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1997-10881-Ordinance No. 97-014 Recorded 3/27/1997_ REVIEWED to �J 9'7-" 08 1 '='13EL y x'1 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES55 COUNTY-��; &EGON An Ordinance Amending PL-20,the Deschutes County Comprehensive Plan, Changing the List of Permitted Uses in a Rural Service * A' Center Through an Exception to Statewide Land Use Planning Goal Fourteen (14) and Declaring * :' an Emergency. w ORDINANCE NO. 97-014 WHEREAS, by Ordinances 90-009 and 90-010 the Board of County Commissioners approved a plan amendment and zone change to create the Spring River Rural Service Center (Rural Service Center) and took an exception from Goal 14; and WHEREAS, the establishment of the Rural Service Center was subject to certain use restrictions to assure compliance with Goal 14, which restrictions were effected by use of as Limited Use Combining Zone; and WHEREAS, the approval for the Limited Use Combining Zone for the Rural Service Center set out a list of uses allowed within the Rural Service Center; and WHEREAS, the list of uses allowed in the Rural Service Center was amended through Ordinances 96-022, 96-023, 96-045 and 96-046 to include additional uses; and WHEREAS, Floyd Burks proposes to add thirteen additional uses to the list of uses currently allowed in the Rural Service Center; and WHEREAS, the addition of new uses to the Rural Service Center/Limited Use Combining Zone requires the adoption of a plan amendment and reasons exception from Goal 14; and WHEREAS, the Deschutes County Hearings Officer, after review conducted in accordance with applicable law, has approved the proposed Plan Amendment to PL -20, the Deschutes County Comprehensive Plan and has forwarded the approval as a recommendation; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ORDAINS as follows: 1 - Ordinance No. 97-014 KEMPUN- iEC' ✓. VED A R 21997 0156-2439 Section 1. AMENDMENT TO RURAL DEVELOPMENT CHAPTER. Policy number 55 of the Rural Service Center section of the Rural Development Section of the Deschutes County Comprehensive Plan, is amended to read as set forth in Exhibit A, attached hereto and by this reference incorporated herein with new text set forth underlined. Section 2. AMENDMENT TO EXCEPTION STATEMENT. The text of PL -20, as amended, is further amended to read as set forth in Exhibit B, attached hereto and by this reference incorporated herein with new text set forth in redline. Section 3. EXCEPTION TO GOAL 14. Adoption of this ordinance shall have the effect of taking an exception from Goal 14 for the purposes and reasons stated in the Hearings Officer's decision and in the text adopted by Section 2, above. Section 4. FINDINGS. This ordinance is supported by the decision of the Hearings Officer dated February 17, 1997 attached hereto as Exhibit C. Section 5. SEVERABILITY. The provisions of this ordinance are severable. If any, section, sentence, clause or phrase of this ordinance 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 6. 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 changes in numbering systems and to make such numbering changes consistent with interrelated code 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 7. 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. 2 - Ordinance No. 97-014 0156-2440 Section 8. 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 o2C0 day of G.A.C. , 1997. A. Rec r in cretary 3 - Ordinance No. 97-014 BOARD OF COUNTY COMMISSIONERS OF ROBERT L. NIPPER, Commissioner L. 9WEARINGEN, Commissioner Exhibit A to Ordinance 97-014 Policies: 0156-2441 55. To ensure that uses in the Spring River Rural Service Center will be limited to uses that will serve the residents of nearby subdivisions and not the needs of the public generally, the rural service center zoning shall be subject to a Limited Use Combining Zone, which shall have the effect of limiting the uses in the Spring River Rural Service Center to the following uses: (a) Fishing supplies and equipment (b) Snowmobiling accessories (c) Marine accessories (d) General store (e) Hardware store (f) Convenience store with gas pumps (g) Full service gas station with automobile repair services (h) Welding shop (i) Fast food restaurant, cafe or coffee shop 0) Recreational rental equipment store (k) Excavation business (1) Landscaping business/service (m) Health care service (n) Beauty shop (o) Mini -storage tpj Video store W Laundry & dry cleaners (r) Post office ts) Party supply W Equipment sales and rental (u) Appliance store D Bank Cw Exterminator Cx� Private mailing and packagingstore ty) Bakery (z� Pet & livestock supplies These use may be further defined in the County Zoning Ordinance. 0156-2442 Exhibit B to Ordinance 97-014 Spring River Rural Service Center A reasons exception was taken to Goal 14 to allow for the establishment of the Spring River Rural Service Center on residential -designated lands for which an exception had already been taken from Goals 3 and 4. The rural service center was approved because the Board of County Commissioners found that it would primarily serve the needs of the residents of nearby subdivisions, such as Deschutes Recreational Homesites. Findings to support the reasons exception to Goal 14 were made in paragraph 7 of the Board of County Commissioners' decision (attached to Ordinances 90-009 and 90-010) and those findings are incorporated by reference herein. Findings to support the reason exception accompanying Ordinance 96-022 were made on pages 12 - 18 of the Hearings Officer's findings supporting that decision and those findings are incorporated by reference herein. To ensure that uses in the rural service center would be limited in a manner to comply with Goal 14 exception, a limited use combining zone was imposed, by which the allowed uses were limited to a list of specific uses. Those uses are listed in the Rural Development Chapter of this Comprehensive Plan in conjunction with a description of the Spring River Rural Service Center and also the zoning ordinance. Additional uses were added to the Zone by Ordinances 96-022, 96-045 and 97-014. Findings to support the reasons exception accompanying Ordinance 96-045 were made on pages 12 - 18 of the Hearings Officer's findings supporting that decision and those findings are incorporated herein by reference. Findings to support the reasons exception accompaning Ordinance 97-014 were made on pages 6-11 of the Hearings Officer's findings supporting that decision and those findings are incorporated herein by reference. 