41-576-Ordinance No. 82-005 Recorded 2/24/1982a '
VOL 41, pm E Y i6
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordi-
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County Zoning Ordinance of
1979; Rezoning Certain
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Propety from Exclusive Farm
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Use - 40 (EFU-3) Zone to
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10) Zone; and Declaring
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an Emergency.
Ordi
nance No. 82-005
WHEREAS, Robert S. Sundby and Herbert C. James proposed the
rezoning of certain property from Exclusive Farm Use - 40 (EFU-3)
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 - 40 (EFU-3) 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 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 Lot 200 and 800, Section 9, Township 15
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-81-13, marked Exhibit "B", attached hereto and by this
reference incorporated herein.
Ordinance No. 82-005, Page 1
. VOL 41PA„E 5 i'
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 /7 day of &Z - , 1982.
ATTEST:
SUSAN STONEMAN
Recording Secretary
Ordinance No. 82-005, Page 2
BOARD OF COUNTY COMMISSIONERS
OF D S TES BOUNTY EG
CLAY HEPARD, Ch rman
r,
FINDINGS AND DECISION
FILE NO :
APPLICANT:
PLANNING STAFF
REPRESENTATIVE:
PLANNING STAFF
RECOMI"'IENDATION :
PUBLIC HEARING:
BURDEN OF PROOF:
FTMnTN(_C .
Exhibit "B" I~'inl
12
HEARINGS OFFIORR II Pa ; %
DESCHUTES COUNTY COURTHOUSE ANNEX BEND, OREGON 97701
TELEPHONE (503) 388-6626 '.g
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Z-81-13
Robert S. Sundby & Herbert C. James
Richard Knoll
Denial
ACT 1981
pESAtt,Ep
W
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.
In order to approve this request the applicant must
meet the criteria set forth in Section 10.090 of
Deschutes County Zoning Ordinance PL-15.
1. LOCATION:
The su ject property is located southeast of the intersection of High-
way 126 and 103rd Avenue. The property is further described as Tax Lot
200 and 800, Township 15 south, Range 12 east, Section 9.
2. ZONE:
The property is located within EFU-40, Exclusive Farm Use.
3. COMPREHENSIVE PLAN DESIGNATION:
Agriculture.
4. SITE DESCRIPTION:
The subject property is 45 acres in size within two tax lots. The
subject propety has a varied topography with a ridge in the southwest-
west portion of the parcel. A slope trails off to the northeast with
the land leveling out near the highway. The parcel has a moderate
number of juniper trees along with sagebrush and natural grasses as a
ground cover. The subject property is outside of the area covered by
the SCS Soil Survey.
Z-81-13 - SUNDBY & JAMES - PAGE 1
CMCLUSIONS :
VOL ` 1 PAcE 579
The applicant has addressed the criteria set forth in Section 10.090 of
the Deschutes County Zoning Ordinance PL-15 as follows:
1. The rezoning is consistent with the comprehensive plan:
This particular property is best described as Dry Rangeland which has
little water and is without irrigation. Suited only for livestock
production and it lies in an_. area where the introduction of irrigation
water would make marginal crop production possible and therefore is
a resource for the future.
The subject property meets this definition and is consistent with the
Comprehensive Plan. However, the applicant has submitted documentation
from the Soil Conservation Service which clearly indicates that the
subject property is classified as Class VII soils.
2. That the rezonin
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The proposed rezoning will not present any major interference with any
neighboring agricultural uses, as there does not appear to be any major
intenesive use taking place in close proximity.
3. That the land that is the subject of the application predominantly con-
sists of soils in Soil Conservation Service Capability Classification VI
or VII, or is not classified:
The Soil Survey and the exhibits, and the map provided by the Soil Con-
servation Service Commission, as well as the map submitted by the appli-
cant indicates that the property is classified as Class VII soils.
4. If Subsection C is not satisfied, that the land that is the subject of
the application predominantly consists of soils in Agricultural Soil
Conservation Survev Classification VI or VI; or is unclassified:
The subject property has been classified as Class VII soil by the Soil
Conservation Survey.
5. If Subsection D is not satisfied, and the County Assessor finds that the
and subject of 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:
The County Tax Assessor-Farm Appraiser has identified all of the land
as Class VII soils.
6. 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.
7. That the land does not have sufficient water rights or existing water
supply to allow arm use, as defined in ORS 215.203(2).
The applicant has established that there are no water rights available
Z-81-13 - SUNDBY & JAMES - PAGE 2
to the subject property.
VOL 4!Pd6E 580
At the time of the public hearing, the Planning staff, based upon additional
information supplied by the applicant, recommended that this application
be approved.
DECISION: APPROVAL.
DATED this -~~~ay of September, 1981.
This decision becomes final 15 days after the date mailed, unless
appealed to the Planning Commission by a party of interest.
-'dyer ovech
HEARINGS OFFICER
MA:ch
cc:File
Planning Commission
Planning Department
Robert Sundby
Herbert C. James
Z-81-13 - SUNDBY & JAMES - PAGE 3
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Exhibit "A"
Zone, CV,ange Z- SI-13
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