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HomeMy WebLinkAbout86-050BEFORE THE BOARD OF COUNTY COMMISSIONERS OF An Ordinance Amending Ordi- nance No. PL -15, Deschutes County Zoning Ordinance of 1979, as Amended, Rezoning Certain Property from Forest Use (F-2) Zone to Forest Use (F-3) Zone, and Declaring an Emergency. 86— 92%U ORDINANCE NO. 86-050 LEV iEWED 6F L EG A LCI, 7OUINSEL DESCHUTES COUNTY, OREGON VOL 71_r_wE 852 s � _ d - WHEREAS, Brooks Resources Corporation proposed the rezoning of certain property from Forest Use (F-2) Zone, to Forest Use (F-3) Zone for approximately 100 acres; 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 July 10, 1984; and WHEREAS, the Hearings Officer recommended that the property be rezoned from Forest Use (F-2) Zone, to Forest Use (F-3) Zone 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, there- fore, 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 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 from Forest Use (F-2) Zone to Forest Use (F-3) Zone. Section 2. To adopt as the Board of County Commissioners' findings and conclusions the Findings and Decisions of the Hear- ings Officer dated August 21, 1984, relating to Zone Change Application No. Z-84-2, marked Exhibit "C", attached hereto and by this reference incorporated herein. 1 - ORDINANCE NO. 86-050 VOL 71 F�,sL 853 Section 3. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this day of , 1986. BOARD OF COUNTY COMMISSIONERS OF D CHUTES OUN, OR N 4 LOIS BRISTOW PRANTE, Chair ATTEST: LAUREN A. TUTTLE, Commissioner Recor ing Secretary D UDLIN, o missioner 2 - ORDINANCE NO. 86-050 EXHIBIT "A" VOL 71 fi t,r 854 Lot 1 of SECTION 5 SUBDIVISION, Deschutes County, Oregon. EXCEPT that portion lying in the Southwest quarter of Section 5, Township 15 South, Range 10 East of the Willamette Meridian. Ir Corners /Veed cid I s� 60 AC (" Go ff 1 PROPOSED ACCESS �.AC(SS4 1111A,P�weI,- O Orem Lor. ._ .*A - uGc.VT (Mvfd� SISTERS 'ti MI. 10/20/83 0� EXHIBIT, "C" VOL 74 FACE 856' 2 Hearings Officer/ `A Administrative Law Judge Courthouse Annex / Bend, Oregon 97701 / (503) 3BB-6626 Michael T. Dugan DESCHUTES COUNTY HEARINGS OFFICER, PUBLIC HEARING, JULY 10, 1984; p��19E0 MPS VSE' FINDINGS AND DECISIONS pEGOvv{'{ File Number: Z-84-2 Applicant: Brooks Resources Corporation and Carl A. -and Gwen L. Newport Request: An application for a zone change from F-2, Forest Use, to F-3, Forest Use. Planning Staff Representative: Lin Bernhardt Planning Staff Recommendations: Denial Public Hearing: A public hearing was held Tuesday, July 10, 1984, at 7:00 p.m. at 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 Article 10, Section 10.025 of PL -15, the Deschutes County Zoning Ordinance. FINDINGS: 1. Location: The subject property is located west of Sisters between the McKenzie and Santiam Highways and is further described as Tax Lot 200 in Section 5, T15S, R10E. 2. Zone: The subject property is zoned F-2, Forest Use and UAR- 10, Urban Area Reserve. The area of the subject zone change is only that land zoned F-2. 3. Comprehensive Plan Designation: The subject property is designated Forest and Urban Area Reserve on the Deschutes County Comprehensvie Plan. 1 - FINDINGS AND DECISIONS 4 VOL 71 FACE 857 4. Site Description: The subject parcel contains 100 acres, although only 60 acres are the subject of this zone change. The vegetation consists of ponderosa pine, juniper, bitterbrush and Idaho fescue. The topography is generally flat without well- defined surface drainage. The soils are well drained due to T. their highly porous nature. The surface soil is a layer of .*volcanic ash and the underlying layer is gravelly sand loam or - very gravelly sand. 5. Surrounding Land Use: The tract is bordered on the west, north and east by national forest lands. To the south are 30 acres, also in Subdivision Lot No. 1, which Brooks Resources intends to donate to the local school district for a future school site. The Tollgate subdivision touches the tract at the northwest corner. At that point is a domestic well which is on this tract but which is owned by Brooks Resources and currently serves domestic water to the Tollgate area under an easement. Also near this northwest corner of the tract is an underground power line supplying Tollgate and Black Butte Ranch. 6. Forest Classification: The current forest classification is F-2. This zone designation is based upon the purposes as set forth in Section 4.080 of P1-15. This designates a primary purpose of conserving and protecting the designated forest lands for continued commercial growing and harvesting of timber and the production of wood fiber and other forest products. Additional purposes of this zone are to protect the scenic values, watersheds, wildlife habitats and to protect other forest related uses. The comprehensive plan has designated F-2 lands as "Commercial Forest Lands: Lands composed of existing and potential forest lands which are suitable for commercial forest use." The plan further deisgnates F-3 Land as "Other Forest Land: Lands where extreme conditions of climate, soil or topography require the maintenance of vegetative cover, irrespective of use, and forested lands in urban, rural and agricultural areas which provide urban buffers, wind breaks, wildlife and fisheries habitats, livestock habitats, scenic corridors, recreational use or marginal commercial timber uses." The Comprehensive Paln further states that the F-3 zone will not be used to protect the larger commercial forest land parcels which shall be zoned F-2, but is to be used to encourage small wood lot management and will permit a single residence for the wood lot manager ... the minimum new parcel size for F-3 areas shall be 20 acres. This parcel was originally designated F-2. This parcel was previously owned by Brooks Scanton, Inc., as part of a large timberlands holding and was selectively harvested several times. Since Brooks Resources has owned the parcel, there has 2 - FINDINGS AND