1989-18923-Ordinance No. 89-018 Recorded 7/25/1989WHEREAS, Hillman Properties Northwest proposed a zone change
from Urban Standard Residential to Highway Commercial 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 proposed
zone change on April 4, 1989; and
WHEREAS, the Hearings Officer recommended that the zone
change requested for the subject property be approved, by deci-
sion dated April 7, 1989; and
WHEREAS, the decision of the Hearings Officer has not been
appealed; and
WHEREAS, by Ordinance No. 89-017, the Board of County
Commissioners adopted the necessary comprehensive plan amendment;
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, as amended, is further amended to
change the zone of 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 Urban
Standard Residential Zone to Highway Commercial Zone.
Section 2. To adopt the Findings and Recommendation of the
Hearings Officer, dated April 7, 1989, relating to Zone Change
Application No. ZC-89-Z, marked Exhibit "C," attached hereto and
1 - ORDINANCE NO. 89-018
REVIEW LED
89~18923
LEGAL
COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHU `$`�aURTY;
DREGUN
An Ordinance Amending Ordinance *
0096 0509
No. PL -11, the Bend Urban Growth
Boundary Zoning Ordinance, as *
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Amended, Changing the Urban
Standard Residential Zone Designa- *
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tion to Highway Commercial Zone on *�
a Parcel of Real Property Located *
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in Section 8, Township 18 South,
Range 12 East of the Willamette *
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Meridian, Deschutes County, Oregon,*-?
and Declaring an Emergency.
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ORDINANCE NO. 89-018
WHEREAS, Hillman Properties Northwest proposed a zone change
from Urban Standard Residential to Highway Commercial 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 proposed
zone change on April 4, 1989; and
WHEREAS, the Hearings Officer recommended that the zone
change requested for the subject property be approved, by deci-
sion dated April 7, 1989; and
WHEREAS, the decision of the Hearings Officer has not been
appealed; and
WHEREAS, by Ordinance No. 89-017, the Board of County
Commissioners adopted the necessary comprehensive plan amendment;
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, as amended, is further amended to
change the zone of 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 Urban
Standard Residential Zone to Highway Commercial Zone.
Section 2. To adopt the Findings and Recommendation of the
Hearings Officer, dated April 7, 1989, relating to Zone Change
Application No. ZC-89-Z, marked Exhibit "C," attached hereto and
1 - ORDINANCE NO. 89-018
0096 0507
by this reference incorporated herein, as the findings of the
Board of County Commissioners in support of the zone change.
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 , 1989.
HE B ARD OF COUNTY COMMISSIONERS
AT T:
d";l
(Ie/'c�"ording Secretary
2 - ORDINANCE NO. 89-018
E X H I B I T "A" 0096 0508
DESCRIPTION SHEET
In Township Eighteen (18) South, Range Twelve (12), East of the Willamette
Meridian, Deschutes County, Oregon:
Section 8: Starting at the initial point of the allotment survey which is
the NW corner of the NE1/4 of Section 8; thence South 0°36'21" West, for a
distance of 1575.07 lineal feet to a point; thence through an angle of
90036121" to the left and on a bearing of North 90° East, for a distance of
788 lineal feet, more or less, to the point of beginning which is the SW
corner of Lot 20, as formerly platted in Reed Highway Acreage, Section 2, but
vacated December, 1932. From this beginning point and on a bearing North
0°0' East for 1015.01 lineal feet to the Southerly right of way line of
Central Oregon Irrigation Canal; thence through an angle of 51°00' to the
right on a bearing of North 51°00' for a distance of 321.69 lineal feet to
the NE corner of said lot; thence through an angle of 129°00' and on a
bearing South 0°00' East, for a distance of 1217.45 lineal feet to the SE
corner of said Lot 20; thence on a bearing North 90°00' West, for a distance
of 250 lineal feet to the SW corner of said Lot 20, which is the point of
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beginning,
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EXHIBIT "C" 0096 0510
FINDINGS AND RECOMMENDATION
FILE NOS. PA -89-2 and ZC-89-Z
APPLICANT: Hillman Properties Northwest
900 N. Tomahawk Island Drive
Portland, OR 97217
REQUEST: Applications for a Plan Amendment and Zone
Change to amend the Bend Area General Plan and
rezone the subject parcels from RS, urban
Standard Residential to CH, Highway
Commercial.
