2016-531-Ordinance No. 2016-005 Recorded 12/2/2016REVIEWED
Dan
LEGAL COUNSEL
DESCHUTES
NANCY BLANKENSHIP,PCOUNTY CLERKS �J 2016431
COMMISSIONERS' JOURNAL 12/02/2016 02:44 01 PM
05-51111111111111 III
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 23 and the Deschutes County Comprehensive
Plan to Recognize Non -resource Lands Process
Allowed under State law to change Exclusive Farm
Use zoning.
ORDINANCE NO. 2016-005
WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments
(Planning Division File No. TA -16 -000022 -PA) to the Deschutes County Comprehensive Plan, Chapter 2,
Resource Management, and Chapter 3, Rural Growth Management to recognize non -resource lands process
allowed under State law to change Exclusive Farm Use zoning; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on March 10,
2016 and forwarded to the Deschutes County Board of County Commissioners ("Board"), a recommendation of
denial; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on October 24, 2016,
and concluded that the public will benefit from the proposed changes to the Deschutes County Comprehensive
Plan Chapters 3 and 4 and Deschutes County Code ("DCC") Title 23; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 23.01.010, Introduction, is amended to read as described in Exhibit
"A," attached hereto and by this reference incorporated herein, with new language underlined and language to
be deleted in stril >threugh.
Section 2. AMENDMENT. Deschutes County Comprehensive Plan Chapter 2, Resource
Management, is amended to read as described in Exhibit "B," attached hereto and by this reference incorporated
herein, with new language underlined and language to be deleted in etrikethrough.
Section 3. AMENDMENT. Deschutes County Comprehensive Plan Chapter 3, Rural Growth
Management, is amended to read as described in Exhibit "C," attached hereto and by this reference incorporated
herein, with new language underlined and language to be deleted in striketiffeugh.
Section 4. AMENDMENT. Deschutes County Comprehensive Plan Chapter 5, Supplementary
Sections, is amended to read as described in Exhibit "D," attached hereto and by this reference incorporated
herein, with new language underlined and language to be deleted in strikethrough.
H/
PAGE 1 OF 2 - ORDINANCE NO. 2016-005
Section 5. FINDINGS. The Board adopts as its findings Exhibit "E", attached and incorporated by
reference herein. /—
Dated this ��of i - (/ 7 , 2016 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALAN UNGER, Chair
ATTEST:
(b-(4,a,t.c.L
TAMMY BANEY, Vihair
Recording Secretary ANTHONY DEBONE, Commissioner
Date of 1St Reading: 9- day of , 2016.
Date of 2nd Reading: Ti day of Aid -"K" , 2016.
Commissioner
Anthony DeBone
Alan Unger
Tammy Baney
44
Effective date: -.Z day of
Record of Adoption Vote:
Yes No Abstained Excused
PAGE 2 OF 2 - ORDINANCE NO. 2016-005
(f.314 -6:r7
Chapter 23.01 COMPREHENSIVE PLAN
23.01.010. Introduction.
A. The Deschutes County Comprehensive Plan, adopted by the Board in
found on the Deschutes County Community Development Depai linen
reference herein.
B. The Deschutes County Comprehensive Plan amendments, adopted by
2011-027, are incorporated by reference herein.
C. The Deschutes County Comprehensive Plan amendments, adopted by
2012-005, are incorporated by reference herein.
D. The Deschutes County Comprehensive Plan amendments, adopted by
2012-012, are incorporated by reference herein.
E. The Deschutes County Comprehensive Plan amendments, adopted by
2012-016, are incorporated by reference herein.
F. The Deschutes County Comprehensive Plan amendments, adopted by
2013-002, are incorporated by reference herein.
G. The Deschutes County Comprehensive Plan amendments, adopted by
2013-009, are incorporated by reference herein.
H. The Deschutes County Comprehensive Plan amendments, adopted by
2013-012, are incorporated by reference herein.
I. The Deschutes County Comprehensive Plan amendments, adopted by
2013-007, are incorporated by reference herein.
J. The Deschutes County Comprehensive Plan amendments, adopted by
2014-005, are incorporated by reference herein.
K. The Deschutes County Comprehensive Plan amendments, adopted by
2014-006, are incorporated by reference herein.
L. The Deschutes County Comprehensive Plan amendments, adopted by
2014-012, are incorporated by reference herein.
M. The Deschutes County Comprehensive Plan amendments, adopted by
2014-021, are incorporated by reference herein.
N. The Deschutes County Comprehensive Plan amendments, adopted by
2014-027, are incorporated by reference herein.
O. The Deschutes Countv Comprehensive Plan amendments. adopted bv
2016-005, are incorporated bv reference herein.
Ordinance 2011-003 and
t website, is incorporated by
the Board in Ordinance
the Board in Ordinance
the Board in Ordinance
the Board in Ordinance
the Board in Ordinance
the Board in Ordinance
the Board in Ordinance
the Board in Ordinance
the Board in Ordinance
the Board in Ordinance
the Board in Ordinance
the Board in Ordinance
the Board in Ordinance
the Board in Ordinance
(Ord. 2016-005 & 1, 2016: Ord. 2014-027 § 1, 2014; Ord. 2014-021 §1, 2014; Ord. 2014-012 §1, 2014;
Ord. 2014-006 §2, 2013; Ord. 2014-005 §2; Ord. 2013-012 §2, 2013; Ord. 2013-009 §2, 2013; Ord.
2013-007 §1, 2013; Ord. 2013-002 §1, 2013; Ord. 2013-001 §1, 2013; Ord. 2012-016 §1, 2012; Ord.
2012-013 §1, 2012; Ord. 2012-005 §1, 2012; Ord. 2011-027 §1 through 12, 2011; Ord. 2011-017
repealed; Ord.2011-003 §3, 2011)
To view the Comprehensive Plan, type http://www.deschutes.org/compplan into your web browser.
[Laserfiche can't do links.]
Page 1 of 1- EXHIBIT A TO ORDINANCE NO. 2016-005
sect'avi, 2.2 Agriztaural, LaiA,ols
Background
Protecting farm lands and the economic benefits of agriculture is one of the primary goals of
the Oregon land use system. Statewide Planning Goal 3 establishes farmland identification and
protection standards which must be met by local governments. The Goal requires farm lands to
be preserved for farm uses, consistent with existing and future needs for agricultural products,
forest and open space. Additional criteria for Goal 3 can be found in Oregon Revised Statute
(ORS) 215 and in Oregon Administrative Rule (OAR) 660-33. These criteria spell out in
considerable detail which lands shall be designated as farm lands and what uses are permissible.
