2023-180-Ordinance No. 2023-010 Recorded 6/22/2023REVIEWED
—CB�M,/
LEGAL COUNSEL
Recorded in Deschutes County CJ2023-180
Steve Dennison, County Clerk
Commissioners' Journal 06/22/2023 4:46:42 PM
^��`,F,r� � III(II'lll'IIIIIIII)IIII(III'11
2023-180
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County
Code Title 23, the Deschutes County
Comprehensive Plan, to Change the
Comprehensive Plan Map Designation for
Certain Property From Agriculture to Rural
Residential Exception Area, and Amending
Deschutes County Code Title 18, the Deschutes
County Zoning Map, to Change the Zone
Designation for Certain Property From
Exclusive Farm Use to Multiple Use
Agricultural.
*
* ORDINANCE NO. 2023-010
*
*
*
*
WHEREAS, Te Amo Despacio LLC and CTH Investments LLC, applied for changes to both the
Deschutes County Comprehensive Plan Map (247-22-000314-PA) and the Deschutes County
Zoning Map (247-22-000313-ZC), to change the comprehensive plan designation of the subject
property from Agricultural (AG) to Rural Residential Exception Area (RREA), and a corresponding
zone change from Exclusive Farm Use (EFU) to Multiple Use Agricultural (MUA-10); and
WHEREAS, after notice was given in accordance with applicable law, a public hearing was
held on November 15, 2022, before the Deschutes County Hearings Officer and, on December 15,
2023, the Hearings Officer recommended approval of the Comprehensive Plan Map Amendment
and Zone Change;
WHEREAS, pursuant to DCC 22.28.030(C), on April 5, 2023, the Board heard de novo the
applications to change the comprehensive plan designation of the subject property from
Agricultural (AG) to Rural Residential Exception Area (RREA) and a corresponding zone change from
Exclusive Farm Use (EFU) to Multiple Use Agricultural (MUA-10); now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as
follows:
PAGE 1 OF 3 - ORDINANCE NO.2023-010
Section 1. AMENDMENT. DCC Title 23, Deschutes County Comprehensive Plan Map, is
amended to change the plan designation for certain property described in Exhibit "A' and depicted
on the map set forth as Exhibit "B" from AG to RREA, with both exhibits attached and incorporated
by reference herein.
Section 2. AMENDMENT. DCC Title 18, Zoning Map, is amended to change the zone designation
from EFU to MUA-10 for certain property described in Exhibit "A" and depicted on the map set forth
as Exhibit "C", with both exhibits attached and incorporated by reference herein.
Section 3. AMENDMENT. DCC Section 23.01.010, Introduction, is amended to read as
described in Exhibit "D" attached and incorporated by reference herein, with new language
underlined.
Section 4. AMENDMENT. Deschutes County Comprehensive Plan Section 5.12, Legislative
History, is amended to read as described in Exhibit "E" attached and incorporated by reference
herein, with new language underlined.
Section 5. FINDINGS. The Board adopts as its findings in support of this Ordinance the
Recommendation of the Hearings Officer as set forth in Exhibit "F" and incorporated by reference
herein.
Section 6. EFFECTIVE DATE. This Ordinance takes effect on the 90t" day after the date of
adoption or, if appealed, the date the ordinance is no longer subject to appeal.
S 4- �j-
Dated this 1 ofy U , 2023 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
ANTHONY DEBONE, Chair
r � I
PATTI ADAIR, Vice Chair
PHIL CHANG, Commissioner
Date of 1 st Reading: 7 day of J UV`L- 2023.
Date of 2"d Reading: ,,-iS day of Tyr-t 2023.
PAGE 2 OF 3 - ORDINANCE NO. 2023-010
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Anthony DeBone
Patti Adair
Phil Chang
Effective date: /q day of 2023. Or, if appealed, the date the ordinance is no
longer subject to appeal.
ATTEST ^
Recording Secretary
PAGE 3 OF 3 - ORDINANCE NO.2023-010
Exhibit "A" to Ordinance 2023-010
Legal Descriptions of Affected Properties
For Informational Purposes Only: Map and Tax Lot nos. 1712350001200 and
1712350001201.
(Legal Description Begins Below)
Parcel l:
The Northeast Quarter of the Northeast Quarter (NE114 NE1/4) and the Southwest Quarter of the Northeast
Quarter (SW1/4 NE1/4) of Section Thirty-five (35), Township Seventeen (17) South, Range Twelve (12) East of
the Willamette Meridian, Deschutes County, Oregon.
EXCEPT from the NE1/4 NE114 any portion lying within the right of way of E.W. Richardson Road.
ALSO EXCEPT from the NE1/4 NE1/4 a tract of land more particularly described as follows: Beginning at a point
whence the Southeast corner of said NE1/4 NE1/4 bears South 00°32'24" East, 132 feet; thence North 89°51'34"
West, 330 feet; thence North 00°32'24" West, 132 feet; thence South 89°51'34" East, 330 feet; thence South
00032'24" East 132 feet to the point of beginning.
AND ALSO EXCEPT from the NE114 NE1/4, described as follows: Beginning at the Southeast corner of said
NE1/4 NE1/4; thence North 89051'34° West, 330 feet; thence North 00°3224" West, 132 feet; thence South
89051'34" East, 330 feet; thence South 00°32'24" East, 132 feet to the point of beginning.
AND ALSO EXCEPT the West 330 feet from the SW1/4 NE1/4.
Parcel II;
The Northwest Quarter of the Southeast Quarter (NW 1 /4 SE1/4) and that portion of the Southwest Quarter of the
Southeast Quarter (SW 114 SE9/4) lying North of the Bond Sums Highway as now constituted.
EXCEPT the Westerly 867 feet of said SW114 SE114 all in Section Thirty-five (35), Township Seventeen (17)
South, Range Twelve (12) East of the Willamette Meridian, Deschutes County, Oregon.
EXCEPT the Westerly 340 feet of the NW114 SE1/4.
AND EXCEPT from the NW114 SE114 the following described portion situated in the W1/2 SE1/4 of said Section
35, more particularly described as follows: Beginning at a point on the North right of way line of the Central Oregon
Highway, U.S. 20. which point is 340 feet East and 13.75 feet South of the Southwest comer of said NWfl4 SE114
of said Section 35, thence North, a distance of 347.0 feet; thence North 71 *34' East, a distance of 213.33 feet;
thence South, a distance of 414.0 feet; thence South 89°53' West along the said North right of way line, a distance
of 202 feet to the point of beginning.
ALSO EXCEPT a tract of land described as follows: Beginning at a point whence the Southwest corner of the
NW114 SE114 bears North 89°42'40" West, 542 feet; thence North, 397.17 feet; thence South 79"38'30" East,
330.82 feet; thence South, 339.50 feet; thence North 89°42'40" West, 325.43 feet to the point of beginning.
Legend
Proposed Plan Amendment Boundary
1 ® ®I Bend Urban Growth Boundary
Comprehensive Plan Designation
AG -Agriculture
URA - Urban Reserve Area
RREA- Rural Residential Exception Area
RREA
17-12-35-00-01200
Plan Amendment From Agriculture (AG)
to
Rural Residential Exception Area (RREA)
RREA
PROPOSED
COMPREHENSIVE PLAN MAP
Plan Amendment From Agriculture (AG) to
Rural Residential Exception Area (RREA)
Exhibit "B"
to Ordinance 2023-010
� V
0 300 600 1,200
Feet
May 26, 2023
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTFS CUNTY, OREGON
ny a one, _ airy
atti Adair, Vice C air
n Phil Chang, Comml oner, r,
A7rEST: Recording Secretary
+S ^ t
Dated this 2 da of 2023
Effective Date: _�_��, 2023
Ft it
17-12-35-00-01201
17-12-35-00-01200
Proposed Zone Change From
Exclusive Farm Use (EFUTRB) to
Mutiple Use Agricultural (MUA10)
MUA10
PROPOSED ZONING MAP
Legend Zone Change From Exclusive Farm Use (EFUTRB) to
g Multiple Use Agricultural (MUA10)
Proposed Zone Change Boundary
® Exhibit "C"
J Bend Urban Growth Boundary to Ordinance 2023-010
Zoning
EFUTRB - Tumalo/Redmond/Bend Subzone n
MUA10 - Multiple Use Agricultural
0 300 600 1.200
UAR10 - Urban Area Reserve Feet
May 26, 2023
BOARD OF COUNTY COMMISSIONERS
OF D SCHUTES CCMNTY, OREGON
DeBone;' tJair
Patti Adair, Vice Ch 'r
Phi Chang, Commissi er G
ATTEST: Recording Secretary
Dated this Y da of , 2023
Effective Da e: , 2023
TITLE 23 COMPREHENSIVE PLAN
CHAPTER 23.01 COMPREHENSIVE PLAN
A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011-003 and
found on the Deschutes County Community Development Department website, is incorporated
by reference herein.
