1987-05580-Ordinance No. 87-010 Recorded 3/11/1987BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DES
An Ordinance Amending Ordi-
nance No. PL -11, the Bend
Urban Growth Boundary Zoning
Ordinance of Rezoning Certain * KEYPUNCHED
Urban Standard Residential
(RS) Zone to Highway Commer- * LIAR 2 0 1987
cial (CH) Zone, and Declaring
an Emergency.
87- 5580
ORDINANCE NO. 87-010
REVIEWED
LEGAL
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OZ ---C
VOL 8?PAGE 219
WHEREAS, Don Peterman proposed the rezoning of certain
property from Urban Standard Residential (RS) Zone, to Highway
Commercial (CH) Zone for approximately 1.5 acres; 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 October 14, 1986; and
WHEREAS, the Hearings Officer recommended that the property
be rezoned from Urban Standard Residential (RS) Zone to Highway
Commercial (CH) Zone by decision dated October 25, 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. That Ordinance No. PL -11, the Bend Urban Growth
Boundary Zoning Ordinance, is amended to change the zoning for
the parcel of real 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 Urban Standard Residential (RS) Zone to
Highway Commercial (CH) Zone.
Section 2. To adopt as the Board of County Commissioners,
findings and conclusions the Findings and Decisions of the Hear-
ings Officer dated October 25, 1986, relating to Zone Change
Application No. ZC-86-5, marked Exhibit "C", attached hereto and
by this reference incorporated herein.
1 - ORDINANCE NO. 87-010
von WcE 220
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 L"� day of1987.
BOARD COUNTY COMMISSI ERS
OF DE TES OUN , ORIN
S RI T6W PRANTE, Chair
ATTEST: 11IAMI\AIVV
TOM"LIITC,"OCd��issloner
sioner
Recording S retary D
2 - ORDINANCE NO. 87-010
VOL SZAGE 221
EXHIBIT "A"
A portion of Tract 2.7, of the record plat of VIRGINIA PARK, in Deschutes County,
Oregon, described as follows: Beginning at a point on the North line of Tract 27
in plat of VIRGINIA PARK, and distant 211.30 feet East of the Northwest corner of
said tract; thence East 221.30 feet to the Northeast corner of said tract: thence
South 200 feet to the Southeast corner of said tract; thence West along the South
line of said Tract, a distance of 221.30 to a point; thence North 200 feet to a
place of beginning, EXCEPT the East 59 feet thereof; ALSO a portion of Tract 28
of VIRGINIA PARK, described as follows: Commencing at NE corner of Tract 28 of
VIRGINIA PARK, thence 221.30 feet West, thence approximately 221 feet South to
South line, thence a little North of East 226 feet, more or less, to Southeast
corner of said Tract, thence North 187.55 feet to place of beginning, EXCEPT the
East 59 feet thereof.
f' t t- t.t }: 800
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DAN
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12-01
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0 1504 _1600 1700
N. 1401
\-r E s c VOLSZAGE 22`1
EXHIBIT "C"
Hearings Officer/
oi`? Administrative Law Judge
Courthouse Annex / Bend, Oregon 97701 / (5031388-6626
(503)382-8721
Michael T. Dugan
DESCHUTES COUNTY HEARINGS OFFICER
PUBLIC HEARING, October 14, 1986
FINDINGS AND DECISIONS
File Number: ZC-86-5
Applicant: DON PETERMAN
Request: This is an application for a zone change from- RS,
Urban Standard Residential, to CH, Highway
Commercial.
Planning Staff
Representative: MARK SHIPMAN
Planning Staff
Recommendation: DENIAL
Public Hearing: A public hearing was held in Conference Room A of
the Deschutes County Courthouse Annex, Bend,
Oregon, on Tuesday, October 14, 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
Ordinance.
FINDINGS:
1. Location: The subject property is located at 269 S. E. Reed
Market Road, Bend, Oregon, and is further described as tax lot 1550
in Section 4CC, Township 18 South, Range 12 East.
2. Zone: The subject property is zoned RS, Urban Standard
Residential.
3. Comprehensive Plan Designation: The subject property is
designated as RS by the Bend Area General Plan Map.
Findings and Decisions
Page 1
'OL WCE 224
4. Site Description: The subject property is approximately 1.5
acres in size and has two older single-family homes located in the
front portion of the parcel. The site slopes uphill to the south of
Reed Market Road in a gradual slope of approximately 4%. The vege-
tation consists of natural grasses, juniper, lodge pole pine, and
deciduous trees. There are a number of old car bodies and garbage
dumped in various places on the subject property.
5. Surrounding Land Use: Land use in the surrounding area consists
of two single-family homes and vacant land to the north, commercial
uses to the west, Central Oregon Irrigation District's main canal to
the south, and single-family homes to the east.
6. Proposed Use: The applicant is proposing a comprehensive plan
amendment and re -zone from RS, Urban Standard Residential, to CH,
Highway Commercial. At this time, no site plans or development
plans have been submitted with the application. The applicant has
indicated that he has considered developing office space or
commercial buildings on the site but now is desirous of selling the
property as a commercial lot. The property is located immediately
next door to the Standard Gas Station which is located on the corner
of Highway 97 and Reed Market Road. Reed Market Road is an arterial
and Highway 97 is a highway. The area is considered to be one of
heavy traffic. With the development of Division Street from the
north to south end of Bend or south to north end of Bend, Reed
Market Road is becoming more of the main access route to downtown
Bend from those residences east and south of town.
7. Conformance with the Applicable Criteria: Please refer to the
Discussion and Findings with regards to the applicable criteria in
Findings and Decision in File No. PA -86-1.
DECISION: Based upon the findings and discussions as contained in
PA -86-1 which are incorporated by reference herein, I find that the
applicant has demonstrated conformance with the applicable criteria
in Section 33 of PL -11, the -Bend Urban Growth Boundary Ordinance,
and recommend approval.
BOTH OF THESE DECISIONS BECOME FINAL 15 DAYS FROM THE DATE MAILED,
UNLESS APPEALED.
DATED this day of OCTOBER 1986.
MICHAEL T. DUGAN
Hearings Officer
MTD/mef
cc: file
BOCC
City of Bend Planning Director
City of Redmond City Planning Director
Findings and Decisions
Page 2
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
Don Peterman
Daniel VanVactor
Helen VanHuffle
Nick Amundson
Findings and Decisions
VOL S&GE M
Page 3