32-646-Order Recorded 9/27/197914 VOL 32 FAuC 646
BEFORE THE BOARD OF COUNTY COMMISSIONERS
IN THE STATE OF OREGON
FOR THE COUNTY OF DESCHUTES
In the Matter
of File No. Z-79-8
Zone Change Request by )
Whitney Ball from A-1-T, ) O R D E R
Exclusive Agricultural with)
Transitional Standards to )
RR-1, Rural Recreation )
Residential )
ORDER, approving an application for a zone change as provided by
the Deschutes County Procedural Ordinance, PL-9,
WHEREAS, the Deschutes County Planning Commission, having received
the application of Whitney Ball for a zone change from A-1-T, Ex-
clusive Agriculture with Transitional Standards to RR-1, Rural
Recreation Residential on tax lots 1500 RI and 1600 in Section
34, Township 14 South, Range 10 East of the Willamette Meridian
and the public hearing a matter of record of the Planning Commission
on August 22, 1979.
Based on that record, the Board of County Commissioners finds,
concludes and orders as follows:
I. Legal Findings
A. Section 6.000 of the ordinance providing for uniform procedure
governing land use applications, PL-9 states:
1) The burden of proof is upon the one seeking change. The
degree of that burden increases proportionately with the
degree of impact of the change which is sought.
2) The applicant shall in all cases establish:
a) Conformance with the Comprehensive Plan; and
b) Conformance with all applicable statutes; and
c) Conformance with all applicable ordinance provisions
setting forth the various criteria to be employed for
re-zoning, conditional uses and variances; and
d) Conformance with Statewide Planning Goals wherever
they are determined to be applicable.
3) In addition to the requirements of subsection (2) of this
section, the applicant shall in the case of a requested
re-zoning establish:
a) That there is a public need for a change of the kind
in question;
b) That need will be best served by changing the classifi-
cation of the particular piece of property in question
2.
File No. Z-79-8
tVOL 32 PAGE 647
as compared with other available property.
II. Findings of Fact
A. The property is located in the Northwest Quarter of Section 34,
Township 34 South, Range 14 East or the Willamette Meridian,
Deschutes County, Oregon and is approximately 2 1/2 miles north
of the City of Sisters with access to be provided via Camp Polk
Road and Foothill Lane.
B. The developer and applicant is Whitney Ball.
C. The applicant seeks a zone change from A-1-T to RR-1 and in
conjunction therewith, requests approval for Preliminary Plat
No. 483 of Starr Ranch.
D. The proposed plat consists of 30 lots approximately four acres
in size located on approximately 120 acres.
E. Water will be provided by individual wells.
F. Sewer will be individual septic tanks and drain fields. The
area is outside of any Urban Service Boundary.
G. Power will be provided by Central Electric Cooperative; phone is
provided by United Telephone System.
H. The property is within the Sisters Rural Fire Protection Dis-
trict.
I. The property is within the Sisters School District boundaries.
III. Conclusionary Findings
A. Conformity with the Deschutes County Comprehensive Plan:
1) The property is designated as Recreation Residential on the
Deschutes County Comprehensive Plan. The area lies outside
the Sisters Urban Area Growth Boundary.
21 The area is not identified as being extensive or intensive
agricultural. This is consistent with the uses to which the
land has been put.
B. Conformity with the LCDC Goals and Guidelines:
11 Goal #3 Agricultural Lands. The area is not subject to the
agricultural lands tax deferral program and is therefore not
subject to the LCDC Order of September 15, 1978.
The USDA classifies this property as scabland and is conducive
to small acreage lot sizes with a combination of rock, juniper
and pine tree cover.
4 VOL 32 FACE 64"S
3.
File No. Z-79-8
The property cannot be economically used as agricultural
property. However, by dividing the property into four acre
parcels, there will be the ability to use the available irri-
gation water for amore intensive agricultural purpose, such
as home gardens and some hay production.
2) Goal #4 Forest Lands. This goal is not applicable because
the land is not suitable for forest uses.
3) Goal #5 Open Spaces, Scenic and Historic Areas and Natural
Resources. This area has not been identified or inventoried
as containing any significant cultural areas, historical areas,
natural areas, open spaces, scenic areas, or wilderness areas.
Deschutes County has not established or determined any mineral
resource value in this area as compared to other areas and a
conflict is not known to exist at this time.
