1988-08322-Ordinance No. 88-016 Recorded 4/15/198888-08322
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF D
An Ordinance Amending Ordi-
nance No. PL -11, the Bend
Urban Growth Boundary Zoning
Ordinance of 1979, Rezoning
Certain Property From Urban
Standard Residential (RS)
Zone to Urban Medium Density
Residential (RM) Zone, and
Declaring an Emergency.
REVIEWED
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ORDINANCE NO. 88-016
WHEREAS, Robert Shannon, John Rex, Peter R. Caine, Gerald R.
Atwater, Robert S. Atwater and James M. Gozdowski proposed the
rezoning of certain property from Urban Standard Residential (RS)
Zone, to Urban Medium Density Residential (RM) Zone for approxi-
mately 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 February 2, 1988; 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 February
10, 1988; and
WHEREAS, the decision of the Hearings Officer has not
been appealed; and
WHEREAS, after the Hearings Officer's findings and recommen-
dation came before the Board of County Commissioners, it was
discovered that the subject property was incorrectly described in
his decision; 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
Urban Medium Density Residential (RM) Zone.
1 - ORDINANCE NO. 88-016
KEYPUMCHED
APR ]9RII
0090--111
Section 2. To adopt as the Board of County Commissioners,
findings and conclusions the Findings and Recommendation of the
Hearings Officer dated February 10, 1988, relating to Zone Change
Application No. ZC-87-3, marked Exhibit "C", attached hereto and
by this reference incorporated herein, with the following correc-
tion: 1. The "Preliminary Findings" paragraph entitled "Loca-
tion" shall provide that the subject property is described as Tax
Lots 100, 101 and 203 in Section 9 BB, Township 18 South, Range
12 East of the Willamette Meridian.
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 day of , 1988.
BOARD OF COUNTY COMMISSIONERS
OF DVCHUTF,* COUNTY, PR)EGON
TOW PRANTE, Commissioner
ATTEST: /_1" ti
TO T003T!JP003 Commissioner
Recording Secretary "K0ffD_K_fN, hairman
2 - ORDINANCE NO. 88-016
0090-1118
EXHIBIT "A"
In Township 18 South, Range 12 East of the Willamette Meridian,
Deschutes County, Oregon.
Section 9: A tract of land in the NW 1/4 NW 1/4, said tract
being a portion of Tract No. 1 of the unrecorded subdivision of
the W 1/2 NW 1/4 of Section 9, according to the survey and map of
said subdivision made in the year 1919 by L. D. Wiest, the said
unrecorded subdivision being commonly known as "Carroll Acres",
the said tract of land being described as follows:
Beginning at a point, which bears South 89° 11' 47" East along
the North line of said Section 9, 284.97 feet, said point also
being the Northwest corner of that certain tract of land as
described in a deed to Robert L. Shannon recorded December 27,
1978, in Volume 290, Page 460 Deed Records, Deschutes County,
Oregon, thence continuing along the North line of said Section 9
South 89° 11' 47" East 220 feet to the Northeast corner of said
Shannon tract; thence South 000 44' 43" East along the East line
of said Shannon tract 608 feet to a point; thence North 89° 11'
47" West along a line which is parallel to the North line of said
Shannon tract 175 feet plus or minus to the West line of said
Shannon tract; thence North 03° 58' 30" West along the West line
of said Shannon tract 591 feet plus or minus to the true point of
beginning.
AND
That portion of the Northwest Quarter of the Northwest Quarter
(NW 1/4 NW 1/4) of Section Nine (9), Township Eighteen (18)
South, Range Twelve (12) E. W. M., and of the Northeast Quarter
of the Northeast Quarter (NE 1/4 NE 1/4) of Section Eight (8),
Township Eighteen (18) South, Range Twelve (12) E. W. M., more
particularly described as follows: Beginning at the Northwest
corner of the said Section 9; thence South 89° 11' 47" East along
the North line of said Section 9 a distance of 284.97 feet to an
iron pipe; thence South 3° 58' East a distance of 800.02 feet to
the northerly right-of-way fence of the Brosterhous Road (a
County road); thence North 45° 58' 35" West along said right-of-
way fence a distance of 481.66 feet to an intersection with the
West line of said Section 9; thence North 45° 58' 35" West a
distance of 192.0 feet more or less, to the easterly right-of-way
of the Central Oregon Irrigation Company canal; thence North 35°
00' East along said easterly boundary of Central Oregon Irriga-
tion canal a distance of 264.0 feet more or less to an intersec-
tion with the West line of said Section 9; thence North 0° 44'
43" East along said West Boundary of the aforesaid Section 9 a
distance of 111.0 feet more or less to the point of beginning,
Deschutes County, Oregon. Together with 5 acres of water right
in the Arnold Irrigation District.
