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Home My WebLink About85-043S5_29248 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, An Ordinance Amending Ordin- ance PL -15, Deschutes County Zoning Ordinance of 1979, as Amended, Rezoning Certain Property From Rural Residen- tial (RR -10) Zone To Rural Industrial (RI) Zone And De- claring An Emergency. ORDINANCE NO. 85-043 VOL REVIEW p OUNSr'L EGON 6 1 L 76 PAGE 64 6 D DEC 2'7 OR: dQ MARY SUI �HOU.Qw MM Qm WHEREAS, Deschutes County proposed the rezoning of certain property from Rural Residential (RR -10) Zone to Rural Industrial (RI) Zone; and WHEREAS, notice of hearing was given in accordance with law; and WHEREAS, the hearings on the proposed zone change have been held; and WHEREAS, the Exception Area Plan has been modified and the parcel has been designated Limited Rural Industrial; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. That Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, as amended, is amended to change the zoning from Rural Residential (RR -10) Zone to Rural Industrial (RI) Zone for the parcel of real property described as Tract E, LaPine Industrial Site, 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 conclusion of the Staff Report relating to Zone Change Application No. Z-85-6, marked Exhibit "B", attached hereto and by this reference incorporated herein. 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. 1 - ORDINANCE NO. 85-043 11 70 Fg- 65 DATED this day of December, 1985. BO RD OF COUNTY COMMISSIONERS OF SCHUTES UNTY, OREGON LAURENCE A. TU LE, Chairman ATTEST: J LOIS B TOW Commissioner Recording Secretary DI M Nr ommissloner 2 - ORDINANCE NO. 85-043 LA PINE INDUSTRIAL SITE LOCATED IN THE WEST ONE—HALF OF THE WEST ONE—HALF OF SECTION 13, VOL 70 PAG 66 AND THE EAST ONE—HALF OF SECTION 14, TOWNSHIP 22 SOUTH, RANGE 10 EAST, OF THE WILLAMETTE MERIDIAN EXHIBIT "A" twr a-ue' a.w ..r ' f•ar.o ww a-1/2.1.•.• ..t p• tsN •l'[ H/t.It• NI .. •«Nt /11 s••••r [.s.i•• N •1•]•[•!2'!2'2 2!17.88' ••r.., Nl ��- 11•!66.81 lt•[ 41!77.•;• so a7. •c st1N6. It Ko.f- ul• s• rIrr Htsae -t.L.r, 40.0 U art ss 7'12.7—ItsLer -+-- • .. • Irl • Asa se,- -_ •• •• f10:1f• ma.6a' Irl . 7.41• f e' A -t 18U a1' 1 Irl. f e.• 8!' If't 4o. 181 • asO.O s' . / Isl• iH• V It la.•J•' �' JlI let S .• t•7Yl MN. V ` 1 / t IN• seN K'[ .tH.)1' I 1 !18.22.••! t ltp.al' 1• IJ t ' j a«•+-ev to N rw.. s/rwr ,.• I ••1 •. ul a ./ Y sr••. 1 .•tw" , • fft Ore < -•�• TRACT E 86.84 AC.a 3d000 `•e. - SE§ ese rr co - �oi at V.4 Hr w. 131 r f«•. Yt` N•. n• TRACT• A • R ✓w <..... 44.60 AC.a I al•r•e•os':Yr Irst_ss' • .. Its. r12•DT ss'. 188x./!'- UI•ree•O•Yf'r **a.er lop. ree•Ol'U it Rha. 1i - «•« - •�Ile b.— so tot: 3e2••dw [ St0e.6f .- 1•s«••ed.. C/a Lr Rwa W >. I r ..- r W. A/V Iw,;.r.a-*. Isl•f6r•Y •3-c Sa06.W '••t2r••O'N'2 1272.20' R•N !/t•. r•6 866.87 lrr I 10• w .N • ( ao ow 1 ` W. FOSS- ROAD b ea t.A' aw onrrn/• Iii. a a F.- 4 :. f0• ]•o Cc7 e•o/1 n 1 � •N :• a«.16 Is1 191 mow:. 4 - a: w e • . TRACT D 2w. .. y� 1 rrr : 21.62 AG ] • sear I• It K /•fIf•Iter. s{ . -A:a• I . ••6 t r. -I1,11M, yiiLa iisi Ifl at• ue f6' ---� 131.2 418•.1 36'41 Ire 720• , 1 1 irl Rf 2f••O'•t'41 last.:•' �. 28!•662•••' 71'41 121r.2f• / Iq•tH••d •i -t 18.7.2•' -� 111•i6e•dlYr 18tl 17• . p r2I R'Y'r • 0 - Irl• 2418• at f0•r I[7f.l O• - • F t-I/t'tn•• •4 --_ '366•ly set 107162 D . IEY 6UTTE Ito. • I SEE /LATE 3IF C4 IMfww••• •d 161: O.M i.•16 1 t w ~s I si so Itl•6:•N se• f2•a ' w: M" 341 »[ ItOt.]t• � � _ w t •. .� y w «r _ 7 C� ti • \ f.�• t.wa-6r.r It 2 -In' 6r.•. A.Ir)• 641 e• ea• H'a 170.8•• 1.141' [1.1 •/ ..n« e•I .. .N ryrr 18)•828• !e' 28.41 1418.67 / w a 0 s ett r __r 12) Ii,• w.rs too • o TRACT C '�000 TRACT 6 •. / o :V �0 91.04 ACS • ; e:o4 5196 Ac.] • • �ee0 It ir.� 160. rtrN'N•[ 8041. q' - /71..6e•.Yflet. 806.7 Milk. •� •� . tfP r. e••f .r'■ .888..7• ( l •r..•n Ir'1 I .o•..i � i . .;, �, • !18.187.7 t uoa.18' . ` •, �: w •aw•r I • N 17 , .. _ Na t•' w N• .a H• .� EXHIBIT "B" Yat 70 wE 67 DESCHUTES COUNTY PLANNING DIVISION STAFF REPORT FILE NUMBER: PA -85-3 and ZC-85-6 HEARING DATE: Wednesday, October 9, 1985 PLACE: Courthouse Annex, Room A TIME: 7:30 p.m. APPLICANT: Deschutes County Courthouse Annex Bend, Oregon 97701 PROPERTY OWNER: Deschutes County % Richard Isham, Legal Counsel Courthouse Annex Bend, Oregon 97701 SUBJECT: An application for a plan amendment from Medium Density Residential to Limited Rural Industrial and a zone change from RSR -M, Rural Service Residential, to RI, Rural Industrial, on an approximately 91 -acre parcel located southerly of rin`ley Butte Road and westerly of the Burlington Northern Railroad tracks; a plan amendment from Limited Rural Industrial Reserve to Limited Rural Industrial, and a zone change from RR -10, Rural Residential, to RI, Rural Industrial, on an approximately 88 -acre parcel located northerly of Foss Road and