2001-731-Ordinance No. 2001-041 Recorded 9/28/2001REVIEWED
LEGAL COUNSEL
REVIEWED
PL
CODE REVIEW
DESCHUTES COUNTY OFFICIAL RECORDS CJ 2001431
MARY SUE PENHOLLOW, COUNTY CLERK
COMMISSIONERS' JOURNAL 09/28/200103:41:19 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 17,
Deschutes County Subdivision Ordinance,
Of the Deschutes County Code.
ORDINANCE NO. 2001-041
WHEREAS, Deschutes County has adopted comprehensive plan and zoning regulations for
development in the La Pine Urban Unincorporated Community, Neighborhood Planning Area, which
include special street classifications and design and construction standards; and
WHEREAS, after notice and hearing as required by law, the Board of County Commissioners has
considered the recommendation of the County Planning Commission; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. AMENDMENT. Chapter 17.48, Design and Construction Specifications, of the
Deschutes County Code, is amended to revise Table "A," a set of 6 tables that set forth Mimimum Road
Design Standards on rural county roads and in unicorporated communities, as set forth in Exhibit "A,"
attached hereto and incorporated herein by this reference with new language underlined and deleted
language set forth in stfili�eugh.
Section 2. AMENDMENT. Section 17.48.175, Road development requirements —
Unincorporated communities, of the Deschutes County Code, is amended to read as described in Exhibit
"B," attached hereto and incorporated herein by this reference, with new language underlined and deleted
language set forth in s*r-ilEethrE)t1gh.
Page 1 of 2 - ORDINANCE NO. 2001-037 (09/26/01)
Section 4. FINDINGS. The Board adopts the staff report adopted as Exhibit "C" to Ordinance
2001- 036, and incorporated herein by this reference, as its findings to support this Ordinance.
-�)/ X'
DATED this P day of September, 2001.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, O ON
;enm�nis
De If, Chair
/2
ATTEST: R. Luke, Commissioner
(Fc
&�Q� - Aaxw 41��(
Recording Secretary Michael M. Daly, Commis ner
Page 2 of 2 - ORDINANCE NO. 2001-037 (09/26/01)
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17.48.175. Road development requirements -
Unincorporated communities.
A. Standards.
1. In the La Pine UUC Urban
Unincorporated Community Oommersial
Distriet, all roads shall be improved with
etir-bs and sidewalks and t„he widthas
specified for the applicable classification
in Table A of DCC Title 17.
2. in the La Pine-UUG indust ial ;;;tnet
and afeas zened A...-.,1 in dust..; l /DT\ I1
roads shall be impfaved to Lh- --d-th
Witeei4ie d f the „lieabl 1 '� t
............. ..�„ ..,,.. ,al,,.vu
inTable A; ne-eufbs or- ?v-Alksr Are
required
3. In the La Pine UUGResidelltialDistnet
and areas coned Rum! Serve
Residential (RSR M and RSR 5), all.
,eads .,hall be impfeved , u h- a
sidewalks if the densil�, of development
is greater- tl,.,., � 2 dwelling „t�
.., b. .......,... u,u.. �..�. uvr vrrnr�--urcy-,1—per
if the .de ;t„ is 2.2 dwelling iiii;ts
less the .,.d;aeent «ead 1 II
be ima,:ewu ,wr e.d with vb t the width;
zr .d
without sidewalks, speeified for- the
ieation in Table .0.
of DDG Title 4--7-., ru„rr
42. In the Terrebonne Rural Community, all
improvements to public rights of way
shall conform to the road development
standards for Terrebonne in DGG 17.48
Table A of DCC Title 17, except for
improvements to roads servicing parcels
of 10 acres or greater created by a
partition.
-53. In the Tumalo Rural Community, all
improvements to public rights of way
shall conform to the Tumalo road
development standards in PCIE 48.48
Table A of DCC Title 17, except for
improvements to roads servicing parcels
of 10 acres or Greater created by a
partition.
64. In the Sunriver Urban Unincorporated
Community, all roads shall conform to
the road development standards in DCC
17.48.180.
