45-232-Ordinance No. 83-006 Recorded 1/14/1983VOL 45 PACE 232
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordi-
nance PL-15, As Amended,
Deschutes County Zoning
Ordinance of 1979, Rezoning
Certain Property From Exclu-
sive Farm Use - 20 (EFU-4)
Zone to Multiple Use Agricul-
ture (MUA-10) Zone, and
Declaring an Emergency.
JAN 141983
* (MARY SUE PEt;,HOULOW
DESC.~ U7E5 ;0U.,. s_ i y CLERK'
ORDINANCE NO. 83-006
WHEREAS, Linda Johnson proposed the rezoning of certain
property from Exclusive Farm Use - 20 (EFU-4) Zone to Multiple Use
Agriculture (MUA-10) Zone; and
and
WHEREAS, notice of hearing was given in accordance with law;
WHEREAS, the Hearings Officer held a hearing on the proposed
zone change on June 22, 1982; and
WHEREAS, the Hearings Officer recommended that the property
be rezoned from Exclusive Farm Use - 20 (EFU-4) to Multiple Use
Agriculture (MUA-10) Zone by decision dated June 29, 1982; and
WHEREAS, the decision of the Hearings officer has not been
appealed to the Deschutes County Planning Commission; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section to That Ordinance No. PL-15, Deschutes County Zoning
Ordinance of 1979, is amended to change the zoning from Exclusive
Farm Use - 20 (EFU-4) to Multiple Use Agriculture (MUA-10) Zone
for the parcel of real property described as:
Tax Lot 500, Section 11, Township 15 South,
Range 10, East of the Willamette Meridian,
Deschutes County, Oregon;
and depicted on the map marked Exhibit "A", attached hereto and by
this reference incorporated herein.
Section 20 To adopt as the Board of County Commissioners'
findings and conclusions, the findings and decisions of the
1 - ORDINANCE NO. 83-006
L
VIOL 45 RC
Hearings Officer dated June 29, 1982, relating to Zone Change
Application Number Z-82-8, 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
ALB't1R / A e
ATTEST:
BRIST
SUSAN STONEMAN
Recording Secretary LA RE
, C
RANTE, Commissioner
TUTTLE, Commissioner
2 - ORDINANCE NO. 83-006
EXHIBIT "A"
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EXHIBIT "B"
DESCHUTES COUNTY COURTHOUSE ANNEX BEND, OREGON 97701
TELEPHONE (503) 388-6626
FINDINGS AND DECISION
FILE NO:
Z-IQ 2-8
APPLICANT: Linda Johnson
VOL 45 FACE 235-
a;
R? 0o
ate,'+\
y JW 1982
3 MML'LD
IN. DES~CHUTES
NY Y
V /
REQUEST: An applicaiton for a zone change from EFI)-20,'
Exclusive.Farm Use to MUA-10, Multiple Use
Agriculture in accordance with Section 10.040
of.PL-15, Deschutes County Zoning Ordinance.
PLANNING STUFF
REPRESENTATIVE: Lin Bernhardt
PLANNING STAFF
RECOMMENDATION: Approval
PUBLIC HEAPING: The public hearing was held in room 106,
Deschutes County Courthouse Annex, Bend,
Oregon on Tuesday, June 22, 1982 at 7:00 P.M.
An oral decision was rendered at that time,
BURDEN OF PROOF: In order to receive approval of this request
the applicant must meet the criteria set forth
in Section' 10.040 of PL.-15, Deschutes County
Zoning Ordinance.
FINDINGS:
1e LOCATION:
The subject property is located northerly of Highway 126,
approximately two miles (2) miles east of Sisters and is
further described as Tax Lot 501, Township 15 south, Range 1"
east, Section 11.
20 ZONE:
The parcel is located within an EFU-20, Exclusive Farm Use
zone,
3e SITE DESCRIPTION:
The subject property is approximately 21.7 acres in size, has
a rolling topography with a vegetative cover of sagebrush,
juniper and pine. There are no permanent structures located
on the subject property. The access to the property is from
Highway 126. There is no source of eater on the property and
there are no water rights assigned to the subject parcel.
Z-82-E - LINDA JOHNSON - PAGE 1
VOL 45 FACE 236
CONCLUSIONS:
The applicant has addressed the criteria set forth in Section
10.090 of PL-15, Deschutes County Zoning Ordinance as follows:
A. "The rezoning is consistent with the Comprehensive Plan and"
The Comprehensive Plan states:
"Agricultural Lands Definition
Agricultural lands are those lands which are inaenr_ified as
possessing Soil Conservation Service Agriculture Capability
Class I-IV soils, or where detailed soils information is not
available, agricultural land shall be ident-ified by showing
that it has been listed as on Farm Tax Deferral within the
five years preceeding the adoption of the plan (as indicated
on the Existina Land Use Map compiled from County Assessor's
records) and/or by the fact that the land is indicated on the
County Planning Department's Irrigated Lands Map."
The Clearings officer finds that the subject property has been
identified as grade VII by the Assessor's office and the
majority of is not on Farm Tax Deferral, therefore, the
subject parcel does not fall under the above definition.
B. "That the rezoning to AQUA. will not interfere with any existing
neighboring agricultural use, regardless of the existing
zoning on such neighboring land; and"
.,The Hearings officer finds that there are no other intensive
agricultural practices immediately adjacent to the subject
parcel, thus the proposed use will not interfere with other
agricultural uses.
Co "That the land this is the subject of the application
predominantly consists of soils in Soil Conservation Service
•Car,.ability Classification VI or-VIII, or is unclassified; or"
The Hearings Officer finds that the subbject parcel is
unclassified,
D. "If subsection C is not satisfied, that the land that is the
subject of the application predominately consists of soils in
AcLricultural Soil Conservation Survey Classification VI or
VII, or is unclassifiec?; or"~
The Clearings Officer finds that the subject parcel is
unclassified.
.,Z-82-3 7 LINDA JOHNSON - PACE 2
f
V 0~ 45 PACE 237
E. "If_ Subsection P is not satisfied and the County assesor fines
that the land subject to the application predominantly
consists of soils in Grade VII or 'VIII, as determined by the
% Oregon Department of Revenue Methods Manual, Section on Mass
Appraisal of Farm and Ranch properties, or is not graded; or "
The Hearings officer finds that the Deschutes County farm
Appraiser has classified the subject property in the requested
zone change as Class VII soils; very rough, rocky soil, which
is shallow in depth and unsuitable for farm use.
F. "The land is not classified under any of C, D, or E a testing_
method approved by the Planning director and executed by a
certified soil scientist disclosed that the soil consists
predominantly of Class. VII under the Soil Conservation Service
Cat ability Classification System"
The Hearings Officer finds that this criter-:a is not
applicable.
G. "That the land does not have sufficient water rights or
existing water supply to allow farm use, as defined in ORS
215.203(2)."
The Hearings Officer finds that the subject parcel does not
have any water rights of record, nor does the property have an
existing water supply.
DECISION: APPROVAL.
DATED this ~ 'day of June, 19820
This decision becomes final fifteen days after the date mailed
unless appealed to the Planning Commission by a party of interest.
i
fj e r t~. Yd oi~ue c h
.,.nEARINGS OFFICER
MA:ch