41-570-Ordinance No. 82-007 Recorded 2/24/1982=E
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VOL 41_ prFE 3 In
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordi-
nance No. PL-15, Deschutes
County Zoning Ordinance of
1979; Rezoning Certain
Property from Exclusive Farm
Use - 20 (EFU-4) Zone to
Multiple Use Agriculture
(MUA-10) Zone; and Declaring
an Emergency.
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* FEB 24 1982
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* L)ESCH ~ SRCOA T T ERS0N
Ordinance No. 82-007 NTY CLERK
WHEREAS, George Cleveland proposed the rezoning of certain
property from Exclusive Farm Use - 20 (EFU-4) Zone to Multiple Use
Agriculture (MUA-10) Zone; and
law; and
WHEREAS, notice of hearing was given in accordance with
WHEREAS, the Hearings Officer held a hearing on the
proposed zone change on September 22, 1981; and
WHEREAS, the Hearings Officer recommended that the property
be rezoned from Exclusive Farm Use - 20 (EFU-4) Zone to Multiple Use
Agriculture (MUA-10) Zone, by decision dated September 29, 1981; 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. To amend Ordinance No. PL-15, Deschutes County
Zoning Ordinance of 1979, to change zoning from Exclusive Farm Use-20
(EFU-4) Zone to Multiple Use Agriculture (MUA-10) Zone, for the
parcel of real property described as:
Tax Lot 100, Section 24D, Township 17 South,
Range 12 East, Willamette Meridian, Deschutes
County, Oregon, and depicted on the map
marked Exhibit "A", attached hereto and by
this reference incorporated herein.
Section 2. To adopt as the Board of County Commissioners'
findings and conclusions, the findings and decisions of the Hearings
Officer dated September 29, 1981, relating to Zone Change Application
Number Z-81-14, marked Exhibit "B", attached hereto and by this
reference incorporated herein.
Ordinance No. 82-008, Page 1
vOL 41-Pau 511
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.
i
DATED this the )I day of 1982.
BOARD OF COUNTY COMMISSIO ERS
OF DE C ES 7TY, ON
CLAY PAR D, Cha r an
AL A. Y UNG, ~Iommiss' er
ROBERT C. PAULSON, JR.,Commissioner
ATTEST:
SUSAN STONEMAN
Recording Secretary
Ordinance No. 82-008, Page 2
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'SEI/4• SEC. 24 T17S. R.12E.W. M. Exhibit "A"
DESCHUTES COUNTY Zane. C,nNO nc3e, Z-81-14 i7 I_ 24C
111200' Georgc,, Cleveland
T I'7 R 12 SeJion 9
See Mop 17 12 24 Tax LO( 100
ZZD 33 P46EL Road
QDA9
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Exhibit "B"
von 4t wE. Yi
i HEARINGS OFFICER
DESCHUTES COUNTY COURTHOUSE ANNEX BEND, OREGON 97701 P ~C t -j
0 TELEPHONE (503) 388-6626 h/l T I9~j v
DESCHAILED
UTg~
COUNTY fly,/
FINDINGS AND DECISION
FILE NO: Z-81-14
APPLICANT: George Cleveland
PLANNING STAFF
REPRESENTATIVE: Richard Knoll
PLANNING STAFF
RECOMMENDATION: Denial
PUBLIC HEARING: The public hearing was held in room 106, Deschutes
County Courthouse Annex, Bend, Oregon on Tuesday,
September 22, 1981 at 7:00 P.M. An oral decision
was rendered at that time.
BURDEN OF PROOF: In order to approve this request the applicant must
meet the criteria set forth in Sections 10.040 and
Section 4.040 of Deschutes County Zoning Ordinance
PL-15.
FTNDTNGS:
1. LOCATION:
The subject property is located on the west side of Dickey Road, 1
mile south of the intersection of Butler Market Road, and is further
described as Tax Lot 100, Township 17 south, Range 12 east, Section 24D.
2. ZONE:
The property is located within an EFU-20, Exclusive Farm Use zone.
3. COMPREHENSIVE PLAN DESIGNATION:
Agriculture.
4. SITE DESCRIPTION:
The subject property is 120 acres in size and is currently vacant of
all permanent structures. The 80 acre to the northwest has a varied
topography with a ridge extending northeast through the center of the
acreage. The north and south portions of the land are more level.
