Loading...
34-321-Ordinance Recorded 4/1/1980' EFORE THE BOARD OF COUNTY COMMISSIONERS VOL v 34 FACE 321 OF THE STATE OF OREGON FOR DESCHUTES COUNTY In the Matter of Plan Amendment) AMENDMENT TO COUNTY ORDINANCE Application No. PA -80 -2 ) PL -20 WHEREAS, HAWTHORNE, DESCHUTES & PANNER, a partnership, has applied for a plan amendment of their property described as follows: 10 acres at the southwest corner of Baker Road and Highway 97, a portion of tax lot 5300 RI, Section 30, T18S, R12E; and WHEREAS, the application is for a plan amendment from Landscape Management to Rural Service Center. WHEREAS, the Board adopts the findings attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, the application has been recommended for approval by the County Hearings Officer following a public hearing on February 12, 1980; NOW, THEREFORE, The Board of County Commissioners ordains that the property described above be designated on the Comprehensive Plan as Rural Service Center, as shown on the map attached hereto as Exhibit "B" and incorporated herein by reference, with the con- dition that a site plan be approved prior to any development of the property. This ordinance being necessary for the immediate preservation of the public health, welfare and safety , an emergency is declared to exist, and this ordinance shall take effect upon its adoption. DATED this z -.day of April, 1980. ATTEST: Rose ary -Pact son, Coun I y Clerk Distribution: Planning Director District Attorney County Assessor Hearings Officer County Counsel BOARD OF COUNTY COMMISSIONERS t/,/�/& C AN s 2 'VOL 34 rw 322 EXHIBIT "A" BURDEN OF PROOF: In order to receive a favorable recommendation for approval of a Comprehensive Plan Amendment, the applicant must meet the following criteria set forth in Section 6.000 of Uniform Procedure Governing Land Use Applications, PL -9. FINDINGS: A. Subject Property: 1. Location: The subject property is located at the southwest corner of Baker Road and Highway 97, and is further described as a portion of tax lot 5300 RI, T18S, R12E Section 30. 2. Zone: RR -10, Rural Residential and Landscape Management. 3. Comprehensive Plan Designation: Landscape Management. 4. Site Description: The subject property is approximately 10 acres in size, is. generally level, and covered with brush and ponderosa pines. Access to the property.will be off Baker Road. VICINITY INFORMATION: The subject property is bordered by Highway 97 to the east and Burlington Northern Railroad to the.,west. Deschutes River Woods Subdivision is located westerly of the subject property. A small grocery store currently exists in Deschutes Mobile Park westerly across the railroad tracks from the subject property. CONCLUSIONS: A. The Deschutes County Comprehensive Plan designates this property a Landscape Management Area. The Landscape Management Area is intended primarily for the preservation of areas of outstanding scenic quality as viewed from the principle highways providing access to recreation areas within the forest and from recreation occupancy zones, lakes and streams. Further, the Deschutes County Comprehensive Plan states: "Each rural service center shall have a compact commercial area to serve the convenience - commercial, agricultural and repair service needs of the surrounding rural lands. In addition, larger rural service centers along major highways, where public facilities such as schools already exist, shall have a residential area designated (see individual RSC maps and policies). The size and uses of rural service centers shall be such as to maintain the rural character of the area." _ 2 _ ` VOL 34 FACE 323 B. Compliance with LCDC Goals are as follows: 1. Goal Five - Open Spaces, Historic Areas, Natural Resources: The subject property contains no natural resources, has no aesthetic appearance, and is not a historic area, although the site is a buffer area between Highway 97 and the railroad and the Deschutes River Woods Subdivision. The proposed project will be screened from the view of U.S. Highway 97 and will provide an additional buffer between. the highway and the mobile home park across the railroad tracks from Highway 97. 2. Goal Twelve - Transporthtion: The development would have no direct access onto Highway 97; however, the Oregon State Highway Division has indicated that Baker Road intersection would require redesigning due to increased traffic hazards by the traffic on Highway 97 used in the proposed development. The applicant has proposed to meet and deal with any of these problems or recommendations and requirements by the Oregon State Highway Department. In addition, the applicant has supplied further testimony and evidence indicating that hearly 3,000 cars per day pass along Baker Road immediately west of the intersection with Highway 97. Many of the trips surveyed are trips into the Bend Urban Area to obtain commercial services which the Rural Service Center proposes to place within easy reach of the residents, eithout the necessity of using the highway. Obviously, those person travelling to and from work in Bend will not be affected by this proposal, but it should significantly reduce the number of trips into the Bend area for shopping and other needs. C. PUBLIC NEED: 1. There are over 500 homes and approximately 2,109 residents of Deschutes River Woods Subdivision at this time. The applicant has established that there are no facilities in the immediate area for supplying fuel to motor vehicles, there are no restaurant facilities, and only limited supplies available. 2. The applicant has further established that the average trips to Bend per week per family is 7.1, round trip mileage 10 miles. The applicant has already, by his Exhibit 4, indicated substantial savings in miles traveled and .gallons of fuel saved per year by the proposed facility. In addition, the applicant submitted in Exhibit 2, a petition of approximately 49 residents of the area supporting the project and at the time of the hearing a number of people spoke in favor of the proposal. M -, -3- VOL 34 PAGE 324 D. THE NEED BEST SERVED BY THE SUBJECT PROPERTY: 1. The applicant has produced the only evidence on this matter, that being that there is no other property in the immediate area that has been designated on either the existing or proposed Comprehensive Plan as a Rural Service Center to serve these residential subdivisions. There is no other property available with direct access to the Deschutes River Woods which could be used for such a development. It appears from the evidence that the subject property is the only property that can satisfy the need.