1999-67-Ordinance No. 99-007 Recorded 2/11/1999J
VOL: CJ1999 PAGE: 67
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
I hereby certify that the attached instrument was
received and duly recorded in Deschutes County
records:
DATE AND TIME:
DOCUMENT TYPE:
Feb. 11, 1999; 10:16 a.m.
Ordinance (CJ)
MICROFILMED
MARY SUE PENHOLLOW FEB 17 199q
DESCHUTES COUNTY CLERK
FEB" 4111"90 90090
OCJ1999-67 *Vol -Page 02/11/1999 10:42:36
REVIEWED:AS TO FORMCOE REW COMM.
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE
99 FEB I 1 AM 10:
An Ordinance Amending the Bend Area
General Plan Map to Change the Plan * MARS' SUtI LN
General CCLLERER LOW
Designation for Certain Property, and * COUNK
Declaring an Emergency.
ORDINANCE NO. 99-007
WHEREAS, Daniel Kiesow submitted a request for a quasi-judicial amendment to the Bend Urban
Area General Plan to change the plan designation for 3.28 acres of certain property from Residential - 6,000
square feet minimum land area per dwelling unit to Residential - 1,000 square feet minimum land area per
dwelling unit; and
WHEREAS, a hearing was held on May 5, 1998, after notice given in accordance with law, before
the Deschutes County Hearings Officer; and
WHEREAS, the Hearings Officer recommended denial of the proposed amendment; and
WHEREAS, a public hearing was held on August 12, 1998 by the Board of County Commissioners
after the filing of a timely appeal; and
WHEREAS, the Board of County Commissioners approved the change in plan designation from
Residential - 6,000 square feet minimum land area per dwelling unit to Residential - 2,000 square feet
minimum land area per dwelling unit; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1 ADOPTION OF PLAN MAP AMENDMENT. The Bend Area General Plan Map is
hereby amended to change the plan designation for the eastern 3.28 acres of the subject property, as depicted
on Exhibit "A" as Tract `B," and described in Exhibit `B," attached hereto and by this reference incorporated
herein, from Residential - 6,000 square feet minimum land area per dwelling unit to Residential - 2,000 square
feet minimum land area per dwelling unit.
Section 2 FINDINGS. The Board adopts as its findings and decision the Findings and Decision on
Appeal dated September 2, 1998, relating to Plan Amendment Application PA -98-3, marked Exhibit "C,"
attached hereto and by this reference incorporated herein.
PAGE 1 OF 2 - ORDINANCE NO. 99-007 (2/10/99)
Section—3 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 10 day of 1999.
ATTEST:
e rding Secretary
BOARD OF COUNTY COMNUSSIONERS
OF DE`CH,U/TES CO Y, OREGON
inda L. Swearingen, Chair
Dennis R. Luke, Commissioner
PAGE 2 OF 2 - ORDINANCE NO. 99-007 (2/10/99)
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63685 N. Hwy. 97 ♦ 8" OR 97701 A (541) 382.4192
ZONE CHANGE MAP
PROPERTY DESCRIMON
TRACT B
All that land described in Deed Book 434 page 2994 and Deed Book 435 page. 0001,
excepting therefrom the land per Deed.Book 433 page 2780 Deschutes County Official
Records, more particularly described as follows:
See Exhibit "A" attached hereto and made a part hereof.
Less and except the following tract of land:
Beginning at the Northwest corner of Lot 19, Plat of Glen Vista, Deschutes County,
Oregon; thence North 89050' *.East along the North line of said Lot 19 a distance of
265.00 feet; thence South WOO" 35" West parallel with the West line of said Lot 19 a
distance of 429.49 feet; thence South 24006' 41" East a distance of 135.15 feet; thence
South 00005' 48" Fast a distance of 260.00 feet to the South line of Lot 20 of said Plat of
Glen Vista; thence South 89054' 40" West along said South line a distance of 320.00 feet
to a point 150.00 feet Easterly of the Southwest corner of said Lot 20; thence North 00 °
05' 48" West parallel with West line of said Lot 20 a distance of 383.03 feet to the
Southwest corner of above mentioned Lot 19; thence North 00000' 35" East along the
West line of said Lot 19 distance of 419.61 feet to the True point of the Beginning and
the end of this description.
