HomeMy WebLinkAboutOrdinance 2009-010, Vandevert Road LLCDeschutes 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 April 20, 2009
Please see directions for completing this document on the next page.
DATE: 04/07/09
FROM: Will Groves CDD x6518
TITLE OF AGENDA ITEM:
First Reading of Ordinance No. 2009 -010, 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. (File No. ZC -08 -7, Vandevert Road, LLC)
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
On March 30, 2009, the Board verbally approved File No. ZC -08 -7, the Vandevert Road, LLC
application for a zone change from F -1 to F -2. Because no emergency clause was requested prior to the
close of the hearing, the ordinance is to be adopted in the normal course, requiring at least 13 days
between the first and second reading. The ordinance will then be effective 90 days from the adoption.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Conduct the first reading of the ordinance.
ATTENDANCE: Legal, Will Groves
DISTRIBUTION OF DOCUMENTS:
BOCC, Legal, Will Groves
Community Development Department
Planning Division Building Safety Division Environmental Health Division
April 7, 2009
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 -010.
(File No. ZC -08 -7, Vandevert Road, LLC)
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 March 30, 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.
DOCUMENTATION
Board's written findings and 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 April 20,
2009.
Please feel free to contact me with any questions or concerns.
Quality Services Performed with Pride
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. 2009-010
WHEREAS, Vandevert Road, 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 January 27, 2009 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 March 30,
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.
/1/
PAGE 1 OF 2 - ORDINANCE NO. 2009-010 (04/20/09)
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 2nd 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.
PAGE 2 OF 2 - ORDINANCE NO. 2009-010 (04/20/09)
orto 2ooq -tot o Ex. A
LEGAL DESCRIPTION: DESCHUTES COUNTY ASSESOR'S MAP 20 -11 TAX LOT No. 105
VANDEVERT ROAD, LLC
18565 SOLEDAD CANYON ROAD, SUITE 300
SANTA CLARITA, CA 91351
All that certain tract of land as described in Volume 2008, Page 08636,
Deschutes County Official Records, located in Sections 17 and 20, Township 20
South, Range 11 East, W.M., Deschutes County, Oregon, described as follows:
Beginning at the Northeast corner of the East one -half of the Northwest one -
quarter of Section 20, Township 20 South, Range 11 East, W.M., said corner also
being the Northwest corner of Pine River Estates, CS08890, Deschutes County
Surveyor's Office Records; thence S 00 °40'42" W, along the East line of said
East one -half of the Northwest one - quarter and the West line of said Pine River
Estates, a distance of 1330.41 feet to the Northwest corner of Vandevert Acres,
CS10302, Deschutes County Surveyor's Office Records; thence leaving said West
line and continuing S 00 °40'42" W, along said East line and the West line of
said Vandevert Acres, 1330.41 feet to the Southeast corner of said East one -half
of the Northwest one - quarter; thence leaving said East and West lines
S 89 °58'00" W, along the South line of said East one -half of the Northwest one -
quarter, 1327.41 feet to the Southwest corner of said East one -half of the
Northwest one - quarter, said corner also being the Southeast corner of Common
Tract F, Vandevert Ranch, Phase 1, CS10305, Deschutes County Surveyor's Office
Records; thence leaving said South line N 00 °40'28" E, along the West line of
said East one -half of the Northwest one - quarter and the East line of said Common
Tract F, 288.16 feet to the Easterly right of way of South Century Drive; thence
leaving said East line and said right of way and continuing N 00 °40'28" E, along
said West line, 216.87 feet to the Westerly right of way of said South Century
Drive and a point on the East line of Common Tract E, said Vandevert Ranch;
thence leaving said right of way and continuing N 00 °40'28" E, along said West
and East lines, 1134.24 feet to said Westerly right of way; thence leaving said
East line and said right of way and continuing N 00 °40'28" E, along said West
line, 409.73 feet to said Easterly right of way and the most Southerly corner of
Common Tract B, said Vandevert Ranch; thence leaving said right of way and
continuing N 00 °40'28" E, along said West line and the East line of said Common
Tract B, 600.98 feet to the Southwest corner of the Southeast one - quarter of the
Southwest one - quarter of Section 17, Township 20 South, Range 11 East, W.M.;
thence leaving said West line N 00 °40'35" E, along said East line and the West
line of said Southeast one - quarter of the Southwest one- quarter, 309.77 feet to
the centerline of Vandevert Road; thence leaving said East and West lines
N 79 °09'43" E, along said centerline, 1893.99 feet to the centerline of Blue
Eagle Road; thence leaving the centerline of said Vandevert Road, along the
centerline of said Blue Eagle Road, the following bearings and distances:
S 24 °18'13" E, 348.98 feet; thence Southerly, 157.64 feet, along the arc of a
curve concave to the West, having a radius of 200.00 feet (the long chord of
which bears S 01 °43'28" E, 153.59 feet); thence S 20 °51'16" W, 194.42 feet to
the South line of the Southeast one - quarter of said Section 17, said line also
being the North line of said Pine River Estates; thence leaving said centerline
S 89 °54'23" W, along said South and North lines, 615.18 feet to the point of
beginning.
