1995-08166-Ordinance No. 95-015 Recorded 3/16/199595-08166
BEFORE THE BOARD OF COUNTY COMIISSIONERS OF
An Ordinance Amending PL -20,
Deschutes County Comprehensive
Plan Map, Changing the Limited
Rural Industrial Plan Designation
to Rural Service Center on Certain*
Property Located in LaPine and,
Declaring an Emergency.
ORDINANCE NO. 95-015
REVIEWED
R - t. �
LEGAL COUNSEL
DESCHUTES COUNTY, URECW
0138-0718
WHEREAS, tax lot 1300 in Section 11CC of Township 22 South, Range
10 East of the Willamette Meridian is one tax lot totalling 1.76 acres
of real property designated as Limited Rural Industrial under the
County's Comprehensive Plan; and
WHEREAS, this tax lot described in Exhibit "A" and depicted in
Exhibit "B" attached hereto (hereafter referred to as subject 1.76
acres) was designated Limited Rural Industrial by PL -20, the Deschutes
County Comprehensive Plan, in 1979, under circumstances that have
changed since 1979, as more fully set forth in the Hearings Officer's
report attached hereto as Exhibit "C"; and
WHEREAS, Randy Yow has proposed a Plan Amendment to PL -20, based
on a change in circumstances, to re -designate the subject 1.76 acres
from Limited Rural Industrial to Rural Service Center in the County's
Comprehensive Plan;
WHEREAS, the Deschutes County Hearings Officer, after review
conducted in accordance with applicable law, has recommended approval
of the proposed Plan Amendment to PL -201 the Deschutes County
Comprehensive Plan; and
WHEREAS, after notice was given and a hearing conducted on March
15, 1995 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 PL -20, the Deschutes County Comprehensive Plan Map, as
amended, is further amended to change the plan designation for the
subject 1.76 acres, as more fully described in Exhibit "A" and depicted
in Exhibit "B" attached hereto and by this reference incorporated
herein, from Limited Rural Industrial to Rural Service Center.
M4 1995
1 - ORDINANCE NO. 95-015 '' ``^�
0.38-0'711
Section 2. In support of its decision, the Board adopts the findings
and recommendations of the Hearings Officer, attached hereto as Exhibit
"C", the Planning Division staff report, attached hereto as Exhibit
"D", and the Applicant's Burden of Proof attached hereto as Exhibit "E"
all of which are incorporated herein by reference.
Section 3. REPEAL OF ORDINANCES AS AFFECTING EXISTING LIABILITIES.
The repeal, express or 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 the 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 1_6- day of March, 1995.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTPES COUNTY, OREGON
14VVL,� kv
.
BARRY HSLAUGHTER, Chair
NAM POPE SCHLANGEN, Commissioner
Recording Secrdfary RO T L. NIPPER, issioner
2 - ORDINANCE NO. 95-015
0138-0712
EXHIBIT "A"
That portion of the SE 1/4 of the SW 1/4 of the SW 1/4 of the
SW 1/4 of Section 11 of To hip 22 South, Range 10 East
Willamette Meridian lying east of Pengra Huntington Road, in
Deschutes County, Oregon.
EXHIBIT "B"
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0138-0713
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0138-0'714
EXHIBIT "C"
DESCHUTES COUNTY PLANNING DIVISION
FINDINGS AND RECOMMENDATION OF HEARINGS OFFICER
FILE NUMBERS:
HEARING DATE:
APPLICANT:
PROPERTY OWNER:
AGENT:
PA -94-4 & ZC-94-4
January 17, 1995
Randy Yow
Margaret T. Debruin, Trustee of the Baldwin -Herndon
Oregon Trust
Sharon Smith
REQUEST: The applicant is 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 applicant's
request entails an exception to Statewide Planning Goal
14, Urbanization.
SUBJECT PROPERTY: Parcel of property on north side of Reed Road (First
Street) between Highway 97 and Huntington Road in
LaPine, and is identified on Deschutes County Assessor's
Map #22-10-11CC as tax lot 1300.
STAFF CONTACT:
I. RECOMMENDATION
Paul Blikstad, Associate Planner
The Hearings Officer recommends that the subject property be rezoned from Rural Industrial
to Rural Service Center. The Comprehensive Plan designation of the subject property should
be changed from Limited Rural Industrial to Rural Service Center. The Hearings Officer
also recommends that the County approve the applicant's requested goal exception.
The Hearings Officer recommends that the applicant provide additional facts regarding the
availability of utility services and that findings of compliance with OAR 660-14-040 (2)(d) be
revised to reflect those facts.
FEB��.
1995
!,
Margaret T. Debruin, Trustee of the Baldwin -Herndon
Oregon Trust
Sharon Smith
REQUEST: The applicant is 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 applicant's
request entails an exception to Statewide Planning Goal
14, Urbanization.
SUBJECT PROPERTY: Parcel of property on north side of Reed Road (First
Street) between Highway 97 and Huntington Road in
LaPine, and is identified on Deschutes County Assessor's
Map #22-10-11CC as tax lot 1300.
STAFF CONTACT:
I. RECOMMENDATION
Paul Blikstad, Associate Planner
The Hearings Officer recommends that the subject property be rezoned from Rural Industrial
to Rural Service Center. The Comprehensive Plan designation of the subject property should
be changed from Limited Rural Industrial to Rural Service Center. The Hearings Officer
also recommends that the County approve the applicant's requested goal exception.
The Hearings Officer recommends that the applicant provide additional facts regarding the
availability of utility services and that findings of compliance with OAR 660-14-040 (2)(d) be
revised to reflect those facts.
0138-0'7.5
II. APPLICABLE CRITERIA
A. Oregon Administrative Rules, Chapter 660, Division 4, Interpretation of Goal 2
Exception Process.
B. Oregon Administrative Rules, Chapter 660, Division 12, Transportation Planning
C. Deschutes County Year 2000 Comprehensive Plan.
D. Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance:
-Chapter 18.64, Rural Service Center (RSC) Zone.
-Chapter 18.100, Rural Industrial (RI) Zone.
-Section 18.136.030, Rezoning Standards.
E. Title 22 of the Deschutes County Code, the County Uniform Development Procedures
Ordinance.
F. Statewide Planning Goals 2, Land Use Planning, and 14, Urbanization.
III. FINDINGS
The Hearings Officer makes the following findings regarding the above -referenced land use
application:
1. ZONING: The subject property is currently zoned Rural Industrial (RI). The
applicant is requesting that the zone of the subject property be changed to Rural
Service Center (RSC).
2. COMPREHENSIVE PLAN: The subject property is currently designated as Limited
Rural Industrial on the Deschutes County Comprehensive Plan. The applicant
proposes that the plan designation be changed to Rural Service Center.
3. GOAL EXCEPTION: The subject property is located within LaPine, a goal
exception area. OAR 660-04-018 requires that changes to plan and zone regulations
in exception areas must meet the requirements for obtaining a goal exception.
4. TRANSPORTATION RULE: OAR 660-12-060 requires that applicants for zone
changes and plan amendments either demonstrate that their request will not cause a
significant, negative impact upon a transportation facility or that measures may be
taken to ameliorate the impact.
