HomeMy WebLinkAboutMini-Storage Ordinance - 2nd ReadingDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of February 11, 2008
Please see directions for completing this document on the next page.
DATE: January 31, 2008
FROM: Kristen Maze Community Development Department
541 383-6701
TITLE OF AGENDA ITEM:
Second reading of Ordinance 2008-008 amending Deschutes County Code Title 18, Conditional th,e-
Mini-Storage Facilities and adding Mini -Storage Facilities to the Rural Commercial zone.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The Board of County Commissioners conducted a public hearing on a text amendment for Deschutes
County Code 18.74 and 18.128.300 to clarify the Rural Commercial lot coverage requirements, allow
parking for mini -storage facilities based on one space for every 300 square feet of office space with a
minimum of 2 spaces, and allow mini -storage facilities up to 35,000 square feet in the Rural
Commercial zone for Deschutes Junction, Deschutes River Woods Store, Pine Forest, and Rosland. The
Board approved the first reading of Ordinance 2008-008.
The consultant for the Deschutes River Woods Store owner has requested that Ordinance 2008-008 be
changed to include an emergency clause for the purpose of giving his client the ability to begin the [and
use development and building permit process.
FISCAL IMPLICATIONS:
NONE
RECOMMENDATION & ACTION REQUESTED:
Second reading in title of Ordinance 2008-008 amending Deschutes County Code Title 18 and
changing the Ordinance to add an emergency clause with an effective date of March 1, 2008.
ATTENDANCE: Kristen Maze, Associate Planner CDD
DISTRIBUTION OF DOCUMENTS:
Kristen Maze, Community Development Department
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 18, Conditional Use, Mini -Storage Facilities,
and Adding Mini -Storage Facilities to the Rural
Commercial Zone.
*
*
*
ORDINANCE NO. 2008-008
WHEREAS, Deschutes County Community Development Department staff initiated changes to
Deschutes County Code ("DCC") to include mini -storage facilities in the Rural Commercial zone in he
Deschutes River Woods, Deschutes Junction and Pine Forest and Rosland areas, and clarify the lot coven ge
requirements; and
WHEREAS, Deschutes County Community Development Department staff also initiated changes to :he
parking requirements in DCC Section 18.128.300 Mini -Storage Facilities conditional use; and
WHEREAS the Planning Commission considered this matter after a public hearing on December 17,
2007, and forwarded amendments to the zoning regulations for Mini -Storage Facilities and Rural Commercial
zone to the Board of County Commissioners ("Board"); and
WHEREAS the Board considered this matter after a public hearing on January 28, 2007 and concluded
that the public will benefit from changes to the land use regulations for mini -storage in the Rural Commernial
zone; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAI vS
as follows:
Section 1. AMENDMENT. DCC 18.74 Rural Commercial Zone is amended to read as described in
Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined :tnd
language to be deleted in stet.
Section 2. AMENDMENT. DCC 18.128.300, Conditional Use, Mini -Storage Facilities is amender to
read as described in Exhibit "B," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in strip.
///
PAGE 1 OF 2 - ORDINANCE NO. 2008-008 (1/28/08)
Section 8. FINDINGS. The Board adopts as it findings in support of this amendment the Decision of
the Board of County Commissioners, in attached Exhibit "C" and incorporated by reference herein.
Section 9. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an
emergency is declared to exist, and the Ordinance takes effect on March 1, 2008.
Dated this of , 2008 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
DENNIS R. LUKE, CHAIR
TAMMY (BANEY) MELTON, VICE CHAIR
Recording Secretary MICHAEL M. DALY, COMMISSIONER
Date of 1St Reading: day of , 2008.
Date of 2nd Reading: day of , 2008.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke
Tammy (Baney) Melton
Michael M. Daly
Effective date: day of , 2008.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2008-008 (1/28/08)
EXHIBIT "A"
Chapter 18.74. Rural Commercial Zone
18.74.010. Purpose.
18.74.020. Uses permitted — Deschutes Junction and Deschutes River Woods Store.
18.74.025. Uses permitted — Spring River.
18.74.027. Uses permitted — Pine Forest and Rosland.
18.74.030. Development standards.
18.74.010. Purpose.
The purpose of this chapter is to establish standards and review procedures for development in the Rural
Commercial Zone. The Rural Commercial (RC) zone provisions implement the comprehensive plan
policies for rural commercial development and associated uses outside of unincorporated communities and
urban growth boundaries.
