Staff Report Planning Commission NUEZ, LEE T & MARISSA M N DAVIS RD LODI, CA HWY 101 BANDON, OR 97411

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1 Staff Report Planning Commission Coos County Planning 225 N. Adams St. Coquille, OR Phone: Fax: File Number: HBCU Account Number(s): Map Number(s): Property Owner(s): Situs Address Acreage Zoning Special Considerations S1512A NUEZ, LEE T & MARISSA M N DAVIS RD LODI, CA HWY 101 BANDON, OR Acres RURAL RESIDENTIAL-2 (RR-2) ARCHAEOLOGICAL SITES (ARC) BANDON AIRPORT CONICAL ZONE (ABC) BANDON AREA OF MUTUAL INTEREST (BMI) Reviewing Planner: Amy Dibble, Planner II Report Date: May 25, 2017 Hearing Date: June 1, 2017 The applicant has requested approval for a vacation rental in the Rural Residential-2 (RR-2) zone. II. BACKGROUND INFORMATION: September 19, 2005, zoning compliance letter (ZCL ) was issued to site an accessory structure (shop). This zoning compliance letter indicated that the property had an existing dwelling, accessory structure (shed), septic and well. July 19, 2006, zoning compliance letter (ZCL ) was issued to site a manufactured dwelling with stairs, decks, and porches and to reconnect to the existing septic system or replace/repair if needed. Stating only one dwelling was permitted. Driveway confirmation (191-06) was signed by the Road Department on July 19, August 31, 2007, zoning compliance letter (ZCL ) was issued to site an accessory structure (Carport/garage). Only one dwelling was permitted. File Number: HBCU

2 July 5, 2011, zoning compliance letter (ZCL ) was issued authorizing clearance to repair the septic. III. PROPERTY DESCRIPTION AND PROPOSAL LAWFULLY CREATED: Upon researching the county deed records staff was able to determine this property was created by deed ( ) which is consistent with Coos County Zoning and Development (CCZLDO) (8); therefore, this parcel was lawfully created. LOCATION: The subject property is located south of the City of Bandon with an address of Hwy 101. SITE DESCRIPTION AND SURROUNDING USES: a. SITE DESCRIPTION AND SURROUNDING USES: The development on the property consists of a manufactured dwelling and three (3) accessory structures, which consist of a shed, garage, and shop. The property has grass and a thin border of trees along the property boundaries to the north, east, and west. The properties directly to the north are zoned Rural Residential 2 (RR-2) and contain residential development, these properties and the subject property are separated by Dahl Lane. The property to the west is zoned RR-2 and is an undeveloped parcel that contains grass and a few trees along the southern property boundary. The property to the south is also zoned RR-2, this property is heavily treed, this property is an undeveloped parcel, as the dwelling that previously existed was removed sometime between Oregon Coast Highway 101 (Hwy 101) abuts the property to the east. Beyond Hwy 101 to the east is a property that is zoned Exclusive Farm Use (EFU), this property is covered in vegetation and is undeveloped. b. PROPOSAL: The applicant s request is to operate a vacation rental within the existing dwelling. IV. APPROVAL CRITERIA & FINDINGS OF FACT DEFINITION Rural Residential-2 (RR-2) The purpose of the RR-2 district is to provide for small acreage dwelling sites outside of Urban Growth Boundaries, where a moderate intensity of land development is appropriate, but where urban services and facilities may not be available or necessary. The RR-2 district provides for continued existence of rural family life and to provide a transition of densities between urban development and exclusive agricultural and forestry uses. COMPATIBILITY Means that the proposed use is capable of existing together with the surrounding uses without discord or disharmony. The test is where the proposed use is compatible with the existing surrounding uses, and not potential or future uses in the surround area. The surrounding area Page 2 of 5

