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2001-769-Ordinance No. 2001-046 Recorded 10/11/2001REVIEWED ,-G LEGAL COUNSEL REVIEWED i CODE REVIEW COMMITTEE COUNTY OFFICIAL MARYHSUE SPENHOLLOW, COUNTYRCLERKS COMMISSIONERS' JOURNAL 10/11/200103:54:50 PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 23, Deschutes County Comprehensive Plan, of the Deschutes County Code Establishing the La Pine Business Park District and Declaring an Emergency. ORDINANCE NO. 2001-046 WHEREAS, Deschutes County has initiated an amendment to Title 23, Deschutes County Comprehensive Plan and Title 18, Deschutes County Zoning Ordinance, of the Deschutes County Code (File Number PA -01-5; TA -01-5; ZC-01-7) to establish a Business Park District in the La Pine Urban Unincorporated Community; and, WHEREAS, the Deschutes County Planning Commission conducted a public hearing on the proposed amendments, and forwarded the proposed amendments to the Board of County Commissioners with a recommendation that said amendments be adopted; and, WHEREAS, this ordinance is necessary for the immediate implementation of the La Pine Business Park Zoning District; therefore, an emergency is declared to exist, so that this ordinance can take effect on its passage; and WHEREAS, after notice was given and hearing conducted on October 10, 2001 before the Deschutes County Commissioners in accordance with applicable law, the Board of County Commissioners has considered the proposed amendments; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. Subsection 23.36.052(A), La Pine Urban Unincroporated Community, of the Deschutes County Code is amended to read as set forth in Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined and deleted language shown in st-ri-kethf000. Section 2. AMENDMENT. Subsection 23.36.052(A), La Pine Urban Unincroporated Community, of the Deschutes County Code is amended to read as set forth in Exhibit `B," attached hereto and by this reference incorporated herein, with new language underlined and deleted language shown in +..�;�gk. Section 3. AMENDMENT. Figure 6 in Section 23.36.052, of the Deschutes County Code, the La Pine Planning Area Comprehensive Plan Designations Map, is hereby amended to add a Business Park District to the La Pine Urban Unincorporated Community (UUC), as shown in Exhibit "C," attached hereto and by this reference incorporated herein. Section 4. AMENDMENT. Figure 7 in Section 23.36.052 of the Deschutes County Code, the La Pine Planning Area Zoning Districts Map, is hereby amended to add a Business Park District to the La PAGE 1 of 2 — TO ORDINANCE NO. 2001-046 (10/10/2001) Pine Urban Unincorporated Community (UUC), as shown in Exhibit "D," attached hereto and by this reference incorporated herein. Section 5. FINDING. The Board of County Commissioners adopts as its findings in support of this ordinance the Staff Report and Exhibits attached hereto as Exhibits "A -D", and by this reference incorporated herein. Section 6. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, and emergency is declared to exist, and this Ordinance takes effect on its passage. p DATED this day of tt- 2001. ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREC#ON T R. Luke, I. Mic6aef M. Daly, Comm' sioner PAGE 2 of 2 — TO ORDINANCE NO. 2001-046 (10/10/2001) EXHIBIT "A" amendment and zone change in 1984, the 23.36.052. La Pine Urban Unincorporated industrial reserve areas were planned for Community industrial development in conjunction A. Community overview with the industrial park owned and 1. Planning history. operated by Deschutes County. Several characteristics that are unique to reach unhealthy levels in the near future the La Pine area have shaped the La Pine In 1996 the La Pine Rural Service Center community. The pattern of public and (RSC) was designated an "urban private land ownership has scattered the unincorporated community" or " UUC" population and made the creation of a and the Wickiup Junction RSC retained cohesive community difficult. In the its designation as a "rural service center" 1960s through 70s, before statewide under statewide planning rules for planning, over 12,000 lots were platted unincorporated communities. At the south of Sunriver. The majority of the same time, the County began working on lots have on-site sewage disposal systems the "Regional Problem Solving Project and are less than two acres in size. The for South Deschutes County," a planning area surrounding La Pine is fairly level project made possible through the and the groundwater aquifer, the source Oregon legislature. of domestic water, is generally shallow. project was to create a "new Water pollution problems identified in Through the Regional Problem Solving the core area of La Pine in the 1980's (RPS) planning process, community resulted in the construction of a sewage stakeholders identified regional treatment facility. While the water problems. The four major concerns quality in the core area has since identified by the stakeholders where 1) improved, the potential for more the potential pollution of groundwater widespread water pollution problems in which adversely effects the primary the rural area surrounding La Pine was source of drinking water in the area; 2) recognized in the mid 1990s. In addition, the loss of wildlife habitat; 3) increased deer migration corridors in the area have threat from wildfire; and 4) impacts to air been seriously affected and large areas of quality from dust from unpaved roads. forestland have been converted to (See Regional Problem Solving, Chapter residential development. 8, Section 4 of the Comprehensive Plan). A desire by local residents to be Groundwater flow models developed in independent of Bend has created a 1996 by the Oregon Department of demand for local commercial and public Environmental Quality indicated that services. However, the low-density nitrate levels in the groundwater could residential pattern spread over reach unhealthy levels in the near future approximately 50 square miles has if steps were not taken to limit the total created serious challenges relating to number of on-site disposal systems in the public facilities and services planning, area. The cost of a regional sewer system energy conservation and urbanization. was analyzed and determined to be prohibitive. Other solutions, including a Under the 1979 comprehensive plan, La building moratorium or an increase in the Pine was designated as a rural service minimum parcel size required for an on - center, with plan designations for site disposal system, were determined to residential, commercial, industrial and be unacceptable options for the industrial reserve. Zoning largely community. reflected the comprehensive plan designations. Through a plan One solution that emerged from the RPS project was to create a "new Page 1 of 13 —EXHIBIT "A" TO ORDINANCE 2001-046 (10/10/2001) EXHIBIT "A" neighborhood" which would be primarily residential in character and be located between La Pine and Wickiup Junction. Future growth for the South County that would otherwise occur in existing subdivision lots in the surrounding area could be redirected to the new neighborhood. The means to accomplish this change in the pattern of growth is through a transferable development credit (TDC) program