(Ord. 2003-080 § 1, 2003, Ord. 2002-019 § 2, 2002)
18.74.020. Uses pPermitted in Deschutes Junction and Deschutes River Woods Store.
A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright and do not
require site plan review:
1. Single-family dwelling.
2. Manufactured home subject to DCC 18.116.070.
3. Two-family dwelling.
4. Type 1 Home Occupation, subject to DCC 18.116.280.
5. Agricultural uses.
6. Class I and II road or street project subject to approval as part of a land partition or subdivision, or
subject to the standards and criteria established in DCC 18.116.230.
7. Class III road or street project.
8. A lawfully established use existing as of 11/05/02, the date this chapter was adopted, not otherwise
permitted by this chapter.
B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted
subject to the applicable provisions of this chapter and DCC 18.116 and 18.128:
1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any
combination of the following uses.
a. Restaurant, cafe or delicatessen.
b. Grocery store.
c. Tavern.
d. Retail sporting goods and guide services.
e. Barber and beauty shop.
f. General store.
g. Video store.
h. Antique, art, craft, novelty and second hand sales if conducted completely within an enclosed
building.
2. Expansion of a nonconforming use listed under section B(1)(a-h), existing as of 11/05/2002, the
date this chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the
building as of said date, whichever is greater.
3. A building or buildings not exceeding 3,500 square feet of floor space to be used by any
combination of the following uses.
a. Retail sales of agricultural or farm products.
b. Farm machinery sales and repair.
c. Kennel.
d. Veterinary clinic.
PAGE 1 OF 6 — EXHIBIT "A" TO ORDINANCE 2008-008 (1/28/08)
EXHIBIT "A"
e. Automobile service station and repair garage, towing service, fuel storage and sales.
f. Public or semi-public use.
g. Residential use in the same building as a use permitted by this chapter.
h. Park or playground.
4. Expansion of a nonconforming use listed under section B(3)(a-h), existing as of 11/05/2002, the
date this chapter was adopted, shall be limited to 3,500 square feet or 25 percent of the size of the
building as of said date, whichever is greater.
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable
provisions of this chapter and DCC 18.116, 18.124 and 18.128:
1. A building or buildings not exceeding 3,500 square feet of floor space to be used by any
combination of the following uses.
a. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
b. Utility facility.
c. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
d. Child care center.
e. Church.
f. School.
2. Recreational vehicle park
3. Mini -storage facilities limited to 35,000 square feet in size.
(Ord. 2008-008 § 1, 2008; Ord. 2004-002 § 20, 2004; Ord. 2002-019 § 2, 2002)
18.74.025. Uses Permitted in Spring River Rural Commercial/Limited Use Combining
Zone.
A. Uses Permitted subject to Site Plan Review. The following uses and their accessory uses are permitted
subject to the applicable provisions of this chapter and DCC 18.116 and 18.124:
1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any
combination of the following uses:
a. Fishing supplies and equipment.
b. Snowmobiling accessories.
c. Marine accessories.
d. General store.
e. Hardware store.
f. Convenience store with gas pumps.
g. Fast food restaurant, cafe, or coffee shop.
h. Recreational rental equipment store.
i. Excavation business.
j. Landscaping business/service.
k. Health care service.
1. Beauty shop.
m. Video store.
o. Post office.
p. Party supply.
q. Equipment sales and rental.
r. Appliance store.
s. Bank.
t. Exterminator.
u. Private mailing and packaging store.
v. Bakery.
PAGE 2 OF 6 — EXHIBIT "A" TO ORDINANCE 2008-008 (1/28/08)
EXHIBIT "A"
2. Expansion of a nonconforming use listed in section A(1)(a-v), existing as of 11/05/02, the date this
chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the building as
of said date, whichever is greater.
