Loading...
1987-08151-Ordinance No. 87-012 Recorded 4/22/1987a REVIE W LD BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUq 8-7— An Ordinance Amending Ordi- nance No. PL-11, the Bend Urban Growth Boundary Zoning *; Ordinance of Rezoning Certain * y. - _0 Urban Standard Residential (RS) Zone to Neighborhood Commercial (CN) Zone, and *- Declaring an Emergency. * '' VOL ormE ! 92 ORDINANCE NO. 87-012 ,T WHEREAS, Scott Oakley proposed the rezoning of certain property from Urban Standard Residential (RS) Zone, to Neighbor- hood Commercial (CN) Zone for approximately 2.4 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 March 17, 1987; and WHEREAS, the Hearings Officer recommended that the property be rezoned from Urban Standard Residential (RS) Zone to Neighbor- hood Commercial (CN) Zone by decision dated March 24, 1987; 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 Neighborhood Commercial (CN) Zone. Section 2. To adopt as the Board of County Commissioners' findings and conclusions the Findings and Recommendation of the Hearings Officer dated March 24 ,1987, relating to Zone Change Application No. ZC-87-1, marked Exhibit "C", attached hereto and by this reference incorporated herein. 1 - ORDINANCE NO. 87-012 ` VOL �� 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. _c/ DATED this 0 day of , 1987. BOARD OF COUNTY COMMISSIONERS OF PPCHUTES, COUNTY, 10' EGON LOIS 4XIgTOW PRANTE, Chair ATTEST: "J I v I I TOM OOP, Commissioner 'Recording Secretary TOM Commissioner 2 - ORDINANCE NO. 87-012 EXHIBIT "A" VOLc02 '7 =0 I 01 I..P= -- — 5'AS7- 7171047-- 2 of W�Y of=- 26 gi7- 6 r9 1Z C To THE 0. 77- A,46Wr SAID e,0.0- 2-5 - -77 - e25 4�7 bM 6tw /� EXHIBIT k Wj ,� � �., �+r ?�•�'= � �'t4 `��+�u�.; � s.'r�� 'l4 ,� � 3„ r �X, ,'�'C'�,?°�,��'us��,���"5" � � t` ,$ � -•}..� , • r Vim'+" r, _ .' �'� � �' 7�w � �, t ro�`Sa iv, z = •* ,t �[. ::,r t � - C t V ; f 'tab i " c '' F .`zl+ `" 'rpt•.; ,' w �y+s� ''� :i .yt ; r ' 4 t: ; �t �, , 1� 0 L "` it M V `t T i' IJ O { tA w h O �^ m m n G O 14 a lig r. a o Z n zi Gt y h N • y z 11 � ter+ O � '- �l It FILE NO. APPLICANT: EXHIBIT "C" VOL 82PaGA ?..�_� FINDINGS AND RECOMMENDATION ZC-87-1 Scott Oakley 20 N. W. Greenwood Bend, OR 97701 REQUEST: An application for a zone change from Residential to Neighborhood Commercial. PLANNING STAFF REPRESENTATIVE: PUBLIC HEARING: Paul E. Blikstad 7:00 p.m., Courthouse Annex, Room A, March 17, 1987 BURDEN OF PROOF: The applicant must establish that the zone change complies with Section 33 of PL -11, the Bend Urban Growth Boundary Zoning Ordinance, which establishes standards for zone change. PRELIMINARY FINDINGS 1. LOCATION: The subject property is located at the Southwest corner of the intersection of Butler Market Road and 27th Street, and is further described as Tax Lot 99 in Section 22 of Township 17 South, Range 12 East. 2. ZONE: The subject property is currently zoned RS Urban Standard Residential. The property, as of March 4, 1987, designated as commercial by the Bend Urban Area General Plan. The applicant previously submitted an application for plan amendment for subject property. The plan amendment was heard by the Deschutes County Hearings Officer on November 19, 1986. The Hearings Officer recommended approval and the Board of County Commissioners adopted the plan amendment on March 4, 1987. 3. SITE DESCRIPTION: The subject property is 2.4 acres and is boarded 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. That 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 -1- FINDINGS AND RECOMMENDATION, Case No. ZC-87-1 vot. 82?aGE 797 addition to much sagebrush and bitter_brush. A cinder road crosses the property from 27th Street to Butler Market Road. The 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 in addition to the South and East. Mountain View High School is approximately one- half mile to the South. HEARING AND EXHIBITS The hearing was held on the above -referenced application on March 17, 1987. The following exhibits make up the record in this matter: A. Application; B. Staff Report; C. Burden of Proof Statement; D. Map; E. John Stephenson letter dated March 17, 1987; F. Jeannie Candy letter - no date; G. Dr. Allen Hillis letter dated March 17, 1987; H. Rick Evans letter dated March 17, 1987; I. Judith Hoomer letter dated March 12, 1987; J. Tom Hogue letter - no date; K. Karen Stenkamp letter - no date; L. Ronald and Jeanne Cook letter of March 12, 1987; and M. 8 pictures submitted by the applicant at the hearing. The Hearings Officer is familiar with this site and has driven by the site on numerous occasions. CONFORMANCE WITH THE CRITERIA OF PL -11 The applicant must show that this proposal complies with Section 33 of PL -11. The Hearings Officer makes the following findings regarding those criteria: 1. This zone change would conform with the Comprehensive Plan concerning the zoning of the subject property in that the Deschutes County has already approved the plan amendment designating the property as commercial. 