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1998-12063-Ordinance No. 98-017 Recorded 2/18/1998REVIEWED AS TO FORM REVIEWED IL) CODE REVIEW COMM. 98-Z2O63 - — 6 1—LEGAL C.�� �N�e!0? — 012 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COU (-jG4 26 co yA'• "'Y"4 An Ordinance Amending PL -20, the Deschutes * c County Comprehensive Plan, to Adopt an * , Exception from Goal 3 and to Change the * = -0 Plan Map Designation for Certain Property, and Declaring an Emergency. w ORDINANCE NO. 98-017 WHEREAS, the City of Prineville Railway submitted a request for a quasi-judicial amendment to the Deschutes County Comprehensive Plan Map to change the plan designation for certain property from Agriculture to Open Space and Conservation; and WHEREAS, such an application requires the County to adopt an Exception from Goal 3 for the subject property; and WHEREAS, the Deschutes County Hearings Officer approved the proposed plan map amendment after a hearing was held on December 2, 1997, and the decision of the Hearings Officer has not been appealed; and WHEREAS, after notice was given and hearing conducted according to applicable law, the Board of County Commissioners has considered the Hearings Officer's recommendation; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. ADOPTION OF EXCEPTION. That PL -20, the Deschutes County Comprehensive Plan, is amended by the adoption of a "Developed Exception" to Goal 3 for the land described in Exhibit "A" and shown in Exhibit "B," attached hereto and by this reference incorporated herein, and by amending the Exception Statement by adoption of an exception statement as set forth in Exhibit "C," attached hereto and by this reference incorporated herein for the subject land described in Exhibit "A" and shown in Exhibit "B." Section 2. ADOPTION OF PLAN MAP AMENDMENT. The Deschutes County Comprehensive Plan Map is amended to change the plan designation for the property described in Exhibit "A" and shown in Exhibit "B," attached hereto and by this reference incorporated herein, from Agriculture to Open Space and Conservation. PAGE 1 of 2 - ORDINANCE NO. 98-017 (2/11/98). A MICROFILMED APR 0 11998 0164-0127 Section 3. FINDINGS. Findings to support this ordinance are set forth in the Decision of Deschutes County Hearings Officer dated December 22, 1997, relating to Plan Amendment application PA -97-9 and Zone Change application ZC-97-5, as set forth in Exhibit "D," attached hereto and by this reference incorporated herein. Section 4. EMERGENCY. 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, , 1998. ATTEST: Recording Secretary NANCY OF COUNTY COM =TE&COUNTY L. NIPPER, INDA L. SW ARING , Commissioner PAGE 2 of 2 - ORDINANCE NO. 98-017 (2/11/98) 01640128 LEGAL DESCRIPTION ZONE CHANGE PORTION OF CITY OF PRINEVILLE RAILWAY PROPERTY LOCATED IN THE SW1/4 NW1/4 SECTION 34, T.14S., R -13E., W.M., DESCHUTES COUNTY, OREGON LEGAL DESCRIPTION A parcel of land being a portion of the Southwest one-quarter of the Northwest one- quarter (SW1/4 NW1/4) of Section 34, Township 14 South, Range 13 East, W.M., Deschutes County, Oregon, being a portion of that land conveyed to the City of Prineville Railway recorded on April 6, 1981 in Deed Book 338 at Page 868, Records of Deschutes County, Oregon, more particularly described as follows: Beginning at the Southeast corner of said SW1/4 NW1/4, thence South 89°42'27" West along the South line of said SW1/4 NW1/4 a distance of 223.76 feet to the Southeast corner of that parcel of land conveyed to Oregon Trunk Railway, a Washington Corporation, recorded on September 10, 1955 in Deed Book 111 at Page 343, Records of Deschutes County, Oregon; thence North 03°42'53" West along the Easterly line of said parcel a distance of 98.30 feet to the Northeast corner of said parcel; thence South 80°18'47" West along the Northerly line of said parcel a distance of 27.00 feet to the Easterly line of the Oregon Trunk Railroad; thence along said Easterly line around a 5779.65 feet radius chord definition curve left a distance of 323.23 feet, long chord bears North 11045'36" West, 323.20 feet to the as -built centerline of the City of Prineville Railway line; thence along said centerline around a 350.38 feet radius non-tangential chord definition curve left a distance of 385.71 feet, long chord bears South 61°34'02" East, 367.65 feet to the East line of said SW1/4 NW1/4; thence South 00°10'12" West along said line a distance of 233.78 feet to the point of beginning containing 1.63 acres more or less. SUBJECT TO the right of ways Yucca Avenue and O'Neil Way roads. REGISTERED PROFESSIONAL LAND SURVEYOR] r OREGON AUGUST 22, 1975 DAVID B. ARMSTRONG 1026 CAWPDOCS\1622LEG. DOC Lt " Exhibit /4 Page I of r Ordinance qO `o� 05 4000 3" "°' w 13 30 Exhibit Page.......L.