPENDITURES BY CATEGORY
�r
INTERFUNO
TRANSFERS - OUT
0%
EXPENDITURES 9Y CATEGORY EXCLUDING CA'FJAL OUTLAY
TextBox .1 JUND
TRANSFERS - OUT
0%
DEBT SERVICE
0%
EXPENDITURES - BUDGET TO ACTUAL BY FUND
AS OF SEPTEMBER 30, 2024
GENERAL FUND
PERSONNEL SERVICES
MATERIALS & SERVICES
CAPITAL OUTLAY
DEBT SERVICE
INTERFUND TRANSFERS - OUT
CEMETERY FUND
MATERIALS & SERVICES
CAPITAL OUTLAY
STREETS FUND
PERSONNEL SERVICES
MATERIALS & SERVICES
CAPITAL OUTLAY
INTERFUND TRANSFERS - OUT
TOURISM FUND
MATERIALS & SERVICES
CAPITAL OUTLAY
INTERFUND TRANSFERS - OUT
Year FY 2024-25 Budget (25% lapsed)
To Date Budget Remaining % Expended
42,743 220,497 177,754 19.4%
68,118 567,700 499,582 12.0%
96,579 316,700 220,121 30.5%
- 42,908 42,908 0.0%
480,000 480,000 0.0%
207,440 1,627,805 1,420, 365 12.7%
3,175
3,175
24,100 20,925
5,000 5,000
29,100 25,925
13.2%
0.0%
10.9%
35,186
45,466
44,368
125,020
272,875
293,950
970,000
261,750
237,689
248,484
925,632
261,750
1,798,575 1,673,555
12.9%
15.5%
4.6%
0.0%
7.0%
24,060
24,060
125,650
75,000
25,000
101,590
75,000
25,000
225,650 201,590
19.1%
0.0%
0.0%
10.7%
COMMUNITY DEVELOPMENT FUND
PERSONNEL SERVICES
MATERIALS & SERVICES
CAPITAL OUTLAY
INTERFUND TRANSFERS - OUT
73,306
16,873
19,739
109,918
379,477
89,150
199,700
38,750
306,171
72,277
179,961
38,750
707,077 597,159
19.3%
18.9%
9.9%
0.0%
15.5%
INDUSTRIAL AND ECONOMIC DEVELOPMENT
13,006
800
MATERIALS & SERVICES
CAPITAL OUTLAY
INTERFUND TRANSFERS - OUT
SDC FUND
MATERIALS & SERVICES
CAPITAL OUTLAY
WATER FUND
PERSONNEL SERVICES
MATERIALS & SERVICES
CAPITAL OUTLAY
DEBT SERVICE
INTERFUND TRANSFERS - OUT
SEWER FUND
PERSONNEL SERVICES
MATERIALS & SERVICES
CAPITAL OUTLAY
DEBT SERVICE
INTERFUND TRANSFERS - OUT
220,900
1,506,700
31,750
207,894
5.9%
13,806
1,759,350 207,894
0.8%
1,050,000 1,050,000
1,500,000 1,500,000
2,550,000 2,550,000
0.0%
0.0%
0.0%
104,535
117,238
838,594
587,423
337,200
1,810,026
500,000
1,387,737
482,888
219,962
971,432
500,000
1,387,737
1,060,367 4,622,386 3,562,019
17.8%
34.8%
46.3%
0.0%
0.0%
22.9%
100,686
113,370
774,855
988,911
567,883
473,000
3,427,500
650,000
478,990
467,197
359,630
2,652,645
650,000
478,990
5,597,373 4,608,462
17.7%
24.0%
22.6%
0.0%
0.0%
17.7%
12
LA PINE
OR EGON
$60,000.00
$50,000.00
$40,000.00
$30,000.00
$2n,nnn,00
$10,000.00
$-
$90,000.00
$80,000.00
$70,000.00
$60,000.00
$50,000.00
$4n,non.nn
$30,000.00
$20,000.00
$10,000.00
City Interest Income Revenue Report
August 2024 — September 2024
City Bank Balances —09/30/2024
Bank
9/30/2024
Rate
LGIP
$ 4,207,418.38
5.30%
FIB
$ 12,522,013.29
5.30%
FIB Checking
$ 1,211,980.59
0.00%
liVAFD
$ 1,089,146.29
2.94%
WAFD Checking
$ 566,924.19
0.00%
Xpress & Debt Reserve
72,838.03
0.00%
$ 19,670,320.77
INTEREST (BY BANK) EARNED BY MONTH
4
<(<,2-•
<oS" $
"b >'?'•
.\<<'
WAFD E FIRST INTERSTATE al LGIP E UMPQUA
INTEREST EARNED (AMOUNT) BY MONTH
_
-
1
•., () \....\\
J <<,
C)<C
13
OSP
oor
LA PINE
OR E G ON
Page I 1
CITY OF LA PINE
16345 Sixth Street — PO Box 2460
La Pine, Oregon 97739
TEL (541) 536-1432
www.laoineoreeon.aov
CITY OF LA PINE PLANNING COMMISSION RECOMMENDATION
TO THE CITY OF LA PINE CITY COUNCIL
PROPOSED DEVELOPMENT CODE AMENDMENTS
DATE: May 17, 2023
FILE NUMBER: 01TA-23
APPLICANT: City of La Pine Community Development
REQUEST: City Staff identified code language updates to:
• Provide clear and objective criteria within the zoning ordinance to provide for
greater understanding of requirements;
Specifically, the proposal is to clarify the application of La Pine Development Code
Article 8., Chapter 15.320., Section 15.320.010 B. — Minor Variance, to Article 8.,
Chapter 15.320., Section 15.320.040 - Approval Criteria (except for riparian variances).
The Planning Commission held a public hearing on May 17, 2023. Staff were then directed to prepare a
recommendation of the proposed text amendments as discussed with changes for the La Pine City Council.
STAFF CONTACT: Brent Bybee, Principal Planner
Email: bbybee@lapineoregon.gov
Phone: (541)668-1135
I. APPLICABLE CRITERIA:
PART III — CITY OF LA PINE DEVELOPMENT CODE
ARTICLE 7 — PROCEDURES
CHAPTER 15.204. — APPLICATION PROCEDURES
Sec. 15.204.040. —Type IV (legislative decisions).
OREGON REVISED STATUTES
CHAPTER 197 COMPREHENSIVE LAND USE PLANNING
ORS 197.610 - Submission of proposed comprehensive plan or land use regulation changes to
Department of Land Conservation and Development
La Pine Community Development Department — Planning Division
PO Box 2460 16345 Sixth Street La Pine, Oregon 97739
Phone: (541) 536-1432 Fax: (541) 536-1462 Email: info(aci.Ia-pine.or.us
14
Page 12
II. FINDINGS
PART 111— CITY OF LA PINE DEVELOPMENT CODE
ARTICLE 7 — PROCEDURES
CHAPTER 15.204. — APPLICATION PROCEDURES
Sec. 15.204.040. — Type IV (legislative decisions).
A. Timing of requests. The city council may establish a schedule for when it will accept
legislative code amendment or plan amendment requests, or the city council may initiate its
own legislative proposals at any time. Legislative requests are not subject to the 120-day
review period under ORS 227.178.
FINDING: The City of La Pine does not have an established schedule for accepting legislative reviews. The
applicant has been notified through this staff report that the 120-day review period does not apply to this
application. This criterion is met.
0. Application requirements.
1. Application forms. Legislative applications shall be made on forms provided by the city
nlnnninn nffirinl
2. Submittal information. The application shall contain all of the following information:
a. The information requested on the application form;
b. A map and/or plan addressing the appropriate criteria and standards in sufficient
detail for review and decision (as applicable);
c. The required fee, except when City of La Pine initiates request;
d. One copy of a letter or narrative statement that explains how the application
satisfies each and all of the relevant approval criteria and standards; and
e. Evidence of neighborhood contact, if applicable pursuant to section 15.202.050.
FINDING: The City approved application form, and accompanying narrative was submitted by applicant on April
12, 2023. 15.204.040 (B)(2)(b) does not apply as this application does not propose a change that is applicable to
any particular parcel or designation of land. Furthermore, the plan addressing the appropriate criteria and
standards are measured under the submission of 15.204.040 (8)(2)(d) with the accompanying narrative.
1 C Inn 040 (8)(2)(c) does v...+ apply as the City' of 1 a Dine initi-.+...! +L... request. 1 C -,n,1 0n0 (8)i2)(. .....r v...+
�..�.Lv-t.v-ttJ ivl�Ll��l does not 0 JIy a� 0IC ...icy 01 La Pine initiated 1.iic lel.{uCJ�. 1J.LVY.VYV �ui�LJ�c/ does 1101.
apply as this application is not applicable to Section 15.202.050 of the La Pine Development Code as it is not a
master plan, subdivision with more than ten lots, major variance, nor an owner -initiated zone change
application.
C. Procedure. Hearings on Type IV applications are conducted similar to city council hearings on
other legislative proposals, except the notification procedure for Type IV applications must
La Pine Community Development Department — Planning Division
PO Box 2460 16345 Sixth Street La Pine, Oregon 97739
Phone: (541) 536-1432 Fax: (541) 536-1462 Email: infoa,ci.Ia-pine.or.us
15
Page 13
conform to state land use laws (ORS 227.175), as follows:
1. The city planning official shall notify in writing the Oregon Department of Land
Conservation and Development (DLCD) of legislative amendments (zone change,
rezoning with annexation, or comprehensive plan amendment) at least 35 days before
the first public hearing at which public testimony or new evidence will be received. The
notice shall include a DLCD certificate of mailing.
2. At least 20 days, but not more than 40 days, before the date of the first hearing on an
ordinance that proposes to amend the comprehensive plan or any element thereof, or to
adopt an ordinance for any zone change, a notice shall be prepared in conformance with
ORS 227.175 and mailed to:
a. Each owner whose property would be directly affected by the proposal (e.g.,
rezoning or a change from one comprehensive plan land use designation to
another); see ORS 227.186 for instructions;
b. Any affected governmental agency;
c. Any person who requests notice in writing; and
d. For a zone change affecting a manufactured home or mobile home park, all mailing
addresses within the park, in accordance with ORS 227.175.
3. At least ten days before the scheduled city council public hearing date, public notice shall
be published in a newspaper of general circulation in the city.
4. For each mailing and publication of notice, the city planning official shall keep an
affidavit of mailing/publication in the record.
FINDING: The above criteria addresses additional noticing requirements for proposals in accordance with ORS
227.1754. Notice was sent to DLCD on April 12, 2023. The first public hearing before the Planning Commission
was scheduled for May 17, 2023. The City complied with this procedure. This application does not propose a
zone change or a Comprehensive Plan designation change, there is no other affected governmental agency
other than the City of La Pine, and no person(s) made a request for notice in writing. Notice for the Planning
Commission hearing was published in the local newspaper, Bend Bulletin, in their May 7th, 2023, publication.
Notice for the City Council hearing was also published in the local paper, Bend Bulletin, on November 3rd, 2024.
Affidavits of mailing are on record with the City, criteria met.
D. Final decision and effective date. A Type IV decision, if approved, shall take effect and shall
become final as specified in the enacting ordinance or, if not approved, upon mailing of the
notice of decision to the applicant. Notice of a Type IV decision shall be mailed to the
applicant, all participants of record, and the department of land conservation and
development within 20 business days after the city council decision is filed with the city
planning official. The city shall also provide notice to all persons as required by other
applicable laws.
FINDING: The amendment, if approved, will be done so through Ordinance adoption by the City Council.
La Pine Community Development Department - Planning Division
PO Box 2460 16345 Sixth Street La Pine, Oregon 97739
Phone: (541) 536-1432 Fax: (541) 536-1462 Email: infoaci.la-pine.or.us
16
Page 14
Notification will be mailed to the applicant, participants of the record, and DLCD by the City Recorder or
Planning Official. The Ordinance in it's entirety will be available on the City's website, www.lapineoregon.gov.
The City will comply with these procedures.
Oregon Revised Statutes
Chapter 197 Comprehensive Land Use Planning
197.610 Submission of proposed comprehensive plan or land use regulation changes to
Department of Land Conservation and Development; rules.
(1) Before a local government adopts a change, including additions and deletions, to an
acknowledged comprehensive plan or a land use regulation, the local government shall submit
the proposed change to the Director of the Department of Land Conservation and Development.
The Land Conservation and Development Commission shall specify, by rule, the deadline for
submitting proposed changes, but in all cases the proposed change must be submitted at least
20 days before the local government holds the first evidentiary hearing on adoption of the
proposed change. The commission may not require a local government to submit the proposed
change more than 35 days before the first evidentiary hearing,
FINDING: The City submitted notice to the Department of Land Conservation and Development (DLCD) on April
17. 7n23, Public notice was published in the Rend RKilk-tin on May 1n 2023
(2) if a local government determines that emergency circumstances beyond the control of the local
government require expedited review, the local government shall submit the proposed changes
as soon as practicable, but may submit the proposed changes after the applicable deadline.
FINDING: The city has not determined that emergency circumstances require an expedited review, and the
applicable deadlines will be met. The criterion does not apply.
(3) Submission of the proposed change must include all of the following materials:
(a) The text of the proposed change to the comprehensive plan or land use regulation
implementing the plan;
(b) if a comprehensive plan map or zoning map is created or altered by the proposed change, a
copy of the map that is created or altered;
(c) A brief narrative summary of the proposed change and any supplemental information that
the local government believes may be useful to inform the director or members of the public
of the effect of the proposed change;
(d) The date set for the first evidentiary hearing;
(e) The form of notice or a draft of the notice to be provided under ORS 197.763, if applicable;
and
(f) Any staff report on the proposed change or information describing when the staff report will
La Pine Community Development Department — Planning Division
PO Box 2460 16345 Sixth Street La Pine, Oregon 97739
Phone: (541) 536-1432 Fax: (541) 536-1462 Email: info a@ci.la pine.or.us
17
Page 15
be available, and how a copy of the staff report can be obtained.
FINDING: The April 12, 2023, submission to DLCD included a brief narrative summarizing the proposed changes,
the proposed code amendments, the date for the first evidentiary hearing, and a draft public notice including
information regarding the availability of a final staff report.
(4) The director shall cause notice of the proposed change to the acknowledged comprehensive plan
or the land use regulation to be provided to:
(a) Persons that have requested notice of changes to the acknowledged comprehensive plan of
the particular local government, using electronic mail, electronic bulletin board, electronic
mailing list server or similar electronic method; and
(b) Persons that are generally interested in changes to acknowledged comprehensive plans, by
posting notices periodically on a public website using the Internet or a similar electronic
method.
FINDING: Public notice of the proposed hearing was provided in the Bend Bulletin, made available to interested
parties, and posted on the City of La Pine Community Development website. The proposal complies.
(5) When a local government determines that the land use statutes, statewide land use planning
goals and administrative rules of the commission that implement either the statutes or the goals
do not apply to a proposed change to the acknowledged comprehensive plan and the land use
regulations, submission of the proposed change under this section is not required.
FINDING: The local government finds that the proposed text changes are editorial in nature, are intended to
make City Code consistent with State law and provide clarity to the public. The proposed changes are supportive
of Goal 1 (Citizen Involvement) by clarifying intent and removing improper citations. No other statutes or goals
apply.
III. RECOMMENDATION: The Planning Commission has reviewed the proposed code changes and recommends
that the City of La Pine City Council adopt the proposed code edits, or adopt the proposed code edits with
changes.
Respectfully,
,2/_,L____
Brent Bybee, Principal Planner
City of La Pine Community Development
Attachment: Ordinance 2024-03
La Pine Community Development Department — Planning Division
PO Box 2460 16345 Sixth Street La Pine, Oregon 97739
Phone: (541) 536-1432 Fax: (541) 536-1462 Email: infoAci.Ia-pine.or.us
18
ORDINANCE NO. 2024-03
AN ORDINANCE OF THE CITY OF LA PINE AMENDING PART III — CITY OF LA PINE DEVELOPMENT
CODE, ADOPTING ADDITIONAL PROCEDURAL CLARITY, AND DECLARING AN EMERGENCY
WHEREAS, the La Pine Development Code contains a section that requires an amendment to
clarify language and intent, codify existing practices, and provide clear and objective criteria within the
code criteria; and
WHEREAS, the City of La Pine Planning Commission held a public hearing on the proposed
language on May 17, 2023, and recommends adoption of the proposed amendments.
