HomeMy WebLinkAbout87-033BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
87-25555
An Ordinance Amending Ordi-
nance No. PL -15, Deschutes
County Zoning Ordinance of
1979, as Amended, Changing
the EFU-80 and EFU-40 Zone
Designation to EFU-80 and
EFU-20 on a 252 Acre Parcel
of Real Property Located in
Section 15, Township 14 South,*
Range 12 East of The Wil-
lamette Meridian, Deschutes
County, Oregon, and Declaring
an Emergency.
ORDINANCE NO. 87-033
WHEREAS, Fred and Judy Gunzner proposed a zone change from
EFU-80 and EFU-40 to EFU-20 on certain real property; and
WHEREAS, notice of hearing was given in accordance with law;
and
WHEREAS, the Hearings Officer held a hearing on the zone
change on August 18, 1987; and
WHEREAS, the Hearings Officer recommended that the zone
change requested for the subject property be approved, subject to
conditions, by decision dated September 21, 1987; and
WHEREAS, the decision of the Hearings Officer has not been
appealed to the Deschutes County Planning Commission; and
WHEREAS, following the decision of the Hearings Officer,
staff recommended that the record on the proposed zone change be
clarified and supplemented, and the applicants modified their
application and submitted new evidence; and
WHEREAS, the Board of County Commissioners held a public
hearing on the proposed zone change on December 2, 1987; 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, as amended, is amended to change the
zone designation on the subject property as follows:
KEYPUNCM _
1 - ORDINANCE NO. 87-033 DEC 141987
1. Parcel A, as described in Exhibit "A", attached
hereto and incorporated by this reference herein,
from EFU-80 and EFU-40 to EFU-80;
2. Parcel B, as described in Exhibit "B", attached
hereto and incorporated by this reference herein,
from EFU-80 and EFU-40 to EFU-20;
as depicted on the map marked Exhibit "C", 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 Hear-
ings Officer, dated September 21, 1987, relating to Zone Change
Application No. ZC-87-5, marked Exhibit "D", attached hereto and
by this reference incorporated herein, as modified and supple-
mented by the Supplemental Findings, marked Exhibit "E", attached
hereto and by this reference incorporated herein.
Section 3. This Ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Ordinance takes effect on its
passage.
DATED this day of K�"+� , 1987
BOARD OF COUNTY COMMISSIONERS
OF CHUTES COUNTY%�REGON
LOIS �RIWOW FFANTh,
ATTEST:
TOM THR fP, omm' Toner
Recording Secretary DI U N, Comm ssioner
2 - ORDINANCE NO. 87-033
EXHIBIT "A"
POVEY & ASSOCIATES -LAND SURVEYORS
REGISTERED PROFESSIONAL LAND SURVEYORS, OREGON NO. 1852 and 2039
PARTNERSHIP I.D. OW -0738184
P.O. BOX 131 •OFFICE 354 S.W. 7th • REDMOND, OREGON 97756 • (503) 5
Description
BORDEN BECK PARK BOUNDARY
portion of Sections 14, 15 & 16 T.14S.,R.12E.W.M.
FRED and JUDY GUNZNER
REGISTERED
PROFESSIONAL
11-9-IfR>
OREGON
JULY 14,1978
ROBERT A.POVEY
1652
Description of a parcel of land to be dedicated to the public forever
in care of Central Oregon Park and Recreation District for BORDEN
BECK PARK and Lower Bridge Way, situate in a portion of Sections 14,
15 and 16 T.14S.,R.12E.W.M., Deschutes County, Oregon, more particu-
larly described as follows:
Commencing at a 3 1/4" brass cap monumenting the Northeast corner of
Section 15 T.14S.,R.12E.W.M., the Initial Point; thence S01°07'57"W
along the East line of said Section 15 - 696.87 feet to a 3/4" pipe
and the true POINT OF BEGINNING; thence following BORDEN BECK PARK
boundary as follows, the angle points being monumented with 3/4" pipes:
S36023'42"W - 274.15 feet; thence S05°19'53"W - 351.78 feet; thence
S02006141"E - 415.85 feet; thence S21033144"W - 139.96 feet; thence
S46012'26"W - 118.19 feet; thence N80°14'15"W - 752.91 feet; thence
S82006'26"W - 702.78 feet; thence S W10'17"W - 393.72 feet; thence
S63053122"W - 144.26 feet; thence S84°5l'500W - 377.63 feet; thence
S45051'03"W - 286.44 feet; thence S39035148"W - 287.05 feet; thence
S48054'54"W - 234.48 feet; thence S60°01'28"W - 362.14 feet; thence
S62055'30"W - 306.36 feet; thence N82001114"W - 288.17 feet; thence
