1994-04923-Ordinance No. 94-011 Recorded 2/3/199494-04923
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
An Ordinance Amending Title 18,
the Deschutes County Zoning Map,
Changing the Zone Designation
from RI to RSC on Certain
Property Located in LaPine
and Declaring an Emergency.
REVIEWED
LEGAL COUNSEL
DESCHUTES COUNTY, OREGON
ORDINANCE NO. 94-011
t' r
012814"79
WHEREAS, tax lots 1000, 900, 800, 1400 and 1500 in
Section 11CC and tax lot 1000 in Section 11CD of Township 22
South, Range 10 East of the Willamette Meridian are six tax
lots totalling 12 acres of real property zoned as Rural
Industrial, RI, under the County's Zoning Ordinance; and
WHEREAS, these six tax lots described in Exhibits "A"
and "B" attached hereto (hereafter referred to as subject 12
acres) were zoned Rural Industrial by Title 18, the Deschutes
County Zoning Ordinance, in 1979, based on circumstances that
have changed since 1979, as more fully set forth in the
Hearings Officer's report attached hereto as Exhibit "C"; and
WHEREAS, Ray Properties
Amendment to Title 18, based on
rezone the subject 12 acres from
Zoning Ordinance; and
has proposed a Zone Map
change in circumstances, to
RI to RSC in the County's
WHEREAS, the Deschutes County Hearings Officer, after
review conducted in accordance with applicable law, has
recommended approval of the proposed Zone Map Amendment to
Title 18, the Deschutes County Zoning Ordinance; and
WHEREAS, after notice was given and a hearing conducted
on January 26, 1993 in accordance with applicable law, the
Board of County Commissioners have considered the Hearings
Officer's recommendation; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON ORDAINS as follows:
Section 1. That Title 18, the Deschutes County Zone
Map, as amended, is further amended to change the zone
designation for the subject 12 acres, as more fully described
in Exhibits "A" and "B" attached hereto and by this reference
incorporated herein, from RI to RSC.
,€` ILID
BEY
1 - ORDINANCE NO. 94-011
Section 2. In support of its decision, the Board adopts
the findings and recommendations of the Hearings Officer,
attached hereto as Exhibit "C" and incorporated herein by
reference. 10128;-1480
Section 3. REPEAL OF ORDINANCES AS AFFECTING EXISTING
LIABILITIES. The repeal, express of implied, of any
ordinance, ordinance provision, code section, or any map or
any line on a map incorporated therein by reference, by this
amending ordinance shall not release or extinguish any duty,
condition, penalty, forfeiture, or liability previously
incurred under such ordinance, unless a provision of this
amending ordinance shall so expressly provide, and such
ordinance repealed shall be treated as still remaining in
force for the purpose of sustaining any proper action or
prosecution for the enforcement of such duty, condition,
penalty, forfeiture, or liability, and for the purpose of
authorizing the prosecution, conviction and punishment of the
person or persons who previously violated the repealed
ordinance.
Section 4. 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 A day of February, 1994.
BOARD OF COUNTY COMMISSIONERS OF
DESCHOTES COUNTY, OREPON
�✓ J
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CY PE SCHIfUGEN, Chair
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ATW
TOM 00 , Commissioner
T T: �� �✓
Recording Secretary BARRY H. SLAUGHTER, Commissioner
2 - ORDINANCE NO. 94-011
0128--1481,
EXHIBIT "A" TO ORDINANCE 94-011
In Township 22 South, Range 10 East of the Willamette
Meridian, Deschutes County, Oregon:
Section 11:
Southeast Quarter (SE 1/4) of the Southwest Quarter
(SW 1/4) of the Southwest Quarter (SW 1/4) - EXCEPT
that portion lying Southerly of the Northerly right
of way line of the County Road (First Street) and
Easterly of the Westerly right of way line of the
Dalles-California Highway.
Northeast Quarter (NE 1/4) of the Southwest Quarter
(SW 1/4) of the Southwest Quarter (SW 1/4) of the
Southwest Quarter (SW 1/4) - EXCEPT that portion
lying Westerly of the Easterly right of way line of
the County Road (Huntington Road).
That portion of Lot 5 lying west of the Dalles
California Highway, also known as Lot J.
A74c,
0128--1482
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DESCHUTES COUNTY PLANNING DIVISION
CASE NUMBER:
DATE:
RECORD CLOSED:
APPLICANT:
PROPERTY OWNER:
AGENT/ATTORNEY:
FINDINGS AND RECOMMENDATION
PA -93-5 & ZC-93-5
September 16, 1993
November 5, 1993
Neal Russell & Randy Yow,
Ray Properties
52685 Howard Lane
LaPine, Oregon 97739.'
_AD Occ1CrCLnClL
G�- cm,
0128-1484
Marvin and Marilyn Russell; Ray Properties; Les Mombert,
Trustee of the Arrow Rentals 401K Plan; and Patricia Elliott.
Sharon Smith
Post Office Box 1151
Bend, Oregon 97709
REQUEST: The applicants are requesting a Comprehensive Plan Amendment
and a Zone Change, changing the designation and zone of the
subject property from Rural Industrial to Rural Service Center.
