1996-27319-Ordinance No. 96-040 Recorded 7/25/199696-2'319
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
An Ordinance Amending the Bend Area
General Plan, as Amended, to Reconfigure
the Inner Urban Growth Boundary
and Declaring an Emergency.
ORDINANCE NO. 96-040
y..r: REVIEWED
bU o
LEGAL COUNSEL
DESCHUTES COUNTY,
WHEREAS, the Deschutes County Public Works facility, located on
tax lot 18-12-14-100, was constructed in 1976 as an allowed use in
the then -existing A-1 zone; and
WHEREAS, the County Comprehensive Plan and Zoning Ordinance
adopted in November 1979 pursuant to Statewide Planning Goals
designated the site as EFU land, as required by Goal 3, and caused
the public works facility to become a nonconforming use outside the
Urban Growth Boundary; and
WHEREAS, the continued growth of the county and increased demand
for services provided by the Public Works Department necessitates the
expansion of the Public Works facility and its hookup to the urban
area sewer system, and the facilities' location outside the UGB on
EFU lands precludes such expansion and hook-up to the sewer; and
WHEREAS, the Deschutes County Department of Public Works applied
for a Plan Amendment to change Bend's inner Urban Growth Boundary
(IUGB) to bring the public works facility within the IUGB and to
amend the text of the Plan and Zoning Ordinance to allow for a UGB
expansion and designation of the site as a Public Facility Zone; and
WHEREAS, a Hearing was held after notice given in accordance
with the law before the Urban Area Planning Commission and the Urban
Area Planning Commission recommended approval of the proposed Text
Amendments and IUGB reconfiguration under the Bend Area General Plan
and Bend Zoning Ordinance;
WHEREAS, the City of Bend was notified as required in the Joint
Urban Area Management Agreement and concurs in these amendments;
WHEREAS, after a hearing, the Board of County Commissioners has
determined that the proposed amendments are in the public interest
and conform to applicable law; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAIN as follows:
Section 1. Adoption of Plan Map amendment to reconfigure IUGB
and designate property with a Public Facilities Plan designation.
The Bend Area General Plan Map adopted pursuant to Ordinance 80-216,
as amended, is further amended to (1) reconfigure the Inner Urban
Growth Boundary (IUGB) in such a manner as to bring within the IUG
MCR -0 E
1 - Ordinance 96-040 (July 24, 1996)' K
AT 311996 �
1� L 2 3 96
the property described in Exhibit "A" attached hereto and by this
reference incorporated herein and shown on the map marked Exhibit "B"
also attached hereto and incorporated herein and (2) to designate the
property with a Public Facilities plan designation.
Section 2. Findings. The Board of County Commissioners adopts
as its findings the recitals set forth above and the findings
document attached hereto as Exhibit "C" and by this reference
incorporated herein.
Section 3. Severability. The provisions of this ordinance are
severable. If any section, sentence, clause or phrase of the
ordinance or any line or area on any map is adjudged to be invalid by
a court of competent jurisdiction, that decision shall not affect the
validity of the remaining portions of this ordinance.
Section 4. Codification. County Legal Counsel shall have the
authority to format the provisions contained herein in a manner that
will integrate them into the County Code consistent with the
Deschutes County Form and Style Manual for Board Documents. Such
codification shall include the authority to make such changes, to
make changes in numbering systems and to make such numbering changes
consistent with interrelated codes sections. In addition, as part of
codification of these ordinances, County Legal Counsel may insert
appropriate legislative history references. Any legislative history
references included herein are not adopted as part of the substance
of this ordinance, but are included for administrative convenience
and as a reference. They may be changed to correct errors and to
conform to proper style without action of the Board of County
Commissioners.
Section 5. Emergency. 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 24th day of July, 1996.
BOARD OF COUNTY COMMISSIONERS
'OF DESCHUTES COUNTY, OREGON
N Y bP S GEN, hair
V(
T: BARRY, SLAUGHTE , C mmissioner
Recording Secretary ROAM L. NIPPER, C6mihlssioner
2 - Ordinance 96-040 (July 24, 1996)
(.�� K h " ►a!j f" ,?
EXHIBIT A -10'j -k-. F 7 1
A portion of the SW 1/4 of Section I 1 and the NW 1/4 of Section 14, Township 18 South, Range 12 East,
Willamette Meridian, lying south of the north 20 foot right-of-way line of Ferguson Road as established in
1908 and the north 20 foot right-of-way line if McGilvray Road as established in 1910, west of the
westerly right-of-way line of the P.G.T. gas line easement, north of the north property line of the Central
Electric Co-op property as described in Bargain and Sale Deed Volume 337 page 999, and east of the
westerly 40 foot right-of-way line of S.E. 27th street, being more particularly described as follows:
Commencing, at the southwest section corner of Section 11, Township 18 South, Range 12 East, Willamette
Meridian, the Point of Beginning; thence along the west section line of said Section 11 N 00°41'32" E
20.00 feet to the north 20 foot right of way line of the 1908 Ferguson road alignment, thence leaving said
section line and along said north right-of-way tine S 89°36' 19" E 1325.78 feet; thence along the north 20
foot right-of-way line of the 1910 McGilvray road alignment S 89°36' 19" E 994.55 feet to tl�e westerly
right-of-way line of the P.G.T. gas line easement; thence leaving said north right-of-way line and along
said westerly right-of-way line, S 19°10'21" W 2I.12 feet to the north line of Section 14; thence
continuing along said westerly right-of-way line S 19° 10'21" W 1208.21 feet to the north east corner of
that property conveyed to Central Electric Co-op by Deschutes County in Bargain and Sale Deed Volume
337 page 999; thence leaving said westerly right-of-way line and along the north property line of said
Central Electric Cooperative property N 89°37'46" W 1256.17 feet to the north west property corner of
said Central Electric Cooperative property; thence N 89°3746" W 88.95' to the Westerly 40 foot right-of-
way line of S.E. 27th Street; thence along said westerly right-of-way line N 25°33'09" W 1089.82 feet;
thence 156.92 feet along the arc of a 1472.39 foot radius curve to the right, the long chord of which bears
N 22029'58" W 156.84 feet to the south 20 foot right -of -line of the 1908 Ferguson road alignment; thence
leaving said westerly right of way line and along said south right-of-way line N 89'36'19" W 41.88 feet to
the west line of Section 14;thence leaving said south right-of-way line and along said section line
N 00048'37" E 20.00 feet to the Point of Beginning. Containing 2,126,599 square feet (48.82 acres) more
or less.
