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1990-16984-Ordinance No. 90-022 Recorded 6/7/1990A BEFORE THE BOARD OF COUNTY COMMISSIONERS An Ordinance Amending Ordinanccee -16984, No. PL -11, the Bend Urban Growth Boundary Zoning Ordinance, As Amended, Changing the Zoning From Urban Standard Residential Zone - RS Zone to Highway Commercial Zone - CH Zone, on an Approximately 2.43 -Acre Parcel of Real Property Located in Section 4, Township 18 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, and Declaring an Emergency. REVIEWED L:. �CCI,;; SELL OF DESCHU--BOUNTY, OREGON ORDINANCE NO. 90-022 WHEREAS, Robert S. Anderson proposed a Urban Standard Residential Zone - RS Zone to Zone - CH Zone on certain real property; and and 0101 0312 Mtcro�, 31 ko rl �� t zone change fpm �.) Highway Commecial WHEREAS, notice of hearing was given in accordance with law; WHEREAS, the Hearings Officer held a hearing on the zone change on April 3, 1990; and WHEREAS, the Hearings Officer recommended that the zone change requested for the subject property be approved by decision dated April 18, 1990; and WHEREAS, the decision of the Hearings Officer has not been appealed; and WHEREAS, by Ordinance No. 90-021, 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 zoning on 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 Residential Zone - RS Zone to Highway Commercial Zone - CH Zone. Section 2. To adopt the Findings and Decision of the Hear- ings Officer dated April 18, 1990, relating to Zone Change Application No. ZC-90-3, marked Exhibit "C," attached hereto and 1 - ORDINANCE NO. 90-022 0101 0313 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 dinance takes effect on its passage. DATED this day of , 1990. BOARD OF COUNTY COMMISSIONERS OF PESCHUTES COUNTY, OREGON AT ESTL:44 Recording Secretary 2 - ORDINANCE NO. 90-022 'TOW PRAN 3Pa hair I , coin , Commissioner ssi.oner 0.01 0314 EXHIBIT "A" Beginning 177.79 feet East of the Southwest corner of Tract 23, Virginia Park, Deschutes County, Oregon; thence North 225.28 feet; thence East 175 feet; thence South 225.28 feet; thence West 175 feet to the place of beginning. This tract being designated on a plat on file in the Assessor's Office for convenience in writing tax rolls as Tract E of Tract 23, Virginia Park. ALSO, a portion of Tract 23 of Virginia Park, Deschutes County, Oregon, described as follows: Beginning at a point 352.79 feet East of the Southwest Corner of said Tract 23; thence North 225.28 feet; thence East 293.19 feet; thence South 225.28 feet; thence West 293.17 feet to the point of beginning. Con- taining 1.51 acres more or less and being designated as Tract F of Tract 23, Virginia Park, according to Arbitrary Plat in County Assessor's Office. 1 - EXHIBIT "A" • EXHIBIT "B" 0101 0315 , 0 o O ' N n • D r � o ? a C ISo _ See Mao 1! 42 S00 p G n !NIA H/ _ -.- _ _. .- _.. ... _ .rte � . - �-~� \` �."• _ b � \ N Ol S O O_ 1 - al o ' 4 fn O A o m S < �" m ` O _ cpi n rq Y • S — , pr`�o • S i 1 Z C � o P . 'P O , N N �•' sa o 0 — o / s 7 ) See 4a0 IB 12 4C FILE NO. APPLICANT: REQUEST: PLANNING STAFF REPRESENTATIVE: EXHIBIT "C" FINDINGS AND DECISION PA -90-2 and ZC-90-3 Robert S. Anderson 1134 Mano Drive Kula, HI 96790 0101 0316 RECEIVED APR 1 9 1990 Applications for a Plan Amendment and Zone Change from RS, Urban Standard Residential to CH, Highway Commercial. Paul E. B1 ik stad BURDEN OF PROOF: The applicant must establish that the proposed Plan Amendment and Zone Change conform with Sections 33, 14 and 19 of PL -11, the Bend Urban Growth Boundary Zoning Ordinance. PRELIMINARY FINDINGS 1. LOCATION: The subject property is located on Reed Market Road east of Highway 97 and is described as 18-12-4CC, Tax Lot 1300. 2. ZONE: The subject property is zoned RS, Urban Standard Residential and is designated Residential by the Bend Area General Plan. HEARING AND EXHIBITS The hearing was held on the above -referenced applications on April 3, 1990, 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; D. Departmental Responses: 1. County Public Works Department; 2. State Highway Division; 3. Watermaster's Office; 4. Bend Fire Department; and 5. City of Bend. FINDINGS OF FACT 1. The subject property is approximately 2.43 acres with an existing dwelling and two garage -type structures. Access is off of Reed Market Road. There are scattered ponderosa pine and juniper trees and bunch grass on the site, which is -1- FINDINGS AND DECISION, File No. PA -90-2 and ZC-90-3 U 0101 031' surrounded by fences. The structures on the property were built in 1940. 2. Surrounding land use in the area is dwellings to the north, east and south, and two service stations and a dwelling to the west. The property is located near Highway 97. There are several commercial uses to the west of the property. The zoning in the area is Highway Commercial to the west, north and southwest, and Standard Residential to the east and south. 