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HomeMy WebLinkAboutOrdinance 004 - Terrebonne Zone ChangeDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of January 23, 2008 DATE: December 31, 2007 FROM: Ruth Wahl Community Development Department 388-6555 TITLE OF AGENDA ITEM: Second reading by title only, and adoption of Ordinance No. 2008-004, approving a zone change from Terrebonne Residential (TeR) to Terrebonne Commercial (TeC). PUBLIC HEARING ON THIS DATE? NO BACKGROUND AND POLICY IMPLICATIONS: The Deschutes County Hearings Officer held a public hearing on September 11, 2007 for ZC-07-4 that included a request by Jack and Janet Abbas and Ike Abbas to approve a zone change from Terreborne Residential (TeR) to Terrebonne Commercial (TeC). The Hearings Officer, On December 4, 2007. approved the Abbas' zone change request subject to one condition requireing a metes and bounds description of the surveyed acreage for the property subject to the zone change. The applicant has complied with the Hearings Officer's condition of approval. FISCAL IMPLICATIONS: NONE RECOMMENDATION & ACTION REQUESTED: The Board adopt the Hearings Officer decision on December 4, 2007 and conduct the second reading and adopt Ordinance No. 2008-004, the zone change from TeR to TeC. ATTENDANCE: Ruth Wahl DISTRIBUTION OF DOCUMENTS: Jack and Janet Abbas PO Box 2147 Terrebonne, OR 97760 Ike Abbas PO Box 2147 Terrebonne, OR 97760 Heidi Kennedy 64180 Old Bend Redmond Highway Bend, OR 97701 Ruth Wahl, Community Development Department Assessor's Office Legal Counsel Community Development Department Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ MEMORANDUM December 17, 2007 To: Deschutes Board of County Commissioners From: Ruth Wahl, Associate Planner Subject: Zone Change for Jack and Janet Abbas and Ike Abbas BACKGROUND The Deschutes County Hearings Officer held a public hearing on September 11, 2007 for AZ -07-4 that included a request by Jack and Janet Abbas and Ike Abbas to approve a zone change from Terrebonne Residential (TeR) to Terrebonne Commercial (TeC). The Hearings Officer's decision, on December 4, 2007, approved the Abbas' request subject to one (1) condition of approval requiring a metes and bounds description of the surveyed acreage calculation for the subject property. This legal description for the County file ZC-07-4 has been provided in compliance with the Hearings Officer's condition of approval. No appeal of the hearings Officer decision was received. The Hearings Officer condition of approval has been complied with. REVIEW In considering all quasi-judicial zone changes on which the Hearings Officer has authority to make a decision, the Board of County Commissioners shall, in the absence of an appeal or review initiated by the Board, adopt the Hearings Officer's decision [See DCC 22.28.030(A)]. No appeal was filed or review initiated by the Board. No argument or further testimony will be taken by the Board. RECOMMENDATION Staff recommends the Board adopt the Hearings Officer's findings and decision, dated December 4, 2007, and approve the zone change from TeR to TeC. REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 18, the Deschutes County Zoning Map, to Change the Zone Designation for Certain Property From Terrebonne Residential (TeR) to Terrebonne Commercial (TeC). * * * ORDINANCE NO. 2008-004 WHEREAS, Jack and Janet Abbas and Ike Abbas applied for a zone change to Title 18, Deschutes County Zoning Map, to rezone certain property from Terrebonne Residential (TeR) to Terrebonne Commercial (TeC); and WHEREAS, The Deschutes County Hearings Officer conducted a Public Hearing on September 11, 2007 to consider the request, and WHEREAS, the Deschutes County Hearings Officer approved the zone change necessary to change the zone and remove the Terrebonne Residential zone by a written decision dated December 3, 2007; and WHEREAS, because no appeal was filed and the Board of County Commissioners ("Board") did not initiate review of the application, pursuant to Deschutes County Code ("DCC") 22.28.030(B), the Board must approve this zone change, which changes the zone; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC Title 18, Zoning Map, is amended to change the zone designation for certain property described in Exhibit "A" and depicted on the map set forth as Exhibit "B", attached and by this reference incorporated herein, from Terrebonne Residential (TeR) to Terrebonne Commercial (TeC). /// PAGE 1 OF 2 - ORDINANCE NO. 2008-004 Section 2. FINDINGS. The Board adopts as its findings in support of this decision, the Decision of the Hearings Officer, attached to Ordinance 2008-004 as Exhibit "D", and by this reference incorporated herein. Dated this day of , 2008 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: DENNIS R. LUKE, CHAIR TAMMY BANEY, VICE CHAIR Recording Secretary MICHAEL M. DALY, COMMISSIONER Date of 1St Reading: day of , 2008. Date of 2nd Reading: day of , 2008. Record of Adoption Vote Commissioner Yes No Abstained Excused Dennis R. Luke Tammy Baney Michael M. Daly _ Effective date: day of , 2008. ATTEST: Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. 2008-004 H•• HICKMAN, WILLIAMS & ASSOCIATES, INC. EXHIBIT A A parcel of land containing 8.17 acres, more or less, located in the Southeast One-quarter (SEI/4) of Section 16, Township 14 South, Range 13 East, Willamette Meridian, Deschutes County, Oregon, being more particularly described as follows: The portion of the plat of 'Hillman' vacated July 3, 1912 as described in deed recorded in Volume 400, Page 2205 of Deschutes County Official Records together with the lands described in quitclaim deed recorded in Volume 2000, Page 12924 of Deschutes County Official Records, all being more particularly described as follows: Beginning at the intersection of the centerline of 12th Street with the south boundary of said Section 16; thence along said centerline North 00°05'05" East a distance of 400.00 feet to a point on the south right-of-way line of 'A' Avenue; thence along said south right-of-way line South 89°53'35" East a distance of 764.09 feet to the westerly right-of-way line of the Burlington Northern Railroad; thence along said westerly right-of-way line North 14°33'46" East a distance of 61.96 feet to the northwest corner of the parcel described in said Volume 2000, Page 12924; thence along the boundary of said Volume 2000, Page 12924 the following three (3) courses: South 89°53'35" East a distance of 103.27 feet; South 75°26'14" East a distance of 50.00 feet; South 14°33'46" West a distance of 462.15 feet to a point on the south boundary of said Section 16; Thence along said south boundary North 89°53'35" West a distance of 815.72 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. 9-/3 -4.7 REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 17, 1986 PETER A. MANLEY 2214 RENEWAL DATE: 12/31/08 September 13, 2007 S:\Land Projects\070906-Abbas Legal\DOCS\070906 Legal Desc.doc 698 NW York Drive • Bend, Oregon 97701-9732 • (541) 389-9351 • Fax (541) 388-5416 EXHIBIT A Ordinance No. 2008-004 NW SMITH ROCK WAY TER- Terrebonne Residential District to TEC- Terrebonne Commercial District PROPOSED ZONING MAP Legend –4 — Railroad Subject Property TER5 - Terrebonne 5 Acre Minimum District EFU - TERREBONNE SUBZONE TEC - Terrebonne Commercial District TER - Terrebonne Residential District 0 File No. Z0417-4 Exhibit "B" to Ordinance 2007-004 200 4012 C4ea bor05.2007 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Michael M. Daly, Chair Dennis R. Luke, Vice Chair Tammy Baney, Commissioner ATTEST Recording Secretary Dated this day of January, 2008 Effective Date: January , 2008 DECISION OF DESCHUTES COUNTY HEARINGS OFFICER FILE NUMBER: APPLICANTS/ PROPERTY OWNERS: APPLICANTS' AGENT: REQUEST: ZC-07-4 Jack and Janet Abbas P.O. Box 2147 Terrebonne, Oregon 97760 Ike Abbas P.O. Box 2147 Terrebonne, Oregon 97760 Heidi Kennedy 64180 Old Bend -Redmond Highway Bend, Oregon 97701 The applicants request approval of a zone change from TeR to TeC for an 8.17 -acre parcel located within the Terrebonne Rural Community. STAFF REVIEWER: Ruth Wahl, Associate Planner HEARING DATE/ RECORD CLOSED: September 11, 2007 I. APPLICABLE STANDARDS AND CRITERIA: A. Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance 1. Chapter 18.66, Terrebonne Rural Community Zoning Districts * Section 18.66.020, Residential (TeR) District * Section 18.66.040, Commercial (TeC) District B. Title 23 of the Deschutes County Code, the Deschutes County Year 2000 Comprehensive Plan 1. Chapter 23.40, Unincorporated Communities * Section 23.40.030, Terrebonne Rural Community C. Oregon Administrative Rules (OAR) Chapter 660, Division 12, Transportation Planning 1. OAR 660-012-0060, Plan and Land Use Regulation Amendments Abbas ZC-07-4 Page 1 of 14 EXHIBIT C Ordinance No. 2008-004 II. FINDINGS OF FACT: A. Location: The subject property has an assigned address of 760 "A" Avenue, Terrebonne, and is further identified as Tax Lots 103 and 2700 on Deschutes County Assessor's Map 14-13-16DD. The property also is identified as (vacated) Blocks 109, 126, 127 and 144 of Hillman town site, and vacated portions of 13th, 14th and 15th Streets. B. Zoning and Plan Designation: Tax Lot 103 is zoned Terrebonne Residential District (TeR). Tax Lot 2700 is zoned TeR and Commercial District (TeC). Both tax lots are designated Commercial Expansion Area on Deschutes County Comprehensive Plan Map for Terrebonne. C. Site Description: The subject property is 8.17 acres in size and roughly rectangular in shape. It abuts "A" Avenue on the north, 12th Street on the west, and the Burlington Northern -Santa Fe (BNSF) railroad right-of-way on the east. The property is generally level and is developed with several structures located near the northeast corner of the property that currently is zoned TeC. These structures are being used for the applicants' well drilling business. In addition, the subject property is developed with a manufactured home located near the northeast corner of the property. D. Surrounding Zoning and Land Uses: Land across "A" Avenue to the north is zoned TeR and developed with single-family dwellings. Land to the east along the BNSF right- of-way is zoned TeC and is developed with the Terrebonne Depot restaurant which was approved following a 2004 zone change (ZC-04-1). Land to the west is zoned TeC and is developed with a variety of commercial uses along US Highway 97. Land to the south is outside the Terrebonne Rural Community and is zoned Exclusive Farm Use-Terrebonne Subzone (EFU-TE) and developed with farm uses and rural residences. E. Procedural History: The subject zone change application was submitted on June 7, 2007 and was accepted by the county as complete on July 9, 2007. Therefore the 150 -day period for issuance of a final local land use decision under ORS 215.477 expires on December 6, 2007. A public hearing on the application was held on September 11, 2007. At the hearing the Hearings Officer received testimony and evidence and closed the evidentiary record. The applicants waived the filing of final argument pursuant to ORS 197.763. As of the date of this decision there remain three days in the 150 -day period. F. Proposal: The applicants request approval of a zone change from TeR to TeC for the majority of the subject property which currently is zoned TeR in order to conform the zoning of the entire property with its commercial plan designation. The applicants have stated they would like the opportunity to develop the property with any allowable commercial use, and may choose to expand their existing well drilling business or develop a recreational vehicle park on the property. However, no commercial development is proposed in conjunction with this zone change application, and site plan review and approval from the Planning Division will be required for any proposed commercial use if the zone change is approved. Abbas ZC-07-4 Page 2of14 G. Public/Private Agency Comments: The Planning Division sent written notice of the applicants' proposal to a number of public and private agencies and received responses from: the Deschutes County Road Department (road department); the Terrebonne Water District; and the Oregon Department of Transportation (ODOT). These comments are set forth verbatim at pages 2-3 of the staff report and are included in the record. II. Public Notice and Comments: The Planning Division mailed individual written notice of the applicants' proposal and the public hearing to the owners of record of all property located within 250 feet of the subject property. In addition, notice of the public hearing was published in the Bend `Bulletin" newspaper, and the subject property was posted with a notice of proposed land use action sign. As of the date the record in this matter closed, the county had received no letters from the public in response to these notices. No members of the public testified at the public hearing. Lot of Record: The staff report states the county recognizes the subject property — Tax Lot 103 and 2700 — as two legal lots of record. Tax Lot 103 is considered a lot of record on the basis of a previously issued conditional use permit for a home occupation (CU -95- 37), and Tax Lot 2700 is considered a lot of record on the basis of a previously issued manufactured home permit (MH14607). III. CONCLUSIONS OF LAW: A. Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance 1. Chapter 18.136, Amendments FINDINGS: The staff report does not address the provisions of this chapter because Section 23.40.30 of the Deschutes County Comprehensive Plan establishes the standards and criteria for rezoning land within Terrebonne from TeR to TeC, and states these standards apply in place of the rezoning standards in Section 18.136.020. Therefore, the Hearings Officer finds the provisions of Chapter 18.136 do not apply to the applicants' proposed zone change. B. Title 23 of the Deschutes County Code, the Deschutes County Year 2000 Comprehensive Plan 1. Chapter 23.40, Unincorporated Communities a. Section 23.40.030, Terrebonne Rural Community * * * B. Land Use Planning * * * 2. Comprehensive Plan Designations. Abbas ZC-07-4 Page 3 of 14 The Deschutes County Comprehensive Plan for the Terrebonne Rural Community has the following five comprehensive plan designations: a. Residential. The land designated Residential on the Terrebonne comprehensive plan map includes the highest density area of Terrebonne, corresponding with the boundary of the old Hillman Plat. It is intended to accommodate higher density residential uses, served by community water. * * * d. Commercial Expansion Area. The Commercial Expansion Area designates the only area for future expansion of the Commercial plan designation and Commercial zoning district. The Commercial Expansion Area is intended for future expansion of the Terrebonne commercial center with a connected road network and good pedestrian access, directed away from the highway to discourage highway strip - commercial development. FINDINGS: As discussed in the Findings of Fact above, the subject property is designated Commercial Expansion Area on the comprehensive plan and has two zoning districts. The majority of the property is zoned TeR, and a very small area is zoned TeC. The property has access from "A" Avenue, a designated rural local road, to 1 Street, a designated rural collector road. In addition, the property abuts the BNSF railroad tracks. The record indicates "A" Avenue is not improved to the county's standards for rural local roads, is not maintained by the county, and currently has a single -lane dirt surface. In addition, the record indicates the road crosses an 18 -foot -wide irrigation canal. However, as discussed in the findings below, the proposed zone change will not itself have any traffic impacts on "A" Avenue or other Terrebonne streets. 3. Land Use Policies. a. General Land Use Policies. 2. County plans and land use regulations shall ensure that new uses authorized within the Terrebonne Rural Community do not adversely affect agricultural uses in the surrounding Exclusive Farm Use Abbas ZC-07-4 Page 4 of 14 (EFU) zones. Zoning regulations shall require any new structure on land contiguous to EFU-zoned land which is receiving special assessment for farm use to set back 100 feet from the common property line. FINDINGS: The record indicates the abutting property to the south is zoned EFU-TE and therefore any new structure on the subject property must be set back at least 100 feet from the southern property line. However, no new structures are proposed with this zone change. c. Commercial Area Policies. 