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HomeMy WebLinkAboutOrdinance 2014-006 - Terrebonne - Molony - Text Amend MEMORANDUM TO: Board of County Commissioners FROM: Will Groves, Senior Planner DATE: January 16, 2104 RE: Ordinance Adoption (2014-006,007) for Plan Amendment and Zone Change in Terrebonne Summary On January 2, 2014, the Hearings Officer approved a request for a Zone Change and a Plan Amendment for the subject property to change the zoning from Terrebonne Residential District to Terrebonne Commercial District and the plan designation from Terrebonne Residential to Terrebonne Commercial Business District. No opposition to the proposal was entered into the record. The proposed plan amendment and zone change is expressly contemplated in the Terrebonne Community Plan. No specific commercial development and, thus, no increase in traffic is proposed at this time. The applicant submitted a traffic study investigating “worst case” development of either a convenience market with gas pumps or a fast food restaurant with a drive through. No significant adverse impacts were identified to the transportation system under this analysis. Comments were received from ODOT, the Deschutes County Transportation Planner, and the Deschutes County Road Department. Those comments did not identify any required mitigation or system improvements. Because no appeal was filed, pursuant to DCC 22.28.030(B), the Board must approve the zone change and plan amendment without further argument or testimony. Scheduling This item is scheduled for the Board’s morning meeting on February 12, 2014. Copies of the Ordinances and all exhibits are attached for your benefit. The applicant has requested that these ordinances be adopted by emergency (request attached). As stated in the emergency adoption request, a coffee shop operator and 2-3 employees are presently unemployed and enduring financial hardship, pending adoption of these ordinances and subsequent site plan review. No opposition to the proposal has been entered into the record. Thank you for your consideration of this matter. LISA D.T. KLEMP, p.e. 222 NW fh Street, Suite 3 Redmond OR 97756 Tel: 541-526-0900 Email: lisa@klemplaw.com www.klemplaw.com January 15, 2014 Deschutes County Board of Commissioners 1300 NW Wall Street, 2 nd Floor Bend, OR 97701 Re: Molony PA-13-2jZC-13-2 Terrebonne Zone Change Emergency Clause Request Dear Commissioners: This firm represents David Molony, the owner of the subject property approved for a zone change pursuant to the above referenced application. I am writing to request that the zone change ordinance be adopted with an emergency clause. I am submitting the following in support of that request. The property is already equipped for and has on-site a coffee hut that Sharon Kendall relocated from her operation in Crooked River Ranch in November 2013. She closed down the Snack Shack that she was operating there, and moved everything to the subject property. She has laid off her employees until the new operation on Mr. Molony's property can get started. She is also living without any income until she can start operations again. She is paying at least $100 per month to store her wares for the coffee hut. She has $2,000 in her checking account and v~111 need to start drawing from her retirement investments to stay afloat until the business is up and running again. Her employees have been laid off from the Snack Shack and are awaiting employment again once Ms. KendaH is able to start operations. She employs at least 2 to 3 people in addition to herself. Ms. Kendall has invested everything into this coffee hut and it is just sitting there. As she says, she is "dead in the water." She is 61 years old and has few other options for employment, as do her employees. Everything is in place and ready for operations. Ms. Kendall and her employees face a continuing dire situation the longer that the coffee hut is inoperable. Please consider the personal lives and situations of these individuals when deciding whether to invoke the emergency clause available for a zone change ordinance. These people's livelihoods ~---""--'---"'-- depend upon it. The operation will be a much needed contribution to the local economy and the county as a whole. There was no opposition to the proposed zone change. Therefore, it seems that there is little or no injury to the public by an emergency ordinance adoption, and that the public benefit of allowing the emergency clause clearly outweighs any detriment to the public. Thank you for your consideration ofthis matter. Cc: client Ja.n.16. 2014 1:27PM No. 82C8 p. . Fax to: lisa Kemp Attorney at Law 222 NW 7th St. #3 Redmond, Oregon 97760 Fax No: 541-272-6095 Frorn; Sharon Tindall 13622 SW Canyon Dr Terrebonne, Oregon 97760 541-912~8600 Re: Dave Malony zone change in Terrebonne Letter of hardship Jan.16. 2014 1:28PM No. 8208 P. 2 Deschutes County Board of Commissioners Alan Unger Tammy Banev Tony DeBone January 14, 2014 Re: Expediting the process for property re-zoning in Terrebonne I am the owner of Crooked River Coffee llC, I have a mobile coffee hut that will be operating on property owned by Dave Malony as soon as the paper process for zoning change is completed. We have been told this could take up to 4 months. I have concerns about the length of time this process will take and the impact it will have on me and others. I have 3 female employees that worked for me here on the ranch. They are facing the challenges of losing their income for possibly four more months, Shelly Miotke is a married mother of 3 school age children, Her husband unable to find work locally found a Job in North Dakota. He comes home every couple months. Allsha Is also a mother of 3 children. Her husband does not currently have steady work to provide the financial stability tor his family. Melissa Is recentlv divorced and Is the mother of a 6 month old son. She Is a determined IndiVidual and also a hard worker. These women want and need employment. I would like you to know and understand the impact you can have to these 3 women and myself. I am 61, divorced and my coffee business is my only source of Income. I live on the ranch and look after my 87 year old father having lost my mother 2 years ago, I do have a 401k and I will probably have to withdraw funds In order to pay living expenses until 1can b~ up and running. I would be very