1996-16802-Order No. 96-030 Recorded 5/9/1996f LVIEW D
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHOTES CdIna'rvLEC$ MMEL
An Ordinance Amending PL -20,
Deschutes County Comprehensive
Plan Map, Changing the Plan
Designation on Certain Property, * -
and Declaring an Emergency.
ORDINANCE NO. 96-030
WHEREAS, tax lots 601 and 602 in Section 17 of Township 18 South,
Range 13 East of the Willamette Meridian are two tax lots totalling 27
acres of real property designated as Rural Residential under the
County's Comprehensive Plan; and
WHEREAS, these tax lots described in Exhibit "A" and depicted in
Exhibit "B" attached hereto (hereafter referred to as subject 27 acres)
were inadvertently designated Rural Residential by the County in 1992,
when they should have been designated Agriculture, as more fully set
forth in Ordinance 83-046 adopted in 1983 by the County; and
WHEREAS, Vernon Bishop desires that the property be designated
Agriculture as formerly designated;
WHEREAS, after notice was given and a hearing conducted on May 8,
1996 in accordance with applicable law, the Board of County
Commissioners have considered the proposed Plan designation change;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS as follows:
Section 1. That PL -20, the Deschutes County Comprehensive Plan
Map, as amended, is further amended to change the plan designation for
the subject 27 acres, as more fully described in Exhibit "A" and
depicted in Exhibit "B" attached hereto and by this reference
incorporated herein, from Rural Residential to Agriculture.
Section 2. In support of its decision, the Board adopts the
findings and decision of the County, under Ordinance 83-046, attached
as Exhibit "C", which is incorporated herein by reference.
Section 3. REPEAL OF ORDINANCES AS AFFECTING EXISTING
LIABILITIES. The repeal, express or implied, of any ordinance,
ordinance provision, code section, or any map or any line on a map
incorporated therein by reference, by this amending ordinance shall not
release or extinguish any duty, condition, penalty, forfeiture, or
liability previously incurred under such ordinance, unless a provision
of the amending ordinance shall so expressly provide, and such
ordinance repealed shall be treated as still remaining in force for the
purpose of sustaining any proper action or prosecution for the
enforcement of such duty, condition, penalty, forfeiture, or liability,
and for the purpose of authorizing the prosecution, convi tion and
1 - ORDINANCE NO. 96-030
wCROF1lMED
J
UN 2 7 96'' 91996
punishment of the person or persons who p &*i.&tisaT. dated the
repealed ordinance.
Section 4. 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 1996.
BOARD OF COUNTY COMMISSIONERS
OF DIESCHUTES COUNTY, OREGON
ATTEST:
Recording Secret ry
2 - ORDINANCE NO. 96-030
40
, Chair
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BARRY H. SLAUGHTER, Commissioner
RO RT L. NIPPER, Co issioner
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EXHIBIT "A"
Commencing at the Center one-quarter of Section 17, Township
18 South, Range 13 East of the Willamette Meridian, Deschutes
County, Oregon, thence North 89 degrees 38' 48" East 526.70
feet; thence South 02 degrees 05' 30" East 466.70 feet;
thence South 89 degrees 38' 48" West 466.70 feet; thence
South 02 degrees 05' 30" East 839.77 feet; thence North 89
degrees 53' 58" East 878.34 feet; thence North 0 degrees 39,
34" East 1309.84 feet; thence South 89 degrees 38' 48" West
- 448.02 feet to the Point of Beginning. Excepting therefrom
that portion dedicated to the public for road and utility
purposes.
Together with the following described parcel:
Commencing at the Center one-quarter corner of Section 17,
Township 18 South, Range 13 East of the Willamette Meridian,
Deschutes County, Oregon, thence North 89 degrees 38' 48"
East 60.00 feet to the true point of beginning; thence North
89 degrees 38' 48" East 466.70 feet; thence South 02 degrees
05' 30" East 466.70 feet; thence South 89 degrees 38' 48"
West 466.70 feet; thence North 02 degrees 05' 30" West 466.70
feet to the point of beginning.
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EXHIBIT C
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 Rural
Residential (RR -10) Zone to
Exclusive Farm Use (EFU-20)
Zone, and Declaring an
Emergency.
ORDINANCE NO. 83-046
WHEREAS, Vernon and Janice Bishop proposed the rezoning of
certain property from Rural Residential (RR -10) Zone to Exclusive
Farm Use (EFU-20) Zone; 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 8, 1983; and
be
Use
WHEREAS, the Hearings Officer recommended that the property
rezoned from Rural Residential (RR -10) Zone to Exclusive Farm
(EFU-20) Zone by decision dated March 17, 1983; 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 Rural
Residential (RR -10) Zone to Exclusive Farm Use (EFU-20) Zone for
the parcel of real property described as:
Tax Lots 601 and 602, in Section 17, Township
18 South, Range 13, 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. 83-046
Al
am
Section 2. To adopt as the Board of County Commissioners'
findings and conclusions, the findings and decisions of the
Hearings Officer dated March 17, 1983, relating to Zone Change
Application Number Z-83-1, 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 the day of , 1983.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
j1w ej-4 J
SUSAN STONEMAN
Recording Secretary
2 - ORDINANCE NO. 83-046
BR
A. YOUNG,
E, Commissioner
." TUTrgLE, Commissioner
SECTION 17 T.18S. r�-13 E.W.M.
