Hood River County Plan Amendment DLCD File Number 003-12

NOTICE OF ADOPTED AMENDMENT

11/26/2012

TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments

FROM: Plan Amendment Program Specialist

SUBJECT: Hood River County Plan Amendment DLCD File Number 003-12

The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. Due to the size of amended material submitted, a complete copy has not been attached. A Copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local government office.

Appeal Procedures*

DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Tuesday, December 11, 2012

This amendment was submitted to DLCD for review prior to adoption pursuant to ORS 197.830(2)(b) only persons who participated in the local government proceedings leading to adoption of the amendment are eligible to appeal this decision to the Land Use Board of Appeals (LUBA).

If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals (LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If you have questions, check with the local government to determine the appeal deadline. Copies of the notice of intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 503-373-1265, if you have questions about appeal procedures.

*NOTE: The Acknowledgment or Appeal Deadline is based upon the date the decision was mailed by local government. A decision may have been mailed to you on a different date than it was mailed to DLCD. As a result, your appeal deadline may be earlier than the above date specified. NO LUBA Notification to the jurisdiction of an appeal by the deadline, this Plan Amendment is acknowledged.

Cc: Josette Griffiths, Hood River County Jon Jinings, DLCD Community Services Specialist Karen Swirsky, DLCD Regional Representative

YA ❑ in person electronic n mailed O A T 2 DLCD E DEPT OF Notice of Adoption NOV 21 21112 This Form 2 must be mailed to DLCD within 5-Working Days after the Final Ordinance is signed by the public Official Designated by the jurisdiction LAND CONSERVATION and all other requirements of ORS 197.615 and OAR 660-018-000 ANDiDEVELOPMEUT

Jurisdiction: Hood River County Local file number: P-12-0129 and P-12-0130 Date of Adoption: 11/19/2012 Date Mailed: 11/20/2012 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? Z Yes No Date: 9/18/2012 I I Comprehensive Plan Text Amendment Z Comprehensive Plan Map Amendment Land Use Regulation Amendment Z Zoning Map Amendment E New Land Use Regulation Z Other: Aer eat /13a. .47

Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". Approving the request amends the County Comprehensive Plan & Zoning Map. The applicants proposed to adjust property zoned Rural Residential (RR1/2) and Light Industrial (M2) into two separate parcels, with the western parcel re-zoned completely M2, and the eastern parcel re-zoned completely RR1/2. The property is described as: 2N 10E 27A, Tax Lots 1300, 1918, 1919, and 1999. It is located in Odell, part of the property is in the John Weber Business Park, which is zoned light industrial.

Does the Adoption differ from proposal? No, no explaination is necessary

Plan Map Changed from: to: Zone Map Changed from: to: Location: Acres Involved: Specify Density: Previous: New: Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 x x x x x

Was an Exception Adopted? ❑ YES Z NO Did DLCD receive a Notice of Proposed Amendment... 35-days prior to first evidentiary hearing? NYes ❑ No If no, do the statewide planning goals apply? ri Yes 111 No If no, did Emergency Circumstances require immediate adoption? ri Yes ❑ No DLCD file No. Please list all affected State or Federal Agencies, Local Governments or Special Districts: ODOT, DLCD.

Local Contact: Josette Griffiths, Senior Planner Phone: (541) 387-6840 Extension: Address: 601 State Street Fax Number: 541-387-6873 City: Hood River Zip: 97031- E - mail Address: [email protected] river.or.us

ADOPTION SUBMITTAL REQUIREMENTS This Form 2 must be received by DLCD no later than 5 working days after the ordinance has been signed by the public official designated by the jurisdiction to sign the approved ordinance(s) per ORS 197.615 and OAR Chapter 660, Division 18

1. This Form 2 must be submitted by local jurisdictions only (not by applicant). 2. When submitting the adopted amendment, please print a completed copy of Form 2 on light green paper if available. 3. Send this Form 2 and one complete paper copy (documents and maps) of the adopted amendment to the address below. 4. Submittal of this Notice of Adoption must include the final signed ordinance(s), all supporting finding(s), exhibit(s) and any other supplementary information (ORS 197.615 ). 5. Deadline to appeals to LUBA is calculated twenty-one (21) days from the receipt (postmark date) by DLCD of the adoption (ORS 197.830 to 197.845 ). 6. In addition to sending the Form 2 - Notice of Adoption to DLCD, please also remember to notify persons who participated in the local hearing and requested notice of the final decision. (ORS 197.615 ). 7. Submit one complete paper copy via United States Postal Service, Common Carrier or Hand Carried to the DLCD Salem Office and stamped with the incoming date stamp. 8. Please mail the adopted amendment packet to:

ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540

9. Need More Copies? Please print forms on 8V2 -1/2x11 green paper only if available. If you have any questions or would like assistance, please contact your DLCD regional representative or contact the DLCD Salem Office at (503) 373-0050 x238 or e-mail plan.amendmentsstate.or.us .

http://www.oregon.gov/LCD/forms.shtm I Updated December 30, 2011

Hood River County Community Development Planning, Building Codes, Veterans' Services, Economic Development and Information Systems 601 State Street, Hood River OR 97031 rim P./M.411011 tii1)1,1“11 MICHAEL BENEDICT, DIRECTOR °U N IL TEL (541) 387-6840 • FAX (541) 387-6873 E-mail: [email protected] November 20, 2012

Gary & Linda Bloom 3190 Odell Highway Hood River, OR 97031

Re: Bloom Comprehensive Plan & Zone Change (P-12-0129) and Replat/Partition (P-12-0130)

Dear Mr. and Mrs. Bloom,

Attached is a copy of Ordinance #312 adopted by the County Commission at the public hearing held on November 19, 2012, approving your applications for a Comprehensive Plan & Zone Change (P-12-0129) and a Replat/Partition (P-12-0130) on the following property: 2N 10E 27A, Tax Lots 1300, 1918, 1919, and 1999.

As described in Oregon Revised Statute 197.830(9), the County Commission's decision is final unless a "notice of intent to appeal" is filed with the Land Use Board of Appeals (LUBA) not later than twenty-one (21) days after the date of this letter, mailed November 20, 2012, notifying you of the County Commission's decision. Please note: the attachment referenced in Ordinance #312 as Exhibit 1 is the record that was provided to you, your representative, and the County Commission on November 8, 2012; it is not being sent with this mailing, but is available for public review and copying at County Planning during regular business hours.

Per ORS 197.625, "If a notice of intent to appeal is not filed within the 21-day period set out in ORS 197.830(9), the amendment to the acknowledged comprehensive plan or land use regulation or the new land use regulation shall be considered acknowledged upon the expiration of the 21-day period."

Please note that, if the decision is not appealed, an Ordinance becomes effective on the 31' day after its adoption by the County Commission.

Please call me if you have any questions at (541) 387-6840.

Sincerely,

c"- Josette Griffiths Senior Planner

Attachment (Ordinance #312, dated November 19, 2012)

C: Will Carey, County Counsel Heidi Ochsner, County Administrative Assistant Brian Beebe, County Records & Assessment Randy Johnston, County Surveyor Don Wiley, County Public Works Greg Borton, Wy'east Rural Fire Protection District Ralph Lane, Jr., Odell Sanitary District Bob Duddles, Crystal Springs Water District Phil Davis, Odell Water Co. John Buckley, East Fork Irrigation District l Karen Swirsky, Oregon Department of Land Conservation & Development Plan Amendment Specialist, Oregon Department of Land Conservation & Development Cindy Walbridge, Planning Director, City of Hood River Scott Franke, Hood River Valley Residents Committee Rich Fenton, Century Link Dyrk Pritchett, Century Link James Klein, Surveyor, Applicant

2 HOOD RIVER COUNTY

ORDINANCE NO. 2/,2-

AN ORDINANCE TO APPROVE APPLICATIONS BY GARY AND LINDA BLOOM FOR A COMPREHENSIVE PLAN AND ZONE CHANGE (P-12-0129) AND A REPLAT/PARTITION (P-12-0130). NO EXCEPTIONS TO THE STATE-WIDE PLANNING GOALS ARE REQUESTED OR ADOPTED AS PART OF THIS REVIEW.

WHEREAS, the above matter came before the Hood River County Board of

Commissioners for a public hearing on Monday, November 19, 2012.

WHEREAS, the subject tract is located at the northwest corner of the northern intersection of Eagle Loop and Odell Highway, and the property is described as: 2N 10E 27A, Tax Lots 1300,

1918, 1919, and 1999. Gary Bloom owns Tax Lot 1300, which is zoned Rural Residential

(RR1/2). He and his wife, Linda Bloom, acquired adjacent property from the Port of Hood River,

in the form of the other three separate tax lots (Tax Lots 1918, 1919, and 1999), which are all zoned Light Industrial (M2); two of those tax lots (Tax Lots 1918 and 1919) are described as

"Tracts A and B" of the John Weber Business Park.

WHEREAS, the Hood River County Board of Commissioners takes notice of the unanimous recommendation of approval of the Blooms' applications by the Hood River County

Planning Commission, dated October 30, 2012, and the record from that body's public hearing on

October 24, 2012.

WHEREAS, due notice was given of the hearing before the Board of Commissioners and written and oral testimony were taken.

WHEREAS, based upon information provided in the record and the evidence and testimony presented at the hearing, the Board of Commissioners hereby adopts the Planning

Commission's Recommendation, and the Findings of Fact and Conclusions of Law set forth in and attached hereto as Exhibit 1, and by this reference incorporated herein. NOW, THEREFORE, IT IS HEREBY ORDAINED that Gary and Linda Bloom's applications for a Comprehensive Plan and Zone Change (P-12-0129) and Replat/Partition (P-

12-0130) of the property described above is hereby granted, subject to the following conditions:

1. Final approval for the rezoning of the subject property, whereby proposed Parcel 1 is zoned completely Light Industrial (M2) and proposed Parcel 2 is zoned completely Rural Residential (RR%) shall not take effect until the final partition plats have been recorded with County Records and Assessment.

2. All of the property involved in this application must be in the same ownership in order for it to be replatted/partitioned. Currently, (2N 10E 27A) Tax Lot 1300, and seemingly another adjacent sliver, is owned by Gary D. and Sharon L. Bloom. Since Sharon Bloom is deceased, the applicants will need to record her Death Certificate at County Records and Assessment in order to remove her name from the property. (2N 10E 27A) Tax Lots 1918, 1919, and 1999 are currently owned by Gary D. and Linda K. Bloom. (If you have any questions on this condition, please contact County Records and Assessment at 541-386-4522, or a Title Company.)

3. A professional land surveyor licensed in the State of Oregon shall prepare two identical plats that are consistent with your approved tentative plat, date-stamped October 17, 2012, and in accordance with applicable surveying laws of Oregon Revised Statute, Chapter 92. The plats shall be reviewed and approved by the County Surveyor and County Planning, and recorded with the County Department of Records & Assessment within two (2) years of the date of the County Commission's Final Order on this application, unless an extension of time is requested and granted. The applicant is responsible for all surveying costs and recording fees. A draft of the plats shall be provided to County Planning and the County Surveyor for review.

4. It should be noted on the plat for future reference that the area making up Tract 'A' as part of the John Weber Business Park Subdivision may still be bound by its plat restriction of being an area "for landscaping." Both Tracts 'A' and 'EV may still be bound by that subdivision's Covenants, Conditions, and Restrictions (CC&R's).

5. The final plats shall indicate that Parcel 2 meets the minimum lot width (100') and depth (100') standards of the Rural Residential (RR-2.5) Zone, and that both Parcels 1 and 2 have at least 50 feet of road frontage.

6. Any reference on the plat to the 50' Stream Protection Overlay riparian setback shall be from the bankfull stage of McGuire Creek, not from its center.

7. The placement of a common property line between Parcels 1 and 2 shall not cause any existing development on Parcel 2 to become non-conforming to the setback requirements of the Rural Residential (RR) Zone as a result. Specifically, the following RR Zone setbacks apply: 60 feet from the centerline, or 30 feet from the edge of right-of-way, of an arterial street (i.e., Odell Highway), for the front setback; 10 feet from an interior side property line; 45 feet from the centerline of a street from an exterior side property line; and 20 feet from a rear property line. The nearest buildings facing the common property

line shall be depicted on the final plats in order for staff to confirm that setbacks to that line are met.

8. At the time that Parcel 1 is developed: A. A curbside sidewalk shall be constructed by the future applicant along that parcel's Eagle Loop frontage. B. County Public Works may recommend that on-site stormwater treatment be provided, depending on the scale of development on Parcel 1. C. A driveway permit shall be obtained from County Public Works prior to constructing a driveway for that parcel.

(If you have any questions regarding the above condition, please contact Don Wiley, County Engineer, at 541-386-2616.)

9. Prior to recording final partition plats, in order to ensure future access for maintenance, the applicants shall provide public utility easements for portions of the John Weber Business Park Subdivision's common drainage improvements that are located within existing "Tract B" (i.e., Tax Lot 1918) outside of the existing dedicated road right- of-way. [The improvements include a 12-inch storm line (Storm Line "B") and twin 30- inch culverts with a rip-rap outfall as indicated on the attached drawing — Exhibit I.] For the 12-inch Storm Line "B" a 10' wide easement shall be centered over the pipe, and for the twin 30-inch culverts and rip-rap outfall, a 20' wide easement shall be centered over the pipes. (If you have any questions regarding the above condition, please contact Don Wiley, County Engineer, at 541-386-2616.)

10. The final plats shall indicate all existing and proposed easements and other encumbrances affecting the subject parcels.

11. Neither of the proposed parcels may be sold or conveyed separately prior to recording the final plats.

12. Prior to final plat approval, the applicants shall identify the location of utilities on the subject tract, and shall provide a public utility easement from the grantors on the plat to cover those which do not have an existing easement.

Failure to comply with any of the above conditions can void this approval.

Please note that for the final plats to be eligible for recording, all persons who have ownership interest in the property must sign them in front of a notary public. Notary signatures and stamps (if used) must be clean and legible. The plats shall only be signed with an "archival ink" pen, available for purchase at most stationary stores or use at the County Planning Department. The final plats shall also contain signature blocks for the County Surveyor, County Budget and Finance Director, and County Planning Director. The sequence of signatures includes: (1.) the County Surveyor [review fee and approximately 3 week review time]. The applicants shall provide a preliminary title report or subdivision guarantee at the time the plat is submitted to the County Surveyor; (2.) County Planning Director; and (3.) County Finance Director. Once all of these signatures have been obtained, the plats are eligible to be recorded with County Records and Assessment.

Please note: The final plats can only be recorded Monday through Friday (excluding holidays) from 9:00 a.m. — 12:00 p.m. and 1:00 p.m. — 4:00 p.m. The County Department of Records & Assessment requires at least one working day's notice before recording the final plats. Also, in order to ensure that an authorized employee is available to sign your plats, please contact County Planning and County Budget & Finance at the same time as notifying the County Department of Records & Assessment.

The applicants are advised to contact the Assessor's Office to determine assessed value changes which may result because of the proposed action. Further, it is advised that the applicants review ORS 92.095 which addresses payment of taxes, interest or penalties before a subdivision or partition plat is recorded. If you have any questions, please contact the County Assessor's Office at (541) 386-4522.

Dated this 19th day of November 2012

kt.54 Ron Rivers, Chair Maui Meyer, Commissioner

11/ Les Perkins, Commissioner Bob Benton, Commissioner

K Joplin, Commissioner

Approved as to form:

or rey, County Counsel Memorandum Hood River County Community Development

Date: November 8, 2012

To: Board of County Commissioners David Meriwether, County Administrator Heidi Ochsner, Administrative Assistant Will Carey, County Counsel Gary & Linda Bloom, Applicants James Klein, Surveyor, Representative for the Applicants

From: Mike Benedict, Planning Director Josette Griffiths, Senior Planner

Re: County Commission's Public Hearing on Bloom's Applications (P-12-0129 and P-12-0130)

Request: A public hearing is set for November 19, 2012, at 6:00 PM, or shortly thereafter, for the County Commission to consider Gary and Linda Bloom's applications for a Comprehensive Plan and Zone Change (P-12-0129) and a related Minor Partition/Re-plat (P-12-0130).

Background: On October 24, 2012, the Hood River County Planning Commission recommended that the Board approve the above applications, subject to recommended conditions. The Planning Commission's recommendation, which was signed by its Chair on October 30, 2012, is attached.

The subject tract is located at the northwest corner of the northern intersection of Eagle Loop and Odell Highway, and the property is described as: 2N 10E 27A, Tax Lots 1300, 1918, 1919, and 1999. Gary Bloom owns Tax Lot 1300, which is zoned Rural Residential (RR1/2) and has an existing single family dwelling and shop on it. He and his wife, Linda Bloom, acquired adjacent property from the Port of Hood River, in the form of three separate tax lots (Tax Lots 1918, 1919, and 1999), which are all zoned Light Industrial (M2); two of those tax lots (Tax Lots 1918 and 1919) are described as "Tracts A and B" of the John Weber Business Park.

Approving the applicants' requests would result in the tract being consolidated, replatted, divided, and rezoned into two parcels, with the proposed western (0.64-acre) parcel being zoned completely M2, and the proposed eastern (0.63-acre) parcel, which has an existing single family dwelling and shop on it, being zoned completely RR1/2. (See the vicinity maps and tentative plan in the Notice in Exhibit 4.)

Recommendation: The Planning Commission recommends that the Board approve the Blooms' applications, with recommended conditions.

Attachments: The following attachments are included with this mailing: • Planning Commission Recommendation to the County Commission (Note: Exhibit 1 is attached to this.) • Exhibit 1: Record Considered By the Planning Commission • Exhibit 2: Correspondence Provided by Staff to the Planning Commission at its 10/24/2012 Public Hearing on the Blooms' Applications (P-12-0129 and P-12-0130) ❖ Exhibit 3: Draft Minutes of the Planning Commission's 10/24/2012 Public Hearing ❖ Exhibit 4: Notice of the County Commission Hearing HOOD RIVER COUNTY PLANNING COMMISSION

RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS TO APPROVE APPLICATIONS BY GARY AND LINDA BLOOM FOR A COMPREHENSIVE PLAN AND ZONE CHANGE (P-12-0129) AND A REPLAT/PARTITION (P-12-0130). NO EXCEPTIONS TO THE STATE-WIDE PLANNING GOALS ARE REQUESTED OR RECOMMENDED AS PART OF THIS REVIEW.

WHEREAS, the above matter came before the Hood River County Planning Commission during a

public hearing on Wednesday, October 24, 2012.

WHEREAS, the subject tract is located at the northwest corner of the northern intersection of Eagle

Loop and Odell Highway, and the property is described as: 2N 10E 27A, Tax Lots 1300, 1918, 1919, and

1999. Gary Bloom owns Tax Lot 1300, which is zoned Rural Residential (RR1/2). He and his wife, Linda

Bloom, acquired adjacent property from the Port of Hood River, in the form of the other three separate tax

lots (Tax Lots 1918, 1919, and 1999), which are all zoned Light Industrial (M2); two of those tax lots (Tax

Lots 1918 and 1919) are described as "Tracts A and B" of the John Weber Business Park. (Gary and Linda

Bloom are hereafter referred to as "the applicants.")

WHEREAS, approving the applicants' requests would result in the tract being consolidated, divided, and rezoned into two parcels, with the proposed western (0.64-acre) parcel being zoned completely

M2, and the proposed eastern (0.63-acre) parcel, which has an existing single family dwelling and shop on

it, being zoned completely RR1/2.

WHEREAS, due notice was given of the hearing before the Planning Commission on October 24,

2012, and a quorum was present. Written and oral testimony was provided by Planning staff, and oral testimony was provided at the hearing by the applicants' representative, Surveyor James Klein, as well as by

Rich Fenton, a right-of-way specialist for Century Link, a local telephone and internet provider.

WHEREAS, information was presented at the hearing regarding the need to locate the utilities on the subject property and to document any existing utility easements or to provide a public utility easement to cover them. This was brought to light by Century Link, the telephone and internet provider, which has existing infrastructure, including the hub serving the John Weber Business Park, located on the subject property that was not covered by an easement before the property (i.e., Tax Lots 1918, 1919, and 1999) was

1 sold to the applicants by the Port of Hood River. The applicants' surveyor, James Klein, and the applicants, who were all present at the hearing, indicated that the applicants were agreeable to locating the utilities on the subject property and were willing to provide a public utility easement to cover them.

WHEREAS, based upon information provided in the staff report and the evidence and testimony presented at the hearing, the Planning Commission hereby adopts the Findings of Fact and Conclusions of

Law set forth in the staff memorandum dated October 17, 2012, attached hereto as Exhibit 1, and recommends that the conditions listed in the staff report be adopted by the County Commission, along with the following additional recommended condition (included below as Condition #12): "Prior to final plat approval, the applicants shall identify the location of utilities on the subject tract, and shall provide a public utility easement from the grantors on the plat to cover those which do not have an existing easement."