The lots and roads have been designated with the idea in the
mind of creating a minimum impact upon the natural visual
aesthetics of the site. There are no specific outstanding
scenic views that will be affected by the development as pro
poSed_.
4) Goal #6 - Air, Water & Land Resources Quality. The subdivision
itself is not of a nature that will decrease the quality of
the air, water or land in a particular area. Water will be
provided by individual wells in compliance with State require-
ments. All sewage disposal systems must comply with the State
and County requirements and will be approved on a lot by lot
basis by the County Sanitarian.
5) Goal #7 - Areas of Natural Disasters and Hazards. This area
has not been identified as being subject to any known natural
disasters or hazards and is not within any known flood plane.
6) Goal #8 - Recreational Needs. This goal is generally directed
toward governmental agencies that are responsible for facilities
and opportunities. However, the rural setting of the develop-
ment will provide an opportunity to enjoy open space and natural
scenic landscapes of the rural environment in question. The
location takes advantage of the scenic views of the Cascades
to the west.
7)
Goal #9 - Economy of the State. The logical result of the de-
velopment will be an increase in the potential market for build-
ing contractors. This is particularly true in that the demand
for small, rural sites remains strong. It can also be anti-
cipated that because of the quality of the proposed development
the assessable value of the land will increase with benefit
to the county.
8) Goal #10 - Housing. This development will provide the addition
of needed lots for building sites in the 2 1/2 to five acre
4.
File No. Z-79-8
rVOL 32 NCE649
category. This goal requires flexibility of housing location,
type and density. This particular area is identified as
being a recreation-residential reserve and the particular lot
sizes will help to fulfill this need. Variety is provided
because of the natural sites that will take advantage of the
property in question.
9) Goal #11 - Public Facilities and Services. This development
can comply with the goal requiring timely, orderly, and ef-
ficient arrangement of public facilities and services, because
it results in an extension of an existing subdivision known
as Indian Ford Ranch and Indian Ford Meadows. This develop-
ment is therefore already being served by Central Electric
Cooperative and United Telephone Service.
10) Goal #12-Transportation. Although this particular goal
is directed to the governing body as indicated by discussions
of mass transit, air and rail transportation, the proximity
of the development to Sisters, assists in compliance with
the goal. Access can be obtained to Sisters via Camp Polk
Road.
11) Goal #13- Energy Conservation. Utility services by the elec-
tric and telephone company are already available to the
development. The proposed use of land would not affect or
deplete any non-renewable sources of energy. Furthermore,
because of the close proximity to Sisters, the development
complies with the Energy Conservation Guideline requiring
land use planning to maximize increased density gradients
along high capacity transportation corridors to achieve
greater energy efficiency.
12) Goal #14 - Urbanization. The development in questions com-
plies with this LCDC goal by providing an orderly and ef-
ficient transition from rural to urban land use. The proposed
development is in the nature of a rural residential sub-
division providing the densities of not less than four acres
per lot. The development or rural character roads is used
to protect the natural environment of the subdivision in
question. Urban growth is being restricted to areas within
the Urban Growth Boundaries. The character of this sub-
division in and of itself is to maintain a rural character
that will be consistent with the surrounding development
and surrounding land uses. The development in no way conflicts
with the urban growth boundary of Sisters.
C. Public Need:
1) There is a very limited number of 2 1/2 to five acre building
sites available at this time. The demand continues to run
strong for larger building sites, especially larger building
sites with irrigation water available.
2) The need will be best served by developing this property
ti
VOL 32 rAcc 650
5.
File No. Z-79-8
as compared with developing other available property.
There is going to be a limiated amount of property zoned that
provides for 2 1/2 to five acre parcels. Property within
the Urban Growth Boundary would be too valuable to be developed
into five acre parcels.
Furthermore, this property would be developed as an extension
of Indian Ford Ranch, which is an existing one acre development
lying immediately west of the project.
IV. Conclusion and Order
It appears to the Board that these facts support the proposed
zone change, and
The County deeming this action to be in the public interest,
IT IS HEREBY ORDERED that the zoning be changed from A-1-T to
RR-1 as shown on the attached map.
Done by the order of the Board of Commissioners this .27
day of , 1979, to become effective immediately.
BOARD OF COMMISSIONERS
CHAIRMAN
C&~
COMMISSIONER_
a4'~t a
COMMISSIONER
ORIGINAL: County Clerk Jo
COPIES: Planning Department (3)
County Counsel
Hearings Officer
Assessor
Board of Commissioners
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