Kuhlman flyer tl 600:601 cups:septics

CASCADE MOUNTAIN VIEWS - 2 HOMESITES $649,000.

TL 601 TL 500

TL 600

BUILD YOUR HOME ON ACREAGE Incredible 40 acre view property on Bends west side with two CUPs. Located in Tumalo Just 10 minutes from downtown Bend, turn on Johnson Rd, left on Tyler Rd, Kuhlman will be on your left. Big bold Cascade Mt. Views. CUP and building envelope in place on both tax lots, Standard septic system approved.

18955 NW (TL 600&601) Kuhlman Rd Bend $649,000.

Property Features 40 acres - Tax Lot 600 & 601 r r r r r

CUP & Building Envelope Approved Property Surveyed Potential Irrigation Septic Feasibility Approved Call for additional information

© MMXIII Sotheby’s International Realty Affiliates LLC. A Realogy Company. All Rights Reserved. Sotheby’s International Realty® is a registered trademark licensed to Sotheby’s International Realty Affiliates LLC. An Equal Opportunity Company.

Equal Housing Opportunity. If your property is listed with a real estate broker, please disregard. It is not our intention to solicit the offerings of other real estate brokers. We are happy to work with them and cooperate fully.

Pam Mayo-Phillips Cascade Sotheby’s International Realty 650 SW Bond Street Suite 100 Bend, Oregon 97702 Principal Broker, licensed in State OR 541-480-1513 cell 541-923-1376 office pam.mayo-phillips@sothebysrealty.com

TL 600

TL 500

TL 601

TL 500 -$425,000.

TL 600 & TL 601 (2 Building Sites) - $649,000.

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,Gommunity Ìleveloprnent Department

n

Planning Divlsion Bu¡lding Sãfèty Dlvlsion EnVironmental Soils tivision

P:0, Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005

(541)3BB-6s75

FAX

(541)385-L764

http : //www.co.deschutes.or. us/cddl

FINDINGS AND DECISION FILE NUMBER:

ctJ-13-25

,ô.PPLICANT/OWNER:

EWC, LLC Eric W. Coats, Manager P.O. Box 5984 Bend, OR 97708

ATTORNEY:

Tia M. Lewis Schwabe, Williamson & Wyatt 360 S.W. Bond Street; Suite 400 Bend, OR97702

REQUEST

A Conditional Use Permit for a new house ("template dwelling") on a 3S-acre property in a Forest Use (F-2) zone.

STAFF GONTACT:

Kevin Harrison, Principal Planner

STANDARDS AND APPLI CABLE CRITERIA:

Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance Chapter 18.40, Forest Use (F2) Zone Chapter 18.84, Landscape Management (LM) Combining Zone Chapter 18.88, Wildlife Area (WA) Combining Zone

¡I.

BASIC FINDINGS

A

LOCATION: The subject property has an assigned address of 18955 Kuhlman Road, Bend, and is identified on Deschutes County Assessor's Map 17-11-11 as tax lot 600.

B

ZONING: The subject property is zoned F-2, Forest Use, and is within the Landscape Management (LM) and Wildlife Area (WA) Combining Zones. lt is designated Forest by the Deschutes County Comprehensive Plan.

c

LOT OF RECORD: The subject property is a legal lot of record as documented LR-07-27.

Qunlity Seruices Petþnncd ruith Pride

in

D.

PROPOSAL: The applicant proposes to construct a single family dwelling in an Lshaped area that generally runs parallel to Kuhlman and Tyler Roads. The proposed dwelling will use an on-site septic system and an on-site domestic well. Access to the building site will be from Kuhlman Road.

E

SITE DESCRIPTION: The subject property is approximately 35 acres in size and is shaped like a horseshoe. The property is relatively level and has been cleared and used, historically, for hay production. Apparently, the farm use of the property has been abandoned and the old hay field has been planted with ponderosa pine seedlings.

Kuhlman Road borders the property to the noĂąh and Tyler Road borders the propefty to the east. An old road runs southwest from Tyler Road, across the southeast corner of the property. There are no structures on the property.

F

SURROUNDING USES: Surrounding land uses include scattered rural residences and scattered farm uses, along with large areas of undeveloped forest land consisting of mixed juniper and ponderosa pine trees. Zoning in the area is EFUII-RB to the north, across Kuhlman Road, and to the east, across Tyler Road. Forest Use zoning (F-2 and F-1) is found to the south and west. The Tumalo Feed Canal is to the west of the propedy.

G

SOIL: The subject property has two soil types based on the Natural Resource Conservation Service maps. These are'.72C, Laidlaw Sandy Loam, 0 to 15 percent slopes; and 157C, Wanoga-Fremkle-Rock Outcrop complex,0 to 15 percent slopes.

However, the majority of the property, approximately 90 percent, consists of 157C.

