Loading...
HomeMy WebLinkAbout91-023ORDINANCE NO. 91-023 WHEREAS, Brooks Resources Corporation proposed a Zone Change from SM to UAR-10 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 April 2, 1991; and WHEREAS, the Hearings Officer recommended that the Zone Change requested for the subject property be approved, by decision dated May 2, 1991; and WHEREAS, the decision of the Hearings Officer has not beeni appealed; NOW, THEREFORE; THE BOARD OF COUNTY COMIISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS AS FOLLOWS: Section 1. That Title 19 of the Deschutes County Code, the Bend Urban Growth Boundary Zoning Ordinance, 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 SM to UAR-10. Section 2. To adopt the Findings, Decision and Recommendation of the Hearings Officer, dated May 2, 1991, relating to Zone Change Application No. ZC-90-12, marked Exhibit "C", attached hereto and by this reference incorporated herein, as the Findings of the Board of County Commissioners in support of the Zone Change. 1 - ORDINANCE - NO. 91-023 BEFORE THE BOARD OF COUNTY COMMISSIONERS c�UNSEL OF DESCHUTES CO �L..__. 91-1663'7 0106 1590 AN ORDINANCE AMENDING TITLE 19 OF * �o THE DESCHUTES COUNTY CODE, THE BEND *?w_ URBAN GROWTH BOUNDARY ZONING ORDINANCE*`' CHANGING THE SURFACE MINING (SM) ZONE * -- DESIGNATION TO URBAN AREA RESERVE (UAR-10) ON AN APPROXIMATELY 36-ACRE * WI(70FI MrP PARCEL OF REAL PROPERTY LOCATED IN TOWNSHIP 17 SOUTH, RANGE 11 EAST, OF THE WILLAMETTE MERIDIAN, SECTION 24 * �' DESCHUTES COUNTY, OREGON, AND DECLARING AN EMERGENCY. ORDINANCE NO. 91-023 WHEREAS, Brooks Resources Corporation proposed a Zone Change from SM to UAR-10 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 April 2, 1991; and WHEREAS, the Hearings Officer recommended that the Zone Change requested for the subject property be approved, by decision dated May 2, 1991; and WHEREAS, the decision of the Hearings Officer has not beeni appealed; NOW, THEREFORE; THE BOARD OF COUNTY COMIISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS AS FOLLOWS: Section 1. That Title 19 of the Deschutes County Code, the Bend Urban Growth Boundary Zoning Ordinance, 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 SM to UAR-10. Section 2. To adopt the Findings, Decision and Recommendation of the Hearings Officer, dated May 2, 1991, relating to Zone Change Application No. ZC-90-12, marked Exhibit "C", attached hereto and by this reference incorporated herein, as the Findings of the Board of County Commissioners in support of the Zone Change. 1 - ORDINANCE - NO. 91-023 0106 1591 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 Recording Secretary o9,j�- , 1991. 2 - ORDINANCE - NO. 91-023 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON am C TO. THROOp Co ssioner r NANCY POPEV SpH.ANGEN, Commiqiqioner ` Pw 5/8' NtOBYEC. NEX"'1/4 ByN z+ 1287.30' ' S 3242'35• E 119.94' • E • A5 BD1t`D E N 5DDD7 . W FO R. i' g NO Rem,..'.. `, Q 14.6046'60' f, b�J:.iT?:5/8'.1.R. g 0106 1592 GRAPHIC SCALE (alsel) I lmh � f00 K BROOKS RESOURCES CORPORATION VOL. 105 PG. 1467 171124-00302 - ' 453 M 71OD N 85y 2165 W 1�. µ04.0.43p3?`' W. 250' 85.1ypp'X273.33' D9'39'05' '�1D M1 -PARCEL 1 — ?x 5 89'$'05 9 W 233.21 . 11583,1 g5 FOUND 5/C IRON ROD 338/890 — L L L L L .WITH NO CAP. AND NO : ,A VOL 250, PG. 888- L_ RECORD HEiD FQN: - L L L L L L L i._ I 7'QpnpN — I VOL 11, P6. 