EXHIBIT A
EXHIBIT B 0 1 t". cJ•
Deschutes County P.W. Site Addition to the Bend UGB
EXHIBIT B
Exhibit C 0 +. c)vUi
Findings
of Board of County Commissioners
in Support of Ordinances 96-040, 96-041
96-042 and 96-059
The Board of County Commissioners adopts as its findings the
recitals set forth in this ordinance and, except as noted herein, the
April 11, 1996 Staff Report attached hereto as Appendix 111" and the
Supplemental Burden of Proof dated May 30, 1996, attached hereto as
Appendix "2" and by this reference incorporated herein.
The Board finds pursuant to OAR 660-04-010(1)(c)(B)(i) that no
exception to Goal 3 is needed, since compliance with the seven Goal
14 factors under OAR 660-04-010(1)(c)(B) satisfies any applicable
Statewide Planning Goals, including Goal 3. Accordingly, the Board
does not adopt those portions of the staff report showing compliance
with Goal 3 by way of a developed exception and an irrevocably
committed exception, to wit, Conclusion of Law No. 5 and those
portions of Conclusion of Law No. 4 that adopt the Burden of Proof as
it relates to Goals 2 and 3.
In addition, the Board wishes to clarify that the uses allowed
under the Public Facilities zone as applied to the Public Works site
should be limited to those types of public works and public service -
type uses that pursuant to OAR 660-04-010(1)(c)(B) justified the
expansion of the UGB to include the subject site. Accordingly, the
Board has adopted a Plan policy limiting the uses in the PF zone to
those sorts of uses that justified the UGB expansion.
t
t
DESCHOTES COUNTY PLANNING DIVISION
STAFF REPORT
044
yy '' rr yy� �
I ,M
STAFF CONTACT: Paul Blikstad, Associate Planner
APPLICABLE (RITERTA:
A. Title. 19 Of the Deschutes County Code establishes zones
for the area located between the Send city limits and
roan growth boundary. Chapter 19.110 of isle 19
the uL.. �;. � � T .
PA-95-14/ZC-95-1_/TA-95-15
Page
Appendix 1
to Exhibit C
Ordinance 96-040
Pages 1 - 13
l'3J i�177-:1
FILE. NUMBERS:
PA -95-14, ZC-95-8 and TA -95-15
4.t��
BEARING DATE:
`?cnday, Aprii 22, 1995 ( CPQ �,
TIME:
111 Zv -'
c�
7:00 p.m.
��`'
PLA(=—
Bend City Council Chambers .,`°v
Sena C-tv Hal?
-10 BTW 'Mall Street �N".f_
- J
Bene Orecon 97701
BEARINGS BODY:
Bend Urban Area Planning Commission
APPLICANT/
Oeschutes Countv Deoartment of Public works
PROPERTY OWNER:
061.150 SE 27th Street
Bend, Oregon 97702
REQUEST:
AnaT_ications for a Plan Amendment and Zone
C4ange to amend the Bend Area General Plan
to allow an expansion of the Bend Urian
Growth Boundary to include 44.4 acres of
_ e Councy Pubs - a worts s_ta and to rezone
c::e expansion area to a 25 Pub I :c
?acilities zone. Also included is an
a;.p_icac_on :or a ':'ext Amendment c^ t e
Send area General Plan to new
:a::guace in the Plan for the urban Growth
bounda� � axmansion and a Text Amendment to
":-!a 19 of the County Code to establish a
new Public -acilities zone.
A=ORNEY:
S. �CVli�n
S: aron Smi t h
Oa_e Van Valkenburg
?csc CL -ca Box 1151
Bend, Oregon 97709
STAFF CONTACT: Paul Blikstad, Associate Planner
APPLICABLE (RITERTA:
A. Title. 19 Of the Deschutes County Code establishes zones
for the area located between the Send city limits and
roan growth boundary. Chapter 19.110 of isle 19
the uL.. �;. � � T .
PA-95-14/ZC-95-1_/TA-95-15
Page
Appendix 1
to Exhibit C
Ordinance 96-040
Pages 1 - 13
i
establishes standards and criteria for-.aendments to the
comprehensive pian and zone changes for the Bend urban
area. ,7 ,.,.,, ,I f', J.,-
01tid 6640
B. Title 18 of the Deschutes County Code establishes zones
for the rural county areas. Chapter 18.136 of Title 18
establishes standards and criteria .for amendments and
zone charges in the rural county areas.
C. Statewide Planning Goals T2, Land Use Planning - Part ZZ
Exceptions; 73, Agricultural Lands; T5 Open Spaces,
Scenic and N_J. is Areas and Natural Resources; X11,
c Facilities and Se_iices; $14, Urbanization.
D. Crecon Adminiszrative Rules (OAR) Chapter 660 Division
4, Goal Excepz:ons Process.
E. Cregon Adminiszrat_ve Rules 0500-12-060, Plan. and Land
Use Regulation Amendmen:s, from the Transportacior_
?'_ann_ng Rule.
F. The Bend Area General plan establishes an overall
planning and development=ramework for the Bend urban
area. The Plan establishes standards for amendments to
the plan on pages 68-69 of the plan.
G. The Deschutes County- Comprehensive Plan establishes an
overall planning and development framework for the rural
county areas.
H. Ti_ -e 22 of The Deschuzes Councy Ccde establishes
orcceduces Lor -=1 land use app.icat_cns in the Counzv.
FINDINGS OF FACT:
1. LOCATION: The subject property is lccated at 61150 S=
27`" Street, 3e_^_C. '1t is describe". on COunty_ Assessor's
map 13-12-14, as tax lot 100.
2. ZONING: The sub4ect _rcper-v is cur_ ^_t'v zoned
ETM -TRS, Extl�sive Far-nv Use - T lTialC/RedmCnd/Bend
subzone, and is designaced Agriculture on the Deschutes
Counzv Compre.hersive ?Ian.
3. SITE DESCRIPTION: The subject property _s the s4te of
the existing County Public Worts complex as out lined in
the apmlicant's burden of proof on page 6. The subject
tax lot (County owned) contains approximately 322 acres
and it has a vegetative cover or scattered juniper trees
and much scz.= brush or. the undeveloced and unused
portions of the site. Access to the site is off of 27th
Street in one Location into both the Public Works
complex and the 'Humane Society area.
