HomeMy WebLinkAboutOrdinances 030-031 - 4-R Equip Zone ChgDeschutes County Board of Commissioners
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of November 22, 2010
DATE: 11/9/10
FROM: Will Groves
CDD x6518
TITLE OF AGENDA ITEM:
Consideration of Second Reading by Title Only on Ordinance 2010-030, Amending Deschutes County
Code 23.24.030 and 23.40.070 and Adding 23.120.110, to Adopt an Exception to Goal 14 and To
Change the Plan Designation for Certain Property From Agricultural Land to Rural Industrial and on
Ordinance 2010-031 Amending Deschutes County Code 18.100.090 and Title 18, the Deschutes
County Zoning Map, to Change the Zone Designation for Certain Property From Exclusive Farm Use
to Rural Residential with a Limited Use Combing Zone To Allow the Storage, Crushing, Processing,
Sale and Distribution of Minerals.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
4-R Equipment, LLC has requested approval of a plan amendment, zone change and goal exception to
redesignate and rezone the subject property from Exclusive Farm Use to Rural Industrial with an
Limited Use Combining Zone allowing the storage, crushing, processing, sale and distribution of
minerals in conjunction with the applicants' operations on adjacent land.
The Board held a de novo public hearing on the subject application on October 18, 2010. At the
hearing, the Board deliberated and voted to approve the subject application. Staff has prepared and
included adopting ordinances.
The Board had a first reading of these ordinances November 1, 2010. Staff notes that these ordinances
need to be read by title and also need to have the third "whereas" clause in each ordinance read. Staff
also notes that the title of Ordinance 2010-031 has been corrected from "Rural Residential" to "Rural
Industrial".
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Motion: Second Reading by Title Only of Ordinance 2010-030 and 2010-031.
ATTENDANCE: Legal, Will Groves
DISTRIBUTION OF DOCUMENTS:
Copy to Will Groves
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
23.24.030 and 23.40.070 and Adding 23.120.110, to
Adopt an Exception to Goal 14 and To Change the
Plan Designation for Certain Property From
Agricultural Land to Rural Industrial
ORDINANCE NO. 2010-030
WHEREAS, 4-R Equipment, LLC proposed a "reasons" exception to Goal 14 and a Plan Amendment to
Deschutes County Code ("DCC") Chapters 23.24, Rural Development, 23.40, Unincorporated Communities,
and 23.120, Goal Exception Statement, to change the comprehensive plan designation of certain property from
Agriculture (AG) To Rural Industrial (RI); and
WHEREAS, after notice was give in accordance with applicable law, public hearings were held on May
11, 2010 and June 8, 2010 before the Deschutes County Hearings Officer and, on July 23, 2010 the Hearings
Officer recommended approval of the exception to Goal 14 and a Plan Amendments; and
WHEREAS, after notice was give in accordance with applicable law, a public hearing was held on
October 18, 2010 before the Board of County Commissioners ("Board"), and
WHEREAS, the Board, after review conducted in accordance with applicable law, approved the Goal
Exception to Goal 14 to change the comprehensive plan designation from Agriculture to Rural Industrial; and,
WHEREAS, Deschutes County Ordinance 2000-017 ordained the Deschutes County Comprehensive
Plan Map to be a component of DCC Title 23 and, therefore, any amendment to the Plan Map is an amendment
to DCC Title 23; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Section 23.24.030, Policies, is amended as described in Exhibit "A,"
attached and incorporated by reference herein with new language underlined and deleted language set forth in
stfilfethreugh
Section 2. AMENDMENT. DCC Section 23.40.070, Rural Industrial, is amended to read as described
in Exhibit "B", attached and incorporated by reference herein with new language underlined and deleted
language set forth in strikethreugh , .
Section 3. ADDING. DCC Section 23.120.110, Rural Industrial Zone, is added as in Exhibit "C" to
except from Goal 14 that certain property described in Exhibit "D," attached and incorporated by reference
herein.
Page 1 of 2 - ORDINANCE NO. 2010-030
Section 4. AMENDMENT. DCC Title 23, The Deschutes County Comprehensive Plan Map, is
amended to change the plan designation for certain property described in Exhibit "D" and depicted on the map
set forth as Exhibit "E", with both exhibits attached and incorporated by reference herein, with both exhibits
attached and incorporated by reference herein, from Agriculture to Rural Industrial.
Section 5. FINDINGS. The Board adopts as its fmdings in support of this decision Exhibit "F," attached
and incorporated by reference herein.
Dated this of , 2010 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
DENNIS R. LUKE, Chair
ALAN UNGER, Vice Chair
Recording Secretary TAMMY BANEY, Commissioner
Date of 15` Reading: day of , 2010.
Date of 2nd Reading: day of , 2010.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Dennis R. Luke
Alan Unger
Tammy Baney
Effective date: day of , 2010.