NOW, THEREFORE, THE COUNTY PLANNING COMMISSION HEREBY

RECOMMENDS that the County Board of Commissioners approve Gary and Linda Bloom's applications for a Comprehensive Plan and Zone Change (P-12-0129) and Replat/Partition (P-12-0130), subject to the following conditions:

1. Final approval for the rezoning of the subject property, whereby proposed Parcel 1 is zoned completely Light Industrial (M2) and proposed Parcel 2 is zoned completely Rural Residential (R121/2) shall not take effect until the final partition plats have been recorded with County Records and Assessment.

2 4. It should be noted on the plat for future reference that the area making up Tract 'A' as part of the John Weber Business Park Subdivision may still be bound by its plat restriction of being an area "for landscaping." Both Tracts 'A' and `13' may still be bound by that subdivision's Covenants, Conditions, and Restrictions (CC&R's).

6. Any reference on the plat to the 50' Stream Protection Overlay riparian setback shall be from the bankfull stage of McGuire Creek, not from its center.

(If you have any questions regarding the above condition, please contact Don Wiley, County Engineer, at 541-386-2616.)

9. Prior to recording final partition plats, in order to ensure future access for maintenance, the applicants shall provide public utility easements for portions of the John Weber Business Park Subdivision's common drainage improvements that are located within existing "Tract B" (i.e., Tax Lot 1918 ) outside of the existing dedicated road right-of-way. [The improvements include a 12-inch storm line (Storm Line "B") and twin 30-inch culverts with a rip-rap outfall as indicated on the attached drawing — Exhibit I.] For the 12-inch Storm Line "B" a 10' wide easement shall be centered over the pipe, and for the twin 30-inch culverts and rip-rap outfall, a 20' wide easement shall be centered over the pipes. (If you have any questions regarding the above condition, please contact Don Wiley, County Engineer, at 541-386-2616.)

10. The final plats shall indicate all existing and proposed easements and other encumbrances affecting the subject parcels.

11. Neither of the proposed parcels may be sold or conveyed separately prior to recording the final plats.

The final plats can only be recorded Monday through Friday (excluding holidays) from 9:00 a.m. — 12:00 p.m. and 1:00 p.m. — 4:00 p.m. The County Department of Records & Assessment requires at least one working day's notice before recording the final plats. Also, in order to ensure that an authorized employee is available to sign your plats, please contact County Planning and County Budget & Finance at the same time as notifying the County Department of Records & Assessment.

DATED this 3o dayof October 2012.

HOOD RIVER COUNTY PLANNING COMMISSION

By: obert Schuppe, Chair

Approved as to form:

Wilford K. Carey, County Counsel

4 Exhibit 1 Memorandum Hood River County Community Development

October 17, 2012

To: Hood River County Planning Commission Will Carey, County Counsel Brian Beebe, County Records & Assessment Randy Johnston, County Surveyor Don Wiley, County Public Works Greg Borton, Wy'east Rural Fire Protection District Ralph Lane, Jr., Odell Sanitary District Bob Duddles / Fred Schatz, Crystal Springs Water District Phil Davis, Odell Water Co. John Buckley, East Fork Irrigation District Karen Swirsky, Oregon Department of Land Conservation & Development Cindy Walbridge, Planning, City of Hood River Scott Franke, Hood River Valley Residents Committee Anne Saxby, Hood River Soil & Water Conservation District Mike McElwee, Port of Hood River Gary & Linda Bloom, Property Owners James Klein, Surveyor, Applican

From: Mike Benedict, Director Josette Griffiths, Senior Planneri6

Re: Bloom Comprehensive Plan & Zone Change (P-12-0129) and Replat/Partition (P-12-0130)

Attachment Index: - Attachment A: Application; Notice; Legal Notice - Attachment B: John Weber Business Park Subdivision Plat - Attachment C: Comprehensive Plan Map

I. BACKGROUND

A. Request: Gary Bloom owns a parcel (2N 10E 27A, Tax Lot 1300) that is zoned Rural Residential (RR1/2). He and his wife, Linda Bloom, acquired adjacent property from the Port of Hood River, in the form of three separate tax lots (2N 10E 27A, Tax Lots 1918, 1919, and 1999), which are all zoned Light Industrial (M2); two of those tax lots are described as "Tracts A and B" of the John Weber Business Park.

Gary and Linda Bloom, the applicants, propose to re-plat a portion (Tax Lots 1918, 1919, and 1999) of the John Weber Business Park Subdivision by adjusting all of the property referenced above (including Tax Lot 1300) into 2 parcels and rezoning it. Together with their application for a Comprehensive Plan and Zone Change (P-12-0129), the Blooms have applied to divide (P-12-0130) the subject property into two parcels, so that the proposed western parcel (0.64-acre) would be zoned completely M2, and the proposed eastern parcel (0.63-acre), which has an existing single family dwelling and shop on it, would be zoned completely RR1/2.

B. Location: The subject tract is located at the northwest corner of Eagle Loop and Odell Highway. The property is further described as: 2N 10E 27A, Tax Lots 1300, 1918, 1919, and 1999. C. Zoning: Currently, 2N 10E 27A, Tax Lot 1300 is zoned Rural Residential (RR1/2), and Tax Lots 1918, 1919, and 1999 are zoned Light Industrial (M2). McGuire Creek, which crosses both Tax Lots 1300 and 1918, is zoned Stream Protection Overlay (SPO).

D. Legal Parcel Status: • Tax Lot 1300 was determined to be a legal parcel when the garage on it was approved via Land Use Permit #97-583. From reviewing the deed card, it appears that there have been several minor adjustments (such as Tax Lot 1999) made with the Port through the years.

• Tracts A and B were created on the subdivision plat for the John Weber Business Park. Tract A was described as an area for landscaping, and Tract B was described as an area for future use by the Port (presumably light industrial).

E. Access: The subject tract has frontage along Odell Highway (Hwy 282) on its east side and along Eagle Loop on its south side.

F. Sewer: Odell Sanitary District.

G. Water: For its domestic water, the subject property is located within the service area of Odell Water Company along its Odell Highway frontage; however, the proposed western parcel would be served by Crystal Springs Water District.

H. Fire Protection: The subject parcel is located within the Wy'east Rural Fire Protection District.

I. Prior Land Use Permits: • Tax Lot 1300: Land Use Permit #07-414 for a pre-application conference; and Land Use Permit #97-583 to construct an accessory building to the single family dwelling (a pole building/garage). • Tracts A & B (previously part of Tax Lot 1900): Land Use Permit #89-706 for the John Weber Business Park Subdivision; and Land Use Permit #83-051A for a Zone Change from Farm to Light Industrial, with Floodplain designated as on overlay zone along Odell Creek.

J. On-site Land Use: • Tax Lot 1300: According to information from County Records and Assessment, there is an existing single family dwelling, garage/shop, shed, and greenhouse located on this property. • Tax Lots 1918, 1919, and 1999: According to information from County Records and Assessment, there is no structural development on these tax lots.

K. Adjacent Zoning and Land Use: To the south and west, the subject tract is surrounded by land zoned Light Industrial (M2); to the east, across Odell Highway, land is zoned Residential (R1-7500); to the north, land is zoned Rural Residential (RR1/2).

L. Summary of Comments:

• Don Wiley, County Public Works — "From the improvement plans for the John Weber Business Park it appears that there are some common drainage improvements for the subdivision located within the existing Tract "B". These improvements include a 12" storm line (Storm Line "B") and twin 30" culverts with a rip-rap outfall as indicated on the attached drawing. To insure future access for maintenance, Public Works recommends a condition requiring the creation of public utility easements for portions of these improvements located outside of the existing dedicated road right-of-way. For the 12" Storm Line "B" we recommend a 10' wide easement centered over the pipe and for the twin 30" culverts and rip-rap outfall we recommend a 20' wide easement centered over the pipes. 2 Earlier today, I met with the phone company and it appears that the main phone line serving the subdivision is located outside of the road right-of-way and inside Tract "A" and/or Tax Lot 1999. They indicated they would contact you later today if there is a need to reserve an easement for the phone line.

Public Works has the following comments regarding the Goal 9 Locational Criteria: a. Eagle Loop provides direct access to an arterial street and is constructed to an industrial street standard that is appropriate for the proposed zoning of Parcel 1. b. The lot configuration would provide more than the 50' minimum spacing to the Odell Highway intersection and would satisfy the County's access management standard. A driveway permit from Public Works will be required before the driveway to proposed Parcel 1 is developed. c. It appears that proposed Parcel 1 will drain to McGuire Creek. Depending on the scale of development on Parcel 1, Public Works may recommend that on-site stormwater treatment be provided at the time Parcel 1 is developed. d. The site access appears to have adequate visibility for pedestrians and motorist. Public Works recommends a condition of approval that a curbside sidewalk be constructed along the frontage of proposed Parcel 1 at the time Parcel 1 is developed." (From e-mail to staff, dated October 17, 2012.) Note: his attachment is included as Exhibit I.

• Dyrk Pritchett, Engineer, Century Link — He called staff on October 17, 2012 to state that he had done a site visit with Don Wiley, County Engineer, that morning, and found that there are telephone cable and above-ground structures, including the cable/hub for the whole John Weber Park Subdivision, located just south of (2N 10E 27A) Tax Lot 1999's northern property line. He said that it looked like it was located mostly within proposed Parcel 2, the Rural Residential parcel. He stated that Century Link needs to have an easement through there; and that it would be very difficult to move that cable now. He indicated that Rich Fenton, Century Link, may provide additional comments on this. [Note: given the timing of when these comments were received, staff was not able to discuss these comments with County Counsel. Prior to the hearing, staff will seek direction from Counsel on how to address these comments.]

• John Buckley, East Fork Irrigation District — "There are no problems with this application, as East Fork Irrigation District has no delivery of water or water pipelines in this area." (From e- mail to staff, dated September 24, 2012.)

• Phil Davis, Odell Water Company — He indicated that Odell Water Co. will continue to serve the proposed eastern parcel located along the Odell Highway frontage with the existing single family dwelling on it (if it is partitioned), but he said that Crystal Springs Water District serves the interior of the John Weber Industrial Park. He thought it might be easier for Crystal Springs to serve the western parcel that is proposed to be created (which would be zoned Light Industrial). But he also said that he thought the Odell Water Co. would be fine serving it, too, although they may need an easement. (From phone conversation with staff on October 15, 2012.)

• Fred Schatz, Crystal Springs Water District — He indicated that once the property is partitioned, that Crystal Springs would serve the western parcel being created (and Odell Water Co. would continue to serve the eastern parcel, which has frontage along Odell Highway). He stated that it would not be necessary to impose conditions related to water service that the applicant would need to meet prior to filing the final plat; instead, provision of water to the proposed Light Industrial- zoned parcel would be addressed at the time of development. (From phone conversation with staff on October 16, 2012. Note: Bob Duddles was on vacation.) 3 • Ralph Lane, Jr., Odell Sanitary District — "After review, I have no issues with this proposed change by the Blooms." (From e-mail to staff, dated October 16, 2012.)

• Randy Johnston, County Surveyor — He forwarded staff an e-mail that he had previously sent to Principal Planner Eric Walker, who handled the 2007 pre-application conference (ultimately resulting in this application). "Hi Eric, just had a couple of conversations with Jim regarding the above property and thought I'd recap the gist of what we said. With the passage of time, I'm finding more and more building and planning officials are less likely to approve buildings that don't meet setbacks to existing plat lines even the property lines have been adjusted. With the creek in the westerly half of the proposed property, it's that much more important that the easterly portion not be encumbered by a plat line. It's also been brought to my attention that this project will envelop the Tract 'A', and TL 1999, an apparently quitclaimed property. My understanding is that from a planning perspective, this is still a property line adjustment, but I must reiterate that a partition plat would be the most expedient, and less expensive in the long run, versus doing consecutive property line adjustments to eventually get to the same point, and then have to deal with vacating the subdivision line.

Additionally, the Tract 'A' as part of Weber Business Park may still be bound by the plat restriction of "for landscaping." That might be a question for Will, and dependant on PLA or replat. Ditto w/ the CC&R's. If you have any questions or comments, please get ahold of me." (From e-mail originally dated August 2, 2012.)

II. FINDINGS OF FACT AND CONCLUSIONS OF LAW (Review criteria are noted in italics.)

1. Hood River County Policy Document

A. GOAL 1— CITIZEN INVOLVEMENT Hood River County's acknowledged application process, which requires public hearings and notice to surrounding property owners and affected agencies, is consistent with Goal 1. Notice of the application and related public hearing was provided to agencies and to adjacent property owners located within 250 feet of the subject parcel on September 18, 2012. Legal notice appeared in the Hood River News on September 26, 2012. In addition, notice to the Department of Land Conservation and Development was provided thirty-five days prior to the first evidentiary hearing on the request, as required by ORS 197.610(1).

B. GOAL 2 — LAND USE PLANNING The subject property is located outside of an Urban Growth Boundary (UGB) or acknowledged unincorporated community and is, therefore, considered "rural" land. The County determined that the subject property was not resource land when it adopted the Rural Residential and Light Industrial comprehensive plan designations and zoning for this area as part of its acknowledged Comprehensive Plan and Zoning Map in 1984.

This proposal would clean up the tract's existing plan and zoning designations by more clearly demarcating the property into two parcels, with the resulting western parcel being zoned completely Light Industrial and the eastern parcel being zoned completely Rural Residential. The property is currently comprised of a parcel (Tax Lot 1300) and a sliver of land abutting Tract A (i.e., Tax Lot 1999), owned by Gary and Sharon Bloom (Sharon Bloom passed away in 2001). Gary and Linda Bloom later acquired Tract A (i.e., Tax Lot 1919) and Tract B (i.e., Tax Lot 1918) of the John Weber Business Park Light Industrial subdivision. This application represents multiple property line adjustments, which are being processed as a replat/partition since the County Surveyor advised staff and the applicant that this would be the cleanest way to consolidate and divide the subject property. Processing it this way will ensure that those areas that were known as Tracts A and B of the subdivision have their lines vacated.

4 Since the County already took an exception to Goals 3 and 4 on this area in 1984, the only remaining consideration is whether the proposed amendment would require an exception to Goal 14 (Urbanization). On other similar applications (such as rezoning of the old Drive-thru at Windmaster Corner), an exception to Goal 14 was not required to rezone part of that property rural Light Industrial, as long as the threshold for rural commercial or light industrial uses was not exceeded (i.e., 40,000 square feet of floor space for light industrial use). This issue is addressed in more detail in Section II(1)(I) of the staff report.

At this time, no specific uses are proposed as part of this application and the applicant is not requesting an exception to Goal 14. If the Zone Change and replat/partition request were approved, an applicant would be required to apply for any development on the vacant Light Industrial parcel through a separate Industrial Land Use Permit. (The eastern parcel is already developed with a single family dwelling.)

C. GOALS 3 (AGRICULTURE) and 4 (FOREST) As part of the exception process, when the County Comprehensive Plan was acknowledged in 1984, it was determined that the subject tract was not suitable for agricultural or forest use. As a result, these Goals are not applicable to the request.

D. GOAL 5 — NATURAL RESOURCES McGuire Creek is zoned Stream Protection Overlay (SPO), which has a 50' buffer setback for development from bankfull stage of the creek. The applicant has identified the location of the 50' buffer on both sides of the creek on the tentative plat. At the time of development, the buffer setbacks would apply. In the narrative of the application, the applicant indicated that the buffers along the creek were from center-line of the creek rather than from its bankfull stage, which is defined below (from the definitions in Article 42, the Stream Protection Overlay Zoning Article).

"Bankfull Stage: The elevation at which water overflows the natural banks of rivers and streams and begins to inundate upland areas. In the absence of physical evidence, the two-year recurrence interval flood elevation may be used to approximate the bankfull stage. Physical characteristics that indicate the elevation include a clear, natural line impressed on the shore, a change from upland vegetation (e.g. oak, Douglas fir) to bare soil or substrate, a change in vegetation from upland (e.g. oak, fir) to aquatic (e.g. willows, rushes), a textural change of depositional sediment or changes in the character of the soil (e.g. from upland soils to sand, sand and cobble, cobble and gravel), absence of fine debris (needles, leaves, cones, seeds), or the presence of water-borne litter and debris, water-stained leaves or water lines on tree trunks."

Staff recommends including a condition that any reference on the plat to the 50' Stream Protection Overlay riparian setback shall be from the bankfull stage of McGuire Creek, not from its center.

There is area on the east side of the creek's riparian buffer for a small light industrial business.

E. GOAL 7 — NATURAL HAZARDS There are no identified or apparent natural hazards on the site, such as geologic hazards. McGuire Creek is not zoned Floodplain.

5 F. GOAL 9 — ECONOMIC DEVELOPMENT

1. Goal I. To maintain and provide for a stable and healthy agricultural and forest product based economy. Heavy industry shall be discouraged. Tourist, commercial, or light or medium industrial growth shall only be encouraged to the extent that it does not significantly alter the rural character, or the existing agriculture and forestry base of the economy in those areas designated as resource land.

The subject tract is located within an existing Exception Area, so the request will not adversely impact the stability and health of the agricultural and forestry economic base of the County. The property is in Odell, and is on the eastern edge of the John Weber Business Park, a light industrial park. The proposal fits in with the rural residential and light industrial zoning of this area. Based upon the above information, staff find the request is consistent with this goal.

2. Goal 2. To maintain and provide for a stable and healthy economy to encourage labor- intensive and light industrial and commercial growth in order to increase employment opportunities for present and future residents of the Hood River/Westside area.

Approval of this application would improve the ability to use what was known as Tract B of the John Weber Business Park for light industry by enlarging it as a separate parcel (and vacating its old lines), thereby contributing to light industrial growth and employment opportunities of the County. (That tract was identified on the John Weber Subdivision Plat to be used for industrial purposes, but without the proposed reconfiguration of space, its ability to be used as such is limited.) As such, the request complies with this Goal.

3. Policy 1.d. Industries and commercial enterprises shall be encouraged to take advantage of local labor skills when possible.

The use of the proposed western parcel for light industrial purposes will be consistent with this policy since its employees are likely to come from the local area.

4. Strategy I.e. When new commercial and industrial establishments or centers are proposed, they shall meet the following locational criteria:

(a) Direct access to an arterial or collector street. Traffic will not be routed through local neighborhood streets.

The eastern parcel will retain its existing access from Odell Highway, a State highway. The western parcel will be served by Eagle Loop, which is not a local neighborhood street, but a public road serving the John Weber Business Park, a light industrial subdivision. As noted by the County Engineer, in his comments: "Eagle Loop provides direct access to an arterial street and is constructed to an industrial street standard that is appropriate for the proposed zoning of Parcel 1." Based on the above, staff find that the request is consistent with this strategy.

(b) Site access will not cause dangerous intersections or traffic congestion. Roadway capacity, speed limit, and number of turning movements shall all be considered.

The County Engineer provided comments confirming that: "The lot configuration would provide more than the 50' minimum spacing to the Odell Highway intersection and would satisfy the County's access management standard. A driveway permit from Public Works will be required before the driveway to proposed Parcel 1 is developed." Staff recommends including a condition that acknowledges 6 the need for a driveway permit prior to developing the driveway to Parcel 1. Staff find the request is in keeping with the above standard.

It appears that proposed Parcel 1 will drain to McGuire Creek. Depending on the scale of development on Parcel 1, Public Works may recommend that on-site stormwater treatment be provided at the time Parcel 1 is developed. Staff recommends that this be included as a condition for future reference.

(d) Access points will have adequate visibility for motorists and pedestrians and will be kept at the minimum needed for safe ingress and egress.

Don Wiley, County Engineer, provided the following feedback this standard: "The site access appears to have adequate visibility for pedestrians and motorist. Public Works recommends a condition of approval that a curbside sidewalk be constructed along the frontage of proposed Parcel 1 at the time Parcel 1 is developed." To meet the above standard, staff recommends implementing the condition suggested by the County Engineer.

(e) The site will be convenient and close to population centers.

The subject property is located in Odell, which will eventually be designated an unincorporated community. The request complies with this standard.

W The use shall be compatible with surrounding uses, size and character.

No specific use is proposed at this time; however, any use will be required to meet applicable development standards that are implemented as part of a request for an Industrial Land Use Permit to ensure compatibility with adjacent uses. The applicant, Gary Bloom, also owns abutting property (Tax Lots 1101 and 1102) zoned RR' to the northeast of the proposed light industrial parcel. The other neighbor to the north (Tax Lot 1100) that abuts the proposed industrial parcel did not comment on this request; their parcel is large for this area and the residential development on it is closer to its Odell Highway frontage than to the south side of that lot. Given the setbacks required in the Light Industrial Zone (where the setback is the distance of the height of the building from a neighboring residential property), the small size of the parcel, and the adjacent industrial park, staff finds that the request is consistent with this standard.

(g) Whenever possible, sites will be located adjacent to existing commercial areas, and cluster-type development will be encouraged.

The parcel is located in the vicinity of other rural industrial development. The request complies with this standard.

(h) No building site shall be located within the 100-year floodplain.

This standard is not applicable to the request because the property is not within the 100-year floodplain.

7 (i) The use will expand the range and number of job opportunities within the community.