that allows the owners of vacant lots to choose whether to build on their property or sell their "rights" to develop. A market will be created for these rights because of the requirement for TDCs to build in the new neighborhood, now known as the Neighborhood Planning Area in the La Pine UUC. In August 2000 the La Pine UUC boundary was expanded to include the following additional areas to implement the RPS project and meet other identified community needs: Baldwin- BLM Herndon Wickiup Tract 38 Oregon Junction Trust RSC 518 66 102 At the same time, three planning areas were created in the La Pine UUC encompassing the following acreage: La Pine Neighborho Wickiup od Junction 982 571* 102 *Includes Hwy 97 & Huntington Rd. R -O -W The La Pine Planning Area encompasses the former La Pine UUC plus 13 acres of the Baldwin -Herndon Oregon Trust Property. The Neighborhood Planning Area includes all of the BLM property identified as Tract 38 and 53 acres of the Baldwin -Herndon Oregon Trust property. The Wickiup Junction Planning Area is identical to the former Wickiup Junction RSC. The La Pine UUC and the three planning areas are shown on Figure 1. The Neighborhood Planning Area will be developed with residential uses, including single-family and multi -family dwellings, a limited amount of commercial uses, a school, senior assisted living facilities and other community/civic uses, and open space and parks. The 13 acres of Baldwin -Herndon Oregon Trust property, between Huntington and Couch Roads near the La Pine High School, was added to the La Pine Planning Area for future community uses, such as a pool, performing arts center and community education facilities. The need for these types of facilities was identified in design workshops held in 1998 as part of the Deschutes County Regional Problem Solving planning program and reaffirmed in a subsequent workshop conducted by the La Pine Community Action Team in April 2000. A new plan designation, "Community Facility", was created to include this property and the adjacent land that consists of the existing school site. This site was formerly designated as "Residential" in the La Pine Planning Area. In 1998 a sewer line was extended from La Pine to Wickiup Junction and as of August 2000 there were approximately 34 developed properties in Wickiup Junction connected to the sewer system. There are plans to extend a water system to Wickiup Junction. Therefore, the Wickiup Junction area consisting of 102 acres, was added as a third planning area in the La Pine UUC in 2000 and the designation of Wickiup Junction as rural service center was eliminated. The mixed commercial/residential comprehensive plan designation and Page 2 of 13 —EXHIBIT "A" TO ORDINANCE 2001-046 (10/10/2001) EXHIBIT "A" zoning district were retained, however, in industrial area and again in 1998 to the Wickiup Junction Planning Area. include the Wickiup Planning Area. Figure 2 shows the sewer district The expansion of the La Pine UUC boundaries as of August 2000. The boundary in 2000 was done under the sewer treatment system allows auspices of Regional Problem Solving. It wastewater generated in La Pine to be was completed by taking an exception to collected, treated and disposed of safely statewide planning Goal 4 and addressing while at the same time allowing growth the criteria for enlarging a UUC under and development of the La Pine WC. the administrative rule for Unincorporated Communities, OAR 660, Construction of a public water system for Division 22. La Pine was started in 1998. It is 2. Planning under the Urban expected to start providing water to the Unincorporated Community Regulations. La Pine Planning Area in 2001. The La Under the Administrative Rule for Pine Water District was established in Unincorporated Communities, OAR 660, 1997 to operate and maintain the water Division 22, La Pine meets the definition system. Figure 3 shows the water district of an "Urban Unincorporated boundaries as of August 2000. Community." La Pine has the following characteristics that make it an "Urban The La Pine Rural Fire Protection Unincorporated Community" under the District currently serves the La Pine rule: Urban Unincorporated Community and a. Includes at least 150 permanent surrounding rural area. Figure 4 shows dwelling units including the boundaries of the fire district. The manufactured homes; district headquarters is located in La b. Contains a mixture of land uses, Pine. An additional fire station is located including three or more public, north of the La Pine UUC near commercial or industrial land uses; Vandevert Road. c. Includes areas served by a community sewer system; The native vegetation in the area consists d. Includes areas served by a primarily of lodgepole and ponderosa community water system; and pines with an understory of grasses and e. Is unincorporated. shrubs. Much of the native vegetation in the surrounding area remains, except that Under the administrative rule, rural trees have been thinned in conjunction unincorporated communities are required with forest product operations and to have a public facilities plan. The residential development. public facilities plan for the La Pine UUC is set forth in the section immediately The La Pine UUC is the primary service following this general discussion of the center for the surrounding rural La Pine Urban Unincorporated residential development located south of Community. La Pine State Park Road. The UUC also serves the needs of additional RR -10 As of 1996, 22 non -community public development south of Sunriver and north water systems and a public sewer system of La Pine State Park Road. Figure 5 served the La Pine Planning Area. The shows the rural area that surrounds the La La Pine Special Sewer District was Pine UUC. established in 1980 to protect the groundwater in the La Pine rural area. The existing development in the La Pine The sewer district boundaries were Planning Area consists of a variety of expanded in 1996 to include the uses which include: elementary school, Page 3 of 13 —EXHIBIT "A" TO ORDINANCE 2001-046 (10/10/2001) EXHIBIT "A" high school, church, post office, library, effluent is used to grow hay crops as part community park, bank, motels, of the disposal process. gas/service stations, medical offices and various retail stores, restaurants and other The most contentious issue during the commercial businesses. There is also process of implementing the UUC some residential development within the designation in 1996 was whether a La Pine Planning Area. sufficient amount of land had been zoned for commercial use. The plan The La Pine Planning Area also includes designations adopted as part of the 1996 the Deschutes County industrial park in UUC revision included an increase in addition to privately owned industrial designated commercial lands along the land. All the land in the Industrial western boundaries of the La Pine District is included in the La Pine Special Planning Area and some areas between Sewer District. As of 1996, the sewer Foss and Finley Butte Roads and along district had the capacity to serve the Foss Road. Industrial District at build out. Because the Industrial District is in the sewer Although there was a request that district it is anticipated that new additional areas to the east of Highway industrial uses will connect to the sewer. 