This soil type is typically composed of 35 percent Wanoga soil and similar inclusions, 30 percent Fremkle soil and similar inclusions,20 percent Rock Outcrop and 15 percent contrasting inclusions. lt is found on volcanic uplands, at elevations between 2,800 and 4,000 feet. Native plants include Ponderosa pine, western juniper, mountain big sagebrush, antelope bitterbrush and native grasses. The complex is well-drained, with an available water capacity of about 4 inches. Major uses include livestock grazing and woodland.

H.

AGENCY COMMENTS: The Planning Division sent notice of the proposed land use application to several public agencies and received the following transmittal responses: Deschutes Countv Environmental Soils Division. No comments submitted Deschutes Countv T

ftation Planner:

I have reviewed the transmittal materials for CU-l3-25 to establish a template dwelling in the Forest (F-2) zone at 18955 Kuhlman Road aka 17-11-11, Tax Lot 600. No traffic study is required, but the applicant will need to pay a transportation system development charge (SDC).

The most recent edition of the lnstitute of Traffic Engineers (TE) Trip Generation Handbook indicates a single-family residence (Land Use 210) generates an average of 10 daily weekday trips and one p.m. peak hour trip. Deschutes County Code (DCC) at 17.16.11\(C)Ă˜)(a) sfafes no traffic analysis is required for any use that will generate less than 50 new weekday trips.

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2

Board Resolution 2013-020 sefs an SDC rate of $3,758 per p.m. peak hour trip. County staff has determined given the residential mix of housing units between primary and secondary residences in the County, that a single-family home will generate 0.81 p.m. hour trips, so the applicable SDC ,s $3,044 (83,758 x 0.81).

Deschutes County Road Department. No comments.

Bend Fire Department:

An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. See the City of Bend Fire Marshall for approval of firefighting water supply.

Approved numbers or addresses sha// be placed on all new and existing buildings in such a position as to be plainly visible and legible from the sfreef or road fronting the property. Said numbers shall contrast wiih their backgraund and be visible at night.

Dwellings and Foster Homes that are located off of sfreef frontage shall post a visible approved reflective address sign at the entrance to their driveway. lStgrns are available at local Fire Stations) Fire apparafus access roads shall be placed within 150 feet of all exterior walls of the first floor of all buildings. Fire apparafus access roads shall have an unobstructed width of not less than 20 feet designed with a uniform all-weather driving surface to suppor-t the imposed GVW of 75,000 lbs. and a vertical clearance of not less than 13 feet 6 inches. Turning radius shall not รณe /ess than 45 feet and gradient shall not exceed 12 percent unless the authorities having jurisdiction approve a variance. Dead-end access roads rn excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. A cul-de-sac, hammerhead or other means for the turning around of fire apparatus may be approved.

Tumalo lrriqation District: No comments submitted.

Deschutes Countv Assessor: No comments submitted Deschutes County Building Division: No comments submitted Deschutes Countv Propertv Address Cooยก'dinatoยก':

Depending upon where the driveway is placed, the existing address may need to be changed.

Oreqon Department of Fish and Wildlife (ODFW): No comments submitted.

Oreqon Department of Forestrv (ODF): With regards to this conditional use application, ODF would request that EWC LLC abide by the Urban lntefface Fire Protection requirements established by ORS 477.059 and the Oregon Forest Practices Act for any furiher conversion or development of zoned forest land into a non forest use as a requirement in approving this conditional use request.

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Ja

PUBLIC COMMENTS: The Planning Division sent notice of the proposed application to all property owners within 750 feet of the subject property. No response was received to the public notice.

J

REVIEW PERIOD: This application was submitted on September 5, 2013, and was accepted as complete on September 26, 2013.

K.

The applicant submitted the affidavit for the land use action sign indicating it was posted on the property on September 10, 2013.

L.

LAND USE HISTORY: There is no permit history for this property other than the lot of record verification LR-07 -27 .

ilt.

co NCLUSIONARY

A.

Ghapter 18.40 of Title 18, Forest Use (F-2) zone.

1.

FINDINGS:

Section 18.40.03(X), Conditional Uses Permitted:

x.

Single-family dwellings or manufactured homes as specĂ­fied in DCC 18.116.070, pursuant to DCC 18.40.050.

FINDING: The proposed dwelling is under this Chapter.

2.

a single-family dwelling, which is subject to the criteria

Section 18.40.040, Limitations on Conditional Uses:

A use authorized by Section 18.40.030 of this title must meet the following requirements. These requirements are designed to make the use compatible with forest operations and agriculture and to conserve values found on forest lands.

(A) The proposed use will not force a significant change in, or signĂ­ficantly increase the cosf of, accepted farming or forest practices on agriculture or forest lands.

FINDING: The subject property is a 35-acre propedy that is located within an area already developed with single-family dwellings, particularly to the north and east. The vegetation includes mainly juniper and ponderosa pine trees and scrub brush. There are minor (hobby) farming practices occurring on the properties to the west, across the Tumalo Feed Canal, and north, across Kuhlman Road. There is a commercial horse operation to the nodheast, across Tyler Road. The farm use on the subject property and the property directly west appears to be abandoned as the old pasture has been planted with ponderosa pine seedlings. While forested properties are located around the subject property, the dominant tree species is juniper, which is not a commercial species. There is no evidence of any commercial forest use in the surrounding area.

