HomeMy WebLinkAboutOrdinance 002 - Add Manufactured Home Park Use to CodeDeschutes County Board of Commissioners
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of AprilS, 2015
Please see directions for completing this document on the next page.
DATE: March 19,2015
FROM: Paul Blikstad Department CDD Phone # 6554
TITLE OF AGENDA ITEM:
Consideration of Second Reading by Title Only and Adoption of Ordinance No. 2015-002, Amending
Deschutes County Code Title 18 to Add a Manufactured Home/Recreational Vehicle Park Use to DCC
18.32.030.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
Gary Knight applied for an Ordinance Text Amendment to add the following use to the list of
Conditional Uses Permitted in the MUA-l 0 Zone in DCC 18.32.030:
DD: A new manufactured home/recreational vehicle park subject to Oregon Administrative Rules 660
004-040(7)(g) that:
1. Is on property adjacent to an existing manufactured homelrecreational vehicle park;
2. Is adjacent to the City of Bend Urban Growth Boundary; and
3. Has no more than 10 dwelling units.
The Board approved the request at their deliberations on March 16, 2015, and completed the First
Reading of Ordinance 2015-02. A second reading no less than 13 days from the First Reading is
required before adoption of the ordinance.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
MOTION 1: Second Reading by Title Only of Ordinance 2015-002.
MOTION 2: Adoption of Ordinance 2015-002
ATTENDANCE: Peter Gutowski and Legal Counsel
DISTRIBUTION OF DOCUMENTS:
Paul Blikstad, CDD
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 to Add a Manufactured HomelRecreational * ORDINANCE NO. 2015-002
Vehicle Park Use to DCC 18.32.030. *
WHEREAS, Gary Knight applied for an Ordinance Text Amendment (Planning Division File No. T A
14-2) to the Deschutes County Code (DCC) Title 18, Chapter 18.32, Multiple Use Agricultural Zone, to add a
Manufactured HomelRecreational Vehicle Park as a conditional use under DCC 18.32.030; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on October 9,
2014 and forwarded to the Deschutes County Board of Commissioners (Board), a recommendation of approval;
and
WHEREAS, the Board considered this matter after a duly noticed public hearing on March 4, 2015,
which was continued to March 16,2015, and concluded that the public will benefit from the proposed changes
to DCC Title 18; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Chapter 18.32 is amended to read as described in Exhibit "A,"
attached hereto and by this reference incorporated herein, with language to be deleted in strikethrough and new
language underlined.
Section 2. FINDINGS. The Board adopts as it findings in support of this Ordinance Exhibit "B,"
attached hereto and incorporated by reference herein.
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PAGE 1 OF 2 -ORDINANCE NO. 2015-002 (4/08/15)
Dated this of , 2015 BOARD OF COUNTY COMMISSIONERS ---------"
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, CHAIR
ALAN UNGER, VICE CHAIR
ATIEST:
Recording Secretary TAMMY BANEY, COMMISSIONER
Date of 1sl Reading: __day _____, 2015.
Date of 2 nd Reading: __day of ,2015.
Record of Adoption Vote
Commissioner Yes No
Anthony DeBone
Alan Unger
Tammy Baney
Abstained Excused
Effective date: __day of ,2015.
ATIEST:
Recording Secretary
PAGE 2 OF 2 -ORDINANCE NO. 2015-002 (4/08115)
18.32.030. Conditional Uses Permitted.
The following uses may be allowed subject to DCC 18.128:
A. Public use.
B. Semipublic use.
C. Commercial activities in conjunction with farm use. The commercial activity shall be
associated with a farm use occurring on the parcel where the commercial use is proposed. The
commercial activity may use, process, store or market fann products produced in Deschutes
County or an adjoining County.
D. Dude ranch.
E. Kennel and/or veterinary clinic.
F. Guest house.
G. Manufactured home as a secondary accessory fann dwelling, subject to the requirements set
forth in DCC 18.116.070.
H. Exploration for minerals.
I. Private parks, playgrounds, hunting and fishing preserves, campgrounds, motorcycle tracks and
other recreational uses.
J. Personal use landing strip for airplanes and helicopter pads, including associated hangar,
maintenance and service facilities. No aircraft may be based on a personal-use landing strip
other than those owned or controlled by the owner of the airstrip. Exceptions to the activities
permitted under this definition may be granted through waiver action by the Aeronautics
Division in specific instances. A personal use landing strip lawfully existing as of September 1,
1975, shall continue to be permitted subject to any applicable regulations of the Aeronautics
Division.
