35-23-Order Recorded 8/5/1980•
BEFORE THE BOARD OF COUNTY COMMISSIONERS . VOL 35 DACE 23
IN THE STATE OF OREGON
FOR THE COUNTY OF DESCHUTES
In the Matter of )
Conditional Use Application )
CU-80-42 )
O R D E R
WHEREAS, Gordon Moore has applied for a conditional use
permit 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 conditional use permit to
allow single-family residential dwellings not provided in conjunction
with a farm use 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;
NOW, THEREFORE, it is hereby ordered that this application
for conditional use permit be denied.
DATED this 4~day of 1980 .
BOARD OF COUNTY COMMISSIONERS
ko ?'&'d
ALBERT A. YOUNG, Chairman
CLAY ARD, Commi Toner
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ROBERT C. PAULS N, JR., Comm
CJS/tr
cc: Gordon Moore, Applicant
Planning Director
Hearings Officer
t 35 PmE 24
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 topo-
graphy. 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 Market 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 consideration of the following factors:
1. Environmental, energy, social and economic consequences.
2. Compatibility 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 definition
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 Agricultural. The Goals further indicate that in
order to provide 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
s Page 2.
Exhibit "A"
VOL 35 FACE 25
ORS 215.213.
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 downz:one 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 or 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 Ades far
exceeds the basic rule density of one unit per ten acres estab-
lished in the rural development chapter of the County comprehen-
sive 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 par-
ticular 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:tr
CC/ Gordon Moore
Planning Director
Hearings Officer