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1990-04811-Ordinance No. 90-012 Recorded 2/21/1990100 0 90-04811+ BEFORE THE BOARD OF COUNTY COMMISSIONERS 1545 _ i'_!1';! 0101,1 IHL OF DESCHUTES COUNTY, 01t An Ordinance Amending Ordinance * M,c2-011�M�� No. 80-216, the Bend Area General Plan, to Change the Designation of Certain Property From Urban Standard Residential ( RS ) to Highway Commercial (CH), and Declaring an Emergency. ORDINANCE NO. 90-012 WHEREAS, Fred Meyer, Inc. proposed the redesignation of!'w: certain property from Urban Standard Residential to Highway Commercial; 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 January 16, 1990; and WHEREAS, the Hearings Officer approved the proposed redesig- nation of property by decision dated February 5, 1990; 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 the Bend Area General Plan, is amended to redesignate that certain property described in Exhibit "A," and depicted on the map marked Exhibit "B," attached hereto and by this reference incorporated herein, from Urban Standard Residen- tial to Highway Commercial. Section 2. The Board of County Commissioners adopts as its findings and conclusions in support of the plan amendment, the Findings and Recommendation of the Hearings Officer, dated February 5, 1990, relating to Plan Amendment Application No. PA -89-9, 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. K r"W 1 - ORDINANCE NO. 90-012 DATED this d day of A E Recording Secretary 2 - ORDINANCE NO. 90-012 1, 0 0 "" 1546 19 9 0. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON SI&Va- LOIS TOW PRANTE, Commissioner Irlop TOM TH OOP, Chair - . Y'0�lze� 31 DLIN, tommissioner EXHIBIT "A" FRED MEM SITE WESTERLY PORTION (FOR RE -ZONING) PROPERTY DESCRIPTION 1547 108i92o6169A_o_ DATE Z - Z - i 0 BY CHKD. AW - - A parcel of land containing 4.098 acres, more or less, located in the Plat of Reed Highway Acreage, Section 2 in Section §, Township 188 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, being more particularly described as follows: Beginning at a 2" iron pipe which marks the intersection of the east boundary line of Tract 21 of said Plat of Reed Highway Acreage, Section 2 and the northerly right-of-way line of Reed Avenue which bears South 47c 56' 29" West a distance of 2412.36 feet frau a 1/2" iron for the witness corner to the Northeast Corner of said Section 8 and which bears South 180 11' 52" West a distance of 1688.18 feet from a spike marking the East 1/16 Comer between said Section 8 and Section 5, Township 18 South, Range 12 East; thence along the south boundary line of said Tract 21 of said Plat of Reed Highway Acreage, Section 2 North 890 55' 51" West a distance of 125.11 feet (record West, 125.00 feet); thence North 000 08' 33" East a distance of 434.87 feet (record North, 435.26 feet); thence North 89a 55' 51" West a distance of 124.68 feet (record West, 124.91 feet) to the west boundary line of said Tract 21; thence along the west boundary line of said Tract 21 North 000 08' 33" East a distance of 435.78 feet (record North, 435.27 feet) to the northwest corner of said Tract 21; thence along the north boundary line .of said* Tract 21 the following one curve and one course: around a 700.00 foot radius curve left 252.28 feet (chord bears North 610 25' 26" East, 250.92 feet); (record a 700.00 foot radius curve left 252.47 feet); North 510 05' 57" East a distance of 38.17 feet (record North 510 00' East a distance of 38.17 feet) to the east boundary line of said Tract 21; thence along said east boundary line of said Tract 21 South 000 08' 33" West a distance of 1015.01 feet (record North, 1015.01 feet) to the "Point of Beginning", the terminus of this description. SUBJECT TO: All easements, restrictions and rights-of-way of record and those common and apparent on the land. EXHIBIT "B" 1548 sat rap, Is �2 as N U "• j I it j � � n j y N U L 0 5 d 9 F Eg 2. 6 1990 FINDINGS AND RECOMMENDATION FILE NOS. PA -89-9; ZC-89-10 APPLICANT: Fred Meyer, Inc. P. 0. Box 42121 Portland, OR 97242 REQUEST: Applications for a Plan Amendment and Zone Change to change the Bend Area General Plan designations and the zoning on two tax lots from RS, Urban Standard Residential, to CH, Highway Commercial. PLANNING STAFF REPRESENTATIVE: Paul E. Blikstad BURDEN OF PROOF: The applicant must establish that the requested Plan Amendment and Zone, Change conforms with Section 33 of PL -11, the Bend Urban Growth Boundary Zoning Ordinance, and the Bend Area General Plan, and Sections 14 and 19 of PL -11, which establish the purpose of the Urban Standard Residential and Highway Commercial Zones. PRELIMINARY FINDINGS 1. LOCATION: The subject tax lots are located adjacent to Reed Lane between the road and the Central Oregon Irrigation canal. The tax lots are described as 18-12-8AB, Tax Lots 300 and 302. 2. ZONE: The tax lots are currently zoned RS, Urban Standard Residential.- The Bend Area General Plan designates the tax lots as residential. HEARING AND EXHIBITS The hearing was held on the above -referenced application on January 16, 1990, at the Deschutes County Administration Building. The following exhibits make up the record in this matter: A. Plan Amendment and Zone Change application; B. Findings and Recommendation for File Nos. PA -89-2 and ZC-89-2; C. Burden of proof statement; D. Tax lot maps and deeds; -1- FINDINGS AND RECOMMENDATION, File Nos. PA -89-9; ZC-89-10 1.00 - 1550 E. Memorandum from Dick Johnson, Department of Public Works, dated December 13, 1989; F. Letter from Central Oregon Irrigation District dated August 14, 1989; G. Departmental transmittals from Community Development Department, Bend Fire Department and State Highway Division; H. Staff report; and I. Site plan. FINDINGS OF FACT 1. The subject property contains two tax lots with an approximate total of 4.33 acres. The tax lots are currently zoned RS, Urban Standard Residential. 