6156-2443 jE-X 7 - DECISION OF DESCHUTES COUNTY HEARINGS OFFICER FILE NUMBER: PA -96-9 �„�'� �► '�' HEARING DATE: December 17, 1996E OBoMALED APPLICANT: Floyd Burks PO Box 5846 Bend, OR 97708 AGENT: Cliff Yunker REQUEST: An application for a Comprehensive Plan Amendment and Zoning Text Amendment to add 13 new commercial uses to the list of permitted uses in the Spring River Rural Service Center/Limited Use Combining Zone. STAFF CONTACT: James J. Lewis, Associate Planner APPLICABLE CRITERIA: A. Chapter 18.64 of Title 18 of the Deschutes County Code establishes uses and standards for the Rural Service Center (RSC) Zone B. Chapter 18.112 of Title 18 of the Deschutes County Code establishes uses and standards for Limited Use (T U) Combining Zones. C. The Deschutes County Comprehensive Plan establishes an overall planning and development framework fcr tha County. D. Title 22 of the Deschutes County Lode establishes procedures for reviewing all land use applications in the County. E. The relevant provisions of the Statewide Planning Goals, specifically Goal 2 with regard to "Exceptions" and Goal 14, Urbanization. FINDINGS: 1. LOCATION: The subject property is described as the Spring River Rural Service Center/Limited Use Combining Zone and is comprised of tax lot's 100, 103-120 in Township 20 South, Range 11 East, Section 07B. 2. ZONING: The subject properties are zoned Rural Service Center (RSC) and Limited Use Combining Zone (LU). The property is designated Rural Service Center on the Deschutes County Comprehensive Plan. The properties are also within the Landscape Management Combining Zone and the Wildlife Area Combining Zone. 3. SITE DESCRIPTION: The Spring River Rural Service Center/Limited Use Combining Zone (RSCILU) is comprised of 19 separate tax lots, each approximately one-half acre in size. The majority of these parcels have been partially or entirely cleared of vegetation in conjunction with existing or proposed development. The existing and proposed development within the RSCILU includes: an excavating business, retail thrift store, landscaping business and a multi-purpose commercial Page 1 (PA -96-9) 0156-2444 building which will house a welding business, a snowmobiling accessory store, a convenience store, restaurant and a recreational equipment rental store. This development pattern is consistent with the RSC/LU zoning. The RSC/LU is bounded by Spring River Road on the north, Azusa Road on the south, Lunar Drive on the east and residential lots on the west. The Deschutes River lies approximately 3 00 feet to the east. 4. SURROUNDING LAND USES: Land uses in the surrounding vicinity of the RSC/LU include primarily properties which are developed or proposed for development with single-family residential uses. North and east of the RSC/LU is Sunriver Resort, a planned community comprised of residential, commercial and recreational uses. Crosswater residential/golf community lies to the east and south, across the Deschutes River. Beyond the residential and resort developments are larger parcels which are zoned for forest uses. Much of the outlying area is within the Deschutes National Forest. The majority of the surrounding residential properties outside of the RSC/LU have retained the majority of native vegetation in conjunction with development. The primary roads providing access to the surrounding area are Spring River Road and South Century Drive. Local streets provide additional access in the surrounding community. Surrounding properties are zoned Rural Residential (RR - 10) and Flood Plain (FP) on riverfront properties. Sunriver Resort is zoned Planned Community (PC). 5. REQUEST: The applican, is r,questing a Co aprehensive Plan Amendment and Zone Text Amendment tc allow 13 new uses to be added to the list of permitted uses in the Spring River Rural Service Center/Limited Use Combining Zone. The list of proposed uses 1:; attached as Zxhibit A to the January 27, 1997, supplemental staff report. The applicant pared 0,o"rn Bir, initial list of 18 uses in response to staffs comments in the initial report and at the public hearing that some of the uses do not meet the approval criteria since they do not serve the rural residents of the area. Thus, the initial 18 uses proposed to be added now include only those 13 uses listed in Exhibit A. Eliminated from the list were: travel agency; sign shop; fabric shop; sport shop; and, cellular phone sales. In the burden of proof statement and materials submitted after the public hearing the applicant addressed all applicable criteria to support the request. The applicant has submitted an application form, burden of proof statement and supplemental materials in support of the application. The applicant also offered definitions for each of the proposed uses. The uses proposed by the applicant are permitted in the underlying RSC zone. However, as described below, the Spring River RSC was created as a Limited Use Combining Zone (LU). The LU zone places further restrictions on the types of uses that are permitted and requires each use to be specifically identified. Thus, not all uses permitted in the RSC are permitted in the Spring River RSC. 6. NOTICE: The Planning Division has sent out public notice to the owners of all property within the RSC/LU as well as surrounding property owners within 250 feet of the RSC/LU and affected agencies. Additionally, notice of this proposal was published in The Bulletin newspaper on November 8, 1996. No comments were received from surrounding property owners in response to the public notice, nor was there any opposition testimony offered at the public hearing or afterward. Page 2 (PA -96-9) 0156-2445 LOT OF RECORD: The parcels within the Spring River Rural Service Center/Limited Use Combining Zone were legally created through a legal subdivision, Deschutes River Recreation Homesites, Extension to Unit One. BACKGROUND/PREVIOUS LAND USE APPROVALS: Prior land use approvals which affect this decision include File 4PA-89-6/ZC-89-7, Ordinance 90- 009 and 90-010; File 4SR-95-1; File #PA-95-13/ZC-95-10, Ordinance 96-022 and 96-023; and, File PA-96-1/ZC-96-1, and Ordinance 96-045 and 96-046. The Plan Amendment and Zone Change referred to above in File #PA-89-6/ZC-89-7 (Ord. 90-009 and 90-010) resulted in the creation of the Rural Service Center/Limited Use Combining Zone for the subject properties identified above. The LU Zone for this site limits the specific uses which are allowed on the properties within the RSC/LU. The Zone Change