N51046'11"W - 499.06 feet; thence N26°33154"W - 273.70 feet; thence
N15029146"E - 208.38 feet; thence N700241060E - 200.30 feet; thence
N78003146"E - 324.84 feet; thence N39030126"E - 395.22 feet; thence
N11024115"W - 270.06 feet; thence N050021180E - 699.78 feet; thence
N33007'37"E - 157.92 feet; thence N00020104"W - 220.01 feet to 3/4"
pipe being 40.00 feet from the centerline of Lower Bridge Way, a
County Road; thence N37023121"W - 40.00 feet to the centerline of
said Way; thence along said centerline as follows: S52036139"W -
302.74 feet; thence 410.63 feet along the arc of a 405.00 foot
radius curve concave North forming a central angle of 58005130" and a
long chord bearing S81°39124"W - 393.26 feet; thence N69117151"W -
141.22 feet; thence 190.41 feet along the arc of a 200.00 foot radius
curve concave South forming a central angle of 54032150" and a long
chord bearing S83025144"W - 183.30 feet; thence S56009119"W - 624.48
feet; thence 232.68 feet along the arc of a 570.00 foot radius curve
concave Northwest forming a central angle of 23023119" and a long
chord bearing S67050159"W - 231.07 feet; thence S79032138"W - 68.16
feet; thence 302.09 feet along the arc of a 3000.00 foot radius
curve concave North forming a central angle of 05046110" and a long
chord bearing S82025143"W - 301.96 feet; thence S85018148"W - 176.99
feet; thence 408.73 feet along the arc of a 360.00 foot radius curve
concave Southeast forming a central angle of 65°03103" and a long
chord bearing S52047117"W - 387.12 feet; thence S20015'45"W - 168.06
feet to a PK nail in Lower Bridge on the thread of the strean of the
Deschutes River; thence along said thread as follows:
S79054'00"E - 187.70 feet; thence N87020100"E - 320,00 feet; thence
N570191001E - 315.00 feet; thence N700511000E - 381.00 feet; thence
N51045100"E - 420.00 feet; thence N8011121006E - 234.00 feet; thence
S630261008E - 324.00 feet; thence S450541000E - 230.00 feet; thence
1 of 2 PARK DESCRIPTION
t�
POVEY & ASSOCIATES -LAND SURVEYORS
REGISTERED PROFESSIONAL LAND SURVEYORS, OREGON NO. 1852 and 2039
PARTNERSHIP I.D. #93-0738/64
P.O. BOX 131 •OFFICE 354 S.W. 7th • REDMOND, OREGON 97756 • (503)
REGISTERED
PROFESSIONAL
AND SiJRVEYOR
C�-ee. /Z- 9 /987
OREGON
JULY 14, 1978
ROBERT R. POVEY
1652 Description
BORDEN DECK PARK BOUNDARY
portion of Sections 14, 15 & 16 T.14S.,R.12E.W.M.
FRED and JUDY GUNZNER
REGISTERED
PROFESSIONAL
/Z -y -/9a7
OREGON
JULY 14,167a
ROBERT R. POM
S64026100"E
- 116.00
feet;
thence
S07044100"W -
222.00
feet;
thence
S17042100"E
- 115.00
feet;
thence
S12°42'00"W -
159.100
feet;
thence
S34°29100"W
- 176.00
feet;
thence
S86°15'00"W -
306.00
feet;
thence
S57016'00"V
- 220.00
feet;
thence
S31°51'00"W -
132.0C
feet;
thence
514'37'00"W
- 154.00
feet;
thence
S0101810011E -
155.00
feet;
thence
S15051100"E
- 204.00
feet;
thence
S31048100"E -
169.CC
feet;
thence
S65015100"E
- 225.00
feet;
thence
S54°10100"E -
227.00
feet;
thence
S51029100"E
- 177.00
feet;
thence
S76006114"E -
153.39
feet;
thence
N79036155"E
- 186.12
feet;
thence
N74000156"E -
341.34
feet;
thence
N60040'22"E
- 552.97
feet;
thence
N50043107"E -
219.48
feet
to the
East
line of
the SW1/4 of
said Section
15 thus
ending
this boundary
along
said thread;
thence
N00014138"W
along said
East
line -
37.39
feet
to the
South line of
the NE1/4
of said Section;
thence
S89007'17"E
- 45.02
feet to
said
thread; thence
along
said
thread
as follows:
N17°52'18"E
-
241.59 feet; thence
N44°2O'44"E
- 205.45
feet;
thence
N87048143"E -
392.23
feet;
thence
N60010'25"E
- 140.57
feet;
thence
N41019147"E -
246.95
feet;
thence
N65`43'54"E
- 225.02
feet;
thence
N82058127"E -
255.81
feet;
thence
S8403112911E
- 178.48
feet;
thence
S8105510111E -
404.37
feet;
thence
S66029109"E
- 187.33
feet;
thence
S77059130"E -
213.75
feet;
thence
N62047'17"E
- 153.66
feet;
thence
N3302911011E -
279.40
feet;
thence
N21024'36"E
- 84.02
feet
to the
East line of said
NEI/4; thence
N21024'36"E
- 169.42
feet;
thence
N12051155"W -
242.74
feet
to said
East
line, thus
ending this
boundary
along said
thread;
thence
1,01°07'57"E
along said
East
line
- 697.30 feet
to the
POINT
OF
BEGINNING.
