HomeMy WebLinkAboutOrdinance 025 - Utility - Industrial - La PineDeschutes County Board of Commissioner;:
1300 NW Wall St., Suite 200, Bend, OR 97701 -196(
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.or.
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of November 30, 2009
Please see directions for completing this document on the next page.
DATE: November 24, 2009.
FROM: Kristen Maze. Community Development Department
383 -6701
TITLE OF AGENDA ITEM:
Consideration of second reading and adoption, by emergency, of Ordinance 2009 -025, amending
Deschutes County Code (DCC) 18.61.030 (C) (3) and (6) to allow utility facilities in the La Pine
Industrial District.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
This is a staff initiated text amendment that proposes to allow utility facilities with a conditional use
permit and site plan review to the existing La Pine Industrial District and address the maximum heig`.,it
of exhaust stacks. Currently, utility facilities are only permitted with a conditional use permit and site
plan review in the La Pine Commercial District. Following a recent request to the County Planning
Division by a private company to construct a biomass facility in La Pine it was revealed that the
industrial zone district in the area does not address utility facilities and therefore is not permitted.
The Planning Commission held a public hearing in La Pine on October 8, 2009 and recommended
approval of the proposed text amendment without any changes. This hearing was held jointly with tl
La Pine Planning Commission.
The Board conducted a public hearing and first reading of Ordinance 2009 -025 on November 9, 200!
for the text amendments.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Staff recommends the Board hold the second reading with changes and adopt by emergency and title
only Ordinance 2009 -025 to allow utlitiy facilities in the La Pine Industrial District.
ATTENDANCE: Kristen Maze
DISTRIBUTION OF DOCUMENTS:
Kristen Maze - CDD
Community Development Department
Planning Division Building Safety Division Environmental Healti Division
117 NW Lafayette Avenue Bend Oregon 977(1 -1925
(541)388 -6575 FAX (541)385 -1764
http: / /www.co.deschutes.or us /cdd/
Staff Report
TO: Deschutes Board of County Commissioners
FROM: Kristen Maze, Associate Planner
DATE: October 20, 2009
HEARING: November 30, 2009
SUBJECT: Text Amendment TA -09 -4: Deschutes County Code, Sections 18.61.030
(C) La Pine Area, Industrial District
The Deschutes Board of County Commissioners (Board) will hold a public hearing on November
9, 2009, at the Deschutes Service Center, Barnes and Sawyer room, starting at 10:00 a.m. The
Commissioners will consider a text amendment initiated by Deschutes County staff, to the
Deschutes County Code ( "DCC "), Sections 18.32.030 (C) La Pine Area, Industrial District. The
purpose of this public hearing is to listen to testimony, followed by discussion and consideration
of a first reading by title only of the proposed Ordinance 2009 -025.
BACKGROUND
The staff initiated this text amendment at the request of the Board of County Commissioners to
allow utility facilities with a conditional use permit and site plan review to the existing La Pine
Industrial District. Currently, utility facilities are only permitted with a conditional use permit and
site plan review in the La Pine Commercial District. Following a recent request to the County
Planning Division by a private company to construct a biomass facility in La Pine, it was
revealed that the industrial zone district in the area does not address utility facilities and
therefore is not permitted.
The Deschutes County Comprehensive Plan outlines the La Pine planning area industrial park. It
includes both public and privately owned industrial land. According to the 1979 comprehensive
plan water pollution issues have been ongoing in the La Pine area which resulted in the
construction of sewage treatment facility. All the land in the Industrial District is included in the La
Pine Special Sewer District. As of 1996, the sewer district had the capacity to serve the Industrial
District at build out. Because the Industrial District is in the sewer district it was anticipated that
new industrial uses would connect to the sewer. Staff verified with the La Pine Sewer District that
capacity is available at this time and utilities are installed. The current code addresses
requirements for connecting to the sewer treatment facility and obtaining Oregon Department of
Exhibit B to Ordinance 2009 -025
Quality Services Performed with Pride
Environmental Quality (DEQ) Water Pollution Control Facility (WPCF) permits. Although this text
amendment does not address any specific development, it will allow for additional industrial
development with the proposed utility facility use.
PROPOSED TEXT AMENDMENT
Staff proposes a text amendment that meets the needs and the intent of the La Pine Industrial
District. The proposed text amendment is outlined in the attached exhibit and is underlined for
new language and shown as strilcetla-rough for deleted language.
ANALYSIS
The proposed text amendment will allow the development of a utility facility in the La Pine
Industrial District. A utility facility by definition in the Deschutes County Code is:
"Utility facility' means any major structures, excluding hydroelectric facilities, owned or
operated by a public, private or cooperative electric, fuel, communications, sewage or water
company for the generation, transmission, distribution or processing of its products or for the
disposal of cooling water, waste or by- products, and including power transmission lines,
major trunk pipelines, power substations, telecommunications facilities, water towers,
sewage lagoons, sanitary landfills and similar facilities, but excluding local sewer, water,
gas, telephone and power distribution lines, and similar minor facilities allowed in any zone.
This definition shall not include wireless telecommunication facilities where such facilities are
listed as a separate use in a zone.
In addition to adding the utility facility use to the Industrial District, staff is proposing to include
text changes that address height limits for exhaust stacks within the Industrial District. Exhaust
stacks are regulated by the state DEQ and the federal Environmental Protection Agency (EPA).
There are specific formulas that are used to determine the stack height requirements. Typically
because of the great expense, the exhaust stacks are constructed to meet the specified height
requirement and no higher. All specific requirements will be addressed during the land use
process in the conditional use and site plan review application for a utility facility. The proposed
text allows that all industrial facility exhaust stacks meet the DEQ and EPA regulations for
height.
REVIEW CRITERIA AND FINDINGS
Deschutes County lacks specific criteria in DCC Titles 18 or 23 for reviewing a legislative zoning
text amendment. Therefore, the County must determine that the proposed text amendments are
consistent with the County Comprehensive Plan, Title 23. The following findings demonstrate
compliance with the County Cornprehensive Plan.
According to the Comprehensive Plan, La Pine residents for sometime have had a clear desire
to be independent and self- directed, which lead to their pursuit to be an incorporated city within
Deschutes County. Achieving that desire to be independent includes the ability for the area to
provide for economic development within the City of La Pine. This proposal would support
future development for utility facilities in the La Pine Industrial District, which would add to the
types of businesses that would provide economic opportunities in La Pine.
2
• This is a staff initiated text amendment to allow the addition for utility facilities in the La
Pine Industrial District zone subject to specific development provisions to DCC Sections
18.124 Site Plan Review and 18.128 Conditional Use.
Community Involvement goals and polices outlined in Chapter 1 of the Comprehensive plan for
a legislative action occurs through the proposed public hearing process with the Deschutes
County Planning Commission and Board of Commissioners. The Planning Commission will
hold a joint public hearing on October 8, 2009 in La Pine with the newly established La Pine
Planning Commission and will make a recommendation for the proposed text amendment. The
Board will hold a public hearing and first reading in late October or early November.
The Deschutes County Comprehensive Plan, Chapter 23 does not specifically address utility
facilities however, Energy goals 2 and 3 encourage land uses to maximize the conservation of
all forms of energy and the promotion of adequate local energy supplies. Both of these goals
support the proposed text amendment because it would promote a facility that could allow the
development of local energy supplies and allow the placement of a facility that would take
advantage of the local forest resources that are abundant in Central Oregon, specifically the La
Pine area. In addition to these goals, there is an energy policy that charges the County with the
review and promotion for the development and use of local alternative energy sources in order
to prepare for the potential future shortages and reduce the outflow of local dollars to buy
energy.
Deschutes County has established a process and policy framework to assure that decisions
rendered by the County on land use applications have an adequate factual basis. No
exceptions to the Statewide Planning Goals are requested with this application. No statewide
goal exceptions are necessary because the area where this use will be allowed is already zoned
for industrial uses, the proposed amendment provides for an additional type of industrial use.
The Comprehensive Plan economy goals in Chapter 3 of the Comprehensive Plan promote
diversifying and improvement of the local economy as well as enhancing and maintaining the
commercial and industrial segments of the local economy. This text amendment proposal will
promote local jobs to the La Pine area and could enhance other economic aspect such as
housing and service establishments associate with the La Pine area as a result of future
industrial development.
The proposed text amendments will have no effect on the transportation system because there
are no new roads being proposed with this amendment and such facilities are unlikely to
generate much in terms of additional employee traffic given the size of the parcels in the
industrial zone. Thus, these facilities are unlikely to burden existing transportation facilities and
use that can be expected to add 50 or more vehicle trips per day will be required under the
County Code to provide a traffic impact study and mitigate traffic impacts. The text amendment
would promote the transportation goals addressed in Chapter 3 of the Comprehensive Plan.
The development of an additional industrial use could reduce the need for travel to and from the
other urban and industrial areas by providing a local work source. This also could promote the
conservation of energy if travel time to and from the work source is reduced.
RECOMMENDATIONS
A joint public hearing was held by the Deschutes County Planning Commission and the La Pine
Planning Commission in La Pine on October 8, 2009. Both Commissions' voted unanimously in
favor of the proposed text amendment with no changes.
3
Staff recommends that the Board;
1. Listen to public testimony, discuss the applicant proposed text amendments and hold
the first reading by title only with an emergency clause of Ordinance 2009 -025.
Attachments:
1. Text Amendment
2. October 6, 2009 Oregon Business Development Dept. letter
3. October 9, 2009 LD Jellison, Inc. e-mail
4
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending the Deschutes County Code
Sections 18.61.030 (C) (3) and (6) to Allow Utility
Facilities in the La Pine Industrial District and
Declaring an Emergency.
