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1986-11822-Ordinance No. 86-065 Recorded 6/20/1986BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTESCOUNTY- ORE ORDINANCE NO. 86-065 WHEREAS, Thomas P. Moyer proposed the rezoning of certain property within the Bend Urban Area Growth Boundary from Urban Standard Residential (RS) Zone to Urban Medium Density Residen- tial (RM) Zone; and WHEREAS, notice of hearing was given in accordance with law; and WHEREAS, the Hearings Officer held a hearing on the proposed zone change on May 13, 1986; and WHEREAS, the Hearings Officer recommended that the property be rezoned from Urban Standard Residential (RS) Zone to Urban Medium Density Residential (RM) Zone by decision dated May 23, 1986; and WHEREAS, the decision of the Hearings Officer has not been appealed to the Deschutes County Planning Commission; now, there- fore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. That Ordinance No. PL -11, Bend Urban Growth Boundary Zoning Ordinance, is amended to change the zoning from Urban Standard Residential (RS) Zone to Urban Medium Density Residential (RM) Zone for the parcel of real property described in Exhibit "A", attached hereto and by this reference incorpor- ated herein, and depicted on the map marked Exhibit "B", attached hereto and by this reference incorporated herein. Section 2. To adopt as the Board of County Commissioners' findings and conclusions the Findings and Decisions of the Hear- ings Officer dated May 23, 1986, relating to Zone Change Appli 1 - ORDINANCE NO. 86-065 Tvr-, An Ordinance Amending Ordi- nance No. PL -11, Bend Urban �. Growth Boundary Zoning Ordi- * V0IL nance, Rezoning Certain * -.7- Property From Urban Standard Residential (RS) Zone to Urban Medium Density Resi- dential (RM) Zone, and Declaring an Emergency. ORDINANCE NO. 86-065 WHEREAS, Thomas P. Moyer proposed the rezoning of certain property within the Bend Urban Area Growth Boundary from Urban Standard Residential (RS) Zone to Urban Medium Density Residen- tial (RM) Zone; and WHEREAS, notice of hearing was given in accordance with law; and WHEREAS, the Hearings Officer held a hearing on the proposed zone change on May 13, 1986; and WHEREAS, the Hearings Officer recommended that the property be rezoned from Urban Standard Residential (RS) Zone to Urban Medium Density Residential (RM) Zone by decision dated May 23, 1986; and WHEREAS, the decision of the Hearings Officer has not been appealed to the Deschutes County Planning Commission; now, there- fore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. That Ordinance No. PL -11, Bend Urban Growth Boundary Zoning Ordinance, is amended to change the zoning from Urban Standard Residential (RS) Zone to Urban Medium Density Residential (RM) Zone for the parcel of real property described in Exhibit "A", attached hereto and by this reference incorpor- ated herein, and depicted on the map marked Exhibit "B", attached hereto and by this reference incorporated herein. Section 2. To adopt as the Board of County Commissioners' findings and conclusions the Findings and Decisions of the Hear- ings Officer dated May 23, 1986, relating to Zone Change Appli 1 - ORDINANCE NO. 86-065 VOL 12'g;E cation No. ZC-86-3, marked Exhibit "C", attached hereto and by this reference incorporated herein. Section 3. 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 1 el day of /'Z 1986. BOARD OF COUNTY COMMISSIONERS OF J)PSCHUTE,-j COUN,Ty, 01� Gf�N ATTEST: LA Recordav'fig-Secretary 2 - ORDINANCE NO. 86-065 BRISTOW A. IN, C E,` Chair Commissil i issioner EXHIBIT "A" VOL 72 PArF 1411 All that part of Tract No. 23 of Virginia Park according to the official plat thereof, as follows: Beginning at the Northeast corner of Tract 23 in the said plat of Virginia Park; thence South along the East line of said Tract 23, a distance of 300 feet, to a point, thence West 216.80 feet to a point, thence North 302.82 feet to a point, thence South 89 degrees 15' 18" East along the Northerly line of said Tract 23 a distance of 216.82 feet to a place of beginning, containing 1.50 acres, more or less, Bend, Deschutes County, Oregon. Together with the water right in the Arnold Irrigation system for said tract, with rights-of-way reserved for the building and maintaining of irrigation ditches over and across said premises that may be necessary to deliver water to other tracts of land in Virginia Park acreage or elsewhere. - EXHIBIT 'B',` . M in �4 1 •- f r � Y4 ^W'. File