1. Allow small-scale, low -impact commercial and industrial uses in conformance with the requirements of OAR Chapter 660, Division 22, and larger commercial uses, if such uses are intended to serve the community and the surrounding rural area or the travel needs of the people passing through the area. * * * 3. Design standards in the commercial districts should encourage new development that is compatible with the rural character of the commercial district. 4. Where there is a choice to use a road other than 97 for access, access shall not be taken from Highway 97. 7. Stand-alone residential uses or residences in conjunction with uses listed in the commercial districts shall be allowed, but they are not intended to predominate or set the development standards for other uses in the area. 8. Land divisions or replatting for residential purposes shall not be allowed in the commercial districts. Abbas ZC-07-4 Page 5 of 14 9. Livestock shall not be permitted in the commercial districts. FINDINGS: The Hearings Officer finds these policies address land divisions and specific types of uses on commercial -zoned land in Terrebonne, and therefore do not apply to this zone change application. As discussed in the Findings of Fact above, the applicants have stated that if the proposed zone change is approved they may seek to develop the subject property with an RV park, and have submitted a Traffic Impact Analysis (traffic study) for an RV park. However, future development of the subject property is not before me in this proceeding. d. Commercial expansion area policies. 1. The Commercial or Commercial -Rural plan designations shall not expand on the west side of Highway 97. 2. The area designated Commercial shall only expand to the designated Commercial Expansion Area on the Terrebonne comprehensive plan map (See Map B1). No expansion of the Commercial Expansion Area shall be considered until next periodic review. 3. Rezoning the Commercial Expansion Area from Residential District to Commercial District shall be allowed only if no land currently zoned Commercial District can reasonably accommodate the proposed use. FINDINGS: The subject property is located on the east side of Highway 97 within the Terrebonne Commercial Expansion Area. The applicants' proposed zone change would not expand the area within Terrebonne designated commercial. The applicants' burden of proof argues their proposed zone change satisfies the requirement in Paragraph (d)(3) for the following additional reasons: "[T]here is only one vacant property currently zoned commercial that is left in the Terrebonne community that is currently available for commercial expansion or development. The property is identified on Assessor's Map 14-13-16, as tax lot 1301 and is further identified as 8715 11" Street. Due to the applicant's expanding business and their desire to stay in the Terrebonne community they see no practical alternative but to expand from their existing parcel especially given the fact that it is already within the Commercial Expansion Area and has the physical size to accommodate their future business growth." Abbas ZC-07-4 Page 6of14 The Hearings Officer finds that under the circumstances presented here, where the portion of the subject property zoned TeC already is developed with commercial activity consisting of the applicants' well -drilling business, and the applicants propose to expand that business as well as to undertake additional commercial ventures, they have demonstrated "no land currently zoned Conunercial District can reasonably accommodate the proposed use." 4. Rezoning the Commercial Expansion from Residential District to Commercial District may be done without a Plan Amendment and shall be allowed only if the Terrebonne Domestic Water District facilities provide, or will provide, adequate water quantity and pressure for commercial or domestic use to serve the area being rezoned; and the road rights of way serving the area being rezoned have been, or will be, improved to applicable county right of way standards for the Terrebonne Rural Community. An applicant for a zone change must be able to demonstrate that: Road right of way improvements and public water facilities to the property are in place or will be in place when the development occurs; or ii. Road right of way improvements and public water facilities to the property are under construction when a permit is issued; or iii. Road right of way improvements and public water facilities to the property have been in a local government or special district budget. These standards shall apply in place of the county standards for rezoning contained in Title 18, section 18.136.020 of the Deschutes County Code. FINDINGS: 1. Water. The applicants submitted as part of their burden of proof for the proposed zone change a copy of the "Verification of Domestic Water Source for Properties in Abbas ZC-07-4 Page 7 of 14 Water Districts" form signed by the manager of the Terrebonne Domestic Water District. This document states in pertinent part: "The Terrebonne Domestic Water District has been requested to provide a letter regarding waterline capacity on A Avenue in Terrebonne for future development. The subject property is 760 A Avenue. The waterline in A Avenue is an 8" waterline that is part of the main supply grid in Terrebonne. This waterline should be adequate for most residential or commercial uses allowed in this area. " (Emphasis added.) Paragraph (d)(4) establishes the requirement that must be met for a zone change as demonstrating that the Terrebonne Water District "will provide adequate water quantity and pressure for commercial or domestic use" (emphasis added). The above -underscored language in the Terrebonne Water District's letter provides less than an unqualified certification that sufficient water capacity will be available for commercial development on the subject property. Nevertheless, the Hearings Officer finds this language is sufficient to meet the applicants' burden of proof because, with few exceptions, the commercial uses permitted in the TeC Zone under Section 18.66.040 of the zoning ordinance require site plan and/or conditional use approval requiring additional scrutiny concerning the availability and adequacy of infrastructure. In particular, Section 18.66.040(C) lists "recreational vehicle park" as a conditional use in the TeC Zone subject to both site plan review and compliance with the conditional use approval criteria in Chapter 18.128 of the zoning ordinance. For the foregoing reasons, the Hearings Officer finds the applicants have met their burden of demonstrating public water facilities are in place to the subject property in the form of the existing 8 -inch water line in "A" Avenue. 2. Roads. As discussed in the findings above, "A" Avenue is a designated rural local road but currently is not improved to the county's standards for rural local roads and consists of a one - lane dirt road. In its comments on the applicants' proposed zone change, the road department stated: "[The applicants] will be required to improve A Avenue to the standards outlined in DCC 17.48, Table A, Terrebonne unincorporated Community, Local Commercial, TeC, which will include paving the road to a width of 24 feet with 2 foot gravel shoulders. Typical section of the road will be 3 inches of A.C. on top of 8 inches of aggregate base. A five foot property tight sidewalk and drainage swale is also required. The crossing over the canal will have to be reconstructed to provide a width of 24 feet versus the 18 feet." The Hearings Officer interprets the road department's comments to mean any future commercial development of the subject property following the proposed zone change will be subject to a condition of approval requiring the applicants or their successors to improve "A" Avenue to the county's standards for rural local roads. Based on these comments, I find the applicants have met their burden of demonstrating road right-of-way improvements will be in place when the future commercial development occurs. Abbas ZC-07-4 Page 8 of 14 C. Public Facility Planning. * * * 2. Public Facility Policies. * * * b. Water Facility Policies. * * * 2. The county shall support improvement of the community water system to meet health and safety needs. * * * 4. New uses or expansion of existing uses requiring land use approval in the Terrebonne Domestic Water District service area shall be approved only upon confirmation from the District that the District can provide water for domestic or commercial uses to the property. FINDINGS: As discussed in the findings above, the Terrebonne Water District has submitted a letter stating its existing 8 -inch water line in "A" Avenue will be sufficient to provide adequate water quantity and pressure to serve domestic and commercials uses on the subject property. c. Sewer facility policies. 