The applicants' request entails an exception to Statewide
Planning Goal 14, Urbanization.
REVIEWER:
Stacy Warren, Assistant Planner
I. APPLICABLE CRITERIA
The following criteria are applicable to the above -referenced land use applications:
A. Oregon Administrative Rules, Chapter 660, Division 4, Interpretation of Goal 2
Exception Process.
1. OAR 660-04-018 (1), Purpose. This rule explains the requirements for
adoption of plan and zone designations for exception areas. This rule provides
that exceptions to one goal or a portion of one goal do not relieve a
jurisdiction from remaining goal requirements and do not authorize uses or
activities other than those recognized or justified by the applicable exception.
PA-93-5/ZC-93-5, Page 1
,;.::.
Marvin and Marilyn Russell; Ray Properties; Les Mombert,
Trustee of the Arrow Rentals 401K Plan; and Patricia Elliott.
Sharon Smith
Post Office Box 1151
Bend, Oregon 97709
REQUEST: The applicants are requesting a Comprehensive Plan Amendment
and a Zone Change, changing the designation and zone of the
subject property from Rural Industrial to Rural Service Center.
The applicants' request entails an exception to Statewide
Planning Goal 14, Urbanization.
REVIEWER:
Stacy Warren, Assistant Planner
I. APPLICABLE CRITERIA
The following criteria are applicable to the above -referenced land use applications:
A. Oregon Administrative Rules, Chapter 660, Division 4, Interpretation of Goal 2
Exception Process.
1. OAR 660-04-018 (1), Purpose. This rule explains the requirements for
adoption of plan and zone designations for exception areas. This rule provides
that exceptions to one goal or a portion of one goal do not relieve a
jurisdiction from remaining goal requirements and do not authorize uses or
activities other than those recognized or justified by the applicable exception.
PA-93-5/ZC-93-5, Page 1
0128-1485
The exception taken for this property was a physically developed and
irrevocably committed exception for a primarily industrial use of the property.
Adoption of plan and zoning provisions which allow changes in existing types
of use require application of standards outlined in this rule.
2. OAR 660-04-020 (2). The four factors in Goal 2 Part II(c) required to be
addressed when taking an exception to a Goal are:
(a) Reasons justify why the state policy embodied in the applicable goals
should not apply": The exception shall set forth the facts and
assumptions used as the basis for determining that a state policy
embodied in a goal should not apply to specific properties or situations
including the amount of land for the use being planned and why the use
requires a location on resource land.
(b) "Areas which do not require a new exception cannot reasonably
accommodate the use":
(A) The exception shall indicate on a map or otherwise describe the
location of possible alternative areas considered for the use,
which do not require a new exception. The area for which the
exception is taken shall be identified.
(B) To show why the particular site is justified, it is necessary to
discuss why other areas which do not require a new exception
cannot reasonably accommodate the proposed use. Economic
factors -can be considered along with other relevant factors in
determining that the use cannot reasonably be accommodated in
other areas. Under the alternative factor the following questions
shall be addressed:
(i) Can the proposed use be reasonably accommodated on
non -resource land that would not require an exception,
including increasing the density of uses on non -resource
land? If not, why not?
(ii) Can the proposed use be reasonably accommodated on
resource land that is already irrevocably committed to
non -resource uses, not allowed by the applicable Goal,
including resource land in existing rural centers, or by
increasing the density of uses on committed lands? If not,
why not?
PA-93-5/ZC-93-5, Page 2
U128m-1486
(iii) Can the proposed use be reasonably accommodated
inside an urban growth boundary? If not, why not?
(C) This alternative. areas standard can be met by a broad review of
similar types of areas rather than a review of specific alternative
sites. Initially, a local government adopting an exception need
assess only whether those similar types of areas in the vicinity
could not reasonably accommodate the proposed use. Site
specific comparisons are not required of a local government
taking an exception, unless another party to the local proceeding
can describe why there are specific sites that can more
reasonably accommodate the proposed use. A detailed
evaluation of specific alternative sites is thus not required unless
such sites are specifically described with facts to support the
assertion that the sites aYe more reasonable by another party
during the local exceptions proceeding.
(c) The long-term environmental, economic, social and energy
consequences resulting from the use at the proposed site with measures
designed to reduce adverse impacts are not significantly more adverse
than would typically result from the same proposal being located in
other areas requiring a Goal exception. The exception shall describe
the characteristics of each alternative areas considered by the "
jurisdiction for which an exception might be taken, the typical
advantages and disadvantages of using the area for a use not allowed by
the Goal, and the typical positive and negative consequences resulting
from the use at the proposed site with measures designed to reduce
adverse impacts. A detailed evaluation of specific alternative sites is
not required unless such sites are specifically described with facts to
support the assertion that the sites have significantly fewer adverse
impacts during the local exceptions proceeding. The exception shall
include the reasons why the consequences of the use at the chosen site
are not significantly more adverse than would typically result from the
same proposal being located in areas requiring a goal exception other
than the proposed site. Such reasons shall include but are not limited
to, the facts used to determine which resource land is least productive;
the ability to sustain resource uses near the proposed use; and the
long-term economic impact on the general area caused by irreversible
removal of the land from the resource base. Other possible impacts
include the effects of the proposed use on the water table, on the costs
of improving roads and on the costs to special service districts.
