Loading...
HomeMy WebLinkAbout90-033285913 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF An Ordinance Amending Ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan, As Amended, to Change the Designation of Certain Property From Medium Density Residential to Commercial, Taking an Exception to Statewide Land Use Planning Goal 14, and Declaring an Emergency. ORDINANCE NO. 90-033 ELVsLYv cii 104 DESCHUTES COUNTY - OREGON l v� f { E f 1 r +ti11Cr Ot7LN��[j P 2,` 7 WHEREAS, Deryl Ferguson proposed the redesignation of certain property from Medium Density Residential to Commercial; and WHEREAS, such redesignation requires the taking of an exception to Statewide Land Use Planning Goal 14; WHEREAS, notice of hearing was given in accordance with law; and WHEREAS, the Hearings Officer held a hearing on June 19, 1990, concerning the proposed goal exception and redesignation of property; now therefore, WHEREAS, the Hearings Officer approved the proposed goal exception and redesignation of property by decision dated August 8, 1990; 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. That an exception to Statewide Land Use Planning Goal 14 is hereby adopted for the 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. Section 2. That Ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan, as amended, is further amended to redesignate that certain property described in Exhibit "A," and depicted on the map marked "B," from Medium Density Residential to Commercial. Section 3. That the reasons for the taking of the exception and the findings and conclusions in support of the plan amendment are set forth in the Findings and Conclusions of the Hearings 1 - ORDINANCE NO. 90-033 104 196? Officer, dated August 8, 1990, relating to Plan Amendment Applica- tion No. PA -90-6, marked Exhibit "C," attached hereto and by this reference incorporated herein. Section 4. 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 DESCHUTES COUNTY, OREGON IS SRI$TOW PRANTE, Commissioner A TEST OM TH OP Ch a44"�'9 r Recording Secretary D LI , Con1missioner 2 - ORDINANCE NO. 90-033 104 - 1960 EXHIBIT "A" Legal Description Lots 1 through 32, Block 94, Hillman Addition, Deschutes County, Oregon. 1 - EXHIBIT "A" J'.. EXHIBIT "B" 104 - 1969 too O .10 S" mw 14 o is CA A HIGHWAY MAIN ST. + m 4. + 4.4. L + z + 4 �9 I I I sz "DA LES—CALIFORNIA HIGHWAY ST I Ith Irr-T= -41 j5+ + a a i + 4. ii + 4- 4-.- 4 8 rn ST T 4. 4. 4. 3. z ST th .. I TTT rT-r7 *rT 7 T T Tl wt JE. +4+1+4rQ4*4-44-+4- t4.4+444 +++++4- m +4.++4- rrl j _L _L -L ST -r -r T -r T 7 -r"r T Trr + + + + + + 4- 4+ + 4�- ++++ + m 4-- +++++++ + + 4- + + +IF! - ; . . N jIM 15thft- ST Name 5.0 Vim 14 93 r. 0 • F+4.—N+++1 rrl j _L _L -L ST -r -r T -r T 7 -r"r T Trr + + + + + + 4- 4+ + 4�- ++++ + m 4-- +++++++ + + 4- + + +IF! - ; . . N jIM 15thft- ST Name 5.0 Vim 14 93 r. 0 • EXH'IB'IT "c" ( 104 1970 FINDINGS AND DECISION FILE NO. PA -90-6 and ZC-90-8 APPLICANT: Deryl Ferguson P. 0. Box 156 Terrebonne, OR 97760 REQUEST: The applicant is requesting a Comprehensive Plan map amendment from Medium Density Residential to Commercial, and a Zone Change from RSR -M to RSC. The request encompasses approximately 1.7 acres and involves an exception to Statewide Planning Goal 14, Urbanization. PLANNING STAFF REPRESENTATIVE: Kevin Harrison BURDEN OF PROOF: The applicant must establish that the proposed Comprehensive Plan map amendment and Zone Change conform with the criteria of Oregon Administrative Rule 660-04-018 through 660-04- 022, Planning and Zoning for Exception Areas; Deschutes County Year 2000 Comprehensive Plan, Rural Development; and Sections 4.130, 4.140 and 10.025 of PL -15, the Deschutes County Zoning Ordinance. PRELIMINARY FINDINGS 1. LOCATION: The subject property is located at 8431 lith Street, in Terrebonne, and is further identified on Deschutes County Assessor's Map #14-13-16DB as Tax Lot 900. 2. ZONE: The subject property is zoned RSR -M, Rural Service Residential, and is designated Medium Density Residential - Rural Service Center on the Deschutes County Comprehensive Plan. HEARING AND EXHIBITS The hearing was held on June 19, 1990, at the Deschutes County Administration Building. The following exhibits make up the record in this matter: A. Application; B. Steven Myrin and Richard Hoffman letter dated May 18, 1990; C. Burden of Proof Statement; -1- FINDINGS AND DECISION, File Nos. PA -90-6 and ZC-90-8 1.04 - 1971 D. Applicant's report and proposed Findings of Fact; E. Excerpt from County Comprehensive Plan regarding Terrebonne; F. Letter from Rob Trout dated June 19, 1990; G. Letter from Deryl Ferguson dated June 19, 1990; and H. Staff Report. LEGAL CRITERIA 1. Section 10.025 of PL -15: This section describes standards for rezoning. The applicant for a rezoning must establish that the public interest is best served by a rezoning of the property. Factors to be