ORDINANCE NO. 2009 -025
WHEREAS, the Deschutes County Board of County Commissioners (Board) requested that ?he
Planning Division staff initiate text amendments to Title 18 to add utility facility to the La Pine Industrial
District and address exhaust stack heights requirements for industrial facilities, and
WHEREAS after notice was given in accordance with applicable law, a public hearing was held on
October 8, 2009 before the Deschutes County Planning Commission which recommended approval of the zoned
change to Title 18; and
WHEREAS after notice was given in accordance with applicable law, the Board considered this mater
after a public hearing on November 9, 2009 and concluded that the public will benefit from changes to the land
use regulations; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Sections, 18.61.030, is amended to read as described in Exhibit "A,"
attached hereto and by this reference incorporated herein, with new language underlined and language to De
deleted in strip.
///
PAGE 1 OF 2 - ORDINANCE NO. 2009-025 (11/30/09)
Section 2. FINDINGS. The Board adopts as it findings in support of this decision, the Staff Report attached a
Exhibit "B" attached hereto and by this reference incorporated herein.
Section 3. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace
health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
Dated this of , 2009 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
TAMMY BANEY, CHAIR
DENNIS LUKE, VICE CHAIR
Recording Secretary ALAN UNGER, COMMISSIONER
Date of 1st Reading: day of , 2009.
Date of 2nd Reading: day of , 2009.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tammy Baney
Dennis R. Luke
Alan Unger
Effective date: day of , 2009.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2009-025 (11/30/09)
Chapter 18.61. URBAN UNINCORPORATED COMMUNITY ZONE - LA PINE
18.61.010. Purpose.
18.61.020. Standards for All Districts.
18.61.030. La Pine Planning Area.
18.61.040. Wickiup Junction Planning Area.
18.61.050. Neighborhood Planning Area.
18.61.010. Purpose.
The purpose of the Urban Unincorporated Community (UUC) Zone — La Pine is to provide standards and
review procedures for the future development of the urban unincorporated community of La Pine. The La
Pine UUC includes three separate planning areas, La Pine, Wickiup Junction and Neighborhood, each with
its own zoning districts, with allowed uses and distinct regulations, as further set forth in DCC 18.61.
(Ord. 2000 -015 §2, 2000; Ord. 96 -003 §1, 1996)
18.61.020. Standards in All Districts.
A. Solar Setback. The setback from the north lot line shall meet the solar setback requirements in DCC
18.116.180, excepting lots less than 10,000 square feet in size, or under 80 -feet average width, as
defined by DCC 17.08.030 "lot width," and located in the Neighborhood Planning Area of the Urban
Unincorporated Community — La Pine.
B. Stream Setback. To permit better light, air, vision, stream or pollution control, protect fish and wildlife
areas and to preserve the natural scenic amenities and vistas along the streams and lakes the following
setback shall apply:
1. All sewage disposal installations, such as septic tanks and septic drain fields, shall be set back from
the ordinary high water mark along all streams or lakes a minimum of 100 feet, measured at right
angles to the ordinary high water mark. In those cases where practical difficulties preclude the
location of the facilities at a distance of 100 feet and the County Sanitarian finds that a closer
location will not endanger health, the Planning Director or Hearings Body may permit the location
of these facilities closer to the stream or lake, but in no case closer than 25 feet.
2. All structures, buildings and similar permanent fixtures shall be set back from the ordinary high
water mark along all streams or lakes a minimum of 100 feet measured at right angles to the
ordinary high water mark.
C. Building Code Setbacks. In addition to the setbacks set forth herein, any greater setbacks required by
applicable building or structural codes adopted by the State of Oregon and/or the County under DCC
15.04 shall be met.
D. Off - Street Parking and Loading. Off - street parking and loading shall be provided subject to the
provisions of DCC 18.116, Supplementary Provisions.
E. Outdoor Lighting. All outdoor lighting shall be installed in conformance with DCC 15.10 providing
outdoor lighting control.
(Ord. 2006 -035 §1, 2006; Ord. 2000 -015 §2, 2000; Ord. 96 -003 §1, 1996)
18.61.030. La Pine Planning Area.
The La Pine Planning Area is composed of eight zoning districts, each with its own set of allowed uses and
regulations, as further set forth in DCC 18.61.030.
A. La Pine Residential District.
1. Uses Permitted Outright. The following uses and their accessory uses are permitted outright:
Page 1 of 23 — Exhibit "A: to Ordinance 2009 -025
Chapter 18.61 (11/30/2009
a. Single - family dwelling.
b. Manufactured home subject to DCC 18.116.070.
c. Two - family dwelling or duplex.
d. Agricultural use as defined in DCC Title 18, subject to the following limitations:
1. Cows, horses, goats or sheep shall not be kept on lots having an area less than 20,000
square feet. The total number of all such animals over the age of six months shall be
limited to the square footage of the lot divided by 20,000.
2. The number of chickens, fowl or rabbits over the age of six months shall not exceed one for
each 500 square feet of land.
e. Class II road or street project subject to approval as part of a land partition, subdivision or
subject to the standards and criteria established by DCC 18.116.230.
f. Class III road and street project.
g. Excavation, grading or fill and removal activities involved in creation of a wetland in areas not
requiring a conditional use permit for fill or removal.
h. Forest operation and forest practice including, but not limited to, reforestation of forest land,
road construction and maintenance, harvesting of a forest tree species, application of chemicals
and disposal of slash.
2. Conditional Uses Permitted. The following uses may be allowed 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. Multi- family dwelling with three or more units.
b. Park, playground and community building.
c. Utility facility, except landfill.
d. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a
wetland.
e. Home occupation.
f. Church.
g. School.
h. Manufactured home park.
i. Multi - family dwelling complex.
j. Cluster development.
k. Nursery school, kindergarten and day care facility.
1. Nursing home.
m. Public use.
n. Residential care facility for more than 15 people.
o. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
3. Lot Sizes.
a. Partitions:
1. Parcels served by an approved community, municipal or public water system and an
approved community or public sewage system shall have a minimum width of 50 feet and a
minimum area of 5,000 square feet.
2. Parcels served by an approved community, non - community, municipal or public water
system, but not by sewer, shall have a minimum width of 100 feet and a minimum area of
22,000 square feet.
3. Parcels not served by either an approved community, municipal or public water system or
an approved community or public sewage system shall have a minimum width of 150 feet
with a minimum area of one acre. In addition, all lots must meet Oregon Department of
Environmental Quality (DEQ) on -site sewage disposal rules.
Page 2 of 23 — Exhibit "A: to Ordinance 2009 -025
Chapter 18.61 (11/30/2009
b. Subdivisions: For subdivisions, cluster developments or manufactured home parks, the
following standards shall apply:
1. All new lots shall be connected to a DEQ permitted community or municipal sewer system.
2. Minimum lot size for a residential subdivision shall be 5,000 square feet. Maximum
residential lot size for a subdivision shall be 15,000 square feet.
4. Dimensional Standards. The following dimensional standards shall apply:
a. Lot Coverage. The main building and accessory buildings located on any building site or lot
shall not cover more than 35 percent of the total lot area.
b. Building Height. No building or structure shall be erected or enlarged to exceed 30 feet in
height, except as approved under DCC 18.120.040.
5. Yard and Setback Requirements.
a. Front Yard. The minimum front yard shall be 20 feet, or 10 feet if a garage or carport is located
a minimum of 20 feet from the front property line, and the lot fronts on a public or private
street.
b. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards shall
be a minimum of 15 feet. A street side yard shall be a minimum of 10 feet. A parcel or lot with
a side yard adjacent to zoned forest land shall have a minimum side yard of 100 feet.
c. Rear Yard. The minimum rear yard shall be 10 feet, or 5 feet if there is vehicular access to the
rear property line. A parcel or lot with a rear yard adjacent to zoned forest land shall have a
minimum rear yard of 100 feet.
B. La Pine Commercial District.
1. Uses Permitted Outright. The following uses and their accessory uses are permitted outright:
a. Single - family dwelling on a lot existing on March 27, 1996.
b. Manufactured home, on a lot existing on March 27, 1996, subject to DCC 18.116.070.
c. Class I and II road or street project subject to approval as part of a land partition, subdivision or
subject to the standards and criteria established by DCC 18.116.230.
d. Class III road and street project.
e. Excavation, grading or fill and removal activities involved in creation of a wetland in areas not
requiring a conditional use permit for fill or removal.
2. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are
permitted subject to the applicable provisions of DCC 18.61, DCC 18.116, Supplementary
Provisions and DCC 18.124, Site Plan Review:
a. Park, playground and community building.
b. Public use.
c. A building or buildings not exceeding 8,000 square feet of floor space housing any combination
of:
1. Retail store, office and service establishment.
2. Residential use in the same building as a permitted use.
3. Art studio in conjunction with retail sales.
4. Medical clinic.
5. Automobile service station.
6. Car wash.
7. Day care facility.
8. Restaurant and cocktail lounge.
9. Club and fraternal lodge.
10. Automobile and trailer sales.
11. Uses accessory to the uses identified in DCC 18.61.030.
d. Any of the uses allowed under DCC 18.61.030(B)(2)(c) housed in a building or buildings
exceeding 8,000 square feet, subject to the provisions of DCC 18.61.030(B)(4).
Page 3 of 23 — Exhibit "A: to Ordinance 2009 -025
Chapter 18.61 (11/30/2009
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. Multi- family dwelling on a lot existing on March 27, 1996.
b. Tourist and travelers' accommodation of up to 100 units, provided the use is served by a
community water system as that term is defined in OAR 660 -22- 010(2).
c. Manufactured home park and travel trailer park.
d.
e.
f.
Church.
School.
Excavation, grading and fill and removal within the bed and banks of a stream or river or
wetland, subject to DCC 18.120.050 and 18.128.270.
g. Water supply and treatment facility.
h. Utility facility, except landfill.
i. Television and radio station with or without a transmitter tower.
j. Nursing home.
k. Residential care facility for more than 15 people.
1. A building or buildings not exceeding 8,000 square feet of floor space housing any combination
of:
1.
2
3
4.
5.
6.