PLANNING STAFF
REPRESENTATIVE: Paul E. Blikstad
BURDEN OF PROOF: The applicant must establish that the proposed
Plan Amendment and Zone Change conforms with
Section 33 of PL -11, the Bend Urban Growth
Boundary Zoning Ordinance.
PRELIMINARY FINDINGS
1. LOCATION:
The subject property lies west of Highway 97 between Reed
Lane and the Central Oregon Irrigation District Canal, and
is further described as Tax Lots 200, 201 and 202 in Section
8AB of Township 18 South, Range 12 East.
2. ZONE:
The subject parcels are zoned RS, Urban Standard Residential
and are designated Residential by the Bend Area General
Plan.
HEARING AND EXHIBITS
The hearing was held on the above -referenced application on April
4, 1989, at the Deschutes County Administration Building. The
following exhibits make up the record in this matter:
A. Application;
B. Burden of Proof Statement;
C. Staff Report; and
D. Transmittal from the Bend Fire Department.
- 1 - FINDINGS AND RECOMMENDATION, File Nos. PA -89-2 and ZC-89-Z
0096 0511
FINDINGS OF FACT
1. The subject property contains three tax lots with a total
area of 6.41 acres. Two of the lots (200 and 202) have
existing dwellings and the third lot (201) is vacant. The
applicant is proposing to develop the overall site, which
includes 14.19 acres to the east, as a shopping center
complex. The property to the east is zoned CH, Highway
Commercial.
2. The County Public Works Department reviewed this request for
a Plan Amendment and a Zone Change for this 6.41 acre parcel
on the north side of Reed Lane. The Public Works Department
will apparently comment on the Site Plan that will be coming
in on this property and the 14.19 acre parcel immediately to
the east if this Plan Amendment and Zone Change are
approved.
3. Community sewer is available and must be connected to this
development.
4. The Watermaster's Office states that their records show
either COI or Arnold water rights in this area, and any
water rights would need to be transfered off before starting
construction.
STANDARDS FOR ZONE CHANGE
The Burden of Proof is upon the one seeking change. The degree
of that burden increases proportionately with the degree of
impact of the change which is sought. The applicant shall in all
cases establish:
A. That the change conforms with the Comprehensive Plan.
Specifically, the change is consistent with the Plan's
intent to promote an orderly pattern and sequence of
growth.
B. That the change will not interfere with existing
development, development potential or value of other
land in the vicinity of the proposed action.
C. That the change in classification for the subject
property is consistent with the purpose and intent of
the proposed zone classification.
D. That the change will result in the orderly and
efficient extension or provision of public services.
Also, that the change is consistent with the County's
policy for provision of public facilities.
E. That there is proof of a change of circumstance or a
mistake in the original zoning (amended by Ordinance
No. 88-042).
- 2 - FINDINGS AND RECOMMENDATION, File Nos. PA -89-2 and ZC-89-Z
0096 0512
COMPREHENSIVE PLAN
The Bend Area General Plan has several polices and statements of
intent regarding these commercial areas. Those plans and
policies are set forth in the Staff Report of the Deschutes
County Planning Department, which policies are incorporated into
this Findings and Recommendation.
CONCLUSIONARY FINDINGS
1. Commercial areas designated on the Plan generally recognize
and reinforce existing development and zoning patterns
within the planning area, and suggest locations for
additional commercial development. Most existing commercial
uses in the urban area occur as part of a more or less
continuous strip along the major north -south and east -west
routes through the City and in downtown Bend. These
commercial areas account for most of the commercial land use
in the planning area. Although the Plan recognizes the
existing strip commercial development along major highways
in the area, it strongly recommends that new commercial
developments occur in centers rather than as strips or
extensions of the existing strips along major highways.
2. It appears that the proposal to rezone three parcels, which
contain a total of 6.41 acres, should meet the intent of the
Bend Area General Plan, specifically as it relates to
developing commercial centers as opposed to commercial
strips. The design and layout of the proposed shopping
center must receive Site Plan approval from the County and
will take into consideration the necessary aesthetic
qualities emphasized in the Plan. This property is in an
area that should allow an orderly pattern and sequence of
growth. The shopping center will be located well within the
Urban Growth Boundary and utilize Highway 97 and Reed Lane
as accesses to the property. The proposed Zone Change
appears to meet the intent of the Plan for orderly growth.