The request will allow additional opportunities for light industrial development, thus increasing the number and variety of job opportunities in the County.

5. Strategy 3.a. New industrial and commercial comprehensive plan designations or zones shall meet the locational criteria listed above under (e), 1 through 9.

As noted above, the proposal complies with the locational criteria.

G. GOAL 11— PUBLIC FACILITIES & SERVICES

1. Goal 2. To protect the general health of local residents through the provisions of adequate water and sanitary sewerage facilities.

Regardless of the zoning designation of the subject parcel, no development will be approved unless adequate water and sewer facilities are available or provided. Crystal Springs Water District and Odell Water Company have indicated to staff that water is available to the existing use and for light industrial use of the site. The subject property is located within Odell Sanitary District, a public sewer district.

2. Strategy 30. Storm drainage plans will be required for areas that have identified drainage problems.

Based on feedback from County Public Works, plans may be required at the time of development related to drainage from Parcel 1 into McGuire Creek. A condition recommended earlier in this report addresses this.

H. GOAL 12 — TRANSPORTATION The dwelling on proposed Parcel 2 has existing access from Odell Highway, and any light industrial business on the proposed western parcel (i.e., Parcel 1) will have access from its Eagle Loop frontage. The proposed eastern Rural Residential parcel is already built out residentially, and will not be able to be further divided. The proposed western parcel is small in size (approx. 0.64 acre), with part of its area including McGuire Creek which has riparian buffers, which limits development along them; as such, its development potential will be limited to a small light industrial use, which should not significantly increase traffic or use of the road system. Comments from the County Engineer indicate that access to the proposed parcels is adequate.

I. GOAL 14: URBANIZATION At this time, no specific uses are being proposed as part of this application and the applicant did not request an Exception to Goal 14 (Urbanization). Whether or not it is necessary to restrict new future light industrial development in order to ensure that it is rural in nature per Goal 14 provisions is addressed below.

Under Goal 14, uses that would occur in areas of the County that are outside of an urban growth boundary or acknowledged unincorporated community must be rural in nature. Rural uses are not explicitly defined; however, those industrial uses that would be allowed in a rural area, by inference, must be less intensive than those allowed within an unincorporated community. As provided in OAR, Chapter 660, Division 22 (Unincorporated Community), a small-scale, low impact industrial use is one which takes place in an urban unincorporated community in a building or buildings not exceeding 60,000 square feet of floor space, or in any other type of unincorporated community in a building or buildings not exceeding 40,000 square feet of floor space.

8 Odell has not yet been designated an unincorporated community. A 2004 draft plan that was prepared (but not adopted) for Odell to be designated as such anticipated that it would be an urban unincorporated community. Regardless, the size of the proposed Light Industrial parcel is 27,684 square feet (or 0.64-acre), which is smaller than the size of the building (i.e., 40,000 square feet) that would be allowed in a non-urban unincorporated community. Given the proposed parcel's development limitations (related to its small size, as well as riparian setbacks from the stream, and from adjacent property to the north, east, and to the street), the size of development on the parcel will be restricted naturally, without the need to impose additional limitations related to it.

Potential Residential Development: There is an existing single family dwelling on the subject parcel, which is an allowed use in the Rural Residential Zone. Proposed Parcel 2 (which would be approximately 0.63-acre) could not be further divided based on its size. The residential parcel that is being reduced in size is existing (0.86-acre), and can be made smaller as the result of property line adjustments. A replat/partition is being applied for simply because it is the most expeditious way to address multiple property line adjustments and to vacate the subdivision lines of Tracts A and B. Based on the above, no exception to Goal 14 is needed for the rural residential area.

Miscellaneous: The County is currently in the process of addressing Goal 14 as it pertains to Odell. Through this process, the County will, among other things, establish unincorporated community boundaries and adopt zoning ordinances that concern rural and urban commercial and industrial development. This process may impact future use of the proposed parcels by making development either less or more restrictive.

The findings of fact and conclusions of law used to demonstrate compliance with the provisions of Goal 14 were based upon site-specific information and should not be used as a precedence if and when a similar application is made or when the County addresses the provisions of Goal 14 during its Periodic Review.

Conclusions: Staff finds that the request and subsequent development is consistent with the above standard, and with the Goal 14 provisions without taking a Goal 2 Exception to Goal 14.

2. Hood River County Zoning Ordinance - ARTICLE 15 (RURAL RESIDENTIAL ZONE)

A. Section 15.10 — Uses Permitted Outright One single family dwelling is permitted per parcel in the RR Zone. The existing dwelling complies with this standard.

B. Section 15.55 — Site Development Standards i. Minimum lot size for new lots or parcels: As shown on the official zoning map.

Parcel 2, the proposed parcel with the dwelling on it remains over half an acre in size. The request is really a series of property line adjustments which is being processed through a replat/partition in order to vacate some old subdivision lines.

ii.Minimum width and depth requirements: • Minimum average lot width: 100 feet • Minimum lot width at street: 50 feet • Minimum average lot depth: 100 feet

Proposed Parcel 2 meets the above lot width, depth, and road frontage standards.

9 3. Hood River County Zoning Ordinance - ARTICLE 32 (LIGHT INDUSTRIAL ZONE) A. Minimum street frontage of lots: 50 feet

Proposed Parcel 1 has over 50 feet of frontage along Eagle Loop, a public road, consistent with the above standard.

B. Landscaping, Lighting, and Setbacks

The provisions related to landscaping or providing a fence adjacent to residential land, as well as not projecting lighting into a residential zone, and meeting setbacks all apply at the time of a development application for an Industrial Land Use Permit.

C. Section 32.40 — Locational Criteria

The locational criteria are found under Goal 9 (Economy of the State), Strategy 1.e., which was addressed in Section II(1)(F)(4) of the staff report, above.

4. Hood River County Zoning Ordinance — ARTICLE 18 (SUBDIVISION ORDINANCE) Staff recommends including typical conditions of approval for a replat/partition, since that is the means to accomplish the consolidation and division of the property involved in this request. These conditions are provided in the Recommendation (Section III) of the staff report.

The requirements addressing the subdivision's existing drainage facilities are addressed more specifically below since County Public Works has indicated some concern that the existing stormwater improvements on Tract B serving the John Weber Business Park Subdivision be protected and access for maintenance be maintained. He provided a drawing (Exhibit I) showing the location of the improvements. These improvements include a 12" storm line (Storm Line "B") and twin 30" culverts with a rip-rap outfall as indicated on the attached drawing. To insure future access for maintenance, Public Works recommends a condition requiring the creation of public utility easements for portions of these improvements located outside of the existing dedicated road right-of-way. For the 12" Storm Line "B" Public Works recommends a 10' wide easement centered over the pipe and for the twin 30" culverts and rip-rap outfall a 20' wide easement centered over the pipes is recommended.

Section 18.42 — Drainage and Flood Control Provisions shall be made to drain surface and storm water from the subdivision on the basis of computation of anticipated 100 year frequency storms for maximum periods of intensity for the entire drainage basin served by the given drainage or flood control system. Drainage structures and ditches shall have sufficient open area to carry the calculated storm water from such drainage areas based on standard engineering principles. Where free fall of water occurs, provisions shall be made to prevent erosion of soil. Natural drainage shall be preserved whenever possible.

Section 18.80 - Drainage and Flood Control Adequate measures enumerated in Section 18.42 shall be met for any partition prior to the approval of the final plat.

Staff recommends including the following as a condition of approval in order to address the County Engineer's comments regarding the need to protect the existing subdivision's stormwater improvements:

"Prior to recording final partition plats, in order to ensure future access for maintenance, the applicant shall provide public utility easements for portions of the John Weber Business Park Subdivision's common drainage improvements located within existing "Tract B" (i.e., Tax Lot 1918 ) outside of the existing dedicated road right-of-way. [The improvements include a 12-inch storm line 10 (Storm Line "B") and twin 30-inch culverts with a rip-rap outfall as indicated on the attached drawing — Exhibit I.] For the 12-inch Storm Line "B" a 10' wide easement shall be centered over the pipe, and for the twin 30-inch culverts and rip-rap outfall, a 20' wide easement shall be centered over the pipes."

5. Hood River County Zoning Ordinance - ARTICLE 60 (ADMINISTRATIVE PROCEDURES)

A. Section 60.10 — The Burden of Proof: The burden of proof is placed on the applicant seeking an action pursuant to the provisions of this ordinance. Unless otherwise provided for in this article, such burden shall be to prove the following:

1. Granting the request is in the public interest; the greater departure from present land use patterns, the greater the burden of the applicant.

The public interest is manifested in the Comprehensive Plan. With recommended conditions, staff finds that the request is consistent with the goals, policies, strategies, and standards of the Comprehensive Plan.

a. The proposed action is in compliance with the Comprehensive Plan.

As determined earlier in this report, the proposal is in compliance with applicable Comprehensive Plan provisions.

b. The factors set forth in applicable Oregon Law were consciously considered. Also, consideration will be given to the following factors:

(i) The characteristics of the various areas of the County.

The proposal to change the zoning of the subject tract to make the Rural Residential and Light Industrial zoning more uniform by replatting it as proposed is consistent with the existing use of the property, and nearby development.

(ii) The suitability of the subject area for the type of development in question.

The subject property is located adjacent to developed roads, and is located in an area that is served by public utilities and services. Future development will be subject to the applicant obtaining an approved Industrial Land Use Permit.

(iii) Trends in land development.

As determined earlier in this report, the proposed zoning is consistent with existing surrounding development and zoning designations.

(iv) Density of development.

No increase in density is proposed. The reconfiguration of the property will make it more likely that the Light Industrial parcel may be developed. In any case, development is limited by the small size, and other limitations, of that parcel. The residential parcel cannot be further divided. As such, staff finds that the request is consistent with this standard.

(v) Property values.

11 Since the proposed industrial parcel is in an area of industrial development, and many of the surrounding parcels are similarly used, the property values of nearby parcels should not be adversely impacted by the proposed development.

(vi) The needs of economic enterprises in the fitture development of the County.

Approval of this application will provide a limited expansion of the light industrial use of the subject property, ensuring ongoing employment opportunities for local residents.

(vii)Access.

The existing dwelling on proposed Parcel 2 will retain its access from Odell Highway. The light industrial parcel (Parcel 1) has frontage along Eagle Loop. Both parcels have access.

(viii) Natural resources.

McGuire Creek runs through proposed Parcel 1. It has a Stream Protection Overlay Zone on it, which will restrict development in its riparian buffers.

(ix) Public need for healthfiil, safe and aesthetic surroundings and conditions.

No comments were received indicating concern with the above. At the time of development of the Light Industrial parcel, the applicant will have to address site development standards that are intended to address the above (related to landscaping, and setbacks).

c. Proof of change in a neighborhood or community or mistake in the planning or zoning for the property under consideration are additional relevant factors to consider.

There has been no discemable change in the neighborhood; nor has a mistake in the zoning been alleged.

Conclusion: Staff finds that the burden of proof for the requested Zone Change has been met.

B. Section 60.14(B) — Conditions of Approval: Such conditions shall be reasonably conceived to fulfill public needs.

This section allows the Planning Commission to attach conditions of approval to the proposal, if reasonably based on public need.

12 HI. RECOMMENDATION

Based upon the above findings of fact and conclusions of law, staff recommends that the Planning Commission recommend that the Board of County Commissioners approve Gary and Linda Bloom's applications for a Comprehensive Plan and Zone Change (P-12-0129) and Replat/Partition (P-12- 0130), subject to the following conditions:

1. Final approval for the rezoning of the subject property, whereby proposed Parcel 1 is zoned completely Light Industrial (M2) and proposed Parcel 2 is zoned completely Rural Residential (RR') shall not take effect until the final partition plats have been recorded with County Records and Assessment.

2. All of the property involved in this application must be in the same ownership in order for it to be replatted/partitioned. Currently, (2N 10E 27A) Tax Lot 1300, and seemingly another adjacent sliver, is owned by Gary D. and Sharon L. Bloom. Since Sharon Bloom is deceased, the applicant will need to record her Death Certificate at County Records and Assessment in order to remove her name from the property. (2N 10E 27A) Tax Lots 1918, 1919, and 1999 are currently owned by Gary D. and Linda K. Bloom. (If you have any questions on this condition, please contact County Records and Assessment at 541-386-4522, or a Title Company.)

4. It should be noted on the plat for future reference that the area making up Tract 'A' as part of the John Weber Business Park Subdivision may still be bound by its plat restriction of being an area "for landscaping." Both Tracts 'A' and 13' may still be bound by that subdivision's CC&R' s.

6. Any reference on the plat to the 50' Stream Protection Overlay riparian setback shall be from the bankfull stage of McGuire Creek, not from its center.

13 8. At the time that Parcel 1 is developed: A. A curbside sidewalk shall be constructed by the future applicant along that parcel's Eagle Loop frontage. B. County Public Works may recommend that on-site stormwater treatment be provided, depending on the scale of development on Parcel 1. C. A driveway permit shall be obtained from County Public Works prior to constructing a driveway for that parcel.

(If you have any questions regarding the above condition, please contact Don Wiley, County Engineer, at 541-386-2616.)

9. Prior to recording final partition plats, in order to ensure future access for maintenance, the applicant shall provide public utility easements for portions of the John Weber Business Park Subdivision's common drainage improvements that are located within existing "Tract B" (i.e., Tax Lot 1918 ) outside of the existing dedicated road right-of-way. [The improvements include a 12-inch storm line (Storm Line "B") and twin 30-inch culverts with a rip-rap outfall as indicated on the attached drawing — Exhibit I.] For the 12-inch Storm Line "B" a 10' wide easement shall be centered over the pipe, and for the twin 30-inch culverts and rip-rap outfall, a 20' wide easement shall be centered over the pipes. (If you have any questions regarding the above condition, please contact Don Wiley, County Engineer, at 541-386-2616.)

10. The final plats shall indicate all existing and proposed easements and other encumbrances affecting the subject parcels.

11. Neither of the proposed parcels may be sold or conveyed separately prior to recording the final plats.

Failure to comply with any of the above conditions can void this approval.

Please note that for the final plats to be eligible for recording, all persons who have ownership interest in the property must sign them in front of a notary public. Notary signatures and stamps (if used) must be clean and legible. The plats shall only be signed with an "archival ink" pen, available for purchase at most stationary stores or use at the County Planning Department. The final plats shall also contain signature blocks for the County Surveyor, County Budget and Finance Director, and County Planning Director. The sequence of signatures includes: (1.) the County Surveyor [review fee and approximately 3 week review time]. The applicant shall provide a preliminary title report or subdivision guarantee at the time the plat is submitted to the County Surveyor; (2.) County Planning Director; and (3.) County Finance Director. Once all of these signatures have been obtained, the plats are eligible to be recorded with County Records and Assessment.

The applicant is advised to contact the Assessor's Office to determine assessed value changes which may result because of the proposed action. Further, it is advised that the applicant review ORS 92.095 which addresses payment of taxes, interest or penalties before a subdivision or partition plat is recorded. If you have any questions, please contact the County Assessor's Office at (541) 386-4522. 14

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z ufv%. REGRADE CREEK CULVERT I [ ENTRANCE & EXIT z ho 6 0 C. PER DETAIL _max P 73› I z 0 v, O › -' z 0 41.12 LF 12" CSP @ 1.0% z z m 0 (C-14, CL-3) i r- -I 0 I TYPE CG CB #6 STA 15+65.91, 20.28' R CB #7 STA 15+65.91, 20.84' LT.= TYPE CG-2 18" SERVICE LATERAL 18'© 'I% II(f) Eletiff.1517 -1•0 PC = 16+23.90 •

S 09174F274 W 272.53'

9 9T -- 11762. 56 1 2. .56 50R2 • EXHIBIT EXISTING PARTITION BOUNDARY LINE ADJUSTMENT PARCL ■ AND ZONING AND ZONE CHANGE PART 1,00 PL A 1 9920 I 1 e JE CS NO 99 1 0 1 CHANGE NE %4, SECTION 27, T. 2 N., R. 10 E., W.M. rAx LOT 1 90 4 CS NO 94035 TAN LDT 102 TAX LOT 1 1 01 COUNTY OF HOOD RIVER, STATE OF OREGON 2N 10E 27A TAX LOT 1300, 1999, 1919 cf. 1918

' I g" 8 SNAP 3 0' LEGEND 490' SET 5/6' X 30' REBAR 0/ YELLOW PLASDC CAP (KLEIN k ASSOCIATES OR 59002) 3001'22 t 3) FOUND 5/0- REBAR 0/ YELLOW PLASTIC CAP \3716'F016 .F0 (MARY WWI PACIFIC, CS NO 90035) 371.317 , .3,64 N 89 a FOUND 19. REBAR W/YELLOW PLASTC CAP N OT 30D. (CRC SURVEYING. CS NO B7033)

-• FOUND 14• ROAR W/YELLOW PLASTIC CAP (PHILIP J. LARSON. CS N0. 94033)

09 FOUND 91,- ROAR 0/YELLOW PLASTIC CAP (KLEIN k ASSOCIATES OR 59002 CS NO. 2011033) TRACTL,, 9,4gr„ WEBBER I • ANGLE POINT. NOT MONUMENTED ------■ssN KouNdoli;/,, g R1A REFERENCE MONUMENT 0 CS NO COUNTY SURVEY NUMBER

30 09' BASIS OF BEARING 4 FO FOUND DATA 999'3059"w 224 46* tgVeRalliiik‘Ws 5W49sIse ( 1 0000') PLAT DISTANCE JOHN WEBER BUSINESS PARK. CS NO 90035 --0.- 41 • 5 07,1 1 9,3 -1.20 EAGLE LOOP AW`. • t‘Cr,A.76.77E61-E7 PERFORMED BY. IMLSET 0 HAM PACIFIC INC. RIGHT -OF- WAY

— COMPUTED CENTERLINE EDGE Of EASEMENT ------CENTERLINE OF CREEK

r1, 7,7;21 EXISTING/PROPOSED RR /4 ZONE PAT 1; ''.g. 'N ' :r19111'USZn ' PA,71(' VZJ-4

Eu91940/PROPOSED u - 2 ZONE 07,1

AREA AND ZONE CHANGE TABLE 9 49.08'22" W 21/53' kAX LOT' 20NE_I_ORIGINAL AREA 1 NEW AREA NEW El,' 30 01' I PROPOSED 1, 7111/ 56 11 2%56 50R2 PARTITION AND sscc, .AR CI, OFAAR,ON A' 9920 ZONING CHANGE CS NO 99•D' rAx 011 1 904 REFERENCED DEEDS CS NO 94035 WARRANTY DEED NO. 972327 rAN 0 , 107 N 00' 0 0 1

SHOP REFERENCED SURVEYS 3 0' RI) JOHN WEBER BUSINESS PARK. CS NO. 90035 PERFORMED BY, WILSEY k HAM PACIFIC INC. 4 AO' NO N 139115•227 E 505.46..507.93.92 000 RO) PARTITION PLAT 9929. CS NO. 99101 202.13..199.2982 PERFORMED BY TERRA SURVETNG 30 2 R3) COUNTY SURVEY NO. 94035 BY PHILIP J. LARSON R4) COUNTY SURVEY NO 07033 BY DLC SURVEYING 3`);°2 -,=-7/7,

Ls, 5 Klein & Associates, Inc. 12 // ' ENGINEERING • LAND SURVEYING • PLANNING 64.‘-",,46(?; 1911 13th Str9•1, Hood FINK Oregon 97031 TN, (541)306-3322 , ------EMAIL inloOkleinassodnczom - •,` / , ',.11Y q , - - - , N06,006" YI - O 40 00' "RP , 06.35'53 "0:1; uv .1 I 30 09 . BASIS OF BEARING ;)://•////:/ 1//, /; 66. 3006"0 224 48'

EAGLE LOOP - -0- .5-oo SS/,//;;* H/ //, JAMLS N I • j BASIS OF BEARINGS 59002 ALAF OF JOHN WEBER BUSINESS PARK EKpres [III -3 CS NO 90035 ------SURVEY PFRF ORME° TOR SHEET _2_ OF _2_ M. r/f. rrr rAFROIAN _ GARY BLOOM NOM RAYER COONT0 OREGON 1 0 00' OWNER DA11 Of NIONUAR,TAT ON r0,10 F ASLMENr. AS PER 50 GARRY e1,00.A JULF 79, 2012 /4 SEC rrLAs 0. JOHN AFHLR BuSNESS PARK PROACT• 12-06-12 7 7A 7h '01 KLEIN k ASSOCIATES. MAKES NO WARRANTY AS TO MATTERS OF 1206 , 7 DWG UNWRITTEN TITLE. ADVERSE POSSESSION. ESTOPPEL, ACQUIESCENCE. ORA, k. rl APPE-1uvtD !D_1 2,_01 OCT 1 7 2012