Page 2 of 2 - ORDINANCE NO. 2010-030
23.24.030. Policies.
The policies needed to accomplish the identified goals were largely developed by the Overall CAC
during its deliberations on the preliminary plan. It was obvious that some policies were needed to
pull the various resource and management chapters together and to fill in some gaps so that an
integrated and cohesive plan was available.
Rural Development policies are meant to pertain to all non- urban areas (areas outside urban growth
boundaries) and are the basic policies to be followed in guiding rural growth. Specific resource or
management policies from other chapters shall augment these policies so that the plan must be
viewed as an integrated whole rather than a series of individual chapters.
• Residential/recreational development.
1. Because 91 percent of the new County population will live inside an urban area, with only
3,039 new rural lots required, and in light of the 17,377 undeveloped rural tracts and lots as
well as the energy, environmental and public service costs, all future rural development will
be stringently reviewed for public need before approval. As a guideline for review if a
study of existing lots within three miles of the proposed development indicates
approximately 50 per cent or more of those lots have not had structures constructed
thereon, then the developer shall submit adequate testimony justifying additional lots in that
area. This will permit development in areas where such is needed (other policies
considering energy, public facilities, safety and other development aspects shall also be
considered) while restricting future division in areas where many undeveloped lots already
exist.
2. To further restrict subdivision outside urban areas the minimum parcel size shall be 10
acres, except where other policies supersede this minimum (see Unincorporated
Communities, Rural Service Centers, Agriculture and Forest Lands).
3. Cluster or planned development offers significant savings to the developer because of
reduced roadway, utility and construction costs. Public costs to serve cluster developments
are also usually lower. Therefore, to encourage cluster and planned developments, rather
than parcelization, the county shall permit smaller lot sizes and the continued use of special
lot size requirements in cluster and planned developments in rural residential exception
areas.
4. Cluster and planned developments shall maintain a minimum of 65 per cent of the land in
open space, forest or agricultural uses compatible with the surrounding area and the
development area. The open space of the development may be platted as a separate parcel
or in common ownership of some or all of the clustered units; however, the open area shall
not be subject to development unless the whole development is brought inside an urban
growth boundary. Also, service connections shall be the minimum length necessary and
underground where feasible. Roads may be private roads and shall meet County standards.
5. Destination resorts are important elements of the local economy. These developments shall
not be permitted in exclusive farm use districts except in EFU-20 and EFU-40 zones
pursuant to the County's Destination Resort Siting Map and Destination Resort Siting
Combining Zone and in forest districts only in the F-2 zone pursuant to the County's
Destination Resort Siting Combining Zone. They may be allowed in the County's rural
areas if compatible with the environmental capabilities of the site, near existing
transportation and utility facilities, consistent with the rural character of the area, and
unlikely to create undue public service burdens.
6. Other than as outlined in Policy 5 and the Goals and Policies set forth for Destination
Resorts, no further recreational (seasonal) subdivision will be approved in rural areas.
7. Parcels legally existing at the time of this plan's adoption shall continue to function as legal
lots and will not be unduly affected by the new lot size.
• Commercial and Industrial Development.
Chapter 23.24 (7/2010)
Page 1 of 2 - Exhibit A to Ordinance 2010-030
8. Within one mile of acknowledged urban growth boundaries, use of the planned or cluster
development concepts shall permit development in Multiple Use Agriculture or Rural
Residential zones (not under a combining zone which would prevent such) with a minimum
lot size or equivalent density of one unit per five acres.
9. Temporary on-site processing and storage of either mineral and aggregate materials or
agricultural products shall be permitted as appropriate, in order to support the continued
productivity of the County's natural resources.
10. Certain industrial uses, such as research and development facilities (requiring quiet and
open surroundings) and manufacturers of hazardous materials (requiring long distances
between the plant and neighbors) are more suitably located in rural areas. The County
shall consider making provision for such uses as the need is found to exist (see Tumalo).
11. Certain industrial uses, such as research and development facilities (requiring quiet and
open surroundings), wrecking or salvage yards and manufacturers of hazardous materials
(requiring long distances between the plant and neighbors) are more suitably located in
rural areas. The County shall consider making provision for such uses as the need is found
to exist (see Tumalo).
12. To ensure that the uses in the Rural Industrial zone on tax lot 16-12-26C-301, as described
in Exhibit "C" and depicted on Exhibit "D," attached to Ordinance 2009-007 and
incorporated by reference herein, are limited in nature and scope, the Rural Industrial
zoning on the subject parcel shall be subject to a Limited Use Combining Zone, which will
limit the uses to storage, crushing, processing, sale and distribution of minerals.
13. To ensure that the uses in the Rural Industrial Zone on Tax Lot 300 on Assessor's Map 16-
12-26C-300 and Tax Lot 203 on Assessor's Map 16-12-26A-300 and portions of Tax Lot
111 on Assessor's Map 16-12-26C-111, as described in Exhibit "D" and depicted in
Exhibit E" attached to Ordinance 2010-030 and incorporated by reference herein, are
limited in nature and scope, the Rural Industrial zoning on the subject parcel shall be
subject to a Limited Use Combining Zone, which will limit the uses to storage, crushing,
processig, sale and distribution of minerals, subject to conditional use and site plan
approval.