westerly of the Burlington Northern Railroad tracks. The subject property is further described as portions of tax lot 102 in Sections 13 and 14, Township 22S, Range 10E. STAFF FINDINGS: I. LEGAL FINDINGS: A. Article VIII of PL -15, the Deshutes County Zoning Ordinance, states: "Section 10.010 AUTHORIZATION TO INITIATE AMENDMENTS. An amendment to the text of this ordinance or to a zoning map may be initiated by the Board of County Commissioners or by application of a property owner. The request by a property owner for an amendment shall be accomplished by filling an application on forms provided by the Planning Department." r Flee Page -1- PA -85-3 and ZC-85-6 • VOL 70 PAGE 68 "Section 10.020 PROCEDURE FOR ZONING AMENDMENTS. Action on proposed zoning text or map amendments shall proceed according to the terms of County Ordinance 82-011." "Section 10.025 REZONING STANDARDS. The applicant for a quasi-judicial rezoning must establish that the public interest is best served by a rezoning of the property. Factors to be demonstrated by the applicant are: (1) That the change conforms with the Comprehensive Plan and the change is consistent with the Plan's introductory statement and goals. (2) That the change in classification for the subject property is consistent with the purpose and intent of the proposed zone classification. (3) That changing the zoning will presently serve the public health, safety, and welfare considering the following factors: a. The availability and efficiency of providing necessary public services and facilities. b. The impacts on surrounding land use will be consistent with the specific goals and policies contained within the Comprehensive -plan. (4) 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." B. Oregon Administrative Rules (OAR) 660-04-022 (3) states: "(3) Rural Industrial Development: For the siting of industrial development on resource land outside an urban growth boundary, appropriate reasons and facts include, but are not limited to, the following: (a) The use is significantly dependent upon a unique resource located on agricultural or forest land. Examples of such resources and resource sites include geothermal wells, mineral or aggregate deposits, water reservoirs, natural features, or river or ocean ports, or (b) The use cannot be located inside an urban growth boundary due to impacts that are hazardous or incompatible in densely populated areas, or (c) The use would have a significant comparative advantage due to its location (e.g., near existing industrial activity, an energy facility, or products available from other rural Page -2- PA -85-3 and ZC-85-6 VOL 70 PAGE 69 activities), which would benefit the county economy .and cause only minimal loss of productive resource lands. Reasons for such a decision should include a discussion of the lost resource productivity and values in relation to the county's gain from the industrial use and the specific transportation and resource advantages which support the decision. II. BASIC FINDINGS: 1. LOCATION: The subject property is located northerly of Foss Road, southerly of Finley Butte Road, westerly of the Burlington Northern Railroad tracks, and is further described as portions of tax lot 102 in Sections 13 and 14, Township 22S, Range 10E. 2. ZONING: The subject property is currently zoned either RR -10, Rural Residential, or RSR -M, Rural Service Residential. 3. COMPREHENSIVE PLAN DESIGNATION: The subject property is designated as either Limited Rural Industrial, Limited Rural Industrial Reserve, or Medium Density Residential on the Deschutes County Comprehensive Plan. 4. SITE DESCRIPTION: The subject property has a generally level topograpy with a light to heavy cover: -.of lodgepole pine. 5. The portion of the subject property shown on Tract C on the attached map is an approximately 91.04 -acre parcel. The proposed change on this parcel would be for a plan amendment from Medium Density Residential to Limited Rural Industrial and a zone change from RSR -M, Rural Service Residential, to RI, Rural Industrial. 6. Tract E shown on the attached map is an approximately 88.84 -acre parcel. This parcel would require a plan amendment form Limited Rural Industrial Reserve to Limited Rural Industrial and a zone change from RR -10, Rural Residential, to RI, Rural Industrial. 7. The final plat for the LaPine Industrial Site was filed in January of 1985. This subdivision created parcels from approximately one acre to sixteen acres in size for industrial development. The majority of the lots in the subdivision are approximately two acres in size. There has been numerous requests for small, industrially zoned property in the LaPine area. 8. In the LaPine Industrial Site Study, the majority of the county property located west of the Burlington Northern Railroad is designated for industrial reserve with a portion of it designated for residential uses. Page -3- PA -85-3 and ZC-85-6 VOL 70 PACE 70 9. The subject property is currently vacant of any structures. 