97 be zoned commercial, the County declined to designate those areas In 1996 the La Pine Industrial Group, commercial, giving preference for Incorporated (LIGI) requested that commercial expansion along Huntington Deschutes County establish a Business Road. Also, much of the residential Park District on a 40 acre parcel of land development to be served by the UUC is within the Industrial District and located located to the north and west of the UUC east of Hi way 97 and south of Reed and there is a need to retain areas for Road. The County Commissioners future residential development within the agreed with the La Pine Industrial Group La Pine core area. Inc. that a need existed in the La Pine UUC for a mix of light industrial and The existing development in the Wickiup commercial uses to provide further Junction Planning Area consists of a economic stability within the La Pine variety of commercial businesses UUC and surrounding area. In 2001 the including automotive services, County rezoned the 40 acre parcel to the restaurants, a bowling alley, motels and a La Pine Business Park District and gas station/convenience market. Two amended Title 18 of the Deschutes fraternal organizations are also located in County Code (DCC) to include the the Wickiup Junction Planning Area. Business Park District with in the La Some residential development also exists Pine UUC. and recent land use actions and development within the Wickiup In 1996, the boundary of the UUC was Junction Planning Area have converted expanded from the former boundary of existing buildings to new uses. A large the La Pine Rural Service Center to truck stop for commercial haulers and include a large tract that is occupied by other travelers on Highway 97 opened in the La Pine Special Sewer District for the 2000. treatment and disposal of its effluent. The resource designation for this tract U.S. Highway 97 runs along the majority was changed from Forest to Agriculture of the western boundary of the Wickiup to recognize the fact that the tract had Junction Planning Area. Burgess Road been cleared of trees and that treated intersects Highway 97 along the southern boundary of the planning area. Both of Page 4 of 13 —EXHIBIT "A" TO ORDINANCE 2001-046 (10/10/200 1) EXHIBIT "A" these roads are two lanes and paved. c. Neighborhood Planning Area Highway 97 is designated as a Primary (formerly designated as forest Highway by Deschutes County while resource land) Burgess Road is classified as a Collector. Local streets provide internal access to The La Pine Planning Area is divided the planning area. The Burlington into six seven comprehensive plan Northern & Santa Fe Railroad railway designations: Residential, Commercial, runs parallel to Highway 97 west of the Industrial, Business Park, Community planning area boundary. There is an at- Facility, Park/Open Space and grade railway crossing of Highway 97 Agriculture (see Figure 6). This planning near the Burgess Road/Highway 97 area includes seven eight zoning districts: intersection. Residential, Commercial, Industrial, Business Park, Sewer Facility, The Long Prairie Slough and its Community Facility, Community Facility floodplain form the western boundary of Limited and Flood Plain (see Figure 7). the La Pine Planning Area. The In addition, a portion of the residential floodplain area is used for agricultural district is identified with a commercial purposes. The Division of State Lands overlay on the zoning map. A policy is completed a detailed wetland inventory included in the plan for the eventual in January 1996. The study found that rezoning of this overlay area from there were no other wetlands located residential to commercial. inside the La Pine Planning Area. Except for two historic structures, no Goal 5 The commercial overlay area was resources have been identified or mapped in 1996 and applies to certain inventoried within the boundaries of the properties identified for future La Pine UUC. commercial expansion. These areas were identified in 1996 when the La Pine RSC Land surrounding the La Pine Urban became a UUC under the administrative Unincorporated Community boundary is rules for unincorporated communities. A zoned Rural Residential (10 acre Community Facility plan designation minimum lot size), Forest Use 1, Forest was created in 2000 to include the lands Use 2 and Exclusive Farm Use (EFU – north of V Street already developed with La Pine Sub -zone). Land to the east is schools and the 13 -acre portion of the federal land managed by the Bureau of Baldwin -Herndon Oregon Trust property Land Management. Land zoned Rural planned for other community facilities. Residential lies to the north and west of The former area is in the Community the La Pine UUC. The comprehensive Facility Limited zone district whereas the plan designation for the surrounding 13 -acre portion of the Baldwin -Herndon properties is Forest, Agriculture and Oregon Trust has been zoned Residential. Community Facility. 3. Comprehensive Plan Designations and Zoning. The Wickiup Junction Planning Area In 2000, the La Pine Urban contains one plan designation and one Unincorporated Community was zoning district: Commercial/Residential expanded to include three planning areas: (see Figure 8). No changes were made to a. La Pine Planning Area (formerly the the boundary, plan policies or zone La Pine UUC plus a 13 -acre standards when this area became part of expansion). the La Pine UUC in 2000, except for the b. Wickiup Junction Planning Area elimination of the policy that referred to (formerly the Wickiup Junction expanding the sewer district boundary to Rural Service Center). serve this area and the placement of Page 5 of 13 —EXHIBIT "A" TO ORDINANCE 2001-046 (10/10/2001) EXHIBIT "A" transportation policies into the overall La Pine UUC section. The Neighborhood Planning Area contains four plan designations -- Residential, Community Facility, Commercial and Park/Open Space (see Figure 9), and six zoning districts -- Residential General, Residential Center, Community Facility, Community Facility Limited, Commercial and Park/Open Space (see Figure 10). Plan policies and zoning standards were adopted in August 2000 to ensure that the Neighborhood Planning Area develops in accordance with the overall neighborhood plan and design documents produced for the Regional Problem Solving Project. Detailed comprehensive plan and zoning maps were also adopted to help guide future planning and development in this planning area. The boundaries of the plan designations and zoning area districts in the Neighborhood Planning Area may be adjusted during future refinements of the master plan for the entire planning area or when specific areas are addressed with refinement plans during the subdivision plat process. The boundary of the Neighborhood Center District zone areas has been shown in dashed lines to indicate that this area in particular needs to be adjusted to an appropriate size during the refinement process. The plan policies and zoning standards adopted in August 2000 are also intended to ensure that residential development in the Neighborhood Planning Area will include mixed housing types, provide affordable housing opportunities and require participation in a Transferable Development Credit Program. It is expected that the refinement plan process and more detailed planning and lot platting for the first phases of development in the planning area will result in additional specificity in the zoning standards. The zoning ordinance adopted in August 2000 indicates that setbacks, lot dimensions, block lengths, design guidelines and other parameters will be formulated during the refinement process for the entire planning area. Plan policies are included to reflect these anticipated changes in plan and zone boundaries and zoning standards. 