Number: Applicant: Property Owner: Request: Planning Staff Representative: Planning Staff Recommendation: Public Hearing: EXHIBIT "C" VOL kA!' 91,43 Hearin s Of 2 A Administrative Law Judge Courthouse Annex / Bend, Oregon 97701 / (503) 388-6626 (5031382-8721 DESCHUTES COUNTY HEARINGS OFFICER PUBLIC HEARING, May 13, 1986 FINDINGS AND DECISIONS ZC-86-3 THOMAS P. MOYER HAROLD H. MILLS Michael T. Dugan This is an application for a zone change from RS, Urban Standard Residential, to RM, Urban Medium Density Residential. MARK D. SHIPMAN Approval A public hearing was held in Conference Room A of the Deschutes County Courthouse Annex, Bend, Oregon, on Tuesday, May 13, 1986, at 7:00 p.m. Burden of Proof: In order to receive approval of this request, the applicant must comply with the criteria as set forth in Section 33 of PL -11, the Bend Urban Growth Boundary Zoning Ordinance, and Section 15 of PL -11, the Bend Urban Growth Boundary Zoning Ordinance. FINDINGS: 1. Location: The subject property is located at 365 Cleveland Street, in Bend, Oregon, Deschutes County. The subject property is further described as Township 18 South, Range 12 East, Section 4CC, Tax Lot 500. 2. Zone: The subject property is zoned RS, Urban Standard Resi- dential. Findings and Decisions Page 1 t C9 to o�w File Number: Applicant: Property Owner: Request: Planning Staff Representative: Planning Staff Recommendation: Public Hearing: EXHIBIT "C" VOL kA!' 91,43 Hearin s Of 2 A Administrative Law Judge Courthouse Annex / Bend, Oregon 97701 / (503) 388-6626 (5031382-8721 DESCHUTES COUNTY HEARINGS OFFICER PUBLIC HEARING, May 13, 1986 FINDINGS AND DECISIONS ZC-86-3 THOMAS P. MOYER HAROLD H. MILLS Michael T. Dugan This is an application for a zone change from RS, Urban Standard Residential, to RM, Urban Medium Density Residential. MARK D. SHIPMAN Approval A public hearing was held in Conference Room A of the Deschutes County Courthouse Annex, Bend, Oregon, on Tuesday, May 13, 1986, at 7:00 p.m. Burden of Proof: In order to receive approval of this request, the applicant must comply with the criteria as set forth in Section 33 of PL -11, the Bend Urban Growth Boundary Zoning Ordinance, and Section 15 of PL -11, the Bend Urban Growth Boundary Zoning Ordinance. FINDINGS: 1. Location: The subject property is located at 365 Cleveland Street, in Bend, Oregon, Deschutes County. The subject property is further described as Township 18 South, Range 12 East, Section 4CC, Tax Lot 500. 2. Zone: The subject property is zoned RS, Urban Standard Resi- dential. Findings and Decisions Page 1 VOL s.. r 44 3. Comprehensive Plan Designation: The subject property is designated as Medium Density Residential by the Bend Area General Plan. 4. Site Description: The subject property consists of 1.48 acres. There is an existing, older single-family home (in good ..condition), a garage, storage shed, and miscellanous containers on the property. The topography is generally level, except for a portion in the southwest corner which slopes up to a small hill or knoll. There are several trees of varying sizes and species, and a few of these trees are quite large. Access to the site is currently off of southeast Cleveland Street which, at this point, is an unimproved dirt road. 5. Surrounding Land Use: Land uses in the surrounding area consist of older, single-family homes to the north, south, and east; to the west there is the existing Bend Cinemas Theatre parking lot. 6. Proposed"`Use: The applicant proposes to remove the existing structures and add approximately 123 new parking spaces adjacent to the existing Bend Cinemas' parking area. The proposed parking plan submitted with the application shows use of the existing landscaping to the north and west, with a few landscaped islands interspersed among the parking area. Additional landscaping is proposed along the south end of the property. Parking lots in the RM, Urban Medium Residential Zone, require conditional use permits and site plan review. 