Same containing approximately 60.1 land acres, subject to all exist-
ing easements and rights of way over and across the above described
parcel of land.
2 of 2 PARK DESCRIPTION
EXHIBIT "B"
POVEY & ASSOCIATES—LAND SURVEYORS
REGISTERED PROFESSIONAL LAND SURVEYORS, OREGON NO. i 852 and 2039
PARTNERSHIP I.D. #W-0738184
P.O. BOX 131 •OFFICE 354 S.W. 7th • REDMOND, OREGON 97756 • (503) 548-6778
REGISTERED
PROFESSIONAL
D SURVEYOR
y
{�.rr /2
OREGOiV
JULY 14, 1978
ROBERT R. POVEY
i652
Description
EAGLE ROCK
portion of Sections 14, 15 & 16 T.14S.,R.12E.W.M.
FRED and JUDY GUNZNER
Description of a parcel of land situate in a portion of Section 15
T.14S.,R.12E.W.M., Deschutes County, Oregon, more particularly
described as follows:
All of Section 15 T.14S.,R.12E.W.M. lying South of the centerline of
Lower Bridge Way, a County Road, and lying North and East of the BORDEN
BECK PARK boundary as described on pages 2 and 3 attached.
This parcel containing approximately 187.1 land acres, subject to all
existing easements and rights-of-way over and across the above
described parcel of land.
1 of 3 EAGLE ROCK
POVEY & ASSOCIATES -LAND SURVEYORS
REGISTERED PROFESSIONAL LAND SURVEYORS, OREGON NO. 1852 and 2039
PARTNERSHIP LD. #93-0738184
P.O. BOX 131 •OFFICE 354 S.W. 7th • REDMOND, OREGON 97756 • (503) 54
Description
BORDEN BECK PARK BOUNDARY
portion of Sections 14, 15 & 16 T.14S.,R.12E.W.M.
FRED and JUDY GUNZNER
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY 14, 19M
ROBERT R. POVEY
Description of a parcel of land to be dedicated to the public forever
in care of Central Oregon Parks and Recreation District for BORDEN
BECK PARK and Lower Bridge Way, situate in a portion of Sections 14,
15 and 16 T.14S.,R.12E.W.M., Deschutes County, Oregon, more particu-
larly described as follows:
Commencing at a 3 1/4" brass cap monumenting the Northeast corner of
Section 15 T.14S.,R.12E.W.M., the Initial Point; thence S01007'57"W
along the East line of said Section 15 - 696.87 feet to a 3/4" pipe
and the true POINT OF BEGINNING; thence following BORDEN BECK PARK
boundary as follows, the angle points being monumented with 3/4" pipes:
S36023142"W - 274.15 feet; thence S0501915311W - 351.78 feet; thence
S02006141"E - 415.85 feet; thence S21033144"W - 139.96 feet; thence
S46012126"W - 118,19 feet; thence N W14'15"W - 752.91 feet; thence
S82006126"W - 702.78 feet; thence S48010117"W - 393.72 feet; thence
S63053122"W - 144.26 feet; thence S64°51'50"W - 377.63 feet; thence
S45051103"W - 286.44 feet; thence S39035148"W - 287.05 feet; thence
S48054154"W - 234.48 feet; thence S60001128"W - 362.14 feet; thence
S62055130"W - 306.36 feet; thence N8200111411W - 288.17 feet; thence
N51046'11"W - 499.06 feet; thence N2603315411W - 273.70 feet; thence
N15029146"E - 208.38 feet; thence N70024106"E - 200.30 feet; thence
N78003146"E - 324.84 feet; thence N39030126"E - 395.22 feet; thence
N11024115"W - 270.06 feet; thence N05002118"E - 699.78 feet; thence
N33007137"E - 157.92 feet; thence N00020104"W - 220.01 feet to 3/4"
pipe being 40.00 feet from the centerline of Lower Bridge Way, a
County Road; thence N37°23'21"W - 40.00 feet to the centerline of
said Way; thence along said centerline as follows: S52036139"W -
302.74 feet; thence 410.63 feet along the arc of a 405.00 foot
radius curve concave North forming a central angle of 58005130" and a
lona chord bearing S81039124"W - 393.26 feet; thence N69017'51"W -
