2009-72-Ordinance No. 2009-004 Recorded 2/17/2009REVIEWED
LEGAL COUNSEL
DESCHUTES COUNTY OFFICIAL RECORDS
NANCY BLANKENSHIP, COUNTY CLERK ICJ 2009-72
COMMISSIONERS' JOURNAL
111111111 ,,,,1„„11.,,11„ „1 02/17/2009 12:3:40 PM
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 18, the Deschutes
County Zoning Map, to Change the Zone * ORDINANCE NO. 2009-004
Designation for Certain Property From Forest Use
Zone - F-1 to Forest Use Zone - F-2.
WHEREAS, Belveron Real Estate Partners, LLC applied for a zone change to Title 18, Deschutes
County Zoning Map, to rezone certain property from Forest Use Zone - F-1 to Forest Use Zone - F-2; and
WHEREAS, a public hearing was held on October 14, 2008 before the -Deschutes County Hearings
Officer after notice was give in accordance with applicable law and the hearings officer approved the zone
change ; and
WHEREAS, the Board of County Commissioners ("Board") conducted a public hearing on January 5,
2009 and approved the zone change; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Title 18, Zoning Map, is amended to change the zone designation
for certain property described in Exhibit "A" hereby and depicted on the map set forth as Exhibit "B", attached
and by this reference incorporated herein, from Forest Use Zone - F-1 to Forest Use Zone - F-2.
PAGE 1 OF 2 - ORDINANCE NO. 2009-004 (01/26/09)
Section 2. FINDINGS. The Board adopts as its findings in support of this decision, the Decision of
the Board, attached to Ordinance 2009-004 as Exhibit "C", and by this reference incorporated herein.
Dated this ~ of , 2009 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
TAMMY BAN Y, Chair
D IS R. LUKE, Vice Chair
ALAN UNGER, Commissioner
Date of 1" Reading: Z.,V day of 2009.
Date of 2nd Reading: / / day of '2009.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tammy Baney t✓
Dennis R. Luke ✓
Alan Unger ✓
-F~
Effective date: day of 2009.
PAGE 2 OF 2 - ORDINANCE NO. 2009-004 (01/26/09)
LEGAL DESCRIPTION: DESCHUTES COUNTY ASSESOR'S MAP 20-11 TAX LOT No. 104
PAUL ODLAND/ BELVERON REAL ESTATE PARTNERS LLC
750 BATTERY STREET 7T" FLOOR
SAN FRANCISCO, CA 94111
All that certain tract of land as described in Volume 2008, Page 8368, Deschutes
County Official Records, located in Sections 16, 17, 20 and 21, Township 20
South, Range 11 East, W.M., Deschutes County, Oregon, described as follows:
Beginning at the Southwest corner of the East one-half of the East one-half of
Section 20, Township 20 South, Range 11 East, W.M., said corner also being the
Southeast corner of Vandevert Acres South, CS10303, Deschutes County Surveyor's
Office Records; thence N 00°40'13" E, along the West line of said East one-half
of the East one-half and the East line of said Vandevert Acres South, a distance
of 1848.03 feet to the Southeast corner of Vandevert Acres, CS10302, Deschutes
County Surveyor's Office Records; thence continuing N 00°40'13" E, along said
West -line and the East line of said Vandevert Acres, 808.80 feet to the
Northeast corner of the Northwest one-quarter of the Southeast one-quarter of
said section; thence N 00°40'49" E, along said West and East lines, 1331.04 feet
to the Southeast corner of Pine River Estates, CS08890, Deschutes County
Surveyor's Office Records; thence continuing N 00°40'49" E, along said West line
and the East line of said Pine River Estates, 1331.58 feet to the Northwest
corner of said East one-half of the East one-half and the Northeast corner of
said Pine River Estates; thence leaving said West and East lines S 89°53'01" W,
along the North line of said section and Pine River Estates, 711.47 feet to the
centerline of Blue Eagle Road; thence leaving said North line, along said
centerline the following bearings and distances: N 20051116" E, 194.42 feet;-