PA-95-14/ZC-95-11/TA-95-15
Page Z
4. SURROUNDING LAND USE: Land use in the vicinity of the
f subject property ir_cludes the Central Electric Coop
office building to the south, High Desert Middle School
to the west, along with vacant land between the school
and Ferguson Road, County -owned property to the east,
Bureau of Land Management property directly north
(approximately 640 acres), and to t.e northwest across
27th Street :s a residential subdivision (Ferguson
Cour_). in addition, the County landfill exists
approximately cne-quarter mile to the south from the
subject property, which also includes the recycling
center. i e p !•+_ _
5. The applicant is requesting approval to amend the Bend
Area General ?lar_ map to axpand the 3e_nd Urban Growth
Boundary (UC -2) to include 44.4 acres of County Public
WCrkS property. Additionally, the applicant is
recuesting the 44.4 acre expansion of the
cundary, this same property be rezoned to a ?F, ?ublic
Facilities zcna, which is to be created thrcuch the
third applicati-_n, a Tax:: Amendment to Title 1.9 CL the
Deschutas County Code to add the PF zone to the zoning
ordinance. Along with the Plan change are some proposed
text changes to the Bend Area General Plan to address
the proposed expansion for Public Worts.
The proposed UG3 expansion requires an Exception to
Statewide Planning Goal Nos. 3, Agriculture, rl-, Public
Facilities and Services, and 414, Urbanization, since
thi3 is a pr^pcsed expans_Cn onto rural land des'cnated
as Acr icul--ure .
The applicant _as suhmittad a 58 -pace bur^en o= proof
statement, wit__ noceccok oL attac hea ax =its markad A
t_._cuch ?. ata== =_nds _ .at the appl_car_t has addressed
all 3ppiicabla ___taria, except as descri-bed below.
o . The ?iaPning _'T131CR sent notice ofL the proposes plan
amendment/ zone Change/tax= amendment applications to
Several pub__z agencies and recei-Ted the f:31 -1 -wing
comments:
A. The C_Cun-_ ?rCper"'T Address C^ 44r.ac-r Stats ._1at
the address of record :or this -arcel _s o=150 Si
27th Straet.
3. The 3end-7aPine School District states that they
support this action. In particular, implementation
of a "public facilities" zone is appropriate.
C . The 3end Fi_ra Department
comments until pians are
or change of access.
PA-95-14/ZC-95-11/TA-95-15
Page 3
states that they have no
submittad for construction
D. Avion Water Company, US West Communications and
Central Oregon, Irrigation District had n a nt
.i cl" (J-" %J64
E. No response was received from Central Electric
Cooperative, the City of Bend, the Bureau or Land
Management, the County Transportation Planner or
the Orego.: Department of Land Conservation. and
Deveioame t.
7. The public nctice for the pian amendment/zone change/
taxi amendment applications was mailed out on Marc: 11,
1995. No resrcnse to the notice has been received by
the Punning Division as of April 11, 1995. Notice was
mailed out to all property owners within 500 feet Of the
subject proper:7. Additionally, notice was pub lishad in
the 3ulletin ca Sunday, March 17, 1995.
CONCLUSIONS OF LAW:
1. Page 59 of t o 3end Area General Plan establishes the
following standards for amending the plan:
"Pian changes shall be consistent with the goals,
objectives, policies, and statements of intent of the
plan, or these guidelines shall be first changed or
amended to reflect new policies. An individual
requesting a change shall demonstrate that the change is
warranted due to changed conditions, a mistake or other
specific facts that demonstrate a public need and
benefit for the change."
The applicant _.as addressed this standar' on pages =7-50
Of t he bur -4e- of proof statement st� m_tted. The
apclicanc is zaking a position that t-- -'an reeds t, be
amended to i nc:ode new f i ndi ngs with respect to the
County Public arka complex, which the Plan currently
does not address, since the comm lax is and always has
been located cuzside of the urban growth boundary.
_7t appears that he app 14 is 1nCOrr?CL W1" 1 reS eCr
.. V
to when the Zoning Ordinance made the
Works complax a nonconforming use. A "_c:blic Use" :.as
not been listed in the County Zon_-C 3irdinance since
November 1, 1979. The original County Zoning Ordi-nance
PL -5 adonted in December of 197: listed a public use as
a conditional use in the old A-1, Exclusive Agriculture
zone. The County Public Works complex obtained approval
of a conditional use permit in October of 1975
(CU -75-45) and site plan approval in 1-973 (sP-78-1�) .
The only use listed under the old A-1 zone to which the
public works complex could be attached to would be the
"Public use" listing under Section 3.125 of PL -5, the
Conditional Uses listed in the A-1 zone.
PA-95-14/ZC-95-1?/TA-95-i5
Page ?
}J. 6 t t' Uii3
In the total revision of the County Zoning Ordinance
that occurred in 1979, the A-1 zone was changed to an
EFT -T, Exclusive Farm Use zone and given the EFU-320,
EFU-80, EFU-40 and EFU-20 designations, with the numbers
representing the minimum lot sizes is each zone. In
these zones adopted in November of 1979, a "public use"
no longer was iisted, nor was there any new use under
which the County Public Works complex would fit. In
essence, the complex was made a nonconforming use in
November of 1 y
979 with the adoption of the Count's new
zoning ordinance (PL -15). This 1979 ordinance was
adopted to be in compliance with both the Statewide
Planning Goals (which didn't exist is 1971) and the
State Administrative Rules which implemented the Gca?s.
It appears then that the Pj.:b1ic Works complex has been
nonconforming with raspect to zoning since November of
1979, even thous:j there have been a few changes to the
site. New parkiag has been added and some buildings for
storage have been added. Overall, the majority of the
complex was approved in 1978, however. Staff notes that
the notice of the public hearing for the L975
Conditional Use application was for a 70 -acre site for
public works.
Given the fact that the public works complex would be
considered a nonconforming use, it could not Linder the
current zoning and ordinance regulations be expanded.
Nonconforming uses are not allowed to ex-pand under Titla
18 of the County Code. The UGB expansion and rezcr__ng
to the PF zone will allow for additicr_s to the complex
by making it a permitted use in the Facilities
zone, and allow nor the corn ection to the CiZ-y of Send
sewer system.
Staff believes that the following sect_ons and policies
of the send A-rea General Plan are applicable to tae
proposec. pian amendment and zone chance, and need to be
addressed:
Under the general policies and recommendations section,
(page 4 of tee Plan) the following apply:
1. Urban development shall be encouraged in areas
where urban services can be provided and in a
manner which will minimize tax costs related to
necessary urban services such as schools, parks,
highways, police, garbage disposal, fire
protection, libraries, and other facilities and
services.
PA-9S-14/ZC-95-11/TA-95-15
Page 5
Staff findings: The County Public Works complex has
been located ac this site since 1978. With its numerous
buildings and substantial amount of employees, it should
be considered an urban development. In addition, the
County Public Works Department maintains (and has helped
build) numerous urban area roads. It is close to the
downtown Bend area where scores of meetings are held
each year wi-n State, City and other representatives.