B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2011-027, are incorporated by reference herein.
C. [Repealed by Ordinance 2013-001, §1]
D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-005, are incorporated by reference herein.
E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-012, are incorporated by reference herein.
F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-016, are incorporated by reference herein.
G. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-002, are incorporated by reference herein.
H. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-009, are incorporated by reference herein.
I. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-012, are incorporated by reference herein.
J. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-007, are incorporated by reference herein.
K. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-005, are incorporated by reference herein.
L. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-006, are incorporated by reference herein.
M. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-012, are incorporated by reference herein.
N. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-021, are incorporated by reference herein.
O. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-027, are incorporated by reference herein.
P. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-021, are incorporated by reference herein.
Q. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-029, are incorporated by reference herein.
R. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-018, are incorporated by reference herein.
S. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-010, are incorporated by reference herein.
T. [Repealed by Ordinance 2016-027 §1]
U. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-022, are incorporated by reference herein.
V. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-005, are incorporated by reference herein.
W. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-027, are incorporated by reference herein.
X. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-029, are incorporated by reference herein.
Y. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2017-007, are incorporated by reference herein.
Z. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-002, are incorporated by reference herein.
AA. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-006, are incorporated by reference herein.
AB. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-011, are incorporated by reference herein.
AC. [repealed by Ord. 2019-010 §1, 2019]
AD. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-008, are incorporated by reference herein.
AE. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-002, are incorporated by reference herein.
AF. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-001, are incorporated by reference herein.
AG. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-003, are incorporated by reference herein.
AH. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-004, are incorporated by reference herein.
Al. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-011, are incorporated by reference herein.
AJ. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-006, are incorporated by reference herein.
AK. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-019, are incorporated by reference herein.
AL. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-016, are incorporated by reference herein.
AM. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-001, are incorporated by reference herein.
AN. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-002, are incorporated by reference herein.
AO. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-003, are incorporated by reference herein.
AP. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-008, are incorporated by reference herein.
AQ. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-007, are incorporated by reference herein.
AR. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-006, are incorporated by reference herein.
AS. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-009, are incorporated by reference herein.
AT. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-013, are incorporated by reference herein.
AU. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2021-002, are incorporated by reference herein.
AV. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2021-005, are incorporated by reference herein.
AW. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2021-008, are incorporated by reference herein.
AX. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2022-001, are incorporated by reference herein.
AY. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2022-003, are incorporated by reference herein.
AZ. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2022-006, are incorporated by reference herein.
BA. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2022-010, are incorporated by reference herein.
BB. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2022-011, are incorporated by reference herein.
BC. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2022-013, are incorporated by reference herein.
BD. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2023-001, are incorporated by reference herein.
BE. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2023-007, are incorporated by reference herein.
BF. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2023-010 are incorporated by reference herein.
Click here to be directed to the Comprehensive Plan (http://www.deschutes.org/compplan)
HISTORY
Amended by Ord. 2011-027 §10 on 111912011
Adopted by Ord. 2011-003 §2 on 111912011
Amended by Ord. 2011-017 §5 on 1113012011
Amended by Ord. 2012-012 §1, 2, 3, 4 on 812012012
Amended by Ord. 2012-005 §1 on 1111912012
Amended by Ord. 2013-002 §1 on 11712013
Repealed by Ord. 2013-001 §1 on 11712013
Amended by Ord. 2013-005 §1 on 112312013
Amended by Ord. 2012-016 §1 on 31412013
Amended by Ord. 2013-009 §1 on 51812013
Amended by Ord. 2013-012 §1 on 81812013
Amended by Ord. 2013-007 §1 on 812812013
Amended by Ord. 2014-005 §2 on 212612014
Amended by Ord. 2014-006 §2 on 311512014
Amended by Ord. 2014-012 §1 on 81612014
Amended by Ord. 2014-021 §1 on 1112612014
Amended by Ord. 2015-029 §1 on 1113012015
Amended by Ord. 2015-010 §1 on 1212112015
Amended by Ord. 2015-021 §1 on 212212016
Amended by Ord. 2015-018 §1 on 312812016
Amended by Ord. 2016-001 §1 on 41512016
Amended by Ord. 2016-022 §1 on 912812016
Repealed & Reenacted by Ord. 2016-027 §1, 2 on 1212812016
Amended by Ord. 2016-005 §1 on 212712017
Amended by Ord. 2016-029 §1 on 312812017
Amended by Ord. 2017-007 §1 on 111112017
Amended by Ord. 2018-002 §1 on 112512018
Amended by Ord. 2018-005 §2 on 1011012018
Amended by Ord. 2018-008 §1 on 1012612018
Amended by Ord. 2018-008 §1 on 1012612018
Amended by Ord. 2018-008 §1 on 1012612018
Amended by Ord. 2018-006 §1 on 1112012018
Amended by Ord. 2018-011 §1 on 1211112018
Amended by Ord. 2019-004 §1 on 311412019
Amended by Ord. 2019-003 §1 on 311412019
Amended by Ord. 2019-002 §1 on 41212019
Amended by Ord. 2019-001 §1 on 411612019
Amended by Ord. 2019-010 §1 on 51812019
Amended by Ord. 2019-011 §1 on 511712019
Amended by Ord. 2019-006 §1 on 611112019
Amended by Ord. 2019-019 §2 on 1211112019
Amended by Ord. 2020-001 §26 on 412112020
Amended by Ord. 2020-003 §1 on 512612020
Amended by Ord. 2020-002 §1 on 512612020
Amended by Ord. 2020-008 §5 on 912212020
Amended by Ord. 2020-007 §1 on 1012712020
Amended by Ord. 2020-006 §1 on 1111012020
Amended by Ord. 2020-009 §4 on 11/1712020
Amended by Ord. 2020-013 §1 on 1112412020
Amended by Ord. 2021-002 §3 on 412712021
Amended by Ord. 2021-005 §1 on 611612021
Amended by Ord. 2021-008 §1 on 613012021
Amended by Ord. 2022-001 §2 on 711212022
Amended by Ord. 2022-003 §2 on 711912022
Amended by Ord. 2022-006 §2 on 712212022
Amended by Ord. 2022-010 §1 on 1012512022
Amended by Ord. 2022-013 §2 on 311412023
Amended by Ord. 2023-001 §19 on 513012023
Exhibit "E" to Ordinance 2023-010
Background
This section contains the legislative history of this Comprehensive Plan.
Table S.12.1 Comprehensive Plan Ordinance History
Ordinance
Date Adopted/
Chapter/Section
Amendment
Effective
All, except
Transportation, Tumalo
and Terrebonne
201 1-003
8-10-1 1/ 1 1-9-1 1
Community Plans,
Deschutes Junction,
Comprehensive Plan update
Destination Resorts and
ordinances adopted in
2011
2.5, 2.6, 3.4, 3.10, 3.5,
Housekeeping amendments to
201 1-027
10-31-1 1 / 1 1-9-1 1
4.6, 5.3, 5.8, 5.1 1,
23.40A, 23.40B,
ensure a smooth transition to
23.40.065, 23.01.010
the updated Plan
23.60, 23.64 (repealed),
Updated Transportation
2012-005
8-20-12/ 1 1-19-12
3.7 (revised), Appendix C
System Plan
(added)
2012-012
8-20-12/8-20-12
4. I, 4.2
La Pine Urban Growth
Boundary
2012-016
12-3-12/3-4-13
3.9
Housekeeping amendments to
Destination Resort Chapter
Central Oregon Regional
2013-002
1-7-13/ 1-7-13
4.2
Large -lot Employment Land
Need Analysis
Comprehensive Plan Map
Amendment, changing
2013-009
2-6-13/5-8-13
1.3
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan Map
2013-012
5-8-13/8-6-13
23.01.010
Amendment, including certain
property within City of Bend
Urban Growth Boundary
Newberry Country: A Plan
2013-007
5-29-13/8-27-13
3.10, 3.1 1
for Southern Deschutes
County
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Comprehensive Plan Map
2013-016
10-21-13/ 10-21-13
23.01.010
Amendment, including certain
property within City of Sisters
Urban Growth Boundary
Comprehensive Plan Map
2014-005
2-26-14/2-26-14
23.01.010
Amendment, including certain
property within City of Bend
Urban Growth Boundary
2014-012
4-2-14/7-1-14
3.10, 3.1 1
Housekeeping amendments to
Title 23.
Comprehensive Plan Map
Amendment, changing
designation of certain
2014-021
8-27-14/ 1 1-25-14
23.01.010, 5.10
property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
Comprehensive Plan Map
Amendment, changing
designation of certain
2014-021
8-27-14/ 1 1-25-14
23.01.010, 5.10
property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
Comprehensive Plan Map
Amendment, changing
2014-027
12-15-14/3-31-15
23.01.010, 5.10
designation of certain
property from Agriculture to
Rural Industrial
Comprehensive Plan Map
Amendment, changing
2015-021
1 1-9-15/2-22-16
23.01.010
designation of certain
property from Agriculture to
Surface Mining.