demonstrated by the applicant are: A. That the change conforms with the Comprehensive Plan, and the change is consistent with the Plan's introductory statement and goals. B. That the change in classification for the subject property is consistent with the purpose and intent of the proposed zone classification. C. That changing the zoning will presently serve the public .health, safety and welfare considering the availability and efficiency of providing necessary public facilities and services. Impacts associated with the change in zone must also be found to be consistent with the specific goals and policies contained within the Comprehensive Plan. D. That there has been a change in circumstances since the property was last zoned, or a mistake was made in the zoning of the property in question. 2. Section 4.130 of PL -15 (Rural Service Center Zone): The purpose of the Rural Service Center Zone is to provide standards and review procedures for concentrations of local commercial services to meet the needs of rural residents, as well as limited tourist commercial services consistent with the maintenance of the rural character of the area. 3. Relevant Comprehensive Plan Policies: A. Rural Service Centers, Policy No. 14 (page 38): "Each Rural Service Center shall have a compact commercial area to serve the convenience -commercial, agricultural and repair service needs of the surrounding rural lands". ..."The size and uses of rural service centers shall be such as to maintain the rural character of the area." B. Terrebonne Policy No. 41: "To provide more consistency in land uses within the boundaries of Terrebonne and to assure controlled growth the County shall: -2- FINDINGS AND DECISION, File Nos. PA -90-6 and ZC-90-8 104 - 1972 (b) Establish a commercial area three blocks long and two blocks wide with "C" Avenue as the northern boundary, the west limit being Highway 97 and bounded on the east by a line one block east of Old Highway 97; XXX (e) Preserve the historic sites in the Terrebonne area, such as the Grange Hall and the old military road." 4. OAR 660-04-018 provides: (1) "This rule explains the requirements for adoption of plan and zone designations for exception areas... Physically developed and irrevocably committed exceptions under OAR 660-04-025 and 660-04-028 are intended to recognize and allow continuation of existing types of development in the exception area. Adoption of plan and zoning provisions which would allow changes in existing types of uses requires application of standards outlined in this rule." (2) "Physically Developed" and "Irrevocably Committed" exception areas shall have plan and zone designations which limit uses to uses which are the same as the existing types of land use on the exception site as defined in OAR 660-04-018(2). Uses not meeting these requirements may be approved only under the provisions for a reason exception as outlined in OAR 660-04-020 through 660-04-022. (3) When a local government takes an exception under the "Reasons" exception provisions, plan and zone designations must limit the uses and activities to only those uses and activities which are justified in the exception. 5. OAR 660-04-020(2): The four factors required to be addressed when taking an exception to a Goal are: (a) Reasons justify why the state policy embodied in the applicable goal(s) should not apply. (See OAR 660-04- 022 below.) (b) Areas which do not require a new exception cannot reasonably accommodate the use. (c) The long-term environmental, economic, social and energy consequences resulting from the use at the proposed site which measures designed to reduce adverse impacts are not significantly more adverse than would typically result from the same proposal being located in other areas requiring a Goal exception. -3- FINDINGS AND DECISION, File Nos. PA -90-6 and ZC-90-8 104 1.97;1 (d) The proposed uses are compatible with other adjacent uses or will be so rendered through measures designed to reduce adverse impacts. 6. OAR 660-04-022. Reasons necessary to justify an exception under Goal 2: ...Such reasons include, but are not limited to, the following: (a) "There is a demonstrated need for the proposed use or activity, based on one or more of the requirements of Statewide Goals 3 to 19; and either (b) A resource upon which the proposed use or activity is dependent can be reasonably obtained only at the proposed exception site and the use or activity requires a location near the resource. An exception based on this subsection must include an analysis of the market area to be served by the proposed use or activity. That analysis must demonstrate that the proposed exception site is the only one within that market area at which the resource depended upon can reasonbaly be obtained; or (c) The proposed use or activity has special features or qualities that necessitate its location on or near the propsed exception site." FINDINGS OF FACT 1. The applicant is requesting plan and zone map amendments in order to allow development of a grocery store on the property consistent with the RSC zone. Applicant seeks to change the comprehensive plan from Medium Density Residential to Commercial, and seeks a Zone Change from Rural Service Residential (RSR -1.1) to Rural Service Center (RSC) . 