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Home My WebLink About83-010VOL 45 FACE 608 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Ordin- ance No. 80-216 (PL -10), the General Plan for the Bend Area, to change the Desig- nation of Certain Property From Highway Commercial Designation to Urban Reserve Designation, and to Change the Designation of Certain Other Property From Urban Reserve Designation to Highway Commercial Designa- tion; and Declaring an Emergency. FILED MAR 7 - 683 MARY SUE PENFI'OLL04',1, CO. CLERK ORDINANCE NO. 83-010 WHEREAS, Backstrom, Ray and Bruckner proposed the redesig- nation of certain property from Highway Commercial Designation to Urban Reserve Designation, and proposed the redesignation of certain other property from Urban Reserve Designation to Highway Commercial Designation; and WHEREAS, notice of hearing was given in accordance with law; and WHEREAS, the Hearings Officer held a hearing on the proposed redesignations of property on December 14, 1982; and WHEREAS, the Hearings Officer recommended the proposed redes- ignations of the property by decision dated December 21, 1982; and WHEREAS, the decision of the Hearings Officer has not been appealed to the Deschutes County Planning Commission; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. To amend Ordinance No. 80-216 (PL -10), General Plan of the Bend Area, to redesignate certain property from Highway Commercial Designation to Urban Reserve Designation described as: Tax Lots 87 and 93 in Section 9D, Township 17 South, Range 12, East of the Willamette Meridian, Deschutes County, Oregon; 1 - ORDINANCE NO. 83-010 v` r VOL 445 F C,V and depicted on the map marked Exhibit "A", attached hereto and by this reference incorporated herein. Section 2. To amend Ordinance No. 80-216 (PL -10), General Plan of the Bend Area, to change the designation of certain property from Urban Reserve Designation to Highway Commercial Designation for the parcel of real property described as: Tax Lots 89, 90, and 92 in Section 9D, 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 3. To adopt as the Board of County Commissioners' findings and conclusion the Findings and Decision of the Hearings Officer dated December 21, 1982, relating to Plan Amendment Application PA -82-2, marked Exhibit "B", attached hereto and by this reference incorporated herein. Section 4. 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 1983. ATTEST: SUSAN STONEMAN Recording Secretary 2 - ORDINANCE NO. 83-010 BOARD OF COUNTY COMMISSIONERS OF DE, LCHSJTES COUNTY, OREGON BRISTOW PW TE, Commissioner TUTTLE, Commissioner qD Sub�cc� pmpe�y 67 Qui t�1�Yl-y 93 CommerciO +0 � Urban Resewve. Z aN� 66 96 , J N y VOL 45 FAcF610 SEI/4 SEC. 9 T 17S. R.12 E.W.M. DESCHUTES COUNTY 1" =200' t, a • r 301 z R98 86 , S.w oa ee'e i y +:M •s9 X /94 302 �,.. 89 s Do a' � / v. l i2 .F 3� / v' r•M�1 201 400 r 9022o70s022 NON, 800 23 e)F 51, 21 r gfO`J900 l �0- 100 20 mrh Llrbah \ �. 4 130C) ail 1200 Rese�r� e. ). = / 16 � 1 � N� 1100 (�r��18 a� S . o �i1Q��Qy °'"� � m" /14 C GU SAn�L'ti..� i1 See Mop 17 2 9 a 13• oa C 542Lv%y J , = 65GC Ql s ...15 14 es'3'53(10�'�Li 3 6 i' ^SiCOa 6GOV .a (N ^n HAWKIN �s )t: ,r 560G EXHIBIT "A" m FILE NO: APPLICANT: REQUEST: HEARINGS OFFICER DESCHUTES COUNTY COURTHOUSE ANNEX BEND, OREGON 97701 TELEPHONE (503) 386.6626 LANNING STAFF REPRESENTATIVE: PLANNING STAFF RECOMMENDATION: PUBLIC HEARING: BURDEN OF PROOF: FINDINGS: FINDINGS AND DECISION PA -82-2 Backstrom, Ray and Bruckner VOL 45 ?ACF An application for a Plan Amendment from UAR-10, Urban Area reserve to CH, Highway Commercial. Craig Smith Approval The public hearing was held in room 106, Deschutes County Courthouse Annex, Bend, Oregon on Tuesday, December 14, 1982 at 7:00 P.M. An oral decision was rendered at that time. In order to receive approval of this request the applicant must meet the criteria set forth in Section 33 of PL -11, Bend Urban Growth Boundary Zoning Ordinance. 1. LOCATION: The subject property is located westerly of Highway 97, northerly of Cooley Road and is further described as Tax Lots 901 and 1200 in Section 9, and Tax Lots 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 300, 301, 302, and 400 in Section 9D, Township 17 south, Range 12 east. 2. ZONE: The parcel is located within CH, Highway Commercial and UAR-10, Urban Area Resesrve. 3. COMPREHENSIVE PLAN DESIGNATION: The subject property is designated as Highway.Commercial and Urban Area Reserve on the Comprehensive Plan map. PA -82-2 - BACKSTROM, RAY AND BRUCKNER - PAGE 1 EXHIB T 'W' t, N Vol, 45 DACE 612 4. SITE DESCRIPTION: The subject property has a varied topography and is covered with a moderate cover of juniper trees and asagebrush. CONCLUSIONS: The majority of this property was approved by the Hearings Officer on March 9, 1982 after full hearings for a zone change, Z-81-22. Subsequently it was discovered that the wrong legal description for the subject property used, and that there was a mistake in the drafting of the Comprehensive Plan in the subject area. However, the previous public hearings adequately covered the area in question. DECISION: The Hearings.Officer recommends approval, subject to the following conditions: 1. A zone change for the majority of the property was approved by the Hearings Officer on March 9, 1982. 2. The applicant has shown that a change in circumstances has occured on the subject property. 3. The application should also be in conformance with policies of the Bend Area General Plan. 4. The proposed change would be the best way to designate the boundary between Commercial and Urban Reserve on the Bend Area General Plan Map. DATED this ,day of December, 1982. This decision becomes final fifteen days after the date mailed unless appealed to the Planning Commission by a party of interest. er Aveaovecn ARINGS OFFICER MA: ch cc: Planning Department Planning Commission Road Department Carl Backstrom George Ray Allen Bruckner PA -82-2 - BACKSTROM, RAY AND BRUCKNER - PAGE 2 HEARINGS OFFICER . VOL 45 ?Aur 613 DESCHUTES COUNTY COURTHOUSE ANNEX BEND, OREGON 97701 TELEPHONE (503) 388-6626 February 8, 1983 Mr. Robert Lovelien Attorney at Law P.O. Box 1151 Bend, Oregon 97709 Re: Dear Bob: PA -82-2 Please note the following changes to the Findings and Decision of the above listed application. This amendment will create conformance with the amendments done to the Zone Change. Please delete the four conditions contained in your Findings and Decision and add them as Findings. The conditions that apply are as follows: 1. Tax. Lots 87 and 93 in Section 9D, Township 17 south, Range 12 east shall be designated Urban Reserve on the Bend Area General Plan Map. 2. Tax Lots 89, 90, and 92 in Section 9D, Township 17 south, Range 12 east, shall be designated as Highway Commercial on the Bend Area General Plan Map. Please excuse the oversight in failing to amend the Plan Amendment to conform to the Zone Change. As you are aware, this became a very confusing situation with the various legal descriptions. With the addition of these two conditions the matter should be finally settled. Very truly your 7(7 Myer Avedovech HEARINGS OFFICER MA/ch cc: File Craig Smith EXHIBIT "B"