42-828-Ordinance No. 82-027 Recorded 6/24/1982von 0 42 F'~GE 828
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.
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ORDINANCE NO. 82-027
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
WHEREAS, notice of hearing was given in accordance with law;
and
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 Lots 600, 601, and 602, Section 12,
Township 18 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. 82-027
vet -42 ?AGE
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-82-4, 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 22 clay of 1982.
BOARD OF COUNTY COMMISSIONERS
OF DESCZJTES COUNTY OREQQN__
ATTEST:
SUSAN STONEMAN
Recording Secretary
CLAY` _PEPARD, Chaitman
ALBtAT A. YOUNG, C1 lissioyfif
ROBERT C. PAULSON, JR.,Comm loner
2 - ORDINANCE NO. 82-027
SECTION 12 T.18S. R.13E.W.M. aeadn,mc
EXHIBIT "A" DESCHUTES COUNTY
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EXHIBIT "B"
• von 42 FACE 831
HEARINGS OFFICER
DESCHUTES COUNTY COURTHOUSE ANNEX BEND, OREGON 97701
TELEPHONE (503) 388.6626
Ci7i
FINDINGS AND DECISION
FILE NO: Z-82-4
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.
FINDINGS:
1. LOCATION:
The subject property is located southerly of Dodds Road,
approximately one mile easterly of Highway 20, and is further
described as Tax Lots 600, 601 and 602, Township 18 south,
Range 13, Section 12.
2. ZONE:
The subject parcel is located in an EFU-40, Exclusive Farm Use
zone.
3. COMPREHENSIVE PLAN DESIGNATION:
The designation or the subject parcel is agriculture.
4. SITE DESCRIPTION:
The subject parcel was previously partitioned on April 22,
1981. This partition created two parcels, one parcel of 40
acres and the second parcel of 80 acres. The subject parcel
has access from Dodds Road, a county road. The property is
undeveloped, with a varied topography and is covered with
juniper trees and brush.
Z-82-4 - WILLIAM S. PREWITT - PAGE 1
Y
CONCLUSIONS:
VOL -A-42 FACE 832
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
production 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
susceptible to increasing non-farm development. Areas
characteristic 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 as the land located to the south
and west is owned by BLM, and is used for grazing. The adjoining
agricultural land to the north is separated by Dodds Road. The
land to east along the property line is not used in an intensive
agricultural use. This will create a buffer between the
properties and the uses.
This property only has approximately two acres of irrigation water
on the 160 acres.
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 to the Planning Commission by a party of interest.
DATED this day of April, 198 2 .
Myer AvedoaVech`
HEARINGS OFFICER
MA:ch
cc: File
Planning Commission
Planning Department
William S. Prewitt
Z-82-4 - WILLIAM S. PREWITT - PAGE 2