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29-118-Order Recorded 10/13/1978s y IN THE BOARD OF COUNTY COMMISSIONERS STATE OF OREGON, DESCHUTES COUNTY In the Matter of ) FILE NO. Z-77-43 ) Zone Change Request by Hi Country ) Investment from A-1, Exclusive ) O R D E R Agriculture to SR-1, Suburban Residential ) THIS MATTER coming before the Board of Commissioners upon the Planning Commission recommendations, who held a public hearing on this issue, May 10, 1978, and recommended approval, Said matter was appealed to the Board of Commissioners and a public hearing was held June 27, 1978, wherein it was determined that the Planning Commission had not adopted Findings of Fact and the matter was ordered back to the Planning Commission for written Findings of Fact; and at a hearing held August 9, 1978, written Findings of Fact were adopted by the Planning Commission, a copy of which is attached hereto and made a part hereof; and the matter was set for public hearing on October 9, 1978, and It further appearing to the Board upon reviewing the Planning Commission's record in the matter that the following Findings of Fact were established: 1. A portion of the site is located contiguous to the Bend Urban Growth Boundary and therefore would not be included within the Planning Area for the Bend Area General Plan. A portion of the land is located inside the Bend Urban Growth Boundary and therefore would be included within the Planning Area for the Bend Area General Plan. The Deschutes County Comprehensive Plan states that "Suburban residential development on parcels ranging from 2 acre to 5 acres in the area should be encouraged within the fringe of the urban areas and discouraged in rural areas." The proposed SR-1 zoning would be consistent with that statement. 2. That there is a public need for the proposal. The Bend area has been characterized as generally having a shortage of buildable lots and this proposal would help alleviate some of that shortage. 3. Woodside Ranch Homeowners were not within the notification area. The County deeming this action to be in the public interest, IT IS HEREBY ORDERED that the zoning of the following described property be changed from A-1 to SR-1 as shown on the attached map: Page 1 - ORDER rt 2 %J19 Intersection of Woodside Road and Murphy Road, South of Bend, or more specifically a portion of Tax Lot 300, Township 18 South, Range 12 East, Section 21. DONE BY ORDER OF THE COUNTY COMMISSIONERS this 1s;4 day of October, 1978, to become effective immediately. BOARD OF COMMISSIONERS VOL 29 FAEE 120 FINDINGS OF FACT ZONE CHANGE z-77-43 DESCHUTES COUNTY PLANNING COMMISSION 1. The Applicant is HIGH COUNTRY INVESTMENT COMPANY, a partnership consisting of ROBERT G. BUESCHER and NICHOLAS H. JEPSON. The partnership's address is P.O. Box 324, Bend, Oregon 97701. 2. The property is located in Section 21, Township 18 South, Range 12 East of the Willamette Meridian in Deschutes County, Oregon. 3. The property is currently zoned A-1, Exclusive Agriculture. 4. The zone change request seeks a zone change from A- 1 to SR-1, Surburban Residential. . 5. Approximately three (3) acres of the property is located within the Bend Urban Growth Boundary. The remaining twelve (12) acres are located just outside of the Bend Urban Growth Boundary. The property is undeveloped and has a pine, juniper and sage cover. 6. The zone change is in compliance with the Bend Area General Plan and with the Deschutes County Comprehensive Plan in the following particulars: a. The portion to the north of Murphy Road is contained within the present Bend Urban Growth Boundary. It Page 1 29 FAGE 121 is classified in the Bend Area General Plan as an alter- native development area. Without community sewer facili- ties, the minimum lot requirement is 20,000 square feet per lot. This standard is met by the proposed rezoning. b. The area south of Murphy Road is just outside of and adjacent to the present Bend Urban Growth Boundary. Surbaban residential development on parcels ranging from one-half acre to five acres in area should be encour- aged within the fringe of urban areas and discouraged in rural areas. The properties located to the north and west of the subject property are zoned SR-1 and development of this property into one-half acre parcels would result in a logical extension of current growth patterns in this area. r c. Substantial weight should be given to existing land use patterns as a basis for urban growth proposals where the expansion of existing patterns is logical and reasonable and where it would not result in the extension of the existing incompatible land use conditions and become a barrier to improvement of the existing conditions over time. 7. Water will be supplied to each individual lot by a community water system. 8. Sewage treatment will be by individual septic tank and drainfield as approved by the Department of Environ- mental Quality. 9. The proposed zone change is in conformity with the Oregon Land Conservation and Development Commission's Page 2 S VOL 29 FACE 122 statewide planning goals as evidenced by the following findings of fact: a. Goal No. 3. Agricultural Lands. This property is not suitable for agriculture because of the lack of availability of irrigation water, poor soil type and the short growing season in this area. Furthermore, the property has never been used as agricultural land and the goal specifically refers to the preservation and maintenance of agricultural lands. b. Goal No. 4. Forest Lands. There is no mer- chantible timber on the property. The predominant species of tree on the property is scrub juniper with an inter- mingling of some small pines: There is no contemplated commercial utilization of any forest products which might be contained on this land. The land comprising Zone Change Request Z-77-43 is not needed for watershed protection or fisheries habitat nor does it provide any existing recreation use. There are no identified extreme conditions of climate, soil or topography which would require the maintenance of vegetative cover. The land in question is located adjacent on both the west and north to other residential subdivisions and does not provide any urban buffer, windbreack, fishery habitat, livestock habitat or scenic corridor. The