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Home My WebLink About81-013VOL 37?�cE 5 BEFORE1'THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Ordinance ) No. PL -15, Deschutes County ) Zoning Ordinance of 1979; Re- ) F zoning Certain Property from ) ` Exclusive Farm Use -40 (EFU-3) ) Zone to Multiple Use Agri- ) FEB culture (MUA-10) Zone, and De- claring an Emergency ) ROSEMARY ORDINANCE NO. 81-013 DESCHUTES C( NTYR�La ERK WHEREAS, Richard D. Crawford proposed the rezoning of certain property from Exclusive Farm Use -40 (EFU-3) Zone to Multiple Use Agriculture (MUA-10) 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 November 13, 1980; and WHEREAS, the Hearings Officer recommended that the property be rezoned from Excluisve Farm Use -40 (EFU-3) Zone to Multiple Use Agriculture (MUA-10) Zone, by decision dated December 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 -40 (EFU-3) Zone to Multiple Use Agriculture (MUA-10) Zone for the parcel of real property described as: Tax lot 300, Section 23, Township 14 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 November 10, 1980, relating to zone change application number Z-80-33, marked Exhibit B, attached hereto and by this reference incorporated herein. ORDINANCE NO. 81-013, PAGE 1 ply VOL 36 PAGE 236 Section 3. This Ordinance being necessary for the immediate preservation of public peace, health and safety, an emergency is declared to exist, and this Ordina takes effect on its passage. DATED this e2 r ay of P-.¢ . , 1981. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON 00 - Nz-- cjoo�WA� 0 ROBER C. vPAULSON, JR., Chairm ATTEST: SUSAN STONEMAN Recording Secretary ORDINANCE NO. 81-013, PAGE 2 22 27 rECTION 23 T O : R I:;E YI f:9. UEScf-IUrES cou„-rY VOL 37na 237 14 13 i i I 24 aE')4"' t H UTF HEARINGS OFFICER DUN.1DESCHUTES COUNTY COURTHOUSE BEND, OREGON 97701 TELEPHONE (503) 382-4000, EXT. 223 FINDINGS AND DECISION FILE NO: Z-80-33 APPLICANT: Richard D. Crawford REQUEST: An application for a zone change from EFU-40 Exclusive Farm Use to MUA-10, Multiple Use Agriculture in accord- ance with Section 10.040 of PL -15. PLANNING STAFF REPRESENTATIVE: Richard Knoll PLANNING STAFF RECOMMENDATION: Denial PUBLIC HEARING: Public Hearing was held in room 106, Deschutes County Courthouse Annex, Bend, Oregon on November 13, 1980 at 7:00 P.M. An oral decision was rendered at that time. BURDEN OF PROOF: In order to approve a zone change application the applicant must meet the criteria of 10.040 (1) (A -G) of PL -15. FINDINGS: 1. Location: The subject property is located on the west side of 33rd Avenue, north of the Prine- ville Railroad intersection. The property is further described as Tax Lot 300, Town- ship 14 south, Range 13 east, Section 23. 2. Zone: EFU-40, Exclusive Agriculture, minimum 40 acres. 3. Comprehensive Plan Designation: Agricultural_ 4. Site Description: Thesuject property is 65.38 acres in size and has a varied topography. There is a knoll located in the center of the parcel and a downward incline to the northeast and south. The property has a moderate covering of juniper and natural grasses. T1le property is currently being assessed at market value and is not on farm tax deferral. The soil classification for this parcel according to the USDA Soil Conservation Service is appro-cimately 40 Sb, Scabland-Class VII soil, 35% Dsb-Deschutes sandy loam, stony 3% to 7% slopes - Class III soils, 25% Dsa-Deschutes sandy loam, Stony 0-3% slopes Class III soils. The property has 1.5 acres of irrigated wate. The property is currently vacant of all permanent structures. Z-80-33 - RICILkRD CRANTFORD - PAGF 1 VOL 316E ' VICINITY INFORMATION: The surrounding zoning classification is EFU-40, Exclusive Agricultural, 40 acre minimum. Four site built homes exist to the east. Farming operations exist to the south, east and north. Land to the west is not currently in farm production with the land being similar in nature to the subject parcel. CONCLUSIONS: A. The rezoning is consitent with the Comprehensive Plan. Agricultural lands as defined by the Deschutes County Comprehenisve Plan and Statewide Land Use Goals are lands that have SCS soil capability rating of Class I -VII soils. The definitat.ion also takes into account soil fertility, suitablity for grazing, climatic conditions, availability of water and other factors. Based upon the soil findings of the soil scientist, Mr. Scott__ Whittaker and the above findings of the Hearings Officer, the parcel has been found to have soil of Class VII rating, and is not agricultural land. B. That the rezoning to MUA-10 will not interfere with any existing neighboring agricul- tural use, regardless of the existing zoning on such neighboring land. The ultimate intent of this rezoning would be to segregate the 60 acres into 10 acre tracts. The presence of 6-10 acre homesites will create more a human presence, but should not seriously interfere with existing neighborhood agricultural land. C. That the land has a Soil Conservation Service Capability that is the subject of of the application predominately consists of soils in Classification VII or VIII, or is not classified; and The subject property has a very small amount of soil with less than Class VII soils according to the informatiom provided by the soil scientist. D. If Subsection C is satisfied, that the land that is the subject of the application predominately consists of soils in the Agricultural Soil Conservation Survey Class- ification VI or VII, or is unclassified; and This section is not applicable. E. If Subsection D is satisfied, and -the County Assessor finds that the land subject to the application predominately consists of soils in Grade VII or VIII, as determined by the Oregon Department of Revenue Methods Manual, Section on Mas Appraisal of Farm and Ranch Properties, or is not graded; and This section is not applicable. F. The land is not classified under any of C, D, or E, a testing method approved by the Planning Department and executed by a certified soul scientist discloses that the soil consists predominately of Class VII under the Soil Conservation Service Capability Classification System. This section is not applicable. G. That the land does not have sufficient water rights or existing waster supply to allow farm use, as defined in ORS 215.203(2). This property does not have sufficient water rights. The total amount of water rights to this 65 acres of land is 1.5 acres of water. Z-80-33 - RIC?IARD CRA (,,'FORD - PACE 2 i VOL 3 PAGE 240 APPROVAL of this zone change application from EFU-40 to MUA-10. DATED this �' day of December, 1980. This decision becomes final 15 days after the above date, unless appealed to the Planning Commission by a party of interest. Myer Avedovech HEARI\GS OFFICER MA: ch cc:File Planning Department Planning Commission Richard Crawford Z-80-33 - RICPtARD CRAWFORD - PAGE 3