The main concept is that local governments must inventory and protect farm lands though the
use of Exclusive Farm Use (EFU) zones that provide primarily for the continuation of
commercial -scale agriculture, including farm operations, marketing outlets and the agricultural
support system. To provide a science based method of identifying farm lands, Statewide Goal 3
defines agricultural lands primarily through soil classifications. However, other lands can, and
often must, be classified for farming based on the criterion `suitable for farm use' or being near
agricultural lands.
Excerpt from Statewide Planning Goal 3
"Agricultural Land ... in eastern Oregon is land of predominantly Class I, II, III, IV, V
and VI soils as identified in the Soil Capability Classification System of the United States
Soil Conservation Service, and other lands which are suitable for farm use taking into
consideration soil fertility, suitability for grazing climatic conditions, existing and future
availability of water for farm irrigation purposes, existing land -use patterns,
technological and energy inputs required, or accepted farming practices. Lands in other
classes which are necessary to permit farm practices to be undertaken on adjacent or
nearby lands, shall be included as agricultural land in any event.
More detailed soil data to define agricultural land may be used by local governments if
such data permits achievement of this goal.
Agricultural land does not include land within acknowledged urban growth boundaries
or land within acknowledged exceptions to Goals 3 or 4."
Besides Statewide Goal 3, farming is protected in Oregon by "right -to -farm" law (ORS 30.930-
047). This law protects commercial farms from nuisance suits brought about by generally
accepted farming practices, such as noise, dust or odors.
County Agricultural Designations
Farm land designations in Deschutes County have been and continue to be highly controversial.
In designating farm lands in the late 1970s, the County was hampered by the limited availability
of soil maps. Where soil maps existed those were consulted, but the County also included
irrigated lands and lands receiving farm deferrals for the previous five years. Ultimately, seven
separate agricultural areas were identified, each specifying minimum lot sizes. In general, non-
urban, non -forest, undeveloped and uncommitted lands were determined to be farm lands.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 201 1
CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.2 AGRICULTURAL LANDS
PAGE 1 OF 9- EXHIBIT B TO ORDINANCE NO. 2016-005
Despite designating many agricultural areas by default, the 1979 Resource Element noted that
based on agricultural determinants of soils, water, climate and economics, profitable farming in
the County remained difficult. The findings for protecting non-profitable agricultural land noted
the aesthetic value of farm land, the costs and hazards of allowing local development and the
economic importance of rural open space.
In 1992 a commercial farm study was completed as part of the State required periodic review
process. The study concluded that irrigation is the controlling variable for defining farm lands in
Deschutes County. Soil classifications improve when water is available. Seven new agricultural
subzones were identified based on the factual data provided in the 1992 study and minimum
acreages were defined based on the typical number of irrigated acres used by commercial farms
in that particular subzone (with the exception of the Horse Ridge subzone).
Like the 1979 Resource Element, the 1992 farm study noted the challenges of local commercial
farming. The high elevation (2700-3500 feet), short growing season (88-100 days), low rainfall
and distance to major markets hamper profitability. The 1992 study resulted in minimum lot
sizes that are smaller than the State requirement of 80 acres for farm land and 160 acres for
range land. These minimum lot sizes are unique in Oregon and were acknowledged as in
compliance with Goal 3 by the Oregon Land Conservation and Development Commission. In
general, County farm designations are effectively protecting farm lands while allowing limited
land divisions.
Deschutes County Agricultural Sub -Zones
As noted above, the County maintains a unique set of farm sub -zones based on the average
number of irrigated acres for each type of farm land as determined in the 1992 farm study.
Irrigated land divisions in each sub -zone must result in parcels that retain the acreages shown in
Table 2.2.1.
Table 2.2.1 - Exclusive Farm Use Subzones
Subzone Name
Lower Bridge
Sisters/Cloverdale
Terrebonne
Tumalo/Redmond/Bend
Alfalfa
La Pine
Horse Ridge East
Source: Deschutes County 1992 Farm Study
Minimum
Acres
130
63
35
23
36
37
320
Profile
Irrigated field crops, hay and pasture
Irrigated alfalfa, hay and pasture, wooded grazing
and some field crops
Irrigated hay and pasture
Irrigated pasture and some hay
Irrigated hay and pasture
Riparian meadows, grazing and meadow hay
Rangeland grazing
Irrigation Districts
As shown in the 1992 farm study, irrigation and irrigation districts are instrumental factors for
Deschutes County agriculture. Irrigation districts in Oregon are organized as Special Districts
under ORS Chapter 545. The districts are created for the purpose of delivering water to their
patrons. As such they are effectively non-profit water user associations. In addition to
irrigation, these districts also supply a number of other uses, including municipal, industrial, and
DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011
CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.2 AGRICULTURAL LANDS
PAGE 2 of 9- EXHIBIT B TO ORDINANCE NO. 2016-005
pond maintenance. However, by and large the districts exist for
the purposes of delivering irrigation.
Seven districts, which withdraw their water supply from the
Deschutes River Basin, have formed an intergovernmental unit
called a "board of control" under ORS 190.125. This
organizational structure allows the districts to work together as
a unit in implementing water conservation projects, providing
educational resources, utilizing equipment and for other joint
purposes. A key goal for the Deschutes Basin Board of Control
is to preserve agricultural uses in those areas where irrigation
improves soils to class VI or better.
The six irrigation districts listed below serve residents or have facilities within Deschutes
County and are members of the Deschutes Basin Board of Control.
Arnold Irrigation District
The present Arnold Irrigation District was first organized as the Arnold Irrigation Company on
December 27, 1904 and became official on January 9, 1905. As of 2010 the district manages
approximately 65 miles of canals, ditches and pipes in an area of approximately 18,560 acres.
Central Oregon Irrigation District
The Central Oregon Irrigation District (COID) was established in 1918. The District provides
water for approximately 45,000 acres within an 180,000 acre area in Central Oregon. More
than 700 miles of canals provide agricultural and industrial water to irrigate Terrebonne,
Redmond, Bend, Alfalfa and Powell Butte areas. In addition, COID provides water to the City
of Redmond and numerous subdivisions. In Bend, many parks and schools receive water
through the COID system. COID is also the managing partner in the operation of the 55,000
acre foot Crane Prairie Reservoir, located on the east side of the Central Cascades.
