35-20-Order Recorded 8/5/1980' VOL 35 Pair za
1
BEFORE THE BOARD OF COUNTY COMMISSIONERS
IN THE STATE OF OREGON
FOR THE COUNTY OF DESCHUTES
In the Matter of Tentative )
Plan, Moore View Acres ) O R D E R
WHEREAS, Gordon Moore has applied for a tentative plan on the
property described as follows:
Approximately 60 acres southerly off of Bear Creek
Road approximately 1/2 mile easterly of Arnold
Market Road, and is further described as tax lot
201, in Section 2, T18S, R12E; and
WHEREAS, the application is for a tentative plan;
WHEREAS, the Board adopts the findings attached hereto as
Exhibit "A" and incorporated herein be reference;
NOW, THEREFORE, it is hereby ordered that this application
for a tentative plan be denied.
of 1980.
day 51
DATED this lr*'
OARD OF COUNTY COMMISSIONERS
Y/ r ne---
ALBERT A. YOUNG, CHAIRMAN
C EPA N I R
ROBERT C. PAULSON, JR., C ISS
CJS/ns
Gordon Moore, Applicant
Planning Director
Hearings Officer
`vat 35 mm_ 21
EXHIBIT "A"
SUBJECT PROPERTY
Zone: EFU-20, Exclusive Farm Use.
Comprehensive Plan Designation: Agricultural
Site Description: The subject property is approximately 60
acres in size and is approximately 1/4 mile outside the Bend
Urban Growth Boundary. The property is generally level
with some slight changes in topography. The property consists
of cultivated areas, pasture, with some areas of scattered
juniper trees and sagebrush and natural grasses. The
subject property is on farm use assessment, and has approximately
36 acres of irrigation water from Central Oregon Irrigation
District.
VICINITY INFORMATION
The subject property is surrounded by parcels ranging in size
from approximately two to five acres, many with single family
dwellings. Subdivisions exist to the east along Ward Road and
west along Arnold Maiket Road, however, there are no subdivisions
adjacent to the subject property. Surrounding property to the
north and west is currently zoned EFU-20, Exclusive Farm Use,
and property to the south and east is zoned MUA-10, Multiple
Use Agriculture.
GENERAL INFORMATION
The subject property is in an exclusive farm use zone, conditions
of ORS 216.263 for an exception.
CONCLUSIONS:
The Deschutes County Zoning Ordinance PL-15, Section 4.040 (5)
limits non-farm residential uses. Some of the-limitations
dealing with conversion of agricultural lands to non-farm
uses require consdieration of the following factors:
1. Environmental, energy, social and economic consequences.
2. Compatability of the proposed use with related agricultural
land.
3. The retention of Soil Classes,I-VI in farm use.
In addition the Deschutes County Year 2000 Plan, when dealing with
exclusive farm use, indicates that all lands meeting the
definitiop of agricultural lands shall be zoned Exclusive
Farm Use unless an exception to LCDC Goal Three is obtained
so that the zoning may be Multiple Use AlgYicultural. The
goals further indicate that in order to prvide some flexibility
in the zoning and to assist the farmers who may need to sell
an isolated unproductive piece of land in order to assure continued
operation of the farm, individual isolated lots in EFU areas
shall be permitted consistent with ORS 215.213.
. VOL 35 ?AcF 22
Page 2.
Exhibit "A"
The proposal of the applicant in this case would totally remove
the agricultural designation, making it a complete subdivision
with some of the lots being as small as one acre. Placing 20
lots on the 60 acre parcel reduces the acreage even below that
which would be allowed under the Multiple Use Agricultural Zone,
which is the normal downzone from Exclusive Farm Use. Other than
the opportunity to break off of an isolated lot for economic reasons,
there is no other provision for removing this land from the
Exclusive Farm Use designation. The applicant has not adequately
addressed an exception from Goal Three, Agricultural Lands, since
this land consists of Class III, IV, and VI soils and has
approximately 36 acres of irrigation water rights. Some type of
farming and/or grazing can be established on this property. In
addition, through the legislative process there was no intent to
permit either large numbers of non-farm residential lots in Exclusive
Farm Use areas of to permit farms to be divided into small lots
by the conditional use process. This is a clear violation of the
intent of the state statutes and goals, as well as Deschutes County's
Year 2000 Comprehensive Plan. In addition, the density proposed
for Moore View Acres far exceeds the basic rule density of one unit per
ten acres established in the rural development chapter of the County
Comprehensive Plan.
The applicant must meet the provisions and conditions of County
Ordinance PL-9, which requires the applicant to establish a public
need for the change and that the need will be best met by changing
the classification after considering the evidence submitted at
the hearings and contained in the County Comprehensive Plan, the
LCDC finds that within Deschutes County as of January 1st,
1979, there were 17,377 rural tract and recreational lots. In
addition, the County has established that it only needs slightly over
3,000 rural lots to fill the anticipated need in the County by the
year 2000. This is based upon the fact that 91% of the new County
population will live inside the Urban Growth areas. This particular
piece of property is outside an Urban Growth Boundary.
The Board of County Commissioners finds that this application is not
in conformance with Deschutes County Year 2000 Comprehensive Plan
as indicated above. The application is not in conformance with
ORS 215.263 (3), which is applicable since this property is zoned
for exclusive farm use. It is not in conformance with LCDC Goals
3,5,11 and 14. It is not in conformance with the intent of the
Exclusive Farm Use zone laws as outlined above. The application
is not in conformance with Section 4.040 (5) of County Ordinance PL-15.
The applicant has not met the terms and conditions of County Ordinance
PL-9.
CJS/ns
Gordon Moore
Planning Director
Hearings Officer