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HomeMy WebLinkAbout81-002VOL 3 t PAGE 548 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESiCHUTES COUNTY, OREGON An Ordinance Amending Ordinance No. ) PL -'20, Deschutes County Year 2000 ) Comprehensive Plan; Redesignating ) Certain Property From Agriculture ) I L E to Rural Residential; and Declaring ) an Emergency. MAR 18 1981 ORDINANCE NO. 81-002 R-OSEMARY PATTERSON DESCHMfS COUNTY CLERK WHEREAS, Tumalo Irrigation District proposed the re- designation of certain property from Agriculture to Rural Residential; and WHEREAS, a notice of hearing was given in accordance with law; and WHEREAS, the Board of County Commissioners held a hearing on the proposed Comprehensive Plan change on January 8, 1981; and WHEREAS, the Board of. County Commissioners approved the proposed redesignation of the property from Agriculture to Rural Residential; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. To amend Ordinance No. PL -20, Deschutes County Year 2000 Comprehensive Plan, to change the designation from Agriculture to Rural Residential for the parcel of real property described as: Tax Lot 800, Section 29B, Township 16 South, Range 12 East of the Willamette 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 cone usions, the findings submitted by the applicant dated March 25, 1980, relating to Plan Amendment 80-4, 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. 81-002, PAGE 1 VOL 3 IKE 549 DATED this ' day of 1981. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON (/Jo) ROBERT C. P)141 -130N, JR. , Chairman ATTEST: Recording Secretary ORDINANCE NO. 81-002, PAGE 2 prdjeno,nce. No. $ l -00�- TuvyN000 Ter; CL+'ion i 3�J i 29 i i I 11 su6;ecA Proper+� ,r s a VOL EAS°' 56 I to - 12 - aci B TL SOO 60' ro 04'E. (..2,96 900 800 701 IS �N Q e} 4 5 0 702 Vlit / \ 1003 � X92 \� 1.'' Qoo �4.55 n �' ! 5 BB`S°° ✓ �i\ ' i- szoe"'W S IN 5.80°.52cv":✓'.__ 0 0 ILL, N 704 Oi cr— lt 703 m 1602 e 100 �:. '4�b ------ f 1,T. r 1000 V ' Exh�b� 4 B TWALO IRRIGATION DISTRICT e� _ (34697 cook. AVE� VOL 3%PAnE BEND, OREGON 97701 Phony; 38',_-3053 March 25, 1980 Criteria for Requested: Minor Partition Zone Change Amendment Change to Plan Legal Description: Township 16 South, Ran, e 12 El. -IM, Section 29, N.. 14 NtJ4 Tax Lot 800 1. Goals set forth in Deschutes County Comprehensive Plan Rural Development (page 49) a) To preserve and enhance the open space , rural character, scenic values and natural resources of the County The scenic value and the rural character of the property will be main- tained, tPregardless of the requested changes, 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 tre-es on the parcel are un- marketable as a resource, but necessary to pr -serve the privacy and rural character of the parcel. b) To ouide 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 further 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 ( W the County Plan as de- tailed above. VOL 377E 552 Goal 10 is spoken to in goal,(6) of the County Plan as indicated. The public need (items 3 & 4 'following) also details goal 10. Coal 11, 12, 13 and 14 are also covered in information provided by items 3 and 4. 3. There is a pub=lic 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 th-is area. There is considerable demand in the area ir.i,i;^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 Tunialo. Current real estate demand and 1979 sales experience indicate that: 20-25'' 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 vaho 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 has been established for such parcels in this area. As the accompanying riap locating these 5 acre parcels will attest, this particular lot is more the exception, as there are a greater majority of 5 acre parcels in the adjoining area. 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 553 Y '.Y 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 adjacent 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.: -t 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 65Y -would 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 the tax roles of the County by becoming privately owned as result of a sale.