HomeMy WebLinkAbout90-027Rte'!
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC--Cf1UNTY. -OPIM
An Ordinance Amending Ordinance
No. PL -11, the Bend Urban Growth
Boundary Zoning Ordinance, As * "'
Amended, Changing the Zoning From
Light Industrial (IL) to Highway
Commercial CH on an Approximately*
11.2 -Acre Parcel of Real Property *�+?
Located in Section 21, Township 17 * +
South, Range 12 East of the
Willamette Meridian Deschutes .
County, Oregon, and Declaring an
Emergency.
ORDINANCE NO. 90-027
WHEREAS, White Leasure Development Co. proposed a zone
change from Light Industrial (IL) to Highway Commercial (CH Zone)
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 1, 1990; and
WHEREAS, the Hearings Officer recommended that the zone
change requested for the subject property be approved with
conditions by decision dated May 25, 1990; and
WHEREAS, the decision of the Hearings Officer has not been
appealed; and
WHEREAS, by Ordinance No. 90-026, 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 -11, the Bend Urban Growth
Boundary Zoning Ordinance, as amended, is further amended to
change the zoning on certain property, described in Exhibit "A,"
and depicted on the map marked Exhibit "B," attached hereto and
by this reference incorporated herein, from Light Industrial
(IL Zone) to Highway Commercial (CH Zone).
Section 2. To adopt the Findings and Recommendation of the
Hearings Officer dated May 25, 1990, relating to Zone Change
Application No. ZC-90-5, marked Exhibit "C," attached hereto and
1 - ORDINANCE NO. 90-027
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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 Am day of , 1990.
BOARD OF COUNTY COMMISSIONERS
OF PESCHUTES COUNTX. OREGON
V L015 RJLPTow PRANTE, commissioner
AT ST.-'
TOM I T 00 P4ir
Recording Secretary D K MAUDLI , Commissioner
2 - ORDINANCE NO. 90-027
�, �XriLtiil "H„
LUQ. 0861
DESCRIPTION SHEET
ShopKo - BEND PROJECT
Remaining portion of tax lot 900, after Boundary Adjustment
A tract of ldnd located in the Northwest quarter, Southwest quarter,
of Section 21, Township 17 South, Range 12 East, Willamette Meridian, Deschutes
County, Oregon, described as follows:
Commencing at the Southwest corner of said Section 21; thence N 00° 20' 25" E,
1322.38 feet; thence S 89" 52' 03" E, 238.85 feet to a point being the centerline
of the relocated Swalley Canal, and the true point of beginning:
thence S 89" 51' 28" E, 639.27 feet to the westerly right-of-way of the
Oregon Trunk Railway;
thence N 00* 17' 31" E along said westerly right-of-way, 742.58 feet;
thence West 134.69 feet to the edSLerly r•fyhL-of-way of Che Swalley A-1
Lateral Canal;
thence West0,12.50 feet more or less to the centerline of said canal;
1� thence along said centerline N 660 57' 47" W, 232.43 feet;
thence S 87° 51' 09" W, 80.06 feet;
thence S 62* 08' 20" W, 79.17 feet;
thence S 29° 42' 31" W, 192.17 feet;
thence S 22' 20' 26" W, 20.94 feet; to the easterly right-of-way of the
Swalley Canal as relocated;
thence alongsaid easterly right-of-way S 00' 07' 49" E, 291.04 feet;
thence N 820 01' 20" W, 52.75 feet, to the westerly right-of-way of said canal;
thence S 13° 30' 23" W, 147.55 feet;
thence S 26" 04' 26" E, 66.49 fee L•,
thence East to the centerline of the Relocated Swdlley Canal;
thence southerly following the centerline of said canal a distance of
124.35 feet, more or less, to the true point of beginning. s
EXCEPTING therefrom that portion lying within the rights-of-way of the Swalley
Canal, and the Swalley A -1 -Lateral Canal.
Containing 11.2 acres more or less.'