Page 2 - Findings and Recommendation (Yow, PA-94-4/ZC-94-4)
0138-0716
5. SITE DESCRIPTION: The subject property is 1.76 acres and is generally level and
existing vegetation consists primarily of a sparse growth of lodge pole pine trees and
scrub brush. The property currently has a sight -obscuring fence along the west and
south boundaries adjacent to Huntington Road and First Street, which abut the
property along these boundaries.
6. SURROUNDING LAND USE:
North: Properties to the immediate north of the subject site are zoned RSC and have
Russell Industries furniture manufacturing and store.
South: Properties south of the subject parcel are primarily zoned RSC and consist of
commercial, office and residential uses. Directly south is the County building jointly
used by the Sheriff's Department and Community Development Department.
East: East of the subject site, between the site and Highway 97 is property used for
machinery storage and a new commercial subdivision which has no development at
this time.
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, public schools and residential usage. Further west of the subject site are
properties in farm and forest usage.
7. PRIOR CHANGE/EXCEPTION: The subject property is bordered on two sides by
property (22-10-11CC, tax lots 800, 900, 1000, 1400, 1500 and 22-10-11CD, tax lot
1000) that was rezoned from RI, Rural Industrial, to RSC, Rural Service Center
through the approval of PA -93-5 and ZC-93-5. The Plan Amendment and Zone
Change were adopted by the Board of County Commissioners as Ordinance Nos.
94-010 and 94-011 on February 2, 1994.
IV. REQUIRED FINDINGS AND CONCLUSIONS
The Hearings Officer makes the following findings of fact and conclusions of law regarding
the criteria that apply to review of the above -referenced land use application:
1. STAFF REPORT: A detailed staff report was prepared by Associate Planner Paul
Blikstad. The Hearings Officer hereby incorporates, by reference, the APPLICABLE
CRITERIA and STAFF COMMENTS AND RECOMMENDATIONS sections of that
staff report, as finding and conclusions of the Hearings Officer, with the following
exceptions:
Page 3 - Findings and Recommendation (Yow, PA-94-4/ZC-94-4)
0138-0717
A. There are 18 vacant lots in the LaPine RSC zone, not 13. The five lots added
to the RSC zone in 1994 are contiguous and, when aggregated, create a lot of
11.53 acres in size.
2. APPLICANT'S BURDEN OF PROOF: The applicant's attorney Sharon Smith
prepared a burden of proof statement for this application. The Hearings Officer
adopts the burden of proof statement as findings of fact and conclusions of law of the
hearings officer, with the following exceptions:
A. The applicant's inventory of surrounding properties failed to include the five
RSC zoned lots added to the LaPine exception area by Ordinance No. 94-010
and Ordinance No. 94-011. There are actually 129 RSC zoned lots in the
LaPine Rural Service Center.
B. The applicant claims that there are 13 vacant RSC lots in the LaPine Rural
Service Center. The Hearings Officer finds that this inventory neglects to
include the 5 RSC lots created by Ordinances 94-010 and 94-011. With these
lots, there are 18 vacant RSC lots in the UPine Rural Service Center. The
five lots rezoned in 1994 are adjacent lots and total 11.58 acres in size.
C. The applicant claims that its application meets the requirements of OAR 660-
14-040 (2)(d) which requires that "an appropriate level of public facilities and
services are likely to be provided in a timely and efficient manner" because the
site plan review of development on the subject property will ensure that public
facilities will be provided in a timely and efficient manner. This finding is
consistent with Required Finding #13 of the Hearings Officer's decision of
PA-93-5/ZC-93-5. The applicant also states that "providing for commercial
expansion within an existing core commercial center will promote efficient use
of public facilities and services."
Since the time of the Hearings Officer's decision of PA-93-5/ZC-93-5, the US
Supreme Court has decided the case of Dolan v. City of Tigard. That case
places significant limitations upon the ability of the County to approve a site
plan requiring that off-site public utilities be extended to serve the subject
property. Due to this change in the law, the Hearings Officer recommends
that the applicant provide additional factual information on the present status of
the public facilities and services needed by commercial development. There is
a sewer service district in LaPine and private efforts are presently underway to
obtain a community source of water. Whether these systems are likely to be
developed to the point where they will be able to provide sewer and water
service to the subject property is unknown. The applicant should add findings
of fact to the record regarding these services and provide a revised finding for
OAR 660-14-040(2)(d) [pp. 16 & 17, Burden of Proof]
Page 4 - Findings and Recommendation (Yow, PA-94-4/ZC-94-4)
0138-0718
D. The sentence applicant's finding of compliance with OAR 660-14-040(2)(e)
should be updated to delete the following sentence: "Currently there are plans
underway to establish a port district for the LaPine Rural Service Center
area." [p. 17, Burden of Proof] It is now a matter of public record that an
election was held to determine whether a port district should be formed in the
LaPine area and that such district plan was defeated by LaPine residents.
E. The applicant states, on page 18 of the Burden of Proof document, that the
subject property is surrounded by RSL zoned property. This is a
typographical error and should read "RSC zoned property."
3. OAR 660-12-060:
Plan and Land Use Regulation Amendments
660-12-060 (1) Amendments to functional plans, acknowledged 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 facility. This shall be accomplished by either:
(a) Limiting allowed land uses to be consistent with the planned function,
capacity and level of service of the transportation facility;
(b) Amending the TSP to provide transportation facilities adequate to support
the proposed land uses consistent with the requirements of this division; or
(c) Altering land use designations, densities, or design requirements to reduce
demand for automobile travel and meet travel needs through other modes.
(2) A plan or land use regulation amendment significantly affects a
transportation facility if it: .. .
(c) Allows types or levels of land uses which would result in levels of travel or
access which are inconsistent with the functional classification of a transportation
facility; or
(d) Would reduce the level of service of the facility below the minimum
acceptable level identified in the TSP.
FINDING: The Hearings Officer's decision of the 1994 zone/plan change for the
adjoining property owned by the applicant was included in the record of this case.
That decision includes evidence submitted by ODOT regarding the impact of
commercial uses upon Highway 97. In those comments, ODOT indicates that
ODOT's 1991 Highway Plan establishes an operating level of service of "C" for the
intersection of Highway 97 and First Street.
The applicants submitted a traffic study that shows that commercial development on
this lot and the applicant's 11.53 acre parcel will reduce the level of service of the
First Street/Highway 97 intersection to LOS D in 1996 and LOS E in 2010, meaning
that limitations may need to be imposed upon the intensity of development allowed on
Page 5 - Findings and Recommendation (Yow, PA-94-4/ZC-94-4)
0138-0'719
the subject property or that road improvements may need to be made to the
intersection. ODOT was satisfied, in the 1994 zone change that this impact could be
addressed during site plan or subdivision approvals for the adjoining Yow property.
The same should be the case for the subject property.
(3) Determinations under sections (1) and (2) of this rule shall be coordinated
with affected transportation facility and service providers and other affected local
governments.
FINDING: ODOT has received notice of this planned change. ODOT also
participated in the 1994 zone/plan change.
DATED this day of February, 1995.
Liz Fanc nngs Officer
Page 6 - Findings and Recommendation (Yow, PA-94-4/ZC-94-4)
EXHIBIT "D"
0138-0;20
1819267
DEC
N 1994 `
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COUNTY PLANNING DIVISION
STAFF REPORT
FILE NUMBERS: PA -94-4 & ZC-94-4
HEARING DATE: Tuesday, January 17, 1995
TIME: 7:00 P.M.