- of := x �rr oI m � F _ 3" "°' w 13 30 Exhibit Page.......L.- of 0164-01.30 EXHIBIT "C" In conjunction with approval of PA-97-9/ZC-97-5, an exception to Statewide Planning Goal 3, Agricultural Lands, was taken to allow for the subject comprehensive plan and zone change on agricultural land. The plan amendment and zone change will accommodate the relocation of the Redmond Railway Depot to the subject property and the use of this site for an historic structure to be utilized in conjunction with the Crooked River Dinner train operation. Reasons justifying why the state policy embodied in Goal 3 should not apply in this situation are set forth in Exhibit "D"to ordinance 98-017, which findings are incorporated herein by reference. Exhibit " G Page 1 of Ordinance qe` 0 DECISION OF DESCHUTES COUNTY HEARINGS OFFICE 164-013 , FILE NUMBERS HEARING DATE APPLICANT: PROPERTY OWNER PA-97-9/ZC-97-5 December 2, 1997, 1997 City of Prineville Railway 185 E. 10th Prineville, OR 97754 City of Prineville Railway DEC 1997 DESSccHt U�'fEg COUNTY REQUESTS: PA -97-5 An application for a Plan Amendment to amend the Deschutes County Comprehensive plan map designation of the subject property from Exclusive Farm Use to Open Space and Conservation. ZC-97-9 An application for a Zone Change to amend the Deschutes County Zoning Map to change the zoning on the subject property from Exclusive Farm Use-Terrebonne Subzone to Open Space and Conservation. . STAFF CONTACT: Brian Harrington, Associate Planner I. APPLICABLE CRITERIA A. Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance: Chapter 18.16, Exclusive Farm Use Zones Section 18.16.020, Uses permitted outright Section 18.16.030, Conditional uses permitted - High value and nonhigh value farmland. Chapter 18.48, Open Space and Conservation OS&C Zone. Section 18.48.020, Uses Permitted Outright Section 18.48.030, Conditional Uses Permitted Section 18.48.040, Limitations on Conditional Uses. Chapter 18.136.010, Amendments Section 18.36.010, Amendments Section 18.136.020, Rezoning Standards Section 18.136.030, Resolution of Intent to rezone. Section 18.136.040, Record of Amendments B. Oregon Administrative Rules, Chapter 660 Division 4, Interpretation of Goal 2 Exception. OAR 660-04-010, Application of the Goal 2 Exception Process to Certain Exhibit u40 Page _.1- of � SPA s7-sizc s�-s� Ordinance - o Goals I� OAR 660-04-015, Inclusions as Part of the Plan 0164-0132 OAR 660-04-018, Planning and Zoning for Exception Areas OAR 660-04-025, Exception Requirements for Land Physically Developed to Other Uses OAR 660-04-030, Notice and adoption of an exception C. Title 22, of the Deschutes County Code, the County Development Procedures Ordinance D. Deschutes County Year 2000 Comprehensive Plan H. FINDINGS OF FACT A LOCATION: The subject property is at 4075 NE O'Neil Way, Redmond and is identified on Deschutes County Assessor's map 14-13-34 as tax lot 500. B. ZONING: The subject property is currently zoned EFU-TE, Exclusive Farm Use- Terrebonne subzone. The subject property is located within the Surface Mining Impact Area Combining Zone. C. SITE DESCRIPTION: The subject site comprises the southern 1.25 acres of a 10.58 acre parcel. According to the site plan submitted by the applicant and staff site visit on November 17, 1997, the site is flat, triangular in shape approximately 1.25 acres in size. Railroad tracks surround the site. A COI irrigation canal (F-6 lateral facility) borders the subject property on the south side and is located within a 20' right of way which crosses the south end of the site adjacent to O'Neil Way. A telephone line bisects the site. The site contains an existing improved parking area for staff and visitors and has been graded and landscaped on the perimeter with a mixture of native plants, sagebrush, bitterbrush and large lava rocks. D. SURROUNDING LAND USES: The site is bounded by railroad tracks and right of way. The land to the south is zoned for rural residential use and contains small hobby farms. A large shop and equipment repair yard is located across the tracks and road to the southeast of the site. The lands to the north, east and west is zoned Exclusive Farm Use in various levels of livestock, hay and irrigated pasture operations. E. PROPOSAL: The applicant has submitted concurrent requests for a plan amendment and zone change for the site. The applicant has requested that both the Deschutes County Comprehensive Plan map and the Official Zoning map be amended so that the plan designation and the zoning applicable to the subject property will be changed from Exclusive Farm Use-Terrebonne subzone EFU-TE to OS&C, Open Space and Conservation. The applicant states that the Redmond Railroad Depot building will be relocated to this site. Exhibit Page 