• REGi�TGRi:D
PROFES ;!0*•;At.
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1061
;AFF KERN & ASSOCIATES. W—
Prolessionsl L*W Survayon
1030 NW Nwwvofl Avenue
SEND, ORECION 97701
EXHIBIT "B"
101 - 0862
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EXHIBIT "C"
i 0'1 - 0863
FINDINGS AND DECISION
FILE NOS. PA -90-4 and ZC-90-5
APPLICANT: White Leasure Development Co.
100 North 9th, Suite 300
Boise, ID 83702
REQUEST: Applications for a Plan Amendment and Zone
Change to change the Bend Area Plan
Designation and Zoning on a 11.2 -acre parcel
from IL, Light Industrial to CH, Highway
Commercial.
PLANNING STAFF
REPRESENTATIVE: Paul Blikstad
BURDEN OF PROOF: The applicant must establish that the Plan
Amendment and Zone Change conform with
Sections 19, 21 and 33 of PL -11, the Bend
Urban Growth Zoning Ordinance.
PRELIMINARY FINDINGS
1. LOCATION:
The subject property is located to the east of the existing
ShopKo development adjacent to the railroad tracks, and is
described as 17-12-21C, Tax Lot 900.
2. ZONE:
The subject property is zoned IL, Light Industrial and is
designated Light Industrial by the Bend Area General Plan.
HEARING AND EXHIBITS
The hearing was held on may 1, 1990, at the Deschutes County
Administration Building. The following exhibits make up the
record in this matter:
A. Application;
B. Burden of Proof Statement;
C. Department of Transportation letter dated March 27,
1990; and
D. Staff Report.
LEGAL CRITERIA
1. Section 33(3) of PL -11 sets forth the standards for a zone
change within the Bend Urban Growth Bounuary.
-1- FINDINGS AND DECISION, FILE NOS. PA -90-4 and ZC-90-5
10 1, ., 0864
Standards for Zone Change. The Burden of Proof is upon the
one seeking change. The degree of that burden increases
proportionately with the degree of impact of the change
which is sought. The applicant shall in all cases
establish:
A. That the change conforms with the Comprehensive Plan.
Specifically, the change is consistent with the Plan's
intent to promote an orderly pattern and sequence of
growth.
B. That the change will not interfere with existing
development, development potential or value of other
land in the vicinity of the proposed action.
C. That the change in classification for the subject
property is consistent with the purpose and intent of
the proposed zone classification.
D. That the change will result in the orderly and
efficient extension or provision of the public
services. Also, that the change is consistent with the
County's policy for provision of public facilities.
E. That there is proof of a change of circumstance or a
mistake in the original zoning.
2. The Comprehensive Plan establishes a general framework for
land use and development in the urban area. The Plan does
not specifically address this particular property, but only
relates to the zoning established for the area. One of the
opening paragraphs of the Plan states the following:
"There are many land uses in the Plan ranging from
open, rural areas of the County to the many urban uses
in the City of Bend. The Plan recommends appropriate
uses of various areas and attempts to provide a maximum
range of choice in the planning area within the limits
of community living. If there is to be a range of
choice, various areas must be guarded against the
intrusion of other uses which would limit or destroy
the privacy of homes or the proper and economic
functioning of areas of commerce or industry. If there
is to be a choice which justifies a long-term
investment in homes or businesses, areas must be set
aside for different types of uses. If all uses are
intermixed without proper standards or consideration
for their surroundings, there is, in fact, no safe
choice for any individual kind of use."
-2- FINDINGS AND DECISION, FILE NOS. PA -90-4 and ZC-90-5
01 - 0865
The Plan also states:
"In addition to variations in anticipated growth
pressures, there are also significant difference in the
characteristics of the existing development patterns in
various parts of the planning area. These differences
should be recognized and should be one of the factors
considered relating to the character of future
development. If, in any area, development has been
sufficient to have established a particular character,
this character, if desirable, should be protected. Any
new growth in an established area should recognize and
respect its particular character and should not be so
at variance with surrounding developments as to cause
the nature of the local environment to materially
depreciate in character, appearance, value or
residential privacy. This consideration should include
residential, commercial, and industrial districts, or
even an entire acknowledged, indentifiable community or
neighborhood within the planning area.
