42-823-Ordinance No. 82-026 Recorded 6/24/1982- "ft
42 FnE 823
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) 19
Zone to ture (MUAu10) pZoneSeand ricul- * ~FCyVMgRY P 82
Declaring an Emergency. * FS-CpV4;r'r' N
ORDINANCE NO. 82-026
4.
WHEREAS, William S. Prewitt 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 April 13, 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 April 26, 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 1. That Ordinance No. 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 1400, Section 21, Township 17 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. 82-026
vii - 42 wE 82W4
Section 2. To adopt as the Board of County Commissioners'
findings and conclusions, the findings and decisions of the
Hearings Officer dated April 26, 1982, relating to Zone Change
Application Number Z-82-3, 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 th's ordinance takes effect on its passage.
la4
DATED this the, day of T, Gf , 1982.
BOARD OF COUNTY COMMISSIONERS
OF DE CH ES COUNTY, 0 'EGO
CLAY EPARD, C rman
ALBE A. YOUNG, §nmis ner
ROBERT C: PAULSON, JR.,Comm_s'ioner
ATTEST:
SUSAN STONEMAN
Recording Secretary
2 - ORDINANCE NO. 82-026
SECTION 21 T.17S. R.13 E.W M.
, DESCHUTES COUNTY
I°=400'
EXHIBIT "A" V01 'A-42 FACE 8233 21
Z-82-3
W►11~ww~ +~rewi~~'
17-13-A 1 Tax L4 IL400
T
NoA
HEARINGS OFFICER
DESCHUTES COUNTY COURTHOUSE ANNEX BEND, OREGON 97701
TELEPHONE (503) 388-6626
FINDINGS AND DECISION
EXHIBIT "B"
VOL -42 PACE 826
FILE NO: Z-82-3
APPLICANT: William S. Prewitt
REQUEST: An application for a zone change from EFU-40,
Exclusive Farm Use to MUA-10, Multiple Use
Agriculture.
PLANNING STAFF
REPRESENTATIVE: Craig Smith
PLANNING STAFF
RECOMMENDATION: Approval
PUBLIC HEARING: The public hearing was held in room 106,
Deschutes County Courthouse Annex, Bend,
Oregon on Tuesday, April 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 address the criteria set
forth in Section 10.040 of PL-15.
1. LOCATION:
The subject property is located southeasterly of the
intersection of Waugh Road and Nelson Road, and is further
described as Tax Lot 1400, Township 17 south, Range 13,
Section 21.
2. ZONE:
The subject parcel is located in an EFU-40, Exclusive Farm Use
zone.
3. COMPREHENSIVE PLAN DESIGNATION:
The designation for the subject parcel is agriculture.
4. SITE DESCRIPTION:
The subject parcel is approximately 40 acres in size with
access from Waugh Road, a county road. The property is unde-
veloped, has a varied topography with a juniper and brush
cover.
Z-82-3 - WILLIAM S. PREWITT - PAGE 1
V
c ~
.
CONCLUSIONS:
VOL '}42 FACE 827
The applicant has addressed the criteria set forth in Section
10.040 of PL-15 as follows:
"The Comprehensive Plan, page 142 and 143 define marginal farm
land undeveloped as land that will support agricultural pro-
duction only if subsidized to some extent. The lands are
normally suitable for hay and pasture, and more particularly
the raising of livestock, particularly if public grazing is
available. Ownership sizes cover a broad range, but the most
frequently occuring tax lot size is 40 acres. However, the
mixture of sizes results in a mean and medium lot size of 20
acres or slightly larger. These areas are particularly sus-
ceptible to increasing non-farm development. Areas charac-
teristic of this type of land are some parts of Arnold (east
of Bend) Redmond, Sisters, and Tumalo."
The rezoning of this property to MUA-10 will not have an adverse
impact upon the adjoining lands since there is minimal agricul-
tural use at the most in the surrounding area.
The property has been classified by the Conservation Service with
the vast majority of the classified property as Class VII soils.
The subject property has approximately six (6) acres of irrigation
water. Based upon the evidence submitted, it is doubtful that
Central Oregon Irrigation District will have transferred the water
since there is no means of delivery to the property.
The Hearings Officer finds that this application is in conformance
with the Comprehensive Plan and Section 10.040 of the Ordinance as
required.
DECISION, APPROVAL.
This decision becomes final fifteen days after the date mailed,
unless appealed tQ the Planning Commission by a party of interest.
DATED this day of April, 1982.
Myer Avedovedh -
HEARINGS OFFICER
MA:ch
cc: File
Planning Commission
Planning Department
William S. Prewitt
Z-82-3 - WILLIAM S. PREWITT - PAGE 2