With the new Geographic Infonnation System developed by
Public Works,* its location near Bend makes it easily
accessible to the many new users of the system.
Allowing Publiz Works to expand and to also connect to
the City sewer system will minimize tax costs and
arovide a needed urban service for the Bend urban area.
The public works site has existing ela(—r c, water and
ancne service, and can be connected -o the City sewer
systam in a relatively short time =came. Also, fire
procaction and police protection exis_ to the site.
3. Future development and local development standards
shall recognize and respect the character of
existing areas. Maximum flexibility in development
should be encouraged in undeveloped areas.
Staff findings: The area near the public works complex
is developed with uses that do not interfere with nor
are they by the complex. The middle school is
located west o= the comply and is far enough away that
noise generated at the public works eomplax is
dissipated by --e separation. The Cant -al Elect_Coop
of__c` is alsc not affected by the ccmplex. The public
works comp_ lex is a similar use to t e CYC office. '"o
the east, sour :east, norz east and ncrth is all vacant
Land owned ei_-er by the County or _he Bureau of Land
??anagemenc . o the norc rawest is t he only residential
area near the complex. This residential area is
separated =rc.;, the public works ccmpiex by several
hundred feet. The complax predates the dwellings in
this area byrany years. vo deve?ccment of additional
dwellings on :- e east side of 27th street in th is area
is possible, a4 ven th e EFTJ zoning and lard ownership
aattar^s.
8. Industrial areas of the community shall be located
where necessary services can be provided and with
good access to t.—ansportation facilities.
Continuing efforts shall be made to upgrade the
quality of existing and future industrial
developments as the area grows.
Staff findings: The public works complex has good
access to a major arterial (27th Street) and has a
relatively attractive setting given the landscaping that
PA- 95-?4/ZC-95-11/TA-95-15
Page 6
• f
helps buf_er the large size of the buildings. Any
expansion to the facility will require site plan
approval, which can include such things as color and
exterior appearance, as well as landscaping. �(�
ii � i;
The following policies of the urbanization section (page
19 of the Plan) are applicable to the proposed zone
change:
I. New - development should locate in areas where
facilities are available or can be provided at
least cost.
Staff findings: As indicated in a foregoing finding,
electric, watar and prone services already exist on the
subject property. If the public works complex. is to
expand, i-_ would be advantageous from an environmental
p0=nt
or view tp be connected to the C -4-,-y sewer system.
2. New developments shall pay the full cost of
providing urban service if the development occurs
prior to the City's or County's planned capital
improvements.
Staff findings: Arnv future expansion of the public
works complex will recuire all necessary improvements
established by the City of Bend for sewer connections
and fire protaccion standards -
St -z
== finds that the proposed plan change to amend the
Plan to allow the additional acreage into the urban
growth boundary is consistent with the above i e .
of cA. s
The acoiicar_t has recommended a new policy for t^.e
"General Poi-Lz-es and Recomme_ndacions sect th
ion o�" � e
pian ac paces o-7 ;June 7, 1995 version; , and a c"ar_ce
to _=e Public =aci__ties paracrapin_on page 52 of the
June 7th version_ o% the Plan. Staff :has not received
1=1put from C -4::,,r staff on hese chances . The c.^.anges
appear to be ade-ai:ate to address the proposed UGB change
mor - bi WO -KS.
Add' onal7 the ancliCanc has Proposed C~anges to the
Publ-c Bu- -dings and Fac -4-1-4 -_ i es seccion of the ?,ablic
bac-----es _lenient. .t ac^ears app 1 _cant may have
an old version of the Element. The one c :arae t hac
could be mace in this Section would be as follows:
"The City acquired new public works snot) facilities that
will be ade-nate for many years. Deschutes County
constructed a (new} Public wor.'ts comp lex on SE 27th
Streec to serve the urban and rural parts of the county.
The County public works complex should be added to the
Bend urban vrowth boundary and sewer sex -rice extended to
PA-95-14/ZC-95-11/TA-95-15
a
_ ge �
the complex. Additional area for expansion of the
jL t.r l V t,j-L
Staff also finds that there is a change in conditions,
specit:ically the need for eventual expansion of the
County public works complax and the extension of sewer
service to the area. More roads are being constructed
in the urban area as new subdivisions are develoo_ed.
These roads will need to be maintained, either by the
County or the City, if annexed. New facilities for the
equipment and employees that will serve the new
development will be needed at this Sita. In addition,
as mentioned in a foregoing finding, the public works
ccmplax is considered a nonconforming use under the
currant zoning and ordinance regulations, and cannot be
axnanded under these same regulations. The zoning has
to be charged in order for the facility to expand.
2. Secticn 19.1'6.030 of Tit'_-- 19 establishes criteria for
zone changes as=ollows:
19.116.030 Standards for Zone Change.
The burden of proof is upon the one seeking change. The
degree of that burden increases proportionately with the
degree of impact of the change which is sought. The
applicant shall in all cases establish:
A. That the change conforms with the Comprehensive
Plan. Specifically, the change is consistent with
the plan's intent to promote an orderly pattern and
sequence of growth.
Staff findings: Conformance with the 3end Area General-
Plan
eneralPlan_ has been addressed in foregoing =findings. Staff
ndsteat t..e proposed plan amendment/zone charge is
ccnsistent wit the clan's intent to promote an orderly
pattern and sect_,ence of Growth. with the additional
maintenance resccnsibilfities of the County_ Public works
Ceo_ ar_ment, addizfional facil_ties at this location_ will
be necessary. The logical jiace to establ .sh these
additional _ac___ __S will be at tale axistfinG cOmAla:C.
Tha reclacement of this comp lex elsewhere isbasically
out of the (7uestion, given its size and impacts, and
overall costs for reolacemenc. Making tie use a
pe=nitted use by changing the zoning is lcgical, rather
than raving it as a nonconforming use.
B. That the change will not interfere with existing
development, development potential or value of
other land in the vicinity of the proposed action.
?A-95-1 4/ZC-95- 95-15
Page 8
CIO
Staff findings: Property directly north and east oz tie
subject property is currently ur_develoced land and will
Likely remain undeveloped given the zoning and
ownership. To the south is the Central Electric Coon
office and the County landfill. These uses will not be
affected by anv expansion of the complex by changing the
zoning. To the west is the High Desert Middle School,
with the school building itself located several hundred
feet from the public works complex. The school went in
with full knowledge of the complex and the school
district supports the proposed zone change. To the
northwest is a residential area at a low density. This
area is separated from the public worts complex by
several hundred feet, in addition to a man-made wall of
rocks and dirt along 27th Street. No impacts on this
resiwential development is envisioned by expandi .c the
public worts Complex.