HRC PLANNING AFFIDAVIT OF PUBLICATION

STATE OF OREGON COUNTY OF HOOD RIVER

I, Joe Petshow, being first duly sworn, depose and say that I am the publisher of the Hood River News, a newspaper of general circulation printed and published at Hood River in the aforesaid county and state, as defined by ORS 193.010 and 193.020 and that NOTICE OF APPLICATION- G. BLOOM, a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for 1 time in the following issues: Sept. 26, 2012

Subscribed and sworn to before me this 26th Day of September, 2012

C.. 4... 4. 4.,

HOOD RIVER zoned completely The Planning COUNTY PLAN- M2, and the pro- Commission hearing NING COMMIS- posed eastern par- is scheduled for OFFICIAL SEAL SION NOTICE OF cel (0.63-acre), Wednesday, Octo- CHRISTINE M STENBERG PUBLIC HEARING which has an exist- ber 24, 2012 at 7:00 NOTARY PUBLIC - OREGON BLOOM COMP 1.cfing single family p.m., or shortly COMMISSION NO 45648.3 PLAN & ZONE dwelling and shop thereafter, in the MY COMMISS)ON EXPIRES WkACI-I 12. 2015 CHANGE (P-12- on it, would be Board of County 0129) MINOR PAR- zoned completely Commissioners' TITION (P-12-0130) RR1/2. Conference Room Gary Bloom owns The subject tract (1st Floor) of the a parcel (2N 10E is located at the NW County Business 27A, Tax Lot 1300) corner of Eagle Administration Build- that is zoned Rural Loop and Odell Hwy. ing at 601 State Residential (RR1/2). The property is fur- Street, Hood River, He and his wife, Lin- ther described as: Oregon. da Bloom, acquired 2N 10E 27A, Tax Failure of an issue adjacent property Lots 1300, 1918, to be raised at the from the Port of 1919, and 1999. hearing, in person or Hood River, in the Currently, 2N 10E by letter, or failure to form of three sepa- 27A, Tax Lot 1300 is provide statements rate tax lots (2N 10E zoned Rural Resi- or evidence suffi- 27A, Tax Lots 1918, dential (RR1/2), and cient to afford the 1919, and 1999), Tax Lots 1918, decision maker an which are all zoned 1919, and 1999 are opportunity to re- Light Industrial (M2); zoned Light Industri- spond to the issue two of those tax lots al (M2). McGuire precludes appeal to are described as Creek, which cross- the Land Use Board "Tracts A and B" of es both Tax Lots of Appeal (LUBA) the John Weber 1300 and 1918, is based on that issue. Business Park. zoned Stream Pro- If you would like Gary and Linda tection Overlay additional informa- Bloom, the appli- (SPO). tion regarding these cants, propose to re- Comments re- applications, please plat a portion (Tax garding these appli- contact Josette Grif- Lots 1918, 1919, cations must be re- fiths, Senior Plan- and 1999) of the ceived by County ner, at the Hood Riv- John Weber Busi- Planning by 5:00 er County Planning ness Park Subdivi- p.m., Friday, Octo- Department at (541) sion by adjusting all ber 12, 2012, in or- 387-6840. The appli- of the property refer- der to be incorporat- cations and support- enced above (in- ed into the staff re- ing documents are cluding Tax Lot port to the County available for review 1300) into 2 parcels Planning Commis- at County Planning and rezoning it. To- sion. However, writ- at no cost or copies gether with their ap- ten or oral com- may be purchased plication for a Com- ments may be pro- at 0.250 per sheet. A prehensive Plan and vided at the hearing copy of the staff re- Zone Change (P-12- itself. (At least 10 port will be available 0129), the Blooms copies should be for inspection or pur- have applied to di- provided for written chase at least seven vide (P-12-0130) the comments submit- days prior to the subject property into ted the night of the hearing. two parcels, so that hearing and the 77-1t the proposed west- amount of time giv- ern parcel (0.64- en for oral testimony Attachment A , acre) would be will be limited.)

Affidavit Of Mailing

Applicant:

File Number(s): Crry hinf7c)ar Clincy d.ct 4/ P-1 -6.3130

. hereby swear that on the F3 day of 2012,

I caused to be mailed on the above date a copy of the attached

Adjacent Property Owner Notification

To the agencies/individuals on the attached list.

(Signed)

Attachment A z Hood River County Community Development Planning, Building Codes, Veterans' Services, Economic Development and Information Systems 601 State Street, Hood River OR 97031

MICHAEL BENEDICT, DIRECTOR TEL (541) 387-6840 • FAX (541) 387-6873 E-mail: [email protected] September 18, 2012

To: Hood River County Planning Commission Will Carey, County Counsel Brian Beebe, County Records & Assessment Mark Van Voast, County Building Randy Johnston, County Surveyor Don Wiley, County Public Works Greg Borton, Wy'east Rural Fire Protection District Ralph Lane, Jr., Odell Sanitary District Bob Duddles, Crystal Springs Water District Karen Swirsky, Oregon Department of Land Conservation & Development Rod French, Oregon Department of Fish & Wildlife Jackie Ray, Oregon Department of Environmental Quality John Buckley, East Fork Irrigation District Scott Franke, Hood River Valley Residents Committee Anne Saxby, Hood River Soil & Water Conservation District Mike McElwee, Port of Hood River Gary & Linda Bloom, Property Owners James Klein, Surveyor, Applicant Adjacent Property Owners Property Owners of John Weber Business Park

From: Josette Griffiths, Senior Planner

Re: Bloom Comprehensive Plan & Zone Change (P-12-0129) and Minor Partition (P-12-0130)

Request: Gary Bloom owns a parcel (2N 10E 27A, Tax Lot 1300) that is zoned Rural Residential (RR1/2). He and his wife, Linda Bloom, acquired adjacent property from the Port of Hood River, in the form of three separate tax lots (2N 10E 27A, Tax Lots 1918, 1919, and 1999), which are all zoned Light Industrial (M2); two of those tax lots are described as "Tracts A and B" of the John Weber Business Park. Gary and Linda Bloom, the applicants, propose to re-plat a portion (Tax Lots 1918, 1919, and 1999) of the John Weber Business Park Subdivision by adjusting all of the property referenced above (including Tax Lot 1300) into 2 parcels and rezoning it. Together with their application for a Comprehensive Plan and Zone Change (P-12-0129), the Blooms have applied to divide (P-12-0130) the subject property into two parcels, so that the proposed western parcel (0.64-acre) would be zoned completely M2, and the proposed eastern parcel (0.63-acre), which has an existing single family dwelling and shop on it, would be zoned completely RR1/2. [See attached applications for more information.]

Attachment A 3 Property Location: The subject tract is located at the northwest corner of Eagle Loop and Odell Highway. The property is further described as: 2N 10E 27A, Tax Lots 1300, 1918, 1919, and 1999. [See enclosed vicinity map.]

Zoning: Currently, 2N 10E 27A, Tax Lot 1300 is zoned Rural Residential (RR1/2), and Tax Lots 1918, 1919, and 1999 are zoned Light Industrial (M2). McGuire Creek, which crosses both Tax Lots 1300 and 1918, is zoned Stream Protection Overlay (SPO).

Applicable Criteria: The above-referenced applications will be reviewed pursuant to Article 15 (Rural Residential Zone), Article 18 (County Subdivision Ordinance), Article 32 (Light Industrial Zone), Article 60 (Administrative Procedures), Article 72 (Planning Director's Review Procedures) of the Hood River County Zoning Ordinance; the Hood River County Comprehensive Plan; as well as applicable Statewide Planning Goals, Oregon Revised Statutes, and Oregon Administrative Rules.

Response: Comments regarding these applications must be received by County Planning by 5:00 p.m., Friday, October 12, 2012, in order to be incorporated into the staff report to the County Planning Commission. However, written or oral comments may be provided at the hearing itself. (At least 10 copies should be provided for written comments submitted the night of the hearing and the amount of time given for oral testimony will be limited.)

Hearing Date: The Planning Commission hearing is scheduled for Wednesday, October 24, 2012 at 7:00 p.m., or shortly thereafter, in the Board of County Commissioners' Conference Room (1 St Floor) of the County Business Administration Building at 601 State Street, Hood River, Oregon.

Hearing's Procedure: Failure of an issue to be raised at the hearing, in person or by letter, or failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeal (LUBA) based on that issue.

Available Information: If you would like additional information regarding these applications, please contact Josette Griffiths, Senior Planner, at the Hood River County Planning Department at (541) 387-6840. The applications and supporting documents are available for review at County Planning at no cost or copies may be purchased at 0.25¢ per sheet. A copy of the staff report will be available for inspection or purchase at least seven days prior to the hearing.

NOTICE TO MORTGAGEE, LIEN HOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER.

Attachment A, 200 400 Feet NE 1/4 SECTION 27 TO2N R1OE WM 02N 10E 27 A THIS MAP WAS PREPARED FOR 0 100 ASSESSMENT PURPOSE ONLY l/ 1 1 l 1 1 I HOOD RIVER COUNTY CANCELLED NOS. 501 900 901 1301 1302 1901 1902 1903 1915 2002

22 SEE MAP 02N 10E 22DC SEE MAP 02N 10E 22D0

2500 2400 .."' T;UMMIT 2200 2103 3000 F 2900 k \•DR. 1 2101 2100 2 100 0.31 AC. 0.43 AC. 0.43 AC. 2300 0.90 AC. 27 0. 45 AC. Ae. 0.91 AC. crr AC. CS 02037 20 9p k 25.05 AC.

CS 20014

01, 22.c.

nor

2001 4001 9.22 AC. 00.50 40 500 sLook 0 03 AC.

~ c501050 t 700 co' a.79 10 2003 1 04 AC. cot tam /um AC. pAK•rrricmL

20 106 2VA,

TAX co ;;HERONMM °`• DR.. 1900 r! CS 52002

1300) MT. HOOD RAILROAD 2 CS 543 " -i9714 AC. lilt Co

1914, CON. SEC. SEE MAP 02N 10E 27D

Revised CMS 8/30/2006 02N 10E 27 A

v un o uq t

a 0.24 AC.

. lu 1300 e 00 128'

GS-94035 0.86 AC. N89 °05'44"W \\,2 9 v

103.65' uJ '1101 10 89°06'49"E CD 0.39 AC. 37.13' 1918 0 co 1999 200 ' 1%.14 se. B7°3 1.1. ODc - I 0 44 55.66' 'f 057, Mc+ 1 06)„ 119.85' c(' S831 10:t.4;' N88°'253741' 809°36'17W 46'17' irmitp p. 4 244 .k41 •it. ul!'"wftw2ww. •- 185.39' II err a c A) 1917 12 1112 13 10 r 173.09' S89°11'50"E 242; 8e-- > ) 174.84' NMI II= MN BLOOM ZN 106 21/4, TA % tams 1300, miss mrt mck 2N 10E 27A, Tax Lots 1300, 1918, 1919, & 1999 Existing Zoning

1200 2

1300

1904 RR-1/2 1101 SEI9'25.30"E 1102 7. 1400 CO.\ c3

1400 S89'32'50"E 1500 o 1300 \ :2 1500 PAR S89'3750"E 120.0!

1600 c, 1600 E O EAGLE LP z ;R-1 7500z N —1 \ N it \ 1700 o \ C) \ o \ .9 ,N 1700 NI CD 1914 _7 i., 1800 1916 M 2 ilk-- -1800-- — 1917 C ::

, 1/4.1 \ 491900 1900 C ▪

5 09'013'27 * Vi 277.53' - •- • 11-1 58.12',58.50R2 , 30.01' EXHIBIT 91.97' 117.97' I EXISTING PARTITION 11.78TO8R2 BOUNDARY LINE ADJUSTMENT AND ZONING 1.O AE AND ZONE CHANGE T 9928 /2 CHANGE In ' NE 4,1 SECTION 27, T. 2 N., R. 10 E., W.M. III co,1"'` CS NO. 94035 TAX LOT 1107 TAX LOT 1101 COUNTY OF HOOD RIVER, STATE OF OREGON TAX LOT 1100 2N 10E 27A TAX LOT 1300, 1999, 1919 & 1918 S SHOP LEGEND (D .tosE. 3.0' 4.40' 10.8' O SET 5/8' X 30' REBAR W/ YELLOW PLASTIC CAP (KLEIN & ASSOCIATES OR 59002) 30 01 R2 / • • FOUND 5/e MAR W/ YELLOW PLASTIC CAP (MARK W&H PACIFIC, CS NO. 90035) ,Z• 37.16 FD / / ,/ / \.` 37.13A1* ,/ /,/ / 2 FOUND REBAR W/YELLOW PLASTIC CAP N 89'3'45' E (DEC SURVEWNG, CS NO. 87033) ',SET BACK / FOUND REBAR W/YELLOW PLASTIC CAP 9241CR101- W • / / S, (PHILIP J. LARSON, CS NO. 94035) 00 , 2- 3'50 3 ,S1 FOUND 9fi" REBAR W/YELLOW PLASTIC CAP 107.99.0„,1 (KLEIN & ASSOCIATES OR 59002 CS NO. 2011033) -J ANGLE POINT, NOT MONUMENTED TRACT 'ErJOHN WEBBER • BUSINESS PARK s • 1,3 RM REFERENCE MONUMENT 119.96' O NI36.30'56"W CS NO. COUNTY SURVEY NUMBER — • • • "/ .../1/ ' / ".// "/ "N "13919 (4.2 C E244.39 t// 30.09' FD FOUND DATA BASIS OF BEARING A% LOT 1998•,, (100.50') PLAT DISTANCE .5141 FD de‘R RI JOAN WEBER BUSINESS PARK. CS NO. 90035 5 0719'23" PERFORMED BY, WILSEY & HAM PACIFIC INC. 0 0' 4Ct; WEE!Fgrt. EAGLE LOOP SPA - — - RICHT-OF-WAY A LOT 1 COMPUTED CENTERLINE

S E1023.42: E - EDGE OF EASEMENT - - — - - — - - — - - .377.98'po CENTERLINE OF CREEK

10.00 . EXISTING/PROPOSED RR I) ZONE UTILITY EASEMENT, AS PER THE PLAT OF JOHN WEBER BUSINESS PARK c..05 EXISTING/PROPOSED 0-2 ZONE

AREA AND ZONE CHANGE TABLE 22" W 277.53' S 80'08 . TAX LOT ZONE ORIGINAL AREA NEW AREA NEW ZONE 1300 RR-1/2 37.256./- SOFT 27,3670/- SOFT RR-I/2 56.12'.56.5092 \ 30.01' 9 1 .97 117.87' 1910 9-2 , 11,4550/- SOFT 27 61340/- SOFT 9-2 PROPOSED 1999 0-2 3,5690/- SOFT

1919 M-2 I 2.772.3./ - SOFT

PARTITION AND °FO 6 PARCEL 1 wi 1°4 OF PARTITION PLAT 9928 ZONING CHANGE as Wlm 9Y. CS NO. 99101 cos,,Lo REFERENCED DEEDS TAX LOT 1904 elm " E CS NO. 94035 WARRANTY DEED NO. 972327 TAX LOT 1102 TAX LOT 1101 ml '55 TAX LOT 1100 Piles '37 REFERENCED SURVEYS SHOP S 00 I RI) JOHN WEBER BUSINESS PARK. CS NO. 90035 PERFORMED BY, WILSEY de HAM PACIFIC INC 3 °4 4, 109' R2) PARTITION PLAT 9929, CS NO, 99101 N 89138'22' E 505,46%502.93722 0041 PERFORMED BY TERRA SURVEYING G.* 202.13%199.2902 30.01'02 R3) COUNTY SURVEY NO. 94035 BY PHILIP J. LARSON RA) COUNTY SURVEY NO. 07033 BY OLC SURVEYING ,„ :6'sFs13 %•\ 7,///, ■• ■•, s•‘ \:,■ : sasz /a• ///,',//./// // s CR 411

_ O REGISTERED 0 40' PROFESSIONAL • s •*z ;;,.; • 7/, 40' SO' N86'30' 56"W • LAND SURVEYOR N 88'35'53• 24..3g.// /7// // 30.09 PD //'/ // // /,),,Bv942(/./ e//E, 5 / BASIS \V- ss \\\‘,\‘ SCALE - FEET OF BEARING S 80•26.03• E N8630'56'W 224.48' /,7/.../.s85.4:;•( - 4/E' 2:4114S4,4 /:. 1,, / OREGON / TRACT 15;/7 / JULY 2, 2003 1..53.41" "A'.. :1,04,1,1..WF:EltiEFI / S BUSINESS / JAMES M. KLEIN EAGLE LOOP ' PA // BASIS OF HEARINGS 81374.16• E 214.89 F0,214.8591 16476/ / ' ' 4/7/5 590°2 PLAT OF JOHN WEBER BUSINESS PARK EvrAres 6-25-2013 1 CS NO. 90035 S BO*2„14,1:1E 312.913)7, .c? SURVEY PERFORMED FOR. LUJTTE-FIEDWZ -2-- GARY BLOOM SE RIVER COUNTY, OREGON 000o OWNER DATE OF MONUMENTATION tom. T ----- 1/4 SEC T R — — — _ _ CARRY BLOOM JULY 29. 2012 UTILITY EASEMENT. AS PER THE — — _ 1 A' PROJECT 12-06-12 PLAT OF JOHN WEBER BUSINESS PARK 27A 2N. TOE. FILE: 120612,DWC KLEIN & ASSOCIATES, MAKES NO WARRANTY AS TO MATTERS OF DRAFT. GEM UNWRITTEN TITLE, ADVERSE POSSESSION, ESTOPPEL, ACQUIESCENCE.

ADMINISTRATIVE LAND USE APPLICATION HOOD RIVER COUNTY COMMUNITY DEVELOPMENT 601 State Street PLANNING Hood River, OR 97031 File No.: p -1J-6 MICHAEL BENEDICT, DIRECTOR Date received: jc1 //(2._ PHONE 541-387-6840 FAX 541-387-6873 Date issued: [email protected] Application Review Fee $ TYPE OF LAND USE PERMIT: Dwellings: Conditional Use:

❑ Farm Operator Dwelling ❑ Non- Farm Dwelling Qi Minor / Major Partition e--1)---013°

Income Acreage ❑ Dependent Relative Dwelling ❑ Subdivision

❑ Relative Farm Dwelling ❑ Home Occupation ❑ Planned Unit Development

❑ Accessory Farm Dwelling ❑ Bed and Breakfast l2' Plan and Zone Change e- la- °tact ❑ Farm Lot of Record ❑ Zone Boundary Adustment ❑ Forest Template Dwelling Other: ❑ Comprehensive Plan Amend. ❑ Forest Large Tract Dwelling ❑ Variance ❑ Forest Lot of Record ❑ Property Line Adjustment El ❑ Forest Replacement (relocated) ❑ Non- Ministerial PLA

SITE INFORMATION: 1 3.=0,15/2l, '919 099 Township: „q N Range: 10£ Section: Tax Las". do„,ve Parcel size: ac. Zoning: -Ke, A Address: City: 1-10,3,1 Site 0 o4c II kA LIU y 1-1ccD "R;o2c °R. ;00c Description of Proposed Development or Use: Ihe pwcp.5t (DC S+ ck 7 oh t

t)v) cr.Taa Lots 13 0, :WE:, 19/ 9 1 1 ??7- I wk./ n-t /3 .Do ;s U CtAVY- errtly ZC , P (7N9N.Y. rj lnms4. 1cu- 1_11- I71% I??, 1 S C u rrevt-t- tIZ c, - vA71-10 cleverce 4 -t- . APPLICATION CHECKLIST: Unless otherwise noted, the following information is required as part of a complete application:

❑ Completed application form ❑ Project description ❑ Applicant/ALL Property owners' signatures ❑ Applicable criteria form / questionaire ❑ Site Plan - per attached example ❑ Supporting documents (farm income, etc.) ❑ Filing Fee Only applications with the required information can be processed. Obtain a copy of the criteria and the questionnaire for your application type. The pertinent Hood River County Zoning Ordinance sections may be obtained from Hood River County Community Development or on-line through the county website at www.co.hood-river.or.us Pursuant to Oregon Revised Statutes Chapter 215, Section 427, this department has 30 days to review the application for completeness and notify the applicant of any deficiencies.