The proposed dwelling will be located at least 100 feet from the closest farm use; the adjacent farm use appears to be livestock grazing (horses) and irrigated pasture. The combination of cu-13-25

4

distance and vegetation is sufficient to buffer the farm use from the residential use so that the proposed dwelling will not force a significant change in, or significantly increase the cost of, accepted farm or forest practice on agricultural of forest lands. Staff fínds this criterion is satisfied.

(B)

The proposed use will not significantly increase fire hazard or signíficantly increase fire suppressÍon cosfs or significantly increase rsks to fire søppressíon personnel.

FINDING: The proposed dwelling will be located in area containing sparse vegetation because it was historically cleared and used for hay production. There are several other dwellings in the area and existing roads to serve these other properties. The applicant has proposed placing the dwelling on a portion of the property that has no mature trees. A driveway will be constructed from Kuhlman Road. The property is within the Deschutes Rural Fire Protection District #2.

Staff finds that the proposed dwelling will not significantly increase fire hazard or fire suppression costs, and it will not significantly increase risks to fire suppression personnel.

Based on the applicant's ability to meet the fire siting standards discussed below, the proposal meets this criterion.

(C)

Prior to final approval of any use /rsfed in DCC 18.40.030, the land owner shall sign and record in the County Clerk's Office a written statement recognizíng the rights of adjacent and nearby land owners to conduct forest operations consistent with the Forest Practices Act and Rules.

FINDING: As a condition of approval, the owner shall sign and record this statement prior to issuance of the building permit for the dwelling.

3.

Seqller-on

A.

18-40.050, Standards for Sinqle-Familv Dwellinqs

General Provisions.

1

Dwellings [isted as a conditíonal use under Section 18.40.æ0(n of this chapter shall meet the following standards:

a.

One of the alternaúive úesfs set out in DCC 18.40.050(B)

(lot of record dwelling), DCC 18.40.050(C) (large tract dwelling), or DCC 18.40.050(D) (template dwelling); b.

If the lot or parcel is part of a "tract," the remaining undeveloped lots or parcels of the tract shall be consolidated into a single lot or parcel, or the

applicant shall sign and record with the County Clerk covenants, conditions and restrictions (on a form substantially similar to that set forth in DCC 18.36.140) prohibiting the sitíng of a dwelling on the undeveloped portions of the tract. Such covenants, condítíons and restrictions are irrevocahle, unless a statement of release is sþned hy the County Planning Director, or h í s a uth o rized re p resentative.

c. cu-13-25

No other dwellings shall be located on the tract 5

FINDING: The applicant is seeking approval of a template dwelling as set forth in subsection (D). The subject property does not consist of separate lots or parcels. There are no other dwellings located on the subject property and the applicant/property owner does not own any adjacent property. Therefore, the proposal meets these criteria. d.

The applicant shall provide evidence that any domestic water supply is from a source authorized in accordance with the Department of Water Resources Oregon

Adminístrative Rules for the appropriation of ground water (OAR 690, Division 10) or surtace water (OAR 690, Division 20) and notfrom a Class II stream as defined in the Forest Practices Rule. For purposes of DCC 18.40.050, evidence of a domestic water supply means: I.

Verification from a water purueyor that the use described in the application will be served by

the purueyor under the purveyor under

purveyor's rights to appropriate water; or ii.

1il.

the

A

water use permit issued by the Water Resources Deparfment for the use described in the application; or

Verification from the Water

Resources

a water use permit is not required for the use described in the applicatioh. lf the proposed water supply ís from a well and is exempt from permitting Department that

requirements under ORS 537.545, the applicant shall submit the well constructíon report to the county upon completion of the well.

FINDING: The applicant indicates that domestic water will be provided by an on-site well. The proposed water supply is exempt from permitting requirements under ORS 537.545. Therefore, pursuant to subsection (d)(iii), above, as a condition of approval the applicant will be required to submit a well construction report to the county upon completion of the well. e.

If road access to the dwelling is by a road owned and maintained by a private party or by the Oregon

of Forestry, the Bureau of Land Management or the U.S. Forest Service, then the applicant shall provide proof of long-term road access use permit or agreement. The road use permit may require the applicant to agree to accept responsibility for road maintenanceDepartment

FINDING: The proposed access to the homesite will be from a private driveway off of Kuhlman Road, which consists of 30 feet of dedicated public right-of-way and a parallel access easement recorded in Volume 318, Page 360, of the County Clerk's Records. Because access is from a public road this criterion is not applicable.

cu-13-25

6

2

In addition, dwellings listed as a conditional use under DCC 18.40.æ0(n shall be subject to the following standards or conditions:

e.

ín DCC 18.40.040; The siting criteria setforth in DCC 18.40.060; The fire siting standards set forih in DCC 18.40.070; The fire safety design standards for roads set fo¡úh in DCC 18.40.080; The stockíng requiremenús seú forth in DCC 18,40.085,

f.

if applicable; and Any other provisions made applicable by Title 18 or

a.

b. c. d.

