HomeMy WebLinkAbout2022-02-01 L Fancher 21-616-PA, 21-617-ZC PresentationPlan
Amendment
and Zone
Change -
Swisher
Deschutes
County Files
No. 247-21-
000616-PA &
-000617-ZC
February 2,
2022
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Swisher Property Facts
80 acres
Between Bend Airport and
Bend UGB
Area developed with
homes on small lots
Property eligible to be
divided to create four
nonfarm parcels and
homes with EFU zoning
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Area Zoning
EFU-TRB, MUA-10, AD
(Airport Development),
Urban Area (Bend),
and DR (destination
resort overlay zoning)
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“As of 2010 any new Rural
Residential Exception Areas
need to be justified through
initiating a non-resource plan
amendment and zone change
by demonstrating the property
does not meet the definition of
agricultural or forest land or
taking exceptions to [the
Statewide Goals].”
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The Swisher property does not meet the
definition of either resource category:
Agricultural Land
(85% Class VII & VII soils); or
Forest Land
(no forest soils per NRCS; no
merchantable timber)
Statewide Goal 3 –Soils Test
Agricultural Land --*** in eastern Oregon is land
of predominantly Class I, II, III, IV, V and VI soils
as identified in the Soil Capability Classification
System of the United States Soil Conservation
Service, ***
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NRCS Soil Capability Classification System
The NRCS Soil Capability Classification System divides soils into
groups, Class I -VIII according to their suitability for growing crops.
Class VI soils have severe limitations that make them generally
unsuitable for cultivation
Class VII soil have severe limitations that make them unsuitable for
cultivation
Class VIII soils and areas have limitations that nearly preclude crop
production
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Soils Analysis of
Tax Lot 100
88% Class VII and VIII
12% Class VI
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Soils Analysis of
Tax Lot 600
82% Class VII and VIII
18% Class VI
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Goal 3 –Suitable for Farm Use Test
*** and other lands which are suitable for farm use
taking into consideration soil fertility, suitability for
grazing, climatic conditions, existing and future
availability of water for farm irrigation purposes,
existing land-use patterns, technological and energy
inputs required, or accepted farming practices.
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Soil Fertility
“a capacity to provide the necessary nutriments or
conditions for plant growth” Webster’s Third Int’l
Dictionary
“Class VII soils have very severe limitations that
make them unsuitable for cultivation” per NRCS
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Soil Fertility
Soils study shows very low productivity of range
land vegetation –440 pounds/acre for Tax Lot 600
and 494 pounds/acre for Tax Lot 100
No party has claimed the soils are fertile and
County decisions have found that Class VII soils are
not fertile
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Suitable for Grazing?
Not suitable for grazing that
constitutes “farm use”
“Farm use” is “the current
employment of land for the
primary purpose of obtaining a
profit in money” by engaging in
specified farm and forest
activities. ORS 215.203(2)(a)
Suitable for profitable grazing?
Projected Annual Grazing Income based on amount
of forage and OSU formula = $2,708.66 (2 lots)
Taxes for 2020 = $4,341.64
Additional Costs: labor, fencing, purchase of
livestock, veterinary care, water/pond for cattle,
transportation far exceed $2,708.66 per year
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Net Cash Income 2017 and 2017; US Census of Agriculture
Existing and Future Availability Irrigation Water
No water rights. No history of water rights.
New water rights are not available for use in the Deschutes Basin.
To obtain water rights, must buy water rights from other users –
typically from farms with more productive farm ground.
Irrigating Class VII and VIII nonagricultural land is not a beneficial
use of water. It is unlikely that owner would be able to irrigation
water from COID or an OWRD groundwater permit.
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Climate
Oregon State University Extension Service:
Bend = 11.36 inches rain/year (dry)
80-90 days growing season (short)
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Existing Land Use
Pattern?
Mix of rural residential
exception areas,
airport commercial/
industrial uses and
noncommercial farms
and nonfarm homes
on land zoned EFU
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Swisher
Adjoining Property
to the West and
South of Swisher
Tax Lot 100
Four single-family
homes on 40 acres to
the South in Butler
Subdivision –MUA-10
Small EFU lots with
homes (16.35 to 19.32
acres); one horse
property
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Adjoining
Property to
the East of
Tax Lot 100
Four single-family
homes on 40
acres
EFU Zoning
Properties Adjoining Swisher Tax Lot 600
●2 small juniper-covered lots with houses zoned EFU
(19.16 & 19.58 acres) to the west
●City of Bend Sewer Treatment Plant property to north and
east
●Swisher Tax Lot 100 to the south
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Bend Airport
●Located on approximately 420 acres, five miles northeast
of Bend, Oregon, the Bend Municipal Airport (KBDN)
caters to the needs of general aviators, hosts two flight
training schools, and is home to numerous businesses.
