45-238-Ordinance No. 83-005 Recorded 1/14/1983- f
. VOL 45 FACE 238
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 - 40 (EFU-3)
Zone to Multiple Use Agricul-
ture (MUA-10) Zone, and
Declaring an Emergency.
*
V L
JAI
141983
*
MARY SUE
PENHOLLOW
OESCf-.U'CCS
COUNTY CLEERK
ORDINANCE NO. 83-005
WHEREAS, Ernest G. Warrington proposed the rezoning of
certain property from Exclusive Farm Use - 40 (EFU-3) 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 Tuesday, July 13, 1982, and September 14, 1982; and
WHEREAS, the Hearings Officer recommended that the property
be rezoned from Exclusive Farm Use - 40 (EFU-3) to Multiple Use
Agriculture (MUA-10) Zone by decision dated September 24, 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 le That Ordinance Noe PL-15, Deschutes County Zoning
Ordinance of 1979, is amended to change the zoning from Exclusive
Farm Use - 40 (EFU-3) to Multiple Use Agriculture (MUA-10) Zone
for the parcel of real property described as:
Tax Lot 300, Section 9, Township 15 South,
Range 12, 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. 83-005
. VOL 45 ?AcE23.9
Section 2. To adopt as the Board of County Commissioners'
findings and conclusions, the findings and decisions of the
Hearings Officer dated September 24, 1982, relating to Zone Change
Application Number Z-82-9, marked Exhibit "B", attached hereto and
by this reference incorporated herein.
.Section 3e 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 , 19830
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
A. YAUNG,
S SAN STONEMAN
Recording Secretary
TE, Commissioner
LAURENCE-A. TUTTLE, Commissioner
2 - ORDINANCE NO. 83-005
EXHIBIT "A"
SECTION9 T15S. R.12EUM
DESCHUTES COUNTY
t-•ac,o'
See Mc0 13 12
VOC 45 ?AGE 240
15 12
.5 ~ 4 - lnisuL._r..r. ~..~_--crf-' - . r-'! a -'z-- H.-.- 4 1 3
8 7 Ii Ii 100 9 A
7
. t
~L
I
J1
1
N
M
0
0
f
N
• h
0
i '
17 i IG M f-`
See rva I5 12
- Z. ° - - IZ v~,l s 1 .~_t~•~ C~~C~1~.. I -I 'Z ~1~ 3cx 15 ` 12
FILE NO:
APPLICANT:
FINDINGS AND DECISION `0..
Z-82-9
Earnest G. Warrington
REQUEST: An application for a zone change from
EFU-40, Exclusive Farm Use to MUA-10,
Multiple Use Agriculture in accordance
with Section 100040 of PL-15, the
Deschutes County Zoning Ordinance.
PLANNING STAFF
REPRESENTATIVE: Lin Bernhardt
PLANNING STAFF
RECOMMENDATION: Denial
PUBLIC HEARING: The public hearing was held in room 106,
Deschutes County Courthouse Annex, Bend,
Oregon on Tuesday, July 13, 1982 and
continued until September 14, 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 100040 of
PL-15, the Deschutes County Zoning
Ordinance,
FINDINGS:
to LOCATION:
The subject property is located southwest of the intersection
of Highway 126 and 103rd Street, west of Redmond, and is
further described as Tax Lot 300, Township 15 south, Range 12
east, Section 90
2> ZONE:
Thparcel is located within an EFU-40, Exclusive Farm Use
zone.
EXHIBIT "B"
V0L 45 PAGE241M
l) 11EAUUMS 01MCER _
DESCHUTES COUNTY COURTHOUSE ANNEX BEND, OREGON 97701
TELEPHONE (503) 388-6626 0Fjs3~
tt,
Z-82-9 - EARNEST G. WARRINGTON - PAGE 1
V 0 L 45 PAGH 242
3. COMPREHENSIVE PLAN DESIGNATION:
The subject property is designated as Agricultural on the
Comprehensive Plan map.
4e SITE DESCRIPTION:
The subject property is 38012 acres in size. There are
currently no structures located on the property. Access to
the subject parcel is from 103rd Street. The northern area
of the subject property is gently sloping from the highway,
and rises to a steep slope on the south. There is a thick
vegetative cover of sagebrush, juniper and natural grasses.
The property has no exisiting water supply, nor any water
rights assigned to the property. According to Deschutes
County Farm Appraiser, Robert Greenstreet, the subject
property is 96 percent Class VII, dry waste land. The
remaining 4 percent is Class VI soils.
CONCLUSIONS:
The applicant has addressed the criteria set forth in Section
10°040 of PL-15 as follows:
A. "The rezonin is consistent with the Com rehensive Plan and"
The Comprehensive Plan states:
"Agricultural Lands Definition:
A ricultural lands are those lands which are indentified as
Soil Conservation Serv cu
ossessin ice A ri ure Ca acit
Class I-VI soils, or where detailed soils information is not
available, agricultural land shall be identified b showin
that it has been listed as on Farm Tax Deferral within the
five ears preceeding the adoption of the flan (as indicated
on the Existin Land Use Ma com i e' ed from Count Assessors
records and/or b the fact that the land is indicated on the
County Plannin _Department°s Irrigated Lands MaAe"
The Hearings Officer finds that the subject property has been
identified as 96 percent Class VII soils by the Assessor°s
office and is not on Farm Tax Deferral, therefore, it would
not come under the Agricultural Lands definition.
B. "That the rezoning to MUA will not interfere with any
existing neighboring agricultural use, re ardless of the
existing zoning on such neigh oryinq land.
The Hearings officer finds that the rezoning will not
interfere with any other agricultural practices immediately
adjacent to the subject property as there are no intensive
agricultural practices in the immediate area,
Z-82-9 - EARNEST G. WARRINGTON - PAGE .2
VOL 45 FACE 243
C. "That the land that is the subject of the application
predominantly consists of soils in Soil Conservation Service
Capacity Classification VI or VII, or in unclassified<"
It is not unclassified.
D. "If subsection C is not satisfied, that the land that is the
subject of the a lication redominatel consists of soils in
A ricultural Soil Conservation Survey Classification VI or
VII, or is unclassi red.'
It is not unclassified.
E. "If subsection D is not satisfied and the Count Assessor
finds that the land subject of the application predominant)
consists of soils in Grade VII or VIII, as determined b the
Ore on Department o Revenue Met o s Manual-, Section on Mass
Appraisal of Farm and Ranch Pro erties, or is not graded."
The Deschutes County Farm Appraiser has classified the
subject property as 96 percent Class VII soils.
F. "The land is not classified under any of C, D, or E, a
testin method approved b the Plannin Director and executed
by a certified soil scientist disclosed that the soils
consists predominantly of Class VII under the Soil
Conservation Service Capability Classification System."
Not Applicable.
G. "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 sufficient water rights nor an existing water supply to
allow farm use as defined in ORS 215°203 (2)0
Z-82-9 - EARNEST G. WARRINGTON - PAGE 3
von 45 PACE '44
DECISION: APPROVAL.
DATED thisay of September, 19820
This decision becomes final fifteen days after the date mailed
unless; appealed to the Planning Commission by a party of interest.
MA:ch
CC: File
Planning Department
Planning Commission
Earnest G. Warrington
Z-82-9 - EARNEST G. WARRINGTON - PAGE 4