14. Because large scale recreation facilities cannot normally be accommodated in urban areas,
uses such as motor cross tracks, rodeo grounds and livestock arenas shall be conditional
uses which may be approved in rural areas adjacent to existing highways and other public
facilities.
(Ord. 2010-030 §1, 2010; Ord. 2009-007 §1, 2009; Ord. 2004-023 §1, 2004, Ord. 2002-001 §2,
2002, Ord. 2002-005 §1, 2002, Ord. 2002-001§2; Ord. 2000-017 §1, 2000; Ord. 92-051, 1992; PL -
20, 1979)
Chapter 23.24 (7/2010)
Page 2 of 2 - Exhibit A to Ordinance 2010-030
23.40.070. Rural Industrial.
The Rural Industrial plan designation is applicable to industrial lands located outside
unincorporated communities and urban growth boundaries. The purpose of the Rural Industrial
designation is to recognize existing industrial uses in rural areas of the county and to allow the
appropriate development of additional industrial uses that are consistent with the rural character,
facilities and services.
A. Periodic Review
In order to comply with state rules for Periodic Review (OAR 660-025), Deschutes
county has reviewed and updated the county comprehensive plan and land use regulations for the
rural industrial sites of: Redmond Military, Deschutes Junction, Bend Auto Recyclers and
Wickiup Junction. OAR 660-022, the State Unincorporated Communities Rule, defines the types
of unincorporated communities and specifies that industrial uses be limited to buildings
containing no more than 10,000 square feet of floor space. Rural industrial uses outside of
unincorporated communities must be less intense than those allowed within an incorporated
community.
B. Rural Industrial Designated Area Descriptions
The Redmond Military site consists of tax lot 1513000000116 and is 35.42 acres, bounded by
the Redmond Urban Growth Boundary to the west and Exclusive Farm Use lands surrounding
the remainder of the property.
The Deschutes Junction site consists of the following tax lots: 161226C000102 (15.61 acres),
bounded by 161226C000111 (6.23 acres) and 161226C000301 (6.12 acres). These tax lot2 are
161226C000107 (9.05 acres), 161226C000106 (4.33 acres), 161226C000102 (1.41 acres),
161226C000114 (2.50 acres), portions 161226C000300 (12.9 acres), 161226C000301 (8.93
acres), 161226A000203 (1.5 Acres) and those portions of 161226A000111 located west of the
Burlington Northern -Santa Fe railroad tracks (16.45 acres). Generally, the Deschutes Junction
site is bordered on the west by_Highway 97, on the east byihe Burlington Northern Railroad, on
the north by Nichols Market Road (except for a portion of 161226A000111)Land on the south
by EFU-zoned property owned by the City of Bend.
Bend Auto Recyclers consists of tax lot 1712030000111 and is 13.41 acres, bounded by
Highway 97 to the west, and Multiple Use Agricultural lands to east, north and south.
Wickiup Junction consists of tax lot 2110360000104 and is 12.67 acres, bounded by Rosland
Road on the southwest with forest lands surrounding the remainder of the property.
C. Policies
1. To assure that urban uses are not permitted on rural industrial lands, land use regulations in
the Rural Industrial zones shall ensure that the uses allowed are less intensive than those
allowed for unincorporated communities in OAR 660, Division 22 or any successor.
2. Limited Use Combining zones shall be applied to the Redmond Military (Tax lot
1513000000116), Deschutes Junction (Tax lot 161226C000301, Tax lot 161226C00300,
Tax lot 161226C00111, and 161226A00203), and Wickiup Junction (Tax lot
2110360000104) to ensure that permitted uses are compatible with surrounding farm and
forest lands.
3. Land use regulations shall ensure that new uses authorized within the Rural Industrial sites
do not adversely affect agricultural and forest uses in the surrounding areas.
4. New industrial uses shall be limited in size to a maximum floor area of 7,500 square feet
per use within a building, except for the primary processing or raw materials produced in
rural areas, for which there is no floor area per use limitation.
Chapter 23.40 (10/2010)
Page 1 of 2 - Exhibit B to Ordinance 2010-030
5. A lawfully established use that existed on or before February 2, 2003, not otherwise
allowed in a Rural Industrial zone, may continue to exist subject to the county's
nonconforming use regulations
6. A lawfully established use that existed on or before February 2, 2003 may be expanded to
occupy a maximum of 10,000 square feet of floor area or an additional 25 percent of the
floor area currently occupied by the existing use whichever is greater.
7. Residential and industrial uses shall be served by DEQ approved on-site sewage disposal
systems.