(d) "The proposed uses are compatible with other adjacent uses or will be
so rendered through measures designed to reduce adverse impacts."
PA-93-5/ZC-93-5, Page 3
0128-1487
The exception shall describe how the proposed use will be rendered
compatible with adjacent land uses. The exception shall demonstrate
that the proposed use is situated in such a manner as to be compatible
with surrounding natural resources and resource management or
production practices. "Compatible" is not intended as an absolute term
meaning no interference or adverse impacts of any type with adjacent
uses.
3. OAR 660-04-022 (1): For uses not specifically provided for in subsequent
sections of this rule or OAR 660, Division 14, the reasons shall justify why
the state policy embodied in the applicable goals should not apply. Such
reasons include but are not limited to the following:
(a) There is a demonstrated need for the proposed use or activity, based on
one or more of the requirements of Statewide Goals 3 to 19; and either
(b) A resource upon which the proposed use or activity is dependent can be
reasonably obtained only at the proposed exception site and the use or
activity requires a location near the resource. An exception based on
this subsection must include an analysis of the market area to be served
by the proposed use or activity. That analysis must demonstrate that
the proposed exception site is the only one within that market area at
which the resource depended upon can reasonably be obtained; or
(c) The proposed use or activity has special features or qualities that
necessitate its location on or near the proposed exception site.
B. Deschutes County Year 2000 Comprehensive Plan.
1. Rural Development Policy #14: " Each Rural Service Center shall have a
compact commercial area to serve the convenience- commercial, agricultural
and repair service needs of the surrounding rural lands. In addition, larger
Rural Service Centers along major highways, where public facilities such as
schools already exist, shall have a residential area designated (see individual
RSC maps and policies). The size and uses of rural service centers shall be
such as to maintain the rural character of the area."
2. LaPine Rural Service Center Policy #32: "Adequate commercial area shall be
established along Highway 97, Huntington road and William Foss Road to
serve the community's commercial needs."
3. LaPine Rural Service Center Policy #33: "Identify an industrial area east of
the railroad tracks to allow the development of a better employment and tax
base for the community. The County shall control the development of this site
PA-93-5/ZC-93-5, Page 4
U128�1488
and provide some basic infrastructure facilities such as roads. To help pay for
the costs involved and to obtain the most efficient use of the land the areas
shall be managed for its timber until needed for industrial use."
4. LaPine Rural Service Center Policy #34: "Other existing industrial areas shall
receive industrial zoning and the area between the railroad tracts ant the
existing industry on William Foss Road shall be maintained as an industrial
reserve area by the establishment of a rural density residential zone."
5. Commercial Policy #10: "Commercial facilities should be allocated in a
reasonable amount and in a planned relationship to the people they will serve.
Any future expansion of commercial uses should be developed as centers
rather than strips and very carefully considered so that they do not cause
unnecessary traffic congestion and do not detract from the appearance of the
community."
6. Commercial Policy #12: "Strip commercial developments along highways
should not be extended. Commercial uses along major streets and highways
shall be subject to special development standards relating to landscaping,
setbacks, signs and median strips. No further commercial development outside
urban growth boundaries, rural service centers, planned developments, or
destination resorts shall be permitted."
7. Industrial Policy #14: "Community efforts should be directed toward
preserving prime industrial lands for industrial purposes. Industrial areas shall
be protected from incompatible commercial and residential uses."
8. Industrial Policy #15: "Industrial areas of the community shall be located
where necessary services can be provided and with good access to
transportation facilities."
C. Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance:
Chapter 18.64, Rural Service Center (RSC) Zone.
The purpose of the Rural Center Zone is to provide standards and review
procedures for concentrations of local commercial services to meet the needs
of rural residents, as well as limited tourist commercial services consistent
with the maintenance of the rural character of the area. DCZO 18.64.010.
2. Chapter 18.100, Rural Industrial (RI) Zone.
The purposes of the Rural Industrial Zone are to encourage employment
opportunities in rural areas and to promote the appropriate economic
PA-93-5/ZC-93-5, Page 5
0128-1489
development of rural service centers which are rapidly becoming urbanized
and soon to be full-service incorporated cities, while protecting the existing
rural character of the area as well as preserving or enhancing the air, water
and land resources of the area. DCZO 18.100.010.
3. Section 18.136.030, Rezoning Standards. This section describes standards for
rezoning. The applicant for a quasi-judicial rezoning must establish that the
public interest is best served by rezoning the property. Factors to be
demonstrated by the applicant are:
A. That the change conforms with the Comprehensive Plan, and the
change is consistent with the Plan's introductory statement and goals.
B. That the change in classification for the subject property is consistent
with the purpose and intent of the proposed zone classification.
C. That changing the zoning will presently serve the public health, safety
. and welfare considering the following factors:
(1) _ The availability and efficiency of providing necessary public
services and facilities.