North Unit Irrigation District
The North Unit Irrigation District (NUID) was organized in 1916. As part of the Reclamation
Act of 1902, Congress approved the Deschutes Project and in 1927 began construction of the
project under the direction of the U.S. Bureau of Reclamation. The project was completed in
1949 allowing NUID to serve nearly 50,000 acres. Today NUID is the second largest irrigation
district in Oregon, serving approximately 59,000 acres in Jefferson County. NUID maintains
facilities in Deschutes County, including Wickiup Dam, Bend Headworks and the North Unit
Irrigation Canal. NUID has a long-standing relationship with the U.S. Bureau of Reclamation as a
result of the Deschutes Project.
Swalley Irrigation District
The Swalley Irrigation District was organized as the Deschutes Reclamation and Irrigation
Company (DRIC) in 1899. In 1994 the shareholders of the DRIC voted to incorporate as an
irrigation district and took the name of Swalley Irrigation District. The District has 28 miles of
canals and laterals providing water to 667 customers.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 201
CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.2 AGRICULTURAL LANDS
PAGE 3 OF 9- EXHIBIT B TO ORDINANCE NO. 2016-005
Three Sisters Irrigation District
The Three Sisters Irrigation District (formerly Squaw Creek Irrigation District) was founded in
1917 from the Squaw Creek Irrigation Company and the Cloverdale Irrigation Company. They
were founded in 1891 and 1903 respectively, making Three Sisters Irrigation District one of the
oldest such districts in Oregon. The District serves approximately 175 water users over
approximately 7,568 acres.
Tumalo Irrigation District
Originally known as the Tumalo Project, Tumalo Irrigation District started in 1904. In 1922 the
Project reorganized as an irrigation district under Oregon state laws. The District serves
approximately 60 square miles, irrigating approximately 8,093 acres, and has over 80 miles of
canals, laterals and ditches serving 635 landowners.
Deschutes County Agriculture 2007 - 2009
The following statistics provide a snapshot of farming in Deschutes County.
Source: County GIS data
• Approximately 36% of the County or more than 700,000 acres are designated as
Agriculture on the Comprehensive Plan map. Of that acreage, 69% is public, primarily
Federal ownership leaving approximately 224,000 acres privately held.
■ 160,078 acres of privately owned farm lands in the County receive special tax assessment
for farm use.
• Of the acres receiving farm tax assessments, 44,221 are irrigated.
• In 2008 there were 3,725 agricultural parcels less than five acres.
Source: Oregon State University Extension Oregon Agricultural Information Network, Deschutes County
Agricultural Commodity Sales for 2009 (preliminary estimate)
• $19,792,000 in agricultural sales, a drop from the 2008 preliminary estimate of
$25,991,000. This follows slight upturns in sales between 2006-2008.
• 62% of agriculture sales are in crops and 38% in livestock. The primary crops are hay and
alfalfa hay while the primary livestock is cattle. The biggest downturns for 2009 are non -
alfalfa hay and cattle.
Source: United States Department of Agriculture, National Agricultural Statistics Service 2007 Census
of Agriculture
■ There are 1,405 farms in Deschutes County residing on 129,369 acres
• Average farm size 92 acres
• Approximately 24% of farms are under 10 acres and 78% are under 50 acres
• Total net cash farm income is negative
• 59% of farmers list their primary occupation as `Other' rather than farming
The above data highlights the fact that farming in Deschutes
County is generally not commercially profitable. For a majority
of farmers, farming is not a sustaining economic activity, but
rather a lifestyle choice. Living on a farm and farming as a
secondary economic activity acknowledge a shift from
commercial farming towards the benefits of a rural lifestyle.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.2 AGRICULTURAL LANDS
PAGE 4 OF 9- EXHIBIT B TO ORDINANCE NO. 2016-005
Farm Trends 2010
Whatever the challenges, agriculture is part of Deschutes County's culture and rural lifestyle.
During the public input process, various ideas were discussed on how to preserve agricultural
lands, open spaces and rural character of the County, while enabling landowners to make a
living. The following ideas identify current trends that could be promoted by the County in
conjunction with the local extension service and other agencies and organizations. It is
important to emphasize that new uses must conform to State regulations.
Alternative energy: Development of small alternative energy projects would promote local
energy self-sufficiency, using Central Oregon's sun, wind, thermal, hydropower and biomass
resources. Larger agricultural parcels could be used as commercial wind or solar farms to
provide renewable energy as well as income to landowners.
Alternative uses: There is interest in allowing non-farm uses on farm lands to take advantage of
agrarian lifestyles and Central Oregon's setting. Ideas being discussed include agri-tourism or
hosting weddings. Nonetheless, new non-farm uses must be evaluated to ensure they are
compatible with ORS and OARs as well as existing land uses and zoning.
Local markets: Products from small farms are often sold to local markets. Additionally local
consumption saves on transportation and energy, allowing better tracking of food sources
thereby increasing food safety and improving freshness and quality. Buying local is a current
trend that could benefit the County's many small farmers. Community Supported Agriculture is
one popular method, where farmers obtain paid subscriptions from customers, who then
receive fresh produce every week for the season. Farmers markets and farm stands are another
aspect of the local food movement.
Conservation easements: Many states are using programs to put permanent conservation
easements on farm lands. As an example of a program that is not yet available in Oregon is the
Purchase of Agricultural Conservation Easements (PACE). Funded by the federal government
and a combination of other sources, PACE purchases development rights from farmers.
Niche markets: Small quantities or specialized products can be raised to meet particular markets,
like organic products or peppermint oil.
Value-added products: Processing crops can increase profitability. An example would be making
jam or jelly out of locally grown berries.
Farm Councils: Farm councils are being initiated around the country to promote local sustainable
food. The Central Oregon Food Policy Council (COFPC) formed in 2010 to lead the effort to a
sustainable and just food system. The COFPC is made up of 12-15 volunteers including
representatives from agricultural production, public health, government and others interested
in the local food system. Identified strategies include supporting access to local healthy food,
advocating for public policies that increase sustainable food production and connecting
stakeholders in the food systems field.
Big Look
In 2005 a task force was appointed by the Oregon Governor, Speaker of the House and Senate
President to review the current land use system. The Oregon Task Force on Land Use Planning
was a 10 -member group representing various perspectives, charged with conducting a
comprehensive review of the Oregon Statewide Planning Program. Called the Big Look Task
DESCHUTES COUNTY COMPREHENSIVE PLAN - 201 I
CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.2 AGRICULTURAL LANDS
PAGE 5 OF 9- EXHIBIT B TO ORDINANCE NO. 2016-005
Force, this group was asked to make recommendations for any needed changes to land -use
policy to the 2009 Legislature.