SIGNATURES: All Owners must sign (Corporate or LLC owned parcels require authorized signatures) Owner Name: L d Owner Name: Jf, Vab).-001L de3(od1 yitht 3(66 4/1 Signature req'd triaccqt., Z Signature req'd 0e4„,,,,_ Mailing Address: Ar Sig 04 e l) l-IL4dy Mailing Address: 31 4D Odell htuy City: t-loc.,d very State: 0 IQ Zip: ?<33 City: 1-40,, "R; State: e Zip: 2 7Q3) E-mail: Phone:990 (09 -mail: Phone: Applicant if other th -S_ By signing, I acknowledge that the information provided in this application is accurate to the best of my knowledge. Signature req'd Signature of the property owner(s) indicates that the property owners(s) Mailing Addre Lin 131 , . is/are aware that an application is being made on the subject property. Signature of the property owner(s) also authorizes the County planning City: 1-L d...TR ;Vic- State (:)e,_ Zip: )03 / staff reasonable access to the site in order to evaluate the application. Phone: Se_)/ -352‘ •3 z.4 E-mail: e‘ciSSOC

5141 itt 2010 Administrative Land Use Application It Attachment A, 9 (c ICA Klein & Associates, Inc. Engineering / Land Surveying /Planning

1411 13TH STREET, HOOD RIVER, OREGON 97031 / (541)386-3322 / FAX (541)386-2515 / www.kleinassocinc.com

Project Description

Date: September 13, 2012

Subject: Zone Change and Partition supporting information

From: James Klein, Klein & Associates, Inc C/o Gary Bloom

To: Hood River County Planning Department

The purpose of this letter is to provide supporting information for a partition and zone change on Tax Lots 1300, 1918, 1919 and 1999 of Hood River County Assessor map 2N 10E 27 A. Tax Lot 1300 is currently zoned RR1/2, Tax Lots 1918, 1919, and 1999 are currently zoned M-2. It would be in the public's best interest to allow the partitioning and zone change of said tax lots, as it would allow the best use of land by remaining consistent with the current zoning and adhering to the county's goals, policies and strategies.

The purpose of this partition is to modify the current configuration, consisting of 4 separate and individual tax lots into 2 separate parcels as shown on the attached exhibits. The proposed common line will run in a north-south direction, 20.00 feet westerly from an existing garage currently located on tax lot 1300. The partition will provide the most usable area for each tract and will provide ample area in the M-2 and RR1/2 zone for each parcel. At this time the lots are not being used at optimal level.

The purpose of the zone change is to modify the existing zone of M-2 zone, on tax lots 1918, 1919 and 1999, to proposed parcel 1; and the existing zone RR1/2 on tax lot 1300 to proposed parcel 2. Tax Lot 1918 is described as Tract "A" and Tax Lot 1919 is described as Tract "B" of the John Weber Business Park. The surrounding lots, within said subdivision, lying westerly and southerly of said Tax Lot 1918 and 1919 are currently zoned M-2. The land lying northerly and easterly, of Tax Lot 1300, is currently zoned RR1/2.

As stated in the County's goal 5-Open space, Scenic and Historical area and Natural Resources, you will find that this project will have no impact on said resources. This project has no scenic or historical areas within its boundary and no natural resources will be used or harvested. There is currently a stream protective overlay (SPO) on McGuire Creek, with a 50 foot buffer from the centerline of said creek. McGuire Creek, which runs northerly through Tax Lot 1918, offers little to no usable area, after applying the 50 foot buffer on Tracts "A" and "B". The SPO, which is in place on Tax Lot 1918, already

Attachment A , 10 has restrictions that conserves and preserves fish, wildlife and habitat and provides for water quality regulations. This project will not impose any additional burdens on the lands which are not currently in place as this time.

As stated in the Counties Goal 6-Air, Water and Land Resource Quality Policies, this project does not foresee any water quality and air quality issues.

As stated in the Counties Goal 9-Economy Development, proposed Parcel 1 would have direct access to Eagle Loop with a direct connection to Odell Highway. Proposed Parcel 2 has an existing home site, sighted in the center of said parcel , which is currently serviced by a driveway with direct access to Odell Highway. Proposed Parcel 1 will access approximately 300 feet westerly from the intersection of Eagle Loop and Odell Highway. Said access point will allow for good site visibility for pedestrians and oncoming traffic and eliminate any dangerous intersection or traffic congestion while providing for one turning movement onto Odell Highway. Proposed Parcel 1 storm drainage plan will be consistent with other lots within the John Weber Business Park, and at the time of development applicant will consult with an engineering firm to address the best practices of managing storm water and drainage issues. Proposed Parcel 2 currently has an existing home site and has been handling its own storm water. We see no significant impact onto the storm water detention and will not burden any system. The project site is within 1/4 mile of a population center, the town of Odell. The project is consistent with the surrounding area with current zoning of M-2 and RR1/2; along with being consistent with the surrounding lot sizes. No building is proposed at this time, but any building that may occur in the future will not build within the 100 year flood plain or the 50 foot creek setback overlay. This project foresees the potential for future growth of manufacturing and retail industries and would provide job opportunities for Hood River County.

As stated in the Counties Goal 12-Transportation, this project provides access to a main traffic corridor, Highway 282-Odell Highway. Odell and surrounding areas provide many collector roads that connect Highway 282 to Highway 35 and the rail system. As per the current county's transportation plans in this area, the highways/rail traffic is available to support the current needs of the surrounding area and this project.

As stated in the Counties Goal 14-Urbanization: Urban Growth Area Management Policies and Procedures, this project keeps consistent with the County Land Use Ordinances. We are requesting that the current configuration of the RR1/2 and M-2 zone be modified to make better use of the current parcel configuration. This project does not foresee any changes onto the urban growth management policies.

Attachment A, 31021 3106 700 302 2102 N

1030 1028

3201 '400

500 \ 1632 1033 1027\ 600 1026 SEE MAP 2001 1034 1025 1035 3600 102? 2300 R-1 7500. __ 1922 //,(////, , 4 1037, 1019 2003/ - \\_1016 800 — 37041 3705 J 2000 r S'C , \is i , , , 10381 s;.1,0k1 /////1 1///////// 2200 1017 1018 11015 101'4, 1„ I ,,, 1023r/1,01361 )V71:16ff/Vonu,,,u,..c>< I I , ,,,,,/,,,,, v,,,,,,,,„ 2N 10E 27A I i 11000 ' 2001 00 2422 2421 ; I i \r7600! 4 MUD ALLEY-DR I 1 I CEDAR DR 202 rnn 2404 2405 4800 4900 7500 1 1 /17/3/03i, 3900 5001• //2"470_ /93 4700,6000 5700 n )., 5600 -1- 1 - 4600--5110. 5400 6-B 5300 5500 1911 44001 6000 5900 43'00.1 CHEVRON DR >/

: 1 7100, 6800 6700 6100 -- f -- ‘--1 ' 1 i 1 ‘ ., I , 4200 I 700,0 '6600Z6200 , q ' 1 \ 6300 ;I I I ‘.64.0.0 7200 '1 \6500 I I 100 riglei% 4//,'" M-2 M-2

300 201

Bloom P-012-0129 & P-12-0130 Plan/Zone Chng & Partition 2N 10E 27A, 1300, 1918, 1919, 1999 RR1/2 & M2 Attachment A,13

MAPNUMBER TAXLOT OWNER M_ADDRESS M_CITY M_S- ZIP 02N10E27A 1101 BLOOM, GARY D 3190 ODELL HWY HOODRIVER- O-R 97031 02N10E27A 1102 BLOOM, GARY D 3190 ODELL HWY HOOD RIVER OR 97031 02N10E27A 1918 BLOOM, GARY D & LINDA K 3190 ODELL HWY HOOD RIVER OR 97031 02N10E27A 1-94-9 BLOOM, GARY D & LINDA K 3190 ODELL HWY HOOD RIVER OR 97031 02N10E27A 449-9 BLOOM, GARY D & LINDA K 3190 ODELL HWY HOOD RIVER OR 97031 02N10E27A 1300 K-0-0-PAGARY-D-&-S-HARGLN-L 3190 ODELL HWY HOOD RIVER OR 97031 02N10E26BC 1800 BROCK, RICHARD E PO BOX 460 ODELL OR 97044 02N10E26BC 1200 DE LA TORRE, JUAN & YOLANDA 3199 ODELL HWY HOOD RIVER OR 97031 02N10E27A 1920 ERNEST & GODFREY, LLC PO BOX 401 ODELL OR 97044 02N10E26BC 2500 FARIAS, DANIEL C & GERALDINE R 3182 NEAL MILL RD HOOD RIVER OR 97031 02N10E26BC 1700 HEACOCK, WALTER L & ELFRIEDE E TR'S 1990 8TH ST HOOD RIVER OR 97031 02N10E27A 1912 HOGG, FREDRICK NEIL ET AL TR & DIANE LYNN 6200 BILLINGS ROAD MT HOOD PARKDALE OR 97041 02N10E26BC 2600 HOLYOAK, TIM L & KELCY L 3460 WHITTEN RD HOOD RIVER OR 97031 02N10E27A 1911 HOOD RIVER SUPPLY ASSOCIATION PO BOX 209 HOOD RIVER OR 97031 02N10E26BC 2700 HUNTING, WINDI PO BOX 1141 HOOD RIVER OR 97031 02N10E26BC 1100 LARSEN, ALLEN D & ALETHIA L 3191 ODELL HWY HOOD RIVER OR 97031 02N10E27A 1904 LOGDSON, JEANNETTE E PO BOX 401 ODELL OR 97044 02N10E26BC 1600 MC CONNELL, CRAIG E ET AL & BOADWAY, S 3233 ODELL HWY HOOD RIVER OR 97031 02N10E26BC 1400 MORGAN, JOHN C & HAZEL 3215 ODELL HWY HOOD RIVER OR 97031 (42-41-0E-2-64K 1500 MORGAN, JOHN C & HAZEL 3215 ODELL HWY HOOD -RIVER OR 97031 02N10E27A 1100 MURRAY, MICHAEL T & BARBARA J 3180 ODELL HIGHWAY HOOD RIVER OR 97031 02N10E27A 1200 MURRAY, MICHAEL T & BARBARAJ 3180 ODELL HIGHWAY HOOD RIVER OR 97031 02N10E26BC 1900 PACHECO, JIMMY & LISA 3253 ODELL HWY HOOD RIVER OR 97031 02N10E26BC 2000 PETERS, BETH A 3263 ODELL HWY HOOD RIVER OR 97031 02N10E27A 1900 PORT OF HOOD RIVER 1000 E PORT MARINA DR HOOD RIVER OR 97031 02N10E27A 1916 POWER COMMERCIAL PROPERTIES, LLC PO BOX 118 HOOD RIVER OR 97031 02N10E27A 1914 POWER DESIGN, INC PO BOX 147 ODELL OR 97044 02N10E26BC 1300 SHEIRBON, JOSEPH C & JOSEPH W 4296 SUMMIT DR HOOD RIVER OR 97031 02N10E27A 1917 VANCO ENTERPRISES INC PO BOX 2155 WENATCHEE WA 98807 02N10E27A 1300, 1918, 1919, 1999 02N10E26BC 1800 02N10E26BC 1200 BLOOM, GARY D & LINDA K BROCK, RICHARD E DE LA TORRE, JUAN & YOLANDA 3190 ODELL HWY PO BOX 460 3199 ODELL HWY HOOD RIVER OR 97031 ODELL OR 97044 HOOD RIVER OR 97031

02N10E27A 1920 02N10E26BC 2500 02N10E26BC 1700 ERNEST & GODFREY, LLC FARIAS, DANIEL C & GERALDINE R HEACOCK, WALTER L & ELFRIEDE E TR'S PO BOX 401 3182 NEAL MILL RD 1990 8TH ST ODELL OR 97044 HOOD RIVER OR 97031 HOOD RIVER OR 97031

02N10E27A 1912 02N10E26BC 2600 02N10E27A 1911 HOGG, FREDRICK NEIL ET AL TR & DIANE HOLYOAK, TIM L & KELCY L HOOD RIVER SUPPLY ASSOCIATION LYNN 3460 WHITTEN RD PO BOX 209 6200 BILLINGS ROAD HOOD RIVER OR 97031 HOOD RIVER OR 97031 MT HOOD PARKDALE OR 97041

02N10E26BC 2700 02N10E26BC 1100 02N10E27A 1904 HUNTING, WINDI LARSEN, ALLEN D & ALETHIA L LOGDSON, JEANNETTE E PO BOX 1141 3191 ODELL HWY PO BOX 401 HOOD RIVER OR 97031 HOOD RIVER OR 97031 ODELL OR 97044

02N10E26BC 1600 02N10E26BC 1400 & 1500 02N10E27A 1100 & 1200 MC CONNELL, CRAIG E ET AL & BOADWAY, MORGAN, JOHN C & HAZEL MURRAY, MICHAEL T & BARBARA _I S 3215 ODELL HWY 3180 ODELL HIGHWAY 3233 ODELL HWY HOOD RIVER OR 97031 HOOD RIVER OR 97031 HOOD RIVER OR 97031

02N10E26BC 1900 02N10E26BC 2000 02N10E27A 1900 PACHECO, JIMMY & LISA PETERS, BETH A PORT OF HOOD RIVER 3253 ODELL HWY 3263 ODELL HWY 1000 E PORT MARINA DR HOOD RIVER OR 97031 HOOD RIVER OR 97031 HOOD RIVER OR 97031

02N10E27A 1916 02N10E27A 1914 02N10E26BC 1300 POWER COMMERCIAL PROPERTIES, LLC POWER DESIGN, INC SHEIRBON, JOSEPH C & JOSEPH W PO BOX 118 PO BOX 147 4296 SUMMIT DR HOOD RIVER OR 97031 ODELL OR 97044 HOOD RIVER OR 97031

02N10E27A 1917 VANCO ENTERPRISES INC PO BOX 2155 WENATCHEE WA 98807

Attachment A,Pi-

1.04 AC I 4.0290 A c (1.)1 Olil‘r1744„ i I 4D. 112 HOMESTEAD .20 ° 41E... 3705 DR722 --20100-4 3704 io 3705 2001 2003 /I 0.64 AC I .c 0.50 AC - 0.67 AC 1 000 ,,,,,,, 1 .1 16' 5•AVM.PAN T .• 1. • .• 216 M R.1 !, PAR.2 76223' P.3 0.45 AC \ .e ,20 87' 589. 22531E 1100 11 165 72.03 AC 1100 52' 641 9 r,) CS 549 c:4 CS 87033 u, 0 2300 1900 7; Z07 01 ,12(4RARc -1 / 2 1000 900 800

P1 1300 r 736 54:9 7::1:0 1 288,4 14 0.86 AC ~ N89,10059'44.1 7,v ,56 , 1766L., - MUD ALLEY DR

619106491E • „ 0.39 AC

• ‘L:'1 1999". 4101 E .3),„ . 0.06 AC I noo 3000i 5 66 3900

1,14 $4. 88. 3100 \ 2901 999 1700 3300 1800 2400 3606

3700 2000 \ - I _ .! . _ __I 3800 HOOD RAILROAD - 2100 \SEE MAP 02N 10E 26BC CS 543 ODELL HWY-

8 2 1400 2500 i 1" I (.-- 0.40 AC I 9.82 AC I 2 ■ 372 di 7100rl _.) 1 ii ■Li 3 5 222 48' --- ", I 1500 11 1 1 0.45 AC VACATED, r' I 0547.283) g- 13 i I \.)1 11 , 4200 141391 35E 222 42' it: 14 8. 0 .1 la 10 1600 :---,. 0.76 AC -°' PI

1600 1 I mat. PONT 155) 7200c-- 'sic) 2448 6 DEED 0700 SEE MAR02N 10E 27A 4 COR. \ "r" .4 18:1 2092641 dB' 0.13 AC c1;.:1439 19, 880' (060') T 8• JOHN Ke 744/44eik 1 4 / '71 ' -e,.;e sf i,4/ CD SEEM P 02N 10E 27D WEBER BUSINESS PARK '9 5' 15 201 100\ 2500 ti 0.82 AC 60' 9.96 AC 2500 M -2 \100 300 ce 201 6900 \S\()\\ 4 t' 00'S ■

Webber Business Park Owners Attachment A , j6

MAPNUMBER TAXLOT OWNER M_ADDRESS M_CITY M_ST ZIP 02N10E27A 1922 BENSON, ERIC & BALL, DANNY 2149 W CASCADE #106A-114 HOOD RIVER OR 97031 02N10E27A 1908 BIG TREE PROPERTIES, LLC 3875 HERON DR #300 HOOD RIVER OR 97031 02N10E27A 1918 BLOOM, GARY D & LINDA K 3190 ODELL HWY HOOD RIVER OR 97031 02N10E27A 1919 BLOOM, GARY D & LINDA K 3190 ODELL HWY HOOD RIVER OR 97031 02N10E27A 1923 COCHRAN DONALD F 1381 TUCKER RD HOOD RIVER OR 97031 02N10E27A 1920 ERNEST & GODFREY, LLC PO BOX 401 ODELL OR 97044 02N10E27A 1910 HOGG, FREDRICK N & DIANE L, TR'S 6200 BILLINGS RD MT HOOD PARKDALE OR 97041 02N10E27A 1912 HOGG, FREDRICK NEIL ET AL TR & DIANE LYNN 6200 BILLINGS ROAD MT HOOD PARKDALE OR 97041 02N10E27A 1907 HOOD RIVER COUNTY 601 STATE HOOD RIVER OR 97031 02N10E27A 1911 HOOD RIVER SUPPLY ASSOCIATION PO BOX 209 HOOD RIVER OR 97031 02N10E27A 1904 LOGDSON, JEANNETTE E PO BOX 401 ODELL OR 97044 02 N10E27A 1800 MUENZER, CHAD 2880 BEAR RIDGE DR HOOD RIVER OR 97031 02N10E27A 1900 PORT OF HOOD RIVER 1000 E PORT MARINA DR HOOD RIVER OR 97031 02N10E27A 1909 PORT OF HOOD RIVER 1-080-E-PORT-MARINA-D-R HOODRIVER- OR 97031 02 N10E27A 1916 POWER COMMERCIAL PROPERTIES, LLC PO BOX 118 HOOD RIVER OR 97031 02N10E27A 1913 POWER DESIGN, INC PO BOX 147 ODELL OR 97044 02N10E27A 1911 POWER-DEBIGNING PO BOX 147 ODELL OR 97011 02N10E27A 1921 S & D BUILDING, LLC 3409 BROOKSIDE DR HOOD RIVER OR 97031 02N10E27A 1917 VANCO ENTERPRISES INC PO BOX 2155 WENATCHEE WA 98807 02N10E27A 1905 WILBUR-ELLIS COMPANY 16300 CHRISTENSEN RD STE 135 SEATTLE WA 98188 02N10E27A 1-906 16300 CHRISTENSEN RD STE 135 SEATTLE WA 08188 02N10E27A 1922 02N10E27A 1908 02N10E27A 1918& 1919 BENSON, ERIC & BALL, DANNY BIG TREE PROPERTIES, LLC BLOOM, GARY D & LINDA K 2149 W CASCADE #106A-114 3875 HERON DR #300 3190 ODELL HWY HOOD RIVER OR 97031 HOOD RIVER OR 97031 HOOD RIVER OR 97031

02N10E27A 1923 02N10E27A 1920 02N10E27A 1910 & 1912 COCHRAN DONALD F ERNEST & GODFREY, LLC HOGG, FREDRICK N & DIANE L, TR'S 1381 TUCKER RD PO BOX 401 6200 BILLINGS RD HOOD RIVER OR 97031 ODELL OR 97044 MT HOOD PARKDALE OR 97041

02N10E27A 1907 02N10E27A 1911 02N10E27A 1904 HOOD RIVER COUNTY HOOD RIVER SUPPLY ASSOCIATION LOGDSON, JEANNETTE E 601 STATE PO BOX 209 PO BOX 401 HOOD RIVER OR 97031 HOOD RIVER OR 97031 ODELL OR 97044

02N10E27A 1800 02N10E27A 1900 & 1909 02N10E27A 1916 MUENZER, CHAD PORT OF HOOD RIVER POWER COMMERCIAL PROPERTIES, LLC 2880 BEAR RIDGE DR 1000 E PORT MARINA DR PO BOX 118 HOOD RIVER OR 97031 HOOD RIVER OR 97031 HOOD RIVER OR 97031

02N10E27A 1913 & 1914 02N10E27A 1921 02N10E27A 1917 POWER DESIGN, INC S & D BUILDING, LLC VANCO ENTERPRISES INC PO BOX 147 3409 BROOKSIDE DR PO BOX 2155 ODELL OR 97044 HOOD RIVER OR 97031 WENATCHEE WA 98807