3 - EXHIBIT "A"
0090-1119
EXCEPTING THEREFROM:
A tract of land lying in the Northwest Quarter of the Northwest
Quarter (NW 1/4 NW 1/4) of Section Nine (9), Township Eighteen
(18) South, Range Twelve (12) East of the Willamette Meridian,
Deschutes County, Oregon, more particularly described as follows:
Commencing at the Northwest corner of Section 9; thence South 89°
ll' 47" East, along the North line of said Section 9 a distance
of 202.42 feet; thence South 10° 21' 58" West, 375.40 feet to the
true point of beginning for this description; thence North 72°
27' 32" West, 76.29 feet; thence South 29° 40' 55" West, 130.43
feet to the Northeasterly right-of-way line of Brosterhous Road;
thence South 45° 58' 35" East, along said right-of-way line,
98.76 feet; thence North 40° 13' 58" East, 73.56 feet; thence
North 10° 21' 58" East, 104.50 feet to the true point of begin-
ning.
4 - EXHIBIT "A"
9
EXHIBIT "B" 0090—'1120
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0090-1121
EXHIBIT "C" R E C-, ' ` E
F E B 1 J 1988
FINDINGS AND RECOMMENDATION
FILE NO. ZC-87-3
APPLICANT: Robert Shannon, John Rex, et al.
20359 Klahani Drive
Bend, OR 97702
REQUEST: An application for a zone change from RS,
Urban Standard Residential, to RM, Urban
Medium Density Residential.
PLANNING STAFF
REPRESENTATIVE: Mark D. Shipman
PUBLIC HEARING: 7:00 p.m., Administration Building, February
2, 1988
BURDEN OF PROOF: The applicant must establish that the
application conforms with Section 33 of PL -11
of the Bend Urban Growth Boundary Zoning
Ordinance which establishes procedures for
zoning amendments.
PRELIMINARY FINDINGS
1. LOCATION:
The subject property is located at 61560 Brosterhous Road in
Bend and is further described as Tax Lots 100, 101 and 102
in Section 9BB, Township 18 South, Range 12 East.
2. ZONE:
The property is currently zoned RS, Urban Standard
Residential, and is designated as Medium Residential Density
by the Bend Area General Plan.
HEARING AND EXHIBITS
A hearing was held on the above -referenced application on
February 2, 1988. The following exhibits make up the record in
this matter:
A. Application;
B. Burden of Proof Statement;
C. Maps of the subject parcel and notification boundary;
D. Staff Report;
E. Deeds and other documents evidencing title to the
property;
F. November 20, 1987 from Robert Lovlien;
G. November 20, 1987 Memo from John Hossick;
H. Staff Report Addendum dated January 14, 1988; and
I. October 28, 1987 letter from Robert Lovlien.
-1- FINDINGS AND RECOMMENDATION, Case No. ZC-87-3
0®90-1122
APPLICABLE CRITERIA
The application is reviewed under the provisions of Section 33 of
PL -11, the Bend Urban Area Zoning Ordinance, which provides:
1. That the change conforms with the Comprehensive Plan.
Specifically, that the change is consistent with the
Plan's intent to promote an orderly pattern and sequence
of growth.
2. That the change will not interfere with existing
development on, development potential or value of other
land in the vicinity of the proposed action.
3. That the change in classification for the subject
property is consistent with the purpose and intent of
the proposed zone classification.
4. That the change will result in the orderly and efficient
extension or provision of public services. Also, that
the change is consistent with the City of Bend policy
for provision of public facilities.
5. That there is a proof of a change of circumstance or a
mistake in the original zoning.