The conditional use standards seú forth

the comprehensive plan.

FINDING: The standards of Section 18.40.040 have been acJdressed above. The siting, design, and stocking standards of the other sections are addressed below. The Comprehensive Plan is addressed through the provisions of Title 18 which implements the acknowledged comprehensive plan.

3.

Dwellings in forest zones shall not be subject to conditional use standards.

FINDING: The proposed dwelling will not be reviewed under the conditional use standards of Chapter 18.128 of Title 18.

D.

Template Dwelling. For approval under DCC 18.40.050(D), a single family dwelling shall meet the following requiremenús.'

1.

The lot or parcel is predominantly composed of soils that are: b.

Capable of producing 21 to 50 cubic feet per acre per year of wood fiber if: I.

AII or parf of at least seyen other lots or parcels that existed on January 1, 1993, are wíthin a 160 acre square centered on the center af the subjecttract; and

il.

At

least three dwellings existed on January 7, to exist on the other lots or parcels.

1993, and continue

FINDING: The predominant soil type on the propedy is 157C, Wanoga- Fremkle-Rock Outcrop complex, 0 to 15 percent slopes. According to the NRCS soils information for this complex, the Fremkle component is capable of producing 47 cubic feeVacrelyear and the Wanoga component is capable of producing 50 cubic feetlacrelyear of wood fiber. Therefore, staff finds that "b" above applies.

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7

All or part of at least 10 other properties are located within a 160-acre square centered over the subject property. These other properties all existed prior to 1993, and are identified as follows: 17-11-11, tax lots 200,300, 301,500,601,700,800, 1500, 1600 and 1601.

The County Assessor's records show that on tax map 17-11-11, three properties have dwellings which predate 1993. These properties are identified as 17-11-11, tax lots 200, 300 and 1600. All of these dwellings have continued to exist since 1993. Therefore, the proposal meets these criteria.

4.

Section 18.40.060. Sitinq of Dwellinqs and Structures.

A

All new dwellings and

structures approved pursuant to DCC 18.40.030 or permitted under DCC 18.40.020 shall be sited in accordance with DCC 18.40.060 and DCC 18.40.070. Relevant physical and locatíonal factors including, hut not limíted te, -- topography, prevaiting winds, access, surroundíng land use and source of domestic water shall be used to identify a site which:

I

Has the least impact on nearby or adjacent lands zoned for forest or agricultural use;

FINDING: The proposed homesite would be located along Kuhlman Road, or along Tyler Road or in the southern portions of the propeñy within 300 feet of an old access road. Properties to the west and south are zoned for forest use; properties to the north and east are zoned for agricultural use. There are no discernible forest operations in this area. A small-scale (hobby) farm is located to the nodh, consisting of livestock grazing (horses). A larger horse operation is located to the northeast, across Tyler Road. The homesite location is at least 100 feet from the farm zoned properties to the north and northeast. Based on the small-scale nature of the farm use in the area, the absence of forest use and the location of the home internal to the property, staff finds the proposal meets this criterion.

2.

Ensures that forest operatíons and accepted farming practíces will not be curfailed or impeded;

FINDING: Staff finds that the hobby farming (pasture with a few horses) in the area will not be curtailed or impeded by the approval of the proposed dwelling. There are no apparent forest operations in all four-directions adjacent to the subject propertyr, as evidenced by a staff site visit to the area. Staff finds that since no forest operations occur on adjacent parcels, there will be no curtailing or impeding of any forest operations by the approval of a dwelling on the subject property. Therefore, the proposal meets this criterion.

3.

Minimizes the amount of forest |ands used for the buílding site, road access and seruice corridors; and

FINDING: The proposed buildable area is in the northern, eastern and southern portions of the property. A driveway will be constructed to the building site. The driveway will need to meet the fire siting standards under section 18.40.070. There is no commercialforest land on the subject property, so the removal of vegetation necessary for the proposed dwelling and access will not take any forest land out of production.

cu-13-25

B

4.

Consistent wíth the applicable provísions of DCC 18.40.070, minimlzes the risks assocrafed wíth wíldfire.

FINDING: The proposal's compliance with the provisions of section 18.40.070 will be reviewed below. These requirements would minimize the risks associated with wildfire.

B.

The applicant shall provide evidence that the domestic water supply, accordance with the any, from source authorized Deparfment of Water Resources Oregon Administrative Rules for the appropriation of ground water (Oregon Administrative Rules 690, Divisíon 10) or surface water (Oregon Administrative Rules 690, Division 20) and not from a C/ass Il stream as defined in the Forest Practices Rule (Oregon Administrative Røles 629-24-101(3). lf the

íf

is

a

in

water supply is unavailable from public sources or sources located entirely on the subject propeñy, then the applicant shall provide evidence that legal easement has been obtained permitting domestic waterlines fo cross the proþérties of affected owners.

FINDING: The applicant has proposed domestic water from an on-site well. No surface water will be utilized.

5.