Comprehensive Plan Map
Amendment, changing
2015-029
1 1-23-15/ 1 1-30-15
23.01.010
designation of certain
property from Tumalo
Residential 5-Acre Minimum
to Tumalo Industrial
2015-018
12-9-15/3-27-16
23.01.010, 2.2, 4.3
Housekeeping Amendments
to Title 23.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Exhibit "E" to Ordinance 2023-010
Comprehensive Plan Text and
2015-010
12-2-15/ 12-2-15
2.6
Map Amendment recognizing
Greater Sage -Grouse Habitat
Inventories
Comprehensive Plan Map
Amendment, changing
2016-001
12-21-15/04-5-16
23.01.010; 5.10
designation of certain
property from, Agriculture to
Rural Industrial (exception
area)
Comprehensive Plan
Amendment to add an
exception to Statewide
2016-007
2-10-16/5-10-16
23.01.010; 5.10
Planning Goal I I to allow
sewers in unincorporated
lands in Southern Deschutes
County
Comprehensive Plan
Amendment recognizing non-
2016-005
1 1-28-16/2-16-17
23.01.010, 2.2, 3.3
resource lands process
allowed under State law to
change EFU zoning
Comprehensive plan
2010-022
,� ,,,, ,
9-2o-1 of 11 1-14-16
�, ,� , A ,,
23.0'1.0110, 1.3, �.�
Amendment, including certain
property within City of Bend
Urban Growth Boundary
Comprehensive Plan Map
Amendment, changing
2016-029
12-14-16/ 12/28/ 16
23.01.010
designation of certain
property from, Agriculture to
Rural Industrial
Comprehensive Plan Map
Amendment, changing
2017-007
10-30-17/ 10-30-17
23.01.010
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan
2018-002
1-3-18/ 1-25-18
23.01, 2.6
Amendment permitting
churches in the Wildlife Area
Combining Zone
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Housekeeping Amendments
correcting tax lot numbers in
Non -Significant Mining Mineral
2018-006
8-22-18/ 1 1-20-18
23.01.010, 5.8, 5.9
and Aggregate Inventory;
modifying Goal 5 Inventory of
Cultural and Historic
Resources
Comprehensive Plan Map
Amendment, changing
2018-01 1
9-12-18/ 12-1 1-18
23.01.010
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan Map
Amendment, removing Flood
23.01.010, 2.5, Tumalo
Plain Comprehensive Plan
2018-005
9-19-18/ 10-10-18
Community Plan,
Designation; Comprehensive
Newberry Country Plan
Plan Amendment adding Flood
Plain Combining Zone
purpose statement.
Comprehensive Plan
Amendment allowing for the
2018-008
9-26-18/ 10-26-18
23.01.010, 3.4
potential of new properties to
be designated as Rural
Commercial or Rural
Industrial
Comprehensive Plan Map
Amendment changing
designation of certain
property from Surface Mining
2019-002
1-2-19/4-2-19
23.01.010, 5.8
to Rural Residential Exception
Area; Modifying Goal 5
Mineral and Aggregate
Inventory; Modifying Non -
Significant Mining Mineral and
Aggregate Inventory
Comprehensive Plan and Text
2019-001
1-16-19/4-16-19
1.3, 3.3, 4.2, 5.10, 23.01
Amendment to add a new
zone to Title 19: Westside
Transect Zone.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5. 12 LEGISLATIVE HISTORY
Exhibit "E" to Ordinance 2023-010
Comprehensive Plan Map
Amendment changing
designation of certain
2019-003
02-12-19/03-12-19
23.01.010, 4.2
property from Agriculture to
Redmond Urban Growth
Area for the Large Lot
Industrial Program
Comprehensive Plan Map
Amendment changing
designation of certain
property from Agriculture to
2019-004
02-12-19/03-12-19
23.01.010, 4.2
Redmond Urban Growth
Area for the expansion of the
Deschutes County
Fairgrounds and relocation of
Oregon Military Department
National Guard Armory.
Comprehensive Plan Map
Amendment to adjust the
Bend Urban Growth
Boundary to accommodate
the refinement of the Skyline
Ranch Road alignment and the
2019-01 1
05-01-19/05-16/ 19
23.01.010, 4.2
refinement of the West Area
Master Plan Area I boundary.
The ordinance also amends
the Comprehensive Plan
designation of Urban Area
Reserve for those lands
leaving the UGB.
Comprehensive Plan Map
Amendment, changing
2019-006
03-13-19/06-1 1-19
23.01.010,
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan and Text
amendments incorporating
language from DLCD's 2014
2019-016
1 1-25-19/02-24-20
23.01.01, 2.5
Model Flood Ordinance and
Establishing a purpose
statement for the Flood Plain
Zone.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Comprehensive Plan and Text
amendments to provide
procedures related to the
2019-019
12-1 1-19/ 12-1 1-19
23.01.01, 2.5
division of certain split zoned
properties containing Flood
Plain zoning and involving a
former or piped irrigation
canal.
Comprehensive Plan and Text
amendments to provide
procedures related to the
2020-001
12-1 1-19/ 12-1 1-19
23.01.01, 2.5
division of certain split zoned
properties containing Flood
Plain zoning and involving a
former or piped irrigation
canal.
Comprehensive Plan Map
Amendment to adjust the
Redmond Urban Growth
Boundary through an equal
exchange of land to/from the
Redmond UGB. The exchange
property is being offered to
better achieve land needs that
2020-002
2-26-20/5-26-20
23.01.01, 4.2, 5.2
were detailed in the 2012 SB
1544 by providing more
development ready land
within the Redmond UGB.
The ordinance also amends
the Comprehensive Plan
designation of Urban Area
Reserve for those lands
leaving the UGB.
Comprehensive Plan
Amendment with exception
to Statewide Planning Goal 11
2020-003
02-26-20/05-26-20
23.01.01, 5.10
(Public Facilities and Services)
to allow sewer on rural lands
to serve the City of Bend
Outback Water Facility.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Exhibit "E" to Ordinance 2023-010
Comprehensive Plan
Transportation System Plan
Amendment to add
roundabouts at US 20/Cook-
2020-008
06-24-20/09-22-20
23.01.010, Appendix C
O.B. Riley and US 20/Old
Bend -Redmond Hwy
intersections; amend Tables
5.33 1 and 5.332 and amend
TSP text.
Housekeeping Amendments
2020-007
07-29-20/ 10-27-20
23.01.010, 2.6
correcting references to two
Sage Grouse ordinances.
Comprehensive Plan and Text
amendments to update the
County's Resource List and
2020-006
08-12-20/ 1 1-10-20
23.01.01, 2.1 1, 5.9
Historic Preservation
Ordinance to comply with the
State Historic Preservation
Rule.
Comprehensive Plan
Transportation System Plan
Amendment to add reference
2020-009
08-19-20/ I I -17-20
23.01.010, Appendix C
to J turns on US 97 raised
median between Bend and
Redmond; delete language
about disconnecting
Vandevert Road from US 97.
Comprehensive Plan Text
And Map Designation for
Certain Properties from
Surface Mine (SM) and
Agriculture (AG) To Rural
2020-013
08-26-20/1 1/24/20
23.01.01, 5.8
Residential Exception Area
(RREA) and Remove Surface
Mining Site 461 from the
County's Goal 5 Inventory of
Significant Mineral and
Aggregate Resource Sites.
Comprehensive Plan Map
2021-002
01-27-21 /04-27-21
23.01.01
Designation for Certain
Property from Agriculture
(AG) To Rural Industrial (RI)
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Comprehensive Plan Map
Amendment Designation for
Certain Property from
2021-005
06-16-21 /06-16-21
23.01.01, 4.2
Agriculture (AG) To
Redmond Urban Growth
Area (RUGA) and text
amendment
Comprehensive Plan Map
Amendment Designation for
Certain Property Adding
2021-008
06-30-21/09-28-21
23.01.01
Redmond Urban Growth
Area (RUGA) and Fixing
Scrivener's Error in Ord.