Any of the uses allowed under DCC 18.61.030(B)(3)(1) housed
exceeding 8,000 square feet subject to the provisions of DCC 18.61.030(B)(4).
Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
4. Special Requirements for Large Scale Uses. Any of the uses listed in DCC 18.61.030(B)(2)(d) and
18.61.030(B)(3)(m) may be allowed in a building or buildings exceeding 8,000 square feet of floor
space if the Planning Director or Hearings Body finds:
a. That the intended customers for the proposed use will come from the community and
surrounding rural area, or the use will meet the travel needs of the people passing through the
area;
The use will primarily employ a work force from the
and
That it is not practical to locate the use in a building
floor space.
For the purposes of DCC 18.61.030, the surrounding rural area shall be that area identified in the
map depicted as Figure 5 in the La Pine Urban Unincorporated Community section of the
Comprehensive Plan.
5. Lot Size and Dimensional Standards.
a. Lot Size. New commercial lots shall be served by an approved community or public sewage
system and shall have a minimum width of 50 feet and a minimum area of 5,000 square feet.
Lot Coverage. No requirements.
Building Height. No building or structure shall be erected or enlarged to exceed 30 feet in
height, except as approved under DCC 18.120.040.
6. Yard and Setback Requirements.
in a
m.
n.
Veterinary clinic including enclosed kennel.
Automobile repair garage.
Commercial amusement and recreation establishment.
Shopping complex subject to a master plan.
Mini- storage facility.
Uses accessory to the uses identified in DCC 18.61.030.
in a building or
buildings
b.
c.
community and surrounding rural area;
or buildings under 8,000 square feet of
b.
c.
Page 4 of 23 — Exhibit "A: to Ordinance 2009 -025
Chapter 18.61 (11/30/2009
a. Front Yard. The front yard shall be no more than 15 feet, except as otherwise allowed by DCC
18.124.070(D)(3) and except when abutting a lot in a Residential District, in which case the
front yard shall be the front yard required in the abutting Residential District. All buildings
shall be set at the front yard setback line.
b. Side Yard. None required, except when a parcel or lot with a side yard adjacent to zoned forest
land shall have a minimum side yard of 100 feet.
c. Rear Yard. None required, except when abutting a yard in a Residential District, and then the
rear yard shall be a minimum of 20 feet. A parcel or lot with a rear yard adjacent to zoned
forest land shall have a minimum rear yard of 100 feet.
C. La Pine Industrial District.
1. Uses Permitted Outright. The following uses and their accessory uses are permitted outright:
a. Agricultural use as defined in DCC Title 18.
b. Excavation, grading or fill and removal activities involved in creation of a wetland in areas not
requiring a conditional use permit for fill or removal.
c. Class I and II road or street project subject to approval as part of a land partition, subdivision or
subject to the standards and criteria established by DCC 18.116.230.
d. Class III road or street project.
e. Forest operation and forest practice including, but not limited to, reforestation of forest land,
road construction and maintenance, harvesting of a forest tree species, application of chemicals
and disposal of slash.
2. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are
permitted subject to DCC 18.61.030(C)(4)(c)(2) and other applicable provisions of DCC 18.61 and
DCC 18.116, Supplementary Provisions, and DCC 18.124, Site Plan Review:
a. Expansion of a valid use existing on December 5, 1994.
b. Public use compatible with industrial uses.
c. Uses that require proximity to rural resources, as defined in OAR 660- 04- 022(3)(a).
d. Scientific research or experimental development of materials, methods or products, including
engineering and laboratory research.
e. Light manufacturing, assembly, fabricating or packaging and wholesale distribution.
f. Cold storage plant, including storage and office.
g. Kennel or veterinary clinic operated entirely within an enclosed building.
h. Processing use such as bottling plant, creamery, laboratory, blueprinting and photocopying,
laundry, carpet and rug cleaning plant, cleaning and dyeing plant and tire retreading, recapping
and rebuilding.
i. Contractor's equipment storage or sale yard, house mover, delivery vehicles, transit storage,
trucking terminal and used equipment in operable condition.
j. Manufacture of concrete products and ceramic products using only previously comminuted raw
materials.
k. All types of automobile, motorcycle, boat, trailer and truck sales, service, repair, storage and
rental.
1. Retail or combination retail/wholesale lumber and building materials yard, not including
concrete mixing.
m. Manufactured home sales and service.
n. Plant nursery and greenhouse.
3. Conditional Uses Permitted. The following uses may be allowed subject to the applicable
provisions of DCC 18.61 and DCC 18.124, Site Plan Review, and DCC 18.128, Conditional Use:
a. Mini - storage facility.
b. Hydroelectric facility, subject to DCC 18.116.130 and 18.128.260.
c. Asphalt plant.
Page 5 of 23 — Exhibit "A: to Ordinance 2009 -025
Chapter 18.61 (11/30/2009
d. Lumber manufacturing and wood processing including pulp and paper manufacturing.
e. Electrical substation.
f. Concrete, asphalt and ready -mix plant.
g. Petroleum products storage and distribution.
h. Storage, crushing and processing of minerals, including the processing of aggregate into
asphaltic concrete or Portland cement concrete.
i. Commercial feedlot, stockyard, sales yard, slaughterhouse and rendering plant.
j. Railroad track, freight depot and related facilities.
k. Agricultural products storage and processing plant.
1. Transfer station.
m. Automotive wrecking yard totally enclosed by a sight - obscuring fence.
n. Any use permitted by DCC 18.61.030(C)(2) that is expected to:
1. Require lot coverage in excess of 70 percent;
2. Require more than one acre of land; or
3. Generate any odor, dust, fumes, glare, flashing lights or noise that would be perceptible
without instruments 500 feet from the property line of the subject use.
o. Service commercial use, such as office, restaurant, cafe, refreshment stand, bar and tavern,
whose primary purposes is to serve industrial uses in the surrounding area, provided that such
use is allowed as part of an Industrial Park Master Plan.
p. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
q. Utility facilities
4. Use Limits. The following limitations and standards shall apply to uses listed in DCC
18.61.030(C)(2) and (3):
a. Sewer and Water Requirements:
1. New uses that require DEQ Water Pollution Control Facility (WPCF) permits shall be
required to connect to the La Pine Sewer Treatment Facility in lieu of obtaining a WPCF
permit.
2. Uses that do not require a WPCF permit shall demonstrate the ability to obtain approval for
an on -site sewage disposal system either before approval of the land use permit or as a
condition of permit approval.
3. If a use requires more than 5,000 gallons of water per day, an application shall be made to
the Oregon Water Resources Department for a water rights permit or the use must be
connected to a municipal, community or public water system.
b. Compatibility:
1. A use that requires a lot area exceeding 9,000 square feet shall not be permitted to locate
adjacent to a lot in a residential district.
2. A use expected to generate more than 30 truck trailer or other heavy equipment trips per
day to and from the subject property shall not be permitted to locate on a lot adjacent to or
across a street from a lot in a residential district.
3. Any use on a lot adjacent to or across the street from a lot in a residential district shall not
emit odor, dust, fumes, glare, flashing lights, noise or similar disturbances perceptible
without instruments more than 200 feet in the direction of the affected residential use or lot.
4. Storage, loading and parking areas for uses permitted by DCC 18.61.030(C)(2) and (3)
shall be screened from residential zones.
5. No use requiring air contaminant discharge permits shall be approved by the Planning
Director or Hearings Body prior to review by the applicable state or federal permit
reviewing authority, nor shall such uses be permitted adjacent to or across a street from a
residential lot.
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Chapter 18.61 (11/30/2009
6. A property hosting a service commercial use shall be subject to a waiver of remonstrance
recorded in the Deschutes County Book of Records declaring that the operator and his or
her successors will not now or in the future file a complaint aimed at curtailing industrial
activities on adjacent properties conducted in conformance with DCC 18.61.
c. Traffic /Parking.
1. A use that generates more than 20 auto or truck trips during the busiest hour of the day to
and from the premises shall be served directly by an arterial or collector.
2. An applicant must demonstrate that affected transportation facilities are adequate to serve
the proposed use, considering the functional classification, capacity and the level of service
of such facilities.
3. All parking demand created by any use permitted by DCC 18.61.030(C) shall be
accommodated on the applicant's premises entirely off - street.
4. There shall be only one ingress and one egress from properties accommodating uses
covered by DCC 18.61.030(C) per each 300 feet or fraction thereof of street frontage. If
necessary to meet this requirement, uses shall provide for shared ingress and egress.
d. Requirements for Large Scale Uses. Any industrial use listed in DCC 18.61.030(C)(2) and (3)
may be allowed in a building or buildings exceeding 20,000 square feet of floor space if the
Planning Director or Hearings Body fords:
1. That such uses are necessary to provide employment that does not exceed the total
projected work force within the community and the surrounding rural area;
2. That such uses would not rely upon a work force served by uses within urban growth
boundaries; and
3. That the determination of the work force of the community and surrounding rural area
considers the total industrial and commercial employment in the community and is
coordinated with employment projections for nearby urban growth boundaries.
5. Additional Requirements. As a condition of approval of any use proposed, the Planning Director or
Hearings Body may require:
a. An increase in required setbacks.
b. Additional off - street parking and loading facilities.
c. Limitations on signs or lighting, hours of operation and points of ingress and egress.
d. Additional landscaping, screening and other improvements.
6. Dimensional Standards. The following dimensional standards shall apply:
a. Minimum Lot Size. The minimum lot size shall be determined subject to the provisions of
DCC 18.61.030(C) concerning setback requirements, off - street parking and loading.
b. Lot Coverage. Notwithstanding DCC 18.61.030(C)(3)(n), a use permitted by DCC
18.61.030(C) is located adjacent to or across the street from a lot in a residential district shall
not exceed 70 percent lot coverage by all buildings, storage areas or facilities and required off -
street parking and loading area.
c. Setbacks.
1. The minimum building setback between a non - railroad related structure and a street, road
or railroad right of way line shall be 50 feet unless a greater setback is required for
compliance with Comprehensive Plan policies.
