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INCREDIBLE ACREAGE-BUILD YOUR DREAM HOME $425,000.


CASCADE MOUNTAIN VIEW FROM Wonderful opportunity to build your dream home on acreage minutes from the west side of Bend. Property is next to a pond, canal, trees and has beautiful views from building site. Tumalo irrigation water rights available. Call listing agent for copies of CUP. This unique property has a lot of possibilities!

18555 (TL 500) Kuhlman Rd Bend, OR $425,000.

Property Features 40 acres - Tax Lot 500 r r r r r

CUP & Build Enevelop Approved Property Survey -Corners Marked Potential Irrigation Additional Acreage Available Call listing agent for CUP

© 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 c: 541-480-1513 o:541-923-1376 pam.mayo-phillips@sothebysrealty.com www.desertvalleygroup.com


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Avenue Bend, Oregon 97708-6005 (541)3BS-657s FAX (541)38s-L764

P;O, Box'6005 117 NW Lelfayette

http //wWw.co. deschutes jor' u5/cddl :

FINDINGS AND DECISION FILE NUMBER:

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APPLICANT/OWNER:

.Joyêe :E. Coats:Revocable Trust

Eric W. Coats, Trustee 63285 Skyline Ranch Road Bend, OR 97701

ATTORNEY:

REQUEST:

Tia M. Lewis Schwabe, Williamson & Wyatt 360 S.W, Bond Street; Suite 400 Bend, OR 97702

A Conditional Use'Permit for a !'template" dwelling on a }-acre property in a Forest Use (F-2) zone.

STAFF GONTACT:

t.

Kevin Harrison, Principal Planner

STANDARDS AND AP PLICABLE 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

II.

BASIC FI NDINGS:

A.

LOCATION: The subject property has an assigned address of 18855 Kuhlman Road,

B.

ZONING: The subject property is zoned F-2, Forest Use, and is within the Wildlife Area (WA) Combining Zone. lt is designated Forest by the Deschutes County Comprehensive Plan. A small area along the eastern boundary of the property is

Bend, and is identified on Deschutes County Assessor's Map 17-11-11 as tax lot 500.

within the Landscape Management (LM) Combining Zone, however, no development is proposed within that zone.

Qutttíty

Seruìces

Perþnned ruith Prìde


c

LOT OF REGORD: The subject propefiy is a legal lot of record as documented

in

LR-07-27. D

PROPOSAL: The applicant proposes to construct a single family dwelling in an Lshaped area that parallels Kuhlman Road and a pre-1992 access road located within the property. The proposed dwelling will use an on-site septic system and an on-site domestic well. Access to the building site will either be from Kuhlman Road or the internal access road.

E.

SITE DESCRIPTION: The subject property is approximately 40 acres in size and is square in shape. The property is relatively level and has been cleared and used, historically, for hay production. Apparently, the farm use of the propefty has been abandoned and the old hay field has been planted with ponderosa pine seedlings. The Tumalo Feed Canal runs along the western edge of the property and there is a pond located in the northwest corner of the property. An old road runs south from Kuhlman Road, parallel with the canal, and terminates at the southwest corner of the property. The western edge of the property has not been cleared and contains mixed juniper and ponderosa pine trees with sagebrush, bitterbrush and grasses in the understory. There are no structures on the prope単y.

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 EFU/TRB to the nodh, 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 south and west of the property.

G

SOIL: The subject property has three soil types based on the Natural Resource Conservation Service maps. These are'.72C, Laidlaw Sandy Loam, 0 to 15 percent slopes; 157C, Wanoga-Fremkle-Rock Outcrop complex, 0 to 15 percent slopes; and 159C, Wilt Sandy Loam, 0 to 15 percent slopes. However, the majority of the property, approximately 85 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 GOMMENTS: 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 County Transportation Planner:

I have reviewed the transmittal materials for CU-l3-14 for a template dwelling in the Forest (F-2) zone at 18855 Kuhlman Road aka 17-11-11, Tax Lot 500. Notraffic study cu-13-14

2


is required, but the appticant will need to pay a transportation system development charge (SDC).