(2) The impacts on surrounding land use will be consistent with the
specific goals and policies contained within the Comprehensive
Plan.
D. That there has been a change in circumstances since the property was
last zoned, or a mistake was made in the zoning of the property in
question.
D. Title 22 of the Deschutes County Code, the County Uniform Development Procedures
Ordinance.
E. Statewide Planning Goals 2, Land Use Planning, and 14, Urbanization.
PA-93-5/ZC-93-5, Page 6
0128-1490
H. FINDINGS OF FACT
The Hearings Officer makes the following findings of fact regarding the above -referenced
land use applications:'
1. LOCATION: The subject property is located on the north side of Reed Road (First
Street) between Highway 97 and Huntington Road in LaPine, and is identified on
Deschutes County Assessor's Map #22-140-11 CC as tax lots 1000, 900, 800, 1400 and
1500, and Map #22-10-11CD as tax lot 1000.
2. ZONING: The subject property is currently zoned Rural Industrial (RI) and is
designated as Limited Rural Industrial on the Deschutes County Comprehensive Plan.
3. SITE DESCRIPTION: The subject property. is generally level and existing
vegetation consists primarily of a sparse growth. of lodge pole pine trees and natural
brush. Tax lots 800, 1400 and 1500 on Map #22-10-11CC and tax lot 1000 on Map
#22-10-11CD are currently vacant. On Map #22-10-11CC, tax lot 900 is the current
location of a sawmill, furniture plant and pump house; and tax lot 1000 is the location
of an office/display room and a single-family residence. The subject property has
frontage on Huntington Road to the west, Reed Road to the south and Highway 97 to
the east.
4. SURROUNDING LAND USE:
North: Properties to the immediate north of the subject site are zoned RSC and are
in Federal ownership. Properties approximately one eighth of a mile north of the site
are zoned F-1 and in federal ownership.
South: Properties south of the subject parcel are primarily zoned RSC and consist of
commercial, office and residential uses. An area southeast of the subject property,
across Highway 97 and south of Reed Road, is zoned RI and is in industrial usage.
Further south of the site are properties zoned RSR -M, which consist, primarily, of
residential uses. There are some commercial uses in this area.
East: East of the subject site, across Highway 97, are properties zoned F-1 which
are in Federal ownership and consist of forest uses. Further southeast of the subject
site, on Finley Butte Road and Russell Road, is the Lapine Industrial Site which
contains existing industrial uses. A number of sites within the LaPine Industrial
Center remain undeveloped at this time.
'The Hearings Officer has incorporated much of the excellent staff report written by
Assistant Planner Stacy Warren into this document, as findings of the Hearings Officer.
PA-93-5/ZC-93-5, Page 7
0128-1491
West: West of the subject site are properties zoned RSC, FP and EFU-LA.
Properties across Huntington Road from the subject site are primarily in commercial,
office and residential usage. Further west of the subject site are properties in farm
and forest usage.
5. PROPOSAL: The applicants are requesting a Comprehensive Plan Amendment and a
Zone Change for the subject property, which consists of six separate tax lots an
estimated 12 acres in size. The existing designation and zone is Rural Industrial.
The applicants are proposing to change the designation and zone to Rural Service
Center (RSC). The applicant has stated plans to phase out the existing sawmill and to
maintain the existing furniture plant and office for sales, but manufacture the lumber
off-site.
6. HISTORY: The subject property was primarily zoned M-2, Heavy Industrial, under
PL -51 the Deschutes County Zoning Ordinance (effective June 6, 1973), but a portion
of the subject property along Highway 97 was zoned C-2, General Commercial Zone.
Under PL -15, the Deschutes County Zoning Ordinance (effective November 1, 1979),
the entire property was zoned RI, Rural Industrial. The subject property is currently
designated and zoned Rural Industrial.
7. AFFECTED AGENCIES: The Planning Division has solicited comments from
affected agencies and departments. Their responses are as follows:
A. Deschutes County Assessor's Office:
State Highway Department has refused access to Highway 97. Require access
from south and Huntington Road.
B. Watermaster District 11:
No water rights for this area.
C. Property Address Coordinator:
The address of record for the subject property is 51636 Huntington Road.
D. Deschutes County Public Works Department:
Public Works notes that this property is within the rural service center
boundary of the community of Lapine. Therefore, regardless of the zoning
classification of the property; development of the property will require that all
public transportation facilities will have to be improved to urban standards as
required by the Comprehensive Plan. This has been the County's ongoing
PA-93-5/ZC-93-5, Page 8
0128-1492
policy within the LaPine Rural Service Boundary, especially for commercial
type developments along Huntington Road and Highway 97.
If this zone change/plan amendment is approved, Public Works will
recommend that urban standard road improvements be installed at the time
when actual development of the property takes place. These recommendations
will be made at the time of site plan approval. Until that time, we have no
additional comments to add to the proposed zone change.
E. Deschutes County Environmental Health Division:
Connection to LaPine Community Sewer System.
