36-361-Ordinance No. 80-220 Recorded 12/3/1980VOL 3, 6ME'3Ul
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordinance c
No. PL-15, Deschutes County ) p' 0
Zoning Ordinance of 1979; Re- ) l~
zoning Certain Property from
Exclusive Farm Use-20 (EFU-4)
Zone to Multiple Use Agriculture ) Rp 7980
(MUA) Zone
> "FSCH61S pArr-,RSc °UNry 01\1
ORDINANCE NO. 80-220 Cl'&?K
WHEREAS, Dale E. Eyer proposed the rezoning of certain
property from Exclusive Farm Use-20 (EFU-4) Zone to Multiple Use
Agriculture (MUA) 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 October 14, 1980; and
WHEREAS, the Hearings Officer recommended that the
property be rezoned from Exclusive Farm Use-20 (EFU-4) Zone to,
Multiple Use Agriculture (MUA) Zone by decision dated November 3,
1980; 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-20 (EFU-4) Zone to Multiplie Use Agriculture
(MUA) Zone for the parcel of real property described as:
Tax Lot 500, and a portion of Tax Lot 502,
Section 14, Township 16 South, Range 11
East of the Willamette Meridian, Deschutes
County, Oregon,
and depicted on the map marked Exhibit A, attached hereto and by
this reference incorporated herein.
ORDINANCE NO. 80-220, PAGE 1
' VOL 36PAGE 362
Section 2. To adopt as the Board of County Commissioners'
findings and confusions, the findings and decision of the Hearings
Officer dated November 3, 1980, relating to Zone Change Application
Number Z-80-30, marked Exhibit B, attached hereto and by this
reference incorporated herein.
DATED this 07,_ day of 1980.
BOARD OF COUNTY COMMISSIONERS
OF.DESCHUTES COUNTY, OREGON
ATTEST:
TAMMY J R CHARDSON
Recording Secretary
ORDINANCE NO. 80-220, PAGE 2
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EXHIBIT A a
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NOL 36PAGE 2, 64
` HEARINGS OFFICER
COU NIA DESCHUTES COUNTY COURTHOUSE BEND, OREGON 97701
TELEPHONE (503) 382-4000, EXT. 223
FINDINGS AND DECISION
FILE NO:
APPLICANT:
REQUEST:
PLANNING STAFF
REPRESENTATIVE:
PLANNING STAFF
RECOMMENDATION:
PUBLIC HEARING:
BURDEN OF PROOF:
FINDINGS:
A. Subject Property:
Z-80-30
Dale E. Eyer
An application for a zone change from EFU-20 to MUA-10
in accordance with Section 10.040 of County Zoning Ord-
inance PL-15.
Richard Knoll
Appproval
Public Hearing was held in room 106, Deschutes County
Courthouse Annex, Bend, Oregon on October 14, 1980
at 7:00 P.M. An oral decision was rendered at that time.
In order to recommend approval of a zone change appli-
cation the applicant must meet the criteria set forth
in Section 10.040 of Deschutes County Zoning Ordinance
PL-15.
1. Location:
The subject property is located one mile east of Highway 20 on the south side of
Innes Market Road. The property is further described as Tax Lot 500, Township
16 south, Range 11 east, Section 14.
2. Zone:
EFU-20, Exclusive Farm Use, 20 acre minimum
3. Comprehensive Plan Designation:
Agricultural
4. Site Description:
The subject property is 120 acres in size and is currently vacant of any struc-
tures. The topography of the site is varied with a large portion of the parcel
located on a high ridge with the southern portion dropping off and leveling out
somewhat. The land has a moderate covering of juniper trees, sagebrush, and
natural grasses. The subject parcel is not currently on farm deferral and is
being assessed at market value. No water irrigation is assigned to the sub-
ject property at this time. The soil has been classified as approximately 80%
Scabland or Rough Stony land with the remainder being Class III and IV soils;
Z-80-30 - DALE E. EYER - PAGE 1 F
VICINITY
VOL 36PAGE 3, 65
The DeschutC County Assessor has classified("this parcel as Class VII soils.
Access to this parcel would be from Innes Market Road.
INFORMATION:
The surrounding land uses include open lands with natural vegetation, agricultural
lands both east and west of this parcel and some large acreage homesites. The
surrounding zoning classification is EFU-20.
CONCLUSIONS:
A. The rezoning is consistent with the Comprehensive Plan.
The Deschutes County Comprehensive Plan has defined agricultural lands as those
lands which are indentified as-possessing Soil Conservation Service Agricultural
Capability Class I-IV soils. The Comprehensive Plan has.attempted to meet the
Statewide land use goals and in this case, Goal X63 Agricultural Land in eastern
Oregon as that land of predominantly Class I, II, III, V and VI soils, and other
lands which are suitable for farm use taking into consideration soil fertility,
suitability for grazing, climatic conditions, existing and future availablity of
water for farm irrigation. (see Goal #3)
Because this property does not appear to meet the definition of Agricultural land
as defined in the County Comprehensive Plan, ORS 215, or the Statewide Land Use
Goals there would be consistency with the comprehensive plan. The land is pre-
dominantly Class VII soils which seem to be consistent with both comprehensive plan
and the Statewide Land Use Goals as they relate to Agricultural lands.
B. That the rezoning to MUA-10 will not interfere with any existing neigboring agri-
cultural use, regardless of the existing zoning on such neighboring land.
There are lands which are found in the area which are devoted to agricultural lands.
Because this parcel is removed from those lands geographically there would not seem
to be any real interference with existing neighboring agricultural use.
C. That the land has a Soil Conservation Service Capability that is the subject of the
application predominantly consists of soils in classification VI, VII, or is not
classified.
The subject property has a Soil Conservation Service Capability that is predomin-
antly Class VI soils (80%).
D. If Subsection C is satisfied, that the land that is the subject of the application
predominantly consists of soils in Agricultural Soil Conservation Survey Classifi-
cation VII or VIII, or in unclassified.
Item C is satisfied and the property consists of soils in Agricultural Soil Con-
versation in Class VII soils (80%)
E. If Subsection D is satisfied, 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.
The County Assessor has classified the entire parcel as Class VII.
F. The land is not classified under-any of C, D,
Planning Director and executed by a certified
consists predominantly of Class VII under the
Classification System.
Z-80-30 - DALE E. EYER PAGE 2
or E, a testing method approved by the
soil scientist discloses that the soil
Soil Conservation Service Capability
EXHIBIT pn$
VOL
6PAGE ct66
Not applicable.
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 subject property does not have irrigation water available to it.
DECISION:
The Hearings Officer approves this zone change from EFU-20 to MUA-10 based upon
above reasons.
J"'d November,
DATED this day of 84~:JC 1980.
This decision becomes,;-finals 15 days after the above date, unless appealed to the
Planning Commissiory ~by a party of interest.
slyer Aveaove
HEARINGS OFF
MA:ch
cc:File
Planning Department
Planning Commission
Dale E. Eyer
01
Z-80-30 - DALE E. EYER - PAGE 3