3. Tax Lot 1500 to the south of this property was rezoned in 1987. This tax lot was also adjacent to existing Highway Commercial zoning, similar to the subject property. 4. The following transmittal responses were received: A. The County Public Works Department submitted the following conditions: 1. The applicant is to dedicate land for a distance of 40 feet from the centerline of Reed Market Road for public right-of-way along the entire southern boundary of the property. • 2. An access permit is to be obtained from the Deschutes County Public Works Department for any new access to Reed Market Road. 3. A maximum of two accesses will be allowed to Reed Market Road from this property. 4. A concrete sidewalk shall be installed along the entire property frontage of Reed Market Road, or a bond shall be placed with the County for the later installation of sidewalks. 5. All drainage of surface water from roof and paved areas shall be disposed of on this property through the use of DEQ approved dry wells and not drained onto Reed Market Road or onto adjoining private lands. B. The Watermaster's Office stated that there are Arnold Irrigation water rights on this property. The applicant will need to transfer them if the PA/ZC is approved. C. The State Highway Division stated that the applicant does not appear to be requesting highway access. If the applicant plans to acquire highway frontage, he should be advised that access is controlled in this area. A. -2- FINDINGS AND DECISION, File No. PA -90-2 and ZC-90-3 U 0101 03.8 D. The Bend Fire Department stated that the applicant must provide fire hydrants and mains capable of providing the required fire flows within 150 feet of exterior walls of building before any construction begins. E. The City of Bend suggested access control on Reed Market Road. F. U S West Communications and the County Address Techinician had no comments. 5. Applicant intends to develop the property as an "auto mall" or commercial center providing a variety of automotive services and shops. APPLICABLE CRITERIA A. Conformance with Section 33(3) of PL -11: 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: 1. 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. 2. That the change will not interfere with existing development, 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 County's policy for provision of public facilities. 5. That there is a proof of a change of circumstances or a mistake in the original zoning. B. Relevant Policies of the Bend Area General Plan (Comprehen- sive Plan). 1. Urban Development shall be encouraged in areas where urban services can be provided and in a manner which will minimize tax costs related to necessary urban services such as schools, parks, highways, police, garbage disposal, fire protection, libraries and other A. -3- FINDINGS AND DECISION, File No. PA -90-2 and ZC-90-3 01.01 0319 facilities and services. (Bend Urban Area, Policy No. 1) 2. Future Development and local development standards shall recognize and respect the character of existing areas. Maximum flexibility in development should be encouraged in undeveloped areas. (Policy No. 3) 3. Residential developments should be located so that they are convenient to places of employment and shopping facilities, and they should be developed in ways which are consistent with the character of the topography and soils of the site. (Policy No. 4) 4. Commercial facilities should be allocated in a reasonable amount and in a planned relationship to the people they will serve. Efforts shall be made to separate commercial and noncommercial uses through the use of walls, fences or landscaping and open space. (Policy No. 6) 5. Strip commercial uses should be directed to those areas where a commercial development pattern of this kind already exists. Any future expansion of commercial strips, if any, shall be very carefully considered so that they do not cause unnecessary traffic congestion and do not detract from the appearance of the community. (Policy No. 7) In the General Plan under the section titled, Commercial Areas - Statements of Intent of the Plan, the following policies are established: 1. Strip commercial developments shown on the Plan along the highways shall not be extended. (Policy No. 1) 2. No new strip commercial shall be permitted along major or secondary streets. (Policy No. 2) 3. Zoning for commercial centers other than those shown on the Plan should be allocated on a basis of apparent need, and this need should be supported by "real world" data by the applicant. (Policy No. 5) 4. Care should be taken to control the size of these centers so that excessive zoning does not require the addition of other kinds of uses which would generate traffic from well beyond the service area. (Policy No. 6) -4- FINDINGS AND DECISION, File No. PA -90-2 and ZC-90-3 0101 0320 5. Care should be taken to control the size of any other new commercial developments that may be required as growth occurs. Sites should not be