PLACE: Hearings Room "A"
Juvenile Justice Building
1128 N.W. Harriman
Bend, Oregon 97701
APPLICANT: Randy Yow
50690 Highway 31
LaPine, Oregon 97739
PROPERTY OWNER: Margaret T. Debruin, Trustee of the
Baldwin -Herndon Oregon Trust
B. K. Herndon, Trustee of the Baldwin
Herndon Oregon Trust
1736 Williams Way
Grants Pass, OR 97527
AGENT: Sharon Smith
Post Office Box 1151
Bend, Oregon 97709
REQUEST: The applicant is 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.
STAFF CONTACT: Paul Blikstad, Associate Planner
PA-94-4/ZC-94-4
Page 1
0138-0721
APPLICABLE CRITERIA:
A. Oregon Administrative Rules, Chapter 660, Division 4,
Interpretation of Goal 2 Exception Process.
B. Deschutes County Year 2000 Comprehensive Plan.
C. Title 18 of the Deschutes County Code, the Deschutes
County Zoning Ordinance:
10
E.
-Chapter 18.64, Rural Service Center (RSC) Zone.
-Chapter 18.100, Rural Industrial (RI) Zone.
-Section 18.136.030, Rezoning Standards.
Title 22 of the Deschutes County Code, the County
Uniform Development Procedures Ordinance. _
Statewide Planning Goals 2, Land Use Planning, and 14,
Urbanization.
FINDINGS OF FACT'
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 #22-10-11CC as tax lot
1300.
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 1.76 acres
and is generally level and existing vegetation consists
primarily of a sparse growth of lodgepole pine trees and
scrub brush. The property currently has a sight -
obscuring fence along the west and south boundaries
adjacent to Huntington Road and First Street, which abut
the property along these boundaries.
4. SURROUNDING LAND USE:
North: Properties to the immediate north of the subject
site are zoned RSC and have Russell Industries furniture
manufacturing and store.
South: Properties south of the subject parcel are
primarily zoned RSC and consist of commercial, office
and residential uses. Directly south is the County
building jointly used by the Sheriff's Department and
Community Development Department.
PA-94-4/ZC-94-4
Page 2
East: East of
Highway 97 is
new commercial
this time.
0138-0'22
the subject site, between the site and
property used for machinery storage and a
subdivision which has no development at
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, public schools 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 is 1.76 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
has submitted an extensive burden -of -proof statement
addressing the relevant criteria for a plan amendment
and zone change, which is incorporated herein by
reference.
6. HISTORY: The subject property was primarily zoned M-2,
Heavy Industrial, under PL -5, the Deschutes County
Zoning Ordinance (effective June 6, 1973). Under PL -15,
the Deschutes County Zoning Ordinance (effective
November 1, 1979), the property was zoned RI, Rural
Industrial. The subject property is currently
designated and zoned Rural Industrial.
7. The subject property is bordered on two sides by
property (22-10-11CC, tax lots 800, 900, 1000, 1400,
1500 and 22-10-11CD, tax lot 1000) that was rezoned from
RI, Rural Industrial, to RSC, Rural Service Center
through the approval of PA -93-5 and ZC-93-5. The Plan
Amendment and Zone Change were adopted by the Board of
County Commissioners as Ordinance Nos. 94-010 and 94-011
on February 2, 1994.
8. The Planning Division has solicited comments from
affected agencies and departments. Their responses are
as follows:
A. Property Address Coordinator:
No address has been assigned to this parcel. A plot
plan showing the proposed access must be submitted to
the P.A.C. before an address can be assigned.
PA-94-4/ZC-94-4
Page 3
B. Deschutes County Public Works Department:
A reasonable request. Road improvements will be
required at the time the property is developed, for
Huntington Road and Reed Road.
C. The Bend-LaPine School District, IIS West
Communications and Midstate Electric had no
comments.
D. No response was received from the LaPine Fire
Department, LaPine Sanitary Sewer District, and the
Oregon Department of Land Conservation and
Development.
9. The Planning Division has not sent out notice at the_
time of writing of the staff report.
APPLICABLE CRITERIA:
1. OAR 660-04-018 (1), Purpose. This rule explains the
requirements for adoption of plan and zone designations
for exception areas. 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. Adoption of plan and zoning
provisions which would allow changes in existing types
of uses requires 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,
PA-94-4/ZC-94-4
Page 4
4138-074
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?
(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 are more
reasonable by another party during the local
exceptions proceeding.
PA-94-4/ZC-94-4
Page 5
0138-0;5
(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
itesare 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." 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:
PA-94-4/ZC-94-4
Page 6
0138-0'26
(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.
4. Section 18.136.030 of the DCC: 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.
PA-94-4/ZC-94-4
Page 7
0138-0'�� f
5. Relevant Comprehensive Plan Policies:
A. 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."
B. 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."
C. 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 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."
D. LaPine Rural Service Center Policy #34: "Other
existing industrial areas shall receive industrial
zoning and the area between the railroad tracts and
the existing industry on William Foss Road shall be
maintained as an industrial reserve area by the
establishment of a rural density residential zone."
E. 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."
F. 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
PA-94-4/ZC-94-4
Page 8
urban growth boundaries,
planned developments, or
be permitted."
0138-072* 8
rural service centers,
destination resorts shall
G. 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."
H. Industrial Policy #15: "Industrial areas of the
community shall be located where necessary services
can be provided and with good access to
transportation facilities."
6. Rural Industrial Zone (Section 18.100.010): The
purposes of the Rural Industrial Zone are to encourage
employment opportunities in rural areas and to promote
the appropriate economic 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.
7. Rural Service Center Zone (Section 18.64.010): 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.
STAFF COMM EWS AND RECOMMENDATIONS:
1. The applicant has submitted a burden of proof statement
addressing OAR 660-14-040, 660-04-018, 660-04-020 and
660-04-022. Staff recommends adoption of the
applicant's findings with respect to these standards,
incorporating them into the staff report and hearings
officer's recommendation to the Board of County
Commissioners.
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 25 miles to the north (Bend).
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
PA-94-4/ZC-94-4
Page 9
0138-0
inventory of all areas zoned RSC within the existing
Rural Service Center of LaPine which 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 129
RSC -zoned parcels (applicant did not include the 5 lots
zoned RSC in 1993), 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.
2. The subject property is located within the area
acknowleged as the LaPine Rural Service Center. The
subject property is approximately 1.76 acres in size and
is bordered by RSC zoned properties on three sides. In
1990 15 acres of RSC zoned property were rezoned to RI
(22-10-14BA-1000, 1400, 1500, 1600 and 1700; File #'s
PA -90-9 and ZC-90-10). The proposed zone change, if
approved, combined with the zone change completed
through PA-93-3/ZC-93-3 would return a similar amount of
property to RSC zoning.
3. 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 Staffs's opinion that a
Limited Use Combining Zone is not applicable due to the
nature of the applicant's request.
