42-20-Ordinance No. 82-017 Recorded 4/22/19820
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-
sive Farm Use - 20 (EFU-4)
Zone to Multiple Use Agricul- *
ture (MUA) Zone, Removing the *
Wildlife Area Combining (WA)
Zone, and Declaring an
Emergency.
ORDINANCE NO. 82-017
APR 22J98Z
DES lZ ES PATTERS
'COUNT e ON
,C
WHEREAS, Ronald S. Radabaugh proposed the rezoning of certain
property from Exclusive Farm Use - 20 (EFU-4) Zone to Multiple Use
Agriculture (MUA) Zone, and removing the Wildlife Area Combining
(WA) Zone on said property; and
WHEREAS, notice of hearing was given in accordance with law;
and
WHEREAS, the Hearings Officer held a hearing on the proposed
zone change on March 9, 1982; and
WHEREAS, the Hearings officer recommended that the property
be rezoned from Exclusive Farm Use - 20 (EFU-4) to Multiple Use
Agriculture (MUA) Zone and remove the Wildlife Area Combining (WA)
Zone 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-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) Zone and
remove the Wildlife Area Combining Area (WA) Zone for the parcel
of real property described as:
Tax Lots 500 and 600, Section 1, Township 17
South, Range 11 East of the Willamette
Meridian, Deschutes County, Oregon;
1 - ORDINANCE NO. 82-017
viit a ~1 ' r 4
F''i4t .~.r
and depicted on the map marked Exhibit "A", attached hereto and by
this reference incorporated herein.
Section 2. To adopt as the Board of County Commissioners'
findings and conclusions, the findings and decisions of the
Hearings officer dated March 22, 1982, relating to Zone Change
Application Number Z-81-26, 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 his ordinance takes effect on its passage.
DATED this the day of we , 1982.
BOARD OF COUNTY COMMISSIONERS
OF DE C TES ;COUNT , OREGON
CLAY C PA D, Chairman
ALBERT A. YOUNG, Com s ner
ROBERT C. AULSON, JR.,Commissio
ATTEST:
EL ABETH C. UNG
Re ording Secretary
2 - ORDINANCE NO. 82-017
VOL 42 PAuE 22 17 11
z-g 1-a(o
Ronald IRCAOL tAg
r
FILE NO:
APPLICANT:
REQUEST:
VOL If
F~L~
HEARINGS OFFICER 23
DESCHUTES COUNTY COURTHOUSE ANNEX BEND, OREGON 97701
TELEPHONE (503) 388-6626 222324
FINDINGS AND DECISION
too
~HV°ES
Z-81-26 r O V~t'~
Ronald S. Radabaugh It~1s~Lg~Vru
A zone change application from EFU-20,
Exclusive Farm Use and WA, Wildlife Area
Combining zone to MUA-10, Multiple Use
Agriculture.
PLANNING STAFF
REPRESENTATIVE:
PLANNING STAFF
RECOMMENDATION;
PUBLIC HEARING:
BURDEN OF PROOF:
FTMnTMnq
Craig Smith
Approval
The public hearing was 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.
In order to receive approval of this zone
change request the applicant must meet the
criteria set forth in Section 10.040 of the
Deschutes County Zoning Ordinance PL-15.
1. LOCATION;
The subject property is located southwesterly of Tumalo
Reservoir Road, adjacent to Tumalo Rim Subdivision, and is
further described as Tax Lot 500 and 600, Township 17 south,
Range 11 east, Section 1.
y
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 varied topography, with portions used
for agriculture and the remainder in sagebrush and juniper
trees. The property has a single family residence located on
it and is adjacent to the Tumalo Rim Subdivision.
Z-81-26 - RONALD S. RADABAUGH - PAGE 1
V 0 L 2 PAU 24
CONCLUSIONS:
The applicant has addressed the criteria set forth in Section
147.04E of Deschutes County Zoning Ordinance PL-15 as follows:
1. The rezoning is consistent with the Comprehensive Plan.
The Comprehensive Plan (page 142-143) states:
"Marginal Farm Land - Undeveloped: This land will support
agricultural production only if subsidized to some extent.
The lands are suitable for hay and pasture and more partic-
ularly is access to public grazing land is available.
Ownership sizes cover a broad range but the most frequently
occurring tax lot size is 40 acres, however, the mixture of
sizes results in mean and medium lot sizes of 20 acres or only
slightly larger. These areas are particularly susceptible to
increasing non-farm development. Areas charac.tertistic of
,this type of land are some parts of Arnold (east of Bend),
Redmond, Sisters, and Tumalo."
The Hearings officer finds that this property fits the
description listed above. The applicant has submitted
evidence, contained in exhibit number five, that indicates
that approximately 75% of the soil'on the property is RS,
which is Class VII soils. The southern portion of the
property is severely sloped with a shallow soil depth of 4 -
10 inches, and is not viable by agricultural property. The
soil submitted with the application indicates the location of
the soils in question.
2. That the rezoning to MUA will not interfere with any existing
neighboring agricultural use, regardless of the existing
zoning on such neighboring land.
This rezoning will not have an adverse impact on the adjoining
lands. Tumalo Rim Subdivision is located adjacent to the east
and surrounding topography is such that the impact upon the
adjoining properties will be mimimal.
3. That the land is the subject of the application predominantly
consists of soils in Soil Conservation Service Capability
Classification VI or VII, or is not classified.
The applicant has established through submitted soil maps and
documentation that the property is predominanetly Class VII
soils.
4. If subsection C is not satisfied, that the land that is the
subject of the application predominantly consists of soils in
Agricultural Soil Conservation Survey Classification VI or
VII, or is not classified.
Not applicable.
Z-81-26 - RONALD S. RADABAUGH - PAGE 2
von 42 FAJ'F
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5. If subdsection D is not satisfied, and the the County Assessor
finds that the land subject to,the application predominantly
consists of soils in Grade VII or VIII, as determined by the
Oregon Department of Revenue Methods Manual, Section on Mass
Appraisal of Farm and Ranch Properties, or is not graded.
Not applicable.
6. That the land is not classified under any of C,D or E, a
testing method approved by the Planning Director and executed
by a certified soil scientist discloses that the soil consists
predominantly of Class VII under the Soil Conservation Service
Capability System.
Not applicable.
7. The land does not have sufficient water rights or existing
water-supply to allow farm use, as defined in.ORS 215.203(2).
The subject property have approximately eighteen (18) acres of
irrigation water. However, the Hearings Officer finds that
the soil type is such that the water will not increase the
productivity of the property. The applicant originally
obtained the water rights in the early 1900s. The applicant
simply has not relinquished these rights, even though the
productivity has not increased with the use of water. In
addition, much of the top soil has been lost to erosion. The
areas of Class VII soils, even though irrigated, do not
produce agricultural crops.
DECISION: APPROVAL
This decision becomes final fifteen days (15) days after the date
mailed, unless appealed to the Planning Commission by a party of
interest.
DATED this ' Pa day of March, 1982.
Mier Aveddvech -
HEARINGS OFFICER
(.I
MA:ch
cc: File
Planning Commission
Planning Department
Ronald S. Radabaugh
/(tea
Z-81-26 - RONALD S. RADABAUGH - PAGE 3
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