oversized to a point where additional uses which would generate more traffic from outside the intended service area are necessary to make the development an economic success. (Policy No. 7) CONCLUSIONARY FINDINGS A. Conformance with the Comprehensive Plan 1. The subject property is located in an area that has commercial uses on two sides, and has the potential for additional commercial uses with the existing zoning. Commercial zones generally creates more traffic than residential zones, and this traffic in turn creates visual, noise and other impacts. This area of Bend has a heavy traffic flow, with Highway 97 carrying many thousands of vehicles per day and Reed Market Road also carrying several thousand vehicles per day. The traffic level is more compatible with commercial rather than residential use. 2. The property could conceivably be divided into 10 to 12 • lots. However, development potential of this property as residential property is limited by its topography, shape, proximity to commercial areas, and its location near two busy streets, one of which is an urban minor arterial. In addition, the Public Works Department has indicated that only two accesses to this property will be allowed, which limitation would restrict residential development of this 2.43 acre size of the parcel. 3. Development of this property must meet the screening requirements established in the Plan and Zoning Ordinance and must provide safe and efficient access off of Reed Market Road. These requirements could be addressed in the site plan review. 4. The rezoning of this property should provide an orderly pattern and sequence of growth. This area has access to the City sewer system, and water, electric and phone services are available. B. Conformance with PL -11, Section 33(3). 1. The proposed zone change conforms with the Comprehensive Plan's policy to encourage respect and recognition of the character of existing development and to direct commercial uses to areas where commercial development already exist. -5- FINDINGS AND DECISION, File No. PA -90-2 and ZC-90-3 ti 0101 0321 2. The proposed Zone Change is consistent with the existing development, which is commercial on two sides, with the possibility of commercial on three sides. The dwellings that are located in this area are older homes, some of which may be demolished in the future when the commercially - zoned parcels are developed. A parcel across Reed Market Road from the subject property has two dwellings, but is zoned Highway Commercial. The parcels to the north have dwellings on them and are also zoned Highway Commercial. The proposed zone change should not significantly affect land values in the vicinity. Commercial development of the subject property must meet the site obscuring and landscaping requirements of the Plan and Zoning Ordinance. See conclusionary findings (A)(1)&(2). 3. The rezoning of the subject property is consistent with this purpose of Highway Commercial Zone. The size of this property, 2.43 acres, will allow the construction of a commercial use with a large site requirement, which could provide service to the public and be located on a main street in the urban area. Access to this site will need to be approved by the County Public Works Department and be planned in a manner that provides safe ingress and egress and is located so as not to interfere with the traffic flow on Reed Market Road. 4. The proposed zone change will result in orderly and efficient provision of services. Any structures on the property would be required to connect to the City sewer system. 5. There has been a change of circumstances since the zoning was established. New commercial development has occurred in the area, specifically a service station, bank, fast food restaurants, a movie theater with the expansion of the movie theater's parking area, and the rezoning from residential to commercial of one property across Reed Market Road. Reed Market Road has become an increasingly busier street and is one of the main east -west thoroughfares in the Bend area. BASED UPON the foregoing Findings, the Hearings Officer hereby APPROVES the applications for a Plan Amendment and Zone Change from RS, Standard Residential to CH, Highway Commercial, subject to the following conditions: 1. The applicant shall provide subject property to the Ordinances adopting the PA/: A. a legal description of the Planning Division for the ;C changes. -6- FINDINGS AND DECISION, File No. PA -90-2 and ZC-90-3 i 0101 0322 2. The applicant shall provide a title report for the subject property verifying the ownership of the property prior to the adoption of the Ordinances. THIS DECISION BECOMES FINAL 10 DAYS FROM THE DATE MAILED, UNLESS APPEALED. DATED and MAILED this 18th day of April, 1990. DENISE S. FRISB Hearings Officer cc• BOCC Deschutes County Planning Commission Deschutes County Planning Director Robert S. Lovlien w -7- FINDINGS AND DECISION, File No. PA -90-2 and ZC-90-3 >.