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HomeMy WebLinkAbout80-218VOL ' mE � 4�2 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Ordinance ) No. PL -11, Bend Urban Growth ) Boundary Zoning Ordinance; Re- ) L (j zoning a Portion of Certain ) Property from Residential -Sub- urban High Density (SR -20) Zone ) ,'1980 to Commercial -Highway (CH) Zone; ) ROSEMAR and Declaring an Emergency ) oESCHUrES�p��TERSON Y cfz?k ORDINANCE NO. 80-218 WHEREAS, Robert F. Haynes has made application to rezone a portion of certain property from Residential -Suburban High Density (SR -20) Zone to Commercial -Highway (CH) 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 on May 13, 1980, and May 27, 1980; and WHEREAS, the Hearings Officer recommended that the property be rezoned from Residential -Suburban High Density (SR -20) Zone to Commercial -Highway (CH) Zone; and WHEREAS, the Board of County Commissioners held a public hearing on the proposed zone change on September 10, 1980; and WHEREAS, the Board of County Commissioners approved the decision of the Hearings Officer; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. To amend Ordinance No. PL -11, Bend Urban Growth Boundary Zoning Ordinance, to change the zoning from Residential - Suburban High Density (SR -20) Zone to Commercial -Highway (CH) Zone, for the parcel of real property described as: "A portion of Tax Lot 2001, Section 17, Township 18 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, more particularly described as: The easterly 300 feet of the following -described real property adjacent to The Dalles-California Highway: "A tract of land lying in the Northwest Quarter of the Southwest Quarter (NWk SW4) of Section Seventeen (17), Township Eighteen (18) South, Range Twelve (12) ORDINANCE NO. 80-218, PAGE 1 . VOL 6PAGE 323 "East of the Willamette Meridian, Deschutes County, Oregon, described as follows: Beginning at a point on the Section line between Sections 17 and 18, 3131.9 feet South from the Northwest corner of said Section 17 and running thence South 89° 33' East, 1003.7 feet to the West right of way line of the Dalles-California Highway; thence Southwesterly 350 feet along the said West right of way line of the said Dalles-California Highway; thence North 89° 33' West, 846 feet, more or less, to the West Section line of Section 17 to the point of beginning, EXCEPTING THERE_ FROM a strip of land appropriated by the State of Oregon for public purposes as set forth in the judgment and decree entered October 26, 1966, in suit in the State Circuit Court, County of Deschutes, Case No. 13275, said excepted parcel being described more particularly as follows: Beginning at Engineer's center line Station 103+00.03, said Station being 2860.91 feet North and 1400.60 feet East of the Southwest corner of said Section 17; thence on a 2864.79 foot radius curve right (the long chord of which bears South 22° 27' 22" West) 512.78 feet; thence South 27° 35' 02" West, 3087.19 feet to Engineer's center line Station 139+00. The widths in feet of the strip of land above referred to are as follows: Station to Station Width on Westerly Side of Center Line 110+00 112+00 50 112+00 114+00 50 taper to 60 114+00 120+00 60 AND ALSO, a tract of land lying in the Northeast Quarter of the Southeast Quarter (NE4 SE4) of Section Eighteen (18), Township Eighteen (18) South, Range Twelve (12) East of the Willamette Meridian, Deschutes County, Oregon, described as follows: Beginning at a point on the Section line between Sections 17 & 18 a distance of 3131.9 feet South from the Northeast corner of said Section 18; thence continuing South along the said Section line a distance of 322.5 feet to a point; thence due West to a point located on the Easterly right of way line of Brooks -Scanlon, Inc., railroad; thence Northerly along the Easterly boundary of said Brooks -Scanlon, Inc., railroad to a point located due West of the point of beginning; thence East a distance of 140 feet to the point of beginning, and depicted on the map, marked Exhibit A, attached hereto and by this reference incorporated herein. Section 2. To adopt as the Board of County Commissioners' findings and conclusions, the Findings and Decision of the Hearings Officer dated June 17, 1980, relating to zone change number Z-80-2, marked Exhibit B, attached hereto and by this reference incorporated herein. ORDINANCE NO. 80-218, PAGE 2 VOL PAGE Section 3. 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 NO1980. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON OBERT C. AULSON, JR., Commissione ,.c ATTEST: TAMMY 7ICHARDSON Recor ing Secretary ORDINANCE NO. 80-218, WAGE 3 t, � .r a u ... s .. ; ...T, - I . A -" : . 4 v y - _ i -- c 1 17 .1 I1\rtA ;-, f 70 0 ` y 'r 01 2200 0 . 