141.22 feet; thence 190.41 feet along the arc of a 200.00 foot radius
curve concave South forming a central angle of 54°32150" and a long
chord bearing S83025144"W - 183.30 feet; thence S56°09119"W - 624.48
feet; thence 232.68 feet along the arc of a 570.00 foot radius curve
concave Northwest forming a central angle of 23123119" and a long
chord bearing S67050'59"W - 231.07 feet; thence S79°32'38"W - 68.16
feet; thence 302.09 feet along the arc of a 3000.00 foot radius
curve concave North forming a central angle of 05°46110" and a long
chord bearing S82025'43"W - 301.96 feet; thence S85018148"W - 176.99
feet; thence 408.73 feet along the arc of a 360.00 foot radius curve
concave Southeast forming a central angle of 65°03103" and a long
chord bearing S52147'17"W - 387,12 feet; thence S20015'45"W - 168.06
feet to a PK nail in Lower Bridge on the thread of the stream of the
Deschutes River; thence along said thread as follows:
S79054100"E - 187.70 feet; thence 1.76702010011E - 320.00 feet; thence
N57019100"E - 315.00 feet; thence N70051'00"E - 381.00 feet; thence
N510451000E - 420.00 feet; thence N80°121001E - 234.00 feet; thence
S630261000E - 324.00 feet; thence S45054'001E - 230.00 feet; thence
2 of 3 EAGLE ROCK
POVEY & ASSOCIATES -LAND SURVEYORS
\ REGISTERED PROFESSIONAL LAND SURVEYORS, OREGON NO. 1852 and 2038
PARTNERSHIP I.D. #W-0738184
P.O. BOX 131 •OFFICE 354 S.W. 7th • REDMOND, OREGON 97756 • (503) 548-6778
flR t315'TEREO
PROFESSIONaI
I�Ivsul�v�r o�
O R E NJULY'4 1978
ROBERT R. POVEY Description
1652 ) BORDEN BECK PARK BOUNDARY
portion of Sections 14, 15 & 16 T.14S.,R.12E.W.M.
FRED and JUDY GUNZNER
S64026100"E
- 116.00
feet;
thence
S07044100"W
- 222.00
feet;
thence
S17042100*E
- 115.00
feet;
thence
S12042100"W
- 159.00
feet;
thence
S34029100*W
- 176.00
feet;
thence
S86015100"W
- 306.00
feet;
thence
S57016'00"W
- 220.00
feet;
thence
S31051100"W
- 132.00
feet;
thence
S14'37100*W
- 154.00
feet;
thence
S01018100"E
- 155.00
feet;
thence
S15°511OO"E
- 204.00
feet;
thence
S31048100"E
- 169.00
feet;
thence
S65015100*E
- 225.00
feet;
thence
S54010100"E
- 227.00
feet;
thence
S51029100"E
- 177.00
feet;
thence
S76006114"E
- 153.39
feet;
thence
N79036'550E
- 186.12
feet;
thence
N74000156"E
- 341.34
feet;
thence
N60040'22"E
- 552.97
feet;
thence
NW43107"E
- 219.48
feet
to the
East
line of
the SWI/4 of
said Section
15 thus
ending this
boundary
along
said thread;
thence
N00014138"W
along said
East line
-
37.39
feet
to the
South line
of
the NE1/4 of
said Section;
thence
S89007'176E
- 45.02
feet to
said
thread;
thence
along said
thread
as follows:
N17°52'18"E
-
241.59
feet;
thence
N44020'44"E
- 205.45
feet;
thence
N87°48143"E
- 392.23
feet;
thence
N60010'25"E
- 140.57
feet;
thence
N41019147"E
- 246.95
feet;
thence
N65043'54"E
- 225.02
feet;
thence
N82°58'27"E
- 255.81
feet;
thence
SW311296E
- 178.48
feet;
thence
S81055101"E
- 404.37
feet;
thence
S66029109"E
- 187.33
feet;
thence
S77°59130"E
- 213.75
feet;
thence
N62047'17*E
- 153.66
feet;
thence
N3302911011E
- 279.40
feet;
thence
N21°24'36"E
- 84.02
feet
to the
East
line of
said NEI/4; thence
N21024136"E
- 169.42
feet;
thence
Y12051155"W
- 242.74
feet
to said
East
line, thus
ending
this
boundary
along
said
thread;
thence
1,,?01°07'57*E
along said
East
line
- 697.30
feet
to the POINT
OF
BEGINNING.
Same containing approximately 60.1 land acres, subject to all exist-
ing easements and rights of way over and across the above described
parcel of land.