2. The subject property is approximately 1.7 acres and is made up of Lots 1-32, Block 94, Hillman Addition. The property is relatively level, is covered by grass and several fruit trees, and contains several dilapidated outbuildings. 3. The property is located in the middle of Terrebonne, adjacent to Highway 97, in the midst of a developed and developing area. Surrounding land uses consist primarily of commercial uses such as Abbas Auto Repair to the north (Tax Lot 302); The Animal Clinic of Terrebonne, The Movie House, and Marge's Collectibles to the west, across Highway 97; The High Desert Trading Company and La Siesta Mexican Restaurant to the south (on Tax Lots 800 and 900, respectively). Residential uses are found to the east. The overall -4- FINDINGS AND DECISION, File Nos. PA -90-6 and ZC-90-8 104 ""-1O74- character of the area is commercial. The property to the south is zoned RSC - Rural Service Center. 4. Terrebonne is not an incorporated area and is outside any urban growth boundary. The plan excepts the area from the necessity of complying with the Statewide Goal No. 14. The Goal 14 exception was made to allow "urban" zoning to serve the surrounding rural area. An additional exception is now required pursuant to OAR 660-04-000 et seq to permit a comprehensive plan amendment and rezone from residential to commercial -rural service center. 5. The Planning Division received the following transmittals: A• County Public Works Department: The Public Works Department did not submit comments specifically related to the proposed amendments. They did state that development of the property should be conditioned on obtaining access permits from the County or the State Highway Division; all surface water must be disposed of on the site and not drained to any of the public rights-of-way surrounding this property via DEQ approved dry wells or retention basins; all parking and driveways serving them are to be paved with a hard, dust -free surface; all landscaped areas are to be planted and maintained with required sight distances at all four corners of the property or where private driveways access to public streets. B. Central Oregon Irrigation District: "A review of the records of this office show that a water right for irrigation was awarded to the above described property by a Circuit Court decree of 1958. Lots 17 through 32 of Block 94 were each awarded .06 of an acre for a total of .06 of an acre." "These rights must be removed by due process prior to a change of use of the property, which can be approved by this office." C. County Environmental Health Division: "A commercial sewage flow rate must be established for drainfield and repair area. A Septic Site Evaluation is required." D. Redmond Fire Department: No comments submitted. E. State Highway Division: "This is a restricted access section. This proposal will require an indenture process to change the legal access points." F. Department of Land Conservation and Development: No comments submitted. G. County Assessor's Office: No comments submitted. -5- FINDINGS AND DECISION, File Nos. PA -90-6 and ZC-90-8 r 1.04 - 197 6. The owners/operators of the Terrebonne Animal Clinic wrote in support of the proposal and appeared at the hearing to testify in Applicant's behalf. They believe the plan and zone map amendments should be granted: "Because of other businesses in existence and the traffic and noise on Highway 97, the property is not suited to any kind of residential zoning, especially when the widening of the highway is completed next year. The Terrebonne area is growing and a new commercial service area would be an asset to the community. The property, as it stands now, is not an asset. With present zoning, improvements would not be made because the designated uses for the property are not compatible with the area." 7. The originally designated commercial area in Terrebonne is a six block area with "C" Avenue as a northern boundary and Highway 97 as the western boundary. This proposal would extend the zone one block north, but retain a centralized commercial area. 8. The subject property is served by telephone, water and electrical services and can satisfy sanitation feasibility rquirements.. 9. The Grange Hall, a designated Terrebonne historical site earmarked for preservation by the plan, is located on commercial property. 