The most recent edition of the tnstitute of Traffic Engineers (tTE) Trip Generation

Handbook indicates a single-famity residence (Land lJse 210) generates an average of 10 da1y weekday trips and one p.m. peak hour tríp. Deschutes County Code (DCC) at 1T.16.ilS(qØ)@) sfafes no traffic analysis is required for any use that will generate /ess fhan 50 new weekdaY triPs. .Board Resolution 2008-059 as amended sefs an SDC rate of $3,673 per peak htour trip. Given the:tTE rate provided above, the proposed land use will generate a single p.m' peak hour trip so the applicable SDC is $3,673. The applicant does need to'know the 'County is in the midst of updating lfs SDC rates and the Board is scheduled to hold a pubtic hearing on June 5, 20'13, on Resolution 2ü3-A20. Under that'resolution, the 'updated SDC rate for a single-famity home is proposed to drop to $3;044. The resolution also contains proposed language that for applicants that may starf the process under thie.rate set by Resolution 2008-059 and end the process under Resolutíon 2013020, the County will use the lower of the two SDC rates. Deschutes Countv' Road Department

. No comments'

j

'

Bend Fire Department:

An approvec! water suppty capabte of supptying the required flre flgw Íor fjre.p¡otection shali be provided to premises upon which facitities, buildings or pottions of buildings are hereaftelr constructed or moved into or within the jurisdiction. See fhe City of Bend Fire Marshallfor approval of firefighting water supply.

,

:

Approved numbers or addresses shatt be placed on all new and existing buildings in such a position as fo. ,be'plainly visibte and tegible from the sfreef or road fronting the proper1y. S;aid numbers shall contrast with their background'and be visible at night. Dwelliigs and Foster Homes that are located off of street frontage shall post a visible approved reflective address sign at the entrance to their driveway. (Srgns are availâb,le at local Fire Stations)

Fire apparafus access roads shatt be placed wíthin 1l?.feet of all exterior walls of the first floor of att buitdings. Fire apparafus access roads shalt have an unobstructed width of not less.than 20 feet designed with a uniform att-weather driving suiaee to support the imposed GVW of 75,000 tbs. and a vertical 'clearance of not less than 13 feet 6 inches.. Turning radius shall not be /ess than,45 feet and gradient shall not exceed 12 jurisdiction approve a variance. Dead-end access percent 'roads unless the authorities having rn excess of 150 feet in tength shatl be provided with approved provisions for the turning around of fire apparatus. A cut-de-sac, hammerhead or other means for the turning around of fire apparatus may be approved. Tumalo lrriq ation District: No comments submitted Deschutes Countv Assessor: No comments submitted. Deschutes Countv Buildinq Division: No comments submitted

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Deschutes Countv Property Address Coordiratqr: No comments.

Oreqon Depadment of Fish and Wildlife (ODFW): No comments submitted Oreoon Deoartment of Fo restrv I OD FI

Site dwelling and build dwelling following Oregon Forestland-Urban lnterface Fire Protection Act stand ards. t.

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 nstice.

J

REVIEW PERIOD: This application was submitted on May 17, 2013, and was accepted as complete on June 6,2013.

K.

The applicant submitted the affidavit for the land use action sign indicating it was posted on the property on May 23,2013.

L

LAND USE HISTORY: This is no permit history for this property other than the Lot of Record Verification LR-O7 -27 .

II1.

CONCLUSIONARY F¡NDINGS

A.

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

1.

Section 18.40.03(X). Conditional Uses Permiftecl:

x.

Single-family dwellíngs or manufactured homes as specified 18.116.070, pursuant to DCC 18.40.050.

in

DCC

FINDING: The proposed dwelling is a single-family dwelling, which is subject to the criteria under this chapter.

2.

Section 18.40.040, Limitations on Conditional Uses

A use authorized by Section

18.40.030 of this title must meet the following Ihese requírements are designed to make the use compatihle requirements. with forest operations and agriculture and to conserve values found on forest Iands. (A)

The proposed use will not force a significant change in, or significantly increase the cost of, accepted farming or forest practices on agriculture or forest lands.

FINDING: The subject property is a 40-acre property that is located within an area already developed with single-family dwellings, particularly to the nofth and west. 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 and north, across Kuhlman Road. There is a commercial horse operation to the northeast, across Tyler Road. The farm use on cu-13-14

4


the subject property and the property directly east 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 distance and vegetation is sufficient to bufferthe 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 finds this criterion is satisfied.

