HomeMy WebLinkAbout89-02589 26128
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTESTY, OREGON
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An Ordinance Amending Ordinance * d;s OL I - P1112: 4 3
No. PL -15, Deschutes County Zoning * n�.NH :
Ordinance of 1979, as Amended, PE
MARY �UE .LOW
Changing the Surface Mining Zone * COUNT ; CLERA
Designation to Rural Industrial
With a Limited Use Combining Zone,
on an 11.9 Acre Parcel of Real
Property Located in Section 36,
Township 21 South, Range 10 East of*
the Willamette Meridian, Deschutes
County, Oregon, and Declaring an
Emergency.
ORDINANCE NO. 89-025
WHEREAS, Vic and Vickie Russell proposed a zone change from
Surface Mining to Rural Industrial on certain real property; and
WHEREAS, notice of hearing was given in accordance with law;
and
WHEREAS, the Hearings Officer held a hearing on the zone
change on May 2, 1989; and
WHEREAS, the Hearings Officer recommended that the zone
change requested for the subject property be denied; and
WHEREAS, the decision of the Hearings Officer was appealed
to the Board of County Commissioners; and
WHEREAS, a hearing was held before the Board of County
Commissioners on July 19, 1989; and
WHEREAS, the Board of Commissioners approved the proposed
rezoning of certain property from Surface Mining to Rural Indus-
trial with a Limited Use Combining Zone; and
WHEREAS, by Ordinance No. 89-024, the Board of County
Commissioners adopted the necessary comprehensive plan amendment;
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 further amended to
change the zone designation on the subject property, described in
Exhibit "A," attached hereto and by this reference incorporated
herein, and depicted on the map marked Exhibit "B," attached
1 - ORDINANCE NO. 89-025
p; i''
hereto and by this reference incorporated herein, from Surface
Mining to Rural Industrial with a Limited Use Combining Zone.
Section 2. The Board of County Commissioners adopts as its
findings and conclusions in support of the zone change the Order
and Findings of Fact, dated September 20, 1989, relating to Zone
Change Application No. ZC-89-4, marked Exhibit "C," attached
hereto and by this reference incorporated herein.
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 Ilth day of1989.
ATTEST:
Recording Sec etary
2 - ORDINANCE NO. 89-025
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTE,$ COUNTY,,,QREGON
LOIS BRISTOW�PRANTE, Chair
TOM T44OOP,,C0MM1BS1oner
D K MAUDLIN, Commissioner
EXHIBIT "A"
The subject property is located in the
of Section 36, Township 21 South, Range 10
Meridian, further described as Tax Lot 104
Range 10 E.W.M., Section 36.
3 - ORDINANCE NO. 89-025
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SE 1/4 of the SE 1/4
East of the Willamette
in Township 21 South,
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EXHIBIT "C"
BEFORE THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
APPLICANT: ) File No. PA -89-4 & ZC-89-4
VIC and VICKIE RUSSELL ) ORDER & FINDINGS OF FACT
This matter came before the Deschutes County Board of
Commissioners on an appeal of the Applicant, Vic and Vickie
Russell, in File No. PA -89-4 and ZC-89-4. The Applicant appealed
the Findings and Recommendations of the Hearings Officer dated
May 11, 1989.
This matter was set for public hearing and after due notice,
hearing was held on July 19, 1989, before the Deschutes County
Board of Commissioners. Based upon the material contained in the
file, PA -89-4 and ZC-89-4, and the additional testimony and
evidence submitted on behalf of the Applicant, the Board of
County Commissioners makes the following Findings of Fact:
BASIC FINDINGS:
1. This is an application for an amendment to the Deschutes
County Comprehensive Plan Year 2000 to allow a change in
designation from Forest to Rural Industrial in File PA -89-4 and
an application for an amendment to the Deschutes County Zoning
Ordinance to allow a zone change from SM, Surface Mining, to RI,
Rural Industrial with a limited use combining zone in File No.
