HomeMy WebLinkAbout89-023I REVIEWED
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE6--COUNTY, OREGON
An Ordinance Amending Ordinance 0096 1802
No. PL -15, Deschutes County Zoning
Ordinance of 1979, as Amended,
Changing the EFU-80 Zone Designa-
tion to F-3, Forest Use on a 320 -
Acre Parcel of Real Property
Located in Portions of Sections 17,*
18, 19 and 20, Township 20 South,
Range 11 East of the Willamette *'
Meridian, Deschutes County, Oregon,*
and Declaring an Emergency.
ORDINANCE NO. 89-023
WHEREAS, James and Carol Gardner proposed a zone change from
EFU-80, Exclusive Farm Use, to F-3, Forest Use, on certain real
property; and
WHEREAS, notice of hearing was given in accordance with law;
and
WHEREAS, the Hearings Officer held a hearing on the zone
change on July 18, 1989; and
WHEREAS, the Hearings Officer recommended that the zone
change requested for the subject property be approved by decision
dated August 1, 1989; and
WHEREAS, the decision of the Hearings Officer has not been
appealed; and
WHEREAS, by Ordinance No. 89-022, the Board of County
commissioners adopted the necessary comprehensive plan amendment;
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 further amended to
change the zone designation on the subject 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 EFU-80 to
F-3.
Section 2. To adopt the Findings and Decision of the Hear-
ings Officer dated August 1, 1989, relating to Zone Change
Application No. ZC-89-6, marked Exhibit "C," attached hereto and
by this reference incorporated herein, as the findings of the
1 - ORDINANCE NO. 89-023
4096 1803
Board of County Commissioners in support of the zone change, with
the following modification.
The property description is as described in Exhibit
"A. 11
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 , 1989.
BOARD OF COUNTY COMMISSIONERS
OF DFSCHUAES COUNT OREGON
LOISB ST W
ATT T:
TOMTH P,
t
ecording Secretary D K MAUDLIN,
2 - ORDINANCE NO. 89-023
nissioner
)mmissioner
0096 1804
EXHIBIT "A"
The property is described as the W 1/2, SW 1/4, Section 17;
E 1/2, SE 1/4, Section 18; E 1/2 NE 1/4, Section 19; W 1/2,
NW 1/4, Section 20; Township 20 South, Range 11 East, further
described as 201100-01900; and W 1/2, NE 1/4 of Section 19;
201100-02400; consisting of 320 acres commonly referred to as
Vendevert Ranch located west of South Century Drive.
3 - ORDINANCE NO. 89-023
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FILE NO.
APPLICANT:
REQUEST:
PLANNING STAFF
REPRESENTATIVE:
EXHIBIT "C"
0036 1806
FINDINGS AND DECISION
ZC-89-6
James and Carol Gardner
12250 S. W. Edgecliff
Portland, OR 97216
An application for an amendment to the
Deschutes County Zoning Ordinance from EFU-80,
Exclusive Farm Use, to F-3, Forest Use.
Anita Yap Powell
BURDEN OF PROOF: The applicant must establish that the proposed
amendment complies with Article 10 of PL -15,
the Deschutes County Zoning Ordinance, and the
Deschutes County Comprehensive Plan Year 2000.
PRELIMINARY FINDINGS
1. LOCATION:
The subject property is described as the W1/2, SW1/4,
Section 17; E1/2, SE1/4, Section 18; E1/2 NE1/4, Section 19;
W1/2, NW1/4 Section 20; Township 20 South, Range 11 East,
further described as 20-11-17-1900; and W1/2, NE1/4 of
Section 19, 20-11-17-2400; consisting of 320 acres commonly
referred to as Vendevert Ranch located west of South Century
Drive.
2. ZONE:
The subject property is currently zoned MFU-20, with a Flood
Plain Zone and Landscape Management Combining Zone along the
Little Deschutes River.
