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Home My WebLink About2021-09-13 L Fancher CommentsLiz Fancher From: Sent: To: Cc: Subiect: Attachments: Liz Fancher Monday, September 13, 2021 10:18 AM Kyle Collins Dave Swisher Response to Opponent Comments - 247-21-000616-PA and -000617-ZC response to opponents 2021-09- 1 3.pdf Kyle: Would you please include the attached document in the record of Files 247-21,-00O516-PA and -000617-ZC? Would you please send me an e-mail copy of the staff report when it is ready or let me know when it is available for review on Accela. Mail from the County is taking three days to get to my mailbox. Thank you I Liz (Fancfier Liz Fancher, Attorney 2465 NW Sacagawea Ln Bend, OR 97703 541-385-3057 (telephone) CONFIDENTIALITY NOTICE: The information contained in this electronic mail transmission is confidential. This information is intended for the exclusive use of the addressee(s). lf you are not the intended recipient, please notify the sender immediately by return email and you are hereby notified that any use, disclosure, dissemination, distribution (other than to the addressee(s)), copying or taking of any action because of this information is strictly prohibited. 1 BEFORE THE PLANNING DIVISION OF DESCHUTES COUNTY, OREGON APPLICANT: Dave Swisher APPLICANT'S ATTORNEY:Liz Fancher 2465 NW Sacagawea Lane Bend, Oregon 97703 Phone: 541-385-3067 E-ma i I : hz@lizfancher. com PROPBRTY OWNER:Don Swisher Trust Dave Swisher, Successor Trustee Carolyn J. Swisher Trust Dave Swisher, Successor Trustee MacCloskey Revocable Trust Craig and Jane I. MacCloskey. Trustees (co-owner of Tax Lot 600 only) SUBJECT PROPERTY:Tax Lot 100, Assessor's Map l7-13-l8C ("Tax Lot 100") Tax Lot 600, Assessor's Map 17-13- l8 ("Tax Lot 600") REQUEST An application to change the designation of the subject property from Agriculture to Rural Residential Exception Area (RREA) and to change the zoning of the subject property from Exclusive Farm Use - Tumalo/Redmond/ Bend subzone (EFU-TRB) to Multiple Use Agricultural (MUA-10) as the subject property does not qualify as "Agricultural Land" pursuant to State Law and administrative rules. APPLICANT'S RESPONSE TO NEIGHBOR COMMENTS A.Location: The location of the subject properties is marked as TL 100 and TL 600 on the following aerial photograph. The owners of two small properties (about 2.5 acres each), Conrad and Higham, filed comments opposing approval of the requested zone change and plan amendment. Their properties are located southeast of the subject property on Peterman Lane and Parker Lane in the Classic Estates subdivision. These roads are shown on the aerial photograph, below. Zone Change/Plan Amendment - Swisher Page I of5 Irt;-rlrlt: | | ar*b ],iIJN I CIPA L! lhrnp.rnr I I =3't. i..:rfrbrr FF. iitn F,r:t'ldtr Itt 6 B. C. D Zoning: The zoning of the Classic Estates lots is MUA- I 0, the same zoning proposed by the applicant for TL 100 and 600. Deschutes County has not applied a WA overlay zone to this property to protect wildlife. Protections for wildlife must be sanctioned by the County's Goal 5 ESEEs and WA or similar wildlife overlay zoning to be relevant to review of this application. Road Impacts: Access to Classic Estates lots is provided by Peterman Lane and Parker Lane. Traffic associated with new development of the subject property will not rely on either road for access. Impacts to the greater area arterial street network will be negligible as shown by the traffic impact analysis filed with the land use applications. Classic Estate Subdivision: A copy of the Classic Estates subdivision plat is included to illustrate the lot pattern and roads established by it. Zone Change/Plan Amendment - Swisher Page 2 of5 E.Properties Owned by Opponents: The following photographs are aerial photographs that show the setting of the properties owned by opponents Conrad and Higham. The northwest corner of the Conrad property touches the southeast corner of TL 100. Conrad Residence Swisher ZC & PA N A0 .10 €0 lEo ---l E5 Zone Change/Plan Amendment - Swisher Page 3 of5 The Higham property does not adjoin the subject properties. Its northwest corner is approximately 700 feet from the southeast corner of TL 100. There are two developed single- family home lots between it and TL 100. Higham Residence Swisher ZC & FA N A0 8! tEo 320 -t Zone Change/Plqn Amendment - Swisher Page 4 of 5 F'Development Under EFU-TRB Zoningz Tax Lots 100 and 600 are legal lots of record. Each, based on its poor soil conditions, should qualify to be divided into two nonfarm parcels with a nonfarm dwelling on each of the tax lots. Such divisions would allow a total of four nonfarm dwellings on the subject property. The subject property willnot remain vacant land even if this application is denied. Water for Homes and Irrigation: The applicant has shown that the subject property can obtain water service from Avion Water System as shown by Exhibit F and G of the application materials we filed with Deschutes County Planning. Purpose of EFU ZoninglLand Use Planning: The purpose of EFU zoning, as stated by Statewide Goal 3, is "to preserve and maintain agricultural lands." The term "AgriculturalLand" is defined by Goal 3. The subject properties do not meet the definition of "Agricultural Land." As a result, they may be zoned MUA-10, azoning district that allows low-density rural residential development. The MUA- l0 zone has been acknowledged by the Land Conservation and Development Commission as being compliant with the Statewide Goals that protect the community from urbanization of rural lands that formerly occurred in "sagebrush subdivisions." Location of City of Bend UGB and Airport: The density of development allowed by the proposed plan amendment and zone change is not urban development. Instead, the MUA-10 zone has been determined, through the land use planning process, to be a zoning district that is both an appropriate zone for nonagricultural land and one that does not allow urban development. Nonetheless, the subject property is only approximately 1.25 miles east of the City of Bend's UGB and approximately one-half mile fron-r the Bend Airport. The relatively large lot sizes required by the MUA-10 zone will preserve this land for future urban development. If the City makes the logical decision to expand its boundaries toward the Bend Airport, a location that is an employment area of the community, the subject properties will likely remain suitable for redevelopment given their size. Unsuitability for Farm Use: The letter filed by the Conrads states that there is rock at the surface of their property which adjoins the subject property. They express concern that "extreme measures" will be required to build foundations for homes on the subject property. This comment confirms the results of the applicant's soils study. The study shows that a vast majority of the subject properties are comprised of rock and Class VII soils that do not meet the definition of "Agricultural Land" provided by Statewide Land Use Planning Goal 3. F G. H. I Zone Change/Plan Amendment - Swisher Page 5 of5