-75. No curbs or sidewalks are required in the
Sunriver UUC or the rural service centers
of Alfalfa, Brothers, Hampton, Millican,
Whistle Stop, Wickiup Junction, Wild
Hunt, Deschutes River Woods and
Spring River.
B. All required road improvements shall be
located on the applicant's side of the road,
unless the subject property lies on both sides
of the road.
(Ord. 2001-041 § 2, 2001; Ord. 2001-016 § 1,
2001; Ord. 98-004 § 2, 1998; Ord. 97-035 § 1,
1997; Ord. 97-005 § 10, 1997; Ord. 96-003 § 12,
1996; Ord. 93-057 § 1, 1993; Ord. 93-012 § 52,
1993)
PAGE i of 1 - EXHIBIT "B” TO ORDINANCE 2001-041 (09/26/01) EXHIBIT B
TES r, EXHIBIT "C
Uu 1 Community Development Department
0&
� Planning Division •Building Safety Division •Environmental Health Division
117 NW Lafayette Avenue • Bend, Oregon • 97701-1925
(541) 388-6575 • FAX (541) 385-1764
http://www.co.deschutes.or.us/cdd/
Staff Report
TO: Deschutes County Board of County Commissioners
SUBJECT: September 12, 2001 Public Hearing on La Pine Neighborhood Planning
Area, Comprehensive Plan, Zoning and Subdivision Ordinance
Amendments
Ordinance No. 2001-036 — Amendment to comprehensive plan text and map for the La Pine
Neighborhood Planning Area
Ordinance No. 2001-037 —Amendment to Zoning Ordinance and map for La Pine
Neighborhood Planning Area
Ordinance No. 2001-041 — Amendment to DCC Title 17 to adopt Road standards for the La
Pine Neighborhood Planning Area
Community Development Department File Numbers PA -01-3, and ZC-01-3
In December of 2000, the Deschutes County Board of County Commissioners adopted
Ordinances 2000-013, 2000-014, 2000-015 and 2000-016 that implemented the Regional
Problem Solving Program for South Deschutes County. These ordinances expanded the
boundary of the La Pine Urban Unincorporated Community to allow inclusion of the
Neighborhood Planning Area and Wickiup Junction. The ordinances also adopted
comprehensive plan policies, map designations and zoning regulations to implement elements
of the Regional Problem Solving Project. The ordinances created a La Pine Neighborhood
Planning Area on land acquired from the Bureau of Land Management. The La Pine
Neighborhood Planning Area was established to be the receiving area for transferred
development credits from areas with in the Regional Problem Solving Study Area. The
comprehensive plan policies adopted in 2000, required the County to continue working on the
Regional Problem Solving Project including public facilities planning, refining the Neighborhood
Planning Area zoning and setting up a transferable development credit program. The proposed
ordinances are a result of work to refine the zoning and comprehensive plan as required by the
adopted comprehensive plan policies for the La Pine Neighborhood Planning Area.
The Deschutes County Planning Commission held the following work sessions and public
hearing regarding the proposed amendments:
• April 26, 2001 Work Session
• May 31, 2001 Public Hearing in La Pine on Files TA -01-03 and PA -01-03
• June 14, 2001 Continuation of Public Hearing
• June 28, 2001 Work Session and Recommendation to Board of County Commissioners.
CDD Files PA -01-03 and ZC-01-03 contain the minutes, planning commission packets for the
meetings listed above and the records of the required legal notices to the public and affected
agencies. An issue the Planning Commission and the public were concerned about was the
Quality Services Performed with Pride EXHIBIT C
availability of land and individual lots for homeowners or small homebuilder to build in the
Neighborhood Planning Area. A memo summarizing the Planning Commission's
recommendations to the Board regarding issues not directly related to the specific provisions of
the proposed ordinances is attached to this staff report.
In addition, the Community Development Department staff conducted two meetings with a group
of advisors from the local land development, real estate and appraisal community. The purpose
of the discussions with the advisory committee was to have the experienced land developers
assess the alternatives for planning, zoning, development and sale of the land in the
Neighborhood Planning Area. The group provided advice that has been incorporated into the
zoning standards and plan policies for development of the La Pine Neighborhood Planning
Area. The staff also held a meeting with the La Pine Community Action Team to review the
draft text and map amendments prior to the Planning Commission public hearing.
