34-478-Order Recorded 4/24/1980LF 0421 j lc
VOL 34 PAGE 478
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
FOR DESCHUTES COUNTY
In the Matter of Preliminary Plat )
Number 470, Greenway Estates, ) ORDER
Don Dunn, Applicant )
This matter came before the regular term of the Board of County Commissioners on
February 12, 1980. L. Ross Brown, Esq. represented the applicant, Don Dunn, appealing
from the decision of the Deschutes County Planning Commission August 8, 1979, which
after a hearing de novo, denied preliminary approval of Plat 46470;: Frank MacMurray, Jr.,
Esq. represented the City of Redmond, which had appeared at the hearing de novo before
the Planning Commission. At the request of the Board of Commissioners, County Counsel
Louis B. Dvorak wrote a memorandum on the applicability of County Ordinances PL-18 and
PL-19 to this appeal, which was submitted on February 15, 1980, and was considered as
part of the record. The Board having considered exhibits one through twenty-one and
maps A and B, as well as the arguments of counsel, the Board of Commissioners finds as
follows:
The findings of fact of the Planning Commission, exhibit number fifteen in the record,
dated August 22, 1979, are adopted with the following exceptions:
1. Finding number 5. This finding is modified as follows: The Redmond Comprehensive
Plan has been adopted as County Ordinance Number PL-18. PL-18 establishes
an urban growth boundary which includes the property upon which the proposed
subdivision is situated.
2. Finding number 8. The Westerly part of the property is currently zoned under
County Ordinance PL-19 as R-LP, and this zone permits outright subdivisions,
planned unit developments, land partitioning and single-family dwellings,
excluding mobile homes. The minimum lot size in this zone is 9,000 square feet.
The Plat does not comply with this lot size minimum. The Easterly portion of the
property is within the park reserve zone, P-R, of County Ordinance PL-19. In
that zone, residential development proposed herein.is not permitted outright or
conditionally.
Even if the County did not apply County Ordinances PL-18 and PL-19 to the resolution
of this case, it is,found that the findings of the Planning Commission are sufficient
to justify the result below.
NOW, THEREFORE, IT IS HEREBY ORDERED that based on the findings of fact given above, the
application for Preliminary Plat 46470, Greenway Estates, is denied.
DATED this e( 9 day of April, 1980.
BOARD OF COUNTY COMMISSIONERS
Voted no
ALBERT A. UNG, C air n IoO-
F0
CLAY . S ARD, Commis stoner
G4
ROBERT C. PAULSON, JR., Commiss' er
PAGE -1- ORDER
vot 34 PACE 479
Distribution:
L. Ross Brown, Esq.
Don Dunn
Frank G. MacMurray, Jr., Esq.
Planning Director
County Counsel
Hearings Officer
Planning Commission
Carole Wells Connell
PAGE -2- ORDER