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29-109-Order Recorded 10/13/19784 29 1 IN THE BOARD OF COUNTY COMMISSIONERS STATE OF OREGON, DESCHUTES COUNTY In the Matter of File No. CU-78-45 ) O R D E R Conditional Use for ) Larry Romaine ) THIS MATTER COMING BEFORE the Board of Commissioners upon an appeal filed by Burton A. Lauray. The Planning Commission held a hearing on August 9, 1978, and approved the Conditional Use and adopted written finding of fact, a copy of which is attached hereto and made a part hereof. IT FURTHER APPEARING to the Board, the following findings of fact were established as a result of the hearing conducted by the Board. 1. The proposed mobile home planned development would be in conformity with the Bend Area General Plan. It will be developed in conjunction with an existing mobile home development. The impact would be less than in another area because of the presence of Romaine Village. 2. There is a public need for more mobile home spaces in the Bend area. IT IS HEREBY ORDERED that the Conditional Use be allowed. DONE BY ORDER of the County Commissioners this 3 ;k!kf` day of October, 1978, to become effective immediately. BOARD OF COMMISSIONERS 'CHAIRMAN "4~:2 COMMISS ONE OMMISSIONER VOL 29 FACE 110 PROPOSED FINDINGS OF FACT CONDITIONAL USE PERMIT REQUEST NO. U- 1. The applicant is Wayne Cox, owner, and Larry Romaine Owner of Romaine Village, 19940 Mahogany, Bend OR 97701, and they are represented by the firm of Gray, Fancher, Holmes & Hurley, Bend, Oregon. 2. The applicants seek a Conditional Use Permit for the construction of a planned unit development, pursuant to PL-5, Sections 3.025 and 7.050, for nobile homes. 3. The property is described on Exhibit A attached hereto and by this reference incorporated herein. The property lies on the westerly side of South High=gay 97 just east of Romaine Village. 4. Applicant proposes to develop a mobile home develop- ment consisting of 28 spaces located on 7 acres. The mobile home planned unit development is to be developed in accordance with Exhibit B attached hereto and by this reference incorporated herein. The proposed mobile home development will be subject to approval by the Department of Commerce as a mobile home park, and by the Department of Environmental Quality with respect to sub-surface sewage disposal treatment. 5. The property is zoned R-1. R-1 zoning would allow a density of 5 units per acre, provided soil conditions and lot area were adequate to provide subsurface sewage disposal in accordance with DEQ requirements. The plans call for a density of 4 units per acre which provid?s adequate subsurface sewage -1- VOL r disposal area. 29 PAGE lil g. Conformity to the Comprehensive Plan: (a) The property is within the Bend Urban Growth Boundary and is subject to the Bend Area General Plan. The property is designated as an urban residential development alternative. (b) The Bend Area General Plan., page 31, states as f of lows : "No specific areas have been designated for mobile home park development. It is recommended that they be considered as a residential use and subject to the same density standards as other residential uses. However, because of their different character, they should be located in mobile home parks or mobile home subdivisions or on larger individual lots in some of the more undeveloped sections of the planning area." This proposed mobile home planned unit development would be, in conformity with the Bend Area General Plan in the sense that it will be developed in conjunction with an existing mobile home development. Furthermore, the impart on surrounding property would be less than other areas in the county because of the presence of Romaine Village. 7. Public Need: (a) Public need is demonstrated for a mobile horse park by the letters submitted by mobile home sales representatives from the area. it is clear that, based upon these letters, there is a strong demand for mobile home spaces within the Bend Urban -2- 11 VOL 29 rACE 12 The also demonstrate that there is few available spaces Y .-r ea. L,n which to place mobile homes (b) The cost of conventionally built housing is =M ti.rsuir_g to escalate rapidly . Mobile homes are a viable con a to conventionally built housing. Initial investments 81 `ems aL3V _ homes do not allow the purchase of individual homesites in mobile demand r mobile home placement- Therefore, there is a continuing _o_ arks. ?or mobile home rental spaces in mobile home P- almost every day (c) Romaine village receives inquiries requesting information on available spaces. B. That the need will be best served by changing ''ication of the particular piece of property as compared c_assi= with other available property a,) As set forth above the applicant has been develop-^ ( Pomaine Village for several years, and this development ing ect. will be a continuation of this proj the construction been impacted by (b) The area has already, existing mobile home park and subsequent uses have been of an d=-:eloped in. accordance with that use- (c) where mobile home (c) There is no place in the caun y parrs are Permitted outright. Therefore, where the impact has dy been created, it only seers appropriate that the use alrea should be continued. (d) The property is Particularly well located because,- ilability of access to South ji.uhway 97. This location of t 4r e ova is particularly appropriate with respect to the movement of -3- va 29 PACE 113 mobile homes to and from the property. Furthermore, the facilities such as school buses are already aware of the existing mobile home park and have planned routes accordingly. 