HomeMy WebLinkAbout84-01895-17149 va 52 FADE x'65
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
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An Ordinance Amending Ordin-
ance PL -15, Deschutes County
Zoning Ordinance of 1979, as
Amended, Rezoning Certain
Property From Exclusive Farm
Use 80 to F-3, Forest, and
Declaring an Emergency.
ORDINANCE NO. 84-018
WHEREAS, Douglas Cascade Corporation proposed the rezoning
of certain property from Exclusive Farm Use 80 Zone to F-3 Forest
Zone for about 300 acres of a 620 acre parcel; and
WHEREAS, notice of hearing was given in accordance with law;
and
WHEREAS, the Hearings Officer held a hearing on the proposed
zone change on March 9, 1982; and
WHEREAS, the Hearings Officer recommended that the property
be rezoned from Exclusive Farm Use 80 Zone to F-3, Forest Zone by
decision dated March 22, 1982; and
WHEREAS, the decision of the Hearings Officer has not been
appealed to the Deschutes County Planning Commission; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. That Ordinance No. PL -15, Deschutes County
Zoning Ordinance of 1979, as amended, is amended to change the
zoning from Exclusive Farm Use 80 Zone to F-3, Forest Zone for
the parcel of real property described in Exhibit "A", attached
hereto and by this reference incorporated herein, and depicted on
the map marked Exhibit "B", attached hereto and by this reference
incorporated herein.
Section 2. To adopt as the Board of County Commissioners'
findings and conclusions, the findings and decisions of the
Hearings Officer dated March 22, 1982, relating to Zone Change
Application No. Z-81-29, marked Exhibit "C", attached hereto and
by this reference incorporated herein.
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VOL 52 PAbE 766
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.
DATED this J-9day of , 1984.
BOARD O OUNTY COMMISSIONERS
OF DES TES COUNTY, OREGON
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AL A. OU Ch n
ATTEST: (/ L
R16cording Secretary L
ISTOW PRANTE, Commissioner
A. TUTTLE, -t4e;nmissioner
F-3 Zone n &.�CaB NO.azzo c®�fi
• �Iit3� i By -
DATE
PROPERTY DESCRIPTION CXD.BY
Four tracts of land located in a portion of Sections 7, 8, 17 and 18,
Township 20 South, Range 11 East, Willamette Meridian, described as follows:
Tract 1 .. vol . 52 ?kCE 76 !
Beginning at a 3" Brass Cap marking the Northeast corner of said
Section 7; thence North 891 53' 50" East a distance of 1282.22
feet to the West 1/16 corner common to Sections 5 and 8; thence
following the east line of the West One -Half of the Northwest
One -Quarter of said Section 8 South 00° 08' 18" East a distance of
2617.13 feet to a 5/8" iron rod; thence South 89° 56' 39" West a
distance of 1380.09 feet to a 5/8" iron rod; thence North 68° 08'
41" West a distance of 236.37 feet to a 5/8" iron rod; thence
North 02° 12' 29" West a distance of 220.52 feet to a 5/8" iron
rod; thence North 41° 15' 04" East a distance of 85.40 feet to a
5/8" iron rod; thence North 01° 47' 20" East a distance of 387.56
feet to a 5/8" iron rod; thence North 35° 00' 08" West a distance
of 188.91 feet to a 5/8" iron rod; thence North 64° 44' 03" West a
distance of 460.07 feet to a 5/8" iron rod; thence South 89° 40'
20" West a distance of 688.03 feet to a 5/8" iron rod; thence
South 30° 37' 38" West a distance of 708.76 feet to a 5/8 " iron
rod; thence South 53° 11' 34" West a distance of 514.03 feet to a
5/8" iron rod; thence South 750 52' 33" West a distance of 433.58
feet to a 5/8" iron rod on the west line of the Northeast One -
Quarter of said Section 7; thence following the said west line of
the Northeast One -Quarter North 00° 13' 27" East a distance of
2439.16 feet to a 3" Brass Cap marking the North One -Quarter
corner of said Section 7; thence following the north line of said
Section 7 North 870 58' 30" East a distance of 2648.68 feet to the
Point of Beginning, the terminus of this description.
Except therefrom a parcel described as follows:
Beginning at a 5/8" iron rod which bears South 89° 53' 50" West
1407.54 feet and South 01° 27' 56" East 30.84 feet (North 89° 29'
05" West 1407.96 feet and South 000 56' 20" East 30.85 feet
record) from the North One -Quarter corner of said Section 8;
thence South 010 27' 56" East a distance of 149.94 feet (South 00°
56' 20" East 150.00 feet record) to a 5/8" iron rod; thence South
88° 22' 10" West a distance of 99.91 feet (South 89° 03' 40"West
100.00 feet record); thence North 010 30' 08" West a distance of
149.95 feet (North 000 56' 20" West 150.00 feet record) thence
North 880 22' 27" East a distance of 100.00 feet (North 890 03'
40" East 100.00 feet record) to the Point of Beginning, the
terminus of this description.