3 of 3 EAGLE ROCK
ib
FILE NO.
APPLICANT:
REQUEST:
EXHIBIT "D"
FINDINGS AND DECISION
ZC-87-5
Fred and Judy Gunzner_
P. 0. Box 787
Redmond, OR 97756
An application for a zone chance from EFU-80
and EFU-40 to EPU-20 for 252 acres.
PLANNING STAFF
REPRESENTATIVE: George Read
PUBLIC HEARING: 7:00 p.m., Courthouse Annex, August 18, 1987
BURDEN OF PROOF: The applicant must establish that the
requested zone change conforms with the
requirements of PL -15, the Deschutes County
Zoning Ordinance, and in particular. Article 10
PL -15 which establishes a provision for
amendments to the zoning ordinance and with
the Deschutes County Comprehensive Plan which
establishes goals and policies relating to
land use in Deschutes County.
PRELIMINARY FINDINGS
1. LOCATION:
The subject property consists of approximately 252 acres of
land. The property boarders the Deschutes River on the
south and west and Lower Bridge Road on the north. Property
to the east consists of Bureau of Land Management property
and across the river to the south is Lower Bridge Estates
Subdivision which is zoned RR --10. Property to the north is
zoned EFU-80 and is currently a ranch owned by the
applicant. The property to the west is zoned SM, Surface
Mining, and is currently being mined for aggregate. Across
Lower. Bridge and farther to the west is property zoned
Surface Mining which is currently being mined for
diatomaceous earth and aggregate.
2. ZONE:
The present zoning on the property is EFU-80 and EFU-40.
-1- FINDINGS AND DECISION, File No. ZC-87-5
tj0 08
HEARING AND EXHIBITS
The hearing was held on the above -referenced application on
August 18, 1987. The only participant at the hearing was the
applicant. The following exhibits make up the record in this
matter:
A. Applicant's report and proposed findings of fact;
B. Applicant's supplemental report and proposed findings of
fact;
C. Staff Report;
D. Soil survey of Deschutes County area;
E. Letter from the Oregon Water Resources Department dated
August 5, 1987;
F. A letter from the Oregon Department of Fish and Wildlife
dated August 10, 1987;
G. A letter from Crawford Well Drilling dated August 18,
1987;
H. Response from the Redmond Fire Department; and
I. Response Memorandum from the Public Works Department
dated July 31, 1987.
FINDINGS OF FACT
1. The applicant prior to the hearing and at the hearing
submitted a number of proposed findings of fact regarding
this requested zone change. The Hearings Officer has
reviewed the record and the proposed findings and has agreed
with a number of the findings submitted by the applicant.
Those findings are set forth in EXHIBIT "A" attached hereto
and incorporated herein by reference.
2. Approximately 80 acres of the subject property is zoned EFU-
80 and the remainder of the property is zoned EFU-40. The
subject property is designated agricultural by the Deschutes
County Comprehensive Plan Year 2000.
3. The applicant is proposing a rezoning of the subject
property from EFU-80 and EFU-40 to EFU-20. The applicant
has submitted a concurrent application for a tentative plan
to allow a subdivision which would create 9 parcels
approximately 20 acres in size each, and create
approximately 71 acres of park land along the Deschutes
River. The park land is proposed to be given to the Central
Oregon Parks and Recreation District. Lots in the
subdivision would be served by the existing Lower Bridge
Road and the creation of a cul-de-sac which is approximately
1/3 mile in length. The applicant is proposing a variance
to the standards of the subdivision ordinance which requires
that cul-de-sacs not exceed 600 feet in length.
-2- FINDINGS AND DECISION, File No. `LC -87-5
4. The subject property is to be served by wel-Ls and individual
septic systems. Power is available to the site by Pacific
Power & Light Company which has a power line along Lower
Bridge Road.
5. Approximately 60 to 70 percent of this ].an(] is Class VT1
sail, Some of the remaining lands do qualify as sandy loam
Class III soils but are such a quality and quantity that
their usefulness as agricultural lands is extreinely
questionable. This is particularly true because of rock out
croppings which do not make any sizeable area productive for
agriculture.
6. If there were to be any type of substantive agricultural use
of this property irrigation would have to occur.. irrigation
will not occur given the present size of the parcel due to
economy of scale.
7. The historical use of this property has been limited to
grazing of livestock. The property has never been an
operational farm. The property is geographically separated
from other agricultural areas by the Lower Bridge Road and
the river.
8. The smaller lots of 20 acres will allow for more intensive
agricultural use of the property because the historical and
present use of the property together with the agricultural
resources of the soil will riot lend itself toward intensive
agricultural use of this property in its present size.
Irrigation can only be realized if 20 acre parcels were
allowed.
