Loading...
2001-732-Ordinance No. 2001-037 Recorded 9/28/2001REVIEWED LEGAL COUNSEL REVIEWED ( "4L._- CODE REVIEW DCOUNTY OFFICIAL ESCHUTES PENHOLLOW, COUNTYRECORDS CLERKU`001-732 COMMISSIONERS' JOURNAL 09/28/200103:41:30 PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 18, Deschutes County Zoning Ordinance and Zoning Map, Of the Deschutes County Code. ORDINANCE NO. 2001-037 WHEREAS, Deschutes County has proceeded to implement solutions identified by the Regional Problem Solving Project for South Deschutes County; and WHEREAS, zoning map and text amendments are required to implement Regional Problem Solving Project solutions and Comprehensive Plan policies for the development of the La Pine Neighborhood Planning Area within the La Pine Urban Unincorporated Community; 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. Section 18.04.030, Definitions, of the Deschutes County Code is amended to add definitions as described in Exhibit "A," attached hereto and incorporated herein by this reference. Section 2. REPEAL AND REPLACE. Section 18.61.050, Neighborhood Planning Area, of the Deschutes County Code, attached hereto as Exhibit "B" and incorporated herein by this reference, is repealed in its entirety and replaced with a new Section 18.61.050 to read as shown in Exhibit "C," attached hereto and incorporated herein by this reference. Section 3. AMENDMENT. Pursuant to Chapter 18.12 of Title 18 of the Deschutes County Code, the Deschutes County Zoning Map for the La Pine Urban Unincorporated Community is amended as shown in Exhibit "D," attached hereto and incorporated herein by this reference. Page 1 of - 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. DATED this �'U day of September, 2001. ATTEST: Recording Secretary Page 1 of - ORDINANCE NO. 2001-037 (09/26/01) BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, ORkGON Tom DeW Dennis R. Luke, Commissioner d Michael M. Daly, Commis oner i TES r-, EXHIBIT "C" 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/ 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 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) pli • 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) Id HJT ES cO �� LZ Community Development Department ) 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.orus/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 owneribuilder. 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 EXHIBIT "A" 18.04.30. Definitions. "Accessory Dwelling" as applied in the La Pine Urban Unincorporated Community, La Pine Neighborhood Planning Area, means a complete dwelling unit either attached to or separate from the primary dwelling unit. An accessory dwelling may be no larger than 33% of the living area, excluding the garage, of the primary dwelling, or 800 square feet, whichever is less. Maximum height for a detached accessory dwelling is 24 feet. "La Pine Collector Street" means a collector street in the La Pine Urban Unincorporated Community, La Pine Neighborhood Planning Area as a depicted on the Neighborhood Planning Area Street Plan, Figure 15, in DCC 23.36.052, the Deschutes County Comprehensive Plan. "La Pine Central Collector" means the collector street running north and south through the center of the La Pine Urban Unincorporated Community, La Pine Neighborhood Planning Area. The generalized corridor location for the Central Collector is depicted on the Neighborhood Planning Area Street Plan, Figure 15, in DCC 23.36.052, the Deschutes County Comprehensive Plan. "Regional Park" means a park ranging in size from 10 to 25 acres with recreational facilities to serve the La Pine Urban Unincorporated Community and surrounding region. "Live/work Dwelling" is a use permitted in the La Pine Urban Unincorporated Community, La Pine Neighborhood Planning Area, Residential Center District in which a business may be operated on the ground floor. The ground floor commercial or office space has visibility, signage and access from the primary street. To preserve the pedestrian orientation of the commercial or office space, alley access is required for parking. The location of lots where live/work dwellings may be sited shall be specified on the subdivision plat. The live/work housing types are defined below: a. Live/work House: A single-family detached house with no more than 50 percent of the first story of the building available as commercial or office space. b. Live/work Townhome: A residential, fee simple townhome unit in which a business may be operated. The commercial or office portion of the building shall be limited to the ground floor and may not exceed 50 percent of the square footage of the entire building, excluding the garage. "Multi -use Path" means a path physically separated from motor vehicle traffic by an open space or barrier and either within a highway right-of-way or within an independent right-of-way. The multi -use path is used by bicyclists, pedestrians, joggers, skaters and other non -motorized travelers. "Neighborhood Commercial Building" means a building located in the La Pine Urban Unincorporated Community, La