1989-01239-Ordinance No. 89-001 Recorded 1/19/1989BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES _COUNTY, ORES
An Ordinance Amending Ordinance * 0095 0399
No. PL-11, Bend Urban Area Zoning,
Ordinance, as Amended, Changing
the Low Density Residential (RL)
Zone Designation to Highway
Commercial (CH) on an Approxi- * "�
mately 4-Acre Parcel of Real Prop- *
erty Located in Township 18 South, *'
Range 12 East of the Willamette
Meridian, Section 18, Deschutes * = ('-
County, Oregon, and Declaring an * c
Emergency.
ORDINANCE NO. 89-001
WHEREAS, Mountain States Development Company proposed a zone
change from RL to CH on certain real property; and
WHEREAS, notice of hearing was given in accordance with law;
and
WHEREAS, the Hearings Officer held a hearing on the zone
change on October 4, 1988; and
WHEREAS, the Hearings Officer recommended that the zone
change requested for the subject property be approved, by deci-
sion dated October 13, 1988; 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 Area
Zoning Ordinance, as amended, is further amended to change the
zone designation on the subject 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 RL to CH.
Section 2. To adopt the Findings and Recommendation of the
Hearings Officer, dated October 13, 1988, relating to Zone
Change Application No. ZC-88-3, marked Exhibit "C", attached
hereto and by this reference incorporated herein, as the findings
of the Board of County Commissioners in support of the zone
change.
1 - ORDINANCE NO.
89-001
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 th day of , 1989.
BOARD OF COUNTY COMMISSIONERS
OF I4SCHUTTES COUNTA, OREGON
ATTEST.
R
i
Recording Secretary
2 - ORDINANCE NO. 89-001
LOISRI�STOW PRANTE, Commissioner
l4�►��o
TO T OP, Co issioner
Je
DICK MAUDLIN, Chairman
EXHIF3I'P' "A" --� 0095 0l -
The following described zeal property lying easterly of the exist-
ing Arnold Irrigation lateral;
A tract of land in the Southwest Quarter of the Northwest Quarter (SW -1/4
NW -1/4) of Section Seventeen (17), the Northwest Quarter of the Southwest
Quarter (NW -1/4 SW -1/4) of Section Seventeen (17), the Northeast Quarter of
the Southeast Quarter (NE -1/4 SE -1/4) of Section Eighteen (18), and the
Southeast Quarter of the Northeast Quarter (SE -1/4 NE -1/4) of Section
Eighteen (18), bounded and described as follows:
All in Township Eighteen (18) South, Range Twelve (12), East of the
Willamette Meridian, Deschutes County, -Oregon:
Beginning at a point on the section line between said Sections 17 and 18 a
distance of 2580 feet Southerly from the Northwest corner of Section 17;
thence Westerly 220 feet to a point on the East right-of-way line of the
Brooks -Scanlon Lumber Company, Inc. Railroad; thence Southerly along the East
right-of-way line of said Railroad a distance of 560 feet to a point; thence
Easterly 140 feet to a point on the Section line between said Sections 17 and
18, said point being 3131.9 feet South from the Northwest corner of Section
17; thence South 89°33' East a distance of 804.9 feet to a point; thence
Northerly a distance of 178.9 feet to a point; thence South 89°33' East a
distance of 288.2 feet to a point on the West right-of-way line of the
Dalles California Highway; thence Northeasterly along the West right-of-way
line of said Highway a distance of 410 feet to a point; thence North 89°33'
West a distance of 1263.5 feet to the point of beginning.
Also a tract of land lying in the Southwest Quarter of the Northwest Quarter
(SW -1/4 NW -1/4) of Section 17, Township 18 South, Range 12 East of the
Willamette Meridian, and in the Southeast Quarter of the Northeast Quarter
(SEI/4 NE1/4) of Section 18, Township 18 South, Range 12 East of the
Willamette Meridian, described as follows:
Beginning at a point on the West property line of the Dalles-California
Highway, 1931 location, said point being 2480 feet South and 1250 feet East
of the Northwest corner of said Section 17, said point being also the
Southeast corner of the Raymond E. Dean Tract; thence North 89033' West 1250
feet along the South line of the said Raymond E. Dean Tract to a point on the
West line of said Section 17; thence West 250 feet along the South line of
the said Raymond E. Dean Tract to a point on the East right-of-way line of
the Brooks -Scanlon Lumber Company Railroad; thence Southeasterly 102 feet
along the curved East right-of-way line of said railroad; thence East 220
feet to a point on the East line of said Section 18; thence South 89°33'
East 1250 feet to a point on the West property line of the said
Dalles-California Highway; thence Northeasterly 103 feet along the curved
West property line of the said Dalles-California Highway to the point of
beginning. EXCEPT those portions of the above-described conveyed to the
State of Oregon, by and through its State Highway Commission by documents
recorded June 3, 1966, in Book 148, Page 645, and recorded December 5, 1978,
in Book 289, Page 238, of Deed Records for Deschutes County, Oregon.