9. The Memorandum of the Public Works DepartMent for Deschutes
County indicates various requirements that were requested by
the Public Works Department. At the hearing, the Hearings
Officer was advised that the Public Works Department had re-
reviewed the application and the tentative plat and has no
objections to the access points and the Length of the cul-
de-sac proposed by the applicant.
10. Said land should be dedicated free and clear of any
encumbrance. The dedication of land for public use will
greatly enhance public access to the Deschutes River in the
north County area and provides an important benefit to the
public. The applicant has requested that any use of the
park along the river be restricted to daylight use.
-3- FINDINGS AND DECISION, File No. LC -87-5
BASED UPON the Findings set forth above, the Bearings Officer_
hereby APPROVES the zone change requested by the applicant
subject to the following conditions:
1. The applicant obtain an approval for a tentative and
final plat for 20 acre parcels as submitted with this
zone change application and a variance for the cul-de-
sac and satisfy all conditions of approval for those
land use permits.
2. That the applicant dedicate approximately 71 acres of
property located on the Deschutes River as designated in
the tentative plat submitted by the applicant. Said
land shall be dedicated to either the Central Oregon
Park and Recreation District or the State of Oregon
Department of Parks. Said land shall. be transferred to
one of these agencies free and clear of all
encumbrances. Said dedication and transfer shall be
effected prior to the the issuance of any building
permit for property subject to this zone change. The
applicant may require use of the park to be restricted
to daylight use.
THIS DECISION BECOMES FINAL 15 DAYS FROM THE DATE MAILED, UNLESS
APPEALED.
DATED and MAILED this 21st day of September, 1987.
CH
EDWARD P. FITCH
Hearings Officer
cc: BOCC
Deschutes County Planning Director
Deschutes County Planning Commission
Department of Fish and Wildlife
Oregon Water Resources Department
Crawford Well Drilling
Redmond Fire Department
Deschutes County Public Works Department
Central Oregon Parks and Recreation Department
-4- FINDINGS AND DECISION, File No. ZC-87-5
0089-0872
EXHIBIT "A"
FINDINGS OF FACT
1.
The applicant in this matter, Fred and Judy Gunzner, are
proposing development of approximately 252 acres located on Lower
Bridge Road east of Lower Bridge, Deschutes County. Oregon. The
property in question is bounded by Lower Bridge Road on the
north, by the Deschutes River on the south and west, and by the
Deschutes River and small Bureau of Land Management boundary on
the east. The property is also contiguous on the south to Lower
Bridge Estates subdivision, a project which is zoned Rural Resi.-
dential (RR -10) pursuant to Article 10 of the Deschutes County
Zoning Ordinance PL -15. The applicant's requests are to rezone
the subject property from Exclusive Farm Use Zone EFU-40 and
EFU-80 to Exclusive Farm Use Zone EFU-20. The applicant is then
requesting approval of a Type II subdivision pursuant to Section
2.0502 of Ordinance No. 81-043. The subdivision would permit
development of nine (9) lots and would not require extension of
any collectors or arterials. Finally, as part of the subdivision
request, the applicant is asking for a cul-de-sac variance which
provides access to some of the lots within the project.
2. .
The applicant initially requests rezoning of the property
from Exclusive Farm Use (40) and (80) and to Exclusive Farm Use
(20). The applicant asserts that the purpose of this request is
Page 1, Findings of Fact
08 691 -0817:3
to allow for economical. development of the property and permit
use of the property in conformance with the expressed intent of
the Deschutes County Zoning Ordinance and the Deschutes County
Comprehensive Plan. Due to the limitation in parcel size, Lack
of available water, and limitations due to soil type, production
and parcel size as appropriate, it is consistent with the intent
of the County ordinances of the Comprehensive Plan.
3.
Deschutes county Zoninq Ordinance No. PL -15, Section 10.040,
recognizes that certain lands zoned EFU may not have the
potential. for agricultural production. The ordinance is based on
the assumption that 320 acres of arazing 1 -and in contiquous
ownership, without any water, can provide a minimal economic use.
(a) The parcel in question is 2.52 acres in size. The
rim area involved, which is immediately south of Lower Bridge
Road, does not provide a minimal economic use. The BLM range
manager for this area has stated that with proper management,
fencing, seasonable rotation of livestock and water and food
supplements, that the area might support one animal per year per
215 acres. There are no units existing in the area, when all
these factors are considered, that can be considered agricultural
in nature. When the costs of fencing, hauling water and feed,
and range management are figured in, the parcel in cruesti.on does
not provide an economic use.
For the reasons indicated, the 2.52 acre provision does not
Page 2, Findings of Fact
apply to this zone change request. The ordinance contemplates
allowing a rezoning for parcels of insufficient size to provide a.
minimal economic use.
