HomeMy WebLinkAbout86-00586- 2001
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
An Ordinance Re -adopting Ordi-*
nance No. 85-045, Amending
Subsection (5) of Section
4.130 Of Ordinance No. PL -15, *
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. 86-005
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COUNSEL"
OREGON
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, Deschutes County proposed Ordinance No. 85-045 to
so amend Section 4.130 of Ordinance No. PL -15; 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; and
WHEREAS, the Board of County Commissioners adopted Ordinance
No. 85-045 on December 31, 1985; and
WHEREAS, the Board of County Commissioners finds that Ordi-
nance No. 85-045 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:
1 - ORDINANCE NO. 86-005
VOL
76 FA -U-604
Section 1. That Subsection (5) of Section 4.130 of Ordi-
nance No. PL -151 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
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 nclusions 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 is a re -adoption of Ordinance No.
85-045.
Section 4. 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.
2 - ORDINANCE NO. 86-005
a
v?, 70 PA,F DO
DATED this c day of January, 1986.
BOARD OF COUNTY COMMISSIQNERS
OF DFZI HUTES BOUNTY, OSIN
ATTEST:
- yw�
Record'ng S�tary
3 - ORDINANCE NO. 86-005
, Chairman
LITTLE, Commissioner
/x �� ./lam.
, -commissioner
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File Number:
Applicant:
Request:
-.Planning Staff
- Representative:
Planning Staff
Recommendation:
Public Hearing:
Burden of Proof:
FINDINGS:
"EXHIBIT A"
Vot 70 FACE 636
Hearings Officer,
Administrative Law JudgE
Courthouse Annex / Bend, Oregon 97701 / (5031388-662
(503)382-872
Michael T. Dug
DESCHUTES COUNTY HEARINGS OFFICER
PUBLIC HEARING, July 23, 1985
.FINDINGS AND DECISIONS
ZC-85-4
STEVE GOLD
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 d�esscribed.a 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.
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 70 PAGE607 '\
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 (DEQ) has submitted
a letter dated July 16, 1985. The DEQ has been concerned with
'". the nitrate level in the -subsurface water. --The Deschutes Countv
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"—area wpuld be
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
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
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.
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
"27. The Lapine Core
incorporate and/or to form
necessary public services.
sewer system."
"32.
rlighway 97,
community's
Vol,
Area shall be encouraged
special service districts
First priority shall be
0 PACE 608 '
to
to provide
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. ,
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The change is only to allow smaller parcels in the cor6
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
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VO! 70 FADE
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--kn- no case shall a lot
area of less than one-half acre be approved. The
hearings body shall make all of the following findings:
The lot shall be within a sanitary district formed
pursuant to ORS Chapter 450 and subject'to assessment by
the district; i
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:
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THIS DECISION WILL BE FORWARDED TO THE BOARD OF COUNTY
CCaMISSIONERS RECOMMENDING APPROVAL OF THE REQUESTED AMENDMENT.
DATED this
-aft- day of August, 1985.
�r\A"�
MICHAEL T. DUGAN
Hearings Officer
MTD/jeh
c: file
BOCC
City of Bend
c
Planning Director
4 - FINDINGS AND DECISIONS
City of Redmond City Planning Director
Deschutes County Planning Director
Deschutes County Public Works Department
Robert Lovlien
Steve Gold
5 - FINDINGS AND DECISIONS
V 01! 70 PACE 610