K. Golf courses.
L. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.
M. A facility for primary processing of forest products, provided that such facility is found to not
seriously interfere with accepted farming practices and is compatible with farm uses described
in ORS 215.203(2). Such a facility may be approved for a one-year period which is renewable.
These facilities are intended to be only portable or temporary in nature. The primary processing
of a forest product, as used in DCC 18.32.030, means the use of a portable chipper or stud mill
or other similar method of initial treatment of a forest product in order to enable its shipment to
market. Forest products, as used in DCC 18.32.030, means timber grown upon a parcel of land
or contiguous land where the primary processing facility is located.
N. Destination resorts.
O. Planned developments.
P. Cluster developments.
Q. Landfills when a written tentative approval by the Department of Environmental Quality (DEQ)
of the site is submitted with the conditional use application.
R. Time-share unit or the creation thereof.
S. Hydroelectric facility, subject to DCC 18.116.130 and 18.128.260.
T. Storage, crushing and processing of minerals, including the processing of aggregate into
asphaltic concrete or Portland cement concrete, when such uses are in conjunction with the
maintenance or construction of public roads or highways.
U. Bed and breakfast inn.
V. 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 18.128.270.
W. Churches, subject to DCC 18.124 and 18.128.080.
X. Private or public schools, including all buildings essential to the operation of such a school.
Y. Utility facility necessary to serve the area subject to the provisions ofDCC 18.124.
Z. Cemetery, mausoleum or crematorium.
Chapter 18.32 (4/2015)
Page 1 of2 -EXHffiIT A to ORDINANCE 2015-002
AA. Commercial horse stables.
BB. Horse events, including associated structures, not allowed as a permitted use in this zone.
cc. Manufactured home park or recreational vehicle park on a parcel in use as a manufactured
home park or recreational vehicle park prior to the adoption of PL-15 in 1979 and being
operated as of June 12, 1996, as a manufactured home park or recreational vehicle park,
including any expansion of such uses on the same parcel, as configured on June 12, 1996.
DD. A new manufactured home/recreational vehicle park, subject to Oregon Administrative Rules
660-004-0040(7)(g) that:
1. Is on property adjacent to an existing manufactured home/recreational vehicle park;
2. Is adjacent to the City of Bend Urban Growth Boundary; and
3. Has no more than 10 dwelling units.
OOEE. The full or partial conversion from a manufactured home park or recreational vehicle park
described in DCC 18.32.030 (CC) to a manufactured home park or recreational vehicle park on
the same parcel, as configured on June 12 1996.
BEFF. Wireless telecommunications facilities, except those facilities meeting the requirements of
DCC l8.116.250(A) or (B).
FFGG. Guest lodge.
GGHH.Surface mining of mineral and aggregate resources in conjunction with the operation and
maintenance of irrigation systems operated by an Irrigation District, including the excavation
and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated
materiaL
(Ord. 2015-002 § 1, 2015; Ord. 2009-018 § 1,2009; Ord. 2004-002 §4, 2004; Ord. 2001-039 §2,
2001; Ord. 2001-016 §2, 2001; Ord. 97-063 §3, 1997; Ord. 97-029 §2, 1997; Ord. 97-017 §2, 1997;
Ord. 96-038 §l, 1996; Ord. 94-053 §2, 1994; Ord. 94-008 §11, 1994; Ord. 93-043 §§4A and B,
1993; Ord. 92-055 §2, 1992; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 90-014 §§27 and
35, 1990; Ord. 91-005 §§19 and 20, 1991; Ord. 91-002 §7, 1991; Ord. 86-018 §7, 1986; Ord.
83-033 §2, 1983; Ord. 80-206 §3, 1980)
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Chapter 18.32 (4/2015)
Page 2 of2 -EXHffiIT A to ORDINANCE 2015-002
EXHIBIT "B"
FILE NUMBER:
TA-14-2
APPLICANT:
Gary Knight
REVIEW CRITERIA AND FINDINGS:
Legislative text amendments are subject to Chapter 22.12 of Title 22 of the Deschutes County
Code. DCC 22.12.010 specifies that no legislative changes shall be adopted without review by
the Planning Commission and a public hearing before the Board of County Commissioners. A
work session before the Planning Commission was conducted on Thursday. June 12. 2014. and
public hearings before the Planning Commission were held on July 10. August 28. and October
9.2014.
