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HomeMy WebLinkAbout84-01895-17149 va 52 FADE x'65 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON pfd a} j 2J 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. TEYp HED M, — 91995 f 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 1111'111.-'�A Z ya�t� --- 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. .,Ns*: Plwd Plan Zones are not" c,hQ•+91rd we7•s6' ao-E 26ae.i6 Fi � 5 Narrsr SO•E Iz62.22 , � T1 p •'`• 1IlE 7 8 J r J I N 1/4 SEC. 7 �111LiM ` SEE DETAIL A I { VOL 52 AGE 770 F-3 ZONE TRACT 1 193.14 ACRES &e4/17 u, JOJY x iBv' vw rcc L) 0 O Y m 257.23 ACRES .^i W D T N N O . DETAIL W � ry 2 N W O T 9869.40' 20• E 698.03 - S8�•4j• . W D O C l'• F z tl`Y ft 6)S 98 S6S•p0.6J•E SBZ^16'28"W 1 Z 377.37lae. 72 S F-; z ,1 O m •�N i � /tO43 ♦D I � 763.77 537.65 TF '0 3 - N67. 49. 07•E i32t.43 AA 15.1 N F-3 ZONE O TRACT 4 1� Z 5.65 ACRES T12 E J/4 SEC.MAR 1 211994CE tT W J/JE COR. SEC. J•--- , TJQ W N D N89.56.39•E 1380.09 J I pi s 9869.04' 16.1 1323.35 p P T6 CS 1/76 SEC. 7 CW J/JC SEC. 37 / I " EFU-80 ZON 1136 SEC. 6 z F-3 ZONE TRACT 2 "Np 136.80 ACRES 's E J/JC SECTIONS 7 6 J8 7 N m O 257.23 ACRES .^i W D T N N O . DETAIL Y1 r � N � ry 2 N W O T 10 0 S8�•4j• . W D O C l'• F z tl`Y 6)S 98 S6S•p0.6J•E SBZ^16'28"W 1 Z 377.37lae. 72 S F-; a O m •�N i ♦6 S /tO43 N 0 I � 763.77 537.65 TF 3 - N67. 49. 07•E i32t.43 15.1 N F-3 ZONE O TRACT 4 Z 5.65 ACRES T E J/4 SEC.MAR 211994CE �� J/JE COR. SEC. J•--- , 754.59 368.77 767.31_ W N D _ - •!y 9869'23' 26'6. 13.2.67 -- 9869.04' 16.1 1323.35 p P ry0 CW J/JC SEC. 37 / O D qm � z F-3 ZONE TRACT 2 "Np 136.80 ACRES 's E J/JC SECTIONS 7 6 J8 7 N m O SCALE I" = 400 .^i W O . DETAIL N N � ry 2 N W O 10 0 D O C z O 2 F-; /tO43 TF 15.1 RSC.'_...: E J/4 SEC.MAR 211994CE J/JE COR. SEC. J•--- , 754.59 368.77 767.31_ 9869'23' 26'6. 13.2.67 -- 9869.04' 16.1 1323.35 CW J/JC SEC. 37 / EXHIBIT =' SEC. 5 a a ( ZW417.9Z -�* / ) N 88.06' 13' E 2646.49 Goo 30. yo ew ) I N M� �# � 8 rh Or 0 mp Q N N W Q ID �. d O O Z \`V SEC 6 N 87.26' 58' E 2643.28 n N N M� �# W o 8 rh Or N mp o 0 N N 62 N 88' L 1' 37' E 2653.84 (&o 38,45o Cil• ) (Z foss• x1 ft 3 7 SEC N89'23'28'E 2662.34 l zr",(8• v3 *,-/ ) N 87.58' 30' E 2648.68 m �.5i;::i::3::.:i!?.>iiasi<:;::i'?"iii;i�'::�•'> . ::;; zi:i >�'???>2'F N N 1321.43 Zia o_ 1320.08 ROMP W88- 11' 19 E 264Ur (,:;Go eve ID .dd N N W w QI . O O <. p iA z z ? ION 1322.87 132 N 89.23' 28' E 2645.73 8 m m is N VOL 52 °AcE 771 ZSlf,4.43' 4- Z 6(14, '1 f5 -Z6(14.9S !# 7, e -W f0o eh- N 89.53' 50' E 2564.43 ::.,. . 1292.22 S E 1303.15 2606.30 L324.11 ` E 2548.22 un. OZ, .v3 # Z SES ! 35 1325.35 M 89' 04' WE 2650.71 lzw SCALE i"=100.01 0 O 0 202 1. EI 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. 1 i yr'r Aved vec ---%