thence Northerly, 157.64 feet, along the arc of a curve left having a radius of
200.00 feet (the long chord of which bears N 01°43'28" W, 153.59 feet); thence
N 24°18'13" W, 349.27 feet to the centerline of Vandevert Road; thence leaving
said centerline of Blue Eagle Road N 79°02'42" E, along the centerline of said
Vandevert Road, 3009.87 feet to the Westerly right of way of the Burlington
Northern Santa Fe Railroad; thence leaving said centerline, along said right of
way the following bearings and distances: S 08°09'48" W, 16.36 feet; thence
Southerly, along a 50-foot offset centerline spiral curve right, 336.74 feet
(the long chord of which bears S 09°24'14" W, 336.67 feet); thence leaving said
spiral curve Southerly, along the arc of a circular curve right, 355.51 feet,
having a radius of 2554.51 feet (the long chord of which bears S 15°53'24" W,
355.22 feet); thence leaving said curve Southerly, along a 50-foot offset
centerline spiral curve right, 336.74 feet (the long chord of which bears
S 22°22'34" W, 336.67 feet); thence leaving said spiral curve S 23°37'00" W,
1883.46 feet; thence Southerly, along a 50-foot offset centerline spiral curve
left, 384.14 feet (the long chord of which bears S 22°01'30" W, 384.03 feet);
thence leaving said spiral curve Southerly, along the arc of a circular curve
left, 398.46 feet, having a radius of 2342.01 feet (the long chord of which
bears S 13°59'35" W, 397.98 feet); thence leaving said curve Southerly, along a
50-foot offset centerline spiral left, 384.14 feet (the long chord of which
bears S 05°57'40" W, 384.03 feet); thence leaving said spiral curve
S 04022110" W, 2503.93 feet; thence Southerly, along a 50-foot offset centerline
spiral curve right, 199.05 feet (the long chord of which bears S 04°52'09" W,
199.05 feet) to the South line of said section; thence leaving said right of way
N 89°45'20" W, along said line, 702.00 feet to the point of beginning.
Containing 182.34 acres gross, more or less.
SUBJECT TO:
1. Easement to Deschutes County for Vandevert Road, located in Sections 16 and
17, T. 20 S., R. 11 E., W.M., dated December 4, 1970 and recorded December
15, 1970, in Volume 173, Page 494, Deschutes County Records and per
Volume 2008, Page 8368, Deschutes County Official Records.
2. Easement to Deschutes County for Blue Eagle Road, located in Section 17,
T. 20 S., R. 11 E., W.M., dated October 28, 1976, and recorded November 22,
1976, in Volume 241, Page 178, Deschutes County Records and per
Volume 2008, Page 8368, Deschutes County Official Records.
REGISTERED
PROFESSIONAL
.AND SURVEYOR
JANUARY iq,41*1
71M K. CHAPMM
9477
Prepared by Baxter Land Surveying, Inc. P.O. Box 7022
Bend, OR 97708 (541)-382-1962 "P-~4r (u-I !j q
Subject Property
20-11-00-00-00104
F
Zone Change from
Forest Use 1 (F1)
to
Forest Use 2 (F2)
w.ayw wr..io.wr~ra.a.
o-aw.wy
x-..._.ac~aa ....wrxm wwr.srm.yra.~w
Legend
M'Subject Property 20-11-00-00-00104
County Zoning
EFU La Pine Subzone (EFUTA)
Flood Plain (FP)
Forest Use 1 (F1)
Forest Use 2 (F2)
Rural Residential (RR10)
PROPOSED ZONING MAP
Belveron Real Estate Partners, LLC
Exhibit "B"
to Ordinance 2009-004
V L)
0 330 660 1,320 1,080
Feat
January 07, 2009
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ud&, i,-& -
Tammy ey, Chair
nis R. Luke, Vice Chair
Ala Jnger~Ct o~tm~m'ssioppr~
ATTEST: Recording Secta
Dated this day of: 2009
Effective Date: daauary 2009
q160.
DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS
FILE NUMBER: ZC-08-4
APPLICANT/
PROPERTY OWNER: Belveron Real Estate Partners, LLC
268 Bush Street, #3534
San Francisco, California 94104
APPLICANT'S
ATTORNEY: Liz Fancher
644 N.W. Broadway Street
Bend, Oregon 97701
REQUEST: The applicant requests approval of a zone change from F-1 to F-2
for an approximately 179.49-acre parcel located west of Highway
97 and south of Sunriver.