NOW, THEREFORE, the City of La Pine ordains as follows:
Section One: The above recitals are adopted into and made a part of this Ordinance 2024-03 as
the City's findings of fact.
Section Two: La Pine Development Code Sec. 15.320.010. —Applicability, is amended to read as
depicted on the attached Exhibit A, with additions underlined and deletions struck through.
Section Three: If any court of competent authority invalidates a portion of ordinance 2024-03,
the remaining portions will continua in hill force and affect.
Section Four: With Ordinance 2024-03 being immediately necessary for health, welfare, and
safety of the people of the City of La Pine, an emergency is hereby declared to exist, and this Ordinance
2024-03 shall become effective upon signing.
This Ordinance was PASSED and ADOPTED by the La Pine City Council by a vote of for, and
._d nonnr ,r11 L.. ...L_ N1_..___L_.. .1
against c111U Fil'rpL,Vcu Uy IIIC ItIclyVr V11 IVVVCIIIUt1 .LJ, 2024.
Daniel Richer, Mayor
ATTEST:
Geoff Wullschlager, City Manager
Page 1 orie
PART III - CITY OF LA PINE DEVELOPMENT CODE
Article 8 - APPLICATIONS AND REVIEWS
CHAPTER 15.320. - VARIANCES
Sec. 15.320.010. - Applicability.
A. Variance. Variances from the provisions and requirements of this chapter may be
approved in accordance with the provisions of this section.
B. Minor variance. A minor variance is a variance to an area or dimensional standard of this
Development Code that complies with Section 15.320.040 and meets one of the following
conditions. Only one such variance may be granted for any one lot, parcel or tract of land.
1. Involves a deviation from a minimum lot size requirement of not more than ten
percent.
2. Involves a deviation from a yard or setback requirement of not more than 25 percent.
3. Involves a request for the expansion of a non -conforming use by not more than ten
percent.
C. Riparian variance. In cases where the limitations on activities within the significant
riparian corridor unduly restricts the development of a lot or parcel legally created before
the effective date of this Development Code, a property owner may request a riparian
variance.
Page 2 o2H
m�• aw• ie
LA PINE
OR EGON
Page I 1
CITY OF LA PINE
16345 Sixth Street — PO Box 2460
La Pine, Oregon 97739
TEL (541) 536-1432
www.laoineoreeon.eov
CITY OF LA PINE PLANNING COMMISSION RECOMMENDATION
TO THE CITY OF LA PINE CITY COUNCIL
PROPOSED DEVELOPMENT CODE AMENDMENTS
DATE: October 16, 2024
FILE NUMBER: 01TA-24
APPLICANT: City of La Pine Community Development
REQUEST: City Staff identified code language updates to:
• Bring city code into compliance with current State statutes and regulations;
• Provide clear and objective criteria within the zoning ordinance to provide for
greater understanding of requirements;
• Allow for local flexibility in interpreting code language;
• Edit code language that is incorrect;
• Delete references to outdated or removed sections.
Specifically, the proposed code amendments consist of clarifying updates and
housekeeping revisions to Part Ili of the La Pine City Code. The proposal includes the
following:
• Define drive up and drive thru facilities, mobile food units, and flag lots;
• Match the definitions for partitions, property line adjustments, and replats to
those in state statute;
• Amend the lot size and paving requirements for self-service storage facilities;
• Removing manufactured dwelling parks as a development option from all
Commercial zones;
a Further define residential lot frontage requirements;
• Provide code language requiring the retention of existing trees to the furthest
extent possible when new development is proposed;
• Providing additional drive up and drive thru facility standards;
• Refining allowed pedestrian access materials;
• Amending the Type I procedures to match state statute;
• Removing code criteria that identifies mobile food unit approval periods, as it
contradicts the criteria within Sec. 15.105.070.
• Amended standards towards property line adjustments, removing references to
"boundary" line adjustment or "lot" line adjustment to match state statute;
• New criteria towards replats, better addressing the requirements within state
statute.
La Pine Community Development Department — Planning Division
PO Box 2460 16345 Sixth Street La Pine, Oregon 97739
Phone: (541) 536-1432 Fax: (541) 536-1462 Email: infoAci.la=pine.or.us
21
Page 12
The Planning Commission held a work session on June 5, 2024 & July 17, 2024, to discuss the proposed changes.
Public hearings were also held on September 18, 2024, and October 16, 2024. Staff were then directed to
prepare a recommendation of the proposed text amendments as discussed with changes for the La Pine City
Council.
STAFF CONTACT: Brent Bybee, Principal Planner
Email: bbybee@lapineoregon.gov
Phone: (541)668-1135
1. APPLICABLE CRITERIA:
PART 1I1— CITY OF LA PINE DEVELOPMENT CODE
ARTICLE 7 — PROCEDURES
CHAPTER 15.204. — APPLICATION PROCEDURES
Sec. 15.204.040. —Type IV (legislative decisions).
OREGON REVISED STATUTES
CHAPTER 197 COMPREHENSIVE LAND USE PLANNING
ORS 197.610 - Submission of proposed comprehensive plan or land use regulation changes to
Department of Land Conservation and Development
II. FINDINGS
PART 111— CITY OF LA PINE DEVELOPMENT CODE
ARTICLE 7 — PROCEDURES
CHAPTER 15.204. —APPLICATION PROCEDURES
Sec. 15.204.040. — Type IV (legislative decisions).
A. Timing of requests. The city council may establish a schedule for when it will accept
legislative code amendment or plan amendment requests, or the city council may initiate its
own legislative proposals at any time. Legislative requests are not subject to the 120-day
review period under ORS 227.178.
FINDING: The current request was initiated by the city, and is not subject to the 120-day review period under
ORS 227.178. Criteria met.
B. Application requirements.
1. Application forms. Legislative applications shall be made on forms provided by the city
planning official.
2. Submittal information. The application shall contain all of the following information:
La Pine Community Development Department — Planning Division
PO Box 2460 16345 Sixth Street La Pine, Oregon 97739
Phone: (541) 536-1432 Fax: (541) 536-1462 Email: infoRci.la-pine.or.us
22
Page 13
a. The information requested on the application form;
b. A map and/or plan addressing the appropriate criteria and standards in sufficient
detail for review and decision (as applicable);
c. The required fee, except when City of La Pine initiates request;
d. One copy of a letter or narrative statement that explains how the application
satisfies each and all of the relevant approval criteria and standards; and
e. Evidence of neighborhood contact, if applicable pursuant to section 15.202.050.
FINDING: The applicable form was filled out by the city and submitted for the proposal. All information
requested on the application form was provided. A map or plan is not applicable towards the code amendments
that are proposed. The request was initiated by the City of La Pine, therefore a fee is not required. This staff
report and work session materials serves as the narrative statement demonstrating compliance with the
approval criteria. A neighborhood contact meeting is not required in accordance with LPDC Sec. 15.202.050.
Criteria met.
C. Procedure. Hearings on Type IV applications are conducted similar to city council hearings on
other legislative proposals, except the notification procedure for Type IV applications must
conform to state land Lice laws (ORS 2271751 as fnllowc:
1. The city planning official shall notify in writing the Oregon Department of Land
Conservation and Development (DLCD) of legislative amendments (zone change,
rezoning with annexation, or comprehensive plan amendment) at least 35 days before
the first public hearing at which public testimony or new evidence will be received. The
notice shall include a DLCD certificate of mailing.
2. At least 20 days, but not more than 40 days, before the date of the first hearing on an
ordinance that proposes to amend the comprehensive plan or any element thereof, or to
adopt an ordinance for any zone change, a notice shall be prepared in conformance with
ORS 227.175 and mailed to:
a. Each owner whose property would be directly affected by the proposal (e.g.,
rezoning or a change from one comprehensive plan, land use designation to
another); see ORS 227.186 for instructions;
b. Any affected governmental agency;
c. Any person who requests notice in writing; and
d. For a zone change affecting a manufactured home or mobile home park, all mailing
addresses within the park, in accordance with ORS 227.175.
3. At least ten days before the scheduled city council public hearing date, public notice shall
be published in a newspaper of general circulation in the city.
La Pine Community Development Department — Planning Division
PO Box 2460 16345 Sixth Street La Pine, Oregon 97739
Phone: (541) 536-1432 Fax: (541) 536-1462 Email: info(a,ci.Iapine.or.us
23
Page 14
4. For each mailing and publication of notice, the city planning official shall keep an
affidavit of mailing/publication in the record.
FINDING: The above criteria addresses additional noticing requirements for proposals in accordance with ORS
227.1754. Notice was provided to DLCD on August 14, 2024, which is 35 days before the initial hearing on
September 18, 2024. Notice was also provided to all property owners within the City of La Pine on August 29,
2024, 20 days prior to the hearing, in accordance with the criteria of ORS 227.186, and subsection 2 above.
Newspaper notice was published in the Bend Bulletin on September 1, 2024, exceeding the 10-day notice
requirement. Criteria met.
D. Final decision and effective date. A Type IV decision, if approved, shall take effect and shall
become final as specified in the enacting ordinance or, if not approved, upon mailing of the
notice of decision to the applicant. Notice of a Type IV decision shall be mailed to the
applicant, all participants of record, and the department of land conservation and
development within 20 business days after the city council decision is filed with the city
planning official. The city shall also provide notice to all persons as required by other
applicable laws.
FINDING: Once a final decision has been rendered by the City Council, notice shall be mailed to the applicant,
participants of record, and DLCD within 20 days. Notice shall also be provided to all other persons as required by
other applicable laws.
Oregon Revised Statutes
Chapter 197 Comprehensive Land Use Planning
197.610 Submission of proposed comprehensive plan or land use regulation changes to
Department of Land Conservation and Development; rules.
(1) Before a local government adopts a change, including additions and deletions, to an
acknowledged comprehensive plan or a land use regulation, the local government shall submit
the proposed change to the Director of the Department of Land Conservation and Development.
The Land Conservation and Development Commission shall specify, by rule, the deadline for
submitting proposed changes, but in all cases the proposed change must be submitted at least
20 days before the local government holds the first evidentiary hearing on adoption of the
proposed change. The commission may not require a local government to submit the proposed
change more than 35 days before the first evidentiary hearing.
FINDING: The City submitted notice to the Department of Land Conservation and Development (DLCD) on
August 14, 2024. Public notice was published in the Bend Bulletin on September 1, 2024.
(2) If a local government determines that emergency circumstances beyond the control of the local
government require expedited review, the local government shall submit the proposed changes
as soon as practicable, but may submit the proposed changes after the applicable deadline.
FINDING: The city has not determined that emergency circumstances require an expedited review, and the
applicable deadlines will be met. The criterion does not apply.
La Pine Community Development Department — Planning Division
PO Box 2460 16345 Sixth Street La Pine, Oregon 97739
Phone: (541) 536-1432 Fax: (541) 536-1462 Email: info(a.ci.Ia-pine.or.us
24
Page 15
(3) Submission of the proposed change must include all of the following materials:
(a) The text of the proposed change to the comprehensive plan or land use regulation
implementing the plan;
(b) If a comprehensive plan map or zoning map is created or altered by the proposed change, a
copy of the map that is created or altered;
(c) A brief narrative summary of the proposed chance and any supplemental information that
the local government believes may be useful to inform the director or members of the public
of the effect of the proposed change;
(d) The date set for the first evidentiary hearing;
(e) The form of notice or a draft of the notice to be provided under ORS 197.763, if applicable;
and
(f) Any staff report on the proposed change or information describing when the staff report will
be available, and how a copy of the staff report can be obtained.
FINDING: The August 14, 2024, submission to DLCD included a brief narrative summarizing the proposed
changes vvork session materials, the date for the first evidentiary hearing and a draft public notice including
information regarding the availability of a final staff report.
(4) The director shall cause notice of the proposed change to the acknowledged comprehensive plan
or the land use regulation to be provided to:
(a) Persons that have requested notice of changes to the acknowledged comprehensive plan of
the particular local government, using electronic mail, electronic bulletin board, electronic
mailing list server or similar electronic method; and
(b) Persons that are generally interested in changes to acknowledged comprehensive plans, by
posting notices periodically on a public website using the Internet or a similar electronic
method.
FINDING: Public notice of the proposed hearing was provided in the Bend Bulletin, made available to interested
parties, and posted on the City of La Pine Community Development website. The proposal complies.
(5) When a local government determines that the land use statutes, statewide land use planning
goals and administrative rules of the commission that implement either the statutes or the goals
do not apply to a proposed change to the acknowledged comprehensive plan and the land use
regulations, submission of the proposed change under this section is net required.
FINDING: The local government finds that the proposed text changes are editorial in nature, are intended to
make City Code consistent with State law and provide clarity to the public. The proposed changes are supportive
of Goal 1 (Citizen Involvement) by clarifying intent and removing improper citations. No other statutes or goals
apply.
La Pine Community Development Department — Planning Division
PO Box 2460 16345 Sixth Street La Pine, Oregon 97739
Phone: (541) 536-1432 Fax: (541) 536-1462 Email: info(Wci.Ia-pine.or.us
25
Page 16
III. RECOMMENDATION: The Planning Commission has reviewed the proposed code changes and recommends
that the City of La Pine City Council adopt the proposed code edits, or adopt the proposed code edits with
changes.
Respectfully,
Brent Bybee, Principal Planner
City of La Pine Community Development
Attachments: Public and Agency Comments
Ordinance 2024-02
La Pine Community Development Department — Planning Division
PO Box 2460 16345 Sixth Street La Pine, Oregon 97739
Phone: (541) 536-1432 Fax: (541) 536-1462 Email: info(aci.la-pine.or.us
26
From:
To:
Subject:
Date:
Carl and Sara Mesaros
Brent Bybee
Ordinance 2024-02
Friday, September 6, 2024 8:29:13 AM
To Brent Bybee, Principal Planner
Thank you for your prompt response to my request for information regarding Ordinance 2024-
02
We especially appreciate the addition of the Retention of trees requirement for development
included in the proposed ordinance. It has been very stressful to watch trees being destroyed
for new construction.
Also, we appreciate the requirement for increasing the width of sidewalks.
Carl and Sara Mesaros
Fordham Dr.
Crescent Creek
27
From:
To:
Cc:
Subject:
Date:
Attachments:
Patrick Trowbridge
Mel Mills
Brent Bybee; Rachel Vickers; Geoff Wullschlager
Re: 01TA-24 - Comment Period Procedures
Tuesday, September 24, 2024 11:54:09 AM
image001.Dnq
Some people who received this message don't often get email from patricktrow@gmail.com. Learn why this is
important
I concur with Mel's summary of the flag lot scenario. What Mel describes makes
sense on many levels. (Note: The city of Bend allows a 15' flagpole with only 15' of
street frontage) One of the most important aspects of the 20' flagpole is having a
usable lot that allows the addition of an ADU in the backyard that is reasonably
accessible. The ADU is one type of affordable infill housing that we so desperately
need. It allows the people who live here in La Pine to participate in the solution of
the lack of affordable housing while benefiting from their investment in our
community. Examples: A young couple starting out can have extra income to
qualify for a larger mortgage lowering their out of pocket expenses with the help of
the ADU income. Or an elderly couple who want to travel more and choose to live
in the ADU while renting their main home out to someone else, allowing them to
afford to travel more than they would otherwise. Not to mention, the ability to have
multi generational housing options for families. Adult children just starting out can
live in their parents ADU, retired parents live in the ADU with their adult children
in the home etc... These are just a few examples of the many uses an ADU provides
for all stages of life.
While understanding that many types of housing is needed toward defeating the
shortage of affordable housing in Oregon, a noteworthy benefit of this type of grass
roots affordable housing is that it doesn't require taxpayer funded affordable
housing grants that end up attracting large out of state developers who build multi
story apartment buildings. I understand the need for these affordable housing
apartment complexes, but ask yourself this question: Would you rather live in a
quaint cottage in the forest? Or a multi story apartment complex?
