42-14-Ordinance No. 82-016 Recorded 4/22/1982BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordin-
ance No. PL-20, Deschutes
County Year 2000 Comprehen-
sive Plan, Removing Certain
Property from the Deer Winter
Range Designation in the Big
Game Sensitive Area; and
Declaring an Emergency.
FILE
PR 22 1982
* ROSEMA
* A~C11UTESRC~UN TERSO
N
CLERK
ORDINANCE NO. 82-016
WHEREAS, Ronald S. Radebaugh proposed the redesignation of
certain property removing the Deer Winter Range designation, Big
Game Sensitive Area, from certain property; and
WHEREAS, notice of hearing was given in accordance with law;
and
WHEREAS, the Hearings Officer held a hearing on the proposed
designation removal on March 9, 1982; and
WHEREAS, the Hearings Officer recommended that the Deer
Winter Range designation, Big Game Sensitive Area, be removed from
said property by decision dated March 22, 1982; 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-20, Deshcutes County Year
2000 Comprehensive Plan, be amended to remove the Deer Winter
Range designation, Big Game Sensitive Area, from the parcel of
real property described as:
Tax Lot 500, Section 1, Township 17 South,
Range 11 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. 82-016
kit
Section 2. To adopt as the Board of County Commissioners
Findings and Conclusions, the findings and decision of the
Hearings Officer dated March 22, 1982, relating to Plan Amendment
PA-81-7, 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- day of
ATTEST:
E I' BETH C. YO "G
Re rding Secr ary
1982.
BOARD OF COUNTY COMMISSIONERS
OF DFSPKUTES CQUbPJY,.~EGON
CLAY HEPXRD7, Chairman
ALBERT A. YOUNG" Co mis her
OBERT C. PAULS N, JR.,Co ione
2 - ORDINANCE NO. 82-016
17 11,
-PA-SI- ~
'Ronald Roao bo
VOL 42 FA(,F 16
i
01 2 PAPU 7
HEADINGS OFFICER
DESCHUTES COUNTY COURTHOUSE ANNEX BEND, OREGON 97701
TELEPHONE (503) 388.6626
o
UA
FINDINGS AND DECISION FILE NO:
PA-81-7
t\ 6 9
APPLICANT: Ronald S. Radabaugh
REQUEST: A Plan Amendment application to remove the
subject property from the Tumalo Winter Deer
Range. It is currently zoned EFU-20,
Exclusive Farm Use and WA, Wildlife Area
Combining Zone.
PLANNING STAFF
REPRESENTATIVE: Craig Smith
PLANNING STAFF
RECOMMENDATION: Approval
PUBLIC HEARING: The public hearing held in room 106, Deschutes
County Courthouse Annex, Bend, Oregon on
Tuesday, March 9, 1982 at 7:00 P.M. An oral
decision was rendered at that time.
BURDEN OF PROOF:
FTmnTNr.S
In order to receive approval of this request
the applicant must meet the criteria set forth
in Section 6.000 (a-d) of. Deschutes County
Procedural Ordinance.
I
1. LOCATION:
The subject property is located southwesterly of Tumalo
Reservoir, adjacent to Tumalo Rim Subdivision and is further
described as Tax Lot 500, Township 17, south, Range 11 east,
Section 1.
2. ZONE:
The subject property is located in an EFU-20, Exclusive Farm
Use and WA, Wildlife Area Combining zone.
3. COMPREHENSIVE PLAN DESIGNATION:
Agriculture.
4. SITE DESCRIPTION:
The subject property has a varied topography, with portions
used for agriculture and the remainder in sagebrush and
juniper trees. The property has a single family residence and
is is adjacent to Tumalo Rim Subdivision.
PA-81-7 - RONALD S. RADABAUGH - PAGE 1
f
W! L 42 me 18
CONCLUSIONS:
The applicant has addressed the criteria set forth in Section
6.000 as follows:
A. The Resource Element of the Comprehensive Plan on page 66
states:
"When new homes, agricultural crops and commercial
developments are placed in areas that have good populations of
big game animals, there will be land use conflicts. The
Resulting loss of habitat and increasing animal harrassment
will reduce the big game populations. Damage to gardens,
croplands and other commercial ventures such as golf courses
will cause conflict between land owners and big game that are
often difficult to resolve.
While corrective actions may resolve the present level of
conflicts between big game and other land uses, planning
efforts need to consider-the impact of development of game and
game habitat to prevent or mitigate potential problems.
Innovative development, such as planned development, can often
be designed to accomodate big game needs.
B. The goals of the fish and wildlife section of the
Comprehensive Plan state on page 164:
"1. To conserve and protect existing fish and wildlife areas.
2. To maintain all species at optimum levels to prevent
serious depletion of indigenous species.
3. To develop and manage the lands and waters of this
county in a manner that will enhance, where possible, the
production and enjoyment of wildlife.
4. To develop and maintain public access to lands and water
and the wildlife resources thereon.
The proposed plan amendment is in conformance with the
Comprehensive Plan. The evidence submitted by the applicant shows
there will be little impact upon the deer in the Winter Deer Range
as the above policies describe. This is substantiated by the
applicant's exhibits; namely exhibits #3 and # 5.
The subject property is adjacent to an existing subdivision, which
has created an impact upon the Winter Deer Range. The applicant
has agreed to restrict development to one portion of the property
in order to minimize any impact upon the Winter Deer Range.
The Fish and Wildlife Department have indicated in a letter dated
February 8, 1982, that the Tumalo Winter Deer Range Boundary has
been changed from the original recommendation and they are not
opposed to the removal of this property.
PA-81-7 - RONALD S. RADABAUGH - PAGE 2'
DECISION: APPROVAL
42 mt
Y"~L
This decision becomes final fifteen (15) days after the date
mailed, unless appealed to the Planning Commission by a party of
interest.
DATED thisc(Jday-'of. March, 1982.
r AvXd(6vech-
RINGS OFFICER
MA:ch
cc: File
Planning Commission
Planning Department
Ronald S. Radabaugh
PA-81-7 - RONALD S. RADABAUGH - PAGE 3