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Home My WebLink About81-023VOL 38PAGE 18 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Ordinance ) No. PL -11, as Amended, the Bend ) Urban Growth Boundary Zoning ) Ordinance; Rezoning Certain ) Property from Light Industrial ) Zone - IL Zone, to General ) Industrial Zone - IG Zone; and ) Declaring an Emergency. ) ORDINANCE NO. 81-023 WHEREAS, ARTHUR POZZI and JEFFREY SERCOMBE proposed the rezoning of certain property from Light Industrial Zone - IL Zone, to General Industrial Zone - IG Zone; and WHEREAS, notice of hearing was given in accordance with law; and WHEREAS, the Hearings Officer held a hearing on the pro- posed zone change on April 28, 1981; and WHEREAS, the Hearings Officer recommended that the property be rezoned from Light Industrial Zone - IL Zone, to General Industrial Zone - IG Zone; and WHEREAS, the decision of the Hearings Officer has not been appealed to the Bend Urban, Area Planning Commission; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. To amend Ordinance No. PL -11, as amended, the Bend Urban Growth Boundary Zoning Ordinance, to change the zoning from Light Industrial Zone - IL Zone, to General Industrial Zone - IG Zone, for the parcel of real property described as: Tax Lots 200, 2500, 2800 and a portion of 2100, in Section 21C, Township 17 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, 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 May 18, 1981, relating to Zone Change Application Z-81-7, marked Exhibit "B," attached hereto and by this reference incorporated herein. ORDINANCE NO-: &-023, PAGE 1 VOL 38PAGE 19 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 l D day of I'LLj1 'e 1981. BOARD OF COUNTY COMMISSIONERS OF D W HUTES COUNTY, OREGON A V� u a . , vaao.LLu� W UNG, iss,' er . /stitraxll , u0mmi.s s ATTEST: SUSAN STONEMAN Recording Secretary ORDINANCE NO. 81-023, PAGE 2 E X H I B I T B ° HEARINGS OFFICER DESCHUTES COUNTY COURTHOUSE ANNEX BEND, OREGON 97701 C4 TELEPHONE (503) 388.6626 FINDINGS AND DECISION VOL 38?AOE 20 FILE NO: Z-81-7 APPLICANT: Jeffrey Sercombe and Arthur Pozzi REQUEST: An application for a change in zoning on a 4.5 acre parcel located east of Boyd Acres Road. The subject property is currently zoned I1- Light Industrial with the proposed zoning ''.IG, General Industria.. PLANNING STAFF REPRESENTATIVE: Richard Knoll PLANNING STAFF RECOMMENDATION: Appproval PUBLIC HEARING: Public Hearing was held in room 106, Deschutes County Courthouse Annex, Bend, Oregon on Tuesday, April 28, 1981 at 7:00 Y.M. An oral decision was rendered at that time. BURDEN OF PROOF: In order to approve this request for a zone change the appli- cant must meet the criertia set forth in Section 33 of PL -11 of the Bend Urban Area Zoning Ordinance. In addition Section 6.000 of PL -9 must be addressed. FINDINGS: 1. LOCATION- The subject property is located on the east side of Boyd Acres Road south of Murray Road. The property is further described as Tax Lot 200, 2500, 2800. 2100 (portion of) Township 17 south, Range 12 east, Section 21C. 2. ZONE: IL, Light Industrial. 3. COMPREHENSIVE PLAN DESIGNATION: Light Industrial. 4. SITE DESCRIPTION: The subject property is 4.5 acres in size and includes four (4) tax lots. The property has a fairly flat topography with some elevated rock outcroppings. The land is barren except for a few scattered juniper trees located primarily on the south side. A single family dwelling exists on the northeast portion of the prop- erty. The subject property is contiguous to Boyd Acres Road and has access to that road. Z-81-7 - CFR((1MRF./PC17.7.T -•PArF 1 vcN 38 Pl� 'AON CONCLUSIONS: This proposal is consitent with the Deschutes County Comprehensive Plan and conforms to the Bend Area Genereal Plan )p. 41-42). The General Plan recognizes existing industrial development and has attempted to zone those areas accordingly. This is reflected in the IG zone existing at the Bend Millwork site, west of the proposed area. There are no residential site contiguous to . which might offer a hinderance. There is access from the parcel to an arterial and rail access from the west. The property of this request is adjacent to existing IG land. This land and surrounding land have been consistently set aside as industrial properties since early 1970. The only parcels within the Bend Urban Area designated as IG are: Diamond International, Willamette Korpine industries along the Deschutes River, developed property along Highway 97 North, and the industrial park located north and east of the intersection of Wilson and 9th Streeets. The applicant's proposed use is an office, a batch plan and truck farm for Bend Redi-Mix Concrete. This use is not an allowed outright use in an IL zone. The two zones which permit that use are the Surface Mining and General Industrial zone. The reason for the restriction is the theory that this use is processing of aggregate materials. Because of the limited IG land in the Bend Urban Area, the Hearings Officer finds that the addi- tional property would be in conformance with the Comprehensive Plan to provide for the. heavy industrial uses and for the development of a balanced economic base. The applicant has established in a written statement that the applicant's current site on First Street is unsatisfactory. The site has access onto either Franklin or Greenwood Streets both streets are very busy and in the heart of Bend. The City of Bend has shown an interest to have this operation removed from this area. The Hearings Officer finds that there is a need to re -zone the subject property at this location to IG, General Industrial. DECISION: APPROVAL. � ! DATED this Jr day of May, 1981. er This decision becomes final 15 days after the above date, unless appeled to the Planning Commission bye—party of interest. OFFICER MA: ch cc: File Planning Department Planning Commission Jeffrey Sercombe Arthur Pozzi PA -81-2)- SERCO:B3E/P0ZZI - PAGE 2 VOL 38PACE 21 E)( VA k SVIII/4 SEC. 21 TZIS. R.12–t–ViNi. DESCHUTES COUNTY AfAv St. tA=, 17-12 2:3 a0a'TI •o 17 12 2! loo I'T 2,e 00 2a G 04— -N( T H 17 12 : 1500 13 JP- L• 700 1100 S3 0 1300 -3 ti 1600 1700 I 1900 q 2wo i -e660 112rJC 2 43 I% I'T 2,e 00 2a G 04— -N( T H 17 12 : Vol S W 1/4 SEC. 21 T21S. R.12E1vM DESCHUTES COUNTY ��ZDINA�iC� 110. SI•D22 AMD- S.. MD tSO. Ql1-d�3 Ino", ' 100 :T 90u 800 1 . .0 ' 1300 - - 2*0W •' 2100 // 2Cqk 21 =� I G.G-. -- NORTH_ fN'IDA •H' UNIT' - i 38PAGE 22 - 17 12 21C 17 12 21 Y � ti E r L -� 1500 1700 1900 �� 2000 h 7 2*0W •' 2100 // 2Cqk 21 =� I G.G-. -- NORTH_ fN'IDA •H' UNIT' - i 38PAGE 22 - 17 12 21C 17 12 21