33-394-Order Recorded 10/23/1979VOL
BEFORE THE BOARD OF COUNTY COMMISSIONERS
IN THE STATE OF OREGON
FOR THE COUNTY OF DESCHUTES
In the Matter )
of File No. Z-79-12 )
Zone Change Request by )
Frank Kristovich from )
A-1-10, Exclusive Ag-
riculture, 10 Acre Min- )
imum to A-1-5, Exclusive Agri-)
cluture five acre minimum. )
33 PACE 394
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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 Frank Dristovich for a zone change from
A-1-10, Exclusive Agriculture ten acre minimum to A-1-5,
Exclusive Agriculture five acre minimum, on Tax Lot 100, in the
west half of Section 3, Township 15 South, Range 10 East of
the Willamette Meridian and the public hearings a matter of
record of the Hearings officer on September 11, 1979 and
September 25, 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 proce-
dure 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;
Page 2. Vr% 3 %E395
b. That need will be best served by changing the clas-
sification of the particular piece of property in
question as compared with other available property.
II. Findings
A. Subject Property
1) Location: The subject property is located southeasterly
of the cul-de-sac at the end of Barclay Drive, approximatel
1 1/2 miles easterly of Camp Polk Road and is further
described as Tax Lot 100 in the west half of Section 13,
Township 15 South, Range 10 East of the Willamette Mer-
idian.
2) Zone: A-1-10, Exclusive Agricultural 10 acre minimum.
3) Comprehensive Plan Designation: Suburban Residential
4) Site Description: The site slopes toward the west and
is covered with Ponderosa pine and brush. There is
one single-family dwelling on the subject property.
The property is 10.27 acres in size. The subject property
is not on any special farm assessments. Barclay Place
Road is a public road and is not maintained by Deschutes
County.
B. Vicinity Information
All lands surrounding subject property are zoned A-1-10,
Exclusive Agricultural 10 acre minimum.
III. Conclusions
A. The subject property is zoned A-1-10, Exclusive Agriculture
10 acre minimum. Section 2.090 of PL-5 states: "Where an
area is required to have greater lot sizes than the minimum
area specified by zone, because of such reasons as sanitation
or topographical conditions, or as may be requested by property
owners in the area, the zone designation symbol shall be fol-
lowed by a number designating the lot size, which shall be
the minimum parcel size permitted."
B. The policies of the Comprehensive Plan state: (Suburban Resi-
dential)
1) Suburban Residential are areas encouraged along Pine Street
north of the rodeo grounds, along Cascade Street east of
the school playing field, within the area between Squaw
Creek and the National Firest boundary south of the com-
munity and along the curve of the proposed U.S. Highway
20 by-pass south and west of the community. These areas
are partially developed in suburban-type uses and are
generally accessible via the existing street system.
Page 3.
vas 33 PACE 396
2) Three categories of residential development are shown
on the plan in consideration of the different intensities
(densities) of residential development to be accommodated.
They are:
(This one applicable to this development) Suburban Resi-
dential lots ranging from one-half acre to five acres in
area, located in outlying fringe areas.
C. Applicable LCDC Goals:
1) All the 14 Goals have been addressed and we find that all
goals are either non-applicable or will be covered by
regulations established by the County Sanitation Depart-
ment, County Road Department, or other county agencies.
D. The evidence supports and the Staff Report confirms that the
addition of one lot in this area by this proposed zone change
would have little detrimental effect. It would only allow
one additional lot in the area; that lot would have its own
subsurface sewage disposal system and wells and is also within
the Sisters Fire District. Further, the property has frontage(
on Barclay Place, a public road and subject property is lo-
cated fairly close to the City of Sisters.
IV. 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-1-10 to
A-1-5 as shown on the attached map subject to the following
conditions:
1) The applicant will have to receive approval from the County
Sanitation Department before any permits will be issued.
2) The applicant will have to establish to the satisfaction of
the planning staff that there are no drainage problems with
the property or any deed restrictions that prohibit such de-
velopment; that there are adequate drainfields to handle two
as opposed to one homesite on this property.
vat 33 %%397
Page 4.
Done by the order
of
the Board of Commissioners
this
3
day
of (P-< 41-e,7 ,
1979,
to become effective immediately.
BOARD OF COMMISSIONERS.
CHA R
COMMISSIONER
C" COMMISSIONER
ORIGINAL: County Clerk
COPIES: Planning Department (3)
County Counsel
Hearings Officer
Assessor
Board of Commissioners
CJS:jr
cc/file
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT THE DESCHUTES COUNTY HEARINGS OFFIC
WILL HOLD A PUBLIC HEARING ON/' -2t_
r_V
~7 , AT 7: 3~ AM/ iq IN ROOM 106, COUNTY COURTHOUSE ANNEX
ON THE FOLLOWING REQUEST. ALL INTERESTED PERSONS MAY APPEAR, BE
HEARD, BE REPRESENTED BY COUNCIL OR SEND WRITTEN SIGNED TESTIMONY.
ALL WRITTEN REPLYS MUST BE RECEIVED BY THIS DEPARTMENT PRIOR TO
THE HEARING DATE.
NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER
215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY
BE FORWARDED TO THE PURCHASER.
FIf NO: Z 79-12
APPLICANT Frank Kristovich
PROPOSAL: A zone change to allow the applicant to partition
the subject property into five acre parcels, in
an A-1-10, Exclusive Agriculture ten acre minimum to
an A-1-5, Exclusive Agriculture five acre minimum
DESCRIPTION:
located southeasterly of the cul-de-sac at the end
of Barclay Drive approx. 1 1/2 miles easterly of.
of Camp Polk Road and is further described as Tax
Lot 100 in west half of Section:r,3, Township 15 S,
Range 10 East of Williamette Meridian.
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