was adopted by the Deschutes County Commissioners through Ordinance 90-010 on February 14, 1990. A discussion of the proposed use and how the LU Combining Zone applies is included in the following review. The Similar Use Ruling referred to above was a request to allow the landscaping business in the Spring River RSC/LU as a use which is similar to an excavation business. The Hearings Officer denied this request on the basis that the method for expanding the uses permitted in the RSC/LU is provided in Section 18.112.020 of the County Code. Subsequently, an application to add the proposed use was made and approved through the above referenced File #PA-95-13/ZC-95-10 (Ord. 96-022 and 96-023). As a result of the review and decision rendered in Ord's. 96-022 and 96-023, a zone change was found to be the inaprl- ]ari,^.te process for the applicant's proposal. A zone change connotes a change in the zoning map and zoning designation for an area of land. As part of the zone change review process, the applicant must demonstrate compliance with specific criteria contained in chapter 18.136.030 of the zoning ordinance. In this instance, the applicant is not intending to change the zoning map designation for the Rural Service Center/Limited Use Combining Zone. Rather, the intent is to change the text of the zoning ordinance to add the proposed uses to the list of uses already permitted in the RSC/LU. The zoning text amendment process does not necessitate the need for the applicant to prove compliance with the above referenced criteria. In the most recent Hearing's Officer decision for this same type of application (File 4PA-96-1/ZC-96-1, Ord's. 96-045 and 96-046), the Hearings Officer agreed with the past interpretation and concluded that these criteria were not applicable. Therefore, these criteria are not addressed as part of this review. However, the applicant must still show compliance and compatibility with the goals and policies contained in the Deschutes County Comprehensive Plan. Also, the applicant must demonstrate a need for the proposed uses in the area surrounding the RSC/LU. In addition to meeting the requirements for a Comprehensive Plan Amendment and Zone Text Amendment as required by Section 18.112.020, the proposal must also meet the relevant statewide planning goals, specifically Goal 2 (exceptions) as related to Goal 14 (urbanization). Oregon Administrative Rules (OAR) Chapter 660 04-018 (3)(b) states: "When a local government changes the types or intensities of uses within an exception area approved as a `Reasons' exception, a new `Reasons' Page 3 (PA -96-9) 6156-2446 exception is required." When the RSC/LU was created, the applicant at that time had specific uses in mind. It was the applicant's burden to prove that the proposed uses met the "Reasons" criteria for an exception to Goal 14. As was the case during the initial approval and subsequent approvals for similar requests, the applicant must meet the burden of proving that the proposed new uses (13 new retail and office commercial uses) meet the "Reasons" criteria for an exception to Goal 14. The process outlined above was the process which was followed for the most recent Plan/Text Amendment application which was approved through Ordinance's 96-045 and 96-046. This process is being adhered to for this application as well. 9. PROCEDURAL HISTORY: At the conclusion of the public hearing, the record was left open until January 20, 1997. Staff was given until January 27, 1997 to submit its supplemental report on the information to be submitted by the applicant after the hearing. The applicant was then given until February 7, 1997 to rebut the supplemental staff report. Within the applicable timeframes, the applicant and staff submitted additional material. CONCLUSIONARY FINDINGS: Conformance with Chapter 18.64, Rural Service Center (RSC) Zone. Section 18.64.010, Purpose. 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 reshtfi- ►ts, as well as limited tourist commercial services consistent with the maintenance of the rural character of the area. FINDINGS:: As stated previously, the Spring River Rural Service Center is also a Limited Use Combining Zone (File 4PA-89-6/ZC-89-7). The limited use combining zone approval included a list of permitted uses which applies to all properties included within the area designated as the Spring River Rural Service Center/Limited Use Combining Zone. The original LU approval and the uses included therein supersede the permitted and conditional uses which are listed in Sections 18.64.020 and 18.64.030, Rural Service Center (RSC) Zone of the county Zoning Ordinance. Subsequent to the original LU approval. two other applications resulted in the addition of two more uses being added to the list of permitted uses. All uses were then added to the RSC Chapter of the Zoning Ordinance as Section 18.64.120 through Ordinances 96-023 and 96-046. Therefore, the applicant's proposed uses for the Rural Service Center are subject to the list of uses approved for the LU Combining Zone and referenced in the above noted section of the Zoning Ordinance. A proposed use which is not included on the list of approved uses for the LU zone is not permitted unless a Comprehensive Plan amendment and Zone Text Amendment are approved. Upon these approvals, the 13 new uses proposed by the applicant The Bulletin can be added to the list of permitted uses for this LU Combining Zone. 2. Conformance with Section 18.112, Limited Use (LU) Combining Zone. Section 18.112.010, Purpose 1. The purpose of the LU Zone is to limit the list of permitted uses and Page 4 (PA -96-9) C'156-244 general activities allowed in the underlying zone, when a plan amendment and zone change rezones a parcel to that underlying zone through the taking of an exception to a statewide land use planning goal under ORS 197.732. 