02N10E27A 1905 & 1906 WILBUR-ELLIS COMPANY 16300 CHRISTENSEN RD STE 135 SEATTLE WA 98188

Attachment A, /7

901383

JOHN WEBER BUSINESS PARK FOUND N 1/4 COR. SECTION 27 LOCATED IN THE N.E. 1/4 OF SECTION 27 AND N.W. 1/4 OF SECTION 26, N 89'25'19' E 22,11-- - FOUND ne, BRASS DISK TOWNSHIP 2 NORTH, RANGE 10 EAST, W.M. PARALLEL to THE NORTH 2644.65 27 TAXUDT Tutor UNE OF SECMCN 27) HOOD RIVER COUNTY, OREGON 2001 2003 2002 SEE DETAIL' MAY 9, 1990 N 8925.1i" E 559.15' PREPARE() BY: BASIS OF BEARING 50 FT. BUILDING SETBACK WILSEY & HAM PACIFIC INC. CALCULATED 8 1099 S.W. COLUMBIA STREET FROM BISHOP PORTLAND, OREGON 97201 LOT 7 SURVEY 2 HELD EAST 1/4 E014. (503) 227-0455 130,554 sq. ft S 89'06'49' W TOP OF BANK SECTION 27 JOB NO. 4-390-0201 3.0 acres 2647.29 WWI 1100 2300 s 7 DETAIL ark 3 NTS NOTES: ,44 TRACT 'A" xt-;. EASEMENT -I OWNER: PORT OF H000 RIVER F, PURPOSE: LANDSCAPING TOP OF BANK / I Nc° S 8214'04/E 4' MAJNTAINED BY: PORT OF HOOD RIVER 57.49 ' \ FD 5/8' IR I . LOT 8 Ii TRACT 'B' N 2.26') 133.305 sq. ft. .e.?° 3.06 acres OWNER: PORT OF HOOD RIVER ° N 87'37'17' E I I- PURPOSE FUTURE USE TRACT 13" 55.88' 11,409 sq. IL MAINTAINED BY: PORT OF HOOD RIVER 4 FD. 5/0'IR W/RPC "LS 896" 84'08'44' N 00'30'25" W 0.26 acres . 49. 42.05' S 0895'38" E POWERUNE DESCRIBED IN BOOK 46. PAGE 153 ,126.4 5 00'33'32" 81.17' 55.91' I ~ IS TO BE VACATED AND REPLACED BY NEW S 54'04'08" E FD 5/8" IR 10 A" EASEMENT AS SHOWN. r 29.37' TRACT * L 56.61' FD. 5/8' IRI.Vsl/CC, I 2,79.1 sq. ft. LOT LI 06' 1- 104.42' 0.06 acres 156,189 sq. ft. S 09'36'17' W 4.88' 83'415111 S 30'03'44" E 415.95 0 -6, 1.29 acres 53.4 ' E 4.13 22:4 6‘,G7: 244.84 • ', 4' 8 °D' - _3_0,4415 50 'TT LOT 5 5,„11.1- SCALE: 1'■ 100' 'Mg°. "FL - r- --,29.58._____ L-37.1 4703 ".". 47.501 sq. ft.°, D 51.4n 1.09 acres .L = 0.20 ; 4flg Ty 3 -146.60"--,.....e.,1 L 42.10' AS TAX tel ' / LOT 9 cs d LOT 10 3900 L - 19.57' '1 wy 39.1L51347 s1q2 f t. / //LOT 4 "-- L 12.08' / 29.198 sq. ft. r, 33,278 sq. ft. PI .4.r..li 24,99341 s1q3. MO . R45.00' - 97,485 sq. ft I 9 L = 40.65' 0. 67 acres 0.76 acres w 0.90 acres -268.19' : 3,21 acres 2 IY 07..' '..-- 500.547'4075e: W C3 1 = -A-62.1.t5 F-- -HERON - S 8911'50' E S 8911'50" E S 8911'50" E 520.78' 4)R4VE-- S 039%511'50' E 190.00' 173.09' E 1 174.84' LINES 165.55' - - - 04'40'15' W 8 r. {._.a 20_32 LOT 11 73.47' 53.867 sq. ft. . ?? LOT 15 1.24 acres 34,921,.sq. ft. ----- 1,342.94' __LOT 0.60 acres _ _582'36'47' 42.253-sqr-1L_ _40 FD 5/8' IR 2 " N 0152'22' E N 9.44-) 0.97 acres .....1L. s..1.01 2 - - (E 0.68') TOTAL CURVE 99.24' asne.23 • 42.391 ;71.- f - - 100. 00' - R ■ 1484.00' 0.97 acres 2 , T ■ 442.10' -- L ■ 658.70' -....":-----Z ------F,------EAGE -1-75,#,-- ._ _Les 41 01 E LC. 844.44' EXISTING POWERUNt---- := Dar - - .- --5913.38 EASEMENT vw-A-rer ----- CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA 53.24' mg_ #901377 ‘10' UTILITY ------1464.00' 140.93' 70.52' 140.88' N 58'51 56' 05'30'56' N 86.44'01 EASEMENT 18L21' 2 2 1464.00' 161.25' 80.71' 161.17' N 64'46'44' 06'18'39'

3 1464,00' 213.57' 106.97' 213.38' N 72'06'49' 08'21'30' 4 1464.00' 342.95 172.26' 342.16' N 83'00'13' U 13'25'18' 35.74' 5 500.00' 53.41' 26.73' 53,38' N 83'27'19' 06'07'13' FILED 6 220.0' 355.9' 230.5' 318,3' S 47'08'37' N 92'40'54' LOT 1 80 • TV 7 220.0' 336.1' 210.7' 304.4' S 42'57'55' E 87'32'12' 245,457 sq. It. I 1 JUN 4, 1190 32.00' 37.19' 21.02' 35.13' N 66'18'36' E 66'35'23' 5.63 acres O 47.00' 69.78' 43.12' 63.55' N 37'51'44' U 85'03'58' 109 530.00' 56.61' 28.33' 56.59' N 83'27'19' 9 06'07'13' OUT 11 470.00' 50.20' 25.13' 50.18' N 83'27'19' U 06'07'13' I C5 9 D035' 12 190.00' 307.34' 199.11' 274.91' N 47'08'37' E 92'40'54' (4 I 13 250.00' 67.88' 34.15' 67.67' S 25'26'28' U 15'33'26' THIS UNE WAS BAY 2 5 1999 14 250.00' 19.57' 9.79' 19.57' S 15'25'10' 04'29'10' ESTABUSHED BY Candied oa La a Pa

LLILI HOLDING EXISTINI 15 30.00' 40.65' 24,13' 37.61' N 51'59'23' E 77'37'35' cp.. copy the ORIGINAL FENCE UNE BY 16 17.00' 12.08' 6.31' 11.83' S 68'50'39' E 40'42'22' LEGEND: Dam. at Record. 4 Asa.smarP FEE # 830547 17 45.00' 42.10' 22.74' 40.59' N 75'17'44' V 53'36'33' b1....9 Dap. 18 45.00' 121.10' 196.42' 87.73' S 00'48'13' U 154'11'33' 0 FOUND MONUMENT AS NOTED 19 45.00' 42.11' 22.74' 40.59' N 76'54'07' E 53'36'38' 20 17.00' 12.08' 6.31' 11.83' S 70'26'59' V 40'42'22' • SET 5/8' X 30' LONG IRON REBAR AtICCDIETISPIECI ownAL PONT PROFESSIONAL 20.32' 10.57' 19.94' N 69'47'26' U 38'48'47' WITH lalow PLASTIC CAP MARKED 2 X 3a. IRON PIP 21 30.00' LAND SURVEYOR 22 30.00' 20.32' 10.57' 19.94' N 30'58'38' V 38'48'47' "W8d4 PACIFIC' S 89'06'49' W IIELD (SEE DETAIL ABOVE) g 1.U3 174.26' 192.40' 304.94' S 49'09'08' E 75'09'47' 23 250.00' 327.96' S 89'06'49 W 215.04' \BRASS DSX 24 190.00' 290,28' 182.00' 262.86' S 42'57'55' E 87'32'12" POST-MONUMENT TO BE SET AFTER EAST 1/4 CORNER coNsmucroN OF STREET INCLUDING Ct•IMIC.001A+ 25 22.00' 35.74' 23.22' 31.94' N 40'11'30' U 93'05'02' ot/I-v 30. .976 OF SECTION 27 PAVEMENT OR 1 YEAR AFTER PLAT IS 43.03' 60.11' N 47'34'10' E 91'23'37' ORAN O. ABBOTT 26 42.00' 66.99' RECORDED. WHIO4EVER OCCURS FIRST. 27 250.00' 262.95' 145.11' 251.00' S 63'21'08' U 60'15'53' I HEREBY CERTIFY THAT THIS IS A TRUE SHEET 1 OF 2 AND EXACT COPY OF THE FLAT OF "JOHN WEBER BUSINESS PARK"

901 3 8,3 Attachment 13, 2 JOHN WEBER BUSINESS PARK LOCATED IN THE NE 1/4 OF SECTION 27 AND IN THE NW 1/4 SIONSECTION 26 TOWNSHIP 2 NORTH, RANGE 10 EAST, W.M. HOOD RIVER C OUNTY , OREGON MAY 9, 1990 PREPARED BY: WILSEY & HAM PACIFIC INC. 1099 S.W. COLUMBIA STREET PORTLAND, OREGON 97201 (503) 227-0455 SURVEYOR'S CERTIFICATE: DEDICATION: APPROVALS:

I, Oran D. Abbott. being first duly sworn, depose and say KNOW ALL PERSONS BY THESE PRESENTS THAT THE PORT OF APPROVED , 1990. that I have correctly surveyed and marked with proper HOOD RIVER, A MUNICIPAL CORPORATION, DOES HEREBY MAKE, HOOD RIVER COUNTY DIREC OF PURL( WORKS ESTABLISH AND DECLARE THE ANNNEXED MAP TO BE A TRUE monuments thot land represented in the annexed map of BY: "John Weber Business Park" and at the Initial Point I set a AND CORRECT MAP OF THE LAND OWNED AND LAID OUT BY THE 2" by 36" galvanized iron pipe, 6" below the surfoce of PORT OF HOOD RIVER AS "JOHN WEBER BUSINESS PARK' SAID z7 7,7,0X the ground, said Initial Point bears South 89'06'49" West LAND BEING MORE PARTICULARLY DESCRIBED IN THE SURVEYOR'S APPROVED , 1990. 215.04 feet from the East 1/4 corner of Section 27; CERTIFICATE HERETO ANNEXED AND THE PORT OF HOOD RIVER CHAIRMAN, HOOD RIVER COUNTY PLANNING COMMISSION thence, from said Initial Point. South 89T6'49" West DOES HEREBY DEDICATE TO THE USE OF THE PUBLIC AS 1 74.96 feet to the northerly line of the right-of- way of PUBLICWAYS FOREVER ALL STREETS AND PUBLIC EASEMENTS BY: the Mount Hood Railroad Company; thence, along said SHOWN ON SAID MAP. Railroad right-of-way North 56'06'28" West 587.57 feet to ATT E , 1990. SEC D RIVER COUNTY PLANNING COMMISSION a point of curvature; thence, 858.70 feet along the arc THERE ARE WATER RIGHTS APPURTENANT TO THIS PROPERTY. of a 1,464.00 foot radius curve to the left through a PORT, OF 000 RIVER BY: central angle of 33'36'23"; thence • leaving said Railroad 0 right-of-way North 00'30'25" West 217.33 feet to a point APPROVED - Z -t_AA/42-1' that is 3 feet southerly of the southerly bank of Odell . 1990. J WEBER, PRESIDENT DATE? HOOD RIVER COUNTY COMMISSIONER Creek; thence • along a line that is 3 feet south of the 0p southerly bank of Odell Creek North 49'59'16" East 152.91 BY. yeikau- feet, thence South 30'03'44" East 101.55 feet; thence North ACKNOWLEDGEMENT: 72'48'16" East 413.95 feet; thence North 03'45'16" East 83.22 STATE OF OREGON APPROVED, ‘2.-g 1990. feet; thence. South 88'06'44" East 126.47 feet; thence, 22-az, COUNTY OF HOOD RIVER HOOD RIVER COUNTY CCAMISSIONER leaving said Odell Creek North 00'30'25" West 358.77 B feet; thence North 89'25'19" East 559.15 feet; thence BE IT REMEMBERED THAT ON THIS //'..DAY OF `711.4,-1 1990, kno-ea South 00'33'32" East 365.00 feet; thence North 89'06'49" BEFORE ME A NOTARY PUBLIC IN AND FOR SAID STATE AND '`N East 37.13 feet; thence South 04'30'51" West 48.97 feet; COUNTY, PERSONALLY APPEARED JOHN WEBER BEING FIRST APPROVED 5- a - 1990. thence North 88'15'24" East 107.99 feet; thence North DULY SWORN UNDER OATH. DID SAY THAT HE IS PRESIDENT OF HOOD RIV • COUND' COP SIONER 02'56'06" West 14.83 feet; thence North 87'37'17" Eost THE PORT OF HOOD RIVER AND DESCRIBED IN THE FOREGOING BY: 55.66 feet; thence South 08'35'38" East 55.91 feet; INSTRUMENT AND THAT HIS SIGNATURE AFFIXED TO SAID C> thence South 54'04'08" East 29.37 feet; thence South INSTRUMENT BY AUTHORITY OF ITS' BOARD OF DIRECTORS IS A 83'46'17" East 244.64 feet to a point on the westerly FREE ACT AND DEED OF SAID MUNICIPAL CORPORATION. APPROVED , 1990. right-of-way of State Highway No. 282; thence, along said HOOD RIV COUNTY SURVEYOR right-of-way South 01'52'22" West 373.73 feet; thence SUBSCRIBED AND SWORN BEFORE ME South 06'21'01" West 130.46 feet to a point along the arc THIS _I/ ,__DAY 1990. BY: -e of a 22.00 foot radius curve to the left through a central angle of 93'05'02" (the chord of which bears North 40'11'30" /54 A7/ West 31.94 feet) to a point of tangency, thence North 86'44'01" APPROVED , 1990. HOOD RIVER COUNTY SANITARIAN West 181.21 feet; thence South 03'25'24" West 407.46 feet to I,. rJ7.tic Ok!GCN the Initial Point and the Point of Beginning. NARRATIVE OF SURVEY: 91 BY:

Contains 28.34 Acres I, ORAN D. ABBOTT, A REGISTERED PROFESSIONAL LAND -11./)'7 APPROVED '1)1- * 1990. SURVEYOR. HEREBY CERTIFY THAT THIS MAP CORRECTLY EAST FORK IRRIGApON DISTRICT REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION, AT THE REQUEST OF THE PORT OF HOOD RIVER, THE PURPOSE BY: OF THE SURVEY IS FOR THE SUBDIVISION PLAT WHICH IS PART OF THIS DOCUMENT. THE BASIS OF BEARING FOR THIS PLAT IS NORTH 89'25'19" EAST WHICH IS THE NORTH LINE OF THIS THE DIRECTOR OF RECORDS AND ASSESSMENTS AND THE DIRECTOR OF BUDGET AND FINANCE AND TAX COLLECTOR, RESPECTIVELY OF PLAT AND HAS BEEN ROTATED 00'03'16" FROM THE BEARING HOOD RIVER COUNTY OREGON, HEREBY CERTIFY THAT WE HAVE USED BY BISHOP IN 1979. THE RESOLUTION OF THE BOUNDARY EXAMINED THE ACCOMPANYING PLAT OF JOHN WEBER INDUSTRIAL PARK IS BASED UPON THAT SURVEY BY L. BISHOP P.L.S. DATED IN THE COUNTY OF HOOD RIVER AND THAT THE NAME ADOPTED FOR JUNE 22, 1979 WHICH SET THIS EXTERIOR BOUNDARY EXCEPTING SAID PLAT IS A PROPER NAME, NOT INCLUDED IN ANY OTHER THAT PORTION WHICH WAS PURCHASED BY THE PORT OF HOOD SUBDIVISION IN HOOD RIVER COUNTY. AND FURTHER CERTIFY THAT RIVER IN THE SOUTHEAST CORNER CF THE PLAT AREA. THE ALL ASSESSMENTS DUE HEREON HAVE BEEN FULLY PAID AS REQUIRED BY LAW AND WE HEREBY APPROVE SAID PLAT. BOUNDARY ALONG THE SOUTHERLY LINE CF EAGLE CIRCLE IS SUBSCRIBED AND SWORN BEFORE ME SET BY ENGINEERING DESIGN FOR THE ROADWAY FROM STATE REOISTCMCO THIS DAY OF 7974r_____ , 1990. HIGHWAY 282. FURTHER, THE POSITION OF THE EXISTING POWER ZIAMC___alAZAMALIV)4' PROFESSIONAL LINE EASEMENT WAS DETERMINED BY FIELD LOCATION OF THE LAND SURVEYOR HOOD RIVER COUNTY DOCTOR OF BUDGET AND FINANCE POLE LINE, THE FUTURE POWER LINE EASEMENT WAS ESTABLISHED AND TAX COLLECTION ° 74 r BY DESIGN COORDINATION WITH THE UTILITY COMPANY. G. ROBERT TA /.Ilt ...... „, ADDITIONAL SURVEYS OF RECORD WHICH WHERE USED FOR NOTARY PUBLIC - OREGON ...,'._.....,■ 30. 1070 REFERENCE INCLUDE C.S. #83024, 89091, 87055, 89045 AND ORANRAN 0. ABRoTT He D RIVE COUNTY DIRECTOR OF RECORDS O Ile. ur G 29- //:-_?st9 G.L.O. NOTES FOR TOWNSHIP 2 NORTH, RANGE 10 EAST, W.M. AND ASSESSMENTS F MAY 2 5 I°YS 1) SHEET 2 OF 2 ter0141 t is !cut rip ills 1990 mtr•t ■ copy 0, 1 IO NM _L-1, c vat 9oo_sc- icw-t Coti Co,pPk R R 1/2 N'k 2 • R1-7500

a. 0111'41p'

2.511;4; 7 EFU R1-7500

• • 5. DAVIS DR HWY 282 C -1 EFU

NOTE: Creeks designated Environmental Protection and zoned Floodplain are

RURAL RESIDENTIAL LIGHT INDUSTRIAL Minimum lot size is as (M-2) shown on Zoning Map. ...

MEDIUM DENSITY I. A C) i. >( INDUSTRIAL (M-1) V A >I., .1 L. .4 RESIDENTIAL. Minimum a. A r lot size as shown.

EXCLUSIVE FARM USE COMMERCIAL (C-1) p (EFU) Exhibit 2 Josette Griffiths

From: James Klein [[email protected] ] Sent: Wednesday, October 24, 2012 11:41 AM To: Randy Johnston; Josette Griffiths Cc: Don Wiley; 'Leo Sandoval' Subject: RE: Bloom Partition

Hello all,

As per Randy comments below, I would agree. I have had a long conversation with both Gary Bloom and Rich Fenton the engineer representing Centurylink, but that issue. I have agree to place a 15.00 foot wide public utility easement along the exterior boundary of propose parcel 1 and 2 as requested by Mr. Fenton. As long as the County approve our request for the zone modification and partition. If your some reason my client is denied, it would be up to both parties to rectify the problem and record any easement necessary to solve their problem.

Thank you,

James-

From: Randy Johnston [mailto:[email protected]] Sent: Wednesday, October 24, 2012 11:24 AM To: Josette Griffiths Cc: Don Wiley; Jim Klein (Jim Klein); Leo Sandoval (Isandoval(agorge.net ) Subject: Bloom Partition

Hood River County Survey Department 918 Eighteenth Street, Hood River, OR 97031 541-386-2616 541-386-2912 fax Randy.Johnstonna

I think Josette, not to put words in James' mouth, that Jim was probably expressing the opinion that the utility, in this case phone, has been in place long enough, that any court would deem that it has acquired a prescriptive right to be there. Especially considering that the utility has outward evidence, a pedestal, of being there, and was placed on property owned by a quasi-governmental entity that benefitted by its installation. And that by showing it on the partition plat as an encroachment, it would provide legal notice that it is there. I would have to agree with all of those points. But I would also propose, that the wise applicant and prudent surveyor do two things: Call for locates so that the plat shows all known utility encroachments, and grant easements upon the plat for those utilities. This would be the proactive way to keep all out of court, and minimize possible future legal costs.

If you have any questions or comments please get ahold of me. randy

1 Exhibit 3 Hood River County Planning Commission County Administrative Building 601 State Street Commissioners Conference Room October 24, 2012 MINUTES DRAFT PRESENT Chair: Bob Schuppe; Commissioners: Carl Perron, John Brennan, Peter Frothingham, Kathie Alley, Pat Moore, and Stan Benson.

County Staff: Mike Benedict, Director; Will Carey, County Counsel; Eric Walker, Principal Planner; Josette Griffiths, Senior Planner; and Kim Paulk, Office Manager

A. Call to Order Chair Schuppe opened the meeting at 7:00 p.m.

B. Meeting Minutes: Commissioner Moore moved to adopt the September 12, 2012 minutes as amended by Commissioner Alley. Commissioner Brennan seconded the motion, a vote was called and the minutes were adopted.

C. Director's Report: Mr. Benedict informed the Commission about the increase in workload over the last three months which means that land use decisions will be taking quite a bit longer than normal and explained how the new county-wide-enforcement ordinance was coming along. Mr. Benedict referred a LUBA update to Land Use Counsel to report on.

D. Land Use Counsel's Report: Mr. Carey updated the Commission on the Parks & Recreation LUBA appeal process.

E. Unscheduled Items: a. From the General Public: None b. From Commissioners: None

Chair Schuppe explained how the two hearings would proceed.

F. Public Hearing Annexation P-12-0148: a. Eric Olanie and Teresa Volpone have made a formal request to annex their 80 acre parcel into the Wy'East Rural Fire Protection District. The annexation request is being initiated to fulfill a condition implemented by the Planning Department as part of a Forest Lot-of-Record dwelling approval issued in 2009. (File #P-09-0002)

Staff Report: Eric Walker provided an overview of the annexation request and stated that the Staff encourages the Planning Commission to recommend to the Board of Commissioners approval of the annexation request.