8. Residential and industrial uses shall be served by on-site wells or public water systems.
9. Community sewer systems shall not be allowed in Rural Industrial zones.
( Ord. 2010-030, §2, 2010, Ord. 2002-126, §1, 2002)
Chapter 23.40 (10/2010)
Page 2 of 2 - Exhibit B to Ordinance 2010-030
23.120.110. Rural Industrial Zone.
In conjunction with approval of PA -08-6, ZC-08-6 for that certain property described in Exhibit
"C" and depicted in Exhibit "D" attached to Ordinance 2009-007 and incorporated by reference
herein, an "irrevocably committed" exception to Statewide Planning Goal 3, Agricultural Lands,
and a reasons exception to Goal 14 was taken to allow for the subject comprehensive plan and zone
change on agricultural land. The plan amendment and zone change will allow Rural Industrial plan
and zoning designation with a Limited Use Combining Zone for the specific use of storage,
crushing, processing, sale and distribution of minerals. Reasons justifying why the state policy
embodied in Goal 3 should not apply in this situation are set forth in Exhibit "E" to Ordinance
2009-007, which findings are incorporated herein.
In conjunction with approval of PA -10-3 and ZC-10-2 for that certain property described in Exhibit
'D' and depicted in Exhibit `E' attached to Ordinance 2010-030 and incorporated by reference
herein, a reasons exception to Goal 14 was taken to allow the Comprehensive Plan and Zone
Change on the subject property. The Plan Amendment and Zone Change will allow Rural Industrial
plan and zoning designation with a Limited Use Combining Zone for the specific use of storage,
crushing, processing, sale and distribution of minerals. Reasons justifying why the state policy
embodied in Goal 14 should not apply in this situation are set forth in Exhibit 'F' to Ordinance
2010-030 which findings are incorporated herein.
(Ord. 2010-030 §3, 2010; Ord. 2009-007 §2, 2009; Ord. 2002-005 §1, 2002; Ord. 2000-017 §1,
2000; Ord. 98-081, 1998)
Chapter 23.120 (10/2010)
Page 1 of 1 - Exhibit C to Ordinance 2010-030
EXHIBIT D — PART 1
A parcel of land containing 12.90 acres, more or Tess, located in a portion of the
Southwest One-quarter (SW1/4) of Section 26, Township 16 South, Range 12
East, Willamette Meridian, Deschutes County, Oregon, being more particularly
described as follows:
Beginning at a point on the south line of said Section 26 which bears North
89°54'41" East a distance of 608.14 feet from the southwest comer of said
Section 26; thence leaving said south section line North 28°09'03" East a
distance of 150.04 feet; thence North 10°57'13" East a distance of 305,24 feet
thence North 49°42'04" West a distance of 167.51 feet thence North 19°31'24"
West a distance of 175.68 feet; thence along a line parallel with and 200 feet
easterly of the east right-of-way line- of the DaIles-Califomia Highway the
following three (3) courses:
North 36°1770" Easta distance of 220.64 feet;
North 16°26'06" East a distance of 220.39 feet;
North 26°22'04" East: a distance of 54.28 feet;
Thence leaving said parallel line North 89°41'27" East a distance of 134.78 feet
to a point on the centerline of the Pilot Butte Canal; thence along said canal
centerline the following five (5) curves:
320.44 feet along a non -tangent curve to the left with a radius of 180.00 feet, the
chord of which bears South 33°30'23" East a distance of 279.77 feet
227.20 feet along the arc of a reverse curve to the right with a radius of 200.00
feet, the chord of which bears South 51°57'43" East for a distance of 215.18 feet;
354.53 feet along the arc of a compound curve to the right with a radius of
1200.00 feet, the chord of which bears South 10°57'12" East for a distance of
353.24 feet;
109.1.9 feet along the arc of a compound curve to the right with a radius of
150.00 feet, the chord of which bears South 18°21151" West for a distance of
106.80 feet;
369.99 feet along the arc of a reverse curve to the left with a radius of 800.00
feet, the chordof which bears South 25°58'08" West for a distance of 366.70 feet
to a point on the south line of said Section 26;
Thence along said south section line South 89°54'41" West a distance of 490.97
feet to the point of beginning, the terminus of this description.
Subject to: All easements, restrictions and right-of-ways of record and those
common and apparent on the land.
June 2, 2010
S:ILand Projects\CASCADE PLIMICEIdocs1100504112.90 ACRE PORTION TL 300.doc
Page 1 of 6 - Exhibit D to Ordinance 2010-030
See attached map titled "EXHIBIT B" hereby incorporated by reference.
8—/9 - iD .
REGISTERED
PROFESS'1131/AL
jAND':.SUR\1EYDR
•••:::,IIREG11111
JULY 17, 86.
PTEI Zd4 ANLEY •18 •
�...: .
'RENE.WAL. DATE, .t2%31/10
•
June 2, 2010
S:1Land Projects\CASCADE PUMICEIdocs1100504112.90 ACRE PORTION TL 300.doc
Page 2 of 6 - Exhibit D to Ordinance 2010-030
EXHIBIT 'B'
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
CHORD
C1
320.44'
180.00'
102'00'01"
S3330'23`E 279.77'
C2
227.20'
200.00'
65V5'21.