grateful, as I know these women will be also, if there is a way the Commissioners could expedite the paperwork and process so this small business, Crooked RIver Coffee, can make a contribution to our communIty. Thank You, ~ .. t2t #'U -; fA" ;;!aLI Sharon Tindall Crooked River LLC 541-912-8600 ,1 REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 23, the Deschutes * County Comprehensive Plan Map To Change the * ORDINANCE NO. 2014-006 Plan Designation for Certain Property From * Terrebonne Residential to Terrebonne Commercial * Business District and Declaring an Emergency. * WHEREAS, David Molony proposed a Plan Amendment to Deschutes County Code ("DCC") Title 23, the Deschutes County Comprehensive Plan Map, to change the comprehensive plan designation of certain property from Terrebonne Residential to Terrebonne Commercial Business District; and WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on November 19, 2013 before the Deschutes County Hearings Officer and, on January 2, 2014 the Hearings Officer approved the Plan Amendment; and WHEREAS, because no appeal was filed, the Board of County Commissioners ("Board") did not initiate review of the application and the decision does not require an exception to the goals or concern lands designated for forest or agricultural use, pursuant to DCC 22.28.030(B), the Board must approve the comprehensive plan designation change; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. The Deschutes County Comprehensive Plan Map is hereby amended to change the zoning designation for certain property described in Exhibit "A" and depicted on the map set for in Exhibit "B," with both exhibits incorporated by reference herein, from Terrebonne Residential to Terrebonne Commercial Business District. Section 2. AMENDMENT. DCC 23.01.010, Introduction, is amended to read as described in Exhibit "C," attached hereto and incorporated herein by this reference, with new language underlined and deleted language set forth in strikethrough Section 2. FINDINGS. The Board adopts the Hearings Officer's decision attached as Exhibit "D", and incorporated herein by this reference, as its findings to support this Ordinance. Page 1 of2 -ORDINANCE NO. 2014-006 III Page 2 of 2 - ORDINANCE NO. 2014-006 Section 3. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace, health, and safety an emergency is declared to exist, and this Ordinance takes effect on its passage. Dated this _______ of ___________, 2014 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ______________________________________ TAMMY BANEY, Chair ______________________________________ ANTHONY DEBONE, Vice Chair ATTEST: ______________________________________ Recording Secretary ______________________________________ ALAN UNGER, Commissioner Date of 1st Reading: _____ day of ____________, 2014. Date of 2nd Reading: _____ day of ____________, 2014. Record of Adoption Vote: Commissioner Yes No Abstained Excused Alan Unger ___ ___ ___ ___ Tammy Baney ___ ___ ___ ___ Anthony DeBone ___ ___ ___ ___ Effective date: _____ day of ____________, 2014. PAGE 1 OF 1 – EXHIBIT “A” TO ORDINANCE NO. 2014-006 Legal Description HILLMAN Lot: LOTS 17 THRU 23 & N1/2 LOT 24 Block: 88 EXCEPTING: PT TO HWY HILLMAN Lot: LOTS 7 THRU 13, 25, 26, N1/2 LOT 6, N1/2 LOT 27 & S1/2 LOT 24 Block: 88 TOGETHER WITH: ADJ PT E1/2 VAC ST EXCEPTING: PT TO HWY C AVE N H W Y 9 7 11 T H S T 5T H S T B AVE E AVE A AVE 8T H S T 6T H S T 7T H S T 9T H S T CENTRAL AVE 15 T H S T NW SMITH ROCK WAY 4T H S T 13 T H S T 3RD ST Legend Subject Property 14-13-16-CD-00100, 00500 Terrebonne Comprehensive Plan TECBD - Terrebonne Commercial Business District TECEA - Terrebonne Commercial Expansion Area TER5 - Terrebonne Residential 5 Acre Minimum TERC - Terrebonne Rural Commercial TER - Terrebonne Residential BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON _____________________________ Tammy Baney, Chair _____________________________ Anthony DeBone, Vice Chair _____________________________ Alan Unger, Commissioner _____________________________ ATTEST: Recording Secretary Dated this _____ day of February, 2014 Effective Date: _____________, 2014 PROPOSED COMPREHENSIVE PLAN MAP 0 200 400 600100 Feet January 21, 2014 Z Exhibit "B" to Ordinance 2014-006 David Molony, 8329 & 8375 N. Highway 97, Terrebonne Plan Amendment from Terrebonne Residential (TER) to Terrebonne Commercial Business District (TECBD) PAGE 1 OF 1 – EXHIBIT “C” TO ORDINANCE NO. 2014-006 Chapter 23.01 COMPREHENSIVE PLAN 23.01.010. Introduction. A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011- 003 and found on the Deschutes County Community Development Department website, is incorporated by reference herein. B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2011-027, are incorporated by reference herein. C. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-005, are incorporated by reference herein. D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-012, are incorporated by reference herein. E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2012-016, are incorporated by reference herein. F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-002, are incorporated by reference herein. G. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-007, are incorporated by reference herein. H. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-009, are incorporated by reference herein. I. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2013-012. J. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance 2014-006, are incorporated by reference herein. (Ord. 2014-006 §2, 2013; Ord. 2013-012 §2, 2013; Ord. 2013-009 §2, 2013; Ord. 2013-007 §1, 2013; Ord. 2013-002 §1, 2013; Ord. 2013-001 §1, 2013; Ord. 2012-016 §1, 2012; Ord. 2012- 012 §1, 2012; Ord. 2012-005 §1, 2012; Ord. 2011-027 §1 through 12, 2011; Ord. 2011-017 repealed; Ord.2011-003 §3, 2011) Legal Description HILLMAN Lot: LOTS 17 THRU 23 & N1/2 LOT 24 Block: 88 EXCEPTING: PT TO HWY HILLMAN Lot: LOTS 7 THRU 13, 25, 26, N1/2 LOT 6, N1/2 LOT 27 & S1/2 LOT 24 Block: 88 TOGETHER WITH: ADJ PT E1/2 VAC ST EXCEPTING: PT TO HWY PA-13-2, ZC-13-2 1 DECISION OF THE DESCHUTES COUNTY HEARINGS OFFICER FILE NUMBERS: PA-13-2/ZC-13-2 APPLICANT/OWNER: David Molony P.O. Box 1330 Scappoose, OR 97056 REQUEST: The applicant requests a Zone Change and Plan Amendment for the subject property to change the zoning from Terrebonne Residential District to Terrebonne Commercial District and the plan designation from Terrebonne Residential to Terrebonne Commercial. HEARING DATE: November 19, 2013 RECORD CLOSED: November 19, 2013 STAFF CONTACT: William Groves, Senior Planner I. APPLICABLE STANDARDS & CRITERIA: Title 18 of the Deschutes County Code, the County Zoning Ordinance: Chapter 18.04, Title, Purpose and Definition Chapter 18.66, Terrebonne Rural Community Zoning Districts Chapter 18.136, Amendments. Title 22 of the Deschutes County Code, the Deschutes County Development Procedures Ordinance Title 23 of the Deschutes County Code, the Year 2000 Comprehensive Plan Terrebonne Community Plan Oregon Administrative Rules Chapter 660: Division 12, Transportation Planning OAR 660-012-0060, Plan and Land Use Regulation Amendments Division 15, Statewide Planning Goals and Guidelines II. FINDINGS OF FACT: A. LOCATION: The property is identified on the County Assessor’s tax map 14-13-16CD, as Tax Lots 100 and 500. They have assigned addresses of 8375 and 8329 North Highway 97, Terrebonne, respectively. B. LOT OF RECORD: The applicant did not address this criterion. The assessor describes the property lots in the Hillman subdivision. Tax Lot 500 is described as lots 7 through 13 and portions of lots 6, 24 through 27, and additional lands, all in block 88. EXHIBIT “D” TO ORDINANCE NO. 2014-006 PA-13-2, ZC-13-2 2 Tax lot 100 is described as portions of lots 17 through 24, all in block 88. Prior hearings officers’ decisions have determined that lot of record status is not required in order to approve a plan amendment and zone change. C. ZONING AND PLAN DESIGNATION: The Deschutes County Comprehensive Plan map designates the subject property Terrebonne Residential. In addition, the subject property is zoned Terrebonne Residential District. D. SITE DESCRIPTION: The property consists of two tax lots. Tax lot 500 is approximately 0.71 acres and fronts on Highway 97. The property is generally level and is developed with a 1940 dwelling, commercial building, lean-to, and shed. The commercial building houses the Terrebonne Trading Post, approved as a home occupation under CU- 85-105. Tax lot 100 is approximately 0.36 acres and fronts on Highway 97 and C Avenue. It is level, has a cinder driveway, and is undeveloped with structures. E. SURROUNDING LAND USE: Properties to the north, fronting on C Avenue, are owned by the Terrebonne Domestic Water District and include a graveled lot and two facilities buildings. The Terrebonne Community School borders the subject property to the west. There are three properties south of the subject property that are in private ownership, two of which front on Highway 97 and are developed with residences. Zoning in the area includes Terrebonne Residential District to the west, south, and north. Some lands south of B Avenue, as well as lands across Highway 97 to the east, are zoned Terrebonne Commercial District. F. PROPOSAL: The applicant requests a Zone Change and Plan Amendment for the subject property to change the zoning from Terrebonne Residential District to Terrebonne Commercial District and the plan designation from Terrebonne Residential to Terrebonne Commercial. No specific commercial development is proposed for the property at this time. G. PUBLIC/PRIVATE AGENCY COMMENTS: The Planning Division mailed notice to several agencies and as of the date of the public hearing received the following comments: Oregon Department of Transportation: ODOT has completed its review of the proposed land use action, Plan Amendment-13-2/Zone Change-13-2, and we have no adverse comments. We do note however, that the proposed use will constitute a change of use for access management purposes and will require an approach road permit from ODOT prior to the use of the property as proposed in this pending land use action. The traffic impact analysis (TIA) submitted for the proposed project by Sage Engineering dated July 2013, identifies the ODOT mobility standard as 0.70 on US 97. The TIA identifies that the studied intersections on US 97 at “B", "C", EXHIBIT “D” TO ORDINANCE NO. 2014-006 PA-13-2, ZC-13-2 3 and Lower Bridge Road will not meet that standard in the 2030 horizon year. Actually, all the intersections do meet ODOT standards with the project in 2030. While the mobility standard for the mainline traffic on US 97 is 0.70, the standard for the non-highway approaches on US 97 through Terrebonne is 0.80. As shown in the capacity analysis on Page 8 of the TIA, the critical movement at US 97 and "B" Street in 2030 with the project is the westbound approach ('B' Street). The v/c of 0.76 for this move meets ODOT's standard of 0.80 for that move. Similarly at US 97 and "C" Street, the 2030 projected v/c with the project is 0.79 for the critical move from "C" Street and also meets ODOT's mobility standard of 0.80. US 97 at Lower Bridge way is quite different but similarly the proposed project does not have an adverse impact on the highway and meets ODOT standards. In 2030 with the anticipated background traffic included (but not including the project-generated traffic), the intersection is projected to operate at a v/c of 6.25. This greatly exceeds ODOT's standard of 0.80 for non-highway approaches, but since the operation of the intersection is still a v/c of 6.25 when the project- generated traffic is included in the analysis, there is no further degradation of the intersection. In accordance with the Oregon Highway Plan policy on mobility standards (OHP Policy 1F, Action 1.F.5) since there is no further projected degradation of the intersection operation, the proposed land use action meets ODOT's mobility standard of 'no further degradation' and does not have a significant effect on the transportation system. Deschutes County Transportation Planner: I have reviewed the July 2013 traffic study to change the designation from residential to commercial for 1.07 acres on two adjoining tax lots on the west side of 97 between B and C avenues. County and ODOT staff have met with the applicant’s traffic engineer to agree to the study’s geographic boundaries and land use assumptions. Of the five studied intersections, four are under ODOT jurisdiction (97/Lower Bridge Way; 97/C Ave.; 97/B Ave.; and 97/site driveway). The lone County intersection is C Ave/site driveway. The intersection under County designation (C Ave/site driveway) does not appear