The ability to create reasonable lot shapes/sizes affords a quality living experience
for the end user, while utilizing the available residential land inside city limits
reducing the need for future UGB expansions without burdensome infrastructure.
A 55'x300' lot is not a good use of precious land inside the city limits. Having a
55'x300' lot will eliminate hundreds of acres of usable land inside city limits
rendering this land unusable for housing. We need to be extremely careful to protect
infill housing development opportunities that will benefit the residents of LaPine for
generations to come. Flag lots make sense and are desperately needed in La Pine.
Thank you,
28
Patrick Trowbridge
Owner of Vic's Bar & Grill
541-390-4961
On Tue, Sep 24, 2024 at 10:34 AM Mel Mills <mel_mills@yahoo.com> wrote:
Hi Brent, her is my input for file 01TA-24. Mel
City of LaPine flag lots
The City should adopt the 20 foot wide pole for a flag lot. This will
make the city consistent with most jurisdictions. The 20 foot width
allows for two emergency vehicles to ingress/egress at the same time.
In the case of the Cagle neighborhood, if the City required 50 foot
poles on a flag lot you would end up with a 3 lot partition of 55x300.
With side setbacks you could only build a house of maximum width of
35 feet. To access the back of your 300 foot lot you would have to
use the 10 foot setback area. No room for landscaping, vehicles
passing close to your house. Very difficult to add any outbuildings or
accessory dwelling units (ADU) because of the width constraint.
Although not part of the City code, but the City controls it, is where
the STEG system tank is placed. For the flag lot, if it could be located
at the top of the flag pole then you could use gravity to the tank from
the structures and gravity from the tank to the City sewer line. This
would save cost of pumping, energy for the pump, and maintenance of
the pump and it's floats. Saving of several thousand dollars on
installation and savings of at least $ 1 00 per year in energy and
29
maintenance. Low cost housing in mind.
Yahoo Mail: Search, Organize, Conquer
On Thu, Sep 19, 2024 at 1:40 PM, Brent Bybee
<bbybee@Iapineoregon.gov> wrote:
Mel and Patrick,
This email is intended to ensure that you are understanding of the next steps after the
Planning Commission determined it necessary to continue the hearing to a date and time
certain.
The motion stated:
I move to close the oral portion of the hearing for File 01TA-24, and leave the
written record open to be considered at the Planning Commission meeting on
October 16, 2024, at 5: 30pm at La Pine City Hall. The initial seven days up until
September 25, 2024, at 5pm shall be dedicated to new evidence. The following
seven days up until October 2, 2024, at 5pm, shall be dedicated strictly to
responses to the new evidence submitted during the initial seven days. A final
seven days up until October 9, 2024, at 5pm, shall be dedicated solely to the
rebuttal of new evidence and responses during the initial 14 days by the
Applicant.
If you are unclear on the procedures stated in the motion, please reach out for
clarification and staff can assist you.
Written comments can be dropped off at City Hall, or emailed to myself at
bbybee@lapineoregon.gov. All comments received will be uploaded to the City website
in a timely manner, and can be viewed here:
https://www.lapineoregon.gov/cd/page/2024-text-amendments
Please remember that the oral portion of the hearing is closed. The hearing that will
occur on October 16 will be for deliberations only by the Planning Commission, and
there will not be a portion dedicated to public comment or testimony, or the ability to
answer questions. Their deliberations will be based on the information discussed in the
first hearing, and the comments received while the written record is open for the next
three weeks. If you have questions prior to the hearing, please reach out to staff and we
will assist to the best of our ability.
30
Thank you
31
From: Erik Huffman
To: Brent Bybee
Cc: Geoff Wullschlaaer; Rachel Vickers
Subject: Re: 01TA-24 Flag Lot Frontage Professional Opinion
Date: Wednesday, September 25, 2024 2:03:50 PM
Attachments: image001.onq
Hi Brent, most municipal jurisdictions allow for 20 foot wide flag poles for flag lots so it
is common and typically doesn't create any issues. The reasons I can see to make
them wider are 1) provide extra width to allow for septic tank/water meter/franchise
utilities placement at the property line and 2) a general desire for larger lot sizes and
greater setbacks than other communities in the region, which is how the City's
development code is set up now.
To elaborate on 1), if the flag pole was 20 feet wide there wouldn't be enough room to
place the driveway, septic tank, water meter and franchise utility connections with any
separation from eachother at the property line, so the developer would have to put the
septic tank within the driveway. And when the septic tank is in the driveway it needs
to be constructed with a reinforced concrete cap with manhole lids over the septic
tank risers. If the preference is to keep septic tanks out of driveways, I would
recommend a minimum of 30 feet of width for the pole.
Let me know if you have any questions. -Erik
Erik Huffman, PE, PLS, CWRE, LEED AP
BECON www.beconeng.com
549 SW Mill View Way, Suite 100
Bend, OR 97702
Office (541) 633-3140
Direct (541) 668-6250
Cell (503) 730-5274
On Tuc, Sep 24, 2024 at 4:43 PM Brent Bybee <bbybee@lapineoregon.gov> wrote:
Erik,
A reminder that the deadline for new evidence is tomorrow afternoon at 5pm.
32
From: Brent Bybee
Sent: Thursday, September 19, 2024 3:51 PM
To: Erik Huffman <ehuffmanPbeconeng.com>
Cc: Geoff Wullschlager<gwullschlager(ailapineoregon.gov>; Rachel Vickers
<rvickersP lapineoregon.gov>
Subject: 01TA-24 Flag Lot Frontage Professional Opinion
Hello Erik,
During a recent Planning r'nmmiss:on hearing for some code amendments through File
01TA-24, part of the discussion was in relation to flag lots, and the required frontage for
those lots. Initially staff proposed that the pole portion of a flag lot match the city residential
frontage requirement of 50' for the entire length of the pole.
During the hearing, we received comments regarding this change, with proposals of a 20'
width.
The Planning Commission ultimately continued the hearing to a date and time certain to
gather further evidence regarding the feasibility and benefit of a 20' wide pole versus a 50'
wide pole. Part of their request was that staff receive a professional opinion on the matter.
We have until Sept 25th to submit new written evidence into the record for consideration,
can you please provide a detailed response determining the feasibility for a 20' wide pole
utilized for property access? The application materials, staff report, and draft code changes
can be found here https://www.lapincoregon.gov/cd/page/2024-text-amendments.
33
Please let me know if you have any questions.
34
md®
LA PINE
OR EGON
September 25, 2024
To: La Pine Planning Commission
Subject: File # 01TA-24 — Flag Lot Comments
Commissioners,
CITY OF LA PINE
16345 Sixth Street — PO Box 2460
La Pine, Oregon 97739
TEL (541) 536-1432
www.lapineoregon.gov
At the hearing held on September 18, 2024, the Commission requested additional evidence towards the
proposed width of flag lot poles. During the hearing, development constraints were discussed through
public comments, and staff initially agreed that if the Commission saw fit, a 20 foot wide pole would be
acceptable for flag lots.
At the direction of the Planning Commission, Staff reached out to the City's Contract Engineer, Erik
Huffman. His comments have been included in the record. His comments acknowledge that although
other jurisdictions typically require a 20 foot wide pole, there are however two reasons why making the
pole wider would be advantageous for the City.
1. It would provide extra width to allow for septic tank/water meter/franchise utilities placement at
the property line; and
2. Would meet a general desire for larger lot sizes and greater setbacks than other communities in
the region, which is how the City's development code is setup now.
Huffman goes on to elaborate his reasoning on item 1, stating that "if the flag pole was 20 feet wide
there wouldn't be enough room to place the driveway, septic tank, water meter and franchise utility
connections with any separation from each other at the property line, so the developer would have to
put the septic tank within the driveway. And when the septic tank is in the driveway it needs to be
constructed with a reinforced concrete cap with manhole lids over the septic tank risers. If the
preference is to keep septic tanks out of driveways, ! would recommend a minimum of 30 feet of width
for the pole."
An important factor to consider moving forward when comparing La Pine to other jurisdictions within
the area is that the City's wastewater system is unique, and not like other sy3#ems in the region. STEG
systems do not rely upon gravity to transport wastewater to the wastewater facilities, and instead rely
upon a system of pumps. As wastewater leaves a property within the City of La Pine, it first travels from
the building or use on a subject property to a septic tank. This tank hotds the solids, and allows the
liquids to travel to the mainline, and is eventually pumped to the wastewater treatment facility.
Periodically, the City will visit the property to empty the solids out of the tank, and transport them to the
wastewater faciiity for treatment. The iancio)wner is respo)nsibie for ail wastewater components leading
from their building or use, to the mainline at the street.
When a new development is proposed, the Public Works Department requires septic tanks to be located
as close to the adjacent road as possible. This requirement alleviates safety concerns when City Staff is
visiting a property to pump septic tanks. It also removes the need for additional access easements
leading onto the property, which are required for City Staff to access the tank. This would meet the City
35
of La Pine Design Standards, which currently require septic tanks to be located at the property line.
Additionally, as Huffman states, there must also be room for a water meter, and franchise utility
connections.
The City agrees with Huffman's statements in his first point, but do not acknowledge the sentiments
raised in his second point. As initially proposed, Staff identified a 50-foot-wide pole requirement for flag
lots. Comments received from the public advocated for a 20-foot-wide pole, or whatever is in the best
interest of the city to allow for higher density development. Taking into account the unique wastewater
system that the City utilizes to serve its citizens, Staff supports Huffman's comments regarding the
utilization of a 30-foot pole requirement. Not only does this better allow for a higher density of
development than a 50-foot pole would, but it also ensures that all City utilities are accounted for and
can be easily maintained by the City.
The Planning Department thanks the Planning Commission for its consideration of this code
amendment, and ensuring it meets the needs of the community.
Brent Bybee
Principal Planner
36
From:
To:
Subject:
Date:
Attachments:
Patrick Trowbridge
Brent Bybee; Mel Mills; Geoff Wullschlager; Rachel Vickers
Photos of flag lots with septic tanks
Thursday, September 26, 2024 4:17:29 PM
IMG 9849.joq
IMG 9850.ioq
Brent, I'd like to have these photos included in the public comments regarding the city
engineers comments that a septic tank will not fit inside of a 20' flag . Here are two examples
of septic tanks fitting inside of existing 20' flagpoles. A driveway only needs to 10' wide.
Essentially if we are going to widen the plot to 30' we might as well keep the lots the way they
are and use the 15'x 5' foot for the tank. The problem however is the added cost of an ejector
purnp that will be needed to push the affluent from the home out to the tank at the tanks being
placed at the house make the most sense for cost effectiveness.
Sent from Gmail Mobile
37
38
39
LA PINE
OR E G ON
October 9, 2024
To: La Pine Planning Commission
Subject: File # 01TA-24 — Flag Lot Comments
Commissioners,
CITY OF LA PINE
16345 Sixth Street — PO Box 2460
La Pine, Oregon 97739
TEL (541) 536-1432
www.lapineoregon.gov
This letter is to address all comments and additional evidence received towards the proposed code
amendments, in accordance with the motion approved by the Commission at the hearing held on
September 18, 2024, in which the Commission requested additional evidence towards the proposed
width of flag lot poles.
On September 24, 2024, Mel Mills submitted comments regarding the proposed code amendment. In his
comment letter, he states the City should adopt a 20 foot width for the flag lot poles. He states this is
adequate for two emergency vehicles to ingress/egress at the same time, and that with the proposed 50
foot width would not allow a home to be built in the pole. A 10 foot setback area would be utilized for
access, with no room for landscaping, and vehicles travelling right next to a home. He goes on to state
the benefits of allowing the septic tanks to be placed on the flag portion of a lot, stating that gravity
could then be utilized for wastewater to the main sewer line instead of a pump at the home, reducing
costs to the homeowner.
On September 24, 2024, Patrick Trowbridge submitted comments regarding the proposed code
amendment. In his comment letter he concurred with "Mel's" summary of a flag lot scenario. His
comments are directed towards the utilization of a 20 foot width for flag lot poles which would allow for
the addition of an ADU. He goes on to state the benefits of ADU's for the community and the fact that
they don't require affordable housing grants. He finishes with considerations towards maximizing the
developable land within the city, states that a 55'x300' lot is not a good use of precious land, and that
flag lots make sense and are desperately needed in La Pine.
On September 25, 2024, staff submitted a comment letter addressing comments from the City's Contract
Engineer, Erik Huffman. The comment letter from Huffman was also received on September 25, 2024.
Huffman's comments ultimately recommended a width of 30 feet for the pole portion of a flag lot. His
reasoning was directed towards maintaining adequate space for the placement of a driveway, septic
tank, water meter, and franchise utility connections. As detailed in Staff's comment letter on September
25, 2024, Staff supported Huffman's comments, and recommended utilizing the 30 foot width
requirement for flag lot poles.
An additional comment was received on September 26, 2024, from Patrick Trowbridge by email, and was
included in the record. Trowbridge states in the email that he disagrees with the Engineer's comments
regarding septic tanks not fitting within a 20 foot pole. He provided two pictures of two different
driveway entrances with septic tanks at the entrance of the flag lot properties, and goes on to state that
only 10 feet is needed for a driveway. He goes on to state that if the standard is set at 30 feet, the
properties might as well be kept the way they are and use the 15 feet by 5 feet for the tank. He finishes
with concerns regarding ejector pump cost to push the effluent from the house to the tank, and that
tanks being placed at the house are most cost effective.
40
Staff appreciates the comments from Mills and Trowbridge, and the thought they have put into the
proposal. Their comments do not take into consideration however the installation of a water meter,
franchise utility connections, and the City's policy regarding the placement of septic tanks at the front of
the property to alleviate safety concerns of City Staff visiting the property to pump the tanks. Placing the
tanks at the front of the property also negates the need for additional access easements allowing City
Staff to pump the tanks without having to enter a citizen's property.
As detailed in staff's letter on September 25, 2024, staff recommends utilizing the professional opinion of
the City's Contract Engineer, imposing a 30 foot requirement for flag lot poles.
The staff report has been amended to reflect this, and will be available for review by the commission
during deliberations scheduled for October 16, 2024. The previous language proposed to the
commission stated that:
The minimum frontage width requirements shall also apply to the full length of a flag lot "pole", as
defined under Flag Lot Sec. 15.12.020. Where townhomes are proposed on the 'flag" portion of a flag
lot, not adjacent to a street, the 30 foot width requirement shall apply to the "pole".
To reflect Staff's recommendation, it has been amended to state:
When a flag lot is proposed, as defined under Flag Lot in section 15.12.020, the minimum
frontage width shall be 30 feet, and shall apply to the full length of the flag lot "pole':
The Planning Department again thanks the Planning Commission for its consideration of this code
amendment, and ensuring it meets the needs of the community.
O ✓ �---
Brent Bybee
Principal Planner
41
ORDINANCE NO. 2024-02
AN ORDINANCE OF THE CITY OF LA PINE AMENDING PART III — CITY OF LA PINE DEVELOPMENT
CODE, ADOPTING ADDITIONAL PROCEDURAL CLARITY, STREAMLINING APPLICATION PROCESSES, AND
EXPANDING OPTIONS FOR LOCAL RESIDENTS, AND DECLARING AN EMERGENCY
WHEREAS, the La Pine Development Code contains several sections that require amendments to
bring the code into compliance with State law, and to remove references to outdated or removed State
statutes or City of La Pine Code language; and
WHEREAS, other sections of the City of La Pine's Development Code requires amendments to
clarify language and intent, codify existing practices, and provide clear and objective criteria within the
code criteria; and
WHEREAS, the City of La Pine Planning Commission held a public hearing on the proposed
language on September 18, 2024, and October 16, 2024, and recommends adoption of the proposed
amendments.
NOW, THEREFORE, the City of La Pine ordains as follows:
Section One: The above recitals are adopted into and made a part of this Ordinance 2024-02 as
the City's findings of fact.
Section Two: La Pine Development Code Sec. 15.12.020. — Definitions, is amended to add new
definitions and amend existing definitions to read as depicted on the attached Exhibit A, with additions
underlined and deletions ;truck through.
Section Three: La Pine Development Code Sec. 15.18.300. — Use Regulations, is amended to read
as depicted on the attached Exhibit B, with additions underlined and deletions struck through.