2— of I Ordinance �� t 2 (PA 97-92C 97-5) 0164-0133 F. APPLICATION AND BURDEN OF PROOF: Section 22.24.050 of the County Code states that throughout all local land use proceedings the burden of proof rests on the applicant. The applicant has submitted the following documents in support of this burden: A complete land use application. A burden of proof that addresses the applicable decision criteria and includes the following exhibits listed on page 2 of the application. Exhibit A, a Vicinity map Exhibit B, Deschutes County Conditional Use permit and Site Plan approval -1991 Exhibit C, Site Plan Exhibit D, Historic Landmarks Commission Review Application Exhibit E, Approved Septic System Site Evaluation Exhibit F, Access Driveway Permit Application A Supplemental Burden of Proof The application shows the subject property will be served by the following service providers and public facilities: Water: Onsite well Sewer: Onsite septic system Telephone: U.S. West Communications, Inc. Electric: Pacific Power and Light Fire Redmond Fire Department Police: Deschutes County Sheriff Transportation: The application shows the site abuts the Prineville - O'Neil Highway, a principal arterial road. O'Neil Highway is classified as principal arterial in the Deschutes County Comprehensive Plan Transportation Element. The Transportation Element defines a principal arterial as one that carries the major portion of trips entering and leaving the urban area and outlying rural and recreation areas (state highways). According to the 1996 Transportation Volume Tables published June, 1997 by the Oregon Department of Transportation, a traffic count taken at a point 0.01 mile south of the intersection of 5th Street and O'Neil Highway shows 1600 vehicle trips at this juncture Based on this traffic count, and the designed capacity of O'Neil Highway at a rate greater than 7000 ADT's, this data shows O'Neil Highway was operating at 23% of its designed capacity in 1997. G. PUBLIC AGENCY COMMENTS: The Planning Division sent written notice of the public hearing on these requests to several affected public agencies on October 16, 1997 and received the responses set forth in the Staff Report. H. PUBLIC NOTICE AND COMMENTS: Section 22.24.030 of the County Development Procedures Ordinance outlines the requirements for notice on land use actions that will be considered at a public hearing. This section requires that individual notice be mailed to owners of record of. property within 500 feet of the property that is Exhibit Page _�Z_ 3 (PA 97-9/ZC 97-5) Ordinance 6 �`t-G 10", the subject of the application for a plan amendment or zone change. Staff identified the owners of record of property within 500 feet of the site and had individual written notice of the public hearing mailed on October 16, 1997. Staff did not receive any comments from the property owners receiving notice, nor did any one testify in opposition (or in support) at the public hearing. 9. LOT OF RECORD: The subject property is a legal, lot of record, as demonstrated by the authorization of a land use permit to operate the Crooked River train operation at the site in 1991, File #CU-91-63/SP-91-98. 10. PROCEDURAL HISTORY: The public hearing was held on December 2, 1997. As mentioned, only the applicant gave testimony. The record was closed at the conclusion of the hearing. III. CONCLUSIONARY FINDINGS A. CHAPTER 18.136, AMENDMENTS 1. Section 18.136.010, Amendments This title may be amended as set forth in this chapter. The procedures for text or legislative map changes shall be as set forth in chapter 22.12 of this code. A request by a property owner for a quasi-judicial map amendment shall be accomplished by filing an application on forms provided by the Planning Department and shall be subject to applicable procedures of Title 22 of this code. FINDING: The applicant has requested a quasi-judicial comprehensive plan map amendment and zone change from Agriculture/EFU -TE zone to Open Space and Conservation OS&C. The applicant has filed the application on the required forms provided by the Planning Department with the required burden of proof, related maps and site plan. No text changes to the Comprehensive Plan are proposed. 