42-833-Ordinance No. 82-028 Recorded 6/24/1982VOC 42 PACE 83 3
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordi-
nance PL-15, As Amended,
Deschutes County Zoning
Ordinance of 1979, Rezoning
Certain Property From Exclu- * O
sive Farm Use - 20 (EFU-4)
Zone to Multiple Use Agricul- * ROSE 196
ture (MUA-10) Zone, and * o~SCyUFSRyOpgT R
Declaring an Emergency. C TF
U'Vi) coN
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ORDINANCE NO. 82-028
WHEREAS, Helmut Froboese proposed the rezoning of certain
property from Exclusive Farm Use - 20 (EFU-4) Zone to Multiple Use
Agriculture (MUA-10) Zone; and
and
WHEREAS, notice of hearing was given in accordance with law;
WHEREAS, the Hearings Officer held a hearing on the proposed
zone change on November 10, 1981; and
WHEREAS, the Hearings officer recommended that the property
be rezoned from Exclusive Farm Use - 20 (EFU-4) to Multiple Use
Agriculture (MUA-10) Zone by decision dated November 25, 1981; and
WHEREAS, the decision of the Hearings Officer has not been
appealed to the Deschutes County Planning Commission; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. That Ordinance No. PL-15, Deschutes County Zoning
Ordinance of 1979, is amended to change the zoning from Exclusive
Farm Use - 20 (EFU-4) to Multiple Use Agriculture (MUA-10) Zone
for the parcel of real property described as:
Tax Lot 401, Section 35, Township 16 South,
Range 12 East of the Willamette Meridian,
Deschutes County, Oregon;
and depicted on the map marked Exhibit "A", attached hereto and by
this reference incorporated herein.
1 - ORDINANCE NO. 82-028
VOL ~ PAGE 8c14
Section 2. To adopt as the Board of County Commissioners'
findings and conclusions, the findings and decisions of the
Hearings Officer dated November 25, 1981, relating to Zone Change
Application Number Z-81-17, marked Exhibit "B", attached hereto
and by this reference incorporated herein.
Section 3. This ordinance being necessary for the immediate
preservation of public peace, health and safety, an emergency is
declared to exist, and this ordinance takes effect on its passage.
DATED this the 6- j
of .-1 4 cw - o , 1982.
BOARD OF COUNTY COMMISSIONERS
OF DESCH TES COUNTY REGON
CLAY C EPARD, Ctfai man
AL 4 A. YOUNG, mAis er
OBERT C: PAULSON, JR.,CommissfoWr i
ATTES
SUSAN STONEMA
Recording Secretary
2 - ORDINANCE NO. 82-028
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EXHIBIT "B" VOL 42
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HEARINGS OFFICER`
DESCHUTES COUNTY COURTHOUSE ANNEX BEND, OREGON 97701 NOV 1981 0
O TELEPHONE (503) 388-6626 16
oF~ a
FINDINGS AND DECISION ao_ s4~4
FILE NO: Z-81-17
APPLICANT: Helmut Froboese
REQUEST: An application for a zone change from EFU-20 to
MUA-10 in accordance with the provisions of
Section 10.040 of PL-15.
PLANNING STAFF
REPRESENTATIVE: George Read
PLANNING STAFF
RECOMMENDATION: Approval
PUBLIC HEARING: The public hearing was held in room 106, Deschutes
County Courthouse Annex, Bend, Oregon on Tuesday,
November 10, 1981 at 7:00 P.M. An oral decision was
rendered at that time.
BURDEN OF PROOF: In order to receive approval of this request the
applicant must meet the criteria set forth in
Section 10.040 of PL-15.
FINDINGS:
1. LOCATION:
The subject property is located south and east of the intersection of
Deschutes Market Road and Dale Road and is further described as Tax
Lot 401, Township 16 south, Range 12 east, Section 35.
2. ZONE:
The property is located in EFU-20, Exclusive Farm Use zoning.
3. COMPREHENSIVE PLAN DESIGNATION:
Agriculture.
4. SITE DESCRIPTION:
The subject property is essentially undeveloped with a number of
rock outcroppings. A pond and corral currently exists on the subject
property. The property border Deschutes Market Road to the west and
extend to the east, southeast one half mile.
Z--81-17 - HELMUT FROBOESE - PAGE 1
CONCLUSIONS:
VOL
42 PAGE ~97
t, The,,;applicant has addressed the criertia contained in Section 10.040
16.
oflPL-15 in that he.has established through written documentation and
oral.:Itestimony that hobby: farming activities will continue to take place
ori°'>the suibject property as is currently happening. The agricultural
' `tause'bf" the 'pr`operty will increase over the recent level.
~a~
Y!ti'-ft,-1*'b''ittle agricultural activity in the immediate area. Therefore,
the"llearings Officer finds that this proposal will not interfere with
the existing neighboring agricultural uses.
The applicant has established in written documentation that the soil
of the subject parcel is 1007 Class VII soils. In addition, the farm
appraiser for Deschutes County has classified this parcel as Class
VII soils.
It has been establisehd by written documentation that there are only
4.41 acres of water available to the entire ownership at this present
time. This is not sufficient to do more than what is proposed with
the subject property.
DECISION: APPROVAL
r
DATED this " J `'day of November, 1981.
This decision becomes final 15 days after the date mailed, unless appealed
to the Planning Commission by a party of interest.
Avedo c
HEARINGS OFFICER
MA:ch
cc:File
Planning Commission
Planning Department
Helmut Froboese
Robert Lovlien
Peter Drubel
Z81-17 - HELMUT FROBOESE - PAGE 2