2. Applicant is requesting a Plan Amendment/Zone Change for the subject tax lots from RS to CH, Highway Commercial. The applicant previously received approval of a Plan Amend- ment/Zone Change (PA -89-2, ZC-89-2) for three parcels adjacent to the subject tax lots. 3. Applicant previously received site plan approval for the Fred Meyer store on the property adjacent to the subject tax lots (SP -89-53). Because of access requirements requested by the State Highway Division and County Public Works Department in connection with the site plan approval, Applicant changed the original layout of the store so that the store faces south rather than north. This change in layout in the revised site plan requires the rezoning of the subject property, which is to the west of the original site plan. One of the conditions attached to approval of the revised site plan was that Applicant must obtain the necessary plan amendment and zone change for the subject property. 4. The Planning Division received the following transmittals: A. Deschutes County Department of Public Works: 1. Leaving the 104 x 435 foot parcel out of this request creates an odd configuration for the parcel being considered for a Plan Amendment and Zone Change. Shouldn't this parcel, even though not owned by the applicant be included in this request to create more logical Plan Amendment and Zone boundaries? 2. The 20 foot wide strip of the applicant's land line to the west of the parcel not being included in this request, should also not be included in this Plan Amendment and Zone Change. This "panhandle" portion of the applicant's property will not be used as access to the shopping center -2- FINDINGS AND RECOMMENDATION, File Nos. PA -89-9; ZC-89-10 J.00 - 1551 and will only create an odd shaped Plan Amendment and Zone Change area. Perhaps the applicant can exchange this property for some property to the east from the parcel not being included in this application. We assume that once this request is approved, the conditions placed upon this property under a Conditional Use and Site Plan approval will be the same as those imposed on the applicant's property to the east. The Plan Amendment and Zone Change is being considered as really just an expansion of the overall Fred Meyer Shopping Center development. Thus, just one set of conditions, to be met by the applicant, will cover the entire project. This will make the administration by the County and the compliance by the applicant far simpler and more streamlined. B. The State Highway Division recommends approval of this request. C. The Bend Fire Department states that the applicant must provide fire hydrants and fire flows and access roadways, as previously required. D. Central Oregon Irrigation District reiterates their comments from the previous application. 5. Tax Lot 302 is a flag lot shaped parcel, with a 20 foot strip running approximately 435 feet from Reed Lane to the wider portion of the tax lot. STANDARDS FOR ZONE CHANGE 1. Section 33(B) of PL -11 sets forth the standards for zone changes and states: 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. -3- FINDINGS AND RECOMMENDATION, File Nos. PA -89-9; ZC-89-10 !. U 0 - 1552 C. That the change in classification of 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 circumstances or a mistake in the original zoning. 2. The Comprehensive Plan (the Bend Area General Plan) has several policies and statements of intent pertinent to commercial areas. These plans and policies are set forth in the Deschutes County Planning Department's staff report, pages 4 - 6 and are incorporated by reference into this opinion. In general, however, and particularly relevant to this application, the Plan permits commercial development adjacent to arterials and highways, provided that developments access onto frontage roads or interior roads and that access onto highways or arterials is limited. it is the intent of the Comprehensive Plan to avoid problems associated with strip development, specifically problems such as traffic congestion caused by turning movements or too much access to the highway. New commercial areas are to be located as centers rather than as commercial strips, and located at intersections of major streets, with site size of from 12 to 20 acres. Highway Commercial areas are intended to provide for those uses which have large site requirements, or are oriented to highway access. The Plan authorizes special development standards relating to landscaping, setbacks, sign and median strips; encourages review of traffic and access considerations; and provides for design review. CONCLUSIONARY FINDINGS A. Conformance with Subsection 3(A) of Section 33, PL -11. 