STAFF REVIEWER: Will Groves, Senior Planner
HEARING DATE: January 5, 2009
1. APPLICABLE STANDARDS AND CRITERIA:
A. Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance
1. Chapter 18.136, Amendments
* Section 18.136.010, Amendments
* Section 18.136.020, Rezoning Standards
B. Title 23 of the Deschutes County Code, the Deschutes County Comprehensive
Plan
1. Chapter 23.92, Forest Lands
* Section 23.92.020, Goal
* Section 23.92.030, Policies
C. Oregon Administrative Rules (OAR) Chapter 660
1. OAR 660-012-0060, Plan and Land Use Regulation Amendments
2. OAR 660-015-0000, Statewide Planning Goals
Ill. FINDINGS OF FACT:
The Board of County Commissioners ("Board") adopts and incorporates herein by reference the
findings of fact proposed by the Hearings Officer in the November 26, 2008, decision, as revised
and supplemented herein.
Page 1 of 3 - EXHIBIT "C" TO ORDINANCE 2009-004
A. Procedural History: On November 26, 2008, the Hearings Officer issued a decision
approving the subject application. Section 22.28.030(C) requires: "[Z]one changes
concerning lands designated for forest use shall be heard de novo before the Board
of County Commissioners without the necessity of filing an appeal, regardless of the
determination of the Hearings Officer[.]" Pursuant to that section, the Board held a de
novo public hearing on the subject application on January 5, 2009.
The entire record of the proceeding to date was placed before the Board at the public
hearing, and the Board closed the record at the conclusion of the hearing. At the
hearing; the Board deliberated and voted to approve the subject application and to adopt
the Hearings Officer's findings and conclusions, as revised and supplemented herein.
B. Public Notice and Comments: The Planning Division mailed individual written notice of
the public hearing before the Board to the owners of record of all property located within
750 feet of the subject property. In addition, notice of the public hearing was published
in the "Bend Bulletin" newspaper.
One member of the public and Applicant's attorney testified at the public hearing on
January 5, 2009. The member of the public that testified, Carol MacBeth, represented
1,000 Friends of Oregon and testified that the proposed zone change did not comply
with the policies for forest land included in the Comprehensive Plan.
As discussed in the November 26, 2008 Hearings Officer Decision, property designated
for forest uses can be zoned either F-1 or F-2, depending on the degree to which the
land is "impacted". Based on the evidence in the record, the Hearings Officer found that
applicant's proposal to rezone the subject property to F-2 conforms with the property's
plan designation.
The Board concurs with Hearings Officer's conclusion, as revised and supplemented
herein.
III. CONCLUSIONS OF LAW:
A. Adoption of Hearings Officer's Conclusions of Law
FINDINGS: The Board adopts and incorporates herein by reference the conclusions of law
proposed by the Hearings Officer in the November 26, 2008, decision, as revised and
supplemented herein.
B. Lot of Record.
FINDINGS: In the November 26, 2008 Hearings Officer Decision, the Hearings Officer found
that the subject property constitutes a separate legal lot of record. Subsequently, in file number
PA-08-2/ZC-08-2/MA-08-8, the Hearings Officer found that a property with a similar history of
federal conveyance was not a lot of record since it was not created by a partition or subdivision,
and was not exempt from the county's land division requirements, since the federal preemption
terminated when the property was conveyed to the present landowner.
Given the similar federal conveyance history of the subject property, the Boards finds that the
Lot of Record status of the subject property is unresolved. The applicant's attorney, at the
January 5, 2009 hearing, stated that she would recommend to her client to resolve this issue in
Page 2 of 3 - EXHIBIT "C" TO ORDINANCE 2009-004
the near future by applying for Lot of Record Determination.
In file number PA-08-2/ZC-08-2/MA-08-8, the Hearings Officer found the provisions of Chapter
18.136 governing zone changes do not use the terms "lot" and "parcel," and do not require that
land be a lot of record in order to be rezoned.
Therefore, the Board finds that the Lot of Record status of the subject property is unresolved,
but that the subject property need not be a Lot of Record in order to be rezoned because no
approval criteria require such a resolution.
IV. DECISION:
Based on the foregoing Findings of Fact and Conclusions of Law, the Board hereby
APPROVES the Applicant's proposed zone change from F-1 to F-2 for the subject property.
Page 3 of 3 - EXHIBIT "C" TO ORDINANCE 2009-004