.95157'43' 215.18'
C3
354.53'
1200.00'
1655'39"
.91057'12T 35324'
C4
10119'
150.00'
41'42'29"
S1821'51 "W 106.80'
C5
369.99'
800.00'
2829'55"
52558'08"W 386.70'
REGISTERED
PRCFESSIIDNAL
ND SURVEYOR
Ju°Yi aN
PETER A. MANLEY
2214
RENEWAL DATE, 12/31/10
1 "=200FTek
SOUTHWEST
CORNER
SECTION 26,
T16S RI2E,
W.M.
27 26
o�
4, /
/' Ni
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‘ark. CONTAINS
�.i ..24), // �Q? 12.90 AC
/sem, }y
N894127' /
134.78' /
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c.
I
CENTERLINE
OF PILOT
BUTTE CANAL
34 35
/N895441 E
60814'
N8954'41'r
490.97'
/
HWk.1/1011,0
1111U1111.00.11111441,111.11R4
!MW mums..lNC gl.Mtflll
4R ZONE CHANGE EXHIBIT MAP
100504 1290 ACRE EXHIBIT MAP.•DWG
SCALE 1m = 200' !DRAWN BY PAM 1 DATE 06/02/10
SHEET
1/1
Page 3 of 6 - Exhibit D to Ordinance 2010-030
EXHIBIT D — PART 2
Two (2) tracts of land, being portions of Parcel 2 of Deschutes County Partition
Plat No. 2008-41, containing a total of 1.50 acres, more or less, located in a
portion of the North One-half (N1/2) of Section 26, Township 16 South, Range 12
East, Willamette Meridian, City of Bend, Deschutes County, Oregon, being more
particularly described as follows:
Tract 1 -
Beginning at the Center One-quarter comer of said Section 26; thence along the
east -west centerline of said Section 26 North 89°31'44" West a distance of 39.65
feet to a point on the southeasterly right-of-way line of Deschutes Pleasant Ridge
Market Road; thence along said right-of-way line the following two (2) courses
and one (1) curve:
North 28°02'15" East a distance of 437.64 feet;
279.47 feet along the arc of a tangent curve to the right with a radius of 1402.57
feet, the chord of which bears North 33°44'45" East for a distance of 279.01 feet;
North 39°27'15" East a distance of 38.69 feet;
Thence, leaving said right-of-way line, South 61°57'45" East a distance of 54.59
feet to a point on the northeasterly right-of-way line of the Burlington Northern
Railroad; thence along said right-of-way line South 28°02'15" West a distance of
706.19 feet to a point on said east -west centerline of Section 26; thence along
said east -west section centerline North 89°32'30" West a distance of 61.88 feet
to the point of beginning, the terminus of this description.
Contains 1.42 acres, more or Tess.
Tract 2 -
Commencing at a point on the northeasterly right-of-way line of Deschutes
Pleasant Ridge Market Road which bears North 23°17' 45" East a distance of
737.37 feet.from the Center One-quarter comer of said Section 26; thence along
said right-of-way line the following one (1) course and one (1) curve:
South 39°27'15" West a distance of 26.57 feet;
291.43 feet along the arc of a tangent curve to the left with a radius of 1462.57
feet, the chord of which bears South 33°44'45" West for a distance of 290.95
feet;
Thence, leaving said right-of-way line, North 28°02'15" East a distance of 315.55
feet; thence South 61"57'45" East a distance of 34.20 feet to the point of
beginning, the terminus of this description.
Contains 0.08 acres, more or less.
August 16, 2010.
S:1Land Projects\CA$CADE PUMIICEldocs11005041TL203 AND PART TL 111 LEGAL.doc
Page 4 of 6 - Exhibit D to Ordinance 2010-030
TOGETHER WITH: A tract of land, being a portion of Parcel 2 of Deschutes
County Partition Plat No. 2008-41, located in a portion of the South One-half
(S.1/2) of Section 26, Township 16 South, Range 12 East, Willamette Meridian,
City of Bend, Deschutes County, Oregon, being more particularly described as
follows:
Tract 3- Beginning at the Center One-quarter comer of said Section 26; thence
along said east -east section centerline South 89°32'30" East a distance of 61.88
feet to a point on the northwesterly right-of-way line of the Burlington Northern
Railroad; thence along said right-of-way line South 28°02'15" West a distance of
388.10 feet to a point on the northeasterly right-of-way line of Deschutes Market
Road; thence along said northeasterly right-of-way line, North 61°5927" West a
distance of 13.45 feet; thence 120.22 feet along the arc of a tangent curve to the
`right with a radius of 76.51 feet forming the northeasterly intersection of said
northeasterly right-of-way line with the southeasterly right-of-way line of
Deschutes Pleasant Ridge Market Road, the chord of which bears North
16°58'36" West: for a distance of 108.23 feet; thence along said southeasterly
Deschutes Pleasant Ridge Market Road right-of-way line North 28°02'15" East a
distance of 264.59 feet to a point on the east -west centerline of said Section 26;
thence along said east -west section centerline South 89°31'44" East a distance
of 39.65 feet to the point of beginning, the terminus of this description.