3. A building or buildings not exceeding 3,500 square feet of floor space to be used by any
combination of the following uses:
a .Pet and livestock supply.
b. Farm machinery sales and repair.
4. Expansion of a nonconforming use listed in section A(3)(a-b), existing as of 11/05/02, the date this
chapter was adopted, shall be limited to 3,500 square feet of floor space or 25 percent of the size of
the building as of said date, whichever is greater.
B. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable
provisions of this chapter and DCC 18.116, 18.124 and 18.128:
1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any
combination of the following uses:
a. Full service gas station with automobile repair services.
b. Welding shop.
c. Mini -storage units
2. Expansion of a nonconforming use listed in section B(1)(a-c), existing as of 11/05/02, the date this
chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the building as
of said date, whichever is greater.
C. Definitions. For the purposes of DCC 18. 764.120, the following definitions shall apply:
1. Landscaping business/service: Includes designing landscapes, site grading and preparation, placing
boulders, planting trees and shrubbery, installing sod, installing irrigation systems and equipment,
installing fencing, and landscape maintenance, but does not include on-site cultivation of plants or
plant materials or any on-site retail sales.
2. Health care service: A business providing the diagnosis, treatment and care of physical and/or
mental disease, injury and/or disability, but not including a hospital facility or a nursing home as
defined in DCC 18.04.
3. Beauty Shop: A full service beauty salon which would include haircuts, permanents, washes, nails,
etc., and the retail sales of incidental beauty supplies typical of any beauty salon.
4. Mini -storage units: Self service mini -storage units of various sizes from 5' x 10' up to 12' x 24'.
5. Video store: The sale and rental of videotapes, compact disc movies and audio books.
6. Laundry and dry cleaners: Dry cleaners, shirt laundry and Laundromat with self-service washers
and dryers along with the sale of detergents, bleaches, etc.
7. Post office: United States Postal Service office including mail pick-up and distribution.
8. Party supply: The sale and rental of party supplies such as balloons, streamers, costumes, dishes,
linens and silverware.
9. Equipment sales and rental: The rental of construction, home repair and maintenance equipment
such as ladders, mowers, saws, gardening supplies, etc., and the sales of related equipment.
10. Appliance store: The sale and service of household appliances such as televisions, ranges,
refrigerators, etc.
11. Bank: Full service consumer bank for checking, savings, loans, safety deposit boxes, etc.
12. Exterminator: Exterminator of insects and other pests such as rodents, spiders, etc.
13. Private mailing and packaging store: Private mail boxes and packaging services, which would
include the holding and distribution of mail, packing, mailing supplies, FEDEX and UPS pick-up,
and FAX and copy machine availability.
14. Bakery: The manufacture and sale of bread, donuts and pastries.
15. Pet and livestock supplies: The sale of pet supplies such as dog and cat food, collars, grooming
needs, shelters and some large animal supplies such as hay, feeds and grains.
PAGE 3 OF 6 — EXHIBIT "A" TO ORDINANCE 2008-008 (1/28/08)
EXHIBIT "A"
(Ord. 2008-008 § 1, 2008; Ord. 2006-008 § 7, 2006; Ord. 2002-019 § 2, 2002; Ord. 97-015 § 1, 1997; Ord.
96-046 § 1, 1996; Ord. 96-023 § 1, 1996)
Section 18.74.027. Uses allowed -Permitted in Pine Forest and Rosland Rural Commercial Zones.
A. Uses Permitted Outright. Any use listed as a use permitted outright by DCC 18.74.020(A).
B. Uses Permitted subject to Site Plan Review. The following uses and their accessory uses are permitted
subject to the applicable provisions of this chapter and DCC 18.116 and 18.124:
1. A building or buildings each not exceeding 2,500 square feet of floor space to be used by any
combination of the following uses that serve the surrounding rural area or the travel needs of
persons passing through the area:
a. Eating and drinking establishments.
b. Retail store, office and service establishments.
