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Home My WebLink About87-011BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DES An Ordinance Amending Ordi- nance No. PL -15, Deschutes County Zoning Ordinance of 1979, as Amended, Amending the* K Sunriver Master Plan, Rezoning* EYPUNCNFD Certain Property From Planned Community Resort District`4198y (PCR) Zone to Planned Commun- ity Multi -Family Residential District (PCRM) Zone, and Declaring an Emergency. 817- 5585 ORDINANCE NO. 87-011 RMEWED LEGAL COUNSEL COUNTY, OREGi q R voL8 )) cE 241 WHEREAS, Vacation International Ltd. proposed a Sunriver Master Plan amendment and the rezoning of certain property from Planned Community Resort District (PCR) Zone to Planned Community Multi -family Residential District (PCRM) Zone for approximately .57 acres; and WHEREAS, notice of hearing was given in accordance with law; and WHEREAS, the Hearings Officer held a hearing on the proposed master plan amendment and zone change on June 14, 1983; and WHEREAS, the Hearings Officer recommended that the Sunriver Master Plan be amended to add a section entitled ORM-(13)" to the section entitled "RM - Multi -Family Residential"; and WHEREAS, the Hearings Officer recommended the property be rezoned from Planned Community Resort District (PCR) Zone to Planned Community Multi -family Residential District (PCRM) Zone by decision dated July 13, 1983; and WHEREAS, the decision of the Hearings Officer has not been appealed; and WHEREAS, due to inadvertence, Ordinance No. PL -15 and the Sunriver Master Plan were not amended in 1983 to reflect the changes approved by the Hearings Officer, now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. That the section entitled "RM - Multi -Family Residential" of the Sunriver Master Plan contained in Ordinance 1 - ORDINANCE NO. 87-011 VOL 89. PAGE 242 No. PL -15, Deschutes County Zoning Ordinance of 1979, as amended, is amended by the addition of the following: ORM-(13): Contains .57 acres and is located immediately to the west of the old skating rink building and to the south of the Great Hall. This area was originally planned as a restaurant and meeting site in support of the convention facilities originally planned for the ice rink building. It is felt that residential development is more fitting for this site and therefore, the property has been rezoned from R-6, Resort District to RM, to allow a maximum of eight dwelling units. This creates a density of about 14 dwelling units per acre which is nearly the same as the Kitty Hawk and the Pines developments to the south." Section 2. That Ordinance No. PL -15, the 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 Planned Community Resort District (PCR) Zone to Planned Community Multi -family Residential District (PCRM) Zone. Section 3. To adopt as the Board of County Commissioners' findings and conclusions the Findings and Decisions of the Hear- ings Officer dated July 13, 1983, relating to Zone Change Application No. Z-83-3, marked Exhibit "C", attached hereto and by this reference incorporated herein. Section 4. 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 1�1�e , 1987. BOARD OF COUNTY COMN�SIONE OF DISCHUTES -COUNT !. OREGON STOW PRANTE, Chair ATTEST: • T i 79 0. 1 • �I ' • gerco-rdingSid-cretary- • 2 - ORDINANCE NO. 87-011 r EXHIBIT A TRACT B PARCEL 1 EXHIBIT A THE PINES AT SUNRIVER CONDOMINIUMS PHASE 1 LAND LEGAL DESCRIPTION VOL 82PAGE 243 A tract of land containing .57 - acres lying in the West half (1/2) of section 5. T.20S, R.11E., W.M., Deschutes County, Oregon, described as follows: Commencing at the southwest corner of said section 5, as marked by a brass cap; thence N. 051 32' 06" E a distance of 2270.07 feet to the initial point of the plat of the South Great Hall site; thence N 080 25' 11" E, 372.67 feet to the point of beginning; thence S 81° 45' 33" W, 112.55 feet; thence N 65' 09' 02" W, 44.85 feet; thence N 240 50' 58" E, 184.75 feet; thence N 05' 37' 23" W, 50 feet; thence N 820 41' 26" E; 75 feet; thence S 0? 25' 56" E, 241.47 feet; to the point of beginning. EXHIBIT B 3 , ") 82041 �2Z, o n, ZSa• N m on ;k f 3�• 3L o w -LA L � o N � O` o p 0 I?aQ�. 