1990-16985-Ordinance No. 90-021 Recorded 6/7/1990A
BEFORE"THE BOARD OF COUNTY COMMISSIONERS
An Ordinance Amending Ordinance
No. 80-216, the Bend Area General
Plan, to Change the Designation of
Certain Property From Residential
(6,000 sq. ft.) to Commercial, and
Declaring an Emergency.
OF D1SCHUT'ES�' OR
ORDINANCE NO. 90-021
WHEREAS, Robert S. Anderson proposed the
certain property from Residential (6,000 sq.
and
and
WHEREAS, notice of hearing was given in accordance with law;
WHEREAS, the Hearings Officer held a hearing on the proposed
redesignation of property on April 3, 1990; and
WHEREAS, the Hearings Officer recommended that the proposed
redesignation of property be approved by decision dated April 18,
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 Residential (6,000 sq.
ft.) to Commercial.
Section 2. The Board of County Commissioners adopts as its
findings and conclusions in support of the plan amendment, the
Findings and Decision of the Hearings Officer, dated April 18,
1990, relating to Plan Amendment Application No. PA -90-2, 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.
1 - ORDINANCE NO. 90-021
MICROFILMEV Em V1
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redesignation
Of
ft.) to Commercial;
WHEREAS, notice of hearing was given in accordance with law;
WHEREAS, the Hearings Officer held a hearing on the proposed
redesignation of property on April 3, 1990; and
WHEREAS, the Hearings Officer recommended that the proposed
redesignation of property be approved by decision dated April 18,
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 Residential (6,000 sq.
ft.) to Commercial.
Section 2. The Board of County Commissioners adopts as its
findings and conclusions in support of the plan amendment, the
Findings and Decision of the Hearings Officer, dated April 18,
1990, relating to Plan Amendment Application No. PA -90-2, 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.
1 - ORDINANCE NO. 90-021
DATED this �7�6 day of 1990 0101 0324
.
WARD OF COUNTY COMMISSIONERS
OF PESCHUTES COUNTY, OREGON
"LOIS B OW PRANTE, Commissioner
ATT T:1 114 1W
TOM HR OP, hair
Recording Secretary I MCK MAUDLIN, Commissioner
2 - ORDINANCE NO. 90-021
0101 ®325
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"
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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 032'7
RECEIVED
APR 1 9 1990
Applications for a Plan Amendment and Zone
Change from RS, Urban Standard Residential to
CH, Highway Commercial.
Paul E. Blikstad
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
y.
-1- FINDINGS AND DECISION, File No. PA -90-2 and ZC-90-3
0101 0328
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.
60-
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0101. 0329
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
-3- FINDINGS AND DECISION, File No. PA -90-2 and ZC-90-3
t
0.01 0330
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)
A.
-4- FINDINGS AND DECISION, File No. PA -90-2 and ZC-90-3
r-
0101 0331
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.
0.4
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0101 0332
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 a legal description of the
subject property to the Planning Division for the
Ordinances adopting the PA/ZC changes.
P.
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t
0.01 0333
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
I"
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a