4. Land use inventory. The inventory information listed below is from the Deschutes County Assessor's Office data and the land use projections for the Neighborhood Planning Area compiled by the County GIS Service Center in July 2000 and is based on design work completed for Regional Problem Solving. The Neighborhood Planning Area acreages are guidelines for future development in this planning area that may be revised during the refinement plan process as previously discussed above. a. La Pine Planning Area: Page 6 of 13 —EXHIBIT "A" TO ORDINANCE 2001-046 (10/10/2001) 011 pi 133 88 11 2 3 6 129 94 Industrial 48 15 33 Business ercial 123 86 37 Industrial 27 21 6 Business Community Park 96 096 1 0 Tract* 202 128 74 Farm 2 0 2 Facility Exempt" 41 11 30 0 Totals 502 248 248 6 Page 6 of 13 —EXHIBIT "A" TO ORDINANCE 2001-046 (10/10/2001) 011 Commercial 133 88 45 Residential 223 129 94 Industrial 48 15 33 Business Park 96 0 — 96 — Community Facility 1 0 1 Community Facility 1 1 0 Page 6 of 13 —EXHIBIT "A" TO ORDINANCE 2001-046 (10/10/2001) EXHIBIT "A" Limited Approximately 1269 - potential new lots based on both public water Flood Plain 1 0 1 Sewer Facility 1 1 0 Totals 504 234 270 *Residential property or property used primarily for residential purposes. **Tax exempt properties, i.e., church, County or state government. b. Wickiup Junction Planning Area: orYin oil Commercial 99 41 58 / Residential *Residential property or property used primarily for residential purposes. **Tax exempt properties, i.e., church, County or state government. Maximum # Approximately 1269 - potential new lots based on both public water Maximum # and public sewer service. Potential new lots Approximately 306 - based on either public Existing public water or public sewer water system service. Existing sewer 181 connections. connections: 102 acres Road distance to 22 non -community water Existing public systems with 146 water systems: connections, serving 1837 10.6% people. Total area 982 acres Road distance to 25 miles -Bend UGB nearest UGB b. Wickiup Junction Planning Area: orYin oil Commercial 99 41 58 / Residential *Residential property or property used primarily for residential purposes. **Tax exempt properties, i.e., church, County or state government. Maximum # N 31861% potential new lots 92 Existing sewer 34 connections Senior housing14 One non -community Existing public system water system with one connection 2 servicing 100 people Total area 102 acres Road distance to Open Space/ Parks nearest UGB 22 miles – Bend UGB c. Neighborhood Planning Area. Single-family N 31861% Multi-family29 5.6% Senior housing14 3% School 13 2.5% Commercial 2 0.4% Senior/Civic/ Medical facility 10 2% Open Space/ Parks 58 11% Collector Right -of- way 55 10.6% Community Facility Limited 20 3.8% Totals 519 *99.9% *Total does not equal 100% due to rounding. Page 7 of 13 —EXHIBIT "A" TO ORDINANCE 2001-046 (10/10/2001) 0114`.11:3bdV41 i *Includes local right-of-way **Park & Ride @ Burgess/Hwy97 Intersection Maximum # 1800, including senior F,d? Residential 1110 0 All General *325 Residential Existing sewer through district – connections connection will be Center *28 280 0 All Community Total area 519 acres Road distance to Facility 31 150 0 All Community Facility 20 3 **1 2 Limited Commercial 2 1 0 1 Park/Open Space 58 n/a n/a n/a Collector r- n/a n/a n/a o -w 55 Totals 519 1 1800 *Includes local right-of-way **Park & Ride @ Burgess/Hwy97 Intersection Maximum # 1800, including senior residential lots housing 4,651 None; sewer line passes Existing sewer through district – connections connection will be required Existing public None; -- connection will waters stem be required Total area 519 acres Road distance to nearest UGB 23 miles – Bend UGB 5. Population information. Since 1989, Deschutes County has been the fastest growing County in the state on a percentage basis. The estimated population in 2000 for La Pine and the surrounding rural area is over 10,000 year-round residents (and a summer population upwards of 16,000). This would make this area the second largest city in Oregon east of the Cascades, exceeded only by Bend. The La Pine area is currently experiencing rapid growth similar to the remainder of Deschutes County. The following population estimates for Deschutes County were made after the 1990 census: Source: U.S. Census, 1990 Population estimates in 1990 for the La Pine UUC were as follows: 2000 2005 Popula 4,651 6,619 7,315 7,996 -tion 74,958 106,671 117,887 128,868 Source: U.S. Census, 1990 Population estimates in 1990 for the La Pine UUC were as follows: Source: Katio projection model based on U.S. Census. In 1998, Deschutes County adopted a coordinated population forecast with the cities of Bend, Redmond and Sisters in accordance with ORS 195.036. This forecast relied on information from Portland State University and the Oregon Office of Economic Analysis. The adopted forecast includes the following population estimates for Deschutes County and the incorporated cities. 2000 2005 Popula 4,651 6,619 7,315 7,996 -tion Source: Katio projection model based on U.S. Census. In 1998, Deschutes County adopted a coordinated population forecast with the cities of Bend, Redmond and Sisters in accordance with ORS 195.036. This forecast relied on information from Portland State University and the Oregon Office of Economic Analysis. The adopted forecast includes the following population estimates for Deschutes County and the incorporated cities. From 1995 through 1999, building permits, vacant lot sales and real estate sales of improved lots increased. Growth in the La Pine UUC and surrounding rural area was similar to growth experienced in the remainder of Deschutes County for this time period. This trend is expected to continue. *** C. La Pine Urban Unincorporated Community Plan Policies. 1. General. a. The La Pine UUC shall contain the following planning areas: La Pine, Neighborhood and Wickiup Junction. b. Expansion of the boundary of the Urban Unincorporated Community Page 8 of 13 —EXHIBIT "A" TO ORDINANCE 2001-046 (10/10/2001) 2000 2005 2010 2020 113,231 132,239 151,431 182,353 From 1995 through 1999, building permits, vacant lot sales and real estate sales of improved lots increased. Growth in the La Pine UUC and surrounding rural area was similar to growth experienced in the remainder of Deschutes County for this time period. This trend is expected to continue. *** C. La Pine Urban Unincorporated Community Plan Policies. 