Containing 102.99 acres gross, more or less.
SUBJECT TO:
1. Easement to Deschutes County for Vandevert Road and South Century Drive,
located in Sections 17 and 20, 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 08636, 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 08636, Deschutes County Official Records.
Prepared by Baxter Land Surveying, Inc. P.O. Box 7022
Bend, OR 97708 (541) -382 -1962
y
REGISTERED
PROFESSIONAL
LAND SURVEYOR t
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OREGON
JANUARY 2B, 1 m
TIM K. CHAPMAN
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Subject Property
20 -11 -00 00-00105
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Zone Change from
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Legend
Subject Property 20- 11 -00 -00 -00105
County Zoning
EFU La Pine Subzone (EFULA)
Flood Plain (FP)
Forest Use 1 (F1)
Forest Use 2 (F2)
Rural Residential (RR10)
PROPOSED ZONING MAP
Vandevert Road, LLC
Exhibit "B"
to Ordinance 2009 -010
V V
330 660
1,320 1,980
Feet
April 02, 2009
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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 April, 2009
Effective Date: July 2009
DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS
FILE NUMBER:
APPLICANT/
PROPERTY OWNER:
APPLICANT'S
ATTORNEY:
REQUEST:
STAFF REVIEWER:
HEARING DATE/
RECORD CLOSED:
ZC -08 -7
Vandevert Road, LLC
18565 Soledad Canyon Road, Suite 300
Santa Clarita, California 91351
Tamara E. MacLeod
Karnopp Petersen, LLP
1201 N.W. Wall Street, Suite 300
Bend, Oregon 97701
The applicant requests approval of a zone change from F -1 to F -2
for an approximately 98.68 -acre parcel located west of Highway
97 and south of Sunriver.
Will Groves, Senior Planner
March 30, 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
C.
II.
1. Chapter 23.92, Forest Lands
* Section 23.92.020, Goal
* Section 23.92.030, Policies
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
FINDINGS OF FACT:
Page 1 of 3 — EXHIBIT "C" TO ORDINANCE 2009 -004
The Board of County Commissioners ( "Board ") adopts and incorporates herein by reference the
findings of fact proposed by the Hearings Officer in the February 25, 2009, decision, as revised
and supplemented herein.
A. Procedural History: On February 25, 2009, 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 March 30, 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. No public comment was received in writing. No
members of the public spoke at the public hearing on the subject application on March
30, 2009.
As discussed in the February 25, 2009 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 February 25, 2009, decision, as revised and
supplemented herein.
B. Conditions of Approval.
FINDINGS: In the February 25, 2009 Hearings Officer Decision, the Hearings Officer approved
the application subject to the following condition of approval:
Prior to the public hearing before the Deschutes County Board of Commissioners
on the zone change, the applicant/owner shall submit to the Planning Division a
metes - and - bounds legal description of the property subject to the zone change.
The applicant provided the required a metes - and - bounds legal description of the property prior
to the Board public hearing on the subject application on March 30, 2009. This condition has
Page 2 of 3 — EXHIBIT "C" TO ORDINANCE 2009 -004
been met and is not included as a condition of this approval.
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
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County Zoning
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: Flood Plain (FP)
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Forest Use 2 (F2)
Rural Residential (RR10)
PROPOSED ZONING MAP
Vandevert Road, LLC
Exhibit "B"
to Ordinance 2009 -010
V V
0 330 660 1,320 1,980
Feet
April 02, 2009
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 April, 2009
Effective Date: July 2009
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Legend
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County Zoning
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Rural Residential (RR10)
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Vandevert Road, LLC
Exhibit "B"
to Ordinance 2009 -010
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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 April, 2009
Effective Date: July 2009
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County Zoning
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Flood Plain (FP)
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Rural Residential (RR10)
PROPOSED ZONING MAP
Vandevert Road, LLC
Exhibit "B"
to Ordinance 2009 -010
V V
0 330 660
1,320 1,980
Feet
April 02, 2009
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 April, 2009
Effective Date: July , 2009
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Legend
Q Subject Property 20- 11 -00 -00 -00105
County Zoning
EFU La Pine Subzone (EFULA)
Flood Plain (FP)
Forest Use 1 (F1)
Forest Use 2 (F2)
Rural Residential (RR10)
PROPOSED ZONING MAP
Vandevert Road, LLC
Exhibit "B"
to Ordinance 2009 -010
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0 330 660 1,320 1,980
Feet
April 02, 2009
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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 April, 2009
Effective Date: July 2009
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Legend
Subject Property 20- 11 -00 -00 -00105
County Zoning
EFU La Pine Subzone (EFULA)
Flood Plain (FP)
Forest Use 1 (F1)
Forest Use 2 (F2)
Rural Residential (RR10)
Zone Change from
Forest Use 1 (F1)
to
Forest Use 2 (F2)
PROPOSED ZONING MAP
Vandevert Road, LLC
Exhibit "B"
to Ordinance 2009 -010
V V
0 330 660 1,320 1,980
Feet
April 02, 2009
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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 April, 2009
Effective Date: July , 2009