911 LZ_LE,1111. WEST LINE OF AWBREY MEA_OWS . LLL LLL LLLL LL_L LOT UNE ADJUSWENY AREA L- L L_ L L -L VOLUME 207, PAGE 898 .:'36.94 ACRES ADDING VOL. 207, PG. 896 TO 171124-00300 171124-00300 VOL 11, PG. 301 BROOKS RESOURCES CORPORATION C Y� LEGEND o SET 5/8• IRON ROD W/YPC STAMPED •W t H PACIFIC' • FOUND 5/8• IRON ROD SET BY C.W.E.C. UNLESS OTHERWISE NOTED HATCHED AREA INVOLVED IN LOT LINE ADJUSTMENT PART OF 171124-00100 BEING ADDED TO 171124--00300 ® HATCHED AREA OF 171124-00200 HATCHED AREA OF 171124-00301 P W o F+•`1 oar i Flrt'''•TT►.y-1.1• O W r%1 N WLL N o N (7 0 pp� �\ > �1 N I 1-4 '� o ZE5 O X1 C) P4 Dstc 8-4-1990 Da DtAwn LJB CDeekeQ: LAB Rs,W— PROFESSIONAL LAND SIMVEYW9 I LYNN J�BRUNO I �esl NumbeF 1 OF 1 JoD No. 1328-OS-Oi _ I FD. 3" BRASS CAP SET BY C.W.E.C.� 405.74' a____ -__-_l___________________ 761.99' S 89'59'05' w 1287.65' BROOKS RESOURCES CORPORATION VOL. 105 PG. 1467 171124-00302 - ' 453 M 71OD N 85y 2165 W 1�. µ04.0.43p3?`' W. 250' 85.1ypp'X273.33' D9'39'05' '�1D M1 -PARCEL 1 — ?x 5 89'$'05 9 W 233.21 . 11583,1 g5 FOUND 5/C IRON ROD 338/890 — L L L L L .WITH NO CAP. AND NO : ,A VOL 250, PG. 888- L_ RECORD HEiD FQN: - L L L L L L L i._ I 7'QpnpN — I VOL 11, P6. 911 LZ_LE,1111. WEST LINE OF AWBREY MEA_OWS . LLL LLL LLLL LL_L LOT UNE ADJUSWENY AREA L- L L_ L L -L VOLUME 207, PAGE 898 .:'36.94 ACRES ADDING VOL. 207, PG. 896 TO 171124-00300 171124-00300 VOL 11, PG. 301 BROOKS RESOURCES CORPORATION C Y� LEGEND o SET 5/8• IRON ROD W/YPC STAMPED •W t H PACIFIC' • FOUND 5/8• IRON ROD SET BY C.W.E.C. UNLESS OTHERWISE NOTED HATCHED AREA INVOLVED IN LOT LINE ADJUSTMENT PART OF 171124-00100 BEING ADDED TO 171124--00300 ® HATCHED AREA OF 171124-00200 HATCHED AREA OF 171124-00301 P W o F+•`1 oar i Flrt'''•TT►.y-1.1• O W r%1 N WLL N o N (7 0 pp� �\ > �1 N I 1-4 '� o ZE5 O X1 C) P4 Dstc 8-4-1990 Da DtAwn LJB CDeekeQ: LAB Rs,W— PROFESSIONAL LAND SIMVEYW9 I LYNN J�BRUNO I �esl NumbeF 1 OF 1 JoD No. 1328-OS-Oi _ I r - E -4 H P4 0106 1593 NARRATIVE - ME PURPOSE OF THIS SURVEY WAS TO MONUMENT AND FILE ME DEEDS NECCESSARY TO COMPLETE A LOT�LINE ADJUSTMENT BETWEEN R.L.COATS AND BROOKS RESOURCES CORPORATION. RFFERENCES- SECTION SUBOMSION SURVEY BY C.W.E.C. DATED 8-7-72 AS RECORDED IN THE DESCHUTES COUNTY SURVEY OFFICE. AFTER LOCATING THE SECTION AND 1/4 CORNERS OF SECTION 24, 1 SUBDIVIDED ME SECTION BASED ON OUR FRTD TIES To ME APPROPRIATE CONiRpJ.NJC CORNERS. TFIE CALd1lATE0 POSITION FOR TE C -W 1/18 OF SECTION 2/ WAS YAMNI 0.64 FEET OF A fOUND S/B' IRON ROD SET BY C.W.E.C. 1 HETD 1XE C. W.E.C. LOCATION FOR ME C -W 1/16 AND THE C. W.E. C. SURVEY. ME C.W.E.0 SURVEY OF 1372 ESTABUSXES ME BOUNDARY BETWEEN R.L. COA75 TAS A BASIS USED THE LINE BETWEEN ,E N 1/4AND THE NMEAST CORNER OF SECTION AS DEFINED ON THE C.W.E.C. SURVEY. FD. 3' BION PIPE W/ BRASS CAP r SET BY C.W.E.C. A, XC 14 SEC 13 N 8955'06' W f ----------------------- ___________ ;EC 231 SEC 24 I I I I I I i 1 1 I �I I I I I I i i I I I I I I I I I ;I I aI l rI 81 �I I I I I I I ry I I 1 I I 1 e S/B' NOUN ROD FOUND,SET ' BC.W.E C. N 82'27b8' E, 0.64' FROM CALCULAlEO CENTER NEST 1/16 CORNER. XELD g I FOUND S/8' IRON ROD FOR I CEN7ER NEST 1/18. 23 a 2S \\NEST 1/4 SECTION 24 FD. NCON PIPE W/ BRASS CAP SET BY C.W.E.C. B VOL. 327, PO. B r A, s 3 ry n MIBIT "C" FINDINGS, DECISION AND RECOMMENDATION 0106 1595 FILE NOS.: ZC-90-12, PA -90-12, CU -90-221 and SP -90-149 APPLICANT: Brooks Resources P. O. Box 6119 Bend, OR 97708 REQUEST: The applicant is requesting approval of a zone change from surface mining to urban area reserve on a tract of land containing approximately 36 acres. The applicant is also requesting approval of a conditional use permit to allow construction of two golf course fairways on the subject property. The applicant is also requesting site plan review of those fairways. PLANNING STAFF REPRESENTATIVE: Kevin