2. The minimum setback between a structure and a property line adjoining a residential
district shall be 50 feet.
3. The minimum setback between a structure and an existing use shall be three feet from the
property line and at least six feet from a structure on the adjoining property.
d. Building Heights. The maximum building height for any structure shall be 30 feet on any lot
adjacent to a residential district and 45 feet on any lot not adjacent to a residential district or that
is separated from a residential district by a street or road. However, if a building on a lot
Page 7 of 23 — Exhibit "A: to Ordinance 2009 -025
Chapter 18.61 (11/30/2009
N44 "sA-4)
adjacent to a residential district, but not separated by a street or road, is set back 100 feet or
more from the residential district, the maximum height shall be 45 feet.
e Utili facility exhaust stacks shall meet the DE Q air quality permit requirements, and shall not
exceed a maximum of 100 feet.
e£ Minimum Lot Frontage. The minimum lot frontage shall be 50 feet.
€1;. Side Yard. None required, except when a parcel or lot with a side yard adjacent to zoned forest
land shall have a minimum side yard of 100 feet.
gh. Rear Yard. None required, except when abutting a yard in a Residential District, and then the
rear yard shall be a minimum of 20 feet. A parcel or lot with a rear yard adjacent to zoned
forest land shall have a minimum rear yard of 100 feet.
D. La Pine Business Park District.
1. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are
permitted subject to the applicable provisions of DCC 18.61 and 18.116, Supplementary Provisions,
and DCC 18.124, Site Plan Review:
a. Commercial use, as defined in DCC 18.04, in a building or buildings each not exceeding 8,000
square feet of floor space.
b. Industrial use, as defined in DCC 18.04, in a building or buildings not exceeding 20,000 square
feet of floor space.
2. Conditional Uses Permitted. Notwithstanding the uses allowed under DCC 18.61.030(D)(1), the
following uses may be allowed subject to the applicable provisions of DCC 18.61 and DCC 18.124,
Site Plan Review, and DCC 18.128, Conditional Use:
a. Mini - storage facility.
b. Processing use such as bottling plant, creamery, laboratory, blueprinting and photocopying,
laundry, carpet and rug cleaning plant, cleaning and dyeing plant and tire retreading, recapping
and rebuilding.
c. Contractor's equipment storage or sale yard, house mover, delivery vehicles, transit storage,
trucking terminal and used equipment in operable condition.
d. Manufacture of concrete products and ceramic products using only previously comminuted raw
materials.
e. Manufactured home sales and service.
f. Lumber manufacturing and wood processing.
g. Electrical substation.
h. Agricultural products storage and processing plant.
i. Any use permitted by DCC 18.61.030(D) that is expected to:
1. Require lot coverage in excess of 70 percent;
2. Require more than one acre of land; or
3. Generate any odor, dust, fumes, glare, flashing lights or noise that would be perceptible
without instruments 500 feet from the property line of the subject use.
j. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
3. Additional Requirements for Large Scale Uses. A commercial use in the Business Park District
may be allowed in a building or buildings exceeding 8,000 square feet of floor space if the Planning
Director or Hearings Body finds:
a. That the intended customers for the proposed use will come from the community and
surrounding rural area, or the use will meet the travel needs of the people passing through the
area, for the 'purposes of DCC 18.61.030(D), the surrounding rural area shall be that area
identified in the map depicted as Figure 5 in the La Pine Urban Unincorporated Community
section of the Comprehensive Plan;
Page 8 of 23 — Exhibit "A: to Ordinance 2009 -025
Chapter 18.6] (11/30/2009
6kf'ou-uZe, 6"rit
adjacent to a residential district, but not separated by a street or road, is set back 100 feet or
more from the residential district, the maximum height shall be 45 feet.
e. Utility facility exhaust stacks shall meet the DEQ air quality permit requirements but shall not
exceed the DEQ permit minimum height requirements or 100 feet in height, whichever is less.
ef. Minimum Lot Frontage. The minimum lot frontage shall be 50 feet.
fg. Side Yard. None required, except when a parcel or lot with a side yard adjacent to zoned forest
land shall have a minimum side yard of 100 feet.
gh. Rear Yard. None required, except when abutting a yard in a Residential District, and then the
rear yard shall be a minimum of 20 feet. A parcel or lot with a rear yard adjacent to zoned
forest land shall have a minimum rear yard of 100 feet.
D. La Pine Business Park District.
1. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are
permitted subject to the applicable provisions of DCC 18.61 and 18.116, Supplementary Provisions,
and DCC 18.124, Site Plan Review:
a. Commercial use, as defined in DCC 18.04, in a building or buildings each not exceeding 8,000
square feet of floor space.
b. Industrial use, as defined in DCC 18.04, in a building or buildings not exceeding 20,000 square
feet of floor space.
2. Conditional Uses Permitted. Notwithstanding the uses allowed under DCC 18.61.030(D)(1), the
following uses may be allowed subject to the applicable provisions of DCC 18.61 and DCC 18.124,
Site Plan Review, and DCC 18.128, Conditional Use:
a. Mini- storage facility.
b. Processing use such as bottling plant, creamery, laboratory, blueprinting and photocopying.
laundry, carpet and rug cleaning plant, cleaning and dyeing plant and tire retreading, recapping
and rebuilding.
c. Contractor's equipment storage or sale yard, house mover, delivery vehicles, transit storage,
trucking terminal and used equipment in operable condition.
d. Manufacture of concrete products and ceramic products using only previously comminuted raw
materials.
e. Manufactured home sales and service.
f. Lumber manufacturing and wood processing.
g. Electrical substation.
h. Agricultural products storage and processing plant.
i. Any use permitted by DCC 18.61.030(D) that is expected to:
1. Require lot coverage in excess of 70 percent;
2. Require more than one acre of land; or
3. Generate any odor, dust, fumes, glare, flashing lights or noise that would be perceptib] e
without instruments 500 feet from the property line of the subject use.
j. Wireless telecommunications facilities, except those facilities meeting the requirements of DC
18.116.250(A) or (B).
3. Additional Requirements for Large Scale Uses. A commercial use in the Business Park Distri ct
may be allowed in a building or buildings exceeding 8,000 square feet of floor space if the Planning
Director or Hearings Body finds:
a. That the intended customers for the proposed use will come from the community ai d
surrounding rural area, or the use will meet the travel needs of the people passing through t] �e
area, for the purposes of DCC 18.61.030(D), the surrounding rural area shall be that ar -a
identified in the map depicted as Figure 5 in the La Pine Urban Unincorporated Communi y
section of the Comprehensive Plan;
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Chapter 18.61 (11/30/2009
b. The use will primarily employ a work force from the community and surrounding rural area;
and
c. That it is not practical to locate the use in a building or buildings under 8,000 square feet of
floor space.
4. Use Limits. The following limitations and standards shall apply to all uses:
a. Sewer and Water Requirements:
1. New uses shall be required to connect to the La Pine Sewer Treatment Facility.
2. New uses must be connected to a municipal, community or public water system.
b. Compatibility:
1. A use that requires a lot area exceeding 9,000 square feet shall not be permitted to locate
adjacent to a lot in a residential district.
2. A use expected to generate more than 30 truck- trailer or other heavy equipment trips per
day to and from the subject property shall not be permitted to locate on a lot adjacent to or
across a street from a lot in a residential district.
3. Any use on a lot adjacent to or across the street from a lot in a residential district shall not
emit odor, dust, fumes, glare, flashing lights, noise, or similar disturbances perceptible
without instruments more than 200 feet in the direction of the affected residential use or lot.
4. Storage, loading and parking areas for all uses shall be screened from residential zones.
5. No use requiring air contaminant discharge permits shall be approved by the Planning
Director or Hearings Body prior to review by the applicable state or federal permit
reviewing authority, nor shall such uses be permitted adjacent to or across a street from a
residential lot.
6. A property hosting a service commercial use shall be subject to a waiver of remonstrance
recorded in the Deschutes County Book of Records declaring that the operator and his or
her successors will not now or in the future file a complaint aimed at curtailing industrial
activities on adjacent properties conducted in conformance with DCC 18.61.
c. Traffic/Parking
1. A use that generates more than 20 auto or truck trips during the busiest hour of the day to
and from the premises shall be served directly by an arterial or collector.
2. An applicant must demonstrate that affected transportation facilities are adequate to serve
the proposed use, considering the functional classification, capacity and the level of service
of such facilities.
3. All parking demand created by any use permitted by DCC 18.61.030(D) shall be
accommodated on the applicant's premises entirely off - street.
4. Parking may be allowed within the front yard building setback area except that no parking
shall be allowed within 10 feet of any street.
5. There shall be only one ingress and one egress from properties accommodating uses
permitted by DCC 18.61.030(D) per each 300 feet or fraction thereof of street frontage. If
necessary to meet this requirement, uses shall provide for shared ingress and egress.
5. Additional Requirements. As a condition of approval of any use proposed, the Planning Director or
Hearings Body may require:
a. An increase in required setbacks.
b. Additional off - street parking and loading facilities.
c. Limitations on signs or lighting, hours of operation and points of ingress and egress.
d. Additional landscaping, screening and other improvements.
6. Dimensional Standards. The following dimensional standards shall apply:
a. Minimum Lot Size. The minimum lot size shall be determined subject to the provisions of
DCC 18.61.030(D) concerning setback requirements, off - street parking and loading.
b. Minimum Lot Frontage. The minimum lot frontage shall be 50 feet.
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Chapter 18.61 (11/30/2009
c. Lot Coverage. A use permitted by DCC 18.61.030(D), which is located adjacent to or across
the street from a lot in a residential district shall not exceed 70 percent lot coverage by all
buildings, storage areas or facilities and required off - street parking and loading area.