Contains 0.72 acres, more or less.
Subject to: All easements, restrictions and right-of-ways of record and those
common and apparent on the land.
See attached map titled "EXHIBIT B", hereby incorporated by reference.
S -/9- (d
.REGIS.TERED
'PROFESSIONAL
AND SURVEYOR
• OREGON
-.JULY '17; 1986
PETER A, MANLEY
a2.T4
RENEWAL DATEr 12/31/10
August 16, 2010
S:\Land PrbjectslCASCADE PUMICEIdocsl1005041TL203 AND PART TL 111 LEGAL.doc
Page 5 of 6 - Exhibit D to Ordinance 2010-030
EXHIBIT 'B'
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
CHORD
C1
279.47'
1402.57'
1125'00"
53344'45"W 279.01'
C2
291.43'
1462.57'
1125'00"
533'44'45"W 290.95'
C3
120.22'
76.51'
90'01'42"
N1658'3614' 108.23'
LINE TABLE
LINE
COURSE
Ll
58931'44"E 39.65'
L2
S3927'15"W 38.69'
L3
N6157'45"W 54.59'
L4
58932'30"E 61.88'
L5
539'27'15"W 26.57'
L6
N615745"W 34.20'
1.7
N615927"W 1.145'
CENTER 1/4 CORNER
SECTION 26, T165,
R12E, Of- FOUND 1"
PIPE= P.O.B. 7RACTS
1 AND 3
4z.
P.O.B. TRACT 2 -
BEARS N23'17'45
737.37 F7. FROM
CENTER 1/4 CORNER
SEC770N 26
6•
ti
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'uryj� j •A
• �•• 4- /
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ei •• 41*3 def
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•
Ie. /•
1[
▪ :1 EAST -WEST
• ' ' ▪ CE7'7ER
J SEC77ON
LINE
POR71ONS OF PARCEL 2,
P.P. NO. 2008-41
PORTION OF PARCEL 2,
P.P. NO. 2008-41
/?-AO
REGISTERED
PROFESSIONAL
AND SURVEYOR
s
RENEWAL DATE. 12/31/10
1" = 200'
HWASIONYVOU.......1161111110
WM" wmwai a •ii0nu¢aa:
31—.—PIM MAIM PM MUSA.
-
4R ZONE CHANGE EXHIBIT MAP
100504/TL 20=,3 AND PART. IL 111.DWG
200' (DRAWN BY: PAM
1 DATE 1 " = 08/19/10 ,
SHEET
1/1
Page 6 of 6 - Exhibit D to Ordinance 2010-030
RREA
AG
Plan Amendment
From AG to RI
TUMALO PL
AG
Plan Amendment
From AG to RI
RI
1?
10 7
AG
Legend
Subject Property
Comprehensive Plan Designation
Agriculture
Open Space & Conservation
Rural Commercial
Rural Industrial
Rural Residential Exception Area
PROPOSED COMPREHENSIVE PLAN MAP
4-R Equipment, LLC & Jack Robinson and Sons, Inc.
Exhibit "E"
to Ordinance 2010-030
0 125 250 500 750
Maa!SFeet Dated this day of October, 2010
Effective Date: October 2010
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Dennis R. Luke, Chair
Alan Unger, Vice Chair
Tammy Baney, Commissioner
ATTEST: Recording Secretary
September 28, 2010
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
18.100.090 and Title 18, the Deschutes County
Zoning Map, to Change the Zone Designation for
Certain Property From Exclusive Farm Use to Rural
Industrial with a Limited Use Combing Zone To
Allowing the Storage, Crushing, Processing, Sale and
Distribution of Minerals.
ORDINANCE NO. 2010-031
WHEREAS, 4-R Equipment, LLC applied for a Deschutes County Comprehensive Plan and Plan Map
amendment and a Deschutes County Code ("DCC") zoning Code Zoning Map amendment to rezone certain
property from Exclusive Farm Use (EFU) to Rural Industrial (RI) with a new Limited Use Combining Zone
(LU); and
WHEREAS, after notice was give in accordance with applicable law, public hearings were held on May
11, 2010 and June 8, 2010 before the Deschutes County Hearings Officer and, on July 23, 2010 the Hearings
Officer recommended approval of the zone change; and
WHEREAS, the Board of County Commissioners considered this matter after a duly noticed public
hearing on October 18, 2010 and concluded that the proposed changes are consistent with the County's
Comprehensive Plan and that the public will benefit from changes to the land use regulations; and
WHEREAS, on this same date, the Board of County Commissioners ("Board") adopted Ordinance
2010-030 amending DCC Title 23, changing the plan designation of the property from Agriculture (AG) to
Rural Industrial (RI); and
WHEREAS, a change to the Deschutes County zoning code and Zoning Map is necessary to implement
the amendment adopted in Ordinance; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDING. DCC 18.100.090, Limited Use Combining Zone — Deschutes Junction, as
described in Exhibit "A," attached and incorporated by reference herein with new language underlined and
deleted language set forth in strikethfettgl3, for the property described in Exhibit `B', attached and incorporated
by reference herein.