in the list of reported results on Page 8 of the traffic study nor does it appear in the appendix. The traffic study on Figure 7 indicates the C Ave/site driveway has 19 trips in the p.m. peak (5 entering eastbound, 5 entering westbound, 5 leaving westbound, 4 leaving eastbound). The applicant will need to provide the analysis of that intersection as was done for the other four intersections. The 2010-2030 Transportation System Plan (TSP) lists a $21-million grade separation as a medium priority project at Table 5.3.T1, “County Road and Highway Projects.” Currently, there is no identified funding for this project and the TSP classifies medium projects as those expected to be built in 6 to 10 years. EXHIBIT “D” TO ORDINANCE NO. 2014-006 PA-13-2, ZC-13-2 4 The TSP identifies this segment of 97 through Terrebonne as failing in 2030, according to Table 3.2.T3, “State Highway Segments and 2030 Volume/Capacity.” The intersection Lower Bridge/97 is listed as a failing intersection at Table 3.2.T4, “State Highway Intersection Rankings in 2030.” In terms of acceptable mitigations, the County will defer to ODOT for the highway intersections. Staff feels adding a sidewalk to the south side of C Ave. along the applicant’s frontage would be consistent with the Transportation Planning Rule (TPR) at Oregon Administrative Rule (OAR) 660-012-0060(2)(e), which allows for non-vehicular improvements to mitigate highway deficiencies. However, as the affected facility is under ODOT jurisdiction, the TPR states ODOT as the service provider will need to provide a written statement to that effect. (Second Comment) I have read the addendum to the traffic study and agree with the conclusion of the applicant’s engineer that the intersection of C Ave/driveway will meet the County’s performance standard. (Third Comment) ODOT commented there was no significant effect, therefore no mitigation is required. Thus, no sidewalk is required. County Road Department: C Avenue is classified as an Urban Collector. The Road Department will have comments concerning access and road improvements when development of parcels occurs. Terrebonne Domestic Water District: The subject property is served by the district. Redmond Fire Department: No comments at this time on the above project. If there is further development in the future, fire code requirements will apply at that time. Deschutes County Environmental Soils: If they are proposing to change the use of the facility, an Authorization Notice will be required. The Authorization would determine if the existing onsite wastewater treatment system is suitable for the proposed use. We have no record of the existing onsite wastewater system. Sewage drillholes are common in Terrebonne and this property may have one. If a sewage drillhole currently exists, Oregon Administrative Rules require that it be registered with the Oregon Department of Environmental Quality Underground Injection Control Program. Developing a new onsite wastewater treatment system to serve a commercial use could be difficult because of poor soil conditions and limited space. Wastewater treatment solutions can be complex and costly in Terrebonne. It is recommended that the owner explore the onsite wastewater possibilities as soon as possible. EXHIBIT “D” TO ORDINANCE NO. 2014-006 PA-13-2, ZC-13-2 5 The following agencies did not respond to the request for comments: Deschutes County Assessor. H. PUBLIC NOTICE AND COMMENTS: The Planning Division mailed written notice of the applicant’s proposal and the public hearing to the owners of record of all property located within 250 feet of the subject property. As of the date of the public hearing, no written public comments were received on the subject application. I. PROCEDURAL HISTORY: These applications were submitted on April 23, 2013. An incomplete letter was mailed on May 1, 2013. The required additional materials were provided by the applicant on October 7, 2013. A public hearing was held on November 19, 2013. There was no opponent testimony at the hearing, and no relevant written objections in the record. The applicant did not request that the record be held open after the hearing, and waived any right to file a final written argument. The record closed on November 19, 2013. III. CONCLUSIONS OF LAW: Chapter 18.136, Amendments 1. Section 18.136.010, Amendments DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or legislative map changes shall be as set forth in DCC 22.12. A request by a property owner for a quasi-judicial map amendment shall be accomplished by filing an application on forms provided by the Planning Department and shall be subject to applicable procedures of DCC Title 22. FINDING: Staff made findings under DCC 18.136. The applicant did not dispute that Section 18.136 applies to the subject application. 2. Section 18.136.020, Rezoning Standards The applicant for a quasi-judicial rezoning must establish that the public interest is best served by rezoning the property. Factors to be demonstrated by the applicant are: A. That the change conforms with the Comprehensive Plan, and the change is consistent with the plan’s introductory statement and goals. FINDING: The following sections are the applicable portions of the comprehensive plan (Title 23 of the DCC): Chapter 4, Urban Growth Management EXHIBIT “D” TO ORDINANCE NO. 2014-006 PA-13-2, ZC-13-2 6 Section 4.1, Introduction … Purpose The Urban Growth Management chapter, in concert with the other chapters of this Plan, specifies how Deschutes County will work with cities and unincorporated communities to accommodate growth while preserving rural character and resource lands. … Section 4.5 Background The Terrebonne Community Plan was adopted in Ordinance 2010-012 is hereby incorporated into this Plan as Appendix A. FINDING: This chapter establishes no approval criteria. The Terrebonne Community Plan is discussed below. Terrebonne Community Plan Land Use Goal Preserve open space, natural features and rural character of the Terrebonne Community. FINDING: Staff found, and the Hearings Officer agrees, that the proposed zone change and plan amendment to commercial use would not adversely impact the open space, natural features or rural character of the Terrebonne Community. No specific development is proposed at this time. Land Use Policies 1. Conform land use regulations with the requirements of OAR Chapter 660, Division 22, Unincorporated Communities or its successor. 