1989-15292-Ordinance No. 89-012 Recorded 6/15/1989Ll
89-1292
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DES
An Ordinance Amending Ordinance
No. PL -20, the Deschutes County
Year 2000 Comprehensive Plan, As
Amended, to Take an Exception to
Statewide Land Use Planning Goal 3,*
to Change the Designation of Cer- *
tain Property From EFU-20 to Rural *
Residential, and Declaring an
Emergency.
ORDINANCE NO. 89-012
REVIEWED
E
L.EGAI. COUNSEL �
E's -M' fffl�
WHEREAS, Deschutes County proposed the redesignation of
certain property from EFU-20 to Rural Residential; and
WHEREAS, such redesignation requires the taking of an
exception to Statewide Land Use Planning Goal 3; and
WHEREAS, notice of hearing was given in accordance with law;
and
WHEREAS, the Hearings Officer held a hearing on the proposed
goal exception and redesignation of property on April 4, 1989;
and
WHEREAS, the Hearings Officer recommended the proposed goal
exception and redesignation of property by decision dated April
7, 1989; and
WHEREAS, the decision of the Hearings Officer has not been
appealed; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. An exception to Statewide Land Use Planning
Goal 3 is hereby adopted for the property described in
Exhibit "A," attached hereto and by this reference incorporated
herein, and depicted on the map marked Exhibit "B," attached
hereto and by this reference incorporated herein.
Section 2. Ordinance No. PL -20, the Deschutes County Year
2000 Comprehensive Plan, as amended, is further amended to redes-
ignate that certain property described in Exhibit "A," and
depicted on the map marked Exhibit "B," from EFU-20 to Rural
Residential.
Section 3. The Board of County Commissioners adopts as its
reasons for the taking of an exception to the goal, and as its
findings and conclusions in support of the plan amendment, the
1 - ORDINANCE NO. 89-012
.r
0095 1706
Findings and Decision of the Hearings Officer, dated April 7,
1989, relating to Plan Amendment Application No. PA -89-1, marked
Exhibit "C," attached hereto and by this reference incorporated
herein, with the following modification:
The Board finds that:
1. Trapper Point Subdivision received final approval on
October 16, 1980.
2. The plan amendment is subject to and conforms with
OAR 660-04-028, concerning exceptions for lands irrevocably
committed to other uses.
Section 4. This Ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Ordinance takes effect on its
passage.
DATED this 4 -7 day of
ATTEST:
64wl�
Recording ecretary
2 - ORDINANCE NO. 89-012
�k'rL� , 1989.
/OARD OF COUNTY COM�IONERS
OF,j*CHU�S gOUNT , REGQN
, cna.ir
)oPygm"ione r�'
DI(W'A MLIN; CoMmissioner
EXHIBIT "A" 0095 1707
A tract of land situated in the Northwest one-quarter of
Section 4, Township 15 South, Range 10 East, Willamette
Meridian, being described as follows:
Commencing at the Northwest corner of said Section 4 thence
South 00 degrees 03140" East 1318.86' along the Easterly line
of Section 4 to a point being on the Northerly right-of-way
line of Trapper Point road; thence South 00 degrees 03145"
East 300.411, to the south line of Trapper Point 1st Addition
thence leaving said Easterly line North 89 degrees 57126"
East 1320.031, thence North 00 degrees 04124" West 329.421,
thence North 89 degrees 59157" West 251.431, thence South 00
degrees 05107" East 162.991, thence North 89 degrees 54159"
East 1038.57' to the Easterly right-of-way of Camp Polk Road,
thence Northerly along the said right-of-way to the North
line of Section 4, thence South 89 degrees 44110" West
2639.41'along said line to the true point of beginning.
�..
y� soo
16 17 �
900 5
's^■ soo•
4000 " _ ' V V U �V
'EXHIBIT 11B" 1>00 . r\ 4 4
1000
T2.r�1Y .•• i „ .. .
4100- 4200 2600 2 r_ 1
it
12
X1371 L fU9_�LFN �'�, 2700 R1\ `�> 1600 6
4300 4400 j 6 • 81) 3
f 12 6 1300
13 12
( 1900
> 7 1001
4:,00.^I t1260b . 4
2i(3� 2300 2200 2000 1200
4600
2400 y2100 +r
b1 s. 'tofu 0 7
4 f 01 Z
�_ 703
R
9 5200 Sapp 5400 $500
11 g\. taf✓. 7 600
4600 �W.t• 5 3000 3 2 J• 1 .
4900 �.•,g�•� 1
s
3 h 33 6
I
1
100 .4. _300, _ 113 112 111
jAf
306 !