4. The criteria relevant to this application are contained
in Section 18.136.030, Rezoning Standards, of the
Deschutes County Code. Generally, the County's
Comprehensive Plan encourages the provision of needed
services to existing residents of Rural Service Centers
within compact commercial areas. In Staff's opinion,
the applicant's proposal is consistent with the relevant
Comprehensive Plan policies 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, as well as reduce the potential for
strip commercial development, and would not be a small
"island" of industrial property within what is now all
commercial property; (2) the subject property is within
the area stated by the Comprehensive Plan for commercial
development (Huntington Road and Highway 97); and (3)
the Comprehensive Plan states that industrial
development is more appropriately located east of the
railroad in a park like setting.
PA-94-4/ZC-94-4
Page 10
0138-0734
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."
Based on the above findings, it is Staff's opinion that
there is an identified need for additional RSC zoned
properties and that the subject property is located
within a concentration of local commercial services and
RSC zoned properties. Staff finds that the proposed
change is consistent with the comprehensive plan and the
purpose and intent of the proposed zone.
The proposed amendments appear to be compatible with
adjacent land uses. The subject property is bordered by
RSC zoned properties on three sides. The RSC zone to
the north and east were recently adopted, as indicated
in Finding of Fact #7 listed above. The RSC zone
primarily 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 two roadways
(Huntington Road to the west and Reed Road to the
south). 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 current standards would be determined.
In the plan amendment/zone change applications in 1993,
the Oregon Department of Transportation raised concerns
regarding the impact of the proposed zone change on
Highway 97 and has requested that a traffic study be
conducted. The applicant has submitted a traffic
analysis which indicates that the First Street/Highway
97 intersection will function at level of service D
through 1996, and with an improvement to the
intersection, will function as level of service E
through 2010, during the pm peak hour. During the rest
of the day, the intersection will function at higher
levels of service.
Staff believes that the traffic issue can be addressed
at the time of site plan submittal for development of
this parcel, as well as the other parcels in the area.
Road improvements to First Street and Huntington will
likely be required for any development of the subject
property.
PA-94-4/ZC-94-4
Page 11
0138-0.31
In Staff's opinion, the applicant has demonstrated that
a need exists for additional RSC zoning in LaPine and
that the subject site would be an appropriate location,
especially given the fact that the properties directly
east and north were rezoned in 1993 and an "island" of
rural industrial land is not a desired situation. Based
on the above findings, it is Staff's opinion that the
proposed zone change and plan amendment are consistent
with the Comprehensive Plan, the purpose of the RSC zone
and uses existing on surrounding properties. Therefore,
Staff recommends approval of this application.
PEB/slr
PA-94-4/ZC-94-4
Page 12
EXHIBIT "E"
0138-032
BEFORE THE DESCHUTES COUNTY HEARINGS OFFICER
APPLICANT: )
PA -94-4 and ZC-94-4
RAY PROPERTIES )
BURDEN OF PROOF
APPLICANT: Ray Properties
PROPERTY OWNER: Margaret T. Debruin, Trustee of the Baldwin Herndon Oregon
Trust, and B. K. Herndon, Trustee of the Baldwin Herndon Oregon Trust.
PROPERTY DESCRIPTION: T 22, R 10, S I ICC, Tax Lot 1300 (the "Property"). The
Property is approximately 1.7 acres and is located on the northeast corner of Pengra Huntington and
First Street.
ZONE: RI, Rural Industrial.
COMPREHENSIVE PLAN DESIGNATION: Limited Rural Industrial.
NATURE OF REQUEST: Applicants request a Comprehensive Plan change and Zone
change, changing the designation of the property from Rural Industrial to a Rural Service Center
zone. Applicant recently completed a zone change for surrounding properties in PA -93-5 and ZC-93-
5. The surrounding properties that were rezoned to Rural Service Center comprised approximately
12 acres. The subject property is contiguous to the recently rezoned property and is the only
remaining 1.7 acres of RI zoned property. It is completely surrounded by RSC zoned property. The
reason Applicant did not include this property in the previous rezone, is that they did not own the
property and only recently have acquired the right to purchase the property contingent on this rezone.
EXHIBITS:
1. Surrounding Area Maps
1 - BURDEN OF PROOF
srs\raypr1.003/5073
Holmes Hurley Bryant Lodien ® Lyndl
cJ- RNFu Snr i.av
,10 N w (....nn........I P C) 11— 11 �;l Rend C)r(,non 97709-1151 (5(13) 182-4331 Fax (503) 389-3386
4138-0;33
2. Assessor's Records
3. Listing Information
BURDEN OF PROOF: Applicant must establish that the proposed zone change meets the
criteria set forth in DCZO 18.136.030, Rezoning Standards, and Exceptions pursuant to OAR
660-14-040, and OAR 660-04-018, 660-04-020 AND 660-04-022.
I. 18.136.030 - REZONING STANDARDS
"A. That the change conforms with the Comprehensive Plan, and the change is
consistent with the plan's introductory statement and goals."
Applicant believes the following Comprehensive Plan provisions are applicable:
RURAL DEVELOPMENT:
"The predominant rural land uses in the County are open spaces, pasture and limited
crop production, livestock production, natural resource utilization and wildlife cover.
There is also residential use and some commercial and industrial activity in the rural
service centers. Unfortunately, the unrestrictive zoning permitted in the rural service
centers has allowed incompatible adjacent land uses and not resulted in providing the
needed services for the surrounding rural areas. In the case of Deschutes Junction, this
result is combined with another factor in that Bend's urban sprawl is augmented by
development at the junction. (p. 36)
Interestingly, the residents of the rural service centers, except for La Pine, have
expressed concern that higher levels of development in their locales would be
incompatible with the existing rural nature of the area. They agree that there is a need
for limited and controlled growth, but that the rural character of the community must
be maintained.
To guide development into appropriate patterns the following goals have been
prepared:
GOALS:
1. To preserve and enhance the open spaces, rural character, scenic values and
natural resources of the County.
2 - BURDEN OF PROOF
srs\raypr1.003/5073
Holmes Hurley Bryant Lodien ® Lynch
AM) 1 NI�.)G AI 1. \\l
„,..�.,A PC) 11— 11 SI 11_'i ()rnoni. ()7704-11 Sl (S09) 'W-4311 Fax (503) 389-3386
0138-0734
2. To guide the location and design of rural development so as to minimize the public
costs of facilities and services, to avoid unnecessary expansion of service boundaries,
and to preserve and enhance the safety and viability of rural land uses.
3. To provide for the possible long term expansion of urban areas while protecting
the distinction between urban (urbanizing) lands and rural lands. (pp. 36-37)
POLICIES:
Rural Development policies are meant to pertain to all non -urban areas (areas outside
urban growth boundaries) and are the basic policies to be followed in guiding rural
growth. (p. 37)
Rural Service Centers
13. Because there is a need to accommodate some rural residential development and
to provide necessary commercial services to existing rural residents, the County shall
designate the following rural service centers in order to provide a more efficient
pattern of development and energy use, as well as provision of public services: Alfalfa,
Brothers, Hampton, La Pine, Millican, Terrebonne, Tumalo, Whistlestop, Wickiup
Junction, Deschutes Junction and Wild Hunt. In addition, other sites, such as in the
Fall River/Spring River area, may be approved in the future as dictated by need of
existing rural residents. (p. 39)
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. (pp. 39-40)
LA PINE:
32. Adequate commercial area shall be established along Highway 97, Huntington
Road and William Foss Road to serve the community's commercial needs.