2. Section 18.136.020, Rezoning Standards. A. That the change conforms with the Comprehensive Plan, and the change is consistent with the plan's introductory statement and goals. FINDING: The Deschutes County Comprehensive Plan establishes an overall planning and development framework for the County. The applicant cites portions of the Comprehensive Plan's purpose which is " to provide a general guide to the various decisions which must be made to promote the greatest efficiency and equity possible, while managing the continuing growth and change of the area." In addition, the applicant cites, "the plan must also consider factors other than those of a strictly local nature because the policies must serve not only as an internal guide but also as a way of relating to the larger society of which we are a part." i, 1, 4 (PA 97-9/ZC 97-5) Exhibit Page of 3 Ordinance U t1-01 OD The applicant states this proposed zone change and plan amendment request is supported by Findings of Fact 1 through 22 and Exhibits "A" through "D" in the burden of proof statement. The applicant further states that the findings and exhibits show that the site is surrounded by railroad tracks and paved county roads, is improved with parking areas and landscaping, and that the site can accommodate power, water and an onsite septic system. The applicable comprehensive plan policies and goals are addressed further below. B. That the change in classification for the subject property is consistent with the purpose and intent of the proposed zone classification. FINDING: The applicant is proposing a zone change from Exclusive Farm Use to Open Space and Conservation. The purpose statement of the Open Space and Conservation zone "is to protect designated areas of scenic and natural resources; to restrict development in areas with fragile, unusual or unique qualities, to protect and improve the quality of the air, water, and land resources and to plan development that will conserve open space." The applicant is proposing a zone change that would allow the use of the property to be consistent with a permitted use in the proposed zone. Chapter 18.48.020(8) of the Deschutes County Code allows outright "public and nonprofit agencies, museums and exhibits on lands where an exception has been granted In accordance with OAR 660, Division 4." The proposed (and continued) use of the site as a train depot/museum will be consistent with a permitted use outright in the OS&C zone. The exception will be addressed below. C. That changing the zoning will presently serve the public health, safety and welfare considering the following factors: 1. The availability and efficiency of providing necessary public services and facilities. FINDING: The public services provided to the property are the following: fire protection and emergency services are served by the Redmond Fire Department, on-site septic system will be subject to approval of the Deschutes County Environmental Health Division, water service will be provided by on-site well administered by the Watermaster, power will be provided by Pacific Power, and police protection will be provided by Deschutes County Sheriff. The property is bounded by a principal arterial, O'Neil Highway. These public services and facilities are adequate to accommodate the use and the site, and therefore, this criterion is met. 2. The impacts on surrounding land use will be consistent with the specific goals and policies contained in the Comprehensive Plan. Exhibit Page Ordinance 1*77- 5 (PA 97-9/ZC 97-5) 0164-0.36 FINDING: The surrounding land use contains the following: to the north and west are lands in various levels of farm use, to the south and east are lands in rural residential use zoned MUA-10. This criterion requires an analysis of any mandatory policies that address impacts on surrounding land uses. Staff reviewed the Comprehensive Plan and found the following applicable policies: Growth Management Chapter, Transportation section, page 85, Highways and Roads policy 15 states: "Access onto existing collectors and arterials shall be limited, consolidated and controlled. Access control shall emphasize the coordination of traffic and access patterns to minimize negative effects. Frontage roads and access collection points shall be used wherever feasible (see Oregon Department of Transportation Access Control Guidelines). Site plans shall conform to the County Public Works Department's access control criteria. Area -wide needs, if they are more restrictive should supersede site specific needs." FINDING: Given the existing constrictions of the site, frontage roads are not feasible with this site, nor can access points be consolidated. The access shall conform to the DCPW control criteria. Resource Management Chapter, Agricultural Lands section, Policy 1, page 131 states: "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 or Rural Residential." Agricultural Lands Section, page 131, policy 3 states: "3. Public lands meeting the criteria for EFU zoning shall be so zoned unless some other resource (i.e., forest) or public use exists on the land." Agricultural Lands Section, page 135, policy 20 states: "Farm and non-farm uses in rural areas shall be consistent with the conservation of soil and water." FINDING: The site does not meet the definition of agricultural lands