The following summarizes the changes to the Comprehensive Plan, Zoning Ordinance and
Subdivision Ordinance that will be adopted with approval of the subject ordinances.
Ordinance 2001-036 — Comprehensive Plan Map and Text Amendment
• Modifies the Neighborhood Planning Area Comprehensive Plan Map to define four
neighborhoods and four quadrants in each neighborhood. The quadrants are created to
allow review of phased development plans.
• Amends the Neighborhood Planning Area Comprehensive Plan Map to reduce the
amount of Community Facilities designation based on the results of the La Pine Planning
charrette conducted in 1999 by the Rocky Mountain Institute with an Oregon Community
Foundation grant.
• Adds a Neighborhood Planning Area Quadrant Plan (Figure 11) to identify quadrants
within the neighborhoods to allow "quadrant plans" to be developed in phases according
to requirement in the zoning ordinance.
• Adds a Neighborhood Planning Area Park and Open Space Plan (Figure 17) for the
neighborhood parks; a potential community park and the perimeter and corridor open
spaces.
• Adds a Neighborhood Planning Area Street Plan (Figure 15) and a Neighborhood
Planning Area Non -motorized Circulation Plan (Figure 16). Plans identify sidewalks
in the most developed areas; hard surface paths along the central collector road and
connecting the neighborhood centers to Huntington Road; and, soft surface paths in the
perimeter open space buffers and between neighborhoods.
• Adds a Neighborhood Planning Area Phasing Plan (Figure 18).
• Amends the Neighborhood Planning Area Comprehensive Plan Policies as
necessary to be consistent with and implement the refinements of the neighborhood
plan, non -motorized circulation plan, open space and park plan and allow for further
refinements in quadrant plans.
Ordinance 2001-037 — Zoning Map and Text Amendment
• Amends Neighborhood Planning Area Zoning Map to include Neighborhood Park and
Open Space zones and reduce amount of Community Facility Zone.
• Adds definitions necessary to implement the Neighborhood Planning Area zoning
(neighborhoods, quadrant, accessory dwelling, live/work, open space, etc.).
• Establishes performance standards for size, location and density.for the two residential
zones: Neighborhood Center and Neighborhood General.
Page 2 of 3 - EXHIBIT "C" OF ORDIANCE 2001-036 (9/26/01)
• Establishes setback, coverage, lot size, height and other standards for each zone.
• Defines street standards for central collector, collector and local streets.
• Establishes a process for "quadrant plans". See Section 18.61.050 K.
Ordinance 2001-041 — Amendment to Subdivision Ordinance Street Standards
• Adds street standards for the La Pine Neighborhood Planning Area.
• Amends Table A to identify the street standards for the three Planning Areas in the La
Pine Unincorporated Community.
• Corrects references in DCC 17.48.175, Road Development Standards.
STAFF RECOMMENDATION
Staff recommends the Board of County Commissioners take the following actions:
1. Conduct a public hearing on September 12, 2001, on the proposed Ordinances 2001-
0036, 2001-037 and 2001-041.
2. .Consider testimony received on this proposal submitted at the hearing and before the close
of the record.
3. Consider an additional work session for deliberations and decision on the proposal.
4. Adopt the proposed ordinances with revisions based on issues raised or changes proposed
through public testimony.
Attachments:
1. Ordinance No. 2001-036
2. Ordinance No. 2001-037
3. Ordinance No. 2001-041
4. Memo from CDD staff on Planning Commission recommendation for La Pine
Neighborhood Planning Area
Page 3 of 3 - EXHIBIT "C" OF ORDIANCE 2001-036 (9/26/01)
TES
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v/114>,414A, 2� Community Development Department
0 Planning Division - Building Safety Division • Environmental Health Division
117 NW Lafayette Avenue • Bend, Oregon • 97701-1925
(541) 388-6575 • FAX (541) 385-1764
http://www.co.deschutes.or.us/cdd/
DATE: September 6, 2001
TO: Deschutes County Board of County Commissioners
FROM: Deschutes County Community Development — Long Range Planning
RE: Recommendation of Planning Commission to Board of County
Commissioners on La Pine Neighborhood Planning Area
On June 28, 2001 the Planning Commission reviewed and discussed the proposed
comprehensive plan map and text amendment (PA -01-3), zoning text and map amendment (ZC-
01-3) for the La Pine Unincorporated Community Neighborhood Planning Area. They
recommended that the Board of County Commissioners approve the amendments as proposed.
