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Home My WebLink About84-032REVIEw�D VOL 56 ?ASE 946 LEGAL COUNSEL BEFORE�Tl�,Flt3 tRD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON { An.Oi}ri Amending Ordin- a�.iu.�-15, Deschutes County Zoning Ordinance of 1979, as Amended, Removing the Conven- * tional Housing Combining (CH) * Zone From Certain Property, and Declaring an Emergency. ORDINANCE NO. 84-032 WHEREAS, Arthur Dailey, Hildred Kreps, and Kenneth Trinklien proposed the removal of the Conventional Housing Combining (CH) Zone from certain property; and WHEREAS, notice of hearing was given in accordance with law; and WHEREAS, the Hearings Officer held a hearing on the proposed zone removal on July 24, 1984; and WHEREAS, the Hearings Officer recommended that the Conven- tional Housing Combining (CH) Zone be removed from the subject property by decision dated August 21, 1984; 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 remove the Conventional Housing Combining (CH) Zone from the parcel of real property described as follows: Section 21, Township 16 South, Range 12 East, Tax Lots 1600, 1601, and 1602, 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 and decisions of the Hearings Officer dated August 21, 1984, relating to Zone Change Application No. Z-84-3, marked Exhibit "B", attached hereto and by this reference incorporated herein. 1 - ORDINANCE NO. 84-032 'VOL 56 ?a947 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 day of , 1984. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON 2 - ORDINANCE NO. 84-032 I FILE NUMBER' APPL ICAN T : -SUBJECT: LOCATION: Z-84-3 Dailey/Lien/Kreps L'iL 1B11 "All An application for a zone change which would remove the Conventional Housing overlay zone from the suject property. The subject property is located southwesterly at the intersection of Swalley Road and the Old Bend/Redmond Highway, and is further described as tax lots 1600, 1601, and 1602 of Section 21, T16S, R12E. 2.7 'VOL See Mop 16 12 21 D liar Z! 3 1 - N. d'9'sb co -c• See Mop 16 12 28A 16 sE 9 4 S EXHIBIT "B° NOL 56 PAGE 949 Hearings Officer/ p4,. A,x Administrative Law Judge Courthouse Annex / Bend, Oregon 97701 / (503) 388-6626 Michael T. Dugan DESCHUTES COUNTY HEARINGS OFFICER PUBLIC HEARING, JULY 24, 1984 ,AUS 1984 FINDINGS AND DECISIONS MANED D CS COUNTY File Number: Z-84-3 Applicant: Arthur Dailey, Hildred Kreps, and Kenneth_. Trinklien. Request: A zone change application to remove the CH, Conventional Housing Combining, Zone from the subject property. Planning Staff Representative: Lin Bernhardt Planning Staff Recommendations: Approval` Public Hearing: A public hearing was held Tuesday, July 24, 1984, at 7:00 p.m. in the Deschutes County Courthouse Annex Conference Room, Bend, Deschutes County, Oregon. Burden of Proof: In order to receive approval of this request, the applicant must demonstrate compliance with the rezoning criteria as contained in Sections 10.025 of PL -15, the Deschutes County Zoning Ordinance. FINDINGS: 1. Location: The subject property is located southwesterly at the intersection of Swalley Road and the Old Bend/Redmond Highway, and is further described as Tax Lots 1600, 1601 and 1602 of Section 21, T16S, R12E. 2. Zone: The subject property is zoned EFU-20, Exclusive Farm Use and CH, Conventional Housing Combining Zone. 3. Comprehensive Plan Designations The subject property is 1 - FINDINGS AND DECISIONS VOL 56 PAGE 954 designated Rural Residential on the Deschutes County Comprehensive Plan. 4. Site Description: The subject property consists of three (3) parcels, approximately 28 acres total. The site has a rolling topography with a fairly dense cover of juniper trees. The property is vacant with the exception of what appears to be a garage/storage area and/or a seasonal dwelling. Tax lot 1602, the southern most lot, which is a subject of this application is five (5) acres, tax lot 1601 is nine (9) acres and tax lot 1600 is approximately 14 acres. These lots are all less than the EFU-20 minimum lot size requirement. The property is located on the border of the CH, Conventional Housing, overlay zone and forms a traingular island between Swalley Road, Hunnell Road and the old. Bend/Redmond Highway. The applicants ask that the CH zone boundary be moved so that it uses Hunnell Road and Swalley Road as its basis, thereby excluding the applicants property from the CH zone overlay. 