in that the soils are nearly totally covered by a gravel parking facility, railroad tracks and right of way, and an irrigation canal and right of way. Moreover, the lands have not been and are not now irrigated. The proposed use will be consistent with the conservation of soil and water. Resource Management Chapter, Open Space , Areas of Special Concern and Environmental Quality Section, page 142, policy 8, states: 6 (PA 97-9/ZC 97-5) Exhibit Page Ordinance "8. Public ownership of scenic, open space and historic areas should be maintained and increased where feasible and a variety of open space and recreational sites should be maintained to protect the existing natural diversity and to serve the varying needs of both tourists and residents. The natural capabilities of each site should determine its level of use.' FINDING: The site is owned by the City of Prineville Railway, which is owned and operated the City of Prineville. Resource Management Chapter, Historic and Cultural section, page 164, policy 4 states: "4. Plans for the protection of an identified historic or cultural site shall be submitted to the Historic Landmarks Commission for approval with any application for subdivision or development of such site or area." FINDING: The Deschutes Count Landmarks Commission has approved the applicant's plan to re -locate the historic Redmond Depot to the site. D. That there has been a change in circumstances since the property was last zoned, or a mistake in the zoning of the property in question. FINDING: The applicant contends that this site was mistakenly zoned Exclusive Farm Use. In support, the applicant states that this site has been developed with railroad tracks and right of way and an irrigation canal and right of way, and bounded by O'Neil Highway long before the implementation of the Deschutes County Comprehensive Plan and Zoning Ordinance in 1979. In addition, this site was once the location of a train station. The applicant stated that this site is not currently nor has it been historically put to farm use due to the constraints of existing railroad and road development that isolate it from the other portion of the parcel and surrounding parcels. Under these circumstances, it is appears that the only reason the site was ever zoned EFU was due to the fact that the site was not legally separated from the remainder of the parcel which was and is not subject to the same physical constraints. I find that the original zoning was mistaken. In addition, since 1979, the site has been further developed by way of an improved parking area. 3. 18.136.040, Record of amendments All amendments to the text or map of this title shall be filed with the County Clerk. FINDING: This will be a condition of a approval. Exhibit Page Ordinance 7 (PA 97-9/ZC 97-5) B. Oregon Administrative Rules, Chapter 660-04, Interpretation of Goal 2 Exception Process. 1. OAR 660-04-010, Application of the Goal 2 Exception Process to Certain Goals. 1) The exception process is not applicable to Statewide Planning Goal 1 "Citizen Involvement", and Goal 2 "Land Use Planning." The exception process is generally applicable to all or part of those statewide goals, which prescribe or restrict certain uses of resource land. These statewide goals include, but are not limited to: a) Goal 3, "Agricultural Lands, " however an exception to Goal 3 "Agricultural Lands" is not required for any of the farm or nonfarm uses permitted in an exclusive farm use (EFU) zone under ORS Chapter 215. FINDING: Goal 2, Land Use Planning, provides an exception process to all or part of the statewide planning goals which prescribe or restrict certain uses of resource land. The applicant proposes to demonstrate that the rezoning of this site from EFU to OS&C and the relocation of the Redmond Railroad Depot to this site complies with and/or supports all applicable statewide goals, and should therefore be granted an exception to specific text provisions contained in Goal 3. The applicant has proposed an exception to Goal 3 pursuant to OAR 660-04-025 , Land Physically Developed to Other Uses. This language and its interpretation are discussed in the findings below. 