(B) The proposed use will not significantly . íncrease fíre hazard or significantly increase fire suppression cosfs or significantly increase risks to fire suppression personnel'

FINDING: The .proposed d¡velling will ,be located in area containing sparse vegetation

because it was historically cleared and uçed for hay pr:oduction. There are several other dwellings in the area and existing roads (o-.,,serve these other: properties. The applicant has proposed placing the dwelling on a portion of ttre property that has few trees. A driveway will be constructed from Kuhlman Rqad., Ihe,property is,within the Deschutes Rural Fire Protection Digtrlct #2. Staff fjnds that thg proposed dwelling will not significantly increase fire hazar:d.or firersuppression costs, and it.will,net significantly increase risks to fire suppression personnel. Based on the applicant's. abllity,te. meet the,fire siting ptandards discussed below, the proposal meets this criterion.

(c)

.::ì

in DCC 18.40.030, the land owner shall sign and,record in.the,County.,Clerk's Office a written statement recognizing the rights of adjacent and nearhy land owners to conduct forest operations'consisfent with the Forest Practi,ces Act e,nd Rules. Pri.or to final app¡oval of any use listed

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.

Section 18.40.050 . Standards for Sinqle-F amilv Dwellinos

A.

General Provisions. 1

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Dwellings tisted as a conditional use,under Section 18.40.æ0(n of this chvpter shall meet the following standards: a. One of the alternative fesfs set out in DCC 18.40.050(8) (lot of record dwetling), DCC 18.40.050(C) (large tract dwelling), or DCC 18.40.050(D) (template dwelling); b. tf the lot or parcel ls parT of a l'tract," the remaining undeveloped lots ,or parcels of the tract shall be consolidated into a single lot or. parcel, or the applicant shatt sign and record with the County Clerk covenants, conditions and restric(ions. (Qn a form substantially similar to that setforÍh ín DCC 15.36.140) prohibiting the siting of a dwelling on the undeveloped pottions of the tract. Such 5


c.

covenants, conditíons and restrictions are irrevocable, unless a statement of release ís signed by the County Planning Director, or his authorized representative' No other dwellings shall be located on the tract.

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 applicanVproperty owner does not own any adjacent property. Therefore, the proposal meets these criteria,

d.

The applicant shall provide evidence that an¡t domestic water supply ís from a source authorized in accordance with the Depar-tment of Water Resources Oregon Administrative Rules for the appropriation of ground waiter (OAR 690, Divísíon 10) or surtace water (OAR 690, Division 20) and not from a C/ass /l stream as defined ín the Foirest Practices Rule. For purposes of DCC 18.40.050, evidence of a domestic water supply means: Verification from a water purueyor that the use described í. in the applica'tion will be served by the purueyor under the ' purueyor under the purueyor's rights to appropríate water; or ¡i. A water use permit issued by the Water Resources

iii.'riif in permit is not required for the use water "!,:,::',"Å::t'i:l,ri:åî'å:!"::,*:i;:!:å:;l::,"{n*"

described the applicatíon. If the proposed water supply is from a well and is exempt from permítting requirements under ORS 537.545, the applicant shall submit the wêll construction report to the county upon completion'of the welluse

FINDING: The àpplicant indicates thät 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

raad access to the dwetling is by a road owned and maintaíned hy a private party or by the Oregon Depaftment of Forestry, the Bureau of Land Management or the U.S. Forest Seruice, then the applicant shall provide proof of long-¡¿¡* road access use permit or agreement. The road responsi bi lity

fo

r roail m aí nte n a n ce.

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 recoÈded in Volume 318, Page 360, of the County Clerk's Records. Because access is from a public road thls criterion is not applicable. 2

In addition, dwellings trsfed as a conditional use under DCC 15.40.æ0(n shall be subiect to the following standards or conditions:

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6


The conditional use standards set forth in DCC 18.40'040; The sitíng criteria setforfh ín DCC 18.40.060; The fire siting standards set fo¡-th in DCC 18.40.070; The fire safety design standards for roads set fo¡úh in DCC 18.40.080; The stocking requ.irements set forth in DCÇ 18.40.085, ¡f

a.

b. c. d. e,

f.

applicable; and Any .other provisions made applicable by Title 18 or the çompìrehensive plan.

FINDING: The standards of Section 18.40.040 have been addressed 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.