2. Expansion of a nonconforming use existing as of 11/05/2002 shall be limited to 2,500 square feet or
25 percent of the size of the building (or portion of the building) housing the nonconforming use as
of said date, whichever is greater.
3. A building or buildings each not exceeding 3,500 square feet of floor space to be used by any
combination of the following uses:
a. Sales of agricultural or farm products.
b. Farm machinery sales and repair.
c. Kennel or veterinary clinic.
d. Automobile service station, repair garage, towing service, fuel storage and fuel sales.
e. Public or semi-public use.
f. Residential use in the same building as a use permitted in this chapter.
g. Park or playground.
4. Expansion of a nonconforming use existing as of 11/05/2002 shall be limited to 3,500 square feet
each or 25 percent of the size of the building (or portion of the building) housing the nonconforming
use as of said date, whichever is greater.
C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable
provisions of this chapter and DCC 18.116, 18.124 and 18.128:
1. A building or buildings each not exceeding 3,500 square feet of floor space to be used by any of the
following uses:
a. Home occupation as defined in DCC 18.04.
b. Utility facility.
c. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
d. Child care center.
e. Church.
f. School.
2. Recreational vehicle park.
3. Mini -storage facilities limited to 35,000 square feet in size.
(Ord. 2008- 008 § 1, 2008,Ord. 2007-007 § 1, 2007; Ord. 2003-080, § 1, 2003)
18.74.030. Development standards.
A. Yard Standards.
1. Front Yard. The front yard shall be 20 feet for a property fronting on a local road right-of-way, 30
feet for a property fronting on a collector right-of-way and 80 feet for a property fronting on an
arterial right-of-way.
PAGE 4 OF 6 — EXHIBIT "A" TO ORDINANCE 2008-008 (1/28/08)
EXHIBIT "A"
2. Side Yard. A side yard shall be a minimum of 10 feet, except a lot or parcel with a side yard
adjacent to land zoned exclusive farm use or forest use shall have a minimum side yard of 50 feet.
3. Rear Yard. The minimum rear yard shall be 20 feet, except a lot or parcel with a rear yard adjacent
to land zoned exclusive farm use or forest use shall have a minimum side yard of 50 feet.
B. Existing Residential and Commercial Lots.
On-site sewage disposal. For existing lots or
parcels, an applicant shall demonstrate that the
lot or parcel can meet DEQ on-site sewage
disposal rules prior to approval of a site plan or
conditional use permit.
C. New Lot Requirements
1. Residential Uses.
a. The minimum lot size is one (1) acre.
b. On-site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or
parcel can meet DEQ on-site sewage disposal rules prior to final approval of a subdivision or
partition.
c.
shall not exceed twenty five (25) percent of the total lot area. Lot coverage for buildings used
2. Commercial and Public Uses.
a. The minimum lot size for a commercial use served by an on-site septic system and individual
well or community water system shall be the size necessary to accommodate the use.
b. Each lot shall have a minimum width of 150 feet.
c. On-site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or
parcel can meet DEQ on-site sewage disposal rules prior to final approval of a subdivision or
partition.
D. Solar Setback. The setback from the north lot line shall meet the solar setback requirements in DCC
18.116.180.
E. Building Code Setbacks. In addition to the setbacks set forth herein, any greater setbacks required by
the applicable building or structural codes adopted by the State of Oregon and/or the County under DCC
15.04 shall be met.
F. Lot Coverage.
1.. Lot coverage for dwellings and accessory buildings used primarily for residential purposes shall
not exceed twenty-five (25) percent of the total lot area.
2. Lot coverage for buildings used primarily for commercial and industrial purposes shall be
determined by spatial requirements for sewage disposal, landscaping, parking, yard setbacks and
any other elements under site plan review.
3. •_ _ . _ _ : _: - :Primary and accessory buildings to be used for purposes
other than residential, commercial or industrial located on any lot or parcel shall not cover more
than 30 percent of the total lot or parcel.
G. Building Height. No building or structure shall be erected or enlarged to exceed thirty (30) feet in
height, except as allowed under DCC 18.120.040.