3. The change proposed for the subject properties will require
the removal of two existing dwellings and a shop building.
The owners of these lots must be willing to sell their
property and relocate to a different site. The removal of
these structures should not interfere with existing
development in the area. The three parcels to be rezoned
cannot be utilized for residential purposes if the rezoning
occurs and the development proceeds.
This will have a minor impact on the available land for
residential development, although there is no guarantee that
these parcels would ever be developed as residential
homesites. The rezoning will also have an impact on those
parcels to the west of the subject parcels, as they would
abut a Highway Commercial Zone and a shopping center as
- 3 - FINDINGS AND RECOMMENDATION, File Nos. PA -89-2 and ZC-89-Z
0096.0513
proposed to the two existing dwellings and shop building.
The net affect of this rezone on these parcels is unknown.
It may establish them as less desirable lots for residential
purposes.
4. The homes in the area should not be adversely affected by
the Zone Change. There will be more traffic and noise and
these homes may become less desirable as dwelling units.
They are already close to existing commercial development,
however, and the net affect may be minimal adverse impact on
livability and property values.
5. The development of a shopping center in a Highway Commercial
Zone will create additional traffic, which may help some
existing businesses and may cause increased competition for
others. The shopping center would possibly be developed at
a smaller scale and still have the same kind of effect on
existing businesses. It does not appear that the rezone
would have a detrimental effect on potential commercial
development in the vicinity.
6. The proposed rezone from Residential to Highway Commercial
is to accommodate a large shopping center complex. The
applicant states the large site requirements is necessary
for the feasibility of the overall project. The site
standards have apparently been established and the building
sizes, parking, access and landscaping requirements increase
the needed space. There are currently no sites abutting
south Highway 97 that exceed 15 acres in size and there are
no available or undeveloped sites on north Highway 97 that
exceed 20 acres in size. The applicant futher desires to
locate on the south end of Bend. This site meets the intent
or purpose of the Highway Commercial Zone, including
providing for those uses which have large site requirements
and highway access, and provide services to the traveling
public and are dependent on thoroughfare travel.
7. The subject property is in an area that is served by a
community sewer system and it appears the applicant should
have an adequate source of community water. The shopping
center must connect to the City sewer system to be able to
develop at the size proposed. Electric and phone service
will be available and any road improvements required by
either the State Highway Division or the County Public Works
Department must be completed by the developer. This site
was undoubtedly chosen for its location, both from a
financial and development potential standpoint, with sewer,
water and other utilities available for a large development.
8. The change of circumstance appears to center on the need for
a large site requirement (20 acres) for a shopping center
which has an anchor tenant and several smaller tenants on-
site. The applicant undoubtedly desires to lease all spaces
and realize added revenue from the overall development. The
- 4 - FINDINGS AND RECOMMENDATION, File Nos. PA -89-2 and ZC-89-Z
0096 0514
trend in commercial development has for years been toward
shopping centers as opposed to individual stores, and the
applicant is in the business of developing shopping centers.
9. At the time the Plan was adopted, the trend toward shopping
centers was underway and the provision for a rezoning of
property was established in the implementing Zoning
Ordinance. It was apparently recognized that shopping
centers were a kind of development that would be continued,
and, in fact, were encouraged by the Goals and Intents of
the Plan. It seems reasonable to expect that areas or
properties that border certain Commercial Zones would be
targets for rezoning, especially with the sustained economic
growth that has occurred over the last several years. It
appears that the change of circumstances for this property
warrants a rezone of 6.4 acres of residentially zoned
property.
BASED UPON the Findings set forth above, the Hearings Officer
hereby recommends APPROVAL of the proposed Plan Amendment and
Zone Change subject to the following condition:
1. The applicant shall provide a legal description of the
entire area to be rezoned to the Planning Division
prior to adoption by the Board of County Commissioners.
DATED and MAILED this 7th day of April, 1989.
EDWARD P. FITCH
Hearings Officer
cc: BOCC
Bend Urban Area Planning Commission
City of Bend Planning Director
Deschutes County Planning Director
Mike Freeman
Robert S. Lovlien
- 5 - FINDINGS AND RECOMMENDATION, File Nos. PA -89-2 and ZC-89-Z