After three years of extensive input from experts and citizens throughout the State, the task
force developed its findings and recommendations. One of the primary conclusions reached
was that Oregon needs a more flexible land use system that responds to regional variations.
Two of the primary recommendations from the Task Force addressed agricultural and forest
lands, recommending:
• Counties be allowed to develop regional criteria for designating farm and forest lands, if
they also protect important natural areas and assure that development is sustainable.
• Counties be allowed to propose specialized rules to decide what lands are designated as
farm or forest land.
2009 Legislature / House Bill 2229
House Bill (HB) 2229 began as the vehicle for legislative recommendations for the Big Look
Task Force. However, by the time the Legislature adjourned, very little of the Task Force's
recommendations remained. HB 2229 does authorize counties to reevaluate resource lands
and amend their comprehensive plan designations for such lands consistent with definitions of
"agricultural land" and "forest land." For example, the County could add irrigated lands to the
regional definition of farm lands to acknowledge the results of the 1992 farm study. Anything
that does not qualify as farmland or forestland may be rezoned for non -resource use, subject
to conditions that development in the non -resource zones be rural in character, not
significantly conflict with surrounding farm and forest practices, and not have adverse affects on
such things as water quality, wildlife habitat, and fire safety. County rezoning activities must be
pursuant to a work plan approved by the Oregon Department of Land Conservation and
Development. This effectively means the work will be done similar to periodic review with the
Land Conservation and Development Commission expressly given exclusive jurisdiction to
review a county decision.
Future of Deschutes County Farm Designations and Uses
Statewide Planning Goal 3 requires counties to preserve and maintain agricultural lands.
However, in discussions on the future of agriculture in Deschutes County, there are still
differences of opinion over which lands should be designated farm lands and what uses should
be allowed. Farm lands contribute to the County in a number of ways. Agriculture is part of the
ongoing local economy. Wide-open farm lands offer a secondary benefit by providing scenic
open spaces that help attract tourist dollars. Farm lands also contribute to the rural character
that is often mentioned as important to residents. Finally, it should be noted that agricultural
lands are preserved through State policy and land use law because it is difficult to predict what
agricultural opportunities might arise, and once fragmented the opportunity to farm may be
lost.
On the other hand, there seems to be widespread agreement that much of the local farm land
is marginal, particularly without irrigation. The climate, especially the short growing season,
makes commercial farming challenging. Statewide Planning Goal 3 does not really account for
the conditions in Deschutes County, resulting in agricultural zoning being applied to land with
no history of farming and limited potential for profitable farming. The small size of agricultural
parcels adds to the challenges. It has been argued that preserving farm lands benefits the wider
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.2 AGRICULTURAL LANDS
PAGE 6 OF 9- EXHIBIT B TO ORDINANCE NO. 2016-005
public at the expense of agricultural landowners. There is considerable pressure to convert
agricultural land to residential or other uses.
The debate is complicated because there are impacts to the farming community from
converting agricultural lands to other uses. It can be challenging for a farmer who has
residential neighbors because farming activities can have noise, odor or dust impacts.
The right -to -farm law discussed earlier offers some protection to farmers, but as
residential uses grow there is pressure to convert, leading to a greater loss of
agricultural lands.
The goals and policies in this Section are intended to provide the basis for evaluating the
future of agriculture in the County over the next twenty years. They are intended to
provide, within State guidelines, flexibility to the farming community. County farm lands
will be preserved by ensuring a variety of alternative paths to profitability.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 20I
CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.2 AGRICULTURAL LANDS
PAGE 7 OF 9- EXHIBIT B TO ORDINANCE NO. 2016-005
5ectiow 2.2 Aortcu.Ltu.ral, LAvt is PoL hes
Goals and Policies
Goal I
Policy 2.2.1
Policy 2.2.2
Preserve and maintain agricultural lands and the agricultural industry.
Retain agricultural lands through Exclusive Farm Use zoning.
Exclusive Farm Use sub -zones shall remain as described in the 1992 Farm Study
and shown in the table below, unless adequate legal findings for amending the
sub -zones are adopted or an individual parcel is rezoned as allowed by Policy
2.2.3.
Exclusive Farm Use Subzones
Subzone Name
Lower Bridge
Sisters/Cloverdale
Terrebonne
Tumalo/Redmond/Bend
Alfalfa
La Pine
Horse Ridge East
Policy 2.2.3
Policy 2.2.4
Policy 2.2.5
Policy 2.2.6
Policy 2.2.7
Policy 2.2.8
Minimum
Acres
130
63
35
23
36
37
320
Profile
Irrigated field crops, hay and pasture
Irrigated alfalfa, hay and pasture, wooded grazing
and some field crops
Irrigated hay and pasture
Irrigated pasture and some hay
Irrigated hay and pasture
Riparian meadows, grazing and meadow hay
Rangeland grazing
Allow comprehensive plan and zoning map amendments, including for those that
aualifv as non -resource land. for individual EFU parcels as allowed by State
Statute, Oregon Administrative Rules and this Comprehensive Plan.
Develop comprehensive policy criteria and code to provide clarity on when and
how EFU parcels can be converted to other designations.
Uses allowed in Exclusive Farm Use zones shall comply with State Statute and
Oregon Administrative Rule.
Regularly review farm regulations to ensure compliance with changes to State
Statute, Oregon Administrative Rules and case law.
Encourage water projects that benefit agriculture.
Support a variety of methods to preserve agricultural lands, such as:
a. Support the use of grant funds and other resources to assist local farmers;
b. Work cooperatively with irrigation districts, public agencies and
representatives and land owners;
c. Encourage conservation easements, or purchase or transfer of development
rights programs;
d. Control noxious weeds;
e. Encourage a food council or 'buy local' program.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.2 AGRICULTURAL LANDS
PAGE 8 OF 9- EXHIBIT B TO ORDINANCE NO. 2015-005
Goal 2 Promote a diverse, sustainable, revenue -generating agricultural
sector.
Policy 2.2.9 Encourage farming by promoting the raising and selling of crops, livestock and/or
poultry.
Policy 2.2.10 Support stakeholders in studying and promoting economically viable agricultural
opportunities and practices.
Policy 2.2.1 1 Encourage small farming enterprises, including, but not limited to, niche markets,
organic farming, farm stands or value added products.