ZC-89-4.
2. The Applicants are Vic and Vickie Russell, 15118 Fall
River Drive, Bend, Oregon 97707.
- 1 - ORDER & FINDINGS OF FACT (RUSVOI)
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3. Burden of Proof: The Applicant must establish that the
plan amendment complies with all applicable Statewide Goals and
Policies established by the Land Conservation and Development
Commission, as well as the Deschutes County Comprehensive Plan.
In the zone change file the Applicant must establish that the
Zone Change complies with Section 4.220 of the Deschutes County
Zoning Ordinance and PL -15.
4. Location: The subject property is located in the SE1/4
of the SE1/4 of Section 36, Township 21 South, Range 10 East, on
the east side of Rosland Road. The subject property is further
described as Tax Lot 104 in Township 12 South, Range 10 East,
Section 36.
5. Zone: The subject parcel is currently zone SM, Surface
Mining and is designated Forest by the Deschutes County
Comprehensive Plan, Year 2000.
6. The hearing was held on July 19, 1989, at the Deschutes
County Administration Building. The following additional
exhibits were submitted as part of the record in this matter:
F. Tax Lot Maps submitted by Applicant.
G. Letter from Russell Industries dated July 18, 1989.
H. Letter from LaPine Fuel & Oil, Inc. dated July 18,
1989.
I. Letter from LaPine Chamber of Commerce dated July
18, 1989.
7. The Applicant seeks to change the Comprehensive Plan
(PA -89-4) from Surface Mining to Rural Service Center -Rural
- 2 - ORDER & FINDINGS OF FACT (RUSVOI)
Industrial on an 11.9 acre parcel. The Applicant is also
requesting a rezoning, (ZC-89-4), from Surface Mining to Rural
Industrial with a Limited Use Combining Zone. The Limited Use
Combining Zone, as requested by the Applicant, would limit uses
on the subject property to the following:
A. Wholesale distribution outlet, including warehousing
but excluding open outside storage.
B. Lumber manufacturing and wood processing except pulp
and paper manufacturing.
C. Contractor's or building materials business and
other construction related business, including plumbing,
electrical, roof, siding, etc., providing such use is wholly
enclosed within a building or no outside storage is permitted
unless enclosed by a site obscuring fence.
8. The subject parcel is currently zoned SM, Surface Mining
and is designated Forest by the Deschutes County Comprehensive
Plan, Year 2000.
9. The subject parcel was created by a Minor Partition,
MP -80-88. Prior to the partition the tax lot was part of a
larger parcel of 77 acres. The following land use action has
occurred on this parcel:
Z-78-5: A request for a zone change from A-1,
Exclusive Agriculture to M-2, Heavy Industrial.
Denied.
10. The subject parcel is approximately 11.9 acres and is
located on Rosland Road, east of Highway 97. The property was
- 3 - ORDER & FINDINGS OF FACT (RUSVOI)
the location of a rock quarry for a number of years. The
property is currently vacant with a few small trees and some
grasses on site.
11. The subject property is bordered on the north by land
zoned RR -10, Rural Residential, on the east by land zoned F-2,
Forest Use, on the south and west by land zoned SM, Surface
Mining. The two parcels zoned SM, Tax Lot 106 and Tax Lot 105 in
21-10-36 are not on the Deschutes County Surface Mining Inventory
List.
12. In April of 1988, the Planning Division received a letter
from Bob Lovlien, Vic and Vickie Russell's attorney, requesting
that Tax Lot 104, Map 21-10-36 be removed from the Deschutes
County Surface Mining Inventory List.
13. Surrounding land use abutting the subject parcel includes
vacant land in private ownership to the north and west and
government owned lands, Bureau of Land Management, to the east
and south. Land uses in the vicinity of the subject property
includes the Wickiup Junction, Rural Service Center, at the
corner of Rosland Road and Highway 97, approximately 1/4 mile to
the west. Newberry EStates Subdivision with 263 platted
residential lots, 108 which are currently developed, lies
approximately 3/4 mile to the east. Cagle Subdivision with 281
platted lots, 153 which are currently developed is within 3/4
mile to the west. Bend and the Bend Urban Growth Area is
approximately 30 miles to the north, and the LaPine Rural Service
Center is 3 miles to the south.
