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HomeMy WebLinkAbout89-02589 26128 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTESTY, OREGON n "'T 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 C6 SE 1/4 of the SE 1/4 East of the Willamette in Township 21 South, EXHIBIT B t_ �.r +� r .tel 40 �. I � . N R I _ 11 1Z mn "S n Io o �p m 00 ^00 i; • J V bd9£ 01 IZ 33S av9£ 01 IZ 33S Olcl co n ,mom i ' W O O 0--------------------- v - Q �• � a Im a m v M M W 0 W 0 N D7 2� ?\ N N V CL tD ,J 0 Q 8 w st i 1 a m cD M M :. .J w 0 N r • I '1 t y1 �1 N ...� •/ N n 01 li X1'1 � n ! ' t; Oma' 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) p 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: - 5 - ORDER & FINDINGS OF FACT (RUSV01) 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)