Harrison BURDEN OF PROOF: The applicant must establish that the zone change conforms with the Bend Urban Area General Plan and Section 19.116.030, Title 19 regarding zone changes as set forth in the Deschutes County Code. The applicant must also establish that the site plan and conditional use permit conforms with Section 23(8), 29(3) and 30 of the City of Bend Zoning Ordinance and other applicable provisions of the Bend Area General Plan. PRELIMINARY FINDINGS 1. LOCATION: The subject property is located north and west of the intersection of Shevlin Park Road and Mt. Washington Drive; north of Valhalla Heights Subdivision; 17-11-24, Tax Lot 300. 2. ZONE: The subject property is zoned SM, Surface Mining, and is designated Urban Reserve by the Bend Area General Plan. 3. The applicant originally requested a plan amendment to remove a collector road from the Bend Urban Area Comprehensive Plan. That application has since been withdrawn and will not be considered in this decision and recommendation. PAGE 1 - FINDINGS, DECISION AND RECOMMENDATION File Nos. ZC-90-12, PA -90-12, CU -90-221 and SP -90-149 0106 1596 HEARING AND EXHIBITS A joint hearing with the City of Bend on the above -referenced application was held on April 2, 1991, at the City of Bend Public Works Department. The following exhibits make up the record in this matter: A. Application and Burden of Proof Statement (Planned Unit Development); B. Awbrey Butte Master Plan; C. Traffic Impact Access and Circulation Report by Carl Buttke; D. Proposed Awbrey Glen Planned Unit Development map; E. Tom Walker letter dated March 14, 1991; F. Thomas Walker letter dated April 2, 1991 and accompanying exhibits; G. Transportation plan map; H. Zone change application filed with Deschutes County and Burden Proof Statement dated December 7, 1990; I. Tax Lot map indicating the area subject to the zone change amendment; J. Deschutes County Staff Report regarding the conditional use permit and site plan plan review; K. Deschutes County Staff Report concerning the proposed zone change; L. City of Bend Staff Report; M. Bend Park District Memorandum dated March 4, 1991; N. Bend Park & Recreation District letter dated March 7, 1991; O. R. L. Coats letter; P. H. T. Kuper letter dated March 12, 1991; and Q. Brooks Resources comments dated April 30, 1991; R. Brooks Resources letter dated April 30, 1991; and S. Hearings Officer letter dated April 23, 1991. CRITERIA ZONE CHANGE 1. Section 19.116.030 of Title 19 details in the standards for a Zone Change. It states that the applicant shall in all cases establish: A. That the change conforms with the Comprehensive Plan. Specifically, the change is consistent with the Plan's intent to promote an orderly pattern and sequence of growth. PAGE 2 - FINDINGS, DECISION AND RECOMMENDATION File Nos. ZC-90-12, PA -90-12, CU -90-221 and SP -90-149 t 0106 159'7 B. That the change will not interfere with existing development, development potential or value of other land in the vicinity of the proposed action. C. That the change in classification for the subject property is consistent with the purpose and intent of the proposed zone classification. D. That the change will result in the orderly and efficient extension or provision of public services. Also, that the change is consistent with the County's policy for provision of public facilities. E. That there is proof of a change of circumstance or a mistake in the original zoning. 2. Section 12.12.010 contains the purpose statement for the UAR Zone. The zone is designed to serve as a holding category for tax differentials as urban growth takes place elsewhere in the planning area, and to be preserved as long as possible as useful open space until needed for orderly growth. 