1. Only uses and densities that can be served by a DEQ [Department of Environmental Quality] approved on: ite sewage disposal system shall be allowed in the Terrebonne Rural Community until such time as a community sewer system is available. FINDINGS: The applicants' burden of proof acknowledges that any future residential or commercial development of the subject property following the proposed zone change from TeR to TeC will be subject to compliance with all requirements of the DEQ and the county's Environmental Health Division. D. Transportation Planning. Abbas ZC-07-4 Page 9 of 14 * * * 4. Transportation Policies. a. Road Network Policies. 1. Roads. v. Existing road rights of way shall be preserved. FINDINGS: The applicants do not propose any changes to the "A" Avenue right-of-way. viii. Commercial uses that generate more than 20 vehicle trips to and from the premises, including automobiles, truck -trailers and other heavy equipment, during the peak hour of the day, shall demonstrate that the affected roads are adequate to serve the proposed use, considering the function, capacity and level of service of those roads. FINDINGS: The Hearings Officer finds the applicants' proposed zone change from TeR to TeC for the majority of the subject property will not, in and of itself, have any impacts on affected transportation facilities. However, because the applicants have stated their interest in developing the subject property with an RV park following approval of the proposed zone change, they submitted a traffic study for development of 200 -space RV park.' The traffic study is dated August 2007 and was prepared by Sage Engineering Associates LLC. The study predicts a 200 - space RV park would generate 824 ADTs, of which 46 trips would use the intersection of 11th Street and Highway 97. The traffic study concluded the intersection of "A" Avenue and 11th Street would operate at Level of Service (LOS) B, and the intersection of "A" Avenue and the RV park driveway would operate at LOS A with the additional of traffic generated by the RV park.2 The traffic study also concluded these intersections would meet minimum intersection i Section 17.16.115 of the subdivision ordinance requires a traffic study if a proposed development will generate more than 100 average daily vehicle trips (ADTs) per day or requires a zone change. 2 The Hearings Officer is aware the Institute of Transportation Engineers recognizes six levels of service for intersection performance, ranging from LOS A to LOS F, with LOS A representing the highest level of service with minimal delays and LOS F representing the lowest level of service with serious delays. Abbas ZC-07-4 Page 10 of 14 sight distance standards and therefore no turn lanes would be required. Finally, the traffic study concluded that traffic generated by a 200 -space RV park "will not cause any significant additional safety or capacity problems to Deschutes County's transportation system." The staff report states the county's Senior Transportation Planner Peter Russell and County Engineer George Kolb both concluded the applicants' traffic study was adequate for a proposed 200 -space RV park, but any other proposed use with higher traffic generation would require another traffic study. In addition, they noted that because 11t Street intersects with Highway 97 west of the subject property ODOT would have to review any proposed RV park for traffic impacts on that intersection. In an electronic mail message dated September 10, 2007, James R. Bryant of ODOT stated the agency had no concerns about the proposed zone change because the 46 trips the applicants' traffic study predicts would use the 11th Street/Highway 97 intersection falls below the 50 -trip threshold for ODOT to require a more extensive traffic analysis. Based on the applicants' traffic study for a 200 -space RV park, and the county's comments on that report, the Hearings Officer fmds the applicants have met their burden of demonstrating "the affected roads are adequate to serve the proposed use, considering the function, capacity and level of service of those roads." 2. Sidewalks and bicycle facility policies. i. Provide functional, cost effective sidewalks that are in keeping with the rural character of the community. ii. Provide sidewalks where they are warranted for pedestrian safety, as set forth in Map D3. iii. Where sidewalks are specified along county public roads, they shall be constructed without curbs and gutters, set back from the road surface behind a drainage swale at a distance from property lines to allow room for utilities. iv. Sidewalks identified on Map D3 shall be constructed either at the time of development, subject to site plan review, or later through formation of a local improvement district (LID). Applicants for conditional use permits or site plan approval electing to defer Abbas ZC-07-4 Page 11 of 14 constructing sidewalks, shall be required to submit and have recorded in the County Clerk's office a waiver of remonstrance, signed by the land owner. The waiver shall waive the land owner's right to have his/her objection count against the formation of an LID. FINDINGS: The road department's comments state the applicants will be required to install five -foot -wide property -tight sidewalks along "A" Avenue when it is improved to the county's standards for rural local roads in conjunction with commercial development on the subject property. b. Road Development Standards Policies. 2. The county shall implement road development standards for the Terrebonne community that minimize pavement width and are consistent with the operational needs of the transportation facility. 3. Specific road, bicycle and pedestrian facility improvement projects for the Terrebonne community are listed in Tables D2, D3 and D4 respectively. The projects are ranked high, medium and low priority based on perceived need. These priorities shall be flexible to take advantage of development opportunities and funding. FINDINGS: The road standards for Terrebonne are listed on Table 18.66-A of Title 18. Table D3 lists the areas proposed for sidewalks, and Table D4 lists the areas for shoulders along roads. As discussed above, the Hearings Officer has found that at the time of commercial development of the subject property following approval of the proposed zone change, the applicants will be required to improve "A" Avenue to the county's standards for rural local roads. For the foregoing reasons, the Hearings Officer finds the applicants' proposed zone change from TeR to TeC for the majority of the subject property satisfies all applicable requirements in Section 23.40.030. Abbas ZC-07-4 Page 12 of 14 C. Oregon Administrative Rules (OAR), Chapter 660 1. Division 12, Transportation Planning a. OAR 660-012-0060, Plan and Land Use Regulation Amendments (1) Where an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulations would significantly affect an existing or planned transportation facility, the local government shall put in place measures as provided in section (2) of this rule to assure that allowed land uses are consistent with the