- 4 - ORDER & FINDINGS OF FACT (RUSV01)
14. The applicants propose this zone change so they can lease
six acres of property to Circle Lumber Company of Klamath Falls
for a log storage yard and to use the property to chip those logs
using a portable chipper and other supportive equipment.
15. The following properties in the LaPine area are currently
zoned RI, Rural Industrial:
A.
22-10-14 Tax Lot 100 - 88 acres - unimproved - County
owned.
22-10-14 Tax Lot 300 - 91 acres - unimproved - County
Owned.
22-10-13 Tax Lots 100 -1400 - 160 acres - 9 parcels (14
acres) developed - County owned and private property
(LaPine Industrial Site).
22-10-14BA Tax Lots 500 and 600 - 10 acres - developed -
private property.
22-10-14BA Tax Lots 100 - 400 - 5 acres - undeveloped -
private property.
22-10-11CD Tax Lot 1000 - .87 acres - unimproved -
private property.
22-10-11CC Tax Lot 800 - 2.5 acres - unimproved -
private property.
22 -11 -CC Tax Lot 900 and 1000 - 4.65 acres - developed -
private property.
22 -11 -CC Tax Lots 1400 and 1500 - 3.97 acres -
unimproved - private property.
B. Total acres of Rural Industrial land: 366 +/-
acres. Total acres of Developed Industrial lands: 33.65+/ -
acres.
16. The Planning Division- has received the following
transmittal responses:
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A. Deschutes County Environmental Health Division: A
septic site evaluation and construction permit for operations
requiring waste water disposal.
B. Oregon Department of Fish and Wildlife: Approval
suggested by ODFW.
C. Oregon State Highway Department: Development on
Rosland Road requires construction of a turn refuge on U. S.
Highway 97.
17. There is no available county property for development as
Rural Industrial in the LaPine area. The interim planning
director, George Reed, and county counsel have concluded that
there is no power available to the undeveloped portions of LaPine
Industrial Site making them unavailable at this time for
development.
18. The applicants have also demonstrated that there are no
other private industrial sites that are currently available for
development in the LaPine area. The only other site that was
identified as being a potential developable site by the hearings
officer, in fact, belongs to and is part of the Russell
Industries site west of Highway 97. Reference is made to the tax
lot maps submitted as part of the record by the applicants to
demonstrate the unavailability of any other industrial properties
within the LaPine area.
CONCLUSIONARY FINDINGS:
1. The applicants' Burden of Proof Statement demonstrates
- 6 - ORDER & FINDINGS OF FACT (RUSV01)
that the subject parcel has no economic use as a Surface Mine and
that the parcel is a legal lot created by a Minor Partition in
1980.
2. Conformance with the Deschutes County Comprehensive Plan,
Year 2000 Goals and Policies:
A. Rural Development: The Deschutes County
Comprehensive Plan Section for Rural Development lists 19
policies regarding rural Service Centers. Policy No. 9 states
for the "temporary on-site processing and storage of either
mineral or aggregate materials or agricultural products shall be
permitted as appropriate, in order to support the continued
productivity of the County's Natural Resources". Southern
Deschutes County has many acres of dead or dying lodgepole pine.
The woods quantity and quality makes long transportation routes
to mills uneconomical. Thus, it is desirable to set aside lands
for the storage and processing of primary wood products in the
LaPine area. The proposed rezoning and Plan Amendment will
provide an additional economic base for the LaPine Area.
"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
- 7 - ORDER & FINDINGS OF FACT (RUSVOI)
Industrial in the LaPine area is consistent with the purpose of
the RI zone.