3. Relevant Comprehensive Plan policies: A. The Bend Area General Plan, at Page 11, states: Urban area reserve lands cover extensive areas along the western slide of the Urban Growth Boundary, and small amounts along the east and southeast edges of the UGB. This classification is intended to serve as a holding category and to provide opportunity for tax differentials as urban growth takes place elsewhere in the planning area. The area also has some potential for destination resorts and recreation development. B. The Plan, at Page 12, states: The western side of the Urban Growth Boundary has been a source of pumice, dirt and some sand and gravel. Areas actively mined are zoned SM. The classification will help isolate these resource extraction operations from incompatible urban uses. PAGE 3 - FINDINGS, DECISION AND RECOMMENDATION File Nos. ZC-90-12, PA -90-12, CU -90-221 and SP -90-149 0106 1598 4. Goal 5, Open Spaces, Scenic and Historic Areas, and Natural Resources, requires jurisdictions to, among other things, inventory the location, quality and quantity of mineral and aggregate resources. Where no conflicting uses for such resources have been identified, the resources shall be managed so as to preserve its original character. SITE PLAN AND CONDITIONAL USE PERMIT 1. Section 19.100.030 of Title 19 details the general criteria for a conditional use permit. The general criteria are: A. That the location, size, design and operating characteristics of the proposed use are such that it will have minimal adverse impact on the property value, livability and permissable development of the surrounding area. Consideration shall eb given to compatibility in terms of scale, coverage and density with the alteration of traffic patterns and the capacity of surrounding streets and to any other relevant impact of the proposed use. B. That the site planning of the proposed use will, as far as reasonably possible, provide an aesthetcially pleasing and functional environment to the highest degree consistent with the nature of the use and the given setting. C. That if the use is permitted outright in another zone, there is substantial reason for locating the use in an area where it is only conditionally allowed, as opposed to an area where it is permitted outright. D. That the proposed use will be consistent with the purposes of this Ordinance, the Comprehensive Plan, Statewide Goals and any other applicable statutes, ordinances or policies. 2. Section 19.76.070 contains criteria to be applied in site plan review. The following criteria are applicable to this request: A. Preservation of Natural Landscape. The landscape and existing grade shall be preserved to the maximum practical degree, considering development constraints and suitability of the landscape or grade to serve the applicant's funcgtions. Preserved trees and shrubs shall be protected during construction. PAGE 4 - FINDINGS, DECISION AND RECOMMENDATION File Nos. ZC-90-12, PA -90-12, CU -90-221 and SP -90-149 $ 0105 1599 B. Pedestrian and Vehicular Circulation and Parking. The location and number of points of access to the site, the interior circulation patterns, designs of parking areas and the separation between pedestrians and moving and parked vehicles shallb a designed to promote safety and avoid congestion on adjacent streets. 