30-261-Order Recorded 5/2/1979BEFORE THE BOARD OF COUNTY COMMISSIONERS
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IN THE STATE OF OREGON
FOR THE COUNTY OF DESCHUTES
In the Matter )
of File No. Z-79-1 )
Zone Change Request by John ) O R D E R
W. Givens and Robert D. Lowe, )
From A-1 Exclusive Agriculture )
to M-1, Light Industrial )
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 John W. Givens and Robert D. Lowe for a zone change
from A-1, Exclusive Agriculture to M-1, Light Industrial, on Tax
Lots 100 and 1500 in Section 21, Township 17 South, Range 12 East
of the Willamette Meridian, and the public hearing a matter of record
of the Hearings Officer on April 10, 1979.
Based on that record, the Board of County Commissioners finds, con-
cludes 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:
(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.
Page 2
File No: Z-79-1
II. FINDINGS OF FACT
VOL 3o %E 262
A) The subject property is currently divided into two tax lots total-
ling approximately 52.6 acres in size. It is currently undeveloped,
covered in sagebrush and juniper. The property is predominately Class
VII soils with some Class III soils, according to the U.S.D.A.
B) The subject property is within the Bend Urban Growth Boundary and
is designated on the Bend'Area General Plan as Light Industrial and
General Industrial, with a strip of land being a rock outcropping desig-
nated as an Area of Special Interest.
C) The surrounding land uses are as follows: to the north and east
the land is vacant with scattered junipers and sagebrush, and to the
west is the Brinson Industrial Park. To the south lies the North Unit
Canal. The subject property lies within the largest block of desig-
nated Industrial Land in the Bend Area Urban Growth Boundary.
D) The zone classificationsof the surrounding properties are A-1,
Exclusive Agriculture to the north and east and to the west, M-1,
Light Industrial, and to the south R-1, Residential. The present
52.6 acres, being the subject property's total, is currently zoned
A-1, Exclusive Agriculture.
III. CONCLUSIONARY FINDINGS
A) Conformance with the Comprehensive Plan.
The Hearings Officer has determined that the application is in
conformance with the Bend Area General Plan becuase:
1.) The designation of the property as Light Industrial on the
Bend Area Zoning Map is designated to implement the Comp-
rehensive Plan for the City. Property to the north and
east is vacant but also is designated as Light Industrial.
The designation further supports the Fasano requirement as
to the availability of this property to meet the need for
more industrial land.
2.) The Hearings Officer finds that the Plans for the County
and City of Bend with the policies contained therein have
been satisfactorily complied with.
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 voluminous documentation establishing the existence
of a public need was more than -enough to satisfy this
requirement. Further, the Staff Report of the Planning
Department concurs that the public need can best be met
at this location.
Y
Page 3
File No: Z-79-1
C) Conformance with the Statewide Planning Goals:
VOL
30 fAcE263
The requested rezoning is in conformance with Statewide Planning
Goals which apply.
IV. CONCLUSION and ORDER
It appears to the Board that these factssupport 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 A-1 to M-1 as
shown on the attached map.
Done by the order of the Board of Commissioners this ~i
day of May, 1979, to become effective immediately.
BOARD OF COMMISSIONERS
COMMISSIONER
ORIGINAL: County Clerk
COPIES: Planning Department (3)
County Counsel
Hearings Officer
Assessor
Board of Commissioners
ll-e~% ~~e' 0/p
f,
-PUBLIC KARING
~~1TICE Of
NOTICE IS HEREBY GIVEN THAT THE DESCHUTE COUNTY EARINGS OFFICER
WILL HOLD A PUBLIC HEARING ON
AT AM C i IN R00, i 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 P,ECEIVED.BY THIS DEPARTMENT PRIOR TO
THE HEARING DATE.
i'dOTICE TO MORTGAGEE, LIENHOLDER, VENDOR _OR SELLER: ORS CHAPTER
215 REQUIRES THAT IF YOU RECEIVE THIS-NOTICE, IT I11UST PROIMPTLY
BE FORWARDED TO THE.PURCHASER.
FILE NQ: Z-79-1
APPLICANT: John W. Givens & Robert D. Lowe
PROPOSAL Application for a zone change from A-1, Exclusive
Agriculture to M-1, Light Industrial.
DESCRIPTION:_ Located 1/3 mile East of Boyd Acres Road and
North of and fronting on the COI District North
Canal, and is further described as tax lots 100,
1500 in Section 21, T17S, R12E.
SPECIAL INFORMATION: NONE
1F
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SIG;IATURE OF PLANNi^JG DIPEC. J . 06"\ Hi- =`PRESENITATIVE
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Pul,L.Iciv- IOrJ DATE;