EXHIBIT "B"
9 to
S44•�'t'
1
>,
0095 0402601
j
f
/440
1700
fly -go
EXHIBIT "C"
FINDINGS AND RECOMMENDATION
FILE NO. ZC-88-3
APPLICANT: Mountain States Development Company
c/o Robert S. Lovlien
P. 0. Box 1151
Bend, OR 97709
REQUEST: An application for Zone Change from RL, Low
Density Residential to CH, Highway Commercial
for approximately four acres of property.
PLANNING STAFF
REPRESENTATIVE: George Read
BURDEN OF PROOF: The applicant must establish that the zone
change conforms with Section 33 of PL -11, Bend
Urban Area Zoning Ordinance, and the Bend
Urban Area General Plan.
PRELIMINARY FINDINGS
1. LOCATION:
The subject property is located approximately 300 feet west
of Highway 97, one-fourth mile south of Murphy Road, and is
further described as Township 18 South, Range 12 East,
Section 18, Tax Lot 1800.
2. ZONE:
The subject property is zoned CH, Highway Commercial and RL,
Low Density Residential.
The area is designated as a Highway Commercial or Low
Density Residential area by the Bend Urban Area General
Plan. The Bend Urban Area General Plan indicates Highway
Commercial for 300 feet west of Highway 97 with nodes going
to approximately 700 feet from the Highway. This indicates
that the area may be considered for residential or
commercial development.
HEARING AND EXHIBITS
A hearing was held on the above -referenced application on October
4, 1988, at the Deschutes County Administration Building. The
following exhibits make up the record in this matter:
-1- FINDINGS AND RECOMMENDATION, File No. ZC-88-3
A. Application;
B. Burden of Proof Statement;
C. Public Works Memorandum;
D. Tentative map, Type I Subdivision;
E. Bend Fire Department response;
F. City of Bend Planning Department response;
G. Area maps; and
H. Staff Report.
FINDINGS OF FACT
1. The applicant proposes to change the zoning on the subject
property from 300 feet west of Highway 97 to a canal which
runs through the property in a northwesterly direction and
is located approximately 650 feet from Highway 97. The
applicant proposes a Planned Unit Development which is an
outright permitted use in the CH zone. The applicant has
submitted, concurrent with this application, a Type II
Subdivision to create five commercial parcels to the east of
the canal and one parcel to the west of the canal. The
Development is to be served by a private road which will be
approximately 600 feet in length and end in a cul-de-sac.
2. Land use in the surrounding area consists of Commercial
Development along Highway 97 and vacant land to the north
and south in the areas zoned RL. The area does not have any
significant development at this time.
3. The highway frontage property will be developed in
accordance with the commercial zone and will be divided into
lots as shown on the tentative plan included with this
application. The property will be divided as a Type II
Subdivision and marketed for a mix of commercial uses.
4. The residential portion of the property will be developed at
a later date with the actual uses to be determined over
time. The applicant is considering either low density
apartments or the possibility of a mobile home park
consistent with the development of Romaine Village to the
west.
Access will be by a private road as shown on the tentative
plan. All maintenance will be performed by an association
of owners with the planned development.
5. The applicant currently has three access points onto Highway
97, each being 35 feet in width and with an unrestricted
purpose. The applicant proposed to consolidate the three
access points into a single access point to be developed
contemporaneously with the widening of South Highway 97.
-2- FINDINGS AND RECOMMENDATION, File No. ZC-88-3
0095 0405
6. The property will utilize septic tanks and drain fields in
the initial phases of development with a possibility of the
extension of the City of .Bend sewer line at some time in the
future. Power and water are already available to the
property by Pacific Power & Light and Avion Water Company.
The tentative plan for the proposed Type II Subdivision has
been prepared in accordance with the requirements of ORS
92.090.
The development of each commercial site will require a site
plan to assure adequate off-street parking for the intended
commercial uses.
7. An owner's association will be formed for the purpose of the
maintenance and repair of the proposed street serving as
access to the development. The roads will be developed to
the standards as set forth on the tentative plan. All
utility facilities will be installed underground.
Appropriate pedestrian walk -ways will be provided as part of
the site planning for each commercial use.
8. It would appear that provision for commercial property in
this location was anticipated by the Bend Urban Area
Comprehensive Plan since the area was designated as
commercial or residential. There are a few areas in the
Bend Urban Growth Boundary which are designated as both
commercial and residential by the Plan. The Plan intended
consideration of a zone change of this type at the time
development was proposed on the subject property.
BASED UPON the foregoing Findings of Fact, the Hearings Officer
hereby recommends approval of the zone change to the Deschutes
County Board of Commissioners.
DATED and MAILED this 13th day of October, 1988.
EDWARD P. FITCH
Hearings Officer
cc: BOCC
Bend Urban Area Planning Commission
City of Bend Planning Director
Deschutes County Planning Director
Deschutes County Planning Commission
Mike Freeman
-3- FINDINGS AND RECOMMENDATION, File No. ZC-88-3