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1987-04216-Ordinance No. 87-002 Recorded 3/4/1987BEFORE THE BOARD OF COUNTY COMMISSIONERS OF 87 - 421 An Ordinance Amending Ordi- nance No. 80-216, The Bend * k'ryp Area General Plan, to Change * the Designation of Certain Property From Residential to Neighborhood Commercial, and Declaring an Emergency. ORDINANCE NO. 87-002 REVIEWED Lta lL COUNSEL DESCHUTES COUNTY, OREGON 0 VOL 81PAGE 9 WHEREAS, Scott Oakley proposed the redesignation of certain property within the Bend Urban Area Growth Boundary from Residen- tial to Neighborhood Commercial; and WHEREAS, notice of hearing was given in accordance with law; and WHEREAS, the Hearings Officer held a hearing on the proposed redesignation of property on November 18, 1986; and WHEREAS, the Hearings Officer recommended the proposed redesignation of property by decision dated December 2, 1986; 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. To amend Ordinance No. 80-216, the Bend Area General Plan, to redesignate certain property described in Exhibit "A", attached hereto and by this reference incorporated herein and depicted on the map marked Exhibit "B", attached hereto and by this reference incorporated herein, from Residen- tial to Neighborhood Commercial. Section 2. To adopt as the Board of County Commissioners, findings and conclusions the Findings and Decisions of the Hear- ings Officer dated December 2, 1986, relating to Plan Amendment Application No. PA -86-2, 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. 1 - ORDINANCE NO. 87-002 VOL SiPAGE 974 4 DATED this day of ,�/ / , 1987. BOARD OF COUNTY COMMISSIONERS OF DOSCHUTES COUNTY ,/ &EGON AT EST: Recording Secretary 2 - ORDINANCE NO. 87-002 IS BRIS , Chair DICK UDLIN, Commissioner TO T OOP, Commissioner EXHIBIT "A" VOL 81PAGE 975 V? 9 F -R e /,,, 9Z-- -- P/ q �0/, OZ,-,, q'T v--- - W/ -r17- O.'t 'r6 . tq F- --RI15 o w6 y or /,/ - _��"W_:;qo MR46A 12- --7 6W�L-1;9 V- 70 7*�6 VV TH411C4, 15�1,e2-0�1z-1oyl-,,E— Z--- Is 7-5 —TH6AIC '�=--770 7W I EXHIBIT "B" / .ref / � (� � � � � (►1 � � � y +� 17th ' CS U n t (n �1 • vT Es c NN PAIN EXHIBIT "C" Hearings Officer/ Administrative Law Judge Courthouse Annex / Bend, Oregon 97701 / (503) 388-6626 VOL _ 8f03 8721 Michael T. Dugan DESCHUTES COUNTY HEARINGS OFFICER i� PUBLIC HEARING, November 18, 1986 CEO FINDINGS AND DECISIONS- &I F 1 cOUjl �p>/ File Number: PA-86-2 Applicant: SCOTT OAKLEY Request: This is an application for a Plan Amendment to change the Comprehensive Plan designation of a parcel from Residential to Neighborhood Commercial. Planning Staff Representative: PAUL E. BLIKSTAD Planning Staff Recommendation: APPROVAL Public Hearing: A public hearing was held in Deschutes County District Courtroom 2 of the Deschute's County Courthouse Justice Building, in Bend, Oregon, on Tuesday, November 18, 1986, at 7:00 p.m. Burden of Proof: In order to receive approval of this request, the applicant must demonstrate conformance with the applicable criteria as contained in Section 33 of PL -11, the Bend Urban Growth Boundary Zoning Ordinances. FINDINGS: 1. Location: The subject property is located at the southwest corner of the intersection of 27th Street and Butler Market Road, and is further described as Tax Lot 99 in Section 22, T17S, R12E, 2. Zone: The subject property is zoned RS, Urban Standard Residential. 3. Comprehensive Plan Designation: The subject property is currently designated as Residential by the Bend Area General Plan. Findings and Decisions Page 1 VOL SIPAGE 979' 4. Site Description: The property consists of 2.4 acres and is bordered by Butler Market Road to the north, 27th Street to the east, and is a triangular-shaped parcel. The topography of the parcel is level to rolling. The portion adjacent to 27th Street is 10 to 12 feet higher than that adjacent to Butler Market Road. There are scattered juniper on the property, in addition to much ,.,pagebrush and bitterbrush. A cinder road crosses the property from .2.7th Street to Butler Market Road. 5. Surrounding Land Use: Surrounding land uses are Residential, with Nasu Park to the northeast and houses to the east and north. There is vacant land to the west, south, and east. Mountain View High School is approximately 1/2 mile to the south. Surrounding zoning is RS, Urban Standard Residential, UAR-10, Urban Area Reserve, and IL, Light Industrial. The Bend city limits extend to the west and south of this property. There is an area designated on the Comprehensive Plan as Commercial in this vicinity, with no specific parcels so, designated. It., was considered a , f1oatipg .de,sig- nation for some time'in'th'e futlre if :the' meed arose. 