7. Setbacks.
a. Front Yard. The minimum setback between a building and the street that provides ingress and
egress to that building shall be 30 feet unless a greater setback is required for compliance with
Comprehensive Plan policies.
b. Side Yard. None required, a structure and a property line adjoining a street shall be 10 feet.
c. Rear Yard. None required, except the minimum setback between a structure and a property line
adjoining a street or a residential district shall be 20 feet. A parcel or lot with a rear yard
adjacent to zoned forestland shall have a minimum rear yard of 100 feet.
d. The minimum setback between a structure and an existing use shall be three feet from the
property line and six feet from a structure on the adjoining property.
8. Building Height. The maximum building height for any structure shall be 30 feet on any lot
adjacent to a residential district and 45 feet on any lot not adjacent to a residential district or that is
separated from a residential district by a street or road. However, if a building on a lot adjacent to a
residential district, but not separated by a street or road, is set back 100 feet or more from the
residential district, the maximum height shall be 45 feet.
E. La Pine Sewer Treatment District.
1. Uses Permitted Outright. The following uses and their accessory uses are permitted outright:
a. Any use that is allowed by ORS 215.283(1), including utility facility necessary for public
service, except commercial facilities for the purpose of generating power for public use by sale
and transmission towers over 200 feet in height.
2. Conditional Uses Permitted. The following uses may be allowed 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 and DCC 18.16.040(A):
a. Parks, playground or community centers owned and operated by a governmental agency or a
nonprofit community organization.
3. Dimensional Standards. The following dimensional standards shall apply:
a. Lot Coverage. No requirements.
b. Building Height. No building or structure shall be erected or enlarged to exceed 30 feet in
height, except as approved under DCC 18.120.040.
4. Yard and Setback Requirements.
a. Front Yard. The minimum front yard shall be 20 feet.
b. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards shall
be a minimum of 15 feet.
c. Rear Yard. The minimum rear yard shall be 20 feet.
F. La Pine Flood Plain District. All uses proposed within this district shall be subject to the provisions in
DCC 18.96, Flood Plain Zone.
G. La Pine Community Facility District.
1. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are
permitted subject to the applicable provisions of DCC 18.61, DCC 18.116, Supplementary
Provisions and DCC 18.124, Site Plan Review:
a. Performing arts center.
b. Swimming pool.
c. Community center.
d. Public use.
e. School.
f. Theater.
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Chapter 18.61 (11/30/2009
2. Yard and Setback Requirements.
a. Front Yard. The front yard shall be no more than 15 feet, except as otherwise allowed by DCC
18.124.070(D)(2) and except when abutting a lot in a Residential District, in which case the
front yard shall be the front yard required in the abutting Residential District. All buildings
shall be set at the front yard setback line. A parcel or lot with a front yard adjacent to zoned
forest land shall have a minimum front yard of 100 feet.
b. Side Yard. None required, except when abutting a lot in a Residential District in which case the
side yard shall be the side yard required in the abutting Residential District. A parcel or lot with
a side yard adjacent to zoned forest land shall have a minimum side yard of 100 feet.
c. Rear Yard. None required, except when abutting a yard in a Residential District, and then the
rear yard shall be a minimum of 20 feet. A parcel or lot with a rear yard adjacent to zoned
forest land shall have a minimum rear yard of 100 feet.
3. Dimensional Standards. The following dimensional standards shall apply:
a. Lot Coverage. No requirements.
b. Building Height. No building or structure shall be erected or enlarged to exceed 30 feet in
height, except as approved under DCC 18.120.040.
4. Lot Size.
a. Lot Size. New lots shall have a minimum width of 50 feet and a minimum area of 5,000 square
feet.
b. Lot Coverage. No requirements.
c. Building Height. No building or structure shall be erected or enlarged to exceed 30 feet in
height, except as approved under DCC 18.120.040.
5. Additional Requirements. As a condition of approval of any use proposed, the Planning Director or
Hearings Body may require:
a. An increase in required setbacks.
b. Additional off - street parking and loading facilities.
c. Limitations on signs or lighting, hours of operation and points of ingress and egress.
d. Additional landscaping, screening and other improvements.
H. La Pine Community Facility Limited District.
1. Uses Permitted Outright.
a. Multi -use path.
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. School.
b. Park or playground.
(Ord. 2003 -002 §1, 2003; Ord. 2002 -033 §1, 2002; Ord. 2001 -044 §3, 2001; Ord. 2000 -015§ 2, 2000; Ord.
97 -063 §3, 1997; Ord. 97 -041 §1, 1997; Ord. 97 -017 §4, 1997; Ord. 96 -003 §1, 1996)
18.61.040 Wickiup Junction Planning Area.
The Wickiup Junction Planning Area is composed of one Commercial/Residential zoning district with its
own set of allowed uses and regulations, as further set forth in DCC 18.61.040.
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright:
1. Single - family dwelling.
2. Manufactured home subject to DCC 18.116.070.
3. Two - family dwelling or duplex.
4. Class I and II road or street project subject to approval as part of a land partition, subdivision or
subject to the standards and criteria established by DCC 18.116.230.
5. Class III road and street project.
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Chapter 18.61 (11/30/2009
6. Excavation, grading or fill and removal activities involved in creation of a wetland in areas not
requiring a conditional use permit for fill or removal.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted
subject to applicable provisions of DCC18.61 and DCC 18.116, Supplementary Provisions, and DCC
18.124, Site Plan Review:
1. Park, playground and community building.
2. Public Use.
3. A building or buildings not exceeding 8,000 square feet of floor space housing any combination of:
a. Retail store, office and service establishment.
b. Residential use in conjunction with a permitted use.
c. Art studio in conjunction with a permitted use.
d. Medical clinic.
e. Automobile service station.
f. Car wash.
g. Day care facility.
h. Restaurant and cocktail lounge.
i. Club and fraternal lodge.
j. Automobile and trailer sales.
k. Any new use, or the expansion of an existing use, allowed under DCC 18.61.040(B)(3) housed
in a building or buildings exceeding 8,000 square feet of floor space, but not greater than
12,000 square feet of floor space, subject to the provisions of DCC 18.61.040 (D).
C. 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 Uses:
1. Multi- family dwelling with three or more units.
2. Tourist and travelers' accommodations of up to 100 units, provided the use is served by a
community sewer system as that term is defined in OAR 660 -22 -010 (2).
3. Manufactured home park.
4. Travel trailer park.
5. Cluster development.
6. Church.
7. School.
8. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a
wetland subject to DCC 18.120.050 and DCC 18.128.270.
9. Water supply and treatment facility.
10. Utility facility, except landfill.
11. Television and radio station with or without a transmitter tower.
12. Nursing home.
13. Residential care facility for more than 15 people.
14. A building or buildings not exceeding 8,000 square feet of floor space housing any combination
of:
a. Veterinary clinic including enclosed kennel.
b. Automobile repair garage.
c. Commercial amusement and recreation establishment.
e. Shopping complex subject to a master plan.
f. Mini - storage facility.
g. Uses accessory to the uses identified in DCC 18.61.040.
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Chapter 18.61 (11/30/2009
15. Any new use, or the expansion of an existing use, allowed under DCC 18.61.040(C)(14)
housed in a building or buildings exceeding 8,000 square feet, but not greater than 12,000
square feet, subject to the provisions of DCC 18.61.040 (D).
16. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
D. Special Requirements for Large Scale uses. Any of the uses listed in DCC 18.61.040(B)(3) and
18.61.040(C)(14) may be allowed in a building or buildings exceeding 8,000 square feet of floor space
but not greater than 12,000 square feet of floor space if the Planning Director or Hearings Body fmds,
based on evidence submitted by the applicant:
1. That the intended customers for the proposed use will come from the community and surrounding
rural area, or the use will meet the travel needs of the people passing through the area;
2. The use will primarily employ a work force from the community and surrounding rural area; and
3. That it is not practical to locate the use in a building or buildings under 8,000 square feet of floor
space but could locate the use in a building not exceeding 12,000 square feet of floor space.
E. For the purposes of DCC 18.61.040, the surrounding rural area shall be that area identified in the map
depicted as Figure 5 in the La Pine Urban Unincorporated Community section of the Comprehensive
Plan.
F. Lot Size.
1. New lots or parcels served by an approved community, municipal or public water system and an
approved community or public sewage system shall have a minimum width of 50 feet and a
minimum area of 6,000 square feet. Maximum lot size for residential subdivisions shall be 15,000
square feet.
2. New lots or parcels served by either an approved community, non - community, municipal or public
water system shall have a minimum width of 100 feet and a minimum area of 22,000 square feet.
3. New lots or parcels not served by either an approved community, municipal or public water system
or an approved community or public sewer system shall have a minimum width of 150 feet with a
minimum are of one acre. In addition, an applicant shall demonstrate that:
a. The lot or parcel can meet DEQ on -site sewage disposal rules then in effect, which can be
demonstrated either prior to land division approval or as a condition of such approval;
b. Residential subdivision will be served by either a municipal or community water system or a
non - community public water system.
G. Dimensional Standards. The following dimensional standards shall apply:
1. Lot Coverage. No requirements.
2. Building Height. No building or structure shall be erected or enlarged to exceed thirty (30) feet in
height, except as approved under DCC 18.120.040.
H. Yards.
1. Front Yard. The front yard shall be no more than 20 feet, except as otherwise allowed by DCC
18.124.070(D)(2). All buildings shall be set at the front yard setback line.
2. Side Yard. None required, except when a parcel or lot with a side yard adjacent to zoned forest land
shall have a minimum side yard of 100 feet.
3. Rear Yard. None required, except when a parcel or lot with a rear yard adjacent to zoned forest
land shall have a minimum rear yard of 100 feet.
(Ord. 2004 - 013 §6, 2004; Ord. 2003 -008 §1, 2003; Ord. 2002 -015 §1, 2002; 2000 - 015 §2, 2000; Ord. 97-
063 §3, 1997; Ord. 96 -007 §1, 1996)
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
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Chapter 18.61 (11/30/2009
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.
1. All uses in the Neighborhood Planning Area requiring water shall be connected to the La Pine
Water District water system.
