1987-05581-Ordinance No. 87-009 Recorded 3/11/1987LVED
LECA! L0,JNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES Q&JNTY 1q( GON
VOL d�PAGE �,G
An Ordinance Amending i3rdi- S
nance No. 80-216, The Bend * KEYPUNCHED
Area General Plan, to Change
the Designation of Certain * MAR 2 1987.
Property From Urban Standard * y
Residential (RS) to Highway
Commercial (CH), and * 0rn
Declaring an Emergency.
W
ORDINANCE NO. 87-009
WHEREAS, Don Peterman proposed the redesignation of certain
property within the Bend Urban Area Growth Boundary from Urban
Standard Residential (RS) to Highway Commercial (CH); 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 October 14, 1986; and
WHEREAS, the Hearings Officer recommended the proposed
redesignation of property by decision dated October 27, 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 Urban
Standard Residential (RS) to Highway Commercial (CH).
Section 2. To adopt as the Board of County Commissioners'
findings and conclusions the Findings and Decisions of the Hear-
ings Officer dated October 27, 1986, relating to Plan Amendment
Application No. PA -86-1, 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. 87-009
VOL 8??�'uE ?2,7
DATED this 17�day of �((j'�(�tr �� , 1987.
BOARD OF COUNTY COMMISSIONERS
OF DPOCHUTU COUNTY, O'ZEGON
IS S OW PRA TE, Chair
ATTEST: , TOM TH P 6mmissioner
ecording ecretary DI MAUDLIN, C mmissioner
2 - ORDINANCE NO. 87-009
VOL S2?AGE 228
EXHIBIT "A"
A portion of Tract 2J, 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.
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EXHIBIT C„
2 Hearings Officer/
piAdministrative Law Judge
Courthouse Annex / Bend, Oregon 97701 / (503)388-6626
15031382-8721
Michael T. Dugan
File Number:
DESCHUTES COUNTY HEARINGS OFFICER
PUBLIC HEARING, October 14, 1986
FINDINGS AND DECISIONS
PA -86-1
Applicant: DON PETERMAN
Request: This is an application for a Plan Amendment to
amend the Bend Area General Plan Map 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
Ordinances.
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
VOL 82PACE n, I
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: Section 33 of PL -11
established the standards for plan amendment. The standards for a
plan amendment provide that the burden of proof is on the one seek-
ing the change. The degree of that burden increases proportionately
with the degree of impact of the change which is sought. In any
event, the applicant shall in all cases establish:
a. Conformance with the Comprehensive Plan.
b. Conformance with all applicable statutes.
c. Conformance with State-wide planning
goals wherever they are determined to be
applicable.
d. That there is a public need for the
change of the kind,in question.
e. 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. "Available property" is
defined in Ordinance PL -9.
Findings and Decisions Page 2
' VOL 84CPAGE 232
f. That there is a
circumstances or
original zoning.
proof of change of
a mistake in the
8. Discussion: The Bend Area Plan adopted in 1974 identified the
subject property as residential, but recognized it in an area of
transition. This is established by the Plan's designation of
Highway Commercial on land adjacent to the subject property to the
west. The Bend Area General Plan has a goal of stopping strip
commercial development. Currently along Highway 97, it is basically
strip development. By allowing this zone change to commercial, it
would begin to establish a commercial center in that area. The
population which has been served by Reed Market Road has tripled in
the last ten years. The traffic has doubled. And due to the
traffic on Highway 97 in the proximity to the gas station, the area
has become much less suitable for single-family homes. This parti-
cular piece of property is much like an island. To allow this zone
change would create more of a transitional buffer zone between the
Residential Zone -and the Highway Commercial. Other zone changes to
Neighborhood Commercial or Limited Commercial would not be appropri-
ate as they require large lot size. Due to the size of this lot,
one and one-half acres, the Highway Commercial zone is the only zone
that would allow that small of an area to be commercial. The Bend
Area General Plan also provides and demonstrates an intent to allow
commercial development adjacent to arterials. Reed Market Road is
an arterial road and the area is near Highway 97. The Bend Area
General Plan also demonstrates an intent to increase employment. By
creating a commercial zone there could be an increase of jobs and an
average increase of some 30 employees per one and one-half acres.
To create jobs in this area would allow the jobs to be located
closer to the residential areas. The change in circumstances since
this property was zoned residential is demonstrated by the increase
in the population density, the increased traffic, and the completion
of Division Street which has made Reed Market Road a primary
arterial and traffic -way for east side residents. The plan
additionally encourages infilling. Infilling of commercial develop-
ments with the overall emphasis to stop strip development. This
zone change and plan amendment would allow commercial growth within
the initial Urban Growth Boundary. The applicant has demonstrate
conformance with all applicable statutes. The Bend Area General
Plan has been found to be in compliance and acknowledged by the Land
Conservation and Development Commission. However, the applicant has
demonstrated further conformance with applicable State-wide planning
goals. Initially, Goals No. 1, 2, 3, 4, 5, 6, 7 and 8 do not appear
to be applicable. Goal No. 9 is the economy and may be applicable
by creating a commercial zone would increase jobs, and therefore,
aid the economy. There is a beneficial social impact and the size
of the commercial development is such that it could not adversely
affect environmental concerns. Goal No. 10 provides for housing and
it has been demonstrated that there is adequate housing available in
this area. Goal No. 11 asks if existing services are adequate.
This property is currently served by all existing water, sewer, and
electricity services. Goal No. 12 provides for transportation.
Reed Market Road is a primary arterial, and there are future plans,
Findings and Decisions
Page 3
82PAGE
according to the applicant, to extend Reed Market Road west across
the Deschutes River to join the Cascade Lakes Highway. Goal No. 13
provides for energy conservation. When establishing a commercial
center in this area, it is closer to the residential areas in that.
end of town. It would, therefore, conserve energy by not requiring
the residents who use this commercial facility, whatever it may be,
to travel further away. Goals No. 14, 15, 16, 17, 18, and 19 are
not applicable. The applicant has demonstrated public need with
regard to the increased population, the increased traffic on Highway
97 and Reed Market Road, and the residential developments which have
been significant in the last 10 years in that area. These same
factors also demonstrate conformance with the change of circum-
stance. There were no people that spoke in opposition to this
change of zone or plan amendment application.
Finally, at the conclusion of the hearing the staff commented that
the information submitted at the hearing by the applicant was sub-
stantially complete and much more significant than that which was
originally submitted in the burden of proof statement. The staff
then indicated that they would now, therefore, recommend approval.
DECISION: Based upon the above findings and discussion, I find that
the applicant has demonstrated conformance with the Plan Amendment
criteria as contained in Section 33 of PL -11, and recommend that
this application be approved.
THIS DECISION BECOMES FINAL 15 DAYS FROM THE DATE MAILED, UNLESS
APPEALED. -fL
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_
Deschutes County Planning Director ,s
Deschutes County Pblic Works Department
Richard B. Wright
Duane Clark/ /
James Powell f
Ruth Wahl •�`
Robert Robinson/
Stephen Thompson
Kenneth Johnson %
Linda Gross
Don Petermann
Findings and Decisions Page 4
Daniel VanVactor.,
Helen VanHuffle,
Nick Amundson '`/
Findings and Decisions
VOL82pmE 234
Page 5