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1997-42968-Ordinance No. 97-080 Recorded 11/13/1997_ 0-1 REVIEWED AS TO FORM A. �' �0."�':~ REVIEWED CODE- REVIrVJ COMM. 97-42965 ,-L COIJNSEL 9T'., `� 9 3 P14 3: 55 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES'ItOUN,TY,� REQ N� ^9 r, , 1C_E,t An Ordinance Amending Ordinance No. 80-216, the Bend Area General Plan, and Declaring an Emergency. ORDINANCE NO. 97-080 WHEREAS, Brooks Resources Corporation applied for a plan amendment and zone change on certain properties within the Bend Urban Growth Boundary; and WHEREAS, a hearing was held, after notice given in accordance with law, before the County Hearings Officer; and WHEREAS, the Hearings Officer approved the proposed plan amendment to redesignate certain properties; and WHEREAS, the decision of the Hearings Officer has not been appealed; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. The Bend Area General Plan is amended to redesignate the property described as Parcels 2, 3, 4, 5, 7 and 8 on the attached Exhibit "A," attached hereto and incorporated herein, and as generally depicted on the attached Exhibit `B," attached hereto and incorporated herein, from Park to Limited Commercial. Section 2. AMENDMENT. The Bend Area General Plan is amended to redesignate the property described as Parcel 6 on the attached Exhibit "C," attached hereto and incorporated herein, and as generally depicted on the attached Exhibit `B," attached hereto and incorporated herein, from Limited Commercial to Urban Standard Density Residential. Section 3. FINDINGS. The Board of County Commissioners adopts as its decision and findings in support of the above -referenced plan amendments the Decision of Deschutes County Hearings Officer, dated September 23, 1997 relating to plan amendment application No. PA -97-6, marked Exhibit "D," attached hereto and incorporated herein. KEYPJdjVCHED NOV�1g5a Page 1 of 2 - ORDINANCE NO. 97-080 (11/12/97) MED 997 0163=1021 Section 4. 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 this12L,!�­day of U , 1997. ATTEST: �ing Secretary Page 2 of 2 - ORDINANCE NO. 97-080 (11/12/97) PACIFIC 155 N.E. Revere Bend, Oregon 97701 MRS Legal Description Parcel 2 All that property being a portion of the northwest quarter of the southwest quarter of Section 6, Township 18 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, described as follows: 102197kr.leg Beginning at a point on the east line of said northwest quarter of the southwest quarter that bears North 00°04'05" West, 35.29 feet from the southwest 1/16th corner of said Section 6; thence along said east line, North 00°04'05" West, 434.39 feet to a point on a non -tangent 370.00 foot radius curve to the left; thence leaving said east line and along said curve through a central angle of 34°4)'11", an arc length of 224.21 feet (the chord of which bears South 58038'47" West, 220.79 feet) to the beginning of a reverse 530.00 foot radius curve to the right; thence along said curve through a central angle of 12053'28", an arc length of 119.25 feet (the chord of which bears South 47°43'55" West, 119.00 feet) to the southerly line of that parcel described by deed in Volume 342, Page 219 of Deschutes County Deed Records, and shown on that Right -of -Way Survey by David Evans and Associates on file with the Deschutes County Surveyor as CS 11553; thence along the arc of a non -tangent 544.51 foot radius curve to the right, through a central angle of 08°45'24", an arc length of 83.22 feet (the chord of which bears South 58°25'49" East, 83.14 feet); thence South 54°03'07" East, 100.06 feet to the beginning of tangent 460.00 foot radius curve to the right; thence along said curve through a central angle of 23018'l 2", an arc length of 187.09 feet (the chord of which bears South 42°24'01" East, 185.80 feet) to the Point of Beginning. REGI T� ER D PROF E'JS(ONAL LANd SU1 r�`rGt� M JAN1937 KENSHER RENEWAL DATE: 97 Exhibit A - Page -_ of _a Ordinance 9l- 0212 (541) 388-4255 Fax (541) 388-4229 Planning • Engineering • Surveying • Landscape Architecture PACIFIC 155 N.E. Revere Bend, Oregon 97701 MRS LEGAL DESCRIPTION PARCEL 3 } 1 u '"" C23 All that property being a portion of Government Lot 6, Section 6, Township 18 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, described as follows: Commencing at the southwest corner of said Section 6; thence along the west line of said Section 6, North 00030137" East, 500.00 feet; thence leaving said west line, South 89°42'44" East, 1259.42 feet to the North-South one -sixteenth (1/16) line; thence along said 1/16th line, North 00°04'05" West 853.07 feet to the beginning of a non -tangent 460.00 foot radius curve to the left; thence along said curve through a central angle of 23°18'12", an arc length of 187.09 feet (the chord of which bears North 42°24'01" West, 185.80 feet); thence North 54°03'07" West, 100.06 feet to the beginning of a tangent 544.10 foot radius curve