5. Surrounding Land Use: It appears that there are no site built dwellings in the CH zone which would be visible from the subject property. There is a mixture of site built homes and mobile homes on the east side of the Old Bend/Redmond Highway, which is outside of the CH zone. Prior to the adoption of the Comprehensive Plan, the county was petitioned by groups of property owners to establish the four (4) Conventional Housing Combining Zones in the county. The primary objection raised at the hearing and through exhibits submitted piror thereto is that this CH zone overlay ws prompted by petition to the county governing body. The Petition process required a majority of signatures of the land owners in the area to be zoned. The applicants all testified that they did not sign the petition and in two (2) cases did not know that the petition had been circulated. The CH boundary itself is an arbitrary line used only to define the area within which the signatures were obtained. The zoning ordinance provides only a purpose for the CH zone, which is as follows: To provide a variety of residential environments in rural areas by maintaining areas reserved for conventional and modular housing permanently attached to real property. There is no record as to why the boundary was established which included these tax lots. Coupled with the existence of mobile homes directly adjacent to and east of the subject property, it appears that a mistake may have been made in inluding this parcel within the CH overlay zone, particularly in light of the 2 - FINDINGS AND DECISIONS 'VOL 56 FAAR applicants' non -participation therein. CONFORMANCE WITH SECTION 10.025 OF PL -15: This section provides the criteria upon which a zone change must be based. Subsection; (1) provides: (1) That the change conforms with the Comprehensive Plan, and the change is consistent with the Plan's introductory statement and goals. As previously discussed, the zoning ordinance for a CH zone was created by petition. The Comprehensive Plan recognizes the need for rural development. By removing the CH zone overlay, it will allow the development of these parcels with homes which would be permitted outright in the underlying RR -10 zone. This zone change request is consistent vfith the Comprehensive Plan. _ Subsection (2) provides: (2) That the change in classification for the subject property is consistent with the purpose and intent of the proposed zone classification. The purpose of Rural Residential zone is to provide a rural residential living environment. It is a permitted use for double -wide mobile homes. Subsection (3) provides: (3) That changing the zoning will presently serve the public health, safety and welfare considering the following factors: a. The availibility and efficiency of providing necessary public services and facilities. b. The impacts on surrounding land use will be consistent with the specific goals and policies contained within the Comprehensive Plan. The subject parcels have in existence power and water, according to exhibit No. 5. There will be no impact on traffic. The testimony at the hearing indicates that there is no complaint as to an adverse effect on property values. This criteria has been met. Subsection (4) provides: 3 - FINDINGS AND DECISIONS VOL 56 FAcE 05? (4) That there has been a change in circumstances since the property was last zoned, or a mistake was made in the zoning of the property in question. As previously discussed, there was a mistake in the inclusion of these three (3) parcels in the CH zone. DECISION: For these reasons, this application request is approved. THIS DECISION BECOMES FINAL 15 DAYS FROM THE DATE MAILED, UNLESS APPEALED. DATED, this da of August, 1984. MICHAEL T. DU AN Hearings Officer MTD/jeh cc: file BOCC City of Bend Planning Director Redmond City Planning Director Deschutes County Planning Director .Arthur Dailey .Hildred Krepe •Kenneth Trinklien Shepard Wilson Milton LaFranchi 4 - FINDINGS AND DECISIONS