Pine Neighborhood Planning Area, Residential Center District that does not exceed a total of 4,000 square feet of gross floor area and may contain retail, service, office, or food service establishment, excluding drive-through. A neighborhood commercial building is a stand-alone commercial use to serve neighborhood needs. It is not intended to draw large numbers of patrons from outside of the neighborhood. The design of the building shall be residential in scale and character. Off-street parking is limited to a maximum of one space per 500 square feet of building. Off-street parking must be located at the side or rear of the building. The public entrance to the building shall be from the primary street frontage. Page 1 OF 2 - EXHIBIT "A" TO ORDIANCE NO. 2001-037 (09/26/01) "Open Space Buffer" means the open space designated on the La Pine Urban Unincorporated Community, La Pine Neighborhood Planning Area Parks and Open Space Plan, Figure 17 in DCC 23.36.052, the Deschutes County Comprehensive Plan. The open space buffer provides space between the Neighborhoods and Highway 97, Huntington Road, Burgess Road and the existing subdivision adjacent to the La Pine Neighborhood Planning Area. "Open Space Corridor" means the corridors designated on the La Pine Urban Unincorporated Community, La Pine Neighborhood Planning Area Parks and Open Space Plan, Figure 17 in DCC 23.36.052, the Deschutes County Comprehensive Plan. The open space corridors define the boundaries between the Neighborhoods and are the locations for paths in the non -motorized circulation network. "Neighborhood" means one of four areas in the La Pine Urban Unincorporated Community, La Pine Neighborhood Planning Area, as depicted on the Neighborhood Planning Area Neighborhood and Quadrant Plan, Figure 11, in DCC 23.36.052, the Deschutes County Comprehensive Plan. Each Neighborhood has a Residential Center District including a Neighborhood Park and is divided into Quadrants by neighborhood collector streets. "Neighborhood Quadrant" means one of the four sub areas in each of the four neighborhoods in the La Pine Urban Unincorporated Community, La Pine Neighborhood Planning Area. The Quadrants are depicted on the Quadrant Plan, Figure 11, in DCC 23.36.052, the Deschutes County Comprehensive Plan. "Neighborhood Park" means a public park located in the central area of each Neighborhood in the La Pine Neighborhood Planning Area. Neighborhood Park size ranges from two (2) to five (5) acres. "Quadrant Plan" means a development plan for a Neighborhood Quadrant in the La Pine Neighborhood Planning Area. "Townhome" as applied in the La Pine Neighborhood Planning Area means a single-family dwelling with common walls on one or both side lot lines and continuous front facades. Alleys, to the rear of the building, provide parking and service access. Page 2 OF 2 - EXHIBIT "A" TO ORDIANCE NO. 2001-037 (09/26/01) EXHIBIT `B" 18.61.050. Neighborhood Planning Area. A. Purpose. The Neighborhood Planning Area provides standards and review procedures for development in the Neighborhood Planning Area of the La Pine UUC and is the "receiving area" for transferable development credits (TDCs). The Neighborhood Planning Area includes six zoning districts, each with its own set of allowed uses, as further set forth in DCC 18.61.050. B. Water and Wastewater Facilities. All uses in the Neighborhood Planning Area requiring water shall be connected to the La Pine Water District water system. All uses in the Neighborhood Planning Area that discharge wastewater shall be connected to the La Pine Special Sewer District sewage treatment facility. C. Design guidelines, setbacks, dimensional lot standards, building heights, block lengths and parking requirements. Specific provisions for these requirements will be determined during the refinement plan process for the overall Neighborhood Planning Area, as specified in the comprehensive plan polices for this planning area. D. Residential General District. Purpose: The Residential General District is the largest area of the neighborhood. While it is primarily residential, various lot sizes and housing types are possible. 1. Uses Permitted Outright. a. Single-family dwelling, including a "Class A" manufactured home. b. Duplex or triplex. c. Accessory dwelling. d. Multi -use path. e. Open space. f. Residential facility or residential home. g. Home occupation that: 1. Is carried on within a dwelling only by members of the family who reside in the dwelling; 2. Does not serve clients or customers on-site; PAGE 1 of 3 - EXHIBIT "B" TO ORDINANCE NO 2001-037 3. Does not produce odor, dust, glare, flashing lights or noise; 4. Does not occupy more than 25 percent of the floor area of the dwelling; and 5. Does not include the on - premises display or sale of stock in trade. 2. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to applicable provisions of DCC 18.61 and DCC 18.116, Supplementary Provisions, and DCC 18.124, Site Plan Review: a. Multifamily housing, located along a collector road in the neighborhood planning area or Huntington or Burgess Roads. b. Bed and Breakfast, located along a collector road in the neighborhood planning area or Huntington or Burgess Roads. c. Child care facility located along a collector road in the neighborhood planning area or Huntington or Burgess Roads, d. Park or playground. e. Townhome. 3. Conditional Uses Permitted. The following uses and their accessory uses are permitted subject to applicable provisions of DCC 18.61 and DCC 18.116, Supplementary Provisions, DCC 18.124, Site Plan Review, and DCC 18.128, Conditional Use: a. Home occupation as defined in DCC 18.04. E. Residential Center District. Purpose: The Residential Center District is a location for social activities and small mixed-use residential/commercial businesses. It is located near the geographical centers in the neighborhood planning area. This district is the location for more compact housing types such as townhomes and apartment buildings that activate the center and allow a greater number of people the option to walk for their daily needs. EXHIBIT B I . Uses Permitted Outright. e. Assisted living, congregate care a. Town home, duplex or triplex. facility. b. Accessory dwelling. f. Nursing home. c. Live/work unit. g. Mixed use building (residential with d. Multi -use path. other permitted use in the district). e. Open space. h. Child care center. 2. Uses Permitted Subject to Site Plan i. Public use. Review. The following uses and their j. Community center. accessory uses are permitted subject to k. Church. applicable provisions of DCC 18.61 and I. Senior center. DCC 18.116, Supplementary Provisions, m. Library. and DCC 18.124, Site Plan Review: n. Museum. a. Community center up to 4,000 sq. ft. o. Performing arts building. in floor area. p. Theater. b. Multi -family housing. q. School. c. Bed and Breakfast. r. Park or playground. d. Church. 3. Conditional Uses Permitted. The e. Park or playground. following uses and their accessory uses 3. Conditional Uses Permitted. The are pennitted subject to applicable following uses and their accessory uses provisions of DCC 18.61 and DCC are permitted subject to applicable 18.116, Supplementary Provisions, DCC provisions of DCC 18.61 and DCC 18.124, Site Plan Review, and DCC 18.116, Supplementary Provisions, DCC 18.128, Conditional Use: 18.124, Site Plan Review, and DCC a. Single-family dwelling. 18.128, Conditional Use: b. Retail or professional office use that a. Single-family dwelling, including supports a permitted use in the "Class A" manufactured home. district. b. Residential facility or residential home. G. Community Facility Limited District. Purpose. The purpose of this district is to F. Community Facility District. Purpose: The identify a location for a school, recreation purpose of this district is to provide a location and transportation facilities. for public and private uses and facilities that 1. Uses Permitted Outright. serve the civic, social and recreational needs a. Multi -use path. of the community. The Community Facility b. Open space. District also includes higher density housing. 2. Uses Permitted Subject to Site Plan 1. Uses Permitted Outright. Review. The following uses and their a. Duplex, triplex or townhome. accessory uses are permitted subject to b. Multi -use path. applicable provisions of DCC 18.61 and c. Open space. DCC 18.116, Supplementary Provisions, 2. Uses Permitted Subject to Site Plan and DCC 18.124, Site Plan Review: Review. Uses Permitted: The following a. Park and ride facility. uses and their accessory uses are b. School. permitted subject to applicable provisions c. Park or playground. of DCC 18.61 and DCC 18.116, 3. Uses Permitted Subject to Conditional Supplementary Provisions, and DCC Use. The following uses and their 18.124, Site Plan Review: accessory uses are permitted subject to a. Multifamily housing. applicable provisions of DCC 18.61 and b. Continuing care retirement center. DCC 18.116, Supplementary Provisions, c. Hospital. DCC 18.124, Site Plan Review, and DCC d. Medical facility. 18.128, Conditional Use: PAGE 2 of 3 - EXHIBIT "B" TO ORDINANCE NO 2001-037 (09/26/01) a. Equestrian facility. H. Commercial District. Purpose: The purpose of this district is to provide a location for small-scale convenience commercial uses designed to serve the Neighborhood Planning Area. 1. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted in a building or buildings each not exceeding 4,000 square feet of floor space, subject to applicable provisions of DCC 18.61 and DCC 18.116, Supplementary Provisions, and DCC 18.124, Site Plan Review: a. Convenience market. b. Video store. c. Retail store. d. Multi -use path. e. Open space. 