2. Since the Bend Urban Area General Plan has been approved as being in conformance with the statewide land use goals, the Hearings Officer finds that conformance with the Comprehensive Plan is sufficient for conformance with the statewide planning goals. 3. The applicant intends to locate a convenience or mini- market store operation on the site if the zone change is approved. This would be designated as a neighborhood -2- FINDINGS AND RECOMMENDATION, Case No. ZC-87-1 VOL .82n E 798 commercial area. As is indicated in the Comprehensive Plan, those areas are intended for small businesses and services which fit into residential development pattern and provide convenience to residents in the immediate neighborhood. 4. The Comprehensive Plan sets forth criteria for neighborhood commercial areas. The Plan notes that they should be located on sites ranging from one-quarter to one-half acre, and that said area should not be located within one-half to three-quarter miles of each other. The applicant's proposal has a one-half acre site size and is located on arterial and collector_ street. The closest neighborhood commercial area is 1 3/4 miles away. 5. Many of the neighbors have indicated a need for a convenient commercial store in this area. There are many new subdivisions in the area since the Comprehensive Plan was adopted in addition to the infilling of existing subdivisions. A substantial number of new residents are now located in this vicinity. The Hearings Officer finds that there is a demonstrated need for a neighborhood commercial area in this area. The Hearings Officer also finds that the increase in residents and a change in the residential character of the vicinity is a change of circumstances contemplated by the Comprehensive Plan warranting a zone change on this particular_ parcel. It should also be noted that this parcel is located on the intersection of an arterial and collector road. The Hearings Officer finds that subject to considerations of traffic on Butler Market Road, that this parcel is an excellent parcel to be designated for neighborhood commercial because of its location on the arterial and collector streets, and also because of the fact that there are no residences immediately adjacent to the subject parcel. Indeed the realignment of 27th Street has improved access to this parcel and should, in fact, lessen traffic congestion in the immediate area. There is, however, concern by the Hearings Officer that traffic on Butler Market Road will be adversely affected by an entrance to this parcel off of Butler_ Market Road. This concern will be further addressed in the conditions for the approval of this zone change. BASED UPON the foregoing findings, the Hearings Officer recommends approval of the zone change from RS Urban Standard Residential to Neighborhood Commercial subject to the following conditions: -3- FINDINGS AND RECOMMENDATION, Case No. ZC-87-1 VOL 82?AGE 799 1. That the applicant submit a detailed site plan of the proposed convenience or mini -market store operation including landscaping, access control, off street parking and sign regulation. The structures to be on this site should relate harmoniously to the natural environment. 2. That turn lanes be constructed on Butler Market Road for both left hand and right hand turns into the subject property. The particular design of the turn lanes should be coordinated with the Deschutes County Road Department. THIS DECISION BECOMES FINAL 15 DAYS FROM THE DATE MAILED, UNLESS APPEALED. DATED this 24th day of March, 1987. EDWARD P. FITCH Hearings Officer cc: BOCC Deschutes County Planning Commission Deschutes County Planning Director City of Bend Fire Department City of Bend Planning Director Mr. and Mrs. Ronald Cook Karen Stenkamp Tom Hogue Judith Hoomer Rick Evans Dr. Allen Hillis Jeannie Candy John Stephenson File -4- FINDINGS AND RECOMMENDATION, Case No. 7C-87-1