7. Issues: At the public hearing held on May 13, 1986, several people spoke in opposition to the zone change. The primary concerns were that the proposed use would create dust, noise, trash, and traffic problems. The main issues are concerned with site plan and conditional use issues. As indicated at the public hearing, those issues will be addressed and remedied in any site plan or conditional use permit. The applicant has indicated a willingness to go through the site plan and conditional use process for public hearings so that the neighbors can speak toward those issues at that time. Conformance with Section 33, Paragraphs 1, 2, and 3 of PL -11, the Bend Urban Growth Boundary Zoning Ordinance: These rezoning standards require that the applicant demonstrate the following: 1. "That the change conforms with the Bend Urban Area General Plan." The applicant's burden of proof statement correctly identifies the subject property as RM, Urban Medium Density Residential Zone, as contained on the Bend Area General Map. Section 15 (3) (g) of PL -11 (Conditional Uses) permit off-street parking lots when contiguous to a less restrictive zoning district, subject to conditional use permit and site plan review. The subject Findings and Decisions Page 2 VOL i2 FAGS �t property is currently zoned RS, less restrictive zoning district than the proposed RM zone. The proposed expansion of existing parking lot is not seen as a significant impact on the existing single-family residential neighborhood. Any impact can be miti- gated through site plan review and conditional use permit process. The applicant will be required to apply for conditional :use permit and site plan review. 2. "That the change conforms with all applicable statutes." The applicant has demonstrated that the proposed change is in conformance with the requirements of the zoning ordinance. 3. "That the change conforms with state-wide planning goals wherever they are determined to be applicable." The applicant correctly states that state-wide planning goals are not applicable; furthermore, the Bend Area General Plan is an acknowledged plan, therefore the planning goals need not be addressed. 4. "That there is a public need for change of the kind in question." There is currently a triplex movie theatre being operated directly to the west. It is the applicant's desire to expand the existing use by one or more viewing screens, which would require additional parking area necessary to meet off-street parking and loading requirements of Section 25 of PL -11. The applicant has further stated that it is necessary to request a zone change from RS, Urban Standard Residential Zone, to RM, Urban Medium Density Residential Zone, so that the property can be utilized for an off-street parking facility. The applicant has demonstrated conformance with this criteria. 5. "That the need will best be served by changing the classification of the particular piece of property in question as compared with other available property. 'Available property' is defined in Procedural Ordinance, PL -9." There is no other available property which could be used for the proposed expansion of the parking area. The adjacent com- mercially zoned property is developed and could not be used for the proposed use. The applicant has met this standard. 6. "That there is proof of a change of circumstances or mistake in the original zoning." The applicant correctly states that the property should have been rezoned to RM during the 1979 update of the Bend Area General Plan. The proposed change would constitute good planning for future growth and development of the area. The proposed zone change would provide an appropriate transition from the intensive Findings and Decisions Page 3 CH zone to the less intensive RS zone. The proposed expansion of� the parking lot would have less of an impact on the existing uses than would occur if the area were a typical single-family neigh- borhood or a multi -family development. I find that the applicant has met his burden of proof in that there has been a change of circumstance during the 1979 update which designated this parti- cular property as Medium Density Residential on the Bend Area =General Plan. There was a mistake in not conforming the property to that zone. DECISION: Based upon the findings and conclusions as set forth above, this application will be referred to the County Commissioners with the recommendation for approval. THIS DECISION BECOMES FINAL 15 DAYS FROM THE DATE MAILED, UNLESS APPEALED. DATED this 3,3 day of May 1986. MICHAEL T. DUGA Hearings Office MTD/me f cc: file BOCC City of Bend Planning Director City of Redmond City Planning Director Deschutes County Planning Director Deschutes County Public Works Department Richard B. Wright Duane Clark James Powell Ruth Wahl Robert Robinson Stephen Thompson Kenneth Johnson Linda Gross Thomas P. Moyer Harold H. Mills John W. Purtzer Violet Hammer Dean Krasslet Tom Myers Findings and Decisions Page 4