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HomeMy WebLinkAboutOrdinance 001 - Bend UGB - Code Language - Exhibit AEXHIBIT “A” PAGE 1 OF 6 – EXHIBIT “A” TO ORDINANCE 2009-001 (1/26/09) Chapter 23.48. URBANIZATION 23.48.010. Urbanization. 23.48.020. Goals. 23.48.030. Urban Growth Boundary Policies. 23.48.040. Urban Reserve Area Policies 23.48.010. Urbanization. A major emphasis in Oregon's land use planning is locating the majority of new development in urban areas. The rural areas are primarily to be protected for natural resource utilization. Between the urban areas (incorporated cities) and the rural areas lies what is referred to as the urbanizing area. Usually under the jurisdiction of the County, this is the area where the future population will be located and where the city's services must be extended. In Deschutes County the three incorporated cities have been given the authority, by the County, to prepare plans for their respective urban areas. These plans are coordinated with the County's planning effort and will eventually be adopted as part of the County's comprehensive plan. In addition to a plan each city also prepares an urban area zoning ordinance and a cooperative agreement for mutually administering the urbanizing area. All three incorporated cities were growing at rapid rates by the time the Deschutes County Year 2000 Comprehensive Plan was adopted in 1979. At that time, the County estimated Bend’s urban area contained a population of 33,000 people, Redmond’s was approximately 7,500, and Sisters’ approximately 900. All of the cities were expected to continue their growth to the year 2000. The 2000 Census results for Bend, Redmond, and Sisters were 52,029, 13,481, and 959, respectively. In 2000, 58 percent of the County’s population lived in urban areas. By the year 2025, the County’s population is forecasted to reach 240,811 people. This forecast includes 109,389 people in Bend, 45,724 people in Redmond, and 3,747 people in Sisters. If population growth occurs as forecasted, 66 percent of the County’s population will reside in urban areas by 2025. In 2000 Sisters, 1% Nonurban, 41% Redmond, 13% Bend, 45% By 2025 Nonurban, 34% Sisters, 2% Redmond, 19% Bend, 45% Such growth will undoubtedly create severe problems for the provision of public services and adequate amounts of residential, commercial and industrial lands. Other problems are the protection of important aesthetic values, needed improvements in appearance and function of existing developments, safety and aesthetic problems, as well as energy and service costs, created by strip development; and problems with coordination and cooperation between the various agencies serving the public in urban areas, a problem which already exists. Some opportunities also exist. Cities in Deschutes County are located in one of the most beautiful and livable environments in the State. All of the communities have within their authority the power to guide their community's growth for the public's benefit. Cooperation and mutual effort between the cities, special districts EXHIBIT “A” PAGE 2 OF 6 – EXHIBIT “A” TO ORDINANCE 2009-001 (1/26/09) and the County could mean urban environments that not only function efficiently but are attractive and desirable places to live. The purposes of DCC 23.48 are to provide the link between the urban and rural areas, and to provide some basic parameters within which the urban areas of Deschutes County shall develop, although the specific urban area plan for each community shall be the prevailing document for guiding growth in its respective area. These policies will permit the County to review each urban area plan against common criteria and assure consistency County-wide. (Ord. 2004-012 § 4, 2004; Ord. 2002-005 § 1, 2002; Ord. 2000-017 § 1, 2000; Ord. 92-051, 1992; PL-20, 1979) 23.48.020. Goals. 1. To provide for an orderly and efficient transition from rural to urban lands. 2. To assure that planning and implementation of plans in the urban areas are consistent with the best interest of both urban and urbanizing area residents. 3. To retain and enhance the character and quality of the urban areas as growth occurs. To recognize and respect the unusual natural beauty and character of the area. 4. To provide a sound basis for urbanization by establishing proper relationships between residential, commercial, industrial and open land uses; fostering intergovernmental cooperation; and providing an efficient transportation system. 5. To retain and enhance desirable existing areas and to revitalize, rehabilitate and redevelop less desirable existing areas; to encourage and promote innovations in development techniques in order to obtain maximum livability and excellence in planning and design for development. 