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HomeMy WebLinkAbout89-023I REVIEWED f N -252`7U 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 �7 o m m o m r m m O m w 1 p (ti D iN N O p O H X m 33 8r .Dm� 1.'93111 3 N a �8 s2J o Mtn EXHIBIT "B'.' See Mon 20 10 N CD D 88 -um 8 a m SCALE 1948000 ;Ooo 0 !000 4000 Orga O I - _ KILOWTER 0096 1805 -0g o m a It $O m M j- _ .tit 20 � IM68 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