Staff finds ctat the proposed chance will not interfere
with the existing development, development poca^sial or
value of other land in the vicinity of �--he property.
C. That the change in classification for the subject
property is consistent with the purpose and intent
of the proposed zone classification.
Staff findings: The purpose of the proposed new Public
Facilities zone is listed as follows: "The PF zone is
incanded to provide area(s) for buildings and fac4_-t4es
at are owned and operated by fadera_, state or 'local
rev ._me ,.s, l C u1:414-4=s, special districts, or
non-or_OrcanrzatiORS and wh1C:I are CCC'1p1ad bV such
a 'odv to provide governmental or public- services.
The or--posed zone chance will meet :-Lis purpose.
D. That the change will result in the orderly and
efficient extension or provision of public
services. Also, that the change is consistent with
the County's policy for provision of public
facilities.
Staff findings. ?ubl� . services already exist _-- t:-',,- e
area. 'T'."_e sewer and wata; systems are a? readv in
except f-r the sewer connection to the public :,corks
complex. Power, phone and gas service already exist, as
do Zi=e and police protection.
E. That there is proof of a change of circumstance or
a mistake in the original zoning.
Staff findings: As stated in foregoing findings, there
has been a chance of circumstances since the original
zoning was established. The Public Worts complax is now
P?�-95-1�%ZC-95-11/T�-95-iS
Page 9
a nonconfor,...6ng use. Making it a cot._orming use will
allow expansion of the use and also allow connection to
the City sewer system. The public works complex,
including the Humane Society, is essentially an urban
use and should be considered a part of the urb :,arm. P
U � +u6c)
3. Conformance with Oregon Administrative Rules 660-11.2-060.
660-12-060 Plan and Land Use Regulation Amendments
(1) Amendments to functional pians, 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.
Staff findings: The procosed plan and zone chance for
t e subject property will allow c' -7e existing - :pad,
scac_f_ca11y ..7t1'1 Street, will cont_ ue to funcpicn at
•-ec a lavel ca ``' n-� ti feet
are ac.. ..tabl _ ve of sem s� ire �_J-Se Jen t., Jt_
is a designapsd urban arterial wizh an approximate
capacity of 12-14,000 average dai'_v trips (ms=s)
wit :cut the cancer turn Lane that _S Heeded t 1ae
1 -lacus . The applicant states that t=:e latest tra_=.c
count showed just over 7,300 ADTs in f_cnc of the pub!.Lc
wo=ks comp lex on 27th Streec.
T -he burden of roof submitted by t.-_ ato l -cant states a
capacity of 19,000 AOTs for 27th Street; this capacity
wi:1 exist only when a cancer turn lar_e is constructed
alcng its entire length. Staff chec'{ed with Gam J Budd,
County Traffic Engineer, and the 12-14,000 traf=_c
=icure is more accurate with respect to the current
capacity of 27th Street. With the 7,300 current count,
there is addi__onal capacity on 27t. St_eec at tris
time. Upgrades of this road would be complatad by the
applicant_
PA- 95-11/ZC-95-11/TA-95-IS
Page 10
(2) A plan or land use regulation amendment
significantly affects a transportation facility if
it :.'I
16j Ui
(a) Changes the functional classification of an
existing or planned transportation facility;
(b) Changes standards implementing a functional
classification system;
(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.
(3) Determinations under subsections (1) and (2) of
this section shall be coordinated with affected
transportation facility and service providers and
other affected local governments.
Staff findings: The County and City do not yet have a
transportation system clan in effect that complies with
the new transportation planning rule for the Bend urban
area. The Luncsional classification for 27th Street is
an urban arterial; the change of zcning on the subject
property will roc affacL that desigiation or reduce the
level or service for 27th below its arzarial status.
"ihe County Works Department _3 the dDplzca t in
this ins Lance, and th ev are the aceTcv the ?!a= -,ng
Division cccrdinaces with to decarmnine im-cads on
screecs Cr r^.ads . Purliz Works has indicaced what 27t 1
Street has adequate capaci-v tp accommodate any
additional .traffic created by the zone change.
a_. The acclicant :as listed and addressed the Statewide
Planning Goals on pages 10-20 of the burden of proof
statement. Staf= concurs with the applicant's Li :dirigS
on --.-,-e Goals, includi_.c -he seven factors of Gaa 14
i_3Led on Daces 14-20, and Inco=cratas them herein Dy
reference. Sta=r -finds th aL the prcoosed change the
urban growth boundary will 'clave no impact on
agricultural or Laren uses, since there are none and will
likely be no agricultural or farm uses on lard
immediately adjacent to _he proposed site. There are no
watar rights associated with these lands and they are
owned by governmental agencies. As indicated by the
acplicant, the closest agricultural use is over one -hail
mire from the site.
CZ. The aADlicant has listed and addressed the Oregon
Administrative Rules, including 660-04-010, 660-04-018,
"0-04-025 and 660-04-028 on pages 20-44 of the burden
of proof statement. Staf_ concurs with the applicant's
findings on these criteria and incorporates them herein
by...._.._enC
6. The aaniicant has listed and addressed the Descucas
County Year 2000 Comprehensive Plan and Title 18 of the
County Code on cages 50-56 of the burden of croof
statement. Staff concurs with the applicant's findings,
except for the statement about when the public workcs
complex became a nonconforming use. Staff believes chat
the complex became a nonconforming use in 1979, rather
than in 1993 through House Bill 3661 as indicated in the
burden of proof statement. Staff has checked the
official reco_ds of the County Clerk, and the
copy of PL-15 (Deschur-es County Zoning Ordinance)
adopted in 1979 did nor- include "public use" or any
ocher use under which the public works complex could be
categorized. _t became a nonconforming use in November
of 1979. Staff believes that given the fact that the
County Public Works complex has been a nonconforming use
for over 15 years, it should become a permitted use in a
zone in which it is allowed. :xpansien of this facility
is a reasonable option, given the growth in all pars of
the county, including the substantial increase in
population within the Bend urban area over just the Last
5-6 years . �.^. the next 20 years, the Bend urban area is
projected to increase in population from around 410,000
to over 62,000 people. The County overall is ex-_ectad
to have a population in 20 years ranging from
approximately 123,000 to 200,000 oecp_e, dependin- on
tie _rowch rate for the area.
The apnlicanc has indicated that by the year 2010, over
25,000 -square feet of addi.._onal area will be needed for
buildings and open space, and them wi 11 be 33 new
emo loyees on the site. :t is clear that the public
works complex will need to expand within a rala::iva ly
short time frame. How much land should be set aside =or
additional buildings, par'.cing areas, or on_ en space for
employees is c he cr'.ix of -he applicacion. There could
be other users of the site, should of her uses listed in
the new PF zone actemnc to locate ac the sita. The
question becomes how much acreage should be included in
the UGB .