to the left; thence along said curve through a central angle of 03°44'05", an arc length of 35.49 feet (the chord of which bears North 55'55'10" West, 35.49 feet) to the True Point Of Beginning; thence South 64°56'26" West, 159.91 feet to the southeasterly right-of-way of Brooks Access No. 2 and a point on a non - tangent 480.00 foot radius curve to the right; thence along said right-of-way and along said curve through a central angle of 16°32'39", an are length of 138.60' (the chord of which bears North 48°39'55" East, 138.12 feet) to a point on a non -tangent 544.10 foot radius curve to the right; thence leaving said right-of-way and along said curve through a central angle of 04°59'15", an arc length of 47.40 feet (the chord of which bears South 60°16'50" East, 47.38 feet) to the Point Of Beginning. 1326840 I \k f10213. LEG F GISTERED FESSIONAL SURVEYOR] OREGON JANUARY 21, 1997 KENNETH A. FISHER 2802 RENEWAL DATE: 97 Exhibit Page X of Ordinance T7-080 (541) 388-4255 Fax (541) 388-4229 Planning - Engineering - Surveying - Landscape Architecture PACIFIC 155 N.E. Revere" 4+?t rT4 Bend, Oregon 97701 MRS Legal Description Parcel 4 All that property being a portion of the northwest quarter of the southwest quarter of Section 6, Township 18 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, described as follows: Commencing at the southwest 1/1 6th corner of said Section 6; thence along the east line of said northwest quarter of the southwest quarter, North 00°04'05" West, 35.44 feet to the beginning of a non -tangent 460.00 foot radius curve to the left; thence along said curve through a central angle of 23°01'00", an arc length of 184.79 feet (the chord of which bears North 42" 1525" West, 183.55 feet) to the True Point of Beginning; thence continuing along the same 460.00 foot radius curve through a central angle of 00° 17' 12 an arc length of 2.30 feet (the chord of which bears North 53°54'31" West, 2.30 feet); thence North 54°03'07" West, 100.06 feet to the beginning of a tangent 544.51 foot radius curve to the left; thence along said curve through a central angle of 03°44'05", an arc length of 35.49 feet (the chord of which bears North 55°55'10" West, 35.49 feet); thence South 64°56'26" West, 159.91 feet to the beginning of a non -tangent 480.00 foot radius curve to the left; thence along said curve through a central angle of 20'12'23", an arc length of 169.28 feet (the chord of which bears South 30°17'23" West, 168.40 feet); thence South 20'1 F 12" West, 21.99 feet to the northeasterly right-of-way of Mt. Washington Drive; thence along said northeasterly right-of-way, South 64°56'26" East, 11.28 feet; thence leaving said right-of-way, North 64°56'26" East, 374.77 feet to the Point of Beginning. 102197kflcg REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JANUARY 21.. 1997 KENNETH A. F1SHI`R 2802 A RENEWAL DATE: L 1 � Exhibit /� Page 3 of _ 0 Ordinance 17-0180 (541) 388-4255 Fax (541) 388-4229 Planning • Engineering • Surveying • Landscape Architecture PACIFIC 155 N.E. Revere Bend, Oregon 97701 MRS LEGAL DESCRIPTION PARCEL 5 1-t j All that property being a portion of Government Lots 6 and 7, Section 6, Township 18 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, described as follows: Commencing at the southwest corner of said Section 6; thence along the west line of said Section 6, North 00°30'37" East, 500.00 feet; thence leaving said west line, South 89°42'44" East, 1259.42 feet to the North-South one -sixteenth (1/1 6th) line; thence along said 1/1 6th line, North 00°04'05" West, 604.94 feet to the northeasterly right-of-way of Mt. Washington Drive and the True Point Of Beginning; thence along said right-of-way, North 64°04'07" West, 515.08 feet; thence leaving said right-of-way, North 64°56'26" East, 374.77 feet to a point on a non -tangent 460.00 foot radius curve to the right; thence along said curve through a central angle of 23°01'00", an arc length of 184.70 feet (the chord of which bears South 42°15'25" East, 183.55 feet) to said 1/16th line; thence along said 1/16th line, South 00°04'05" East, 248.13 feet to the Point Of Beginning. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JANUARY 21. 1997 KENNETH A. FISHER 2802 RENEWAL DATE: 1-1/" 13268401 \k fl 0215. leg Exhibit Page _- -- Of -�- ordinance Al -P-9-0— (541) 388-4255 Fax (541) 388-4229 Planning - Engineering - Surveying - Landscape Architecture PACIFIC 155 N.E. Revere Bend, Oregon 97701 MRS Legal Description Parcel 7 All that property being a portion of the northwest quarter of the southwest quarter of Section 6, Township 18 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, described as follows: Beginning at a point on the east line of said northwest quarter of the southwest quarter from which the southwest 1/1 6th corner of said Section 6 bears South 00°04'05" East, 531.29 feet (said point lies on the southerly line of that parcel described by deed in Volume 435, Page 0901 