1. General. a. The La Pine UUC shall contain the following planning areas: La Pine, Neighborhood and Wickiup Junction. b. Expansion of the boundary of the Urban Unincorporated Community Page 8 of 13 —EXHIBIT "A" TO ORDINANCE 2001-046 (10/10/2001) EXHIBIT "A" Page 9 of 13 —EXHIBIT "A" TO ORDINANCE 2001-046 (10/10/2001) (UUC) will require demonstration of 6. Explore safer and more a long-term need for housing and convenient access, parking and employment. Need shall be based pedestrian circulation to upon population growth estimates businesses fronting Highway 97; from a reputable forecast service 7. Participate in an access (such as Portland State University). management plan for La Pine; Estimates shall be coordinated with 8. Support the extension of the those for other cities and four -lane highway section north communities in the County and shall and south of La Pine to enable consider: vehicle passing in advance of 1. Plans to extend facilities and reaching the community; services to existing community 9. Explore the potential of a future land; and Highway 97 bypass around La 2. The infill potential of existing Pine. land in the community. b. Improvements to the public rights -of - c. An expansion undertaken under this way shall conform to the design policy, shall follow the requirements standards contained in Title 18, the listed in OAR 660-22-040. Deschutes County Zoning d When reviewing individual site Ordinance. plans, buildings shall be sited so as to c. The County shall consider protect significant trees wherever improvements to the following practicable. intersections to provide for improved e. Site plan criteria shall require traffic flow, and increased vehicular, landscaping for all new commercial bicycle, and pedestrian safety: and industrial development. Huntington Road/ Ist Street; f. Conditional use permits shall be d. The County shall consider required for fill and removal reconfiguring the intersection of 6th activities in designated wetlands. Street/Morson Street/Highway g. The County shall assist the 97/Finley Butte Road to provide community in reviewing safer connections to the state incorporation alternatives. highway, and a more viable 2. Transportation. intersection that may ultimately a. The County shall coordinate with the become signalized. Oregon Department of e. The County will determine specific Transportation to: transportation -related improvements L Provide safe vehicular, bicycle, to Huntington Road as commercial and pedestrian movement across development/redevelopment occurs. Highway 97 in La Pine; f. Where new development requires the 2. Reduce speeds on Highway 97 establishment of new streets, such through La Pine; streets shall connect to and extend 3. Seek funding to design and the current grid street system. implement a four -lane section g. The County shall establish a safe, with landscaped center median connected bicycle/pedestrian system between 1 st and 6th streets. throughout La Pine. 4. Provide safe vehicular turning h. The County shall pursue a movements across oncoming countywide bicycle/pedestrian plan traffic in La Pine; that provides connections to the La 5. Consider intersection Pine UUC. realignments to provide safer i. The County shall explore the turning movements at odd- potential for scheduled fixed -route angled intersections in La Pine; Page 9 of 13 —EXHIBIT "A" TO ORDINANCE 2001-046 (10/10/2001) EXHIBIT "A" public transportation between La Pine/Wickiup Jct. and Bend. j. The County will ensure that adequate transportation facilities are provided between the La Pine and the Neighborhood Planning Areas as development occurs. Before phase one of the Neighborhood Planning Area is completed and prior to the start of phase two a traffic signal should be installed at the intersection of 1 st Street and Highway 97. The County shall contribute a proportional share of the cost, based on the number of trips generated and distribution of trips to this intersection. k. Planning for bicycle and pedestrian traffic shall be incorporated in new street designs. 1. The County shall work with the Oregon Department of Transportation to slow traffic to posted speeds, using a combination of enforcement and traffic calming techniques (extended curbs, landscaping, raised medians, etc.) along Highway 97 through the La Pine UUC. in. The County shall work with the Oregon Department of Transportation to adopt and implement consistent standards regarding left turn lanes, raised medians, driveway spacing, acceleration/deceleration lanes, turn refuges and means to enhance the local street network to handle local traffic and relieve congestion along Highway 97 within the La Pine Urban Unincorporated Community. n. Sidewalks shall be buffered from the streets with adequate landscaping, shoulders and/or on -street parking. o. Streets shall be designed to carry anticipated traffic volumes, and rights-of-way shall provide enough space for an adequate planting strip and sidewalks or bikeways. p. The County shall encourage truck traffic generated from the Industrial District to access the Highway 97 corridor via Reed Road. q. The County shall explore development of a Systems Development Charge (SDC) program for transportation facilities within the La Pine UUC. 3. Public facility and services. a. New development should locate in areas where facilities are available or can be provided at least cost. b. The La Pine Special Sewer District should annex all land within the UUC boundary. c. The County shall support the development, re -development and expansion of a single domestic water system maintained and operated by the La Pine Water District so that cumulative development will not result in public health hazards or adverse environmental impacts that violate state or federal water quality regulations. The La Pine Water District should annex all land within the UUC boundary. d. Consistent with Goal 11, the County shall support the development, re- development and expansion of the La Pine Special Sewer District's sewer system so that cumulative development will not result in public health hazards or adverse environmental impacts that violate state or federal water quality regulations. e. The County site plan criteria shall require that all new developments include a drainage system that protects water quality. Alternative drainage options shall be allowed where shallow water table prohibits use of a drywell. f. The County shall encourage early planning and acquisition of sites for needed public facilities (e.g., fire stations, schools, parks, roads, etc.). g. The County shall cooperate with agencies and citizen's groups in improving water quality and the condition of the watershed. Page 10 of 13 —EXHIBIT "A" TO ORDINANCE 2001-046 (10/10/2001) EXHIBIT "A" h. A large tract to the north of the La Administrative Rule for Pine core area that is used by the La Unincorporated Communities, OAR Pine Sewer District for disposal and 660, Division 22. Small-scale, low treatment of effluent shall be impact commercial use is one that designated as Agriculture under Goal takes place in a building or buildings 3 on the plan. It shall be zoned for not exceeding 8,000 square feet of sewer treatment and disposal and the floor space. uses allowed in the zoning district b. The Commercial District shall be shall be limited to those that are developed with uses intended to consistent with Goal 3. serve the community and D. The La Pine planning area. surrounding rural area or the travel 