312 it 4C / N� .•L,� too .. n
109
—,w-0, . 106 x
=� J - • -� ` S 3� 100
--------------------- Ea A. - 105
^ 306
y;• t�
Y - - V
J
el —J.
of
L 300 1106
Moo
e�' .tw ' 13 I•� 1
400` SEE MAP
s00 _ 6 •, yy ;� 15 10 4CB
A , 00
3 too -See
-Map _See N
FI Fs s,{ co Fc']D
700 _
4 '
"o .\ 5 4... 6 %� q,, F2 11 1
SEE MAP
15 10 4DC
6-.f
1306
1
�--�
SEE MAP
15 10 4[
• EXHIBIT "C" 0095 1709
FINDINGS AND RECOMMENDATION
FILE NO. PA -89-1
APPLICANT: Deschutes County
Administration Building
Bend, OR 97701
REQUEST: An application for a Plan Amendment to amend
the Comprehensive Plan designation within and
directly around Trapper Point Subdivision from
Agricultural to Rural Residential.
PLANNING STAFF
REPRESENTATIVE: Mark D. Shipman
BURDEN OF PROOF: The applicant must establish that the proposed
Plan Amendment and Zone change conforms with
Oregon Administrative Rule 660-04-020.
PRELIMINARY FINDINGS
1. LOCATION:
The subject area is located north of Sisters, West of Camp
Polk Road in the Northwest Quarter of Section 4, Township 15
South, Range 10 East.
2. ZONE:
The subject area is currently zoned EFU-20, Exclusive Farm
Use, and is designated as Agriculture on the Deschutes
County Comprehensive Plan.
HEARING AND EXHIBITS
A hearing was held on the above -referenced application on April
4, 1989, at the Deschutes County Administration Building. The
following exhibits make up the record in this matter:
A. December 7, 1988 letter of Oscar Spliid;
B. January 24, 1989 Memo from the Deschutes County
Planning Department;
C. Area map and map of the land subject to the Plan
Amendment;
D. Staff Report; and
E. Goodrich letter dated March 28, 1989.
-1- FINDINGS AND RECOMMENDATION, File No. PA -89-1
0095 1'710
FINDINGS OF FACT
1. The subject area is approximately 90 acres in size. It
consists of two subdivisions; Trapper Point and Trapper
Point First Addition, and six surrounding parcels. There
are a total of 21 lots within this area. . The area received
preliminary approval on April 20, 1979 for 15 lots. Trapper
Point received final approval on October 16, 1989, and /
Trapper Point First Addition received final approval on
October 7, 1981.
2. The topography is generally level with a vegetative covering
of juniper trees, ponderosa pine trees, bitterbursh and
native grasses. Approximately 50% of the lots in this
subdivision have homes built on them. The soil
classification in the area is Lundgren Sandy Loan (VIIs).
3. Access into the area is off of Trapper Point Road which is a
graded road approximately 36' wide with an aggregate
surface.
4. Land uses in the surrounding area consist of Indian Ford
Meadows Subdivision to the north and northweast, U. S.
Forest Service land to the west and northwest. Directly
south are two large parcels that are in hay cultivation.
Further south (900') is the Sisters Urban Growth Boundary.
To the east is the Sisters Airport and the Barclay Meadows
Subdivision.
5. The applicant intends to amend the Comprehensive Plan
designation in.- this area from Agriculture to Rural
Residential. The applicant has also submitted a Zone Change
application in conjunction with this request.
6. The zoning of the area at the time of the Preliminary
Approval was SR -1, Suburban Residential and R-1, Urban
Residential. Between the preliminary approvals and final
approvals the Zoning and Comprehensive Plan designation on
the subject parcels was changed to EFU-20, Exclusive Farm
Use.
7. Out of the 21 ---lots, 16 of these average five acres in size,
and the remaining five lots averge two acres in size. At
this date, 52% (11) of the lots have single-family dwellings
built on them.
8. There are no irrigation rights allocated to the parcels.
Water is provided by individual wells. The sewer system is
individual septic tanks and drainfields. Power lines and
telephone lines are installed underground.
-2- FINDINGS AND RECOMMENDATION, File No. PA -89-1
0095 1711
CONCLUSIONARY FINDINGS
Conformance with the Deschutes County Comprehensive Plan:
The applicable sections out of the Comprehensive Plan which
directly relate to this request are Rural Development and
Agriculture.
RURAL DEVELOPMENT
The applicable goals and policies of the Rural Development
Section of the Comprehensive Plan state:
GOALS:
1. To preserve and enhance the open spaces, rural character,
scenic values and natural resources of the County.
2. To guide the location and design of rural development so as
to minimize the public costs of facilities and services, to
avoid unnecessary expansion of service boundaries, and to
preserve and enhance the safety and viability of rural land
uses.
3. To provide for the possible long term expansion of urban
areas while protecting the distinction between urban
(urbanizing) lands and rural lands.
The proposed changes of the subject area from Agriculture to
Rural Residential will not change the number of lots in the
existing subdivision. Thus the rural character, open spaces
and scenic values of this area will remain generally the
same.