of Deschutes County Official Records); thence along said southerly line, South 77003'55" West, 6.88 feet to the beginning of a tangent 430.00 foot radius curve to the left; thence along said curve through a central angle of 35°46'44", an arc length of 268.52 feet (the chord of which bears South 59°10'33" West, 264.18 feet) to the beginning of a reverse 470.00 foot radius curve to the right; thence along said curve through a central angle of 14°11'39", an arc length of 116.44 feet (the chord of which bears South 48°23'00" West, 116.14 feet) to the beginning of a reverse 540.00 foot radius curve to the left; thence along said curve through a central angle of 02°38'54", an arc length of 24.96 feet (the chord of which bears South 54009'23" West, 24.96 feet) to the southerly line of that parcel described by deed in Volume 342, Page 219 of Deschutes County Deed Records, and shown on that Right -of -Way Survey by David Evans and Associates on file with the Deschutes County Surveyor as CS 11553; thence along said southerly line and along the arc of a non -tangent 544.51 foot radius curve to the right, through a central angle of 07°21'31", an arc length of 69.93 feet (the chord of which bears South 66'29'16" East, 69.88 feet) to the beginning of a non -tangent 530.00 foot radius curve to the left; thence leaving said southerly line and along said curve through a central angle of 12°53'28", an arc length of 119.25 feet (the chord of which bears North 47°43'55" East, 119.00 feet) to the beginning of a reverse 370.00 foot radius curve to the right; thence along said curve through a central angle of 34'43'11", an arc length of 224.21 feet (the chord of which bears North 58°38'47" East, 220.79 feet) to said east line of the northwest quarter of the southwest quarter; thence along said east line, North 00°04'05" West, 61.61 feet to the Point of Beginning. Exhibit / t Page — -- of _T Ordinance REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JANUARY 21. 1997 KENNETH A. FISHER 2eo2 RENEWAL DATE-7-77;7-- (541) ATE: -Z (541) 388-4255 Fax (541) 388-4229 Planning • Engineering • Surveying • Landscape Architecture PACIFIC 155 N.E. Revere Bend, Oregon 97701 MRS LEGAL DESCRIPTION PARCEL 8 All that property being a portion of the northwest quarter of the southwest quarter of Section 6, Township 15 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, described as follows: That parcel named "Brooks Access No. 2 — Parcel RT' on that deed on file with the Deschutes County Recorder in Volume 269, Page 0889 of Official Records. KF 10213. LEG Exhibit A Page _ (a of Ordinance 97 -01Q REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JANUARY 21, 1997 KENNETH A. FISHER RENEWAL DATE: 7 (541) 388-4255 Fax (541) 388-4229 Planning • Engineering • Surveying • Landscape Architecture PACIFIC 01 03-i02 155 N.E. Revere Bend, Oregon 97701 MRS Legal Description Parcel 6 All that property being a portion of the southeast quarter of the southwest quarter of Section 6, Township 18 South, Range 12 East, Willamette Meridian, Deshutes County, Oregon, described as follows: Beginning at the intersection of the southwesterly right-of-way of Mt. Washington Drive and the northwesterly right-of-way of Mountaineer Way as shown on that exhibit that accompanies that deed on file with the Deschutes County Recorder in Volume 347 at Page 2113; thence along said northwesterly right-of-way, South 25°48'08" West, 159.75 feet; thence South 31 '1 I' 11 " West, 182.66 feet to the beginning of a tangent 270.00 foot radius curve to the right; thence along said curve through a central angle of 11'40'52", an arc length of 55.05 feet (the chord of which bears South 37°01'38" West, 54.95 feet) to a point on a line that lies parallel with and 500.00 feet northerly of the south line of said Section 6; thence leaving said right-of-way and along said line, North 89°42'44" West, 154.50 feet to the west line of said southeast quarter of the southwest quarter; thence along said west line, North 00°04'05" West, 515.93 feet to said southwesterly right-of- way of Mt. Washington Drive, thence along said right-of-way, South 64°04'07" East, 340.19 feet to the beginning of a tangent 1060.00 foot radius curve to the right; thence along said curve through a central angle of 02°49'22", an arc length of 52.22 feet (the cliord of which bears South 62°39'26" East, 52.22 feet) to the Point of Beginning. PROFESSIONAL LAND SURVEY0, OREGON JANUARY 21, 1997 KENNETH A. FISHER WAL DATE: /-Z187 102197kf.leg Exhibit C Page of 1 Ordinance 1 (541) 388-4255 Fax (541) 388-4229 Planning • Engineering • Surveying 9 Landscape Architecture DECISION OF DESCHUTES COUNTY HEARINGS OFFICER FILE NUMBERS: PA -97-6; ZC-97-3 21-2 2.3,:,4 HEARING DATE: September 16, 1997 /^ °� \SEP 1997N APPLICANT: Brooks Resources Corporation A � 296 SW Columbia Avenue I`� o Bend, Oregon 97702comw AGENT: Leslee Bangs << .t,� ��691 1, PO Box 1525 a Sisters, Oregon 97759 REQUEST: Applications