B. Public Facilities and Services: Public facilities
and services are provided to the site by means of Rosland Road,
an improved County Road, electrical lines and phone lines. The
parcels in the area are served by individual wells and septic
systems. Any use on the property will be subject to Site Plan
review. This review will analyze the use and consider any
impacts such use may have on water and air quality, as well as
public facilities and services, prior to approval.
C. Surface Mining: The County's goal is to protect and
utilize appropriately the .mineral and aggregate resources of
Deschutes County. As stated in the findings, this parcel has
been requested to be removed from the Surface Mining Inventory
list. The property has been previously mined for its mineral
resources and any further mining would prove uneconomical. The
parcel no longer has an economic aggregate base, thus, in order
for the property owners to have use of this property, they have
proposed to rezone the parcel to Rural Industrial.
D. Forest Lands: The goal of the Forest Section of the
Comprehensive Plan is to conserve forest lands for forest use.
The Applicant's Burden of Proof Statement did not address the
issues of Forest Class of either adjacent properties or the
subject parcel. The Applicant has stated that the property is
not suitable for either agricultural or forest production in its
- 8 - ORDER & FINDINGS OF FACT (RUSVOI)
reclaimed state. In the Hearing Officer's opinion, this site has
not been reclaimed.
3. Conformance with the applicable Land Conservation and
Development Commission (LCDC) Goals:
A. Goal 2: Land Use Planning as stated in OAR
Chapter 660 for the purpose of taking an exception to the goal.
Under this rule, the zone designation would be limited to rural
uses which meet the following requirements; Section 660-04-022(3)
Rural Industrial Development. For the siting of industrial
development on resource land outside an Urban Growth Boundary,
appropriate reason and facts include, but are not limited to, the
following:
(1) "The use is significantly dependent upon a
unique resource located on agricultural or forest land."
The economics of the rural Service Center and
small wood mill prohibits long transportation routes due
to hauling costs. The Applicants are proposing to
rezone the property as Rural Industrial with a Limited
Use Combining Zone. Uses allowed under the combining
Zone would include:
(a) "Wholesale distribution outlet, including
warehousing but excluding open outside storage."
This use is dependent upon a larger acreage
than is usually found in the Rural Service Center of
LaPine or Wickiup Junction. In this case, the unique
resource would be the size of the parcel, the location
to Rosland Road and proximity to Highway 97 (1/4 mile to
the west), the closeness of the parcel to an
acknowledged service center.
(b) "Lumber manufacturing and wood processing
except pulp and paper manufacturing."
Again, this use- is dependent upon larger
acreage and a ready supply of wood resources,
approximately 70% of non industrial owned private forest
lands are available for harvest. This property has easy
- 9 - ORDER & FINDINGS OF FACT (RUSVOI)
access to Highway 97, is close to many rural residential
lots which could provide an employment base and outlet
for firewood processed on site. The Rural Industrial
Zone and the IG zone, General Industrial Zone are the
only zones outside the City limits which would allow the
processing and manufacturing of wood products. The IG
Zone is located within the Bend Urban Growth area with a
limited supply of available parcels. There are no
parcels of 11 plus acres in size in the Bend UBG. In
addition, the transportation costs from LaPine to Bend
would not be feasible for the small time chipper
operator. Thus the RI Zone is the only practical zone
for this use.
(c) "Contractor's building materials business
or other construction related businesses, including
plumbing, electrical, roof, siding, etc., providing such
use is wholly enclosed with a building or no outside
storage is permitted unless enclosed by a site obscuring
fence."
This use also depends on acreage in a larger
size than is usually found in a Rural Service Center.
In addition, the use may not be appropriate within a
Commercial/Retail area due to the type and bulk of the
materials being stored. An area like this, however, is
necessary surrounding a Rural Service Center so the
commercial and retail establishments have an area for
the wholesaling and storage of goods.
(2) "The use cannot be located inside an urban
growth boundary due to impacts that are hazardous or
incompatible in densely populated areas."