2020-022
Comprehensive Plan Map
Amendment, changing
2022-001
04-13-22/07-12-22
23.01.010
designation of certain
property from Agriculture
(AG) to Rural Residential
Exception Area (RREA)
Comprehensive Plan Map
Amendment, changing
2022-003
04-20-22/07-19-22
23.01.010
designation of certain
property from Agriculture
(AG) to Rural Residential
Exception Area (RREA)
Comprehensive Plan Map
Amendment, changing
designation of certain
2022-006
06-22-22/08-19-22
23.01.010
property from Rural
Residential Exception Area
(RREA) to Bend Urban
Growth Area
Comprehensive Plan Map
2022-010
07-27-22/ 10-25-22
23.01.010
Designation for Certain
Property from Agriculture
(AG) To Rural Industrial (RI)
Comprehensive Plan Map
2022-01 1
12-12-22/03-14-23
23.01.010
Designation for Certain
Property from Agriculture
(AG) to Rural Industrial (RI)
Comprehensive Plan Map
Designation for Certain
2022-013
12-14-22/03-14-23
23.01.010
Property from Agriculture
(AG) to Rural Residential
Exception Area (RREA)
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Exhibit "E" to Ordinance 2023-010
Housekeeping Amendments
correcting the location for the
2023-001
03-01-23/05-30-23
23.01.010, 5.9
Lynch and Roberts Store
Advertisement, a designated
Cultural and Historic
Resource
Comprehensive Plan Map
Designation for Certain
2023-007
04-26-23/6-25-23
23.01.010
Property from Agriculture
(AG) to Rural Residential
Exception Area (RREA)
Comprehensive Plan Map
Designation for Certain
2023-010
6-21-23/9-19-23
23.01.010
Property from Agriculture
(AG) to Rural Residential
Exception Area (RREA)
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Mailing Date:
Thursday, December 15, 2022
RECOMMENDATION AND FINDINGS OF
THE DESCHUTES COUNTY HEARINGS OFFICER
FILE NUMBERS:
HEARING DATE:
HEARING LOCATION:
APPLICANTS/OWNERS:
SUBJECT PROPERTIES:
247-22-000313-ZC, 247-22-000314-PA
November 15, 2022, 6:00 p.m.
Videoconference and
Barnes & Sawyer Rooms
Deschutes Services Center
1300 NW Wall Street
Bend, OR 97708
Te Amo Despacio, LLC and CTH Investments, LLC
Map and Taxlot: 1712350001200
Account: 119020
Situs Address: 62385 HAMBY RD, BEND, OR 97701
Map and Taxlot: 1712350001201
Account: 119038
Situs Address: 21480 HWY 20, BEND, OR 97701
REQUEST: Applicants request approval of a Comprehensive Plan Amendment
to change the designation of the Subject Properties from
Agricultural (AG) to Rural Residential Exception Area (RREA).
Applicants also requests a corresponding Zone Change to rezone the
Subject Properties from Exclusive Farm Use — Tumalo/ Redmond/
Bend subzone (EFU-TRB) to Multiple Use Agricultural (MUA-10).
HEARINGS OFFICER: Tommy A. Brooks
SUMMARY OF RECOMMENDATION: The Hearings Officer finds that the Applicants have met
their burden of proof with respect to the requested Comprehensive Plan Amendment and Zone Change
and, therefore, recommends APPROVAL of the Application based on the Findings set forth in this
Recommendation.
I. APPLICABLE STANDARDS AND CRITERIA
Title 18 of the Deschutes County Code, the County Zoning Ordinance:
Chapter 18.04, Title, Purpose, and Definitions
Chapter 18.16, Exclusive Farm Use Zones (EFU)
Chapter 18.32, Multiple Use Agricultural (MUA10).
Chapter 18.136, Amendments
Page 1 1
Title 22, Deschutes County Development Procedures Ordinance
Deschutes County Comprehensive Plan
Chapter 2, Resource Management
Chapter 3, Rural Growth Management
Appendix C, Transportation System Plan
Oregon Administrative Rules (OAR), Chapter 660
Division 12, Transportation Planning
Division 15, Statewide Planning Goals and Guidelines
Division 33, Agricultural Land
Oregon Revised Statutes (ORS)
Chapter 215.010, Definitions
Chapter 215.211, Agricultural Land, Detailed Soils Assessment
II. BACKGROUND AND PROCEDURAL FINDINGS
A. Nature of Proceeding
This matter comes before the Hearings Officer as a request for approval of a Comprehensive Plan Map
Amendment ("Plan Amendment") to change the designation of the Subject Properties from Agricultural
(AG) to Rural Residential Exception Area (RREA). The Applicants also request approval of a
corresponding Zoning Map Amendment ("Zone Change") to change the zoning of the Subject Properties
from Exclusive Farm Use (EFU) to Multiple Use Agricultural (MUA10). The basis of the request in the
Application is the Applicants' assertion that the Subject Properties do not qualify as "agricultural land"
under the applicable provisions of the Oregon Revised Statutes or Oregon Administrative Rules governing
agricultural land. Based on that assertion, the Applicants are not seeking an exception to Statewide
Planning Goal 3 for the Plan Amendment or Zone Change.
B. Notices and Hearing
The Application was filed on April 14, 2022. On April 27, 2022, the County issued a Notice of Application
to several public agencies and to property owners in the vicinity of the Subject Properties (together,
"Application Notice"). The Application Notice invited comments on the Application.
Following additional submittals by the Applicants, the County mailed a Notice of Public Hearing on
October 7, 2022 ("Hearing Notice") announcing an evidentiary hearing ("Hearing") for the requests in the
Application. Pursuant to the Hearing Notice, I presided over the Hearing as the Hearings Officer on
November 15, 2022, opening the Hearing at 6:03 p.m. The Hearing was held via videoconference, with
Staff and a representative of the Applicants in the hearing room. The Hearings Officer appeared remotely.
On October 7, 2022, the Deschutes County Planning Division ("Staff") issued a report setting forth the
applicable criteria and presenting the evidence in the record at that time ("Staff Report").'
I The Staff Report is styled "Findings and Decision". During the Hearing, it was acknowledged that the Staff Report was not
a decision and, rather, was Staff s summary of the record as applied to the criteria.
Page 12
At the beginning of the Hearing, I provided an overview of the quasi-judicial process and instructed
participants to direct comments to the approval criteria and standards, and to raise any issues a participant
wanted to preserve for appeal if necessary. I stated I had no ex parte contacts to disclose or bias to declare.
I asked for but received no objections to the County's jurisdiction over the matter or to my participation
as the Hearings Officer.
No participant requested that the record remain open. The Hearing concluded at approximately 6:36 p.m.
At that time, I closed the Hearing and the record, and I took this matter under advisement.
C. .150-dqy Clock
Because the Application includes a request for the Plan Amendment, the 150-day review period set forth
in ORS 215.427(I) is not applicable.2 The Staff Report also notes that the 150-day review period is not
applicable by virtue of Deschutes County Code ("DCC" or "Code") 22.20.040(D). No participant to the
proceeding disputed that conclusion.
III. SUBSTANTIVE FINDINGS AND CONCLUSIONS
A. Adoption of Factual Findings in Staff Report
The Staff Report contains a comprehensive summary of evidence in the record as it relates to each of the
applicable criteria. The Staff Report, although it expresses agreement with the Applicants in many places,
does not make a final recommendation. Instead, the Staff Report asks the Hearings Officer to determine
if the Applicants have met the burden of proof necessary to justify the Plan Amendment and the Zone
Change. That being said, no participant challenged the specific evidence or findings presented in the Staff
Report. As a result, I hereby adopt as fact the evidentiary findings in the Staff Report as my evidentiary
findings. To the extent any of the findings in this Recommendation conflict with the findings in the Staff
Report, my intent is to have these findings control. The remainder of this Recommendation sets forth the
legal criteria and adopts legal findings based on those factual findings.
B. Legal Findings
The legal criteria applicable to the requested Plan Amendment and Zone Change were set forth in the
Application Notice and also appear in the Staff Report. No participant to this proceeding asserted that
those criteria do not apply, or that other criteria are applicable. This Recommendation therefore addresses
each of those criteria, as set forth below.
2 ORS 215.427(7).
Page 13
1. Title 18 of the Deschutes County Code, County Zoning
Section 18.136.010, Amendments
DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or legislative
map changes shall be as set forth in DCC 22.12. A request by a property owner for a quasi-
judicial map amendment shall be accomplished by filing all application on forms provided by the
Planning Department and shall be subject to applicable procedures of DCC Title 22.
FINDING: The Applicants are the owners of the Subject Properties and have requested a quasi-judicial
Plan Amendment and filed applications for that purpose, together with the request for a Zone Change. No
participant to this proceeding objects to this process. It is therefore appropriate to review the Application
using the applicable procedures contained in Title 22 of the Deschutes County Code.
Section 18.136.020, Rezoning Standards
The applicant for a quasi-judicial rezoning must establish that the public interest is best served
by rezoning the property. Factors to be demonstrated by the applicant are:
A. That the change conforms with the Comprehensive Plan, and the change is consistent with
the plan's introductory statement and goals.
FINDING: According to the Applicants, the County applies this Code provision by considering whether:
(1) the Zone Change conforms to the Comprehensive Plan; and (2) the change is consistent with the
Comprehensive Plan's introduction statement and goals.
With respect to the first factor, the Applicants note that they are also seeking a Plan Amendment, which
will change the Comprehensive Plan designation of the Subject Properties from Agriculture to Rural
Residential Exception Area. If that Plan Amendment is approved, which is addressed in more detail below,
the proposed change from the EFU-TRB zone to the MUA-10 zone will be consistent with the new
Comprehensive Plan designation. No participant to this proceeding disputes that conclusion.