for a Plan Map Amendment to amend the Bend Area General Plan Designation on 5.31 acres from Park to Limited Commercial and on 2.77 acres from Limited Commercial to Urban Standard Residential, and a Zone Change on 48.31 acres from Urban Standard Residential to Limited Commercial. STAFF CONTACT: Paul Blikstad, Associate Planner I. APPLICABLE CRITERIA: A. Chapters 19.12 and 19.44 of Title 19 of the Deschutes County Code establishes uses and standards for the RS, Urban Standard Residential and CL, Limited Commercial zones, respectively. B. Chapter 19.116 of Title 19 establishes standards and criteria for zone change requests. C. The Bend Area General Plan establishes an overall planning and development framework for the Bend urban area, including criteria for plan amendments, and goals and policies. D. Oregon Administrative Rules 660-12-060 establishes criteria for plan amendments relating to transportation facilities. E. Title 22 of the Deschutes County Code establishes procedures for all land use applications in the county; Chapter 22.20, Review of Land Use Action Applications; Chapter 22.24, Land Use Action Hearings; Chapter 22.28, Land Use Action Decisions. H. FINDINGS OF FACT: LOCATION: The subject property is located on the west side of the Bend urban area adjacent to the intersection of Century Drive and Mt. Washington Drive and near Moutaineer Way. The property is identified on County Assessor's map 18- 12-6, as tax lots 102, 400 and 900. Page 1 (PA-97-6/ZC-97-3) Exhibit Page of 1Q Ordinance .97-0190 al _=LIU6 2. ZONING: The subject property is currently zoned RS, Urban Standard Density Residential. Tax lot 102 is currently designated Limited Commercial on approximately 45.77 acres (in addition to 1.78 acres not included in the proposed changes) and Park on approximately 2.14 acres; those portions of tax lots 2, 400 and 900 located north of Mt. Washington Drive and west of the sixteenth line are designated Park by the Bend Area General Plan. 3. SITE DESCRIPTION: (See applicant's description of the subject property on page three of the burden of proof statement.) 4. PROPOSAL: As indicated above, the applicant is requesting plan amendments and zone changes for the subject property. These proposed changes can be described as follows: Amend the Plan designation on those portions of tax lots 102, 400 and 900 north of Mt. Washington Drive, west of the sixteenth section line and south of the northern right of way line of a proposed "future roadway" from Park to Limited Commercial, for a total of approximately 4.33 acres, or 5.31 acres if the "proposed" road is included. Amend the Plan designation on that portion of tax lot 102 south of Mt. Washington Drive and west of Mountaineer Way from Limited Commercial to Urban Standard Residential. Rezone those portions of tax lots 102, 400 and 900 north of Mt. Washington Drive listed above from RS, Standard Density Residential to CL, Limited Commercial. The applicant is proposing no plan change or zone change for that portion of tax lot 102 east of Mountaineer Way at this time. This portion of tax lot 102 is designated limited commercial and zoned standard residential. The applicant has described the surrounding land uses on pages 34 of the burden of proof statement. Staff added that in the surrounding area are residential uses including the Broken Top planned unit development and the West Ridge subdivision, as well as the Bend Athletic Club and the Mt. Bachelor Village development. 6. The Planning Division sent notice of the proposed land use applications to several public agencies and received the responses set forth in the Staff Report. 7. The applicant submitted a burden of proof statement addressing the relevant substantive criteria along with a map showing the proposed plan and zone changes. S. The plan amendment and zone change applications were accepted as complete on August 14, 1997. According to Section 22.20.040 (D) of Title 22 of the County Code, the plan amendment application is not subject to the 120 -day limit for review. The record was closed at the conclusion of the hearing. Page 2 (PA-97-6/ZC-97-3) Q-1 Sv---1031 III. CONCLUSIONS OF LAW: The following language is taken from page 69 of the Bend Area General Plan for plan amendments: "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." FINDING: The applicant has requested a Plan Amendment to include the area described as that portion of tax lots 102, 400 and 900 north of Mt. Washington Drive, west of the sixteenth section line in the southwest quarter of section 6 in Township 18 South, Range 12 East, and south of the north right of way line of a proposed road on the property that is to tie in with Mt. Washington Drive. The applicant is proposing to amend the plan for this area from a Park designation to a Limited Commercial designation. The applicant has addressed the above criteria on pages 6-16 of the burden of proof statement for the plan amendment. I agree