1. The proposed Plan Amendment/Zone Change meets the intent of the Bend Area General Plan, because it furthers the concept of development of commercial centers as opposed to commercial strips. Here, Fred Meyer has proposed to locate a store on Highway 97 with a stop light for the development located at Reed Lane. A deceleration lane will be required along the entire frontage of the property on Highway 97 and a total of three accesses will be utilized to enter and exit the development. The main entrance will be from Reed Lane. This satisfies the Plan's preference for access onto interior roads and concern for minimizing traffic congestion. The changed layout of the store in the revised site plan necessitates the rezoning of this -4- FINDINGS AND RECOMMENDATION, File Nos. PA -89-9; ZC-89-10 J-00 - 1553 property which is to the west of the site. 2. The Division Street bypass (Bend Parkway) proposed by the Department of Transportation Highway Division, the City of Bend and Deschutes County, is to be located adjacent to the proposed store development. This bypass will divide the residential areas to the west from the commercial areas to the east. This change will promote an orderly pattern of growth by providing for a sensible separation of commercial and residential area. B. Conformance with Subsection (3)(B). 1. The proposed Plan Amendment/Zone Change should not interfere with existing development, development potential or value of other land in the vicinity. The subject development will change the traffic patterns in the area because the large size of the store and the name recognition of the store will draw customers from all areas, including residents of other counties. Highway 97 will continue to increase in traffic and Reed Lane will become more heavily used due to its proximity to Fred Meyer. 2. The parcels adjacent to and near the proposed store will likely increase in value based on the drawing potential of a large retail operation such as Fred Meyer. The existing dwellings in the area may be adversely affected, but because of their existing close proximity to a commercial area the net effect may be minimal and not unexpected. Increased traffic is expected when the commercial property is developed. As stated above, the Division Street bypass is to be located near the proposed store and will separate residential to the west from commercial development to the east. Dwellings located where the bypass is proposed .may eventually be removed for highway construction. C. Conformance with Subsection 3(C). The proposed change in zoning for the subject tax lot is consistent with the purpose and intent of the Highway Commercial Zone which is intended to provide for those uses which have large site requirements and are oriented towards highway access. The proposed store will have a significant impact on the existing roads in the area with the store being the destination point for many travelers. The CH Zone provides the zoning for commercial developments and the subject store will be utilizing a site with highway access and a large size. -5- FINDINGS AND RECOMMENDATION, File Nos. PA -89-9; ZC-89-10 1 -OU - 1554 D. Conformance with Subsection 3(D). The proposed store will be hooked up to the City sewer and water system, and will have electric, phone and possibly natural gas service. These utilities will be extended to the development at cost to the developer. The result will be an orderly extension of these services. Applicant will be required to make improvements to Reed Lane as well as improvements on the proposed realigned Reed Lane and provide the deceleration lane on Highway 97. The proposed development will be a change to the existing development in the area and will also be an infilling of commercial zoning. E. Conformance with Subsection 3(E). The change of circumstance requirement was addressed during the rezoning of adjacent acreage abutting the highway from Residential to CH, Highway Commercial. Those findings and conclusions are set forth in the Hearings Officer's opinion (PA -89-2 and ZC-89-2, April 7, 1989) and adopted by reference herein. The relatively small parcel affected by this Zone Change/Plan Amendment is necessary to complete the previously granted Zone Change/Plan Amendment for that adjacent site to the east. During the site plan review process, access to the property was changed to provide for main access from Reed Lane rather than Highway 97. This access change grew out of concerns of State Highway Department of Transportation and Deschutes County Public Works Department's concern about traffic impact on Highway 97. During the site plan review process, approval of the changed development layout was granted. This reorientation of the store constitutes a change in circumstances warranting the rezoning of this small amount of additional acreage to complete the development. Inasmuch as the proposed Division Street bypass will virtually separate the residential area from the commercial area, the change from residential to commercial use is acknowledged by this Zone Change/Plan Amendment. DECISION 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 conditions: -6- FINDINGS AND RECOMMENDATION, File Nos. PA -89-9; ZC-89-10 IOU �* 1555 1. Applicant shall exclude from the Plan Amendment/Zone Change request the 20 foot strip of Tax Lot 302 that runs approximately 435 feet from Reed Lane to the wider portion of the tax lot. 2. Applicant shall provide a legal description of the proposed area to be rezoned, excluding the strip mentioned above, to the Planning Division prior to final notice being sent out for the Board of County Commissioners hearing on the Plan Amendment/Zone Change. THIS DECISION BECOMES FINAL 10 DAYS FROM THE DATE BAILED, UNLESS APPEALED. DATED and BAILED this 5th day of February, 1990. DENISE S. FRXSPEE Hearings Of i er cc: BOCC Deschutes County Planning Commission s butes.=!County:-.::PlanningmDi rector City of Bend Planning Director Mike Freeman Robert S. Lovlien -7- FINDINGS AND RECOMMENDATION, File Nos. PA -89-9; ZC-89-10