Section Four: La Pine Development Code Sec. 15.18.400. — Development Standards, Table 15.18-
2., is amended to read as depicted on the attached Exhibit C, with additions underlined and deletions
struck through.
Section Five: La Pine Development Code Sec. 15.22.300. — Use Regulations, and Table 15.22-1., is
amended to read as depicted on the attached Exhibit D, with additions underlined and deletions struck
through.
Section Six: La Pine Development Code Sec. 15.24.300. — Use Regulations, and Table 15.24-1., is
amended to read as depicted on the attached Exhibit E, with additions underlined and deletions struck
through.
Section Seven: La Pine Development Code Sec. 15.82.010. — Landscaping and buffering
requirements, is amended to read as depicted on the attached Exhibit F, with additions underlined and
deletions struck through.
Page 1 of 49
Section Eight: La Pine Development Code Sec. 15.86.040. — Drive up and drive -through uses and
facilities, is amended to read as depicted on the attached Exhibit G, with additions underlined and
deletions struck through.
Section Nine: La Pine Development Code Sec. 15.88.050. — Pedestrian access and circulation, is
amended to read as depicted on the attached Exhibit H, with additions underlined and deletions struck
through.
Section Ten: La Pine Development Code Sec. 15.204.010. —Type I procedure (ministerial/staff
review), is amended to read as depicted on the attached Exhibit I, with additions underlined and
deletions struck through.
Section Eleven: La Pine Development Code Sec. 15.318.070. —Approval period and time
extension, is amended to read as depicted on the attached Exhibit J, with additions underlined and
deletions struck through.
Section Twelve: La Pine Development Code CHAPTER 15.414. — RE PLATTING AND BOUNDARY
LINE ADJUSTMENTS, is amended to read as depicted on the attached Exhibit K, with additions
underlined and deletions struck through.
Section Thirteen: La Pine Development Code CHAPTER 15.415. — REPLATS, is added to read as
depicted on the attached Exhibit K, with additions underlined and deletions ctr''ckk t r H
Section Fourteen: If any court of competent authority invalidates a portion of ordinance 2024-
02, the remaining portions will continue in full force and effect.
Section Fifteen: With Ordinance 2024-02 being immediately necessary for health, welfare, and
safety of the people of the City of La Pine, an emergency is hereby declared to exist, and this Ordinance
2024-02 shall become effective upon signing.
This Ordinance was PASSED and ADOPTED by the La Pine City Council by a vote of _ for, and
against and APPROVED by the mayor on November 13, 2024.
Daniel Richer, Mayor
ATTEST.
Geoff Wullschlager, City Manager
Page 2 of 45
PART 11I - CITY OF LA PINE DEVELOPMENT CODE
Article 2 - DEFINITIONS AND USE CATEGORIES
Sec. 15.12.020. - Definitions
Drive up and drive thru facility means a permanent facility or structure that is designed to allow
drivers to remain in their vehicles before and during an activity on the site. Drive -through
facilities also include facilities designed for the rapid servicing of vehicles, where the drivers may
or may not remain in their vehicles, but where the drivers usually either perform the service for
themselves, or wait on the site for the service to be rendered. Drive -through facilities may serve
the primary use of the site or may serve accessory uses.
Mobile Food Unit means a mobile vehicle, such as a food truck, trailer, or car, from which
primarily food or beverages is provided to walk-up customers and does not include drive-thru
service. Mobile Food Units shall be mobile at all times and must be on wheels that are functional
and appropriate for the type of unit at all times.
Flag lot means a lot located behind a frontage lot, plus a strip of land out to the street for an
access drive. There are two distinct parts to a flag lot: the "flag" which comprises the actual
building site located at the rear portion of the original lot, and the "pole" which provides access
from a street to the flag lot.
Partitioning land means to divide a lot, parcel or tract of land into two or three parcels, but
does not include thc following: dividing land to create not more than three parcels of land
within a calendar year, but does not include:
1. A division of land resulting from a lien foreclosure, foreclosure of a recorded contract for
thc sale of real property, or the creation of a cemetery lot. Dividing land as a result of a
lien foreclosure, foreclosure of a recorded contract for the sale of real property or the
creation of cemetery lots;
2. An adjustment of a property line by the relocation of a common boundary where an
by the adjustment complies with the applicable zoning. Adjusting a property line as
property line adjustment is defined.
Page 3 of 44
3. The division of land resulting from the recording of a subdivision or condominium plat.
Dividing land as a result of the recording of a subdivision or condominium plat;
4.
or seller of the lot may have owned other contiguous Tots or property prior to the sale; the
lot, however, must be sold as platted and recorded. Selling or granting by a person to a
public agency or public body of property for state highway, county road, city street or other
right of way purposes if the road or right of way complies with the applicable
comprehensive plan and ORS 215.213 (2)(p) to (r) and 215.283 (2)(q) to (s). However, any
property sold or granted for state highway, county road, city street or other right of way
purposes shall continue to be considered a single unit of land until the property is further
subdivided or partitioned; or
5. Selling or granting by a public agency or public body of excess property resulting from the
acquisition of land by the state, a political subdivision or special district for highways, county
roads, city streets or other right of way purposes when the sale or grant is part of a property
line adjustment incorporating the excess right of way into adjacent property. The property
line adjustment shall be approved or disapproved by the applicable local government. If the
property line adjustment is approved, it shall be recorded in the deed records of the county
where the property is located.
Property Line Adjustment means a relocation or elimination of all or a portion of the common
property line between abutting properties that does not create an additional lot or parcel.
Repiat means the act of platting the lots, parcels and easements in a recorded subdivision or
partition plat to achieve a reconfiguration of the existing subdivision or partition plat or to
increase or decrease the number of lots in the subdivision.
Page 4 of 45
PART III - CITY OF LA PINE DEVELOPMENT CODE
Article 3 - ZONING DISTRICTS
CHAPTER 15.18. - RESIDENTIAL ZONES
Sec. 15.18.300. - Use regulations.
Uses may be designated as permitted, limited, conditional, or prohibited in the residential
zones. As noted in Table 15.18-1, a use may also be subject to special use standards
of article 6.
A. Permitted uses (P). Uses allowed outright in the residential zones are listed in Table
15.18-1 with a "P."
B. Limited uses (L). Uses allowed in the residential zones subject to limitations are listed
in Table 15.18-1 with an "L." The limitations are defined below and correspond with
the footnote numbers in Table 15.18-1.
1. Commercial lodging. Commercial lodging uses in the RSF and RMF zones are
limited to bed and breakfast inns.
2. Retail sales and service. Retail sales and service uses in the RSF and RMF zones are
limited to veterinary clinics and commercial kennels where the animal -related
facilities are primarily indoors.
3. Self-service storage. Self-service storage uses are required to have a minimum lot
size of five acres. The expansion of existing self -storage facilities must meet the
minimum acreage requirement. All areas within 30 feet of storage unit building
access points or doors, shall be paved with an asphalt surface.
4. Parks and open areas. Cemeteries require a conditional use permit in the RSF and
RMF zones. All other parks and open areas uses permitted outright.
C. Conditional uses (CU). Uses which are allowed if approved through the conditional use
review process are listed in Table 15.18-1 with a "CU." These uses are allowed
provided they comply with the conditional use requirements of chapter 15.316,
conditional uses. Uses listed with a "CU" that also have a footnote number in the table
are subject to the regulations cited in the footnote.
Page 5 of 46
D. Prohibited uses (N). Uses listed in Table 15.18-1 with an "N" are prohibited. Existing
uses in categories listed as prohibited may be subject to the regulations of chapter
15.08, non -conforming uses and structure.
Page 6 of 4
PART III - CITY OF LA PINE DEVELOPMENT CODE
Article 3 - ZONING DISTRICTS
CHAPTER 15.18. - RESIDENTIAL ZONES
Sec. 15.18.400. - Development standards.
A. Purpose. The development standards for residential zones work together to create
desirable residential areas by promoting aesthetically pleasing environments, safety,
privacy, energy conservation, and recreational opportunities. The development
standards generally ensure that new development will be compatible with the city's
character. At the same time, the standards allow for flexibility for new development.
In addition, the regulations provide certainty to property owners, developers, and
neighbors about the limits of what is allowed.
B. Development standards. The development standards for residential zones are
presented in Table 15.18-2. Development standards may be modified as provided
by chapter 15.320, variances. Additional standards may apply to specific zones or
uses, see section 15.18.500. Footnotes in the table correspond to the sections below.
1. Minimum density standard in the RSF zone only applies to subdivisions.
Development on existing lots and partitions are exempt from this standard.
2. Accessory dwellings do not count toward the maximum density standard in the
RSF zone.
Table 15.18-2. Development Standards in the Residential Zones
Standard
RSF
RMF
Minimum street frontage
When a flag lot is proposed, as
50 feet
35 feet on cul-de-sac street
25 feet for townhomes
50 feet
35 feet on a cul-de-sac street
25 feet for townhomes
defined under Flag Lot in section
15.12.020, the minimum frontage
width shall be 30 feet, and shall
apply to the full length of the flag
lot "pole".
Page 7 of 28
PART III - CITY OF LA PINE DEVELOPMENT CODE
Article 3 - ZONING DISTRICTS
CHAPTER 15.22. - COMMERCIAL AND MIXED -USE ZONES
Sec. 15.22.300. - Use regulations
Uses may be designated as permitted, limited, conditional, or prohibited in the
commercial and mixed -use zones. As noted in Table 15.22-1, a use may also be subject to
special use standards of article 6.
A. Permitted uses (P). Uses allowed outright in the commercial and mixed -use zones are
listed in Table 15.22-1 with a "P." In the C zone, any use that emits fumes or noxious
odors, requires an air quality permit from the Oregon Department of Environmental
Quality (DEQ), or emits noise beyond 20 decibels (dB) is required to obtain a
rnnriitionnl use permit nllrculant to chapter l S 316 conditional '. sec
B. Limited uses (L). Uses allowed in the commercial and mixed -use zones subject to
limitations are listed in Table 15.22-1 with an "L." The limitations are defined below
and correspond with the footnote numbers in Table 15.22-1. In the C zone, any use
that emits fumes or noxious odors, requires an air quality permit from the Oregon
Department of Environmental Quality (DEQ), or emits noise beyond 20 decibels (dB) is
required to obtain a conditional use permit pursuant to chapter 15.316, conditional
uses.
1. Marijuana facilities in the C and CMX zones. Allowed marijuana facilities in the C
and CMX zone[s] are limited to marijuana testing laboratories. Marijuana
production or processing uses are prohibited.
2. Mixed use development in the CRMX zone. Non-residential uses noted with a (2)
are allowed in combination with residential uses in the CRMX zone if the
nonresidential uses are limited to a total of 60 percent of the gross floor area of all
uses in the development. Business parks and funeral homes are prohibited
nonresidential uses.
1 iniireless telecommunication facilit;,r in the CRMX ar,,4 r-n,7v Communication
J. VVII I.II.JJ LL.IL.L.LJI/IIII UIIIL.LIIIVII JUI.IIIIIGJ //I IIIG L.IuVLr. (4IILA L..IVI/l zones. ..V111111U111L UI.IVll
antennas mounted on existing buildings, structures, or public utility transmission
towers are permitted outright. Communication towers require a conditional use
permit.
Page 8 of 49
4. Retail sales and service in the CMX zone. Automobile, RV, and truck sales uses
require a conditional use permit. Funeral homes are prohibited. All other retail
sales and service uses are permitted outright.
5. Commercial lodging in the CN zone. Commercial lodging uses in the CN zone are
limited to bed and breakfast inns.
6. Retail sales and service in the CN zone. Automobile, RV, and truck sales and
funeral homes are prohibited in the CN zone. Veterinary clinics and kennels
require a conditional use permit. All other retail sales and service uses are
permitted outright.
7. Parks and open areas in the CN zone. Cemeteries require a conditional use permit
in the CN zone. All other parks and open areas uses permitted outright.
8. Self-service storage. Self-service storage uses are required to have a minimum lot
size of five acres. The expansion of existing self -storage facilities must meet the
minimum acreage requirement. All areas within 30 feet of storage unit access
points or doors shall be paved with an asphalt surface.
C. Conditional uses (CU). Uses which are allowed if approved through the conditional use
review process are listed in Table 15.22-1 with a "CU." These uses are allowed,
provided they comply with the conditional use requirements of chapter 15.316,
conditional uses. Uses listed with a "CU" that also have a footnote number in the table
are subject to the regulations cited in the footnote.
D. Prohibited uses (N). Uses listed in Table 15.22-1 with an "N" are prohibited. Existing
uses in categories listed as prohibited may be subject to the regulations of chapter
15.08, non -conforming uses and structures.
Table 15.22-1. Use Regulations in the Commercial and Mixed -Use Zones
Use Category
C
CRMX
CMX
CN
Special Use
Standards
Manufactured dwelling park
GUN
P N
P N
P N
Self-service storage
N
N
P ll
CU 131
-
Page 9 of 96
PART III - CITY OF LA PINE DEVELOPMENT CODE
Article 3 - ZONING DISTRICTS
CHAPTER 15.24. - INDUSTRIAL AND PUBLIC FACILITY ZONES
**)
Sec. 15.24.300. - Use regulations.
Uses may be designated as permitted, limited, conditional, or prohibited in the industrial
and public facility zones. As noted in Table 15.24-1, a use may also be subject to special
use standards of article 6.
A. Permitted uses (P). Uses allowed outright in the industrial and public facility zones are
listed in Table 15.24-1 with a "P."
O U. Limited uses(L). Uses allowed in the industrial and public facility zones subject to
limitations are listed in Table 15.24-1 with an "L." The limitations are defined below
and correspond with the footnote numbers in Table 15.24-1.
1. Eating and drinking establishments in the LI zone. Eating and drinking
establishments in the LI zone are limited to 2,500 square feet of gross floor area.
2. Offices in the LI, 1, and PFzones. Offices as a primary use are limited to industrial
offices (as defined in section 15.14.235) and government offices that do not
include a point -of -service facility. All other office uses must be accessory to a
permitted industrial use.
3. Retail sales and services in the LI zone. Retail sales and services in the LI zone are
limited to 2,500 square feet of gross floor area, except for the following uses:
a. Health and fitness centers may exceed the maximum floor area.
b. Retail sales of heavy equipment may exceed the maximum floor area with a
conditional use permit.
L. Retail sales of goods that are U:JJIc.yLu outdoors, such as sales of building
materials, landscape materials, or garden or farm supplies, may exceed the
maximum floor area with a conditional use permit.
4. Automotive wrecking, salvage, and junk yards. The storage or sale of junk requires
a special license, see section 15.108.040.
Page 10 of 2
5. General manufacturing and production in the LI zone. Agricultural processing
establishments require a conditional use permit. Energy and power generation
uses are prohibited. All other general manufacturing and production uses are
permitted outright.
6. Warehouse and freight movement in the LI zones. Truck transportation and
loading terminals require a conditional use permit. All other warehouse and
freight movement uses permitted outright.
7. Community services in the LI zone. Government buildings and services that do not
include a point -of -service facility are permitted. All other uses are prohibited.
8. Agriculture in the LI zone. Agriculture uses in the LI zone are limited to large
animal veterinary clinics allowed with a conditional use permit.
9. Marijuana facilities in the I zone. Marijuana testing laboratories are permitted
outright. Marijuana processing facilities, production facilities, or wholesalers are
allowed with a conditional use permit.
10. Retail sales and services in the I and PF zones. Retail sales and services in the I and
PF zones are limited to mobile food unit sites.
11. Self-service storage. Self-service storage uses are required to have a minimum lot
size of five acres. The expansion of existing self -storage facilities must meet the
minimum acreage requirement. All areas within 30 feet of storage unit access
points or doors shall be paved with an asphalt surface.
C. Conditional uses (CU). Uses which are allowed if approved through the conditional use
review process are listed in Table 15.24-1 with a "CU." These uses are allowed
provided they comply with the conditional use requirements of chapter 15.316,
conditional uses. Uses listed with a "CU" that also have a footnote number in the table
are subject to the regulations cited in the footnote.