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 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.
3 - BURDEN OF PROOF srs\raypr1.003/5073
Holmes HUrley Bryani Liwhen ® Lynch
\ITiffm \Nsm Im
If) nr Xn/ n ............... A P n a— 11 F1 11,,-4 nr,,,,, 07700-11 Sl (',613) 381-4331 Fax (,03) 389-3986
0138-0'
34. Other existing industrial areas shall receive industrial zoning and the area between
the railroad tracks and the existing industry on William Foss Road shall be maintained
as an industrial reserve area by the establishment of a rural density residential zone.
URBANIZATION
POLICIES: Urban Boundaries
2. Urban growth boundaries identify and separate urbanizable land from rural land.
Conversion of urbanizable land to urban uses shall be based on consideration of (a)
orderly and economic provision for public facilities and services; (b) availability of
sufficient land for the various uses to insure choices in the marketplace; and (c)
encouragement of development within urban areas before conversion of urbanizable
areas. (p. 65)
Commercial
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. (p. 66)
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. (p. 66)
Industrial
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.
15. Industrial areas of the community shall be located where necessary services can
be provided and with good access to transportation facilities.
16. Community efforts should be directed toward improving the general appearance
of commercial and industrial areas so that they make a positive contribution to the
environment of the community.
17. Industrial areas shall provide for new industry in a park -like setting."
4 - BURDEN OF PROOF srs\raypr1.003/5073
Holmes Hurley Bryant L when ® Lynch
NMIlk NIASsrIAW
vi TV rti P C) Rnv l l Fl Rend Oronnn 97709-1151 (503) 382-4331 Fax (503) 389-3386
0138-0736
FINAL DESCHUTES COUNTY GOAL EXCEPTION STATEMENT:
[Page references are to the Comprehensive Plan prior to the recodification in April
1993.]
"The purpose of this document is to identify the lands where Deschutes County shall
request the Oregon Land Conservation and Development Commission grant an
exception to meeting the requirements of either Planning Goal 3 (Agricultural Lands)
or Goal 4 (Forest Lands). Further, this statement shall also explain the findings and
reasoning which justifies such an exception be granted. (p. 160)
During the preparation of the Deschutes County Comprehensive Plan it became
apparent that many of the rural areas in the County had already received substantial
development. These lands have largely been sold and become committed to
non -resource lands while recognizing that development which exists, and establishing
a more efficient development pattern. (p. 160).
Because of the rural development there have been created Rural Service Centers to
provide necessary public (i.e., schools) and private services to the rural population.
These Service Centers reduce transportation requirements and serve as a focus for
social and some economic activities. Deschutes County has chosen to emphasize the
Rural Service Centers as the appropriate location for the services and facilities needed
by the rural residents and to encourage most additional rural residences to be
constructed in the Rural Service Centers. This development of the Service Centers
would then permit some limited rural living opportunities, while insuring they occur
in areas of existing development at higher densities, compatible with the rural
environment and consistent with future transportation and utility networks. To
accommodate the Rural Service Centers some of the less productive resource lands
are being committed to non -resource uses. The commercial areas are those lands
already developed or committed to commercial use, while the residential areas are
relatively small surrounding areas where some development has already occurred. (p.
160)
Rural Service Centers
Rural Service Centers are a special situation. Originally established to provide needed
public and commercial services to rural areas, thereby increasing public services while
receiving (sic) transportation costs, these Centers have had mixed results. Some have
been very useful in providing necessary facilities, while others have been used to
foster sprawl. (p. 166)
One of the purposes of the new County Comprehensive Plan is to identify which of
the existing Rural Service Centers should be continued and where new ones shall be
5 - BURDEN OF PROOF
srs\raypr1.003/5073
Holmes Hurley Bryant Ltwhen N Lynch
N171'KNIA1 AA'1Aw
A0 N W (------A P (l 11— 11 51 "(Ll(1 (lrPonn 977(19-1151 (5(14) 382-43,31 Pax (5(13) 389-3386
0138-037
established. The plan identifies nine RSCs and leaves the possibility of another in the
future as an option if needed. The nine identified are Alfalfa, Brothers, Hampton,
LaPine, Millican, Terrebonne, Tumalo, Whislestop and Wickiup Junction. Of these,
only Brothers, Hampton and Millican are not on the three aerial photo base maps. All
of the others, except Alfalfa, are within the areas identified as having significant
existing development and are designated as already committed to development. (p.
166)"
Discussion:
Among all rural service centers recognized by the Deschutes County Comprehensive Plan,
the La Pine area is unique. It is the only rural service center where residents have not expressed
concern regarding higher levels of development. In fact, the Plan specifically recognizes that there
is a need for growth in La Pine. Applicant's proposal will be consistent with the policies to provide
necessary commercial services to the existing rural residents. The policy to provide a compact
commercial area will be better served. The need for additional commercial services will be met using
land already within the Rural Service Center of La Pine.
The proposal is to change from Rural Industrial to Rural Service Center in an area that is
much better suited to commercial uses rather than industrial uses. The parcel is entirely surrounded
by existing parcels zoned RSC. Rezoning this isolated 1.7 acres will complete the core commercial
center. This is in conformance with policy to reduce strip commercial so as to avoid unnecessary
traffic congestion and detract from the appearance of the community. Although the parcel does have
good access to Reed Road and Highway 97, it is not at the perimeter of a commercial area which
would tend to promote strip development as opposed to a core development. The Plan specifically
acknowledges that adequate commercial areas shall be established along Highway 97, Huntington
Road, and William Foss Road to serve the community's commercial needs. This area is bounded on
the west side by Huntington Road, on the east side by Highway 97, and accordingly has been
6 - BURDEN OF PROOF srs\raypr1.003/5073
Holmes Hurley Bryant Lmhen ® Lynch
Ar[IamicusM iANe
40 nr IV l................4 11 n R— 11 �l R...,,, nr......,, 077(1(1_11 S1 (Sf141 RR7-4141 Fax 0(141 UQ -1'19A
0138-01 �s
identified by the Plan as an area where commercial zoning would be appropriate. Additionally, the
Plan acknowledges that rural industrial uses are more appropriately located east of the railroad tracks
in the industrial park.
"B. That the change in classification for the subject property is consistent with the
purpose and intent of the proposed zone classification."
Discussion:
The purpose of the rural service center zone is defined in DCZO 18.64.010 as follows:
"The purpose of the rural service 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."
The proposed zone change will meet the needs of the rural residents and provide limited
tourist services. The Property is located within a concentration of local commercial services. As is
discussed above, under item A, the proposal fits nicely within the Comprehensive Plan since the zone
change will provide additional needed commercial areas without expanding the existing rural service
center of La Pine and without contributing to strip development along the highway.
"C. That changing the zoning will presently serve the public health, safety and welfare
considering the following factors:
a. The availability and efficiency of providing necessary public services and facilities.
b. The impacts on surrounding land use will be consistent with the specific goals and
policies contained within the Comprehensive Plan."
Discussion:
The subject property already has existing necessary public services and facilities. Specifically,
there is sewer, water, electricity and telephone services at the site. Additionally, there is excellent
traffic access since the property is at the intersection of Huntington Road and First Street.