H. Off -Street Parking and Loading. Off-street parking and loading shall be provided subject to the
provisions of DCC 18.116, Supplementary Provisions.
PAGE 5 OF 6 — EXHIBIT "A" TO ORDINANCE 2008-008 (1/28/08)
EXHIBIT "A"
I. Outdoor Lighting. All outdoor lighting on site shall
Outdoor Lighting Control.
J. Signs. All signs shall be constructed in accordance with
(Ord. 2008- 008 § 1, 2008,Ord. 2007-007 § 1, 2007; Ord.
Ord. 2002-019 § 2, 2002)
18.74.050. Maps.
(Ord. 2007-007 § 2, 2007)
(Ord. 2003-080 § 1, 2003)
(Ord. 2002-019 § 2, 2002)
be installed in conformance with DCC 15.10,
DCC 15.08, Signs.
2006-008 § 7, 2006; Ord. 2003-080§ 1, 2003,
PAGE 6 OF 6 — EXHIBIT "A" TO ORDINANCE 2008-008 (1/28/08)
EXHIBIT "B"
18.128.300. Mini -Storage Facility.
A. Each individual space for rent or sale shall be less than 1000 square feet.
B. Mini -storage shall be limited to dead storage. Outside storage shall be limited to boats,
recreational vehicles and similar vehicles placed within designated spaces on an all-weather
surfaced area which is surrounded by a sight -obscuring fence at least six feet in height.
C. Yards shall be permanently landscaped.
D. Yard dimensions adjacent to residential zones shall be the same as required yards within the
residential zone.
E. Ono parking spaco for each 25 storage spaces shall bo located at the project office for use by
customers.Parking shall be provided for office space associated with the mini -storage facility at
one (1) space for every 300 square feet of office space. A minimum of two (2) parking spaces
shall be provided for all mini -storage facilities regardless of office size.
F. All structures shall be fenced and visually screened.
G. Traffic lanes shall be 12 feet wide with an additional 10 -foot parking lane, except where the
traffic lane does not serve the storage units. All areas provided for vehicle access, parking and
movement shall be improved to minimum public road standards.
H. A residence for a caretaker or 24-hour on-site manager is permitted.
I. There shall be only one access from each adjacent street.
J. Outside lighting, including shading to prevent glare on adjacent properties, may be required for
safety and security purposes.
(Ord 2008-008 § 2, 2008; Ord. 2001-025 §1, 2001; Ord. 95-075 §1, 1995; Ord. 91-038 §3, 1991)
PAGE 1 OF 1 — EXHIBIT "B" TO ORDINANCE 2008-008 (1/28/08)
EXHIBIT "C"
Community Development Department
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
STAFF REPORT
DATE: January 28, 2007
TO: Deschutes County Board of County Commissioners
FROM Kristen Maze, Associate Planner
Community Development Department
SUBJECT: Work Session for Mini Storage Facilities, TA -06-9
PURPOSE
The Deschutes County Board of County Commissioners will hold a public hearing for the
proposed Mini Storage Facilities in Rural Commercial text amendment. This is a County
initiated text amendment that modifies Deschutes County Code Title 18, Section 18.74, Rural
Commercial to allow mini -storage up to 35,000 square feet in the Deschutes River Woods
Store, Deschutes Junction, Pine Forest and Rosland area and Section 18.128.300, Mini -
Storage Facility, modifying parking requirements for mini -storage facilities to reflect the current
parking standards for office use and clarifies the lot coverage requirements.
BACKGROUND
Prior to the Oregon Legislature adopting OAR 660-022 (Unincorporated Communities) in 1994,
Deschutes County had numerous Rural Service Centers. The purposes of OAR 660-022 were
to establish policies and definitions for Unincorporated Communities. During Periodic Review
and after public hearings, Deschutes County rezoned various properties as Unincorporated
Communities (UC) and placed them in Rural Commercial (RC) and Rural Industrial (RI) zones.
During the rezone process not all permitted or conditional uses were that had been allowed in
the Rural Service Center zone were included to the new UC and RC and RI zones.