In addition to recommending approval of the zoning and comprehensive plan map and
comprehensive plan and zoning text amendments, the Planning Commission wanted the Board to
consider the Commission's recommendations on issues related to the development and
marketing of the Neighborhood Planning Area. Staff has summarized the Planning Commission
consensus on these issues below.
LAND MARKETING AND DEVELOPMENT
The Planning Commission recommends that the first phase be in the northwest quadrant of
Neighborhood 1 or the southwest quadrant of Neighborhood 2. A phasing plan map is attached
for your review. The first phase of the development is important because it will set the tone for
the project, test the market for the product and establish the market for the transferable
development credits (TDCs). The Commission thinks it is important for the County to retain
some control of the development process prior to selling the land.
The Planning Commission recommends that the County partner with a developer in the creation
of the quadrant plan for the first phase. A partnership will allow the developer and the county to
negotiate agreements on responsibility for infrastructure development, phasing, transferable
development credit redemption, set asides for local builders, design guidelines, etc., prior to
actual sale of the land. A partnership with a developer will also allow the county to assume some
of the risk that is associated with the development of the project. The increased risk is due to the
untested market, the TDC program and the infrastructure improvements. Reducing the risk is
important for marketing the property and moving forward with the redemption of TDCs. A
Memo to BOCC from PC - September 6, 2001 Page 1
Quality Services Performed with Pride
partnership with a qualified developer and the county is an approach recommended by the
Development Advisory Group and Lee Smith, consultant on the project.
The Planning Commission recommends that the Board consider issuing a request for proposal to
identify a qualified developer who would:
• Prepare a conceptual development plan for the first quadrant. The plan would
include the mix of uses, lot sizes, street layout parks, pathways, and open space.
• Prepare development standards (types of product, price ranges, standards for
landscaping and design).
• Prepare a preliminary feasibility analysis showing estimated costs and potential
revenues from lot sales. Prepare cash flow analysis showing cost revenue gap
that will need to be covered until breakeven point is reached. The costs that are
not typical for this project include TDCs and extending infrastructure and
increasing capacity.
• Propose a funding mechanism for construction and maintenance of parks and
open space.
• Prepare a proposed joint venture arrangement that shows the County's
contributions to the project that will work to reduce the developer's risk.
• Develop a marketing plan for lots that will assure that a variety of builders are
provided an opportunity to participate in developing some lots.
DESIGN GUIDELINES
The Planning Commission heard community concern at the public hearing about the appearance
of the residential areas in the new neighborhood. The public expressed a fear of cookie cutter
homes and "tract" housing. The public and the Planning Commission want to assure that there
will be a diversity of housing types and styles and quality building materials. Therefore, the
Planning Commission strongly supports the development of design guidelines for the La Pine
Neighborhood Planning Area. The commission believes that a developer with experience is the
appropriate entity to propose design guidelines. They recommend that the guidelines be
developed as part of the quadrant plan for the first phase. These guidelines will require approval
as part of the quadrant plan. The public will be able to review the guidelines and comment at the
public hearing. Prior to applying for a building permit, the developer (or some entity proposed
by the developer and County) will be responsible for reviewing building plans to assure that they
conform to the design guidelines.
The Commission also heard public concern about a big developer constructing all of the homes
and not allowing any lots for the local small-scale builders or owner/builder. The Planning
Commission supports creation of a mechanism to assure that a proportion of the lots will be
available for independent builders or owners. The availability of lots to a variety of builders will
also assure that the homes are not all alike.
Memo to BOCC from PC - September 6, 2001 Page 2