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HomeMy WebLinkAbout85-045N �s-®02.39 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Sub- section (5) of Section 4.130 Of Ordinance No. PL -15r Deschutes County Zoning Ordi- nance of 1979, As Amended, To Authorize A Minimum Lot Size Of 20,000 Square Feet, Adopt- ing Findings, And Declaring An Emergency. ORDINANCE NO. 85-045' WHEREAS, Steve Gold made application for a zone change to amend Section 4.130 of Ordinance No. PL -15, the Deschutes County Zoning Ordinance of 1979, to allow a smaller lot size in the Rural Service Center 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 and amendment on July 23, 1985; and WHEREAS, the Hearings Officer's decision was reviewed by the Deschutes County Planning Commission, and on October 24, 1985, the Planning Commission made its recommendation to the Deschutes County Board of Commissioners; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. That Subsection (5) of Section 4.130 of Ordi- nance No. PL -15, Deschutes County Zoning Ordinance of 1979, as amended, is further amended to read as follows: (5) Lot Size. (A) The minimum average width of lots served by an approved community, municipal or public water system and an approved community or public sewer- age system shall not be less than 50 feet with minimum area of 6,000 square feet. (B) The minimum average width of lots served by either an approved community, municipal or public water 1 - ORDINANCE NO. 85-045 0 t_ VOL 70 FACE 1 5 system or an approved community or public sewerage system, but not served by both, shall not be less than 100 feet with a minimum area of 15,000 square feet. (C) The minimum average width of lots not served by either an approved community, municipal or public water system or an approved community or public sewerage system shall be 150 feet with a minumum area of one acre. Subject to the findings below, the hearings body may approve a lot area of less than one acre, but in no case shall a lot area of less than 20,000 square feet be approved. The hearings body shall make all of the following findings: 1. The lot can meet DEQ on-site sewage disposal rules then in effect; 2. The approval of a smaller lot would not sig- nificantly increase nitrate levels in the ground water; 3. The lot shall have a supply of potable water that would not be affected by the install- ation of an on-site sewage system. Section 2. To adopt as the Board of County Commissioners' Findings and Conclusions the Findings and Decisions of the Hearings Officer, dated August 27, 1985, a copy of which is attached hereto as "Exhibit A" and incorporated herein, except as modified in the amendment set forth above. Section 3. 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 31s-L'day of December, 1985. B04R* OF COUNTY COMMISSIONERS OF PtSCHUTES COUNTY, OREGON E A. TUTTXLE, Chairman ATTEST: LOIS BWISTOW P TE, Commi stoner 111,00ey Recording Secretary DI LIN, Commissioner 2 - ORDINANCE NO. 85-045 "EXHIBIT A" -� E s c von 70 FADE 106 �/ r'' �f ,2� Hearings Officer/ 1 ,' Administrative Law Judge Courthouse Annex / Bend, Oregon 97701 / (503) 388-6626 (503)382-8721 Michael T. Dugan C41��0�5 DESCHUTES COUNTY HEARINGS OFFICER co PUBLIC HEARING, July 23, 1985 � v �vFINDINGS AND DECISIONS `.-1 9LSV File Number: ZC-85-4 Applicant: STEVE GOLD Request: Planning Staff - Representative: Planning Staff Recommendation: Public Hearing: Burden of Proof: An application for a zone change to amend section 4.130 of PL -15, The Deschutes County Zoning Ordinance to allow a smaller lot size in the Rural Service Center zones. The subject property is located at 51477 Highway 97 in LaPine, Oregon and is further dg9cribed.i tax lot 600 in Section 14, T22S, R10E. Linn Bernhardt Denial A public hearing was held in Conference Room A of the Deschutes County Courthouse Annex, Bend, Oregon, on Tuesday, July 23, 1985 at 7:00 p.m., and continued until August 13, 1985. In order to receive approval of this request, the applicant must meet the criteria as set forth in Section 10.025 of PL -15 the Deschutes County Zoning Ordinance. FINDINGS: 1. Location: The subject property is located at 51477 Highway 97 in LaPine and is further described as tax lot 600 in Section 14, Township 22S, Range 10E. 2. Zone: The subject property is zoned RSC, Rural Service Center. 3. Comprehensive Plan Designation: The subject property is 1 - FINDINGS AND DECISIONS VOL designated Rural Service Center on the Deschutes County Comprehensive Plan Maps. 4. Site Description: The subject property is located in the LaPine core area and is approximately one acre in size. Woodrow - Plaza, a small shopping center is located in the southern area of the parcel. There is currently a subsurface sewage system. 5. Surrounding Land Use: The surrounding property is also zoned rural service center. 