2. OAR 660-04-015, Inclusion as Part of the Plan. (1) A local government approving a proposed exception shall adopt as part of its comprehensive plan findings of fact and a statement of reasons, which demonstrates that the standards for an exception have been met. The applicable standards are those in Goal 2, Part II(c), OAR 660-04-020(2) and 660-040-022. The reasons and facts shall be supported by substantial evidence that the standard has been met. FINDING: State law provides that statewide land use goals apply to comprehensive plan amendments, if the goals contain specific provisions which govern the type of action authorized by the plan amendment and are affected by the proposed change. The following finding addresses the applicant's compliance with the applicable Statewide Planning Goals. Goal 1, Citizen Involvement will be met by the County as the County's land use process provides for notice of proposed zone changes and plan amendments to the general public by publication in The Bulletin and by the mailing of notice to surrounding property owners affected by the proposed plan amendment. At least one public hearing regarding the proposed amendment was held. If the Hearings Officer's decision is appealed, the Board of Commissioners will hold a public hearing regarding the application. The Hearings Officer's decision and the Deschutes County staff report 8 (PA 97-9/ZC 97-5) Exhibit Page Ordinance vel 9164-0139 regarding the application will provide further information to citizens and allow them to be informed participants in the plan and zone change process. Goal 2, Land Use Planning will be met because at least one public hearing be held prior to adoption of comprehensive plan and zoning ordinance amendments. The County land use procedures ordinance provides such a hearing, complying with Goal 2. The requested plan amendment is being decided under the acknowledged plan amendment process and criteria provided in the Deschutes County Comprehensive Plan and the Deschutes County Zoning Ordinance. The amendment is consistent with the requirement of Goal 2 that plans be amended at times to reflect changes in public policy or changed circumstances. Goal 3, Agricultural Lands is addressed above. Goal 4, Forest Lands is not applicable because the subject property is not designated as forest land by the comprehensive plan. Goal 5, Open Spaces, Scenic and Historic Areas and Natural Resources requires the County to conserve open space and protect natural and scenic resources. The related Planning Guidelines and Implementation policies are as follows: A. Planning: 5. The National Register of Historic Places and the recommendation of the State Advisiory Committee on Historic Preservation should be utilized in designating historic sites. B. Implementation: 8. State and federal agencies should develop statewide natural resource, open space scenic and historic area plans and provide technical assistance to local and state agencies. State and federal plans should be reviewed and coordinated with local and regional plans. Contained within this plan map amendment and zone change will be the relocation to this site of the Redmond Railroad Depot, a goal 5 resource. The Redmond Railroad Depot has been identified as the Oregon Trunk Railroad Depot in the inventory of Historic sites contained in Exhibit A, Historic and Cultural Resources, of the Redmond Urban Area Comprehensive Plan as revised August 31, 1991. The Deschutes County Historical Landmarks Commission has approved the relocation of the depot to the subject site in a hearing on August 28, 1997, File No. HLA -97-1. The staff report and Certificate of Approval from the Deschutes County Historical Landmarks Commission is incorporated into the record of this application. I find that the use and placement of the Redmond Railroad Depot at this site would be consistent with the proposed Open Space and Conservation zone designation. The depot will be appropriately placed on a site historically used for such a purpose. The proposed plan amendment and zone change will be consistent with Goal 5 and the continued use of the site as a railroad depot/museum will serve to enhance and protect the resource. Exhibit Page 9 (PA 97-9/ZC 97-5) Ordinance "Q/ Goal 6, Air, Water and Land Resources Quality requires the county to develop a comprehensive plan that would not degrade air, water, and land resources in applicable air sheds and basins. The Deschutes County Comprehensive Plan was acknowledged as meeting this goal. The applicant's zone change request does not change any of the mechanisms adopted in the plan or local ordinances to assure compliance with Goal 6. The access to this site, within 1.5 miles of Redmond LIGB, with easy access from O'Neil Highway, provides a tourist and historical amenity in proximity to an urban population lessening the need for additional vehicle trips. Goal 7, Areas Subject to Natural Disasters and Hazards does not apply because the subject property is not located in a known natural disaster or hazard area.. Goal 8, Recreational Needs. Deschutes County met its obligation to provide for the recreational needs of its citizens by adopting a park dedication and development ordinance, Chapter 17.44 of the Deschutes County Code. The subject property is not the subject of resort siting as Deschutes County has adopted an ordinance implementing this