2. Conditional Uses Permitted. The following uses and their accessory uses are pennitted in a building or buildings each not exceeding 4,000 square feet of floor space, subject to applicable provisions of DCC 18.61 and DCC 18.116, Supplementary Provisions, DCC 18.124, Site Plan Review, and DCC 18.128, Conditional Use: Such as but not limited to: a. Restaurant and cocktail lounge b. Laundry mat. c. Dry cleaning. d. Art studio in conjunction with retail use. e. Retail or professional office that supports a permitted use in the district. f. Automobile service center. g. Car wash. I. Park/Open Space District. The purpose of this district is to provide open space buffers along Huntington and Burgess Roads, Highway 97, and between existing residential lots and the northwestern portion of the Neighborhood Planning Area that provide open space, visual screening with earthen berms and vegetation, and passive recreation, including pedestrian, bicycle and equestrian trails; and to provide public open space and developed park and recreation facilities within the Neighborhood Planning Area. 1. Uses Permitted Outright. a. Multi -use path. b. Open space. 2. Uses Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to applicable provisions of DCC 18.61 and DCC 18.116, Supplementary Provisions, and DCC 18.124, Site Plan Review: a. Park or playground. b. Community recreation facility. 3. Conditional Uses Permitted. The following uses and their accessory uses are permitted subject to applicable provisions of DCC 18.61 and DCC 18.116, Supplementary Provisions, DCC 18.124, Site Plan Review, and DCC 18.128, Conditional Use: a. Equestrian facility. (Ord. 2001-016 § 2, 2001; Ord. 2000-015 § 2, 2000) PAGE 3 of 3 - EXHIBIT "B" TO ORDINANCE NO 2001-037 (09/26/01) EXHIBIT "C" 5. Does not include the on -premises 18.61.050. Neighborhood Planning Area. display or sale of stock in trade. A. Purpose. The Neighborhood Planning Area 6. Does not have any outdoor storage provides standards and review procedures for of materials used in the home development in the Neighborhood Planning occupation. Area of the La Pine UUC and is the "receiving 2. Uses Permitted Subject to Site Plan area" for transferable development credits Review. The following uses and their (TDCs). The Neighborhood Planning Area accessory uses are permitted subject to includes six zoning districts, each with its own applicable provisions of DCC 18.61 and set of allowed uses, as further set forth in DCC DCC 18.116, Supplementary Provisions, and DCC 18.124, Site Plan Review: 18.61.050. a. Multi -family dwelling, located along B. Water and Wastewater Facilities. All uses in the central collector road in the the Neighborhood Planning Area requiring Neighborhood Planning Area or water shall be connected to the La Pine Water adjacent to Huntington or Burgess District water system. All uses in the Roads. Neighborhood Planning Area that discharge b. Bed and Breakfast Inn, located along wastewater shall be connected to the La Pine the central collector road in the Special Sewer District sewage treatment facility Neighborhood Planning Area or or a Department of Environmental Quality Huntington or Burgess Roads. approved community waste water treatment c. Child care facility located adjacent to facility serving the La Pine Neighborhood the central or a neighborhood collector Planning Area. road in the Neighborhood Planning C. Residential General District. Purpose: The Area or Huntington or Burgess Roads. Residential General District is the largest area d. Park or playground. of Neighborhood Planning Area. The district is 3. Conditional Uses Permitted. The following primarily for single-family residential uses with uses and their accessory uses are permitted a variety of lot sizes and housing styles. Some subject to applicable provisions of DCC higher density housing is allowed in specified 18.61 and DCC 18.116, Supplementary locations. Provisions, DCC 18.124, Site Plan Review, 1. Uses Permitted Outright. and DCC 18.128, Conditional Use: a. Single-family dwelling, including a a. Home occupation as defined in DCC "Class A" manufactured home. 18.04. b. Duplex 4. Dimensional Standards. The lot size, lot c. Accessory dwelling. coverage block length, block perimeter d. Multi -use path. and building height standards shown in e. Open space. Table 2 shall apply to the Residential f. Residential facility or residential home. General District. g. Home occupation that: 5. Yard and Setback Requirements. The 1. Is carried on within a dwelling front, side and rear yard requirements in only by members of the family Table 2 shall apply to uses in the who reside in the dwelling; Residential General District. 2. Does not serve clients or 6. Residential Density. The residential customers on-site; density requirements in Tables I and 2 A 3. Does not produce odor, dust, glare, shall apply to the Residential General flashing lights or noise; District. 4. Does not occupy more than 25 percent of the floor area of the D. Residential Center District. Purpose: The dwelling; and Residential Center District is a location for social activities and small mixed-use PAGE 1 OF 9 - EXHIBIT "C" TO ORDINANCE NO. 2001-037 (09/26/01) residential/commercial businesses. It is located a. Single-family dwelling, including near the geographical center of each "Class A" manufactured home. Neighborhood. This district is the location for b. Residential facility or residential home. more compact housing types such as c. Home occupation as defined in DCC townhomes and apartment buildings that 18.04. activate the center and allow a greater number 4. Dimensional Standards. The lot size, lot of people the option to walk for their daily coverage block length, block perimeter and needs. building height standards shown in Table 2 1. Uses Permitted Outright. shall apply to the Residential Center a. Town home, duplex or triplex. District. b. Accessory dwelling. 