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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 This record is not scanned or microfilmed. See hard copy original in the Archive. Record Description: r Related Document Microfilm Information: - W6 i