CONMUSIONS AND RECCMMENDATION:
Based upon the above findings, Staff finds that the proposed
plan amendment/zone change application meets the standards
PA-95-14/ZC-95-11/TA-95-15
Paae 12
and criteria or. t:e Send Area General Plan and Title 19 of
the Deschutes County Code (and the Deschutes County
Comorehensive Plan and Title 13 of the County Code), as well
as the criteria of Oregon Administrative Rules and the
Statewide Planning Goals. The Planning Staff finds the
proposed change to be consistent with these criteria .t1 , r-111—
Staff:
-111—Staff raccmmends approval of the proposed plan amendment/zone
change for the subject property. Ii this plan amendment/zone
change is recommended for approval by the Plann ng Commission
to the 3oard of County Commissioners and the Bend City
Council, -he acplicanc will need to provide a legal
descripotien for the subject orocerty for ado_otian of the
changes *v the Board of County Commissioners.
Stas= alsc raccmme_^_ds approval of the text change to include
the pronesed Public _-acuities zone within_ Title 19 of the
County C-4de.
Stat= -.c-.as that -he City of Send has not at this time
submi -ed anv comments on the proposed change. If this
changes is approved, the subject property will one day be
within the City limits of 3end. Staff believes the City's
input probably should be requested by the Planning
Commission..
PE3/s;-
PA-95-11/ZC-95-11/'^�-95-15
Page 13
SUPPLEMENTAL BURDEN OF PROOF STATEMENT 'NY
IN SUPPORT OF THE PROPOSED ' ci
PUBLIC FACILITIES - PF ZONING DISTRICT
FILE NUMBER: TA -95-15, PA -95-14, ZC-95-8
APPLICANT: Deschutes County Department of Public Works
61550 SE 27th Street
Bend, Oregon 97702
OWNER: Same
AGENT: Robert S. Lovlien
Sharon R. Smith
Dale Van Valkenburg
Post Office Box 1151
Bend, Oregon 97709
PROPOSAL: A plan/text amendment to the Bend Urban Area General Plan and
Title 19, the Bend Urban Area Zoning Ordinance to add a new
zoning district to be known as the Public Facilities - PF Zone. The
proposed text and plan amendment are in conjunction with a
proposed zone change/plan amendment to expand the Bend Urban
Growth Boundary to include 44.4 acres around the existing County
Public Works Compound located at 61550 SE 27th Street, Bend.
STAFF REVIEWER: Paul Blikstad, Associate Planner
APPLICABLE CRITERIA:
* Bend Area General Plan:
Urbanization/UGB Discussion;
Public Facilities;
Amendment Procedure.
Public Facilities Zone/Text Amendment Appendix 2 to Exhibit C
Ordinance 96-040
May 30, 1996 Page 1 Pages 1 - 8
Bryant LMien ® Jarvis
ATTORNDS AT L4W
40 N.W. Greenwood 0 P.O. Box 1151 ■ Bend, Oregon 97709-1151 ■ (541) 382-4331 ■ Fax (541) 389-3386
* Title 19 of the Deschutes County Code, the Bend Urban Area Zoning Ordinance:
Chapter 19.116, Amendments, Appeals and Procedures.
* Title 22 of the Deschutes County Code, the Deschutes County Development Procedures
Ordinance.
FINDINGS OF FACT:
J; ,., 1( ) r5 w ,
U-ku,o v;060
1. FACTUAL BASIS: The Applicant hereby incorporates by reference the "Findings of
Fact" contained on pages 6-10 of the Applicant's February 7, 1996 Burden of Proof
statement, and as supported on pages 2-4 of the Deschutes County Planning Division Staff
Report dated April 11, 1995. The factual basis for the proposal has not changed it any
way since those previous documents were created.
2. BACKGROUND: The proposed PF zone was first conceived as a component of the
proposed Urban Growth Boundary expansion for the County Public Works Compound.
The site is currently zoned EFU, but once it is incorporated within the UGB it will require
a new zoning designation which will permit expansion of the use. Although there are
other zones within the UGB which could accommodate the Public Works Compound (IL,
IG, CG), they also allow for a large variety of industrial and commercial uses which are
clearly not appropriate on the site. By proposing a new zone for the site which allows
only public facilities, future development on the site can be effectively limited to the type
of use for which the goal exception allowing the expansion has been justified.
3. PROPOSAL: The Applicant is proposing amendments to the text of both the Bend
Urban Area General Plan and Title 19, the Bend Urban Area Zoning Ordinance. The
Amendments to the General Plan would add language supporting the adoption of a Public
Facilities zoning district and the expansion of the Urban Growth Boundary to include the
Public Works Compound at 61550 S.E. 27th Street. The amendments to Title 19 would
add an entire new chapter, proposed as Chapter 19.70, Public Facilities - PF Zone.
Amendments will also be necessary to add the PF Zone to the Table of Contents and to
Chapter 19.08, Establishment of Zones and Zoning Maps. The proposed plan and
ordinance text amendments are as set forth in the attached exhibits.
4. PURPOSE: The proposal to create a new zoning district is a significant, but only
ancillary component of the Applicant's proposal to expand the Bend Urban Growth
Boundary. Although a justification for the proposed PF Zone was included in the original
burden of proof, it may not have received the individual justification it deserves in order to
be fully considered by the Board of County Commissioners and City Council. The
purpose of this supplemental burden of proof statement is to provide a specific written
Public Facilities Zone/Text Amendment
May 30, 1996 Page 2
&yant LoAm ® Jarvis
ATICWM AT WV
40 N.W. Greenwood ® P.O. Box 1151 ■ Bend, Oregon 97709-1151 ■ (541) 382-4331 ■ Fax (541) 389-3386
a... I� ;J...,.
justification for the proposed Public Facilities - PF Zone.
The proposed Public Facilities zone district would be of great benefit to the County, City
and other public agencies in a variety of ways. As provided in the proposed "purpose
statement" for the PF Zone:
"The PF zone is intended to provide area for buildings and facilities
that are owned and operated by federal, state or local governments,
public utilities, special districts, or non-profit organizations and
which are occupied by such a body to provide governmental or
public services."