6. To recognize the City of Redmond Comprehensive Plan as the policy document that provides the basis for implementing land use plans and ordinances in Redmond’s Urban Growth Boundary. The general purpose is to provide for one principal means of implementing the Redmond Comprehensive Plan. 7. To recognize the City of Bend Comprehensive Plan as the policy document that provides the basis for implementing land use plans and ordinances in Bend’s Urban Growth Boundary. The general purpose is to provide for one principal means of implementing the Bend Comprehensive Plan. (Ord. 2008-028 § 1, 2008; Ord. 2006-018 §1, 2006; Ord. 2002-005 § 1, 2002; Ord. 2000-017 § 1, 2000; Ord. 92-051, 1992; PL-20, 1979) 23.48.030. Urban Growth Boundary Policies. 1. Urbanization. Urbanization policies refer to an unincorporated urban growth areas within an urban growth boundary but outside the boundaries of a city, and are intended to assist in the decision making about the conversion of rural to urban uses, and to help in the development of consistent urban area plan. More detailed policies for the urban areas of Bend, Redmond and Sisters are specified in the urban area plans and they shall be the primary documents for coordination and land use decisions in their respective areas. a. Urban growth boundaries identify and separate urbanizable land from rural land. Conversion of urbanizable land to urban uses shall be based on consideration of: 1. Orderly and economic provision for public facilities and services; 2. Availability of sufficient land for the various uses to insure choices in the marketplace; and 3. Encouragement of development within urban areas before conversion of urbanizable areas. b. Urban growth boundaries shall be established or expanded based upon the following: 1. Demonstrated need to accommodate long-range urban EXHIBIT “A” PAGE 3 OF 6 – EXHIBIT “A” TO ORDINANCE 2009-001 (1/26/09) population growth requirements consistent with LCDC goals; 2. Need for housing, employment opportunities and livability; 3. Orderly and economic provision for public facilities and services; 4. Maximum efficiency of land uses within and on the fringe of the existing urban area; 5. Environmental, energy, economic and social consequences; 6. Retention of agricultural land as defined, with Class I being the highest priority for retention and Class VI the lowest priority; and, 7. Compatibility of the proposed urban uses with nearby agricultural activities. 2. Coordination. a. Within an urban growth boundary City and County land use regulations and standards shall be mutually supportive, jointly proposed and adopted, administered and enforced, and plans to integrate the type, timing and location of development of public facilities and services in a manner to accommodate demand as urbanizable lands become more urbanized, and to guide the community's growth. b. Urban development shall be permitted in areas where services are available or can be provided in a manner which will minimize costs related to necessary urban services such as schools, parks, highways, police, garbage disposal, fire protection, libraries and other facilities and services. c. Deschutes County adopts by reference the goals, policies, programs, elements, and statements of intent of the Redmond Comprehensive Plan, the officially adopted comprehensive plan for the City of Redmond and its surrounding Urban Growth Boundary. d. Deschutes County adopts by reference the goals, policies, programs, elements, and statements of intent of the Bend Comprehensive Plan, the officially adopted comprehensive plan for the City of Bend and its surrounding Urban Growth Boundary. 3. Residential development. a. Residential developments should be located so that they are convenient to places of employment and shopping facilities, and they should be developed in ways which are consistent with the character of the topography and soils on the site. Residential areas should offer a wide variety of housing densities in locations best suited to each. b. Residential densities indicated on general plans should be respected and reflected in City and County codes, ordinances and development policies. c. In residential areas, development should be encouraged which have side yards or rear yards along arterial streets as a means of reducing congestion through turning movements in and out of driveways. d. Higher density residential areas should be concentrated near commercial services and public open space. 