1 �; • k o. `N o• 4' 117. �7' ¢S' 33"E 3 Izo•oo F Oc _N 1 HAwK ,'�; PHASE rr N o v� -T ACT 71 <'� - A w K N �� ✓ o N G(O N 1 m►,3%- 1At F>oiQT FILA -7 O e'- !SO. G CE:T7 H ►�l.L S 1 TE NOS" 3 Z 10,/"� Z Z70, 07 (o S 7 c T.: L:> n vol 82�r+cE 244 �n Z. OQ" C"o T / S 72 o `C Yi y�G�C nQ g° 09 00 W vi I° -z; <G -Tc L4 S 40LA_) I IJG PO IF -Ti o O I O F sc) u41 -I 6RzA j � T ►J () CSC K v►Tk� C-0. p 2Lc., 0 N McCullough, Bryant& Associates Incorporated PRojWT Na SURVEYING ° EIJGINEERING DATES ZA 80 REVISIONS SCALE vi= IDD' Ofae+s in Corvallis * Bend Is McMrwr*,ft 0 Surr-w DRAWN 1Z- V4G TES r,, EXHIBIT "C" VO 8zPAGE 245 Hearings --Officer/ Administrative Law Judge Courthouse Annex / Bend, Oregon 97701 / (503) 388-6626 Michael T. Dugan OCT 11 1983 a <. DetdutesCw.nty f,„-sE) DESCHUTES COUNTY HEARINGS OFFICER PUBLIC HEARING, JUNE 14,1983 Uu1-19x3 MAILED FINDINGS AND DECISIONS `' couJ � FILE NO.: Z-83-3 APPLICANT: Vacation International Ltd. REQUEST: An application for a Zone change and Master Plan amendment in a PC (planned community) zone from an R (Resort District) to RM (Multi -family residential district). PLANNING STAFF REPRSENTATIVE• PLANNING STAFF RECOMMENDATION: PUBLIC HEARING: BURDEN OF PROOF: FINDINGS: George Read Approval The public hearing was held in room 106 of the Deschutes County Courthous annex, Bend, Oregon on Tuesday June 14, 1983 at 7:0 0 p.m. In order to receive approval of this application the applicant must satisfy the criteria as set forth in sections 10.010, 10.020, and 10.025 of PL -15 and section 4.2.4.0(6) of PL -15, the Deschutes County Zoning Ordinance. 1. LOCATION: The subject property is located immediately west of the old skating rink building and directly south of the Great Hall in Sunriver and is further described as T20S, R11E. Section 5C, Tax Lot 1245. 2. ZONE: The subject property is zoned PC (Planned Community) and is within an R (Resort District) 3. COMPREHENSIVE PLAN DESIGNATION: The subject property is designated Planned Community on the Deschutes County Comprehensive Plan year 2000 map. PAGE .21- FINDINGS AND DECISIONS J VOL 246 4. SITE DESCRIPTION: The subject property consists of approximately .57 acres which has a level topography and contains a few lodgepole pine trees. Access is available to both the north and south portions of the property from easements off of Meadow Road. The necessary public services/utilities are available to the site or can be provided without burden to the existing system. ISSUE: Are there standards and criteria applicable to allow a finding that the request is in compliance with the comprehensive plan? DISCUSSION: This issue was raised by Mr. Paul Speck, and attorney representing Mr. Stan Ochs of Sunriver. Mr. Ochs appears on the record and was heard and, therefore has standing pursuant to the Deschutes County procedural ordinance. Mr. Speck argues that because the Comprehensive Plan is silent on the subject of Sunriver, there can be no means by which this request can be found to be in compliance with the Comprehensive Plan. As Mr. Speck points out in his letter (marked as Hearings officer exhibit no. 15), this same issue was raised and previously argued to the County when the Sunriver Master Plan was adopted (Deschutes County Ordinance No.82-043). This ordinance was adopted November 9, 1982. Attached to the ordinance as findings of fact can be found the legislative history pertaining to the adoption of the Master Plan. Subsection (15) of the findings of fact provides: Amendment of a Development Plan: Paul Speck, a representative of Stan Ochs, contends that a development plan amendment should be a comprehensive plan change rather than a zone change. The comprehensive plan designation for Sunriver is "planned community." It would not be approriate to require an amendment to a development plan for Sunriver to be a comprehensive plan change. Rather, it should be in the nature of a zone change. Therefore, the Board finds that the appropriate criteria for considering an amendment of a development plan would be criteria for a zone change rather than criteria for a comprehensive plan change. Particularly noteworthy is the Board's specific finding that the appropriate criteria for a plan amendment would be .criteria for a zone change. Additionally, section 4.240(6) of PL -15 provides: PAGE 2 - FINDINGS AND DECISIONS VOL 82PacE 247 (6) Amendment of a development plan 1. Application. Application for an amendment to an approved development plan within a PC zone shall be made in accordance with the County Procedures Ordinance and zoning Ordinance. The criteria shall be the same as for a change of zone. The Hearings Officer shall conduct the initial hearing. Any approval shall, however, be automatically reviewed by the Planning Commission. 2. Plan Required. The applicant shall submit the following documents as a part pf the application: (1) An original and 10 copies of the amended development plan. (2) A description of each proposed change and the reasons for each change. (3) A legal description of the area affected by the proposed change. (4) Additional information may be required. 