Section 2. AMENDMENT. DCC Title 18, Zoning Map, is amended to change the zone designation
from Exclusive Farm Use (EFU) to Rural Industrial (RI) with a new Limited Use Combining Zone (LU) for
certain property described in Exhibit "D" attached to Ordinance 2010-030 and depicted on the map set forth as
Exhibit "B", and incorporated by reference herein.
PAGE 1 OF 2 - ORDINANCE NO. 2010-031
Section 3. FINDINGS. The Board adopts as its findings in support of this decision, Exhibit "F",
attached to Ordinance 2009-030 and incorporated by reference herein.
Dated this of , 2010 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
DENNIS R. LUKE, Chair
ALAN UNGER, Vice Chair
Recording Secretary TAMMY BANEY, Commissioner
Date of 1 s` Reading: day of , 2010.
Date of 2nd Reading: day of , 2010.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Dennis R. Luke
Alan Unger
Tammy Baney
Effective date: day of , 2010.
PAGE 2 OF 2 - ORDINANCE NO. 2010-031
18.100.090 Limited Use Combining Zone — Deschutes Junction
A. For the property at Deschutes Junction that is described in Exhibit "C" and identified on Exhibit
"D", attached to Ordinance 2009-007 and incorporated by reference herein, the storage,
crushing, processing, sale and distribution of minerals and their accessory uses are permitted
outright and do not require site plan review.
B. For the property at Deschutes Junction that is described in Exhibit "D" identified on Exhibit
"E", attached to Ordinance 2010-030 and incorporated by reference herein, the storage,
crushing, processing, sale and distribution of minerals are subject to conditional use and site
plan approval.
(Ord. 2010-031 §_1, 2010; Ord. 2009-008 §2, 2009)
(Zoning Map amended by Ord. 2010-031 §2,210; Ord. 2009-008 §2, 2009; Ord. 95-016 §1, 1995; Ord. 94-
011 §1, 1994)
Chapter 18.100 (10/2010)
Page 1 of 1 - Exhibit A to Ordinance 2010-031
Zone Change From
EFUTRB to RI with
Limited Use Combining
Zone (LU)
Zone Change From
EFUTRB to RI with
Limited Use Combining
Zone (LU)
EFUAL
Legend
Subject Property
County Zoning
EFUAL - Alfalfa Subzone
EFUTRB - Tumalo/Redmond/Bend Subzone
MUA10 - Multiple Use Agricultural
OSSC - Open Space 8 Conservation
I - Rural Industrial
RC - Rural Commercial
eziExisting Limited Use Combining Zone
I® New Limited Use Combining Zone
PROPOSED ZONING MAP
4-R Equipment, LLC & Jack Robinson and Sons, Inc.
Exhibit "B"
to Ordinance 2010-031
125 250 500 750
-eet
September 28, 2010
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTESCOUNTY, OREGON
Dennis R. Luke, Chair
Alan Unger, Vice Chair
Tammy Baney, Commissioner
ATTEST: Recording Secretary
Dated this day of October, 2010
Effective Date: October 2010
DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS
FILE NUMBERS:
DECISION DATE:
APPLICANT/
PROPERTY OWNER:
APPLICANT'S
ATTORNEY:
REQUEST:
STAFF REVIEWER:
HEARING DATE:
RECORD CLOSED:
PA -10-3 and ZC-10-2
November 1, 2010
4-R Equipment, LLC
Jack Robinson and Sons, Inc.
P.O. Box 5006
Bend, Oregon 97708
Sharon R. Smith
Bryant Lovlien & Jarvis PC
591 SW Mill View Way
Bend, Oregon 97702
The applicants request approval of a plan amendment, zone
change, and goal exception to redesignate and rezone the subject
property from EFU to RI with an LU Combining Zone allowing the
storage, crushing, processing, sale and distribution of minerals in
conjunction with the applicants' operations on adjacent land.