6. Proposed Use: The applicant is proposing a Comprehensive Plan Amendment to change this designation of a parcel from Residential to Neighborhood Commercial. The applicant has revised his application for a Plan Amendment and has adjusted the application to include only a half acre increment in this Plan Amendment request. The applicant proposes to establish a neighborhood commercial grocery store, much like a 7-11 or Cirle R. The applicant has indicated that the store would be open from 6:00 a.m. until 9:00 p.m., and have those items in the store for commercial sale as are in a 7-11. The applicant further indicates that there are 1,500 to 2,000 people within a one and one-half mile radius of the proposed site. The applicant has submitted a list of names for many of the residents and neighbors in the area and from school -aged persons attending Mountain View High School in favor of the application. There were several people who spoke in opposition to the request, and the main objection to the request was the increase in traffic and the potential hazards caused by people turning into or coming out of the proposed store. As previously mentioned, the location of the property is on the corner of 27th and Butler Market Road. Both roads have been improved to arterial standard. The applicant's proposed design would provide for a circle type driveway exiting Butler and entering 27th Street or visa -versa, but cutting across the tip of the half -acre triangle. With the improvement to Butler Market Road in the area and to 27th Street, the traffic congestion should be lessened. 7. Conformance with the Comprehensive Plan: The commercial section of the Comprehensive Plan states in the general policies: 4. A limited number of neighborhood commercial developments should be permitted in residen- tial areas as a convenience to the residents, and these uses should conform to the character of the areas in which they are located. Findings and Decisions Page 2 The Neighborhood Commercial subsection of the Comme�ial cti f the Comprehensive Plan states: . CW Ma "Neighborhood Commercial areas are intended to provide locations for small businesses and services which fit into the residential develop- ment pattern and provide a convenience to residents in the immediate neighborhood. A small grocery store or mini -mart, a barber or beauty shop, a dry cleaning pick-up agency, or a laundromat are examples of the appropriate uses. Neighborhood commercial areas should be located on major or collector streets and have a site size from one-half to one-quarter acre. In order that the centers remain small, commercial floor areas should have between 5,000 to 10,000 square feet. All ,possibly_ centers are, not -shown on. the general , piano becaXi§" bf'ti i sm 'll` sime,-••bu't they should ' be from one-half to three-quarter miles apart, and new locations should ' be based on realistic economic projections which demonstrate a need for the facility." The applicant's proposal has a half acre site size and is located on an arterial and a collector street. A Plan Amendment/Zone Change for neighborhood commercial area has been approved by the City of Bend for a parcel at the northwest corner of Studio Road and Boyd Acres Road, which is approximately one and three-quarter miles away. There have been several new subdivisions in this area since the Comprehensive Plan was adopted, in addition to the infilling of existing subdivisions. This has added a substantial number of residents to the vicinity. The applicant has demonstrated a need for the neighborhood commercial area based on a realistic economic projection. The applicant testified that there was between 1,500 and 2,000 potential customers and residents in this area. I find that the applicant has adequately demonstrated conformance with the applicable criteria on this issue. 8. Conformance with the Applicable Criteria: The Bend Urban Growth Boundary Zoning Ordinance is part of the adopted Bend Area General Plan. The subject property of this Plan Amendment application is an area zoned RS, Urban Standard Residential. The purpose of the RS zone states: "The RS zone is intended to provide for the most common urban residential densities in places where community services are or will be available, and to encourage, accommodate, maintain, and protect a suitable environment for family living." The residential section of the Comprehensive Plan has statements of intent of the plan which refer to neighborhood commercial areas, and states: Findings and Decisions Page 3 VO 81PacE g$ .