F. Oregon Department of Transportation:
The Oregon Department of 'transportation (ODOT) is concerned about the
potential impact to State transportation facilities that could result due to this
proposed development. In order to adequately determine if there are
significant impacts, the applicant should be required to provide a Traffic
Impact Study. This study will enable the County and ODOT to determine
whether the application complies with Goal 12. OAR 660-12-060 states in
part that:
"amendments to comprehensive plans and land use regulations which
significantly affect a transportation facility shall assure that allowed land uses
are consistent with the identified function, capacity, and level of service of the
transportation facility."
ODOT stated that the applicant had made no findings in their application that
the increased levels of traffic associated with this plan amendment are
consistent with the identified function, capacity, and level of service of
Highway 97. Similarly, OAR 660-14-040(3)(d) requires a finding: "That an
appropriate level of public facilities and services are provided in a timely and
efficient manner."
The Applicant responded to this comment by saying that this issue could be
deferred until site plan review for future commercial development on the
property. ODOT reaffirmed its earlier positions and also commented that the
Comprehensive Plan Urbanization section (p. 66) requires that "Any future
expansion of commercial uses should be developed as centers rather than strips
and very carefully considered so that they do not cause unnecessary traffic
congestion and do not detract from the appearance of the community."
PA-93-5/ZC-93-5, Page 9
0128-1493
The Applicant, thereafter, hired Kittleson & Associates, traffic consultants, to
study traffic that might be generated by commercial development of the subject
property. ODOT expressed general approval of the study and withdrew its
objection to this application. ODOT did, however, comment that the
Applicant should be responsible for all public infrastructure improvements
needed due to the rezoning and commercial development of the subject
property. ODOT also noted that the Kittleson Report assumed that a Level of
Service "D" or "E" was acceptable. ODOT said that the 1991 Highway Plan
sets an operating LOS of "C" for the intersection of First Street and Highway
97 and should be applied in future reviews of this property.
G. Other Agencies. The following agencies either did not respond or had no
comments: the LaPine Rural Fire District, the Bureau of Land Management, the
Deschutes County Building Division and the Department of Land Conservation and
Development.
8. COMMENTS FROM AFFECTED PARTIES. A number of letters supporting the
application were received by the Planning Division. One letter was received from
James Yow, an adjacent property owner. Mr. Yow states that "this is a very good
idea. LaPine needs more commercial property for our little town to grow and
develop. We are very short of space for small businesses and we need it very bad,
and that is a very good area with no homes around to disturb the people:" Another
letter was received from Rex LeSueur, President of the LaPine Chamber of
Commerce. That letter stated that the LaPine Chamber of Commerce favored the
application as they believe that the orderly growth of LaPine has been hampered by
the lack of suitable property zoned RSC in the rural service center. The Chamber
believes that the subject property is located in an ideal location for such development.
Steve Dodd, Vice President of LaPine Building Supply, Inc. wrote that "because
visible, useable commercial property is at a premium in LaPine, we wholeheartedly
approve of this project."
in. REQUIRED FINDINGS
The Hearings Officer makes the following findings relating to the mandatory approval
criteria applicable to the above -referenced land use applications:
1. The Hearings Officer hereby adopts, by reference, the findings contained in the
Applicant's Supplemental Burden of Proof document dated September 16, 1993, with
the exception of the findings prepared regarding OAR 660-12-060. A copy of that
document has been attached hereto and incorporated by reference herein.
2. The proposed zone change could not be accommodated by expansion of an urban
growth boundary due to the fact that LaPine has no urban growth boundary and the
nearest urban growth boundary is 20 miles to the north in Bend.
PA-93-5/ZC-93-5, Page 10
0128-1494
3. The County's Comprehensive Plan recognizes the need for the provision of
commercial services for rural residents and for limited tourist needs. The purpose of
Rural Service Centers is to provide commercial services to meet these needs. The
applicant has submitted an inventory of all areas zoned RSC within the existing Rural
Service Center of LaPine. The inventory includes zoning maps indicating existing
development and lots for sale, assessor's records and listing sheets for RSC lots for
sale. This inventory indicates that there are 124 RSC -zoned parcels, 13 of which are
vacant (1.2 to less than .5 acres in size) and 9 of which are for sale. The inventory
demonstrates that there are relatively few vacant commercial parcels; those that are
vacant are relatively small in size; not all vacant parcels are on the market; the listing
price of those lots for sale is uniformly higher than assessed value, which may be
indicative of unmet demand for commercial properties. Testimony presented at the
hearing and in letters of support, however, indicated that there is a need for more
commercially zoned property in the LaPine area.
4. The subject property is located within the area acknowledged as the LaPine Rural
Service Center. The subject property is approximately 12 acres in size and is
bordered by RSC zoned properties on three sides. In 1990, 15 acres of RSC zoned
property within the LaPine rural service center were rezoned to RI
(22-10-14BA-1000, 14001 1500, 1600 and 1700; File #'s PA -90-9 and ZC-90-10).
This property is. located on the east side of Highway 97, in the area of the LaPine
Industrial Area. This property was rezoned. because it had been erroneously zoned
RSC when it was developed for industrial use as a shake mill. - The proposed zone
change, if approved, would return a similar amount of property to RSC zoning.