Policy 2.2.12 Review County Code and revise as needed to permit alternative and
supplemental farm activities that are compatible with farming, such as agri-
tourism or commercial renewable energy projects. When a preferred alternative
or supplemental use identified through a public process is not permitted by State
regulations work with the State to review and revise their regulations.
Goal 3 Ensure Exclusive Farm Use policies, classifications and codes are
consistent with local and emerging agricultural conditions and
markets.
Policy 2.2.13 Identify and retain accurately designated agricultural lands.
Policy 2.2.14 Explore new methods of identifying and classifying agricultural lands.
a. Apply for grants to review and, if needed, update farmland designations.
b. Study County agricultural designations considering elements such as water
availability, farm viability and economics, climatic conditions, land use patterns,
accepted farm practices, and impacts on public services.
c. Lobby for changes to State Statute regarding agricultural definitions specific to
Deschutes County that would allow some reclassification of agricultural lands.
Policy 2.2.15 Address land use challenges in the Horse Ridge subzone, specifically:
a. The Targe number of platted lots not meeting the minimum acreage;
b. The need for non-farm dwellings and location requirements for farm
dwellings;
c. Concerns over the impact on private property from off-road vehicles,
facilities, and trails located on adjacent public lands.
Policy 2.2.16 Work with the State to review and revise accessory farm dwelling requirements
to address the needs of local farmers.
Policy 2.2.17 Encourage coordination between fish/wildlife management organizations and
agricultural interests.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 201 1
CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.2 AGRICULTURAL LANDS
PAGE 9 OF 9- EXHIBIT B TO ORDINANCE NO. 2016-005
Secti,ovt, 3.3 R.I.t.raL fiolksimg
Background
Housing is a basic need that provides not just shelter, but connection to a wider community. A
variety of housing types and price points ensures options for people at different life stages and
needs. Oregon's statewide planning program directs cities to retain an adequate amount of land
to accommodate residential growth. Generally counties are directed to protect farms, forests
and other rural resources like wildlife while limiting new rural development. This section of the
Plan looks specifically at housing on existing and potential new parcels and how the County can
support a diverse and affordable housing supply.
Housing inside urban growth boundaries is addressed in Statewide Planning Goal 10, Housing
and OAR 660-008. Statewide Goal 2, Land Use and Goal 14, Urbanization both have sections
that address rural housing, supplemented by OAR 660-004 and 660-014. These rules refine
how new rural residential lots can be created. The Deschutes County housing policies provide
the framework for residential development. The policies further delineate the role of the
County in facilitating the availability of an affordable and quality housing stock within both urban
and rural communities.
Rural Residential Exception Areas
In Deschutes County most rural lands are designated for farms, forests or other resources and
protected as described in the Resource Management chapter of this Plan. The majority of the
land not recognized as resource lands or Unincorporated Community is designated Rural
Residential Exception Area. The County had to follow a process under Statewide Goal 2 to
explain why these lands did not warrant farm or forest zoning. The major determinant was that
many of these lands were platted for residential use before Statewide Planning was adopted.
In 1979 the County assessed that there were over 17,000 undeveloped Rural Residential
Exception Area parcels, enough to meet anticipated demand for new rural housing. As of 2010
any new Rural Residential Exception Areas need to be justified through initiating a non -
resource plan amendment and zone change by demonstrating the property does not meet the
definition of agricultural or forest land. or taking exceptions to farm, forest, public facilities and
services and urbanization regulations, and follow guidelines set out in the OAR.
Rural Residential Exception Areas 2009
Source: County GIS data
■ 71,000 acres of Rural Residential Exception Area (including right-of-way)
■ 64,000 acres of Rural Residential Exception Area (excluding right-of-way)
■ 24,750 Rural Residential Exception Area lots
■ 18,100 Rural Residential Exception Area lots that are developed
Future of Rural Housing in Deschutes County
In looking at rural housing growth, it is important to find the balance between protecting rural
values and protecting property rights. In community meetings some people expressed concern
over the level of new development that has been allowed while others highlighted the
DESCHUTES COUNTY COMPREHENSIVE PLAN - 20I I
CHAPTER 3 RURAL GROWTH MANAGEMENT REFERENCES
PAGE I OF 3 - EXHIBIT C TO ORDINANCE NO. 2016-005
restrictions on their property that do not permit it. Too much development can lead to the
destruction of the qualities that bring people to Deschutes County, while too many restrictions
keep out people who would choose a rural lifestyle.
Housing Legality, Public Health and Safety
One issue meriting attention is the need to be sure housing is legally developed. A house built
without proper land use permits may not meet required setbacks or other regulations, causing
legal disputes between neighbors. A house built without proper building permits could be
constructed shoddily, causing safety issues. Land use and building permit requirements
therefore are intended to safeguard the rights of property owners and neighbors. Historically,
there have been problems in the County with substandard housing. Over the years substandard
housing has become Tess of an issue. However, there are still areas where development has
occurred without land use or building permits, leading to numerous code complaints. An area
of south County, known as Section 36, has been identified as one place that the County could
work closely with local residents to address health and safety issues. Another health and safety
issue that came up in public meetings is the need to regulate large animals on residential lots.
The idea is to control odors and flies that can accumulate and impact neighbors. Research on
how large animals are regulated in other counties would provide some direction on this issue.
Housing Diversity
A challenge for the County given rural housing restrictions is how to support a diversity of
housing to meet the needs of the community, while retaining the rural character important to
residents. Deschutes County requires a 10 acre minimum lot size for new rural residential lots
in order to protect the rural quality of life and its resources. Yet, the 10 acre minimum raises
the cost of rural housing and may limit the rural lifestyle to households at the upper end of the
income spectrum. Additionally much of the new rural housing being built is located in high-end
destination resorts. This slant towards high priced rural housing is mitigated somewhat by the
thousands of small lots that were platted before land use laws were enacted. These smaller Tots
provide an opportunity for less expensive housing.
One way the County can address the need for housing options is to promote the idea of
housing alternatives such as co -housing or accessory dwelling units. Currently these alternatives
are not permitted by State regulations that protect rural lands. Co -housing involves creating a
community through clustered housing. Accessory dwelling units, sometimes known as granny
flats, are small units accessory to the main housing. Regulated correctly, housing alternatives
could provide flexibility in rural housing. The first step in permitting housing variety is to initiate
a discussion with the State on how and where these types of housing would be appropriate.