The following general govern the industrial section of the
Plan:
1. Community efforts shall be directed toward preserving
prime industrial lands for industrial purposes.
2. Industrial areas shall be protected from incompatible
commercial and residential uses.
3. Adequate traffic circulation, off-street parking,
loading and service areas should be considered as
essential to industrial development.
4. Community efforts should be directed toward improving
the general appearance of industrial areas so that they
make a positive contribution to the environment of the
community.
5. Industrial development that will not impair the quality
of surface or ground water nor air resources is
encouraged.
FINDINGS OF FACT
1. The subject property is currently vacant and has a cover of
ponderosa pine, juniper and scrub brush. The site also has
a cleared area and was involved in the relocation of the
irrigation canal for the ShopKo development. Railroad
tracks abut the property to the east, ShopKo and a mobile
home park are located to the west and northwest, vacant land
abuts the property to the north and south, and the Bend
River Mall exists to the southwest. Zcning in the area is
Highway Commercial to the west, south and northwest, and
-3- FINDINGS AND DECISION, FILE NOS. PA -90-'l and 7C-90-5
101 0866
Light Industrial to the north and east.
2. The applicant is requesting approval of a Plan Amendment and
Zone Change for the subject property from Light Industrial
to Highway Commercial. The proposed rezone is to accommodate
a retail shopping center complex. The applicant has
submitted a Burden of Proof Statement addressing the
criteria of Section 33 of PL -11. The applicant has stated
that the property encompasses 11.2 gross acres and 9.7 net
acres.
3. The following transmittals were received:
A. The State Highway Division states the following:
"Burden of Proof Statement identifies a Highway
Commercial Zone as being located on major highways with
access thereto. Page 6 "The Bend Parkway will
eventually tranverse the easterly most portion of this
property." Commitment to this project can only be made
after completion of the Hearing Study Report, scheduled
for June 1991 and acceptance by the Commission.
Other statements on Page 6 refer to permitted access to
the Bend Parkway, and dependence upon thoroughfare
travel. Preliminary indications of access to the
Parkway was predicated on existing zoning
(industrial). Access to 96,500 sq. ft. retail space
could generate sufficient traffic to preclude direct
access. Page 7 - "Bend River Mall Avenue will be an
important link between the Bend Parkway and Highway
97", as stated above, this may or may not be true.
I would suggest that the County delay this Zone Change
until the Parkway is scheduled for construction."
B. The County Public Works Department states the
following:
1. Bend River Mall Avenue must be improved to meet
the adopted urban local street standard of 36 feet
pavement with concrete curbs and sidewalks.
Improvements to include grated catch basins with
the surface water to be disposed of by means of
DEQ approved drywells.
2. A 60 foot right-of-way is to be dedicated from the
east end of the present street right-of-way to
intersect with the right-of-way for the new Bend
Parkway.
-4- FINDINGS AND DECISION, FILE NOS. PA -90-4 and ZC-90-5
I Ul 0867
CONCLUSIONARY FINDINGS
A. At issue is whether a change from Light Industrial to
Highway Commercial conforms with the Comprehensive Plan and
is consistent with the Plan's intent to promote orderly
planned growth. There is a recognized need for an adequate
inventory of industrial land, particularly lands zoned for
general industrial, not light industrial use. Balanced
against this need is the Plan's acknowledgment of the need
to honor the established character of an area, even though
the established character may in some instances differ from
the zoning.