Dwettings in forest zones shall not be subiect 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), g q re menfg; þ m i l y dw e I I i n g s hal I m eet th e,fo I I ow i n re ¡t i

1.

'

The lot

i;'

a

single

or parcel is predomínantly composed of soi/s that are: 21 to

50 cubic reet per acre per vear

"'îtr::ii,b:í?i'"ins Àtt o, paft of at least seven other lots or parcels that i. 7, 1993, are .within',a .760 acre center of the subiecttrac.t; and on the squAre.centered At least three dwellings existed on January 1, 1993, and continue to exist on the other lots or parcels. existed on January

ii.

FINDING: The predominant soil type on the property 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 feet/acre/year and the Wanoga component is capable of prodúcing 50 cubic feeUacre/year of wood fiber. Therefore, staff finds that "b'l above applies.

All or part of at least I 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, tax lot 2718;17-11-104, tax lots 100,200,300,500; and 17-1.1-11, tax lots 300,302 and 1600.

The County Assessor's records show that on tax map 17-11-104, three properties have dwellings that predate 1993. On Assessor's map 17-11-11, two properties have dwellings which predate 1993 (not including a manufactured home that was constructed in 1981). These properties are identified as 17-11-10A, tax lots 100, 200 and 500; and17-11-11, tax lots

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300 and 1600. All of these dwellings have continued to exist since 1993. Therefore, the proposal meets these criteria. 4

Section 1 8.40.060. Sitinq

A

Dwellinos and Structures.

Att new dwellings and structures approved pursuant to DCC 18.40.030 or permitted under DCC 18.40.020 shall be síted in accordance with DCC 18.40.060 and DCC 18.40.070. Relevant physical and locational factors including, but not limited to, topography, prevaíling winds, access, surroundíng \and use and source of domestic water shall be used to identify a sife which: 1. Has the leasf impact on nearby or adiacent lands zoned for forest or agricultural use;

FINDING: The proposed homesite would be located along either Kuhlman Road or an ínternal access road located in the western portion of the property. Properties to the east, west and south are zoned for forest use; properties to the north are'zoned for agricultural use. There are no discernible forest operations in this area. A small-scale (hobby) farm is located to the north, consisting of livestockgrazing (horses). The homesite location is at least l00feetfrom the farm zoned property to the north. Based on the small-scale nature of the farm use in the area, the absence of forest use and the location of the home internaltothe property, staff finds the proposal meets this criterion. 2.

Ensures that forest opeiations and accepted farmíng practices will not be curtailed or impeded;

FINDING: Staff finds that the hobby farming (pasture with a few horses) in the area will not be curtailed or ímpeded by the'àpproval of the pröposed dwelling. There are no apparent forest operations in all four directions adjacent to the subject property, as evidenced by a staff site visit to the area. Staff finds that since no forest opeiations 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 criteiion.

3.

Minímízes the amount of forest lands used for the buitding síte, road access and service corridors; and

FINDING: The proposed buildable area is in the northern and western 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 commercial forest land on the subject propèrty, so the removal of vegetation necessary for the proposed dwelling and access will not take any forest land out of production.

¿.

Consisfent with the applícable provisions minimizes the risks assocíafed with wíldfire.

of DCC 18.40.070,

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.

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The appticant shall províde evidence that the domestic water supply, íf any, is from a source authorized in a;ccordance with the Depaftment of Water Resources Oregon Administrative Rules for the appropriation of 8


ground water (Oregon Admínistrative Rules 690, Division 10) or surtace water (Oregon Administrative Rules 690, Divísion 20) and not from a Class ll stream ãs defined in the Forest Practices Rule (Oregon Admínistrative Rules 629-2+101(3). If the water supply is unavailable from public sources or sources located entirely on the subiect property, then the apptícant shall provide evidence that legal easement lras been obtained permlttíng domestic water lines to cross the properties of affected owners. FINDING: The applicant has proposed domestic water ffom an on-site well. No sudace water will be utilized.

5.

Sectisn 18

.070. Fire sitino

rds for dwellinos

fife siting

standards shatl apply permanent structures (including permitted uses); The following

A.

structures.

to all new dwellings

and

Access 1

If a water supply, such as a swimming pool, pond, stream

o'r lake,

is avaitable.and suitable for fire protectíon or is required under this sectíon, then road access to within 15 feet of the 'water's edge shall provided for pumpinig units. The road access shall be constructed -and maintained,,to accommodate the maneuvering of fire fíghting equípment during the fire season. Permarienf sþns shall he pósfed atong lhe .access route to indicate ;tþe location of the em e rgen cy w ater so u rc e.