The above described Tract 1 cotains 193.14 acres, more or less, excluding
exception parcel.
VOL 52 FAcE 768
Tract 2
Begnning at the Southwest corner of the East One -Half of the
Northeast One -Quarter of said Section 18; thence following the
west line of the said East One -Half of the NE -14 North 000 05' 56"
East a distance of 2714.25 feet to the Northwest corner of said
East One-Hafl of the Northeast One -Quarter; thence following the
west line of the Southeast One -Quarter of the Southeast One -
Quarter of said Section 7 North 000 16' 06" East a distance of
1189.02 feet to a 5/8" iron rod; thence North 63° 46' 29" East a
distance of 278.11 feet to a 5/8" iron rod; thence North 550 02'
46" East a distance of 220.51 feet to a 5/8" iron rod; thence
North 640 57' 11" East a distance of 325.25 feet to a 5/8" iron
rod; thence North 230 43' 52" East a distance of 463.29 feet to a
5/8" iron rod; thence South 67° 47' 17" East a distance of 675.98
feet to a 5/8" iron rod; thence South 070 16' 25 " East a distance
of 882.44 feet to a 5/8" iron rod; thence South 360 33' 26" West a
distance of 657.99 feet to a 5/8" iron rod; thence South 250 46'
58" East a distance of 822.39 feet to a 5/8" iron rod; thence
South 12° 11' 06" West a distance of 1179.62 feet to a 5/8" iron
rod; thence South 50° 12' 18" West a distance of 234.81 feet to a
5/8" iron rod; thence South 230 44' 04" West a distance of 1095.71
feet to a 5/8" iron rod on the South line of the East One -Half of
the Northeast One -Quarter of said Section 18; thence following the
said South line South 89° 23' 28" West a distance of 754.60 feet
to the Point of Beginning, the terminus of this description.
The above described Tract 2 contains 136.80 acres, more or less.
Tract 3
Beginning at the Southeast corner of the West One -Half of the
Northwest One -Quarter of said Section 17; thence following the
south line of the West One -Half of the Northwest One -Quarter South
890 04' 16" West a distance of 1043.05 feet to a 5/8" iron rod;
thence North 390 12' 53" East a distance of 1649.76 feet to a 5/8"
iron rod on the east line of the West One -Half of the Northwest
One -Quarter of said Section 17; thence following the said East
line of the West One -Half of the Northwest One -Quarter South 00°
00' 18" West a distance of 1261.30 feet to the Point of Beginning,
the terminus of this description.
The above described Tract 3 contains 15.10 acres, more or less.
Tract 4
Beginning at the Southwest corner of the Northwest One -Quarter of
the Southeast One -Quarter of said Section 7; thence following the
west line of the said Northwest One -Quarter of the SE4 North 000
13' 27" East a distance of 393.97 feet to a 5/8" iron rod; thence
South 850 00' 47" East a distance of 377.53 feet to a 5/8" iron
rod; thence North 820 16' 28" East a distance of 188.22 feet to a
5/8" iron rod; thence South 310 33' 34" East a distance of 418.52
feet to a 5/8" iron rod to a point on the south line of the said
Northwest One -Quarter of the Southeast One -Quarter of said Section
7; thence South 870 49' 07" West a distance of 783.77 feet to the
Point of Beginning, the terminus of this description.
. The above described Tract 4 contains 5.65 acres, more or less. 'VOL 52 PAGE 769
The above described tracts are subject to: Road rights-of-way, easements,
restrictions, and other rights-of-way of record.
The above description is based upon a survey performed by Century West
Engineering Corporation dated 3/20/84 on file with the Deschutes County
Surveyor.
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Section'or Subdivision Sentin, -7p `i
FINDINGS;
1. LOCATION:
The subject property is located on the S.W. corner of Spring
River Road and Century Drive; and also includes the confluence
of the Little Deschutes River and the Big Deschutes River.
The property is further described as Tax Lots 1200 and 1300,
Township 20 south, Range 11 east, Sections 7, 8, 17, and 18.
2. ZONE:
The subject property is located in an EFU-80, Exclusive Farm
Use zone.
3. COMPREHENSIVE PLAN DESIGNATION:
Agriculture.
4. SITE DESCRIPTION:
The subject property consists of marginal farm land with some
Class IV soils that area associated with the riparian meadow
area. Over 50% of the area produces active stands of lodge -
pole pine trees and the remaining area consists of riparian
flood plain meadows.
