1992-03678-Ordinance No. 92-005 Recorded 1/27/199292-036'78
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LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending PL -20, Deschutes*
008 1129
County Year 2000 Comprehensive Plan
Map, changing the Commercial plan
Designation to Limited Rural
Industrial on Approximately 15 acres
of Real Property in the LaPine Rural
Service Center Located in Township 22
South, Range 10 East of the Willamette*
Meridian, Section 14, Deschutes
Oregon, and Declaring an
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Emergency.
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ORDINANCE NO. 92-005
WHEREAS, the Shields family proposed a Plan Amendment to the
Deschutes County Year 2000 Comprehensive Plan on real property located
in the LaPine Rural Service Center (as more fully described in Exhibits
"A" and "B") to change the Plan designation from Commercial to Limited
Rural Industrial; and
WHEREAS, after giving notice of a hearing in accordance with
Sections 22.24.030 and 22.24.040 of the Deschutes County Code, the
Hearings Officer held a hearing on the amendment on June 18, 1991; and
WHEREAS, the Hearings Officer recommended that the plan amendment
requested for the subject property be approved, by decision dated July
19, 1991; and
WHEREAS, the Board of County Commissioners held a hearing on
October 1, 1991, to consider the application, and notice of the hearing
was given in accordance with law; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS AS FOLLOWS:
Section 1. That PL -20, the Deschutes County Year 2000
Comprehensive Plan Map, as amended, is further amended to change the
plan designation on the subject property, as described in the legal
description attached hereto as Exhibit "A" and by this reference
incorporated herein and the map attached hereto as Exhibit "B" and by
this reference incorporated herein, from Commercial to Limited Rural
Industrial.
Section 2. In support of its decision, the Board adopts the
findings and decision attached hereto as Exhibit "C" and incorporated
herein by reference.
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1 - ORDINANCE - NO. 92-005
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 , 1992. 0108 1
7 r 1�0
BOARD OF COUNTY COMMISSIONERS OF
ATT T:
cording Secretary
2 - ORDINANCE - NO. 92-005
0108 1131
EXHIBIT "A"
The NE 1/4 of the NW 1/4 of Section 14, Township
22, South, Range 10, East of the Willamette
Meridian, Deschutes County, Oregon.
EXHIBIT "B"
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EXHIBIT "C" 0108 1133
BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY
In the Matter of the Application
of the Shields family for a Plan * FINDINGS AND DECISION
Amendment and Zone Change (PA -90-9
and ZC-90-10).
Basic Findings:
1. Applicants are Herbert, Sylvia, Katherine, Leon and Mike
Shields, Six Bit Prairie Ranch, LaPine, Oregon 97739.
2. The subject property is located at 16528 Sly Drive, in
LaPine, and is further identified on Deschutes County
Assessor's Map 122-10-14BA as tax lots 1000, 1400, 1500,
1600 and 1700.
3. The subject property is zoned RSC, Rural Service Center,
and is designated Commercial/Rural Service Center on the
Deschutes County Comprehensive Plan.
4. The applicants request a comprehensive plan map
amendment from Commercial to Limited Rural Industrial,
in the LaPine Rural Service Center, and a zone change
from RSC to R -I. The request encompasses approximately
15 acres and involves an exception to Statewide Planning
Goal 14, Urbanization.
5. The criteria applicable to this request are described on
pages 3 through 5 of the Hearings Officer's findings and
recommendations dated July 19, 1991, which is attached
to this report and incorporated by reference herein.
Findings of Fact:
1. The Board adopts findings of fact 1 through 8 contained
in the Hearings Officer's findings and recommendations
dated July 19, 1991, and incorporates them by reference
herein.
2. The subject properties have road access to Reed Road to
the north via a 30 -foot easement, and access to William
Foss Road to the south via a 30 -foot easement road over
land owned by the Bureau of Land Management. The BLM
easement is detailed in a letter to Sylvia Shields dated
September 9, 1980, and is incorporated by reference
herein.
3. Opponents to the amendments asserted that the requests
Shields Family - PA -90-9 and ZC-90-10
Page 1
0108 1134
should be denied because Section 18.100.040 set
standards for roads in industrial areas that William
Foss Road could not meet. Opponents also testified that
many of the conflicts between the industrial use of the
property were a result of dust, noise and pollution due
to truck traffic in residential areas, and because of
wrecked vehicles and debris on the subject properties.
4. The applicants testified that they would be willing to
construct a sight -obscuring fence, remove equipment and
do some clean-up of the area as a condition of approval
of the zone change.
Conclusions of Law:
1. The application satisfies the exception requirements of
Goal 2, Part II, Exceptions, as demonstrated by findings
1 through 5, Exceptions, contained in pages 9 and 10 of
the Hearings Officer's findings and recommendations
dated July 19, 1991. These findings are adopted by the
Board and incorporated by reference herein.
2. The application satisfies the requirements of Section
10.025 of PL -15 (since codified as Section 18.136.030 of
Title 18) as demonstrated by findings 1 through 4, Zone
Change Criteria, contained on page 10 of the Hearings
Officer's findings and recommendations dated July 19,
1991 and as supplemented herein. The above -referenced
findings of the Hearings Officer are adopted by the
Board and incorporated by reference herein.
The Board notes that Section 10.025(B) requires findings
of consistency between the zone map amendment and the
purpose and intent of the proposed zone classification.