that the change is warranted due to changed conditions, namely, the existence of Mt. Washington Drive which has isolated this land from the park land to the south. In addition, a recent zone change on land adjacent to the west to SM, Surface Mine, limits the use of the subject property for residential purposes. There was testimony from the director of the Bend Metro Parks and Recreation District that it has a tentative agreement with the applicant to purchase the 2.77 - acre portion of tax lot 102 west of Mountaineer Way within the next two to three years. However, the agreement is contingent upon funding. While I agree with Staff that a Park designation would be logical, given the tenuous nature of the acquisition agreement I find insufficient evidence to warrant changing the designation to Park. The applicant's proposal to re -designate to RS from CL is an appropriate offset to the loss of RS property discussed above and the corresponding addition of CL zoned property. Under the Residential Areas, general policies section: All residential areas shall be provided for safe, healthful, convenient urban development. with services and facilities necessary living consistent with the density of FINDING: The proposed change to residential for that portion of tax lot 102 south of Mt. Washington Drive will allow development close to a school, park, places of employment, as well as the commercial area that will be developed on the subject property. These amenities provide for healthful and convenient urban living. 7. Residential developments shall be permitted only in areas with community water and sewer services and their locations should have good access to major streets and be near commercial services and/or public open space. FINDING: Community sewer and water services are available to the subject property. Two major streets, Century Drive and Mt. Washington Drive, will serve Page 3 (PA-97-6/ZC-97-3) the proposed development. With the rezoning to commercial on the acreage north of Mt. Washington Drive, the distance to residential areas will be short and convenient for local residents. Walking and biking to the commercial center will be possible. Under the Residential Policies section of the Plan the following would apply.- 6. pply:6. All residential areas shall be provided with community water and sewer service. FINDING: The proposed RS zone would require sewer and water connections to the City of Bend's systems. 8. New developments in existing residential areas shall respect the character and quality of the areas in which they locate. FINDING: Any future development of the 2.77 -acre residential area will be reviewed for its impact on the character and quality of the existing area. Under the Commercial Areas - Statements of Intent of the Plan, the following would apply: 1. Strip commercial developments shown on the Plan along highways shall not be extended. 2. No new strip commercial development shall be permitted along major or secondary streets.. 6. Care should be taken to control the size of these centers so that excessive zoning does not require the addition of other kinds of uses which would generate traffic from well beyond the service area. 9. Care should be taken to control the size of any other new commercial developments that may be required as growth occurs. Sites should not be oversized to a point where additional uses, which would generate trafficfrom outside the intended service area, are necessary to make the development an economic success. FINDING: As stated by the applicant, it is the opinion of the City, as well as the County, that because the subject property has been designated on the Plan as Limited Commercial since the plan was adopted, the proposed rezoning does not constitute new strip commercial. The minor change in the amount of commercially zoned land, adding 4.3 acres and taking out 2.77 acres, makes the proposed changes reasonable. The change from a park designation to commercial on land that is not suitable for park development and is separated from the rest of the Park District's property by Mt. Washington Drive, is logical. Under the Parks section of the Plan the following are applicable: 2. Park and recreation development is a vital part of the future livability of the area, and efforts shall be made to keep these facilities abreast of growth. 3. Park sites should be acquired well in advance of need so that they can be reserved for community use before the cost of acquisition becomes Page 4 (PA-97-6/ZC-97-3 ) prohibitive. 