2. All uses in the Neighborhood Planning Area that discharge wastewater shall be connected to the La
Pine Special Sewer District sewage treatment facility or a Department of Environmental Quality
approved community waste water treatment facility serving the La Pine Neighborhood Planning
Area.
C. Transportation.
1. Two perimeter collector and three neighborhood collector roads will provide access from
Huntington Road into the neighborhoods.
2. The central collector and a perimeter collector will provide access from Burgess Road. The three
perimeter collectors dividing the neighborhoods will be adjacent to open space corridors that
provide buffers between the four Neighborhoods in the Neighborhood Planning Area..
3. Driveway access will not be allowed onto the central collector and the neighborhood collectors.
4. Rather than a continuous paved parking shoulder, parking in designated pullout areas can be
provided along the collectors for access to open space, parks and residential lots.
5. Direct access from residential lots onto the local streets and perimeter collectors is permitted.
6. Shallow vegetated swales alongside the roads will provide for drainage.
7. A network of multi -use paths will be developed parallel to many of the collector roads and in the
open space buffer areas along Huntington Road and the eastern perimeter collector parallel to
Highway 97.
8. The precise layout of these roads and multi -use paths will occur during the Quadrant Plan approval
process as each Neighborhood and Quadrant is planned.
D. Residential General District. Purpose: The Residential General District is the largest area of
Neighborhood Planning Area. The district is primarily for single- family residential uses with a variety
of lot sizes and housing styles. Some higher density housing is allowed in specified locations.
1. Uses permitted outright.
a. Single - family dwelling, including a "Class A" manufactured home.
b. Duplex.
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;
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.
6) Does not have any outdoor storage of materials used in the home occupation.
h. Class II road or street project subject to approval as part of a land partition, subdivision or
subject to the standards and criteria established by DCC 18.116.230.
i. Class III road and street project.
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:
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Chapter 18.61 (11/30/2009
a. Multi- family dwelling, located along the central collector road in the Neighborhood Planning
Area or adjacent to Huntington or Burgess Roads.
b. Bed and Breakfast Inn, located along the central collector road in the Neighborhood Planning
Area or Huntington or Burgess Roads.
c. Child care facility located adjacent to the central or a neighborhood collector road in the
Neighborhood Planning Area or Huntington or Burgess Roads.
d. Park or playground.
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.
b. Outdoor Recreational Equipment Storage area as defined in DCC 18.04.
4. Dimensional Standards. The lot size, lot coverage block length, block perimeter and building
height standards shown in Table 2 shall apply to the Residential General District.
5. Yard and Setback Requirements. The front, side and rear yard requirements in Table 2 shall apply
to uses in the Residential General District.
6. Residential Density. The residential density requirements in Tables 1 and 2 shall apply to the
Residential General District.
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 center of
each Neighborhood. 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.
1. Uses permitted outright.
a. Single Family Dwelling.
b. Single Family Dwelling — Zero Lot Line
c. Town home, duplex or triplex.
d.. Accessory dwelling.
e.. Live /work unit.
f. Multi -use path.
g. Open space.
h. . 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;
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; and,
6. Does not have any outdoor storage of materials used in the home occupation.
i. Class II road or street project subject to approval as part of a land partition, subdivision or
subject to the standards and criteria established by DCC 18.116.230.
j. Class III road and street project.
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. Community center up to 4,000 square feet in floor area.
a. Neighborhood commercial building as defined in DCC 18.04.
b. Multi- family dwelling.
c. Bed and Breakfast Inn.
d. Church.
Page 15 of 23 — Exhibit "A: to Ordinance 2009 -025
Chapter 18.61 (11/30/2009
e. Park or playground.
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. Residential facility or residential home.
b. Home occupation as defined in DCC 18.04.
4. Dimensional standards. The lot size, lot coverage block length, block perimeter and building height
standards shown in Table 2 shall apply to the Residential Center District.
5. Yard and setback requirements. The front, side and rear yard requirements in Table 2 shall apply to
uses in the Residential Center District.
6. Residential density. The residential density requirements in Tables 1 and 2 shall apply to the
Residential Center District.
F. Community Facility District. Purpose: The purpose of this district is to provide a location for public
and private uses and facilities that serve the civic, social and recreational needs of the community. The
Community Facility District also includes higher density housing.
1. Uses Permitted Outright.
a. Duplex, triplex or town home.
b. Multi -use path.
c. Open space.
d. Class II road or street project subject to approval as part of a land partition, subdivision or
subject to the standards and criteria established by DCC 18.116.230.
e. Class III road and street project.
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. Multi - family dwelling.
b. Continuing care retirement center.
c. Hospital.
d. Medical facility.
e. Assisted living, congregate care facility.
f. Nursing home.
g. Mixed use building (residential with other permitted use in the district).
h. Child care center.
i. Public use.
j. Community center.
k. Church.
1. Senior center.
m. Library.
n. Museum.
o. Performing arts building.
p. Theater.
q. School.
r. Park or playground.
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. Single - family dwelling.
b. Retail or professional office use that supports a permitted use in the district.
Page 16 of 23 — Exhibit "A: to Ordinance 2009 -025
Chapter 18.61 (11/30/2009
4. Dimensional Standards. The lot size, lot coverage block length, block perimeter and building
height standards shown in Table 2 shall apply to the Community Facility District
5. Yard and Setback Requirements. The front, side and rear yard requirements in Table 2 shall apply
to uses in the Community Facility District.
G. Community Facility Limited District. Purpose. The purpose of this district is to provide locations for a
school, recreation and transportation facilities.
1. Uses permitted outright.
a. Multi -use path.
b. Open space.
c. Class II road or street project subject to approval as part of a land
subject to the standards and criteria established by DCC 18.116.230.
d. Class III road and street project.
2. Uses Permitted Subject to Site Plan Review. The following uses and
permitted subject to applicable provisions of DCC 18.61 and DCC
Provisions, and DCC 18.124, Site Plan Review:
a. Park and ride facility.
b. School.
c. Park or playground.
3. Uses Permitted Subject to Conditional Use. The following uses
partition, subdivision or
their accessory uses are
18.116, Supplementary
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.
H. Neighborhood 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 Outright.
a. Multi -use path.
b. Open space.
c. Class II road or street project subject to approval as part of a land partition, subdivision or
subject to the standards and criteria established by DCC 18.116.230.
d. Class III road and street project.
2. 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.
3. Conditional Uses Permitted. 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, DCC 18.124, Site Plan
Review, and DCC 18.128, Conditional Use: Such as but not limited to:
a. Restaurant.
b. Laundromat.
c. Dry cleaning.
d. Art studio in conjunction with retail use.
e. Professional office.
4. Dimensional Standards. The lot size, lot coverage block length, block perimeter and building
height standards shown in Table 2 shall apply to the Commercial District.
Page 17 of 23 — Exhibit "A: to Ordinance 2009 -025
Chapter 18.61 (11/30/2009
5. Yard and Setback Requirements. The front, side and rear yard requirements in Table 2 shall apply
to uses in the Commercial District.
I. Park District. The purpose of this district is to provide Neighborhood Parks in each of the four
neighborhoods within the Neighborhood Planning Area. This district may also apply to an optional
Regional Park that may be located in Neighborhood 2 and or 3 during Quadrant Plan approval process.
1. Uses Permitted Outright.
a. Multi -use path.
b. Open space.
c. Class II road or street project subject to approval as part of a land partition, subdivision or
subject to the standards and criteria established by DCC 18.116.230.
d. Class III road and street project.
2. Uses Subject to Provisions of DCC 18.61.050(H)(4).
a. Neighborhood Park.
3. Conditional Uses. The following uses and their accessory uses are permitted subject to the
development standards in DCC 18.61.050(H)(5) and the applicable provisions of DCC 18.61 and
DCC 18.116, Supplementary Provisions, and DCC 18.124, Site Plan Review:
a. Regional Park.
4. Neighborhood Park Development Standards.
a. Size standard. Neighborhood Parks shall be a minimum of two acres and no more than five
acres in size.
b. Location. Neighborhood Parks shall be located at the center of each Neighborhood and be
fronted on at least three sides by public streets including the central collector and a
neighborhood collector.
c. Boundary Determination. The boundaries of the Neighborhood Parks are generally depicted on
the Neighborhood Planning Area Park Plan, Figure 17 in the Deschutes County Comprehensive
Plan, DCC 23.36.052. The exact boundaries of the Neighborhood Parks shall be established at
the time of approval of a Quadrant Plan under DCC 18.61.050(J).
d. Platting. Neighborhood Parks shall be platted as part of the first phase subdivision in an
approved Quadrant Plan.
5. Regional Park Development Standards.
a. The La Pine Neighborhood Planning Area may include one Regional Park. The Regional Park
may be developed in Neighborhood 3 or 4.
b. Size Standard. The Regional Park shall be between 10 and 25 acres in size.
c. The location of a Regional Park shall be determined during the quadrant planning of
Neighborhoods 3 and/or 4.
d. If the Regional Park is located at the intersection of the central collector and a neighborhood
collector at the center of a Neighborhood, it may replace the required Neighborhood Park.
e. Siting Standards.
i. The Regional Park shall have direct access to either a collector street and an arterial street
or the central collector and a neighborhood collector street.
ii. The Regional Park shall have direct access to a paved multi -use path.
J. Open Space District. The purpose of this district is to provide two types of open space in the
Neighborhood Planning Area. Perimeter Open Space is located adjacent to Huntington and Burgess
Roads, Highway 97, and between existing residential lots west of Neighborhood 4. Perimeter Open
Space will provide visual and noise screening and locations for multi -use paths. Corridor Open Space
divides the four Neighborhoods, helps to maintain a rural feeling and contains multi -use paths.
1. Perimeter Open Space Uses Permitted Outright.
a. Open space.
b. Multi -use path.
