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Home My WebLink About81-031VOL ! PAGE 2,64 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Ordinance ) No. PL -15, Deschutes County ) Zoning Ordinance of 1979, Re- ) L zoning Certain Property from ) Exclusive Farm Use -40 (ESU -3) ) Zone to Multiple Use Agriculture )jt '" 1981 (MUA-10) Zone; and Declaring an Emergency. ) ROSEMARY PATTERSON DESCHUTES .COUNTY CLERK ORDINANCE NO. 81-031 WHEREAS, M. C. SPIECKER 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 proposed zone change on June 9, 1981; and WHEREAS, the Hearings Officer recommended that the property be rezoned from Exclusive Farm Use -40 (EFU-3) Zone to Multiple Use Agriculture (MUA-10) Zone, by dcicion dated June 16, 1981; and WHEREAS, the decision of the Hearings Officer has not Leen appealed to the Deschutes County Planning Commission; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUN-TY, 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 (EF TT Zone to Multiple Use Agriculture (MUA-10) Zone for the Parcel of real property described as: Tax Lot 2700, Section 28, Township 17 South, Range 14 East of the Willamette Meridian, Deschutes County, Oregon, and depicted on the map marked Exhibit "A," attached hereto and by this reference incorporated herain. Section 2. To adopt as the Board of County Commissioners' findings and conclusions, the findings and decision of the Hearings Officer dated June 16, 1981, relating to zone change application number Z-81-9, marked Exhibit "B," attached hereto and by this reference incorporated herein. ORDINANCE NO. 81-031, PAGE 1 VOL 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. .,I DATED this day ATTEST: 01 SUSAN STONEMAN Recording Secretary ORDINANCE NO. 81-031, PAGE 2 of ILI V , 1981. OF BOARD OF COUNTY COMMISSIONERS OF DwSCHUTES COUNTY, REGON #60��;4;- ROBERT C. PAULSON, JR., Chairrma ALBE YOUNG, Co sion &I" /ti CLAY' C. (HEPARD, Comm-ssioner SECTIOIN 28 T.17S. F2.14E.V/%4. DESCHUTES COUNTY I"- 400' VOL 38PAGE 266 20,121 _ 1 See IAJD 17 14 • 21 E'. K 29 7;SIJOO i 1200 1 •• - 1100 loco 900 ; tr.e ' I I 800 700- 21 22 6GC , _ S00 400 12 II t. 10 100 9 ja' 100 28 27 7 1 r\`:. r r 8 7 .— b S 4 l' . 3 �. I .:: ••--t --___„"-:- , ':.:.,� ::".. r 1—' 1400 1500 ,. 16co ' l .. 1700'��'' '"7-- :::I.:'a-•+ r��.1_ '/—, J r �.) N . •IeN: 190012006 2100- 1 ' 22o0 �_ 13 14 IS �'n 17 X18 192301 2301 : 2500 I •.Jl� j `�403� �-- •—_-----�._. 1 2d02 0Z�00:,� ! m 9 i 1 w'- .n i _ t , 2900 . \ F z 0 AIZ c IA AV G E .7-- 1 i SE CtT-owl 1 23 23 � _ ! V l V 1-1 - i v • 32 33 ......_... 28 I 2t $It Kvp 17 14 lk '33 t14 E Y H I B'I TA II t1 17 14 � 20 FILE NO: APPLICANT: REQUEST: PLANNING STAFF REPRESENTATIVE: PLANNING STAFF RECOMMENDATION: PUBLIC HEARING: BURDEN OF PROOF: FINDINGS: E X H I B I T "B" VOL 38PAGE 267 HEARINGS OFFICER DESCHUTES COUNTY COURTHOUSE ANNEX BEND, OREGON 97701 TELEPHONE (503) 388-6626 FINDINGS AND DECISION Z-81-9 M.C. Spiecker An application for a zone change from EFU-40 to MUA-10, and to be accordance with Section 10.040 fo PL -15 - Brian Christensen Approval Public Hearing was held in room 106, Deschutes County Courthouse Annex, Bend, Oregon on Tuesday, June 9th, 1981 at 7:00 P.M. An oral decision was rendered at that gime. In order to approve the above request the applicant must meet the criteria set forth in Section 10.040 of Deschutes County Zoning Ordinance PL -15. 1. LOCATION: The subject property is located approximately 13 miles east of Bend on Alfalfa Road and is further described as Tax Lot 2700, Township 17 south, Range 14 east, Section 28. 2. ZONE: EFU-40, Exclusive Farm Use, 40 acre minimum. 3. COMPREHENSIVE PLAN DESIGNATION: Agriculture. 