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Home My WebLink About80-219VOL 3, 64GE' 67 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979; Re- ) e zoning Certain Property from ) 6" E Exclusive Farm Use -20 (EFU-4) ) Zone to Multiple Use Agriculture (MUA) Zone ) is80 ROSEMARY PATTERSO�y ORDINANCE N0. 80-219 DESCHUTES COUNTY CLERK WHEREAS, Calvin J. Butler 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 proposed zone change on October 14, 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 November 3, 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 Mutliple Use Agriculture (MUA) Zone for the parcel of real property described as: Tax Lot 1100, Section 18, 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. ORDINANCE NO. 80-219, PAGE 1 v VOL 36WE � Section 2. to adopt as the Board of County Commissioners' findings and conclusions, the findings and decision of the Hearings Officer dated November 3, 1980, relating to Zone Change Application Number Z-80-29, marked Exhibit B, attached hereto and by this reference incorporated herein. DATED this `-4 day of A 1980. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON c ROBERT C. PAULSON, JR., Commi s' ATTEST: TAMMYJ R HA DSON Recordi g Secretary ORDINANCE NO. 80-219, PAGE 2 ol-"C'I'1011413 TF/S. 13.13F.WfA. DC'M!U1*L-',r'j COUNTY 2adE CAANM VOL 36PAGE 3069 Ste 1.100 17 13 T•►�S R-�8� ��d�l l8 ��nl Nl 17 13 GEY4 W 44 TL- R00 LEGEND: Multiple Use Agriculture EXHIBIT A 2 jo, cl3 , 0" vaL ►:PAGE 3 r 0 ' �gCHUTF HEARINGS OFFICER CO u N1 DESCHUTES COUNTY COURTHOUSE BEND, OREGON 97701 TELEPHONE (503) 382-4000, EXT. 223 rFINDINGS AND DECISION FILE NO: Z-80-29 APPLICANT: Calvin J. Butler REQUEST: An application for a zone change from EFU-20 to MUA-10 in accordance with Section -10.040 of Deschutes County Zoning Ordinance PL -15. PLANNING STAFF REPRESENTATIVE: Richard Knoll PLANNING STAFF RECOMMENDATION: Approval PUBLIC HEARING: Public Hearing was held in room 106, Deschutes County Courthouse Annex, Bend, Oregon on October, 1980 at 7:00 P.M. An oral decision was rendered at that time. BURDEN OF PROOF: In order to receive approval of the zone change appli- cation the applicant must meet the criteria set forth in Section 10.040 of Deschutes County Zoning Ordinance PL -15. FINDINGS: A. Subject Property: 1. Location: The subject property is located !-� mile west of the Bend Airport on the north side of Butler Market Road. The property is further described as Tax Lot 1100, Township 17 south, Range 13 east, Section 18. 2. Zone: EFU-20, Exclusive Agricultural, 20 acre minimum 3. Comprehensive Plan Designation: Agricultural 4. Site Description: The subject property is approximately 39 acres in size and is currently vacant of structures. The topography is varied with numerous rock outcroppings and is covered with juniper trees, sage and natural grasses. The property is bordered by Butler Market Road and an easement exists on the east side. There is no irrigation water available to the site according to C.O.I. The soil classifi- cation for this parcel accoridng to the USDA Conservation Service is approximate- ly 75%'Sb-Scabland - Class VII soils. The property is currently being assessed at market value. Access to this parcel is from Butler Market Road. Z-80-29 CALVIN J BUTLER - PAGE1XH VICINITY INFORMATION: VOL 364GE v 7 .1. The surrounding land use includes larger lot homesites to the north, west and to the south of the subject parcel with Classic Estates Subdivision, and to the east are 2.0 to 2.5 acre homesites. The surrounding classification is MUA-10, Multiple Use Agricultural to the east and EFU-20, Exclusive Farm Use, 20 acre minimum to the north, south and west of the subject site. CONCLUSIONS: A. The rezoning is consistent with the Comprehensive Plan: The Deszhutes County Comprehensive Plan has defined agricultural lands as those lands which are indentified as possessing Soil Conservation Service Capability Class I-IV soils. The Comprehensive Plan has attempted to meet the Statewide Land Use Goals and in this case, Goal 3, Agricultural Lands. The Statewide Land Use Goal #3 defines agricultural land in eastern Oregon as that land of predominantly Class I, II, III, V, and VI soils, and other lands which are suitable for farm use taking into consideration soil fertility, suitability for grazing, climatic con- ditions, existing and future availablity of water for farm irrigation and so on (see Goal #3) . This proposal does not seem to meet the definition of agricultural lands according to the Statewide Land Use Goals of the the County Comprehensive Plan. The only soils which are consistent with the agricultural lands definition are those which exist in the northeastern part of the subject property with Class III soils. B. That the rezoning to MUA-10 will not interfere with any existing neighboring agri- cultural use, regardless of the existing zoning on such neighboring land. Because of the presence of smaller lots in the area, there would not seem to be a great potential for interference with any existing neighboring agricultural uses. C. That the land has a Soil Conservation Service Capacity that is the subject of the application predominantly consists of soils in Classification VI or VII, or is not classified. The subject property has a SSC Soil Capability of 75% Class VII soils and about 25% Class III soils. D. If Subsection C is satisfied that the land that is the subject of the application predominantly consists of soils in Agricultural Soil Conservation Survey Classifi- cation VII or VIII, or in unclassified. Not applicable, C above has been satisfied. 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 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. F. The land is not classified under any the planning Drector and executed by soil consists predominantly of Class Capability Classification System. Not applicable Z-80-29 CALVIN J BUTLER - PAGE 2 of C, D, or E, a testing method approved by a certified soil scientist discloses that the VII under the Soil Conservation Service ( VOL 36PAGE v 72 G. That the land does not have sufficient water rights or existing water supply to allow farm use, as defined in ORS -215.203 (2). The subject property doe not have irrigation water available to it. DECISION: The Hearings Officer approves this zone change from EFU-20 to MUA-10 based upon the above information, with the following conditions: 1. That the land which shown as Class III soils shall be designated as a non - occupancy area. J No DATED this J day of Loe"i!po� 1980. This decision becomes final 15 days after the above date, unless appealed to the Planning Commissio! n by a party of interest. C_ G' _ 'j r2 Myer Ave( HEARINGS OFFICER MA: ch cc:File Planning Department Planning Commission Calvin J. Butler 2-80-29 - CALVIN J. BUTLER - PAGE 3 x