3 consists of the notification area for the project as set out in (Rural Residential = 250 from the subject property). DWELLING Any building that contains one or more dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes. VACATION RENTALS Are defined as the renting out of a furnished apartment or house on a temporary basis to tourists or guests as an alternative to a hotel/motel. Vacation rentals do not include long term tenants. Vacation rentals also do not refer to a personal dwelling purchased specifically for a vacation dwelling. CCZLDO Vacation Rentals Section Hearings Body Conditional Development and Use: The following uses and their accessory uses are permitted in the RR zones as a hearings body conditional use permit procedure subject to applicable development standards: All hearings body development and uses with the exception of recreational PUD, may be permitted if the proposed use can be found compatible with surrounding uses or may be made compatible through the imposition of conditions. Additional applicable criteria will be listed out under the proposed uses. 10. Vacation rentals are subject to the following criteria: a. Must be licensed by the Coos County Health Department in accordance with ORS ; b. Approval shall vest exclusively with the owner of the land at the time of approval. The rental shall not be conveyed or otherwise transferred to a subsequent landowner without a new conditional use permit; and c. Must meet parking access, driveway and parking standards as identified in Chapter VII. d. If a vacation rental existed prior to April 1, 2015 and had been permitted by the Coos County Public Health Department 1, the use may continue provided a compliance determination has been submitted. If a license is not required pursuant to ORS then the property owner shall show existence of the vacation rental prior to April 1, 2015 under this section then a conditional use is required to address subsection 10. FINDING: As stated in the introductory paragraph, this use must be found to be compatible with surrounding uses or may be made compatible through the imposition of conditions. The definition of compatibility is that the proposed use is capable of existing together with the surrounding uses 1 Also known as Coos County Health and Wellness Page 3 of 5

4 without discord or disharmony. The test is where the proposed use is compatible with the existing surrounding uses, and not potential or future uses in the surround area. This tax lot is mainly surrounded by RR-2. The tax lots within the notification area are listed as follows: Primary Residence Vacant Other Map Number Property Owner Dwelling 29S14W LINDSAY FAMILY TRUST X 29S15W12A-101 Accessory structures BATSON, JOHN L. & JUANITA 29S15W12A-300 DAVIDSON, GENE L. & SUSAN A. X Unknown 29S15W12A-400 BUTLER, KENNETH & PHYLLIS X Unknown 29S15W12A-500 SAMPLE, JOHN E. & DEANNE M. X Unknown 29S15W12A-600 NUEZ, LEE T & MARISSA M X 29S15W12A-700 HARPENG, ROBERT R. X 29S15W12A-800 BRON & DEBRA HENRY TRUST; ETAL X 29S15W12A-900 FUHRIMAN, JACK Structure From the review above it is apparent that the properties within the 250 foot notification area mostly consist of residential development and vacant parcels. There are none (9) different ownerships within the notification area that include the subject property owners. There are a total of four (4) dwellings counting the applicants, two (2) parcels that consist of structures without a dwelling, and three (3) that are vacant (one of those within the Exclusive Farm Use zoning district). Within the notification area there appears to be more residential developed properties than vacant parcels. This property is accessed directly off of Highway 101 and in close proximity to industrial uses, the Bandon Airport, and an RV Park. In the applicant s justification they state that the home is a fair distance from the neighboring residences. This justification does not directly address compatibility. The applicant may want to provide some additional information regarding compatibility. As seen in aerial images the property has tree buffers on the north, east, and south property boundaries and the closest dwellings (located to the north) are further separated by Dahl Lane which will help maintain privacy and cause less disturbance for the neighboring properties. The property is accessed off of a well traveled state highway; therefore, there will be no additional traffic impact to neighboring property owners. Page 4 of 5

5 Although there were not any vacation rentals within the notification area there have been several vacation rentals approved less than a mile from the subject property. The applicant has provided a parking plan for review and the Road Department has stated that they meet the requirements. The applicants will need to obtain a license from the Health Department once the application has been approved. Notice was provided to property owners on May 12, 2017 and there have been no negative comments received. The surrounding property owners did not provide testimony. VI. RECOMMENDATION: Staff recommends that the Planning Commission could find that the property owner has met the criteria; however, the applicant should provide some type of evidence regarding the compatibility. Staff suggests the following conditions: 1. A license from the Coos County Health Department be obtained and maintained for the life of the vacation rental. 2. The property owner understands this permit does not transfer. 3. The property owner has two years to implement this conditional use before it expires unless an extension is requested and approved. COOS COUNTY PLANNING DEPARTMENT Amy Dibble, Planner II Coos County Staff Members Jill Rolfe, Planning Director Amy Dibble, Planner II Crystal Orr, Planning Specialist Troy May, Planning Assistant Sierra Brown, Planning Specialist Attachments: Application Page 5 of 5

NOTICE OF LAND USE DECISION BY THE COOS COUNTY PLANNING DIRECTOR

NOTICE OF LAND USE DECISION BY THE COOS COUNTY PLANNING DIRECTOR Date of this Decision October 18, 2016 Coos County Planning 225 N. Adams St. Coquille, OR 97423 http://www.co.coos.or.us/ Phone: 541-396-7770