1. General. needs of people passing through the The La Pine Planning Area shall contain area. The surrounding rural area the following plan designations: includes the area south of La Pine Residential, Commercial, Industrial, State Park Road to the Klamath Business Park, Park/Open Space, County line that is zoned Rural Agriculture and Community Facility. Residential, Forest and Exclusive The following zone districts shall exist in Farm Use. See Figure 3. the La Pine Planning Area: Residential, c. Buildings in the Commercial District Commercial, Community Facility, shall be limited to thirty feet in Community Facility Limited, Flood height to retain the rural character of Plain, Industrial and Sewer Treatment. A the area and preserve views of the commercial overlay area shall be applied mountains, unless an exception is on the zoning map to that portion of the allowed under zoning regulations. residential district designated as d. Community infrastructure, including commercial on the comprehensive plan. sewer, water, streets, sidewalks and 2. Residential district. other transportation improvements a. The County shall encourage a identified in the Deschutes County diversity of housing options for Transportation System Plan shall be community residents. developed. b. All new residential subdivisions and e. Future commercial development partitions shall provide public, shall be encouraged along semipublic and/or private open space Huntington Road. as part of the development, or fee in f. Future public uses should be located lieu of land to the extent allowed by near the junction of Huntington Road law. and 1 st Street, close to where c. Areas designated residential on the existing public uses including school, comprehensive plan shall be zoned County, office, public, park and fire residential district on the zoning stations have already been map. developed. d. New subdivisions, cluster g. The County shall support transfer of developments, and manufactured federal and state land to private home parks shall be connected to a ownership within the Commercial Department of Environmental District whenever feasible. Quality permitted community or h. Residential use in conjunction with municipal sewer system. commercial uses shall be 3. Commercial district. encouraged. Land divisions for a. The Commercial District shall be residential purposes shall not be developed with small-scale, low- allowed in the commercial district. impact uses as defined under the i. Lands designated Commercial on the comprehensive plan that are not Page 11 of 13 —EXHIBIT "A" TO ORDINANCE 2001-046 (10/10/2001) 4. 5 6 EXHIBIT "A" served by sewer, a municipal or community water system and abutted by roads constructed to County standards shall be given Residential zoning and be identified as Commercial Overlay on the zoning map. Notwithstanding and in place of the criteria set forth in DCC 18.136.030 regarding quasi-judicial zones changes, at such time as the sewer and water are in the street adjacent to the subject property and the road abutting the subject property is brought to County standards, a zone change for such lands shall, upon application to the County, be granted from Residential to Commercial. Such changes shall be subject to applicable post - acknowledgement provisions of ORS 197.510 through 197.625. (See Figure 5 for areas identified for future commercial expansion.) Community Facility Limited District. a. Land located west of Coach Road and north of I` Street shall be used for schools and their associated uses. Community Facility District. a. Land located between Huntington and Coach Roads shall be used for community and public uses identified in the design workshop conducted by LCAT in April 2000, or for other community/civic uses identified in a future public process. These uses include a senior center, performing arts center, community health center, community college education facilities and a swimming pool. Industrial District. a. In order to maximize land available for industrial uses, new uses in the Industrial District that meet the criteria for an Oregon Department of Environmental Quality (DEQ) water pollution control facility (WPCF) permit, shall be required to connect to the La Pine Sewer Treatment Facility in lieu of obtaining a WPCF permit. b. New industrial uses shall be limited to those that will not exceed the capacity of water and sewer service available to the site on December 5, 1994, or, if such services are not available to the site, the capacity of the site itself to provide water and absorb sewage. c. Industrial development shall not degrade the quality of surface or groundwater. d. Siting criteria shall require adequate traffic circulation, off-street parking, and loading and service area. e. The community shall attempt to diversify its industrial base. f. Where the Industrial District abuts a residential district, special development standards relating to setbacks, screening, signs and building height shall be established. g. Industrial zoning shall protect industrial lands from incompatible commercial development. 7. Business Park District. 1. A variety of commercial and industrial uses which support the needs of the community and surrounding rural area. 2. Allow small-scale, low -impact commercial uses in conformance with the requirements of OAR Chapter 660, Division 22. Larger more intense commercial uses shall be permitted if they are intended to serve the community, the surrounding rural area and the travel needs of people passing through the area. 3. Small-scale, low -impact industrial uses should be allowed in conformance with the requirements of OAR Chapter 660, Division 22. No more intensive industrial uses shall be allowed. -78. Flood Plain District. a. The area within the boundaries of the La Pine WC that is within the flood plain mapped by Flood Emergency Management Agency (FEMA) shall Page 12 of 13 —EXHIBIT "A" TO ORDINANCE 2001-046 (10/10/2001) EXHIBIT "A" be given a plan designation of "Commercial" and shall be given a zoning designation of "Flood Plain District." Notwithstanding and in place of the criteria set forth in DCC 18.136.030 regarding quasi-judicial zones changes, the owner of such property may apply for and shall receive a zone change to Commercial at such time as the owner obtains from FEMA a letter of map amendment (LOMA) or a letter of map revision (LOMR) verifying that the area is not located within the Special Flood Hazard Area (100 year flood plain). Such changes shall be subject to applicable post - acknowledgement provisions of ORS 197.510 through 197.625. b. The County shall request that FEMA conduct a detailed flood elevation survey for the floodplain adjacent to the La Pine WC. &9. Agriculture District. a. The tract of land to the north of the core area that is used by the La Pine Special Sewer District for disposal and treatment of effluent shall be designated as Agriculture on the plan map and be zoned Sewer Treatment District, for sewer treatment and disposal. The uses allowed in the zoning district shall be limited to those that are consistent with Goal 3. Page 13 of 13 —EXHIBIT "A" TO ORDINANCE 2001-046 (10/10/2001) EXHIBIT "B" Page 1 of 5 — EXHIBIT `B" TO ORDINANCE 2001-046 (10/10/0 1) L Provide safe vehicular, bicycle, 23.36.052. La Pine Urban Unincorporated and pedestrian movement across Community Highway 97 in La Pine; *** 2. Reduce speeds on Highway 97 C. La Pine Urban Unincorporated Community through La Pine; Plan Policies. 