2. The LU Zone is an overlay zone which may be applied, where appropriate, to plan amendments/zone changes effected by either a "physically developed" exception under ORS 197.732(1)(b), or • a "reasons" exception under ORS 197.732(1)(c). Section 18.112.020, Combining Zone Requirements. When the LU Zone is applied, the uses permitted in the underlying zone shall be limited to those uses and general activities specifically set forth in the ordinance adopting the underlying zone and the LU Zone. Any change in those uses and general activities must be made through the planiland use regulation amendment process. FINDINGS: Not all uses permitted outright or conditionally in the RSC Zone (Section 18.64.020 and 18.64.030 of the County Code) are permitted in the Spring River Rural Service Center/Limited Use Combining Zone. The most recent ordinances (Ord.'s 96-045 and 96-046) adopting a change to the Spring River RSC/LU includes a list of 13 uses which were found to be appropriate to serve the specific needs of the property owners of the surrounding residential area , ather than the needs of tourists. Throughout all of the review and approval processes associated with the Spring River RSC/LU, the proposed uses were identified sp(r T,;ally by the applicants. Additionally, the most recent decisions concerning proposed amendments and textual changes went as far as to define or describe the services offered and/or components of each use. Uses which went beyond servicing the needs of the rural i :s .+ents of the sure oundin-r xea (i.e. motel, RV park) were not approved as part of the Plan Amendment/Zone Text Amendments. The uses permitted either outright or condittunaily are as follows: a. fishing supplies and equipment, b. snowmobiling accessories; C. marine accessories, d. general store, e. hardware store, f. convenience store with gas pumps; g. full service gas station with automobile repair services; h. welding shop; i. fast food restaurant, cafe, or coffee shop; j. recreational equipment rental store, k. excavation business. j. landscaping business/service 1. health care service The uses proposed by the applicant (Exhibit A) are not included on the approved list. However, other than a mini -storage facility which is a conditional use, the remaining uses would be permitted outright in the underlying Rural Service Center Zone under the general definition of "retail store, office, service establishment" if the Limited Use Combining Zone were not in place. In a past Findings and Decision of the Deschutes County Hearings Officer, it was stated that there is a specific and exclusive method for adding a new use to a list of permitted Page 5 (PA -96-9) 0156-2448 uses in this Limited Use Combining Zone. Such method is identified in Section 18.112.020 of the County Zoning Ordinance as: "[a]ny change in those uses and general activities must be made through the plan/land use regulation amendment process." As interpreted, this has resulted in an application for a Comprehensive Plan Amendment and Zone Text Amendment. As is described above, the criteria found in Chapter 18.136 of Title 18, Amendments, are not applicable. However, the applicable goals and policies of the Comprehensive Plan are addressed in Conclusionary Findings, part 4, below. Additionally, as required by OAR 660 04-018 (3)(b), the exceptions criteria to the Statewide Planning Goals are addressed in Conclusionary Findings, part 3, below. In the most recent decision concerning a Plan Amendment/Zoning Text Amendment for the Spring River RSC/LU the Hearings Officer discussed her concerns about whether or not continued amendments would have the effect of nullifying the LU Zone and creating a de facto RSC with no LU overlay. The Hearings Officer concluded that the concern was unfounded since some of the uses permitted in the underlying RSC Zone could not be allowed in the Spring River RSC/LU under the "reasons exception" criteria. Uses permitted in the underlying RSC Zone include "tourists or travelers accommodations." These uses are not intended to serve the rural residents of the area. Thus, since there is no specific language which limits the number of uses that can be included in a LU Zone or language which limits the number of requests to add new uses, this application can be approved if all applicable criteria are met. 3. Statewide Planning Goals - Exceptions. Goal 2, Land Use Planning, provides a method for excepting land area and proposed uses for such land. from the 9pplic°,:tb1e '71--Ade Planning Goals. The applicant is proposing to demonstrate that the uses listed in Exhibit A meet the criteria established in Oregon's Statewide Planning Goals and Guidelines, 1995 edition, Goal 2: Land Use Planaru Part 1.1 LxcLpt1,1ws (c) (also OAR 660 04-020, 2, a-d) claiming that there are reasons why the proposed uses and the area where they are to be located should be excepted from Statewide Planning Goal 14. However, the proposal must continue to meet all other applicable Statewide Planning Goals. Upon acknowledgment of the County's Comprehensive Plan in 1979, the subject area was excepted from the farm and forest zones (Goal 3 and Goal 4) and was deemed to be committed to residential development. Since the time this area was originally excepted, the area has become even more committed to non-resource uses. No resource uses are found in this area and a number of commercial uses have already been built and are operating in the defined RSC/LU area. The Wildlife Area Combining Zone and the Landscape Management Combining Zone which apply to this area were adopted to implement the intent and purpose of Goal 5, Open Spaces, Scenic and Historic Areas, and Natural Resources. All development in the Spring River area is reviewed according to the standards of these combining zones. Any future development in the Spring River area, including those proposed by the applicant, will comply with Goal 5 by meeting the criteria for these combining zones. Goal 11 requires a timely, orderiv and efficient arrangement of public facilities and services to serve as a framework for development. Existing development is served by private wells and individual septic systems. Individual wells and septic systems have proven adequate to serve the existing uses. Electric and telephone service is also available to the area. Fire protection is provided by the La Pine Rural Fire Protection District and law enforcement is provided by the Deschutes County Page 6 (PA-96-9) 0156-2449 Sheriffs Department. Road access is provided by Lunar Drive, Azusa Road and Spring River Road. On the County Roadway Network Plan Lunar Drive and Azusa Road are designated as local streets and Spring River Road is designated a collector. All roadways are paved. All services currently available in this area will be adequate to serve the proposed uses. The applicant's proposal to locate the proposed uses in the Spring River area will not have any adverse impacts that are contrary to the intent of Goal 12 which -is, "[t]o provide and encourage a safe, convenient and economic transportation system." As is stated in the previous paragraph, the Spring River area is served by roads of adequate capacity to serve the existing and