5. Yard and Setback Requirements. The c. Live/work unit. front, side and rear yard requirements in d. Multi -use path. Table 2 shall apply to uses in the e. Open space. Residential Center District. g. Home occupation that: 6. Residential Density. The residential 1. Is carried on within a dwelling density requirements in Tables 1 and 2 only by members of the family shall apply to the Residential Center who reside in the dwelling; District. 2. Does not serve clients or E. Community Facility District. Purpose: The customers on-site; 3. Does not produce odor, dust, glare, purpose of this district is to provide a location flashing lights or noise; for public and private uses and facilities that 4. Does not occupy more than 25 serve the civic, social and recreational needs of percent of the floor area of the the community. The Community Facility dwelling; and District also includes higher density housing. 5. Does not include the on -premises 1. Uses Permitted Outright. display or sale of stock in trade; a. Duplex, triplex or townhome. and, b. Multi -use path. 6. Does not have any outdoor storage c. Open space. of materials used in the home 2. Uses Permitted Subject to Site Plan occupation. Review. The following uses and their 2. Uses Permitted Subject to Site Plan accessory uses are permitted subject to Review. The following uses and their applicable provisions of DCC 18.61 and accessory uses are permitted subject to DCC 18.116, Supplementary Provisions, applicable provisions of DCC 18.61 and and DCC 18.124, Site Plan Review: DCC 18.116, Supplementary Provisions, a. Multi -family dwelling. and DCC 18.124, Site Plan Review: b. Continuing care retirement center. a. Community center up to 4,000 sq. ft. in c. Hospital. floor area. d. Medical facility. a. Neighborhood commercial building as e. Assisted living, congregate care defined in DCC 18.04. facility. b. Multi -family dwelling. f. Nursing home. c. Bed and Breakfast Inn. g• Mixed use building (residential with d. Church. other permitted use in the district). e. Park or playground. h. Child care center. 3. Conditional Uses Permitted. The following i. Public use. uses and their accessory uses are permitted j• Community center. subject to applicable provisions of DCC k. Church. 18.61 and DCC 18.116, Supplementary 1. Senior center. Provisions, DCC 18.124, Site Plan Review, in. Library. and DCC 18.128, Conditional Use: n. Museum. o. Performing arts building. PAGE 2 OF 9 - EXHIBIT "C" TO ORDINANCE NO. 2001-037 (09/26/01) p. Theater. commercial uses designed to serve the q. School. Neighborhood Planning Area. r. Park or playground. 1. Uses Permitted Outright. 3. Conditional Uses Permitted. The following a. Multi -use path. uses and their accessory uses are permitted b. Open space. subject to applicable provisions of DCC 2. Uses Permitted Subject to Site Plan 18.61 and DCC 18.116, Supplementary Review. The following uses and their Provisions, DCC 18.124, Site Plan Review, accessory uses are permitted in a building and DCC 18.128, Conditional Use: or buildings each not exceeding 4,000 a. Single-family dwelling. square feet of floor space, subject to b. Retail or professional office use that applicable provisions of DCC 18.61 and supports a permitted use in the district. DCC 18.116, Supplementary Provisions, 4. Dimensional Standards. The lot size, lot and DCC 18.124, Site Plan Review: coverage block length, block perimeter and a. Convenience market. building height standards shown in Table 2 b. Video store. shall apply to the Community Facility c. Retail store. District 3. Conditional Uses Permitted. The following 5. Yard and Setback Requirements. The uses and their accessory uses are permitted front, side and rear yard requirements in in a building or buildings each not Table 2 shall apply to uses in the exceeding 4,000 square feet of floor space, Community Facility District. subject to applicable provisions of DCC 18.61 and DCC 18.116, Supplementary F. Community Facility Limited District. Purpose. Provisions, DCC 18.124, Site Plan Review, The purpose of this district is to provide and DCC 18.128, Conditional Use: Such as locations for a school, recreation and but not limited to: transportation facilities. a. Restaurant.b. Laundry mat. 1. Uses Permitted Outright. c. Dry cleaning. a. Multi -use path. d. Art studio in conjunction with retail b. Open space. use. 2. Uses Permitted Subject to Site Plan e. Professional office. Review. The following uses and their 4. Dimensional Standards. The lot size, lot accessory uses are permitted subject to coverage block length, block perimeter and applicable provisions of DCC 18.61 and building height standards shown in Table 2 DCC 18.116, Supplementary Provisions, shall apply to the Commercial District. and DCC 18.124, Site Plan Review: 5. Yard and Setback Requirements. The a. Park and ride facility. front, side and rear yard requirements in b. School. Table 2 shall apply to uses in the c. Park or playground. Commercial District. 