7 - BURDEN OF PROOF
srs\raypr1.003/5073
Holme Hwiey Bryant LiMien ® Lynch
,)TFI I iNevs NI i AW
A
n ni Jnr �'r,. ,,,,,,,,.,q Pn ia�,.- 11 Si R,�,,,1 Clrnon„ 4770411 S1 (Sf13) 3RD -4341 Fix (S(14) 4R9-33RF
0138-0739
Accordingly, the zone change will not necessitate the extension of public services and facilities
beyond the already existing La Pine Rural Service Center area.
With respect to the impacts on surrounding land use, the change from Rural Industrial to
Rural Commercial should have minimal adverse impact. The surrounding properties are all zoned
RSC. The proposed zone change to RSC will be the same as, and therefore consistent with, the
surrounding area zoning. Moreover, the potential uses for a RSC zoned area are less likely to conflict
with surrounding uses than the potential uses for a Rural Industrial zone. The potential conflict
between Rural Industrial and Rural Service Center zones is recognized in the Comprehensive Plan
by virtue of the fact that a Rural Industrial area was designated to be located east of the commercial
core. For these reasons, the proposed zoning will serve the public health, safety and welfare.
"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."
Discussion:
There have been two major changes in circumstances since the Property was last zoned. First,
one of the primary reasons for zoning the subject Property and the adjoining parcels Rural Industrial
was the existence of the sawmill located on Tax Lot 900. Due to the decline the lumber industry, the
use of the sawmill has declined and Applicant plans to phase out the use of the sawmill. The furniture
plant and office and display room will continue to be used for sales, however, the lumber will be
manufactured off-site. This is a substantial change in circumstances from when the Property was
initially zoned. If the sawmill had not been in existence at that time, the Property likely would have
been zoned RSC consistent with the surrounding zoning. Second, the recent rezone of the
8 - BURDEN OF PROOF
srs\raypr1.003/5073
Holmes Hurley Bryant L when ® Lynch
:"-Hoag `\] i.,oc
40 N -W. Greenwood F.n. Rox 1151 Rend. Orel -on 97709-1151 (503) 382-4331 Fax(503)389-3386
surrounding 12 acres from RI to RSC has made the subject 1.7 acres an isolated parcel of RI property
completely surrounded by RSC zoned property.
II. Oregon Administrative Rules, Division 14, Chapter 660, Administrative Rule for
Application of the Statewide Planning Goals to the Incorporation of New Cities, Subsection
040, Incorporation of New Cities on Undeveloped Rural Lands.
"660-14-040 (1) As used in this rule, "undeveloped rural land" includes all land
outside of acknowledged urban growth boundaries except for rural areas committed
to urban development. This definition includes all resource and nonresource lands
outside of urban growth boundaries. It also includes those lands subject to built and
committed exceptions to Goals 3 or 4, but not developed at urban density or
committed to urban level development.
(2) A county can justify an exception to Goal 14 to allow ... establishment of new
urban development on undeveloped rural land. Reasons which can justify why the
policies in Goals 3, 4, 11 and 14 should not apply can include but are not limited to
findings that an urban population and urban levels of facilities and services are
necessary to support an economic activity which is dependent upon an adjacent or
nearby natural resource."
Discussion:
The subject Property was part of the Exceptions Document in the Comprehensive Plan prior
to the recodification in April 1993. Relevant excerpts from the prior Comprehensive Plan are set
forth above, illustrating that the property within the La Pine Rural Service Center has been the subject
of a Goal 3 and 4 exception. The subject Property was zoned Rural Industrial due to the sawmill on
the surrounding 12 acres. However, a change in circumstances necessitates the phasing out of the
sawmill. Although the property is vacant, there is substantial urban development in the surrounding
area already, in the form of the sawmill building, furniture plant, pump house, office, display room
and residence. The urban level of services already exist at the site. Although it is unclear whether the
9 - BURDEN OF PROOF
srsVaypr1.003/5073
Holmes Hurley Bryant Lodien ® Lynch
\TIY IH\ I::1' ,\ f I.T\,'
40 N.W. Greenwood P.O. Box 1151 Bend. Oregon 97709-1151 (503) 382-4331 Fax(503)389-3386
0138-0"14'41
property can appropriately be categorized as "undeveloped rural land", Applicant will provide the
following analysis pursuant to OAR 660-14-040 (3) to show an exception under the rule even though
it is possible that such an exception is unnecessary given the existing urban levels of facilities and
services already existing on the Property.
Applicant is proposing to rezone the property from Rural Industrial to Rural Commercial,
which should have a less intrusive impact on the existing surrounding commercially zoned areas. The
Comprehensive Plan has identified the need for commercial services to meet the needs of the -rural
residents as well as limited tourist needs. Although the timber industry is in decline, it is an economic
activity which is dependent upon the nearby natural resources of timber. La Pine has developed in
part due to the need to support the lumber industry.
"(3) To approve an exception under this rule, a county must also show:
(a) That Goal 2, Part II(c)(1) and (c)(2) are met by showing the proposed urban
development cannot be reasonably accommodated in or through expansion of existing
urban growth boundaries or by intensification of development at existing rural
centers;"
Discussion:
The proposed zone change cannot be reasonably accommodated in, or through expansion of,
the existing urban growth boundaries. La Pine 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 an identified need for commercial services to meet the needs of the existing rural
residents in the La Pine area. The Comprehensive Plan has already acknowledged that it is not feasible
to provide all necessary commercial services for those residents within the Bend urban growth area.
The zone change proposal is, in effect, an intensification of development at an existing rural center.
10 - BURDEN OF PROOF
srsVaypr1.003/5073
Holmes Hurley Bryant Lovlien ® Lynch
,crnncsr:s,ni.,u
40 N.W. Greenwood P.O. Box 1151 Bend, Oregon 97709-1151 (503) 382-4331 Fax(503)389-3386
0138-07 42
The subject Property is within the acknowledged Rural Service Center of La Pine. The proposed zone
change will serve the increasing needs for commercial services without the expansion of the Rural
Service Center area.
Applicant provided an inventory of all areas zoned RSC within the existing Rural Service
Center of La Pine in PA -93-5 AND ZC-93-S, including: (1) a set of zoning maps illustrating the
existing development on all lots zoned RSC and identifying those lots which were then available for
sale, (2) the assessor's records for the lots zoned RSC; and (3) the listing sheets for the RSC lots
then currently for sale. The justification for the rezone in PA -93-5 and ZC-93-5 is applicable to this
rezoning request. Accordingly, the exhibits provided in those applications are hereby incorporated
in this application. Even though this application is subsequent to the previous application and for that
reason there are 12 additional acres of RSC zoned property, the same justification should be applied
to this proposal. The only reason that the 1.7 acres was left out of the previous application is that
the property was not then owned by Applicant. The addition of the 1.7 acres should not be viewed
in isolation but should be viewed as an integral part of the rezoning of that entire section of the
commercial core of La Pine.
The following is a current description of RSC lots in La Pine by tax map:
22 10 11 CD y rctrGe'I S
,)LWi !Doi 400
There are three RSC parcels all owned by the United States government. Also, there is a small
lot, Tax Lot 1000, which was rezoned RSC in the last application.
