Loading...
HomeMy WebLinkAbout81-007Owl n VOL JiME;"1 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending and Adding > F I L E Provisions to Ordinance No. ) 80-201, Redmond Urban Area Zoning ) k"AR Ordinance of 1980, as Amended by ) 4 1981 Ordinance No. 80-228; and Declaring ) an Emergency. ) ROSEMARY DESCHUTES PATTERSON ORDINANCE NO. 81-007 COUNTY CLERK THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. The definition of the words "access core area" as containe in Section 1.050, Definitions, is amended to read as follows: follows: follows: follows: Access Core Area: The boundaries of this area shall be as follows: The northern boundary shall be a line running east -west 1200 feet north of Maple Avenue; the western boundary shall be the Dry Canyon; the southern boundary shall be Highland Avenue; and the eastern boundary shall be the Burlington -Northern railroad line. Section 2. Section 3.010(6)(a) is amended to read as a. A front yard shall be a minimum of 15 feet measured from the foundation of a building, structure, or portion thereof used for dwelling purposes, and 25 feet from foundation of a building, structure or portion thereof used as a garage and the street right of way. Section 3. Section 3.020(6)(a) is amended to read as a. A front yard shall be a minimum of 15 feet measured from the foundation of a building, structure, or portion thereof used for dwelling purposes, and 25 feet from foundation of a building, structure or portion thereof used as a garage and the street right of way. Section 4. Section 3.030(6)(a) is amended to read as a. A front yard shall be a minimum of 15 feet measured from the foundation of a building, structure, or portion thereof used for dwelling purposes, and 25 feet from foundation of a building, structure or portion thereof used as a garage and the street right of way. ORDINANCE NO. 81-007, PAGE 1 follows: follows: A-0 "I VOL c �e PAGE :. 44 Section 5. Section 3.040(6)(a) is amended to read as a. A front yard shall be a minimum of 15 feet measured from the foundation of a building, structure, or portion thereof used for dwelling purposes, and 25 feet from foundation of a building, structure or portion thereof used as a garage and the street right of way. Section 6. Section 3.045(5)(e) is amended to read as e. Provided, however, housing exclusively designated for the elderly may have a density not to exceed 2,00.0 square feet of lot area per dwelling unit. Housing allowed under this provision shall be used by elderly persons exclusively. For the purpose of this subsection, an elderly person is a person 60 years of age or older. Any change in the use of housing allowed hereunder shall require a con- ditional use permit. Section 7. Section 3.045(5)(f), which reads as follows, is hereby added: follows: f. Each lot shall have minimum street frontage of 50 feet, except for lots fronting on a cul de sac turnaround said frontage may be reduced to 40 feet. This frontage shall be measured at the front yard setback. Section 8. Section 3.045(6)(a) is amended to read as a. A front yard shall be a minimum of 15 feet from the foundation of a building, structure, or portion thereof used for dwelling purposes, and 25 feet from the foundation of a separate building, structure or portion thereof used as a garage or other residential use to the street right of way. Section 9. Section 3.045(11), which readsas follows, is hereby added: (11), Transamerica Bike Route. No land use action or permit shall be allowed on adjacent lands to the Transamerica Bike Route that would unduly affect the purpose of the bike route. Section 10. Section 3.050(1)(c), which reads as follows, is hereby added: c. To allow for high-density residential development in these areas where such development will not adversely affect commercial development in the zone as a whole. ORDINANCE NO. 81-007, PAGE 2 Section 11. is hereby added: 0"7 M, k4 W VOL cj PAGE �Aj Section 3.050(2)(s), which reads as follows, s. Multi -family dwellings and multi -family dwelling complexes in that part of the C-1 Zone that lay east of Canal Blvd. and north of Maple Avenue. Development shall be in accord- ance with the R-5 Zone standards and Section 4.055. Section 12. Section 3.050(3)(j), which reads as follows, is hereby added: j. Utility facility. Section 13. Section 3.060(3)(0), which reads as follows, is hereby added: o. Utility facility. Section 14. Section 3.060(5)(d) is amended to read as follows: d. There shall not be more than one access from properties accommodating uses permitted by this section per 100 feet of street frontage on a collector or arterial inside the access core area, and not more than one access per 600 feet of street frontage on a collector or arterial outside of the access core