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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DE
An Ordinance Amending Ordinance
No. PL -15, Deschutes County Zoning
Ordinance of 1979, as Amended,
Changing the RSR -5 Zoning to
Research and Development, on a
Portion of a 35 -Acre Parcel of
Real Property Located in Section
31, Township 16 South, Range 12
East of the Willamette Meridian,
Deschutes County, Oregon, and to
Change the Zone Designation of a
Portion of an Adjoining Parcel
From Research and Development to
RSR -5, and Declaring an Emergency.
.i AN 1.1 1990
ORDINANCE NO. 90-002
!A i
! EC :L COUNSEL
- -UNTY _. GON
WHEREAS, Science Properties proposed a zone change from
RSR -5, Rural Service Residential, to Research and Development 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 December 5, 1989; and
WHEREAS, the Hearings Officer recommended that the zone
change requested for the subject property be approved subject to
conditions by decision dated December 12, 1989; and
WHEREAS, the decision of the Hearings Officer has not been
appealed; and
WHEREAS, by Ordinance No. 90-001, 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 zoning on certain property, described in Exhibit "A,"
attached hereto and by this reference incorporated herein, and
depicted on the map marked Exhibit "B," attached hereto and by
this reference incorporated herein, from RSR -5 to Research and
Development, and to change the zoning on certain property
1 - ORDINANCE NO. 90-002
0`0 -0633
described in Exhibit "C" and depicted on the map marked Exhibit
"D," attached hereto and by this reference incorporated herein,
from Research and Development to RSR -5.
Section 2. To adopt the Findings and Recommendation of the
Hearings Officer dated December 12, 1989, relating to Zone Change
Application No. ZC-89-9, marked Exhibit "E," attached hereto and
by this reference incorporated herein, as the findings of the
Board of County Commissioners in support of the zone change.
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 day of , 1990.
BOARD OF COUNTY COMMISSIONERS
OF MESCHUMES COUNT'S OREGON
A EST:
ecording ecretary
2 - ORDINANCE NO. 90-002
IS ,2RIfiTOW PAANTE, Commissioner
ss
094 0639
EXHIBIT "A"
Land to be Designated Research and Development
A portion of Tax Lot 161231-400 located in the Southwest Quarter
(SW 1/4) of Section Thirty-one (31), Township Sixteen (16), East
of the Willamette Meridian, Deschutes County, Oregon, described
as follows:
Commencing at the West 1/4 corner of said Section 31; thence
South 890 48' 33" East along the North line of the SW 1/4 of said
Section 31 a distance of 660 feet; thence South 00 5' 21" East
parallel to the West line of said Section 31 a distance of 883.46
feet to the northwest corner of said Tax Lot 161231-400; thence
South 89° 48' 33" East a distance of approximately 485 feet to
the point of beginning for this description; thence South 0° 4'
16" East a distance of approximately 429 feet along the juniper
tree line; thence North 89° 38' 10" East a distance of approxi-
mately 490 feet; thence South 890 07' 03" East a distance of
approximately 633 feet to the Westerly boundary of Bailey Road;
thence Northeasterly along Bailey Road a distance of approxi-
mately 457 feet to the Southern boundary of Tax Lot 161231-407;
thence North 890 48' 33" West a distance of approximately 1284
feet to the point of beginning.
1 - EXHIBIT "A"
EXHIBIT "B" f-11 T4 - 0 6 4 0
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EXHIBIT "C"
Land to be Designated Low Density Residential
A portion of Tax Lot 161231-407 located in the Southwest Quarter
(SW 1/4) of Section Thirty-one (31), Township Sixteen (16), East
of the Willamette Meridian, Deschutes County, Oregon, described
as follows:
Commencing at the West 1/4 corn
South 890 48' 33" East along th
Section 31 a distance of 660 fe
parallel to the West line of sa
feet to the point of beginning
89° 48' 33" East a distance of
South 00 5' 21" East a distance
tree line; thence North 890 48'
mately 485 feet to the Southwes
thence North 0° 5' 21" West a d
point of beginning.
