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Home My WebLink AboutOrder 001 - Williams WellDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701·1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of 117113 Please see directions for completing this document on the next page. DATE: 12/11112 FROM: Will Groves. CDD 388-6518 TITLE OF AGENDA ITEM: Consideration and Signature of Order No. 2013-001, Accepting Conservation Easement and Approving a Request to Add a Well on Property Subject to a County-Held Conservation Easement PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: The Williams Family Trust has requested to place a well on property adjacent to the Deschutes River that is subject to a conservation easement granted to the County. This conservation easement expressly allows for "water pumping facilities" in the easement area, provided the Deschutes County give prior written approval and that specific findings are made. StafIbelieves that the proposed well complies with the requirements of the conservation easement that the proposed well will protect of scenic, water quality, and habitat values in and along the river. StafIhas drafted the required findings, attached as Exhibit A. FISCAL IMPLICATIONS: None. RECOMMENDATION & ACTION REQUESTED: Motion: Approve signature of Order 2013-001 ATTENDANCE: Will Groves, Legal DISTRIBUTION OF DOCUMENTS: Original to Will Groves who will work with the applicant for recording in the Clerk's records. ~ i 1 i 1 i REVIEWED LEG~EL For Recording Stamp Only I BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Accepting Conservation Easement and * Approving a Request to Add a Well on Property * ORDER NO. 2013"()01 Subject to a County-Held Conservation Easement * WHEREAS, the Board of County Commissioners ("Board") received a request from the Williams Family Trust (Williams, Woody W. & Martha S. Trustees) to place a well on property identified as Deschutes River Recreation Homesites Unit 9, Part 2, Lot 81, Block 53; and 1 WHEREAS, the subject property is subject to a conservation easement granted to the County and recorded on October 29,2008 at Volume 2008, Page 43701 of the records of the County Clerk; and WHEREAS, the Board of County Commissioners ("Board") considered this matter at their regularly scheduled meeting on January 7,2013 and concluded that the proposed well is consistent with the conservation I" easement; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. The Board, representing the grantee, ratifies Kevin Harrison's signature on October 28,2008 I 1 as the County's acceptance of the conservation easement recorded in the Deschutes County Official Records at 2008-43701, encumbering the property of Woody W. Williams and Martha S. Williams, as Trustees of the Williams Family Trust, grantors. Section 2. The Board also consents to the construction of the well within the easement. 1 III 1 I J PAGE 1 OF2-0RDERNO.2013-001 1 Section 3. In support of the consent, the Board adopts the findings of the staff attached as Exhibit "A"I I to this document." Dated this ____,2013 BOARD OF COUNTY COMMISSIONERS i• -- OFDESCHUTESCOUNTY,OREGON ANTHONY DEB ONE, Chair J I ALAN UNGER, Vice Chair ArrEST: Recording Secretary TAMMY BANEY, Commissioner STATE OF OREGON ) ) ss. County of Deschutes ) Before me, a Notary Public, personally appeared ANTHONY DEB ONE, ALAN UNGER and TAMMY BANEY and the above-named Board of County Commissioners of Deschutes County, Oregon and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. DATED this __day of _____-', 2013. Notary Public for Oregon My Commission Expires: _________ PAGE20F2-0RDERNO.2013-001 I EXHIBIT “A” - FINDINGS LOCATION: The property is located at 17035 Upland Drive, Bend and is identified on Deschutes County Assessor's Map # 20-10-13D as tax lot 17700. APPLICANT/ OWNERS: Williams Family Trust Williams, Woody W Williams, Martha S Williams, Woody W & Martha S Trustees 804 S. 131st St Omaha, NE 68154 REQUEST: Prior written approval for a well under a conservation easement recorded on October 29, 2008 at Volume 2008, Page 43701. STAFF CONTACT: William Groves, Senior Planner I. STANDARDS AND APPLICABLE CRITERIA The conservation easement recorded on October 29, 2008 at Volume 2008, Page 43701. II. BASIC FINDINGS: A. LOCATION: The property is located at 17035 Upland Drive, Bend and is identified on Deschutes County Assessor's Map # 20-10-13D as tax lot 17700. B. LOT OF RECORD: The subject property is a legal lot-of-record as it is Deschutes River Recreation Homesites Unit 9, Part 2, Lot 81, Block 53. C. ZONING: The subject property is zoned Rural Residential – 10 (RR-10). The property is also zoned Flood Plain (FP), however, the proposed well is outside of the FP Zone. The property is also located within the Landscape Management (LM) and Wildlife Area (WA) Combining Zones. LM-12-48 Page 2 D. SITE DESCRIPTION: The subject property is level in the area of the dwelling with moderate-density, pine trees of various ages. The property then slopes down towards the river with a wetland area adjacent to the Deschutes River. Surrounding land use is rural residential. The proposed well is located outside of mapped floodplains and wetlands shown on the Local Wetland Inventory. E. PROPOSAL: The applicant has requested to place a well in an area on the subject property encumbered by the conservation easement recorded on October 29, 2008 at Volume 2008, Page 43701. This conservation easement expressly allows for “water pumping facilities” in the easement area, provided the Deschutes County give prior written approval and that specific findings are made. III. FINDINGS: A. CONSERVATION EASEMENT 1. Section 2.2. Restrictions on Structures A. Except as provided herein no new structures of any kind, including mobile homes, shall be placed on or erected within the restricted area. Grantor(s) retains the right to perform ordinary maintenance on all existing buildings and structures within the restricted area, together with the right to replace, rebuild, or substitute any building or structure now existing with a similar building or structure to the extent allowed by the Deschutes County Zoning Ordinance. B. Except upon prior written approval by the Grantee, Grantor(s) shall not place or erect or allow to be placed or erected within the restricted area: (1) Tents, travel trailers, recreational vehicles or camping facilities of any kind; (2) Above-ground utilities, associated structures, or lines; or (3) Water pumping facilities. Approval of new water pumping facilities shall include a review of the proposed location, pumping facility design and visual and sound reducing screening for consistency with the protection of scenic, water quality and habitat values in and along the river FINDING: This conservation easement expressly allows for “water pumping facilities” in the easement area, provided the Deschutes County gives prior written approval for the well. This matter will be brought before the Board of County Commissioners for review and signature. The applicant has provided a plot plan of the proposed well location, photos of the proposed well location, and a photo of the proposed well and housing. The well and housing will be under two feet in height and finished in earth tones. No adverse impacts to water quality, scenic LM-12-48 Page 3 resources, or habitat values are anticipated. Staff therefore finds that the proposed well is consistent with the protection of scenic, water quality and habitat values in and along the river. IV. CONCLUSION: Based on the foregoing Basic and Conclusionary Findings, Staff finds that the proposed well can comply with the applicable standards and criteria of the conservation easement. Other permits may be required. The applicant is responsible for obtaining any necessary permits from the Deschutes County Building Division, the Deschutes County Environmental Soils Division and the Deschutes County Road Department, as well as any required state and federal permits. These findings are based upon the application, site plan, specifications, and supporting documentation submitted by the applicant. Any substantial change in this approved use will require a new review. DESCHUTES COUNTY PLANNING DIVISION Written by: Will Groves, Senior Planner Dated this 27th day of November, 2012