HomeMy WebLinkAbout2022-01-26 21-616-PA, 617-ZC BOCC Public Hearing Memo
COMMUNITY DEVELOPMENT
MEMORANDUM
TO: Deschutes County Board of Commissioners (Board)
FROM: Kyle Collins, Associate Planner
DATE: January 26, 2022
SUBJECT: Public Hearing – Dave Swisher Plan Amendment and Zone Change
The Board of County Commissioners (Board) is conducting a public hearing on February 2, 2022 to
consider a request for a Plan Amendment and Zone Change (file nos. 247-21-000616-PA, 617-ZC) for
two (2) 40-acre properties located on Abbey Road, approximately 1.3 miles east of the City of Bend.
This will be the second of two required public hearings.
I. BACKGROUND
The Applicant, Dave Swisher, is requesting a Comprehensive Plan Amendment to redesignate the
subject properties from Agriculture to Rural Residential Exception Area and a Zoning Map
Amendment to rezone the properties from Exclusive Farm Use (EFU) to Multiple Use Agricultural
(MUA-10). The Applicant’s reasoning for the request is that the properties were mistakenly identified
as farmland, do not contain high-value soils or other characteristics of high value farmland, and
therefore should be redesignated and rezoned for residential use. The Applicant has provided a
supplementary soil study that identifies non-high value soils on a majority (~96%) of the subject
properties. Additionally, the Applicant has provided findings within the burden of proof that
demonstrate compliance with state and local requirements and policies.
II. PUBLIC COMMENTS
Staff received two (2) public comments from neighboring property owners and residents located
within the surrounding area of the subject properties. These comments expressed concern and
opposition related to growth management impacts, wildlife concerns, open space values, traffic
impacts along Abbey Road and Butler Market Road, property value impacts, and impacts to irrigation
water sources and availability. Additionally, staff received two (2) public comments from Central
Oregon LandWatch (COLW) and 1000 Friends of Oregon. These comments expressed concern and
opposition regarding growth management impacts, loss of productive farmland and wildlife habitat,
and the viability/accuracy of the supplementary soils report.
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III. HEARINGS OFFICER RECOMMENDATION
The Deschutes County Hearings Officer held the initial public hearing on September 21, 2021. Two
(2) individuals (Sue Conrad, a neighboring property owner, and Carol Macbeth, a representative of
COLW) stated their opposition to the subject application and concerns regarding growth
management, the perceived loss of productive farmland, the viability/accuracy of the supplementary
soils report, wildlife habitat impacts, and traffic impacts along neighboring rights of way.
On November 24, 2021, the Hearings Officer issued a decision evaluating compliance with all
applicable review criteria and recommending approval of the proposed Plan Amendment and Zone
Change.
IV. BOARD CONSIDERATION
As the property includes lands designated for agricultural use, Deschutes County Code 22.28.030(C)
requires the application to be heard de novo before the Board, regardless of the determination of
the Hearings Officer. Per DCC Section 22.20.040(D), the review of the proposed quasi-judicial Plan
Amendment and Zone Change is not subject to the 150-day review period typically associated with
land use decisions. The complete record is available for inspection at the Planning Division and at the
following link: https://www.deschutes.org/cd/page/247-21-000616-pa617-zc-applicant-initiated-plan-
amendment-and-zone-change. Moreover, the complete record will be available at the public hearing.
V. NEXT STEPS
At the conclusion of the public hearing, the Board can choose one of the following options:
Continue the hearing to a date and time certain;
Close the oral portion of the hearing and leave the written record open to a date and time
certain;
Close the hearing and commence deliberations.
ATTACHMENTS:
1) Area Map
2) Hearings Officer Recommendation/Decision
Deschutes County GIS, Sources: Esri, USGS, NOAA
247-21-000616-PA, 617-ZC
Date: 1/7/2022
0 1,250 2,500625ft
±
1 inch = 1,505 feet
Owner Agent InCareOf Address CityStZip Type cdd id
HIGHAM,MICHAEL E & DONNA G 63225 PETERMAN LN BEND, OR 97701 Hearings Officer Decision 21-616-PA, 21-617-ZC