Applicant: No comments

Proponents: None

Opponents: None

1 Rebuttals: None Interested Public Agencies: None DRAFT Questions from the Decision-Makers: None

Chair Schuppe closed the hearing to further testimony.

Deliberations: Chair Schuppe stated that it was not within the Planning Commission's authority to approve or not approve the annexation request. Their job was to decide if the annexation should be allowed to go before the Board of Commissioners.

Commissioner Brennan moved to forward the request for annexation to the County Board of Commissioners to hear, Commissioner Moore seconded the motion.

Chair Schuppe called for a vote. All voted yes; motion passed 6 to 0.

Chair Schuppe reiterated how the hearing would proceed.

G. Public Hearing Bloom Comp Plan & Zone Change (P-12-0129) Minor Partition (P-12-0130): a. Gary and Linda Bloom propose to re-plat a portion of the John Weber Business Park Subdivision by adjusting 2N10E 27A, Tax Lots 1300, 1918, 1919, and 1999 into 2 parcels and rezoning it. Together with their application for a Comprehensive Plan and Zone Change (P-12-0129), the Blooms have applied to divide (P-12-0130) the subject property into two parcels, so that the proposed western parcel (0.64-acre) would be zoned completely M2, and the proposed eastern parcel (0.63-acre), which has an existing single family dwelling and shop on it, would be zoned completely RR1/2.

Staff Report: Josette Griffiths provided an overview of the proposed Comp Plan & Zone Change along with a handout to the Commission reflecting the possibility of an easement needed for existing infrastructure. Ms. Griffiths stated that based on the findings within the Staff report, Staff recommends the Planning Commission recommends the Board of Commissioners approve the applicants request.

Applicant: No comments

Proponents: None

Opponents: None

Rebuttals: None

Interested Public Agencies: Rich Fenton, Right-of-Way, Century Link, 902 Wasco Street, Hood River, OR 97031: "I am here to make everybody aware that Century Link has infrastructure in place on Tax Lot 1999 which does feed a major portion of the area with telephone and high speed internet. We don't know how it got there. However that came about, we find ourselves there. When the property was sold by the Port, apparently, there were no easements put in place for this facility to be there. We have had discussions with the land owners and the surveyor and were hoping that this could be taken care of without an easement, actually. If we could see this (i.e., the infrastructure) on the final plat that would work for us, as long as it is reported somewhere, it would give us the right to be there. It will facilitate any future needs of this development, as it moves forward since it could

2 DRAFT serve the new industrial parcel from this piece of equipment. And it would continue to serve the rest of the area."

Proponents: James Klein, Surveyor, Klein & Associates, 1411 13 th Street, Hood River, OR 97031: "I am here to represent the Blooms on this application. To reiterate what Rich just spoke about, and the e-mailed correspondence between me and Randy Johnston, the County Surveyor that was handed out by Josette at this hearing - it was brought to our attention that there are Century Link utilities within the parcel. We are proposing, if approved for the partition and zone change, we would place the easements on the plat. One of the recommendations from the County Surveyor was to call in utility locates, not just for Century Link, but for any utilities that may, or may not, be there. I have not done a field check yet for utilities that may be there. At this time, we are proposing possibly a 10' - 15' Public Utility Easement (PUE) for utilities, which would serve and be open to all utilities, not just Century Link. One of the objectives of asking for the Zone Change on said parcel was to help clean up a lot of these little fingers of this light industrial area, and also Tax Lot 1300 which is zoned Rural Residential. With the creek going through that area, and overlays, it makes it hard to have much usable space for industrial development. Through this application, and related modifications, hopefully, this will make that a more usable space. If you have any questions, I would be happy to answer them."

Mr. Carey: "Mr. Klein, you are the surveyor, right? (James Klein: "Correct.") Did you read this recommendation from the County Surveyor that came back? Well, his recommendation is the same as mine. It shouldn't only be surveyed and identified, but they need to be included in some kind of an easement. What I assume is happening here is that the Blooms are getting these parcels ready to sell some time in the future. Future purchasers need to be able to look at a Title Report and know that there is some kind of easement on the property. They are not necessarily going to go look at a plat somewhere. But I do not think that a prescriptive easement is the answer here."

James Klein, Surveyor, Klein & Associates: "No - that's not what we are proposing."

Mr. Carey: "The Port should not have sold this property without excluding the easement for those utility boxes that are actually present there at this time. I think now (and I don't think it will depreciate the value of the property), they need to be disclosed in the form of an easement for handing the phone company the right to maintain those boxes there. Because if that is not done, it's not going to show on a preliminary Title Report and somebody else down the line will buy the property and then there will be a fuss about why weren't we told there that these boxes are on the property? I know this sounds ridiculous, but having dealt with property for 30-plus years, you see just about everything you can imagine. This is one of them that will cause problems in the future if we don't take care of it."

James Klein, Surveyor, Klein & Associates: "I would also agree with that. That is why, once we get through this process, we were going to put it on the partition and create the easement, which will show up on the Title Report at that time. If, for some reason, we don't go through this process that would have to be directed back towards the Blooms and Century Link to negotiate, which it looks like they would be willing to do. At this time, though, the Blooms are waiting to move forward and place it on the final partition plat, if approved by the Commission. Otherwise, it looks like Century Link will be more than happy to get that rectified. They have already made that aware to myself and to the Blooms. This way, we thought it would be cleaner and easier, not just to create it as a Century Link easement, but as a public utility easement, on the final platting of the partition."

Mr. Carey: "I appreciate that. What I am recommending is that it be made a condition of the partition plat — that it be specified as an easement. That is my only input." 3 DRAFT

James Klein, Surveyor, Klein & Associates: "We're fine with that."

Ms. Griffiths: "James, are you sure that the utility is located within the 10'45' — or is it further away than that?"

James Klein, Surveyor, Klein & Associates: "Well, I am kind of basing some of my information on Rich with Century Link. In the e-mail from Randy Johnston, he suggested that it should be located. So, what we were proposing to do, at the time of surveying and locating, and actually tying in the creek, as part of our work, we would call in utility locates on the whole parcel, road on Eagle Loop, and identify any utilities within that area. That is why we were recommending calling it a public utility easement, rather than just a private or Century Link easement, limiting it to one specific utility. We have not done that (i.e., called in the utility locates) at this time to cut down the costs and so forth until we see where we are going with this project."

Mr. Benedict: "Will, would we have to specify the size of the easement? Or would we just say an easement satisfactory to cover?"

Mr. Carey: "Just an easement to cover those two boxes."

Chair Schuppe: "Utility easement."

Ms. Griffiths: "But you are saying that it would cover more than just the telephone — it could cover additional utilities in that area?"

James Klein, Surveyor, Klein & Associates: "Correct. We are also thinking that for the future, and what Rich is thinking, is that we could push the easement further to the west."

Mr. Carey: "That's fine. That makes sense."

James Klein, Surveyor, Klein & Associates: So, I am not just worried about the boxes, I am worried about whatever else is in the ground. Am I correct on that, Rich?

Rich Fenton, Century Link: "Yeah."

Chair Schuppe: "So, it sounds to me like we are heading toward a condition for a utility easement for any utilities located on the property."

Mr. Carey: "That would cover it."

Chair Schuppe: "I would like to get the Blooms' reaction to that. I am getting an affirmative reaction to a condition for a utility locate and a utility easement."

Chair Schuppe: "Are there any other comments from public agencies or the applicants? Any questions from Commissioners?"

Questions from the Decision-Makers: Commissioner Alley clarified what the parcels would look like as partitioned. Staff referred her to the lower drawing on Attachment A8.

Commissioner Frothingham indicated that he was a bit uncomfortable with the utility issue being incomplete. Said that he hopes that if it is approved, it does not go forward, unless it is complete. 4 DRAFT Chair Schuppe — Clarified that Commissioner Frothingham's concern was with the Century Link easement. He stated that he thought that the utility easement was an issue that would come up at tonight's hearing. Before closing the hearing, he indicated that there would likely be a condition added that would require a utility locate and public utility easement on the plat as part of the recommendation to the Commission. He asked the audience, which included the Blooms, if there was any problem with that. Hearing no comments, he closed the hearing. Are there any Commissioner deliberations?"

Deliberations: Commissioner Moore: "No comments."

Commissioner Perron: "With the added condition of approval, that is good enough for me that it is going to be complete."

Commissioner Brennan: "No problems."

Commissioner Frothingham: "No problems."

Commissioner Alley: "None."

Chair Schuppe: "I am satisfied with it. If there is no additional discussion, I would entertain a motion to forward this application for Comprehensive Plan and Zone Change (and Partition), recommending approval to the County Board of Commissioners, with the conditions listed, and adding a condition of locating utilities and providing utility easements on the parcel. The motion should include, if you are comfortable with it, my ability to sign it when it is ready."

Motion made by Commissioner Alley. Seconded by Commissioner Brennan.

Commissioner Brennan: Commissioner Frothingham: Commissioner Alley: Commissioner Perron: Commissioner Moore: Chair Schuppe:

The matter will be heard before the BOC on the 19 th of November.

Chair Schuppe closed the meeting 7:45 PM.

Exhibit 4 N.ovember 7, 2012 Plood 'River Nievisr BG Public Notices

practices on the ADVERTISEMENT: tional bidders walk- on line at tional uses in the to a minimum of Code including up- property; INVITATION TO BID through at the work www.portof hoodrive General Commercial three feet from side- dated citations and (e) Rights of The Port of Hood area scheduled for r.com (C-2) Zone in the and rear property procedures, and neighboring prop- River is requesting Tuesday, November Bidders are not re- Waterfront district. lines in residential clarifications. The erty owners; and bids for the interior 6 at 1:00 p.m. quired to be pre- The applicable crite- zoning districts. The applicable criteria (f) Environmental remodeling part of A complete solici- qualified under ORS ria are detailed in applicable criteria are detailed in laws and regula- approximately 4,536 tation document, in- 279C.430. HRMC 17.08.020. are detailed in HRMC 17.08.020. tions that affect the s.f. of the Halyard cluding scope of Bids must be ad- Applicable Compre- HRMC 17.08.020. The area affected in- property. Building, 707 Port- work, sample con- dressed to Stephen hensive Plan poli- Applicable Compre- cludes all land in the CONDITIONS OF way Avenue, Suite tract, and design M. Burdick, Develop- cies are detailed in hensive Plan poli- City. SALE: Only U.S. cur- 103, Hood River, specifications, may ment Manager, Port Goal 9, Economic cies are detailed in In order to pre- rency and/or certi- Oregon 97031. The be examined during of Hood River. Bids Development, and Goal 10, Housing. serve any potential fied cashier's checks work includes new normal business must be hand deliv- Goal 10, Housing. The area affected by appeal rights to made payable to the non-bearing walls, hours at: ered by 2:00 p.m. on The area affected by the reduction in set- LUBA, persons must Hood River County ceilings, sheetrock, • The Port of Hood Thursday, Decem- the elimination of backs for accessory participate either Sheriff's Office will restroom, plumbing River, 1000 E. Port ber 6, 2012 at the residential dwelling structures includes orally or in writing in be accepted, at the and fixtures, modifi- Marina Drive, Hood Port office or by mail units in the General all land in the City the legislative action time and location of cations to the exist- River, Oregon 97031 to 1000 E. Port Mari- Commercial (C-2) zoned Urban Low proceeding in ques- the sale. Payment ing HVAC and elec- Or may be ob- na Drive, Hood Riv- Zone is in the Water- Density Residential tion. A copy of the must be made in full trical systems, interi- tained by calling er, OR 97031. Bids front district of the (R-1), Urban Stan- proposed amend- immediately upon or finishes, doors & (541) 386-1645, or will not be received City which is located dard Density Resi- ments and staff re- close of the sale. hardware, casework by email request to after: 2:00 p.m. on west of the Hood dential (R-2), Urban port are available for I hereby declare and other associat- [email protected] . Thursday, Decem- River (SR-35) High Density Resi- inspection at City that the above state- ed tenant improve- There will be a $50 ber 6, 2012. Bids will Bridge, north of In- dential (R-3) and Of- Hall located at 211 ment is true to the ments. This is a Pre- nonrefundable be publicly opened terstate 84, and east fice/Residential (C- 2nd Street, and at best of my knowl- vailing Wage project charge for each in the Port office im- of the Hook. 2) 1). 3) Remove the http://ci.hood-riv- edge and belief, and subject to ORS printed copy of the mediately following Amend HRMC Sign Regulations er.or.us/planning . that I understand it is 279C.800 to solicitation docu- the bid deadline. 17.04.030 to reduce from HRMC 17.13 Staff contact for ad- made for use as evi- 279C.870. ment. The document 88,89,90,91-4t setback require- and associated sign ditional information: dence in court and is There is an op- can also be viewed ments for accessory definitions from Kevin Liburdy, 541- subject to penalty for structures that are HRMC 17.01.060 387-5224, or email: perjury. HOOD RIVER gerous Building for review or pur- less than 10-feet tall and codify them in a kevin @ci.hood-riv- JOSEPH A. COUNTY BOARD Code Ordinance chase at $0.25 per and less than 100- new title of the Hood er.or.us . WAMPLER, SHER- OF COMMISSION- that has been page in the County square feet in area River Municipal 89-1t IFF, Hood River ERS PUBLIC brought into compli- Community Devel- County, Oregon HEARING NOTICE ance with state opment Department, First Publication: HOOD RIVER 1918, 1919 and dential. The hea7NIN The Hood River statute and other ef- at 601 State Street, COUNTY BOARD 1999), which is part- ing will be held in the 10-17-12 County Board of fective County ordi- 2nd Floor, Hood Riv- Last Publication: OF COMMISSION- ly in the John Weber County Business Commissioners nances. The hearing er OR. Comments ERS PUBLIC Business Park sub- Administration Build- 11-07-12 have scheduled a will be held in the regarding the Ordi- By T. Bright, Chief HEARING NOTICE division, and for a ing, 601 State public hearing for County Business nance may be pro- The Hood River Comprehensive Street, Hood River Civil Deputy Monday, November Administration Build- vided to the Com- 83,85,87,89-4t County Board of Plan and Zone OR, in the confer- 19, 2012 at 6:00 ing, 601 State munity Development Commissioners Change to rezone ence room on the p.m. or soon there- Street, Hood River office prior to the have scheduled a the property refer- 1st floor. Questions published Oct. 24, after, to consider re- OR, in the confer- hearing or at the public hearing for enced above so that prior to the hearing 2012. pealing Ordinance # ence room on the hearing itself. Monday, November the proposed west- should be directed PERSONAL REP- 228 Dangerous 1st floor. A copy of 89,91-2t 19, 2012 at 6:00pm ern parcel of 0.64 to the County Com- RESENTATIVE: Building Code and the proposed Ordi- or soon thereafter, to acres would be munity Development )onald Barckley, adopt a new Dan- nance is available consider Gary & Lin- zoned Light Industri- Department, at 601 19280 NW Melrose da Bloom's applica- al and the proposed State Street, 2nd )rive, Portland, OR NOTICE OF at the district office, the funding packag tions for a parti- eastern parcel of Floor, Hood River )7229 PUBLIC MEETING located at 3700 De- already awarded fo tion/re-plat of 2N 0.63 acres would be OR, 541-387-6840 ATTORNEY FOR Odell Sanitary thman Ridge Road. the pending screen `OE 27A TL 1300, zoned Rural Resi- 89,91-2t 'ERSONAL REP- District will have a Additional agenda and lift station pro- regular scheduled item that will be dis- ject(s). All interested IES ENTAT IV E : NOTICE OF ment plant. The fed- ments by November ulie L. Cline, board meeting held cussed will be po- persons are asked Tuesday, Nov. 13, tential additional to attend. Ralph INTENT TO FILE eral assistance 19, 2012 to Parkdale 'hillips Reynier & FEDERAL would allow design Sanitary District PO 1umerfield, LLP, 718 2012, at 7 p.m. The funding being Lane, Manager. meeting will be held sought to complete 89-1t APPLICATION and construction of Box 194 Parkdale, state Street/P.O. FOR FEDERAL the proposed Park- OR 97041. Com- 'ox 758, Hood Riv- ASSISTANCE dale Sanitary Dis- ments may also be r, OR 97031, Tele- CITY OF HOOD ning commission will 6:00 p.m. in the Notice hereby giv- trict sewer system presented in person hone: (541) 386- RIVER NOTICE OF conduct a public same location. The en, that the Parkdale improvements. at a public meeting 264, Fax: (541) PUBLIC HEARING hearing on Monday, city council will Sanitary District in- The Parkdale to be help November 86-2557, Email: Notice is hereby November 19, 2012, make the final deci- tends to file an appli- Sanitary District wel- 19, 2012 at 7:00 at lie @ phillipsreynier. given that the City of beginning not earlier sion. cation for federal comes comment on the Parkdale Com- Hood River Planning than 5:30 p.m. at The proposed funding assistance the application for munity Center. For 85,87,89-3t Commission and the City Hall in the coun- amendments, ap- with the Unites funding assistance further information, Hood River City cil chambers located plicable criteria and States Department for the proposed please contact Julie iction starts at 9 Council will conduct at 211 2nd Street in policies, and affect- of Agriculture Rural waster water treat- Routson, Secretary m. sharp. Friday legislative public Hood River. The ed areas are as fol- Utilities Service for ment plant improve- at 541-352-7131. DIL 9, 2012 hearings to consider planning commis- lows: 1) Amend the improvements for ments. Please sub- 89-1t Location: 1400 amendments to the sion will make rec- definition of Water- waste water treat- mit written corn- )cker Road, Hood Hood River Munici- ommendations to front in HRMC ver, OR 97031 pal Code (HRMC), the city council. The 17.01.060, and 88,89-2t File No. 2012-21, city council will con- amend HRMC Ordinance No. 2004. duct a public hearing 17.03.050 to elimi- Legal notice address This is the legal no- on Monday, Decem- nate residential tice for both public ber 10, 2012, begin- dwelling units as [email protected] hearings. The planning not earlier than permitted and condi-

Affidavit Of Mailing

Applicant: 1 0 o Cowl) Ply .,ip File Number(s): P----tz - otz 9 P - 013 0

tL. 1, (=Tose 1 te 14,5 , hereby swear that on the 30 —day of 2012,

I caused to be mailed on the above date a copy of the attached

Adjacent Property Owner Notification

To the agencies/individuals on the attached list.

(Signed)

Hood River County Community Development Planning, Building Codes, Veterans' Services, Economic Development and Information Systems 601 State Street, Hood River OR 97031 rigair VIE:911110M

MICHAEL BENEDICT, DIRECTOR TEL (541) 387-6840 • FAX (541) 387-6873 E-mail: [email protected] October 30, 2012

To Hood River County Planning Commission Will Carey, County Counsel Brian Beebe, County Records & Assessment Mark Van Voast, County Building FILE COPY Randy Johnston, County Surveyor Don Wiley, County Public Works Greg Borton, Wy'east Rural Fire Protection District Ralph Lane, Jr., Odell Sanitary District Phil Davis, Odell Water Company Bob Duddles, Crystal Springs Water District Karen Swirsky, Oregon Department of Land Conservation & Development John Buckley, East Fork Irrigation District Scott Franke, Hood River Valley Residents Committee Anne Saxby, Hood River Soil & Water Conservation District Mike McElwee, Port of Hood River Gary & Linda Bloom, Property Owners James Klein, Surveyor, Representative for the Blooms Rich Fenton, Century Link Dyrk Pritchett, Engineer, Century Link Adjacent Property Owners Property Owners of John Weber Business Park

From: Josette Griffiths, Senior Planner Re: Bloom Comprehensive Plan & Zone Change (P-12-0129) and Minor Partition/Replat (P-12-0130) Healing & A public hearing is scheduled before the County Commission on Background: Monday, November 19, 2012 at 6:00 PM, or shortly thereafter, to consider the Planning Commission's Recommendation to the County Commission on Gary and Linda Blooms' applications, described below.

At the public hearing held on October 24, 2012, the County Planning Commission recommended that the County Commission approve Gary and Linda Bloom's applications for a Comprehensive Plan & Zone Change, and a Minor PartitionlReplat of the property described below. (The Planning Commission's Recommendation, signed by its Chair, is enclosed; however, any attachments referenced in that Recommendation are not attached. The record is available to the public for review or purchase at County Planning.) Location: The subject property is located at the northwest corner of the northern intersection of Eagle Loop and Odell Highway, and is described as: 2N 10E 27A, Tax Lots 1300, 1918, 1919, and 1999. Gary Bloom owns Tax Lot 1300, which is zoned Rural Residential (RR1/2). He and his wife, Linda Bloom, acquired adjacent property from the Port of Hood River, in the form of three separate tax lots (Tax Lots 1918, 1919, and 1999), which are all zoned Light Industrial (M2); two of those tax lots (Tax Lots 1918 and 1919) are described as "Tracts A and B" of the John Weber Business Park. Result of the Request: Approval of the applicants' requests for a Comprehensive Plan & Zone Change and a Minor Partition/Replat would result in the subject property being consolidated, divided, and rezoned into two parcels, with the proposed western (0.64-acre) parcel being zoned completely M2, and the proposed eastern (0.63-acre) parcel, which has an existing single family dwelling and shop on it, being zoned completely RR1/2. (See attached vicinity map and tentative plan.)