5. The applicant is requesting the plan amendment and zone change to allow commercial
uses allowed within the RSC Zone. A specific use has not been stated by the
applicant. Therefore, it is Staff .'s opinion that a Limited Use Combining Zone is not
applicable due to the nature of the applicant's request.
6. Generally, the County's Comprehensive Plan encourages the provision of needed
services to existing residents of Rural Service Centers within compact commercial
areas. The applicant's proposal is consistent with the relevant Comprehensive Plan
policies, cited above, for the following reasons: (1) the subject property is bordered
by RSC zoned "properties on three sides, therefore, rezoning the subject property
would be consistent with a compact commercial center; and (2) approval of the
rezone will not encourage strip commercial development as it is large enough to be
developed as a commercial center rather than as a strip development; and (3) the
subject property is within the area stated by the Comprehensive Plan for commercial
development (Huntington Road and Highway 97); and (4) the Comprehensive Plan
states that industrial development is more appropriately located east of the railroad in
a park like setting.
PA-93-5/ZC-93-5, Page 11
0128-1495
7. The purpose of the RSC Zone is "to provide standards and review procedures for
concentrations of local commercial services to meet the needs of rural residents, as
well as limited tourist commercial services consistent with the maintenance of the
rural character of the area." There is an identified need for additional RSC zoned
properties in the LaPine area, due in part to the rezoning of a 15 acre piece of RSC
property to RI in 1990. The subject property is located in an area that contains
numerous local commercial services and RSC zoned properties. The proposed change
is, therefore, compatible with the purpose and intent of the RSC zone.
8. Changing the zoning of the subject property will presently serve the public health,
safety and welfare considering the availability and efficiency of providing necessary
public services and facilities and the impacts on surrounding land use will be
consistent with the specific goals and policies contained within the Comprehensive
Plan. The proposed amendments are compatible with adjacent land uses. The subject
property is bordered by RSC zoned properties on three sides. The RI zoned property
on the other side is a small piece of property that is owned by the U.S. Government
that is not developed for industrial use.
The RSC zone allows commercial and residential uses. Rezoning the subject property
would allow uses which would be more consistent with surrounding land uses than the
existing RI zoning. Water, sewer and electricity are existing on and available to the
subject site. The subject property has frontage on three roadways (Huntington Road
to the west, Reed Road to the south and Highway 97 to the east). Huntington Road
and Reed Road are maintained by the County Public Works Department. Public
Works has stated that at the time the subject property is developed for commercial
usage and undergoes site plan review, improvements required to bring these two
roadways up to urban standards would be determined. The Oregon Department of
Transportation raised concerns regarding the impact of the proposed zone change on
Highway 97. The Applicant caused a traffic study of the impact of the proposed zone
change on surrounding roadways. The study indicates that the present road system
has the current capacity to handle some commercial development on the subject
property, but that improvements to the road system will be needed as the subject
property develops. The Applicant may be required to make needed infrastructure
improvements, as a condition of approval for site plan review of future commercial
development.
9. There has been a change in circumstances since the property was last zoned. At the
time the property was last zoned it was developed and operated as a lumber mill.
Mill operations in this location have been abandoned. The Hearings Officer believes
that the property was zoned RI, even though it adjoins the commercial area of
LaPine, because of its use as a mill.
10. The Hearings Officer believes that the Applicant has demonstrated that this proposed
amendment to the comprehensive plan will not significantly adversely affect Highway
PA-93-5/ZC-93-5, Page 12
0128-1496
97, if future development approvals are conditioned upon improvements being made
to the highway and adjoining roadways. This use will be consistent with the
identified function, capacity, and level of service of the transportation facility.
11. An appropriate level of public facilities and services will be provided in a timely and
efficient manner because all necessary facility improvements will be required when
the property develops and facility improvements requirements will be based upon the
impact that the actual development of the subject property will have upon public
facilities.
IV. RECOMMENDATION
Based on the above findings, it is the recommendation of the Hearings Officer that the
proposed zone change and plan amendment be approved by the Board of County
Commissioners.
DATED this 3rd day of January, 1994.
LIZ F HER, Hearings Officer
THIS DECISION BECOMES FINAL 10 DAYS FROM THE DATE MAILED, UNLESS APPEALED.
PA-93-5/ZC-93-5, Page 13
0128-149'7
BEFORE THE DESCHUTES COUNTY HEARINGS 4'ICER J,
APPLICANT:
SUPPLEMENTAL B[?2DEN�QF :PROOF J
RAY PROPERTIES )
APPLICANT: Ray Properties
PURPOSE: In the Staff Report dated September 8, 1993, staff
requested Applicant provide a Burden of Proof addressing
standards contained in OAR 660-04-018, 660-04-020 and 660-04-022.
The purpose of this Supplemental Burden of Proof is to provide
that requested analysis.
660-04-020 (2).