The proposed changes would not require the extension of
service boundaries, as all necessary services and utilities
are currently provided.
The proposed changes would not alter the character of the
area, and thereby reduce the protection between urbanizing
lands and rural lands. Part of the subject area between
1972 and 1979 was considered Urban Residential, and this
change from R-1 to EFU-20 appears to have been a mistake.
vnT_TrTFS
There are no policies in the Rural Development Section of the
Comprehensive Plan which speak directly or indirectly toward this
change.
-3- FINDINGS AND RECOMMENDATION, File No. PA -89-1
0095 1'712
AGRICULTURE
GOAL:
To preserve agricultural land in Deschutes County for the
production of farm and forestry products, as well as the public
need for open space.
The key issue is whether or not the subject area is "agricultural
land". The soils in the area are generally Class VII. Prior to
the subdivision of the land, there was irrigation water allocated
to the parcel, but these rights were transferred off as part of
the platting process.
The Hearings Officer believes that without irrigation water the
soils in the area do not qualify as agricultural land.
POLICIES
ZONING:
1. All lands meeting the definition of agricultural lands shall
be zoned Exclusive Farm Use,.unless an exception to State
Goal #3 is obtained so that the Zoning may be Multiple Use
Agriculture.
2. A change from an EFU Zone to a non-EFU Zone (except SM or
SMR) shall require a Plan Amendment (see exceptions maps).
A. During the exceptions process for agricultural lands
the subject area was left out. No exception to Goal #3
was taken, although preliminary approval for the 15 lot
subdivision was in effect.
B. Exception criteria to Goal #3, for Land Irrevocably
Committed to Other Uses as outlined in OAR 660-04-08(6)
(a -g) : --
(a) Existing Adjacent Uses: The land use map
indicates the southern part of Indian Ford Meadows
Subdivision to the north and northeast with lot
sizes ranging between three acres to ten acres.
Directly south are two larger parcels that are in
hay cultivation. Futher south is the Sisters
Urban Growth Boundary and City Limits. To.the
east is the Sisters Airport and Barclay Meadows
Subdivision. The the West is U. S. National
Forest Service land.
(b) Existing Public Facilities and Services in the
subject area consist of underground power and
phone lines. Water is provided by individual
wheels, and sanitation by underground septic
systems.
-4- FINDINGS AND RECOMMENDATION, File No. PA -89-1
0095 1'713
(c) Parcel size and ownership patterns of the exeption
area and adjacent lands:
The lot sizes in Trapper Point run between 2.5
acres and 5 acres in size. Trapper Point Road
cuts through the area and is an "S" shape from
Camp Polk Road, and stops short of Pine Street
which runs near the westerly boundary of this
subdivision. The majority of the lots are under
separate ownership, with only four vacant lots
( Lots 6 and 7, Block 2 ) ( Lots 5 and 6, Block 1) ,
owned by the same party. These lots are separated
by the road, and by two other parcels with homes
on them.
Block 7 of Indian Ford Meadows borders the area to
the north. Lot sizes range between seven acres to
ten acres in size.
Both Trapper Point and Trapper Point First
Addition received preliminary approval in April of
1979. The Hearings Officer made findings that the
proposed subdivision was in compliance with Goals
#3, 6, 9, 11 and 14.
(d) Neighborhood and Regional Characteristics:
See Basic Findings "C". The subject area is
slightly north of the Urban Growth Boundary of
Sisters. It can be best characterized as Suburban
Residential, surrounded by Rural Residential with
a small area devoted to agriculture and U. S.
Forest Service property to the west.
(e) Natural or man-made features or other improvements
separating the exception area from adjacent
resource land:
The subject area is separated from the National
Forest land by Pine Street. The subject area is
separated from the agricultural area by ponderosa
pine trees, and by a 15' utility easement which
runs along the entire southern border of the
subdivision.
(f) Physical Development:
As identified in Exhibit "A", there are 15 platted
lots of record, an six additional lots of record
with a graded cindered .road approximately 28-30'
wide running through the subject area. There are
11 homes existing with one under construction,
scattered throughout the area. There also are
-5- FINDINGS AND RECOMMENDATION, File No. PA -89-1
0095 1'714
underground power and electical lines throughout
this area.
CONCLUSIONARY FINDING
The Hearings Officer finds that the subject property is
irrevocably committed to Rural Residential land uses as opposed
to Agricultural land uses. BASED UPON this conclusion, it is
recommended by the Hearings Officer to the Deschutes County Board
of Commissioners that this Plan Amendment exception to Statewide
Planning Goal No. 3 from EFU to RR be APPROVED.
DATED and MAILED this 7th day of April, 1989.
!� S
EDWARD P. FITCH
Hearings Officer
cc: BOCC
Deschutes County Planning Director
Deschutes County Planning Commission
-6- FINDINGS AND RECOMMENDATION, File No. PA -89-1