Section 18.40.070, Fire sitinq standards for dwellings andttruatulee.

The following fire siting standards shall apply to all new dwellings and e rm a n ent str u ct u re s ( i n c I u d i n g p e rm i tted usesJ,'

p

A.

,Access 1

lf a water supply, such as a swimming

pool, pond, stream or lake, is available and suitable for fire protectíon or is required under this sectíon, then road access úo within 15 feet of the water's edge shall provided for pumping units. The road access shall be constructed and maíntaíned to accommodate the maneuvering of fire fighting equipment during the fire season. Permanenf sþns shall be posfed along fhe access route to indicate the location of the emergency water source.

FIND!NG: There.is no water surpply available and suitable on the subject property. Therefore, staff finds this criterion is not applicable.

2

FINDING: below.

Road access must meet the requirements of Section 18.40.080 and is addressed

B.

Firebreaks

I

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Road access to the dwelling or structure shall meet the road design standards described in DCC 18.40.080 of this title.

Primary Firebreak. Príor to use, owners of dwellings and structures shall construct a primary firebreak, not less than 10 feet wide, containing non-flammable materials. This may

I

include lawn, walkways, driveways, gravel borders or other similar materials.

2.

Secondary Firebreak. Owners of the dwellings and structures shall construct a secondary firebreak of not less than 20 feet outsíde the primary firebreak. This firebreak need not be bare ground, but can include a lawn, ornamental shrubbery or individual or groups of trees separated hy a distance equal to the diameter of the crowns adjacent to each other, or 75 feet, whíchever is greater. All trees shall be pruned to at leasú eíghtfeet in height. Dead fuels shall be removed.

3

Fuel Break. Owners of the dwellings and structures shall maintaín a fuel hreak extending a minimum of 100 feet in all directions around the secondary firebreak. Individual and groups of trees.withín the fuel break shall he separated by a distance equal to the diameter of the crowns adjacent to each other, or 15 feet, whichever is greater. Smallfrees and brush growing underneath larger frees shall be removed to prevent spread of fire up into the crowns of the larger frees. All trees shall be pruned to at least eight feet in height. Dead fuels shall he removed. The fuel break shall be completed prior to the hegínning of the coming fire season.

4.

No potTíon of a tree or any other vegetation shall extend to within 15 feet of the outlet of a stovepipe or chimney.

FINDING: The applicant's burden of proof statement indicates the applicant agrees to meet these criteria. A condition of approval will require that the applicant contact the Bend Fire Department to have the above fire and fuel breaks reviewed for compliance with these standards. The Fire Department's review of the fire and fuel breaks must be completed prior to issuance of an occupancy permit for the dwelling.

D.

The applicant for a single-family dwelling, caretaker resídence or private accommodatíons for fishing shall obtain an address from the County address coordinator and shalt display that num¡ber in a Iocation of the properiy that is clearly visible from the road used as ffie basrs for numbering. 'The numbers shall nat be less than than three ínches in height, shall be painted in a contrasting or visible color and shall comply with all other applícable standards for signs.

FINDING: The property has an assigned of 18955 Kuhlman Road, Bend. An address sign must be placed on the property. This will be made a condition of approval.

E.

Structural Standards.

I

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AII dwellings and structures shall use noncombustíble or fire resistant roofing materials. This means roofing materíal ídentified as C/ass A, B or C in the Oregon Uniform Buildíng Code. Roof sprinklers are not an acceptable alternative to this standard.

10

2.

If the dwelling has a chímney, it shall have a spark arrester'

FINDING: The applicant indicates that the building code standards will be met. A condition of approval will specifically require that the applicant use roofing material according to the standard above, and that all chimneys be equipped with an approved spark arrester.

F.

Fire Protection. Single-famíly dwellings, caretaker residences and private accommodations for fishing shall be located upon a parcel for which fire protection seruíces are available or where alternatíve protective measures are authorized by DCC 18.40.070(F).

I

For the purposes of this section fire protection seruices are available if the parcel is located within the boundaríes of a fire protection district or residentíal fire protection servrce is provided by a contract, as evidenced by a written, signed contract.

FINDING: The subject property is within the Deschutes Rural Fire Protection District #2, as evidenced by the County's fire district map. The District has a contract with the Bend Fire Department to provide services. Therefore, the proposal meets this criterion.

6.

Chaoter 18.40.080. Fire Safetv Desion Standards for Roads.

The following standards apply to all roads and driveways, except for private roads accesslng only commercial forest Uses, which access Uses permitted under DCC 18.40.020 or approved under DCC 18.40.030.

A;

Roads, bridges and culverts shall be desígned and maintaíned to support a minimurn gross vehicle weight (Gl.lW of 50,000 [bs. If bridges or culverts are ínvolved ín the construction of a road or driveway, written verification of compliance with the 50,000 lb. GVW standard shall be provided by a professional engíneer regístered ín Oregon.

B.

Access roads shalt have an unobstructed horizontal clearance of noú /ess than 20 feet and an unobstructed verTical clearance of not r..less than 13.5 feet, àtrd províde an all-weather su¡'face.

c.

