41-559-Ordinance No. 82-009 Recorded 2/24/19826
VOL !'!Gt a
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordi-
nance No. PL-11, Bend Urban
Growth Boundary Zoning Ordi-
F '
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nance, Rezoning Certain
Property from Urban Standard
*
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Residential Zone - RS Zone to
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Urban Medium Residential
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RO
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Zone - RM Zone and
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DESCHUT S
TTERSON
Declaring an Emergency.
C
OUNTY CLERK
Ordinance No. 82-009
WHEREAS, Edwin Austing proposed the rezoning of certain
property within the Bend Urban Area Growth Boundary from Urban
Standard Residential Zone - RS Zone to Urban Medium Residential Zone
- RM Zone; and
law; and
WHEREAS, notice of hearing was given in accordance with
WHEREAS, the Hearings Officer held a hearing on the
proposed zone change on April 14, 1981, and continued the hearing
until September 8, 1981; and
WHEREAS, the Hearings Officer recommended that the property
be rezoned from Urban Standard Residential Zone - RS Zone to Urban
Medium Residential Zone - RM Zone by decision dated September 21,
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. To amend Ordinance No. PL-11, Bend Urban Area
Growth Boundary Zoning Ordinance, to change the zoning from Urban
Standard Residential Zone - RS Zone to Urban Medium Residential Zone
- RM Zone for the parcel of real property described as:
Tax Lot 1000, Section 8B, Township 18 South,
Range 12 East, Willamette Meridian, Deschutes
County, Oregon, and depicted on the map
marked Exhibit "A", attached hereto and by
this reference incorporated herein.
Section 2. To adopt as the Board of County Commissioners'
findings and conclusions, the findings and decisions of the Hearings
Officer dated September 21, 1981, relating to Zone Change Application
Number Z-81-6, marked Exhibit "B", attached hereto and by this
Ordinance No. 82-009, Page 1
• VOL
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, and this ordinance takes effect on
its passage.
DATED this the 1'7 day of , 1982.
BOARD OF COUNTY COMMIS IO ERS
OF DE CH TES COUNTY, ON!
CLAY _ PARD, Cha i r n
A. YOUNG,/Commisgoaner
ROBERT C. PAULSON, JR.,Commissioner
ATTEST:
SUSAN STONEMAN
Recording Secretary
Ordinance No. 82-009, Page 2
Exhibit "A"
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• HEARINGS OFFICER 1961 DESCHUTESCOUNTYCOURTHOUSEANNEX BEND,0REGON97701 1civ, TELEPHONE (503)388.6626 '
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FINDINGS AND DECISION
FILE NO: Z-81-6
APPLICANT: Edwin Austing
REQUEST: A zone change application for a 4 acre parcel on Hayes
Avenue currently zoned RS to be changed to RM.
PLANNING STAFF
REPRESENTATIVE : Richard Knoll
PLANNING STAFF
RECOMMENDATION: Approval
PUBLIC HEARING: The public hearing was held in room 106, Deschutes County
Courthouse Annex, Bend, Oregon on Tuesday, April 14, 1981
and then continued through the following months until the
8th of September at which time the Hearings Officer issued
an oral decision.
BURDEN OF PROOF: In order to approve the above request the applicant must
meet the criteria set forth in Section 15 of PL-11 of the
Bend area general Plan. In addition Section 6.000 of County
Procedural Ordinance PL-9 must be met.
FINDINGS:
1. LOCATION:
The subject property is located south of Hayes Avenue about 800 feet east of Blakely
Road, and is further described as Tax Lot 1000, Township 18 south, Range 12 east,
Section 8B.
2. ZONE:
The subject property is located within an RS zone.
3. COMPREHENSIVE PLAN DESIGNATION:
Urban Residential.
4. SITE DESCRIPTION:
The subject property is approximately 4 acres in size and is basically a flat parcel
of land. There appears to have been some cultivation in the past. There is a partial
cover of ponderosa pine and juniper around the western and southern perimeters. The
soils are primarily Class III soils according to the SCS soil survey.
Z-81-6 - EDWIN AUSTING - PAGE 1
CONCLUSIONS:
The applicant has addressed the required section of PL-11 and Section 6.000 of PL-9
through his statement of Burden of Proof, dated August 10, 1981 and cover letter dated
August 6, 1981. This Burden of Proof has more than adequately covered the background
information in conjuction with the Bend Area General Plan, Economic and Population part
II, and the amount of multi-family units and single family units to accomplished by
the year 2000.
The applicant has also established that the subject property can be justified in terms
of the "Best site" criteria because of the designation of this land on the plan map is
multi-family. The city of Bend, and Deschtues County through their legislative powers
has found that this site should be zoned multi-family at some point in the next twenty
years. The applicant has adequately established that the timing is appropriate to'
begin this process at this time.
TIMING:
1. Within the IUGB, vacant lands passed over by development shall be encouraged to
develop prior to other lands within the boundary.
2. Growth in the Bend Area shall be managed through the cooperative efforts of the
City of Bend and Deschutes County, and shall be in accordance with the plans, timing
phasing and financing of public 'facilities and services.