Will Groves, Senior Planner
October 18, 2010
October 18, 2010
L APPLICABLE STANDARDS AND CRITERIA:
A. Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance
1. Chapter 18.04, Title, Purpose and Definitions
* Section 18.04.030, Definitions
2. Chapter 18.84, Landscape Management - LM Combining Zone
3. Chapter 18.100, Rural Industrial - RI Zone
* Section 18.100.010, Purpose
4. Chapter 18.112, Limited Use Combining Zone
* Section 18.112.010, Purpose
* Section 18.112.020, Combining Zone Requirements
5. Chapter 18.136, Amendments
* Section 18.136.020, Rezoning Standards
B. Title 22 of the Deschutes County Code, the Development Procedures Ordinance
1. Chapter 22.010, Hearing
2. Chapter 22.020, Notice
C. Title 23 of the Deschutes County Code, the Year 2000 Comprehensive Plan
1. Chapter 23.08, Introduction
Page 1 of 3 — EXHIBIT F TO ORDINANCE 2010-030
* Section 23.08.010, Introduction
2. Chapter 23.20, Comprehensive Planning Process
* Section 23.20.040, Goals and Policies
3. Chapter 23.24, Rural Development
* Section 23.24.020, Goals
* Section 23.24.030, Policies
4. Chapter 23.40, Unincorporated Communities
5. Chapter 23.120, Goal Exception Statement
* Section 23.120.110, Rural Industrial Zone
D. Oregon Administrative Rules, Chapter 660, Land Conservation and Development
Commission
1. Division 4 - Interpretation of Goal 2 Exception Process:
* OAR 660-004-0010, Application of the Goal 2 Exception Process to Certain
Goals
* OAR 660-004-0018, Planning and Zoning for Exception Areas
* OAR 660-004-0020, Goal 2, Part II(c), Exception Requirements
* OAR 660-004-0022, Reasons Exceptions Analysis for Rural Industrial
2. Division 12 - Transportation Planning Rule
* OAR 660-12-0060, Plan and Land Use Regulation Amendments
3. Division 14- Urbanization
* OAR 660-014-0040, Establishment of New Urban Development on
Undeveloped Rural Lands
4. Division 15, State -Wide Planning Goals and Guidelines
* OAR 660-015-000, State-wide Planning Goals and Guidelines No. 1
Through No. 14
* OAR 660-0115-005, State-wide Planning Goal and Guideline No. 15
* OAR 660-015-010, State-wide Planning Goals and Guidelines No. 16
Through NO. 19
II. FINDINGS OF FACT:
The Board of County Commissioners ("Board") adopts and incorporates herein by reference the
findings of fact proposed by the Hearings Officer in the July 23, 2010 decision, as supplemented
herein.
A. Procedural History: On July 23, 2010, the Hearings Officer issued a decision
approving the subject application. Section 22.28.030(C) requires: "[Z]one changes .. .
concerning lands designated for forest or agricultural use shall be heard de novo before
the Board of County Commissioners without the necessity of filing an appeal, regardless
of the determination of the Hearings Officer[.]" Pursuant to that section, the Board held a
de novo public hearing on the subject application on October 18, 2010.
The entire record of the proceeding to date was placed before the Board at the public
hearing, and the Board closed the record at the conclusion of the hearing. At the
hearing, the Board directed the staff and applicants' attorney to prepare findings to
approve the subject application. On November 1, 2010, the Board voted to approve the
subject application and to adopt the Hearings Officer's findings and conclusions, as
supplemented herein.
Page 2 of 3 — EXHIBIT F TO ORDINANCE 2010-030
B. Public Notice and Comments: The Planning Division mailed individual written notice of
the public hearing before the Board to the owners of record of all property located within
750 feet of the subject property. In addition, notice of the public hearing was published
in the "Bend Bulletin" newspaper. No public comment was received in writing. Two
members of the public spoke at the public hearing on the subject application on October
18, 2010. Paul Dewey, representing Central Oregon LandWatch spoke in favor of the
application as it was revised at the hearing in front of the Hearings Officer in response to
issues raised at that hearing. Jan Elrod, a neighbor, testified and raised concerns
regarding air quality and impacts to her property from the industrial use, but did not
oppose the proposal.
The Board concurs with Hearings Officer's conclusion, as supplemented herein.
III. CONCLUSIONS OF LAW:
A. Adoption of Hearings Officer's Conclusions of Law
FINDINGS: The Board adopts and incorporates herein by reference the conclusions of law
proposed by the Hearings Officer in the July 23, 2010, decision, as supplemented herein.
IV. DECISION:
Based on the foregoing Findings of Fact and Conclusions of Law, the Board hereby
APPROVES the Applicant's proposed plan amendment, zone change and "reasons" exception
to Goals 3 and 14, subject to the following conditions of approval included in the July 23, 2010
Hearings Officer's decision:
1. This approval allows on the subject property the storage, crushing, processing,
distribution and sale of minerals. This approval does not allow the batching or blending
of minerals into asphaltic concrete or Portland Cement Concrete.
2. The applicants/owners shall at all times comply with all applicable Oregon Department of
Environmental quality (DEQ) requirements for dust control and all applicable
requirement of the DEQ Air Contaminant Discharge Permit for the crushing equipment
used on the subject property. The applicant/owner shall have dust control measures in
place on the subject property at all times during the months of May through October and
at all times during the operation of crushing equipment.
Page 3 of 3 — EXHIBIT F TO ORDINANCE 2010-030