3. Uses Permitted Subject to Conditional Use. The following uses and their accessory uses are permitted subject to applicable H. Park District. The purpose of this district is to provisions of DCC 18.61 and DCC 18.116, provide Neighborhood Parks in each of the four Supplementary Provisions, DCC 18.124, neighborhoods within the Neighborhood Site Plan Review, and DCC 18.128, Planning Area. This district may also apply to Conditional Use: an optional Regional Park that may be located a. Equestrian facility. in Neighborhood 2 and or 3 during Quadrant Plan approval process. G. Neighborhood Commercial District. Purpose: 1. Uses Permitted Outright. The purpose of this district is to provide a a. Multi -use path. location for small-scale convenience b. Open space. PAGE 3 OF 9 - EXHIBIT "C" TO ORDINANCE NO. 2001-037 (09/26/01) 2. Uses Subject to Provisions of DCC of a Neighborhood, it may replace the 18.61.050 HA. required Neighborhood Park. a. Neighborhood Park. e. Siting Standards. 3. Conditional Uses. The following uses and i. The Regional Park shall have their accessory uses are permitted subject to direct access to either a collector the development standards in DCC street and an arterial street or the 18.61.050.H.5 and the applicable central collector and a provisions of DCC 18.61 and DCC 18.116, neighborhood collector street. Supplementary Provisions, and DCC ii. The Regional Park shall have 18.124, Site Plan Review: direct access to a paved multi -use a. Regional Park. path. 4. Neighborhood Park Development Standards. I. Open Space District. The purpose of this a. Size standard. Neighborhood Parks district is to provide two types of open space in shall be a minimum of 2 acres and no the Neighborhood Planning Area. Perimeter more than 5 acres in size. Open Space is located adjacent to Huntington b. Location. Neighborhood Parks shall and Burgess Roads, Highway 97, and between be located at the center of each existing residential lots west of Neighborhood Neighborhood and be fronted on at 4. Perimeter Open Space will provide visual least three sides by public streets and noise screening and locations for multi -use including the central collector and a paths. Corridor Open Space divides the four neighborhood collector. Neighborhoods, helps to maintain a rural C. Boundary Determination. The feeling and contains unpaved multi -use paths. boundaries of the Neighborhood Parks are generally depicted on the 1. Perimeter Open Space Uses Permitted Neighborhood Planning Area Park Outright. Plan, Figure 17 in the Deschutes a. Open space. County Comprehensive Plan, DCC b. Multi -use path. 23.36.052. The exact boundaries of 2. Corridor Open Space Uses Permitted the Neighborhood Parks shall be Outright established at the time of approval of a a. Open space. Quadrant Plan under Section b. Multi -use path. 18.61.050K of this code. c. Picnic area. d. Platting. Neighborhood Parks shall be d. Benches along multi -use path. platted as part of the first phase e. Park or playground managed by the La subdivision in an approved Quadrant Pine Park District or a Neighborhood Plan. Planning Area homeowners 5. Regional Park Development Standards. association. a. The La Pine Neighborhood Planning 3. Uses Permitted Subject to an Open Space Area may include one Regional Park. Management Plan under the provision of The Regional Park may be developed DCC 18.61.050.I.4 in Neighborhood 3 or 4. a. Vegetation management for wildfire b. Size Standard. The Regional Park hazard reduction. shall be between 10 and 25 acres in b. Vegetation management for wildlife size. habitat enhancement. C. The location of a Regional Park shall C. Landscaped earthen berm. be determined during the quadrant 4. Open Space Management Plan. planning of Neighborhoods 3 and/or 4. a. An open space management plan shall d. If the Regional Park is located at the be prepared for each Quadrant as a intersection of the central collector and component of a Quadrant Plan. The a neighborhood collector at the center plan shall be implemented as a PAGE 4 OF 9 - EXHIBIT "C TO ORDINANCE NO. 2001-037 (09/26/01) condition of approval for the final plat of the first phase of any development in a Quadrant. The open space management plan shall identify the funding source and management responsibility for zoned open space. Quadrant Plan. 1. Plan Approval Required. Prior to issuance of a building permit, approval of a tentative plan or initiation of development including streets or placement of utilities within a Neighborhood or Quadrant, a Quadrant Plan shall be approved according to the provisions of this section. 