DCC 22.12.030 speCifies that initiation of a legislative change may be initiated by application of
individuals upon payment of required fees. The applicant paid the required text amendment fee.
DCC 22.12.050 states that all legislative changes shall be adopted by ordinance. If the
proposed language is approved by the Board of County Commissioners, an ordinance will be
drafted for their adoption.
Statewide Planning Goals
The following Statewide Planning Goals that could apply to the proposed text amendment are:
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.
The public hearing process for the proposed text amendment meets the goal of having citizen
involvement. Notice was published in the Bulletin newspaper, and citizens were allowed to
testify at the public hearing in front of the Planning Commission. as well as in front of the Board
of County Commissioners.
Goal 2, Land Use Planning. To establish a land use planning process and policy framework as
a basis for all decisions and actions related to use of land and to assure an adequate factual
base for such decisions and actions.
The County has established a text amendment process under the DCC Chapter 22.12,
Legislative Procedures. This includes review of the proposed ordinance text amendment by the
Planning Commission, and a public hearing in front of the Board of County Commissioners. In
this instance. there was also a public hearing in front of the Planning Commission.
Goal 10, Housing. To provide for the housing needs of citizens of the state.
Page 1 of5 EXHIBIT B to ORDINANCE 2015-002
The applicant has indicated that the proposed use of the property for a new manufactured home
park will provide some much needed low income housing for people in the area.
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.
The applicant believes that with the existing facilities already in place (water, electric, phone),
for his property, there will be an orderly and efficient arrangement of public facilities and
services. These utilities can be expanded to serve any new manufactured homes.
Goal 12, Transportation. To provide and encourage a safe, convenient and economic
transportation system.
The applicant has agreed to limit the number of dwelling units on his property to 10 units, which
combined with the three units already existing on the property, would mean 7 new units,
resulting in 44 average daily trips. No TPR findings are required based on the number of new
trips anticipated from a park with the 10-unit limitation.
Goal 14, Urbanization. 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.
As indicated above, in order to establish a new manufactured home park in the MUA-10 zone,
an exception to Goal 14, Urbanization, would be required. The normal density allowed in the
MUA-10 zone would be one dwelling per 10 acres. The applicant would have to qualify for a
goal exception under a separate application in order to establish a manufactured home park on
his property. Any other proposed new manufactured home park in the MUA-10 zone would also
require a Goal 14 exception.
Conformance with the Deschutes County Comprehensive Plan t
Deschutes County Comprehensive Plan
Chapter 1, Comprehensive Planning t
Section 1.2, Community Involvement Policies
Goal 1, Maintain an active and open community involvement program that is accessible to all
members of the community and engages the community during development and
implementation of land use policies and codes.
Policy 1.2.2, the Planning Commission will be the Committee for Community Involvement, with
County Support.
Policy 1.2.3, Encourage community participation in planning through a variety of tools and
techniques, including:
a. Post all planning applications, decisions, projects and plans on the County website;
Page 2 of5 -EXHIBIT B to ORDINANCE 2015-002
b. Provide staff reports for comprehensive plan and zoning text amendments to the public
in a timely manner.
e. Require pre-application meetings for comprehensive plan and zoning text amendments;
FINDING: The Planning Commission conducted public hearings on the proposed text
amendment, and the Board of County Commissioners will also conduct a public hearing on the
text amendment. The ordinance text amendment application is on the County's website. The
applicant conducted a pre-application meeting with staff.
Section 1.3, Land Use Planning Policies
Goal 1, Maintain an open and public land use process in which decisions are based on the
objective collection of facts.
Policy 1.3.2, Consider sustainability and cumulative impacts when creating and revising land
use policies and regulations
FINDING: A new park will need to be reviewed through conditional use permit and site plan
review applications, which would look at cumulative impacts.
Policy 1.3.3, Involve the public when amending County Code.
FINDING: The public is invited to attend the public hearings, which are open for anyone to
provide written and/or oral testimony.
Chapter 2, Resource Management
Section 2.5, Water Resource Policies
Goal 6, Coordinate land use and water policies
Policy 2.5.24, Ensure water impacts are reviewed and, if necessary, addressed for significant
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~ land uses or developments.