Presently, such public facilities and uses are "shoehorned" into various commercial,
industrial, and residential zoning districts primarily as conditional uses. There are no plan
designations supported by zoning districts which allow public facilities and uses
specifically or exclusively. Thus, it is difficult to plan in advance where such public
facilities may be located, as there is no zoning mechanism in place to prevent designated
sites from the other types of development allowed in the commercial, industrial and
residential zones. With the establishment of a Public Facilities zone, the Planning
Commission would possess a valuable tool in designating the future locations of schools,
parks, government offices, and public utility facilities on the General Plan Map and Zoning
Map at the time of comprehensive planning. The speculative value increases associated
with commercial, industrial, and residential zoning designations would be eliminated as the
uses allowed on property so designated would be limited only to public uses and facilities
as allowed in the proposed PF zone.
While the PF zone would be an ideal tool for designating future public facilities (such as
the proposed Community Corrections Campus), the proposed amendment would not
remove public facilities as uses where they are currently allowed in other zoning districts.
In this way, the establishment of a PF zone would not require the County or City to re-
zone all existing public facilities to PF in order to be in compliance with the General Plan
and Zoning Ordinance. Current facilities located in commercial, industrial, or residential
zones could continue to exist and operate as conforming uses which could be altered or
expanded pursuant to current zoning regulations. Also, new public uses and facilities
could still be established outside of the PF Zone in zones where they are presently
allowed.
APPLICABLE CRITERIA/CONCLUSIONARY FINDINGS:
L Conformance with the Bend Area General Plan
A. Conformance with General Plan Amendment Procedure:
Public Facilities Zone/Text Amendment
May 30, 1996 Page 3
Bryant L.avhm ® Jarvis
ATIM,06 AT UW
40 N.W. Greenwood ® P.O. Box 1151 ■ Bend, Oregon 97709-1151 ■ (541) 382-4331 ■ Fax (541) 389-3386
iL
Amendment Procedure. Plan changes shall be consistent with the goals, objectives,
policies, and statements of intent of the Plan, or these guidelines shall be first
changed or amended to reflect new policies. An individual requesting a change shall
demonstrate that the change is warranted due to changed conditions, a mistake, or
other specific facts that demonstrate a public need and benefit for the change. (p.
69, General Plan)
RESPONSE: The Applicant is proposing amendments to the General Plan reflecting new
policies which the Plan does not currently address. The proposed amendments are outlined
in the attached Exhibit "A", and include changes primarily to the Public Facilities Element
of the General Plan. The proposed amendments establish objectives, policies, and
statements of intent of the Plan regarding the siting of public facilities, such as the County
Public Works Compound, within the Urban Area. The amendments support the
establishment of a new zoning district intended to accommodate the siting of public
facilities. The proposed new zoning district would not allow uses other than public uses
and related facilities as outlined in the proposed zoning ordinance text.
While the Applicant does not assert that there has been a specific change in circumstances
or that a mistake was previously made, the Applicant does believe that the proposed PF
Zone has tremendous potential public benefit. As discussed above, there is not currently a
zoning district which allows public uses and facilities exclusively. The addition of such a
zoning district will allow local government agencies and special districts to designate
future sites for facilities by designating them on the General Plan and Zoning Maps well in
advance of actual site planning and construction.
II. Conformance with Title 19 of the Deschutes County Code, the Bend Urban Area
Zoning Ordinance
A. Chapter 19.08, Establishment of Zones and Zoning Maps:
RESPONSE: The Applicant is proposing a change in zoning which will require an
amendment to the urban area zoning map. In addition, since the Applicant is proposing
the addition of a new zoning district to the Bend Urban Area, an amendment to the text of
Title 19 must be made. Those proposed changes are as set forth in Exhibit "J", the
Applicant's proposed PF - Public Facilities zone.
B. Chapter 19.116, Amendments, Appeals and Procedures:
1. 19.116.030, Standards for Zone Change. The burden of proof is upon the
one seeking change. The degree of that burden increases proportionately
with the degree of impact of the change which is sought. The applicant shall
in all cases establish:
Public Facilities Zone/Text Amendment
May 30, 1996 Page 4
Bryant tavlien ® Jarvis
ATTO N M AT LW
40 N.W. Greenwood 9 P.O. Box 1151 ■ Bend, Oregon 97709-1151 ■ (541) 382-4331 ■ Fax (541) 389-3386
A. That the change conforms with the Comprehensive Plan. Specifically, the
change is consistent with the plan's intent to promote an orderly pattern and
sequence of growth.
RESPONSE: The subject property is located at the physical transition line between rural
and urban lands. The use of the property, which is of an intensity more typical of an urban
use, is located just outside of the urban growth boundary. The proposed UGB expansion
would not lead to any different types of uses on the site, although it will lead to an
increase in the size of the facility. The expansion of the UGB will allow the compound to
connect to the city sanitary sewer system. Since the site is already heavily developed as
the Public Works Compound, the proposed UGB expansion will only allow the orderly
and efficient expansion of that site, and will not have a significant impact on land uses in
the area or the urban area as a whole.
The proposed text amendment to add a new "Public Facilities" zone which allows only
public uses and facilities is an appropriate zoning designation for the Public Works
Compound once it is incorporated within the UGB. However, the proposed new zoning
district could potentially be applied anywhere within the UGB. Both The Applicant and
the Bend Urban Area Planning Commission (which held a public hearing on the proposal
on April 22, 1996) believe that the addition of such a zoning district to the Bend UGB
could be of great benefit in promoting an orderly pattern and sequence of growth.
As discussed above in this statement, the addition of a zoning district which allows public
uses and facilities exclusively is a very useful tool for the planning of future locations for
public facilities such as parks, schools, government offices, and corrections facilities. In
fact, the County Sheriffs Office is considering proposing a Public Facilities zone
designation for the proposed Community Corrections Campus around the existing jail site
in the northern portion of the UGB on Highway 20. The Corrections Campus proposal is
similar to the Public Works proposal in that a commercial or industrial zone is not really
appropriate for locating public facilities with large acreage requirements. By designating
such sites for public use only through imposition of the Public Facilities zone, the City and
County can ensure an orderly pattern and sequence of growth at the time of
comprehensive plan and zoning map amendments. If such sites were to be designated
commercial or industrial, the Planning Commission and Board of County Commissioners
would be forced to consider the possibility that commercial or industrial development
might eventually occur on sites so designated.
B. That the change will not interfere with existing development on, development
potential, or value of other land in the vicinity of the proposed action.
RESPONSE: The new Public Facilities zone will allow the Planning Commission and
Board of County Commissioners to pre -designate specific sites for development with
Public Facilities Zone/Text Amendment
May 30, 1996 Page 5
Bryant LWim ® Jarvis
ATTC R"ATL W
40 N.W. Greenwood ® P.O. Box 1151 ■ Bend, Oregon 97709-1151 ■ (541) 382-4331 ■ Fax (541) 389-3386
UJB U J��
public uses and facilities. The appropriate time to make determinations on interference
with existing land uses in the vicinity of sites to be designated PF is at the time that a
specific site is being considered. In the case of the Public Works Compound, extensive
findings regarding non-interference and compatibility with area land uses have been
provided. Similar findings of compatibility would be required for any proposal to
designate a site with the new Public Facilities zone.