identified function, capacity, and performance standards (e.g. level of service, volume to capacity ratio, etc.) of the facility. A plan or land use regulation amendment significantly affects a transportation facility if it would: (a) (b) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors on an adopted plan); Change standards implementing a functional classification system; or (c) As measured at the end of the planning period identified in the adopted transportation system plan: (A) Allow land uses or Ievels of development that would result in types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; CB) Reduce the performance of an existing or planned transportation facility below the minimum acceptable performance standards identified in the TSP or comprehensive plan; or (C) Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the TSP or comprehensive plan. FINDINGS: The Hearings Officer finds the Transportation Planning Rule (TPR) applies to the applicant's proposed zone change because it involves an amendment to the county's zoning Abbas ZC-07-4 Page 13 of 14 ordinance and map. I have found the proposed zone change from TeR to TeC, in and of itself, will have no impact on affected transportation facilities. However, as discussed above, the applicants have indicated their desire to develop the subject property with a 200 -space RV park if their proposed zone change is approved, and they submitted a traffic study for such development that shows it will not cause safety or capacity problems to the affected transportation system. Based on these findings, incorporated by reference herein, I also find from the applicants' traffic study that the applicants' proposed zone change will not significantly affect an existing or planned transportation facility. 2. Division 15, Statewide Planning Goals and Guidelines FINDINGS: The applicants' burden of proof and the staff report address the statewide goals and guidelines. However, the Hearings Officer finds the goals do not apply to the applicants' proposal because it does not involve a plan amendment, and because their proposed zone change is being reviewed under the provisions of the county's comprehensive plan which is acknowledged as in compliance with the goals and guidelines. Therefore, I will not address the goals and guidelines in OAR Division 15. IV. DECISION: Based on the foregoing Findings of Fact and Conclusions of Law, the Hearings Officer hereby APPROVES the applicants' proposed zone change from TeR to TeC for the majority of the subject property, SUBJECT TO THE FOLLOWING CONDITION OF APPROVAL: 1. Prior to the hearing before the Deschutes County Board of Commissioners to consider approval of the proposed zone change, the applicants/owners shall submit to the Planning Division a metes and bounds description of, and surveyed acreage calculation for, the portion of the subject property subject to the zone change. Dated this 3 u Slay of December, 2007. Mailed this -1 day of December, 2007. • hi_ Karen H. Green, Hearings Officer Abbas ZC-07-4 Page 14 of 14 Community Development Department Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ DESCHUTES COUNTY PLANNING DIVISION STAFF REPORT FILE NUMBER: ZC-07-4 HEARING DATE: APPLICANT/ PROPERTY OWNER: REQUEST: Wednesday, September 11, 2007, 6:30 p.m., in the Barnes and Sawyer Rooms, Deschutes Services Center, 1300 NW Wall St., Bend, Oregon Jack and Janet Abbas P.O. Box 2147 Terrebonne, OR 97760 Ike Abbas P.O. Box 2147 Terrebonne, OR 97760 The applicant is requesting a zone change from Terrebonne Residential (TeR) to Terrebonne Commercial (TeC) district, within the Terrebonne Rural Community. STAFF CONTACT: Ruth Wahl, Associate Planner I. APPLICABLE CRITERIA: Title 18, the County Zoning Ordinance, of the Deschutes County Code. Chapter 18.66, Terrebonne Rural Community Zoning Districts 18.66.020, Residential (TeR) District 18.66.040, Commercial (TeC) District Deschutes County Year 2000 Comprehensive Plan Chapter 23.28, Terrebonne Rural Community 23.28.010, Terrebonne Rural Community, Subsection B, Land Use Planning OAR Chapter 660, Division 12 660-012-0060, Plan and Land Use Regulation Amendments Quality Services Performed with Pride II. FINDINGS OF FACT: A. LOCATION: The subject property is located adjacent to A Avenue and the railroad tracks and is identified on County Assessor's map 14-13-16DD, tax lot 103 and 14-13- 16DC, tax lot 2700. The address for the site is760 A Avenue, Terrebonne. B. ZONING AND PLAN DESIGNATION: The subject property is zoned both Terrebonne Commercial (TeC) and Terrebonne residential district (TeR). It is designated Commercial Expansion Area on the comprehensive plan map for Terrebonne. C. LOT OF RECORD: The property identified as Tax lot 2700 is recognized as a legal lot of record pursuant to Deschutes County Conditional Use Permit CU -95-37 and the property identified as 103 is a legal lot of record pursuant to a manufactured home permit being issued (MH14607). D. SITE DESCRIPTION: The subject 8.17 -acre parcel is bordered by A Avenue to the north and the Burlington Northern Railroad right of way to the east. The property is generally flat and contains several structures in the northwest corner of the property currently zoned Commercial (TeC). These buildings are being used for well drilling business and there is a single family dwelling located on the property as well. There is also a manufactured home in the eastern portion of the property. E. SURROUNDING ZONING AND LAND USE: The subject property is currently zoned both commercial and residential. The existing commercial portion of the property is that portion on the westerly boundary and consists of approximately 0.018 acres. The property across A Avenue to the north is zoned Terrebonne Residential. There is also a property along the railroad right of way which is zoned commercial and is the site of the Terrebonne Depot Restaurant (ZC-04-1). To the south properties are not within the Terrebonne Rural Community and are zoned for farm use (EFU-TE). The subject property is located within the Commercial Expansion Area designated on the comprehensive plan map. Land use in the area includes single-family dwellings within the Terrebonne rural community, as well as commercial uses near Highway 97 and 11th Avenue. There are also residences and some farming occurring on the EFU-zoned farm land to the east and south. The railroad tracks run in a north -south direction through this area. Additionally, Highway 97 also runs in a north -south direction in this area. F. PROPOSAL: The applicant is requesting approval of a zone change from Terrebonne residential district to Terrebonne commercial district on the residential portion of the subject property. The applicant is requesting that the Hearings Officer review this proposal assuming the property could be developed with any commercial use allowed outright or conditionally in the TeC zone. The applicant suggests that they may be intending to construct a building to house their expanding well drilling business, or to develop a Recreational Vehicle Park on the site. Site plan review and approval from the Planning Division will be required for any proposed use if the zone change is approved. ZC-07-4 2 The applicant has submitted a burden of proof statement as part of the zone change application. These documents are incorporated herein by reference and are part of the overall zone change file. G. PUBLIC COMMENTS: The Planning Division mailed notice of the proposed zone change to the owners of all property located within 250 feet of the subject property and published a notice in the Bend Bulletin on August 26, 2007. The applicant posted a land use action sign on the property on August 1, 2007. H. AGENCY COMMENTS: Staff received the following comments: Terrebonne Domestic Water District: The Terrebone Domestic Water District has been requested to provide a letter regarding waterline capacity on A Avenue in Terrebonne for future development. The subject property is 760 A Avenue. The waterline in A Avenue is an 8" waterline that is part of the main supply grid in Terrebonne. This waterline should be adequate for most residential