FINÞING: There is a pond located in the northwest corner of the property but this appears to be part of the infrastructure for Tumalo lrrigatioq, District and not an amenity of the subject property. The applicant states that the subject property has no available water supply, such as a swirnming pool, pond, stream or lake. Based on the testimony of the applicant, slaff finds this criterion is not applicable.

2.

Road access to the dwetting or structu.re . shall meet the road design standards described in DCC 18.40'080 of this title.

FINDING: Road access must meet the requirements of Section 18.40.080 and is addressed below.

B.

Firebreaks 1

2.

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Primary Firebreak. Prior

fo use, owners. of

dwellings 'and

structures shatl construct a primary firebreak, nof less than 10 feet wide, containíng,non-flammable materials. This may include lawn, walkways, dríveways, gravel borders or other similar materials. Secondary Fírebrea4. Owners of the dwellings and structures shall construct a.secondary firebreak of not less than 20 feet outside the need not be bare ground, but can primary 'inctude firebreak. This fírebreak a lawn, ornamentql .shrubbery or individual or groups of frees separated by a distance equal to the diameter of the crowns

I


3.

4.

adjacent to each other, or 15 feet, whíchever is greater. All trees shall be pruned to at least eight feet in height. Dead fuels shall be removed. Fuel Break. Owners of the dwellings and structures shall maintain a fuel break extending a minimum of 100 feet in all directions around the secondary firebreak. Indívídual and groups of frees within the fuel break shall be separated by a distance equal to the diameter of the crowns adjacent to each other, or 15 feet, whichever is greater. Small frees and brush growing underneath larger frees shall be removed to prevent spread of fire up into the crowns of the larger úrees. All trees shall be pruned to at |east eight feet in height. Dead fuels shall be removed. The fuel break shall be completed prior to the beginning of the comìng fire season. No porfion of a tree or any other vegetation shall extend to within 15 feet of the outlet of a stovepipe or chim'ney.

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 accommodations for'fishing shall obtain an address from the County address coordinator and shall display that number in a locatíon of the

property that is clearly visible from the road used as the basis for numbering. The numbers shall not be less than than three inches in height, siatt be paínted ín a contrastíng or visible color and shall comply with all other applícable standards for signs. l

FINDING: The property has an assigned of 18855 Kuhlman Road, Bend. An address sign must be placed on the property. This will be made a condition of approval.

E.

Structural Standards,

I 2.

AII dwellings and structures shall use noncombustíble or

fire resistant roofing miaferíals. This means roofing material identified as C/ass A, B or C in the Oregon Uniform Buílding Code. Roof sprinklers are not an acceptable alternative to thís standard. lf the dwelling has a chimney, it shall have a spark arrester.

FINDING: The applicaht'indicates that the building code standards vùill 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.

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Fire Protectíon. Single-family dwellings, caretaker residences and private accommodations forfishing shall be located upon a parcel for which fire protection seryices are available or where alternatíve protective tneasures are authorized hy DCC 18.40.070(F). 10


1.

For the purposes of this secfíon fire protection services are avaílabte if the parcel is tocated within the boundaries of a fire protection district or residentíal fire protection service ís provided by a contrac( as evidenced hy 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 propésal meets this criterion. .40.080. Fire

Desion Standards for Roads.

The foltowing standards:apply to all roads and driveways, except for private roads accesõing only commercial forest uses, which access uses permitted under DCC 18.40.020 or approved under DCC,18.40.030. A.

,

. :,:

, B. .

to support or If bridges lbs. (GVW) of 50,000 gross weight vehicle a minímum written driveway, road'or of a culverts are ínvolved ín 'the' construction verificàtion of compliance with the 50,000 lb. GVW standard shall be provided by a professional engineer registered'ín Oregon. RoaOs,r bridges and culve¡ús shall be designed and maintained

t'

"

t

,..

:

',

:

Açcess roads shall have,an'unobstructed horizontal'clearance of nof less .than,20 ,feet and an unobstructed vertical clearance of not less than 13.5 , feet, and provide an all'weather surtace. '' " ":.