1 - EXHIBIT "C"
er of said Section 31; thence
e North line of the SW 1/4 of said
et; thence South 00 5' 21" East
id Section 31 a distance of 483.46
for this description; thence South
approximately 485 feet; thence
of 400.00 feet along the juniper
33" West a distance of approxi -
t corner of Tax Lot 161231-407;
istance of 400.00 feet to the
EXHIBIT "D"
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EXHIBIT " E"
0643
FINDINGS AND RECOMMENDATION
A
FILE NO. PA -89-7 and ZC-89-9
G tggg
APPLICANT: Science Properties
64550 Research Road
Bend, OR 97701 \\C®EJNry zLL
REQUEST: Applications for a Plan Amend �t,Z,gpd Zone
Change to change the Com- ehe �kre Plan
designation and the zoning on a parcel from
RSR -5 to Research and Development.
PLANNING STAFF
REPRESENTATIVE: Paul E. Blikstad
BURDEN OF PROOF: The applicant must establish that the Plan
Amendment and Zone Change conform with OAR
660-04-020 (2) of the Deschutes. Comprehensive
Plan and Zoning Ordinance.
PRELIMINARY FINDINGS
1. LOCATION:
The subject property is located on Bailey Road adjacent to
the existing research development and is described as Tax
Lot 16-12-31, Tax Lot 400.
2. ZONE:
The subject property is zoned RSR -5, Rural Service
Residential - five acre minimum. It is designated Low
Density Residential on the Deschutes County Comprehensive
Plan.
HEARING AND EXHIBITS
The hearing was held on the above -referenced application on
December 5, 1989, at the Deschutes County Administration
Building. The following exhibits make up the record in this
matter:
A. Application;
B. Burden of Proof Statement;
C. Transmittals of affected agencies:
1. Building Department;
2. State Water Master's Office;
3. Bend Fire Department; and
4. Public Works Department;
D. Staff Report;
E. Avedovech letter dated November 14, 1989; and
F. Alexander letter dated November 16, 1989..
-1- FINDINGS AND RECOMMENDATION, File No. PA -89-7 and ZC-89-9
099 - 0644
FINDINGS OF FACT
Plan Amendment/Zone Chanqe
1. The subject property is approximately 35 acres and is
currently vacant. The applicant is requesting a Plan
Amendment and Zone Change from the existing RSR -5 zoning to
Research and Development for 20 acres of a 35 acre parcel.
The 20 acres is to be consolidated with the existing parcel
for the Bend Research property. The subject property
consists of the research facility, with buildings,
driveways, parking areas and landscaping. There is an
existing lawn area covering approximately four to five acres
and a scrub brush area to the west of the lawn. The
property slopes sharply to Bailey Road on the east side.
There is also an existing pond and what appears to be a
concrete storage tank. The area of the requested rezone is
relatively level with a cover of juniper and scrub brush.
This property also slopes sharply to Bailey Road.
2. Surrounding land use includes scattered dwellings with hobby
farms and vacant land to the north, west and south. To the
east is Bailey Road, with Bend Aggregate's operation further
east. The subject property sets on a ridge overlooking
Tumalo.
3. The Bend Fire Department requested that adequate fire
fighting water supply be provided. They also requested that
the required fire flow within 150 feet of all exterior walls
of new buildings be sufficient for a minimum of two hours.
4. The research facility has intentions of expanding the
facility in the future at the existing location. The
subject property, as well as the adjacent area to be rezoned
is not considered resource land. It is not being utilized
for crops or livestock and is covered in juniper trees and
scrub brush. The property is currently zoned RSR -5, Rural
Service Residential and is within the Tumalo Rural Service
Center. The purpose of the RSR zone is to maintain the
rural character of the area in the immediate vicinity for a
Rural Service Center, while allowing for increased density
because of that proximity, but assuring densities are
compatible with the services available as well as the land
.and natural resources.
