The URL can be used to link to this page

Home My WebLink About80-214BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, ORH1U? Xc � An Ordinance Amending Ordinance No. ) �� PL -15, Deschutes County Zoning ) 4) Ordinance of 1979; Rezoning Certain Property from Exclusive Farm Use -20 ) (EFU-4) Zone to Multiple Use Agriculture (MUA) Zone; and Declar- ing an Emergency ) ORDINANCE NO. 80-214 WHEREAS, Deschutes County proposed the rezoning of 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 June 24, 1980, and July 15, 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 dated August 12, 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 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 Hear- ings Officer dated September 24, 1980, relating to zone change number Z-80-21, marked Exhibit B, attached hereto and by this reference incorporated herein. ORDINANCE NO. 80-214, PAGE 1 AGE 71 ,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 JE/4*10sday of October, 1980. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON 6 O ROBERT C. PAUL N, JR., Commissioner ATTEST: TAMMY J IRDSO, No Recording Secretary ORDINANCE NO. 80-214, PAGE 2 E X H I B I T A + 17 VOL 36PAGE 75 13 : 19 SND: Multiple Use =iculcural 4UA) Zone Jorfk = IL/oo' - 30= I -1 FILE NO: APPLICANT: REQUEST: PLANNING STAFF REPRESENTATIVE: PLANNING STAFF RECOMMENDATION: PUBLIC HEARING: VOL 36PAGE 76 HEARINGS OFFICER DESCHUTES COUNTY COURTHOUSE BEND, OREGON 97701 TELEPHONE (503) 382-4000, EXT. 223 FINDINGS AND DECISION Z-80-21 Deschutes County Application for a zone change from EFU-20, Exclusive Farm Use to MUA-10, Multiple Use Agricultural. Brian Christenson Denial Public Hearing was held in Courtroom B in the Deschutes County Justice Building, Bend, Oregon on June -_24th, 1980 at 7:00 P.M. This matter was continued until the July 15, 1980 meeting 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 that time. BURDEN OF PROOF: In order to receive a favorable recommendation for a zone change 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 conform- ance with the Comprehensive Plan, applicable Stat 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. Comprehenisve Plan Amendment: 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 Z-80-21 - DESCHUTES COUNTY - PAGE 1 EXHIBIT B, PAGE 1 VOL uUPAGE 17 to the SCS Land Capability Map for Deschutes County. The land is approxi- matley 2 to 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 number 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), 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 X61, indicates that all lands being the definition of agricultural land shall be zonLsd Exclusive Farm Use, unless an exception to State Goal #3 is obtained so that zoning may be MUA-10, Multiple Use Agricultutal. Further the plan indicates on policies regarding con- version 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 MUA 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 on 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 additon, the LCDC in reviewing 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 com- mitted to non-farm an 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 exception statement from EFU zoning. This property will provide for three additional homes and would not•be,.taken entirely away from agricultural use, in that it would be a Multiple Use Agricultural desig- nation leaving some agricultural benefit to the property. RECOMMENDATON: The Hearings Officer recommends that Zone Change 80-21 from EFU-20 to MUA-10 be approved. This application needs to be taken in consideration with PA -80-6 and if that plan amendment is denied, then this application must also be denied. This recommendation becomes final recommendation in 15 days after this date, unless appealed to the Planning Commission by a party of interest. Z-80-21 - DESCHUTES COUNTY - PAGE 2 EXHIBIT B, PAGE 2 DATED this jam' day of August, 1980 MA: ch cc: file Planning Commission Planning Department Deschutes County Counsel Dolo Cutter Z-80-21 - DESCHUTES COUNTY -PAGE 3 VOL A 6PAGE '78 EXHIBIT B, PAGE 3