11 - BURDEN OF PROOF
srs\raypr1.003/5073
Holmes HUrIcy Bryani L -when ® Lynch
W N W Croonwond P C) Box 11'.1 Rend. (pmt>on 97709-1151 (503) 382-4331 Fax (503) 389-3386
22 10 11 CC
This is the tax map where the subject Property is located. Tax Lots 1000, 900, 800, 1400 and
1500 were rezoned RSC in the Applicant's previous rezone. The remainder of the tax map contains
lots zoned RSC. Of the 17 lots zoned RSC, 6 are owned by the government. There is only one vacant
lot (Tax Lot 1101) which is currently used for lumber storage, and is approximately one acre in size.
Tax Lot 407 is 2.4 acres with commercial development, is for sale for $300,000 and is assessed at
$249.855.
22 10 14 BA
3
There are three RSC zoned lots, none are vacant. Tax Lot 700/700A1 is currently for sale.
The property is approximately 4.8 acres in size. The asking price is $299,000 and the property is
currently assessed at $91,935 pursuant to assessor's records. Tax Lot 104 is .29 acres and is for sale
for $210,000 and the assessed value is $70,065.
22 10 14 BB 3
There are 23 lots, three of which are in public ownership. There are six vacant lots, all of
which are one acre or less in size. Tax Lot 301 sold in September 1994. It is bare land, approximately
half an acre in size. The sale price was $57,000 but the property is assessed for $49,465. Tax Lot
400 sold in September 1994 for $75,000; it is approximately 23 acres and is assessed for $57,680.
Tax Lot 702 sold in December 1990 for $55,000; it is assessed at $35,085 and is .84 acres.
22 10 15 AA 11
There are 14 lots, however, five lots are owned by the grange (4500 through 6000). There
is only one vacant lot, which is Tax Lot 5100 and is approximately 75' x 100'. There are two
properties for sale. Tax Lot 5700 is .4 acres and contains a beauty shop. The asking price is
12 - BURDEN OF PROOF
srs\raypr1.003/5073
Holmes HUuley Bryant Lodien ® Lynch
'VF-I'"
F n"hm:s,cI I \%N
40 N W Creonwood P 0 Box 1151 Rend. Oregon 97709-1151 (503) 382-4331 Fax (503) 389-3386
0138-x" 4
$230,000, but the property is assessed at $55,715. Tax Lot 5600 is .23 acres, assessed at $37,760
and is for sale for $90,000. Tax Lot 5200 and Tax Lot 5300 have the same owner and have been
identified on the assessor's records as being for sale. According to the assessor's records, the
properties are 50'x 100' and 60'x 100' respectively.
22 10 14 BD
rD
There are five RSC zoned properties, one of which is in government ownership. All the
properties are improved and none are for sale.
22 10 14 BC
There are 28 lots zoned RSC on this tax map. Two are in public ownership and one is vacant.
Tax Lot 600 sold in April 1994 for $57,000; it was assessed at $49,465 and is 6.67 acres.
22 10 15 AD
M
There are 16 total lots zoned RSC. Five lots (Tax Lot 200 through 400) are owned by U.S.
West. There are three vacant tax lots: 600, 801 and 700, which are small lots adjacent to, and owned
by, the same owner as the La Pine Highway Center on Tax Lot 4100. Tax lots 4300 and 4301 are
small corner lots associated with lots in adjacent tax maps. There is one lot in public ownership.
22 10 14 CB
There is one lot zoned RSC. Tax Lot 400 is for sale. It is approximately 2.57 acres and
contains a trailer park and two houses. It is assessed at $111,350 and the asking price is $299,500.
22 10 15 DA
M,
There are 13 lots zoned RSC. Two are owned by Mid -State Electric Co-op. There are two
small vacant parcels. One is owned by the motel located on Tax Lot 701 as associated with that
property. The other is Tax Lot 500, which is approximately 1.92 acres and is vacant.
13 - BURDEN OF PROOF
srs\raypr1.003/5073
Holme Hurley Bryant kwhen ® Lynch
ATC(IIINI NI AI' I.AW
4n N W C;roonwood 110 Rox 11 Sl Rend. Oregon 97709-1151 (503) 382-4331 Fax (503) 389-3386
0138-0745
In the La Pine Rural Service Center including Applicant's properties, there are 124 parcels
zoned RSC. Of those parcels, only 13 are vacant. Of the vacant parcels, the largest is 1.2 acres, four
parcels are less than .5 acres and eight parcels are less than an acre. There are nine properties listed
for sale. All of the properties listed for sale and properties recently sold are at prices substantially
higher than the assessed value. In one instance, the asking price is over 400 percent of the assessed
value (22 10 15AA, Tax Lot 5700). Attached as Exhibit 1 is a list of RSL Properties for sale and
recently sold. Attached as Exhibit 2 are the assessor's records for those properties. These factors
illustrate the demand for commercial properties in the La Pine Rural Service Center area. The types
of uses on the vacant properties are limited due to their small size. The properties that are listed for
sale are at prices substantially greater than their assessed value due to the unavailability of property
to be developed for commercial use. These factors illustrate a need for additional commercial
properties in the area.
"(b) That Goal 2, Part II(c)(3) is met by showing the long-term environmental,
economic, social and energy consequences resulting from urban development 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 on
other undeveloped rural land, considering:
(A) Whether the amount of land included within the boundaries of the proposed
urban development is appropriate, and
(B) Whether urban development is limited by the air, water, energy and land
resources at or available to the proposed site, and whether urban development at the
proposed site will adversely affect the air, water and land resources of the surrounding
area."
Discussion:
The subject property is already located within the acknowledged La Pine Rural Service
Center. It is part of the only large (11.58 acres) piece of property within the Rural Service Center
14 - BURDEN OF PROOF
srs\raypr1.003/5073
Holmes Hurley Bryant L when ® Lynch
ATFO n+NEYSM
AO N W ( :rrrnwnwi P C) Roy 11 Sl Rf il(1. Orrnnon 977(19-1151 (5(13) 382-4331 Fax(503)389-3386
0138-Q7a
that is completely surrounded by existing commercially zoned parcels. The property is an appropriate
size to be rezoned commercial, in light of the fact that in 1990 approximately 15 acres of RSC zoned
property was rezoned Rural Industrial. That property is located on 22 10 14BA, Tax Lots 1000,
1400, 1500, 1600 and 1700 and Applicants previous rezone changed 11.58 acres to RSC.
Accordingly, this zone change will put property back into commercial zoning, thereby restoring a
total of 13.34 acres back to commercial inventory out of a total of 15 acres.
The location of the subject Property is more ideally suited to commercial development than
industrial use. The subject Property already has services available at the site, so an urban level of
development is not limited by the air, water, energy and land resources available. There would be a
less intrusive impact on the air, water and land resources of the surrounding area from commercial
development as opposed to industrial use. Industrial use generally has a greater adverse impact on
air and water resources than commercial property.
Siting the commercial development at the subject Property will reduce adverse impacts on
environmental, economic and energy consequences. If the commercial development were to take
place on an area not within the La Pine core commercial center, it would increase the use of gas for
transportation, thus having a negative impact on environmental and energy resources. Also, by
allowing commercial development within the core, there will be a lessening of sprawl along the
highway; reducing the adverse aesthetic impact of strip commercial development.