proposed zone change will have no affect on wildlife habitat. Page 3 VOL 29 ?AGE 123 c. Goal No. 5. Open Spaces, Scenic and Historic Areas and Natural Resources. The area which is contained within the boundaries of the proposed zone change has a tree cover which, when taken together with 20,000 square foot minimum lot size residential development will not impair any open space value of this property. There has been no identified conflict between wildlife and rezoning of this property. The area has not been identified as containing any known mineral or aggregate resources nor has it been identified as having any known sources of energy. The property was not identified as having particular open space value, recreational potential, historical sig- nificance or outstanding scenic qualities by the 1974 Central Oregon Open Space Recreation Study. The area is not ecologically or scientifically sig- nificant with respect to any natural area. The area contains no outstanding scenic views or sites. The area is not within the proximity of any water areas, wetlands, water sheds, or ground water resources. The area is not within a designated wilderness area. The area contains no known historic sites, areas, structures or other objects. The area is not identified as having a significant cultural history. Page 4 VOL 29 ?AGE 124 The area is not within any potential or proved Oregon Recreation Trails or Federal Wild and Scenic Waterways or State Scenic Waterways. d. Goal No. 6. Air, Water and Land Resources Quality. In order to maintain an improved 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 Department of Environmental Quality Regulations promulgated to protect these environmental qualities. e. Goal No. 7. Area Subject to Natural Disasters and Hazards. The property is not subject to slides or earthquakes nor is it subject to flooding. f. Goal No. 8. Recreational Needs. There is no current or contemplated recreational use of this property. g. Goal No. 9. Economy of the State. Allowance of the zone change will enable subdivision of this property thus providing a significant number of jobs in the construc- tion industry. It will also add sigficantly to the tax rolls of Deschutes County. h. Goal No. 11. Public Facilities and Services. This site would have paved roads, underground utilities,---a community water system, and individual septic tanks and drainfields. Facilities such as schools, fire protection and medical facilities are located between one and five miles to the north. A new elementary school site has been aquired a short distance to the north across the Burlington Page 5 VOL 29 PACE 125 Northern Railroad. i. Goal No. 12. Transportation. The new Sunnyside Boulevard arterial will extend across the northern portion of the site. Any development of this property will probably require dedication and improvements to the road by the developer. The continuation of Sunnyside Boulevard through the area comprising the proposed zone change is consistent with long range transportation goals in this area as the road will then connect with Murphy and Sipchen Roads completing the network of arterials in this area and enabling residents of the east side of Bend easier access from South Highway 97. j. Goal No. 13. Energy Conservation. Sunnyside Boulevard, referred to in (i) above will provide for more direct access for many residents on the east side of Bend from South Highway 97. This should aid in reducing con- gestion on that highway and the resultant increased gasoline consumption. k. Goal No. 14. Urbanization. The land in question borders the Bend Urban Growth Boundary on the north and on the west. The lands within the Urban Growth Boundary to the north and to the west have been zoned SR-l. The urbanization goal states "to.provide for an orderly and efficient transition from rural to urban land use. Urban growth boundaries shall be established to identify and separate urbanizable land from rural land. The intent of Page 6 1 ' von 29 -Acs 126 the goal is clear, there is to be an orderly transition from rural to urban. The area to the north and west as pre- viously stated is zoned SR-1. The area to the east is zoned A-1 but contains a cinder pit. The area to the south is zoned A-1 and is owned by the applicants who propose to develop it at a later time in 22 acre parcels. To the south of that property is located Woodside Ranch which is pre- sently developed in 2 to 3 acre parcels. The proposed change in zoning would, therefore, not adversely effect the orderly transition from rural to urban land use. 10. Conformance with ORS 215.055. This site is currently undeveloped with pine, juniper and sage cover. The proposed zoning would continue a pattern of land use which exists to the west and to the north of the property. The A-1 property with the cinder pit to the east of the proposed zone change does not need a buffer between it and residential property. The property to the south is owned by the developer and development into 2Z acre parcels is contemplated. This development would be compatible with. the 2 to 3 acre parcels in Woodside Ranch some one-half mile to the south of the proposed zone change. There is a public need for property of this type. The Brightenwood Estates subdivision immediately to the west has sold rapidly and the evidence is that all subdivisions in the area of the proposed zone change have experienced high rates of sales. The property in question has good.tree Page 7 i ' VOL 29 PAGE 12 1 cover which enchances the demand for the proposed use. This site is proposed as the best for development as compared with other properties as it is a natural extension of the Brightenwood Estates subdivision to the west. It is a natural extension not only in terms of subdivision development but also in the completion of Sunnyside Boulevard as an arterial. Sunnyside Boulevard now goes only to the west boundary of the land for which the zone change is requested and dead ends at that point. Property values will not be adversely affected by this subdivision. The remaining statutory requirements of ORS 215.055 have been addressed in the material set forth herein re- garding the conformity to the LCDC Goals and Guidelines. DATED: 1978. f APPROVED: C'` S utes County Planning Commission Page 8