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'-tri Y ' ' .r't�x:^ o�S&HUTF VOL 36PAGE 326 HEARINGS OFFICER COU NA A DESCHUTES COUNTY COURTHOUSE BEND, OREGON 97701 TELEPHONE (503) 382-4000, EXT. 223 FINDINGS AND DECISION FILE NO: Z-80-2 APPLICANT: Robert Haynes REQUEST: Application for a zone change from SR -20, Suburban High Density Residential, to CH, Highway Commercial. PLANNING STAFF RECOMMENDATION: Denial PLANNING STAFF REPRESENTATIVE: Craig Smith PUBLIC HEARING: Public Hearing was held in Room 1_06, Deschutes County Courthouse Annex, Bend, Oregon on May 13th, 1980 at 7:00 P.M. The matter was continued until the May 27th, 1980 meeting for a decision only. On May 27th the public hearing was held in Room 106, Deschutes County Courthouse Annex, Bend, Oregon at 7:00. An oral decision was rendered at that time. BURDEN OF PROOF: In order to receive a recommendation to the Board of County Commissioners, the applicant must establish and meet the terms of Deschutes County Procedural Ordinance PL -9, Section 6.000 and be in conformance with the in- tent, policies and goals of Bend Urban Area General Plan, PL -1.1. FINDINGS: A. Subject Property: 1. Location: The subject property is located westerly off of South Highway 97 approximately 1/2 mile north of China Hat Road, and is further de- scribed as a portion of Tax Lot 2001, Township 18, Range 12 east, Section 17. 2. Zone: SR -20, Suburban High Density Residential 3. Comprehensive Plan Designation: Approximately 300 feet along U.S. highway 1197 is Highway Commercial 4. Site Description: The subject property is approximately six acres in size, however the Z-80-2 - ROBERT HAYNES - PAGE l EXHIBIT B I VOL 6PAGE 327 Zone change would be approximately 300 feet along U.S. Highway #97. The subject property is outside the Phase II Sewer System. The property is approximately 1/2 mile from the Bend Urban Growth Boundary. This property has an existing commercial use on it. CONCLUSIONS: A. The Bend Area General Plan designates approximately 300 feet in depth on this property as it borders U.S. Highway #97 as Highway Commercial. The zoning in Deschutes County's new zoning Ordinance PL -15 designates this property as SR -20. The Hearings Officer finds specifically that the Bend Area General Plan provides for Highway Commercial as follows: "Areas are intended to provide for those areas which have large site requirements, or are oriented to highway access or provide service to the travelling public. Uses could include motels, auto agencies, building material sales, mobile home or trailer sales, equipment sales and rental. In addition, highway commercial areas could include re- creation facilities such as bowling alleys, drive-in theaters, mini- ature golf courses, or similar activities. Because highway commercial areas are located on the plan along major entrances to the community, special consideration should be given to landscaping, setbacks, access and signing. These areas will form the first impression of the community and can have a significant impact on the travelling public." The Hearings Officer further finds that this proposed application is in con- formance with that stated policy and designation of the Bend Area General Plan. The property is approximately 1/2 mile within the Bend Urban Growth Boundary, although the Bend Urban Growth Boundary has not been acknowledged at this time by LCDC. It is the Hearings Officer's opinion that this par- ticular piece of property will remain in the Urban Growth Boundary and will remain designated on the Bend Area General Plan as Highway Commercial. The Hearings Officer finds that it is clear from the evidence submitted by the applicant, the documentation, the Bend Area General Plan update, 1979, part 2, revised March 10th, 1980, along with the information provided by the staff, that this was an oversight in the adoption of the zoning ordinance. The existing use is that of Highway Commercial, and to attempt to reduce that to residential us in this=particular location with the surrounding uses is inappropriate. The Hearings Officer finds that this application is in conformance with LCDC Goals, specifically Goal 5, Open Spaces, Scenic and Historic Areas and Natural Resources, which require that before building permits would be issued that any further development would relate harmoniously to the natural environment. Fur- ther that this application is in conformance with Goal 14, Urbanization. The subject property is currently within tha Bend Urban Growth Boundary. RECOMMENDATION: The Hearings Officer recommends that Z-80-2 be approved based upon the above findings and conclusions. Z-80-2 ROBERT HAYNES - PAGE 2 VOL e36PAGE 328 DATED this day of June, 1980. This decision becomes final 15 days after the above date, unless appealed to the Planning Commission by a party of interest. MyeyrAvedove(cli HE INGS OFFICER MA: ch cc: File Robert Haynes Planning Commision Planning Department Z-80-2 - ROBERT HAYNES - PAGE 3