The attached table shows the status of mini -storage as a permitted or conditional use in the four
types of UC and RC and RI zones. Currently, with the exception of Spring River which allows a
maximum 2,500 square foot mini -storage facility, mini -storage facilities in the Rural Service
Center and the RC zones are not recognized as a permitted or conditional use.
In October 2006 with assistance of Doug White Oregon Department of Land Conservation and
Development (DLCD), and Deschutes River Woods Store owner, Dave Jordan, staff initiated a
proposed amendment to allow mini -storage facilities on all properties within the RC zone and to
expand the current maximum building size limit to allow for such use. This amendment was
Quality Services Perforrned with Pride
presented to the Planning Commission in a work session on October 12, 2006. The Planning
Commission asked for more information about including mini -storage facilities in RC zones in
the County and expanding the current maximum building size based on a market study formula
for self -storage units by the Self Storage Association (ODE -SSA).
PLANNING COMMISSION RECOMMENDATION
On October 11, 2007, staff presented several options to the Planning Commission at a work
session. At the public hearing on December 17, 2007 the Planning Commission recommended
approval of the following proposal that would meet the intent of Goal 14, state law, and the
Deschutes River Woods Store owner:
• Allow mini -storage facilities in the Rural Commercial zone with a maximum square
footage not to exceed 35,000 square feet; and
• Revise the parking requirement in the mini -storage facilities conditional use standards to
provide parking based on the square footage of the office space associated with the
mini -storage; allow one space for every 300 square feet of mini -storage office.
• Clarify the lot coverage requirements in the Rural Commercial zone.
In addition to the proposal, the Planning Commission recommended a change to section
18.128.300 (E) to include a minimum of two (2) parking spaces be provided for all mini -storage
facilities regardless of office size.
PROPOSAL ANALYSIS
1. This amendment is driven by one known property owner who would like to construct a mini -
storage facility in the RC zone (Deschutes River Woods Store) outside an Unincorporated
Community. This zone currently permits commercial buildings with a maximum size of 3,500
square feet but does not allow mini -storage facilities.
2. Deschutes River Woods Store is not located in an Unincorporated Community (See Mini -
Storage Status Table). State Statute and Statewide Goal 14 require that rural uses outside
Unincorporated Communities be less intensive than uses inside Unincorporated
Communities.
3. Deschutes County Code currently only allows mini -storage as a conditional use in the Urban
Unincorporated Community of Sunriver, and the Rural Communities of Tumalo and
Terrebonne. The maximum square footage based on state statute is as follows:
• Sunriver -20,000 sq. ft.,
• Tumalo — 40,000 sq. ft.,
• Terrebonne — 10, 000 sq. ft.
Spring River, located in a RC zone, permits mini -storage with a maximum 2,500 square feet.
4. Deschutes County defines Commercial use and Industrial use is as follows:
• "Commercial use" means the use of land primarily for the retail sale of products or
services, including offices. It does not include factories, warehouses, freight terminals or
wholesale distribution centers.
2
• "Industrial use" means the use of land primarily for the manufacture, processing, storage
or wholesale distribution of products, goods or materials. It does not include commercial
uses.
Currently, the County permits mini -storage facilities in both industrial and commercial zones.
Mini -storage facilities fall under both definitions because they include a small office to
facilitate the sale of storage space, and include the storage of goods on site. Based on their
appearance and traffic patterns, mini -storage facilities warrant an industrial use zoning but
are also considered an acceptable commercial use because they provide a service to a
community.
5. OAR 660-022-0030 permits industrial uses up to 40,000 square feet in the Unincorporated
Communities. The DLCD may acknowledge a use in the RC zone that is less intensive than
uses allowed in Unincorporated Communities because the less intensive use will be
consistent with Goal 14 since it can be demonstrated that the use is intended to serve the
community and surrounding rural area.
6. Based on the Unincorporated Community of Tumalo's Rural Industrial maximum square
footage of 40,000 the Rural Commercial zone that is applied to Deschutes River Woods
Store and Deschutes Junction, which are outside the UC adequately meets the intent of
both Goal 14 and OAR 660-022. The building intensive use of a mini -storage facility
resembles an industrial use, although this facility provides a community service similar to a
commercial use.