Among other things, the purpose and intent of the Rural
Industrial Zone is to designate areas appropriate for
industrial uses, "...while protecting the existing rural
character of the area as well as preserving or enhancing
the air, water and land resources of the area." The
Board adopts the findings of the Hearings Officer with
respect to the character of the area (Findings of fact 3
and 4 of Hearings Officer's Findings and
Recommendation), and with respect to the historical and
current use of the subject property (Paragraphs 2-4 in
the Exceptions section of the Hearings Officer's
Findings and Recommendation). The Board is concerned
about the current appearance of the subject properties,
and about identified conflicts between industrial and
residential uses in this area. The Board finds that by
excluding certain "heavy industrial" uses, such as
wrecking yards, freight depots, lumber manufacturing and
wood processing operations, concrete or ready -mix
plants, crushing of minerals, commercial feedlots and
slaughterhouses, railroad facilities, pulp and paper
manufacturing, agricultural processing plants, landfills
Shields Family - PA -90-9 and ZC-90-10
Page 2
0108 11.35
and hydroelectric facilities through the imposition of
the LU zone on the properties nearest the conflicting
residential uses, the rural character of the area
described above will be preserved. In addition, the
Board finds that the rural character of the area can be
preserved by the imposition of conditions that would
require a general clean-up of the area and construction
of a sight -obscuring fence. The Board finds from the
testimony of the applicant (see finding #4, above) that
the applicant would be willing to adhere to conditions
regarding the construction of a sight -obscuring fence
and general clean-up of the area.
3. In response to the testimony of opponents described in
finding of fact #3, the Board finds that the use
limitations contained in Section 18.100.040(B) and (C)
are applicable only to those uses which generate traffic
volumes as specified. These standards do not, by
themselves, prohibit industrial uses from using William
Foss Road for vehicular access.
4. The Board concurs with the findings and recommendations
of the Hearings Officer regarding the Limited Use
Combining Zone (LU) as described on page 11 of the
Findings and Recommendations dated July 19, 1991. The
LU Zone shall be applied to tax lots 1600 and 1700; uses
shall be limited to light industrial; a 100 -foot
building setback shall be applied to the south property
lines of tax lots 1600 and 1700. This setback shall not
apply to parking or storage facilities. Uses allowed in
the LU zone are as follows:
a. Uses permitted outright:
(1.) Farming
(2.) Residence for caretaker or night watchman on
property.
(3.) Contractor's or building materials business
and other construction -related business
including plumbing, electrical, roof,
siding, etc., provided such use is wholly
contained within a building or no outside
storage is permitted unless enclosed by
sight -obscuring fence.
(4.) Ice or cold storage plant.
(5.) Wholesale distribution outlet including
warehousing, but excluding open outside
storage.
(6.) Welding, sheet metal or machine shop
provided such is wholly enclosed within a
building or all outside storage is enclosed
by a sight -obscuring fence.
(7.) Veterinary clinic or kennel.
(8.) Laboratory for experiment, research or
testing.
Shields Family - PA -90-9 and ZC-90-10
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(9.) Compounding, packaging and storage of
cosmetics, drugs, perfumes, pharmaceuticals,
soap or toiletries excluding all processes
involving refining or rendering of fats and
oils.
(10.) Government buildings including armories and
maintenance, repair or storage facilities
provided all outside storage is enclosed by
a sight -obscuring fence.
(11.) Manufacture, repair or storage of ceramic
products, musical instruments, novelties,
rubber or metal stamps, toys, optical goods,
scientific or electronic supplies and
equipment, business machines, pleasure
boats, furniture, signs and similar
operations provided no outside storage is
involved.
(12.) Processing, packaging and storage of food
and beverages excluding those requiring
distillation, fermentation, rendering of
fats or oils, or slaughtering.
(13.) Electrical substations.
b. Conditional uses:
(1.) Public or semi-public use.
(2.) Manufacture, repair, rental, sales,
servicing, and storage of machinery,
implements, equipment, trailers or
manufactured homes.
(3.) Any use permitted by Section 18.100.020,
above, which involves open storage.
(4.) Petroleum products storage and distribution.
(5.) Any use permitted by Section 18.100.020,
above, which is expected to exceed the
following standards:
(A.) Lot coverage in excess of 70%.
(B.) Need for more than one acre of land.
(C.) Generation of any odor, dust, fumes,
glare, flashing lights or noise that
is perceptible without instruments 500
feet from the property line of the
subject use.
(6.) Manufacture, repair or storage of articles
manufactured from bone, cellophane, cloth,
cork, feathers, felt, fiber, glass, stone,
paper, plastic, precious or semi-precious
stones or metal, wax, wire, wood, rubber,
yarn or similar materials, provided such
uses do not create a disturbance because of
odor, noise, dust, smoke, gas, traffic or
other factors.
(7.) Plant nursery or greenhouse.
Shields Family - PA -90-9 and ZC-90-10
Page 4
conclusions•
0108 1137
Based on the findings and conclusions contained herein, the
Board concludes the application satisfies all relevant
criteria and approves the plan amendment from Commercial to
Limited Rural Industrial; approves the zone change from RSC
to R -I; applies the Limited Use Combining Zone to tax lots
1600 and 1700 as described in conclusion# 4; and orders that
the applicant do the following by October 1, 1992:
1. Construct a sight -obscuring fence, six (6) feet in
height, along the south property lines of tax lots 1600
and 1700.
2. Improve all existing roads within the subject properties
by covering them with a dust -inhibiting material such as
gravel or cinders.
3. Remove all materials that encroach upon County -owned
property.
4. Conduct a total, general clean-up of the site by
removing piles of debris, abandoned and/or wrecked auto
bodies and other materials not necessary for the
operations of the businesses located on the properties.
Shields Family - PA -90-9 and ZC-90-10
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