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1990-21547-Ordinance No. 90-023 Recorded 7/19/1990Y € E-ViE\A/ED 90-21547 i 08 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES ,UaN An Ordinance Amending Ordinance LIP3 r, No. 80-216, the Bend Area General * '' Plan, to Change the Designation of Certain Property From Neighborhood Commercial and Urban Standard Residential to Convenience Commer- cial, and Declaring an Emergency. ORDINANCE NO. 90-023 WHEREAS, Scott Oakley proposed the redesignation of certain property from Neighborhood Commercial and Urban Standard Residen- tial to Convenience 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 May 15, 1990; and WHEREAS, the Hearings Officer recommended that the proposed redesignation of property be approved by decision dated May 30, 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 Neighborhood Commercial and Urban Standard Residential to Convenience 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 May 30, 1990, relating to Plan Amendment Application No. PA -90-5, marked Exhibit "C," attached hereto and by this reference incor- porated 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. 90-023 KEYPUNCHED JisL i0l - 082,17 DATED this day of 1990. BOLD 4 COUNTY COMMISSIONERS OF PESCHUTES COWTY, OREGON Secretary 2 - ORDINANCE NO. 90-023 , commissioner '�� ,.��,. EXHIBIT Lw � ww��» PROPERTY DESCRIPTION MINOR PARTITION 89-35 (TOTAL AREA) SCOTT OAKLEY A parcel of land located in the Southeast One -Quarter Northeast One -Quarter Southeast One -Quarter Section 22, Township 17 South, Range 12 East of the willamette Meri- dian, Deschutes County, Oregon, being described as follows: Commencing at the Southeast corner of said Section 22, thence North 0 degrees 02' 28" East along the east line of Sec. 22, 1319.06 feet to the South 1/16 Corner between Sections 22 and 23; thence leaving said section line South 89 degrees 42' 43" West 40.00 feet to the true Point of Beginning of this desc- ription, said point being a 5/8" `iron rod on the westerly right of way line of 27th Street; thence continuing South 89 degrees 42' 43" West 549.25 feet to a 5/8" iron rod on the southerly right of way line of Butler Market Road; thence along said right of way line along the following courses: along the arc of a 1185.92 foot radius curve concave to the northwest, a distance of 459.92 feet, the chord of which bears North 57 degrees 41' 57" East 457.05 feet to.a 5/8" iron rod; thence North 46 degrees 35' 21" East 167.86 feet to a 5/8" iron rod; thence leaving said right of way line South 66 degrees 41' 05" East 44.88 feet to a 5/8" iron rod on the westerly right of way line of 27th Street; thence South 0 degrees 02' 28" West along said line a distance of 339.0G feet to the Point of Beginning and there terminating, containing 2.09 acres, more or less. EXHIBIT "B" • t i L 111 wal .•s ` ` ' I' . • • \ i � f • , • tf ` ^ .Q �N , I a ..« �° ..•—rem-_--� •--r— o } �. � - � t .. 1 I will `• ~tZ �• ~ ~ 1 .� .. t.� -.►' --- ------------- ----------- .•• -�.1 a�� 7f• .--'ti ---_-----,---.-- `�, gal ., • . � N �, -. i. V 1 i t 6t e ovi =. '.�. ' 1' • �. t �. LLJ 52 LUQ • t i L 111 wal .•s ` ` ' I' . • • \ i � EXHIBIT "C" a 0830 FINDINGS AND RECOMMENDATION FILE NOS. PA -90-5 and ZC-90-6 APPLICANT: Scott Oakley 20 N. W. Greenwood Bend, OR 97701 REQUEST: Applications for a Plan Amendment and Zone Change to change the Plan designation and the zoning on a 2.2 acre parcel from Urban Standard Residential and Neighborhood Commercial to Convenience Commercial. PLANNING STAFF REPRESENTATIVE: Paul Blikstad BURDEN OF PROOF: The. applicant must establish that the Plan Amendment and Zone Change conform with the Bend Area General Plan and Section 33 of PL - 11, the Bend Area Zoning Ordinance. PRELIMINARY FINDINGS 1. LOCATION: The subject property is located at 2409 Butler Market Road and is described as 17-12-22, Tax Lots 97, 98 and 99. 2. ZONE: The subject property is currently zoned CN, Neighborhood Commercial on a one-half acre portion of the property, with the remainder. of the parcel .having a RS. Urban Standard Residential zoning. The one-half acre portion zoned CN divides the property into two RS portions. HEARING AND EXHIBITS The hearing on the above -referenced application was held on May 15, 1990, at the Deschutes County Administration Building. The following exhibits make up the record in this matter: A. Application; B. Petition for approval; C. Burden of Proof Statement; and D. Staff Report. CRITERIA FOR REVIEW A. The Bend Area General Plan has the following goals which establish a framework for commercial development: -1- FINDINGS AND RECOI.MENDATION, File Nos. PA -90-5 and ZC-90-6 �t)I � 0831 1. Concerted community efforts shall be made to improve the appearance of existing commercial areas, and similar considerations encouraged in all new developments. 2. New commercial areas in outlying sections shall be developed as centers rather than as strips along major roads. 3. Development standards should be established for all commercial areas and particularly for those which will be adjacent to residential districts. 