or commercial uses allowed in this area. Deschutes County Road Department: • A Avenue is a local road in Terrebonne that is not maintained by Deschutes County from the end of the bank property to the east. There is a canal crossing that is approximately 18 feet in width and the roadway is a single lane dirt road. • According to DCC 23.40.030 (B) (3) (d) (4) (i), Rezoning the Commercial Expansion from Residential District to Commercial District may be done without a Plan Amendment and shall be allowed only if the Terrebonne Domestic Water District facilities provide, or will provide, adequate water quantity and pressure for commercial or domestic use to serve the area being rezoned; and the road rights of way serving the area being rezoned have been, or will be, improved to applicable County right of way standards for the Terrebonne Rural Community. An applicant for a zone change must be able to demonstrate that: i. Road right of way improvements and public water facilities to the property are in place or will be in place when the development occurs. • Based on DCC 23.040.030, when the applicant comes in to develop the property, they will be required to improve A Avenue to the standards outlined in DCC 17.48, Table A, Terrebonne Unincorporated Community, Local Commercial, TeC, which will include paving the road to a width of 24 feet with 2 foot gravel shoulders. Typical section of the road will be 3 inches of A.C. on top of 8 inches of aggregate base. A five foot property tight sidewalk and drainage swale is also required. The crossing over the canal will have to be reconstructed to provide a width of 24 feet versus the 18 feet. J. REVIEW PERIOD: The zone change application was submitted on June 7, 2007. It was accepted for review on July 9, 2007. The 150 -day review period for the proposed zone change application thus ends on December 6, 2007. III. CONCLUSIONARY FINDINGS: ZC-07-4 3 A. CHAPTER 18.66, TERREBONNE RURAL COMMUNITY ZONING DISTRICTS FINDING: The applicant is requesting a zone change from the residential district to a commercial district for the subject 8.20 -acre parcel. The uses allowed in both zoning districts are listed under sections 18.66.020 and 18.66.040 of Chapter 18.66, respectively. The applicants are unsure exactly how they will develop the property. They are requesting that the Hearings Officer review the proposed zone change assuming the property could be developed with any commercial use allowed outright or conditionally in the TeC zone. The applicant then goes on to suggest that if the zone change was approved the property may be developed with their well drilling business or a recreational vehicle park. The Burden of Proof is directed to these scenarios. If the zone change request is approved, and the applicant goes forward with the recreational vehicle park, a conditional use permit and site plan review approval is required. Staff is not clear wheather the existing well drilling business is allowed in the TeR or TeC zones and may be a nonconforming use.. Staff Note: Chapter 18.136, Amendments, of Title 18 is not being addressed, per policy number 3(d)(4) of the Terrebonne Rural Community section of the comprehensive plan, listed below. 4. Rezoning the Commercial Expansion from Residential District to Commercial District may be done without a Plan Amendment and shall be allowed only if the Terrebonne Domestic Water District facilities provide, or will provide, adequate water quantity and pressure for commercial or domestic use to serve the area being rezoned; and the road rights of way serving the area being rezoned have been, or will be, improved to applicable county right of way standards for the Terrebonne Rural Community. An applicant for a zone change must be able to demonstrate that: B. DESCHUTES COUNTY COMPREHENSIVE PLAN Chapter 23.40.030, Terrebonne Rural Community 23.40.030, Terrebonne Rural Community B. Land Use Planning 2. Comprehensive Plan Designations. The Deschutes County Comprehensive Plan for the Terrebonne Rural Community has the following five comprehensive plan designations: a. Residential. The land designated Residential on the Terrebonne comprehensive plan map includes the highest density area of Terrebonne, corresponding with the boundary of the old Hillman Plat. It is intended to accommodate higher density residential uses, served by community water. ZC-07-4 4 d. Commercial Expansion Area. The Commercial Expansion Area designates the only area for future expansion of the Commercial plan designation and Commercial zoning district. The Commercial Expansion Area is intended for future expansion of the Terrebonne commercial center with a connected road network and good pedestrian access, directed away from the highway to discourage highway strip - commercial development. FINDING: The subject property is currently zoned residential district (TeR) with a small portion zoned commercial district (TeC), and is located within the designated commercial expansion area. The access to the subject property will be off of A Avenue then to 11th Street, which is a rural collector. The property is located immediately adjacent to the railroad tracks and is the parcel located furthest east in the designated commercial expansion area from Highway 97 along A Avenue. A Avenue is classified as a local road and is currently a dirt road. The roadway consists of a single travel lane. The applicants are not intending to improve the roadway at this time. A local improvement district will need to be formed or the road be improved as properties are developed or redeveloped. 3. Land use policies. a. General land use policies. 2. County plans and land use regulations shall ensure that new uses authorized within the Terrebonne Rural Community do not adversely affect agricultural uses in the surrounding Exclusive Farm Use (EFU) zones. Zoning regulations shall require any new structure on land contiguous to EFU-zoned land which is receiving special assessment for farm use to set back 100 feet from the common property line. FINDING: The subject property abuts property to the south which is zoned EFU-TE, therefore any new structure on the subject property will be required to be setback 100 feet from the south property line. c. Commercial area policies. 1. Allow small-scale, low -impact commercial and industrial uses in conformance with the requirements of OAR Chapter 660, Division 22, and larger commercial uses, if such uses are intended to serve the community and the surrounding rural area or the travel needs of the people passing through the area. 3. Design standards in the commercial districts should encourage new development that is compatible with the rural character of the commercial district. 4. Where there is a choice to use a road other than 97 for access, access shall not be taken from Highway 97. ZC-07-4 5 7. Stand-alone residential uses or residences in conjunction with uses listed in the commercial districts shall be allowed, but they are not intended to predominate or set the development standards for other uses in the area. 8. Land divisions or replatting for residential purposes shall not be allowed in the commercial districts. 9. Livestock shall not be permitted in the commercial districts. FINDING: The applicant is proposing the possibility of a recreational vehicle park on the property. Staff believes that it would serve the community and the travel needs of the people passing through the area. It would be consistent with the character of the area. The only access to the property is from A Avenue to 11th Street which avoids any need to access or cross Highway 97. The applicants have supplied a Traffic Impact Analysis for the proposed RV park. The applicant is not proposing any division of land or replatting of the lots, and the applicant is also not proposing any livestock on the property. d. Commercial expansion area policies. 1. The Commercial or Commercial -Rural plan designations shall not expand on the west side of Highway 97. 2. The area designated Commercial shall only expand to the designated Commercial Expansion Area on the Terrebonne comprehensive plan map (See Map B1). No expansion of the Commercial Expansion Area shall be considered until next periodic review. 