CONRAD,KURT J & SUSAN L 22220 PARKER LN BEND, OR 97701 Hearings Officer Decision 21-616-PA, 21-617-ZC
FANCHER, LIZ 2465 SACAGAWEA LN BEND, OR 97701 Hearings Officer Decision 21-616-PA, 21-617-ZC
Joe Bessman Transight Consulting Via Email Hearings Officer Decision 21-616-PA, 21-617-ZC
SWISHER, DAVE 250 NW FRANKLIN AVE, STE 401 BEND, OR 97703 Hearings Officer Decision 21-616-PA, 21-617-ZC
Central Oregon LandWatch Carol Macbeth 2843 NW Lolo Drive Bend, OR 97703 Hearings Officer Decision 21-616-PA, 21-617-ZC
1000 Friends of Oregon Andrew Mulkey PO Box 40367 Portland, OR 97240 Hearings Officer Decision 21-616-PA, 21-617-ZC
Owner Agent InCareOf Address CityStZip Type cdd id
HIGHAM,MICHAEL E & DONNA G 63225 PETERMAN LN BEND, OR 97701 Hearings Officer NOD 21-616-PA, 21-617-ZC
CONRAD,KURT J & SUSAN L 22220 PARKER LN BEND, OR 97701 Hearings Officer NOD 21-616-PA, 21-617-ZC
FANCHER, LIZ 2465 SACAGAWEA LN BEND, OR 97701 Hearings Officer NOD 21-616-PA, 21-617-ZC
Joe Bessman Transight Consulting Via Email Hearings Officer NOD 21-616-PA, 21-617-ZC
SWISHER, DAVE 250 NW FRANKLIN AVE, STE 401 BEND, OR 97703 Hearings Officer NOD 21-616-PA, 21-617-ZC
Central Oregon Irrigation District 1055 SW Lake Ct Redmond, OR 97756 Hearings Officer NOD 21-616-PA, 21-617-ZC
Central Oregon LandWatch Carol Macbeth 2843 NW Lolo Drive Bend, OR 97703 Hearings Officer NOD 21-616-PA, 21-617-ZC1000 Friends of Oregon Andrew Mulkey PO Box 40367 Portland, OR 97240 Hearings Officer NOD 21-616-PA, 21-617-ZC
WILCOX,COREY D & JANELLE D 63370 PETERMAN LN BEND, OR 97701 Hearings Officer NOD 21-616-PA, 21-617-ZC
CHONG TRUST LONG, HAO & CHAO, YU PING ADA TTEES 63358 PETERMAN LN BEND, OR 97701 Hearings Officer NOD 21-616-PA, 21-617-ZCJAMES A WEEKS REVOCABLE TRUST WEEKS, JAMES A TTEE 63325 PETERMAN LN BEND, OR 97701 Hearings Officer NOD 21-616-PA, 21-617-ZC
EMICK,ANTHONY C & BALL,TINA M 63355 PETERMAN LN BEND, OR 97701 Hearings Officer NOD 21-616-PA, 21-617-ZC
DON SWISHER TRUST ETAL SUCCESSOR TRUSTEE C/O DAVE SWISHER 250 NW FRANKLIN AVE #STE 401 BEND, OR 97703-2814 Hearings Officer NOD 21-616-PA, 21-617-ZCRICHARD SUTTER LIVING TRUST SUTTER, RICHARD I TTEE 63488 ABBEY RD BEND, OR 97701 Hearings Officer NOD 21-616-PA, 21-617-ZC
SCHRIER LIVING TRUST ET AL SCHRIER, MICHAEL L TTEE ET AL PO BOX 126 HUBBARD, OR 97032 Hearings Officer NOD 21-616-PA, 21-617-ZC
JARVIS,MARK S & CYNTHIA M 63400 SILVIS RD BEND, OR 97701 Hearings Officer NOD 21-616-PA, 21-617-ZC
FREEMAN, MATTHEW B & JAMIE 22050 NE BUTLER MARKET RD BEND, OR 97701 Hearings Officer NOD 21-616-PA, 21-617-ZC
MCOMBER HOLDINGS LLC PO BOX 1851 BEND, OR 97709 Hearings Officer NOD 21-616-PA, 21-617-ZC
TURLEY, BRANDON L 22110 BUTLER MARKET RD BEND, OR 97701 Hearings Officer NOD 21-616-PA, 21-617-ZC
PALMER,KINGDON P JR & CINDY A 22130 BUTLER MARKET RD BEND, OR 97701 Hearings Officer NOD 21-616-PA, 21-617-ZC
BARTZ, EDWARD G ET AL 22160 BUTLER MKT RD BEND, OR 97701 Hearings Officer NOD 21-616-PA, 21-617-ZCBROWN, JOHN A ET AL 22190 BUTLER MKT RD BEND, OR 97701 Hearings Officer NOD 21-616-PA, 21-617-ZC
EDWARD & JULIE DENFELD TRUST DENFELD, EDWARD JAMES TTEE ET AL 63215 PETERMAN LN BEND, OR 97701 Hearings Officer NOD 21-616-PA, 21-617-ZC
BLACKMAN, TERESA ANNE & SCOTT 22249 PARKER LN BEND, OR 97701 Hearings Officer NOD 21-616-PA, 21-617-ZCMCCAUL, KEVIN E & JANETTE M 22229 PARKER LN BEND, OR 97701 Hearings Officer NOD 21-616-PA, 21-617-ZC
SWEEN, TODD A & MELISA V 22240 PARKER LN BEND, OR 97701-9762 Hearings Officer NOD 21-616-PA, 21-617-ZC
PEVERIERI, LEONARD & ANGELA M 63285 PETERMAN LN BEND, OR 97701 Hearings Officer NOD 21-616-PA, 21-617-ZC
CITY OF BEND PO BOX 431 BEND, OR 97709 Hearings Officer NOD 21-616-PA, 21-617-ZC
DINGER, PAUL & LAURA ANN 63311 ABBEY RD BEND, OR 97701 Hearings Officer NOD 21-616-PA, 21-617-ZC
CENTRAL OREGON IRRIGATION DIST. ELECTRONIC Hearings Officer NOD 21-616-PA, 21-617-ZC
DEPT. OF LAND CONSERV. & DEVEL. 1011 SW EMKAY DR., SUITE 108 Bend, OR 97702 Hearings Officer NOD 21-616-PA, 21-617-ZC
DESCHUTES CO. SR. TRANS. PLANNER ELECTRONIC Hearings Officer NOD 21-616-PA, 21-617-ZCOREGON DEPT. OF AVIATION, PROJ. & PLANNING DIV. Electronic Hearings Officer NOD 21-616-PA, 21-617-ZC
WATERMASTER - DISTRICT 11 ELECTRONIC Hearings Officer NOD 21-616-PA, 21-617-ZC
BEND MUNICIPAL AIRPORT (CITY OF BEND) AIRPORT MANAGER / ECONOMIC DEVELOPMENT P.O. BOX 431 Bend, OR 97709 Hearings Officer NOD 21-616-PA, 21-617-ZC