4. A limited number. of neighborhood commercial developments should be permitted in residential areas as a convenience to the residents, and these uses shall conform to the character of the areas in which they are located. 5. Concerted efforts shall be made to rehabilitate or redevelop older commercial areas in order to retain their values to the community. The Plan establishes the following guidelines for convenience commercial areas: Convenience Commercial areas are intended to provide for the frequent shopping or service needs of nearby residential areas. They will consist principally of a relatively wide range of small.retail and service uses, the largest of which would be a grocery store. Uses such as a grocery store, drug store, small bakery shop, speciality shops•and offices would be typical.of these areas. These areas are located on the plan along Greenwood on the east side, and on Galveston, -14th and Newport on the west•side. As time passes, there may be a need for convenience areas not shown on the plan. If this happens, new convenience areas should occur as centers, rather than as commercial strips along major streets or highways. Convenience centers should .be located on major or collector streets, preferably at or near an intersection with another similar street, and have a site size of from 2 1/2 to 4 acres. In order that convenience centers remain oriented toward serving nearby residential areas and do not expand to serve much larger parts of the community, commercial floor area should be limited to 35,000 to 55,000 square feet. They should be spaced from 1 to 1 1/2 miles apart, and new locations should be based on realistic economic projections which demonstrate a need for the facilities. In the Commercial Areas - Statements of Intent of Plan, the following pertain to this request: -2- FINDINGS AND RECOP•'MENDATION, File Nos. PA -90-5 and zC-90-6 3. Commercial uses along major streets and highways shall be subject to special development standards relating to landscaping, setbacks, signs and median strips. 5. 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. 6. 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. The purpose of the Convenience Commercial Zone is as follows: "This zone is intended to provide locations for a relatively wide range of small businesses and services which fit into the residential development pattern as a convenience to residents in that part of the County, and to recognize existing uses of this type within the County. New centers of this type are intended to be limited in size to not more than four acres of contiguous land and to be located and developed in a manner consistent with the General Plan." Section 33 of PL -11 requires the following: Standards for Zone Change. The -burden of proof is upon the one seeking the 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 circumstances or a mistake in the original zoning. -3- FINDINGS AND RECOMMENDATION, File Nos. PA -90-5 and ZC-90-6 � J1, - 0833 FINDINGS OF FACT 1. The property is approximately 2.2 acres and has an existing convenience store, with parking and access off of 27th Street and Butler Market Road. The store was approved through a Site Plan in 1987 (SP -87-24). The one-half acre portion was rezoned through a Plan Amendment (PA -86-2) and Zone Change (ZC-87-1) from RS to CN. The applicant also received approval to construct a video store and delicatessen on the site (SP -89-11). 2. The subject property was divided into three parcels through a Minor Partition (MP -89-35) in 1989. 3. The applicant is requesting approval of a Plan Amendment and Zone Change for the subject property to rezone the entire property (three tax lots) to Convenience Commercial. The applicant has submitted a Burden of Proof Statement addressing the criteria of Section 33 of PL -11. The applicant has also submitted a petition signed by approximately 875 people that would like to see gasoline and related products at this site. 4. The following transmittal responses were received: A. The County Public Works Department states that they reserve their comments until Site Plan Review. B. The Bend Fire Department states that the applicant must maintain the fire hydrant clear and accessible three feet from the hydrant. C. The County Building Safety Division states that if the pump canopy is attached to office/shop, the type of construction for the "building becomes much more expensive. D. The City of Bend states that the applicant should sign a Phase II Sewer Agreement and a Water Agreement, along with a Consent to Annexation Agreement. This parcel should have limited access according to the arterial access policy. E. The Watermaster'.s Office states that there are no water rights on this property. F. The County Environmental Health Division, the County Address Technician and Pacific Power & Light had no comments. -4- FINDINGS AND RECOP•MENDATION, File Nos. PA -90-5 and ZC-90-6 !OIL 0834 5. The applicant's request for a Convenience Commercial Zone on the subject property appears to meet the intent of the plan for establishing a commercial center. The property has an existing store and the applicant has obtained approval