(b) The rezoning from EFU-40 and EFU-80 to EFU-20 is
not in conflict with the Comprehensive Plan map for the area in
question. Although the EFU-20 zone does not contemplate
intensive, economically profitable farming practices, it is still
an agricultural zone consistent with the Comprehensive Plan.
The Comprehensive Plan uses two primary factors in defining
agricultural lands. These factors are the presence of irrigation
water and Soil Conservation Service Capability Class I-IV
soils. Finally, the zoning ordinance implementing the Compre-
hensive Plan contemplated certain rezoning based on the factors
presented in this application.
(c) The rezoning to EFU-20 will not interefere with any
existing neighboring agricultural use. The parcel_ in question is
contiguous to or in the immediate vicinity of developments with
lots of five and ten acres in size and, in fact, is contiguous to
RR -10 zoned property. There are natural borders all around the
property in the form of the Deschutes River and Lower Bridqe
Road. The BLM land in the area also has no present use as there
are no active grazing permits in the area.
(d) The land is dry and has shallow soil with out-
croppings of rock, making it unsuitable for any economically
feasible agricultural use.
Page 3, Findings of Fact
0089-0870
The property consists primarily of scahland, rough stony
lands and rimrock. These soil. types are Soil Conservation
Service Class VII or worse. The property does not meet the
requirements of farm use specified in ORS 21.5.203.
4.
Deschutes County Zoning Ordinance No. PL -15, Section 10.025
provides for rezoning of properties based on various factors.
The following statements are submitted to address those factors:
(a) The requested zone change to EFU-20 conforms to the
County Comprehensive Plan for the area of the proposed change.
The plan provides for EFU or MUA zones in this area which cover
rural lands. The plan and ordinances also contemplate reduced
lot sizes in areas with minimal or no economic agricultural
value.
(b) The requested zone change is in conformance with
applicable LCDC goals and guidelines (see discussion below).
(c) There is no real public interest served by this
area remaining in a 40 or 80 acre/lot zone versus a 20 acre/lot zone.
The zone will provide for intermediate range lots in a rural
setting which can be useful to the public as a housing alter-
native. The new zone will. also permit lots which can be more
realtistically and economically purchased, thus permitting a more
intense and productive use of the land. This site is a useful
one to consider because its geographical isolation and topogra-
phical and soil conditions make any future conversion to
Page 4, Findings of Fact
productive agricultural use improbable and virtually impos-
sible. The fact that the property was ever zoned EFU-40 to begin
with was based solely on an overall county land size pattern
without regard for specific capabilities of this parcel or the
smaller lot sizes of developments in the immediate area.
(d) There has been both a change of circumstances since
the property was last zoned and a mistake in the zoning of the
property in question. There has been significant effort made to
adjust the uses along the Deschutes River which are materially
affected by this application. The applicant is proposing a park
as part of this project as well as dedication of certain river
frontage which is possible if this project is approved. Also,
there has been approval. of a major subdivision and establishment
of a RR -10 zone contiguous to the south since this property was
originally zoned. In addition, it appears that the original
EFU-40 and EFU-80 zone was a mistake as it did not take into
consideration the geographic separation of this particular.
parcel. The parcel in question is separated from the remaining
property in this area by Lower Bridge Road and the Deschutes
River. This creates an isolated _landlocked parcel consisting
primarily of scabland and rimrock which is riot appropriate for an
EFU-40 or EFU-80 designation.
(e) The Comprehensive Plan continually emphasizes the
need for preservation of agricultural lands. Secondary benefits
such as open space and scenic appearance are also discussed. The
Page 5, Findings of Fact
0089-0877
land in question presently has no viable agricultural use which
contributes to the local, economy. By permitting the proposed
land division, some agricultural production can he achieved duo
to a commitment of non-farm income (see Comprehensive Plan, page
139) In addition, the difference between twenty (20) and forty
(40) acre lots will have minimal effect on open space. The
development will permit some irrigation of the property, however,
contributing to the scenic value of the area.
The property in question is not presently "agricul-tural
land" as defined by the Comprehensive Plan (p. 1.40), nor does it
have any real economic value even as dry range land. The Compre-
hensive Plan does recognize this area as having predominant tax
lot sizes of twenty (20) to forty (40) acres (see Comprehensive
Plan p. 142). For this reason, the rezoning to EFU-20 is
consistent with the findings already contained within the Compre-
hensive Plan. This property could also be characterized, as it
becomes developed for hobby farms, as marginal farm land -
undeveloped, which has a predominant lot size of twenty (20)
acres.