HEARING AND EXHIBITS
The hearing was held on the above -referenced application on July
18, 1989, at the Deschutes County Administration Building. The
following exhibits make up the record in this matter:
A. Application;
B. Staff Report; and
C. Burden of Proof Statement.
-1- FINDINGS AND DECISION, File No. ZC-89-6
0096 180'
FINDINGS OF FACT
1. The applicant seeks to change the Comprehensive Plan from
Agriculture to Forest for 221.7 acres of land. The
applicant is also requesting a rezoning (ZC-89-6), from EFU-
80 Exclusive Farm Use 80, to F-3 Forest Use. The applicant
is in the process of acquiring 80 acres of land through a
U. S. Forest Service change and seeks to change for this
property. The applicant seeks to maintain the agriculture
designation in the riparian meadow area.
2. The subject property is approximately 320 acres and is
located west of South Century Drive at the intersection of
Vandevert Road.
3. The subject property is boardered on the north by land zoned
EFU-80, Exclusive Farm Use; on the east by land zoned F-2,
Forest Use; on the south by land zoned EFU-80; and, west by
RR -10, Rural Residential.
4. Surrounding land use abutting the subject parcel includes
vacant land owned by George Wakefield, et al., to the north,
Thousand Trails Recreational Vehicle Park to the south, and
Oregon Water Wonderland to the west, to the east Deschutes
National Forest.
5. The applicants propose this Zone Change and Plan Amendment
from EFU-80 to F-3 to allow a cluster development,
conditionally allowed in an F-3 Zone.
6. The Planning Division received the following transmittals:
A. Deschutes County Department of Public Works:
1. An access permit must be obtained from the
Deschutes County Department of Public Works for
any new access to be taken from South Century
Drive.
2. Dedication is to be made to 30 feet from the
centerline for road right-of-way for South Century
Drive. South Century Drive is classified as a
rural collector road which requires a right-of-way
60 feet.
B. State Watermaster's Office:
There are no water rights on this property, but
when mapping was done they showed that much of the
bottom property was subirrigated in pastures.
-2- FINDINGS AND DECISION, File No. ZC-89-6
0096 1808
C. Oregon Department of Fish and Wildlife:
Oregon Department of Fish and Wildlife agreed that
the area should be classified as forest lands
rather than riparian meadow except for the
riparian areas within the Food Plain. These areas
need special wildlife considerations. ODFW
suggested specific wildlife management techniques
for this area.
CONCLUSIONARY FINDINGS
1. The applicants' Burden of Proof statement indicates that in
the last several years the only use to which the Vandevert
Ranch has been put would be an occasional grazing lease and
a life estate residence for Mrs. Claude Vandevert. The
applicants have planted 3,000 lodgepole pine seedlings in
the easterly portion of the 77 acre area (west of Huntington
Road). Beetle infested and dead trees have been removed
from the property.
2. The applicants indicate that they wish to retain the
riparian meadow designation, EFU-89 zone around the Little
Deschutes River. This area is classified as a Cyraquolls
Soils Series criteria for a forest designation and must
remain in an agriculture EFU-80 zone designated by the
Deschutes County Comprehensive Plan.
3. The rest of the parcel, including the 80 acres being
acquired by the applicants from the Forest Service is
designated as a Shanahan and Sunriver Soils Series. The
types of soil is more suited to woodland, wildlife habitat,
watershed and recreation.
4. The applicants are proposing a Zone Change to F-3. This
would be consistent with the classifications in Policy #1 of
the Comprehensive Plan. There is significant development to
the west of the property in Oregon Water Wonderland. There
is development to the southwest in the form of the Thousand
Trails Recreational Vehicle Park. The forest designation on
this parcel will buffer these residential areas. The
applicants seek to preserve the scenic corridors along
Pengra Huntington Road and along South Century Drive. The
applicants also seek to enhance and maintain the fisheries
and wildlife habitat, livestock grazing, commercial timber
uses and recreational uses of this parcel.
