1989-15293-Ordinance No. 89-013 Recorded 6/15/1989WHEREAS, notice of hearing was given in accordance with law;
and
WHEREAS, the Hearings Officer held a hearing on the zone
change on April 4, 1989; and
WHEREAS, the Hearings Officer recommended that the zone
change requested for the subject property be approved, by deci-
sion dated April 18, 1989; and
WHEREAS, the decision of the Hearings Officer has not been
appealed; and
WHEREAS, the recommended zone change requires the taking of
a goal exception and the amendment of the Deschutes County Year
2000 Comprehensive Plan to redesignate the subject property; and
WHEREAS, by Ordinance No. 89-012, the Board of County
commissioners adopted the necessary goal exception and comprehen-
sive plan amendment; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. That Ordinance No. PL -15, Deschutes County
Zoning Ordinance of 1979, as amended, is further amended to
change the zone designation on the subject 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, from EFU-20 to
Rural Residential.
1 - ORDINANCE NO. 89-013
IiL.Y '�ovt „L.
REVIEWED
• 89-1!5293
tl_
LEGAL CC:;NSIEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC
OUNT,-om-
An Ordinance Amending Ordinance
ES--CY--
0095 1715
No. PL -15, Deschutes County Zoning
Ordinance of 1979, as Amended,
Changing the EFU-20 Zone Designa-
tion to Rural Residential on an
Approximately 90 -Acre Parcel of
Real Property Located in Section 4,*
Township 15 South, Range 10 East of*
the Willamette Meridian, Deschutes
County, Oregon, and Declaring an *
=:1; t
Emergency.
ORDINANCE NO. 89-013'',�.
r
WHEREAS, Deschutes County proposed a zone
change frog Eki-20
to Rural Residential on certain real property;
and
WHEREAS, notice of hearing was given in accordance with law;
and
WHEREAS, the Hearings Officer held a hearing on the zone
change on April 4, 1989; and
WHEREAS, the Hearings Officer recommended that the zone
change requested for the subject property be approved, by deci-
sion dated April 18, 1989; and
WHEREAS, the decision of the Hearings Officer has not been
appealed; and
WHEREAS, the recommended zone change requires the taking of
a goal exception and the amendment of the Deschutes County Year
2000 Comprehensive Plan to redesignate the subject property; and
WHEREAS, by Ordinance No. 89-012, the Board of County
commissioners adopted the necessary goal exception and comprehen-
sive plan amendment; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. That Ordinance No. PL -15, Deschutes County
Zoning Ordinance of 1979, as amended, is further amended to
change the zone designation on the subject 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, from EFU-20 to
Rural Residential.
1 - ORDINANCE NO. 89-013
IiL.Y '�ovt „L.
0095 1'716
Section 2. To adopt the Findings and Recommendation of the
Hearings Officer, dated April 18, 1989, relating to Zone Change
Application No. ZC-89-1, marked Exhibit "C," attached hereto and
by this reference incorporated herein, as the findings of the
Board of County Commissioners in support of the zone change, with
the following modifications:
The Board finds that:
1. Trapper Point Subdivision received final approval on
October 16, 1980; and
2. The zone change is subject to and conforms with
OAR 660-04-028, concerning goal exceptions for lands
irrevocably committed to other uses.
Section 3. This Ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Ordinance takes effect on its
passage.
DATED this day of
AT EST:
R cording re ary
2 - ORDINANCE NO. 89-013
EX.HIBIT "A"
0095 1717
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 1'62.991, 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.
10
L�.HIBIT „B„
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` EXHIBIT "C"
0095 1719
FINDINGS AND RECOMMENDATION
FILE NO. ZC-89-1
APPLICANT: Deschutes County
Administration Building
Bend, OR 97701
REQUEST: An application for a Zone Change to amend the
Zoning designation within and directly around
Trapper Point Subdivision from EFU-20 to RR -
10.
PLANNING STAFF
REPRESENTATIVE: Mark D. Shipman
BURDEN OF PROOF: The applicant must establish that the proposed
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. ZC-89-1
0995 1'720
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 (VITs).
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 northwest, 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 change the Zoning designation
in this area from EFU-20, Exclusive Farm Use to RR -10, Rural
Residential. The applicant has also submitted a Plan Amendment
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.
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.
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. ZC-89-1
0®95 1721
CONCLUSIONARY FINDINGS
Conformance with Section 10.025 of PL -15.
"Section 10.025. REZONING STANDARDS. The application for a
quasi-judicial rezoning must establish that the public
interest is best served by a rezoning of the property.
Factors to be demonstrated by the applicant are:
(1) That the change conforms with the Comprehensive Plan,
and the change is consistent with the Plans's
introductory goals."
The Planning Division made Findings of Fact in the
Staff Report in the Plan Amendment, that the proposed
change does conform with the Comprehensive Plan.
"(2) That the change in classification for the subject
property is consistent with to purpose and intent of
the proposed zone classification."
The purpose of the Rural Residential (RR -10) Zone is as
follows:
Purpose: The purposes of the Rural Residential Zone are
to provide rural residential living
environments; to provide standards for rural
land use and development consistent with
desired rural character and the capability of
the land and natural resources; to manage the
extension of public services; to provide for
-public review of nonresidential uses; and to
balance the public's interest in the
management of community growth with the
protection of individual property rights
through review procedures and standards.
Uses Permitted Outright
(A) Single family dwelling, including mobile
home on an individual lot in compliance
with Section 5.130 of this Ordinance.
The Planning Division believes that this
request is consistent with the purpose
and interest of the RR -10 Zone.
"(3) That _changing the zoning will presently serve the
public health, safety and welfare considering• the
folloiwng factors:
a. The availability and efficiency of providing
necessary public services and facilities.
-3- FINDINGS AND RECOMMENDATION, File No. ZC-89-1
r
0995 1'722
b. The impacts on surrounding land use will be
consistent with the specific goals and
policies contained within the Comprehensive
Plan."
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 will 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.
"(4) That there has been a change in circumstances since the
property was last zoned, or a mistake was made in the
zoning of the property in question."
A mistake was made in the zoning of the subject area.
First, during 1972-1979, the area was designated as
urban Residential R-1 and Suburban Residential, SR -1.
Second, the six parcels outside of the Trapper Point
Subdivision were created. Third, the Trapper Point
Subdivisions received approval to create 15 lots at a
suburban -rural residential density.
CONCLUSIONARY FINDING
BASED UPON the above findings, the Hearings Officer finds that
the subject area is irrevocably committed to Rural Residential
uses and, therefore, recommends that this Zone Change request be
APPROVED.
DATED and MAILED this 18th day of April, 1989.
/cI FDWARD P. FITCH
EDWARD P. FITCH
Hearings Officer
cc: BOCC
Deschutes County Planning Director
Deschutes County Planning Commission
-4- FINDINGS AND RECOMMENDATION, File No. ZC-89-1