3. Seek funding to design and 1. General. implement a four -lane section a. The La Pine UUC shall contain the with landscaped center median following planning areas: La Pine, between 1st and 6th streets. Neighborhood and Wickiup 4. Provide safe vehicular turning Junction. movements across oncoming b. Expansion of the boundary of the traffic in La Pine; Urban Unincorporated Community 5. Consider intersection (UUC) will require demonstration of realignments to provide safer a long-term need for housing and turning movements at odd - employment. Need shall be based angled intersections in La Pine; upon population growth estimates 6. Explore safer and more from a reputable forecast service convenient access, parking and (such as Portland State University). pedestrian circulation to Estimates shall be. coordinated with businesses fronting Highway 97; those for other cities and 7. Participate in an access communities in the County and shall management plan for La Pine; consider: 8. Support the extension of the 1. Plans to extend facilities and four -lane highway section north services to existing community and south of La Pine to enable land; and vehicle passing in advance of 2. The infill potential of existing reaching the community; land in the community. 9. Explore the potential of a future c. An expansion undertaken under this Highway 97 bypass around La policy, shall follow the requirements Pine. listed in OAR 660-22-040. b. Improvements to the public rights -of- d When reviewing individual site way shall conform to the design plans, buildings shall be sited so as to standards contained in Title 18, the protect significant trees wherever Deschutes County Zoning practicable. Ordinance. e. Site plan criteria shall require c. The County shall consider landscaping for all new commercial improvements to the following and industrial development. intersections to provide for improved f. Conditional use permits shall be traffic flow, and increased vehicular, required for fill and removal bicycle, and pedestrian safety: activities in designated wetlands. Huntington Road/lst Street; g. The County shall assist the d. The County shall consider community in reviewing reconfiguring the intersection of 6th incorporation alternatives. Street/Morson Street/Highway 2. Transportation. 97/Finley Butte Road to provide a. The County shall coordinate with the safer connections to the statehighway, Oregon Department of and a more viable Transportation to: intersection that may ultimately become signalized. e. The County will determine specific transportation -related improvements Page 1 of 5 — EXHIBIT `B" TO ORDINANCE 2001-046 (10/10/0 1) f. 9. h. 1. J k. in. EXHIBIT "B" to Huntington Road as commercial development/redevelopment occurs. Where new development requires the establishment of new streets, such streets shall connect to and extend the current grid street system. The County shall establish a safe, connected bicycle/pedestrian system throughout La Pine. The County shall pursue a countywide bicycle/pedestrian plan that provides connections to the La Pine UUC. The County shall explore the potential for scheduled fixed -route public transportation between La Pine/Wickiup Jct. and Bend. The County will ensure that adequate transportation facilities are provided between the La Pine and the Neighborhood Planning Areas as development occurs. Before phase one of the Neighborhood Planning Area is completed and prior to the start of phase two a traffic signal should be installed at the intersection of 1st Street and Highway 97. The County shall contribute a proportional share of the cost, based on the number of trips generated and distribution of trips to this intersection. Planning for bicycle and pedestrian traffic shall be incorporated in new street designs. The County shall work with the Oregon Department of Transportation to slow traffic to posted speeds, using a combination of enforcement and traffic calming techniques (extended curbs, landscaping, raised medians, etc.) along Highway 97 through the La Pine UUC. The County shall work with the Oregon Department of Transportation to adopt and implement consistent standards regarding left turn lanes, raised medians, driveway spacing, acceleration/deceleration lanes, turn refuges and means to enhance the local street network to handle local traffic and relieve congestion along Highway 97 within the La Pine Urban Unincorporated Community. n. Sidewalks shall be buffered from the streets with adequate landscaping, shoulders and/or on -street parking. o. Streets shall be designed to carry anticipated traffic volumes, and rights-of-way shall provide enough space for an adequate planting strip and sidewalks or bikeways. p. The County shall encourage truck traffic generated from the Industrial District to access the Highway 97 corridor via Reed Road. q. The County shall explore development of a Systems Development Charge (SDC) program for transportation facilities within the La Pine UUC. 3. Public facility and services. a. New development should locate in areas where facilities are available or can be provided at least cost. b. The La Pine Special Sewer District should annex all land within the UUC boundary. c. The County shall support the development, re -development and expansion of a single domestic water system maintained and operated by the La Pine Water District so that cumulative development will not result in public health hazards or adverse environmental impacts that violate state or federal water quality regulations. The La Pine Water District should annex all land within the UUC boundary. d. Consistent with Goal 11, the County shall support the development, re- development and expansion of the La Pine Special Sewer District's sewer system so that cumulative development will not result in public health hazards or adverse environmental impacts that violate state . or federal water quality regulations. Page 2 of 5 — EXHIBIT `B" TO ORDINANCE 2001-046 (10/10/01) EXHIBIT `B" e. The County site plan criteria shall require that all new developments include a drainage system that protects water quality. Alternative drainage options shall be allowed where shallow water table prohibits use of a drywell. f. The County shall encourage early planning and acquisition of sites for needed public facilities (e.g., fire stations, schools, parks, roads, etc.). g. The County shall cooperate with agencies and citizen's groups in improving water quality and the condition of the watershed. h. A large tract to the north of the La Pine core area that is used by the La Pine Sewer District for disposal and treatment of effluent shall be designated as Agriculture under Goal 3 on the plan. It shall be zoned for sewer treatment and disposal and the uses allowed in the zoning district shall be limited to those that are consistent with Goal 3. D. The La Pine planning area. 1. General. The La Pine Planning Area shall contain the following plan designations: Residential, Commercial, Industrial, Business Park, Park/Open Space, Agriculture and Community Facility. The following zone districts