2. Allow the current pattern of development based on the existing zoning that maintains the rural character of the area. 3. Allow residential uses in all zoning districts in Terrebonne. 4. Encourage the preservation of Terrebonne’s historical structures: Ladies Pioneer Club (1911), Oregon Trunk Railroad Depot (1911) and Grange Hall (1925). 5. Maintain the existing unincorporated community boundary for Terrebonne. 6. Review Community Plan goal and policies every five years to determine if conditions and circumstances in Terrebonne still meet the current and future needs of its residents and businesses. FINDING: Staff found, and the Hearings Officer agrees, that the proposed zone change and plan amendment is consistent with these policies. The proposed plan amendment and EXHIBIT “D” TO ORDINANCE NO. 2014-006 PA-13-2, ZC-13-2 7 zone change is expressly contemplated in the Terrebonne Community Plan, as discussed below. No changes to the allowed uses in the TEC zone are proposed and no change to the boundary of the unincorporated community boundary for Terrebonne is proposed. No impacts to historic properties would occur under this proposal. Residential Area Policies 7. Designate residential districts on the zoning map for areas designated residential on the comprehensive plan map. 8. Plan and zone for a diversity of housing types and densities suited to the capacity of the land to accommodate water and sewer facilities. 9. Maintain the rural character of the community by retaining large lots where community water and sewer are not available for land designated Residential—5-Acre Minimum. 10. Permit livestock in residential districts subject to use limitations identified in Deschutes County Code Title 18. FINDING: Staff found, and the Hearings Officer agrees, that the proposed zone change and plan amendment is consistent with these policies as the proposal does not interfere with the ability of residentially zoned properties to comply with these policies. Commercial Area Policies 11. 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, surrounding rural area or travel needs of people passing through the area. 12. Prohibit industrial uses from dominating the character of the commercial districts. FINDING: No changes to the uses allowed in commercially zoned areas are proposed. Criteria implementing these policies are included in DCC 18.66 and will be evaluated at the time of property development. 13. Encourage new development in the commercial districts to become compatible with the rural character of the community by using design standards. FINDING: Design standards that implement this policy are included in DCC 18.66 and 18.124 (Site Plan Review) and are evaluated at the time of property development. 14. Prohibit access to be taken from U.S. 97 when there is an option to use a local road. EXHIBIT “D” TO ORDINANCE NO. 2014-006 PA-13-2, ZC-13-2 8 FINDING: The subject property has an existing access legal access to Highway 97. No new access is proposed. 15. Structure approval standards for conditional uses in the Commercial Rural District to consider the impact on nearby residential and commercial uses, transportation systems, and other public facilities and services. FINDING: No changes to the rules governing conditional use permits in commercially zoned areas are proposed. 16. Allow stand-alone residential uses or residences in conjunction with uses listed in the commercial districts as long as they do not dominate or set development standards for other uses in the area. FINDING: No changes to the uses allowed in commercially zoned areas are proposed. Maintenance of the existing residential use is allowed in the TEC zone. 17. Prohibit land divisions or replatting for residential purposes in the commercial districts. FINDING: No land division or replatting for residential purposes is proposed. 18. Prohibit livestock in the commercial districts. FINDING: No changes to the uses allowed in commercially zoned areas are proposed. Commercial Expansion Area Policies FINDING: The Commercial Expansion Area is defined in the Plan as: Commercial Expansion Area: A “Commercial Expansion Area” designation as name suggests, represents an area for future commercial center expansion. Located east of 11th Street, bound by C and A Avenues, it encourages a connected road network with pedestrian access, away from U.S. 97 to discourage strip-commercial development. The “Terrebonne Comprehensive Plan” figure maps the area described above as “Commercial Expansion Area”. Neither the text description nor the map includes the subject property as Commercial Expansion Area. Staff found, and the Hearings Officer agrees, that the subject property is not in the Commercial Expansion Area. However, Policy 19, below, plainly pertains to the subject property and the present application. Read together with Policy 20, Policy 19 allows the proposed expansion of commercial uses that is not in the mapped “Commercial Expansion Area” and is not subject to Policy 21. EXHIBIT “D” TO ORDINANCE NO. 2014-006 PA-13-2, ZC-13-2 9 19. Support applicant-initiated commercial plan designation and rezoning applications for properties fronting U.S. 97 between B and Central Avenues to expand commercial uses on the west side of U.S. 97 if all of the following characteristics are met. a. A home occupation or commercial use existed prior to the adoption date of this plan; b. Frontage existed on U.S. 97 prior to the adoption date of this plan; and c. ODOT grants access or there is alternative access to a public maintained road. FINDING: As discussed above, the subject property has an approved home occupation that predates adoption the Terrebonne Community Plan by over 20 years. The subject property has frontage on Highway 97 that predates adoption the Terrebonne Community Plan. The applicant submitted the existing ODOT access permit for the property as part of the application materials. Staff found that the property also has legal access to C Avenue, which is designated as an urban collector. The proposal is consistent with this policy. 