With respect to the second factor, the Applicants note that introductory statements and goals in the
Comprehensive Plan are not approval criteria, and no participant to this proceeding asserts otherwise.
Instead, the Applicants identify several Comprehensive Plan policies and goals and analyzes whether the
Application is consistent with those policies and goals. Those policies and goals are set forth in more
detail below, and the findings in that section are adopted here in full by this reference.
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that this
Code provision is satisfied.
Page 14
B. That the change in classification for the subject property is consistent with the purpose and
intent of the proposed zone classification.
FINDING: Only the Applicants and Staff offer any evidence or argument with respect to the purpose of
the MUA-10 zone. The purpose of the MUA-10 zoning district is stated in DCC 18.32.010 as follows:
The purposes of the Multiple Use Agricultural Zone are to preserve the
rural character of various areas of the County while permitting development
consistent with that character and with the capacity of the natural resources
of the area; to preserve and maintain agricultural lands not suited to full-
time commercial farming for diversified or part-time agricultural uses; to
conserve forest lands for forest uses; to conserve open spaces and protect
natural and scenic resources; to maintain and improve the quality of the
air, water and land resources of the County; to establish standards and
procedures for the use of those lands designated unsuitable for intense
development by the Comprehensive Plan, and to provide for an orderly
and efficient transition from rural to urban land use.
According to the Applicants, the Subject Properties are not suited to full-time commercial farming. The
MUA-10 zone will instead allow the owners to engage in hobby farming, and the low -density of
development allowed by the MUA-10 zone will conserve open spaces and protect natural and scenic
resources. As a result, the MUA-10 zoning provides a proper transition zone from city, to rural, to EFU
zoning. The Staff Report agrees that the change in classification is consistent with the purpose and intent
of the MUA 10 Zone, and no participant to this proceeding disputes that conclusion.
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that this
Code provision is satisfied.
C. That changing the zoning will presently serve the public health, safety and welfare
considering the following factors:
The availability and efficiency of providing necessary public services and facilities.
FINDING: As noted in the Staff Report, this criterion specifically asks if the Zone Change will presently
serve public health, safety, and welfare. The Applicants and the Staff Report provided the following as
support for why this criterion is met:
• Necessary public facilities and services are available to serve the Subject Properties.
• Transportation access to the Subject Properties is available, and the impact of increased traffic on
the transportation system is negligible.
• The Subject Properties receive police services from the Deschutes County Sheriff and fire service
from Rural Fire Protection District # 2, which has a fire station adjacent to the northeast corner of
the Subject Properties.
• There are no known deficiencies in public services or facilities that would negatively impact public
health, safety, or welfare.
Page I S
The close proximity of the Subject Properties to urban development will allow for efficient service
provision.
Prior to development of the properties, the Applicants would be required to comply with the
applicable requirements of the Code, including possible land use permit, building permit, and
sewage disposal permit processes. Through these development review processes, assurance of
adequate public services and facilities will be verified.
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that this
Code provision is satisfied.
2. The impacts on surrounding land use will be consistent with the specific goals and
policies contained within the Comprehensive Plan.
FINDING: Only the Applicants and Staff offer any evidence or argument with respect to this criterion.
Specifically, the Applicants noted the following:
The MUA-10 zoning is consistent with the specific goals and policies in the
comprehensive plan discussed above. The MUA-10 zoning is the same as
the zoning of many other properties in the area north and south of the subject
property. In addition, the MUA-10 zoning provides a proper transition zone
from City, to rural zoning, to EFU zoning. The zone change will not impose
new impacts on the EFU- zoned land to the east of the subject property
because those properties are not engaged in commercial farm use, are idle,
are small parcels, and most are developed with dwellings. The three EFU-
zoned parcels to the east which are currently receiving farm tax deferral will
not suffer new impacts from the proposed zone change because they are
hobby farms, are already developed with dwellings, and are not engaged in
commercial farm use. As discussed below, the subject property is not
agricultural land, is comprised of predominantly Class 7 and 8 soils, and as
described by the soil scientist, Andy Gallagher, the subject property is
impractical to farm due to the cut up landscape. It is not land that could be
used in conjunction with the adjacent property and any future development
of the subject property would be subject to building setbacks.
The Staff Report agrees that the Applicants have demonstrated the impacts on surrounding land use will
be consistent with the specific goals and policies contained within the Comprehensive Plan.
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that this
Code provision is satisfied.
D. That there has been a change in circumstances since the property was last zoned, or a mistake
was made in the zoning of the property in question.
FINDING: Only the Applicants offer any evidence or argument with respect to this criterion. According
to the Applicants, a mistake in zoning was made and the EFU zoning designation on the Subject Properties
Page 16
was likely based on the best soils data that was available to the County at the time it was originally zoned,
during the late 1970's, when the Comprehensive Plan and Map were first adopted. The EFU designation
was applied even though there was no history of farming on the Subject Properties. The Applicants also
assert that there has been a change in circumstances since that time. Specifically, the Applicants note that
there are new data regarding soils on the Subject Properties and that the updated soils report shows the
Subject Properties do not have agricultural soils. The Applicants also assert that the economics of farming
and the viability of commercial farm uses in Deschutes County have significantly changed, and farming
for a profit has become increasingly difficult, particularly on parcels that are relatively small for livestock
grazing and that have inadequate soils or irrigation for raising crops such as the Subject Properties.
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that this
Code provision is satisfied.
2. Deschutes County Comprehensive Plan Goals and Policies
Chapter 2 of the Comprehensive Plan relates to Resource Management. Section 2.2 of that Chapter relates
specifically to Agricultural Lands. The Applicants and Staff have identified the following goals and
policies as relevant to the Application.
Goal 1, Preserve and maintain agricultural lands and the agricultural industry.
FINDING: According to the Applicants, they are pursuing the Plan Amendment and Zone Change
because the Subject Properties do not constitute "agricultural lands", and therefore, it is not necessary to
preserve or maintain the Subject Properties as such. In support of that conclusion, the Applicants rely on
a soils report showing the Subject Properties consist predominantly (73%) of Class 7 and 8 non-
agricultural soils. Such soils have severe limitations for agricultural use as well as low soil fertility,
shallow and very shallow soils, abundant rock outcrops, low available water capacity, and major
management limitations for livestock grazing.
The Staff Report notes the Subject Properties have no history of agricultural use and lack water rights.
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the
Application is consistent with this portion of the Comprehensive Plan.
Policy 2.2.2 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.
FINDING: The Applicants have not asked to amend the subzone that applies to the Subject Properties.
Instead, the Applicants requested a change under Policy 2.2.3 and have provided evidence to support
rezoning the subject properties as MUA-10.
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the
Application is consistent with this portion of the Comprehensive Plan.
Page 17
Policy 2.2.3 Allow comprehensive plan and zoning map amendments, including for those that
qualify as non -resource land, for individual EFUparcels as allowed by State Statute, Oregon
Administrative Rules and this Comprehensive Plan.
FINDING: The Applicants request approval of the Plan Amendment and Zone Change to re -designate
the Subject Properties from Agricultural to Rural Residential Exception Area and rezone the Subject
Properties from EFU to MUA-10. The Applicants do not seek an exception to Goal 3 for that purpose, but
rather seek to demonstrate that the Subject Properties do not meet the state definition of "Agricultural
Land" as defined in Statewide Planning Goal 3 (OAR 660-033-0020).
In support of this approach, the Applicants rely in part on the Land Use Board of Appeals' decision in
Wetherell v. Douglas County, 52 Or LUBA 677 (2006), where LUBA states as follows:
As we explained in DLCD v. Klamath County, 16 Or LUBA 817, 820
(1988), there are two ways a county can justify a decision to allow
nonresource use of land previously designated and zoned for farm use or
forest uses. One is to take an exception to Goal 3 (Agricultural Lands) and
Goal 4 (Forest Lands). The other is to adopt findings which demonstrate
the land does not qualify either as forest lands or agricultural lands under
the statewide planning goals. When a county pursues the latter option, it
must demonstrate that despite the prior resource plan and zoning
designation, neither Goal 3 or Goal 4 applies to the property.
The Applicants assert that the facts presented in the Application are sufficiently similar to those in the
Wetherall decision and in other Deschutes County plan amendment and zone change applications.
The Staff Report agrees and concludes the Applicants have the potential to prove the Subject Properties
are not agricultural land and do not require an exception to Goal 3 under state law.
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the
Application is consistent with this portion of the Comprehensive Plan.
Policy 2.2.4 Develop comprehensive policy criteria and code to provide clarity on when and how
EFUparcels can be converted to other designations.
FINDING: The Applicants assert this plan policy provides direction to Deschutes County to develop
new policies to provide clarity when EFU parcels can be converted to other designations and that the
Application is consistent with this policy. The Staff Report also concludes the proposal is consistent with
this policy.
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the
Application is consistent with this portion of the Comprehensive Plan.
Page 18
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.
