HomeMy WebLinkAbout80-218VOL ' mE � 4�2
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordinance
)
No. PL -11, Bend Urban Growth
)
Boundary Zoning Ordinance; Re-
)
L
(j
zoning a Portion of Certain
)
Property from Residential -Sub-
urban High Density (SR -20) Zone
)
,'1980
to Commercial -Highway (CH) Zone;
)
ROSEMAR
and Declaring an Emergency
)
oESCHUrES�p��TERSON
Y
cfz?k
ORDINANCE
NO. 80-218
WHEREAS, Robert F. Haynes has made application to rezone
a portion of certain property from Residential -Suburban High Density
(SR -20) Zone to Commercial -Highway (CH) Zone; and
WHEREAS, notice of hearing was given in accordance with
law; and
WHEREAS, the Hearings Officer held a. hearing on the proposed
zone change on May 13, 1980, and May 27, 1980; and
WHEREAS, the Hearings Officer recommended that the property
be rezoned from Residential -Suburban High Density (SR -20) Zone to
Commercial -Highway (CH) Zone; and
WHEREAS, the Board of County Commissioners held a public
hearing on the proposed zone change on September 10, 1980; and
WHEREAS, the Board of County Commissioners approved the
decision of the Hearings Officer; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. To amend Ordinance No. PL -11, Bend Urban Growth
Boundary Zoning Ordinance, to change the zoning from Residential -
Suburban High Density (SR -20) Zone to Commercial -Highway (CH) Zone,
for the parcel of real property described as:
"A portion of Tax Lot 2001, Section 17, Township
18 South, Range 12 East of the Willamette Meridian,
Deschutes County, Oregon, more particularly described
as: The easterly 300 feet of the following -described
real property adjacent to The Dalles-California
Highway:
"A tract of land lying in the Northwest Quarter of
the Southwest Quarter (NWk SW4) of Section Seventeen
(17), Township Eighteen (18) South, Range Twelve (12)
ORDINANCE NO. 80-218, PAGE 1
. VOL 6PAGE 323
"East of the Willamette Meridian, Deschutes County,
Oregon, described as follows: Beginning at a point
on the Section line between Sections 17 and 18,
3131.9 feet South from the Northwest corner of said
Section 17 and running thence South 89° 33' East,
1003.7 feet to the West right of way line of the
Dalles-California Highway; thence Southwesterly 350
feet along the said West right of way line of the said
Dalles-California Highway; thence North 89° 33' West,
846 feet, more or less, to the West Section line of
Section 17 to the point of beginning, EXCEPTING THERE_
FROM a strip of land appropriated by the State of
Oregon for public purposes as set forth in the
judgment and decree entered October 26, 1966, in
suit in the State Circuit Court, County of Deschutes,
Case No. 13275, said excepted parcel being described
more particularly as follows: Beginning at Engineer's
center line Station 103+00.03, said Station being
2860.91 feet North and 1400.60 feet East of the
Southwest corner of said Section 17; thence on a
2864.79 foot radius curve right (the long chord of
which bears South 22° 27' 22" West) 512.78 feet; thence
South 27° 35' 02" West, 3087.19 feet to Engineer's
center line Station 139+00. The widths in feet of the
strip of land above referred to are as follows:
Station to Station Width on Westerly Side of Center Line
110+00 112+00 50
112+00 114+00 50 taper to 60
114+00 120+00 60
AND ALSO, a tract of land lying in the Northeast
Quarter of the Southeast Quarter (NE4 SE4) of Section
Eighteen (18), Township Eighteen (18) South, Range
Twelve (12) East of the Willamette Meridian, Deschutes
County, Oregon, described as follows: Beginning at a
point on the Section line between Sections 17 & 18 a
distance of 3131.9 feet South from the Northeast corner
of said Section 18; thence continuing South along the
said Section line a distance of 322.5 feet to a point;
thence due West to a point located on the Easterly
right of way line of Brooks -Scanlon, Inc., railroad;
thence Northerly along the Easterly boundary of said
Brooks -Scanlon, Inc., railroad to a point located due
West of the point of beginning; thence East a distance
of 140 feet to the point of beginning,
and depicted on the map, marked Exhibit A, attached hereto and by
this reference incorporated herein.
Section 2. To adopt as the Board of County Commissioners'
findings and conclusions, the Findings and Decision of the Hearings
Officer dated June 17, 1980, relating to zone change number Z-80-2,
marked Exhibit B, attached hereto and by this reference incorporated
herein.
ORDINANCE NO. 80-218, PAGE 2
VOL PAGE
Section 3. This Ordinance being necessary for the
immediate preservation of public peace, health and safety, an
emergency is declared to exist, and this Ordinance takes effect
on its passage.
