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Home My WebLink About89-007-- f y a d f 89,04-0780 ti apt °4tw,v,., l BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Ordinance *`„ E:: No. PL -15, Deschutes County Zoning * " Ordinance of 1979, as Amended, if Amending the Text for a Zone Change* COUNITY C - f Allowing Planned Unit Developments Jj as a Permitted Use Within the ®n9 Planned Community -Multiple Family Residential District, and Declaring* an Emergency. ORDINANCE NO. 89-007 WHEREAS, Sunriver Properties Oregon, Ltd. proposed a zone change for a text amendment to Ordinance No. PL -15 allowing Planned Unit Developments within the Planned Community -Multiple Family Residential District; and WHEREAS, notice of hearing was given in accordance with law; and WHEREAS, the Hearings Officer held a hearing on the proposed zone change and text amendment on February 7, 1989; and WHEREAS, the Hearings Officer recommended that Planned Unit Developments be allowed as a permitted use within Planned Community -Multiple Family Residential Districts by decision dated February 17, 1989; and WHEREAS, the decision of the Hearings Officer has not been appealed; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. That Ordinance No. PL -15, Section 4.240 (2)(B)(1), be amended to read as follows: "(1) Permitted Uses. The following uses are permit- ted: (a) Two-family dwelling or duplex. (b) Multiple -family dwellings, apartment houses, and dwelling groups, including townhouses and condominiums. (c) Permitted uses in an RS District. (d) Planned unit developments subject to site plan review." 1 - ORDINANCE NO. 89-007 M!tI Section 2. That Ordinance No. PL -15, Section 4.240 (2)(B)(4)(b), be amended to read as follows: "(b) Townhouses, condominiums, zero lot line dwellings and apartments." Section 3. That Ordinance No. PL -15, Section 4.240 (2)(B)(4)(b)(i), be amended to read as follows: "i. There shall be no minimum lot area for apart- ments, townhouses, condominium developments or planned unit developments provided, however, that the overall density shall not exceed one dwelling for 2,000 square feet of land area." Section 4. That Ordinance No. PL -15, Section 4.240 (2)(B), be amended to add the following: "7. Planned Unit Developments (a) There shall be no minimum lot area for Planned Unit Development provided, however, that the overall density shall not exceed the density established by the Sunriver Master Plan or the Deschutes County Zoning Ordinance. (b) Setbacks. Yard setbacks, lot widths and lot coverage shall be determined at the time of site plan review. (c) The system of ownership and the means of developing, preserving and maintaining open space shall be adequate. (d) A phasing plan and documentation of suffi- cient funding shall be submitted during site plan review to insure completion of the project. (e) Uses within the Planned Unit Development shall be established by the Sunriver Master Plan for the RM District." Section 5. That the Board of County Commissioners adopts as its findings in support of the amendments set forth in Sections 1, 2 and 3 of this Ordinance the Findings and Recommendation of the Hearings Officer, as modified, dated February 17, 1989, attached hereto and by this reference incorporated herein as Exhibit "A". 2 - ORDINANCE NO. 89-007 0095 0855 Section 6. 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 45wday of �� . 1989. AT ST: Recording Secretary 3 - ORDINANCE NO. 89-007 BOARD OF COUNTY COMMISSIONERS OFSCHU ES COUN OREGON LIS B/ ISTOW PAKNTE, Chair TOM WROOP mmissioner R UD IN, ommissioner FILE: APPLICANT: PROPERTY OWNER: ATTORNEY: EXHIBIT "A" 1 0095 0856 1�-AG171.-,73 O FE81989 r " L La -s rn MAILED N DESCHUTES FI D NGS AND RECOHD TION ZC-88-7 Sunriver Properties Oregon, Ltd. PO Bx 3589 Sunriver, OR 97707 Same Robert S. Lovlien 40 NW Greenwood Bend, OR 97709-1151 REQUEST: An application for a Zone Change for a text amendment to Section 4.240(2)(B)(1), the Permitted Uses subsection of the Planned Community -Multiple Family Residential District, to establish Planned Unit Developments, PUDs, as a permitted use in this section. BURDEN OF PROOF: Sec. 4.240 of PL -15, the Deschutes County Zoning Ordinance, establishes the specific zones, uses and standards for areas within a Planned Community. Article X of PL -15 establishes standards and criteria for zone changes and Plan amendments. The Sunriver Master Plan designates these areas RM(10), RM(1), RM(6), and RM(7), RM-Quelah, as a Multiple Family Residential District in Sunriver. Sec. 10.025 of PL -15 contains the standards for rezoning FINDINGS: 1. Applicant proposes to add Planned Unit Developments, PVDs, as a permitted use in the Multiple Family Residential District (RM) of a Planned Community. 2. Sec. 10.025, PL -15, is complied with by the requested zone change in that the Plan requires preservation when necessary and development to occur with the least amount of adverse impact Page 1. FINDINGS AND RECOMMENDATION/SUNRIVER f on the environment and our quality of life. The addition of PUDs in the RM does not adversely impact the district because it is consistant with multi -family units, which are currently permitted. Public health and safety will be adequately protected because PUDs would be required to be developed through the Site Plan and Subdivision processes and would be regulated by the Sunriver restrictive covenants. 3. Sec. 10.025(4) requires a finding of a change in circumstance since the original zoning or a mistake. Applicant states that a mistake was made because PUDs were planned for the RM and inadvertently left out. This makes sense because PUDs are a natural land use in the effected district. 4. Applicant requests that Sec. 4.240(2)(B)4bi read: (i) There shall be no minimum lot area for apartments, townhouses, condominim developments or planned [unit] developments provided[,] however, that the overall density shall not exceed one (1) dwelling for 2,000 square feet of land area. 5. Applicant requests that Sec. -4-910"(2)(B)(7) read: 7. Planned Unit Developments (a) There shall be no minimum lot area for Planned Unit Developments provided, however, that the overall density shall not exceed the density established by the Sunriver Master Plan or the Deschutes County Zoning�Ordinance. (b) Setbacks: Yard setbacks, lot widths, and lot coverage, shall be determined at the time of Site Plan Review. (c) The system of ownership and the means of developing, preserving, and maintaining open space shall be adequate. (d) A phasing plan and documentation of sufficient funding shall be submitted during Site Plan Review to insure completion of the project. (e) Uses within the Planned Unit Development shall be established by the Sunriver Master Plan for the RM District. 6. Applicant requests that Sec. 4.240(2)(B)(1) read: (1) Permitted Uses_. The following uses are permitted: Page 2. FINDINGS AND RECOMMENDATION/SUNRIVER R 0095 0858 (a) Two-family dwelling or duplex. (b) Multiple -family dwellings, apartment houses, and dwelling groups including townhouses and condominiums. (c) Permitted uses in and RS District. (d) Planned Unit Developments subject to Site Plan Review. 7. The staff recommends that Sec. 4.240(2)(B)(4)(b) read: (b) Townhouses, Condominiums, Zero Lot Line Dwellings and Apartments. CONCLUSION: Applicant has met the zone change request criteria. RECOMMENDATION: Approval of the requests and recommendations as listed in the findings. THIS DECISION BECOMES FINAL TEN (10) DAYS AFTER THE DATE MAILED, UNLESS APPEALED BY A PARTY OF INTEREST PURSUANT TO COUN Y ORDINANCE. Greg He rix Land U Hearings Officer Page 3. FINDINGS AND RECOMMENDATION/SUNRIVER