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33-507-Order Recorded 11/19/1979BEFORE THE BOARD OF COUNTY COMMISSIONERS IN THE STATE OF OREGON FOR THE COUNTY OF DESCHUTES In the Matter of File No.Z-79-7 Zone Change Request by Morrie Barackman from A-1, Exclusive Agricul- ture to C-2, General Commercial VOL 33 FACE 5 i7 F / Zr Ros r od r b aFSchZI, p j9~9 FS CC k 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 Morrie Barackman for a zone change from A-1, Exclusive Agriculture to C-2, General Commercial on Tax Lot 2500 in Section 33, Township 14 South, Range 13 East of the Willamette meridian, and the public hearing a matter of record of the Hearings Officer on June 12, 1979 with the written decision on July 23, 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 re- quested re-zoning establish: Vol 33 FACE 18 Page 2. File No. Z-79-7 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 clas- sification of the particular piece of property in question as compared with other available property. II. Findings of Fact A. Approximately 6 acres, being the northern portion of the 14 acre parcel and being at the southwest corner of the intersec- tion of Canal Boulevard and O'Neil Highways, had a background of commercial use in years past - namely the retailing of feed, grain and other materials. Further, the 8 acres to the south consisted entirely of Class II soils with irrigation rights. After a site review conducted by the Applicant and a member of the Planning Department, it was the Hearings Of- ficer's conclusion to deny the requested rezoning of the en- tire 14 acres, and as an alternative proposal suggested to the Applicant that there be a division of the agricultural land from what was a dormant non-conforming use of a commercial operation. B. Subsequently by written communication the Applicant has amended his request for the rezoning to be applicable only to the six acres and accordingly the Hearings Officer has applied his findings to justify his decision to the six acres. C. There is a meat packing facility located immediately to the north which is an existing valid non-conforming use. To the southwest corner of the intersection of Highway 97 with O'Neil Highway is commercial use as well as the southeast corner of the aforesaid intersection. D. In short, the pattern of commercial development at the inter- sections of Highway 97 and O'Neil Highway and Canal Boulevard and O'Neil Highway is more compatible and consistent with a commercial operation such as planned by the Applicant than to retain it as agricultural land. III. Conclusionary Findings A. The Hearings officer finds that the Applicant has met his bur- den of proof that his proposal is in conformance with the Des- chutes County Comprehensive Plan. 1. The existing Comprehensive Plan appears to designate the subject property as Commercial. The Comprehensive Plan states: VOL 33 PAGE 54.19 Page 3. File No. Z-79-7 "Land should be reserved for commercial development in central urban locations, in urban fringe areas along state highways and County arterial roads to offer flexibility in meeting the expanding demands and opportunities for invest- ment in recreation-oriented commercial activities; the primary functions of commercial areas should be identified." B. The Hearings Officer finds that the proposal is in conformance with the Statewide Planninq Goals. 1. The most applicable is Goal #3, Agricultural Lands, which is answered by reserving the 8 acres of farm land to the south. 2. Goal #9, Economy, is answered by the short-term economical impact of a favorable nature which this operation would bring. It should have no long-term negative economic impact upon surrounding residential property, because the latter is very minimum, most property being presently used in the immediate vicinity for commercial uses. 3. Goal #10, Housing, is answered by the finding that it is difficult to see any detrimental effect upon future housing, in the light of existing land pattern. 4. Goal #12, Transportation, is answered by the removal of a direct access from Highway 97 to access by a secondary road, minimizing any traffic problem now existing with the Applicant's present location. 5. Goal #14, Urbanization; the subject property is within the proposed urban growth boundary for the Redmond area and there is disputed evidence as to whether it will be desig- nated as Commercial. It would appear from the visual in- spection that the property was a non-conforming use for many years. C. The Heari public ne officer finds the or the proposal. icant has demonstrated a 1. The Applicant's business, as proposed, is an irrigation pipe and supply business that serves farmers in Deschutes County. Its present location is a minimum of 3/4 of an acre located south of Redmond and totally inadequate. 2. Although the Applicant's presentation was based on the economics of the owner, and this because of seeking a more desireable location for his customers, the Hearings officer finds that the public need must also be viewed with what provides the safest and most convenient loca- tion for the general public and customers of the pipe and irrigation business. voL 33 FALE 510 Page 4. File No. Z-79-7 3. The ability to make an entrance on to a secondary road such as Canal. Boulevard rather than a direct entrance upon Highway 97 has much to do with providing safety for the public. Direct access from Highway 97 to a com- mercial establishment creates traffic problems that should be avoided if possible. Because this section of O'Neil and Canal Boulevard is approximately 600 feet east of the main intersection of Highway 97 and O'Neil, there is a basic finding favorable to the approval of the rezoning request. 4. Also, the testimony by the Applicant that a majority of the customers of his company own property north of Redmond and that such dictated the location for his expanding business to be on the north end of Redmond and not the south. IV. Conclusion and Order: 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 on the northerly six (6) acres from A-1 to C-2 as shown on the attached map. Done by the order of the Board of Commissioners this JurI4 day of /y.►L/ 1979, to become effective immediately. BOARD OF COMMISSIONERS C ORIGINAL: County Clerk COPIES: Planning Department (3) County Counsel Hearings Officer Assessor Board of Commissioners CJ COMMISSIONER v/ 12, Z, 4W, vo?oe If CO SIGNER r?S f ~,.t ~,,,k ~ ~ .'J'q~ -a~3..-~'~r jr~ .i~~". .y..s.~•, ,{"'r`.~' w ,c + _ - WOT_ICE~,Or.PUBLIC-HEARING`.- NOTICE IS HEREBY GIVEN THAT THE DE CHUTES COUNTY HEARINGS OFFICER WILL HOLD A PUBLIC HEARING ON q. AT AM PM IN 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 DEPART.MEN.T PRIOR TO THE HEARING DATE{ NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS-NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER. FILE NO: Z-79-7 APPLICANT: Morrie Barackman PROPOSAL Application for a zone change from A-1, Exclusive Agriculture to C-2, General Commercial to move an irrigation pipe & supply business to the subject property. DESCRIPTION: Located at the Southwest corner of the intersection of Canal Blvd. and O'Neil Way, and is further des- cribed as tax lot 2500 in Section 33, T14S, R13E. SPECIAL INFORMATION: An exception to LCDC Goal #3, Agricultural Lands is required. . c h 1w., A 1500 41 zs,~ ~ 2za~ 2C-CO !oo 'AREA OF M071 FJ TlOft A•t of V Ali A11) 11 500' 7 no , r. r 110,0 { y t $ {2Zz uco { y z pp s • ~ Vt "t U 2C Ld aj I L ,10'j • *00i1 ~ro i~ 11 t co i5CO1 J SIGNATUR OF PLAN I^J DIRECTOR OR HIS REPRESENTATIVE _ f - PURL ICAT I Ord ATE. ti .