DECISIONS v: VOL 71 FASE 859 2. That the change in classification for the subject poperty is consistent with the purpose and intent of the proposed zone classification. >- The purpose of the zone further goes on to include protecting scenic values, assuring orderly and planned development of public and private recreational and other uses which are compatible with forest use and to minimzie potential hazards fo damage from fire, erosion or urban development. The tract is adjacent to the Urban Growth Boundary of the City of Sisters. It also is adjacent to Tollgate, which is a planned unit development consisting of one (1) acre lots. Because of its proximity, the F-3 lands would provide an effective urban buffer, wind breaks, potential wildlife habitat, as well as preservation of scenic corridors and recreational use on this marginal timber land. 3. That changing the zoning will presently serve the public health, safety and welfare considering the following factors: a. The availability 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. There has been shown by the applicant that the creation of these. additional parcels would not create a significant impact or burden on public services and facilities. A road will be required to be constructed and is a part of this overall application (see file No. V-84-10). Water will be supplied by individual wells and electricity is available from art underground line near the northwest corner. As previously stated, the impact on surrounding land use will be consistent with the Comprehensive Plan. 4. That there has been since the property mistake was made in in question. a change in circumstances was last zoned, or a the zoning of the property After having reviewed the three timber studies and comparisons, I find that the applicant has made a substantial showing that there was a mistake made in the original zoning. Had the legislative body been provided the same facts as provided in this hearing (see Exhibits Nos. 9, 10 and 12), there likely would have been an F-3 classification. The change in circumstances was created by the applicant and is not considered a determining factor in this decision . 4 - FINDINGS AND DECISIONS .Y r� R; VOL 71 FA,F 858 been no forest management program nor timber harvesting carried out. The purpose of the F-3 zone is primarily to conserve and protect designated Forest Lands for small commercial wood lot operation, to assure orderly and planned development of public and private Zrecreational and other uses, and to protect and conserve those areas as designated F-2 purposes. The primary difference between F-2 and F-3 is the encouragement of developing feasible wood lots in F-3, while encouraging commercial timber harvests and productivity in the F-2 zones. 7. Proposed Use: The applicants propose to divide the parcel into a four (4) lot subdivision. The largest parcel is currently reserved for the Sisters School District and the remaining three parcels would be developed and purchased by Carl and Gwen Newport. Each of the three lots will be 20 acres and will be intensively managed as a small wood lot. Mr. Newport is a consulting forester with Mason, Bruce and Girard, Inc., of Portland, Oregon and has submitted his plan for the management of this parcel (marked as Exhibit No. 12 in file No. Z -84 -2). ---- There have also been two (2) additional assesments of this parcel with regard to the productivity thereof. A report prepared by Glenn R. Adams of Northwest Agri -Tech, Inc., of Bend, Oregon, is dated June 25, 1984, (marked as Exhibit No. 9 in file No. Z-84-2) and a report from Jeff Blackwood, District Ranger for Sisters Ranger District, dated June 20, 1984, (marked as Exhibit No. 10 in Z-84-2). These reports are consistent with the applicant's contention that the proposed site is of low timber productivity. The Blackwood report states "that the value of the timber growing in one rotation on this land would not be sufficient to recover regeneration costs." The surrounding national forest lands derive their values as commercial timber lands from the mature timber overstory. The subject parcel has too little mature timber to be able to continue commercial timber production. CONFORMANCE WITH SECTION 10.025 OF PL -15: This section of the Deschutes County Zoning Ordinance provides the criteria which are applicable to a zone change request. This section provides: 1. That the change conforms to the Comprehensive Plan, and the change is consistent with the plan's introductory statement and goals. The proposed change is consistent with the introductory statement and goals. As previously stated, the introductory statement of the F-2 zone is to conserve and protect commercial timber lands, while the F-3 zone is to conserve and protect designated forest lands for small wood lot production. This is exactly what the applicants are seeking to accomplish. 3 - FINDINGS AND DECISIONS vol 71 PAGE 860 The City of Sisters Urban Area Boundary borders this property. The City of Sisters has recommended approval. The subject parcel can be said to be marginally producitve in terms of commercial timber, and, perhaps, if it was part of the larger Forest Service tracts, could be managed for commercial timber production. However, it is not a part of the forest service lands and, therefore, is not commercially valuable timber land. To maintain consistency with the Comprehensive Plan, an F-3 zone classification would be appropriate. DECISION: Based upon the above findings and conclusions, this request is approved and a recommendation of approval will be forwarded to the Board of County Commissoiners. THIS DECISION BECOMES FINAL 15 DAYS FROM THE DATE MAILED, UNLESS APPEALED. DATED, "this day of August, 1984. V vl c MICHAEL T. DUGAN Hearings Officer MTD/jeh cc: file BOCC City of Bend Planning Director Redmond City Planning Director Deschutes County Planning Director Carl A. and Gwen L. Newport Brooks Resources Corporation Robert Lovlien 5 - FINDINGS AND DECISIONS