D. Prohibited uses (N). Uses listed in Table 15.24-1 with an "N" are prohibited. Existing
uses in categories listed as prohibited may be subject to the regulations of chapter
15.08, non -conforming uses and structures.
Table 15.24-1. Use Regulations in the Industrial and Public Facility Zones
Use Category
LI
I
PF
Special Use
Standards
Self-service storage
CU (11)
P (11)
P (11)
—
Page 11 of B2
PART III - CITY OF LA PINE DEVELOPMENT CODE
Article 5 - DEVELOPMENT STANDARDS
CHAPTER 15.82. - LANDSCAPING, BUFFERING AND FENCES
Sec. 15.82.010. - Landscaping and buffering requirements.
The following minimum landscape requirements are established for all developments
subject to site plan approval, unless approved otherwise by the reviewing authority:
A. Exemption. The provisions of this section may be exempted for uses existing on or
before the effective date of this Development Code that are a permitted use in a
specific zone in an existing building or buildings on a lot or parcel of land of the scale
that there is no remaining room for landscaping; this exemption shall also apply to the
exterior remodeling and/or expansion of not more than 25 percent of the total square
footage of all enclosed structures on a lot or parcel existing under a unit ownership on
or before the effective date of this Development Code.
B. Area required. Except as approved otherwise by the city, the following minimum
percent of a parcel area shall be landscaped for the following uses:
1. Duplexes and triplexes: 25 percent.
2. Multi -family developments dwelling complexes containing four or more units and
commercial residential mixed uses (CRMX): 20 percent.
3 Commercial uses including mixed use commercial (CMX): 15 percent.
4. Industrial uses. A minimum five-foot landscaped buffer along any adjoining public
right-of-way of a collector or arterial street or highway, which may be computed
toward an overall requirement of ten percent.
5. Minimum area requirements may include landscaping around buildings, in parking
and loading areas, outdoor recreational use areas, screening and buffering areas,
and surface water drainage areas.
C. Landscaping uCJ:.Cu. Required landscaping may include, but is not limited to, a
combination of any of the following materials: living plant material such as trees,
shrubs, groundcover, flowers and lawn (including native vegetation); and nonliving
materials such as benches, walkways and courtyards, consisting of brick, decorative
rock or other decorative materials. The total amount of nonliving materials (including
bark dust, chips, aggregate, or other non -plant ground covers) shall not exceed more
than 50 percent of the required landscape area.
Page 12 of g5
D. Existing vegetation. Existing site vegetation shall be utilized to the maximum
extent possible consistent with building placement and the applicable proposed
landscape plan.
E. Parking lots. Parking lots with space for ten or more vehicles must be landscaped in
accordance with the following minimum requirements:
1. In commercial and residential developments, parking areas shall be divided into
bays, and between or at the end of each parking bay a curbed planter containing
at ►east 16 square feet may be required.
2. If required, each planter shall contain at least one tree or shrub and ground cover.
3. The areas shall be designed to be protected from being damaged by vehicles using
the parking area.
4. Unless sidewalks are provided adjacent to a structure, customer or resident
parking areas should be separated from the exterior wall of a commercial or
residential structure by a minimum five-foot strip of landscaping.
5. Where a parking, loading or driveway area serving a multi -family, commercial,
industrial or government use abuts a public right-of-way of a collector or arterial
street or a local street across from a residential zone, or abuts a residential zone, a
screen planting or other approved landscaped planter strip may be required
between the parking area and the right-of-way without encroaching into a clear
vision area or sidewalk.
F. Buffering and screening.
1. Purpose. The purpose of buffering and screening requirements are to reduce the
impacts of a proposed use on adjacent uses and zones which provide for different
types of uses. The city may waive or reduce the requirements where existing
topography or vegetation is appropriate or otherwise negates the effectiveness or
intended purpose or benefits of the buffering and screening.
2. Where any permitted principal and/or accessory use in a commercial or industrial
zone abuts any land zoned RSF, RMF, RMP or TA the following buffer and
screening shall be required. These requirements shall apply in instances where
such use is being newly developed on vacant land, expanded in floor area by 50
percent or greater, or removed and a new use developed.
3. Within commercial zones. A buffer strip at least ten feet wide shall be provided
and maintained along the entire length of a side or rear yard where it abuts an
RSF, RMF, RMP, or TA zone. Buffer strips shall not be used for parking, storage of
vehicles, equipment, or materials, nor for any other use incompatible with their
purpose as a visual, noise, dust, and pollution barrier. The buffer strip shall
contain suitable screening, defined as either of the following:
Page 13 of g§
a. A solid fence or wall, architecturally compatible with existing structures in the
area, no less than five feet nor more than eight feet in height; or
b. A sight -obscuring planting of evergreens, not less than four feet in height at
the time of planting and of a variety that will maintain full, dense growth from
the ground up to a height of not less than six feet upon maturity, planted at a
spacing of the lesser of eight feet or the diameter of a mature specimen of the
species being planted.
c. Areas of the buffer strip not covered with a fence, wall, or screening plantings,
shall be planted with appropriate ground cover vegetation, including native
species. Xeriscape methods are highly encouraged.
d. Installation and maintenance of the buffer and screening shall be the
responsibility of the owner of the property on which the "C" type zone
permitted use is located. Installation must be completed prior to issuance of a
certificate of use and occupancy by the city. Fences or walls must be
maintained in safe and structurally sound condition. Dead or diseased plants
shall be removed and replaced in a timely manner. Grass shall be kept neatly
mowed.
4. Within industrial zones. A buffer strip at least 30 feet wide shall be provided and
maintained along the entire length of a side or rear yard where it abuts any RSF,
RMF, RMP, or TA zoned land. Buffer strips shall not be used for parking, storage of
vehicles, equipment, or materials, nor for any other use incompatible with their
purpose as a visual, noise, dust, and pollution barrier. The buffer shall meet the
following standards:
a. The buffer shall be planted with evergreens capable of obtaining and
maintaining a dense growth to a full height and a full canopy diameter of no
less than 12 feet. The minimum height at the time of planting shall be six feet.
Plants shall be situated in two rows within the buffer strip, each row being
located at least ten feet from the edge of the buffer strip. Plants in each row
shall be spaced no more than 20 feet center -to -center and the two rows shall
be situated in an alternating pattern so that the trees in one row are located
centrally between the trees in the other row. Plants shall be allowed to obtain
a minimum height of 12 feet and shall not be trimmed below that height
thereafter.
b. Installation and maintenance of the buffer and screening shall be the
racnnncihiiit, of the owner of the property on n,hirh the industrial use i
N .y .. N N. .y ., i II Iuu.),I �uI u.3� I.
located. Installation must be completed prior to issuance of a certificate of use
and occupancy by the city. Dead or diseased plants shall be removed and
replaced in a timely manner. Xeriscape methods and use of native species is
highly encouraged.
Page 14 of 55
c. A property owner may not sell, lease, or otherwise transfer property if such
action results in a reduction of a separation distance for a commercial or light
manufacturing use below the minimum required in this section. Likewise, a
property owner may not remove or alter natural vegetation or landforms
serving upon a waiver from the city as buffer and screening for a commercial
or light manufacturing use if such action results in the natural buffer and
screening being less effective than as required in this and other sections of
this Development Code.
5. A buffer or screening area may only be occupied by screening utilities and
landscaping materials, but the same may be located within the required yard or
setback requirements provided vision clearance requirements are complied with.
6. In lieu of the foregoing requirements, an applicant may provide for landscaping
and screening, including plantings, fences, walls, walks and other features
designed to afford the same degree of buffering as the standards above. A plan
and specifications for an alternative shall be reviewed and approved by the review
authority.
G. Plant material installation standards. Except as otherwise approved by the city, the
following standards shall apply to plant materials and the installation thereof as
provided in accordance with the provisions of this section:
1. Landscape plant materials shall be properly guyed and staked, and shall not
interfere with vehicular or pedestrian traffic or parking and loading.
2. Trees shall be a minimum size of six feet in height and be fully branched at the
time of planting.
3. Shrubs shall be supplied in one -gallon containers or six-inch burlap balls with a
minimum spread of 12 inches.
4. Rows of plants should be staggered to provide for more effective coverage.
H. Maintenance and plant survival. All landscaping approved or required as a part of a
development plan shall be continuously maintained, including necessary watering,
weeding, pruning and replacement of plant materials. Except where the applicant
proposes landscaping consisting of drought -resistant plantings and materials that can
be maintained and can survive without irrigation, landscaped areas shall be irrigated.
If plantings fail to survive, it is the responsibility of the property owner to replace
them.
I. Retention of trees. As part of a landscaping plan, the developer shall also provide a
tree plan identifying the location and diameter breast height (DBH) of all trees on the
property. Existing mature trees with at least a 10-inch DBH shall be retained to the
furthest extent possible. Development shall conform to the natural environment to
incorporate existing mature trees. Where trees must be removed for proposed
development, they shall be replaced at a 1:1 ratio on the subject lot or parcel with
Page 15 of B6
trees of similar species that are native to the region, and with a DBH of at least 5-
inches or larger. Replacement trees shall meet the maintenance and plant survival
criteria of this code section. Any trees planted must maintain a 20-foot radius for
spacing. The 20-foot radius spacing shall be the determining factor in how many trees
are replaced on the subject property. If more trees must be planted than what the 20-
foot radius spacing would allow, then the number of trees replaced shall be reduced to
meet the spacing standard.
Page 16 of 85
PART 1I1 - CITY OF LA PINE DEVELOPMENT CODE
Article 5 — DEVELOPMENT STANDARDS
CHAPTER 15.82. - PARKING AND LOADING
Sec. 15.86.040. - Drive -up and drive -through uses and facilities
A. Purpose. Where drive -up or drive -through uses and facilities are allowed, they shall
conform to all of the following standards, which are intended to calm traffic, provide
for adequate vehicle queuing space, prevent automobile turning movement conflicts,
and provide for pedestrian comfort and safety.
8. Standards. Drive -up and drive -through facilities (i.e., driveway queuing areas,
customer service windows, teller machines, kiosks, drop -boxes, or similar facilities)
shall meet all of the following standards:
1. The drive -up or drive -through facility shall orient to and receive access from a
driveway that is internal to the development and not a street, as generally
illustrated.
2. The drive -up or drive -through facility shall not be oriented to street corner.
3. The drive -up or drive -through facility shall not be located within 20 feet of a
street right-of-way.
4. Drive -up and drive -through queuing areas shall be designed so that vehicles will
not obstruct any street, fire lane, walkway, bike lane, or sidewalk.
5. All drive up and drive thru facilities must be permanently affixed to the ground
and be connected to the City Water and Sewer in accordance with the standards
of chapter 15.90.
Page 17 of B8
PART III - CITY OF LA PINE DEVELOPMENT CODE
Article 5 - DEVELOPMENT STANDARDS
CHAPTER 15.88. - ACCESS AND CIRCULATION
Sec. 15.88.050. - Pedestrian access and circulation.
A. Purpose and intent. This section implements the pedestrian access and connectivity
policies of City of La Pine Transportation System Plan and the requirements of the
Transportation Planning Rule (OAR 660-012). It is intended to provide for safe,
reasonably direct, and convenient pedestrian access and circulation.
B. Standards. New subdivisions, multi -family developments, planned developments,
commercial developments and institutional developments shall conform to all of the
fnllnwing standards for pedestrian ❑cross and circulation:
1. Continuous walkway system. A pedestrian walkway system shall extend
throughout the development site and connect to adjacent sidewalks, if any, and to
all future phases of the development, as applicable.
2. Safe, direct, and convenient. Walkways within developments shall provide safe,
reasonably direct, and convenient connections between primary building
entrances and all adjacent parking areas, recreational areas, playgrounds, and
public rights -of -way conforming to the following standards:
a. The walkway is reasonably direct. A walkway is reasonably direct when it
follows a route that does not deviate unnecessarily from a straight line or it
does not involve a significant amount of out -of -direction travel.
b. The walkway is designed primarily for pedestrian safety and convenience,
meaning it is reasonably free from hazards and provides a reasonably smooth
and consistent surface and direct route of travel between destinations. The
city may require landscape buffering between walkways and adjacent parking
lots or driveways to mitigate safety concerns.
c. Vehicle/walkway separation. Except as required for crosswalks, per subsection
d., below, where a walkway abuts a driveway or street it shall be raised six
inches and curbed along the edge of the driveway or street. Alternatively, the
city may approve a walkway abutting a driveway at the same grade as the
driveway if the walkway is physically separated from all vehicle -maneuvering
areas. An example of such separation is a row of bollards (designed for use in
Page 18 of 39
parking areas) with adequate minimum spacing between them to prevent
vehicles from entering the walkway.
d. Crosswalks. Where a walkway crosses a parking area or driveway
("crosswalk"), it shall be clearly marked with contrasting paving materials (e.g.,
pavers, light -color concrete inlay between asphalt, or similar contrasting
material). The crosswalk may be part of a speed table to improve driver -
visibility of pedestrians.
e. Walkway construction. Walkway surfaces may be concrete, asphalt, brick or
masonry pavers, or other city -approved durable surface meeting ADA
requirements. Walkways shall be not Tess than foursix feet in width, except
that the city may require five foot wide, or wider, sidewalks in developments
where pedestrian traffic warrants walkways wider than foursix feet.
f. Multi -use pathways. Multi -use pathways, where approved, shall be ten feet
wide and constructed of asphalt, concrete or other city -approved durable
surface meeting ADA requirements consistent with the applicable city
engineering standards.
Page 19 of 98
PART III - CITY OF LA PINE DEVELOPMENT CODE
Article 7 - PROCEDURES
CHAPTER 15.204. - APPLICATION PROCEDURES
Sec. 15.204.010. - Type I procedure (ministerial/staff review).
A. Type 1 procedure (staff review). The city planning official; or his or her designee,
without public notice and without a public hearing, makes ministerial decisions
through the Type I procedure because a Type 1 decision is neither a land use decision
nor a limited land use decision under ORS 197.015. Ministerial decisions are those
where city standards and criteria do not require the exercise of discretion (i.e., there
are clear and objective standards). The city planning official's review of a zoning
checklist is intended to determine whether minimum code requirements are met and
whether any other land use permit or approval is required prior to issuance of a
building permit. Alternatively, the planning official may elect to process a Type I
application under a Type II procedure.
D. Application requirements. Approvals requiring Type I review shall be made on forms
provided by the city; or, in the case of a zoning checklist, the city planning official may
determine that the building permit application provides sufficient information.
Applications shall:
a. include the information requested on the application form;
b. Address the criteria in sufficient detail for review and action; and
c. Be filed with the required fee.
B—EC.} Criteria and decision. Type I applications shall be approved or denied by the city
planning official within 30 days of the application's acceptance as complete by the
planning official upon consideration of the applicable clear and objective criteria.
E. 1n i Eff cti, e date. A Type I decision is final on the data it is signed by the city planning
official unless appealed by the applicant in accordance with subsection G [F].
f—^G.i-VV _.ce. Notice of a decision aidii be provided w i„z z3 %:ari< „ the uhrii:w :.s
representative and the property owner.
G. [F.]-Appeals. The applicant for a Type I review may appeal [the] planning official's
decision on the application to the planning commission. The appeal shall be filed,
pursuant to the provisions of chapter 15.212, within 12 days from the date of the
Page 20 of 05
decision. A Type I decision is not a land use decision as defined by ORS 197.015, and
therefore is not subject to appeal to the state land use board of appeals.
State Law reference— Definitions, ORS 197.015.
Page 21 of ®B
PART III - CITY OF LA PINE DEVELOPMENT CODE
Article 8 - APPLICATIONS AND REVIEWS
CHAPTER 15.318. - MOBILE FOOD UNIT SITE PERMIT
A mobile food unit site approval is valid for four years from the date of the final written
decision. If the city's final written decision is app algid, the approval period shall
commence on the date of the final appellate decision. During this four year period, the
approval shall be implemented, or the approval will become void. "Implemented" means
JI net: _rs.ary develop -men* permits shall be obtained ,,rid n:air't .hed for the ais-proved
four year permit by filing a ncw, Type II application.