proposed uses. Based on the information submitted by the applicant, this proposal will allow the uses to be located within the general area that they serve. Outside of Sunriver, the nearest commercial areas where such uses could possibly be located is in Bend, 17 miles to the north, or in La Pine/Wickiup Junction, 16 miles to the south. OAR 660 04-020 (2) contains the four standards (a -d) required to be addressed when taking an exception to a Goal. In this case, the applicant is required to provide reasons why the proposed businesses should be excepted from Statewide Planning Goal 14 according to these four standards. In addressing these standards as they relate to the proposed uses, the Hearings Officer acknowledges that an approval for an exception to Goal 14 was taken for a list of 11 uses in 1990 and for two additional uses in 1996. The applicant's proposed uses must result in similar findings as the initial and subsequent exceptiuti pi ocesses for this area in order to be approved. The four standards and subsequent findings are as follows: a. Reasons justify why the state policy embodied in the applicable goals should not apply. FINDINGS: The purpose of Goal 14 is to provide for an orderly and efficient transition from rural to urban land use. The Spring River area and much of the outlying area was divided into small parcels (less than one acre in size) prior to adoption of the Statewide Planning Goals, the County Comprehensive Plan and the County Zoning Ordinance. Thus, this rural area (outside of a defined urban growth boundary) has development potential which rivals some urban areas. The residents of this area need the type of services that are typically only provided in urban areas. Other than in Bend and La Pine which are both approximately 17 +/- miles from the Spring River area, the only other area which provides for such services is the Sunriver Resort/Planned Community. The applicant's proposal does not necessarily include a transition from rural to urban land uses. The existing RSC/LU already provides urban type uses that serve the rural residents. Rather, this proposal, the addition of 13 businesses to a list of already permitted uses, is an intensification of the already existing land use pattern. Based on these findings, the Hearings Officer concludes that the Spring River RSC/LU has already made "the orderly and efficient transition from rural to urban land use" required by Goal 14. Nevertheless, the applicant must justify the proposal according to this criterion. Bend and La Pine are a considerable distance from the Spring River area, which makes obtaining commercial services from these urban areas inconvenient, impractical and uneconomical for residents of Spring River. However, the commercial areas of Sunriver are much closer and can accommodate many of the uses proposed by the applicant. Although Sunriver provides areas for commercial services, the majority of the services are oriented toward the resort nature of this community and not toward the particular needs of Page 7 (PA -96-9) 0156=2450 the residents of the Spring River area. The industrial district in the Planned Community Zone does not specifically identify or permit the applicant's proposed businesses. The businesses could possibly be allowed as conditional uses in the PC -I zone, but only after a determination is made that they are consistent with the Sunriver Master Plan and is incompatible for the existing commercial area and will not conflict with the permitted uses in the PC -I zone. In past applications such as this, the applicants submitted information which provided a comparison of costs associated with siting the businesses in Sunriver versus the Spring River RSC/LU. The information concluded that the same businesses located in Sunriver would cost the owners more than twice as much per month in rent and maintenance fees. The information submitted in support of the current application contains similar information as related to the proposed uses. By its very nature, a Rural Service Center needs to be located near the population which it is to serve. The applicant has stated that many of the residents of the surrounding area are elderly/retired and it is not economically or physically feasible to travel to Bend or La Pine on a daily basis for the services the proposed businesses offer. The applicant has also stated that the businesses in Sunriver are oriented toward the transient/resort population and offer little support for the population outside of the planned community. The information submitted by the applicant identifies two main reasons why he believes that the uses could not adequately serve the residents of the Spring River Community if sited in the Sunriver Planned Community. These are: 1. The socio-economic difference bemeen the residents of the Spring River community and the residents of Sunriver; and, 2. The cost of providing and obtaining the good:, and services associated with these uses in Sunriver versus the Spring, River RSC/I.I.T. The applicant has stated that there are socio-economic differences between the residents of Sunriver and the Spring River area. A reference is made as to the affluence of the residents of Sunriver versus the typically less affluent residents of the surrounding Spring River Area. The applicant appears to be basing his statement on the observations he has made of the homes, property values, amenities and general lifestyle differences between the residents of the two areas. While no hard data (i.e. property assessments, income records, etc.) has been submitted to prove this assertion, the Hearings Officer finds that the data submitted to support the second reason listed above partially proves this assertion. It is largely undisputed that, typically, higher property values indicates a higher income of the property owner. The applicant has translated this into an increased ability to afford goods and services that are higher priced. There is no doubt that property values within the boundaries of Sunriver are higher than those in the outlying community. The applicant has provided a cost comparison for both the purchase and lease of property in the Spring River RSC/LU and in the commercial areas of Sunriver. Additionally, the applicant has provided information which translates these costs into the costs associated with providing commercial services to the community. The purchaseilease information reveals that in order to obtain a piece of commercial property, the costs within Sunriver are roughly twice