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32-652-Order Recorded 9/27/1979VOL 32 PAGE 652 BEFORE THE BOARD OF COUNTY COMMISSIONERS 114 THE STATE OF OREGON FOR TH2 COUNTY OF DESCHUTES In the Matter of ) File No. Z-78-38 Zone ) Change Request by ) O R D E R Robert T. Morris, From ) A-1, Exclusive Agriculture 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 Hearings officer, having received the application of Robert T. Morris for a zone change from A-1, Exclusive Agriculture the RR-1, Rural Recreation Residential, on a portion of Tax Lot 400 in the sourtheast quarter of Section 24, Township 20 South, Range 10 East of the Willamette Meridian and the public hearing a matter of record of the record of the Hearings officer on June 22, 1978 and July 20, 1978 which was denied. The application was appealed to the Deschutes County Planning Commission with the public hearing a matter of record on September 20, 1978 and April 11, 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 increase 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 whereever 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; vFile No: Z-78-38 ~ 5 Page 2 b) That need will be best served by changing the classification of the particular piece of property in question as compared with other available property. II. FINDINGS OF FACT A) The area sought to be rezoned and the proposed subdivision is 40 acres in size. The proposed subdivision is for 36 lots, each lot approximately 1/2 acres in size. B) The density for the subdivsion would be one unit per acre in accordance with RR-1 zoning. C) Each lot would have its own well and be served by a community sewer sytem. D) Adjoining properties to the East is the Camp Paulina property with some cabins, to the West is Fountainbleau subdivision, to the North across the Deschutes River is property owned by applicant, and to the South across Century Drive is U.S. Forest Service land. E) Access will be provided by paved, private roads from South Century Drive. F) Subject property is currently zoned A-1, Exclusive Agriculture. G) Subject property is not on farm deferral and does not come under the Interim Agricultural Ordinance. III. CONCLUSIONARY FINDINGS A) Conformance with the Comprehensive Plan: The Planning Commission has determined that the application is in conformance with the Deschutes County Comprehensive Plan because: 1. Generally speaking, private lands which are considered suitable for recreation-residential development are those lands which are located close to or within areas of significant areas of recreation attraction, where methods and techniques of water supply and sewage disposal can be utilized without degradation of service and underground water supplies, where access via highways and roads is now or reasonably can be made available, and where recreation-residential development will not conflict with other proposals of the plan which reserve lands for agriculture and other resource management purposes. The most easily identifiable areas which meet these criteria are private lands within the upper Deschutes River Basin, South of Sunriver, and lands West and Northwest of Bend and in the vicinity of Sisters. Part 5, page 6. 2. The County's base of economic activities should be broadened by encouraging large scale recreation oriented activities which can capitalize upon the growing importance of recreation as an economic activity. Part 3, page 1. VOL 32 FACE 654 File No. Z-78-38 Page 3 3. The County should recognize the full potential of lands capable of recreation subdivision development through the application of reasonable design and improvement standards which will: assure proper access to all lot owners, encourage good design in relation to natural and scenic amenities, avoid adverse affects on adjacent private or public lands, related lot area to physical requirements for adequate sewage disposal and water supply, assure lot owners of reasonable access to natural waterways, and prevent impairment of water quality. Part 3, page 2. 4. 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 the improvement of the existing conditions over time. Part 3, page 3. 5. The Landscape Management area of the designation of the Deschutes County Comprehensive Plan is met by the proposed zone change and subdivision based upon the setbacks that are made a condition of approval as set forth in the Minutes of the Deschutes County Planning Commission on April 11, 1979. B) Conformance with the Statewide Planning Goals: The application is in conformity with the Land Conservation and Development Commission goals as more particularly set forth above: 1) Goal #1 Citizen Involvement - notapplicable. 2) Goal #2 - Land Use Planning - not applicable. All applicable regulations have been followed. 3) Goal #3 - Agricultural Lands - not applicable. 