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HomeMy WebLinkAbout81-004voL 37PAGE 542 WHEREAS, Tumalo Irrigation District applied for rezoning of certain property from Multiple Use Agriculture (MUA) Zone to Rural Service Residential (RSR -5) Zone; and WHEREAS, notice of hearing was given in accordance with law; and WHEREAS, the Board of County Commissioners held a hearing on the proposed zone change on January 8, 1981; and WHEREAS, the Board of County Commissioners approved the rezoning of the property from Mutliple Use Agriculture (MUA) Zone to Rural Service Residential (RSR -5) Zone; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. To amend Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, to change the zoning from Multiple Use Agriculture (MUA) Zone to Rural Service Residential (RSR -5) Zone for the parcel of real property described as: Tax Lot 800, Section 29B, Township 16 South, Range 12 East of the Willamettte Meridian, Deschutes County, Oregon, and depicted on the map marked Exhibit A, attached hereto and by this reference incorporated herein. Section 2. To adopt as the Board of County Commissioners' findings and conclusions, the findings submitted by the applicant dated March 25, 1980, relating to Zone Change No. Z-80-11, marked Exhibit B, attached hereto and by this reference incorporated herein. Section 3. This ordinance being necessary for the immediate preservation of public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. ORDINANCE NO. 81-004, PAGE 1 BEFORE TjiE BOARIS OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Ordinance ) No. PL -15, Deschutes County ) Zoning Ordinance of 1979; Rezoning ) CC I L E Certain Property from Multiple ) f' Use Agriculture (MUA) Zone to ) Rural Service Residential (RSR -5) ) MAR 16 1981 Zone; and Declaring an Emergency. ) ROSEMARY PATTERSON ORDINANCE NO. 81-004 DESCHUTES COUNTY CLERK WHEREAS, Tumalo Irrigation District applied for rezoning of certain property from Multiple Use Agriculture (MUA) Zone to Rural Service Residential (RSR -5) Zone; and WHEREAS, notice of hearing was given in accordance with law; and WHEREAS, the Board of County Commissioners held a hearing on the proposed zone change on January 8, 1981; and WHEREAS, the Board of County Commissioners approved the rezoning of the property from Mutliple Use Agriculture (MUA) Zone to Rural Service Residential (RSR -5) Zone; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. To amend Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, to change the zoning from Multiple Use Agriculture (MUA) Zone to Rural Service Residential (RSR -5) Zone for the parcel of real property described as: Tax Lot 800, Section 29B, Township 16 South, Range 12 East of the Willamettte Meridian, Deschutes County, Oregon, and depicted on the map marked Exhibit A, attached hereto and by this reference incorporated herein. Section 2. To adopt as the Board of County Commissioners' findings and conclusions, the findings submitted by the applicant dated March 25, 1980, relating to Zone Change No. Z-80-11, marked Exhibit B, attached hereto and by this reference incorporated herein. Section 3. This ordinance being necessary for the immediate preservation of public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. ORDINANCE NO. 81-004, PAGE 1 _ VOL 37PAGE 543 DATED this r� day of ATTEST: Recording Secretary ORDINANCE NO. 81-004, PAGE 2 Ra..4%!.4 , 1981. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ( IVO) ROBERT C. PAULSON, JR., Chairman Of-d'jr%o,nce No. 'bi-00'-f -Tur'jalp 19 T�r2�a�'ion Dys+. I :I 30 I 29 SII S Lt 63 e J JI, 900 [L-Lj 704 (D; -,700 S-4 1602 Gco lo(Do VOL PAGE 5 act B TL SOO 55 800 7C1 Ljj 702 330 703 o 4 [L-Lj 704 (D; -,700 S-4 1602 Gco lo(Do TWALG IRRIGATION DISTRICT F—xh',b;+ 8 'y 64697 COOK. AVE- B[ND. On[GON 97701 m 37PAcE 545 Phnne 382-3053 TV March 25, 1980 Criteria for Requested: Minor Partition Zone Change Amendment Change to Plan Legal Description: Township 16 South, Ranr;e 12 E4•M, Section 29, N!..1'4 NWd Tax Lot 800 1. Goals set forth in Deschutes County Cor,iprehensive Plan Rural Development (page 49) a) To preserve and enhance the open spacer-, rural :character, scenic values and natural resources of the County The scenic value and the rural character of the property will be main- tained, Pregardless of the requested change;, as it is protected by natural juniper screening. The natural resources are limited on this property. It is not economically feasible for agriculture due to the limited size, the terrain of the land, and the lack of irrigation water. The only trees on the parcel are un- marketable as a resource, but necessary to pr -']serve the privacy and rural character of the parcel. h) To guide the location and design of rural development so as to minimize the pUblic costs of facilities and services, to avoid unnecessary expansion of service boundaries, and to preserve and enhance the safety and viability of rural land uses. The