35-977-Ordinance No. 80-204 Recorded 9/30/1980~ d
VOL 35 PAGE 977
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordinance )
No. PL-10, Bend Area General )
Plan; Redesignating Certain )
Property from Development )
Alternative to Industrial Park; )
and Declaring an Emergency )
ORDINANCE NO. 80-204
WHEREAS, the owners of certain property in Deschutes
County, Oregon., applied to the Deschutes County Planning Depart-
ment for the purpose of redesignating certain property from
Development Alternative to Industrial Park; and
WHEREAS, notice of hearings was given in accordance
with law; and
WHEREAS, the Hearings Officer held hearings on the pro-
posed plan change on June 24, 1980, and July 15, 1980; and
WHEREAS, the Deschutes County Planning Commission held
hearings on the proposed plan 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 redesignated from Development
Alternative to Industrial Park; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. To amend Ordinance No. PL-10, Bend Area
General Plan, to change the plan designation from Development
Alternative to Industrial Park 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'
findings and conclusions the findings and decision of the Hearings
Officer dated August 13, 1980, relating to plan amendment number
PA-80-7, marked Exhibit B, attached hereto and by this reference
incorporated herein.
ORDINANCE NO. 80-204, PAGE 1
Section 3.
immediate preservation
emergency is declared
on its passage.
vot 3, 5 %E 978
This ordinance being necessary for the
of public peace, health and safety, an
to exist, and this ordinance takes effect
DATED this Owday of 1980.
BOARD OF OUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
TAMMY J. I R SON
Recording cretary
ORDINANCE NO. 80-204, PAGE 2
C✓~o
1000
ROBERT C. PAULSON, JR., Commissi r
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FILE NO:
APPLICANT:
REQUEST:
PLANNING STAFF
REPRESENTATIVE:
PLAN-N, 11.G STAFF
RECO_ : TATIOti :
VOL
'35 PAGE 980
HEARINGS OFFICER
DESCHUTES COUNTY COURTHOUSE _ SEND, OREGON 97701
TELEPHONE (503) 382-4000, EXT. 223
PUBLIC HEARING: This matter was continued from the June 24, 1980 hearing
which had been held in Courtroom B, in the Deschutes
County Justice Building, Bend, Oregon. It was held again
on July 15, 1980 in Room 106, Deschutes County Court-
house Annex, Bend, Oregon at 7:00 P.M. An oral decision
was rendered at that time.
BURDEN OF PROOF: 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 Comprehensive-Plan, Zoning Ordinance,
LCDC Goals, and that there is a public need for this
change and that need will be best met by changing this
particular property.
FINDINGS:
A. Subject Property:
1.
Location
The subject property is located just west of the intersection of U.S. Highway x-20
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.
LW A6 i T
vas 35 PACE 981
4. Site Description:
The subject propety is currently vacant with scattered juniper trees and some
pasture land. A small irrigation pond also exists on the property. The topo-
graphy is relatively flat, and is within the Bend Urban Growth Boundary and the `
Phase II sewer service area. The property is 11.17 acres in size and access to
site if from Bear Creek Road to the south and Aronld Market Road from the south..:.
CONCLUSIONS: 4 r,.
Bend Area General Plan discusses Development Alternative in Urban Standard Residential
with the following language:
smn.
"Urban standard density residential areas are intended to provide for the most common
urban residential densities in place where community sevices will evenutally 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 providi.ngs for.
community 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
Oregon. Virtually, all of the Planning Area is characterized by a shallow soil cover
over lava rock. This condition leads to exceptionally high costs for installation of
underground 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 9% of the
city is connected to a sewer system. However, in recent years there has been a
growing concern that this practice will lead to pollution of underground water supplies.
Further, the Bend Area General Plan in discussing industrial areas and industrial
parks, this application would change the subject property from Residential to In-
dustrial Park, indictes that industrial park areas are intended to accomodate those
industrial or distribution uses which seek fully improved sites and protection against
incompatible industrial uses.and are willing to abide by site improvement requirements
and perfomance standards. These areas should provide industrial sites in a park-like
environment.
Attempting 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 the east of the Sisters' Highway south of Cooley Road. The Comprehensive Plan of
the city does not specifically address the question relating to the setting of new
industrial areas within the Urban Growth Boundary of Bend. The Plan states that new
industrial develop should be located in an area where community services can be pro-'`vided. This proposal is in conformance with that guideline. The proposal is in con
formance with guidelines that deal with development standards for industrial parks.-.
The applicant has satisfied the applicable LCDC Goals as follows: }
Goal 11 - Public Facilities and Services: - The subject property is within the Bend`
Urban Growth Boundary and also the Phase II sewer service area. This means that any
proposed industrial use will be required to be provided with all of the basic urban
services, including City sewer service when it becomes available. The applicant has
indicated that the site will be served by Avion Water Company.
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
VOL 3 5 PAGE or the use of special setbacks could be used to offset many of the potential
conflicts or traffic problems. The applicant has bstablished that there is a
public need and that this property best fits and 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 Pend Urban Area. It was"eastablished
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--Indus trial.
RECOINDIENDAT I ON :
The.Heariags Officer recommends.to the Board of County Commissioners that Plan Amend-
ent 80-7 be approved with the following conditions:
_M
1. A site plan shall be approved and other permits obtained prior to any construction
on the site.
2. Prior to going to the Board of County Commissioners this plan' amendment along with
zone change 80-22 and conditional 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 Commission by a party of interest.
MA:ch
cc: file
Planning Commission
Planning Department
Dick Allen
PA-80-7 - DICK ALLEN - PACE 3