'

..., ,C. ì ., ., ,

Turnarounds shall have a minimum of 50 feet.of turn radíus with an allweather surtace and,be maintained or,turning of fire fighting equipment.

pitches. Variations from ;fhese standards,';,may, be granted when :topographic' conditio ns.m ake fhese súandards .' i m practi cal and where th e Iocal fire.protection district. sfafes their fire.fíghting equípment can negotiate the proposed road grade'. FINDING: Kuhlman Road meets these standards. The applicant has stated in the burden of proof statement that the above standards will be met'for the proposed driveway. As 'a conditiôn of approval, the applicant shall obtain written approval of the driveway width,'grade and the turnaiound from the Bend Fire Department prior to issuance of an occupancy permit for the dwelling.

7.

Section 18 40 085 Stockino

ui rement.

AIt dwellings approved under DCC 18.40.050 shalt be subiect to the provisions DCC 18.40.085.

of

A

Stocking Requirement. 1. Dwetlings approved under DCC 18.40.050 shall ínclude a conditíon 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

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11


Depaftment of Forestry administrative rules (Oregon 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 stockíng suruey report to the county assessor and the assessor will verify that the minimum stockíng requirements have been met by the time required by Department of Forestry rules.

FINDING: The subject property is 40 acres in size, so this criterion is applicable. As a condition of approval, the applicant will be required to submit a stocking repod to the county assessor. B.

Reporúí ng Requi rements.

1. 2.

3.

The Planning Director or his desígnee shall notify the County Assessor of any stocking requirement condition at the tíme the dwelling is approved. The propeñy owner shall submit a stocking survey report to the Counf¡r Assessor and fhe Assessorshall verify that the minimum stockíng requirements have 'been met. hy the:time' required under Depariment of Forestry rules. The Assessor shall ínform the DêparTment of Forestry ín.cases v¡þs;rê the properiy.owner has not submítted a stocking'report.or..where the suruey report indicates that minimum stockíng requirements have not been met. Upon notification by the Assesso4 the Department of Forestry shall determine whether the tract meeús minimum stocking requirements of the . Forest,'Practices Act. That, decisíon shall he solely the decision of the Department of Forestry. lf the department .determines that the tract does not meet"those requiremënts, the deparÍment shall notify the owner and the assessor that the land ís not1bèing managed as forest land. Ihe Assessor shall then remove the forest laind designation puisuant fo ORS 321.359. The tax penalty impos:ed.by the,Assessor under DCC 18.40.085 shall be the only sanction for failure to meet stocking requirements.

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

L

Section 18.40.090(C), Buildinq Heisht.

c.

Building Height. No nonagrícultural buílding 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).

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12


I

Section 18.40.100, Yards and Setbacks.

A.

The front yard setback shatt be 40 feet from a property line fronting on a Iocal street, 60 feet from a properTy line fronting on a collector and 100 feet from a property line fronting on an arterial. '

B.

Each side yard setback shatl be a minimum of 25 feet, except a parcel or . tot with a side yard adjacent to zohed forest land shall have a minímum side yard of 100 feet.

C.

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

D.

The setback from the north tot line shall meet the solar title.

requirements ín Secfíon 18.116.180 of this

setback

ì

tn addition to'the sefbacks set fo¡th'herein, any greatersefbacks required by applicable buitding or structural codes adopted by the Sfafe of Oregon andlo¡ the County under.Chapter 15.04 of this title shall be met.

FINDING:. The property has frontage on.Kuhlman Road; a,rural local road. Properties to the east, west and souih are zoned forest land.ì As a condition of approvaI the applicant will berequired to have.a minimum front yard setback of 40 feet, 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.

Ghapter 18.88. Wildlife Area Gombining Zone

1.

Section 18.88.040. ljses Permitted Conditionallv

,

Except as provided in DCC 18.55.040(8), in a.zone with which the WA Zone

is combined, the condítionat uses permitted shall be those permitted

conditionally by the underlying zone subject to the provisîons of the Comprehensive PIan, DCC 18.128 and other applicable secfíons of this títle.

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 A.

dards

Sefþacks shall be those described'in the underlying zones with which theWA Zone is combined.