3. Rezoning the Commercial Expansion Area from Residential District to Commercial District shall be allowed only if no land currently zoned Commercial District can reasonably accommodate the proposed use. FINDING: The subject property is located on the east side of Highway 97 within the area designated on the comprehensive plan map as the commercial expansion area. The applicant currently owns the property and commercial activity currently takes place on that portion of the property zoned TeC. The applicants contend that,: "there is only one vacant property currently zoned commercial that is left in the Terrebonne community that is currently available for commercial expansion or development. The property is identified on Assessor's Map 14-13-16, as tax lot 1301 and is further identified as 8715 11th Street. Due to the applicant's expanding business and their desire to stay in the Terrebonne community they see no practical alternative but to expand from their existing parcel especially given the fact that it is already within the Commercial Expansion Area and has the physical size to accommodate their future business growth." 4. Rezoning the Commercial Expansion from Residential District to Commercial District may be done without a ZC-07-4 6 Plan Amendment and shall be allowed only if the Terrebonne Domestic Water District facilities provide, or will provide, adequate water quantity and pressure for commercial or domestic use to serve the area being rezoned; and the road rights of way serving the area being rezoned have been, or will be, improved to applicable county right of way standards for the Terrebonne Rural Community. An applicant for a zone change must be able to demonstrate that: i. Road right of way improvements and public water facilities to the property are in place or will be in place when the development occurs; or ii. Road right of way improvements and public water facilities to the property are under construction when a permit is issued; or Road right of way improvements and public water facilities to the property have been in a local government or special district budget. These standards shall apply in place of the county standards for rezoning contained in Title 18, section 18.136.020 of the Deschutes County Code. FINDING: The applicant has applied for the zone change, without the necessity of a plan amendment, as allowed above. The applicant has submitted a copy of the "Verification of Domestic Water Source for Properties in Water Districts" form signed by the manager of the Terrebonne Domestic Water District. The certification form states the following: "The Terrebonne Domestic Water District has been requested to provide a letter regarding waterline capacity on A Avenue in Terrebonne for future development. The subject property is 760 A Avenue. The waterline in A Avenue is an 8" waterline that is part of the main supply grid in Terrebonne. This waterline should be adequate for most residential or commercial uses allowed in this area." The Deschutes County Road Department has sent a transmittal response indicating that the applicants "will be required to improve A Avenue to the standards outlined in DCC 17.48, Table A, Terrebonne unincorporated Community, Local Commercial, TeC, which will include paving the road to a width of 24 feet with 2 foot gravel shoulders. Typical section of the road will be 3 inches of A.C. on top of 8 inches of aggregate base. A five foot property tight sidewalk and drainage swale is also required. The crossing over the canal will have to be reconstructed to provide a width of 24 feet versus the 18 feet." As indicated in a foregoing finding, the standards under section 18.136.020 are not required to be addressed as outlined in policy #4 above. C. Public facility planning. 2. Public facility policies. ZC-07-4 7 b. Water facility policies. 2. The county shall support improvement of the community water system to meet health and safety needs. 4. New uses or expansion of existing uses requiring land use approval in the Terrebonne Domestic Water District service area shall be approved only upon confirmation from the District that the District can provide water for domestic or commercial uses to the property. FINDING: The District has stated that they have the ability to provide water to this site for a commercial use. c. Sewer facility policies. 1. Only uses and densities that can be served by a DEQ approved on-site sewage disposal system shall be allowed in the Terrebonne Rural Community until such time as a community sewer system is available. FINDING: The applicant's indicate that if this zone change is approved that they will comply with all Deschutes County Environmental Health's and DEQ requirements in containing all sewage disposals on site regardless of how the property is developed. D. Transportation planning. 4. Transportation policies. a. Road network policies. 1. Roads. v. Existing road rights of way shall be preserved. viii. Commercial uses that generate more than 20 vehicle trips to and from the premises, including automobiles, truck -trailers and other heavy equipment, during the peak hour of the day, shall demonstrate that the affected roads are adequate to serve the proposed use, considering the function, capacity and level of service of those roads. FINDING: The applicant is proposing no changes to the right of way for A Avenue at this time. The applicant has provided a traffic study for the development of a recreational vehicle park on the subject property. The study states in part, "The purpose of this report is to assess the traffic impacts that will occur to Deschutes County's transportation system if the Terrebonne Recreational Vehicle Park is approved. The RV Park will contain from 100 to 200 spaces for overnight parking of recreational vehicles. For the purposes of estimating traffic impacts created by this development the RV park is assumed to have 200 spaces. Section 17.16.115 "Traffic Impact Studies" of the Deschutes County Code requires that a Traffic Impact Study (TIS) be performed if a development will create more than 100 trips per day or requires a zone change. The Terrebonne RV Park could produce as many as 824 trips per weekday and will require a zone change. "The traffic study concludes that the intersection of A Avenue and 11th ZC-07-4 8 Street will operate at a Level of Service "B" and the intersection of A Avenue and the RV park driveway will operate at a Level of Service "A" during the study period. All of the studied intersections will meet AASHTO intersection site distance standards, therefore additions of left or right turn lanes will not be warranted at the studied intersections. The study concludes, "Based on the results of studies and analysis of traffic conditions used in this report, the traffic generated by the Terrebonne Recreational Vehicle Park will not cause any significant additional safety or capacity problems to Deschutes County's transportation system." Staff has consulted with Deschutes County Senior Transportation Planner Peter Russell and Deschutes County Road Engineer George Kolb regarding the road issues for this parcel. The traffic study that the applicant's submitted with their burden of proof is adequate for the RV park, however if the applicant's propose another use with higher traffic generation, another study will need to be done. Also ODOT should be consulted for their input on whether the intersection U.S. 97/ South 11th also needs to be studied and if they support a suggested mitigation of a northbound decel lane to allow right - turners to more easily exit the highway. 