4. Parks should be located within walking distance of every dwelling unit in the community. Parks should be centrally located and easily accessible to the areas they are intended to serve. FINDING: The Parks District is a party to these applications as it is a property owner (tax lot 9400). The District is in agreement with the change from a Park designation to Commercial. This land is separated from the Skyliners ballfields complex by Mt. Washington Drive and the parcel configurations on the north side of Mt. Washington are awkward. By possibly obtaining other land the District can implement the Park plan more easily. Staff recommended redesignating the 2.77 acres from limited commercial to a park designation believing that a park designation would make this 2.77 acres consistent with the desired goal of the Parks District and would help replace the 5.31 acres to be deleted from a park designation. Both applicants testified to this consistency but felt it premature and therefore inappropriate to burden this portion with a park designation. I agree that the park designation is premature under the circumstances. When, and if, the acquisition agreement becomes firm, the land could be re -zoned. 2. Section 19.116.030 establishes the following zone change criteria: 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. FINDING: There is only one zone change requested under this zone change application. The request is to change from Urban Standard Residential (RS) to Limited Commercial (CL) that portion of tax lots 102, 400 and 900 north of Mt. Washington Drive and south of the north right-of-way line of the proposed future roadway. The existing 2.77 -acre portion of tax lot 102 south of Mt. Washinaton Drive and west of Mountaineer Way is already zoned Urban Standard Residential. The proposed zoning of the 43 -acre portion of tax lot 102 is consistent with the existing Plan designation of Limited Commercial. The addition of approximately 4.3 acres of commercial is also consistent with the Plan, as addressed in the foregoing findings and the applicant's burden of proof. By having the property surrounded by three roads, Century Drive, Mt. Washington Drive and the proposed future roadway on the north side of tax lot 102, an orderly sequence of growth can occur. The commercial area will be separated from residential and other uses by a logical barrier - roads. Currently the area north and west of the proposed commercial zone is zoned SM, Surface Mining. This area will one day be reclaimed and may be converted to a park or other recreational use. A park would be a reasonable use next to a commercial development. Page 5 (PA-97-6/ZC-97-3 ) 0� 0 110 B. That the change will not interfere with existing development, development potential or value of other land in the vicinity of the proposed action. FINDING: The proposed zone change to commercial is consistent with the plan as stated in foregoing findings. The existing development in the area includes the Cascade Middle School facility, Skyliners ballfield complex, the now -closed County demolition landfill, a surface mining operation, the Mt. Bachelor Village development, which includes the Bend Athletic Club, as well as the West Ridge and Broken Top residential developments. The school site and the ballfield complex will not change in the foreseeable future. The surface mining site will not significantly change until the resource is fully extracted and reclamation is completed. The demolition landfill will be reclaimed and potentially used for open space or park uses. The Broken Top development will continue to be built out, in accordance with the approved master plan. Additional phases will be platted and dwelling units constructed within the Broken Top boundaries. A few lots remain undeveloped within the West Ridge development. The proposed commercial zoning should not interfere with this development potential. The commercial designation for most of tax lot 102 has been in place for many years. The addition of approximately 4.3 acres of commercial land (5.31 minus the .98 acre of proposed right-of=way) will be closer to the Broken Top development. However, this should not affect the value of land within the Broken Top project. The residential areas of Broken Top, with the exception of the proposed multi -unit development currently referred to as Mountain Shadows at Broken Top, would not have the commercial area within view. A few of the lots within the West Ridge subdivision would have the commercial area in view. The applicant has correctly stated on page 26 of the burden of proof that the proposed zone change will cause traffic to be generated in this area. These impacts will be required to be mitigated either through improvements to the existing transportation system or systems development charges or both. Forty- three acres of the proposed zone change has already been designated for commercial development in the Plan. it was envisioned that this area would have commercial development. The road network, which included Century Drive and Mt. Washington Drive, would have the capacity to handle the traffic if improved. The net increase of approximately 1.6 acres of commercial will not significantly change what was originally envisioned for a transportation system in this area. A traffic study will be required for any development of this land during