Their combined operations make Bend the third busiest
airport in the state in terms of takeoffs and landings.
●Employment Center for Bend
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From aircraft manufacturing and design to flight training and charter
operations, the following companies employ nearly 500 people and
contribute nearly $25 million in payroll annually:
Technological and energy inputs required
No technological or energy inputs would make the property
suitable for farm use.
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Accepted Farm Practices
It is not an accepted farm practice to irrigate Class VII
and VIII soils.
Board of Commissioners, Aceti Plan Amendment and
Zone Change
Accepted farm practices would not make this property
productive farm ground.
Goal 3 –Necessary to Permit Farm Practices?
“Lands in other classes which are necessary to permit farm
practices to be undertaken on adjacent or nearby lands,
shall be included as agricultural land in any event.”
The Swisher property is not relied on by any area property to
undertake farm use or practices.
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Goal 3 –More Detailed Soils Studies
“More detailed soil data to define agricultural land may be
utilized by local governments if such data permits
achievement of this goal.”
The Swishers provided more detailed soils data in the Red
Hill Soils study. The study was approved for use by the
County by DLCD on June 16, 2021.
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“(1) If a person concludes that more detailed soils
information than that contained in the Web Soil Survey
operated by the United States Natural Resources
Conservation Service would assist a county to make a
better determination of whether land qualifies as
agricultural land, the person must request that the
Department of Land Conservation and Development
arrange for an assessment of the capability of the land
by a professional soil classifier”
ORS 215.211 Agricultural land; detailed soils
assessment; fee.
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“OAR 660-033-0030 *** provides an
option for the use of soil assess-
ments that are more detailed than
NRCS mapping.”
Ten Oregon counties have rezoned
resource land (EFU and Forest) to
nonresource designations. “These
zone changes did not require an
exception from Statewide Planning
Goals 3 and 4.”
Goal 4 –Forest Land
●660-006-0010
Identifying Forest Land
(2) Where a plan amendment is proposed:
(a) Lands suitable for commercial forest uses shall be identified using a mapping of
average annual wood production capability by cubic foot per acre (cf/ac) as
reported by the USDA Natural Resources Conservation Service.
NRCS Mapping = 58C and 38B soil mapping units
NRCS Soil Survey Upper Deschutes River Area Table 8 Woodland Productivity
indicates that neither soil is suitable for growing wood crops (not listed)
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660-006-0010
Identifying Forest Land
(c) Counties shall identify forest lands that maintain soil, air, water
and fish and wildlife resources.
The NRCS Soil Survey of the Upper Deschutes River Area’s Table
8, Woodland Productivity,shows that the Swisher property is not
suitable for growing wood crops and, therefore, are not “forest
lands.”
This part of the rule does not apply.
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Nonresource Lands Decisions
Lower Bridge at Deschutes River
556.9 acres RR-10
Deschutes River/Maston (Pagel)
13.65 acres MUA-10
Hwy 97/Deschutes Junction (Aceti)
21.59 acres Rural Industrial
Tumalo Reservoir Road (Coats)
27.8 acres MUA-10
Hwy 20/Hamby Road (2 cases)
95.32 acres MUA-10
27th Street/Stevens Road (State of Oregon
–2 cases)
640 acres MUA-10
Transportation System Planning
Rule
No adverse impact
All requirements are met as
proven by analysis provided by
Joe Bessman, P.E. of Transight
Consulting
EFU zone uses permitted outright
generate more traffic than uses
permitted outright in MUA-10 zone
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Change Serves Public Health, Safety and Welfare
1.Water Service from Avion Water
2.Electricity from Central Electric Cooperative
3.Major roadways nearby. Road improvements will be provided
with development of the property.
4.Large lot size provides open space and protects land for future
urbanization.
5.MUA-10 zone is the same zone as adjoining land and the
zoning of land owned by neighbors who oppose change.
Opponents live on small lots (2.59 acres and 2.37 acres).
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