for a video store/delicatessen building on the site. Access to site is the most important aspect of development at this site, and it appears that no new accesses will be allowed from either 27th Street or Butler Market Road to this site. The development potential for this property is limited with this restriction. The applicant has stated an intent to install gasoline pumps at this site, and the only avenue to accomplish this was to obtain approval of a Plan Amendment/Zone Change to Convenience Commercial. The rezoning of this property should not have an adverse impact on the area, and will be consistent with the existing character of the store and vicinity. This commercial zone should also be consistent wiht the plan's intent to promote an orderly pattern and sequence of growth. The small size of the subject property and the limited access that is allowed will limit the development potential of this property. The applicant must complete the landscaping proposed on the site plan to enhance the aesthetics of the area. 6. The store has been in place for approximately one year, but was under construction for quite some time. The parking lot was paved and a fire hydrant installed for the store. This property is not suited to residential development due to its location to the intersection of • two arterials in the urban area. The property in the vicinity of the subject property is relatively undeveloped, with the exception of Nasu Park subdivision across Butler Market Road. The store has not appeared to limit or hinder development of the surrounding area, or had an adverse impact upon the sales of adjacent parcels. The store services the residents of this northeast Bend area and is the only commercial use in this entire northeast region of the Bend Urban Area. The closest commercial use would be the 'Highway 97/Revere Avenue commercial area. It is the Hearings Officer's position that the proposed Zone Change wili have minimal adverse impact on the area and should not interfere. with the existing development, development -potential or value of other land in the vicinity. 7. The proposed Zone Change is for a parcel that is 2.2 acres in size and is sought to allow the sales of gasoline at the site. If the Plan Amendment/Zone Change is approved, the applicantwould be required to submit Conditional Use and Site Plan applications for the proposed change. This site has somewhat limited potential for commercial development due to its size, shape and location. The area north of the store is not suited to the placement of any structures and the access to the site will be limited by the Public Works Department. The development potential of this property will -5- FINDINGS AND RECOMMENDATION, File Nos. PA -90-5 and ZC-90-6 101 - 0835 limit its impact on the area. As stated above, the applicant must complete the landscaping required in the Site Plan approval granted for the store. 8. Water is supplied to the fire hydrant by Avion Water. The applicant has stated that he now uses Avion Water for potable water for the store. Electric and phone service exist on the property. A septic system services the store. The applicant indicated he has signed Sewer, Water and Consent to Annexation Agreements with the City of Bend.. Fire protection is provided by the Bend Fire Department. The subject development has met the policy of an orderly and efficient extension of the public services. 9. There was no mistake in the original zoning of this property. The applicant has established a convenience store and facilities and has changed the zoning on a portion of the property to CN, Neighborhood Commercial. The development of the area has created an opportunity for a convenience store, and it appears as if the store will be economically viable. The sale of gasoline is a logical extension of many convenience stores and the applicant has stated his intention to pursue this use. As stated above, the size, shape and location of this proeprty limit the development potential of the property. The many permitted uses allowed in the Convenience Commercial Zone are of a store or commercial shop use. The access to this parcel will be limited due to its location adjacent to two urban arterials. It appears that if this Zone Change is approved, the site can only accommodate limited commercial development. The Hearings Officer believes that there has been a change of circumstances and the Convenience Commercial zoning.is appropriate for this property. BASED .UPON the foregoing Findings, the Hearings Officer hereby RECOMMENDS APPROVAL subject to the following conditions: 1. The applicant shall provide a legal description of the subject property to be used for the Plan Amendment/Zone Change Ordinance, thirty (30) days prior to the adoption of this change. 2. The applicant shall provide verification that the landscaping required for the store has been completed. -6- FINDINGS AND RECOMMENDATION, File Nos. PA -90-5 and ZC-90-6 101 - O836 DATED and HAILED this 30th day of May, 1990. EDWARD P. FITCH Hearings Officer cc: BOCC Bend Urban Area Planning Commission Deschutes County Planning Director Mike Freeman John Hossick