C. That the change in classification for the subject property is consistent with
the purpose and intent of the proposed zone classification.
RESPONSE: The Applicant is proposing a new zoning designation, the Public Facilities -
PF zone, which would only allow public uses. The new zone, proposed as Chapter 19.70
of Title 19, is attached hereto as Exhibit "B". The draft statement of intent for the PF
Zone provides that:
"The PF zone is intended to provide area for buildings and facilities that are
owned and operated by federal, state or local governments, public utilities,
special districts, or non-profit organizations and which are occupied by
such a body to provide governmental or public services."
The Applicant is also proposing new language for the Urban Area General Plan which
supports the adoption of a new zone for public facilities (see Exhibit "A"). While the PF
Zone will exclude commercial, industrial or residential uses, the zoning ordinance will not
be amended to exclude public facilities and uses from other zones in the UGB. This will
prevent the need to re -designate all present public facilities to the PF zone in order to
avoid their becoming non -conforming uses. It will also eliminate the need to re -zone a site
to locate a new public facility if it is presently allowed by the zoning ordinance.
The Applicant envisions the PF zone as being most appropriate for uses such as the Public
Works Compound or the proposed Community Corrections Campus which encompass a
substantial amount of acreage. The PF zone will also be of benefit to the Planning
Commission and planners for various agencies in identifying and preserving future sites for
schools and parks.
D. That the change will result in the orderly and efficient extension or provision
of public services. Also, that the change is consistent with the County's
policy for the provision of public facilities.
RESPONSE: As discussed above, the proposed PF zone will aid in the process of
planning and siting public facilities. As such, the change will result in a more orderly and
efficient provision of public services. Although some additional specific language is
proposed for the General Plan to support the implementation of the PF Zone, the change
Public Facilities Zone/Text Amendment
May 30, 1996 Page 6
Bryant L(Mien ® Jarvis
ATif7NIEl5 AT LAV
40 N.W. Greenwood ® P.O. Box 1151 ■ Bend, Oregon 97709-1151 ■ (541) 382-4331 ■ Fax (541) 389-3386
JL t. (J CU
is consistent with the Public Facilities Element policies for the provision of public facilities.
E. That there is proof of a change in circumstances or a mistake in the original
zoning.
RESPONSE: The Applicant has demonstrated two changes in circumstances relating to
the present zoning on the subject parcel which necessitate its inclusion with the UGB.
Those reasons are discussed at length in original burden of proof statement.
The Applicant does not argue that there has been a specific change in circumstances or a
mistake in the original zoning of the urban area in general which has led to the necessity of
a Public Facilities Zone. However, as a public agency, the Applicant does assert that the
rapid growth experienced in the Bend area over the last decade has outpaced the various
public service provider's ability to provide efficient service. The rapid growth has also led
to a tremendous increase in land values and a relative shortage of available land for the
location of new public facilities such as the Public Works Compound (see Exhibit "L" to
the original Burden of Proof, a map identifying alternative sites).
Given the lack of an appropriate zoning district for locating such facilities as the Public
Works Compound or Community Corrections Campus, the Applicant believes that the
time for a dedicated zone for public facilities has come These types of facilities provide
much needed service to the community, but there is no existing appropriate zone for their
locations. The addition of a Public Facilities zone will allow sites to be specifically
designated for public uses and facilities, thus not impacting in any way the crucial
inventories of commercial and industrial zoned land within the urban area.
It appears that this specific review criterion requiring a "mistake" or a "change in
circumstances" arises from the "Amendment Procedure" policy within the Bend Area
General Plan. This policy provides that:
"An individual requesting a change shall demonstrate that the
change is warranted due to changed conditions, a mistake, or other
specific facts that demonstrate a public need and benefit for the
change."
The Applicant has further addressed the public need and benefit of the proposed PF zone
above under Section I(A) of this Burden of Proof Statement.
M. Conformance with Title 22 of the Deschutes County Code, the County Development
Procedures Ordinance
RESPONSE: The proposal will be reviewed in compliance with all applicable provisions
Public Facilities Zone/Text Amendment
May 30, 1996 Page 7
Bryant Lwhen ® Jarvis
ATICRNM AT UW
40 N.W. Greenwood ® P.O. Box 1151 ■ Bend, Oregon 97709-1151 ■ (541) 3824331 ■ Fax (541) 389-3386
for a legislative change, as outlined in Chapter 22.12 of Title 22. Pursuant to Section
22.12.020, published notice has been provided in the Bend Bulletin, a land use sign has
been posted on the property, and individual mailed notice has been provided to all
property owners of record within 500 feet of the Public Works Compound.
As allowed by Section 22.12.030, the proposed amendment has been initiated by the
Deschutes County Public Works Department acting as an individual making application to
the County Planning Division.
In accordance with Section 22.12.040, a public hearing before the Bend Urban Area
Planning Commission has already been held. The Planning Commission has recommended
that the Board of County Commissioners adopt the proposal as submitted. The Board of
County Commissioners will serve as the final decision making body on the proposed text
amendment. However, pursuant to the County/City Urban Area Management Agreement,
the City Council will also hold a public hearing on the proposal prior to hearing and
adoption by the Board of County Commissioners.
SUMMARY & CONCLUSION:
The Applicant believes that all policies and criteria applicable to the review of the proposed text
amendment have been adequately addressed to allow adoption of the proposed Public Facilities
Zone. The Applicant respectfully requests approval of the proposed text amendment and
adoption of an ordinance implementing the suggested General Plan Policies and the new Public
Facilities - PF Zone, as Chapter 19.70 of Title 19, the Bend Urban Area Zoning Ordinance. The
Applicant also requests that the Board approve the related Plan Amendment and Zone Change
proposed by the Applicant, addressed in a previous Burden of Proof Statement, and designate the
subject property with the new Public Facilities - PF Zone.
Respectfully Submitt this 3ft dqy of May, 1996
r
Dale Van Valkenburg,
DEV:dev
Public Facilities Zone/Text Amendment
May 30, 1996 Page 8
Bryant Lmbm ® Jarvis
AT7ptNE15 AT LYV
40 N.W. Greenwoo P.O. Box 1151 ■ Bend, Oregon 97709-1151 ■ (541) 382-4331 ■ Fax (541) 389-3386