Existing Zoning: Currently, 2N 10E 27A, Tax Lot 1300 is zoned Rural Residential (RR1/2), and Tax Lots 1918, 1919, and 1999 are zoned Light Industrial (M2). McGuire Creek, which crosses both Tax Lots 1300 and 1918, is zoned Stream Protection Overlay (SPO).

Applicable Criteria: The above-referenced applications were reviewed pursuant to: Article 15 (Rural Residential Zone), Article 18 (County Subdivision Ordinance), Article 32 (Light Industrial Zone), Article 60 (Administrative Procedures), Article 72 (Planning Director's Review Procedures) of the Hood River County Zoning Ordinance; the Hood River County Comprehensive Plan; as well as applicable Statewide Planning Goals, Oregon Revised Statutes, and Oregon Administrative Rules.

Response: The comments received to date have been incorporated as part of the Planning Commission's record and will be forwarded to the Board of Commissioners for consideration. Written or oral comments may be made up to and at the County Commission hearing. However, if you have any comments that you would like staff to consider in advance of the public hearing, please provide them to me by 5:00 PM, Thursday, November 8, 2012. (Please note: if you are providing written comments at the hearing, please make at least 10 copies to ensure that the members of the County Commission, staff, and the applicant receive a copy of your comments.)

Hearing Date & This matter will be heard by the County Commission at a public hearing scheduled Location: for Monday, November 19, 2012, at 6:00 PM, or shortly thereafter, in the 1 st Floor Conference Room of the Hood River County Business Administration Building, 601 State Street, Hood River, Oregon. All interested parties may appear and be heard. Hearing's Procedure: Failure of an issue to be raised at the hearing, in person or by letter, or failure to provide statements or evidence sufficient to afford the decision-maker an opportunity to respond to the issue, precludes appeal to the Land Use Board of Appeals based on that issue.

Available Information: For additional information regarding these applications, please contact Josette Griffiths, Senior Planner, at Hood River County Planning at (541) 387-6840. The applications and supporting documents are available for review at County Planning at no cost; copies may be purchased at 0.250 per page. A copy of the staff report will be available for inspection at no cost at least 7 days prior to the hearing, and will be provided upon request at a reasonable cost.

NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER. HOOD RIVER COUNTY PLANNING COMMISSION

WHEREAS, the above matter came before the Hood River County Planning Commission during a public hearing on Wednesday, October 24, 2012.

WHEREAS, the subject tract is located at the northwest corner of the northern intersection of Eagle

Loop and Odell Highway, and the property is described as: 2N 10E 27A, Tax Lots 1300, 1918, 1919, and

1999. Gary Bloom owns Tax Lot 1300, which is zoned Rural Residential (RR1/2). He and his wife, Linda

Bloom, acquired adjacent property from the Port of Hood River, in the form of the other three separate tax lots (Tax Lots 1918, 1919, and 1999), which are all zoned Light Industrial (M2); two of those tax lots (Tax

Lots 1918 and 1919) are described as "Tracts A and B" of the John Weber Business Park. (Gary and Linda

Bloom are hereafter referred to as "the applicants.")

WHEREAS, approving the applicants' requests would result in the tract being consolidated, divided, and rezoned into two parcels, with the proposed western (0.64-acre) parcel being zoned completely

M2, and the proposed eastern (0.63-acre) parcel, which has an existing single family dwelling and shop on it, being zoned completely RR1/2.

WHEREAS, due notice was given of the hearing before the Planning Commission on October 24,

Rich Fenton, a right-of-way specialist for Century Link, a local telephone and internet provider.

WHEREAS, information was presented at the hearing regarding the need to locate the utilities on

the subject property and to document any existing utility easements or to provide a public utility easement to

cover them. This was brought to light by Century Link, the telephone and internet provider, which has

existing infrastructure, including the hub serving the John Weber Business Park, located on the subject

property that was not covered by an easement before the property (i.e., Tax Lots 1918, 1919, and 1999) was

WHEREAS, based upon information provided in the staff report and the evidence and testimony presented at the hearing, the Planning Commission hereby adopts the Findings of Fact and Conclusions of

NOW, THEREFORE, THE COUNTY PLANNING COMMISSION HEREBY

1. Final approval for the rezoning of the subject property, whereby proposed Parcel 1 is zoned completely Light Industrial (M2) and proposed Parcel 2 is zoned completely Rural Residential (RR'A) shall not take effect until the final partition plats have been recorded with County Records and Assessment.

2 4. It should be noted on the plat for future reference that the area making up Tract 'A' as part of the John Weber Business Park Subdivision may still be bound by its plat restriction of being an area "for landscaping." Both Tracts 'A' and 13' may still be bound by that subdivision's Covenants, Conditions, and Restrictions (CC&R's).

6. Any reference on the plat to the 50' Stream Protection Overlay riparian setback shall be from the bankfull stage of McGuire Creek, not from its center.

7. The placement of a common property line between Parcels 1 and 2 shall not cause any existing

development on Parcel 2 to become non - conforming to the setback requirements of the Rural Residential (RR) Zone as a result. Specifically, the following RR Zone setbacks apply: 60 feet from the centerline, or 30 feet from the edge of right-of-way, of an arterial street (i.e., Odell Highway), for the front setback; 10 feet from an interior side property line; 45 feet from the centerline of a street from an exterior side property line; and 20 feet from a rear property line. The nearest buildings facing the common property line shall be depicted on the final plats in order for staff to confirm that setbacks to that line are met.

(If you have any questions regarding the above condition, please contact Don Wiley, County Engineer, at 541-386-2616.)

9. Prior to recording final partition plats, in order to ensure future access for maintenance, the applicants shall provide public utility easements for portions of the John Weber Business Park Subdivision's common drainage improvements that are located within existing "Tract B" (i.e., Tax Lot 1918 ) outside of the existing dedicated road right-of-way. [The improvements include a 12-inch storm line (Storm Line "B") and twin 30-inch culverts with a rip-rap outfall as indicated on the attached drawing — Exhibit I.] For the 12-inch Storm Line "B" a 10' wide easement shall be centered over the pipe, and for the twin 30-inch culverts and rip-rap outfall, a 20' wide easement shall be centered over the pipes. (If you have any questions regarding the above condition, please contact Don Wiley, County Engineer, at 541-386-2616.)

10. The final plats shall indicate all existing and proposed easements and other encumbrances affecting the subject parcels.

11. Neither of the proposed parcels may be sold or conveyed separately prior to recording the final plats.

DATED this 30—day of October 2012.

HOOD RIVER COUNTY PLANNING COMMISSION

By: obert Schuppe, Chair

Approved as to form:

Wilford K. Carey, County Counsel

4 ▪ •

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.1 SHOP LEGEND 3.0' 4.40' 10. • SET 5/8" X 30" REBAR W/ YELLOW 'PLASTIC CAP (KLEIN & ASSOCIATES OR 59002) 30.01142 1 O FOUND 5/8" REBAR .W[YELLOW PLASTIC CAP (MARK w&H PACIFIC, CS NOS 90035) 37.15'FD //'• .r• „/,', , 37,13W1 • ..// • • • / • ' • • / • / 2 FOUND X' REBAR W/YELLOW PLASTIC CAP NI 89'3'46" E • ' 40./CREEr<,/,'ig ,/ %/LOT /999 (OLC SURVEYING, CS NO. 97033) 'N' 02'46 10 • •/ / .56. „ T2D9.55.68411 / ▪ FOUND 16' REBAR W/YELLOW PLASTIC CAP " ' , (PHILIP J. LARSON. CS NO. 94035) 2- '513" E' • / N 501 \ 3 • FOUND REBAR W/YELLOW PLASTC CAP • `417.9091 (KLEIN & ASSOCIATES CR 59002 CS NO. 2011033) TRACT 13 -JOHN IVEBBER • ANGLE POINT, NOT MONUMENTED BUSINESS PARK ,„ /Ai ,. .\ „\L:NI‘NLV\`‘ ORIGINAL RM REFERENCE MONUMENT ....• 0 N86'30'56"W • • • • • • • • CS NO. COUNTY SURVEY NUMBER

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lGkiL ,0,\ Klein & Associates, Inc. Engineering / Land Surveying /Planning 1411 13TH STREET, HOOD RIVER, OREGON 97031 / (541)386-3322 / FAX (541)386-2515 /

www.kleinassocinc.com

Project Description

Date: September 13, 2012

Subject: Zone Change and Partition supporting information

From: James Klein, Klein & Associates, Inc C/o Gary Bloom

To: Hood River County Planning Department

As stated in the Counties Goal 6-Air, Water and Land Resource Quality Policies, this project does not foresee any water quality and air quality issues.

In conclusion you find that this project is in the public's best interest and should be granted. By allowing this project to move forward, with the partitioning and zone change as shown on the attached exhibit, you will also concluded that this project is suitable with the surrounding areas and conforms to the County Comprehensive plan while remaining consistent with the current zoning and adhering to the county's goals, policies and strategies. This project has the potential to bring more building and business to the County, and bring much needed jobs in this economical hard times. 46' MI / / / PV 1.04 AC tSUU 0.29 AC W 51022 .3704 162.23' W ROAD EASEMENT 3705 • 165' HOMESTEAD DR \ 2000 1 3704 DI 3705 \^,s 2001 2003 // 0.64 AC kC 0.50 AC 0.67 AC J 1000 0' 8AS,E T, 215' WI. _ R.1 t PAR .2 162.2Y P.3 0.45 AC 67' Y 12067' N89. 22.03'E 2.200 '1017 \, 1100 "74 165' 1.91' 72.03 AC n n1-1 ///////f///// ///// I I %I *J 57 313. O J CS 549 CS 87033 2300 1 0 01 .12(4RARc /2 1200 1000 900 ZOO 1300 I Cs:941:1151-9 1300 78917040.E.86 AC 14841•0544 1W 496' —MUD ALLEY DR ,, 03AP 1101 I g ///// ; 0.39 AC I s :1.<( 6 \ 1400 7' 9 9 1 E 0.06 AC I 2900'3'0'0'0 55.66' 4, 3900 •-___

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800 - 210•0- . HOOD RAILROAD EE MA:P 02N 10 26BC CS 543 ODELL HVVY- 16 .21Le,. 100, ; 1400 4.1 2500 I 0.40 AC I 9.82 AC — 2 f-IN 7100 372.42' 1 1 \ \J„) 3 222.46' rce3 1500 g VACATED 0.45 AC g! I (DV-77-2931 F. 13 .1\\ 4200 MAY'VE 222.42' Z 14 145' Ei.) 1600 .0 10 rn, 0.76 AC 1800 NODAL PONT iss. c )19\ NA CS :1439 2448 6' DEED SEE MAR02N 10E 27A /4 COR. r 161 17 1 18, 191 2392' MIL 0.13 AC

(660') 7 ?;(.74° /e/4/Ae 4 '#7/ 11C/Z/ SEE MAP 02N 10E 27D 14.5' 15 14 2500 201 M 9.96 AC 2500 \100 300 tx 201 V:09 0 '

Webber Business Park Owners MAPNUMBER TAXLOT OWNER M_ADDRESS M_CITY M_ST ZIP 02N10E27A 1922 BENSON, ERIC & BALL, DANNY 2149 W CASCADE #106A-114 HOOD RIVER OR 97031 02N10E27A 1908 BIG TREE PROPERTIES, LLC 3875 HERON DR #300 HOOD RIVER OR 97031 02N10E27A 1918 BLOOM, GARY D & LINDA K 3190 ODELL HWY HOOD RIVER OR 97031 02N10E27A 1919 BLOOM, GARY D & LINDA K 3190 ODELL HWY HOOD RIVER 0-R 97031 02N10E27A 1923 COCHRAN DONALD F 1381 TUCKER RD HOOD RIVER OR 97031 02N10E27A 1920 ERNEST & GODFREY, LLC PO BOX 401 ODELL OR 97044 02N10E27A 1910 HOGG, FREDRICK N & DIANE L, TR'S 6200 BILLINGS RD MT HOOD PARKDALE OR 97041 02N10E27A 1912 HOGG, FREDRICK NEIL ET AL TR & DIANE LYNN 6200 BILLINGS ROAD MT HOOD PARKDALE 4D-R 97041 02N10E27A 1907 HOOD RIVER COUNTY 601 STATE HOOD RIVER OR 97031 02N10E27A 1911 HOOD RIVER SUPPLY ASSOCIATION PO BOX 209 HOOD RIVER OR 97031 02N10E27A 1904 LOGDSON, JEANNETTE E PO BOX 401 ODELL OR 97044 02N10E27A 1800 MUENZER, CHAD 2880 BEAR RIDGE DR HOOD RIVER OR 97031 02N10E27A 1900 PORT OF HOOD RIVER 1000 E PORT MARINA DR HOOD RIVER OR 97031 02N10E27A 1909 PORT OF HOOD RIVER 1000 E PORT MARINA DR HOOD RIVER 0-14 97031 02N10E27A 1916 POWER COMMERCIAL PROPERTIES, LLC PO BOX 118 HOOD RIVER OR 97031 02N10E27A 1913 POWER DESIGN, INC PO BOX 147 ODELL OR 97044 02N10E27A 1911 POWER DESIGN, INC PO BOX 147 ODELL 044 97044 02N10E27A 1921 S & D BUILDING, LLC 3409 BROOKSIDE DR HOOD RIVER OR 97031 02N10E27A 1917 VANCO ENTERPRISES INC PO BOX 2155 WENATCHEE WA 98807 02N10E27A 1905 WILBUR-ELLIS COMPANY 16300 CHRISTENSEN RD STE 135 SEATTLE WA 98188 02N10E27A 9 WILBUR ELLIS COMPANY 16300 CHRISTENSEN RD STE 135 SEATTLE WA 484-88

3102 3106 700 2102 302 1(.1

7i 028 3201 '400

500 103\2 1033 1027\ 600 1026\ SEE P 2001 1034 1025\ 1035 //t, 3600 2300 1021\ R-1 7500 __

800 3704 3705 I \l, I i 10381 2200 1017 1018101 5 1 , 101* 1023/1036 I 7800 1 1 7700 1000 1 1 :1200 I-2422 2121 7600 7900 MUD ALLEY DR 1 CEDAR DR 202 7500 71400 24041 2405 320\0 4800'4900 3900 300 .4, 410 5001 %/,2403 14 I AI MO /, 4700„:5000 700 191_914n9.k 17211, talk; , :\/// 5600 r001 4600 -,5100. 5.4001 Ii 536 5500

1912 1911 4,400 : 6000 5500 EAGLE LP 4300 ■ I I CHEVRON DR 7 /j°

7100 61800 670U;6100

4200 7000 660 0 \ '6.300 I I 6400 o< 7200 650-0 I 100 250/0.Z/°4 " k./ 444/116/ M-2 M-2

300 201

6900\

Bloom P -012-0129 & P- 12-0130 Plan/Zone Chng & Partition 2N 10E 27A, 1300, 1918, 1919, 1999 RR1/2 & M2 MAPNUMBER TAXLOT OWNER M_ADDRESS M_CITY MS' ZIP 02N10E27A 1101 BLOOM, GARY D 3190 ODELL HWY HOOD RIVER 9R 97031 02N10E27A 1102 BLOOM, GARY D 3190 ODELL HWY HOOD RIVER OR 97031 02N10E27A 1918 BLOOM, GARY D & LINDA K 3190 ODELL HWY HOOD RIVER OR 97031 02N10E27A 4-94-9 BLOOM, GARY D & LINDA K 3190 ODELL HWY HOOD RIVER 0-R 97031 02N10E27A 4-9-9-9 BLOOM, GARY D & LINDA K 3190 ODELL HWY HOOD RIVER OJT 97031 02N10E27A 1300 BLOOM, GARY D & SHARON L 3190 ODELL HWY HOOD RIVER OR 97031 02N10E26BC 1800 BROCK, RICHARD E PO BOX 460 ODELL OR 97044 02N10E26BC 1200 DE LA TORRE, JUAN & YOLANDA 3199 ODELL HWY HOOD RIVER OR 97031 02N10E27A 1920 ERNEST & GODFREY, LLC PO BOX 401 ODELL OR 97044 02N10E26BC 2500 FARIAS, DANIEL C & GERALDINE R 3182 NEAL MILL RD HOOD RIVER OR 97031 02N10E26BC 1700 HEACOCK, WALTER L & ELFRIEDE E TR'S 1990 8TH ST HOOD RIVER OR 97031 02N10E27A 1912 HOGG, FREDRICK NEIL ET AL TR & DIANE LYNN 6200 BILLINGS ROAD MT HOOD PARKDALE OR 97041 02N10E26BC 2600 HOLYOAK, TIM L & KELCY L 3460 WHITTEN RD HOOD RIVER OR 97031 02N10E27A 1911 HOOD RIVER SUPPLY ASSOCIATION PO BOX 209 HOOD RIVER OR 97031 02N10E26BC 2700 HUNTING, WINDI PO BOX 1141 HOOD RIVER OR 97031 02N10E26BC 1100 LARSEN, ALLEN D & ALETHIA L 3191 ODELL HWY HOOD RIVER OR 97031 02N10E27A 1904 LOGDSON, JEANNETTE E PO BOX 401 ODELL OR 97044 02N10E26BC 1600 MC CONNELL, CRAIG E ET AL & BOADWAY, S 3233 ODELL HWY HOOD RIVER OR 97031 02N10E26BC 1400 MORGAN, JOHN C & HAZEL 3215 ODELL HWY HOOD RIVER OR 97031 02N10E26BC 1500 MORGAN, JOHN C & HAZEL 3215 ODELL HWY HOOD RIVER OR 97031 02N10E27A 1100 MURRAY, MICHAEL T & BARBARA J 3180 ODELL HIGHWAY HOOD RIVER OR 97031 02N10E27A 1200 MURRAY, MICHAEL T & BARBARA I 3180 ODELL HIGHWAY HOOD RIVER 0-R 97031 02N10E26BC 1900 PACHECO, JIMMY & LISA 3253 ODELL HWY HOOD RIVER OR 97031 02N10E26BC 2000 PETERS, BETH A 3263 ODELL HWY HOOD RIVER OR 97031 02N10E27A 1900 PORT OF HOOD RIVER 1000 E PORT MARINA DR HOOD RIVER OR 97031 02N10E27A 1916 POWER COMMERCIAL PROPERTIES, LLC PO BOX 118 HOOD RIVER OR 97031 02N10E27A 1914 POWER DESIGN, INC PO BOX 147 ODELL OR 97044 02N10E26BC 1300 SHEIRBON, JOSEPH C & JOSEPH W 4296 SUMMIT DR HOOD RIVER OR 97031 02N10E27A 1917 VANCO ENTERPRISES INC PO BOX 2155 WENATCHEE WA 98807 02N10E27A 1300, 1918, 1919, 1999 02N10E26BC 1800 02N10E26BC 1200 BLOOM, GARY D & LINDA K BROCK, RICHARD E DE LA TORRE, JUAN & YOLANDA 3190 ODELL HWY PO BOX 460 3199 ODELL HWY HOOD RIVER OR 97031 ODELL OR 97044 HOOD RIVER OR 97031

02N10E26BC 1600 02N10E26BC 1400 & 1500 02N10E27A 1100 & 1200 MC CONNELL, CRAIG E ET AL & BOADWAY, MORGAN, JOHN C & HAZEL MURRAY, MICHAEL T & BARBARA 1 S 3215 ODELL HWY 3180 ODELL HIGHWAY 3233 ODELL HWY HOOD RIVER OR 97031 HOOD RIVER OR 97031 HOOD RIVER OR 97031

02N10E27A 1917 VANCO ENTERPRISES INC PO BOX 2155 WENATCHEE WA 98807

r I. c.ate- s Cse.s r e.,./.42x.s...e.) 004.: ---9 IA

4)4A Q_ „J...., t.,..e_ak @ 1 02N10E27A 1922 02N10E27A 1908 02N10E27A 1918& 1919 BENSON, ERIC & BALL, DANNY BIG TREE PROPERTIES, LLC BLOOM, GARY D & LINDA K 2149 W CASCADE #106A-114 3875 HERON DR #300 3190 ODELL HWY HOOD RIVER OR 97031 HOOD RIVER OR 97031 HOOD RIVER OR 97031

02N10E27A 1905 & 1906 WILBUR-ELLIS COMPANY 16300 CHRISTENSEN RD STE 135 SEATTLE WA 98188 P°81-

c:14 =sziar .zwaffessommvste,Anam AsugmarAssinor •MMISENMEI, PITNEY BOWES 02 1R $ 02.30° 0002001203 NOV 20 2012 MAILED FROM ZIP CODE 9 70 31

op I, 1,0 LANDAND CONSERVAT/ON oevEtopmevr

Attn: Plan Amendment Specialist Dept. of Land Conservation & Development 635 Capitol Street NE, Suite 150 Salem, OR 97301-2540