4. Commercial. a. Commercial facilities should be allocated in a reasonable amount and in a planned relationship to the people they will serve. Any future expansion of commercial uses should be developed as centers rather than strips and very carefully considered so that they do not cause unnecessary traffic congestion and do not detract from the appearance of the community. b. Neighborhood commercial shopping areas, parks, school and public uses may be located within residential districts and should have development standards which recognize the residential area. Development standards should be EXHIBIT “A” PAGE 4 OF 6 – EXHIBIT “A” TO ORDINANCE 2009-001 (1/26/09) established for those commercial uses which will provide off-street parking, landscaping, access control, sign regulations and design review. c. Strip commercial developments along highways should not be extended. Commercial uses along major streets and highways shall be subject to special development standards relating to landscaping, setbacks, signs and median strips. No further commercial development outside urban growth boundaries, rural service centers, planned developments, or destination resorts shall be permitted. d. All commercial shopping centers shall be subject to special development standards relating to setbacks, landscaping, physical buffers, screening, access, signs, building heights and design review. Care shall be taken to control the size of any new commercial developments that may be required as growth occurs. Sites shall not be oversized to a point where additional uses which would generate traffic from outside the intended service area are necessary to make the development an economic success. 5. Industrial. a. Community efforts should be directed toward preserving prime industrial lands for industrial purposes. Industrial areas shall be protected from incompatible commercial and residential uses. b. Industrial areas of the community shall be located where necessary services can be provided and with good access to transportation facilities. c. Community efforts should be directed toward improving the general appearance of commercial and industrial areas so that they make a positive contribution to the environment of the community. d. Industrial areas shall provide for new industry in a park-like setting. e. All industrial centers shall be subject to special development standards relating to setbacks, landscaping physical buffers, screening, access, signs, building heights and design review. 6. Community appearance. a. Because of slow natural growth and their effective use as a visual and noise buffer, and their relationship to air quality, trees or stands of trees shall be protected whenever feasible in industrial, commercial, residential and other urban developments. b. Community appearance shall continue to be a major concern. Landscaping, sign regulations and building design review shall contribute to an improved environment. Major natural features such as rock outcrops, stream banks, canyons, or stands of trees should be preserved as a community asset as the area develops. c. Attempts by each community to identify those characteristics which give the community its individual identity and to preserve and expand those characteristics as growth occurs shall be encouraged by the County. d. Sign regulations shall be adopted which limit the size, location and number of signs in commercial and industrial areas and have amortization provisions to remove existing signs which do not conform with the regulations within a reasonable period of time. 7. Urban transportation. a. Expressways and arterial streets should have landscaped median strips wherever possible together with left-turn refuge lanes. Public transportation routes should be encouraged throughout the area and, if necessary, special provisions made in street design to accommodate ways. b. Streets and highways should be located and constructed in a manner EXHIBIT “A” PAGE 5 OF 6 – EXHIBIT “A” TO ORDINANCE 2009-001 (1/26/09) which will accommodate both current and future traffic needs. Implementation of arterial and collector road systems should be joint County and City effort with strict time schedules and priorities. c. Interurban transportation facilities should be located in or near the central business district or main highway. Special consideration will be needed to evaluate public transportation needs and possibilities within the urban area. d. Except for major arterial and collector streets, street patterns in residential areas should be designed to provide convenient access to each living unit but not encourage through-traffic. Major and collector streets should be secured and developed under a strict time frame so that a reasonable circulation pattern will result. e. Provisions should be considered which will permit mass transit vehicles on arterial and collector streets within residential areas in the future. 