Another way to support a diversity of housing is to work closely with agencies and jurisdictions
that promote it. The public corporation responsible for promoting affordable housing initiatives
in Deschutes, Jefferson and Crook Counties is the Central Oregon Regional Housing Authority,
also known as Housing Works. Organized under the Oregon Housing Authority Law (ORS
456), this agency provides affordable housing services to low income households. They also
engage in public/private partnerships to provide and manage affordable housing. Cities are also
involved in providing a diversity of housing. Promoting a variety of housing choices and mix of
price points can be achieved through cooperating with Housing Works and local cities, the
donation of County property, or other means.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 3 RURAL GROWTH MANAGEMENT REFERENCES
PAGE 2 OF 3 - EXHIBIT C TO ORDINANCE NO. 2016-005
Secti,ov►.3.3 Rural, Hotetsimis PDL'C'es
Goals and Policies
Goal I
Policy 3.3.1
Policy 3.3.2
Policy 3.3.3
Policy 3.3.4
Policy 3.3.5
Maintain the rural character and safety of housing in unincorporated
Deschutes County.
The minimum parcel size for new rural residential parcels shall be 10 acres.
Incorporate annual farm and forest housing reports into a wider system for
tracking the cumulative impacts of rural housing development.
Address housing health and safety issues raised by the public, such as:
a. The number of large animals that should be permitted on rural residential
parcels; or
b. The properties south of La Pine, in Township 22S, Range 1 OE, Section 36,
many of which are not in compliance with planning and building codes.
Encourage new subdivisions to incorporate alternative development patterns,
such as cluster development, that mitigate community and environmental
impacts.
Maintain the rural character of the County while ensuring a diversity of housing
opportunities, including initiating discussions to amend State Statute and/or
Oregon Administrative Rules to permit accessory dwelling units in Exclusive
Farm Use, Forest and Rural Residential zones.
Goal 2 Support agencies and non -profits that provide affordable housing.
Policy 3.3.6
Policy 3.3.7
Support Central Oregon Regional Housing Authority and other stakeholders to
meet the housing needs of all Deschutes County residents.
a. Assist as needed in coordinating and implementing housing assistance
programs.
b. Support efforts to provide affordable and workforce housing in urban growth
boundaries and unincorporated communities.
Utilize block grants and other funding to assist in providing and maintaining low
and moderate income housing.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 20 1 1
CHAPTER 3 RURAL GROWTH MANAGEMENT REFERENCES
PAGE 3 OF 3 - EXHIBIT C TO ORDINANCE NO. 2016-005
secti,ow 5.12 Legl,statwe History
Background
This section contains the legislative history of this Comprehensive Plan.
Table 5.1 1.1 Comprehensive Plan Ordinance History
Date Adopted/
Effective
Ordinance
2011-003 8-10-1 1/ 1 1-9-1 1
2011-027
10-31-11/11-9-11
Chapter/Section Amendment
All, except
Transportation, Tumalo
and Terrebonne
Community Plans,
Deschutes Junction,
Destination Resorts and
ordinances adopted in
2011
2.5, 2.6, 3.4, 3.10, 3.5,
4.6, 5.3, 5.8, 5.11,
23.40A, 23.40B,
23.40.065, 23.01.010
23.60, 23.64 (repealed),
2012-005 8-20-12/11-19-12 3.7 (revised), Appendix C
(added)
2012-012 8-20-12/8-20-12 4.1, 4.2
2012-016 12-3-12/3-4-13
2013-002 1-7-13/1-7-13
2013-009 2-6-13/5-8-13
2013-012 5-8-13/8-6-13
2013-007 5-29-I3/8-27-13
3.9
4.2
1.3
23.01.010
3.10, 3.1 1
Page 1 of 2 - EXHIBIT D TO ORDINANCE NO. 2016-005
Comprehensive Plan update
Housekeeping amendments to
ensure a smooth transition to
the updated Plan
Updated Transportation
System Plan
La Pine Urban Growth
Boundary
Housekeeping amendments to
Destination Resort Chapter
Central Oregon Regional
Large -lot Employment Land
Need Analysis
Comprehensive Plan Map
Amendment, changing
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan Map
Amendment, including certain
property within City of Bend
Urban Growth Boundary
Newberry Country: A Plan
for Southern Deschutes
County
2013-016 10-21-13/10-21-13 23.01.010
2014-005 2-26-14/2-26-14 23.01.010
2014-012 4-2-14/7-1-14 3.10, 3.11
2014-021 8-27-14/11-25-14 23.01.010, 5.10
2016-005 TBD
23.01.010. 2.2. 3.3
Page 2 of 2 -EXHIBIT D TO ORDINANCE NO. 2016-005
Comprehensive Plan Map
Amendment, including certain
property within City of Sisters
Urban Growth Boundary
Comprehensive Plan Map
Amendment, including certain
property within City of Bend
Urban Growth Boundary
Housekeeping amendments to
Title 23.
Comprehensive Plan Map
Amendment, changing
designation of certain
property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
Comprehensive Plan
Amendment recognizing non -
resource lands process
allowed under State law to
change EFU zoning
I. APPLICABLE CRITERIA:
Title 22, Deschutes County Development Procedures Ordinance
II. BASIC FINDINGS:
A. PROPOSAL: 1) Text amendment to Comprehensive Plan, Chapter 2, Section
2.2 and Chapter 3, Section 3.3, recognizing non -resource lands process allowed
under State law to change Exclusive Farm Use zoning; 2) Text amendment to
zoning code providing a definition of agricultural -exempt and equine buildings;
and, 3) Reducing setbacks in Forest Use (F-2 zone), for Haner Park Subdivision
and an adjoining three acre tax lot.
1I1. CONCLUSIONARY FINDINGS:
A. CHAPTER 22.12, LEGISLATIVE PROCEDURES
1. Section 22.12.010.
Hearing Required
FINDING: The applicant meets this criterion because a public hearing will be held
before the Deschutes County Board of County Commissioners (Board) on October 24,
2016.
2. Section 22.12.020. Notice
Notice
A. Published Notice
1. Notice of a legislative change shall be published in a
newspaper of general circulation in the county at least 10 days
prior to each public hearing.
2. The notice shall state the time and place of the hearing and
contain a statement describing the general subject matter of the
ordinance under consideration.
FINDING: Notice is published in the Bend Bulletin newspaper on October 14, 2016 and
contained the information described in DCC 22.12.020(A)(2).
B. Posted Notice. Notice shall be posted at the discretion of the
Planning Director and where necessary to comply with ORS
203.045.
FINDING: This criterion will be met with notice posted in the bulletin board in the lobby
of the Deschutes County Community Development Department, 117 NW Lafayette,
Bend.