Tract `B" contains 3.28 acres more or less.
Subject. to easements of record.
Renewal Date
12/31/99
RFMSTERED
PROFESSIONAL
[LAND �SURVEYOR
0 R E G 0 N
JuIY 17,106
GARY L DEIARNATT
2206
1l
Exhibit
Pale e .�.'2-
ordinance
Exhibit "A"
Lot 19, GLEN VISTA, Dachuft County. Oregon.
TOGEMER WITH: A parcel of land containing 2;092 Square feet (0.048 Acnes), more a less,
located in a portion of Section Seventeen (17), Township Seventeen (17) South, Rare Twelve
(12) East„ Willamette Meridian, Deschutes County, Oregon, being more particularly demxibed
as followr.
Begmhiog at a U2" iron rod with no cap on. the Easterly boundary line of Lot 19, Olen Vists,
which bears North 31. 54' 01" West a distance of 2488.36 fact from a 2" brass cap inadting
du Southeast corns of said Section 17; theaee around a 1050.00 foot radius curve right 119.20
feet (chord bears South 02' OS' 45" West, 119.14 feet) !o a S/8" iron rod with a plude cap
stamped 'HWA"; thence South 05.23' 53" Wept a distance of 100.00 fed to a S/8" iron rod
with a plastic cap stamped "HWA% thence around a 1110.00 foot radius curve left 185.33 fat
(do* South 00. 36' 54" West, 185.11 'feet) to the projection of the eornmon lot .lice
said Lot 19 and Lot 20, aWd plat of (ileac Vista; thence along said projected common
tot line South 89' 49' 18'.West a distance of 15.67 feet to the: Southeast corner of said Lot 19.
said Southeast tot corner bears North 380 14' 15" Was a distance of 217S.53 foot bora said
2" brass cap marking said Southeast corner of said Section 17; thence along said Easterly
boundary line of said Lot 19, North 040 27' 53" East a distance of 404.99 feet to the point of
begiming.
Lot 20. OWN VISTA. EXCEPTING TEFROM, the Went 150 fact of said Lot 20.
TOOBTHER Wl'1i1: A pored of land eontainirhg 750. square feet (0.017 aeras), more or lew
beased in a portion of Section Seevattoan (17), Township Seveotaen (17) South, Range TvMve
(12) Bart of thea Willamette Meridian, DeschWen Couthty. Oregon, barna more particularly
described as follows:
Begioo ft at the Bukdy moat corner r common to Lots 19 mod 20, GLEN VISTA, which bow
North 38' 14' 1S" Weer a distance of 217S.S3 fat from a 2" brass nP markine the Southeast
corner of acid Section 17; thence along the projection of the common line between said Lots
19 and 20 Noelle 89' 49' 18" East a distaooe of 15.67 feet: thence around a 1110.00 foot railiva
curve IeR.A0 12feet (chord begs South 04. 28', 40' Wiest, 12.00 feat) to a S/8" iron rod with
a ap sdmpod 'HWA"; thence South 04.47' .15' Baal a distance of 23.14 feet to a S/8"
iron rod with 4 plastic cap stamped "HWA"; theme South 65' SS' Sr Wag a distance- of
24.14 fent to.a S/8" iron rod with a plastic es<pr stamped "C&H PLS 1020'; thence North 040
27' 53' Bast a distsnoe of 44.96 feet to the "Point of Be:ginnW, tie terminus of this
dex0pdon.
TO(IBTI�R WITH: A parcel of land containing 20739 square fat (0.476 Acres). more or
lem located in a portion of Section Seventeen (17) South,' Range Twelve (12) East of the
Willamette Mardian, Deschutes County, Oregon, being more particularly described as Mows:
Exhibit L3
C O n+; n v C Page Z of 3
Ordinance = D
Con+i,ft1jeA
likkibit "A".
