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Home My WebLink About81-0111 VOL 37PAGE 2 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Ordinance ) No. PL-15, Deschutes County ) Zoning Ordinance of 1979; Re- zoning Certain Property From ) L Exclusive Farm Use-20 (EFU-4) j Zone to Multiple Use Agriculture ) (MUA) Zone, and Declaring an ) FEB' �g8, Emergency ) ORDINANCE NO. 81-011 0 S HUT SRCPATTERSO OUNTY CjF WHEREAS, Robert Light 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 pro- posed 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 Mutliple 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, there- fore, 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: Tax Lot 2701, Section 20, Township 14 South, Range 11 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 zone change application number Z-80-31, marked Exhibit B, attached hereto and by this reference incorporated herein. ORDINANCE NO. 81-011, PAGE 1 of 2 ' VOL PACE A 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 •2 s day of 1981. BOARD OF C04TY COMMISSIONERS OF DESCHUTES COUNTY, OREGON BERT C. PAULSON, JR., Chairman ATTEST: SUSAN STONEMAN Recording Secretary ORDINANCE NO. 81-011, PAGE 2 VOL 37PAGE 225 ZONE. CAAACS # Z,- 60 - 31 0RDIt1At(CE R0. 0 1- 011 RDBER'( LIGHT 2.145 R,Itg rU LzoI 664, 66'/a- sac • to 9wM. � = MOUINLE usE AL,IGttA)UM M%A•l0 20ME 2008 200 2013 • 2007'` �Y 1. j t 1 �� .. � 4- 3 2 12003 2600 12 . "r C ... -MiWIL-n ML 4600 460002270 ° VOL 37PAGE 226 (CU CHUHHEARINGS OFFICER N �A DESCHUTES COUNTY COURTHOUSE BEND, OREGON 97701 TELEPHONE (503)382-4000, EXT. 223 FINDINGS AND DECISION FILE NO: Z-80-31 APPLICANT: Robert Light REQUEST: An application for a zone change from EFU-20 Exclusive Farm Use to MUA-10, Multiple Use Agriculture in accord- ance with Section 1-.040 of County Ordinance PL -15. PLANNING STAFF REPRESENTATIVE: Richard Knoll PUBLIC HEARING• BURDEN OF PROOF: FINDINGS: 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. In order to approve a zone change the applicant must meet the criteria set forth in Section 10.040(1) of Deschutes County Zoning Ordinance PL -15. 1. Location: The subject property is located west of Holmes Road. The property is further de- scribed as Tax Lot 2701, Township 14 south, Range 11 east, Section 20. 2. Zone: EFU-20, Exclusive Farm Use, 20 acre minimum. 3. Comprehensive Plan Designation: Agriculture 4. Site Description: The subject property is 40 acre in size and is currently vacant of all permanent structures. The property is moderate covered with juniper trees and natural grasses. The property has a varied topography with some rock outcroppings and shallow soil areas. The soil has not been classified by the USDA. The Deschutes County Assessor -Farm Appraiser has classified the entire parcel as Class VII based upon current production. The property is currently being assessed at Market Value and is not on farm tax deferral. The property does not have adjudicated irrigation water. Z-80-31 - ROBERT LIGHT - PAGE 1 . VOL 3"i"P'AGE 2,27 VICINITY INFORMATION: The surrounding land use consists of a large parcel of homesites to the west and vacant lands. The zoning classification surrounding his property is EFU-40, Exclusive Farm Use, 40 acre minimum. Lands to the north and west (including the subject property) are also within the WA, Wildlife Combining Zone-Metolius Winter Deer Range, CONCLUSIONS: The applicant has addressed the criteria established in Section 10.040(1) as follows: A. The rezoning is consistent with the Comprehensive Plan. Agricultural lands in Deschutes County are those lands which are defined as possessing soil conservation service Agricultural Capability Class I -VI soils, according to the evidence submitted by Scott D. Whittaker, soil scientist, this particular parcel of land has a vast majority of Class VII soils. Based upon the evidence introduced this land would not be agricultural land. B. That the rezoning to MUA-10 will not interfere with any existing neighboring agricultural use, regardless of the existing zoning on such neighboring land. The evidence introduced by the applicant throught his representative, Mr. Lovlien and the documented evidence and the staff report shows that there is no intensive agricultural use adjacent to the subject property. The only sur- rounding agricultural use is one of a basic hobby farm type operation. There will be no interference with the existing agricultural uses by the approval of this zone change. C. That the land has a Soil Conservation Service Capability that is the subject of the application predominantly consists of soils in Classification VII or VIII or is not classified. This property is classified as Class VII soils. D. If Subsection C is satisfied, that the land khat is the subject of the appli- cation predominantly consists of soils in Agricultural Soil Conservation Survey Classification VI or VII, or is unclassified. Not applicable. E. If Subsection is satisfied, and 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 Deschutes County Tax Assessor -Farm Appraisor has classified this property as Class VII soils. 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 discloses that the soil consists predominantly of Class VII under the Soil Conservation Service Capability Classification System. Not applicable. Z-80-31 - ROBERT LIGHT - PAGE 2 r� VOL 1 PAGE 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). There us no adjudicated water available to this property. APPROVAL, subject to the following conditions: 1. That at the time of development of this property that it shall annex to the Cloverdale Rural Fire Protection District. 2. That since this is in a Wildlife Combining Zone, the applicant shall, if this property is developed, develop this property in a cluster development. fi DATED this f3 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. MyeT"Avedovech PEARINGS OFFICER MA:ch cc:file Planning Department Planning Commission Robert Light 7 -Rn -11 - R0�r?T r,T -PT - PAr.F 3