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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES{C6dA7,_ 01 0
An Ordinance Amending Ordinance
No. PL -20, Deschutes County Year
2000 Comprehensive Plan; Redesignating ) <
Certain Property from Agriculture
to Excepted Lands; and Declaring an )
Emergency )
ORDINANCE NO. 80-209
WHEREAS, Deschutes County proposed the redesignation
of certain property from Agriculture to Excepted Lands; and
WHEREAS, a notice of hearing was given in accordance
with law; and
WHEREAS, the Hearings Officer held a hearing on the pro-
posed Comprehensive Plan change on June 24, 1980, and July 15,
1980; and
WHEREAS, the Hearings Officer recommended that the.property
be redesignated from Agriculture to Excepted Lands by decision
dated August 8, 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 -20, Deschutes County
Year 2000 Comprehensive Plan, to change the designation from
Agriculture to Excepted Lands, for the parcel of real property
described as:
Tax Lots 1100, 1102, and 1103, Section 19,
Township 17 South, Range 13 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 and conclusions, the findings and decision of the Hearings
Officer dated August 8, 1980, relating to Plan Amendment number
PA -80-6, marked Exhibit B, attached hereto and by this reference
incorporated herein.
ORDINANCE NO. 80-209, PAGE 1
a{fix
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Section 3. This ordinance being necessary for the
immediate preservation of public peace, health and safety, an
emergency is declared to exist, and this ordinance takes effect
on its passage.
DATED this
% day of 1980.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
(�O""')
ROBERT C. PAULSON, JR., Commissioner
ATTEST:
TAMMY J. RI RDSON
Recording Secretary
ORDINANCE NO. 80- 209, PAGE 2
E X H I B I T
VOL
a
MAGE 233
17 13 19:'
EGEND:
Except..ed
Lands
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VOL 36P AGE 234
HEARINGS OFFICER
DESCHUTES COUNTY COURTHOUSE SEND, OREGON 97701
TELEPHONE (503) 382-4000, EXT. 223
FINDINGS AND DECISION
FILE NO:
PA -80-6
APPLICANT:
Deschutes County
REQUEST:
Application for a plan amendment (exception to Goal #3).
PLANNING STAFF
REPRESENTATIVE:
Brian Christenson
PLANNING STAFF
RECOMMENDATION:
Denial
PUBLIC HEARING:
Public Hearing was held in Courtroom B in the Deschutes County
Justice Building, Bend, Oregon on June 24, 1980 at 7:00
P.M. This matter was continued until the meeting held on
July 15, 1980 at 7:00 P.M. This hearing was held in the
Deschutes County Courthouse Annex in room 106 at 7:00 P.M.
An oral decision was rendered at this time.
BURDEN OF PROOF:
In order to receive a favorable recommendation for a plan
amendment the applicant must meet Section 6.000.of the
Deschutes County Procedural Ordinance PL -9. He also must
establish that there is a public need for change of the
kind in question. In addition the application must be in
conformance with the Comprehensive Plan, applicable State
Statutes and County Ordinances.
FINDINGS:
A. Subject Property:
1. Location:
The subject property is located at the northwest corner of Powell Butte and Nelson
Roads, and is further described as Tax Lots 1102, 1103 and 1100, Township 17 south,
Range 13 east, Section 19.
2. Zone:
EFU-20, Exclusive Farm Use.
3. Comprehensive Plan Designation:
Agricultural
4. Site Description:
The subject property is generally level with some areas of juniper trees, and is
currently being used for pasture. The property is approximately 63 acres in
size and is presently vacant. The property has predominantly Class III soils
according to the SCS Land Capability Map for Deschutes County. The land is
PA -80-6 - DESCHUTES COUNTY - PAGE 1
EXHIBIT B, PAGE 1
VOL 36PAGE �nti3
approximately 2 - 2 1/2 miles outside the Bend Urban Growth Boundary. The
subject property was recently given final approval to partition the original
63 acre parcel into a ten, a thirteen, and a forty acre parcel. The subject
property has 64.5 acres of C.O.I. irrigation water allocated to it.
VICINITY INFORMATION:
To the east is the Bend Airport (zoned A -D), to the north are a numbe of small parcels
and one eighteen (18) acre parcel (zoned MUA-10), to the west are parcels that are
between 10 and 20 acres in size (zoned EFU-20 and MUA-10), and to the south lie
mostly twenty (20) acre parcels (zoned EFU-20). The general area, except for the
airport, is being used for hay production and the raising of livestock.
CONCLUSIONS:
The Deschutes Comprehensive Plan on Page 145, under policy #1, indicates that all
lands being the definition of agricultural land shall be zoned Exclusive Farm Use,
unless an exception to State Goal #3 is obtained so that zoning may be Multiple Use
Agricultural. Further the plan indicates on policies regarding converversion of
of agricultural lands to non-agricultural uses the following has to happen:
A. Acceptable environmental, energy, social and economic consequences; and
B. Demonstrated need consistent with Land Conservation and Development Commission
Goals and ORS 215.213.
Based upon the information provided by the applicant, namely the number of exhibits
submitted, particularly Exhibit #2, indicated the criteria necessary in identifying
areas that should be established in Multiple Use Agricultural and to be excepted
from the State Land -Use Goals. The Hearings Officer finds specifically that this
application meets that criteria contained in Exhibit #2. Further Exhibit #1 submitted
by the applicant page #2, indicates that the land will be more efficiently utilized
and preserved in smaller parcels. Also no Class I to IV soils will be lost from
farm use by the approval of this application. There is adequate area for homesites
on Class VI or VII soils. In addition Exhibit #6 submitted by the owner of the
property is the motion by the Board of County Commissioners establishing the intent
of the Board to use this criteria as it pertains to this particular property.
In addition the LCDC in reveiwing Deschutes County's Comprehensive Plan and Zoning
Ordinance as it relates to the exception policy under Goal #3 had indicated "finally,
the department believes that the exception statement is adequate and detailed enough
given circumstances in Deschutes to demonstrate that the lands in question are
committed to non-farm and non -forest uses and thus no longer available for farm and
forest uses." This includes and approves the doctrine and criteria established by the
County for determining those items which are to be in the exception statement from
EFU zoning.
RECOMMENDATION:
The Hearings Officer recommends that PA -80-6 for approval to take this property
under the exception statement of Goal #3 and remove it from EFU designation.
DATED this day of August, 1980.
This recommendation becomes final 15 days after the above date unless appealed to
the Planning Commission by a party of interest.
PA -80-6 - DESCHUTES COUNTY - PAGE 2 EXHIBIT B, PAGE 2
MyerAvedoveo4if
HEARINGS OFFICER
MA: CH
CC: file
Planning Department
Planning Commission
BOCC
Jill Thompson
Daniel Van Vactor
PA -80-6 - DESCHUTES COUNTY -PAGE 3
VOL 36PAGE �'?36
EXHIBIT B, PAGE 3