C. Individual notice. Individual notice to property owners, as
defined in DCC 22.08.010(A), shall be provided at the discretion
of the Planning Director, except as required by ORS 215.503.
PAGE 1 OF 7 - EXHIBIT E TO ORDINANCE 2016-005
FINDING: Given the proposed amendments in question do not apply to any specific
property, no individual notices were sent or required.
D. Media notice. Copies of the notice of hearing shall be
transmitted to other newspapers published in Deschutes County.
FINDING: Notice will be provided to the County public information official for wider
media distribution. This criterion has been met.
3. Section 22.12.030 Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals
upon payment of required fees as well as by the Board of County
Commissioners.
FINDING: The application was initiated by the Deschutes County Planning Division,
which received a fee waiver. This criterion has been met.
4. Section 22.12.040. Hearinas Body
A. The following shall serve as hearings or review body for
legislative changes in this order:
1. The Planning Commission.
2. The Board of County Commissioners.
FINDING: This criterion will be met.
B. Any legislative change initiated by the Board of County
Commissioners shall be reviewed by the Planning Commission prior
to action being taken by the Board of Commissioners.
FINDING: The Planning Commission held a public hearing on March 10, 2016, and
reviewed the proposed changes. That same day, the Planning Commission voted in
support of the proposed definitions of agricultural/equine exempt buildings and setback
standard for Haner Park. Deliberations were continued to March 24 and the Planning
Commission voted to not support the proposed comprehensive plan amendments
relating to the non -resource lands process allowed under State law to change EFU
zoning.
5. Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: If approved, the proposed legislative changes included in file nos. 247-16-
000021-TA/247-16-000022-PA will be implemented by ordinances upon approval and
adoption by the Board; this criterion will be met.
IV. PROPOSED TEXT AMENDMENTS:
The proposed text amendments are detailed in the Exhibits A -D attached hereto with
additional text identified by underline and deleted text by etrik�crncethrthrougih. Below are
explanations of the proposed changes.
PAGE 2 OF 7 - EXHIBIT E TO ORDINANCE 2016-005
A. Text Amendment To Comprehensive Plan, Chapter 2, Section 2.2 And Chapter
3, Section 3.3, Recognizing Non -Resource Lands Process Allowed Under State
Law To Change Exclusive Farm Use Zoning.
In designating farm lands in the late 1970s, the County was hampered by the limited
availability of soil maps. Where soil maps from the NRCS existed those were consulted,
but the County also included irrigated lands and lands receiving farm deferrals for the
previous five years and site visits. In general, non -urban, non -forest, undeveloped and
uncommitted lands were determined to be farm lands. This designation by default
resulted in some areas being designation agricultural based on best available
information.
In previous decisions on proposed plan amendments, county hearings officers and the
Board have determined that land use planning, implemented through Deschutes County
Comprehensive Plan policies and zoning, enables rural property owners with EFU
zoning to demonstrate in a quasi-judicial process, with evidence supporting findings that
a subject property does not constitute "agricultural lands" as defined in Goal 3 and
Oregon Administrative Rule (OAR) 660-033-0020(1). Further, if the property does not
meet the definition of agricultural lands then an exception to Goal 3 is not required which
is the typical path for redesignation. The Land Use Board of Appeals affirmed this
approach in Wetherell v. Douglas County, _Or LUBA_, (LUBA No. 2006-122, October
9, 2006).
Oregon Administrative Rules (OAR) Division 4 interprets the requirements of Goal 2
(Land Use Planning) and ORS 197.732 regarding exceptions. The definition for
nonresource lands is described in OAR 660-004-0005(3):
• "Land not subject to any of the statewide goals listed in OAR 660-004-0010(1)(a)
through (g) except subsections (c) and (d). Nothing in these definitions is meant
to imply that other goals, particularly Goal 5, do not apply to nonresource land." 1
Policy 2.2.3 directs Deschutes County to:
Allow comprehensive plan and zoning map amendment for individual EFU
parcels as allowed by State Statute, Oregon Administrative Rules and this
Comprehensive plan.
1
OAR 660-004-0010:
(1) The exceptions process is not applicable to Statewide Goal 1 "Citizen Involvement" and Goal 2 "Land
Use Planning." The exceptions process is generally applicable to all or part of those statewide goals that
prescribe or restrict certain uses of resource land, restrict urban uses on rural land, or limit the provision of
certain public facilities and services. These statewide goals include but are not limited to:
(a) Goal 3 "Agricultural Lands"; however, an exception to Goal 3 "Agricultural Lands" is not required for any
of the farm or nonfarm uses allowed in an exclusive farm use (EFU) zone under ORS chapter 215 and OAR
chapter 660, division 33, "Agricultural Lands", except as provided under OAR 660-004-0022 regarding a use
authorized by a statewide planning goal that cannot comply with the approval standards for that type of use;
htto://arcweb.sos.state.or.us/paoes/rules/oars 600/oar 660/660 004.html
PAGE 3 OF 7 - EXHIBIT E TO ORDINANCE 2016-005
A Hearings Officer in a decision in NNP (PA -13-1, ZC-13-1) held any failure on the
county's part to adopt comprehensive plan policies and code provisions describing the
circumstances under which EFU-zone land may be converted to a non -resource
designation and zoning codes does not preclude the county from considering quasi-
judicial plan amendment and zone change applications to remove EFU zoning. This plan
amendment further clarifies that the County intends to allow the non -resource lands
process allowed under State law to change EFU zoning.
The proposed amendment acknowledges this existing path to change land currently
designated resource to a non -resource designation as allowed by state law.
On March 24, the Planning Commission voted to not recommend approval the proposed
amendments.
B. Text Amendment To Zoning Code Providing A Definition Of Agricultural -
Exempt and Equine Buildings.
State law (ORS 455.315)2 allows exemption from the requirement for a building
permit and inspections under Oregon State Structural Specialty Code (electrical,
plumbing, and mechanical permits are always required). Since 2001, the authority to
approve an agricultural exempt building resides with the Building Official. A formal
application requires the County Planning Division to provide input on whether the
property is a farm. Deschutes County's zoning ordinances do not define "farm" or
provide a basis for making a determination on whether a property constitutes a farm.