4) Goal #4 - Forest Lands. Not applicable. The subject property is primarily lodge pole pine. 5) Goal #5 - Open Space, Scenic/Historic Areas, Natural Resources. The site is located along the Deschutes River which has scenic and open space value to many people. This scenic and open space value has been preserved by the setbacks that are made a condition of approval as set forth in the Minutes of the Deschutes County Planning Commission on April 11, 1979. 6) Goal #6 - Air, Water, Land Resources Quality. The residents are only three miles from the Sunriver Development which provides the majority of services required by the recreation residential type development. 7) Goal #7, Areas Subject to Natural Disasters. The property is located along the Deschutes River and the setbacks provided as a condition of approval will help with respect to placement va 32 FAcE 655 File No. Z-78-38 Page 4 of this dwelling out of flood areas. The access road will be designed to withstand high water in the area. 8) Goal #8 - Recreational Needs. This subdivision will help supply the recreational needs of the State in providing a high quality recreational residential subdivision in the Sunriver area. 9) Goal #9 - Economy. The short-term economic impacts of the development will generate a multiplier effect for the cash flow generated by the actual construction of the site. The Lapine Citizen's Advisory Committee has determined that the development of recreational residential subdivisions has a positive long-term impact on the community. 10) Goal #10 - Housing. The development would allow thirty-six (36) lots in the area which represent an inventory of lots which are significantly better designed and significantly better planned than existing subdivisions in the area outside of Sunriver. 11) Goal #11 - Public Facilities & Services. The Band School District would not be adversely affected by this property because by far and away the majority of homesites would be developed as recreational type sites, or would be developed by persons near retirement or at retirement age. All other facilities are already available to the site, including septic tank and drainfeild approvals, telephone, electricity and water in an area where wells are readily available. 12) Goal #12 - Transportation. Access is provided to the subdivision by paved private roads from South Century Drive. 13) Goal #13 - Energy Conservation. See Goal #6. 14) Goal #14 - Urbanization. The subject property is not within any urban growth boundary. C) That the application has demonstrated a public need for the proposal and that the need will be best served by changing the classification of the particular piece of property in question as compared with other available property. 1. Public Need. The Planning Commission finds that there has been testimony presented which demonstrates that there is public need for additional recreational type lots in the South Century Drive area that provide access to the river as well as provide river frontage. Outside developments such as Sunriver, there are few, if any, developments which provide access with paved roads and a community sewer system. There are few, if any, lots available in the area with these types of qualities. Reference is also made to findings made by the Lapine Citizen's Advisory Committee with respect k-. 6. File No. Z-78-38 Page 5 va. 32 fAcE 656 2. That public,need is best met at this location. The property has access off South Century Drive, is within three miles of the Sunriver Development, and is being developed in a manner consistent with uses to which property in the area has already been put. The Planning Commission finds that this public need demonstrated above is best met at this location based upon the factors set forth above. 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 to RR-1 as shown on the attached map. Done by the order of the Board of Commissioners this a'J day of Sept., 1979, to become effective immediately. Original: County Clerk BOARD OF COMMISSIONERS RMAN CO ISSIONER COMMISSIONER COPIES: Planning Department (3) County Counsel Hearings Officer Assessor Board of Commissioners A-". S I GIIATURIE OF PLAN:J I NG D I RECTO'S OP I --:P;;`S[J,TAT I `dE DATE: 44 NOTICE OF PUBLIC NEARIiJG~ VOL NOTICE IS HEREBY GIVEN THAT THE DESCHUTES COUIJ - Y PLANNING .COMMISSION WILL HOLD A PUBLIC HEARING ON _ AT -77• ?Jp - AM PM I N ROOM 106 COUIN Y COURTHOUSE ANNEX ON THE FOLLO;'IIIIG REQUEST. ALL IN- TERESTED PERSONS MAY APPEAL, BE HEARD, BE REPRESENTED BY COUNCIL OR SEND WRITTEN SIGNED•TESTIFIONY. ALL WRITTEN REPLYS MUST BE RECEIVED BY THIS DEPARTMENT PRIOR TO THE HEARING DATE. NOTICE. TO MORTGAGEE, _LIEi'JfiOLDE_R, VEdDO R OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE TN I S NOTICE, IT t'IUST PP,Oi'if'1 LY BE F0►t4'WHI -ED TO THE PURCHASER. FILE IdU : Z-78-38 Al PP1 I CANT : Fbbert Morris P R 0 P 0 S A L : An appeal of an application for approval of a zone change from A-1, which was denied by the Hearings Officer at public hearings on June 22 and July 20, 1978. DE a -C R I PT I 0 W. Located Northerly off of South Century Drive, approx. 1l~ miles West of its intersection with Huntington Road and is further described as a portion of tax lot 400 in SE4 of Section 24, T20S, R10E.