10. Deschutes County has received inquiries from two lumber manufacturing companies concerning large sites zoned industrial to lease or buy in the LaPine area. 11. Access to the subject property is off of Foss Road and Finley Butte Road, both county roads. 12. Any use proposed for either parcel would have to provide its own water system and effluent disposal system which complies with Oregon Department of Environmental Quality standards. 13. The adjoining land to the east is currently zone RI with some industrial -type uses. 14. The adjoining land to the west is currently zoned RSR -M with scattered residential uses. III. CONCLUSIONARY FINDINGS: A. Conformance with Article VIII of PL -15, the Deschutes County Zoning Ordinance: 1. The intent of the plan is to provide for adequate industrial sites in the LaPine core area. `Policy;#32 on page 49 of the Deschutes County Comprehensive Plan states: "Identify an industrial area east of the railroad tracks to allow the development of a better employment and tax base for the community. The County shall control the development of this site -and provide some basic infrastructure facilities such as roads. To help pay for the costs involved and to obtain the most efficient use of the land, the areas shall be managed for its timber until needed for industrial use." Policy #34 states: "Other existing industrial areas shall receive industrial zoning and the area between the railroad tracks and the existing industry on William Foss Road shall be maintained as an industrial reserve area by the establishment of a Rural Density Residential zone." 2. Section 4.220 of PL -15, the Deschutes County Zoning Ordinance, states: Page -4- PA -85-3 and ZC-85-6 VOL 70 PAEE 71 "The purposes of the Rural Industrial zone are to encourage employment opportunities in rural areas and to promote the appropriate economic development of rural service centers which are rapidly becoming urbanized and soon to be full-service incorporated cities, while protecting the existing rural character of the area as well as preserving or enhancing the air, water, and land resources of the area." It is clear that the proposed change to Rural Industrial in the LaPine area is consistent with the purpose of the RI zone. 3. The majority of the subject property has been planned for future industrial uses. The type of facilities to be located there would generally provide their own sewer and water services. County roads, as well as police and fire protection, are already available in the area. Some expansion of these services may be necesary. 4. Depending upon the type of business, some impact may be felt on the residential development to the west. Care will be taken during site plan review to ensure that any negative impacts will be minimized by the use of buffers and the actual placement of the structures and associated facilities. `. B. Conformance with OAR 660-04-022: C. The subject property has been designated for future industrial zoning to allow for industrial -type uses which are compatible and necessary for the LaPine Rural Service Center. Proposed uses for the industrial area have included such things as lumber and firewood processing, which are dependent upon the large amount of dead lodgepole pine in the area caused by the Mountain Pine Beetle infestation. Conformance with the applicable Land Conservation and Development Commission (LCDC) Goals: 1. Goal 4 - Forest Lands. Although the property is o� resfee-d;i—f---ff'is aTready been included in the LaPine Rural Service Center. 2. Goal 6 - Air, Water, and Land Resources Quality. Any facility to be located in either the existing or proposed industrial areas will be required to meet all federal, state, and local standards. All applicable federal, state, and local agencies will have an opportunity to review the proposals during site plan review. Conditions of approval will be included in the site plan decision to ensure these requirements are met. Page -5- PA -85-3 and ZC-85-6 VOL 70 PACE 72 3. Goal 9 - Economy of the State. The establishment of an industrial area i_n LaPine has been identified in the Deschutes County Comprehensive Plan to allow for the development of a better employment base. This change would be consistent with this goal. IV. CONCLUSIONS: A. The proposal is in conformance with Article VIII of PL -15, the Deschutes County Zoning Ordinance. B. The proposed changes are in conformance with Oregon Administrative Rule 660-04-022 (3). C. The proposal is in conformance with the State of Oregon Land Conservation and Development Commission Goals. Based upon the above conclusions, the staff recommends that the application for a plan amendment and zone change be approved. CJS/sw Page -6- PA -85-3 and ZC-85-6