shall exist in the La Pine Planning Area: Residential, Commercial, Community Facility, Community Facility Limited, Flood Plain, Industrial and Sewer Treatment. A commercial overlay area shall be applied on the zoning map to that portion of the residential district designated as commercial on the comprehensive plan. 2. Residential district. a. The County shall encourage a diversity of housing options for community residents. b. All new residential subdivisions and partitions shall provide public, semipublic and/or private open space as part of the development, or fee in 3. lieu of land to the extent allowed by law. c. Areas designated residential on the comprehensive plan shall be zoned residential district on the zoning map. d. New subdivisions, cluster developments, and manufactured home parks shall be connected to a Department of Environmental Quality permitted community or municipal sewer system. Commercial district. a. The Commercial District shall be developed with small-scale, low - impact uses as defined under the Administrative Rule for Unincorporated Communities, OAR 660, Division 22. Small-scale, low impact commercial use is one that takes place in a building or buildings not exceeding 8,000 square feet of floor space. b. The Commercial District shall be developed with uses intended to serve the community and surrounding rural area or the travel needs of people passing through the area. The surrounding rural area includes the area south of La Pine State Park Road to the Klamath County line that is zoned Rural Residential, Forest and Exclusive Farm Use. See Figure 3. c. Buildings in the Commercial District shall be limited to thirty feet in height to retain the rural character of the area and preserve views of the mountains, unless an exception is allowed under zoning regulations. d. Community infrastructure, including sewer, water, streets, sidewalks and other transportation improvements identified in the Deschutes County Transportation System Plan shall be developed. e. Future commercial development shall be encouraged along Huntington Road. f. Future public uses should be located near the junction of Huntington Road Page 3 of 5 — EXHIBIT `B" TO ORDINANCE 2001-046 (10/10/01) U 5. EXHIBIT "B" and 1 st Street, close to where existing public uses including school, County, office, public, park and fire stations have already been developed. g. The County shall support transfer of federal and state land to private ownership within the Commercial District whenever feasible. h. Residential use in conjunction with commercial uses shall be encouraged. Land divisions for residential purposes shall not be allowed in the commercial district. i. Lands designated Commercial on the comprehensive plan that are not served by sewer, a municipal or community water system and abutted by roads constructed to County standards shall be given Residential zoning and be identified as Commercial Overlay on the zoning map. Notwithstanding and in place of the criteria set forth in DCC 18.136.030 regarding quasi-judicial zones changes, at such time as the sewer and water are in the street adjacent to the subject property and the road abutting the subject property is brought to County standards, a zone change for such lands shall, upon application to the County, be granted from Residential to Commercial. Such changes shall be subject to applicable post - acknowledgement provisions of ORS 197.510 through 197.625. (See Figure 5 for areas identified for future commercial expansion.) Community Facility Limited District. a. Land located west of Coach Road and north of I' Street shall be used for schools and their associated uses. Community Facility District. a. Land located between Huntington and Coach Roads shall be used for community and public uses identified in the design workshop conducted by LCAT in April 2000, or for other community/civic uses identified in a future public process. These uses include a senior center, performing arts center, community health center, community college education facilities and a swimming pool. 6. Industrial District. a. In order to maximize land available for industrial uses, new uses in the Industrial District that meet the criteria for an Oregon Department of Environmental Quality (DEQ) water pollution control facility (WPCF) permit, shall be required to connect to the La Pine Sewer Treatment Facility in lieu of obtaining a WPCF permit. b. New industrial uses shall be limited to those that will not exceed the capacity of water and sewer service available to the site on December 5, 1994, or, if such services are not available to the site, the capacity of the site itself to provide water and absorb sewage. c. Industrial development shall not degrade the quality of surface or groundwater. d. Siting criteria shall require adequate traffic circulation, off-street parking, and loading and service area. e. The community shall attempt to diversify its industrial base. f. Where the Industrial District abuts a residential district, special development standards relating to setbacks, screening, signs and building height shall be established. g. Industrial zoning shall protect industrial lands from incompatible commercial development. 7. Business Park District. 1. A variety of commercial and industrial uses which sup op rt the needs of the community and surrounding rural area. 2. Allow small-scale, low -impact commercial uses in conformance with the requirements of OAR Chapter 660, Division 22. Larger more intense commercial uses shall be permitted if they are intended to serve the Page 4 of 5 — EXHIBIT `B" TO ORDINANCE 2001-046 (10/10/0 1) EXHIBIT `B" community, the surrounding rural area and the travel needs of people passing through the area. 3. Small-scale, low -impact industrial uses should be allowed in conformance with the requirements of OAR Chanter 660, Division 22. No more intensive industrial uses shall be allowed. -78. Flood Plain District. a. The area within the boundaries of the La Pine UUC that is within the flood plain mapped by Flood Emergency Management Agency (FEMA) shall be given a plan designation of "Commercial" and shall be given a zoning designation of "Flood Plain District." Notwithstanding and in place of the criteria set forth in DCC 18.136.030 regarding quasi-judicial zones changes, the owner of such property may apply for and shall receive a zone change to Commercial at such time as the owner obtains from FEMA a letter of map amendment (LOMA) or a letter of map revision (LOMR) verifying that the area is not located within the Special Flood Hazard Area (100 year flood plain). Such changes shall be subject to applicable post - acknowledgement provisions of ORS 197.510 through 197.625. b. The County shall request that FEMA conduct a detailed flood elevation survey for the floodplain adjacent to the La Pine UUC. S9. Agriculture District. a. The tract of land to the north of the core area that is used by the La Pine Special Sewer District for disposal and treatment of effluent shall be designated as Agriculture on the plan map and be zoned Sewer Treatment District, for sewer treatment and disposal. The uses allowed in the zoning district shall be limited to those that are consistent with Goal 3. Page 5 of 5 — EXHIBIT `B" TO ORDINANCE 2001-046 (10/10/01)