portion of Goal 8 by the adoption of Chapter 18.113 of the Deschutes County Code. This goal is met by the provision of a tourist/historical amenity that provides an alternative mode of transportation to Prineville via railway as opposed to motor vehicle traffic. Goal 9, Economic Development is not applicable because the applicant has not proposed changing commercial or industrial zoning to residential. The proposal does not affect the inventory of commercial and industrial lands in an urban growth boundary. Goal 10, Housing is not applicable because no residential development is proposed for this site nor is allowed by the proposed Open Space and Conservation Zone. Goal 11, Public Facilities and Services requires the City to plan and develop in a timely, orderly and efficient fashion, based upon the availability of public services. This goal will be met because all needed public facilities and services are available to serve the subject property. O'Neil Highway is currently able to handle the maximum level of traffic anticipated from development of the property. The relocation of the Redmond Railroad Depot as an historical/tourist amenity to the site in proximity to the Redmond urban area rather than in a more isolated rural site will ensure this proposal will be developed in a timely, orderly and efficient fashion. Goal 12, Transportation will be met. O'Neil Highway has adequate capacity and access to handle the traffic generated by development of this property. The site will also provide an alternative mode of recreational transportation to Prineville via railway. Goal 13, Energy Conservation requires that land and uses developed on the land be managed so as to maximize the conservation of all forms of energy, based upon sound 10 (PA 97-9/ZC 97-5) Exhibit " ` Page 1 Ordinance 016-4-6141 economic principles. This goal will be met because the site is located on a highway at the juncture of two railways, historically used for a railway depot. The placement of the depot at this site as opposed to a more remote rural site will help to conserve fossil fuel energy sources by reducing the need for and length of automobile trips. Goal 14, Urbanization is not applicable to this review because the property is outside the urban growth boundary. Goals 15 through 19 address river, ocean, and estuarine resources. These goals are not applicable because the subject property does not abut any of these water resources. 3. OAR 660-04-018, Planning and Zoning for Exception Areas. (1) Purpose. This rule explains the requirements for adoption of plan and zone designations for exception areas. Exceptions to one goal or a portion of one goal do not relieve a jurisdiction from remaining goal requirements and do not authorize uses or activities other than those recognized or justified by the applicable exception. (2) "Physically Developed" and "Irrevocably Committed" Exceptions to goals other than Goals 11 and 14. Plan and zone designation shall limit uses to: (a) Uses which are the same as the existing types of land use on the exceptions site; or FINDING: The existing use on the subject site is a train depot for the Crooked River dinner train that runs between O'Neil junction and Prineville. The proposed plan amendment and zone change will maintain the continued use of the property as a train depot site with the relocation of the Redmond Train Depot to the subject property. The site will be the subject of the re-establishment of the historical use of the property as a train depot. The proposed zone for this site is Open Space and Conservation Zone (OS&C) whereby the use would be a use permitted outright in that zone. I find that the proposal would not alter the existing use of the site and, therefore, would satisfy this criterion. 4. OAR 660-04-025, Land Physically Developed to Other Uses (1) A local government may adopt an exception to a goal when the land subject to the exception is physically developed to the extent that it is no longer available for uses allowed by the applicable goal. (2) Whether land has been physically developed with uses not allowed by an applicable Goal, will depend on the situation at the site of the exception. The exact nature and extent of the areas found to be physically developed shall be clearly set forth in the justification for the exception. The specific area(s) must be shown on a map or otherwise described and keyed to the appropriate findings of fact. The findings of fact shall identify the extent and location of the existing physical development on the 11 (PA 97-9/ZC 97-5) Exhibit " Page 4-01 Ordinance 0164-0142 land and can include information on structures, roads, sewer and water facilities, and utility facilities. Uses allowed by the applicable goals to which an exception being taken