4. SITE DESCRIPTION: The subject property is 38 acres in size and has a moderate covering of juniper trees and sagebrush. The topography is relatively flat with several areas of rock outcrops. The property has not been U.S.D.A. soil classified. The County Tax Assessor has classified this property as predominantly Class VII soils. The property does not have any irrigation rights assigned to it. Z-81-9 - M.C. SPIECKER - PAGE 1 VOL 3%u 268 CONCLUSIONS: Section 10.040 of Deschutes County Zoning Ordinance provides that an applicant may rezone property from EFU to MUA if the required criteria have been met. This section also provides that those two items are the only items that must be addressed in lieu of any other requirements contained in the County Procedural Ordinance PL -9, Section 11. As the applicant has stated in his statement received on June 8, 1981, at the present time most of the lands outside the Urban Growth Boundary have been designated EFU-40 in order to protect the available farm land. The Planning Department does not have the time or facilities to inspect all of the parcels which were zoned EFU-40. However, they realize that there were lands within that area that would not be properly classi- fied as Exclusive Farm USe. Therefore, they established a procedure by which this classification may be changed. This procedure is Sectton 10,040 of the Deschutes Coutny Zoning Ordinance. The purpose of the Multiple Use Agriculture zone is to preserve the rural characture of the area while permitting development in areas which are not suitable for full time agricultural uses. In addition, under the policies established a MUA zone restricts subdivisions outside the urban areas by keeping the minimum parcel size for the MUA zone at 10 acres. The applicant, through studies done by Century Testing Laboratories, Inc. in letters dated May 4, 1981 and May 7, 1981 have indicated the type of soils which are contained on this property. Along with the Deschutes County Farm Assessor's determination, the soils are predominantly Class VII. Class VII soils as indicated in the letters from Cenutry Testing Laboratories, Inc. are not farmable land. It is important to remember that .this particular parcel of land contains only 38 acres. Rezoning this parcel to MUA-10 will mean that most of the development will be on 3 to 4 parcels as opposed to one. Based upon this relatively small change in the designation of the property, it is important to note that there will bo no actual change in the use of the property. It is still an agricultural use and is not utilized as a commercial farm at this time. This change will not interfere with the neighboring agricultural use to the east, due to the fact that is zoned EFU-20 with 10 acres of farm land. To the west are 30 acres of dry land, plus 10 acre parcels west of Alfalfa Market Road. To the north and south is BLM land. It appears from the evidence submitted by the applicant and by the Plan- ning staff that this zone change will not affect the agricultural production in the area. The applicant has argued that creating 10 acre parcels may encourage a "hobby farm" type operation, thus putting more land into production than currently exists. DECISION: APPROVAL, subject to the following condition: 1. That the applicant obtain Partition or Subdivision applications should the land be divided into four or more parcels. If the division is less than four parcels the applicant shall have to apply for a Partition. Z-81-9 - M.C. SPIECKER - PAGE 2 VOL RACE 2169 DATED / day of June, 1981. This decision becomes final 15 days after the above date, unless appealed to the Planning Commis_w±6-n-)by a party of interest. Ave OFFICER MA: ch cc:File Planning Commission Planning Department M.C. Spiecker Z-81-9 - M.C. SPIECKER - PACE 3