HomeMy WebLinkAbout86-00386- 1999 A COUNSEL I
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES NTY, OREGON
VOL 70 585
An Ordinance Re -adopting
Ordinance No. 85-043, Amending* '
Ordinance PL -15, Deschutes
County Zoning Ordinance of * kFY cr
1979, as Amended, Rezoning
Certain Property From Rural
Residential (RR -10) Zone To
Rural Industrial(RI) Zone And*
Declaring An Emergency.
cry
ORDINANCE NO. 86-003
WHEREAS, Deschutes County proposed Ordinance No. 85-043,
rezoning 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 were
held; and
WHEREAS, the Exception Area Plan has been modified and the
parcel has been designated Limited Rural Industrial; and,
WHEREAS, the Board of County Commissioners adopted Ordinance
No. 85-043 on December 24, 1985; and
WHEREAS, the Board of County Commissioners finds that Ordi-
nance No. 85-043 should be re -adopted in order to enable the Land
Conservation and Development Commission to consider this ordi-
nance pursuant to Oregon Administrative Rule 660-03-033 when it
reviews Deschutes County's request for expedited acknowledgment
of its Comprehensive Plan and implementing ordinances at the Land
Conservation and Development Commission's January 30 and 31,
1986, meeting; 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.
1 - ORDINANCE NO. 86-003
• - VOL 76 PAGF 586
Section 2. To adopt as the Board of County Commissioners'
findings and nclusions, 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 is a re -adoption of Ordinance No.
85-043.
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 January, 1986.
r wWaM106
2 - ORDINANCE NO. 86-003
BOARD OF COUNTY COMMISS 1 ERS
OF DR!V,HUTES X!,bURTY, OCON
, cnairman
k. �jUT LLE�E.;c Commissioner
• // t�"I /�,f.
, -Commissioner
[• - L/A PINE INDUSTRIAL SITE
LOCATED IN THE WEST ONE-HALF
OF THE WEST ONE-HALF OF SECTION 13,
AND THE EAST ONE-HALF OF SECTION 14,
TOWNSHIP 22 SOUTH, RANGE 10 EAST,
t OF THE WILLAMETTE MERIDIAN QQ"�
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EXHIBIT "B" VOL 70 FADE 5VV
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 Finley 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:
Page -1-
"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."
?A -S5-3
lid ��.2G-x�ce_ra...�
PA -85-3 and ZC-85-6
VOL 70 PAGE 589
"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
0 Page -2- PA -85-3 and ZC-85-6
VOL 70 PAGE 590
activities), which would benefit the county
economyiand 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 AGE 591
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 -h1
with scattercd 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'sdequate
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:
0 Page -4- PA -85-3 and ZC-85-6
VOL 70 PACE 592
"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 chance 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:
Page _5_
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 (LCOC) Goals:
1. Goal 4 - Forest Lands. Although the property is
foreste`c , —i T'{ias`aTr`eady been included i n the LaPine
Rural Service Center.
2. Goal 6 - Air, Water, and Land Resources Quality. Any
f a c 11 i ty fo`be Tocateoin ei thea t e 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.
PA -85-3 and ZC-85-6
von 70 FbL,F 593
3. Goal 9 - Economy of the State. The establishment of
an industrial area` in CaPine 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.
CJ S/sw
Page -6- PA -85-3 and ZC-85-6