The Bend Urban Growth Area is the closest
Urban Growth Boundary to the LaPine Rural Service
Center. This area has no properties of 11 plus acres in
S ize, zoned IG, General, Industrial, which would allow
the above described uses. The lack of this type of
parcel in the IG Zone demonstrates incompatibility. The
REdmond Urban Growth Boundary, 45 miles North of LaPine,
would be the closest area with large parcels zoned IG.
Transportation costs do not make it practical to store
and warehouse materials used in LaPine in the Bend Urban
Growth Area. In addition, the resource for the running
of a wood processing plant is plentiful in the LaPine
area and wood provides an economic benefit to the LaPine
area.
(3) "The use would have a significant comparative
advantage due to its location, which would benefit the
- 10 - ORDER & FINDINGS OF FACT (RUSVOI)
County economy and cause only minimal loss of productive
resource land."
The Applicants have stated this land is
currently vacant and the location of a previously mined
site. The property is note suitable for the production
of Forest Products but would be beneficial to the County
and Applicant if it were zoned RI and developed. The
use of this property as non -resource land does not
commit adjacent or nearby resource land to any use
changes. A change in zoning of this parcel is
consistent with the surrounding land uses of Rural
Residential and Rural Service Center, all of which has
been granted an exception.
The LaPine Industrial Site, zoned RI, is owned
by Deschutes County and located east of LaPine. This
area is currently developed with several wood storage
and wood manufacturing facilities. The Applicants have
not adequately addressed the need for additional lands
zoned RI in the LaPine area.
B. Goal 4: Forest Lands. The Applicant has stated
that the Forest Resources on the parcel are minimal. This site
is an old Surface Mining area, even with reclamation production
of forest and agriculture products will be of low quality. The
site does not have irrigation water rights. The low rainfall,
lack of topsoil and climate fluctuations in the area also limit
fiber and food production on the parcel. Thus, use of this
property as something other than Forest Use would be consistent
with the Comprehensive Plan and State Wide Goals.
C. Goal 5• Open Spaces, Scenic and Historical Areas
and Natural Resources. The Applicant has stated that all Goal 5
resources, mineral and aggregate, have been extracted from the
site. This change would be consistent with this change.
D. Goal 9: Economy of -the State. The establishment of
industrial areas in LaPine has been identified in the Deschutes
- 11 - ORDER & FINDINGS OF FACT (RUSV01)
County Plan to allow for the development of a better employment
base. This change would be consistent with this goal.
E. Goal 14: Urbanization. The LaPine Rural Service
Center and Wickiup Junction Rural Service Center are currently,
substantially developed with housing (there are several thousand
vacant, platted residential lots within five miles), commercial
and retail services. However, the need for an employment base
still remains. This change would be consistent with this Goal.
4. The applicants have demonstrated that there are no other
lands zoned industrial within the Wickiup Junction area or LaPine
area which are currently developable and ready for use. The
county does not have any property in the LaPine Industrial Park
which is currently developed and with water, power and other
public services available. There are no other privately held
lands that are suitable for development or available for
development at this time.
5. The correspondence from DLCD has concurred that the plan
amendment and zone change would be appropriate, if in fact there
were no other available lands for industrial use within the
LaPine or Wickiup Junction area.
BASED UPON THE FOREGOING FINDINGS, the Deschutes County Board
of Commissioners hereby approves the application for amendment to
the Deschutes County Comprehensive Plan, Year 2000, to allow a
change in designation from Forest to Rural Industrial and
approves applicants' application for a zone amendment to allow a
- 12 - ORDER & FINDINGS OF FACT (RUSVOI)
zone change from SM, Surface Mining, to RI, Rural Industrial with
a limited use combining zone.
DATED this day of September, 1989.
DESCHUTES COUNTY COMMISSIONERS
LOIS PRANTE
RICHARD MAUDLIN
TOM THROOP
- 13 - ORDER & FINDINGS OF FACT (RUSVOI)