2. Sidewalks and bicycle facility policies. i. Provide functional, cost effective sidewalks that are in keeping with the rural character of the community. ii. Provide sidewalks where they are warranted for pedestrian safety, as set forth in Map D3. Where sidewalks are specified along county public roads, they shall be constructed without curbs and gutters, set back from the road surface behind a drainage swale at a distance from property lines to allow room for utilities. iv. Sidewalks identified on Map D3 shall be constructed either at the time of development, subject to site plan review, or later through formation of a local improvement district (LID). Applicants for conditional use permits or site plan approval electing to defer constructing sidewalks, shall be required to submit and have recorded in the County Clerk's office a waiver of remonstrance, signed by the land owner. The waiver shall waive the land owner's right to have his/her objection count against the formation of an LID. FINDING: The Deschutes County Road Department has indicated in their transmittal response that a five foot property tight sidewalk and drainage swale will be required. b. Road development standards policies. 2. The county shall implement road development standards for the Terrebonne community that minimize pavement width and are consistent with the operational needs of the transportation facility. ZC-07-4 9 3. Specific road, bicycle and pedestrian facility improvement projects for the Terrebonne community are listed in Tables D2, D3 and D4 respectively. The projects are ranked high, medium and low priority based on perceived need. These priorities shall be flexible to take advantage of development opportunities and funding. FINDING: The road standards for Terrebonne are listed on Table 18.66-A of Title 18. Map D3 lists the areas proposed for sidewalks, and map D4 lists the areas for shoulders along roads. The applicant will be required to develop A Avenue to County standards along the subject property frontage prior to development of the property. Other required improvements would be implemented through site plan review. C. OREGON ADMINISTRATIVE RULES 1. OAR 660, Division 12, Transportation Planning Rule a. OAR 660-012-060, Plan and Land Use Regulation Amendments. (1) Amendments to functional plans, acknowledged comprehensive plans, and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and level of service of the facility. This shall be accomplished by either: (a) Limiting allowed land uses to be consistent with the planned function, capacity and level of service of the transportation facility; (b) Amending the TSP to provide transportation facilities adequate to support the proposed land uses consistent with the requirements of this division; or (c) Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes. (2) A plan or land use regulation amendment significantly affects a transportation facility if it: (a) Changes the functional classification of an existing or planned transportation facility; (b) Changes standards implementing a functional classification system; (c) Allows types or levels of land uses which would result in levels of travel or access which are inconsistent with the functional classification of a transportation ZC-07-4 10 (3) facility; or (d) Would reduce the level of service of the facility below the minimum acceptable level identified in the TSP. Determinations under subsections (1) and (2) of this section shall be coordinated with affected transportation facility and service providers and other affected local governments. FINDING: The applicant is proposing to rezone the subject 8.20 -acre parcel from a residential to commercial district. Under the terms of the zoning regulations for the commercial district, a recreational vehicle park is an conditional use, subject to the applicable provisions of DCC 18.66, 18.116, 18.124, and 18.128. A Avenue, as it abuts the subject property, is not maintained by Deschutes County and there are no average daily trip statistics for this section of road. A Avenue ends at the end of the subject properties at the railroad right of way. The road department has made no objections regarding this application. 2. OAR 660, Division 15, Statewide Planning Goals and Guidelines FINDING: The applicant's Burden of Proof states the following: Goal 1, Citizen Involvement. The Planning Division provided notice of the proposed zone change to the public through individual notice to affected property owners, posting of the subject property with a notice of proposed land use action sign, and notice of the public hearing in the "Bend Bulletin" newspaper. In addition, a public hearing will be held on the proposed zone change. Goal 2, Land Use Planning. The applicants have complied with the goals, processes and policies of the Deschutes County Comprehensive Plan, Title 18 of the Deschutes County Code and OAR 660-015. Evidence of compliance was provided in previous sections of this application. Goal 3, Agricultural Lands. The applicant's zone change request does not include agricultural lands. Goal 4, Forest Lands. The applicant's proposed zone change request does not include forest lands. Goal 5, Open Spaces, Scenic and Historic Areas and Natural Resources. The applicant's proposal does not affect any issues regarding natural resources, scenic or historical areas or open spaces. Goal 6, Air, Water and Land Resources Quality. The applicants believe that air, water and land resources will not be affected by this application for rezoning. Goal 7, Areas Subject to Natural Disasters and Hazards. To the best of the applicant's knowledge the subject parcel is not located in an area subject to natural disaster or hazard. Goal 8, Recreational Needs. The request is for a change to commercial use. If approved, possible plans include a Recreation Vehicle Park. ZC-07-4 11 Goal 9, Economy of the State. The applicants are proposing a zone change to eventually build a commercial building which will house their expanding well drilling business or provide a RV park on a portion of the property. These possible commercial enterprises will either keep this growing business in the local community and create the potential for future additional employment in the local community or provide for the general public traveling through the area and also provide additional employment for the local community. Goal 10, Housing. Although this application is for a change in zoning from Residential (TeR) District to Commercial (TeC) District the property itself is already partially zoned for commercial use. In addition the subject property is in the Commercial Expansion Zone and currently contains a commercial use on part of the property that is already zoned commercial. Lastly, the section of the subject property which is being requested for rezoning is between a commercial portion of community and active railroad track right of way that borders the property to the east. Goal 11, Public Facilities and Services. The subject property is privately owned and will remain so if this zone change request is approved. Goal 12, Transportation. As mentioned previously, the applicant believes that any addition to traffic on A Avenue as a result of the construction of a new commercial building on the subject property will be negligible as A Avenue is very lightly used currently. Goal 13, Energy Conservation. The applicant believes that any additional energy use created by the construction of a new commercial building or RV park would be negligible when viewed against the energy use of the community itself. The rezoning of the subject property would have the energy conservation benefit of keeping this commercial business close in to Terrebonne itself thereby reducing distance traveled from the commercial building to other points within town or by providing RV park spaces close to existing commercial services including gas stations, stores and restaurants. Goal 14, Urbanization. The subject property is located within the Terrebonne Rural Community Boundary. Goals 15 through 19. These goals deal with waterway and costal areas of the state and do not have any bearing on this application. IV. CONCLUSION AND RECOMMENDATION: Staff believes that the applicant has met the burden of proof necessary to demonstrate that the subject property can be rezoned from a residential to commercial district within the Terrebonne Rural Community. The applicant will need to apply for a conditional use and site plan review in order to establish a RV park on the subject property. Staff would recommend that the Hearings Officer approve the applicant's proposed zone change. ZC-07-4 12