20. Expand commercial designations only to the Commercial Expansion Area designated on the Terrebonne Comprehensive Plan map, except under the circumstances described in Policy 19. FINDING: Staff found, and the Hearings Officer agrees, that the subject property is not in the Commercial Expansion Area. However, Policy 19 pertains to the subject property and the present application. Read together with Policy 20, Policy 19 allows the proposed expansion of commercial uses that is not in the “Commercial Expansion Area” and that is not subject to Policy 21. 21. Rezone the Commercial Expansion Area from a residential district to a commercial district only if no commercially zoned land can reasonable accommodate the proposed use. Rezoning may be done without a plan amendment. An applicant for a zone change must demonstrate that: a. 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 b. Road right of way improvements and public water facilities to the property are under construction when a permit is issued; or c. Road right of way improvements and public water facilities to the property have been in a local government or special district budget. These standards apply in place of the County standards for rezoning contained in Title 18, section 18.136.020 of the Deschutes County Code. EXHIBIT “D” TO ORDINANCE NO. 2014-006 PA-13-2, ZC-13-2 10 FINDING: Staff found, and the Hearings Officer agrees, that this application is not subject to Policy 21 and that neither the Policy 21 standards nor the exemption from compliance with DCC 18.136.020 apply to the present application. Public Facilities Goal Ensure water and sewage treatment systems encompass the appropriate scale and cost. FINDING: No changes to water and sewage treatment systems are proposed. The property is presently served by an on-site septic system and Terrebonne Community Water District water. General Public Facility Planning policies 1. Determine residential minimum lot sizes by the capacity of the land to accommodate available water and wastewater facilities. FINDING: The proposed zone change and plan amendment of the subject property to commercial use is not inconsistent with this policy as it does not change allowed residential lot sizes. 2. Encourage early planning and acquisition of sites needed for public facilities, including schools, roads and water facilities. FINDING: The proposed zone change and plan amendment of the subject property to commercial use is not inconsistent with this policy as it does not discourage early planning and acquisition of sites needed for public facilities, including schools, roads and water facilities. Water Facility Policies 3. The Terrebonne Domestic Water District 1995 Water System Master Plan serves as the public facility plan for water supply in Terrebonne. 4. All commercial development or development including a sprinkler system shall be reviewed by the Terrebonne Domestic Water District. 5. Development requiring land use approval, located in the Terrebonne Domestic Water District service area shall be approved only upon confirmation from the District that the they can provide water to the property. FINDING: The subject property is in the Terrebonne Domestic Water District and currently is served by the district. No specific development is proposed at this time. 6. Support improvement of the community water system to meet health and safety needs of Terrebonne residents. EXHIBIT “D” TO ORDINANCE NO. 2014-006 PA-13-2, ZC-13-2 11 7. Maintain a coordination agreement, consistent with ORS Chapter 195 and OAR 660-22-050(2)(c) for Deschutes County and the Terrebonne Domestic Water District. 8. Encourage all development in the Terrebonne Domestic Water District service area to connect to their water system. FINDING: The proposed zone change and plan amendment of the subject property to commercial use is not inconsistent with these policies. The property is presently served by Terrebonne Community Water District water. Sewer Facility Policies 9. Allow uses and densities that can be served by an approved on-site wastewater treatment system, until such time as a community sewer system is available. 10. Set minimum lot sizes adequate to ensure that on-site systems do not exceed the capacity of the land, until such a time as a community sewer system is available. 11. Support replatting Hillman Plat lots to create lots large enough to accommodate an approved on-site wastewater treatment system. 12. Help identify funding for a sewer feasibility study. 13. Support the development of a community sewer system if needed to protect public health. 14. Review Community Plan policies related to public services if a sewer system is proposed. FINDING: The proposed zone change and plan amendment of the subject property to commercial use is not inconsistent with these policies. The site is served by an on-site septic system. Transportation Goal Provide a safe and efficient system for all modes of transportation. FINDING: The subject property is located at the corner of C Avenue, an urban collector, and US Highway 97. No specific commercial development and, thus, no increase in traffic is proposed at this time. The applicant submitted a traffic study investigating “worst case” development of either a convenience market with gas pumps or a fast food restaurant with a drive through. No significant adverse impacts were identified to the transportation system under this analysis. Comments were received from ODOT, the Deschutes County Transportation Planner, and the Deschutes County Road Department. Those comments did not identify any required mitigation or system improvements. Road Network Policies EXHIBIT “D” TO ORDINANCE NO. 2014-006 PA-13-2, ZC-13-2 12 1. Provide a transportation network that can accommodate local traffic, commuter traffic and regional interstate traffic without detracting from the livability and rural character of Terrebonne. 2. Provide a transportation network that will improve transportation efficiency, convenience and safety, as well as increase transportation choices and decrease conflicts between modes of transportation. 3. Preserve alignments for transportation corridors depicted in the Transportation System Plan for future transportation purposes. The precise alignments will be determined after further study and engineering analysis or during the development of vacant properties. 