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HomeMy WebLinkAbout80-209IJ 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 E J4 ti 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 Jorlk ' = ,qml 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