42-26-Ordinance No. 82-018 Recorded 4/22/1982BEFORE 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) Zone, and Declar-
ing an Emergency.
* L E
APR 22198
* ROSEMARY PATTERSON
4EESCHUTES COUNTY CLERK
ORDINANCE NO. 82-018
WHEREAS, Chase, Lyche, Wareing & Wareing proposed the
rezoning of certain property from Exclusive Farm Use - 20 (EFU-4)
Zone to Multiple Use Agriculture (MUA) 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 March 9, 1982; and
WHEREAS, the Hearings Officer recommended that the property
be rezoned from Exclusive Farm Use - 20 (EFU-4) to Multiple Use
Agriculture (MUA) Zone by decision dated March 29, 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 - 20 (EFU-4) to Multiple Use Agriculture (MUA) Zone for
the parcel of real property described as:
Tax Lots 200, 201, and 202, Section 24, Tax
Lot 2000, Section 13, and Tax Lot 700,
Section 14, 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. 82-018
V C L 2 `'A,;E s
Section 2. To adopt as the Board of County Commissioners'
findings and conclusions, the findings and decisions of the
Hearings Officer dated March 29, 1982, relating to Zone Change
Application Number Z-81-28, 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 his ordinance takes effect on its passage.
DATE) this the- day •
f r' 1982. ot BOARD OF COUNTY COMMISSIONERS
OF DESC*UTES CO,4NT4V, OREGON
ATTEST:
LI BETH C. Y NGP~
Re rding Secr tar
2 - ORDINANCE NO. 82-018
CLAY-15,:;;[SHEPARD, Chairman
ALBER A. YOUNG//CommisdiZoner
C K
ROBERT C. PAULSON, JR.,Comm Toner '
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HEARINGS OFFICER
DESCHUTES COUNTY COURTHOUSE ANNEX BEND, OREGON 97701 ~i 1982 .
TELEPHONE (503) 388-6626 a ;T
p~SCN~t1T~iES
COUNTY ~
FINDINGS AND DECISION
FILE NO: Z-81-28
APPLICANT: Chase, Lyche, Wareing & Wareing
REQUEST: An zone change application from EFU-20,
Exclusive Farm Use to MUA-10, Multiple
Use Agrigulture in accordance with
Section 11.040 of PL-15.
PLANNING STAFF
REPRESENTATIVE:
Lin Bernhardt
PLANNING STAFF
RECOMMENDATION:
Approval
PUBLIC HEARING:
The public hearing was held in room 106,
Deschutes County Courthouse Annex, Bend,
Oregon on Tuesday, March 9, 1982 and
continued for decision only until March
23, 1982, at which time an oral
decision was rendered.
BURDEN OF PROOF:
In order to receive approval of this
request the applicant must satisfy the
criteria set forth in Section 10.049 of
PL-15, Deschutes County Zoning Ordinance,
and other applicable county ordinances.
Si TMnTK7nQ-
1. LOCATION:
The subject property is located easterly off the Cline Falls
Highway, approximately 1/2 mile southerly of Highway 126 and
is described as: Township 15, South, Range 12 East of the
Willamette Meridian and is further described as: Section 24,
Tax Lots 200, 201, and 202; Section 13, Tax Lot 2000; and
Section 14, Tax Lot 700.
2. ZONE:
The subject property is located in an EFU-20, Exclusive Farm
Use zone.
Z-81-28 - CANYON HILLS - PAGE 1 K /(O"a
V0L 4 2 PAU 32
3. COMPREHENSIVE PLAN DESIGNATION:
The subject property is designated as agriculture on the
Comprehensive Plan map.
4. SITE DESCRIPTION:
The subject property is approximately 132 acres in size and
the topography is generally level bordered by rimrock and the
Deschutes River on the east, with a vegatative cover of sage
brush and juniper trees. There are no structures currently
located on the property, and there is no main access to the
parcel.
CONCLUSIONS:
The applicant has addressed the criteria set forth in Section
10.040 of PL-15 as follows:
A. "The rezoning is consistent with the Comprehensive Plan and"
The Comprehensive Plan states:
"Agricultural Lands Definition:
Agricultural lands are those lands which are identified as
possessing Soil Conservation Service Capability Class I-VI
soils, or where detailed soils information is not available,
agricultural land shall.be identified by showing that it has
been listed as on Farm Tax Deferral within the five years
preceeding the adoption of the plan(as indicated on the
Existing Land Use Map compiled 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 grade VII by the
Assessor's office and the majority of the parcel is not on
farm 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, regardless of the existing
zoning on such neighboring land; and "
The proposed rezoning will not interfere with any agricultural
use in the area, since there are no intensive agricultural
practices immediately adjacent to the subject property.
C. "That the land that is the subject of the application pre-
dominantly consists of soils in Soil Conservation Service
Capability Classification VI or VII, or is unclassified; or"
The Hearings Officer finds that the subject property's soil is
unclassified.
Z-81-28 - CANYON HILLS - PAGE 2 j, ~1~
C
A 4 2 ml 11
D. "If subsection C is not satisfied, that the land that is the
subject of the application predominately consists of soils in
agicultural Soil Conservation Survey Classification VI or VII,
or is unclassified; or"
The Hearings Officer finds that the subject property's soil 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 of Revenue Methods Manual, Section on Mass
Appraisal of Farm and Ranch Properties, or is not graded; or"
The Deschutes County Farm Appraiser has classified the subject
property in the requested zone change as Grade VII.
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 Classfication System."
Not applicabale.
G. "That 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 there are not any wells on the
subject property. There appears to be no feasibile way of
providing any wells on the property, according to an exhibit
submitted by the applicant's attorney (Exhibit #10, Blue
Book).
The Hearings Officer finds that the applicant has satisfied the
above listed requirements.
Z-81-28 - CANYON HILLS - PAGE 3
C.
VC~I rACF 3
DECISION: APPROVAL
/-t-
DATED this O~ day of March, 1982.
This decision becomes final fifteen days after the date mailed,
unless appealed to the Planning Commission by a party of interest.
j _
M e' Avedovech
HEARINGS OFFICER
MA:ch
cc: File
Planning Commission
Planning Department
David Jaqua
Stanley & Helen Wareing
Lucile Wareing
William Lyche
Frank Chase
Z-81-28 - CANYON HILLS - PAGE 4