the site plan review process. The site plan review process can determine what mitigation measures are necessary for impacts created by proposed development at the site. I find this criterion is met. C. That the change in classification for the subject property is consistent with the purpose and intent of the proposed zone classification. FINDING: The purpose of the CL zone is listed under the Plan and Title 19 as follows: "This zone is intended to establish locations for the development of commercial centers to provide for the shopping and service requirements for large sections of the community and to recognize existing uses both in centers and as parts of commercial strips." Page 6 (PA-97-6/ZC-97-3) 0163-10135 Forty-three acres of this land has previously been designated limited commercial in the Bend Area General Plan. It was determined to be an appropriate location for a commercial center on the west side of Bend. Adding a total of 1.6 acres is also consistent with the zone and the intent to have a commercial center. The proposed commercial zone will be surrounded on all sides by public roads, which can serve the site. Traffic mitigation will likely be required at the time of development. I find that the proposal is consistent with the purpose and intent of the CL zone. 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. FINDING: The public services and facilities for development of the subject property are already available. Sewer and water service have been in place in this area for several years. Fire protection is available from the Bend Fire Department through the rural fire district, until such time as the property is annexed into the City. Police protection is available from the County Sheriff until such time as it is annexed into the City. Century Drive and Mt. Washington Drive abut the project and are improved. Other roads in the area are improved. Some upgrade of the surrounding roads is likely through the development of the property. I find that the proposed zone change will result in the orderly and efficient extension of public facilities and services and that this criterion is met. E. That there is proof of a change of circumstance or a mistake in the original zoning. FINDING: The applicant has listed (pages 28-29 of the burden of proof statement) what it believes to be the change of circumstances since the original zoning was established. Staff concurred with the applicant's proposed findings. As discussed above, sewer is now available, Mt. Washington Drive has been improved and Century Drive has been widened. There has also been new development in the area. The Broken Top project has had over 400 lots platted and there are 866 dwelling units proposed within its boundaries. There have been other developments on the west side of Bend, along with the overall growth of the community, which have made this zone change more feasible. The increase of tourism and traffic in Bend, specifically to Mt. Bachelor and the other recreational amenities on Century Drive, has made the commercial development of this property more likely. I find that the proposed zone change to limited commercial is warranted due to the change of circumstances and is consistent with the Bend Area General Plan. Conformance with OAR 660-12-060 (1) Amendments to functional plans, acknowledged comprehensive plans, and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity and level of service of the facility. This shall be accomplished by either: (a) Limiting allowed land uses to be consistent with the planned function, capacity and level of service of the transportation facility; Page 7 (PA-97-6/ZC-97-3 ) (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. FINDING: The proposed plan amendment to change the Plan designation on 4.3 net acres from park to commercial will be consistent with the Plan as outlined in foregoing findings; the net result is 1.6 additional acres of commercial land. Both Century Drive and Mt. Washington Drive are designated arterials on the Bend Area Transportation Plan Map. Their function is to carry a majority of the traffic on this southwest portion of Bend. The impacts to these roads will be addressed at the time of site plan review for any commercial development. In addition, systems development charges will be included with any commercial development of the site. Limiting allowed land uses or altering land use designations or densities is not necessary in order to approve the plan change and zone change. (2) A plan or land use regulation amendment significantly affects a transportation facility if it: (a) Changes the functional classification of an existing or planned transportation facility; FINDING: The proposed zone change to commercial will not change the functional classification of either Century Drive or Mt. Washington Drive, which will remain as arterial streets on the Bend transportation plan. These two streets will carry a significant amount of