34-945-Order Recorded 7/16/1980BEFORE THE BOARD OF COUNTY COMMISSIONERS
IN THE STATE OF OREGON
FOR THE COUNTY OF DESCHUTES
In the Matter of Zone )
Change Application Z 80-2 )
O R D E R
VOt 34 ?At~E 945
WHEREAS, Robert Haynes has applied for a rezoning on the property
described as follows:
Approximately 300 feet Westerly off of South Highway
97 approximately k mile north of China Hat Road,
a portion of tax lot 2001, Section 17, T18S, R12E; and
WHEREAS, the application is for a zone change from SR-20, Surburban
High Density Residential to CH, Highway Commercial, as described
in the Bend Urban Growth Boundary Zoning Ordinance PL-11; and
WHEREAS, The Board adopts the findings attached hereto as Exhibit
"A" and incorporated herein by reference;
NOW, THEREFORE, it is hereby ordered that this application for zone
change be denied.
DATED this 16th day of July, 1980.
BOARD OF COUNTY COMMISSIONERS
Distribution:
Planning Director
Hearings Officer
VOL 34 FACE 946
EXHIBIT "A"
FINDINGS
I. Findings of Fact:
A. The subject property is currently zoned SR-20, Suburban
High Density Residential; the request is to change to CH,
Highway Commercial.
B. The subject property is approximately six acres in size, how-
ever the zone change would be on approximately 300 feet along
Highway 97.•
C. The Bend Area General Plan designates approximately 300 feet
along Highway 97 as Highway Commercial.
D. The subject property was zoned SR-20, Suburban High Density
Residential on July 11, 1979. Prior to this rezoning, the
subject property was zoned R-1, Urban Residential, Single
Family.
E. The subject property is outside the Phase II Sewer System.
F. The subject property is approximately 1/2 mile inside the proposed
Bend Urban Growth Boundary.
G. When this property was zoned in July of 1979 it was specifically
not zoned to Highway Commercial because of concerns relating to
the traffic, energy and esthetic problems caused by.the expansion
of strip highway development. The adjacent areas on the highway
were zoned commercial prior to July, 1979 and the decision was
made in 1979 not to down-zone them even though the Board was con-
cerned about the impacts of these sites also.
H. Additional Highway Commercial land was zoned in July of 1979
between Highway 97 and Parrell Road and much of this land is
still not developed to its full potential.
II. Conclusionary Findings
A. Conformance with the Comprehensive Plan:
1. Page 38 of the Bend Area
General Plan states:
a. Concerted community efforts should'be made to improve
the appearance of existing commercial areas and similar
considerations encouraged in all-new developments.
b. New commercial areas in outlying sections should be
developed as centers rather than as strips along major
roads..
c. Concerted efforts should be made to rehabilitate or re-
develop older commercial areas in order to retain their
values to the community.
r "s f 1
• rVOL e~
c34 PACE 4
PAGE 2.
d. Although the plan recognizes the existing strip
development along major highways in the areas,it
recommends that new commercial development occur
rather than as strips along major highways.
commercial
strongly
in centers
2. Page.40 states:
"The area between South Highway 97 and Parrell Road is intended
to reflect the potential for extended highway commercial or
medium density residential".
B. Compliance with LCDC Goals:
This application relates to the following mandated Statewide
Planning Goals:
1. Air, Water, Land Resources Quality - Any development would
have to be built according to sanitation requirements
administered by the Department of Environmental Quality.
2. Transportation - The State Highway Division has indicated
that a left turn lane may be required for the subject property
if its use were increased.
3. Energy Conservation - The subject property is within the proposed
Bend Urban Growth Boundary, but extension of strip development
prematurely compounds energy consumption problems.
4. Urbanization - the subject property is currently within the
Bend Urban Growth Boundary, although the UGB has not been
acknowledged by LCDC.
C. That there is a public need for the proposal: Although the
applicant's attorney addresses the fact that the zone change
would allow developmment of the existing commercial uses, it
has not been established that there is a need for the zone
change.
D. That the need will be best met by changing the classification of
the piece of property as compared with other available property:
The applicants have not documented that the need is best met
at this specific location.