FINDING: The Applicants assert that this Comprehensive Plan policy requires the County to identify and
retain agricultural lands that are accurately designated. The Applicants propose that the Subject Properties
were not accurately designated as demonstrated by the soil study in the record.
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the
Application is consistent with this portion of the Comprehensive Plan.
Section 2.5 of Comprehensive Plan Chapter 2 relates specifically to Water Resource Policies. The
Applicants and Staff have identified the following goal and policy in that section as relevant to the
Application.
Goal 6, Coordinate land use and water policies.
Policy 2.5.24 Ensure water impacts are reviewed and, if necessary, addressed for significant
land uses or developments.
FINDING: The Applicants and Staff assert that the Applicants are not required to address water impacts
associated with development because they have not proposed a specific development application at this
time. Instead, the Applicants will be required to address this criterion during development of the Subject
Properties, which would be reviewed under any necessary land use process for the site.
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the
Application is consistent with this portion of the Comprehensive Plan.
Section 2.7 of Comprehensive Plan Chapter 2 relates specifically to Open Spaces, Scenic Views and Sites.
The Applicants and Staff have identified the following goal and policies in that section as relevant to the
Application.
Goal 1, Coordinate with property owners to ensure protection of significant open spaces and
scenic view and sites.
Policy 2.7.3 Support efforts to identify and protect significant open spaces and visually important
areas including those that provide a visual separation between communities such as the open
spaces of Bend and Redmond or lands that are visually prominent.
Page 19
Policy 2.7.5 Encourage new development to be sensitive to scenic views and sites.
FINDING: The Applicants assert these policies are fulfilled by the County's Goal 5 program. The County
protects scenic views and sites along major rivers and roadways by imposing Landscape Management
(LM) Combining Zones to adjacent properties. Because there is no LM combining zone applicable to the
Subject Properties, the Subject Properties are not identified as a Goal 5 resource, and no new development
is proposed, the Applicants argue there is no applicable regulation that requires the Subject Properties to
be protected as open space or for scenic views.
The Staff Report notes that the Subject Properties are within the Landscape Management Combining Zone
for Highway 20, which is designated as landscape management feature by the Comprehensive Plan.
However, the Staff Report finds that any future development within the LM Zone will be reviewed for
compliance at that time.
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the
Application is consistent with this portion of the Comprehensive Plan.
Chapter 3 of the Comprehensive Plan relates to Rural Growth. Within that chapter, Section 3.2 relates
specifically to Rural Development. The Applicants and Staff have identified the following language in
that section as relevant to the Application.
Growth Potential
As of 2010, the strong population growth of the last decade in Deschutes County was thought to
have leveled off due to the economic recession. Besides flatter growth patterns, changes to State
regulations opened up additional opportunities for new rural development. The following list
identifies general categories for creating new residential lots, all of which are subject to specific
State regulations.
2009 legislation permits a new analysis of agricultural designated lands
Exceptions can be granted from the Statewide Planning Goals
Some farm lands with poor soils that are adjacent to rural residential uses can be rezoned
as rural residential
FINDING: According to the Applicants, this portion of the Comprehensive Plan anticipates the need for
additional rural residential lots as the region continues to grow. This includes providing a mechanism to
rezone farm lands with poor soils to a rural residential zoning designation. While the Applicants do not
seek the creation of new residential lots in the Application, they assert the Subject Properties can
ultimately support that goal, as they will provide for an orderly and efficient transition from the Bend
Urban Growth Boundary to rural and agricultural lands. The Applicants also assert the Subject Properties,
as rezoned, will link the pocket of MUA-10 zoned land to the north with the MUA-10 zoned land to the
south, furthering the creation a buffer of MUA-10 zoned land along the City's eastern boundary where
the quality of soils are poor and the land is not conducive for commercial agriculture.
Page 1 10
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the
Application is consistent with this portion of the Comprehensive Plan.
Section 3.3 of Comprehensive Plan Chapter 3 relates specifically to Rural Housing. The Applicants and
Staff have identified the following language in that section as relevant to the Application.
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 nonresource 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.
FINDING: According to the Applicants, prior Hearings Officer's decisions have found that Section 3.3
is not a plan policy or directive. Further, the Applicants state that no Exception to Statewide Planning
Goal 3 is required for the rezone application because the Subject Properties do not qualify as farm or forest
zoning or agricultural lands under the statewide planning goals. The Applicants believe the County has
interpreted the Rural Residential Exception Area (RREA) plan designation as the proper "catchall"
designation for non -resource land and, therefore, the RREA plan designation is the appropriate plan
designation to apply to the Subject Properties.
The Staff Report agrees that this Comprehensive Plan language is not a policy and does not require an
Exception to Goal 3. The Staff Report also agrees the proposed RREA plan designation is the appropriate
plan designation to apply to the Subject Properties.
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the
Application is consistent with this portion of the Comprehensive Plan.
Section 3.7 of Comprehensive Plan Chapter 3 relates specifically to Transportation. The Applicants and
Staff have identified the following goal and policy in that section as relevant to the Application.
Page 1 11
Appendix C — Transportation System Plan
ARTERIAL AND COLLECTOR ROAD PLAN
Goal 4. Establish a transportation system, supportive of a geographically distributed and
diversified economic base, while also providing a safe, efficient network.for residential mobility
and tourism.
Policy 4.4 Deschutes County shall consider roadway function, classification and capacity
as criteria for plan map amendments and zone changes. This shall assure that proposed
land uses do not exceed the planned capacity of the transportation system.
FINDING: The Applicants and the Staff Report asserts this policy advises the County to consider the
roadway function, classification and capacity as criteria for Comprehensive Plan amendments and zone
changes. Compliance with OAR 660-012, also known as the Transportation Planning Rule (TPR), is
described below in subsequent findings, and the Applicants and Staff assert that such compliance is
sufficient to demonstrate compliance with these transportation goals and policies.
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the
Application is consistent with this portion of the Comprehensive Plan.
3. Oregon Administrative Rules
The Applicants and the Staff Report identify several administrative rules as potentially applicable to the
Application. No other participant in this proceeding identified other applicable rules.'
OAR 660-006-0005
(7) "Forest lands " as defined in Goal 4 are those lands acknowledged as forest lands, or, in
the case of a plan amendment, forest lands shall include:
(a) Lands that are suitable for commercial forest uses, including adjacent or nearby
lands which are necessary to permit forest operations or practices; and
(b) Other forested lands that maintain soil, air, water and fish and wildlife resources.
FINDING: The Applicants and the Staff Report assert that the Subject Properties do not appear to qualify
as forest land and, therefore, the administrative rules relating to forest land are not applicable. The Subject
Properties are not zoned for forest lands, nor are any of the Subject Properties within a 4-mile radius of
forest lands. The Subject Properties do not contain merchantable tree species and there is no evidence in
the record that the Subject Properties have been employed for forestry uses historically.
3 Some administrative rules the Applicants address, or which appear in the Staff Report, have been omitted from this
Recommendation where the rule does not expressly impose an approval criterion.
Page 1 12
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the
Application is consistent with these administrative rules.
OAR 660-033-0020
For purposes of this division, the definitions in ORS 197.015, the Statewide Planning Goals, and
OAR Chapter 660 shall apply. In addition, the following definitions shall apply:
(1)(a) "Agricultural Land" as defined in Goal 3 includes:
(A) Lands classified by the U.S. Natural Resources Conservation Service (NRCS) as
predominantly Class I -IV soils in Western Oregon and I- VI soils in Eastern
Oregon;
FINDING: The Applicants' proposed Plan Amendment and Zone Change is premised on its assertion
that Subject Properties are not defined as "Agricultural Land." The Applicants specifically argue that the
Subject Properties are not properly classified as Agricultural Land and therefore do not merit protection
under Goal 3. As noted in earlier findings, the soils are predominately Class 7 and 8 soils that have severe
limitations for farm use.
The Staff Report agrees with the Applicants' representation of the soil data for the Subject Properties and
that the Subject Properties do not constitute "Agricultural Lands" as defined in OAR 660-033-
0020(1)(a)(A).
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the
Subject Properties should not be considered agricultural land under this part of the administrative rules.
(B) Land in other soil classes that is suitable for farm use as defined in ORS
215.203(2)(a), 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;
and accepted farming practices; and
FINDING: According to the Applicants, this part of the definition of "Agricultural Land" requires the
County to consider whether the Class 7 and 8 soils found on the Subject Properties are suitable for farm
use despite their Class 7 and 8 soil classification. The Applicants rely on a decision by the Oregon Supreme
Court that determined the term "farm use" as used in this rule and Goal 3 means the current employment
of land for the primary purpose of obtaining a profit in money through specific farming -related endeavors.'
Applying that definition, the Applicants describe various limitations on the ability of the Subject
Properties to support farm uses, including, among other factors, a lack of water rights and low soil fertility.