Page 18 of 23 — Exhibit "A: to Ordinance 2009 -025
Chapter 18.61 (11/30/2009
2. Corridor Open Space Uses Permitted Outright.
a. Open space.
b. Multi -use path.
c. Picnic area.
d. Benches along multi -use path.
e. Park or playground managed by the La Pine Park District or a Neighborhood Planning Area
homeowners association.
3. Uses Permitted Subject to an Open Space Management Plan under the provision of DCC
18.61.050(I)(4).
a. Vegetation management for wildfire hazard reduction.
b. Vegetation management for wildlife habitat enhancement.
c. Landscaped earthen berm.
d. Class I and II road or street project subject to approval as part of a land partition, subdivision or
subject to the standards and criteria established by DCC 18.116.230.
4. Open Space Management Plan.
a. An open space management plan shall be prepared for each Quadrant as a component of a
Quadrant Plan. The plan shall be implemented as a 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.
K. 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 DCC 18.61.050.
2. Eligibility to Submit an Application. Deschutes County will accept a Quadrant Plan application
from an owner or 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, perimeter collector and local streets, block configurations and
connections with adjacent Quadrants.
c. Non - motorized Circulation Plan showing locations of any sidewalks or 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.
e. 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:
1. How the proposed water and sewer systems will be adequate to serve the type and size of
development planned.
2. How the proposed location and sizing of facilities will be consistent with existing and
planned facilities.
3. 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. Notwithstanding DCC 23.40.020(F)(1)(g), and this requirement, no design
guidelines shall be required for Quadrant 1 c.
Page 19 of 23 — Exhibit "A: to Ordinance 2009 -025
Chapter 18.61 (11/30/2009
h. A plan showing the zone boundaries for Neighborhood General and Neighborhood Center
Districts.
i. A plan showing the proposed locations and dimensions of road rights -of -way.
j. A written burden of proof statement with fmdings demonstrating conformance with the goals
and policies of The Deschutes County Comprehensive Plan, DCC 23.40.020, the applicable
sections of DCC 18.61, and any other applicable provisions of DCC Title 18.
k. A proposal for deed restrictions, Covenants, Conditions and Restrictions (CCRs), and a
homeowners association. Notwithstanding DCC 23.40.020(F)(1)(g) and (h), no proposal for
deed restrictions, CCRs, and a homeowners association shall be required with an application for
a quadrant plan for Quadrant lc.
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. Notwithstanding the order of hearings bodies listed under
DCC 22.24.020(A), Quadrant Plans shall be subject to a public hearing before the Deschutes
County Planning Commission. The Planning Commission shall make the decision to approve or
deny an application for a Quadrant Plan. The Board of County Commissioners will act as the
hearings body on an appeal of such a decision. An appeal of a quadrant plan decision shall be
considered pursuant to DCC Chapter 22.32, Appeals. 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).
b. The Quadrant Plan conforms to the policies in the Deschutes County Comprehensive Plan,
DCC 23.36.052.
c. There is adequate sewer and water 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.
d. 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._Final
locations of road rights -of -way approved under a quadrant plan will be determined through the
process for approval of a tentative plat under DCC Title 17.
e. The 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
f. The open space in the Open Space and Park Plan conforms to the standards in Deschutes
County Comprehensive Plan, DCC 23.36.020(D) and general location shown in the La Pine
Neighborhood Parks and Open Space Plan, Figure 17 in the Comprehensive Plan. DCC
23.36.052.
g. The Zoning Plan conforms to the following performance standards:
1. Neighborhood Commercial District. A minimum of two and a maximum of four 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.
2. Community Facility District. Quadrant 1 c shall be zoned as Community Facility District.
3. 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.
Page 20 of 23 — Exhibit "A: to Ordinance 2009 -025
Chapter 18.61 (11/30/2009
4. Residential Center District. Each Quadrant except Quadrant 1 c and 1 d shall have a
Residential Center District with a minimum of three acres and a maximum of six 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.
5. 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.
6. 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 two
acres and a maximum of five 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.
7. Open Space District. The Quadrant Plan shall designate the following minimum areas as
Open Space District:
i. Minimum 200 foot wide Corridor Open Space Buffer between Neighborhoods 1 and 2;
2 and 3; and 3 and 4.
ii. Minimum 200 foot wide Perimeter Open Space adjacent to Highway 97.
iii. Minimum 75 foot wide Perimeter Open Space adjacent to Huntington and Burgess
Roads.
iv. Minimum 50 foot wide Perimeter Open Space on the west edge of Quadrants 4a and
4c.
8. 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:
(Ord. 2006 - 031 §1, 2006; Ord. 2005- 026 §1, 2005; Ord. 2003 - 028 §2, 2003; Ord. 2003 -005 §1, 2003; Ord.
2001 -044 §3, 2001; Ord. 2001 -037 §2, 2001; Ord. 2000 -015 §2, 2000)
TABLE 1. La Pine Neighborhood Planning Area Density Standards
NOTE: Density is calculated using gross acres, excluding collector street right -of -way.
Page 21 of 23 — Exhibit "A: to Ordinance 2009 -025
Chapter 18.61
(11/30/2009
Maximum Density
Minimum Density
Lot Size Range Single - family
NEIGHBORHOOD 1
—
Residential Center
12 units /acre
8 units /acre
2,400 — 4,500
Residential General
6 units /acre
3 units /acre
4,000 — 7,000
NEIGHBORHOOD 2, 3 & 4
Residential Center
12 units /acre
6 units /acre
2,400 — 7,000
Residential General
6 units /acre
2 units /acre
7,000 — 15,000
NOTE: Density is calculated using gross acres, excluding collector street right -of -way.
Page 21 of 23 — Exhibit "A: to Ordinance 2009 -025
Chapter 18.61
(11/30/2009
TABLE 2. La Pine Neighborhood Planning Area Zoning Standards
Page 22 of 23 — Exhibit "A: to Ordinance 2009 -025
Chapter 18.61
(11/30/2009
RESIDENTIAL
GENERAL
RESIDENTIAL
CENTER
COMMUNITY
FACILITY
COMMUNITY
FACILITY
LIMITED
NEIGHBORHOOD
COMMERCIAL
LOT SIZE Single - family
_
NEIGHBORHOOD 1
Maximum square feet
7,000
4,500
N/A
N/A
N/A
Minimum square feet
4,000
2,400
N/A
N/A
N/A
NEIGHBORHOOD 2
Maximum square feet
15,000
5,000
N/A
N/A
N/A
Minimum square feet
7,000
3,500
N/A
N/A
N/A
LOT SIZE Townhome
Minimum square feet
N/A
2,400
2,400
N/A
N/A
LOT SIZE Duplex Triplex
Minimum square feet
8,000
8,000
8,000
N/A
N/A
LOT SIZE Multi- family
1
Maximum square feet
no maximum
no maximum
no maximum
N/A
N/A
Minimum square feet
15,000
10,000
10,000
N/A
N/A
LOT SIZE Other uses
1 mil
Maximum square feet
no maximum
no maximum
no maximum
no maximum
22,000
Minimum square feet
7,000
4,500
None
None
7,000
LOT WIDTH
1
Minimum (feet)
50' for detached
dwellings
24' for attached
town home
35' for detached
single - family
dwelling
24' for attached
town home or
zero lot line
development
50'
50'
50'
LOT DEPTH
Minimum (feet)
100'
100'
150'
150'
150'
RESIDENTIAL DENSITY
(per gross acre) (1)
'
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
SETBACKS _
Primary Building
Front
15' min.
10' min.
10' min
10' min
10' min.
Page 22 of 23 — Exhibit "A: to Ordinance 2009 -025
Chapter 18.61
(11/30/2009
NOTES:
(1) Gross acres, excluding collector street right of way
(2) Must meet clear vision requirements of DCC 18.116.020
(3) The block requirements not applicable to review and approval of quadrant plans.
(Ord. 2005 -026 §2 , 2005; Ord. 2004 - 013 §6, 2004; Ordinance 2004 -06 §2, 2004; Ord. 2003 -077 §1, 2003;
Ord. 2003 -005 §1, 2003; Ord. 2001 -044 §3, 2001; Ord. 2001 -037 §2, 2001; Ord. 2000 -015 §2, 2000)
Chapter 18.61
23
(2006)
RESIDENTIAL
GENERAL
RESIDENTIAL
CENTER
COMMUNITY
FACILITY
COMMUNITY
FACILITY
LIMITED
NEIGHBORHOOD
COMMERCIAL
Side
10' min.
None
5' min. or 0 lot
line
5' plus 1/2 foot
for each ft.
building height
exceeds 20 '
5' plus 1/2 foot for
each ft. building
exceeds 20' height
Side at corner (2)
10'
5' or O lot line
5'
5'
5'
Rear
10'
None except
abutting
Residential
General 5'
None except
abutting
Residential
General 5'
5' plus 1/2 foot
for each ft.
building height
exceeds 20'
5'
GARAGE SETBACKS
Min. from front of building
5'
5'
5'
N/A
N/A
SPECIAL SETBACKS
Percentage of the front side of
the structure that shall be sited
at the minimum front yard
setback.
N/A
50% min (2)
N/A
N/A
N/A
LOT COVERAGE
Maximum
35%
50%
60%
60%
50%
BLOCK
REQUIREMENTS(3)
Maximum Perimeter
2,000'
1,600'
1,200'
N/A
1,200'
Maximum block length
without pedestrian connection
600'
600'
400'
800'
600'
BUILDING HEIGHT
Primary
30'
40' except Res.
General
standards apply
to single family.
Town homes 35
ft. max.
45' except Res.
General
standards apply
to single family.
Town homes 35
ft. max.
45'
30'
Accessory Dwelling or
Building
20'
25'
30'
30'
25'
Higher with Conditional Use
Permit
NO
YES up to 40'
YES
YES
NO
MINIMUM ONSITE
PARKING
DCC 18.116
DCC 18.116
DCC 18.116
DCC 18.116
DCC 18.116
NOTES:
(1) Gross acres, excluding collector street right of way
(2) Must meet clear vision requirements of DCC 18.116.020
(3) The block requirements not applicable to review and approval of quadrant plans.
