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Home My WebLink About81-010VOL 1?nn 241 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Ordinance ) No. PL -15, Deschutes County Zoning ) Ordinance of 1979; Rezoning Certain ) F Property From Exclusive Farm Use- ) 20 (EFU-4) Zone to Multiple Use ) Agriculture (MUA) Zone, and Declar- ) FF8 2 6 1981 ing an Emergency ) ROSEAIARY PgTTERSO ORDINANCE N0. 81-010 ')ESCHUTES COUNTY CLF WHEREAS, Frank and Georgann Chase 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 December 23, 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 January 13, 1981; 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: A portion of property described as Tax Lot 400, Section 14D, Township 15 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, and Tax Lots 101 and 102, Section 23, Township 15 South, Range 12 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 January 13, 1981, relating to the zone change applica- tion number Z-80-35, marked Exhibit B, attached hereto and by this reference incorporated herein. ORDINANCE NO. 81-010, PAGE 1 of 2 n' WY �� VOL 36rME4-� Section 3. This Ordinance being necessary for the immediate preservation of public peace, health and safety, an emergency is declared to exist, andthis Ordinance takes effect on its passage. DATED this .25I I. of - 1981. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ROBERT C. PAULSON, JR., Chairman ATTEST: SUSAN STONEMAN Recording Secretary ORDINANCE NO. 81-010, PAGE 2 LA'SCH'IfIL", COUNTY C .,ori VOL 37PAGE243 ci 100 400 300 rl: ti • "00 400 ID ORDNAMbS, Pio . GI -010 2bMe, CAARGS Z- So -735 ViZAA r-' IL.- 4to T -t66 9 -me 66c1iorA 149 E\,4m, LEG"ID 0- MAD ZbME ROUME OtE AmaWL"CuM. -' - VOL 37 PAGE 244 sI_crION 23 HmS. �� DE CHID I C_ COUN1 Y IDI - tbl 'T- 165 FK -126L- TID l 13 wJh�i: Lin VA A-10 Zot4e MOLT U66 P6. SraC-A2 . ' n, 5CHU' VOL 3 (r� PAGE X45 .w HEARINGS OFFICER OU N.i y DESCHUTES COUNTY COURTHOUSE BEND, OREGON 97701 TELEPHONE (503) 382-4000, EXT. 223 FINDINGS AND DECISION FILE NO: Z-80-35 APPLICANT: Frank and Georgann Chase REOUEST: An application for a zone change from EFU-20 Exclusive Farm Use to MUA-10, Multiple Use Agriculture in accordance with Section 10.040 of PL -15, the Deschutes County Zoning Ordinance. PLANNING STAFF REPRESENTATIVE: Craig Smith PUBLIC HEARING: Public Hearing was held in room 106, Deschutes County Courthouse Annex, Bend, Oregon on December 23rd, 1980 at 7:00 P.M. An oral decision was rendered at that time. BURDEN OF PROOF: FINDINGS: In order to approve this zone change request the appli- cant must meet the criteria set forth in Section 10.040 of Deschutes County Zoning Ordinance PL -15. 1. Location: The subject property is located easterly off of the Cline Falls Highway approxi- mately !z mile southerly of Highway 126 and is further described as Tax Lot 400, in Section 14D, and Tax Lots 101 and 102 in Section 23, Township 15 south, Range 12 east. 2. Zone: EFU-20, Exclusive Farm Use, 20 acre minimum. 3. Comprehensive Plan Designation: Agriculture 4. Site Description: The subject property is approximately 342 acres in size, however, the appli- cation is for 278.62 acres. The property has a rolling topography and consists of irrigated agricultural area, with the remaining as sage brush and juniper. The 279.62 acre involved in the zone change consists of approximately 68.2 acres of irrigated land, or approximately 24.5 of the area requested for the zone change. Access is off of CLine Falls Highway. A private well will supply the domestic water. I VICINITY INFORMATION: 'VOL 37PAGE 216 The adjoining property is currently zoned EFU-20, Exclusive Farm Use, 20 acre minimum. CONCLUSIONS: The applicant has addressed the criteria in Section 10.040 of Deschutes County Zoning Oridance as follows: A M C. W The rezoning is consistent with the Comprehensive Plan. Agricultural lands are those lands which are indentified as possessing Soil Conservation Service Agricultural Capability Class I -VI soils or, where detailed soils information is not available, agricultural land shall be indentied by showing that it has been listed as on Farm Tax Deferral within the five years preceeding the adoption of the plan. Although the subject property has been on Farm Tax Deferral for Che past five years, written documentation and oral testi- mony provided by the applicant clearly established that the property has not farmed in the last five years. The applicant in his written documentation has clearly indicated that the Comprehensive Plan for Deschutes County uses two primary factors in determining agricultural land. Those factors are the presence of irrigation water and Soil Conservation Service Capablity Class I through VI soils. In this particular case, although there have been some well water used for irrigation purposes, the predominant character of the parcel is non -irrigated scabland Class VII, Riverwash, Class VIII, and Rimrock land. That the rezoning to MUA will not interfere with any existing neighboring agricul- tural use, regardless of the existing zoning on such neighboring lands. The proposed rezoning will not interfere with any other agricultural use in the area. In the immediate vicinity of this proposal, there is no agricultural use. That the land that is subject of the application predominantly consists of soils in Soil Conservation Service Capability Classification VI or VII, or is unclassi- fied. It is unclassified. If subsection is not satisfied, that the land that is the subject of the application predominantly consists of soils in Agricultural Soil Conservation Survey Classifi- cation VI or VII or is unclassified. It is unclassified. E. If Subsection D is not satisfied and the County Assessor finds that the land subject to the application predominantly consists of soils in Grade VII or VIII, as deter- mined by the Oregon Department of of Revenue Methods Manual, Section on Mass Appraisa'. of Farm and Ranch Properties, or is not graded. The Deschutes County Farm Appraiser has classified approximately 24.5% of the subject property in the regested zone change as Grade III, the remainder as Grade VII. Thus having approximately 75% in scabland. F. The land is not classified under any of C, D, or E, a testing method approved by the Planning Director and executed by a certified soil scientist disclosed that the soil consists predominantly of Class VII under the Soil Classification Service Capability Classification System. Z-80-35 - FRANCK AND GEORGE -%%`d CEASE - PAGE 2 VOL 3"I'PAGE 2 47 Not applicable. 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). Of the property in question of a total of 279 acres there are approximately 68 acres of water or approximately 24%. This coincides with the Class III designation of the property. The Hearings Officer finds that this is insufficient irrigation to define this property as agricultural. 1 DECISION: APPROVAL' DATED this day of January, 1981. This decision becomes final 15 days after the above date, unless appealed to the Planning Commission by a party of interest. Myer' Avedovech %-' HEARINGS OFFICER MA: ch cc:file Planning Department Planning Commission Frank and Georgann Chase FRA\r,' A CF.ORCFANN UASF - P.1(:E 'j