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

cu-13-14

The footprint, including'decks and porches, for new dwellings shall be located entirely within 300 feet of public roads, private roads or recorded easements for vehicular access existing as of August 5, 1992... 13


FINDING: The proposed use is a dwelling. The applicant has proposed a building envelope 300 feet wide that parallels Kuhlman Road and an internal access road that runs north to south parallel with the west property line. Staff finds that Kuhlman Road is a public road that existed prior to August 5, 1992. The record also contains aerial photographs from 1996 and 1985 showing the internal access road running south from Kuhlman Road and exiting the property at the southwest corner. Staff walked this road during a site visit on May 28,2013. The road is clearly visible at its north and south ends and is fairly overgrown with grass and brush in the central portion. 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 homesite is approved.

3.

Section 18.88.070. Fencinq Standards

A

B.

New fences ín the Wildlife Area Combíning Zone shall be designed to permit wildlife passage. The following standards and guidëlines:shall apply unless an alternatíve fence design whích provides equivalent wildlife passage is approved by the County after consultatian with the Oregon Department of Fish and.Wildlife: 1. The distance between the ground and the bottom strand or board of the fence shall be at least 15 inches. 2. The height of the fence shall not exceed 48 inches .ahove'ground level. 3. Smooth wire and wooden fences that allow passage of wildlife are preferred. Woven wire fences are discouraged. Exemptions: 1. Fences encompasslng /ess than 10,000 square feet which surround or are adjacent to resr'dences or structures are exempt from the above fencing standards. 2. Corrals üsed for working íivestock.

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

IV.

CONCLUSION:

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.

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14


VI.

CONDITIONS OF APPROVAL:

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

1

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. 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

5

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 conductforest.operations consÉtent with the Forest Practices Act and Rules prior to the issuance of a building permit for the dwelling. The dwelling shall be limited to an overall height of 30 feet, tlnless 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 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 Development

I

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

I

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. The numbers shall not be iess 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'

Department for any new access to Kuhlman Road prĂ­or to the issuance of the building permit for the dwelling.

requirements under DCC 18.88.070.

11

The minimum front yard 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.

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15


VยกI.

DURATION O F 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, or obtain an extension of time pursuant to Section 22.36.010 of the County Code, or this conditional use permit shall be void.

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

DESCHUTES GOUNTY PLANNING DIVISION

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Written by: Kevin Harrison, Principal Planner Dated this 7th day of June, 2013

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NOTIGE OF DECISION TherDeschutes County planning Division has approved 'the land use application described below:

FILE NI.JMBER:

cu-13-14

LOGATION:

The subject property has an assigned address of 18855 Kuhlman Road, Bend, and is identified on Deschutes County Assessor's Map No. 17-11-11 as tax lot 500.

OWNER:

Joyce E. Coats Revocable Trust

ATTORNEY:

Tia M. Lewis Schwabe, Williamson &,WYatt

'SUBJECT:

The Deschutes County Planning Division has approved a

STAFF CONTAGT:

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)

conditional use permit authorizing a house ("template dwelling") in the Forest Use (F-2) Zone.

7ône, 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 DCG.

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

I.

CONDITIONS OF APPROVAL:

1.

Approval is based upon the submitted plan. Any substantial changes to the plan shall require a new aPPlication.

Z.

The applicant shall use roofing materials identified as Class A, B, or C in the Oregon Uniform Building Code and shãll 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 breakå,'driveway and turnaround reviewed by the Deparlment for compliance with the

QuøIitr¡ Seraiccs Pet'fonncd zuith Pricle


standards in Sections 18.40.070(8) and 18.40.080. The applicant shall submit written verification from the Fire Deparlment 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 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 Development

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

B

Any fencĂ­ng 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. 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 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

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 opportunlty 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. Pending land use applications can be accessed online at wvtÂĄw.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 7th day of June, cu-13-14

2013

Mailed this 7th day of June, 2013 2


FARM AND FOREST MANAGEMENT EASEMENTS

As a standard condition of a conditional use permit approval for a nonfarm dwelling in the

Exclusive Farm Use zone, the attached Farm and Forest Management Easement form and an Exhibit '4," ยกf needed, must be signed by the property owner and recorded with the Deschutes County Clerk. Exhibit A, if present, is a legal description (a metes and bounds description) that must be recorded in conjunction with the Easement.

You will need to sign the document before a notary public and return the document to the Planning Division for the Planning Director to sign. You may then take it to the Clerk's office for recording, which may take a few days.