5. The applicants are proposing a cluster development for 21
new building sites, a central core facility around the
caretaker's house and homestead lodge currently being
renovated by the applicants, and the development and
preservation of significant portions of the property as open
space and common areas. A Conditional Use application and
Site Plan will be required if this Zone Change and Plan
-3- FINDINGS AND DECISION, File No. ZC-89-6
6096 1869
Amendment is approved. A Forest Management Plan, prepared
by Earl E. Nichols, Professional Forester, for the Vandevert
Ranch, indicates the area should be considered forest rather
than agricultural land. All criteria in the Comprehensive
Plan, F-3 Conditional Use and Site Plan Review will need to
be addressed by the applicant under the cluster development
proposal.
6. The applicants propose a cluster residential development if
the Zone Change and Plan Amendment are granted. The Natural
Resources Management Plan, prepared by professional forester
Earl Nichols, outlines management programs for enchanced
fisheries and wildlife habitat, forest timber harvest plan,
maintenance of watershed values, fire protection, improved
scenic values and continuance of livestock grazing. The
cluster develoment seeks to increase the recreational
opportunities in the area.
7. A cluster development is permitted as a Conditional Use in
the F-3 zone. The EFU-80 zone does not allow cluster
developments either outright or conditionally. The EFU-80
zone also has a minimum lot size of 80 acres while F-3
allows for a minimum of 20 acres.
8. There are no assurances that a cluster development will be
approved or will be built by the applicant. The change to a
F-3 Zone is consistent with the surrounding land use
patterns. The significant existing residential development
will be buffered by the proposed cluster development and the
maintenance of open spaces, forest management and the
riparian area. The character of the property more closely
resembles the Comprehensive Plan definition of Forest Land
F-3, than Exclusive Farm Use Land, EFU-80. The cluster
development will need to meet the Comprehensive Plan,
Conditional Use Criteria and Site Plan Review Criteria.
9. The applicants also propose to preserve and enhance the
Little Deschutes River and the historic Vandevert`Ranch and
school house on the property. The applicants have already
reduced the fire danger in the area by clearing beetle kill
trees and replanted ponderosa and lodgepople pine seedlings.
10. The applicants state that public facilities are generally
already available to the property. Water, power, telephone
and sewage disposal facilities are available on site. The
property is served by an existing County maintained road.
11. The property is adjacent to the
Protection District Substation. Th
accommodate firefighting equipment,
access through to the south and west
or existing County roads. Impact
unlikely but there is an existing
Bend -La Pine School District.
La Pine Rural Fire
B applicants propose to
including alternative
on either private roads
on public schools is
school bus site in the
-4- FINDINGS AND DECISION, File No. ZC-89-6
0096 1810
12. The impacts on the surrounding land use will be consistent
with the Comprehensive Plan. There is significant
development to the west and northwest in Oregon Water
Wonderland. There is development to the south in the form
of Thousand Trails R. V. Park. There are further
residential subdivisions to the southeast. To the east is a
Forest Use owned by the U. S. Forest Service and to the
immediate north is in Farm Use.
CONCLUSIONS
1. The applicants have shown that this application is in
compliance with the Comprehensive Plan, meets the
requirements for rezoning specified in PL -15 and is in
conformance with the State Wide Planning Goals. The
applicant has shown that the subject parcel should be
designated Forest instead of Agriculture. The proposal for
a cluster development is a- Conditional Use permitted in an
F-3 Zone.
BASED UPON the foregoing Findings of Fact, the Hearings Officer
hereby APPROVES the application for an amendment to the Deschutes
County Zoning Ordinance, subject to the following conditions:
1. The applicants shall prepare legal descriptions of the
EFU zoned area and Forest zoned area. This shall
follow the existing tree line as closely as possible.
2. The applicants shall obtain title to USFS land prior to
adoption of the Ordinance changing zone.
THIS DECISION BECOMES FINAL 10 DAYS FROM THE DATE MAILED, UNLESS
APPEALED.
DATED and MAILED this 1st day of August, 1989.
/s/ EDWARD P. FITCH
EDWARD P. FITCH
Hearings Officer
cc: BOCC
Deschutes County Planning Director
Deschutes County Planning Commission
Robert S. Lovlien
-5- FINDINGS AND DECISION, File No. ZC-89-6