7. The proposed text amendment recommended for approval by the Planning Commission
includes :
• Allowing Mini -storage up to 35,000 square feet with a conditional use permit in the
Rural Commercial zones for Deschutes River Wood Store, Deschutes Junction, and
Pine Forest and Rosland areas.
• Changing the parking requirements in Section 18.128.300 (E) to be associated with
the mini -storage office space that would require one (1) space for every 300 square
feet of office space, and a minimum of two (2) parking spaces for all mini -storage
facilities regardless of office space.
8. Additional amendment to the Rural Commercial Code (DCC 18.74) would include:
• permitting lot coverage for residential purposes to not exceed 25 percent of the total lot
area, and
• lot coverage for buildings used primarily of commercial and industrial purposes will be
determined by requirements for sewage disposal, landscaping, parking and yard
setbacks and other elements under site plan review (See Attached Proposed Text
Amendment Language Section 18.74.030 (F).
9. This proposal represents an approach that will address the Deschutes River Woods Store
owner's intent while meeting requirements of state law, Goal 14, and Deschutes County
Code. Comp Plan
3
NOTIFICATION
Notice of the proposed text amendment was sent to all property owners within the Rural
Commercial zone in accordance with Title 22 Section 22.12.202(A).
FINDINGS:
Review Criteria
The proposed amendment revises Deschutes County Code Title 18 to permit mini -storage
facility use consistent with Goal 14 and OAR 660-022-0030 (4). Deschutes County lacks
specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative zoning text amendment.
Therefore, the county must determine that the proposed Title 18 text amendments are
consistent with state statute, the Statewide Planning Goals and the County's Comprehensive
Plan. The parameters for evaluating these text amendments are based on whether there are
adequate factual findings that demonstrate this consistency.
STATEWIDE PLANNING GOALS:
Goal 1 — Citizen Involvement. To develop a citizen involvement program that insures the
opportunity for citizens to be involved in all phases of the planning process.
Finding: Goal 1 is satisfied through the County text amendment process that includes a
Planning Commission work session, followed by a Planning Commission public hearing,
completed with County Board of Commissioners work session and public hearing.
Goal 2 — Land Use Planning. To establish a land use planning process and policy
framework as a basis for all decision and actions related to use of land and to assure an
adequate factual base for such decisions and actions.
Finding: 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 goal
exceptions are necessary because the areas where this use will be allowed are already
zoned for rural commercial uses, the proposed additional use in the Rural Commercial zone
is a commercial use and the standards for the proposed additional use are less intensive
than for the same use in an urban unincorporated community. Therefore, the addition of
mini -storage facilities to the Rural Commercial zone is consistent with the goals. The staff
report and accompanying materials contain the necessary facts for adoption of the proposed
Text Amendments.
Goal 3 — Agricultural Lands. To preserve and maintain agricultural lands.
Finding: This Statewide Planning Goal is not applicable to since the zones have all been
granted exceptions to Goal 3.
Goal 4 — Forest Lands. To conserve forest lands by maintaining the forest land base and
to protect the state's forest economy by making possible economically efficient forest
practices that assure the continuous growing and harvesting of forest tree species as the
leading use on forest land consistent with sound management of soil, air, water, and fish
and wildlife resources and to provide for recreational opportunities and agriculture.
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Finding: This Statewide Planning Goal is not applicable since the zones have aII been
granted exceptions to Goal 4.
Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces. To protect
natural resources and conserve scenic and historic areas and open spaces.
Finding: There are no Goal 5 Resources identified on the properties that would be affected
by this Text Amendment.
Goal 6: Air, Water and Land Resources Quality. To maintain and improve the quality of
the air, water and land resources of the state.
Finding: The proposed Text Amendments will have no effect upon the air, water and land
resources quality in Deschutes County because the areas where these facilities will be allow
are already zoned for commercial uses. The facilities would likely reduce the distance that
people will have to travel to secure a storage facility for their personal property because the
property owner and their tenants in the surrounding rural neighborhoods are the likely users
of the facility. Water needs will be minimal because this facility will have only one on-site
office facility.