The 40 acre parcel has a generally flat topography with an elevated
area to the west. The majority of the acreage is irrigated pasture.
Two irrigation laterals are existing on the parcel. A few scatttered
juniper trees are existing in the elevated lands.
Z-81-14 - GEORGE CLEVELAND - PAGE 1
CONCLUSIONS: 574
VOL 41 PAGE The applicant has addressed the criteria set forth in Sections 4.040 and
10.040 of Deschutes County Zoning Ordinance PL-15 as follows:
1. The rezoning is consistent with the Comprehensive Plan:
This particular property has been indicated in the Comprehensive Plan
as marginal farmland-developed. This land is similar to Type "F", but
is existing residential development and hobby-farm activities have re-
duced the predominant ownership and tax lot size to less than 20 acres.
The land is suitable for raising and grazing livestock on a small scale.
Because the farm activities are subsidized, the farm productivity is
higher than what it might be other-wise. Lands typical of these usually
lie close to the urban areas, such as Bend, Redmond, and to some extent
Tumalo.
2. That the rezoning to MUA will not interfere with any existing neighborin
agricultural use, regardless of the existing zoning on such neighboring
and.
The subject property lies within 1 mile of the Bend Urban Growth Boundary
and could be developed to a 5 acre density, instead of using the cluster
development concept. However, this general area is potentially available
for devlopment'. The farming use is reducing as time proceeds, and the
Hearings Officer finds that this property will not adversely affect the
neighboring agricultural uses.
3. That the land that is the subject of the application predominantly con-
sists o soils in Soil Conservation Service Capability Classification
VI or VII, or is not classified; or
4. If Subsection D is not satisfied, and the County Assessor finds that the
land subject to the application redominantl consists of soils in Grade
VII or VIII, as determined by the Oregon Department o Revenue Methods
Manual, Section on Mass Appraisal of Farm and Ranch Properties, or is
not graded; or
The Deschutes County Tax Assessor - Farm Appraisor has classified the
entire 80 acres as a Class VII soil type. The applicant has submitted
a,,detailed soil analysis of the subject property, completed by Ted Hoss
and Ralph Pine, both are certified soil scientists. This documentation
establishes that the subject property is either totally Class VI or
Class VII soils according to the Soil Conservation Service Capability
Classification. The applicant has established through the detailed
soil '.study that 80 acre is more than 75% Class VI or Class VII soils.
5. 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 discloses that the soil consists predominantly of Class VII
under the Soil Conservation Service Capability Classification System.
Not applicable.
6. That the land does not have sufficient water ri hts or existing water
supply to allow farm use, as defined in ORS 2 5. 03(
The total farm unit has 23 acres of water all of which is adjudicated
to the40 acre parcel to the south. The Hearings Officer finds under
Z-81-14 - GEORGE CLEVELAND - PAGE 2
VOL 4-1 PArF ~ J
} the definition of case law in Meyer vs Lord would not make a contigious
parcel for the purpose of determining total farm unit.
DECISION: APPROVAL
DATED this day
The applicant has established through his attorney and letter addressed
to the Hearings Officer dated September 22, 1981 that in fact there is
a great distinction between this situation and the one created in the
case of Meyer vs Lord. The 80 acre parcel in question has never been
tilled. There is no relation between the 80 acre parcel and the 40 acre
parcel and are not to be considered as part of a farming unit. A
letter from the United States Department of Agriculture from Mr. George
Hamlin, Soil Conversation Service clearly indicates that farming should
not be attempted on the 80 acre parcel. There is only sufficient ground
cover to graze four to eight head of cattle for a one month period. This
property does not meet the test of an economical farm unit as defined
within ORS 213.230. The Hearings Officer finds that the lands although
in a sense contigious, are not part of an economical profitable farming
unit, therefore should not be considered adjacent or contigious under
the terms of Section 10.040 of PL-15.
of September, 1981.
This decision becomes final 15 days after the date mailed, unless
appealed to the Manning Commission by a party of interest.
MA:ch
cc : File
Planning Commission
Planning Department
George Cleveland
'L-81-14 - GEORGE CLEVELAND - PAGE 3