9. Conformity with Statewide LCDC Goals: (a) Goal #3, Agricultural Lands This property has never been used as agricultural land and the goal refers to the preservation and maintenance of agricultural lands. Furthermore, the property has already been largly conmi.tted to a mobile home park rather than agriculture. Finally, the area is contained within the perimeter of the Urban Growth Boundary which recognizes that its highest and best use is as urbanizable land. (b) Goal 04, Forest Land: There is no merchantible timber on the property. Therefore, this goal would not be applicable. (c) Goal #5 Open Spaces, Scenic and Historic Areas and Natural Resources: Significant property is being reserved within the development for recreational and multi-use purposes. Occupants within.the proposed project would have access to all of the amenities available at Romaine Villaaa. The area has not been identified as having any known fish or wildlife areas or habitats. Furthermore, the area is within the Urban Growth Boundary which recognizes that its highest and best use is as urbanizable lands. The area has not been identified as containing any known mineral or aggregate resources. -4- vot 29 eacE 114 The area has not been identified as having any known sources of energy. The area has not been identified as having particular open space value,. recreation potential, historical significance, or outstanding scenic qualities by the 1974 Central Oregon Open Space Recreation Study. The area has no identifiable ecologically or scientif- ically significant areas. The area contains no outstanding scenic views or sites that are any different from other lards located east of Bend. The area is not within the proximity of any water areas, wet lands, water sheds, or ground water resources. The area is not within a designated wilderness area. The area contains no known historic area, site, structures or other objects. The area is not identified as having.a significant cultural history. The area is not within any potential or approved Oregon Recreational Trails or Federal Wildlife and Scenic-Waterways, or State scenic waterways. (d) Goal 46, Air, Water and Land Resources Quality. In order to maintain and i;aprove the quality of the air,-water and land resources of the property, as well as the county, the property will be developed in strict accordance with the Depar-truent of Environmental Quality Regulations promulgated to protect these environmental qualities. V -5- ' a 29 PACE115 W Goal fi7, Areas Subject to Natural Disasters and Hazards: The property is not subject to slides or earthquakes and the area does not lie within proximity to any existing rivers, and is therefore, not subject to flooding. (f) Goal 108, Recreational Needs: Areas within the mobile home park are being set aside to provide recreational areas for the residents within the park, and residents will have access to the recreational amenities provided for at Romaine village. (g) Goal 109, Economy of the State: The construction of the this project will provide jobs within the community and will provide inventory for mobile home spaces to accommodate the expected influx of laborers' for the Bend Sewer Project and related public construction. (h) Goal ttll, Public Facilities and Services: There is already power provided to Romaine-Village as well as a community water system. The property will contain a ccmmunity subservice disposal system. Development of these facilities will therefore be orderly and efficient arrangement of public facilities and services. M Goal f12, Transportation: The property is located on a major north south arterial highway,. South Highway 97, with direct access to Bend. (j) Goal 1013, Energy Conservation: The area is within the Urban Growth Boundary•and is located on existing -6- VOL 2 9 FACE 1 1 U transportation arterials. Being within the Urban Growth Boundary and in close proximity to the urban facilities provided therein it will result in the conservation of energy resources by concentrating development within the urbanizable land in the Bend Urban Area. (k) Goal 114, Urbanization: This property is developed within the Urban Growth Boundary of Bend, which recognizes the highest and best use of this property is-for urban type developments. 10. Conformance with ORS 215.055: (a) Characteristics of the area. The area is generally flat with few topographical features. The area can easily be adapted to an expansion of the mobile home park. Within the Bend Urban Area demand remains high for robile home spaces. (b) Suitability of areas for particular land uses and improvements. This particular area has already been impacted by an existing mobile home park such that further use will not adversely affect surrounding property. (c) Land use and improverten-~s in the area. There is no adjoining property which is being developed which would indicate any incompatibility with a mobile home develoament. Also the mobile home park has been in existence for some time and people have come to rely on the fact that it will be continued as a mobile home park for the forseeable future. (d) Trends in land imp rovement. There are no areas -7- VOL 29 FACE I ♦ M I within the county specifically reserved for mobile home parks. The trend clearly is to the increased use of mobile homes as residential units. Existing uses should be utilized to the greatest extent possible before allowing the scattered development of mobile home subdivisions. (e) The denisity of development in the area. The area would be developed in a manner consistent with existing densities in the mobile home park. Density in the surrounding area will be that of a urban character because of its location within the Urban Growth Boundary. (f) Property values. Since the property has already been impacted by a mobile home_subivision, there is no reason to think that property values will be affected by the proposed use. (g) The needs of economic enterprises. The proposed project will provide housing for the anticipated increase in labor as attracted to the area by various public construction projects. The area is located on existing arterials for easy access to any of these proposed projects. (h) Needed Access. This has been adequately addressed hQfnre and it is clear that the area has ample access. (i) Natural resources. above . ) -8- (See the LCDC Goals addressed