8. Facilities and services. a. Efforts should be made over a sustained period of time to place utility lines underground in existing and new residential areas. b. Parks should be located within walking distance of every dwelling unit in the community. Parks should be centrally located and easily accessible to the areas they are intended to serve (see Recreation). c. Certain private recreational uses such as golf courses or riding stables can be successfully integrated into residential areas provided the location, design and operation are compatible with surrounding residential developments. d. Fire protection in the planning area should be considered as a common problem by the City, County, water district and the fire protection district, and equipment should reflect the character of land uses in the community. e. Efforts should be made to encourage Federal and State agencies to locate in urban areas. f. Efforts should be made to group public offices in a more or less common location as a convenience to the public. 9. Other. a. In many cases, home occupations are a legitimate use within residential areas and should be permitted provided that the use displays no outward manifestations of business other an a small business sign attached to the wall of the house. b. Recreation vehicle storage should be permitted in planned residential areas and these facilities shall be landscaped and otherwise screened from adjacent residential uses. c. Consistent with policies in the Historic and Cultural chapter rehabilitation and/or redevelopment of older residential areas shall be encouraged. d. All development in Deschutes County shall comply with all applicable state and federal rules, regulations and standards. (Ord. 2008-028 § 1, 2008; Ord. 2006-018 § 1, 2006; Ord. 2005-023 § 1, 2005; Ord. 2002-005 § 1, 2002; Ord. 2000-017 § 1, 2000; Ord. 92-051, 1992; PL-20, 1979) 23.48.040. Urban Reserve Area Policies. 1. Redmond Urban Reserve Area. The following policies apply to the division and development of land in the area designated Redmond Urban Reserve on the County Comprehensive Plan map. a. The Redmond Urban Reserve Area (RURA) shall be designated with an urban reserve boundary located on the County’s Comprehensive Plan Map. b. The County shall implement the Urban Reserve Area designation through the application of a RURA Combining Zone. The text of this EXHIBIT “A” PAGE 6 OF 6 – EXHIBIT “A” TO ORDINANCE 2009-001 (1/26/09) combining zone shall be added and maintained in Title 18, County Zoning, of the Deschutes County Code. c. Until included in the Redmond Urban Growth Boundary, lands zoned Multiple Use Agricultural, Surface Mining, Rural Residential, or EFU in the RURA shall continue to be planned and zoned for rural uses, but in a manner that ensures a range of opportunities for the orderly, economic and efficient provision of urban services when these lands are included in the urban growth boundary. d. The County, by designating a RURA, shall adopt and implement land use regulations that ensure development and division of land in the Multiple Use Agricultural, Surface Mining or Rural Residential zoning districts, will not hinder the efficient transition to urban land uses and the orderly and efficient provision of urban services. These land use regulations shall include: 1. Prohibition on the creation of new parcels less than ten acres; 2. Regulations that prohibit zone changes or plan amendments allowing more intensive uses, including higher residential density, than permitted by the acknowledged zoning in effect as of the date of establishment of the urban reserve area. Such regulations shall remain in effect until such time as the land is included in the Redmond Urban Growth Boundary. e. Partitions of land zoned Exclusive Farm Use shall be allowed according to state law and the County Zoning Ordinance. f. The City of Redmond and Deschutes County shall adopt a RURA Agreement consistent with their respective comprehensive plans and the requirements of OAR 660-021-0050. g. New arterial and collector right-of- way established in the RURA shall meet the right-of-way standards of Deschutes County or the City of Redmond, whichever is greater. h. The siting of new development shall be regulated along existing and future arterial and collector right-of- way, designated on the County’s Transportation System Plan, for the purpose of ensuring the opportunity for future urban development and public facilities. i. The siting of a single family dwelling on a legal parcel is permissible if the single family dwelling would otherwise have been allowed under law, existing prior to the designation of the parcel as part of the Redmond Urban Reserve Area. j. City of Redmond shall collaborate with Deschutes County to assure that the County owned 1800 acres in the RURA is master planned before it is incorporated into Redmond’s urban growth boundary. (Ord. 2002-005 § 1, 2002; Ord. 2000-017 § 1, 2000; Ord. 92-051, 1992; PL-20, 1979; Ord. 2005-023 § 1, 2005)