45-247-Ordinance No. 83-004 Recorded 1/14/19834
` VOL 45 ?ACE 24'
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.
JAI 14 1983
MARY SUE PENHLLLJW
DESC6-UTES COUNTY. CLERK
ORDINANCE NO. 83-004
WHEREAS, Dora Tornbom 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 July 13, 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 August 4, 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 701, Section 32, Township 16 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.
Section 2e To adopt as the Board of County Commissioners'
findings and conclusions, the findings and decisions of the
1 - ORDINANCE NO. 83-004
248
Hearings officer dated August 4, 1982, relating to Zone Change
Application Number Z-82-7, 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.
t~jj-- day of , 1983 0
DATED this the /
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALB R1?'* o YOUNG, Cha'i)kgan
ATTEST:
Y~d~ _
S SAN STONEMAN
Recording Secretary
BRLNSTOW PRANTE, Commissioner
LAURMCErAA. TJUTTLE, Commissioner
2 - ORDINANCE NO. 83-004
C
V 011 45' FAcr
.4o SITE DESCRIPTION:
The subject property is approximately 3309 acres in size and
.,has a rolling topography spotted with rock outcroppings, The
,property has a natural vegetative cover of sagebrush, juniper
:-"..and crested wheatgrass that has been planted on two, to three
acres. Access to the site is from the Redmond-Bend Highway
(Old Dalles-California Highway), The source of water is from
.an irrigation ditch. There are approximately nine (9) acres
of water rights adjudicated to the entire parcel, with
aproximately two of the acres lying in the proposed zone
'.change.
:,,CONCLUSIONSe
The applicant has addressed the criteria set forth in Section
.100040 of Deschutes County Zoning Ordinance, PL-15 as follows:
A. The rezoning is consistent with the Comprehensive Plan:
The Comprehensive Plan states:
'Agricultural Land Definition:
Agricultural lands are those lands which are indentifie.d as
possessing Soil Conservation Service Agriculture Capability.
I-VI soils, or where detailed soils information is not
available a It 1 1
gricu ura and shall be identified by showing
that it has been listed as on Farm Tax Deferral with the five
years preceeding the adoption of the plan (as indicated on the
.Existing Land Use Map, complied 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 subject property has been identified as being
approximately 75% 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. The Hearings
Officer finds that based upon this classification, the subject
parcel does not fall-under the definition of agricultural land
as defined above.
The Comprehensive Plan further recognizes that the EFU zone,
open space and scenic resources are to be considered along
with agriculutral productivity. Since the area in
consideration is already established, as hobby farming on
smaller acreages and generally used as pasture, and that many
services have been extended to this area, the request.is found
to be in conformance with the Comprehensive Plano.
r t 3" r r
Z-82-7 - DORA TORNBOM - PAGE 2 r.
VOL 45 FACE 251
HEARMS 0FRCER
sYFs6~
OESCHUTES COUNTY COURTHOUSE ANNEX BEND, OREGON 97701 ~,'3 4
TELEPHONE (503) 388-6626
p26
FINDINGS AND DECISION
FILE NO: Z-82-7 APPLICANT: Dora Tornbom
REQUEST: An application for a zone change from EFU-206
Exclusive Farm Use to MUA-10, Multiple Use
Agriculture, in accordance with Section 10.040
of PL-15, the Deschutes County Zoning
Ordinance,
PLANNING STAFF
REPRESENTATIVE: Lin Berhardt
PLANNING STAFF
RECOMMENDATION: Approval
PUBLIC HEARING: The public hearing was held in room 106,
Deschutes County Courthouse Annex, Bend,
Oregon on Tuesday, July 13, 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 Deschutes County Zoning
Ordinance PL-15o
FINDINGS:
to LOCATION:
The subject property is located easterly of the Redmond-Bend
Highway and east of Tumalo, and is further described as Tax
Lot 701, Township 16 south, Range 12 east, Section 320
2e ZONE:
The parcel is located within an EFU-20, Exclusive Farm Use
zone.
3. COMPREHENSIVE PLAN DESIGNATION:
The subject property is designated as Agriculture on the
Comprehensive Plan map.
EXHIBIT "B"
Z-82-7 - DORA.TORNBOM - PAGE 1 -.r°-
VOL 45 PAGE 252 :Y
Be That the rezoning to MUA will not interfere with any existing
neighboring agricultural use, regardless of the existing
zoning on such neighboring land:
The Hearings Officer finds that.there are no intensive
agricultural practices immediately adjacent to the subject
property, therefore the rezoning will not interfere with any
agricultural uses.
Co That the land that is the subject of the application
predominantly consists of soils in Soil Conservation Service
Capability Classification VI or VII, or is unclassified:
The Hearings Officer finds that the land is unclassified.
D. If subsection C is not satisfied, that the land that is the
subject of the application predominantely consists of soils in
Agricultural Soil Conservation Survey Classification VI or
VII, or is unclassified.
The Hearings Officer finds that the subject land is
.unclassified.
E. If subsection D is not satisfied and the County Assessor finds
that the land subject to the application predominantly
consists of soils in Grade VII or VIII, as determined by the
Oregon Department o Revenue Methods Manua , Section on Mass
Appraisal of Farm and Ranch Properties, or is not grades:
The Deschutes County Farm Appraiser has classified the subject
property in the requested zone change as predominantly Class
VIII.
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
Capability Classification SXstem:
Not applicable.
G. That the land does not have sufficient water rights or
existing water su221y to allow farm use, as defined in ORS
215°203(2) :
The Hearings Officer finds that the subject property has
approximately two acres of water rights adjudicated, which is
not sufficient to allow economic use of the land by farming.
The property has no other existing water to allow farm use,
therefore, the water is not sufficient.
Z-82-7 - DORA TORNBOM - PAGE 3
r
VOL 45 PAGE 253
DECISION:' 'APPROVAL
DATED- this dray of Au9ust0 1982.
This dec.i'slon becomes final.fifteen days after the date mailed
unless appealed to the lanning Commission by a party of interest.
Mye. vedo ch
HEARINGS OFFICER
MA:ch
cc: File
Planning Department
Planning Commission
Dora Tornbom
Z-82-7 - DORA TORNBOM - PAGE 4