35-971-Ordinance No. 80-205 Recorded 9/30/19803 5 ` Ya
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordinance )
No. PL-11, Zoning Ordinance of the )
Bend Urban Area of Deschutes )
County, Oregon; Rezoning Certain )
Property from Urban Standard )
Residential (RS) Zone to Industrial )
Park (IP) Zone; and Declaring )
an Emergency )
ORDINANCE NO. 80-205
WHEREAS, the owners of certain property in Deschutes
County, Oregon, applied to the Deschutes County Planning
Department for the purpose of rezoning certain property from
Urban Standard Residential (RS) Zone to Industrial Park (IP)
Zone; and
WHEREAS, notice of hearings was given in accordance
with law; and
WHEREAS, the Hearings Officer held heraings on the
proposed zone change on June 24, 1980, and July 15, 1980; and
WHEREAS, the Deschutes County Planning Commission held
hearings on the proposed zone change on September 10, 1980; and
WHEREAS, the Deschutes County Planning Commission
recommended to the Board of County Commissioners of Deschutes
County, Oregon, that the property be rezoned from Urban Standard
Residential (RS) Zone to Industrial Park (IP) Zone; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. To amend Ordinance No. PL-11, Zoning
Ordinance o the Bend Urban Area of Deschutes County, Oregon,
to change the zoning from Urban Standard Residential (RS) Zone
to Industrial Park (IP) Zone for the parcel of real property
described as Tax Lot 1501, 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 in ings and conclusions, the findings and
decision of the Hearings Officer dated August 13, 1980, relating
to zone change number Z-80-22, marked Exhibit B, attached hereto
and by this reference incorporated herein.
ORDINANCE NO. 80-205,..pAGE 1
VOL 35 ~ '
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 ~ay of 1980.
BOARD 0 COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
a& a au*'~ -
ALBERT A. YOUNG, airm
CLAY C. S EPARD, rnmis r
Cy~rirw~c+~-yt.
OBERT C. PAULSON, JR., Commission
ATTEST:
-P.J..j -
AMMY J. C DSON
Recordin Secretary
ORDINANCE NO. 80-205, PAGE 2
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VOL 35 cacE 97-4
HEARINGS OFFICER
DESCHUTES COUNTY COURTHOUSE BEND, OREGON 97701
TELEPHONE (503) 382-4000, EXT. 223
Y
FILE NO:
APPLICANT:
REQUEST:
PL4N'N'I`.G STAFF
REPRESENTATIVE:
RECO'L.1EN"DATION :
PLANNING STAFF
PUBLIC 'HEAR- I'+G :
BT3RiE OF PROOF:
venial.
This matter was continued from the June 74th, 1980
hearing which had held in. Courtroom B, In the Deschutes
County Justice Building, Bend, Oregon. It was held
again on July 15, 1980 in room 1.06, Deschutes County
Courthouse Annex, Bend, Oregon at 7:00 P.M. An oral
decision was rendered at: that time.
In order for the applicant to receive a favorable recom-
mendation to the Board of County Commissioners he must-
meet the criteria of Section 6.000 of Deschutes County
Procedural Ordinance PL-9, and establish that he is in
Compliance with the Cbfnprehensive Plan, Zoning Ordinances,
LCDC Goals and that there is a public need for this
change and that need will. be best met by changing with
particular property. .
FINDINGS:
A. Subject Property:
1.
Location:
-The subject property is located just west of the intersection of U.S. Highway 420
and Arnold Market Road on the south side of the highway. The property is further
described as Tax Lot 1501, Township 17 south, Range 12 east, Section 34-
- 2. Zone:
RS, Standard Residential
3.' Comprehensive Plan Designation:
Development Alternative
Z-80-22 - DICE: ALLEN - PAGE 1
4.
Site Description:
fie subject property is currently vacant with scattered juniper trees and some
pasture land. A small irrigation pond also exists on the property. The topo-.
g_ap'ay is relatively flat, and is within the Bend Urban Growth Boundary and the
Phase II Sewer Service area. The property is 11.1.7 acres in size and access to
t.le site is from Bear Creek Road to the south, and Arnold Market Road from the
sout?~ .