2. Eligibility to Submit an Application. Deschutes County will accept a Quadrant Plan application from a developer who has an agreement with Deschutes County of intent to purchase land in the Quadrant. The County may also prepare a Quadrant Plan. 3. Application Requirements. All applications shall include the following elements. a. Zoning Plan, drawn to scale, showing the boundaries of the proposed zones and the acres in each zone. b. Transportation Plan, drawn to scale, including locations of street rights of way for central collector, neighborhood collector and local streets, block configurations and connections with adjacent Quadrants. c. Non -motorized Circulation Plan showing locations of sidewalks paved and unpaved multi -use paths and where they will connect to adjacent Quadrants. d. Open Space and Park Plan, drawn to scale, defining boundaries for the open space district and Neighborhood or Regional Parks where applicable. e. Open Space Management Plan. f. Utility Plan, drawn to scale, identifying location and specifications for sewer and water facilities. The utility plan shall include a schedule of improvement initiation and completion and a written narrative that explains or describes: i. How the proposed water and sewer systems will be adequate to serve the type and size of development planned. ii. How the proposed location and sizing of facilities will be consistent with existing and planned facilities iii. How adequate water flow volumes will be provided to meet fire flow and domestic demands g. Proposed design guidelines and process for reviewing and approving buildings for conformance with the guidelines. h. A plan showing the lot configuration for Neighborhood General and Neighborhood Center Districts. L A tentative plan conforming to DCC Title 17 for the first phase. j. A phasing plan showing the proposed phasing of the development in the Quadrant. k. A written burden of proof statement with findings demonstrating conformance with the goals and policies of The Deschutes County Comprehensive Plan, DCC 23.36.052, the applicable sections of DCC 18.61, and any other applicable provisions of DCC Title 18. 1. A proposal for deed restrictions, Covenants, Conditions and Restrictions (CCRs), and a homeowners association. in. For Quadrant lc, a site plan meeting the standards of DCC 18.124, Site Plan Review. 4. Quadrant Plan Approval. Approval of a Quadrant Plan is a land use action and shall be reviewed under the provisions of DCC 22.20.020. Quadrant Plans shall be subject to a public hearing. A Quadrant Plan may be approved subject to conditions with findings that the following criteria are met: a. The Quadrant Plan contains all of the elements required in DCC 18.61.050.J (3) of this code. b. The Quadrant Plan conforms to the policies in the Deschutes County Comprehensive Plan, DCC 23.36.052. PAGE 5 OF 9 - EXHIBIT "C" TO ORDINANCE NO. 2001-037 (09/26/01) c. There is adequate sewer and water '01 e. f. g• capacity to serve the development planned for the Quadrant and agreements to provide service have been signed with appropriate water and sewer districts or providers. The streets proposed in the Quadrant Transportation Plan conform to the general location and connection requirements of the La Pine Neighborhood Street Plan, Figure 15 in the Deschutes County Comprehensive Plan, DCC 23.36.052. The proposed street design conforms to the standards in DCC Title 17, Table 2 for the La Pine Neighborhood Planning Area. The paved and unpaved multi -use paths are located within or adjacent to the Perimeter or Corridor Open Space as generally shown in the Non - Motorized Plan, Figure 16 in the Deschutes County Comprehensive Plan, DCC 23.36.052 The open space in the Open Space and Park Plan conforms to the standards in Deschutes County Comprehensive Plan, DCC 32.63.020D and general location shown in the La Pine Neighborhood Parks and Open Space Plan, Figure 17 in the Comprehensive Plan. DCC 23.36.052. The Zoning Plan conforms to the following performance standards: i. Neighborhood Commercial District. A minimum of 2 and a maximum of 4 acres of Neighborhood Commercial District shall be established in Quadrant 3a or 3c. Alternatively, if Quadrant Plans for Quadrant 3a and 3c are approved at the same time, the maximum area of Neighborhood Commercial District may be divided between the two Quadrants. The Neighborhood Commercial zone shall be located at the intersection of Huntington Road and the neighborhood collector that bisects Neighborhood 3. PAGE 6 OF 9 - EXHIBIT "C TO ORDINANCE NO. 2001-037 (09/26/01) ii. Community Facility District. Quadrant 1 c shall be zoned as Community Facility District. iii. Community Facility Limited District. The portion of Quadrant 3a that is located west of Huntington Road shall be zoned Community Facility Limited. A maximum of 15 acres in the northwest section of Quadrant 4a may be zoned Community Facility Limited. iv. Residential Center District. Each Quadrant except Quadrant 1 c and Id shall have a Residential Center District with a minimum of 3 acres and a maximum of 6 acres. The area of the Residential Center District is gross acres including public rights of way. The Residential Center District shall be a contiguous area located so that it is adjacent to both the central