Here, the property has an established commercial
character. The property is bordered on two sides, to the
west and south, by highway commercial zoning, and is
currently developed in commercial uses west of the railroad
tracks. Light industrial uses are made of property to the
east of the railroad tracks and in areas to the north of
this property, such as Sherman Road and Nels Anderson
Road. The property is adjacent to the ShopKo shopping
center to the west, the Bend River Mall to the south and
will be traversed by the proposed Bend Parkway on its
easterly most portion of the site. Development of this
property as Light Industrial would not be consistent with
the surrounding Highway Commercial development. This area
has become an important retail shopping area and a zone
change to Highway Commercial is consistent with that retail
development.
A zone change from Light Industrial to Highway Commercial
for this parcel would reduce the available light industrial
zoned land in the urban area by an approximate 3%. The
Planning Division Staff reports that the latest figures for
the industrial lands inventory, as of January 1990, show
approximately 374 acres of vacant light industrial zoned
land in the urban area, which includes the City of Bend and
incorporated areas of the urban area. The current vacant
acreage for a parcel size ranging from five to ten acres is
approximately 46.9 acres. This amendment/zone change would
reduce the vacant lot industrial zoned land to 362.8 acres
and to 35.7 acres of five to ten acre oarcels. Balanced
against the established commercial character of this area as
a retail area, this minor reduction in light industrial
inventory is warranted.
B. The proposed zone change will not interfere with existing
development, development potential or value of other land in
the vicinity. Designation as a commercial zone is
compatible with the existing commercial uses in the area,
specifically the Bend River Hall and ShopKo developments.
Applicant has proposed development of the parcel as a retail
shopping complex. The parcel's proximity to the ShopKo
shopping center to the west, the Bend River 14all to the
-6- FINDINGS AND DECISION, FILE NOS. PA -90-4 and ZC-90-5
101 '" 0868
south, and to the proposed Bend Parkway to the east makes it
less suitable for light industrial than commercial
development.
C. The change in zoning of this property would be consistent
with the intent or purpose of the Highway Commercial zone,
which is to provide for uses which have large site
requirements, or are oriented to highway access, or provide
service to the traveling public or are dependent on
thoroughfare travel. In addition, highway commercial zones
can include limited commercial uses and commercial
recreation facilities.
D. The proposed change in zoning would not affect the orderly
and efficient extension of public services. The area has
sewer and water service, and the extension of these services
to the subject property would be the responsibility of the
developer and at their cost. The site would have fire
protection, phone and electric service with the possibility
of natural gas service. Provision of these services will be
the responsibility of the developer.
In addition, the applicant has proposed extending Bend River
Mall Avenue and has obtained Conditional Use Permit approval
for this extension.
E. There has been a substantial change of circumstance since
the development of the original comprehensive plan. These
changes include the development of ShopKo, the proposed Bend
Parkway, the extension of Bend River Mall Avenue and the
continued demand for retail space within the Bend Urban
Area. Applicant has stated that there are currently no
undeveloped commercial parcels of this size adjacent to or
near North Highway 97.
BASED UPON the foregoing Findings of Fact, the Hearings Officer
hereby RECOMMENDS APPROVAL the applications for a Plan Amendment
and Zone Change subject to the following conditions:
1. The applicant shall submit a written legal description
of the parcel to be rezoned prior to adoption of the
rezoning.
2. The applicant shall sign Sewer and Water Agreements
with the City of Bend prior to adoption of the Plan
Amendment and Zone Change.
3. When the applicant of the Bend Parkway is established,
the applicant (property owner) shall dedicate the
appropriate and requested right-of-way to the State of
Oregon and/or Deschutes County/City of Bend.
-7- FINDINGS AND DECISION, FILE NOS. PA -90-4 and ZC-90-5
10 " U8b9
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THIS DECISION BECOMES FINAL 10 DAYS FROM THE DATE MAILED, UNLESS
APPEALED.
DATED and MAILED this 25th day of May, 1990.
DENISE S. FRISBE.
Hearings Officer
cc: SOCC
Deschutes County Planning Commission
Deschutes County Planning Director
-8- FINDINGS AND DECISION, FILE NOS. PA -90-4 and ZC-90-5