The rezoning will permit a more intense agricultural use of
the property making it more in conformance with the Comprehensive
Plan. The Comprehensive Plan specifically encourages projects to
increase productivity and to bring new land into agricultural
production. This development, as subsidized mini -farm, units,
will meet this goal.
Page 6, Findings of Fact
0089-08"73
The Comprehensive Plan also dictates an on --going study of
marginal farm lands with reference to how and when these lands
should be converted to other uses and alternate methods for
compensating landowners for loss of development potential. This
proposed rezoning meets this requirement by providing a compro--
mise solution to the problem. The EFU designation is retained
with twenty (20) acre parcels while allowing the owner some
compensation in the form of a more economic potential for the
development of the property.
The Comprehensive Plan also anticipates tax difficulties
from the EFU zone. It is clear that developed twenty (20) acre
parcels will have a far greater assessed value than the dry
sagebrush and juniper. In fact, when this project is fully
developed on an EFU-20 basis, it could add twenty-five percent
(25%) to the assessed value of the code area.
Page 7, Findings of Fact
0
01090-08"19
Exhibit "E"
SUPPLEMENTAL FINDINGS
1. The Board of County Commissioners adopts as its findings the
Findings and Decision of the Hearings Officer, dated
September 21, 1987, as modified and supplemented by the
findings below.
2. In addition to the exhibits made a part of the record before
the Hearings Officer, and recited in the Hearings Officer's
Findings and Decision, the following exhibits are made a
part of the record:
a. The Planning Division Staff Report Supplement;
b. A letter, dated November 15, 1987, from Marvin Young,
Deschutes County Extension Agent, to David Jaqua;
C. A letter dated November 25, 1987, from Fred Gunzner to
Robert Greenstreet, Deschutes County Assessor's Office;
d. A letter dated November 30, 1987, from Robert
Greenstreet to David M. Jaqua;
e. A letter dated November 30, 1987, from Larry K.
Crawford of Crawford Well Drilling to David M. Jaqua;
f. A letter dated December 1, 1987, from David M. Jaqua to
the Deschutes County Board of County Commissioners;
g. A letter dated December 1, 1987, from David M. Jaqua to
George Read;
h. Twenty color photographs of the subject property;
i. A map of the subject property showing the location at
which the photographs were taken.
3. Subsequent to the issuance of the Hearings Officer's Find-
ings and Decision, the applicants modified their zone change
request. The applicants continue to request that the zone
designation for the 180 acres of the subject property to be
subdivided into 9 20 -acre parcels be changed from EFU-80 and
EFU-40 to EFU-20. However, the applicants have requested
that the zone designation of the 71 acres to be dedicated as
a park be entirely EFU-80, requiring a zone change from EFU-
40 on a portion of the 71 -acre parcel.
4. The applicants' applications for approval of a 9 -lot sub-
division, and for a variance from the subdivision standards
1 - SUPPLEMENTAL FINDINGS
t II -Ga.�r-IseJL
2) The EFU-20 zone was intended for marginal undevel-
oped farm land which may be farmed only through
intensive, subsidized farm practices. The pro-
posed zone change to EFU-20 will carry out the
purpose of that zone.
A. The 180 -acre parcel to be rezoned from EFU-80
and EFU-40 to EFU-20 is marginal undeveloped
farm land which may be farmed only through
subsidized intensive farming practices. The
predominant soil classification is Class
VII(e). Although approximately 20% to 300 of
the 180 -acre parcel contains Class III soils,
because of the configuration of the property
and the location of those soils, they ac-
tually have a classification no higher than
VI(e). It is apparent from the photographs
of the subject property, as well as from the
letters in the record from Robert Greenstreet
and Marvin Young, that the subject parcel
cannot be farmed economically as a 180 -acre
unit, due to the poor soil quality and other
characteristics of the property and the
prohibitive cost of large-scale irrigation.
The subject property has not been success-
fully farmed as a unit, or in conjunction
with another farm unit. The only way in
which the subject property may be produc-
tively farmed is by intensive, subsidized
farming methods and irrigation on smaller
individual parcels, such as 20 -acre parcels.
B. In,Deschutes County, between 66% and 80% of
all farm operations consist of subsidized,
intensively farmed units where livestock are
raised on a few acres of irrigated pasture.
Parcels of 20 acres in size are consistent
with the historical subsidized "hobby farm"
development recognized and encouraged in the
Deschutes County Comprehensive Plan.
C. Well water is available to irrigate small
parcels on the subject property.
D. No non-farm uses will be allowed on the
subject property once it is zoned EFU-20
unless they meet the conditional use criteria
in Section 4.040(4) of Ordinance No. PL -15.
Any application for a non-farm conditional
use on any of the 20 -acre parcels will be
evaluated on an individual basis.
3 - SUPPLEMENTAL FINDINGS
Commisioners' Journal
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