use of the land as two residential parcels will allow for additional development close to already established services. This parcel is less than one mile from the Tumalo Rural Service Center and therefore facilities are easily accessible. The property is dissected by Cline Falls Highway and is in close proximity to Highway 20. Edge Hill Drive on the south and east side of the property afford access to Cline Falls Highway. No furthar public road services are required. The Tumalo El-_,mentary School is one-half mile from the property. The Tumalo Fire Hall is approximately the same distance. Utilities are available and established on three sides of the property. Underground facilities can be expanded from the subdivision on the east and south boundaries. c) To provide for the possible long-term expansion of urban areas while protecting the distinction between urban lands and rural lands. There is no conflict with this goal. 2. Goals set forth by the State Plan There are no conflicts to Statewide goals, based on criteria as outlined in that plan. Goal 5 and 6 apply the same manner as in goal (a)�,, the County Plans d tailed above. VOL 31',m�4U Coal 10 is spoken to in goal,(6) of the County Plan as indicated. The public need (items 3 & 4 following) also details goal 10. Goal 11, 12, 13 and 14 are also covered in information provided by items 3 and 4. 3. There is a public need for the proposal. To the best of our knowledge, there is only one 5 acre parcel available for sale within one mile of the Tumalo Rural Service Center. There are very few additional 5 acre parcels sold and undeveloped in this area. There is considerable demand in the area in;,r�diately adjacent to the service center for parcels of this size. In addition to being accessible to the service center, it is 6 miles from Bend and readily available to'the workplace. In general, as the plan documents will bear out, the .majority of lots available are in the..LaPine area, whereas the demand for rural residential lots is in the outlying areas of the City of Bend. As the accompanying letters from real estate personnel will attest, market demand has increased for rural parcels of 5 acres or less. This is especially true of small rural parcels close to a rural service center such as Tumalo. Current real estate demand and 1979 sales experience indicate that 20-251, of market activity is directly related to rural residential acreage. There is not a very important need for a 13 acre parcel close to the service center that is not economically feasible for agricultural purposes. The property is more of an asset to the community as residential use. The parcel will be for residential use, whether it remains one or two lots. By remaining one lot it will be available to a limited number of people vlho can afford to pay in excess of $50,000 for a building site. There are considerable 5 acre parcels in this area already developed that will testify to the need of such lots in this geographic location. A uniformity hl,s been established for such parcels in this area. A,, the accompanying map locating these 5 acre parcels will attest, this particular lot is more the exception as there are a ereater majority of 5 acre parcels in the adjoining area. V 4. The need will be best served by changing the classification of the property. As this is one of the few sites in the Tumalo area in the vicinity of the rural service center that could be further developed without any burden to the public or to the surrounding property owners and without changing the rural characteristics, we feel this is where development should be encouraged. The use outlined in the plan (agricultural) is not feasible, as detailed previously. Further, it is not the best use for the property due -to its location. The boundary line for 5 acre residential parcels is just 1300' south of the property in question. Referring to the map of 5 acre parcels established in the area, this parcel of 12.83 appears to be the exception to a uniform pattern of 5 acre parcels. voL 37PAGE 54 �.'.� Mutual facilities couid be, developed for the two lots,-i.e., well and septic tank, to serve the parcels jointly. Underground facilities can be extended from services existing surrounding the property. We have letters from property owners ad,acent consenting to our requests, The specific locational advantages of the property in relation.to services and facilities in the Tumalo Rural Service Center are outlined in (1). Our req:e-st for the zone change and partition is also in keeping with the goals outlined for Tumalo as a rural community. Open space in excess of 65%.;,rould exist on each.lot created, even.after the building of a home. In reviewing goals and policies set forth in PL -15 4.150 and 4..160, we feel that our requests are also in keeping with that criteria. In addition, this acreage would be returned to tine tax roles of the County by becoming privately owned as result of a sale.