C2NCLUS IC's S :
Bend krea General Plan discusses Development Aternative"in Urban Standard Residential .fu
-with the following language:
"Urban standard density residential areas are intended to provide for the most common
urban residential densities in place where community services. will eventually be
available. Most of the areas shown on the plan now have some kind. of community water
service, are in areas which can readily be served by a community "sewer-system, or
reflect an existing development pattern."
Development alternative areas are intended to recognize the problems of providing for
co»nity services prior to development in areas where new growth is expected to occur.
This concept was developed to deal with conditions common to the Bend Area and Central
Orr`-:=.. Virtually all of the planning area is characterized by shallow soil cover
over Lava. rock. This condition leads to exceptionally high costs for installation of
under-round utilities. The nature of the lava flows and complex underlying geology
has also led to the extensive use of dry wells as a replacement for septic tank drain
fields. This system is so simple and apparently successful that only about 97. of the
city is connected to a sewer system. However, in recent years there has been a
gro::ing concern that this practice will lead to pollution of underground water supplies.
Furt:er, the Bend Area Genral Plan in discussing industrial areas and industrial parks,
this application would change the subject' property from Residential to Industrial Park,
indicates that industrial park areas are intended to accomodat.e those industrial or
dis -ribution uses which seek fully improved sites and protection against incompatible
i_nduszrial uses.and -are grilling to abide by site improvement requirements and perfor-
T:=a standards. These areas should provide industrial. sites in a park-like environ-
ment.
Atte=ting to make a recommendation to this matter it is noted that as of now the Bend
Urban Area Plan only provides for one future industrial. development and that is located
on =e east side of the Sister's Highway, south of Cooley Road. The Comprehensive Plan
of the City does not specifically address the question relating to the setting of new
lndasrial areas within the Urban Growth Boundary of Bend. The Plan states that new
in__t_ial areas should develop in a area where community services can be provided.
Th_s.proDosal is in conformance with that guideline. The proposal is in conformance
,,-it*- -Uidelines that deal with development standards for industrial parks.
T"e =?p'icant has satisfied the appplicable LCDC Goals as follows:
Goal 11 - Public Facilities and Services: The subject property is within the Bend
Ur-~an Growth Boundary and also the Phase II sewer service area. This means that any
prcpose_6 industrial use will be required to be provided with all. of the basic urban
ser-.-i-cas, including City sewer service when it becomes available. The applicant has
ind_czted that the site will be served by Avion Water Company.
Z-83-22 - DICK ALLEN - PAGE 2 4L
. E VOL 35 PACE 976
Goal'14 - Urbanization: This parcel has been identified as being within the Bend
Urban Growth Boundary. This goal requires maximum efficiency in land uses within the
boundary. The uses proposed for this site are ones that have a tendency to generate
a large volume of traffic and possibly some objectionable noise. Although buffering
or the use of special setbacks could be used to offset many of,the potential
-conflicts or traffic problems. The applicant has established that there is a.
public need and that this property best suits that public need.
The applicant at the public hearing through documentation, articles and magazines
and the testimony of the surrounding neighbors has indicated that there is in
fact a need for more industrial land within the Bend Urban Area. It was estab-
lished that this is a good location for this particular industrial development.
There are no other sites within the Bend Urban Growth Boundary zoned IP, Light
Industrial. ~x
RECO` 4ENDATION
The Hearings Officer recommends-to the Board of County Commissioners that this
zone change 80-22 be approved with the following conditions:
1. A site plan shall be approved and other permits obtained prior to any con-
struction on the site.
2. Prior to going to. the Board of County Commissioners this zone change along with
plan amendment 80-7 and donditional use 80-77 be considered and a recommendation
be received from Deschutes County Planning Commission and it also be forwarded to
the Board of County Commissioners.
DATED this~day of August, 1980.
This recommendation becomes final 15 days after the above date unless appealed to
the Planning Commiss n by a party of interest.
Y__/
Avedovech`
:NGS OFFICER
MA:ch
cc: f ile
Planning Commission
Planning Department
Dick Allen
Z-80-22 - DICK ALLEN - PAGE
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