"(c) That Goal 2, Part II(c)(4) is met by showing the proposed urban uses are
compatible with adjacent uses or will be so rendered through measures designed to
reduce adverse impacts considering:
(A) Whether urban development at the proposed site detracts from the ability of
existing cities and service districts to provide services, and
15 - BURDEN OF PROOF
srs\raypr1.003/5073
Holmes HLuicy Bryant Loditn ® Lynch
40 N W Groonwood 110 Rox 1151 Rt'nvl. OrPenn 97709-1151 (503) 382-4331 Fax (503) 389-3386
0138-01147
(B) Whether the potential for continued resource management of land at present
levels surrounding and nearby the site proposed for urban development is assured."
Discussion:
The proposed zone change to commercial will compatible with adjacent uses because the
adjacent uses are all commercial. Development of the subject Property will not detract from the
ability of existing cities and service district to provide services. Due to the distance to Bend, Bend
is unable to provide all necessary commercial services to the residents within the La Pine Rural
Service Center area. Nor will the proposed zone change detract from existing service districts' ability
to provide services. Since the La Pine Rural Service Center is an existing service district, it would
likely be the area impacted by the proposed commercial zone change. However, as is discussed
above, there is a need for additional commercial property in the area, particularly since 15 acres was
removed from the inventory of commercial property and only 11.58 acres has been restored. The
demand is illustrated by the scarcity of commercial properties for sale in the La Pine Rural Service
Center. Of those that are listed for sale, the asking prices are approximately higher than the assessed
value. For these reasons, the existing service district is unable to meet the needs of the existing rural
residents.
There are no current resource lands surrounding the subject Property. There are limited forest
lands in the surrounding area. However, due to the distances from the subject Property, there should
be no impact whatsoever on surrounding resource lands.
"(d) That an appropriate level of public facilities and services are likely to be provided
in a timely and efficient manner;"
Discussion:
16 - BURDEN OF PROOF
srs\raypr1.003/5073
Holmes Hurley Bryant Lrwhen ® Lynch
cFF RNIAs AI Ak%
40 N W Grpnnwood P O Box 1151 Rind. Orevon 97709-1151 (503) 382-4331 Fax (503) 389-3386
0138-0;8
Once the Property has been rezoned, a site plan for development of commercial uses will be
submitted. The site plan will be reviewed to ensure that public facilities and services are provided in
a timely and efficient manner. Additionally, providing for commercial expansion within an existing
core commercial center will promote efficient use of public facilities and services.
"(e) That incorporation of a new city or establishment or new urban development of
undeveloped rural land is coordinated with comprehensive plans of affected
jurisdictions and consistent with plans that control the area proposed for
incorporation. "
Discussion:
As is discussed above, the proposed zone change is consistent with the Comprehensive Plan
of Deschutes County. The Comprehensive Plan does acknowledge that at some point in the future
it would be appropriate for the La Pine Rural Service Center to incorporate as a city. Currently there
are plans underway to establish a port district for the La Pine Rural Service Center area. This will be
an additional step on the way toward establishing an incorporated city. Providing for infill of
commercial development within the core area will also promote that result. It will provide an
additional tax base to support the necessary public services and facilities required for incorporation
of new cities.
660-04-02002
"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:
17 - BURDEN OF PROOF
srs\raypr1.003/5073
Holmes Hurley Bryant Lovlen ® Lynch
.CITY ,RN I IN'S ,CI I A%%
A0 N W (:—nn.n.nnri P (1 R,w 1151 Rend Orhhon 97709-1151 (503) 382-4331 Fax (.503) 389-3386
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 due to the proximity of the sawmill and
related development. 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 because it is completely surrounded by -RSL
zoned property and is in the commercial core of La Pine. 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 above. 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. Other areas do not have the unique characteristic of being
completely surrounded by RSC zoned properties.
18 - BURDEN OF PROOF srs\raypr1.003/5073
Holmes Hwiey Bryant L Aen ® Lynch
TTP I INI:Yti ,\'I' I. %\\
A0 nl W (:--,.nncl n n Rnv 11 �l Rnnli Ornonn 97709-11 Sl (';03)382-43,11 Fax(503)389-3386
0138-0750
"(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.
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 for travel, resulting in a more positive energy impact.
19 - BURDEN OF PROOF
srs\raypr1.003/5073
Holmes Hruiey Bryant Lodien ® Lynch
nnr�iin IN M LNIN
40 nt ini (rnnIIAIIIIIA P n aw 11 S1 Ravi (lrc.on„ 0770()-11';l rS041 487-4441 Fax 0,(141 489-T196
0138-0751
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
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 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
proposed zone change will allow uses more compatible with the surrounding property. There are no
surrounding natural resource uses.
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:
20 - BURDEN OF PROOF
srs\raypr1.003/5073
Holmes Hurley Bryant Lovlien ® Lynch
xrnIANENsM A%%
,10 nl AA/ (:rnrv,...r,nrl P C) Rn 11 S1 11""'I C) ,on 97700-1151 (F(13) 387-4341 Fax (';01)'389-T186
0138.0;
0138-0753
660-12-060
"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:
Attached as Exhibit 3 is a traffic impact analysis addressing the proposed rezone.
DATED this 21st day of October, 1994.
22 - BURDEN OF PROOF
HOLMES, HURLEY, BRYANT
LOVLIEN & LYNCH
SHARON R. SMITH OSB 86292
Of Attorneys for Applicant
srs\raypr1.003/5073
Holmes HJ( -y Bryant L when ® Lynch
n[ -FO NEal,,r1AW
40 N W Croonwood P0 Roy 1]Sl Rond, Orogon 97709-1151 (;(13) 382-4331 Fax (5(13) 389-3386
0138-0754
Exhibit 1
RSC INVENTORY (EXCLUDING APPLICANT'S PROPERTIES)
AVAILABLE RSC PROPERTIES
Tax Lot
Acres
Sale Price / Date Sold
Assessed Value
22-10-14B 104
.29
$210,000.00
$ 70,005.00
22-10-14BA 700
4.80
299,000.00
$ 91,935.00
22-10-11CC 407
2.24
300,000.00
249,855.00
22-10-15AA 5700
.40
230,000.00
55,715.00
22-10-15AA 5600
.23
90,000.00
37,760.00
RSC PROPERTIES SOLD
1 - RSC INVENTORY srs\raypr1.005\5073
Holmes Hurley Bryant L(when ® Lynch
dO N 1N i P n Rnv 1151 Bonn C)rvoon 97709-1151 (503) 382-4331 Fax (503) 389-3386
Date Sold
22-10-14BB 400 .23
75,000.00
9/94
57,680.00
22-10-14BB 301 .49
57,000.00
9/94
49,465.00
22-10-14BC 600 .67
221,000.00
4/93
210,685.00
22-10-14BB 702 .84
55,000.001
12/90
35,085.00
1 - RSC INVENTORY srs\raypr1.005\5073
Holmes Hurley Bryant L(when ® Lynch
dO N 1N i P n Rnv 1151 Bonn C)rvoon 97709-1151 (503) 382-4331 Fax (503) 389-3386