To record the document, take the signed and notarized Easement (and attached Exhibit A, if present) to the County Clerk's office at 1300 NW Wall Street, Bend, Oregon, 97701 and have ihe documents REGORDED. There is a recording fee of $31.00 for the first page and $5.00 for each additional page. After this is accomplished, you must furnish copies of the recorded documents to the Planning Division. The Planning Division must have copies of the recorded Easement before the County issues any building permits.

lf you have any questions regarding this matter, please feel free to contact the Planning Division at 388-6575.


Return To:

Kevin Harrison, PrinciPal Planner Community DeveloPment DePt. 117 NW Lafayette Ave., P.O. Box 6005 Bend, OR 97708-6005

FARM AND FOREST MANAGEMENT EASEMENT

E¡c W. Coats, Trustee, or his successors in trust, under the Joyce E. Coats Revocable the Trust, dated Octobàr'23,ZOOi, and any amendments thereto, herein called the Grantor, is County Deschutes on depicted or identified and A, owner of real prop"rty described ¡n rxñinit Tax Lot S00. ln accordance with the conditions set forth in the Assessor's rr¡ap iz-ri-tt "s decision of the Deschutes county Planning Division, dated May 13,2013,.approvìng..land, use tne owner(s) of all pro-perty adjacent to the above ñ¡riicU-13-14, Grantor hereby grants tõnon-exclusive farm and forest practices management äescribed property (Grantees), a'pðrpetual easement as follows:

1.

The Grantor, his heirs, successors, and assigns, hereby acknowledges by the granting of this easement that the ãbove-described property is situated in a designated farm zone in Deschutes County, Oregon, and may be subjected to conditions resulting from farming or forest pract¡óes oÁ'adjaãent'lands. Such opeiations include management and harvesting of timber, O¡sposat of slash, reforestation, application of chemicals, road construction and maintenance, by raising, harvesting and selling crops or by tf'" feeding, breeding, sale äf, or the froduce -of, livestock, poultry, fur-bearing animals or managemeni for dairying and the sale of dairy products or-any.other agricultural or honey-bees or"nO horticultural use or anirílaihusbandry or any combination thereof, and other accepted and Customary farm and forest managem'ent actiúities conducted in accordance with Federal and State Laws. Such farm or foresl management activities ordinarily and necessarily produce noise, dust, smoke, and other condition! that may conflict with Grantor's use of Granto/s 30.930 through 30'947 , Grantor ôiopetty fol resideniial purposes. Except as allowed by ORS non-negligent farm and forest normal, to objegt rights law common all i-,'etbny'*"ives !o may conflict with Grantor's that lands adjacent on condiucted legally management activities gives an easement to hereby purposes, Grantor and property-for residential use of Grantor's property caused by the Grantor's on impact resultant the for proþeriy owners the adjacent lands' adjacent on activities farm ahd forest management

Z.

Grantor shall comply with all restrictions and conditions for maintaining residences in farm and forest ion"s'that may be required by State, Federal, and local land use laws and iégutations. Grantor shall-compty witlr att iire safety regulations developed by the Oregon Dðpartment of Forestry for residential development within a forest zone.

This easement is appurtenant to all property adjacent to the above-described p,roperty, and shall bind the heirs, tuðó".rorc, and adsighs öf Grantor, and shall endure for the benefit of the ãá¡àcènt landowners, their heirs, succeisors, and assigns. The adjacent landowners, their heirs, ,r'".urror., ano asiignr rr" heieby expressly granted the right of third-party enforcement of this easement. GRANTOR

daY of

Dated this

-

-,2013

Eric W. Coats Trustee, Joyce E. Coats Revocable Trust


STATE OF OREGON

couNTY oF

ss.

_

2013, before me, a Notary Public in and for said County who and who and document, are known to me to be the identical individuals described in the above acknowledged to me that they executed the same freely and voluntarily day of On this and State, personallY aPPeared

Notary Public for My Commission Expires:

-,

File No. CU-13-14

Farm and Forest Management Easement

2


Exhibit A The Southwest Quarter of the Norlhwest Quarter (SW1/4 NW1/4) of Section Eleven (11), Township Seventeen (17) South, Range Eleven (1 1) East of the Willamette Meridian, Deschutes County, Oregon.

File No. CU-13-14

Farm and Forest Management Easement

J


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