Page 22 of @5
PART III - CITY OF LA PINE DEVELOPMENT CODE
Article 9 - LAND DIVISIONS
CHAPTER 15.414. - PROPERTY LINE ADJUSTMENTS
Sec. 15.z114.010. Ro_platting and v cation of plat
Any plat or portion thereof may be re platted or vacated upon receiving an application
cigned by all of the owners as appearing on the deed. Except as required for street
vacations, the same procedure and standards that apply to the creation of a plat
{preliminary plat followed by final plat) shall be used to re plat or vacate a plat. Street
vacations arc subject te-ORS 271. A re plat or vacation application may be denied if it
abridges or destroys any public right in any of its public uses, improvements, streets or
alleys; or if it fails to meet any applicable city standards.
seq.
Sec. 15.414.0210. - BoundaryProperty line adjustments.
A. Submission requirements. All applications for boundarya property line adjustment
shall be made on forms provided by the city and shall include information required for
a Type I review, pursuant to article 7. The application shall include a preliminary lot
line map drawn to scale identifying all existing and proposed lot lines and dimensions,
footprints and dimensions of existing structures (including accessory structures),
location and dimensions of driveways and public and private streets within or abutting
the subject lots, location of lands subject to the flood plain overlay or other overlay
zones, existing fences and walls, and any other information deemed necessary by the
planning official for ensuring compliance with city codes. The application shall be
signed by all of the owners as appearing on the deeds of the subject lots.
B. Approval criteria. The planning official shall approve or deny a request for a property
line adjustment in writing, based on all of the following criteria:
1. Parcel creation. No additional parcel or lot is created by the letproperty line
adjustment;
2. Lot standards. All lots and parcels conform to the applicable lot standards of the
zoning district (article 3), including lot area, dimensions, setbacks, and coverage.
As applicable, all lots and parcels shall conform the flood plain overlay or other
applicable overlay zones (article 4); and
Page 23 of 84
3. Access and road authority standards. All lots and parcels conform to the standards
or requirements of article 5 [chapter 15.88], access and circulation, and all
applicable road authority requirements are met. If a lot is non -conforming to any
city or road authority standard, it shall not be made less conforming by the
boundaryproperty line adjustment.
Sec. 15.414.0;20. - Final map recordation - be property line adjustment.
A. The final map for a boundaryproperty line adjustment survey shall comply with the
requirements of ORS 92 and 209. The original plat shall be prepared at a scale and in a
format as specified on the application form,
R. The original plat and an exact copy shall be submitted to and approved by the
planning official. The approval shall be evidenced by signature on both the original
and exact copy.
C. The original plat and exact copy shall be submitted along with the appropriate
recording fee to the county surveyor for recording into the county survey records.
D. The original plat and exact copy shall then be submitted along with the appropriate
recording fee to the county clerk for recording into the county clerk's records.
E. After recording information is placed on the exact copy by the county clerk, the exact
copy and the required number of points, a minimum of six copies, unless otherwise
specified by the county surveyor at the time of survey recording, shall then be
submitted to the county surveyor to complete the recording process.
F. After recording information is placed on the exact copy, a copyies
shall then be submitted to the planning official, together with an electronic copy in a
format approved by the City of La Pine.
State Law reference— Final approval of plats and plans, ORS 92.010 et seq.; county
surveyors, ORS 209.005 et seq.
CHAPTER 15.415. - REPLATS
Sec, 15.415.010. - Procedures.
A. The same procedure and standards that apply to the creation of a plat (tentative plan
followed by final plat) apply to a replat pursuant to chapter 15.410.
C,," IC /11 C ( ) l A.IAR.; -d ra....ri..w 4
JCV. JJ.`T.LJ.V LV. - 'mon,"I Id Vl 1Q1 Slan{Aa1 U .
A. Limitations on replotting include, but are not limited to, the following:
1. A replat only applies to a recorded plat;
2. A replat cannot vacate any public street or road; and
Page 24 of 85
3. A replat of a portion of a recorded plat will not act to vacate any recorded
covenants or restrictions.
B. If the property to be replatted is determined to be part of an undeveloped subdivision
pursuant to ORS 92.225, The noticing and hearing procedures of ORS 92.225 shall apply.
C. A replat application may be denied if it abridges or destroys any public right in any of its
public uses, improvements, streets, or alleys; or if it fails to meet any applicable City
standards.
D. If a utility easement is proposed to be realigned, reduced in width or omitted by a
replat, all affected utility companies and public agencies shall be notified.
E. An application for a replat that will change the exterior boundary of a recorded plat of a
subdivision shall include authorization agreeing to the reconfiguration from the
homeowner's association or governing body of the subdivision, if any.
F. Any application for vacation pursuant to ORS 368 must be submitted to and reviewed by
Deschutes County.
Page 25 of ®6
MEETING DATE:
TO:
FROM:
SUBJECT:
LA PINE
OR EGON
CITY OF LA PINE
STAFF MEMO
November 13, 2024
La Pine City Council
Brent Bybee, Principal Planner
File 01TA-24, Ordinance 2024-02
[ ] Resolution
[ ] No Action — Report Only [ X ]
[ X ] Formal Motion
Commissioners.
[ X ]
Ordinance
Public Hearing
Other/Direction: Please see below
The code amendments proposed are a result of work sessions and public hearings previously held with
the Planning Commission, changes proposed by the Planning Commission, and scrivenors errors identified
by staff. The Planning Commission Recommendation provided by staff outlines the proposed changes,
which generally address the amendments identified below.
Proposed Amendments
Specifically, the proposed code amendments consist of clarifying updates and housekeeping revisions to
Part III of the La Pine City Code. The proposal includes the following:
• fl finn rdrivo iin n !Id driv9 mrthl! unitc, and fl-.o lnts:
• Match the definitions for partitions, property line adjustments, and replats to those in state statute;
A...........J a.L... lot ..:_., and paving
for self-service- - Pilities
• rsiiiciii.i the lot size anu I,laVill� requirements for storage facilities;
• Removing manufactured dwelling parks as a development option from all Commercial zones;
• Further define residential lot frontage requirements;
• Provide code language requiring the retention of existing trees to the furthest extent possible when
new development is proposed;
67
• Providing additional drive up and drive thru facility standards;
• Refining allowed pedestrian access materials;
• Amending the Type I procedures to match state statute;
• Removing code criteria that identifies mobile food unit approval periods, as it contradicts the criteria
within Sec. 15.105.070.
• Amended standards towards property line adjustments, removing references to "boundary" line
adjustment or "lot" line adjustment to match state statute;
• New criteria towards replats, better addressing the requirements within state statute.
Staff Recommendation
Staff recommends a formal motion and vote from the City Council stating, "I move to approve File 01TA-
24 as reommended by the Planning Commission on October 16, 2024, with concurrent approval of
Ordinance 2024-02 as presented by Staff."
68
ORDINANCE NO. 2024-02
AN ORDINANCE OF THE CITY OF LA PINE AMENDING PART III — CITY OF LA PINE DEVELOPMENT
CODE, ADOPTING ADDITIONAL PROCEDURAL CLARITY, STREAMLINING APPLICATION PROCESSES, AND
EXPANDING OPTIONS FOR LOCAL RESIDENTS, AND DECLARING AN EMERGENCY
WHEREAS, the La Pine Development Code contains several sections that require amendments to
bring the code into compliance with State law, and to remove references to outdated or removed State
statutes or City of La Pine Code language; and
WHEREAS, other sections of the City of La Pine's Development Code requires amendments to
clarify language and intent, codify existing practices, and provide clear and objective criteria within the
code criteria; and
WHEREAS, the City of La Pine Planning Commission held a public hearing on the proposed
language on September 18, 2024, and October 16, 2024, and recommends adoption of the proposed
amendments.
NOW, THEREFORE, the City of La Pine ordains as follows:
Section One: The above recitals are adopted into and made a part of this Ordinance 2024-02 as
the City's findings of fart.
Section Two: La Pine Development Code Sec. 15.12.020. — Definitions, is amended to add new
definitions and amend existing definitions to read as depicted on the attached Exhibit A, with additions
underlined and deletions struck through.
Section Three: La Pine Development Code Sec. 15.18.300. — Use Regulations, is amended to read
as depicted on the attached Exhibit B, with additions underlined and deletions struck through.
Section Four: La Pine Development Code Sec. 15.18.400. — Development Standards, Table 15.18-
2., is amended to read as depicted on the attached Exhibit C, with additions underlined and deletions
struck through.
Section Five: La Pine Development Code Sec. 15.22.300. — Use Regulations, and Table 15.22-1., is
amended to read as depicted on the attached Exhibit D, with additions underlined and deletions struc,E
through.
Section Six: La Pine Development Code Sec. 15.24.300. — Use Regulations, and Table 15.24-1., is
amended to read as depicted on the attached Exhibit E, with additions underlined and deletions struck
through.
Section Seven: La Pine Development Code Sec. 15.82.010. — Landscaping and buffering
requirements, is amended to read as depicted on the attached Exhibit F, with additions underlined and
deletions struck through.
Page 1 of 69
Section Eight: La Pine Development Code Sec. 15.86.040. — Drive up and drive -through uses and
facilities, is amended to read as depicted on the attached Exhibit G, with additions underlined and
deletions struck through.
Section Nine: La Pine Development Code Sec. 15.88.050. — Pedestrian access and circulation, is
amended to read as depicted on the attached Exhibit H, with additions underlined and deletions struck
through.
Section Ten: La Pine Development Code Sec. 15.204.010. —Type I procedure (ministerial/staff
review), is amended to read as depicted on the attached Exhibit I, with additions underlined and
deletions struck through.
Section Eleven: La Pine Development Code Sec. 15.318.070. — Approval period and time
extension, is amended to read as depicted on the attached Exhibit J, with additions underlined and
deletions struck through.
Section Twelve: La Pine Development Code CHAPTER 15.414. — RE PLATTING AND BOUNDARY
LINE ADJUSTMENTS, is amended to read as depicted on the attached Exhibit K, with additions
underlined and deletions struck through.
Section Thirteen: La Pine Development Code CHAPTER 15.415. — REPLATS, is added to read as
depicted on the attached Exhibit K, with additions underlined and deletions struck through.
Section Fourteen: If any court of competent authority invalidates a portion of ordinance 2024-
02, the remaining portions will continue in full force and effect.
Section Fifteen: With Ordinance 2024-02 being immediately necessary for health, welfare, and
safety of the people of the City of La Pine, an emergency is hereby declared to exist, and this Ordinance
2024-02 shall become effective upon signing.
This Ordinance was PASSED and ADOPTED by the La Pine City Council by a vote of _for, and
against and APPROVED by the mayor on November 13, 2024.
Daniel Richer, Mayor
ATTEST:
Geoff Wullschlager, City Manager
Page 2 of 28
PART III - CITY OF LA PINE DEVELOPMENT CODE
Article 2 - DEFINITIONS AND USE CATEGORIES
Sec. 15.12.020. - Definitions
Drive up and drive thru facility means a permanent facility or structure that is designed to allow
drivers to remain in their vehicles before and during an activity on the site. Drive -through
facilities also include facilities designed for the rapid servicing of vehicles, where the drivers may
or may not remain in their vehicles, but where the drivers usually either perform the service for
themselves, or wait on the site for the service to be rendered. Drive -through facilities may serve
the primary use of the site or may serve accessory uses.
Mobile Food unit means a mobile vehicle, such as a food truck, trailer, or car, from which
primarily food or beverages is provided to walk-up customers and does not include drive-thru
service. Mobile Food Units shall be mobile at all times and must be on wheels that are functional
and appropriate for the type of unit at all times.
Flag lot means a lot located behind a frontage lot, plus a strip of land out to the street for an
access drive. There are two distinct parts to a flag lot: the "flag" which comprises the actual
building site located at the rear portion of the original lot, and the "pole" which provides access
from a street to the flag lot.
Partitioning land means divida lot, parcel or tract of !and into two or thrcc parcels, but
docs not include thc following: dividing land to create not more than three parcels of land
within a calendar year, but does not include:
1. A division of land resulting from a lien foreclosure, foreclosure of a recorded contract f
Dividing land as a result of a
hen foreclosure foreclosure of a recorded contract for the sale of real property or the
creation of cemetery lots;
2.
additional unit of land is not cr atcd, and where the existing unit of land ti4ec
by the adjustment complies with thc applicable zoning. Adjusting a property line as
property line adjustment is defined.
Page 3 of 2
3. The division of land resulting from the recording of a subdivision or condominium plat.
Dividing land as a result of the recording of a subdivision or condominium plat;
4. The sale of a lot is a recorded subdivision or town plat, even though the developer, owner
or seller of the lot may have owned other contiguous lots or property prior to the sale; the
lot, however, must be sold as platted and recorded. Selling or granting by a person to a
public agency or public body of property for state highway, county road, city street or other
right of way purposes if the road or right of way complies with the applicable
comprehensive plan and ORS 215.213 (2)(p) to (r) and 215.283 (2)(q) to (s). However, any
property sold or granted for state highway, county road, city street or other right of way
purposes shall continue to be considered a single unit of land until the property is further
subdivided or partitioned; or
5. Selling or granting by a public agency or public body of excess property resulting from the
acquisition of land by the state, a political subdivision or special district for highways, county
roads, city streets or other right of way purposes when the sale or grant is part of a property
line adjustment incorporating the excess right of way into adjacent property. The property
line adjustment shall be approved or disapproved by the applicable local government. If the
property line adjustment is approved, it shall be recorded in the deed records of the county
where the property is located.
Property Line Adjustment means a relocation or elimination of all or a portion of the common
property line between abutting properties that does not create an additional jot or parcel.
Replat means the act of platting the lots, parcels and easements in a recorded subdivision or
partition plat to achieve a reconfiguration of the existing subdivision or partition plat or to
increase or decrease the number of lots in the subdivision.
Page 4 of 2
PART III - CITY OF LA PINE DEVELOPMENT CODE
Article 3 - ZONING DISTRICTS
CHAPTER 15.18. - RESIDENTIAL ZONES
Sec. 15.18.300. - Use regulations.
Uses may be designated as permitted, limited, conditional, or prohibited in the residential
zones. As noted in Table 15.18-1, a use may also be subject to special use standards
of article 6.
A. Permitted uses (P). Uses allowed outright in the residential zones are listed in Table
15.18-1 with a "P."
B. Limited uses (L). Uses allowed in the residential zones subject to limitations are listed
in Table 15.18-1 with an "L." The limitations are defined below and correspond with
the footnote numbers in Table 15.18-1.
1. Commercial lodging. Commercial lodging uses in the RSF and RMF zones are
limited to bed and breakfast inns.
^. Retail __.l__ __.__I Retail __I__ _.__I __._..:__ ..___ :._ the nrr _._-1 nnnr-_.-_.. are
L. I1 Lull sines urlu Service. Retail sales ariu service uses in lrie r 3r dlIU MTh- zones are
limited to veterinary cI._:us a-u Cuu-e_L.dI kennels where the animal -related
facilities are primarily indoors.
Self-service storage. Self-service storage uses are required to have a minimum lot
size of five acres. The expansion of existing self -storage facilities must meet the
minimum acreage requirement. Ali areas within 30 feet of storage unit building
access points or doors, shall be paved with an asphalt surface.
4. Parks and open areas. Cemeteries require a conditional use permit in the RSF and
RMF zones. All other parks and open areas uses permitter, outright.
C. Conditional uses (CU). Uses which are allowed if approved through the conditional use
s
review i✓r vi,c J. arc iisi:cra in Table 15.18-i wiiri a Cu. i riese use arc' diiuweu
provided they comply with the conditional use requirements of chapter 15.316,
conditional uses. Uses listed with a "CU" that also have a footnote number in the table
are subject to the regulations cited in the footnote.
Page 5 of 28
D. Prohibited uses (N). Uses listed in Table 15.18-1 with an "N" are prohibited. Existing
uses in categories listed as prohibited may be subject to the regulations of chapter
15.08, non -conforming uses and structure.
Page 6 of 26
PART III - CITY OF LA PINE DEVELOPMENT CODE
Article 3 - ZONING DISTRICTS
CHAPTER 15,1g, - RFSIDFNTIAII ZONES
Sec. 15.18.400. - Development standards.