Turnarounds shall have a minimum of 50 feet of turn radius with an all-weather surtace and be maÍntained for turníng of fire fighting equipment.

D.

Road grades shoutd not exceed 8%o, with a maximum of 12%o on short pitches. Variations from these standards may be granted when topographic conditíons make these standards ímpractical and where the tocat fire protection district sfaÚes their fire fightlng equipment can negotiate the proposed road grade.

FINDING: Kuhlman Road and Tyler Road meet these standards. The applicant has stated in the burden of proof statement that the above standards will be met for the proposed driveway. cu-13-25

11

As a condition of approval, the applicant shall obtain written approval of the driveway width, grade and the turnaround from the Bend Fire Department prior to issuance of an occupancy permit for the dwelling.

7.

Section 18.40.085, Stockinq Requirement.

AII dwellings approved under DCC

18.40.050 shall

provisions of DCC 18.40.085.

A.

be subject to

the

Stocking Requirement.

Dwellings approved under DCC 18.40.050 shall include a condition requiring the owner to plant a sufficient number of trees on the tract to demonstrate that the tract is reasonably expected to meet Department of Forestry stocking requirements specified in Department of Forestry adminístrative rules (Qregon Administrative Rules 629 in force at the time the approval is granted.

FINDING: The stocking requirement will be made a condition of approval 2.

If the lot or parcel is more than 30 acres, the property owner shall submit a stocking suruey report to the county assessor and the assessor wíll verify that the minimum stocking requirements have been met by the time required by Department of Forestry rules.

FINDING: The subject property is 35 acres in size, so this criterion is applicable. As a condition of approval, the applicant will be required to submit a stocking report to the county assessor.

B.

Reporting Requirements.

I 2.

3.

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The Planníng Director or his designee shall notify the County Ássessor of any stocking requirement conditíon at the time the dwelling ís approved.

The properTy owner shall submit a stocking suruey report to the County Assessor and the Assessor shall verify that the minimum stocking requírements have been met by the tíme required under Departrnent af Farestry rules. lhe Ássessor shall inform the Department of Forestry ín cases where the properÍy owner has not submitted a stockíng report or where the survey report indícates that mÍnimum stockíng requirements have not been met.

Upon notification by the Assessor, the Depariment of Forestry shall determine whether the tract meets mínimum stockíng requirements of the Forest Practices Act. That decision shall be solely the decision of the Department of Forestry. If the depaftment determínes that the tract does not meet fhose requirements, the department shall notify the owner and the assessor that the land is not being managed as forest land. Ihe Assessor shall then remove the forest Iand designation pursuant fo ORS 321.359.

12

The tax penalty ímposed by the Assessor under DCC 18.40.085 shall be the only sanctíon for failure to meet stocki ng req uirements.

FINDING: Staff will notify the Assessor's Office and the applicant of the stocking requirements as outlined above.

8.

Section 18.40.090( C). Buildino Heioht

c.

Building Height. No nonagrícultural building or structure shall be erected or enlarged to exceed 30 feet in height, except as approved under DCC 18.120.040.

FINDING: The proposed dwelling will be limited to the 30 feet in height, unless a height exception is approved under section 18.120.040(8).

L

Section 18.40.100, Yards and Se'tþaqKq.

A

The front yard setback shall be 40 feet from a properTy line fronting on a local street, 60 feet from a property line fronting on a collector and 100 feet from a property line fronting on an arteríal.

B

Each side yard setback shall be a mínimum of 25 feet, except a parcel or lot with a side yard adiacent to zoned forest land shall have a minimum side yard of 100 feet.

c.

Rear yards shall be a mínímum of 25 feet, except parcels or lots with rear yards adjacent to zoned forest land shall have a minimum rear yard of 100 feet.

D.

The setback from the no¡fh lot line shall meet the solar setback requirements in Secúion 18.116.180 of this title.

E.

ln addition to the sefbacks set forth herein, any greater sefþacks

requíred by applícable building or structural codes adopted by the Súaúe of Oregon andlor the County under Chapter 15.04 of this títle shall be met.

FINDING: The properly has frontage on both Kuhlman Road and Tyler Road, rural local roads.

Properties to the west and south are zoned forest land. As a condition of approval the applicant will be required to have a minimum front yard setback of 40 feet (north and east sides), and side and rear yard setbacks of 100 feet. With these setbacks the solar setback will also be met.

Staff is not aware of any greater setbacks required by the building code.

B.

Chapter 18.84. Landscape Management Combining Zone 1

.

Section 18.84.050 . Use Limitations.

A.

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Any new structure or substantial alteration of a structure requiring a buitding permit, or an agrícultural structure, within an LM Zone shall obtain site plan approval in accordance with DCC 18.84 prior to 13

construction. As used in DCC 18.84 substantial alteration consrsfs of an alteration whích exceeds 25 percent in the size or 25 percent of fhe assessed value of the structure.