10. A realtor in support of Applicant's proposal reviewed alternative sites for placement of the market. The properties located within the six block area zoned RSC are either already occupied by a commercial use, too small a site for the market, unable to satisfy sanitation feasibility requirements, or are protected as historical sites. 11. According to Applicant, traffic and market demand has increased significantly in the Terrebonne area, as a result of an increase of tourism, recreation and development. Highway 97 serves as a primary north -south access route in Central Oregon. Traffic has increased 23% from 1986 to 1988. Rural residential use in surrounding areas has increased. Crooked River Ranch is a major market area for Terrebonne, and it is experiencing growth measured by one building/placement permit per day. 12. Applicant owns a smaller market store (with only eight parking spaces) which cannot satisfy current demand of approximately 1,000 customers a day. Other than the uses identified in Finding No. 3, the nearest commercial establishment are in Redmond, approximately six miles away. -6- FINDINGS AND DECISION, File Nos. PA -90-6 and ZC-90-8 104 - 1976 CONCLUSIONARY FINDINGS 1. Conformance with Comprehensive Plan. The proposal is consistent with the plan policies for Terrebonne and applicable goals and guidelines. The proposal would extend the originally -designated commercial area of six blocks by one block north but retain a core commercial area. The proposal would provide necessary services for the rural area while limiting high density residential growth. In addition, the proposal would assist in the preservation of historic sites such as the Grange Hall which are currently designated for commercial development. The redesignation of the subject parcel to commercial would not undermine the comprehensive plan's objective of a compact commercial area to serve the convenience -commercial, agricultural and repair service needs of the surrounding area. 2. Conformance with Section 10.025 of PL -15, (rezoning standards). A. As addressed above, the proposed change conforms with the comprehensive plan and is consistent with the plan's policies and goals. B. The change in classification from residential to rural service center (RSC) is consistent with the purpose and intent of the proposed zone classification. The purpose of the RSC zone is to provide standards and review procedures for concentrations of local commercial services to meet the needs of rural residents as well as limited tourist commercial services, consistent with the maintenance of the rural character of the area (Section 4.130 of PL -15). With the impact of tourism, the increase of traffic and the proposed expansion of Highway 97 at Terrebonne, additional highway commercial facilities for the traveling public are appropriate. Terrebonne is centrally located between the Smith Rock area, Lower Bridge area of the Deschutes River, and Crooked River Ranch. It is accessible to motorists traveling north on Highway 97 to Lake Billy Chinook. A zone change to rural service center will meet the needs of rural residents and tourists within the area. C. The change in zoning to RSC will serve the public health, safety and welfare. Telephone, water and electric service are currently available to the property. Applicant has determined that the site would meet the sanitation feasibility requirements. The contiguous property to the south is currently zoned RSC, and the property to the north is used by commercial uses. The overall character of the area is commercial, and the use of this parcel is more appropriately commercial than residential. -7- FINDINGS AND DECISION, File Nos. PA -90-6 and ZC-90-8 104 - 1977 D. There has been a change in circumstances since the property was last zoned in 1979. Over the past 11 years, the limited property designated as rural service center in Terrebonne has been committed to commercial uses, or because of conflict with other comprehensive plan policies is unavailable for commercial purposes. The outlying rural areas in the northern part of Deschutes County, in particular Lower Bridge, Esquestrian Meadows, J D Harris Estates, Cinder Butte Estates, Crooked River and the Smith Rocks area have expanded in use. In addition, tourism has increased in the area with Highway 97 acting as a primary north - south access route for Central Oregon. The increase in commercial demand from outlying rural areas in and growth of tourism establish a change in circumstances warranting a zone change from residential to RSC. 3. Conformance with OAR 660-04-020 through 660-04-022. This proposal meets the requirements of a Goal 2 exception to Goal 14 as follows: A. OAR 660-04-020(2)(a) is satisfied by Findings No. 3, 7, 11 and 12. The subject property is currently zoned RSR -M (Rural Service Residential). The property has already received an exception for residential use. It is too small for farming purposes and has no adjudicated water rights. In addition, the