FINDING: Any proposed creation of a new park, will require review by the affected agencies,
such as the Oregon Water Resources Department, Oregon Health Division, and the County i Environmental Health Division. Depending upon the size of a new park, the use may not be 1
i considered significant.
i Section 2.7, Open Spaces, Scenic Views and Sites Policies
I Goal 1, Coordinate with property owners to ensure protection of significant open spaces and
scenic views and sites.
I Policy 2.7.5, Encourage new development to be sensitive to scenic views and sites.
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FINDING: The applicant ha\s property that is adjacent to Highway 97, a designated landscape
management corridor. As part of any review, Staff would require an applicant to retain as much I natural vegetation as possible to help preserve scenic views and sites. I
Chapter 3, Rural Growth Management
Page 3 of5 EXHIBIT B to ORDINANCE 2015-002
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Section 3.3, Rural Housing Policies
Goal 1, Maintain the rural character and safety of housing in unincorporated Deschutes County.
Policy 3.3.5, Maintain the rural character of the County while ensuring a diversity of housing
opportunities, including initiating discussions to amend State Statute and/or Oregon
Administrative Rules to permit accessory dwelling units in Exclusive Farm Use, Forest and
Rural Residential zones.
FINDING: The applicant is attempting to broaden the diversity of housing opportunities by
providing a lower income version of housing (manufactured homes or RV's). Staff believes that
with the limited number of existing parks in the county, combined with the difficulty of
establishing new parks (Goal 14 exception), the rural character of the County will be maintained.
Section 3.6, Public Facilities and Services Policies
Goal 1, Support the orderly, efficient and cost-effective siting of rural public facilities and
services.
Policy 3.6.8, Coordinate with rural service districts and providers to ensure new development is
reviewed with consideration of service districts and providers needs and capabilities.
FINDING: When a land use application has been submitted, staff notifies affected agencies of
the proposal, and solicits comments from them. Staff would also require "will serve" letters from
these service providers as part of the land use process.
Policy 3.6.9, New development shall address impacts on existing facilities and plans through the
land use entitlement process.
FINDING: An applicant for proposing a new park, would be required to address the existing and
future capabilities of the service providers, and obtain will serve letters from the affected
agencies.
Title18 of the Deschutes County Code
Chapter 18.32, Multiple Use Agricultural Zone
Section 18.32.010, Purpose
The purposes of the Multiple Use Agricultural Zone are to preserve the rural character of various
areas of the County while permitting development consistent with that character and with the
capacity of the natural resources of the area; to preserve and maintain agricultural lands not
suited to full-time commercial farming or diversified or part-time agricultural uses; to conserve
forest lands for forest uses; to conserve open spaces and protect natural and scenic resources;
to maintain and improve the quality of the air, water and land resources of the County; to
establish standards and procedures for the use of those lands designated unsuitable for intense
development by the Comprehensive Plan and to provide for an orderly and efficient transition
from rural to urban land use.
Page 4 of5 EXHIBIT B to ORDINANCE 2015-002
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FINDING: The applicant is requesting approval to amend the zoning ordinance to allow for
additional living units (either manufactured homes or recreational vehicles), which can provide
for lower income housing. The applicant would like to try and establish a new manufactured
home park. The applicant's property is located between Highway 97 and the rail road tracks,
which would not be desirable for most types of residential units. This property is also adjacent
to the existing urban growth boundary for Bend. A manufactured home park on the applicant's
property would appear to foster an orderly and efficient transition from rural to urban land use.
Chapter 18.136, Amendments
Section 18.136.010, Amendments
DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or
legislative map changes shall be as set forth in DCC 22.12. A request by a property owner for a
quasi-judicial map amendment shall be accomplished by filing an application on forms provided
by the Planning Department and shall be subject to applicable procedures of DCC Title 22.
FINDING: The applicant is proposing a legislative amendment to the Deschutes County Code,
as the effect of the amendment would potentially apply to other manufactured home/recreational
vehicle parks in the County zoned MUA-10. As stated in a foregoing finding, the proposed
amendment requires review by the County Planning Commission, and a public hearing in front
of the Board of County Commissioners. A public hearing in front of the Planning Commission
was also conducted on this request.
Page 5 of5 -EXHIBIT B to ORDINANCE 2015-002