DATED this day of NO1980.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
OBERT C. AULSON, JR., Commissione
,.c
ATTEST:
TAMMY 7ICHARDSON
Recor ing Secretary
ORDINANCE NO. 80-218, WAGE 3
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o�S&HUTF VOL 36PAGE 326
HEARINGS OFFICER
COU NA A DESCHUTES COUNTY COURTHOUSE BEND, OREGON 97701
TELEPHONE (503) 382-4000, EXT. 223
FINDINGS AND DECISION
FILE NO: Z-80-2
APPLICANT: Robert Haynes
REQUEST: Application for a zone change from SR -20, Suburban
High Density Residential, to CH, Highway Commercial.
PLANNING STAFF
RECOMMENDATION: Denial
PLANNING STAFF
REPRESENTATIVE: Craig Smith
PUBLIC HEARING: Public Hearing was held in Room 1_06, Deschutes County
Courthouse Annex, Bend, Oregon on May 13th, 1980 at
7:00 P.M. The matter was continued until the May 27th,
1980 meeting for a decision only. On May 27th the public
hearing was held in Room 106, Deschutes County Courthouse
Annex, Bend, Oregon at 7:00. An oral decision was rendered
at that time.
BURDEN OF PROOF: In order to receive a recommendation to the Board of
County Commissioners, the applicant must establish and
meet the terms of Deschutes County Procedural Ordinance
PL -9, Section 6.000 and be in conformance with the in-
tent, policies and goals of Bend Urban Area General Plan,
PL -1.1.
FINDINGS:
A. Subject Property:
1. Location:
The subject property is located westerly off of South Highway 97
approximately 1/2 mile north of China Hat Road, and is further de-
scribed as a portion of Tax Lot 2001, Township 18, Range 12 east,
Section 17.
2. Zone:
SR -20, Suburban High Density Residential
3. Comprehensive Plan Designation:
Approximately 300 feet along U.S. highway 1197 is Highway Commercial
4. Site Description:
The subject property is approximately six acres in size, however the
Z-80-2 - ROBERT HAYNES - PAGE l
EXHIBIT B
I
VOL 6PAGE 327
Zone change would be approximately 300 feet along U.S. Highway
#97. The subject property is outside the Phase II Sewer System.
The property is approximately 1/2 mile from the Bend Urban Growth
Boundary. This property has an existing commercial use on it.
CONCLUSIONS:
A. The Bend Area General Plan designates approximately 300 feet in depth
on this property as it borders U.S. Highway #97 as Highway Commercial.
The zoning in Deschutes County's new zoning Ordinance PL -15 designates
this property as SR -20. The Hearings Officer finds specifically that
the Bend Area General Plan provides for Highway Commercial as follows:
"Areas are intended to provide for those areas which have large site
requirements, or are oriented to highway access or provide service
to the travelling public. Uses could include motels, auto agencies,
building material sales, mobile home or trailer sales, equipment sales
and rental. In addition, highway commercial areas could include re-
creation facilities such as bowling alleys, drive-in theaters, mini-
ature golf courses, or similar activities.
Because highway commercial areas are located on the plan along major
entrances to the community, special consideration should be given to
landscaping, setbacks, access and signing. These areas will form the
first impression of the community and can have a significant impact
on the travelling public."
The Hearings Officer further finds that this proposed application is in con-
formance with that stated policy and designation of the Bend Area General
Plan. The property is approximately 1/2 mile within the Bend Urban Growth
Boundary, although the Bend Urban Growth Boundary has not been acknowledged
at this time by LCDC. It is the Hearings Officer's opinion that this par-
ticular piece of property will remain in the Urban Growth Boundary and will
remain designated on the Bend Area General Plan as Highway Commercial.
The Hearings Officer finds that it is clear from the evidence submitted by
the applicant, the documentation, the Bend Area General Plan update, 1979,
part 2, revised March 10th, 1980, along with the information provided by the
staff, that this was an oversight in the adoption of the zoning ordinance.
The existing use is that of Highway Commercial, and to attempt to reduce that
to residential us in this=particular location with the surrounding uses is
inappropriate.
The Hearings Officer finds that this application is in conformance with LCDC
Goals, specifically Goal 5, Open Spaces, Scenic and Historic Areas and Natural
Resources, which require that before building permits would be issued that any
further development would relate harmoniously to the natural environment. Fur-
ther that this application is in conformance with Goal 14, Urbanization. The
subject property is currently within tha Bend Urban Growth Boundary.
RECOMMENDATION:
The Hearings Officer recommends that Z-80-2 be approved based upon the above
findings and conclusions.
Z-80-2 ROBERT HAYNES - PAGE 2
VOL e36PAGE 328
DATED this day of June, 1980.
This decision becomes final 15 days after the above date, unless appealed
to the Planning Commission by a party of interest.
MyeyrAvedove(cli
HE INGS OFFICER
MA: ch
cc: File
Robert Haynes
Planning Commision
Planning Department
Z-80-2 - ROBERT HAYNES - PAGE 3