Goal 7: Areas Subject to Natural Hazards. To protect people and property from natural
hazards.
Finding: The proposed Text Amendments will have no effect on areas subject to natural
hazards because, other than the normal fire dangers attributable to any property, no natural
hazards have been identified for the Rural Commercial zones.
Goal 8: Recreation Needs. To satisfy the recreational needs of the citizens of the state
and visitors and, where appropriate, to provide for the siting of necessary recreational
facilities including destination resorts.
Finding: This is not a destination resort or recreational facility; therefore this Statewide
Planning Goal is not applicable to this Text Amendment.
Goal 9: Economic Development. To provide adequate opportunities throughout the state
for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's
citizens.
Finding: This Text Amendment will provide for the ability of the affected property owners to
implement a Commercial/Industrial use in the Rural Commercial Zone. Further, this
proposed Text Amendment increases the size of mini -storage facilities that can be permitted
in the Rural Commercial Zone. Therefore, there will be job opportunities created through
the planning, construction and operation of such facilities.
Goal 10: Housing. To provide for the housing needs of citizens of the state.
Finding: This Statewide Planning Goal is not applicable to this Text Amendment because
this is not a housing use.
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Goal 11: Public Facilities and Services. To plan and develop a timely, orderly and
efficient arrangement of public facilities and services to serve as a framework for urban
and rural development.
Finding: The affected properties are outside of Urban Growth Boundaries and will not be
served through extensions of urban services unless they already exist; therefore Statewide
Planning Goal is not applicable to this Text Amendment.
Goal 12: Transportation. To provide and encourage a safe, convenient and economic
transportation system.
Finding: The proposed Text Amendments will have no effect on the transportation system
because there are no new roads being proposed with these amendments. Specific
proposals within the affected zoning district in the future may require transportation analyses
as part of the application process.
Goal 13: Energy Conservation. To conserve energy.
Finding: The proposed amendments will aid in energy conservation because the property
owners and their tenants in the surrounding rural neighborhoods are the likely users of the
facility, thereby reducing the amount of energy consumed to transport personal property to
the storage facilities.
Goal 14: To provide for an orderly and efficient transition from rural to urban land use, to
accommodate urban population and urban employment inside urban growth boundaries,
to ensure efficient use of land, and to provide for livable communities.
Finding: The county must address Goal 14 because the goal provides the necessary
parameters for determining whether the proposed text amendment is consistent with the
county's comprehensive plan and because the Goal provides the guidelines as to what
types of commercial facilities might be allowed in rural areas. One of the requirements is to
show how the size of the proposed Mini -Storage Facilities will remain compliant with Goal 14
and not provide a use that would be better suited for an urban area. The size of the mini
storage within the affected zone does not constitute an "urban level of development." The
proposed text amendment will allow less intensive building that limits the size of the self -
storage so it is consistent with both Goal 14 and OAR 660-022-0030(4) since it is intended
to serve the community and surrounding rural area.
Statewide Planning Goals 15 —19 are related to resources not located in Central Oregon
and, therefore are goals that do not apply to Deschutes County
DESCHUTES COUNTY COMPREHENSIVE PLAN:
Based on the Comprehensive Plan Rural Development policy which states "All development in
Deschutes County shall comply with all applicable state and federal rules, regulations and
standards" the proposed amendment will have no affect on Deschutes County Comprehensive
Plan goals and policies. It is consistent with the goal to develop less intensive commercial uses
outside the Unincorporated Communities in conformance with OAR 660-022.
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RECOMMENDED ACTION:
Staff recommends that the Board of County Commissioners:
1. Open the public hearing and listen to testimony,
2. Provide staff direction for changes to the proposed Rural Commercial zone and Mini -
Storage Facility text amendment, and
3. Approve the proposed amendment.
Attachments
1. Mini -storage Status Table
2. Ordinance 2008-008
3. DCC 18.128.300 Text Changes
4. DCC 18.74 Text Changes
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