42-35-Ordinance No. 82-019 Recorded 4/22/1982~i^)t
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 Pro-
perty from Residential-Urban
Standard Density (RS) Zone
to Commercial-Highway (CH)
Zone, and Declaring an
Emergency.
* F E
APR 22 1982
* SCH6TES ~
p p4TTERSON
* CHUTES
OLINTY CLERK
ORDINANCE NO. 82-019
WHEREAS, Robert Nosler and Nosler Bullets, Inc., have pro-
posed a rezoning of certain property from Residential-Urban
Standard Density (RS) Zone to Commercial-Highway (CH) Zone; and
WHEREAS, notice of hearing was given in accordance with law;
and
WHEREAS, the Hearings Officer held a hearing on the proposed
zone change on December 8, 1981; and
WHEREAS, the Hearings officer recommended that the property
be rezoned from Residential-Urban Standard Density (RS) Zone to
Commercial-Highway (CH) Zone by decision dated December 15, 1981;
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. That Ordinance No. PL-11, Bend Urban Growth
Boundary Zoning Ordinance is amended to change the zoning from
Residential-Urban Standard Density (RS) Zone to Commercial-Highway
(CH) Zone for the parcel of real property described as:
Tax Lot 1402, Section 8D, Township 18 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.
1 - ORDINANCE NO. 82-019
Section 2. To adopt as the Board of County Commissioners
Findings and Conclusions, the findings and decision of the
Hearings Officer dated December 15, 1981, relating to Zone Change
Application Z-81-25, marked Exhibit "B", attached hereto and by
this reference incorporated herein.
Section 3. This Ordinance being necessary for the immediate
preservation of public peace, health and safety, an emergency is
declared to exist, ark] this ordinance takes effect on its passage.
DATED this day of , 1982•
BOARD OF COUNTY COMM SIONERS
OF DESOHUTES CO]JN';Y OR ON
PARD,`Chairman
A. YOUNr/✓ComwffArsioner
PAULSON, JR.,, fftmissioner
ATTEST:
L 67ABETH C. UNG
Re ording Sec etary
2 - ORDINANCE NO. 82-019
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FILE NO:
Will. ? ~'vlr
HEARINGS OFFICER , le; 77-S-
DESCHUTES COUNTY COURTHOUSE ANNEX BEND, OREGON 97701
TELEPHONE (503) 388-6626 ti
DEC 1981
MAILED
FINDINGS AND DECISION DEai1Es
4014 y'µ
Z-81-25
380
APPLICANT: Robert Nosler - Nosler Bullets, Inc.
REQUEST: The applicant is requesting a zone change from
RS, Urban Standard Residential - 6,000 square
feet minimum to CH, Highway Commercial on a
parcel of land 1.11 acres in size.
PLANNING STAFF
REPRESENTATIVE: Bruce Knowlton
PLANNING STAFF
RECOMMENDATION: Approval
PUBLIC HEARING:
The public hearing was held in room 106, Deschutes
County Courthouse Annex, Bend, Oregon on Tuesday,
December 8, 1981 at 7:00 P.M. An oral decision was
rendered at that time.
BURDEN OF PROOF: In order to receive approval of this request the
applicant must meet the criteria set forth in
Section 33 of the Zoning Ordinance of the Bend
Urban Area of Deschutes County, Oregon.
FTNnTNC,S
1. LOCATION:
The subject property is located on the east side of Parrell Road
approximately 300 feet north of the intersection of Powers Road and
Parrell Road and is further described as Tax Lot 1402. The subject
site is the location of the existing Nosler Bullets, Inc. building.
2. ZONE:
The property is located in RS, Urban Standard Residential.
3. COMPREHENSIVE PLAN DESIGNATION:
CH, Highway Commercial.
4. SITE DESCRIPTION:
The subject property is 1.11 acres in size and is located within
the City of Bend Phase II sewer service Boundary. However, the
parcel is not currently connected to the City sewer system. The
subject site abuts Parrell Road which is classified as a collector
on the Roadway Network Plan. The parcel is currently provided with
water service from the City of Bend.
Z-81-25 - NOSLER BULLETS, INC. - PAGE 1 1- 4
Vitt
CONCLUSIONS:
The applicant has addressed the criteria set forth in Section 3~ of
the Deschutes County Zoning Ordinance as follows:
1. The application is in conformance with the Comprehensive Plan:
The subject site is designated as "Highway Commercial" on the Bend
Area General Plan Map. The proposed rezoning to "CH" (Highway Com-
mercial) is consistent with the Comprehensive Plan Map designation.
The Hearings Officer finds that the proposed request will not result
in an extension of strip commercial or be considered as a "new
strip commercial" and the structure is capable of being used for
commercial purposes already exist on the property. The subject
site is recognized on the Comprehensive Plan Map as ultimately being
used for commercial purposes.
2. That there is public need for a change of the kind in question.
3. That the need is best served by changing the classification of the
particular piece of property in question as compared with other
available property.
The applicant has inventoried parcels zoned for commercial purposes
on Parrell Road between Brosterhouse and and Rae Road. This is ap-
proximately the distance of one mile. There is an indication of
all but five parcels are currently being occupied by residential or
commercial uses. There are no vacant commercial building within the
inventoried area.
The applicant has established that there has been population
growth within the Bend Urban area and within Administrative School
District No.l. The applicant documented through his presentation
that there is a need at this time to expand his currently existing
business on the subject site. Thus the applicant need to have the
zoning on the subject parcel in conformance with the Comprehensive
Plan.
4. That there is proof of a change in circumstances or a mistake in the
original zoning.
The Hearings Officer finds that the Comprehensive Plan designated the
land Highway Commercial. The zoning shows Urban Standard Residential
Use, although an existing commercial structure has existed on the
parcel for over twenty years. The Hearings Officer finds that there
has been a mistake.
along a major or secondary street.
The Hearings Officer finds that this requestis consistent with the
Comprehensive Plan Map and applicable plan policies, particularly policies
I and IT on pages 37 and 38 of the Bend Area General Plan. The Hearings
Officer further finds comf-ormance with these policies in that the
structure is currently in existence and has been used for non-residential
purposes for approximately twenty (20) years. The proposal does not
constitute a extension of strip development or a new strip development
Z-81-25 - NOSLER BULLETS, INC. - PAGE 2
ZL 11
'2 PAGE 40
The Hearings Officer finds conformance with statements of intent 1, 3,
and 4 on page 39 of the Bend Area General Plan. The existing building
could provide for those types of uses described in the statement of
intent number #1. Also the location of the propose structure is such
that additional points of access onto Highway #97 south are not required.
In some respects, Parrell Road will serve as a frontage road for those
businesses which may locate in this area in the future.
DECISION: APPROVAL
DATED this -day of December, 1981.
This decision shall become final 15 days after the date mailed, unless
appealed to the Planning Commission by a party of interest.
Myer Avedovech f _
HEARINGS OFFICER
MA:ch
cc:Planning Commission
Planning Department
Robert Nosler
Z-81-25 - NOSLER BULLETS, INC. - PAGE 3
C ~~N~.,L•L~ d