,Beginning at a Ur iron rod with no cap madong the Sowhast corner of said Lot 20, GLEN
VISTA, which beats North 46. 05' 10" West a distance of 1910.46 feet from a 2' brow c p
ahwWnw tha Southeast comer of said Section 17; thence along the Bestwly boundary lice of
said Lot 20 North 04. 27' S3" East a distance of 339.93 foes to a S/8" iron rod with a plaido
up stamped `C&H PIS 1020"; thence North 6S0 SS' Sr Baht a distimce of 54.72 feat to a
Saw tree t3od with a plastic ap stamped VAH PLS 101O; -dume South 01. 04' 14" West a
4stanee.of 336.60 feet to a SW icon rod with a plastic cap stawpod "HWA" which bears North
44. 03' 480 Was a distaooe of 187835 feet from a 2" bras cop maddag said Soadwatt corner
of said Secdon 17; Bocce continuing South Ol• 04'14" Was a distance of 25.31 feat to a S/8"
iron rod with a plastic cap stamped "C&H PLS 1020" on do Southhwly .boundary line of the
Notheen Quaesw of hire Southeast Quarter (NEI/4 SEI/4) of said Saxton 17; along said
Soutiwly boundary fate North 88° 39' 18' West a distance of 17.09 feet to a 1.1/+4" iron pipe
marking the Southeast one-sh teenth corner of acid Section .17; thence along the Southerly
boundary line of rho Northwest Quarter of the Southeast Quarter (NW114 UTA) of said
Section 17 North 89' 46' IS* West a distance of 52.40 feet to the "Point of Beginning", the
terminus of this description.
EXCEP7` NO'WHEREFROM: A parcel of land containing 3.966 square feet (0.091 Aches),
more or leas, loafed in a portion of Section Seventeen (17); Township Seventeen (17) South.
[range Twelve (12) East of the Willamette Meridian. Deschutes County. Oregm being mote
particalWy described as follows:
BeginubS at a S/S" iron rod with a plastic cap stamped "NWA" which bears North 44.03' 48"
Went a distance of 1576.35 feet fram a 2" brass cap marking the Southeast corner of said
Semon 17; theca around a 10SO.00 foot radius cum heli 107.35 feet (chard bats North 01°
SI' 31" Weer: 107.30 feat) to a S/8" iron rod with a plastic cep stamped "MA"; thence North
041047' 1S" Wet a distance of, 217.58 fast to a SW iron rod with a plastic cap stamped
' HWA"; thence North 65' SS' 52" East a distance of 30.59 feat to a S/8" iron rod with a
plastic ahp stooped "C&H PLS 102V; thence South Ol" 04'14" West a distance of 336.60 foes
to tie *"Point of Beginning", the terminus of this dcacription.
Exhibit
Page --— of 3_
Ordinance
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
In the Matter of PA -98-3 and ZC-98-2, )
Regarding requests for a plan amendment ) PA -98-3
And zone change for 7.7 acres of land in the ) ZC-98-2
Bend Urban Growth Boundary. ) A-98-9
FINDINGS AND DECISION ON APPEAL
Preliminary Findings.
1.1 Applicants are Daniel and Joani Kiesow, 20206 Glen Vista Road, Bend, Oregon. The property
that is the subject of these applications (site) is located at 20275 Hardy Road. Deschutes County Assessors
Map 17-12-17D identifies the site as Tax Lots 500 and 505.
1.2 The site is zoned SR2.5, Surburban Low Density Residential. The Bend Urban Area General
Plan map designates the site Residential -6,000 square feet minimum land area per dwelling unit. The site is
within the acknowledged Bend Urban Growth Boundary.
1.3 The applicants submitted concurrent applications for a plan amendment and a zone change for
the site on February 27, 1998. The applicants propose to amend the Bend Urban Area General Plan map
designation for the eastern 3.3 acres of the site from Residential -6,000 square feet minimum land area per
dwelling unit to Residential -1,000 square feet minimum land area per dwelling unit. The applicants propose
to change the zoning on the western 5.4 acres of the site from SR2.5, Suburban Low Density Residential to
RS, Urban Standard Residential. Additionally, the applicants propose to change the zoning on the eastern
3.3 acres of the site from SR2.5 to RH, Urban High Density Residential to correspond with the requested
change in plan designation.