Until the late 1990s, the Oregon Uniform Building Code (UBC) defined farm as "farm
use" — the same as in ORS 215.203 (the EFU Zone). However, when the state
changed to the International Building Code (IBC), "farm" was not defined. "Farm
use" is defined in Deschutes County Code and ORS 215.203 as:
"Farm use" means the current employment of land for the primary purpose of
obtaining a profit in money by raising, harvesting and selling crops or by the
feeding, breeding, management and sale of, or the produce of, livestock, poultry,
fur -bearing animals or honeybees or for dairying and the sale of dairy products or
any other agricultural or horticultural use or animal husbandry or any combination
thereof. "Farm use" includes the preparation, storage and disposal by marketing
or otherwise of the products or by-products raised on such land for human or
animal use. "Farm Use" also includes the current employment of the land for the
primary purpose of obtaining a profit in money by stabling or training equines,
including but not limited to, providing riding lessons, training clinics and schooling
shows. "Farm use" also includes the propagation, cultivation, maintenance and
harvesting of aquatic species and bird and animal species to the extent allowed
by the rules adopted by the State Fish and Wildlife Commission. "Farm use"
includes the on-site construction and maintenance of equipment and facilities
used for the activities described above. "Farm use" does not include the use of
land subject to the provisions of ORS chapter 321, except land used exclusively
for growing cultured Christmas trees as defined in ORS 215.203(3). Current
2 ORS 455: httos://www.oreaonleaislature.00v/bills laws/ors/ors455.html
PAGE 4 OF 7 - EXHIBIT E TO ORDINANCE 2016-005
employment of the land for farm use also includes those uses listed under ORS
215.203(2)(b).
CDD's internal policy is a property must be receiving farm deferral and zoned EFU to
qualify. Below are approaches used by other central, eastern and western Oregon
counties. Most provide clear and objective standards to determine what constitutes a
farm for the purposes of making decisions on agricultural exempt buildings.
• Crook County
Agricultural Exempt Building: Property must qualify for "farm use" (land must
be currently employed for the primary purpose of obtaining profit in money).
The property must also either be at least 80 acres in size or currently
employed in a farm use and that such use has produced at least $40,000 in
gross annual income in at least 2 of the previous 5 years.
Equine Exempt Building: Same as above but the structure must only be used
for stabling or training equines including but not limited to providing riding
lessons, training clinics and schooling shows; storage of hay; and property
owners must own at least one equine or have the applicable land use
approval for an equine facility (such as riding lessons, training, schooling,
boarding) in the zone.
• Jackson County
Agricultural Exempt Building: Property must be receiving farm deferral.
Equine Exempt Building: Same as above and it must be located on a farm.
Structure must only be used for stabling or training equines including but not
limited to providing riding lessons, training clinics.
• Jefferson County
Agricultural Exempt and Eauine Building: Property automatically qualifies if it
is located in the EFU zone and in farm deferral.
• Klamath County
Aaricultural and Eauine Exempt Building: Property automatically qualifies if it
is either located in the EFU zone or if not, in farm deferral.
• Lake County
Aaricultural Exempt Building: Property must qualify for "farm use" (land must
be currently employed for the primary purpose of obtaining profit in money).
Equine Exempt Building: Same as above and it must be located on a farm.
Structure must only be used for stabling or training equines including but not
limited to providing riding lessons, training clinics.
PAGE 5 OF 7 — EXHIBIT E TO ORDINANCE 2016-005
Staff is proposing a definition for agricultural and equine exempt building that applies
to property receiving farm deferral, regardless of the underlying zone. According to
the Oregon Department of Revenue, if land is in an EFU zone and is used primarily
to make a profit by farming, it qualifies for special farm -use assessment. If land is not
in an EFU zone but is used as farmland, it may receive the same assessment given
to all qualifying EFU farmland.
This text amendment is consistent with Agricultural Lands, Policy 2.28, which states:
Support a variety of methods to preserve agricultural lands, such as:
a. Support the use of grant funds and other resources to assist local farmers;
b. Work cooperatively with irrigation districts, public agencies and
representatives and land owners;
c. Encourage conservation easements, or purchase or transfer of
development rights programs;
d. Control noxious weeds;
e. Encourage a food council or 'buy local' program.
Allowing property owners with farm deferral status to receive agricultural exempt
buildings helps preserve agricultural lands and promote farm uses by preserving time
and expense that would otherwise go towards obtaining a building permit.
On March 10' the Planning Commission voted to recommend approval of the
proposed amendment with the staff recommended additional text that specifies the
agricultural building or equine facility is located on the property (lot or parcel)
receiving special assessment for farm use as implemented by the County Assessor's
Office.
In addition, internal discussions between Planning and Building Division since the
Planning Commission deliberations have resulted in a recommendation to add a
citation of the applicable state statute (ORS 455.315) to the proposed definition. This
provides clarity through reference to the applicable statewide standards for
agricultural buildings and equine facilities but does not change the substance of the
definition.
With both the recommendations of the Planning Commission and the additional
reference offered by staff, the proposed definition for consideration reads:
"Agricultural building or equine facility" means buildings and structures that are
exempt from the State of Oregon Structural Specialty Code as agricultural
buildings and equine facilities as described in ORS 455.315. A structural building
permit is not required for agricultural buildings or equine facilities located on the
same lot or parcel receiving special assessment for farm use."
C. Reducing Setbacks In Forest Use (F-2 Zone), For Haner Park Subdivision
And An Adjoining Three Acre Tax Lot.
Haner park subdivision and the remnant parcel are located in the southwestern
portion of Deschutes County. These properties were platted prior to State enabling
land use legislation. This island of F-2 zoned property is surrounded by land zoned
Forest Use (F-1) and owned by the federal government as part of the Deschutes
PAGE 6 OF 7 - EXHIBIT E TO ORDINANCE 2016-005
National Forest. Deschutes County is proposing text amendments reducing the
setbacks in Haner Park subdivision and an adjoining three -acre tax lot to the
standard 25 feet setback instead of the currently required 100 foot setback. The lot
sizes in the Haner Park are of a relative small size requiring a variance to the 100
foot setback to develop any structures on the vast majority lots. No other changes to
the F-2 zone are proposed.
This text amendment is consistent with Forest Lands, Section 2.3 and its goals and
policies. The emphasis of this section is on forest management and conservation.
Policy 2.3.5 is the only policy remotely related to the text amendment:
Uses allowed in Forest zones shall comply with State Statute and Oregon
Administrative Rule.
Any proposed use must still comply with the F-2 zone development standards, which
are consistent with State Statute and administrative rules.
On March 10th, the Planning Commission voted to recommend approval of the
proposed amendment.
PAGE 7 OF 7 — EXHIBIT E TO ORDINANCE 2016-005