30-142-Order Recorded 4/10/1979VOL 30 PAGE 142
s
BEFORE THE BOARD OF COUNTY COMMISSIONERS
IN THE STATE OF OREGON
FOR THE COUNTY OF DESCHUTES
In the Matter
of File No. Z-78-70
Zone Change Request by Bank
of the Cascades, from C-1,
Tourist Commercial to C-2,
General Commercial
O R D E R
ORDER, approving an application for a zone change as provided
by the Deschutes County Procedural Ordinance, PL-9,
WHEREAS, the Deschutes County Hearings Officer, having
received the application of the Bank of the Cascades for
a zone change from C-1, Tourist Commercial to C-2,
General Commercial, on tax lot 1301 in the SWq of Section
8, T18S, R12E of the Willamette Meridian, and the public
hearing a matter of record of the Hearings Officer on
February 13, 1979,
Based on that record, the Board of County Commissioners
finds, concludes and orders as follows:
I. Legal Findings
A. Section 6.000 of the ordinance providing for uniform
procedure governing land use applications, PL-9, states:
1) The burden of proof is upon the one seeking change.
The degree of that burden increases proportionately with
the degree of impact of the change which is sought.
2) The applicant shall in all cases establish:
a) Conformance with the Comprehensive Plan; and
b) Conformance with all applicable statutes; and
c) Conformance with all applicable ordinance provisions
setting forth the various criteria to be employed for
re-zoning, conditional uses and variances; and
d) Conformance with Statewide Planning Goals wherever
they are determined to be applicable.
3) In addition to the requirements of subsection (2) of this
section, the applicant shall in the case of a requested re-zoning
establish:
VOL 30 PAGE 143
Page 2.
File No. Z-78-70
a) That there is a public need for a change of the kind
in question;
b) That need will be best served by changing the
classification of the particular piece of property
in question as compared with other available property.
II. FINDINGS OF FACT
A) The Bend Area General Plan identifies Highway 97 as a major
arterial. The subject property is located at the intersection
of Badger Road with Highway 97.
B) The subject property is shown on the Bend Area General Plan
for Highway Commercial Use and the zoning to implement this
plan has designated the subject property as CH, Highway
Commercial.
C) Banks, offices, and financial institutions are permitted
uses in this zone.
D) Highway Commercial businesses surround the subject property
to the North, East, South, and West. It consists of approximately
1-~ acres, is level, and will be finish graded to properly drain
to existing street sections. The site has fire protection from
the City of Bend and will be served by public utilities and approved
individual sewer and a community water supply.
E) The City of Bend Planning Director views the applicant's
proposal as an orderly development for the area.
III. CONCLUSIONARY FINDINGS
A) Conformance with the Comprehensive Plan:
The Hearings Officer has determined the application is in
conformance with the Bend Area General Plan because:
1) The zone change is consistent with commercial policies set forth
in the County Comprehensive Plan and the Bend Area General Plan
by promoting a trend away from strip commercial as evidenced
along U.S. Hwy. 97.
B) That the applicant has demonstrated a public need for the
proposal:
1) The County Planning Department's Staff Report, Exhibit 2,
indicated initially that the applicant had not documented the
existence of a public need for a branch bank or that the need
is best met at this particular location and recommended denial
unless the applicant could further document the two-fold Fasano
requirement.
VOL 30 PAGE 144
Page 3.
File No. Z-78-70
The applicant accordingly submitted Exhibit 4 which is incorporated
into the record, establishing the existence of a public need
and the suitability of the location for the proposed site.
An investigation was made as to other available property within
the intended zone, C-2, General Commercial, and it is the
Hearings Officer's finding that in addition to the properties
examined, there is judicial notice that the Bend Urban Area
Comprehensive Plan has designated the proposed site for
Highway Commercial and in so doing, established the
public need for the Highway Commercial Zone to which the
application is addressed. Its designation is construed to be
the implementation of a planned public need,for the outright
uses of banks, offices, and financial institutions.
C) That the need will be best served by changing the classification
of the particular piece of property in question as compared with
other available property:
1) The testimony as evidenced by Exhibit 4 submitted by the
applicant reflects that significant commercial and residential
growth is occurring in the area to the South and Southeast of
Bend; that there is a need for commercial banking facilities
to serve the South Bend trade and coincidentally minimize the
transportation and energy consummation problems created by
traveling to the City core area which is further to the
North.
Because this branch office of the Bank of the Cascades is actually
located in a highly concentrated commercial area with close
proximity to the highly populated residential areas the
very availability of property in this particular section of the
City of Bend is sufficient to meet the Fasano requirements.
The property available which was set forth in Exhibit 4 and
the determination as to its unavailability is the basis of the
finding that compliance has been made with this requirement.
D) Conformance with the Statewide Planning Goals:
1) It is located within the Bend Urban Growth Boundary
It is not used for agricultural purposes, contain no forest
lands, open spaces, natural or scenic resources, or natural
disaster or hazard areas.
2) The most applicable Statewide Goals which were addressed
in the applicant's first written brief, commencing with
Goal #14 Urbanization, Goal #9 dealing with Economy, Goal
#13 Energy Conservation, Goal #11 Public Facilities &
Services, and finally Goal #12 Transportation, have been
adequately addressed and there is sufficient compliance
therewith to satisfy basic findings.
Page 4.
Fiel NO. Z-78-70
IV. CONCLUSION and ORDER:
VOL 30 PACE 145
It appears to the Board that these facts support the
proposed zone change, and
The County deeming this action to be in the public interest,
IT IS HEREBY ORDERED that the zoning be changed from C-1
to C-2 as shown on the attached map.
Done by the order of the Board of Commissioners this
day of April, 1979, to become effective immediately.
BOARD OF COMMISSIONERS
C AI MAN
C MMISSIONER
COMMISSIONER
ORIGINAL: County Clerk
COPIES: Planning Department (3)
County Counsel
Hearings Officer
Assessor
Board of Commissioners
NOTICE OF PUBLIC HEARING, c~{~
VOL 3Q PACA46
NOTICE IS HEREBY GIVEN THAT THE D CHUTES COUNTY HEARINGS OFF CER
j
WILL HOLD A PUBLIC HEARING ON'~ is
7q AT-T30 AMGIN ROOM 106, COUNTY COURTHOUSE ANNEX
ON THE FOLLOWING REQUEST. ALL INTERESTED PERSONS MAY APPEAR, BE
HEARD, BE REPRESENTED BY COUNCIL OR SEND WRITTEN SIGNED TESTIMONY.
ALL WRITTEN REPLYS MUST BE RECEIVED BY THIS DEPARTMENT PRIOR TO
THE HEARING DATE.
. W. G. MONROE
DESCHUTES COUNTY PLANNING
DIRECTOR
ZONE C(1 r_ AML-. -f 7d COURTHOUSE ANNEX
BEND, OREGON 97701
FILE No: Z-78-70 °
APPLICANT: Bank of the Cascades
PROPOSAL,: Application for a zone change from C-1, Tourist
Commercial to C-2; General Commercial to allow
construction of the Bank of the Cascades.
DESCRIPTION: Located on the Southeast corner of Badger and
Hwy. 97 South intersection;.T18S, R12E, Section
8C, tax lot 1301.
SPECIAL INFORMATION:
'Xr
000
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1
SIGNATUR OF PLAN ING D RECTOR OR HIS REPRESENTATIVE
PUBLICATION DATE: f C~V