1.4 The Deschutes County Hearings Officer held a public hearing on both applications on May 5,
1998. At the end of the hearing the Hearings Officer announced her intention to conduct a site visit, left the
written record open until 5:00 p.m., Tuesday, May 19, 1998, and allowed the applicant to 5:00 p.m., Tuesday,
May 26, 1998 to submit final arguments pursuant to ORS 197.763. The Hearings Officer conducted a site
visit on May 14, 1998 and issued a report of the site visit on May 5, 1998. The record closed May 26, 1998.
1.5 The Hearings Officer issued a decision on June 29, 1998 approving the zone change from
SR2.5 to RS on the western 5.4 acres of the site and denying the request for the plan amendment and zone
change on the eastern 3.3 acres of the site.
1.6 Daniel Kiesow submitted an appeal of the Hearings Officers decision on July 9, 1998.
1.7. Through Order No. 98-109, dated July 22, 1998, the Board of County Commissioners decided
to hear the appeal de novo and directed staff to set a hearing date. Staff notified the parties through a
written notice dated and mailed on July 30, 1998 of the public hearing set to hear this matter on August 12,
1998.
1.8. The Board conducted a public hearing on this appeal on August 12, 1998, and received
testimony at this hearing from Sheriff Greg Brown, Daniel Kiesow, and City of Bend Long Range Planner
Mike Byers. None of the other parties testified at this hearing or submitted written testimony for the Board's
consideration.
1.9. After a work session on August 18, 1998, the Board decided through a unanimous decision to
approved a plan amendment and a zone change on the eastern 3.3 acres of the parcel from SR2.5 Zoning
with an RS plan designation to RM, Urban Medium Density Residential zoning, with a corresponding plan
designation of Residential -2,000 square feet minimum land area per dwelling unit.
Findings and Decision — A-98-9 (Kiesow) Exhibit GPage --L
-- 2
Page 1 of 2
Ordinance �a0'7
II. Applicable Criteria.
The Board adopts the findings of the Hearings Officer as to the applicable criteria listed and stated
verbatim on pages 3 through 22 of the June 29, 1998 decision.
III. Findings of Fact and Conclusions of Law.
3.1 The Board adopts as its own findings of fact the Hearings Officer's Findings of Fact, as set forth
on pages 1 through 3 of the June 29, 1998 decision on PA -98-3 and ZC-98-2.
3.2 The Board adopts as its own conclusionary findings the Conclusionary Findings of the Hearings
Officer as set forth on pages 3 through 22 of the June 29, 1998 decision on PA -98-3 and ZC-98-2, as
supplemented herein.
3.3 The Board finds that under the circumstances in this case, that it can approve RM, Urban
Medium Density Zoning, with a corresponding RM plan designation, as requested by the applicant in this
appeal, on the eastern 3.3 acres of the site. The Board notes that it provided the representative from the
City of Bend an opportunity at the August 12, 1998 hearing to provide testimony and/or evidence on why
such zoning would not be appropriate. The City of Bend representative did not provide any testimony or
evidence into the record to refute or undermine the testimony and evidence the applicant submitted in
support of its burden of proof.
IV. Decision.
Based on the foregoing Findings of Fact and Conclusions of Law, the Board of County
Commissioners approves an amendment to the Bend Area General Plan Map on the eastern 3.3 acres of the
site from Residential -6,000 square feet minimum land area per dwelling unit to Residential -2,000 square feet
minimum land area per dwelling unit. The Board also approves a change of zoning on the eastern 3.3 acres
of the site from SR2.5, Suburban Low Density Residential to RM, Urban Medium Density Residential.
DATED this 2nd day of September, 1998.
ATTEST:
Recording Secretary
Findings and Decision — A-98-9 (Kiesow)
Page 2 of 2
BOARD OF COUNTY COMMISSIONERS
OF USCHUTES COUNTY, OREGON
, Chair
L. SWEARINGEN, Commissioner
Exhibit G
9 2. of
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Ordnance '79-00-7