collector and the collector street that bisects the Neighborhood. v. Residential General District. The area zoned Residential General shall be the area in each Quadrant that remains after the mandatory minimum Residential Center, Neighborhood Parks and Open Space zoning is defined. vi. Neighborhood Park District. Where a Neighborhood Park is specified on the La Pine Neighborhood Parks and Open Space Plan (Figure 17 in the Deschutes County Comprehensive Plan, DCC 23.36.052), the Quadrant Plan shall zone a minimum of 2 acres and a maximum of 5 acres as Neighborhood Park District. The Neighborhood Park District shall be located at the intersection of the central collector and the neighborhood collector that that bisects the Neighborhood. vii. (nen Space District. The Quadrant Plan shall designate the following minimum areas as Open Space District: (a) Minimum 200 foot wide Corridor Open Space Buffer between Neighborhoods 1 and 2; 2 and 3; and 3 and 4. (b) Minimum 200 foot wide Perimeter Open Space adjacent to Highway 97. (c) Minimum 75 foot wide Perimeter Open Space adjacent to Huntington and Burgess Roads. (d) Minimum 50 foot wide Perimeter Open Space on the west edge of Quadrants 4a and 4c. viii. The proposed residential densities and lot sizes conform with the requirements of the Residential General and Residential Center Zones as further described as follows in Tables 1 and 2: TABLE 1. La Pine Neighborhood Planning Area Density Standards PAGE 7 OF 9 - EXHIBIT "C" TO ORDINANCE NO. 2001-037 (09/26/01) NOTE: Density is calculated using gross acres, excluding collector street right of way. Maximum Minimum Lot Size Range Densitv Densitv Sin le-famil +Oa,, Residential Center 12 units/acre 8 units/acre 2,400 — 4,500 Residential General 6 units/acre 3 units/acre 4,000 — 7,000 1�1TI %fB & 4. ys � Residential Center 12 units/acre 6 units/acre 2,400 — 7 000 Residential General 6 units/acre 2 units/acre 7,000 — 15,000 PAGE 7 OF 9 - EXHIBIT "C" TO ORDINANCE NO. 2001-037 (09/26/01) NOTE: Density is calculated using gross acres, excluding collector street right of way. TABLE 2. La Pine Neighborhood Planning Area Zoning Standards RESIDENTIAL RESIDENTIAL COMMUNITY COMMUNITY NEIGHBORHOOD GENERAL CENTER FACILITY FACILITY COMMERCIAL LIMITED pp [e�famti ��:` � ��..•�� '�� `��,• \,..��s.... Q7S17C�Sm � ���a....� ......... ,_� � ..:�\,. . NEIGHBORHOOD 1 Maximum square feet 7,000 4,500 N/A N/A N/A Minimumsquare feet 4,000 2,400 N/A N/A N/A NEIGHBORHOOD 2 Maximum square feet 15,000 7,000 N/A N/A N/A Minimumsquare feet 7,000 3,500 N/A N/A N/A Minimum square feet N/A I 2,400 2,400 I N/A N/A L tc..1I.plexTr�plx w, Minimums uare feet 8,000 8,000 8,000 N/A N/A Maximum square feet no maximum no maximum no maximum N/A N/A Minimumsquare feet 15,000 10,000 10,000 N/A N/A TIP Maximum square feet no maximum no maximum no maximum no maximum 22,000 Minimum scivare feet 7,000 4,500 none none 7,000 Minimum (feet) 50' for detached 40' for detached 50 50 50 dwellings dwellings 24' for attached 24' for townhome attached townhome q Minimum feet 100 100 150 150 150 y \ \ \\ \\\ '[ RESIDENTIAL ENS TY e ass aC ,«NNW I ....... r r ., \\ \....... F-. \ \ NEIGHBORHOOD 1 Maximum 8.0 12.0 12.0 N/A N/A Minimum 3.0 8.0 N/A N/A N/A NEIGHBORHOODS 2.3 & 4 Maximum 6.0 12.0 N/A N/A N/A Minimum 2.0 6.0 13�44 \ \ \\ Primary Building Front 15' min. 10' min. 10' min 10' min 10' min. 10' min. 5' min. or 0 lot 5' min. or 0 lot 5' plus 1/2 foot 5' plus 1/2 foot for line line for each ft. each ft. building Side building height exceeds 20' height exceeds 20' Side at corner 2 10 feet 5 ' or 0 lot line 5 feet 5 feet 5 feet 10 feet None except None except 5' plus 1/2 foot 5 feet abutting abutting for each ft. Rear Residential Residential building height General 5' General 5' exceeds 20' PAGE 8 OF 9 - EXHIBIT "C" TO ORDINANCE NO. 2001-037 (09/26/01) TABLE 2. La Pine Neighborhood Planning Area Zoning Standards (continued) RESIDENTIAL RESIDENTIAL COMMUNITY COMMUNITY NEIGHBORHOO GENERAL CENTER FACILITY FACILITY COMMERCIAL LIMITED Maximum Perimeter 2,000 1,600 1,200 N/A 1,200 feet Maximum block length without 600 feet 600 feet 400 feet 800 600 feet edestrian connection Primary 30' 40' except Res. 45' except Res. 45' 30' Min. from front of building 10 feet General General N/A N/A MINIMUM ONSITE DCC 18.116 standards apply standards apply DCC 18.116 DCC 18.116 PARKING to single family. to single family. % Building at front lot line N/A Townhomes 35 Townhomes 35 N/A N/A ft. max. ft. max. Accessory Dwelling or 20' 25' 30' 30' 25' Building Higher with Conditional Use NO YES up to 40 feet YES YES NO Permit Front lot line 20 feet 10 feet 10 feet N/A N/A Min. from front of building 10 feet 5 feet 5 feet N/A N/A MINIMUM ONSITE DCC 18.116 DCC 18.116 DCC 18.116 DCC 18.116 DCC 18.116 PARKING % Building at front lot line N/A 50% min.(3) N/A N/A N/A NOTES: (1) Gross acres, excluding collector street right of way (2) Must met clear vision requirements of DCC 18.116.020 (Ord.2001-037§2, 2001; Ord. 2001-016§2, 2001; Ord. 2000-015§2) PAGE 9 OF 9 - EXHIBIT "C" TO ORDINANCE NO. 2001-037 (09/26/01)