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Home My WebLink About80-207• VOL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Ordinance ) No. PL -15, Deschutes County Zoning ) Ordinance of 1979; Rezoning Certain ) Property from Exclusive Farm Use- ) 20 (EFU-4) Zone to Multiple Use ) Agriculture (MUA) Zone; and ) P� Declaring an Emergency ) ROSE o . �M+cHc,��Qu n'�spN ORDINANCE NO. 80-207 MY "K WHEREAS, the owners of certain property in Deschutes County, Oregon, applied to the Deschutes County Planning Department for the purpose of rezoning certain property from Exclusive Farm Use -20 (EFU-4) Zone to Multiple Use Agriculture (MUA) Zone; and WHEREAS, notice of hearing was given in accordance with law; and WHEREAS, the Hearings Officer held a hearing on the pro- posed zone change on September 9, 1980; and WHEREAS, the Hearings Officer recommended that the property be rezoned from Exclusive Farm Use -20 (EFU-4) Zone to Multiple Use Agriculture (MUA) Zone by decision date. September 24, 1980; and WHEREAS, the decision of the Hearings Officer has not been appealed to the Deschutes County Planning Commission; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. To amend Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, to change the zoning from Exclusive Farm Use -20 (EFU-4) Zone to Multiple Use Agriculture (MUA) Zone, for the parcel of real property described as: Tax Lot 202, Section 24, Township 17 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, and depicted on the map marked Exhibit A, attached hereto and by this reference incorporated herein. Section 2. To adopt as the Board of County Commissioners' findings an conclusions, the findings and decision of the Hearings Officer dated September 24, 1980, relating to zone change number Z-80-28, marked Exhibit B, attached hereto and by this reference incorporated herein. ORDINANCE NO. 80-207, PAGE 1 Section 3. immediate preservation emergency is declared on its passage. This ordinance being necessary for the of public peace, health and safety, an to exist, and this ordinance takes effect DATED this LOA�day of , 1980. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ALBERT A. YOUNVhairm. 6414-1� J CLAY C. 9REPARD, Commissioner i ROBERT C. PAULSON, JR., Comm' Toner ATTEST: TAMMY CHARDSON Recording Secretary ORDINANCE NO. 80-207, PAGE 2 CHV?:,, VOL 36ME 964 HEARINGS OFFICER 060 y DESCHUTES COUNTY COURTHOUSE BEND, OREGON 97701 TELEPHONE (503) 382-4"000, EXT. 223 FILE NO: ATMT Trnr?m. FINDINGS AND DECISION ri�:ilII►•�:l Gerald E. Lucas REQUEST: An application for a zone change from EFU-20 Exclusive Farm Use to MUA-10, Multiple Use ,Agriculture in accord- ance with Section 10.040 of Deschutes County Ordinance PL -15. PLANNING STAFF REPRESENTATIVE: Richard Knoll PLANNING STAFF RECOMMENDATION: PUBLIC HEARING: BURDEN OF PROOF: FINDINGS: A. Subject Property: 1. 0 3. Approval Public Hearing was held in room 1,06, Deschutes County Courthouse. Annex, Bend, Oregon on September 9, 1980 at. 7:00 P.M. An oral .decision was rendered at that time. In order for the applicant to rea:eive a favorable recom- mendation from the Board of Descliutes County Commissioners for this zone change the applicant must meet Section 10.040 of Deschutes County Zoning Ordinance PL -15. Location: The subject property is located southeast of Los Serranos Subdivision. The property is further described as Tax Lot 202, Township 17 south, Range 12 east, Section 2.4. Zone: EFU-20, Exclusive Farm Use, 20 acre minimum. Comprehensive Plan Designation: Agricultural 4. Site Description: The subject property is 23.64 acres in size and is currently vacant with a moderate covering of Jtin.iper trees and sagebrush. The USDA Conservation Service has classi- fied this property as predominately Scabland Class VI soafl,s. About 10% of. the property is classified as Dsa - Deschutes Sandy loams, stony Class III soils. The property has not been assigned any irrigation water according to C.O.I. The prop- erty is tranversed by two irrigation canal lateral runnin,7, north and northeast. The Deschutes County Tax Assessor - Farm Assessor has classified this property as predominately Class VII soils. Z-80-28 - GERALD E. LUCAS - PAGE 1 EXHIBIT B, PAGE 1 VOL 36ME 265 VICINITY INFORMATION: The surrounding land uses include larger acreage lots to the east, north and south, these lots are primaily vacant. Los Serranos Subdivision is existing to the west with single family dwellings on five (5) acre lots. The surrounding zoning classifications are MUA-10 to the west, and EFU-20 to the north, south and east. CONCLUSIONS: The applicant has addressed the criteria established in Section 10.040 of PL -15 as follows: A. The rezoning is consitent with the Comprehensive Plan: The Deschutes County Comprehensive Plan has defined agricultural lands as those lands which are indentified as possessing Soil Conservation Service Agricultural Capability Class I-IV Soils. The Comprehensive Plan has attempted to meet the statewide land use goals and in this case, Goal X13, Agricultural Lands. The Statewide Land Use Goal #3 defines Agricultural Land in.Eastern Oregon as that land of predominately Class I, II, III, V,,and VI and other lands which are suitable for farm use taking into consideration soil fertility, suitability for grazing, cliamtaic conditions, existing and future availability of water for farm irrigation. The subject property doe not meet the definition of agricultural lands as spelled out in.the Deschutes County Comprehensive Plan. The rezoning meets the intent of the Comprehensive Plan. B. That the rezoning to MUA-10 will not interfer with any existing neighboring agri- cultural use, regardless of the existing zoning on such neighboring land. The subject property is not immediately adjacent to lands which are devoted to -an intensive agricultural use. There would not appear to be a substantial inter- ference with existing neighboring agricultural uses. Lots to the west are gen- erally smaller in nature and again there would not seem to be a significant impact on that area. C. That the land has a Soil Conservation Service Capability that is the subject of the application predominately consists of soils in Classification VI or VII, or is not classified. The subject property consists of predominately Class VI soils according to SCS wall maps. D. If subsection C is satisfied, that the land that is the subject of the appli- cation predominantly consists of soils in Agricultural Soil Conservation Survey Classification VII or VIII, or in unclassified. The soil has been classified by the SCS as Class VII soils with 10% Class III according to the SCS Deschutes Area Manual. E. If subsection D is satisfied, the County Assessor finds that the land subject to the application predominantly consists of soils in Grade VII or VIII, as determined by the Oregon Department of of Revenue Methods Manual, Section on Mass Appraisal of Farm and Ranch Properties, or is not graded. The County Tax Assessor has classified the entire parcel as Class VII. Z-80-28 - GERALD E. LUCAS - PAGE 2 EXHIBIT B, PAGE 2 VOL �6PAGE 4,66 F. The land is not classified under any of C., D., or E., as testing method approved by the Planning Director and executed by a certified soil scientist discloses that.the soil consists predominately of Class VII under the Soil Conservation Service Capability Classification System. Not Applicable. G. That the land does not have sufficient water rights or existing water supply to allow farm use, as determined in ORS 215.203(2). The subject property does not have irrigation water available to it. The Hearings Officer recommends to the Board of County Commissioners that Zone Change 80-28 be approved. DATED thisWJ� day' P of September, 1980 o� _ The recommendation becomes final 15 days after the above date, unless appealed to the Planning Commission by a party of interest. MA: ch cc: file Planning Department Planning Commission Gerald E. Lucas Z-80-28 - GERALD E. LUCAS - PAGE 3 EXHIBIT B, PAGE 3