A. Purpose. The development standards for residential zones work together to create
desirable residential areas by promoting aesthetically pleasing environments, safety,
privacy, energy conservation, and recreational opportunities. The development
standards generally ensure that new development will be compatible with the city's
character. At the same time, the standards allow for flexibility for new development.
In addition, the regulations provide certainty to property owners, developers, and
neighbors about the limits of what is allowed.
B. Development standards. The development standards for residential zones are
presented in Table 15.18-2. Development standards may be modified as provided
by chapter 15.320, variances. Additional standards may apply to specific zones or
uses, see section 15.18.500. Footnotes in the table correspond to the sections below.
1. Minimum density standard in the RSF zone only applies to subdivisions.
Development on existing lots and partitions are exempt from this standard.
2. Accessory dwellings do not count toward the maximum density standard in the
RSF zone.
Table 15.18-2. Development Standards in the Residential Zones
Standard
RSF
RMF
Minimum street frontage
When a flag lot is proposed, as
defined under Flag Lot in section
15.12.020, the minimum frontage
width shall be 30 feet, and shall
apply to the full length of the flag
lot "pole".
50 feet
35 feet on cul-de-sac street
25 feet for townhomes
50 feet
35 feet on a cul-de-sac street
25 feet for townhomes
Page 7 of 25
PART III - CITY OF LA PINE DEVELOPMENT CODE
Article 3 - ZONING DISTRICTS
CHAPTER 15.22. - COMMERCIAL AND MIXED -USE ZONES
Sec. 15.22.300. - Use regulations
Uses may be designated as permitted, limited, conditional, or prohibited in the
commercial and mixed -use zones. As noted in Table 15.22-1, a use may also be subject to
special use standards of article 6.
A. Permitted uses (P). Uses allowed outright in the commercial and mixed -use zones are
listed in Table 15.22-1 with a "P." In the C zone, any use that emits fumes or noxious
odors, requires an air quality permit from the Oregon Department of Environmental
Quality (DEQ), or emits noise beyond 20 decibels (dB) is required to obtain a
conditional use permit pursuant to chapter 15.316, conditional uses.
B. Limited uses (L). Uses allowed in the commercial and mixed -use zones subject to
limitations are listed in Table 15.22-1 with an "L." The limitations are defined below
and correspond with the footnote numbers in Table 15.22-1. In the C zone, any use
that emits fumes or noxious odors, requires an air quality permit from the Oregon
Department of Environmental Quality (DEQ), or emits noise beyond 20 decibels (dB) is
required to obtain a conditional use permit pursuant to chapter 15.316, conditional
uses.
1. Marijuana facilities in the C and CMX zones. Allowed marijuana facilities in the C
and CMX zone[s] are limited to marijuana testing laboratories. Marijuana
production or processing uses are prohibited.
2. Mixed use development in the CRMX zone. Non-residential uses noted with a (2)
are allowed in combination with residential uses in the CRMX zone if the
nonresidential uses are limited to a total of 60 percent of the gross floor area of all
uses in the development. Business parks and funeral homes are prohibited
nonresidential uses.
3. Wireless telecommunication facilities in the CRMX and CMX zones. Communication
antennas mounted on existing buildings, structures, or public utility transmission
towers are permitted outright. Communication towers require a conditional use
permit.
Page 8 of 26
4. Retail sales and service in the CMX zone. Automobile, RV, and truck sales uses
require a conditional use permit. Funeral homes are prohibited. All other retail
sales and service uses are permitted outright.
5. Commercial lodging in the CN zone. Commercial lodging uses in the CN zone are
limited to bed and breakfast inns.
6. Retail sales and service in the CN zone. Automobile, RV, and truck sales and
funeral homes are prohibited in the CN zone. Veterinary clinics and kennels
require a conditional use permit. All other retail sales and service uses are
permitted outright.
7. Parks and open areas in the CN zone. Cemeteries require a conditional use permit
in the CN zone. All other parks and open areas uses permitted outright.
8. Self-service storage. Self-service storage uses are required to have a minimum lot
size of five acres. The expansion of existing self -storage facilities must meet the
minimum acreage requirement. All areas within 30 feet of storage unit access
points or doors shall be paved with an asphalt surface.
C. Conditional uses (CU). Uses which are allowed if approved through the conditional use
review process are listed in Table 15.22-1 With a "CU." These uses are allowed,
provided they comply with the conditional use requirements of chapter 15.316,
conditional uses. Uses listed with a "CU" that also have a footnote number in the table
are subject to the regulations cited in the footnote.
D. Prohibited uses (N). Uses listed in Table 15.22-1 with an "N" are prohibited. Existing
uses in categories listed as prohibited may be subject to the regulations of chapter
15.08, non -conforming uses and structures.
Table 15.22-1. Use Regulations in the Commercial and Mixed -Use Zones
Use Category
C
CRMX
CMX
CN
Special Use
Standards
Manufactured dwelling park
GUN
P-N
g N
12 N
Self-service storage
N
N
P j
CU u
-
Page 9 of ZL
PART ill - CITY OF LA PINE DEVELOPMENT CODE
Article 3 - ZONING DISTRICTS
CHAPTER 15.24. - INDUSTRIAL AND PUBLIC FACILITY ZONES
Sec. 15.24.300. - Use regulations.
Uses may be designated as permitted, limited, conditional, or prohibited in the industrial
and public facility zones. As noted in Table 15.24-1, a use may also be subject to special
use standards of article 6.
A. Permitted uses (P). Uses allowed outright in the industrial and public facility zones are
listed in Table 15.24-1 with a "P."
B. Limited uses (L). Uses allowed in the industrial and public facility zones subject to
limitations are listed in Table 15.24-1 with an "L." The limitations are defined below
and correspond with the footnote numbers in Table 15.24-1.
1. Eating and drinking establishments in the LI zone. Eating and drinking
establishments in the LI zone are limited to 2,500 square feet of gross floor area.
2. Offices in the LI, 1, and PFzones. Offices as a primary use are limited to industrial
offices (as defined in section 15.14.235) and government offices that do not
include a point -of -service facility. All other office uses must be accessory to a
permitted industrial use.
3. Retail sales and services in the LI zone. Retail sales and services in the LI zone are
limited to 2,500 square feet of gross floor area, except for the following uses:
a. Health and fitness centers may exceed the maximum floor area.
b. Retail sales of heavy equipment may exceed the maximum floor area with a
conditional use permit.
c. Retail sales of goods that are displayed outdoors, such as sales of building
materials, landscape materials, or garden or farm supplies, may exceed the
maximum floor area with a conditional use permit.
4. Automotive wrecking, salvage, and junk yards. The storage or sale of junk requires
a special license, see section 15.108.040.
Page 10 of 26
5. General manufacturing and production in the LI zone. Agricultural processing
establishments require a conditional use permit. Energy and power generation
uses are prohibited. All other general manufacturing and production uses are
permitted outright.
6. Warehouse and freight movement in the LI zones. Truck transportation and
loading terminals require a conditional use permit. All other warehouse and
freight movement uses permitted outright.
7. Community services in the LI zone. Government buildings and services that do not
include a point -of -service facility are permitted. All other uses are prohibited.
8. Agriculture in the Li zone. Agriculture uses in the Li zone are limited to large
animal veterinary clinics allowed with a conditional use permit.
9. Marijuana facilities in the I zone. Marijuana testing laboratories are permitted
outright. Marijuana processing facilities, production facilities, or wholesalers are
allowed with a conditional use permit.
10. Retail sales and services in the l and PF zones. Retail sales and services in the I and
PF zones are limited to mobile food unit sites.
11. Self-service storage. Self-service storage uses are required to have a minimum lot
size of five acres. The expansion of existing self -storage facilities must meet the
minimum acreage requirement. All areas within 30 feet of storage unit access
points or doors shall be paved with an asphalt surface.
C. Conditional uses (CU). Uses which are allowed if approved through the conditional use
review process are listed in Table 15.24-1 with a "CU." These uses are allowed
provided they comply with the conditional use requirements of chapter 15.316,
conditional uses. Uses listed with a "CU" that also have a footnote number in the table
are subject to the regulations cited in the footnote.
D. Prohibited uses (N). Uses listed in Table 15.24-1 with an "N" are prohibited. Existing
uses in categories listed as prohibited may be subject to the regulations of chapter
15.08, non -conforming uses and structures.
Table 15.24-1. Use Regulations in the Industrial and Public Facility Zones
Use Category
LI
PF
Special Use
Standards
Self-service storage
CU (11)
P (11)
P (11)
Page 11 of 79
PART III - CITY OF LA PINE DEVELOPMENT CODE
Article 5 - DEVELOPMENT STANDARDS
CHAPTER 15.82. - LANDSCAPING, BUFFERING AND FENCES
Sec. 15.82.010. - Landscaping and buffering requirements.
The following minimum landscape requirements are established for all developments
subject to site plan approval, unless approved otherwise by the reviewing authority:
A. Exemption. The provisions of this section may be exempted for uses existing on or
before the effective date of this Development Code that are a permitted use in a
specific zone in an existing building or buildings on a lot or parcel of land of the scale
that there is no remaining room for landscaping; this exemption shall also apply to the
exterior remodeling and/or expansion of not more than 25 percent of the total square
footage of all enclosed structures on a lot or parcel existing under a unit ownership on
or before the effective date of this Development Code.
B. Area required. Except as approved otherwise by the city, the following minimum
percent of a parcel area shall be landscaped for the following uses:
1. Duplexes and triplexes: 25 percent.
2. Multi -family developments dwelling complexes containing four or more units and
commercial residential mixed uses (CRMX): 20 percent.
3. Commercial uses including mixed use commercial (CMX): 15 percent.
4. Industrial uses. A minimum five-foot landscaped buffer along any adjoining public
right-of-way of a collector or arterial street or highway, which may be computed
toward an overall requirement of ten percent.
5. Minimum area requirements may include landscaping around buildings, in parking
and loading areas, outdoor recreational use areas, screening and buffering areas,
and surface water drainage areas.
C. Landscaping defined. Required landscaping may include, but is not limited to, a
combination of any of the following materials: living plant material such as trees,
shrubs, groundcover, flowers and lawn (including native vegetation); and nonliving
materials such as benches, walkways and courtyards, consisting of brick, decorative
rock or other decorative materials. The total amount of nonliving materials (including
bark dust, chips, aggregate, or other non -plant ground covers) shall not exceed more
than 50 percent of the required landscape area.
Page 12 of B8
D. Existing vegetation. Existing site vegetation mayshall be utilized to the maximum
extent possible consistent with building placement and the applicable proposed
landscape plan.
E. Parking lots. Parking lots with space for ten or more vehicles must be landscaped in
accordance with the following minimum requirements:
1. In commercial and residential developments, parking areas shall be divided into
bays, and between or at the end of each parking bay a curbed planter containing
at least 16 square feet may be required.
2. If required, each planter shall contain at least one tree or shrub and ground cover.
3. The areas shall be designed to be protected from being damaged by vehicles using
the parking area.
4. Unless sidewalks are provided adjacent to a structure, customer or resident
parking areas should be separated from the exterior wall of a commercial or
residential structure by a minimum five-foot strip of landscaping.
c.
Where a narking marling nr drivaway araa carving a miilti-family, rnmmerrial
industrial or government use abuts a public right-of-way of a collector or arterial
street or a local street across from a residential zone, or abuts a residential zone, a
screen planting or other approved landscaped planter strip may be required
between the parking area and the right-of-way without encroaching into a clear
vision area or sidewalk.
F. Buffering and screening.
1. Purpose. The purpose of buffering and screening requirements are to reduce the
impacts of a proposed use on adjacent uses and zones which provide for different
types of uses. The city may waive or reduce the requirements where existing
topography or vegetation is appropriate or otherwise negates the effectiveness or
intended purpose or benefits of the buffering and screening.
2. Where any permitted principal and/or accessory use in a commercial or industrial
zone abuts any land zoned RSF, RMF, RMP or TA the following buffer and
screening shall be required. These requirements shall apply in instances where
such use is being newly developed on vacant land, expanded in floor area by 50
percent or greater, or removed and a new use developed.
3. Within commercial zones. A buffer strip at least ten feet wide shall be provided
and maintained along the entire length of a side or rear yard where it abuts an
RSF, RMF, RMP, or TA zone. Buffer strips shall not be used for parking, storage of
vehicles, equipment, or materials, nor for any other use incompatible with their
purpose as a visual, noise, dust, and pollution barrier. The buffer strip shall
contain suitable screening, defined as either of the following:
Page 13 of 25
a. A solid fence or wall, architecturally compatible with existing structures in the
area, no less than five feet nor more than eight feet in height; or
b. A sight -obscuring planting of evergreens, not less than four feet in height at
the time of planting and of a variety that will maintain full, dense growth from
the ground up to a height of not less than six feet upon maturity, planted at a
spacing of the lesser of eight feet or the diameter of a mature specimen of the
species being planted.
c. Areas of the buffer strip not covered with a fence, wall, or screening plantings,
shall be planted with appropriate ground cover vegetation, including native
species. Xeriscape methods are highly encouraged.
d. Installation and maintenance of the buffer and screening shall be the
responsibility of the owner of the property on which the "C" type zone
permitted use is located. Installation must be completed prior to issuance of a
certificate of use and occupancy by the city. Fences or walls must be
maintained in safe and structurally sound condition. Dead or diseased plants
shall be removed and replaced in a timely manner. Grass shall be kept neatly
mowed.
4. Within industrial zones. A buffer strip at least 30 feet wide shall be provided and
maintained along the entire length of a side or rear yard where it abuts any RSF,
RMF, RMP, or TA zoned land. Buffer strips shall not be used for parking, storage of
vehicles, equipment, or materials, nor for any other use incompatible with their
purpose as a visual, noise, dust, and pollution barrier. The buffer shall meet the
following standards:
a. The buffer shall be planted with evergreens capable of obtaining and
maintaining a dense growth to a full height and a full canopy diameter of no
less than 12 feet. The minimum height at the time of planting shall be six feet.
Plants shall be situated in two rows within the buffer strip, each row being
located at least ten feet from the edge of the buffer strip. Plants in each row
shall be spaced no more than 20 feet center -to -center and the two rows shall
be situated in an alternating pattern so that the trees in one row are located
centrally between the trees in the other row. Plants shall be allowed to obtain
a minimum height of 12 feet and shall not be trimmed below that height
thereafter.
b. Installation and maintenance of the buffer and screening shall be the
responsibility of the owner of the property on which the industrial use is
located. Installation must be completed prior to issuance of a certificate of use
and occupancy by the city. Dead or diseased plants shall be removed and
replaced in a timely manner. Xeriscape methods and use of native species is
highly encouraged.
Page 14 of klE
c. A property owner may not sell, lease, or otherwise transfer property if such
action results in a reduction of a separation distance for a commercial or light
manufacturing use below the minimum required in this section. Likewise, a
property owner may not remove or alter natural vegetation or landforms
serving upon a waiver from the city as buffer and screening for a commercial
or light manufacturing use if such action results in the natural buffer and
screening being less effective than as required in this and other sections of
this Development Code.
5. A buffer or screening area may only be occupied by screening utilities and
landscaping materials, but the same may be located within the required yard or
setback requirements provided vision clearance requirements are complied with.
6. In lieu of the foregoing requirements, an applicant may provide for landscaping
and screening, including plantings, fences, walls, walks and other features
designed to afford the same degree of buffering as the standards above. A plan
and specifications for an alternative shall be reviewed and approved by the review
authority.
G. Plant material installation standards. Except as otherwise approved by the city, the
following standards shall apply to plant materials and the installation thereof as
provided in accordance with the provisions o this Section:
1. Landscape plant rnaterials shall be properly guyed and staked, and shall not
interfere with vehicular or pedestrian traffic or parking and loading.
2. Trees shall be a minimum size of six feet in height and be fully branched at the
time of planting.
3. Shrubs shall be supplied in one -gallon containers or six-inch burlap balls with a
minimum spread of 12 inches.
4. Rows of plants should be staggered to provide for more effective coverage.
H. Maintenance and plant survival. All landscaping approved or required as a part of a
development plan shall be continuously maintained, including necessary watering,
weeding, pruning and replacement of plant materials. Except where the applicant
proposes landscaping consisting of drought -resistant plantings and materials that can
be maintained and can survive without irrigation, landscaped areas shall be irrigated.
