45-628-Ordinance No. 83-24 Recorded 3/7/19831
va 45 PAH 620 8
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordin-
ance No. PL-11, Bend Urban
Growth Boundary Zoning Ordin-
ance, Rezoning Certain
Property From Urban Area
Reserve (UAR-10) Zone to
Highway Commercial (CH) Zone,
and Rezoning Certain Other
Property From Commercial
Highway (CH) Zone to Urban
Area Reserve (UAR-10) Zone,
and Declaring an Emergency.
lF - El D
MARY SUE PENdOLLOW, CO. CLERK
ORDINANCE NO. 83-024
WHEREAS, Backstrom, Ray and Bruckner proposed the rezoning of
certain property within the Bend Urban Area Growth Boundary from
Urban Area Reserve (UAR-10) Zone to Highway Commercial (CH) Zone,
and rezoning certain other property from Highway Commercial (CH)
Zone to Urban Area Reserve (UAR-10) Zone; and
and
WHEREAS, notice of hearing was given in accordance with law;
WHEREAS, the Hearings Officer held hearings on the proposed
zone changes on December 14, 1982; and
WHEREAS, the Hearings Officer recommended the proposed zone
changes; and
WHEREAS, the decision of the Hearings Officer has not been
appealed to the Deschutes County Planning Commission; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. To amend Ordinance No. PL-11, the Bend Urban
Area Growth Boundary Zoning Ordinance, to change the zoning from
Urban Area Reserve (UAR-10) Zone to Highway Commercial (CH) Zone
for the parcels of real property described as:
Tax Lots 901 and 1200 in Section 9, and Tax Lots 88,
89, 90, 92, 300, 302 and 400 in Section 9D, Township
17 South, Range 12, East of the Willamette Meridian,
Deschutes County, Oregon;
1 - ORDINANCE NO. 83-024
VOL 45 p~c-, 629
and depicted on the map marked Exhibit "A", attached hereto and by
this reference incorporated herein.
Section 2. To amend Ordinance No. PL-11, the Bend Urban Area
Growth Boundary Zoning Ordinance, to change the zoning from
Highway Commercial (CH) Zone to Urban Area Reserve (UAR-10) Zone
for the parcels of real property described as:
Tax Lots 87 and 93 in Section 9D, Township 17 South,
Range 12, East of the Willamette Meridian, Deschutes
County, Oregon;
and depicted on the map marked Exhibit "A", attached hereto and by
this reference incorporated herein.
Section 3. To adopt as the Board of County Commissioners'
findings and conclusions the Findings and. Decision of the Hearings
Officer dated December 21, 1982, relating to Zone Change Appli-
cation Z-82-12, marked Exhibit "B", attached hereto and by this
reference incorporated herein.
Section 4. This Ordinance being necessary for the immediate
preservation of public peace, health and safety, an emergency is
declared to exist, and this Ordinance takes effect on its passage.
DATED this day of 4 Qr- , 1983.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALBMT/A.
SUSAN STONEMAN
Recording Secretary U
, commissioner
.I 'TUTTLE, Commissioner
2 - ORDINANCE NO. 83-024
r
Vol 45 FACE 630
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VDL 45 PAGE 632
i HEARINGS OFFICER
DESCHUTES COUNTY COURTHOUSE ANNEX BEND, OREGON 97701
p TELEPHONE (503) 388.6626
FINDINGS AND DECISION
r
AMENDED - NUNC PRO TUNC co ~Y
FILE NO: Z-82-12
APPLICANT: Backstrom, Ray and Bruckner
REQUEST: An application for a zone change from
UAR-10, Urban Area reserve to CH, Highway
Commercial.
PLANNING STAFF
REPRESENTATIVE: Craig Smith
PLANNING STAFF
RECOMMENDATION: Approval
PUBLIC HEARING: The public hearing was held in room 106,
Deschutes County Courthouse Annex, Bend,
Oregon on Tuesday, December 14, 1982 at
7:00 P.M. An oral decision was rendered
at that time.
BURDEN OF PROOF: In order to receive approval of this t
request the applicant must-meet the `
criteria set forth in Section 33 of
PL-11, Bend Urban Growth Boundary Zoning
Ordinance.
T, TTTi17VaQ .
1. LOCATION:
The subject property is
northerly of Cooley Roa
901 and 1200 in Section
91, 92, 93, 94, 95, 96,
Section 9D, Township 17
located westerly of Highway 97,
d and is further described as Tax Lots
9, and Tax Lots 86, 87, 88, 89, 90,
97, 98, 99, 300, 301, 302, and 400 in
south, Range 12 east.
2. ZONE:
The parcel is located within CH, Highway Commercial and
UAR-10, Urban Area Resesrve.
Z-82-12 - BACKSTROM, RAY AND BRUCKNER - PAGE 1 EXHIBIT "B"
Vol 45 FAC•F-633
.1
3. COMPREHENSIVE PLAN DESIGNATION:
The subject property is designated as Highway Commercial and
Urban Area Reserve on the Comprehensive Plan map.
4. SITE DESCRIPTION:
The subject property has a varied topography and is covered
with a moderate cover of juniper trees and asagebrush.
CONCLUSIONS:
The applicant has addressed the criteria set forth in Section 33
of PL-11 of the Bend Urban Growth Boundary Zoning Ordinance.
The majority of this property was approved by the Hearings Officer
on March 9, 1982 after full hearings for a zone change, Z-81-22.
Subsequently it was discovered that the wrong legal description
for the subject property used, and that there was a mistake in the
drafting of the Comprehensive Plan in the area. However, the
previous public hearings adequately covered the area in question.
DECISION: APPROVAL, subject to the following conditions:
1. The property lying easterly of the frontage road shall be
changed to CH, Highway Commercial (Tax Lots 86, 88, 89, 90,
91, 92, 94, 95, 96, 97, 98, 99, 300, 301, 302 and 400).
2. The property lying westerly of the frontage road shall be
designated as UAR-10, Urban Area Resesrve (Tax Lots 87 and
93)•
3. Because of the confusion of which lots were changed in the
March, 1982 zone change application, Tax Lots 901, and 1200
in Section 9 shall be designated as CH, Highway Commercial.
4. The road right-of-way shall be dedicated to the public.
5. The frontage road shall be completed by the end of 1984.
6. To the extent possible, all separate Tax Lots shall be
consolidated into three parce'-.
Z-82-12 - BACKSTROM, RAY AND BRUCKNER - PAGE 2
.f
VOL 45 PAGE 634
DATED this a"~,l day of December, 1982.
This decision becomes final fifteen days after the date mailed
unless appealed to the Planning Commission by a party of interest.
Myer Avedove-c-1-
,HEARINGS OFFICER
MA:ch
cc: file
Planning Department
Planning Commission
Road Department
Carl Backstrom
George Ray
Allen Bruckner
Z-82-12 - BACKSTROM, RAY AND BRUCKNER - PAGE 3