3. Relevant Comprehensive Plan policies: A. Residential Policy No. 29, Page 32, states: Certain private recreational uses, such as golf courses or riding stables, can be successfully integrated into resiential areas provided the location, design and operation are compatible with surrounding residential developments. FINDINGS OF FACT 1. The subject property consists of approximately 36 acres out of a total ownership of approximately 400 acres. The property contains slight -to -moderate northeast and east facing slopes, and is vegetated by ponderosa pine, juniper, antelope bitterbrush and grasses. 2. Surrounding land uses include the proposed Awbrey Glen Planned Unit Development to the south, forestland to the north and west and the Awbrey Meadows Subdivision to the east. 3. There are no existing structures. 4. The applicant is proposing to develop Awbrey Glen Planned Unit Development, containing approximately 400 dwelling units, 18 hole golf course, restaurant and other recreational facilities, on approximately 400. acres in contiguous ownership. The majority of the property is located within the City limits of Bend; the subject property consists of a 36 - acre portion of the property which lies outside the City limits but within the Urban Growth Boundary. The applicant is proposing to develop 2 of the 18 fairways on the subject property. The applicant has submitted land use applications to the City and County, both, depending on the appropriate jurisdiction. PAGE 5 - FINDINGS, DECISION AND RECOMMENDATION File Nos. ZC-90-12, PA -90-12, CU -90-221 and SP -90-149 } 0106 1606 5. The subject property was acquired by the applicant via a lot line adjustment detailed in File No. LL -90-33. The property was part of a larger holding zoned SM and identified on Assessor's maps No. 17-11-24 as Tax Lots 400, 500, 600 and 700; 17-11-23 as Tax Lot 500; and 17-11-13 as Tax Lots 100, 400 and 500. 6. The following transmittal responses were received: A. City of Bend: No comment submitted. B. Department of Land Conservation and Development: No comment submitted. C. Oregon Concrete and Aggregate: No comment submitted. D. County Public Works Department: The Public Works Department submitted a letter dated January 23, 1991, which addresses the request to remove the two collectors from the transportation plan. 7. In a Surface Mining Zone, a golf course is not permitted either outright or conditionally in the current zoning district. 8. Based upon the letter of H. T. Kuper of Wilsey & Ham Engineering, the Hearings Officer finds there are not sufficient aggregate resources within these 36 acres to protect for mining purposes. It should also be noted that the construction of the two golf holes within this area in conjunction with the remainder of the golf course also provides an important Goal 5 resource for open space. 9. These two golf course holes will be necessary for the entire Awbrey Glen project which is the subject matter of the City's Planned Unit Development application. Approval of that Planned Unit Development will require the concurrent approval of this site plan and conditional use permit. FINDINGS OF FACT REGARDING SITE PLAN AND CONDITIONAL USE PERMIT 1. The applicant is proposing to develop Awbrey Glen Planned Unit Development, containing approximately 400 dwelling units, 18 hole golf course, restaurant and other recreational facilities, on approximately 400 acres in contiguous ownership. The majority of the property is located within the City limits of Bend; the subject property. consists of a 36 acre portion of the property which lies outside the City limits but within the Urban Growth Boundary. The applicant is PAGE 6 - FINDINGS, DECISION AND RECOMMENDATION File Nos. ZC-90-12, PA -90-12, CU -90-221 and SP -90-149 �0106 16©1 proposing to develop 2 of the 18 fairways (numbers 5 and 6) on the subject property. 