36-52-Order No. 80-211 Recorded 10/10/1980.S
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES CO*Tj, t REGON
An Order Reviving Squaw Creek ) f
Canyon Recrea_ional Estates, )
First Addition, Subdivision 1360
ORDER NO. 80-211 ~v74 COVN ZERSOA
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WHEREAS, on September 11, 1980, the Board of County
Commissioners held a hearing relating to the revival of expired
preliminary approval for the Squaw Creek Canyon Estates, First
Addition, Subdivision; and
WHEREAS, notice of said hearing was given in accordance
with law; and
WHEREAS, Craig Smith, Associate Planner, Deschutes
County Planning Department; Ron Reymond, SCC Construction, Inc.;
and Stanley J. Hafer, Petitioner; appeared and gave testimony; and
WHEREAS, amendment to Subdivision Ordinance PL-2 dated
December 5, 1979, provides standards and criteria for the revival
of expired preliminary approvals; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDERS as follows:
Section 1. Findings of Fact. This Order is based on
the following in ings o- .act:
A. That the preliminary plat approval expired and no
extension was requested due to excusable neglect of the Petitioner
because the preliminary plat was completed and signatures of the
Petitioner were inscribed on the plat; however, there was a failure
to get the signatures of the appropriate governmental officials.
The Petitioner lives in California and assumed that the plat had been
filed by his agent.
B. That substantially, all of the conditions of approval
other than submission of the final plat to the appropriate govern-
ment officials had been substantially met before the Petitioner
knew that his preliminary map approval had expired. The improvement
of the subdivision has been suspended since the Petitioner learned
that the approval had expired. The entire subdivision has been
surveyed and platted, 6,935 feet of community water system has been
installed, four miles of roads have been completed, and test holes
for septic tanks have been excavated.
C. That roads
completed and that zoning
such a way as there would
and utilities which would
a commensurate benefit to
and utilities have been substantially
and subdivision laws have changed in
be a requirement to relocate the roads
create substantial economic waste without
the County. The minimum lot size of the
ORDER NO. 80-211, PAGE 1
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new zones on the property are ten-acre and twenty-acre minimums.
In order to achieve lot sizes of the size required by the new
zoning on the property, the completed improvements would have to
be destroyed, since it would be impractical to have ten- and
twenty-acre minimum lot sizes within the configuration of the
existing improvements.
D. That this Order is consistent with the applicable
statewide land use goals and guidelines.
1. Goal 3. The property consists primarily of sagebrush,
juniper, some pine trees and normal high desert vegetation. The
property is heavily underlaid with rock outcroppings, and as far
as Petitioner could determine, has never been farmed or used for
raising livestock. There are no water rights on the property,
making the property unsuitable for production of farm crops or
livestock considering the terrain and adverse soil and land conditions.
Use of the property for a recreational subdivision would not inter-
fere with any farming practices, since there is no adjacent or
nearby farmland.
2. Goal 4. There is little or no merchantable timber on
the land. Marketable trees on the property are not in such density
or location to make the property suitable for forest uses. Trees
on the property have never been harvested. The proposed use would
not interfere with existing forestry practices, since, adjacent land
is not being used for forest uses.
3. Goal 5. The property will retain, in part, its
natural character. Restrictive covenants will prohibit the removal
of trees, shrubs and natural vegetation.
4. Goal 6. The subdivision will be served by an exist-
ing state approved community water system. This system has been
substantially installed on the property. No industrial or commercial
uses will be allowed in the subdivision. Waste disposal will be
through individual septic tank systems located in accordance with
standards adopted by the Department of Environmental Qualtiy, State
of Oregon.
5. Goal 7. The property is not located in a flood
hazard zone. There are no unusual geological features in the area
that would subject the property to natural disasters.
6. Goal 8. The property will provide for the recreational
needs of individual property owners.
7. Goal 9. The subdivision will enhance one of
Deschutes County's and the state's major industries, residential
construction. It is anticipated that development on the property
will enhance the local and state economy, during construction,
of the housing industry.
ORDER NO. 80-211, PAGE 2
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8. Goal 10. Although this development is primarily
a recreational subdivision, it is anticipated that there will be
permanent residents. In addition, rural parcels meet the County's
commitment to affordable housing for all income needs.
9. Goal 11. Public facilities and services are readily
available to the property. The implementation of the subdivision
will have no adverse effect on public services and facilities.
10. Goal 13. Conservation of Energy. The subdivision
is located approximately six miles from the City of Sisters and its
shopping centers. The encouragement of close-in development of
rural subdivisions will have a positive contribution to the
conservation of energy resources used in transportation. In addition,
the location of the subdivision in an open space area provides
availability of sunlight and prevailing winds to be a consideration
in the conservation of other energy sources.
E. No change in the condition of the neighborhood has
been discovered since the time of the preliminary plat approval
that would cause the development proposed to have an adverse
effect on the uses of surrounding property. The neighborhood has
been rezoned to a lower density. Little additional development
will be approved in the neighborhood. Petitioner owns a substantial
portion of the abutting property.
F. No change in the condition of the neighborhood has
been discovered since the time of preliminary plat approval that
would cause an adverse effect on proposed uses of the development.
The use of the area is "recreational." It is doubted that additional
recreational subdivisions will be approved in the neighborhood.
G. The subdivider has indicated that a final plat complying
with the law in effect at the time of the preliminary approval will
be submitted upon completion of the improvements after the date of
this Order.
Section 2. Based on the findings of fact as set out
herein, Squaw Creek Canyon Recreational Estates, First Addition,
is revived.
Section 3 That this order reviving Squaw Creek Canyon
RecreationatEstates, First Addition, shall expire 180 days from
the date of this Order.
1980.
DATED this day of Soot
BOARD OF COUNTY COMMISSIONERS OF
ATTEST: TAMMY R HARDSON
Recording Secretary
ORDER NO. 80-211, PAGE 3