EXHIBIT "A" IS 13 17
DESCHUTES COUNTY ZcnL Cd1An c Z_ 33-1
Vernon Bishop
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EXHIBIT B" ffy..n, a-,.. ►+ ,� `a�-,�
HEARINGS OFFICER
DESCHUTES COUNTY COURTHOUSE ANNEX BEND, OREGON 97701
TELEPHONE (503) 388.6626
FILE NO:
APPLICANT:
REQUEST:
PLANNING STAFF
REPRESENTATIVE:
PLANNING STAFF
RECOMMENDATION:
PUBLIC HEARING:
BURDEN OF PROOF:
FINDINGS:
FINDINGS AND DECISION #AP
1983
MAftCCK _,D I;
�trrrry
Z-83-1
Vernon & Janice Bishop
An application for a zone change from
RR -10, Rural residential to EFU-20,
Exclusive Farm Use.
Craig Smith
Approval
The public hearing was held in room 106,
Deschutes County Courthouse Annex, Bend,
Oregon on Tuesday, March 8, 1983 at 7:00
P.M. An oral decision was rendered at
that time.
In order to receive approval of this
request the applicant must -meet the
criteria set forth in Section 10.020 of
PL -15, Deschutes County Zoning Ordinance.
LOCATION:
The subject property is located easterly of Gosney Road,
northerly of Rickard Road and is further described as Tax
Lots 601 and 602, Township 18 south, Range 13 east, Section
17.
ZONE:
The parcel is located within an RR -10,
Zone.
Z-83-1 - VERNON & JANICE BISHOP - PAGE 1
Rural Residential
COMPREHENSIVE PLAN DESIGNATION:
3,
The subject property is designated as Agriculture on the
Comprehensive Plan map.
4. SITEDESCRIPTION:
pDESCRIPTION:
The is approximately 27 acres in size and is
roperty
generally level with the residence located on s knoll
inthe
es
northwestern portion of the property.Approximately221 acres
are in alfalfa production and about 3 acres is in pasture
grass. The remaining three acres are occupied by the
residence, pond, outbuilding, and rock outcropping. The
ately 16 acres of Arnold Market
subject property has approxim
Irrigation water rights. The adjoining property to the
south and east are currently zoned RR -10, Rural
north, zoned
that lies to the west is
Residential and the property applicant has installed an
EFU-20, Exclusive Farm Use. The into farm
irrigation system and put the subject property
production.
CONCLUSIONS:
1, The Hearings Officer finds
hrPlanal is consistent
with and conforms to t Comprehensive
icultural
and on all
2, The Plan shows the subject amendment isrrequired. lThe existinE
maps, therefore, no plan 'IMarginal Farr
land use falls under agricultural lodertyeF
iscontigious witt
Land - Undeveloped". The subject pr
P
and nearly surrounded by EFU-20 zoning.
3. The agricultural section of the Deschutes County
Comprehensive Plan states:
"Marginal Farm Land-ononlyd: This nd will some extent.
Agricultural products y subsidizedand pasture and more
The lands are suitable for hay articularly if
particularly, the raising of livestock,. P sizes
access to public grazing land is available. Ownershiptax lot
cover a broad howeverthe
themost
mixtugreeoflsizesuresults in
size is 40 acreses,,
mean and median lot sizes of 20 acres or only
isligho y
larger. These areas are particularly
Areas character
increasing non-farm development. characteristic
this type of land are some parts of Arnold (east of Bendd))
,
Redmond, Sisters and Tumalo."
Z-83-1 - VERNON & JANICE BISHOP - PAGE 2
4.
5.
Do
Policy #13 of the Deschutes County Comprehensive Plan states:
"Coordination between public and private landowners to
encourage farm use shall be encoraged. And projects to
increase productivity and to bring new land into agricultural
production shall be fostered."
The Hearings Officer specifically finds that the applicant is
in conformance with the policies and Goals of the
Comprehensive Plan. The applicant has spent a substantial
amount of money to bring the subject property into
agricultural production. The application is in conformance
with the LCDC Goals to promote agricultural lands and to
restrict development in rural areas. The subject property
being adjacent to an EFU-20 zone is most suitable to be
continued as a farm use.
The Hearings Officer finds that the application is in
conformance with other statewide planning goals, to conserve
open space and promote visually attractive environments, to
maintain and improve the quality of the air, waterand land
resourses of the state, and to specifically promote
preserve agricultural lands. The applicant meets these
criteria and does in fact promote the state-wide planning
goals.
The Hearings Officer finds that the applicant has met the
burden of showing a public need for the subject property to
be re -zoned to EFU-20, in that the re -zoning will protect the
land for future farming uses. The income from agricultural
lands tends to diversify and thus stabilize thesed economyuse of
the county and state. In general,
the create a permanent open space in an area which has been
otherwise designated as RR -10, Rural Residential. -
7. The Hearings officer
efforttofarms that the puse1landsnteThet
is best served in development outside
public is further served by resThetricting applicant's subject property
the urban growth boundary.
is located outside the urban growth boundary.
Z-83-1 - VERNON & JANICE BISHOP - PAGE 3
DECISION: APPROVAL. Based upon the above listed findings,
Hearings Officer approves this application and recommends the
change be allowed. g ' t'
Michael T.Dugan
HEARINGS OFFICER
MA: ch
cc: file
Planning Department
Planning Commission
Road Department
Vernon and Janice Bishop
Z-83-1 - VERNON & JANICE BISHOP - PAGE 4