4 Wetherell v. Douglas County, 342 Or 666, 160 P3d 614 (2007).
Page 1 13
The Staff Report agrees with the Applicants that many factors — such as the current residential land uses
in the area, soil fertility, and amount of irrigation required — result in a relatively low possibility of farming
on the Subject Properties.
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the
Subject Properties should not be considered agricultural land under this part of the administrative rules.
(C) Land that is necessary to permit farm practices to be undertaken on adjacent or
nearby agricultural lands.
FINDING: According to the Applicants, the Subject Properties are not land necessary to permit farm
practices to be undertaken on adjacent or nearby lands. The nearest properties to the Subject Properties
that are agriculturally zoned and engaged in farm use are located across Hamby Road to the east on tax
lots 17-12-35-1300, 17-12-35-1301, and 17-12-35-1403, and an MUA-10 zoned parcel planned for
urbanization and upon which MOT is currently constructing a highway roundabout is located in between
the Subject Properties and these EFU parcels. The Applicants analyzed those properties and concluded
the Subject Properties are not necessary to permit farm practices to be undertaken on those properties.
The Staff Report concurs with the Applicants' analysis and finds no feasible way that the Subject
Properties are necessary for the purposes of permitting farm practices on any nearby parcels.
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the
Subject Properties should not be considered agricultural land under this part of the administrative rules.
(1)(b) Land incapability classes other than I-IVII-VI that is adjacent to or intermingled with
lands in capability classes I-IVII-VI within a farm unit, shall be inventoried as
agricultural lands even though this land may not be cropped or grazed;
FINDING: According to the Applicants, the Subject Properties are not part of a farm unit that includes
other lands not currently owned by the Applicants. The Subject Properties have no history of farm use and
contain soils that make there unsuitable for farm use. Therefore, there is no basis to inventory the Subject
Properties as agricultural land.
The record indicates the Subject Properties contain land in capability classes other than I -VI that is
adjacent to or intermingled with lands in capability classes I-Vl.
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the
Subject Properties should not be considered agricultural land under this part of the administrative rules.
Page 1 14
OAR 660-033-0030
(1) All land defined as "agricultural land" in OAR 660-033-0020(1) shall be inventoried as
agricultural land.
(2) When a jurisdiction determines the predominant soil capability classification of a lot or
parcel it need only look to the land within the lot or parcel being inventoried. However,
whether land is "suitable for farm use" requires an inquiry into factors beyond the mere
identification of scientific soil classifications. The factors are listed in the definition of
agricultural land set forth at OAR 660-033-0020(1)(a)(B). This inquiry requires the
consideration of conditions existing outside the lot or parcel being inventoried. Even if a
lot or parcel is not predominantly Class 1-IV soils or suitable for farm use, Goal 3
nonetheless defines as agricultural "lands in other classes which are necessary to permit
farm practices to be undertaken on adjacent or nearby lands ". A determination that a lot
or parcel is not agricultural land requires findings supported by substantial evidence that
addresses each of the, factors set, forth in 660-033-0020(1).
FINDING: As noted above, this Recommendation finds that the Subject Properties do not qualify as
agricultural land as defined by administrative rule, and they are not suitable for farming. Based on the
foregoing, and in the absence of any countervailing evidence or argument, I find that the administrative
rules do not require the Subject Properties to be inventoried as agricultural land.
(3) Goal 3 attaches no significance to the ownership of a lot or parcel when determining
whether it is agricultural land. Nearby or adjacent land, regardless of ownership, shall be
examined to the extent that a lot or parcel is either "suitable for farm use" or "necessary
to permit farm practices to be undertaken on adjacent or nearby lands" outside the lot or
parcel.
FINDING: As concluded in other findings above, the Subject Properties are not suitable for farm use and
are not necessary to pen -nit farm practices to be undertaken on adjacent or nearby lands. The ownership
of the Subject Properties is therefore not being used as a factor to determine whether the Subject Properties
are agricultural land.
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the
Application is consistent with this part of the administrative rules.
(S)(a) More detailed data on soil capability than is contained in the USDA Natural Resources
Conservation Service (NRCS) soil maps and soil surveys may be used to define agricultural
land. However, the more detailed soils data shall be related to the NRCS land capability
classification system.
(S)(b) If a person concludes that more detailed soils information than that contained in the Web
Soil Survey operated by the NRCS as of danuary 2, 2012, would assist a county to make a
better determination of whether land qualifies as agricultural land, the person must request
Page 1 15
that the department arrange for an assessment of the capability of the land by a
professional soil classifier who is chosen by the person, using the process described in
OAR 660-033-0045.
FINDING: The Applicants have elected to provide a more detailed agricultural soil assessment,
conducted by Andy Gallagher, a Certified Professional Soil Scientist approved by the Department of Land
Conservation and Development. No participant to this proceeding disputes the information provided in
that report or otherwise objects to the use of the date in that report. Based on the undisputed facts in that
report, the Subject Properties do not qualify as "agricultural land."
(c) This section and OAR 660-033-0045 apply to:
(A) A change to the designation of land planned and zoned for exclusive farm use, forest
use or mixed farm forest use to a non -resource plan designation and zone on the
basis that such land is not agricultural land; and
FINDING: I find that this administrative rule does not establish a particular standard and simply confirms
when this section of the administrative rules applies.
(d) This section and OAR 660-033-0045 implement ORS 215.211, effective on October 1,
2011. After this date, only those soils assessments certified by the department under section
(9) of this rule may be considered by local governments in land use proceedings described
in subsection (c) of this section. However, a local government may consider soils
assessments that have been completed and submitted prior to October 1, 2011.
FINDING: The Applicants submitted a soil study dated March 15, 2022. The soils study was submitted
following the ORS 215.211 effective date. The Staff Report notes that Staff received acknowledgement
from Hilary Foote, Farni/Forest Specialist with the DLCD, on May 5, 2022, that the soil study is complete
and consistent with DLCD's reporting requirements. The Staff Report therefore finds this criterion to be
met based on the submitted soil study, and confirmation of completeness and consistency from DLCD.
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the
Application is consistent with this part of the administrative rules.
OAR 660-012-0060
(1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use
regulation (including a zoning map) would significantly affect an existing or planned
transportation facility, then the local government must put in place measures as provided
in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of
this rule. A plan or land use regulation amendment significantly affects a transportation
facility if it would:
Page 1 16
(a) Change the functional classification of an existing or planned transportation
facility (exclusive of correction of'map errors in an adopted plan);
(b) Change standards implementing a functional classification system; or
(c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection
based on projected conditions measured at the end of the planningperiod identified
in the adopted TSP. As part of evaluating projected conditions, the amount of traffic
projected to be generated within the area of the amendment may be reduced if the
amendment includes an enforceable, ongoing requirement that would
demonstrably limit traffic generation, including, but not limited to, transportation
demand management. This reduction may diminish or completely eliminate the
significant effect of the amendment.
(A) Types or levels of travel or access that are inconsistent with the functional
classification of an existing or planned transportation facility;
(B) Degrade the performance of an existing or planned transportation facility
such that it would not meet the performance standards identified in the TSP
or comprehensive plan; or
(C) Degrade the performance of an existing or planned transportation facility,
that is otherwise projected to not meet the performance standards identified
in the TSP or comprehensive plan.
FINDING: This administrative rule is applicable to the Plan Amendment and the Zone Change because
they involve an amendment to an acknowledged comprehensive plan. The Applicants assert that the zone
change will not result in a significant effect to the transportation system. In support of that assertion, the
Applicants submitted a transportation impact analysis memorandum dated March 22, 2022, prepared by
traffic engineer, Joe Bessman, PE, which is later supplemented. No participant to this proceeding disputed
the information in the impact analysis or otherwise objected to the use of that information.
The County Transportation Planner agreed with the report's conclusions, as supplemented. As a result,
the Staff Report finds that the Plan Amendment and Zone Change will be consistent with the identified
function, capacity, and performance standards of the County's transportation facilities in the area. The
Staff Report also concluded the proposed zone change will not change the functional classification of any
existing or planned transportation facilities or change the standards implementing a functional
classification system.
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the
Application satisfies this administrative rule.
Page 1 17
Statewide Planning Goals and Guidelines
Division 15 of OAR chapter 660 sets forth the Statewide Planning Goals and Guidelines, with which all
comprehensive plan amendments must demonstrate compliance. The Applicants assert the Application is
consistent with all applicable Goals and Guidelines, which no participant to this proceeding disputes. In
light of the foregoing, and in the absence of any counter evidence or argument, I adopt the Applicants'
position and find that the Plan Amendment and Zone Change are consistent with the applicable Goals and
Guidelines as follows:
Goal 1, Citizen Involvement. Deschutes County will provide notice of the application to the
public through mailed notice to affected property owners and by requiring the Applicants to post
a "proposed land use action sign" on the Subject Properties. Notice of the Hearings held regarding
this application was placed in the Bend Bulletin. A minimum of two public hearings will be held
to consider the Application.