` f"Neighborhood commercial shopping areas may be `;located within residential districts and should have development standards which recognize the residential area. Development standards should be established for these commercial uses which provide off-street parking, landscaping, access control, sign regulations, and design review." Any development of this half acre portion proposed for the Plan Amendment and possible zone change will require site plan review and will need to meet ordinance requirements. It appears that this proposal for a Plan Amendment meets all of the applicable statutes as previously stated. The applicant's proposed use provides for off-street parking, landscaping, and access control. Sign regula- tions and design review will be considered,in any site,planDapp lica- tion,•and the, sign e�ulations for iheCcdunty must be•followed 9. Conformance with Statewide Planning Goals: The applicant has addressed the goals in his burden of proof statement. I find that the applicant has demonstrated conformance with the applicable statewide planning goals. It must be noted that many of the state- wide planning goals are not applicable, but the applicant has addressed and met his burden under Goal 1, Goal 2, Goal 9, Goal 10, Goal 11, Goal 12, Goal 13, Goal 14. The other goals are not appli- cable. 10. Section 33 of PL -11 requires additional finding that there is a public need for a change of the kind in question. The applicant has demonstrated adequately a legitimate need for a neighborhood commer- cial zone. Even those people speaking in opposition to the appli- cation indicated that this is an ideal site for a small commercial grocery -type store. There have been several new subdivisions developed, in addition to the infilling of existing subdivisions since the Bend Area General Plan was adopted. An inventory conducted by the Planning Staff of Deschutes County shows that approximately 60% of the subdivisions in the vicinity of this property have been built upon. Assuming 2.3 persons per household, there are well over 1,250 people within a mile and a half of this property and possibly closer to 2,000. The applicant further conducted a survey in the area although some people withdrew their names from that survey, the applicant demonstrated that there were some 74 residences who indicated a positive response to his appli- cation. 11. That the need will be best served by changing the classification of the particular piece of property in question as compared with other available property. The majority of the parcels in this area are either smaller lot residential or larger lot residential or large vacant parcels. This Property appears to be best suited for this type of commercial zone because of its location on'a major arterial. It will have access Findings and Decisions Page 4. � VOL 81PdGE �� from bbth'27th`Street and Butler Market Road and will be in a highly visible spot for business purposes. Previously a zone change plan amendment was proposed for the southeast corner of Butler Market Road and 27th Street (formerly Denser Road). This application was denied based in part on the unsafe nature of the corner. As pre- viously mentioned, 27th Street has since been re -aligned to create a safer situation and intersection. I find that the applicant has adequately demonstrated conformance with this criteria. 12. That there is a proof of change of circumstances or a mistake was made in the original zoning. There has been a substantial change of circumstance since --the original zoning. This change of circumstance is primarily the --`number of people who are now residing in the area and the establish- ment of the Mountain View High School. It appears that the,appli- 3 cant' has, denVnsttrp d,.'�8 ",],eco timate ►l tied :,*fbr .a '!zneighbor ood .:: commercial zone. based dn:pcohomic projections., DECISION: Based upon the above findings and conclusions, I find that the applicant has adequated addressed the criteria in the Bend Area General Plan and the Statewide Planning Goals for Plan Amendment. Therefore, this request is approved and this recommendation for Plan Amendment approval will be forwarded to the County Commissioners. THIS DECISION BECOMES FINAL 15 DAYS FROM THE DATE MAILED, UNLESS " APPEALED. DATED this �_ day of December 1986. MICHAEL T. DUGAIA Hearings Officer MTD/mef 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 Findings and Decisions Page 5 Scott Oakley VOL1PAGfJ Paul Leatherwood John McBride Mike Yates Debbie Haddix M. E. Thompson Carole Watts Larry Sher Wallace VanHise Susan Leadbetter Mike Freeman Rodney Smith .. . - ..:�• ,� r. •C��tf y* '~r �..' ~.�i. t •j '�'J1'• �i..�-♦ .i� .. .��I •Y�,' .. ;. _. Findings and Decisions Page 6