If plantings fail to survive, it is the responsibility of the property owner to replace
them.
Retention of trees. As part of a landscaping plan, the developer shall also provide a
tree plan identifying the location and diameter breast height (DBH) of all trees on the
property. Existing mature trees with at least a 10-inch DBH shall be retained to the
furthest extent possible. Development shall conform to the natural environment to
incorporate existing mature trees. Where trees must be removed for proposed
development, they shall be replaced at a 1:1 ratio on the subject lot or parcel with
Page 15 of 25
trees of similar species that are native to the region, and with a DBH of at least 5-
inches or larger. Replacement trees shall meet the maintenance and plant survival
criteria of this code section. Any trees planted must maintain a 20-foot radius for
spacing. The 20-foot radius spacing shall be the determining factor in how many trees
are replaced on the subject property. If more trees must be planted than what the 20-
foot radius spacing would allow, then the number of trees replaced shall be reduced to
meet the spacing standard.
Page 16 of 8
PART III - CITY OF LA PINE DEVELOPMENT CODE
Article 5 — DEVELOPMENT STANDARDS
CHAPTER 15.82. - PARKING AND LOADING
Sec. 15.86,040. - Drive -up and drive -through uses and facilities
A. Purpose. Where drive -up or drive -through uses and facilities are allowed, they shall
conform to all of the following standards, which are intended to calm traffic, provide
for adequate vehicle queuing space, prevent automobile turning movement conflicts,
and provide for pedestrian comfort and safety.
B. Standards. Drive -up and drive -through facilities (i.e., driveway queuing areas,
customer service windows, teller machines, kiosks, drop -boxes, or similar facilities)
shall meet all of the following standards:
The drive -up or drive -through facility shall orient to and receive access from a
driveway that is internal to the development and not a street, as generally
illustrated.
2. The drive -up or drive -through facility shall not be oriented to street corner.
7 The. drive -up drive -through f...,;I;+.. shall ....+ L... located . ,;+h; ir) ceet of `r
a, The in JU(iuly o$,uu not ✓c .v�� wu ��.� .... <��c
street right-of-way.
4. Drive -up and drive -through queuing areas shall be designed so that vehicles will
not obstruct any street, fire lane, walkway, bike lane, or sidewalk.
5. All drive up and drive thru facilities must be permanently affixed to the ground
and be connected to the City Water and Sewer in accordance with the standards
of chapter 15.90.
Page 17 of 85
PART III - CITY OF LA PINE DEVELOPMENT CODE
Article 5 - DEVELOPMENT STANDARDS
CHAPTER 15.88. - ACCESS AND CIRCULATION
Sec. 15.88.050. - Pedestrian access and circulation.
A. Purpose and intent. This section implements the pedestrian access and connectivity
policies of City of La Pine Transportation System Plan and the requirements of the
Transportation Planning Rule (OAR 660-012). It is intended to provide for safe,
reasonably direct, and convenient pedestrian access and circulation.
B. Standards. New subdivisions, multi -family developments, planned developments,
commercial developments and institutional developments shall conform to all of the
following standards for pedestrian access and circulation:
1. Continuous walkway system. A pedestrian walkway system shall extend
throughout the development site and connect to adjacent sidewalks, if any, and to
all future phases of the development, as applicable.
2. Safe, direct, and convenient. Walkways within developments shall provide safe,
reasonably direct, and convenient connections between primary building
entrances and all adjacent parking areas, recreational areas, playgrounds, and
public rights -of -way conforming to the following standards:
a. The walkway is reasonably direct. A walkway is reasonably direct when it
follows a route that does not deviate unnecessarily from a straight line or it
does not involve a significant amount of out -of -direction travel.
b. The walkway is designed primarily for pedestrian safety and convenience,
meaning it is reasonably free from hazards and provides a reasonably smooth
and consistent surface and direct route of travel between destinations. The
city may require landscape buffering between walkways and adjacent parking
lots or driveways to mitigate safety concerns.
c. Vehicle/walkway separation. Except as required for crosswalks, per subsection
d., below, where a walkway abuts a driveway or street it shall be raised six
inches and curbed along the edge of the driveway or street. Alternatively, the
city may approve a walkway abutting a driveway at the same grade as the
driveway if the walkway is physically separated from all vehicle -maneuvering
areas. An example of such separation is a row of bollards (designed for use in
Page 18 of 26
parking areas) with adequate minimum spacing between them to prevent
vehicles from entering the walkway.
d. Crosswalks. Where a walkway crosses a parking area or driveway
("crosswalk"), it shall be clearly marked with contrasting paving materials (e.g.,
pavers, light -color concrete inlay between asphalt, or similar contrasting
material). The crosswalk may be part of a speed table to improve driver -
visibility of pedestrians.
e. Walkway construction. Walkway surfaces may be concrete, asphalt, brick or
or other city -approved durable surface meeting ADA
requirements. Walkways shall be not less than #e-wsix feet in width, except
that the city may require five foot wide, or wider; sidewalks in developments
where pedestrian traffic warrants walkways wider than foursix feet.
f. Multi -use pathways. Multi -use pathways, where approved, shall be ten feet
wide and constructed of asphalt, concrete or other city -approved durable
surface meeting ADA requirements consistent with the applicab►e city
engineering standards.
Page 19 of 35
PART III - CITY OF LA PINE DEVELOPMENT CODE
Article 7 - PROCEDURES
CHAPTER 15.204. - APPLICATION PROCEDURES
Sec. 15.204.010. - Type I procedure (ministerial/staff review).
A. Type 1 procedure (staff review). The city planning official, or his or her designee,
without public notice and without a public hearing, makes ministerial decisions
through the Type I procedure because a Type 1 decision is neither a land use decision
nor a limited land use decision under ORS 197.015. Ministerial decisions are those
where city standards and criteria do not require the exercise of discretion (i.e., there
are clear and objective standards). The city planning official's review of a zoning
checklist is intended to determine whether minimum code requirements are met and
whether any other land use permit or approval is required prior to issuance of a
building permit. Alternatively, the planning official may elect to process a Type I
application under a Type II procedure.
B. Application requirements. Approvals requiring Type I review shall be made on forms
provided by the city; or, in the case of a zoning checklist, the city planning official may
determine that the building permit application provides sufficient information.
Applications shall:
a. Include the information requested on the application form;
b. Address the criteria in sufficient detail for review and action; and
c. Be filed with the required fee.
D---fC.} Criteria and decision. Type I applications shall be approved or denied by the city
planning official within 30 days of the application's acccptancc as complctc by the
planning official upon consideration of the applicable clear and objective criteria.
E. [D.]-Effective date. A Type I decision is final on the date it is signed by the city planning
official unless appealed by the applicant in accordance with subsection G [F].
€:--{E.{-Notice. Notice of a decision shall be provided to the applicant or the applicant's
representative and the property owner.
G. {F.}-Appeals. The applicant for a Type I review may appeal [the] planning official's
decision on the application to the planning commission. The appeal shall be filed,
pursuant to the provisions of chapter 15.212, within 12 days from the date of the
Page 20 of 88
decision. A Type I decision is not a land use decision as defined by ORS 197.015, and
therefore is not subject to appeal to the state land use board of appeals.
State Law reference— Definitions, ORS 197.015.
Page 21 of 89
PART III - CITY OF LA PINE DEVELOPMENT CODE
Article 8 - APPLICATIONS AND REVIEWS
CHAPTER 15.318. - MOBILE FOOD UNIT SITE PERMIT
See. 35.318.A79. p al ~ od an`l`im xt
A mobile food unit site approval is val-id for four years from the date of the final written
decision. If the city's final written decisien is appealed, the approval period shall
commence on the date of the final appellate decision. During this four year period, the
approval shall be implemented, or the approval will become void. "Implemented" moans
all necessary development permits shall be obtained and maintained for the approved
development. At the end of any four year period, the applicant may apply for another
four year permit by filing a new, Type II application.
Page 22 of 96
PART III - CITY OF LA PINE DEVELOPMENT CODE
Article 9 - LAND DIVISIONS
CHAPTER 15.414. - RE PI TTINr_ AND BO INDARYPROPERTY LINE ADJUSTMENTS
Sec. 15.111.010. Re platting and vacation of plat
Any plat or portion thereof may be re platted or vacated upon receiving an application}
signed by all of the owners as appearing on the deed. Except as required for street
vacations, the same procedure and standards that apply to the cr ation of a plat
(preliminary plat followed by final plat) shall be used to re plat or vacate a plat. Street
vacations arc subject to ORS 271. A re plat or vacation application may be denied if it
abridges or destroys any public right in any of its public uses, improvements, streets or
alleys; or if it fails to meet .ny applic .blc city standards.
Sec. 15.414.0210. - Beta:Ida-plcProperty line adjustments.
A. Submission requirements. All applications for boundarya property line adjustment
shall be made on forms provided by the city and shall include information required for
a Type I review, pursuant to article 7. The application shall include a preliminary lot
line map drawn to scale identifying all existing and proposed lot lines and dimensions,
footprints and dimensions of existing structures (including accessory structures),
location and dimensions of driveways and public and private streets within or abutting
the subject lots, location of lands subject to the flood plain overlay or other overlay
zones, existing fences and walls, and any other information deemed necessary by the
planning official for ensuring compliance with city codes. The application shall be
signed by all of the owners as appearing on the deeds of the subject lots.
B. Approval criteria. The planning official shall approve or deny a request for a property
line adjustment in writing, based on all of the following criteria:
1. Parcel creation. No additional parcel or lot is created by the ietproperty line
adjustment;
2. Lot standards. All lots and parcels conform to the applicable lot standards of the
zoning district (article 3), including lot area, dimensions, setbacks, and coverage.
As applicable, all lots and parcels shall conform the flood plain overlay or other
applicable overlay zones (article 4); and
Page 23 of 95
3. Access and road authority standards. All lots and parcels conform to the standards
or requirements of article 5 [chapter 15.88], access and circulation, and all
applicable road authority requirements are met. If a lot is non -conforming to any
city or road authority standard, it shall not be made less conforming by the
Hai--yproperty line adjustment.
Sec. 15.414.0420. - Final map recordation - be aryproperty line adjustment.
A. The final map for a boundaryproperty line adjustment survey shall comply with the
requirements of ORS 92 and 209. The original plat shall be prepared at a scale and in a
format as specified on the application form.
B. The original plat and an exact copy shall be submitted to and approved by the
planning official. The approval shall be evidenced by signature on both the original
and exact copy.
C. The original plat and exact copy shall be submitted along with the appropriate
recording fee to the county surveyor for recording into the county survey records.
D. The original plat and exact copy shall then be submitted along with the appropriate
recording fee to the county clerk for recording into the county clerk's records.
E. After recording information is placed on the exact copy by the county clerk, the exact
copy and the required number of points, a minimum of six copies, unless otherwise
specified by the county surveyor at the time of survey recording, shall then be
submitted to the county surveyor to complete the recording process.
F. After recording information is placed on the exact copy, a minimum of three copy+es
shall then be submitted to the planning official, together with an electronic copy in a
format approved by the City of La Pine.
State Law reference— Final approval of plats and plans, ORS 92.010 et seq.; county
surveyors, ORS 209.005 et seq.
CHAPTER 15.415. - REPLATS
Sec. 15.415.010. - Procedures.
A. The same procedure and standards that apply to the creation of a plat (tentative plan
followed by final plat) apply to a replat pursuant to chapter 15.410.
Sec. 15.415.020. - Additional standards.
A. Limitations on replatting include, but are not limited to, the following:
1. A replat only applies to a recorded plat;
2. A replat cannot vacate any public street or road; and
Page 24 of 99
3. A replat of a portion of a recorded plat will not act to vacate any recorded
covenants or restrictions.
B. if the property to be replatted is determined to be part of an undeveloped subdivision
pursuant to ORS 92.225, The noticing and hearing procedures of ORS 92.225 shall apply.
C. A replat application may be denied if it abridges or destroys any public right in any of its
public uses, improvements. streets. or alleys: or if it fails to meet anv applicable City
standards.
D. If a utility easement is proposed to be realigned, reduced in width or omitted by a
repiat, all affected utility companies and public agencies shall be notified.
E. An application for a replat that will change the exterior boundary of a recorded plat of a
subdivision shall include authorization agreeing to the reconfiguration from the
homeowner's association or governing body of the subdivision, if any.
F. Any application for vacation pursuant to ORS 368 must be submitted to and reviewed by
Deschutes County.
Page 25 of 95
LA PINE
OR EGON
CITY OF LA PINE
STAFF MEMO
MEETING DATE: November 13, 2024
TO: La Pine City Council
FROM: Brent Bybee, Principal Planner
SUBJECT: File 01TA-23, Ordinance 2024-03
[ ] Resolution [ X ]
[ ] No Action — Report Only [ X ]
[ X ] Formal Motion []
Commissioners,
Ordinance
Public Hearing
Other/Direction: Please see below
The code amendments proposed are a result of a public hearing previously held with the Planning
Commission, addressing scrivenors errors identified by staff. The Planning Commission Recommendation
provided by staff outlines the proposed changes, which generally address the amendments identified
below.
Proposed Amendments
Specifically, the proposal is to clarify the application of La Pine Development Code Article 8., Chapter
15.320., Section 15.320.010 B. — Minor Variance, to Article 8., Chapter 15.320., Section 15.320.040 -
Approval Criteria (except for riparian variances).
Staff Recommendation
Staff recommends a formal motion and vote from the City Council stating, "I move to approve File 01TA-
23 as reommended by the Planning Commission on May 17, 2023, with concurrent approval of
Ordinance 2024-03 as presented by Staff."
94
ORDINANCE NO. 2024-03
AN ORDINANCE OF THE CITY OF LA PINE AMENDING PART III — CITY OF LA PINE DEVELOPMENT
CODE, ADOPTING ADDITIONAL PROCEDURAL CLARITY, AND DECLARING AN EMERGENCY
WHEREAS, the La Pine Development Code contains a section that requires an amendment to
clarify language and intent, codify existing practices, and provide clear and objective criteria within the
code criteria; and
WHEREAS, the City of La Pine Planning Commission held a public hearing on the proposed
language on May 17, 2023, and recommends adoption of the proposed amendments.
NOW, THEREFORE, the City of La Pine ordains as follows:
Section One: The above recitals are adopted into and made a part of this Ordinance 2024-03 as
the City's findings of fact.
Section Two: La Pine Development Code Sec. 15.320.010. — Applicability, is amended to read as
depicted on the attached Exhibit A, with additions underlined and deletions struck through.
Section Three: If any court of competent authority invalidates a portion of ordinance 2024-03,
the remaining portions will continue in full force and effect.
� _ health,
_ t_ rF
Section Four: With Ordinance 2024-03 being immediately necessary for neal.tl, ::...I�:.., and
safety of the people of the City of La Pine, an emergency is hereby declared to exist, and this Ordinance
2024-03 shall become effective upon signing.
This Ordinance was PASSED and ADOPTED by the La Pine City Council by a vote of for, and —
against and APPROVED by the mayor on November 13, 2024.
Daniel Richer, Mayor
ATTEST:
Geoff Wullschlager, City Manager
Page 1 o9g
PART III - CITY OF LA PINE DEVELOPMENT CODE
Article 8 - APPLICATIONS AND REVIEWS
CHAPTER 15.320. - VARIANCES
Sec. 15.320.010. - Applicability.
A. Variance. Variances from the provisions and requirements of this chapter may be
approved in accordance with the provisions of this section.
B. Minor variance. A minor variance is a variance to an area or dimensional standard of this
Development Code that complies with Section 15.320.040 and meets one of the following
conditions. Only one such variance may be granted for any one lot, parcel or tract of land.
1. Involves a deviation from a minimum lot size requirement of not more than ten
percent.
2. Involves a deviation from a yard or setback requirement of not more than 25 percent.
3. Involves a request for the expansion of a non -conforming use by not more than ten
percent.
C. Riparian variance. In cases where the limitations on activities within the significant
riparian corridor unduly restricts the development of a lot or parcel legally created before
the effective date of this Development Code, a property owner may request a riparian
variance.
Page 2 o99