(Ord. 2005 -026 §2 , 2005; Ord. 2004 - 013 §6, 2004; Ordinance 2004 -06 §2, 2004; Ord. 2003 -077 §1, 2003;
Ord. 2003 -005 §1, 2003; Ord. 2001 -044 §3, 2001; Ord. 2001 -037 §2, 2001; Ord. 2000 -015 §2, 2000)
Chapter 18.61
23
(2006)
FINDINGS
The Deschutes Board of County Commissioners (Board) held a public hearing on November 9,
2009, at the Deschutes Service Center, Barnes and Sawyer room, starting at 10:00 a.m. The
Commissioners considered a text amendment initiated by Deschutes County staff, to the
Deschutes County Code ( "DCC "), Sections 18.32.030 (C) La Pine Area, Industrial District.
BACKGROUND
The staff initiated this text amendment at the request of the Board to allow utility facilities with a
conditional use permit and site plan review to the existing La Pine Industrial District. Currently,
utility facilities are only permitted with a conditional use permit and site plan review in the La
Pine Commercial District. Following a recent request to the County Planning Division by a
private company to construct a biomass facility in La Pine, it was revealed that the industrial
zone district in the area does not address utility facilities and therefore is not permitted.
The Deschutes County Comprehensive Plan outlines the La Pine planning area industrial park. It
includes both public and privately owned industrial land. According to the 1979 comprehensive
plan water pollution issues have been ongoing in the La Pine area which resulted in the
construction of sewage treatment facility. All the land in the Industrial District is included in the La
Pine Special Sewer District. As of 1996, the sewer district had the capacity to serve the Industrial
District at build out. Because the Industrial District is in the sewer district it was anticipated that
new industrial uses would connect to the sewer. Staff verified with the La Pine Sewer District that
capacity is available at this time and utilities are installed. The current code addresses
requirements for connecting to the sewer treatment facility and obtaining Oregon Department of
Environmental Quality (DEQ) Water Pollution Control Facility (WPCF) permits. Although this text
amendment does not address any specific development, it will allow for additional industrial
development with the proposed utility facility use.
PROPOSED TEXT AMENDMENT
Staff proposed a text amendment that meets the needs and the intent of the La Pine Industrial
District. The proposed text amendment is outlined in the attached exhibit and is underlined for
new language and shown as strikethrough for deleted language.
ANALYSIS
The proposed text amendment will allow the development of a utility facility in the La Pine
Industrial District. A utility facility by definition in the Deschutes County Code is:
"Utility facility' means any major structures, excluding hydroelectric facilities, owned or
operated by a public, private or cooperative electric, fuel, communications, sewage or water
company for the generation, transmission, distribution or processing of its products or for the
disposal of cooling water, waste or by- products, and including power transmission lines,
major trunk pipelines, power substations, telecommunications facilities, water towers,
sewage lagoons, sanitary landfills and similar facilities, but excluding local sewer, water,
gas, telephone and power distribution lines, and similar minor facilities allowed in any zone.
This definition shall not include wireless telecommunication facilities where such facilities are
listed as a separate use in a zone.
Page 1 of 3 - Exhibit B to Ordinance 2009 -025
In addition to adding the utility facility use to the Industrial District, staff is proposing to include
text changes that address height limits for exhaust stacks within the Industrial District. Exhaust
stacks are regulated by the state DEQ and the federal Environmental Protection Agency (EPA).
There are specific formulas that are used to determine the stack height requirements. Typically
because of the great expense, the exhaust stacks are constructed to meet the specified height
requirement and no higher. All specific requirements will be addressed during the land use
process in the conditional use and site plan review application for a utility facility. The proposed
text allows that all industrial facility exhaust stacks meet the DEQ and EPA regulations for
height.
REVIEW CRITERIA AND FINDINGS
Deschutes County lacks specific criteria in DCC Titles 18 or 23 for reviewing a legislative zoning
text amendment. Therefore, the County must determine that the proposed text amendments are
consistent with the County Comprehensive Plan, Title 23. The following findings demonstrate
compliance with the County Comprehensive Plan.
According to the Comprehensive Plan, La Pine residents for sometime have had a dear desire
to be independent and self- directed, which lead to their pursuit to be an incorporated city within
Deschutes County. Achieving that desire to be independent includes the ability for the area to
provide for economic development within the City of La Pine. This proposal would support
future development for utility facilities in the La Pine Industrial District, which would add to the
types of businesses that would provide economic opportunities in La Pine.
• This is a staff initiated text amendment to allow the addition for utility facilities in the La
Pine Industrial District zone subject to specific development provisions to DCC Sections
18.124 Site Plan Review and 18.128 Conditional Use.
Community Involvement goals and polices outlined in Chapter 1 of the Comprehensive plan for
a legislative action occurs through the proposed public hearing process with the Deschutes
County Planning Commission and Board of Commissioners. The Planning Commission will
hold a joint public hearing on October 8, 2009 in La Pine with the newly established La Pine
Planning Commission and will make a recommendation for the proposed text amendment. The
Board will hold a public hearing and first reading in late October or early November.
The Deschutes County Comprehensive Plan, Chapter 23 does not specifically address utility
facilities however, Energy goals 2 and 3 encourage land uses to maximize the conservation of
all forms of energy and the promotion of adequate local energy supplies. Both of these goals
support the proposed text amendment because it would promote a facility that could allow the
development of local energy supplies and allow the placement of a facility that would take
advantage of the local forest resources that are abundant in Central Oregon, specifically the La
Pine area. In addition to these goals, there is an energy policy that charges the County with the
review and promotion for the development and use of local alternative energy sources in order
to prepare for the potential future shortages and reduce the outflow of local dollars to buy
energy.
Deschutes County has established a process and policy framework to assure that decisions
rendered by the County on land use applications have an adequate factual basis. No
exceptions to the Statewide Planning Goals are requested with this application. No statewide
goal exceptions are necessary because the area where this use will be allowed is already zoned
for industrial uses, the proposed amendment provides for an additional type of industrial use.
Page 2 of 3 - Exhibit B to Ordinance 2009 -025
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The Comprehensive Plan economy goals in Chapter 3 of the Comprehensive Plan promote
diversifying and improvement of the local economy as well as enhancing and maintaining the
commercial and industrial segments of the local economy. This text amendment proposal will
promote local jobs to the La Pine area and could enhance other economic aspect such as
housing and service establishments associate with the La Pine area as a result of future
industrial development.
The proposed text amendments will have no effect on the transportation system because there
are no new roads being proposed with this amendment and such facilities are unlikely to
generate much in terms of additional employee traffic given the size of the parcels in the
industrial zone. Thus, these facilities are unlikely to burden existing transportation facilities and
use that can be expected to add 50 or more vehicle trips per day will be required under the
County Code to provide a traffic impact study and mitigate traffic impacts. The text amendment
would promote the transportation goals addressed in Chapter 3 of the Comprehensive Plan.
The development of an additional industrial use could reduce the need for travel to and from the
other urban and industrial areas by providing a local work source. This also could promote the
conservation of energy if travel time to and from the work source is reduced.
A joint public hearing was held by the Deschutes County Planning Commission and the La Pine
Planning Commission in La Pine on October 8, 2009. Both Commissions' voted unanimously in
favor of the proposed text amendment with no changes.
At the hearing before the Board, La Pine citizens testified regarding a concern for the allowance
of a 100 -foot tall stack because that stack will be taller than all other structures in the area
except cellular and radio towers. Thus, the Board suggested alternate language to DCC
18.61.030(C)(e) in order to minimize the height of the exhaust stack to the minimum height
required by the DEQ. The Board Chair conducted the first reading of the ordinance without the
proposed change but with the Board direction to staff to draft the alternate language to be read
with the second reading of the ordinance on November 30, 2009. On November 30, 2009, the
Board decided that the original language was sufficient. The Board Chair conducted the second
reading and Board adopted the ordinance.
Page 3 of 3 - Exhibit B to Ordinance 2009 -025
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The Comprehensive Plan economy goals in Chapter 3 of the Comprehensive Plan promote
diversifying and improvement of the local economy as well as enhancing and maintaining the
commercial and industrial segments of the local economy. This text amendment proposal will
promote local jobs to the La Pine area and could enhance other economic aspect such as
housing and service establishments associate with the La Pine area as a result of future
industrial development.
The proposed text amendments will have no effect on the transportation system because there
are no new roads being proposed with this amendment and such facilities are unlikely to
generate much in terms of additional employee traffic given the size of the parcels in the
industrial zone. Thus, these facilities are unlikely to burden existing transportation facilities and
use that can be expected to add 50 or more vehicle trips per day will be required under the
County Code to provide a traffic impact study and mitigate traffic impacts. The text amendment
would promote the transportation goals addressed in Chapter 3 of the Comprehensive Plan.
The development of an additional industrial use could reduce the need for travel to and from the
other urban and industrial areas by providing a local work source. This also could promote the
conservation of energy if travel time to and from the work source is reduced.
A joint public hearing was held by the Deschutes County Planning Commission and the La Pine
Planning Commission in La Pine on October 8, 2009. Both Commissions' voted unanimously in
favor of the proposed text amendment with no changes.
At the hearing before the Board, La Pine citizens testified regarding a concern for the allowance
of a 100 -foot tall stack because that stack will be taller than all other structures in the area
except cellular and radio towers. Thus, the Board suggested alternate language to DCC
18.61.030(C)(e) in order to minimize the height of the exhaust stack to the minimum height
required by the DEQ. The Board Chair conducted the first reading of the ordinance without the
proposed change but with the Board direction to staff to draft the alternate language to be read
with the second reading of the ordinance on November 30, 2009. On November 30, 2009, the
Board approved the alternate language. The Board Chair conducted the second reading and
read the changed language and the Board adopted the ordinance.
Page 3 of 3 - Exhibit B to Ordinance 2009 -025