"The four factors in Goal -2 Part II(c) required to be
addressed when taking an exception to a Goal.are:
(a) Reasons justify why the state policy embodied in
the applicable goals should not apply"
DISCUSSION: The subject property (the "Property") was part
of the exceptions document in the Comprehensive Plan prior to the
recodification in April 1993. The Property is within the LaPine
Rural Service Center and has been subject to a Goal 3 and 4
exception. The Property was considered to be physically
developed and irrevocably committed to uses other than Goal 3 and
4 uses. Those factors are still in existence today. However,
because the sawmill is going to be phased out, it is more
appropriate to rezone the Property from Rural Industrial to
Commercial. The Property is still committed to nonresource uses
and has been physically developed so that there are existing
buildings: sawmill building, furniture plant, pumphouse,
- 1 - SUPPLEMENTAL BURDEN OF PROOF (SRS:RAY04)
Mmes Hwjey Bryant Lcvimi ® Lynch
AT11M hAIATIAV
0128-1408
office, display room and a residence. Urban services already
exist on the site including: sewer, water, electricity and
telephone. The Property is located in the heart of the existing
rural service center exception area. Due to the location of the
Property and the existing uses, the Property is not suitable for
resource use.
"(b) Areas which do not require a new exception cannot
reasonably accommodate the. use"
DISCUSSION: An extensive inventory has been taken of the
available commercial properties in the rural service center. See
Burden of Proof pages 12-16 and Exhibits 1-3. The Surrounding
Area maps (Exhibit 1) also illustrates the area for which the.
exception is taken. Other areas which do not require a new
exception cannot reasonably accommodate the proposed use. LaPine
is a rural service center and accordingly, has no urban growth
boundary. The nearest urban growth boundary is Bend, which is
approximately 20 miles distant. There is a need for commercial
services to meet the needs of the existing rural residents in the
LaPine area. It would not be feasible to use nonresource land
located within an urban growth boundary in Bend because the
distance is too great.
Also, the existing rural service center area of LaPine as is
illustrated by the inventory provided in the Burden of Proof,
shows that there are not sufficient RSC zoned properties in the
LaPine area available for commercial uses. Of the 124 parcels
zoned RSC in the LaPine Rural Service Center, only 13 are vacant.
Of the vacant parcels, the largest is 1.2 acres, four parcels are
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H<&ies Htuley Bryant Liw6i 11:1r1d1
ATT 1 Al\'
en m w C:--rwi P 0 Box 1151 Bend. Oreeon 97709-1151 (503) 382-4331 Fax (503) 389-3.,386
0128-1499
less than .5 acres and eight parcels are less than an acre. The
available parcels are too small to provide a viable commercial
center. Also, the remaining RSC zoned properties are already
developed and the density of uses cannot be increased because the
properties are fully developed.
"(c) The long-term environmental, economic,. social and
energy consequences resulting from the use at the
proposed site with measures designed to reduce adverse
impacts are not significantly more adverse than would
typically result from the same proposal being located in
other areas requiring a Goal exception."
DISCUSSION: The long-term environmental, economic, social
and energy consequences resulting from the use at the proposed
site will be less adverse than would typically result from the
same proposal being located in other areas requiring a goal
exception. There are only two other feasible locations for the
proposed use: (1) outside the existing LaPine Rural Service
Center, and (2) within the industrial area to the east of the
commercial core.
The long-term environmental impact of locating the proposed
use outside the existing LaPine Rural Service Center would be
more adverse. The Applicant's Property has already been
determined to be irrevocably committed to nonresource use. That
is not the case for the areas outside the LaPine Rural Service
Center. Although the long-term prospects for expansion of the
Rural Service Center are great, at this point the areas outside
the LaPine Rural Service Center are still committed to resource
uses.
— 3 — SUPPLEMENTAL BURDEN OF PROOF (SRS:RAY04)
1 (imes Hurley BTnt LaAien ® Lynch
ATS N(NIAS A7'I AW
0128-1500
The economic and commercial consequences would have a more
adverse impact if the proposal were to occur outside the LaPine
Rural Service Center. There are already existing services and
transportation facilities to Applicant's site. It would be more
costly to extend those services to the perimeter of the rural
service center boundary. Similarly, the proposal is within the
heart of the existing rural service center which will enable the
residents in the area to concentrate their commercial needs in
one area and reduce the need f or ...travel, resulting in a more
positive energy impact.
Similarly, the consequences of .the use at the chosen site are
not significantly more adverse than if the zone change is
requested for the area to the east of the commercial core where
there is a substantial amount of RI zoned property. The
Comprehensive Plan has designated that area as being appropriate
for industrial use. It is located to the east of the commercial
core. The long-term economic impact would be to take property
out of rural industrial zoning when the entire area has been
designated for industrial use to promote the economic base of the
rural service center of LaPine. Similarly, those areas are less
physically developed and irrevocably committed to nonresource use
than the subject Property. The potential for using the rural
industrial lands located to the east for resource use is still
viable until such time as an industrial use is proposed. Also,
the impact on cost of improving roads and providing public
services would be greater since the area to the east does not
- 4 - SUPPLEMENTAL BURDEN OF PROOF (SRS:RAY04)
Holn1e_s Huk Bryan[ Lcnim1® Lyrdi
AT7LNNEK AT LAaV
An ni u1 r . ,.,,,, .. P () Rnv 1151 Rond. Or"on 97709-1151 (503) 3824331 Fax (503) 389-3386
0128-1501
have the existing improved roads, sewer and water available as
does the Applicant's site.