traffic and are two of the primary roads on the west side of Bend. Forty three of the proposed 47.3 acres of commercial land was already designated for commercial development on the Plan. (b) Changes standards implementing a functional classification system; FINDING: The proposed plan change for 4.3 net acres (excluding .98 acres for the future roadway) will not change the standards for the classification system. These two roads, Century Drive and Mt. Washington Drive, will continue to function as arterials and carry most of the traffic for this portion of Bend. The road improvement standards for these streets will be determined when a development proposal is submitted. (c) Allows types or levels of land uses which would result in levels of travel or access which are inconsistent with the functional classification of a transportation facility; or (d) Would reduce the level of service of the facility below the minimum acceptable level identified in the TSP. FINDING: The Limited Commercial zone lists the following as permitted uses: Ambulance service, antique shop, appliance sales and repair, art galleries, libraries and reading rooms, artist supplies and picture framing, auto parts sales, automobile sales, bakery, beauty shop, bank or other financial institution, barber shop, book or Page 8 (PA-97-6/ZC-97-3 ) WLA e 1Q, �1 00 _Lvo stationery store, clothing store or tailor shop, clothes cleaning pick-up agency, laundry or dry cleaning or self-service laundry, confectionery or delicatessen, dairy products sales, drug store, dry good store, millinery shop or dress shop, florist shop, food store, health food store, frozen food locker, furniture store, home furnishing store, garden supply store, gift shop, notion or variety store, hardware store or paint store, hobby shop, toy store, jewelry store, leather goods and luggage, musical instruments, medical and dental clinic and office, motel or hotel, business or professional office, pet shop, photographic supplies and studio, printer, radio and television sales and service, radio and television broadcasting studios and facilities, restaurant, bar and cocktail lounge, shoe store, shoe repair shop, service station, upholstery shop, technical and business schools, day care center facilities, business terminal. These types of uses do not all generate large volumes of traffic. Some of the uses, such as food (grocery) stores or a service station, would generate more traffic than others. Any development in the limited commercial zone will require a traffic impact analysis, which would help the agencies (city, county, & state) to determine what improvements need to be made to adjacent streets. The rezoning to commercial for most of tax lot 102 and the addition of a net increase of approximately 1.6 acres of commercial land will not reduce the level of service for Mt. Washington Drive and Century Drive below a minimum acceptable level for arterials. These roads are intended to carry large volumes of traffic as arterials. Road improvements necessary for these two roads will be determined at the time of site plan review. (3) Determinations under subsections coordinated with affected transportation facility and service governments. (1) and (2) of this section shall be providers and other affected local (4) The presence of a transportation facility or improvement shall not be a basis for an exception to allow residential, commercial, institutional or industrial development on rural lands under this division or OAR 660-04-022 and 028. FINDING: The City of Bend, ODOT and the County Road Department have all commented on the proposed applications. Review of the impacts on the adjacent transportation facilities for any development of this property will occur at the time of site plan submittal. Pre -application meetings with all three agencies will be required prior to any land use application submittal to ensure that the land use application is complete, including a detailed traffic impact analysis. The applicant is not proposing an exception for residential development on rural land based on the presence of a transportation facility or improvement. IV. DECISION The applicant has met the burden necessary for the proposed plan changes on 5.31 acres from Park to Limited Commercial and on 2.77 -acres from Limited Commercial to RS, Urban Standard Residential, and for re -zoning of the 48.31 acres from RS, Urban Standard Residential to CL, Limited Commercial. The applications are APPROVED. In order to draft the required implementing ordinances to effect the proposed changes, the Page 9 (PA-97-6/ZC-97-3 ) applicant shall: 1. Submit legal descriptions for the plan amendment/zone changes and 2. Provide the necessary map(s) for the above changes to the Planning Division. Dated: September 19, 1997 Chrigo her C. Eck, Hearings Officer - Mailed: 1997. THIS DECISION BECOMES FINAL TEN DAYS AFTER MAILING, UNLESS TIMELY APPEALED. Page 10 (PA-97-6/ZC-97-; ) Uk