parcel is within a developing commercial area, adjacent to or in the vicinity of other commercial uses. The property fronts Highway 97. The parcel in question is a committed nonresource uses. The issue here is a change in an exception designation from residential to commercial. Applicant is requesting the right to develop a commercial use (grocery store) that is consistent with a rural service center. Application of the limited use combining zone to limit the proposed rural service center use of serving needs of residents in the area is appropriate here. B. OAR 660-04-020(2)(b) is satisfied by Findings No. 10. There are no commercially designated areas which can reasonably accommodate the proposed use as a market in the Terrebonne area. Other sites within the six block commercial area are either unavailable, currently occupied by a commercial use, or inappropriate because the site is too small for a market or cannot meet sanitation feasibility requirements. The alternative of providing such services in existing urban growth boundaries would defeat the purpose of the rural service center designation, which is to provide -8- FINDINGS AND DECISION, File Nos. PA -90-6 and ZC-90-8 104 197P' services to the rural residents on site in rural areas. The closest urban area, Redmond, is too far away to adequately serve the designated rural area. C. OAR 660-04-020(2)(c) is met by Findings No. 3 and 7. The proposed zone change and plan amendment should result in less of an impact the than high density residential development contemplated by the current zoning. Any further residential development would be difficult due to lack of sanitation feasibility or would require a major expenditure of community funds for a treatment facility. The proposed use does meet sanitation feasibility requirements and will allow a viable economic use of a currently vacant parcel of land. Other available sites are unsuitable because of an inadequate size or because they cannot meet county and state sanitation disposal standards. D. OAR 660-04-020(2)(d) is satisfied by Findings No. 3, 7, 10, and conditions imposed pursuant to this decision. The surrounding land uses are largely commercial in nature. The property has already received an exception to Goal 14 and been zoned medium density residential. The overall commercial character of the area makes development of this site as a rural service center more appropriate than residential. The permitted use will be restricted by the limited use combining zone so that uses such as kennels and motels which might negatively impact surrounding residential areas would be restricted. In addition, the limited use combining zone requires that site plans be submitted to assure compatibility with surrounding uses. E. OAR 660-04-022 is met by Findings No. 6, 8, 10, 11 and 12. Rural service centers are not located within an existing growth boundary. By its nature, a rural service center must be located near the rural population it is to serve. This particular site lends itself to use as a rural service center. The existing commercial character of the area, its lack of natural resource values, its proximity to Highway 97 and the increase in traffic and market demand in the Terrebonne area all point to the site, as suitable for location of a rural service center in the Terrebonne area. The proposed exception area would extend the current commercial zone by one block. 5. Application of Ordinance No. 88-022 (Limited Use Combining Zone). Applicant's proposal is premised on a need for a grocery store. Evaluation of that proposal has addressed the zone change from residential to commercial (RSC). The RSC zone (Section 4.130 of PL -15) permits a broad array of uses, some of which are inappropriate in light of this -9- FINDINGS AND DECISION, File Nos. PA -90-6 and ZC-90-8 104 - 197 opinion. For that reason, it is advisable to apply the limited use combining zone (LU) to limit the permitted activities on the parcel to retail store or service establishment. BASED UPON the foregoing Findings of Fact and Conclusionary Findings, the Hearings Officer hereby recommends APPROVAL of Applicant's request for a comprehensive plan map amendment from medium density residential to commercial and approves a zone change from RSR -M to RSC, subject to the following conditions: 1. A limited use combining zone is imposed restricting use of the property to a retail store or service establishment. 2. A site plan must be submitted for review in accordance with Section 7.010 of PL -15. THIS DECISION BECOMES FINAL 10 DAYS FROM THE DATE MAILED, UNLESS APPEALED. DATED and MAILED this 8th day of August, 1990. DENISE S. FRISBE Hearings Officer cc: BOCC Deschutes County Planning Commission Deschutes County Planning Director David M. Jaqua Steve Myrin Rob Trout Mike Freeman -10- FINDINGS AND DECISION, File Nos. PA -90-6 and ZC-90-8