3. Standards for Approval. Any amended development plan shall be in conformance with this section, the existing subdivision ordinances of the County, and the concept of the planned community for which a change is being requested. Finally, finding number 8 of the findings of fact specifically provides: "Any proposed amendment to an approved development plan or master plan for a planned community shall be reviewed and approved in accordance with the same standards as for a zone change. Based upon the above discussion I find that sufficient criteria exists by which to determine that the request is in conformance with the Comprehensive Plan. CONCLUSIONS: The applicant proposes to down -grade or down -zone the property to allow uses which would be of less impact than uses permitted in the R (Resort) District. Section 10.025 provides the rezoning standards: The applicant for a quasi-judicial rezoning must establish that the public interest is best served by a rezoning to the requested use in the requested area. Factors to be domonstrated by the are: 4. Conformance with the comprehensive plan. 2. Conformance with statewide planning goals where applicable. 3. Usefulnes to the public of the proposed use in the proposed site. While the comprehensive plan is silent on the specific uses,, goals and policies within Sunriver, the PAGE 3 - FINDINGS AND DECISIONS • VOL implementing ordinances are designed to obtain compliance with the plan. Consequently, the Sunriver master plan and findings thereunder must be considered to determine complianace with the comprehensive plan. Section D, of the Sunriver master plan indentifies this area along with the surrounding 28 acres as R-6 and states: This area consists of 29.4 acres it includes the present lodge, Great Hall, pool, parking, tennis courts 1 through 4, playground, various associated commons, the old skating rink building and the properties surrounding it. Much of this area contains dedicated commons. Inclusion is for clarification only. Such inclusion does not affect the status of these commons. No retail sales shall be allowed except those associated with the recreational facilities operated within Sur River. Any uses which are permitted as a conditional use in the resort section of the PC zone shall only be approved upon additoinal findings by the hearings's body_ that: 1. The use will not conflict with the recreational character of the area. 2. The use will not have an adverse impact upon the surrounding residential uses. 3. The use will have adequate parking and access which does not conflict with other uses in the area. 4. If the use permitted outright in another zone that there is substantial reason for locating the use in this location as opposed to an area where the use is permitted outright. By comparison of the uses permitted outright and as conditional uses, in a Resort District to those permitted outright and as conditional uses in an RM (Multiple Family Residential District) it is clear that the uses in an "R" District are more intensive. Therefore, I find that the proposed zone change, down- grading, will not have an adverse impact upon the surrounding residential uses or conflict with the recreational character of the area. There is evidence to support the applicant's contention that a residential district is more compatable with the surrounding uses. Paking requirements for residential uses are less than for other uses which would be premitted in the R PAGE 4 - FINDINGS AND DECISIONS WGE 248 VOL CW4GE 249 District. The site is served by two access easements. I find that there is adequate parking and access which will not conflict other uses in the area. Evidence was submitted by the Sunriver Phase I owners and from the Sunriver Properties of Oregon Limited which express an opinion that conversion of the property to RM is a more desirable use. I find that the applicant has satisfied these criteria. I find that the applicant has satisfied the zone change criteria of Section 10.025. (see exhibit 8). nVOTC TnM. The application for a zone change and master plan amendment is approved subject to the following condition: 1. That a RM, #13 be added to the Sunriver Master Plan which states: Contains .57 acreas and is located immediatley to the west of the old skating rink building and to the south of the Great Hall. This area was originally planned as a restaurant and meeting site in support of the convention facilities originally planned for the ice rink building. It is felt that residential development is more fitting for this site ad therefore, the property has been rezoned from R-6, Resort District to RM, to allow a maximim of eight dwelling units. This creates a density of about 14 dwelling units per acre which is nearly the same as the Kitty Hawk and the Pines developments to the south. THIS DECISION BECOMES FINAL FIFTEEN (15) DAYS AFTER THE DATE MAILED UNLESS APPEALED WITH THE PLANNING COMMISSION BY A PARTY OF INTEREST. DATED this day of July, 1983. Michael T. Dugan HEARINGS OFFICER MTD/jeh cc File Redmond City Planning Director Bend City Planning Director BOCC PAGE 5 - FINDINGS AND DECISIONS