6. Proposed use: The applicant intends on being able to have "located on the property a 3200 square foot building following a minor partition. The property would provide a 27,000 square foot parcel at the corner of Foss Road and Highway 97. The building would be used as a N.A.P.A. Auto Parts Store. The Department of Environmental Quality a letter dated July 16,1985. The DEQ has beenEconcernedbwith ed the nitrate level in the -subsurface water. -The Deschutes County Planning Commission has expressed concern over the water contamination problems in this area. However, the DEQ has stated that this particular request would not significantly increase nitrate levels in the ground water over an already elevated concentration. The DEQ letter (exhibit No. 4) doe's address the cummulative effects if more than one parcel in th rs`area wpuld be µms' divided. The DEQ.has addressed this issue by stating their ._ comments apply to this particular partition and other partitions that would occur in that portion of the LaPine core area destined for sewering in 1987. By virtue of exhibit No. 4, the DEQ ar, letter, it is apparent that the DEQ believes that no appreciable �.increases in the nitrate level would occur even where all the potential lots were subdivided and developed, so long as those lots were in a sanitation district destined for sewering. -.: By letter dated August 13, 1985 (Exhibit 10) the Planning �-; Staff of Deschutes County suggests that the Planning Commission believes the development in the Lapine core area should be qLr restricted until the sewer system is operational. This position ._, rests on the cummulative impact of development. Since the DEQ has determined that there would be no significant cummulative impact in this area, I find that this concern has been addressed by the applicant. 4...a Conformance with the applicable criteria in Section 10.025 Of PL -15. 1. That the change conforms to the comprehensive plan, and the change is consistent with the plans introductory statement and goals. The Rural Development chapter of the Deschutes County Comprehensive Plan lists several policies in regards to the Rural Service Center of Lapine: 2 - FINDINGS AND DECISIONS ted• � Sf RF" .. _ 1ILf, -- 7ff FADE 11-8 ` AI` There has been a change in circumstances. This circumstance being the creation of the sanitation district and the relative' certainty that a sewer system will be established within the next two years. The applicant has proposed language for the amendment to Section 4.130(5) of County Ordinance PL -15. The Planning Staff, while recommending denial, also proposed specific language should the application be approved. On the whole I find that the language submitted by the Planning Staff will better describe the .legal findings necessary for approval of smaller lots. .,Therefore, based upon the findings above stated, I recommend that .Section 4.130(5)(c) of PL -15 be amended to read as follows: The minimum average width of lots not served by either an approved community, municipal or public water system or an approved community or public sewerage system shall be 150 feet with a minimum area of one acre. Subject to the findings below, the hearings body may approve a lot area of less than one acre, but in -no case shall a lot area of less than one-half acre be approved. The hearings body shall make all of the following findings: 1. The lot shall be within a sanitary district formed pursuant to ORS Chapter 450 and subject tQ assessment by the district; s 2. The lot can meet DEQ on-site sewage disposal rules then in effect; 3. The approval of a smaller lot would not significantly increase nitrate levels in the ground water; 4. The lot shall have a supply of potable water that would not be affected by the installation of an on-site sewage system. DECISION: THIS DECISION WILL BE FORWARDED TO THE BOARD OF COUNTY COMMISSIONERS RECOMMENDING APPROVAL OF THE REQUESTED AMENDMENT. DATED this 4-1— day of August, 1985. MICHAEL T. DUGAN Hearings Officer MTD/jeh CC: file BOCC City of Bend Planning Director - 4 - FINDINGS AND DECISIONS it "27. The Lapine Core incorporate and/or to form necessary public services. sewer system." "32. Highway 97, community's VOL 70 PAGElog Area shall be encouraged to special service districts to provide First priority shall be given to a Adequate commercial area will be established along Huntington Road, and William Foss Road to serve the commercial needs." "36. Because of existing and potential problems with water quality, all wells shall be lined, appropriately sited and logged, and septic tanks and community systems shall be properly installed. Strict enforcement of existing state and county regulations shall be required." As previously stated, the Lapine core area has created a service district for the installation of a sewer system. This system is expected to be operable by 1987. By allowing the zone change, additional commercial area will be provided within the core area. And, finally, -the DEQ letter adequately addressed -.the last listed policy... 2. That the change in classification for the subject property is consistent with the purpose and intent of the proposed zone classification. The change is only to allow smaller parcels in the corb area. The proposed language would limit any divisions in this zone to those parcels located within a sanitary district formed pursuant to ORS Chapter 450 and subject to assessment by the district. The change would be consistent. 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 plans. As previously stated, the request is consistent with the comprehensive plan goals and policies. The Lapine core area which is within the sanitation district is of limited size. Limiting commercial areas within the core area to lots not less than one acre in size does unduly restrict the core area commercial development. This restriction could lead to sprawl and undue strain on the existing public facilites. The core area development will be necessary if special service districts such as the existing Lapine Sanitary District are to be successful. 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. 3 - FINDINGS AND DECISIONS / J City of Redmond City Planning Director Deschutes County Planning Director Deschutes County Public Works Department Robert Lovlien Steve Gold 5 - FINDINGS AND DECISIONS J R n .� 7(j PDGF 1