FINDING: The LM zone applies to this property but the applicant is not proposing any structure at this time. The applicant states that he understands that site plan review under this Chapter will be required before any building can issue. A condition of approval will be added to ensure compliance with this section.

C.

Chapter 18.88. Wildlife Area Combining Zone ion 18.88.040. Uses Permitted C

1

n

Except as provided in DCC 18.88.040(8), in a zone with which the WA Zone uses permitted shall be those permitted conditionally by the underlying zone suhject to the provrsrons af the Gomprehensíve Plan, DCC 'î8.128 and other applicable secfions of this title.

is combined, the conditional

FINDING: The proposed dwelling is a conditional use in the forest use zone and was reviewed under DCC 18.40, above. A dwelling is not a prohibited use under DCC 18.88.040(8).

2.

Section 18.88.060. Sitinq Standards A.

Sefbacks shall be those described which the WA Zone is combined.

in the underlying zones

with

FINDING: The Forest Zone setbacks are addressed in a foregoing finding B.

The footprint, includíng decks and porches, for new dwellings shall be located entirely within 300 feet of public roads, private roads or recorded easemenfs for vehicular access exísting as of August 5, 1992...

FINDING: The proposed use is a dwelling. The applicant has proposed a building envelope 300 feet wide that parallels Kuhlman Road, Tyler Road and an internal access road that runs from norlheast to southwest in the southeast corner of the properly. Staff finds that both Kuhlman Road and Tyler Road are public roads that existed prior to August 5, 1992. The record also contains aerial photographs from 1973 and 1985 showing the internal access road running southwest from Tyler Road and exiting the properly at the southwest corner. Staff walked this road during a site visit on May 28, 2013. The road appears to be a service road for the irrigation infrastructure in the area. Staff finds that this internal access road meets these criteria and the proposed home site is approved.

3.

Section 18.88.070. Fencins Standards A

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in the Wildlífe Area Combiníng Zone shall be designed permit to wildlife passage. The following standards and guidelines shall apply unless an alternative fence design whích provides equivalent wildlife passage ís approved by the County after consultation with the Oregon Department of Fish and Wíldlife: New fences

14

1.

B.

The distance between the ground and the bottom strand or board of the fence shall be at /easf 15 inches.

2. The height of the fence shall not exceed 48 inches aboye ground level.

3. Smooth wire and wooden fences that allow passage of wildlife are preferred. Woven wire fences are dĂ­scouraged.

Exemptions: 1. Fences encompassrng less than 10,000 square feet which surround or are adjacent to residences or structures are exempt from the above fencing standards.

2. Corrals used for working livestock.

FINDING: The applicant has indicated they will comply with these standards.

rv.

coNct_ustoN:

The proposed dwelling will meet the requirements of Title 18 if all of the following conditions are met. Other permits may be required. The applicant is responsible for obtaining the necessary permits from the Deschutes County Environmental Soils and Building Divisions, as well as any required state or federal permits.

V.

DEGISION:

APPROVAL, subject to the following conditions.

VI. 1

CONDITIONS OF APPROVAL: Approval is based upon the submitted plan. Any substantial changes to the plan shall require a new application.

2

The applicant shall use roofing materials identified as Class A, B, or C in the Oregon Uniform Building Code and shall equip all chimneys with an approved spark arrester.

3.

The applicant shall contact the Bend Fire Department to have the on-site fire and fuel breaks, driveway and turnaround,'reviewed by the District for compliance with the standards in Sections 18.40.070(8) and 18.40.080. The applicant shall submit written verification from the Fire Department to the Planning Division that the standards above have been met, prior to issuance of an occupancy permit for the dwelling.

4

The applicant shall sign and record in the County Clerk's Office a written statement recognizing the rights of adjacent and nearby land owners to conduct forest operations consistent with the Forest Practices Act and Rules prior to the issuance of a building permit for the dwelling.

5

The dwelling shall be limited to an overall height of 30 feet, unless a building height exception is approved under Section 18.120.040 (B) of Title 18.

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15

o

The applicant shall plant a sufficient number of trees on the propedy to demonstrate that the property is reasonably expected to meet Department of Forestry stocking requirements specified in Department of Forestry administrative rules. The applicant shall submit a stocking survey report to the County Assessor. lf no report is filed, any tax penalty shall be paid.

7

The applicant shall obtain an access permit from the Community

I

Any fencing proposed for the site as part of this development shall meet the

I

The appticant shall submit a well log to the County upon completion of the well.

10

Prior to issuance of a building permit, the applicant shall post the acld[ess on tlre property in a location that is clearly visible from Kuhlman Road or Tyler Road. The numbers shall not be less than three (3) inches in height, shall be painted in a contrasting or visible color and shall comply with all other applicable standards for signs.

11

The minimum front yard (north and east property lines) setback is 40 feet; the minimum side and rear yard set backs are 100 feet.

12.

The applicant shall meet all requirements of the Bend Fire Department.

13

Prior

Development prior to the issuance of Department for any new access to Kuhlman Road or Tyler Road the building permit for the dwelling.

requirements under DCC 18.88.070.

to

issuance

of any building permit, the

applicant shall obtain Landscape

Management site approval under DCC Chapter 18.84.

