30-257-Order Recorded 5/2/1979r
BEFORE THE BOARD OF COUNTY COMMISSIONERS
IN THE STATE OF OREGON
FOR THE COUNTY OF DESCHUTES
In the Matter )
of File No. Z-79-3, Zone Change )
Request by William and Ester ) O R D E R
Newton, from R-1, Urban Residential, )
Single Family to R-2, Urban Residential )
Multifamily )
VOL 30 ?acf 257
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 William and Ester Newton for a zone change from R-1, Urban Residential,
Single Family to R-2 Urban Residential Multifamily on Tax Lot 400 in Section
28, Township 17 South, Range 12 East of the Williamette Meridian, and the
public hearing a matter of record of the Hearings Officer on March 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,
applicant shall in the case of a requested re-zoning establish:
File No: Z-79-3
1 Page 2 VOL
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 available property.
II. FINDINGS OF FACT
30 racE 258
A) The subject. property is approximately 8 acres in size, is covered by
juniper and brush and slopes to the south. Adjacent property to the south
has been developed with apartments and property to the east has been sub-
divided for single family residences` with some duplex lots. Property to the
north and west has scattered residential devleopment, generally in large
parcels.
B) The subject property is currently zoned inthe County as R-1, is within
the Bend Urban Growth Boundary, is not on any special Farm Assessments nor
does it come under the Interim Agricultural Ordinance.
C) The subject property is designated as medium density residential in
order to implement the policies of the Bend Area General Plan.
D) The applicant comtemplates approximately 102 units on the 8 acre parcel
and has indicated it will request annexation into the City of Bend.
III. CONCLUSIONARY FINDINGS
A) Conformance with the Comprehensive Plan:
1) The conformance with the Comprehensive Plan and the Bend Area Plan
with the policies contained therein has been addressed by the App-
licant and the Hearings Officer finds such to be satisfactory.
B) That the application has demonstrated a public need for the proposal
and 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 Applicant responded to the request for futher documentation by
the Planning Department relative to showing that the proposed site
can best meet the public need for additional housing
2) Availability of parcels, size of parcels, availability of sewer and
water, was documented by the Applicant's written brief showing nine
developments, commenciing with. Studio Apartments and ending with
Carriage Trade Apartments, the number of units, and the vacancy
factor, also a survey of property in the R-2 zone classification in
sundry area throughout the urban area. Consequently the two-fold
Fasano requirement has been satisfactorily met by the Applicant.
File No: Z-79-3 VOL 34 EAcE259
Page 3
C) Conformance with the Statewide Planning Goals:
There was satisfactory compliance with the LCDC Goals as established by the
Staff Report of the Planning Department.
IV. CONCLUSION AND ORDER
and
It appears to the Board that these facts support the proposed zone change,
The County deeming this action to be in the public interest ,
IT IS HEREBY ORDERED that the zoning be changed from .R-1 to iR-2 as shown
on the attached map. 1C
Done by the order of the Board of Commissioners this day of
May, 1979, to become effective immediately.
ORIGINAL : County Clerk
COPIES: Planning Department (3)
County Counsel
Hearings Officer
Assessor
Board of Commissioners
CL"
COMMISSIONER
-NOTICE 0F. PUBLIC HEARI11b
NOTICE IS HEREBY GIVEN THAT THE DE HUTES COUNTY HEARINGS OFFICER
WILL HOLD A PUBLIC HEARING ON ;
AT AM PM IN ROOM. 1'061 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.
FILE NO: Z -79-3
AP•PLICANT: William & Esther Newton
W. G. MONROE
DESCHUTES COUNTY PLANNING
DIRECTOR
COURTHOUSE ANNEX
BEND, OREGON 97701
PROPO$ : Application for a zone change from R-1, Urban
Residential, Single Family to R-2, Urban
Residential, Multi-Family, to be able to
build multiple family dwellings.
DESCRIPTION: Located Northerly of the intersection of Studio
Road & Butler Market Rd. and adjacent to Choctaw
Village Subdivision, and is further described as tax
lot 400, T17S, R12E, Section 28.
SPECIAL INFORMATION: NONE
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SIGNATURE OF PLANNING DIRECTOR OR HIS REPRESENTATIVE
PUBLICATION DATE; '747