"(d) The proposed uses are compatible with other
adjacent uses or will be so rendered through measures
designed to reduce adverse impacts."
DISCUSSION: The proposed rezoning to RSC will be compatible
with adjacent uses because the Property is bordered on three
sides by existing RSC zoned property. The only non -RSC zoned
property adjacent to Applicant's Property is Tax Lot 1300, .which
is zoned RI and is owned by the U.S...- government. The potential
uses for an RSC zoned area are less likely to conflict with the
surrounding uses than the potential uses for the existing zone.
The only reason the subject Property was zoned RI during the
County's exception process was because of the existence of the
sawmill and the accompanying industrial uses. Since those
industrial uses are being phased out, the reason for .the RI zone
no longer exists. The proposed zone change will allow uses more
compatible with the surrounding property. There are no
surrounding natural resource uses.
660-04-022.
11(1) For uses not specifically provided for in
subsequent sections of this rule or OAR 660, Division
14, the reasons shall justify why the state policy
embodied in the applicable goals should not apply. Such
reasons include but are not limited to the following:
(a) There is a demonstrated need for the proposed use
or activity, based on one or more°of the requirements of
Statewide Goals 3 to 19; and either
(b) A resource upon which the proposed use or activity
is dependent can be reasonably obtained only at the
proposed exception site and the use or activity requires
a location near the resource. An exception based on
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Maws Hwky Bryant Lovlien M Lyndi
ATTI WNEW ATI A%V
U128-1502
this subsection must include an analysis of the market
area to be served by the proposed use or activity. That
analysis must demonstrate that the proposed exception
site is the only one within that market area at which
the resource depended upon can reasonably be obtained;
or
(c) The proposed use or activity has special features
or qualities that necessitate its location on or near
the proposed exception site."
DISCUSSION: The Comprehensive Plan has noted that it is not
feasible to provide all necessary commercial services for the
residents within the area of the rural service center of LaPine
within the Bend urban growth boundary. The proposed zone change
will serve the increasing needs for commercial services without
the expansion of the rural service center area. The Commercial
Lands Availability Study, contained in Applicant's Burden of
Proof, demonstrates the need for the additional commercial
property. Although the timber industry is in decline, it is an
economic activity which is dependent upon the nearby natural
resources of timber. The LaPine Rural Service Center has
developed, in part, due to the need to support the timber
industry to meet the needs of rural residents as well as limited
tourist needs.
As is discussed above, the proposed site is the only feasible
one within the market area of the rural service center of LaPine.
Alternative sites would require the expansion of the rural
service center boundary or to rezone industrial lands to the
east. It is more feasible to rezone the subject Property which
is at the heart of the commercial core of the of LaPine Rural
Service Center. The site already has urban development in the
- 6 - SUPPLEMENTAL BURDEN OF PROOF (SRS:RAY04)
Kimes HA -y Bryant Wim ® (.yMi
sm N(N4\5 RI' I,OV
en NT der r--,.,... ..... -A P rl 11— t i St 111nd (lrronn 97709-1151 (503) 382-4331 Fax (503) 389-3386
U128-1503
form of buildings and urban services. Accordingly, it is the
best site for rezoning to commercial use.
"Amendments to comprehensive plans and land use
regulations which significantly affect a transportation
facility shall assure that allowed land uses are
consistent with the identified function, capacity, and
level of service of the transportation facility."
DISCUSSION: The Oregon Department of Transportation (ODOT)
has submitted comments that Applicant has not adequately
addressed this Oregon Administrative Rule. Applicant has
conferred with ODOT 'regarding their request for a traffic study.
The level of traffic study requested by ODOT is much greater than
is necessary at this point. ODOT requests a traffic study that
would evaluate the impact of a zone change over the next 20 year
period. Applicant does not yet have a specific site development
plan. Accordingly, the traffic impact study would be very
speculative. Applicant has consulted with the traffic engineer
for the Department of Public Works regarding the likely impact of
a zone change to commercial. Applicant has conducted a traffic
analysis measuring the traffic generated by the existing
commercial uses in LaPine. Based on this analysis, it does not
appear that the zone change would have a substantial impact on
the traffic on Highway 97. Moreover, Applicant is not even
requesting access on Highway 97. Applicant believes that a
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Holmes Hurley Bryant Cavlien M L�wxh
rrn md4ms m tate
0128-1504
specific traffic impact study would be more meaningful when a
specific site plan is submitted.
DATED September 16, 1993.
HOLMES, HURLEY, BRYANT
LOVLIEN & LYNCH
SHARON R. SMITH OSB 86292
Of Attorneys for Applicant
- 8 - SUPPLEMENTAL BURDEN OF PROOF (SRS:RAY04)
Holmes Hwiey [ try v Wien M 4mdl
nrt%K(NcN AriAv
40 N W Croonwood P.O. 13ox 1151 13cn(I, Oregon 97709-1151 (503) 382-0331 Fax (503) 389-3386