3. Future urban developemtn shall be contained within the geographic limits of the IUGB.
4. All parties shall work toward the most efficient and economical method for providing
specific urban services to the area within the IUGB. In the long run, the city is
the logical provider of such services.
5. The plan shall encourage the development of vacant lands that have urban services
before the extension of serives beyond presently served areas.
RESIDENTIAL AREAS:
The residential section of the general plan is based upon the following general policies:
1. All new residential development shall comply with housing densities shown on the
plan, regardless of type, site size, or timing as related to other developments.
2. All residential areas shall be provided with services and facilities necessary for
safe, healthful, convenient urban living consistent with the density of development.
3. Residential development shall be coordinated with other land use elements and com-
munity facilites which are consistent with projected housing densities.
RESIDENTIAL AREAS - STATEMENTS OF INTENT OF THE PLAN:
1. The basic and most important single devlopment criteria for residential areas is
housing densities.
2. Residential densities indicated on the general plan shall be respected and reflected
in city and county codes, ordinances, and development.
Z-81- 6 - EDWIN AUSTING - PAGE 2
{ VOL 41PAGE 564
' The Hearings officer finds that the applicant has adequately satisfied the criertia
set forth in the Bend Area General Plan and Deschutes County Ordinance PL-9 to the
fullest extent.
DECISION: APPROVAL, subject to the following condition:
1. That this approval is subject to the agreement entered into between Edwin Austing
and Massey Toge, and is attached to this decision.
DATED thisp~I~TTaay of September, 1981.
This decision becomes final 15 days after the above date, unless appealed to the
Planning Commie, on? by a party of interest.
Av-4d ~
INGS OFFICER
MA:ch
cc:File
Planning Commission
Planning Department
Edwin Austing
Lois Johnson
Colvin and Hoerning
Dan Van Vactor
Z-81-6 - EDWIN AUSTING - PAGE 3
VOL
41 PA(,F 565
AGREEMENT
Parties. ED AUSTING
MASSEY TONGE
AUSTING seeks to develop certain real property in the City
of Bend described as follows:
Tax Lot 1000, City of Bend, Deschutes County, Oregon.
TONGE resides next to said property, wishes to preserve the
residential character of the land adjacent to him, and avoid the
impact of higher density development next to his home. TONGE
agrees to withdraw his opposition to AUSTING'S request for a zone
change from RS to RM in consideration of AUSTING'S obtaining from
his seller and providing to TONGE and his heirs and assigns a
Deed Restriction that runs with the land which provides for
single family residential use of the property identified on
Exhibits "A" and "B". No more than three (3) lots will be
created. It is further understood that access to the property
will be provided from the east, in conjunction with the devel-
opment of adjacent easterly property, to urban city standards,
(i.e., water, sewer, paved streets, and curbs.)
This Agreement shall be a condition of the County's
approval, and failure by AUSTING to complete it shall void the
approval.
If suit or action is instituted to enforce any of the
provisions of this Agreement, the prevailing party shall be
1 - AGREEMENT
r. ( VOL 41PAGE 566
entitled to recover from the other party such sums as the court
may adjudge reasonable as attorney fees at trial or on appeal in
such suit or action in addition to all other sums provided by
statute.
ED AUSTING
2 - AGREEMENT
MASSEY T NGE
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EXHIBIT "A"
C&L v IN & HOERNIN
VOL
Engineering - Surveying
942 N.W. Hill Sc.
Bend, Oregon 97701
Phone - 382-2039
May 15, 1981
44 IT it, PA6s "V8
Legal Description
,for Edwin E. Austing Parcel
F-I to 0C?"i*iP1 j rlf~ % FLO('T
The Easterly 190.00 feetkof the following described
parcel:
That part of the Northeast Quarter of the Northwest Quarter
(NE 1/4, NW 1/4) of Section Eight (8), Township Eighteen (18)
South, Range Twelve (12) East of the Willamette Meridian,
Deschutes County, Oregon, bounded by a line beginning at a
point approximately 41 rods South of the quarter-corner in the
North line of said Section 8, where the North and South half
section line intersects the Northerly boundary of the right-of-
way of the Central Oregon Canal; thence North along said half-
section line for a distance of approximately 18 rods to the
Southeast corner of the tract of land heretofore conveyed to
Percy L. Forbes and Bertha M. Forbes; thence West on the South
boundary of the said Forbes tract a distance of approximately
27 rods to the intersection with the Southeasterly boundary of
the right-of-way of the Pilot Butte Canal; thence Southwesterly
on said right-of-Nay boundary a distance of approximately 15
rods to the Northeast corner of a tract of land owned by
George E. Cray; thence South an approximate distance of 16 rods
to the North boundary of the right-of-way of the Central Oregon
Canal; thence in an Easterly direction along said right-of-way
boundary a distance of approximately 35 rods to the point of
VOL 41, PAGE 569
begnning'above mentioned, containing 1.30 acres more or less.
Together with 1.0 acre of water rights with the Central
Oregon Irrigation District.
Subject to the existence of roads, irrigation ditches
and canals, telephone, telegraph and power transmission
facilities.
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125-60