VÂĄI.

DURATION OF APPROVAL:

The applicant shall apply for a building permit for the dwelling from the County Building Division within four (4) years from the date this decision becomes final, of obtain an extension of time pursuant to Section 2236.010 of the County Code, or this permit shall be void.

This decision becomes final twelve (12) days from the date of this mailing unless appealed by a party of interest.

DESCHUTĂ‹S COUNTY PLANNING DIVISION I I

Written by: Kevin Harrison, Principal Planner Dated this 27th day of September,2Ol3

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Mailed this 27th day of September,2Ol3

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Gommunity Ðevelopment Department Plenning Division Building Safety Division Énvironmenlal Soils Þlvision

P.O Box6005 117 NW LafayetteAvenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http //www.co. deschutes.or. us/cdd/ ;

NOTICE OF DECISION

The Deschutes County Planning Division has approved the land use application described below:

FILE NUMBER

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LOGATION:

The subject property has an assigned address of 18955 Kuhlman Road, Bend, and is identified on Deschutes County Assessor's Map 17-11-11 as Tax Lot 600.

OWNER:

EWC LLC, Eric W. Coats, Manager

ATTORNEY:

Tia M. Lewis

SUBJECT:

The Deschutes County Planning Division has approved a new house ("template dwelling") in the Forest Use (F-2) zone.

STAFF CONTACT:

Kevin Harrison, (541) 385-1401

APPLICABLE CRITERIA:

The Planning Division reviewed this application for compliance against criteria contained in Chapters 18.40, Forest Use (F-2) Zone, 18.84, Landscape Management (LM) Combining Zone and 18.88, Wildlife Area (WA) Combining Zone, in Title 18 of the Deschutes County Code (DCC), the Deschutes County Zoning Ordinance, as well as against the procedural requirements of Title 22 of the DCC.

DECISION: Staff finds that the application meets all applicable criteria, and approval is being granted subject to the following conditions:

I. 1

2

CONDITIONS OF APPROVAL Approval is based upon the submitted require a new application.

plan. Any substantial changes

in the plan shall

The applicant shall use roofing materials identified as Class A, B, or C in the Oregon Uniform Building Code and shall equip all chimneys with an approved spark arrester.

Quality Seraiccs Pwfonned wìth Pride

3

The applicant shall contact the Bend Fire Department to have the onsite fire and fuel breaks, driveway and turnaround reviewed by the District for compliance with the standards in Sections 18.40.070(8) and 18.40.080. The applic창nt shall submit written verification from the Fire Department to the Planning Division that the standards above have been met, prior to issuance of an occupancy permit for the dwelling.

4

The applicant shall sign and record in the County Clerk's Office a written statement recognizing the rights of adjacent and nearby land owners to conduct forest operations consistent with the Forest Practices Act and Rules prior to the issuance of a building permit for the dwelling.

5

The dwelling shall be limited to an overall height of 30 feet, unless a building height exception is approved under section 18.120.040 (B) of Title 18.

6

The applicant shall plant a sufficient number of trees on the property to demonstrate that the property is reasonably expected to meet Department of Forestry stocking requirements specified in Depaftment of Forestry administrative rules. The applicant shall submit a stocking survey report to the County Assessor. lf no report is filed, any tax penalty shall be paid.

7

The applicant shall obtain an access permit from the Community Development

Department for any new access to Kuhlman Road or Tyler Road prior to the issuance

of the building permit for the dwelling.

B

Any fencing proposed for the site as part of this development shall meet the requirements under DCC 18.88.070.

9.

The applicant shall submit a well log to the County upon completion of the well

10

Prior to issuance of a building permit, the applicant shall post the address on the property in a location that is clearly visible from Kuhlman Road or Tyler Road. The numbers shall not be less than three (3) inches in height, shall be painted in a contrasting or visible color and shall comply with all other applicable standards for signs.

11

The minimum front yard (north and east property lines) setback is 40 feet; the minimum side and rear yard set backs are 100 feet.

12.

The applicant shall meet all requirements of the Bend Fire Department.

13.

Prior

to

issuance

of any building permit, the

applicant shall obtain Landscape

Management site plan approval under DCC Chapter 18.84.

This decision becomes final twelve (12) days after the date mailed, unless appealed by a party of interest. To appeal, it is necessary to submit a Notice of Appeal, the appeal fee of $250.00 and a statement raising any issue relied upon for appeal with sufficient specificity to afford the Hearings Body an adequate opportunity to respond to and resolve each issue.

Copies of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents per page.

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2

Pending land use applications can be accessed online at www.deschutes.org/cdd. Click on "CDD lnformation Center" heading; then click on "Pending Land Use Applications" located on right side of page (opens in new window).

NOTICE TO MORTGAGEE, LIEN HOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST BE PROMPTLY FORWARDED TO THE PURCHASER. Dated this 27th day of September

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,2013

Mailed this 27th day of September,2Ol3

3