area. In all cases, permitted uses shall be encouraged and may be required to share access. Section 15. Section 3.070(3)(1), which reads as follows, is hereby added: 1. Utility facility. Section 16. Section 3.070(4)(c) is amended to read as follows: c. Residential uses. The standards set forth in the R-5 Zone for density shall be used in deter- mining residential development in the C-3 Zone. Section 17. Section 3.070(4)(d) is amended to read as follows: d. Provided, however, housing exclusively designated for the elderly may have a density not to exceed 2000 square feet of lot area per dwelling unit. Housing allowed under this provision shall be used by elderly persons exclusively. For the purpose of this subsection, ary elderly person is a person 60 years of age or older. Any change in the use of housing allowed hereunder shall require a conditional use permit. ORDINANCE NO. 81-007, PAGE 3 Section 18. is hereby added: ttn. �+ VOL 0 iNGE x"46 Section 3.070(4)(e), which reads as follows, e. Landscaping shall cover 15 percent of the lot area. Section 19. Section 3.070(4)(a) is amended to read as follows: follows: a. Commercial/non-residential uses. Dimensional requirements shall be determined by requirements set forth by the Commission relative to off-street parking and loading, access, permitted outside display areas, landscaping and other customer environment facilities or improvements and require- ments relative to construction safety standards. No use or accessory use thereof, however, shall be permitted or create a hazard to vision clearance at a street -to -street or street -to -alley intersection. Section 20. Section 3.070(5)(c) is amended to read as C. There shall not be more than one access from properties accommodating uses permitted by this section per 100 feet of frontage on a collector or arterial. If necessary to meet this requirement, permitted uses shall provide for shared access. Section 21. Section 3.080(3)(p), which reads as follows, is hereby added: p. Utility facility. Section 22. Section 3.090(3)(0), which reads as follows, is hereby added: 0. Utility facility. Section 23. Section 3.090(4)(a) is amended to read as follows: a. Dimensional requirements shall be determined by requirements set forth by the Commission relative to off-street parking and loading, access, permitted outside display areas, land- scaping and other customer environment facilities or improvements, and requirements relative to facilities or improvements, and requirements relative to construction safety standards. No use or accessory use thereof, however, shall be permitted which will project into or over a street right-of-way or create a hazard to vision clearance at a street -to -street or street -to -alley intersection. ORDINANCE NO. 81-007, PAGE 4 Section 24. is hereby added: 0"7 rN VOL c3 AGE 7 Section 3.110(3)(0), which reads as follows, o. Utility facility. Section 25. Section 3.120(3)(s), which reads as follows, is hereby added: S. Utility facility. Section 26. Section 3.130(5)(e), which reads as follows, is hereby added: follows: e. An application for a conditional use in a P -R Zone shall be denied if the height of any structure or buildings unduly affects the natural and scenic features of the area. Section 27. Section 3.130(6) is amended to read as (6) Except for the development of public facilities and services, it shall be unlawful to fill, discard or store solid wastes of any kind, including but not limited to excavation, tailings, rubbish, auto bodies, junk and other similar materials, to store any materials which are unsightly within the canyon area, or to remove from the canyon area soil, trees, shrubbery, or other natural vegetation. Section 28. Section 3.160(7) is amended to read as follows: � (7) Open space. Open space within a planned unit development means the land area to be used for scenic, landscaping, or open recreational purposes within the development. Open space shall be adequate for the recreational and leisure needs and uses of the occupants and users of the planned unit development. To the maximum extent possible, the development plan and program shall assure the natural features of the land are preserved and landscaping is provided. In order to insure that open space will be permanent, dedication of the development right to Deschutes County may be required. Such instruments and documents guaranteeing the maintenance of open space shall be required by Deschutes County and shall be approved as to form by the Deschutes County Legal Counsel. Failure to maintain the open space or any other property set forth in the development plan and program shall empower Deschutes County to enter the property and bring said property up to the standards set forth in the development