4. Where they exist, new roads shall take advantage of existing public right-of-way. 5, Preserve existing right-of-way unless a new road cannot be physically constructed, in which case the County will consider vacating the right- of-way. 6. Monitor and enforce vehicle weight limits on 11th Street and Smith Rock Way. 7. Identify and select in the Transportation System Plan, a long-term solution for U.S. 97 from the following options: a traffic signal, a couplet, a grade-separated interchange, or a bypass. FINDING: Staff found, and the Hearings Officer agrees, these policies are not applicable to this proposal. Sidewalk and Bicycle Facility Policies 8. Provide sidewalks that are in keeping with the rural character of the community and will be built property tight. 9. 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. 10. Construct sidewalks identified on the TSP Map either at the time of development, subject to site plan review, or later through formation of a local improvement district (LID). Applicants electing to defer constructing sidewalks shall be required to submit and record in the County Clerk’s office a waiver of remonstrance, signed by the land owner. The waiver shall relinquish the landowner’s right to have his/her objection count against the formation of an LID. 11. Protect from damage by tree roots, utility trenches located in the public right-of-way. 12. Where they conflict with existing or planned utility trenches, street trees should not be planted in the public right-of-way. 13. Share the road with automobiles and bicycles on local roads where traffic volumes and speeds are low. EXHIBIT “D” TO ORDINANCE NO. 2014-006 PA-13-2, ZC-13-2 13 14. Accommodate bicycles on paved shoulder bikeways on Lower Bridge Way and Smith Rock Way, a County arterial and collector road that carries high traffic volumes. FINDING: Staff found, and the Hearings Officer agrees, that these policies are not applicable to this proposal. Road Development Standards Policies 15. Provide transportation facilities that are practical and cost effective to construct, use and maintain and in keeping with the rural character of Terrebonne. 16. Implement road development standards for Terrebonne that minimize pavement width and are consistent with the operational needs of the transportation facility. 17. Specific road, bicycle and pedestrian facility improvement projects for the Terrebonne community are listed and described in the TSP 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: Staff found, and the Hearings Officer agrees, that these policies are not applicable to this proposal. U.S. 97 Corridor Policies 18. Work with ODOT and the community to increase safety on U.S. 97 in Terrebonne by using a combination of enforcement and traffic calming techniques to slow traffic to posted speeds, to safely handle local traffic and to improve pedestrian crossings. 19. Work with ODOT to provide improved pedestrian crossings on U.S. 97, between Central Avenue and the south 11th Street intersection, particularly at the “B” Avenue and “C” Avenue intersections, to increase pedestrian safety in the vicinity of the school. 20. Work with ODOT and the community to evaluate the safety and functionality of 11th Street as needed. 21. Support limiting U.S. 97 to no more than three lanes between the Central Avenue and south 11th Street intersections. 22. Accommodate large trucks with wide turning radius corners where necessary, as determined by truck routes established by TSP, thereby minimizing corner radii at all other intersections. Other design features such as rolled curbs or medians shall be used as necessary to minimally accommodate large trucks in the Terrebonne community. 23. Coordinate with ODOT on improvements to U.S. 97 during rehabilitation or construction projects. EXHIBIT “D” TO ORDINANCE NO. 2014-006 PA-13-2, ZC-13-2 14 FINDING: Staff found, and the Hearings Officer agrees, that these policies are not applicable to this proposal. 2. Section 18.136.020, Rezoning Standards (Continued) B. That the change in classification for the subject property is consistent with the purpose and intent of the proposed zone classification. FINDING: The purpose of the TEC zone is listed under DCC 18.66.040 as follows: “The Terrebonne Commercial District is intended to allow a range of commercial and limited industrial uses to serve the community and surrounding rural area.” No specific development is proposed at this time. C. That changing the zoning will presently serve the public health, safety and welfare considering the following factors: 1. The availability and efficiency of providing necessary public services and facilities. FINDING: The subject property is located in an area that already has public services and facilities available including Terrebonne Domestic Water District water. No comments were received from public service or facility providers indicating that the proposed plan amendment and zone change would adversely impact the availability and efficiency of providing necessary public services and facilities. 2. The impacts on surrounding land use will be consistent with the specific goals and policies contained within the Comprehensive Plan. FINDING: Surrounding properties are in the same zone (TER) and are presently under the same plan designation (Terrebonne Residential) as the subject property. Properties to the north, fronting on C Avenue, are owned by the Terrebonne Domestic Water District and include a graveled lot and two facilities buildings. The Terrebonne Community School borders the subject property to the west. There are three properties south of the subject property that are in private ownership. Two of these properties front on Highway 97 and are developed with residences. No specific development of the proposed at this time. The applicant submitted a traffic study investigating “worst case” development of either a convenience market with gas pumps or a fast food restaurant with a drive through. Off-site impacts could include traffic, noise, and visual impacts. As discussed above no significant adverse traffic impacts are anticipated under high-intensity commercial development scenarios. D. That there has been a change in circumstances since the property was last zoned, or a mistake was made in the zoning of the property in question. EXHIBIT “D” TO ORDINANCE NO. 2014-006 PA-13-2, ZC-13-2 15 FINDING: The property has been in commercial use under residential zoning for at least 20 years as a home occupation. The intensity of long-standing commercial use on the property exceeds what likely could be allowed under the current home occupation code. The subject property was identified for potential