Z-81-29 - DOUGLAS CASCADE CORP. -;PAGE 1
EXHIBIf 52 PACE
VOL
HEARINGS OFFICER
977 >
DESCHUTES
COUNTY COURTHOUSE ANNEX BEND, OREGON � �)
#
TELEPHONE(503)388.6626
1982
FINDINGS AND DECISION MAILT.
M DESCHI 'ES
r
COUNTY
bd
zGes's
FILE NO:
Z-81-29
APPLICANT:
Douglas Cascade Corp.
REQUEST:
A an application for a zone change to change
the zoning from EFU-80, Exclusive Farm Use to
F-3, Forest for about 300 acres of a 620 acre
parcel.
PLANNING STAFF
REPRESENTATIVE:
George Read
PLANNING STAFF
RECOMMENDATION:
Approval
PUBLIC HEARING:
The public hearing was held in room 106,
Deschutes County Courthouse Annex, Bend,
Oregon on Tuesday, March 9, 1982 at 7:00 P.M.
An oral decision was rendered at that time.
BURDEN OF PROOF:
In order to receive approval of this request
the applicant must meet the criteria set forth
in Article 10, Section 6.000 of Deschutes
County Zoning Ordinance PL -9.
FINDINGS;
1. LOCATION:
The subject property is located on the S.W. corner of Spring
River Road and Century Drive; and also includes the confluence
of the Little Deschutes River and the Big Deschutes River.
The property is further described as Tax Lots 1200 and 1300,
Township 20 south, Range 11 east, Sections 7, 8, 17, and 18.
2. ZONE:
The subject property is located in an EFU-80, Exclusive Farm
Use zone.
3. COMPREHENSIVE PLAN DESIGNATION:
Agriculture.
4. SITE DESCRIPTION:
The subject property consists of marginal farm land with some
Class IV soils that area associated with the riparian meadow
area. Over 50% of the area produces active stands of lodge -
pole pine trees and the remaining area consists of riparian
flood plain meadows.
Z-81-29 - DOUGLAS CASCADE CORP. -;PAGE 1
VOL 52 FACE 7'3
The land located adjacent to the subject property includes:
A substation for Pacific Northwest Bell Telephone and
Sunriver, a planned community(Destination Resort) consisting
of 1,500, recreational and permanent residential units at 1.5
units per acre with full support services, recreational
activities and a public access airport.
The property lies along the Little Deschutes River and
includes its confluence with the Big Deschutes River.
5. CONCLUSIONARY FINDINGS:
The Comprehensive Plan section on Agriculture, as the lands in
this area are classified, states:
"Goal: To preserve agricultural land in Deschutes County for
the production of farm and forestry products, as well as the
public need for open space.
B. Riparian Meadows:
These meadows (mostly natural) border waterways and are sub-
surface irrigated. In spite of a rather severe climate they
are suited for the grazing of livestock and the harvesting of
a limited tonnage of meadow hay. Lot sizes vary. Due to the
groundwater and frequent flooding, there are few residences.
Typical lands are along the Upper Deschutes River and the
Little Deschutes River."
CONCLUSIONS:
The Hearings Officer takes note that the County's Comprehensive
Plan and Zoning Ordinance were acknowledged by L.C.D.C. on April
31, 1981 and that the applicant no longer need to address speci-
fically, Statewide Goals and State Statutes as long the appli-
cation is in conformance with an acknowledged Comprehensive Plan.
The Hearings Officer relies upon a recent case of Ochocho_
Construction vs L.C.D.C., 56 OR.App.32(1982).
The Hearings Officer finds that the applicant's Burden of Proof
Statement has adequately dealt with conformance and public need.
As the applicant has indicated in the submitted documentation,
the subject site is unique and not readily compareable to other
properties. Such things as location, in relation to transporation
routes, marginal nature of agricultural production on the subject
property, the amenties the entire site offers , and the proximity
to other existing recreational oriented development support
re-classification of the property, although no comparison has been
completed with other available property.
The Hearings Officer refers and relies upon Section 6.03 of the
applicant's Burden of Proof Statement in establishing support for
the proposition that the EFU-80 zoning is inappropriate for over
one half of the 620 acre parcel. Soil information, existing tree
cover, lack of animal forage and readily recognizable or indenti-
fiable natural features seem to separate the subject property from
the riparian meadow and flood plain in the EFU zone.
2-81-29 - DOUGLAS CASCADE CORP. -'PAGE 2
VuI 52 FAGS 774
DECISION: APPROVAL, subject to the following condition:
4
1. That the applicant shall survey the property to specifically
define the Comprehensive Plan and zoning boundaries in
accordance with the amended application map. This survey shall
be accomplished and filed with.Deschutes County Planning
Department within one (1) year of the date of approval.
DATED this day of March, 1982.
This decision becomes final fifteen (15) days after the date
mailed, unless appealed to the the Planning Commission by a party
of interest.
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