Goal 2, Land Use Planning. Goals, policies and processes related to zone change applications are
included in the Deschutes County Comprehensive Plan and Titles 18 and 23 of the Deschutes
County Code. The outcome of the Application will be based on findings of fact and conclusions
of law related to the applicable provisions of those laws as required by Goal 2.
Goal 3, Agricultural Lands. The Applicants have shown that the Subject Properties are not
agricultural land because they consists predominantly of Class 7 and 8 soils that are not suitable
for farm use.
Goal 4, Forest Lands. Goal 4 is not applicable because the Subject Properties do not include any
lands that are zoned for, or that support, forest uses.
Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces. Deschutes County
DIAL property information and Interactive Map show the Subject Properties have "wetlands" that
correspond with Central Oregon Irrigation District's irrigation distribution system within the
Subject Properties. According to the Comprehensive Plan (Chapters 2, Resource Management and
5, Supplemental Sections), in 1992 Deschutes County Ordinance 92-045 adopted all wetlands
identified on the U. S. Fish and Wildlife Service National Wetland Inventory (NWI) Maps as the
Deschutes County wetland inventory. In addition, as described in the Comprehensive Plan, the
NWI Map "shows an inventory of wetlands based on high -altitude aerial photos and limited field
work. While the NWI can be useful for many resource management and planning purposes, its
small scale, accuracy limitations, errors of omission that range up to 55 percent (existing wetlands
not shown on NWI), age (1980s), and absence of property boundaries make it unsuitable for parcel -
based decision making."
The Comprehensive Plan has no specific protections for wetlands; protections are provided by
ordinances that implement Goal 5 protections (for example, fill and removal zoning code
regulations). In the case of irrigation district performing work within wetlands, DCC
18.120.050(C) regarding fill and removal exceptions allows fill and removal activities as a use
permitted outright.
Page 1 18
Because the Plan Amendment and Zone Change are not development, there is no impact to any
Goal 5 resource. Any potential future development of a wetland — no matter what zone the wetland
is in — will be subject to review by the County's fill and removal regulations.
Goal 6, Air, Water, and Land Resources Quality. The approval of this Application will not
impact the quality of the air, water, and land resources of the County. Any future development of
the Subject Properties will be subject to applicable local, state, and federal regulations that protect
these resources.
Goal 7, Areas Subject to Natural Disasters and Hazards. According to the Deschutes County
DIAL property information and Interactive Map, the entirety of Deschutes County, including the
Subject Properties, is located in a Wildfire Hazard Area. The Subject Properties are also located
in Rural Fire Protection District #2. Rezoning the property to MUA-10 does not change the
Wildfire Hazard Area designation. Any future development of the Subject Properties would need
to demonstrate compliance with any fire protection regulations and requirements of Deschutes
County.
Goal 8, Recreational Needs. This goal is not applicable because no development is proposed and
the Subject Properties are not planned to meet the recreational needs of Deschutes County.
Therefore, the proposed rezone will not impact the recreational needs of Deschutes County.
Goal 9, Economy of the State. This goal is not applicable because the Subject Properties are not
designated as Goal 9 economic development land. In addition, the approval of this application
will not adversely affect economic activities of the state or area.
Goal 10, Housing. The County's comprehensive plan Goal 10 analysis anticipates that farm
properties with poor soils, like the Subject Properties, will be converted from EFU to MUA-10 or
RR-10 zoning and that these lands will help meet the need for rural housing. Approval of this
Application, therefore, is consistent with Goal 10 as implemented by the acknowledged Deschutes
County Comprehensive Plan.
Goal 11, Public Facilities and Services. The approval of this Application will have no adverse
impact on the provision of public facilities and services to the Subject Properties. Pacific Power
has confirmed that it has the capacity to serve the Subject Properties and the proposal will not
result in the extension of urban services to rural areas.
Goal 12, Transportation. This application complies with the Transportation System Planning
Rule, OAR 660-012-0060, the rule that implements Goal 12. Compliance with that rule also
demonstrates compliance with Goal 12.
Goal 13, Energy Conservation. The approval of this Application does not impede energy
conservation. The Subject Properties are located adjacent to the city limits for the City of Bend.
If the Subject Properties are developed with residential dwellings in the future, providing homes
Page 1 19
in this location as opposed to more remote rural locations will conserve energy needed for residents
to travel to work, shopping and other essential services provided in the City of Bend.
Goal 14, Urbanization. This goal is not applicable because the Applicants' proposal does not
involve property within an urban growth boundary and does not involve the urbanization of rural
land. The MUA-10 zone is an acknowledged rural residential zoning district that limits the
intensity and density of developments to rural levels. The compliance of this zone with Goal 14
was recently acknowledged when the County amended its Comprehensive Plan. The
Comprehensive Plan recognizes the fact that the MUA-10 and RR zones are the zones that will be
applied to lands designated Rural Residential Exception Areas.
Goals 15 through 19. These goals do not apply to land in Central Oregon.
III. OTHER COMMENTS IN THE RECORD
Although only the Applicants and Staff participated in the Hearing, Staff did receive some comments on
the Application in response to the Application Notice. The Record contains public comments concerning
potential loss of farmland, impacts to wildlife, and potential for increased housing density. I find that each
of these comments is generic in nature, and none address specific criteria applicable to the request for the
Plan Amendment or Zone Change. The existence of those comments in the record, therefore, does not
affect the factual findings in the Staff Report or the Endings in this Recommendation.
IV. CONCLUSION
Based on the foregoing findings, I find the Applicants have met their burden of proof with respect to the
standards for approving the requested Plan Amendment and Zone Change. I therefore recommend to the
County Board of Commissioners that the Application be APPROVED.
Dated this 12t" day of December 2022
Tommy A. Brooks
Deschutes County Hearings Officer
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VTES COG2-A
BOARD OF
COMMISSIONERS
MEETING DATE: June 21, 2023
SUBJECT: Second reading of Ordinance No. 2023-010 for a Plan Amendment and Zone
Change for approximately 93 acres east of Bend and north of Highway 20
RECOMMENDED MOTION:
1. Move approval of second reading of Ordinance No. 2023-010 by title only.
2. Move adoption of Ordinance No. 2023-010.
BACKGROUND AND POLICY IMPLICATIONS:
The Board of County Commissioners will consider second reading of Ordinance No. 2023-
010 relating to a request for a Plan Amendment and Zone Change (file nos. 247-22-000313-
ZC, 314-PA) for property totaling approximately 93 acres to the east of the City of Bend and
north of Highway 20. The Board conducted first reading of this ordinance on June 7`h
The electronic record can be accessed on the project webpage at this link.
BUDGET IMPACTS:
None
ATTENDANCE:
Nathaniel Miller, Associate Planner
MEMORANDUM
TO: Deschutes County Board of Commissioners (Board)
FROM: Nathaniel Miller, Associate Planner
DATE: June 21, 2023
SUBJECT: Consideration of Second Reading of Ordinance 2023-010 - A Plan Amendment and
Zone Change (file nos. 247-22-000313-ZC, 314-PA).
The Board of County Commissioners (Board) will conduct a second reading of Ordinance 2023-010
on June 21, 2023 to consider a request for a Plan Amendment and Zone Change (file nos. 247-22-
000313-ZC, 314-PA) for two tax lots totaling approximately 93 acres, to the east of the City of Bend
and north of Highway 20.
I. BACKGROUND
The applicant and property owner, Te Arno Despacio LLC and CTH Investments LLC, is requesting a
Comprehensive Plan Amendment to re -designate the subject property from Agriculture to Rural
Residential Exception Area and a Zoning Map Amendment to rezone the property from Exclusive
Farm Use (EFU) to Multiple Use Agricultural (MUA-10). The applicant argues that the subject property
does not meet the definition of "agricultural land" due to its poor soil quality. For this reason, it is the
applicant's position that a mistake was made when the property was originally zoned and MUA-10
zoning is more appropriate. The applicant provided a supplementary soil study that identifies non -
high value (Class VII and VIII) soils on a majority (73%) of the subject properties.
A public hearing before a Hearings Officer was conducted on November 15, 2022 with the Hearings
Officer's recommendation of approval issued on December 15, 2022. The Board held a public hearing
on April 5, 2023 and initiated a 14-day open record period, which concluded April 19, 2023. On May
10, the Board deliberated to approve the requests, with a unanimous vote in favor of the subject
applications.
II. SECOND READING
The Board is scheduled to conduct the second reading of Ordinance 2023-010 on June 21, 2023,
fourteen (14) days following the first reading.
ATTACHMENTS:
1. Draft Ordinance 2023-010 and Exhibits
Exhibit A: Legal Descriptions
Exhibit B: Proposed Plan Amendment Map
Exhibit C: Proposed Zone Change Map
Exhibit D: Comprehensive Plan Section 23.01.010, Introduction
Exhibit E: Comprehensive Plan Section 5.12, Legislative History
Exhibit F: Hearings Officer Recommendation
Page 2 of 2