rezoning in the recent Terrebonne Community Plan update, since the property was last zoned. Staff found, and the Hearings Officer agrees, that the change in use of the property as well as the identification of the property for potential rezoning represents a change in circumstances under this criterion. Oregon Administrative Rules OAR 660, Division 12, Transportation Planning Rule 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 performance standards (e.g. level of service, volume to capacity ratio, etc.) of the facility. This shall be accomplished by either: (a) Limiting allowed land uses to be consistent with the planned function, capacity and performance standards 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; (c) Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes; or (a) Amending the TSP to modify the planned function, capacity and performance standards, as needed, to accept greater motor vehicle congestion to promote mixed use, pedestrian friendly development where multimodal travel choices are provided. (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 or land uses which would result in levels of travel or access which are inconsistent with the functional classification of a transportation facility; or (d) Would reduce the performance standards of the facility below the minimum level identified in the TSP. (3) Determinations under subsections (1) and (2) of this section shall be coordinated with affected transportation facility and service providers and other affected local governments. EXHIBIT “D” TO ORDINANCE NO. 2014-006 PA-13-2, ZC-13-2 16 FINDING: Staff found, and the Hearings Officer agrees, that the above language is applicable to the applicant’s proposal because it involves an amendment to an acknowledged plan. The applicant is not proposing any land use development of the property at this time and has indicated that future development may include commercial development. The applicant has submitted a transportation impact analysis (TIA) with the application. As discussed above, no significant adverse impacts were identified to the transportation system under this submitted traffic analysis. Comments were received from ODOT, the Deschutes County Transportation Planner, and the Deschutes County Road Department. These comments did not identify any required mitigation or system improvements. OAR 660, Division 15, Statewide Planning Goals and Guidelines FINDING: Findings regarding the Statewide Planning Goals and Guidelines are provided below: Goal 1, Citizen Involvement. The Planning Division has provided notice of the proposed plan amendment and zone change to the public through individual notice to affected property owners, the applicant posted a “proposed land use action sign,” and a notice of the November 19, 2013 public hearing was placed in the “Bend Bulletin” newspaper. Goal 2, Land Use Planning. Goals, policies, and processes related to zone change applications are included in the Deschutes County Comprehensive Plan, and Title 18 of the Deschutes County Code. The application of these processes and policies/regulations are documented within this staff report. Goal 3, Agricultural Lands. The existing site and surrounding areas do not include any lands that are zoned for, or that support, agricultural uses. Goal 4, Forest Lands. The existing site and surrounding areas do not include any lands that are zoned for, or that support, forest uses. Goal 5, Open Spaces, Scenic and Historic Areas and Natural Resources. The existing site and surrounding areas do not include any lands that are included in the County’s Goal 5 inventory. Goal 6, Air, Water and Land Resources Quality. No specific development is proposed at this time. Development of the property would not likely result in significant adverse impacts to air, water, or land resources quality due to the small size of the site and that any future development would be subject to local, state, and federal regulations protecting these resources. Goal 7, Areas Subject to Natural Disasters and Hazards. This goal is not applicable because the subject property is not located in a known natural disaster or hazard area. Goal 8, Recreational Needs. The proposed plan amendment and zone change do not affect recreational needs. EXHIBIT “D” TO ORDINANCE NO. 2014-006 PA-13-2, ZC-13-2 17 Goal 9, Economy of the State. This goal is to provide adequate opportunities throughout the state for a variety of economic activities. By increasing the types and intensity of commercial uses available to the property, the proposal will likely increase economic opportunities on the property. Goal 10, Housing. The existing residential use of the property can be maintained under the proposed zoning (TEC). This proposal will have no adverse impact on the availability of housing on the area. Goal 11, Public Facilities and Services. The applicant’s proposal will have no adverse effect on the provision of public facilities and services to the subject site. Goal 12, Transportation. This report states in a foregoing finding that the proposed plan amendment and zone change will not adversely impact transportation facilities. Goal 13, Energy Conservation. The proposal will not have an effect on energy use or conservation, until such time as it is developed. Goal 14, Urbanization. The subject property is in the Terrebonne Urban Unincorporated Community. This proposal does not change the types or intensity of uses allowed in the Terrebonne UUC, nor does it change the boundary of the Terrebonne UUC. Goals 15 through 19. These goals, which address river, ocean, and estuarine resources, are not applicable because the subject property is not located in or adjacent to any such areas or resources. IV. CONCLUSION AND RECOMMENDATION: Based on the record and the Findings of Fact and Conclusions of Law set forth above, I find that the proposal complies with the applicable Statewide Planning Goals, Oregon Revised Statutes, Oregon Administrative Rules, the Sisters Urban Area Comprehensive Plan, and the Deschutes County Zoning Ordinance and Comprehensive Plan. ______________________________ Kenneth D. Helm, Hearings Officer A DECISION BY THE HEARINGS OFFICER BECOMES FINAL TWELVE (12) DAYS AFTER THE DATE OF MAILING, UNLESS APPEALED BY A PARTY OF INTEREST. Dated this 3rd day of January, 2014 Mailed this 3rd day of January, 2014. EXHIBIT “D” TO ORDINANCE NO. 2014-006