35-621-Ordinance No. PL-15 (Amendment) Recorded 9/9/1980r~
VOL
BEFORE THE BOARD OF COUNTY COMMISSIONERS
IN THE STATE OF OREGON
FOR DESCHUTES COUNTY
In the Matter of Zone Change ) AMENDMENT TO COUNTY
Application No. Z-80-23 ) ZONING MAP PL-15
35 PAGE 621
WHEREAS, David and Anna Paramore have applied for a rezoning of
their property described as follows:
Approximately 20 acres located northwesterly
of Dusty Loop Road approximately one mile
northwesterly of Innes Market Road and is
further described as tax lot 200 in Section
11, T16S, R11E.
WHEREAS, the application is for a zone change from EFU-20,
Exclusive Farm Use to MUA-10, Multiple Use Agriculture, as
described in County Zoning Ordinance PL-15; and
WHEREAS, the Board adopts the findings attached hereto as
Exhibit "A", and incorporated herein by reference; and
WHEREAS, the application has been recommended for approval
by the County Hearings Officer following a public hearing
held July 15, 1980;
NOW, THEREFORE, the Board of County Commissioners ordains
that the property described above be zoned MUA-10, Multiple
Use Agriculture, as shown on the map attached hereto as
Exhibit "B", and incorporated herein by reference with the
condition that prior to the sale of any lot, a partition
shall be approved by Deschutes County.
This ordinance being necessary for the immediate preservation
of the public health, welfare and safety, an emergency is
declared to exist, and this ordinance shall take effect upon
its adoption.
DATED this day of September, 1980.
BOARD OF COUNTY COMMISSIONERS
At4 e- sNt :
xos mary Yak son,
Cou ty Cler
Di tribution:
Applicant, D.A.;
Hearings Officer;
Planning Director;
county uounsel
County Assessor
ER
•i
VOL 35 PAGE 622
EXHIBIT "A"
FINDINGS:
A. Subject Property:
1.: Zone: EFU-20, Exclusive Farm Use
2. Comprehensive Plan Designation: Agricultural
3. Site Description: The subject property is approximately
20 acres in size and has rolling topography and is
covered with juniper, sagebrush and natural grasses. The
property is currently vacant and the access to the property
is off Dusty Loop Road. The property has been soil
classified as Class VII Soil.
CONCLUSIONS:
The Deschutes County Zoning Ordinance in Section 10.040, concerning
the rezoning of EFU lands unsuitable for farm use states:
A. Rezoninz of Certain Lands from EFU to MUA-10:
Due to the fact that the entire county has not been com-
pletely mapped as to soil type, the legislative finding
is made that certain lands zoned EFU may not have the
potential for agricultural production necessary to afford
the owner an economical use if the land is zoned EFU if
the units in contiguous ownership are too small to be
useful for grazing purposes. It is found that 320 acres
of grazing land in contiguous ownership without any water
rights or well can provide a minimal economic use.
Accordingly, for one year after the acknowledgement of
this ordinance by the Oregon Land Conservation and Develop-
ment Commission, the owner of a parcel or contiguous
units of ownership as defined by ORS, Chapter 92, west
of Range 15, east of the Willamette Meridian totaling less
than 320, acres in an EFU zoning inclusive of roads and
easements of access to other property, may apply for
rezoning to MUA-10.
In addition, the applicant must satisfy the requirements of that
section which are as follows:
a. The rezoning is consistent with the Comprehensive Plan;
b. The rezoning of MUA-10 will not interfere with any existing
neighboring agricultural use; regardless of the existing
zoning on such meighboring land;
c. That the land has a Soil Conservation Capability that is the
subject of the application predominantly consists of
Agricultural of Classification VI or VII, or is not classified;
and
io
"VOL 35 PAGE 623
Page 2.
Exhibit "A
d. If Subsection C is not satisfied, that the land that is the
subject of the application predominantly consists of Agricul-
tural Soil Conservation Survey Classification VI or VII, or
is unclassified; and
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 VI 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;
and
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 discloses that the soil consists
predominantly of Class VII under the Soil Conservation
Service Capability Classification System.
g. That the land odes not have sufficient water rights or existing
water supply to allow farm use, as defined in ORS 215.203(2).
The Hearings Officer finds specifically that the proposed change
will have little effect upon the adjoining property and is Class
VII soil. It has been established by the State Watermaster's
Office and the Tumalo Irrigation District that there are no
water rights to this property. Because of the above, the applicant
is in conformance with Deschutes County Year 2000 Comprehensive
Plan and has met the terms and conditions of Zoning Ordinance
of Deschutes County.
