38-14-Ordinance No. 81-022 Recorded 6/23/1981VOl ~BPAGE 14
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordinance )
No. 80-216, the Bend Area General ) , I
Plan; Redesignating Certain )
Property
General r Industrial; and Industrial
to 1987
Declaring an Emergency. ) ROSem
D CyUT S CpPN r&R
ORDINANCE NO. 81-022 Ty QtRK
WHEREAS, ARTHUR POZZI and JEFFREY SERCOMBE proposed the
redesignation of certain property from Light Industrial to General
Industrial; and
WHEREAS, notice of hearing was given in accordance with
law; and
WHEREAS, the Hearings Officer held a hearing on the pro-
posed Plan Amendment on April 28, 1981; and
WHEREAS, the Hearings Officer recommended that the
property be redesignated from Light Industrial to General Industrial
by decision dated May 18, 1981; and
WHEREAS, the decision of the Hearings Officer has not
been appealed to the.Bend Urban Area Planning Commission; now, there-
fore,.
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. That Ordinance No. 80-216, the Bend Area
General Plan, is amended to change the designation from Light Industrial
to General Industrial, for the parcel of real property described as:
Tax Lots 200, 2500, 2800 and a portion of 2100,
in Section 21C, 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 2. To adopt as the Board of County Commissioners'
findings and conclusions, the findings and decision of the Hearings
Officer dated May 18, 1981, relating to Plan Amendment 81-2, marked
Exhibit "B," attached hereto and by this reference incorporated herein.
Section 3. This Ordinance being necessary for the immediate
preservation o pu lic peace, health and safety, an emergency is
ORDINANCE NO. 81-022, PAGE 1
VOL 38PdGF 15
declared to exist, and this Ordinance takes effect on its passage.
DATED this day of 'SUji e- , 1981.
BOARD OF COUNTY COMMISSIONERS
OF DES HUTES COUNTY, OREGON
C
R BERTV3 PAULSON, JR., C airman
. 5tir:FAKll , Uonu is s loner
ATTEST:
SUSAN STONEMAN
Recording Secretary
ORDINANCE NO. 81-022, PAGE 2
E X H I B I T B VOL 38PAGE
HEARINGS OFFICER
DESCHUTES COUNTY COURTHOUSE ANNEX BEND, OREGON 97701
ci TELEPHONE (503) 388.6626
FINDINGS AND DECISION
FILE NO: PA-81-2
APPLICANT: Arthur Pozzi and Jeffry.Sercombe
REQUEST: An application for a plan amendment on a 4.5 acre parcel located
east of Boyd Acres Road. The subject property is currently de-
siganted IL and the proposed designation is IG.
PLANNING STAFF
REPRESENTATIVE: Richard Knoll
PLANNING STAFF
RECOMMENDATION: Approval
PUBLIC HEARING: Public Hearing was held in room 106, Deschutes County
Courthouse Annex, Bend, Oregon on Tuesday, April 28, 1981
at 7:00 P.M. An oral decision was rendered at that time.
BURDEN OF PROOF: In order to approve this request for a plan amendment the
applicant must meet the criteria set forth in Section 33 of
PL-11 of the Bend Urban Area Zoning Ordinance. In addition
Section 6.000 must be addressed.
FINDINGS:
1. LOCATION:
The subject property is located on the east side of Boyd Acres Road:.and south of
Murray Road. The property is further described as Tax Lots 200, 2500, 2800, and
2100 (portion of), Township 17 south, Range 12 east, Section 21C.
2. ZONE:
IL, Light Industrial.
3. COMPREHENSIVE PLAN DESIGNATION:
Light Industrial.
4. SITE DESCRIPTION:
The subject property is 4.5 acres in size and includes four (4) tax lots. The
property has a fairly flat topography with some elevated rock outcroppings. The
land is barren except for a few scattered juniper trees locted primarily on the
south side. A single family dwelling exists on the northeast portion of the prop-
erty. The subject property is contiguous to Boyd Acres Road and has access to that
road.
Z-81-7 - SERCOMBE/POZZI - PAGE 1
IVOL. 8; AGE 17
rnNr.T.i19TnNS
This proposal is consistent with the Deschutes County Comprehensive Plan and conforms
to the Bend Area General Plan (p. 41 & 42).
The General Plan recognizes existing industrial development and has attempted to zone
those areas accordingly. This is reflected in the IG zone existing at the Bend Millwork
site, west of the proposed area. There are no residential sites contiguous to the site
which might offer a hindrance. There is access to the parcel from an arterial and rail
access from the west.
The property of this request is adjacent to existing IG land. This land and surrounding
land have been consistently set aside as industrial properties since early 1970. The only
parcels within the Bend Urban Area designated as IG are: Diamond International, Willamette
Korpine along the Deschutes River, developed property along Highway 97 north, and the
industrial park located north and east of the intersection of Wilson and 9th Streets.
The applicant's proposed use is an office, a batch plant and truck farm for Bend Redi-Mix
Concrete. This use is not an allowed outright use in an IL zone. The two zones which
permit that use are the Surface Mining zone and General Industrial zone. The reason for
the restriction is the theory that this use is the processing of aggregate materials.
Because of the limited IG land in the Bend Urban Area, the -Hearings Officer finds that the
additonal property would be in conformance with the Comprehensive Plan to provide for the
heavy industrial uses and for the development of a balanced economic base.
The applicant has established in a written statement that the applicant's current site
on First Avenue is unsatisfactory. The site has access onto either Franklin or Greenwood
Streets, both are very busy and in the heart of Bend. The City of Bend has shown an
interest to have this operation removed from this area.
The Hearings Officer finds that there is a need to re-zone the subject property at this
location to IG, General Industrial.
DECISION:
APPROVAL
DATED this day of May, 1981.
This decision becomes final 15 days after the above date, unless appeled to the
Planning Commission by,-A~arty of interest.
ovecrc
OFFICER
MA:ch
cc: File
Planning Department
Planning Commission
Jeffry Sercombe
Arthur Pozzi
Z-81-7 - SERCOMBE/POZZI - PAGE 2