HomeMy WebLinkAboutOrdinance 004 - Chg from F-1 to F-2 ZoneDeschutes 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 February 11, 2009
Please see directions for completing this document on the next page.
DATE: 1/14/09
FROM: Will Groves
CDD x6518
TITLE OF AGENDA ITEM:
Consideration of Second Reading, by Title Only, and Adoption of Ordinance No. 2009 -004, Amending
Title 18, the Deschutes County Zoning Map, to Change the Zone Designation for Certain Property
From Forest Use Zone — F -1 to Forest Use Zone — F -2.
PUBLIC HEARING ON THIS DATE? Yes
BACKGROUND AND POLICY IMPLICATIONS:
The applicant requested approval of a zone change from F -1 to F -2 for the subject property. On January
5, 2009, the Board deliberated and voted to approve the subject application and to adopt the Hearings
Officer's findings and conclusions with a revision regarding the discussion of the lot of record status.
Because of recent hearings officers' decisions related to whether or not parcels deeded from the fedt;ral
government are legal lots of record, the Board determined that such a determination should be madt: at
a later application stage and that it was not necessary for this decision.
Staff has also prepared an ordinance to implement the zone change approved by the Board's decisic.n.
The first reading was conducted at the January 26 Board business meeting.
The County accepted the application as complete on September 21, 2008. The 150 -day clock will
expire on February 18, 2009.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Adopt Ordinance No. 2009 -004, amendments to text of Title 18 of the Deschutes County Code, tilt.
Deschutes County Zoning Ordinance.
ATTENDANCE: BOCC, Legal, Will Groves
DISTRIBUTION OF DOCUMENTS:
BOCC, Legal, Will Groves
Community Development Department
January 6, 2009
Planning Division Building Safety Division Environmental Hea th Division
117 NW Lafayette Avenue Bend Oregon 97701 -1925
(541)388 -6575 FAX (541)385 -1764
http : / /www.co.deschutes.or.us /cdd/
MEMORANDUM
To: Deschutes Board of County Commissioners
From: Will Groves, Associate Planner
Subject: Ordinance Adoption 2009 -004.
BACKGROUND
The applicant requested approval of a zone change from F -1 to F -2 for the subject
property. Although the applicant did not file a development application in conjunction
with this application, the intent of the proposed zone change is to expand the uses
permitted on the subject property to include potential mapping and development of a
destination resort, a use not permitted in the F -1 Zone.
On January 5, 2009, the Board deliberated and voted to approve the subject application
and to adopt the Hearings Officer's findings and conclusions, as revised.
Staff has also prepared an ordinance to implement the zone change approved by the
Board's decision.
The County accepted the application as complete on September 21, 2008. The 150 -day
clock will expire on February 18, 2009.
DOCUMENTATION
Board's written findings and decision, Hearings Officer's decision, and implementing
ordinance are attached for your review.
SCHEDULE
This item is scheduled for a work session at the Board's regular meeting on January 12,
2009.
Quality Services Performed with Pride
REVIEWED
LEGAL COUNSEL
REVIEWED
CODE REVIEW COMMITTEE
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 18, the Deschutes
County Zoning Map, to Change the Zone
Designation for Certain Property From Forest Use
Zone — F -1 to Forest Use Zone — F -2.
*
*
*
ORDINANCE NO. 2009-004
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 Januar) 5,
2009 and approved the zone change; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAI',IS
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:
TAMMY BANEY, Chair
DENNIS R. LUKE, Vice Chair
Recording Secretary ALAN UNGER, Commissioner
Date of 1st Reading: day of , 2009.
Date of 2 "a Reading: day of , 2009.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tammy Baney
Dennis R. Luke
Alan Unger
Effective date: day of , 2009.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2009-004 (01/26/09)
�)Ci.i2 (3L'r A
LEGAL DESCRIPTION: DESCHUTES COUNTY ASSESOR'S MAP 20 -11 TAX LOT No. 104
PAUL ODLAND/ BELVERON REAL ESTATE PARTNERS LLC
750 BATTERY STREET 7" 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 20 °51'16" 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 04 °22'10" 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
LAND SURVEYOR
Prepared by Baxter Land Surveying, Inc. P.O. Box 7022
Bend, OR 97708 (541)- 382 -1962
OREGO
JANUARY 2, 991
TIM K. CHAPMAN
2te.,. <., _.
(u -f1/0 �
DIV
Iv%
* II
I il
pm
pi
Pi
0
RD
VA
Subject Property
20-11-00-00-00104
KODIAK. LN
BEAR PAW LN
MOCKINGBIRD :LN
DIPPER,LI
TRUMPETERTN
O
OLD WOOD.RD
GRIMM -RD
RU GUELFIRD
7/
U
Q
Legend
Q Subject Property 20- 11 -00 -00 -00104
County Zoning
EFU La Pine Subzone (EFULA)
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
0 330 660 1,320 1,980
Feet
January 07, 2009
Zone Change from
Forest Use 1 (F1)
to
Forest Use 2 (F2)
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Tammy Baney, Chair
Dennis R. Luke, Vice Chair
Alan Unger, Commissioner
ATTEST: Recording Secretary
Dated this day of January, 2009
Effective Date: January 2009
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
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
I. 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
Page 1 of 4 — EXHIBIT C to ORDINANCE 2009 -004, File No. ZC -08 -4
II. 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.
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 attorneys) testified at the public hearing on
January 5, 2009The 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,
Page 2 of 4 — EXHIBIT C to ORDINANCE 2009 -004, File No. ZC -08 -4
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
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.
/1/
Page 3 of 4 — EXHIBIT C to ORDINANCE 2009 -004, File No. ZC -08 -4
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.
Dated this of , 2009 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
TAMMY BANEY, Chair
DENNIS R. LUKE, Vice Chair
Recording Secretary ALAN UNGER, Commissioner
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tammy Baney
Dennis R. Luke
Alan Unger
Effective date: day of , 2009.
ATTEST:
Recording Secretary
Page 4 of 4 — EXHIBIT C to ORDINANCE 2009 -004, File No. ZC -08 -4