as much as those in the Spring River RSC/LU. Information submitted for two previous Plan Amendment applications in 1996 revealed this same information. The applicant has further broken down the costs of purchasing commercial property and building a commercial building into a square foot Page 8 (PA -96-9) 0156-2451 rental cost necessary to obtain an average profit. This value also reveals that renting commercial space in Sunriver is roughly twice as much as in the Spring River RSC/LU. A third component, which was briefly identified by the applicant, is a statement regarding the sentiment of the residents of the Spring River and Sunriver communities toward each other. The applicant has indicated that it is an unspoken fact that these two groups of people do not want to associate with one another. In addition, it has been staffs personal experience from working with the residents of the area on various projects that the two groups do not generally rely on businesses or services that are thought to be in each others communities. It was also Staff s understanding that this undocumented sentiment was also part of the reason to site a new library in the Sunriver Business Park rather than in the commercial/residential core of Sunriver or in the outlying Spring River area. The business park is thought to be the unofficial dividing line between the two communities. The thought behind the library site was that residents of both communities, while not wanting to obtain services from each others community, will generally utilize the businesses and services available in the business park. While there is no written record or documentation to confirm the applicant's theory, the record supports a finding that the applicant's assertion is true to a certain degree. (It is important to note that the Sunriver Business Park is zoned Planned Community -Industrial District (PC -1) and that the proposed commercial businesses could only be located there after approval of a conditional use permit. Thus, it is not an absolute certainty that the proposed businesses could be sited in the business park.) Based on the analysis provided above, the hearings Officer finds that the combination of socio-economic differences and the differences in the cost of land/leased space typically makes goods and services provided in Sunriver less affordable to the residents of the Spring River community. Thus, the uses proposcd ,:y fhe applicant, if only allowed within Sunriver, would not serve the residents of the Spring River community. Thus, in order to make these uses and services truly available to the residents of the Spring River area, the uses must be located outside of Sunrivei. The applca:.t l:as met the burden of proving that the uses should be added to those already permitted in the Spring River RSC/LU. b. Areas which do not require a new exception cannot reasonably accommodate the use. FINDINGS: Other than in the location proposed, the businesses could possibly be located in the Bend urban area, in the La Pine Rural Service Center or in the Sunriver Planned Community. None of these areas would require a new exception. Siting the business in either Bend or La Pine would be impractical and could not be reasonably accommodated. However, Sunriver may have the ability to reasonably accommodate the proposed uses. The Bend urban area and the La Pine Rural Service Center are both located approximately 16 to 17 miles from the Spring River area. It would not be economically feasible for a business to provide services to the residents of the Spring River area from either of these locations. By definition, a Rural Service Center is intended to provide services to the rural residents of the area. Certainly the 5,000 residential lots within a 5 mile area surrounding the Spring River RSC could be considered the area which the Spring River RSC serves. This area cannot be expected to be adequately served from either the Bend or La Pine area. Conversely, the residents of Bend and La Pine should not be obtaining services from the Spring River RSC. Unlike Bend and La Pine, Sunriver is located only a few miles from the Spring River RSC/LU. Thus, the transportation costs and obstacles are much different. The Sunriver Planned Community has designated commercial areas and an industrial/business park. Page 9 (PA -96-9) 6156`2452 Manv uses permitted by the Sunriver Master Plan and the Deschutes County Zoning Ordinance within the planned community are based on the resort nature of Sunriver and are intended to serve the needs of the transient public and not always the specific needs of the rural residents. The majority of the businesses proposed by the applicant are permitted outright in the commercial district of Sunriver and may possibly be permitted as conditional uses in the industrial district but only after first receiving a determination that the use is consistent with the Sunriver Master Plan and the permitted uses in the industrial district. Additionally, any commercial use must also first go through the Site Plan Review process. Thus, while it is possible that the proposed businesses could be accommodated in Sunriver, it is not a certainty. Based upon the findings under criteria a above, the Hearings Officer concludes that Bend, La Pine and Sunriver could not reasonably accommodate the proposed uses and adequately serve the rural residents of the Spring River area. C. The long-term environmental, economic, social and energy consequences resulting from the use of 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. FINDINGS: Unlike much of the surrounding residential area, the existing Spring River Rural Service Center/Limited Use Combining Zone has access to a collector street. Direct access to a collector street is important lit that traffic associated with the commercial uses will be kept out of the residential areas thereby limiting potential conflicts. Potential conflicts resulting from traffic are also T. r -in,*, •- - J ' the location of the RSC on the outer fringe of the residential area that it is to serve. if the businesses were proposed on other potential sites requiring an exception, the uses would have a more significant impact resulting from traffic than in the profosed The Spring River RSC lies approximately 2,000 feet south of the runway of the Sunriver airport. Planes taking off and landing cause disruption in the area. Generally, commercial businesses are less affected by this occurrence than are residential developments. Properties to the north (across Spring