2. The following transmittal responses were received: A. Bend Fire Department: "Provide at least two ways in and out. Roadways, if only 20 feet wide, will be required to have 'No Parking' signs on both sides. Provide fire hydrants with require fire flows at 500 foot spacing in residential areas and within 150 feet of commercial buildings." B. Deschutes County Watermaster: "Our records show that they have applied for the ground water rights in this area. C. Tumalo Irrigation District: No comment submitted. 3. Pursuant to Chapter 19.12.030(R), Urban Area Reserve Zone, a golf course is considered to be a conditional use in the zoning district. 4. The applicant states that the northern collector will be a public street. This street will eventually cross Tumalo Creek and serve the residential areas north of the creek. The applicant agreed to dedicate a 60 foot right of way for the street and apply for a variance to the street standards for curbs, sidewalks and roadway width. 5. The applicant states that a tentative subdivision plan and master plan for the individual lots will be submitted at a later date. The applicant is proposing to only construct the golf course, driving range and pro shop at this time. 6. The applicant states on the application form that the property is zoned CL, Limited Commercial. There is only a small area designated as Commercial --Limited by the Bend Area General Plan map, the zoning for the entire parcel is RS. 7. As this application for a conditional use permit and site pian only concerns the two fairways outside of the City limits, the Hearings Officer does find that the proposed development insofar as these two golf holes are concerned does satisfy the requirements of the site plan review and conditional use requirements of the Deschutes County Code. The development of these fairways will preserve the natural features of the site to the greatest extent practicable. PAGE 7 - FINDINGS, DECISION AND RECOMMENDATION File Nos. ZC-90-12, PA -90-12, CU -90-221 and SP -90-149 0108 1609. BASED UPON the foregoing Findings of Fact, the Hearings Officer hereby RECOMMENDS APPROVAL of the zone change and hereby APPROVES the site plan and conditional use permit subject to the following conditions: 1. Approval of this application is contingent upon final approval of the zone change documented in file No. ZC-90- 12. 2. Approval is based upon the submitted plan. Any substantial change in the proposal will require a new application. 3. Applicant shall provide hydrants and fire flows as specified by the Bend Fire Department. 4. The conditional use permit shall become void one (1) year after approval, or for the time specified by the City of Bend in their review of the project, unless within that time construction authorized by the permit has been commenced and diligently pursued. 5. Design and Construction Standards for roads shall be in accordance with the requirements of the City of Bend Public Works Department. THIS DECISION BECOMES FINAL TEN (10) DAYS FROM THE DATE MAILED, UNLESS APPEALED. DATED and MAILED this 2nd day of May, 1991. EDWARD P. FITCH cc: BOCC Deschutes County Planning Commission Deschutes County Planning Director Mike Hollern Paul Buchanan Robert S. Lovlien Tom Walker Dave Leslie Ed and Kendra West Carla Wigle Art Kegler Frnak Stouch Bend Metro Park & Rec Dist. Ed West Mike Freeman +\epf\1and.use\brooke.2 PAGE 8 - FINDINGS, DECISION AND RECOMMENDATION File Nos. ZC-90-12, PA -90-12, CU -90-221 and SP -90-149