45-456-Ordinance No. 83-001 Recorded 1/7/1983V
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordin- *
ance No. PL-15, Deschutes
County Zoning Ordinance of
1979, as Amended, Rezoning
Certain property From Ex-
clusive Farm use - 40 * E
(EFU-3) Zone to Multiple Use JA1v
Agriculture (MUA-10) Zone, * ~Jg83
and Declaring an Emergency. * ;144R), sue p`:P ~
co ; 104,
ORDINANCE NO. 83-001 11 Y k
WHEREAS, Donald Morris 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 Board of County Commissioners held a hearing on
the proposed zone change on September 1, 1982; and
WHEREAS, Board of County Commissioners determined that the
property should be rezoned from Exclusive Farm Use - 40 (EFU-3)
Zone to Multiple Use Agriculture (MUA-10) Zone; and
WHEREAS, the decision of the Board of County Commissioners
has not been appealed to the Land Use Board of Appeals; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. To amend Ordinance No. PL-15, Deschutes County
Zoning Ordinance of 1979, as amended, to change the zoning from
Exclusive Farm Use - 40 (EFU-3) Zone to Multiple Use Agriculture
(MUA-10) Zone for the parcel of real property described as:
Tax Lots 6200 and 6500, Section 35, Township 17 South,
Range 14 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 2. To ratify the findings and decision of the Board
of County Commissioners as contained in the Findings and Decision
1 - ORDINANCE NO. 83-001
va 45 45"
relating to Zone Change Application Z-81-23, 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 b
day of , 1983.
:29
BOARD OF COUNTY COMMISSIONERS
OF DgSg,E TES COUNTY,. OREGON
ATTEST:
SUSAN STONEMAN
Recording Secretary
A.
BRI,$TOW P$ANTE, Commissioner
. TUTTI,E, Commissioner
2 - ORDINANCE NO. 83-001
~ ~o VOL 45 wq _ 9
r - BOARD OF COMMISSIONERS
4 BEND, OREGON 97701
(503) 388-6570
Albert A. Young Clay C. Shepard Robert C. Paulson
FILE NO.:
APPLICANT:
REQUEST:
BOARD OF COMMISSIONERS
RECOMMENDATION:
PUBLIC HEARING:
BURDEN OF PROOF:.
FINDINGS:
FINDINGS AND DECISION
Z-81-23
DONALD MORIS
An application for a zone change from EFU-40 to MUA-10
in accordance with the provisions of Section 10.040
of PL-15.
APPROVAL
The public hearing was held in the BOC Conference Room
Deschutes County Courthouse Annex, Bend, Oregon on
Wednesday, September 1, 1982 at 10:00 A.M. An oral
decision was rendered on September 1, 1982.
In order to receive approval of this request,,the ap-
plicant must meet the criteria set forth in Section 10.040
of Deschutes County Zoning Ordinance PL-15.
1. Dry Rangeland: This land has little water and is without irrigation. Suited
only for sparse livestock grazing, it lies in an area where the introduction
of irrigation water would be unlikely to produce agricultural crops.
2. The agricultural use within this subject parcel amounts to minimum grazing.
When there is any increase in population which is a possible result of rezoning
of this type, there will be some impact on the surrounding area. The impact
will not be sufficient to interfere with existing use.
3. Investigation by independent surveys reveals that over 75% of the soil on the
subject property is Class VI and VII.
4. Water is not available on the subject property.
CONCLUSION AND RECOMMENDATION:
The subject proposal does appear to be consistent with the Deschutes County
Comprehensive Plan regarding agricultural land and development. The zone change
will not interfere with existing use. The soils are predominantly Class VI and VII.
Water is unavailable.
EXHIBIT "B"
t VOL 45 PAGE 459
FINDINGS AND DECISION
PAGE 2
Based upon the findings contained in this report, it appears that the
requirements for the zone change are met. The Board of Commissioners approves
the zone change.
Clay hepard, Chaifman
a~l'z '5~~ A/,
Albert A. Young, Comm' sinner
Robert C. Paulson, Jr., Commissioner
BOC:jr:cs
cc/f ile
Planning Department
Donald Moris
EXHIBIT "B"
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