plan and program, and the County may assess the real property and improvements thereon located within the planned unit development for the cost of creating and maintaining said open and ORDINANCE NO. 81-007, PAGE 5 � ct VOL �i'AGE a •3 S recreational lands as set forth in the development plan and program at its option. Any assessment levied against the property shall become a lien against the property. If not paid within thirty days, the Deschutes County Clerk shall enter said lien in the lien docket in favor of the County for the a-nount of the assessment therein docketed plus interest. Section 29. Section 4.080(2)(g) is amended to read as follows: g. One sign on the building to which it relates for each street frontage and not exceeding an area equivalent to one square foot of sign area for each linear foot of the building facing the street that borders on the building site to a maximum sign area of 75 square feet. For building sites in which the principal use is not conducted within a building, a detached sign may be erected one square foot for each two linear feet of street frontage to a maximum of 75 square feet and with an allowable minimum of 25 square feet. Section 30. Section 7.040(10)(g) is amended to read as follows: g. A mobile home permitted in the park shall be provided with continuous skirting. Section 31. Section 9.020 is amended to read as follows; 9.020 APPLICATION FOR VARIANCE. A property owner may initiate a request for a variance by filing an application with the Planning Director using the forms prescribed in Article XI. The application shall be accompanied by a plan, drawn to a suitable scale, showing the condition to be varied and the dimensions and arrangement of the proposed develop- ment. The application shall be reviewed in the manner provided for in Article XI of this Ordinance. Section 32. Section 9.030 is hereby deleted. Section 33. Section 9.040(1) is hereby deleted. Section 34. Section 11.020(13:1), which reads as follows, is hereby added: (13.1) Decisions. Any party to the proceeding shall be notified of a decision by the Commission or Council by mail. Provided, however, the failure of a party to receive notice of the decision shall not invalidate any land use action if a good faith effort was made to give notice of the decision. ORDINANCE NO. 81-007, PAGE 6 VOLPAGE tj � L Section 35. Section 11.050, which reads as follows, is hereby added: 11.050 EXCEPTIONS. Administrative variances shall be reviewed in accordance with the pro- visions of this section. (1) The:'Planning Director or designee shall have the authority to grant relief up to 20 percent for onsite development requirements (e.g., setbacks) administratively if: a. A properly completed variance application and petition are filed on forms provided by the Planning Department; and b. The petition is signed by all property owners or their authorized representatives within 60 feet of the subject property; or the petition is signed by the abutting property owners to the property line which is subject of the variance and notice is sent by the Planning Department to all of their owners within 60 feet of the subject property and no remonstrances are received within ten days o'f the date of the mailing by the Planning Department; and the variance does not result in a setback of less than five (5) feet. Section 36. This Ordinance being necessary for the immediate preservation of public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. lk _ / DATED this day of hC/J�r 1981. ATTEST: SUSAN STONEMAN Recording Secretary ORDINANCE NO. 81-007, PAGE 7 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON C_ge� 40 Q.b'n ROBERT C. PAULSON, JR., Chai _ VOL 0�PaGE ��® BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON In the matter of ) adopting Ordinance ) No. 81-007 amending ) FINDINGS OF FACT the Redmond Urban ) Area zoning. ) THE DESCHUTES COUNTY BOARD OF COMMISSIONERS IN CONSIDERING ADOPTION OF THE ORDINANCE NO. 81-007 HEREBY ADOPTS THE FOLLOWING FINDINGS OF FACT: Findings_of_Fact 1. Based upon the LCDC Continuance Order of May 28, 1980 and the Department of Land Conservation and Developments staff report, it was deemed necessary to amend the Redmond Urban Area Zoning Ordinance, an implementing measure of the Comprehensive Plan. 2. In administering the Redmond Urban Area Zoning Ordinance, it was deemed necessary to make several clerical corrections. 3. For the general health, safety and welfare of the public, as well as to improve the efficiency of zoning requirements, it was deemed necessary to make other minor amendments to the Redmond Urban Area Zoning Ordinance. DATED this 4th day of March, 1981. BOARD OF COUNTY COMMISSIONERS Robert C. auls n, Jr.,CHAIRMAN P ert A. Young, a�r U. Wgrpara,