27-581-Minutes for Meeting July 07,1978 Recorded 7/13/1978VOL
BEFORE THE LAND CONSERVATION
27 FACE 581
2 AND DEVELOPMENT COMMISSION
3 In the Matter of Deschutes ) REQUEST FOR HEARING
County. )
4
5 Pursuant to ORS 197.320 (3), Deschutes County hereby requests
6 a hearing before the Land Conservation and Development Commission
7 on the action taken and Order entered pertaining to Deschutes
8 County by the Commission at Hood River on July 7, 1978, a copy of
9 which is attached to this request.
10 DATED this tday of July, 1978.
BOARD OF COMMISSIONERS
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12 Chairman
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14
15 Commissioner.
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Page 1 Request for
Hearing.
1 BEFORE THE LAND CONSERVATION e 01., FcL . !° }+v' `L�ts,
a Y
2 AND DEVELOPMENT COMMISSION 7
3 In the Matter of Deschutes ) FINDINGS OF FACT, CONCLUSIONS
County. ) AND ORDER, ORS 197.320
4
5
FINDINGS OF FACT
6 1. The Commission adopted its state-wide goals on
7 December 27, 1974 with an effective date of January 1, 1975,
8 Deschutes County was required by ORS 197,250 to have its
9 comprehensive plan and implementing ordinances in compliance
10 with the adopted state-wide goals within one year of the
11 effective date.
12 2. Deschutes County did not have its comprehensive
13 plan and implementing ordinances in compliance with the
14 state-wide goals by January 1, 1976, Accordingly, Deschutes
15 County was granted a planning extension by the Commission
16 and placed on a compliance schedule by which Deschutes
17 County is to have completed adoption of a revised compre-
lg hensive plan and implementing ordinances by May 1, 1979, its
19 compliance date.
20 3. On June 18, 1976, the Commission reviewed the pro -
21 gress Deschutes County had made on its compliance schedule,
22 Among other conditions, the county and the Commission agreed
23 to adding the following Agricultural Goal Condition to the
24 county's compliance schedule;
25
Pagel - O RDE R
VOL 27 FACE 583
1 "Compliance with Agricultural Goals,
including EFU zoning by December 1, 1977."
2
3 4. On November 22, 1977, the county requested a 90-
4 day delay, until March 1, 1978, to meet the Agricultural
5 Goal Condition of this planning extension.
6 5. On December 9, 1977, the Commission held an annual
7 progress review in Deschutes County. The entire Deschutes
8 County Planning Program, including the Agricultural Goal
9 Condition, was discussed. The Commission granted Deschutes
10 County an additional extension to April 15, 1978 to comply
11 with the Agricultural Goal Condition.
12 6. On March 29, 1978, the Department Director met
13 with the Deschutes County Board of Commissioners to discuss
14 the Agricultural Goal Condition and was informed that the
15 county would need an additional month. The Director granted
16 a further extension to May 19, 1978, pursuant to his auth-
17 ority under OAR 660-02-010.
18 7. On May 23, 1978, the LCDC Central Oregon Field
19 Representative met with the Deschutes County Board of Com -
20 missioners and was informed that the Agricultural Goal Con -
21 dition had not been met. At that time, the Board requested
22 additional time to comply with the condition. The Board was
23 informed by the Field Representative that the Commission's
24 monthly meeting was on June 9 and that Deschutes County.
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Page 2 — ORDER
VOL 27 FACE 584
1 would have, in effect, an extension on the Agricultural Goal
2 Condition until that time.
3 8. On June 7, 1978, the Deschutes County Planning
4 Commission conducted a hearing on the Agricultural Goal
5 Condition. The Planning Commission deferred action on an
6 interim protection policy for 30 to 60 days. It did state
7 that it would utilize the LCDC's Agricultural Lands Goal
8 (Goal 3) when reviewing any change of use on agricultural
9 land.
10 9. As of the date of this Order, the county has not
11 completed an inventory of agricultural lands or adoption of
12 exclusive farm use zoning (EFU zoning) pursuant to ORS ch
13 215, as required by the Agricultural Lands Goal (,LCDC Goal
14 3), and the Agricultural Goal Condition. The county's
15 application of the Agricultural Lands Goal will thus neces-
16 sarily be ineffective as the lands to be protected have not
17 been identified and the means of protection of those lands,
18 EFU zoning, has not been adopted.
19 10. During the same time period that the county has
20 delayed complying with the Agricultural Lands Goal and with
21 the Agricultural Goal Condition in its compliance schedule,
22 the county has continued to take land conservation and
23 development actions outside of the incorporated areas in what
24 may be agricultural land. In 1977, for example, the county ap-
25 proved approximately 37 subdivisions comprising some 5,100
Page '3 - ORDER
• VOL 27 FACE 585
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1 acres or 1,046 building lots. In 1978, as of June 22, the
2 county has approved approximately 27 subdivisions comprising
3 some 3,291 acres or 798 building lots. As substantial
4 numbers of these subdivisions are in rural portions of the
5 county, they likely constitute violations of the Agricul-
6 tural Lands Goal (LCDC Goal 3).
7 CONSLUSIONS
8 1. The Commission finds that Deschutes County has not
9 complied with the Agricultural Goal Condition in the county's
10 compliance schedule, and that, therefore, Deschutes County
11 has not made satisfactory progress toward performance of its
12 compliance schedule. Accordingly, the Commission is required,
13 pursuant to ORS 197.320(1)(c), to direct Deschutes County
14 to take action necessary to bring its comprehensive plan
15 into conformity with the State -Wide Planning Goals,
16 2. The Commission finds that the continuation of land
17 conservation and development actions in the unincorporated
18 portions of the county, such as the aforementioned subdivi-
19 sion approvals, in what may be agricultural lands during
20 the interim period before the county complies with the Agri -
21 cultural Goal Condition would be contrary to the public in -
22 terest in the sound development of land,
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VOL 27 FACE 586
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1 IT IS HEREBY ORDERED that:
2 1. Deschutes County shall adopt and submit to the Land
3 Conservation and Development Commission either;
4 a) an interim policy for the protection of agriculture
5 lands in Deschutes County in accordance with the Agricultural
6 Goal condition in the county's compliance schedule, or
7 b) an Exclusive Farm Use zoning ordinance in accordance
8 with the requirements of the Agricultural lands Goal (Goal 3).
9 2. Until the county has complied with Paragraph 1 of
10 this Order, the county shall not take or approve any land
11 conservation and development actions in the unincorporated
12 lands in the county which would be inconsistent with the
13 provisions of an Exclusive Farm Use Zone, pursuant to ORS
14 215.203 to 215.273.
15 If this Order is appealed, a hearing will be held
16 Thursday September 14, 1978 at 7;30 p.m. at a location to
17 be designated by the Department of Land Conservation and
18 Development.
n
20 DATED this day of July 1978.
21 !�
22`..
23 ,,Dick Gervais, Chairman
LAND CONSERVATION AND
24 DEVELOPMENT COMMISSION
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VOL 27 PAGE 587
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CERTIFICATE OF SERVICE
I hereby certify that on July 11, 1978, I served a
certified copy of the foregoing Enforcement Order on Deschutes
County Board of Commissioners, by mailing a certified true
copy, and put in a sealed envelope, with postage prepaid.
Dated 79 By
Edward C. Rochette, Attorney
Appeals Coordinator