River Road) and east (across Lunar Drive) are zoned FP - Flood Plain. Potential development in these areas is limited because of the flood plain designation. Because of the limited development potential, conflicts between uses in these areas and the businesses proposed by the applicant for the RSC/LU are minimized. By virtue of the existing commercial uses in the RSC/LU and uses on surrounding properties, there are few other sites as isolated from conflicting neighboring uses (residential) as is the existing site of the Spring River RSC/LU. Consequently, since the Spring River RSC/LU is located close to the population that it is intended to serve, the long term environmental, economic, social and energy consequences of locating the proposed businesses in the RSC/LU would be not be significantly more adverse than siting those same uses in Bend, La Pine or Sunriver and would most likely be less adverse. d. The proposed uses are compatible with other adjacent uses or will be so rendered through measures designed to reduce adverse impacts. FINDINGS: Under the approval of the RSC/LU in 1990, some of the 19 lots within the rural service center have been developed with commercial uses. The proposed businesses would, in all likelihood, have impacts which are similar in scale to those of the existing and Page 10 (PA -96-9) ,a 6`;2 45 `;245 permitted uses (i.e. convenience store, gas station, restaurant) and would be compatible with all permitted uses. An example of compatibility is provided by reviewing Chapter 19.48 of the Bend Urban Growth Boundary Zoning Ordinance regarding the Convenience Commercial (CC) Zone. The uses permitted outright in the CC Zone include many of the uses which are currently permitted in the Spring River RSC/LU and many uses which proposed as part of this application. As is customary, the uses which are permitted within a zone are considered'to be compatible based on the types and projected level of impacts from each. Properties adjacent to the rural service center on the south and west are zoned RR -10, Rural Residential and designated Rural Residential Exception Area on the Deschutes County Comprehensive Plan. The lots in this area consist of a mixture of vacant and developed lots. Also, some residential lots in this area are developed with pre-existing commercial uses. The activity associated with the proposed businesses is sporadic. Thus, there is no peak period of activity in which all associated impacts are heightened. Traffic, noise, dust and other typical impacts of commercial development would be spread throughout the day at lower levels and result in less impacts to adjoining residential uses. The north and east boundaries of the rural service center are defined by Spring River Road and Lunar Drive. Across both Spring River Road and Lunar Drive are parcels which lie below the base flood elevation and are therefore zoned FP, Flood Plain. The FP zoning designation severely restricts the development potential of these properties, thus reducing potential conflicts. Also, Spring liver Road is identified as a landscape management corridor in Deschutes County. Development of property within the RSC with the proposed businesses would be requi, -d elect the standards established for the Landscape Management Combining :Cone. Contbrmance with such standards would reduce any potential for adverse visual impacts. For the above reasons, the proposed ! �ses/h,, :y.ne-,ses will have no more impact on the surrounding land uses than the commercial uses already permitted in the RSC/LU. 4. Conformance with the Deschutes County Comprehensive Plan Goals and Policies. A. Rural Development Goals: 1. To preserve and enhance the open spaces, rural character, scenic values and natural resources of the County. 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. Policies: Rural Service Centers: Page 11 (PA -96-9) CN. .�5 `' 54 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, Whistle Stop, 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. 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. FINDINGS: The applicant has submitted information which addresses and asserts that the proposal is consistent with the goals and policies listed above. The Hearings Officer finds as follows: The Spring River area is not and has never been designated as open space. The area is within the Landscape '.Management %Combining Zone and future development of the proposed use would be subject to the landscape management requirements. In meeting the landscape management crae,ia, i:he ,-oposal would be consistent in preserving the scenic values of the area The area is within the Wildlife Area Combining Zone and future development of the proposed use would be subject to the WA Combining Zone requirements. In meeting the WA criteria, the proposal would preserve the natural resource (wildlife) values of the area. Other than wildlife habitat, the area is not known to have any other natural resource values. Approval of the applicant's request will not require the expansion of or any additional public facilities or services. Individual septic systems and private wells which adequately serve other uses in the nearby area will be adequate to serve the proposed businesses. The Spring River area is within the La Pine Rural Fire Protection District, the Bend/La Pine School District and law enforcement is provided by the Deschutes County Sheriffs Department. Additionally, electric and telephone service is available to serve the area. Thus, the addition of the proposed uses to the list of permitted uses will not result in the need to expand any service boundaries. There are approximately 5,000 residential lots within 5 miles of the Spring River Area (outside of Sunriver). Many of these residential lots have already been developed and many will have homes constructed on them in the future. The large number of existing and future residents in this area have a direct need for commercial services. Additionally, in policy #13 listed above, the Comprehensive Plan states that other sites (rural service centers) may be approved in the Spring River area as dictated by the needs of existing rural residents. It is apparent that that when this language was included in the Comprehensive Plan, the idea of limiting the types of uses permitted to a select few was Page 12 (PA -96-9) 6156'2455 not contemplated. However, because a Statewide Planning Goal Exception was required in the actual creation of this Rural Service Center, it was also required that the uses be