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HomeMy WebLinkAbout90-001REVIEV"J D 9o- 00419 039 ~' U6 7 LE COUNSEL ar BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREI An Ordinance Amending Ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan, As * �, Amended, to Change the Designation of Certain Property From Low Density Residential to Research * MICROFILMED and Development, and to Change the * ' Designation of a Portion of * JAN 111990 Certain Adjoining Property From * `° Research and Development to Low *„ Density Residential, and Declaring an Emergency. ORDINANCE NO. 90-001 WHEREAS, Science Properties proposed the redesignation of certain property from Low Density Residential to Research and Development; and WHEREAS, notice of hearing was given in accordance with law; and WHEREAS, the Hearings Officer held a hearing on the proposed redesignation of property on December 5, 1989; and WHEREAS, the Hearings Officer approved the proposed redesig- nation of property subject to conditions by decision dated December 12, 1989; and WHEREAS, the decision of the Hearings Officer has not been appealed; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. Ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan, as amended, is further amended to redes- ignate that certain property described in Exhibit "A," and depicted on the map marked Exhibit "B," attached hereto and by this reference incorporated herein, from Low Density Residential to Research and Development, and to redesignate that certain property described in Exhibit "C," and depicted on the map marked Exhibit "D," from Research and Development to Low Density Resi- dential. Section 2. The Board of County Commissioners adopts as its findings and conclusions in support of the plan amendment, the Findings and Recommendation of the Hearings Officer, dated 1 - ORDINANCE NO. 90-001 1.) 913 - 0828 December 12, 1989, relating to Plan Amendment Application No. PA -89-7, marked Exhibit "E," 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 �. day of3101J.4'.41, 1990. LRD 0Yr OUNTYY COMMISSIONERS ATT 144 ording Secretary 2 - ORDINANCE NO. 90-001 099 - 0629 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 890 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 890 38' 10" East a distance of approxi- mately 490 feet; thence South 89° 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" (l C) y U b 3 U H Qo W P O 0 000 Q 0 00 OO o o0 O0 O 41 r � 1 r` Z P a o w 1i O' 11 a N 41 � 1 OC 1i O' 11 a •+ ® 1 11 CJ I II I �O� �'O �� O 0 i'Oi "9 ''0 Oilii/ 0 0 0 011,111911 6 0 ,° 0 0 0 00 00 0 0 0 0 0 0 0 0 O O O b 0 0 o0 0 0 EXHIBIT "C" Land to be Designated Low Density Residential A portion of Tax Lot 161231-407 located in the (SW 1/4) of Section Thirty-one (31), Township of the Willamette Meridian, Deschutes County, as follows: Commencing at the West 1/4 corn South 89° 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 89° 48' mately 485 feet to the Southwes thence North 0° 5' 21" West a d point of beginning. 1 - EXHIBIT "C" 099 - 0631 Southwest Quarter Sixteen (16), East Oregon, described 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 rn oe EXHIBIT " ly" 42 o9') 0632 • • • 110 ••00 w•• •• e ••••!• ! A � r � 11 . L (( 1 w $ K� ' i� s.. 4 0 r c A 11 . O (( Ol ' i� 4 0 c ----, �dC, 1 I ® Cl 1 1( 1� CJ cl r/(lllllrO �'/ 00 ° '''° 0 �pliq 0 ° �A ° 0 0° ° O'°rfrlrlTt 00 (� 1►1`� O h -O 00116 ''b r10 0 o O O o 0 0 0° 0 O 0 0 0 O 00 0 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 EXHIBIT " E' Q 6 3 3 12 FINDINGS AND RECOMMENDATION A FILE NO. PA-89-7 and ZC-89-9 DEC 199 APPLICANT: Science Properties 64550 Research Road Bend, OR 97701 ��, COUNTY REQUEST: Applications for a Plan Amend pd done Change to change the Comprehe-' 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 0634 FINDINGS OF FACT Plan Amendment/Zone Change 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 1) 919 y 0635 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 0636 (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