shall not be used to justify a physically developed exception. FINDING: The subject site is triangular in shape and approximately 1.25 acres in size. The applicant has submitted a map that identifies the railroad tracks and right of way and the proposed building site in relation to the railroad. The site is bounded on all sides by the Burlington Northern railroad tracks and right of way. The west property line abuts O'Neil Way and the south property abuts the juncture of O'Neil Way and NW Yucca Avenue. As stated in the Findings of Fact 7(B) a Central Oregon Irrigation canal runs along the south property line which contains an additional 20 foot right of way. Also, the site is bisected by power lines and the entire property consists of compacted cinders and gravel utilized for parking and maneuvering of vehicles. The record indicates that the land has not been historically put to farm use and that there are no farm uses on the affected segment of this property, which was confirmed by staff site visit on November 18, 1997. The subject site contains class VI soils when non -irrigated. The area proposed for the plan amendment and zone change contains an existing ticket office and parking area for 55 spaces. The Prineville Railroad runs an excursion train service between O'Neil Junction and the City of Prineville. The proposal consists of the relocation plan for the Redmond Railroad Depot to be established at the site. The Redmond Railroad Depot has been identified as the Oregon Trunk Railroad Depot in the inventory of Historic Sites contained in the Historic and Cultural Resources of the Redmond Urban Area Comprehensive Plan as revised August 13, 1991. The Depot has been approved for relocation by the Deschutes County Historical Landmarks Commission in a Hearing held August 28, 1996. File HLA - 97 -1. The staff report has been incorporated into the findings and referenced herein. Due to the constraints of railroad and roads that bound the sight, the triangular shape of the site, the power lines bisecting the site, and the small size, farm equipment could not reasonably maneuver to access the site or maneuver within the site for the purpose of hay or alfalfa production. The constraints of the railroad tracks would preclude the site to be reasonably put to use for livestock grazing in conjunction with any adjacent parcel. In effect, the railroad and existing road junction isolate the site from the remaining portion of the parcel to the north across the tracks and to the surrounding parcels. There is no current or historical evidence of irrigation on the subject site. Because of the existing use of the site as a train depot, the proposed use of this site as train depot/museum site as a result of the plan amendment/zone change would not alter the land use pattern and uses therein to the detriment of farm use in the area. Moreover, there are no uses that could be allowed that are not allowed in the Exclusive Farm Use zone. Based upon the foregoing findings, I find that this criterion is met. Exhibit Page Of Ordinance - ��- 12 (PA 97-9/ZC 97-5) 0164-4143 5. OAR 660-04-030, Notice and Adoption of an Exception (1) Goal 2 requires that each notice of a public hearing on a proposed exception shall specifically note that a goal exception is proposed and shall summarize the issues in an understandable manner. (2) A planning exception takes effect when the comprehensive plan or plan amendment is adopted by the city or county governing body. Adopted exceptions will be reviewed by the Commission when the comprehensive plan is reviewed for compliance with the goals, when a plan amendment is reviewed pursuant to OAR Chapter 660, Division 18, or when a periodic review is conducted to ORS 197.640. FINDING: These criteria were met by the mailed and published notice of the December 2, 1997 hearing which specifically stated that a goal exception was proposed. In addition, notice of the proposed plan amendment was mailed to the Department of Land Conservation and Development (DLCD) on October 16, 1997. IV. DECISION The applications for a plan amendment and zone change from EFU-TE to OS&C, including granting of an exception to Statewide Planning Goal 3, are APPROVED, subject to following condition of approval: 1. The applicant shall provide a survey and legal description by a registered professional surveyor that defines the portion of the subject property to be re- designated as OS&C pursuant to the submitted plan. The survey and legal description shall be incorporated into the adopting ordinance as an exhibit. Dated: December 10, 1997. 7 Christo r C. Eck, Hearings Officer Mailed: December 22 , 1997. THIS DECISION BECOMES FINAL TEN DAYS AFTER MAILING, UNLESS TIMELY APPEALED. tf rr Exhibit Paw l� 04nance 13 (PA 97-9/ZC 97-5)