FINDINGS OF FACT
1. The subject area is approximately five acres in size, and
consists of three tax lots. There is an existing, older
single family home, adjacent to Brosterhous Road and there
is also an existing apartment complex (Country Terrace
Apartments) located on the easterly portion of the
parcels. The topography is generally undulating, with a
vegetative covering of Ponderosa and Juniper trees,
manzanita, bitterbrush, sagebrush and native grasses.
2. Access to the site is currently off of Brosterhous Road,
which is an improved County road.
3. Land uses in the surrounding area consist of a main COID
Irrigation canal on the west and northerly boundary. To the
east is vacant land and some residential dwellings, further
east is a mobile home park. To the south is Brosterhous
Road and further south are a number of single family
dwelling scattered on large parcels.
4. The applicant intends to develop an apartment complex on the
property. The proposed development would need to undergo a
site plan review through the County Planning Division.
-2- FINDINGS AND RECOMMENDATION, Case No. ZC-87-3
0090-1123
5. The Planning Staff has conducted a survey of the existing RM
zoned parcels outside of the City limits but within the
Urban Growth Boundary, the results are shown below:
NORTH - Ten lots off of Ross Road, at Boyd Acres Road. Two
of these parcels are vacant, the remainder have single
family dwellings primarily on large parcels - one of the
parcels is used by Bend Millworks as a parking lot.
SOUTH - Two lots in Sunrise Village off of Century Drive.
These are both vacant.
One lot adjacent to the Bend Cinema Theatre on Cleveland
Street which is under construction for a parking lot for the
theatre.
Six lots east of Division Street near Hayes Avenue. Two of
these are vacant, the remainder have single family dwellings
on them.
EAST - Nothing
WEST - One larger parcel on Shevlin Park Road which is
vacant.
CONCLUSIONARY FINDINGS
1. The applicant must show that the change conforms with the
Bend Area General Plan. The Plan statement which appears
applicable to this request is Policy No. 14 which states:
Medium and High Density residential development shall be
located where they have good access to arterial streets
and near commercial services or public open space.
This request is in conformance with this policy.
2. That the change conforms with all applicable statutes. This
change is in conformance with all applicable statutes and
the zoning ordinance.
3. That the change conforms with the Statewide Planning Goals
where applicable. The Bend Urban Area General Plan is an
acknowledged Plan and the change does not need to be
reviewed in conformance with the Statewide Planning Goals
therefor.
4. That there is a public need for a change of this kind.
There are low vacancy rates in the Country Terrace
Apartments which is one of the existing land uses on the
parcel. Vacancy rates in other rental properties in the
southern part of the Bend Urban Area appear to show a need
for additional multi -family housing.
-3- FINDINGS AND RECOMMENDATION, Case No. ZC-87-3
0050-1124
5. That the need would be best preserved by changing the
classification of this particular piece of property in
question. Based on the survey stated above, it appears that
this parcel is equal or better than other existing zoned
parcels in the southern portion of the Bend Urban area.
Further, given the proximity of the property to Highway 97,
it is unlikely the property will be developed for single
family residential use.
6. That there is a proof of change of circumstances from the
stated original zoning. This area was originally designated
on the Bend Urban Area Plan as Medium Density Residential.
There has been an apartment complex existing on part of the
property before this current zoning designation. Further,
there has been extensive commercial growth in the immediate
area all of which warrant the zone change on this property
to Medium Density Residential.
7. At the hearing concern was raised about traffic and sewage
in the area, specifically, on Brosterhous Road. The
Hearings Officer finds that the issues of traffic and sewage
can be addressed adequately during the development phase of
this property and, specifically, with site plan
requirements.
BASED UPON the above findings, the Hearings Officer hereby
recommends to the Deschutes County Board of Commissioners that
the above zone change be APPROVED.
DATED and BAILED this /0 day of February, 1988.
EDWARD P. FITCH
Hearings Officer
cc: BOCC
City of Bend Planning Director
Deschutes County Planning Director
Bend Urban Area Planning Commission
Robert S. Lovlien
Alice Greth
Mike Navarra
-4- FINDINGS AND RECOMMENDATION, Case No. ZC-87-3