5. The existing facility covers approximately one-third of the
buildable area on the existing R & D zoned parcel. There is
an existing lawn area west of the research facility, which
contains the septic disposal system. There is also an
undeveloped portion of the property, with a cover of juniper
and scrub brush on the western edge of the property.
-2- FINDINGS AND RECOMMENDATION, File No. PA -89-7 and ZC-89-9
099 - 0645
6. The existing research facility was located on the subject
property in 1975, with two expansions occurring since that
time. The subject property is designated Rural Service
Center on the Deschutes County Comprehensive Plan and the
rezone of property from RSR -5 to Research and Development
does not require an exception to Goal #3, the agricultural
goal. The property to be rezoned is not being utilized for
farm uses, and is technically not resource land. The
existing Research and Development zone was created
specifically for Bend Research and is part of the Tumalo
Service Center.
7. The research facility is a relatively quiet land use, set
well off the existing road.
8. The expansion of the facility has created additional
employment to the area and has met the intent of the
Research and Development Zone, stated as follows:
The purpose of the Research and Development zone is to
allow research and development facilities requiring a
more rural, non -industrial location to be located in
designated areas of the County and encourage
employment opportunity within the County while
protecting the rural character of the area, as well as
preserving or enhancing the air, water and land
resources of the area.
9. This facility predates many of the residences on adjoining
properties. The road was paved by Bend Research. Presently
Bend Research is considered a good neighbor by adjoining
property owners.
10. At the hearing, there was concern raised by neighbors who
live along Research Road to the extent of expansion by Bend
Research and the impacts that expansion may have on the
adjoining properties. Presently, Bend Research has lands
located west of its building site which could be utilized
for building purposes. However, if the building site were
located near Research Road it would have a much more
intrusive impact on the residences along Research Road.
11. Both prior to and at the hearing, Bend Research. indicated
that those acreages located immediately east of Research
Road would be left in open space or used for rural
residential purposes. It is logical and reasonable to allow
Bend Research to expand their research facility south of
their existing building site. Similarily, the impacts on
the rural residential nature of the surrounding area would
be enhanced by a similar rezoning of the acreage west of the
building site from Research and Development to RSR -5.
Further, a split zoning of the property subject to expansion
wherein RSR -5 property is zoned on the acreages closest to
Research Road and the properties farther east on Tax Lot 404
-3- FINDINGS AND RECOMMENDATION, File No. PA -89-7 and ZC-89-9
099- - 0646
(south of the existing buildings) would be zoned Research
and Development. This would provide a buffer between the
residences on Research Road and the Bend Research
facilities. Also, it would provide for only a slight
increase in the total acreages designated for research and
development and thereby have a negligible impact on the
Comprehensive Plan and the zoning of this general area.
CONCLUSION AND RECOMMENDATION
BASED UPON the foregoing Findings of Fact, the Hearings Officer
hereby recommends APPROVAL of the Plan Amendment and Zone Change
subject to the following considerations:
1. That the parcel subject to this application be split
in its designation for rezoning. The eastern two-
thirds of this parcel could be designated for Research
and Development and the western one-third of the
parcel could be left at RSR -5.
2. That this rezoning accompany a rezoning of the western
third of the existing Bend Research site from Research
and Development to RSR -5.
THIS DECISION BECOMES FINAL 10 DAYS FROM THE DATE MAILED, UNLESS
APPEALED.
DATED and MAILED this 12th day of December, 1989.
EDWARD P. FITCH
Hearings Officer
cc: BOCC
Deschutes County Planning Commission
Deschutes County Planning Director
Myer Avedovech
Von and Flora Alexander
Richard Gomez
Mr. and Mrs. Michael Long
Roger Hageman
Mike Freeman
-4- FINDINGS AND RECOMMENDATION, File No. PA -89-7 and ZC-89-9