limited to those which were justified as part of the exception [see ORS 660 04-018(3)(a)]. The applicant has demonstrated compatibility with the above noted goals and policies of the Comprehensive Plan as they relate to the intensification of uses allowed in the Spring River Rural Service Center. These uses will not necessitate any additional facilities or services, nor will they necessitate the expansion of the Rural Service Center boundary. Future development of these uses must comply with the existing zoning regulations listed above as well as the applicable standards for Site Plan Review contained in Section 18.124 of the County Zoning Ordinance. Thus, the applicant's proposal meets these Goals and Policies of the Comprehensive Plan. B. Transportation Goal: 2. To serve the existing, proposed and future land uses with an efficient, safe, attractive roadway network plan. FINDINGS: The existing County Roadway Network Plan classifies Spring River Road as a collector street. Collector streets are designed to accommodate generally higher volumes of traffic in a safe, efficient manner. Any access to Spring River Road (or any County roadway) from an adjacent property first requires an access permit from the Deschutes County Public Works Department. Through the access permitting process, as well as the Site Plan Review prorrss, vehicular tiaific generated by the land uses adjacent to Spring River Road can be regulated to fiin.tio�- h_�th safely and efficiently. By meeting this requirement, the proposed uses will contribute to meeting the intent of this goal. C. Public Facilities Policies: 1. Public facilities and services shall be provided at levels and in areas appropriate for such uses based upon the carrying capacity of the land, air and water, as well as the important distinction that must be made between urban and rural services. In this way, public services may guide development while remaining in concert with the public's needs. 2. While clear distinctions are not always possible between urban and rural services, those facilities such as sewage treatment plants, water systems, schools and fire stations, which are necessary to serve concentrations of people shall be known as key facilities and shall be located in urban areas or in Rural Service Centers, if necessary, to meet the needs of existing rural residents. Key facilities shall be built to encourage urban, rather than increased rural, residential development. Rural services such as sheriffs patrol, snowplowing, schools and school busing shall be kept at levels adequate to meet public needs but not in excess to encourage additional development. Rural Service Centers are a logical location for future rural key facilities so that services may be used and constructed in as efficient a manner as possible (see Rural Development chapter). Page 13 (PA -96-9) 0156-°2456 Key facilities outside urban areas or Rural Service Centers shall ' be discouraged unless the facility is needed to serve existing development, is at the most efficient and economic location and is consistent with capabilities of the land and planned growth of a the County. FINDINGS: As is stated in Conclusionary Finding, part 4 (A), above, the proposal will not result in the need for the expansion of existing public facilities or services or any new public facilities or services. Additionally, the applicant's proposal will not cause a reduction in the level of service of such facilities to surrounding properties. All existing services and methods of providing such services are available and adequate to serve the proposed uses. DEFINITIONS: In the most recent Hearings Officer's decision for a Plan Amendment/Text Amendment to the Spring River Rural Service Center, the Hearings Officer stated the following: "[i]n order to provide clarity for future uses within the zone, the uses to be added shall be defined so as to assure they are consistent with the "reasons" exception taken to create the Spring River RSC/LU and the purpose of the LU Zone, and compatible with other uses permitted in that zone and to the surrounding zones." Definitions for each use are necessary in this case. Exhibit A, which contains a list of the 13 proposed uses, also sets forth the corresponding definitions developed by the applicant. The definition for use 91.2 was per !.riffs discussion in its supplemental staff report. DECISION: The application for a Comprehensive Plan Amendment and Zoning Text Amendment to add the following 13 new commercial uses, as defined, to the list of permitted uses in the Spring River Rural Service Center/Limited Use Combining Zone is APPROVED: Beauty Shop. A full service beauty salon which would include haircuts, permanents, washes, nails, etc. and the retail sales of incidental beauty supplies typical of any salon. 2. Mini-Storaize Units. Self service mini -storage units of various sizes from 5' x 10' up to 12' x 24'. 3. Video Store. The sale and rental of videos, compact disc movies and audio books. 4. Laundry& Dry Cleaners. Dry cleaners, shirt laundry and Laundromat with self- service washers and dryers along with the sale of detergents, bleaches, etc. Post Office. United States n, stal Service office including mail pickup and distribution. 6. Party Supply. The sale and rental of party supplies such as balloons, streamers, Page 14 (PA -96-9) I 0156-2457 costumes, dishes, linens and silverware. 7. Equipment Sales & Rental. The rental of construction, home repair and maintenance equipment such as ladders, mowers, saws, gardening supplies, etc. and the sale of related supplies. 8. Appliance Store. The sale and service of household appliances such as televisions, ranges, refrigerators, etc. 9. Bank. Full service consumer bank for checking, savings , loans, safety deposit boxes, etc. 10. Exterminators. Exterminator of insects and other pests such as rodents, spiders, etc. 11. Private Mailing and Packaging Store. Private mail boxes and packaging services, which would include the holding and distribution of mail, packaging, mailing supplies, FEDEX and UPS pickup and fax and copy machine availability. 12. Bakery. The manufacture and sale of bread, donuts and pastries. 13. Pet & Livestock Supplies. The sale of pet supplies such as dog and cat food, collars, shelters, grooming needs and snrn- large animal supplies such as hay, feeds, and grains. Dated: February 17, 1997. Christopfuk C. Eck, Hearings Officer Mailed: February J_, 1997. THIS DECISION BECOMES FINAL TEN DAYS AFTER MAILING UNLESS TIMELY APPEALED. Page 15 (PA -96-9)