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Home My WebLink About81-012e C f` VOL j"P�G6 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 Property from Exclusive Farm Use -40 ) ) ) F m L (EFU-3) Zone to Multiple Use Agri- culture (MUA-10) Zone, and Declaring ) F'E8 2 6 198, an Emergency. N0. ) 81-012 ROSEMARY DESCHUTES p4NTERC M ORDINANCE .0 WHEREAS, Dal Palmore proposed the rezoning of certain property from Exclusive Farm Use -40 (EFU-3) to Mutliple 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 October 23, 1980; 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 decision dated November 10, 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 800, Section 16, Township 16 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-80-32, marked Exhibit B, attached hereto and by this reference incorporated herein. ORDINANCE NO. 81-012, PAGE I • , VOL PAGE 230 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 29' qday of 1981. BOARD OF COUNT COMMISSIONERS OF DESCHUTES COUNTY, OREGON 61'6 -- C � ROBERT C. PAULSON, JR., Chairm�_ ATTEST: SUSAN STONEMAN Recording Secretary ORDINANCE NO. 81-012, PAGE 2 N O N / e�-- 4z:�� MW VOL c�PAGE;eJ A co c ' O�,CHUTFs VOL 3'; PAGE 232 11 1Ci�I�C+,; HEARINGS OFFICER Co U N't y DESCHUTES COUNTY COURTHOUSE BEND, OREGON 97701 TELEPHONE (503) 382-4000, EXT. 223 FINDLNGS AND DECISION FILE NO: Z-80-32 APPLICANT: Dal Palmore REQUEST: An application for a zone change from EFU-40 to NIUA-10 in accordance with Section 10.040 of PL -15. PLANNING STAFF REPRESENTATIVE: Richard Knoll PLANNING STAFF RECOMMENDATION: None PUBLIC HEARING: Public Hearing was held in room 106, Deschutes County Courthouse Annex, Bend, Oregon on October 23, 1980 at 7:00 P.M. An oral decision was rendered at that tir. BURDEN OF PROOF: In order to receive approval of a zone change the appli- cant must meet the criteria set forth in Section 10.04(:% (1) of Deschutes County Zoning Ordinance PL -15. FINDINGS: A. Subiect Prover 1. Location• The subject property is located four miles east and 2 -miles north of Deschut( Market Road and Highway 97 intersection. The property is further described Tax Lot 800, Township 16 south, Range 13 east, Section 16. 2. Zone: EFU-20, Exclusive. Agriculture, 20 acre minimum 3. Comprehensive_ Plan Designation: Agriculture 4. Site Description: The subject property is 41 acres in size and is vacant of any strucutres. 1'!.. topography of: the property is fairly flat with some rock outcroppings. '17he property is moderately wooded with juniper trees and has a covering of nater:!' grasses. The U.S.D.A Soil Conservation has classifi.ed the soil as predominar,� Sb-Scabland Class VII soils. The Deschutes County Tax Assessor has classi.ficJ the soil as Class Vli soils. The property does not have irrigation water assigned to it, and is not currently on Farm Tax Deferral and is assessed at market value. 7 01)..-') TAT p4T M'lR" _^A1 L 0 VOL 37PAGE Z33 VICINITY INFORMATION: The surrounding land uses include large parcels (40 acres and above) which area vacant and used for some grazing of livestock. Property to the north is owned and managed by BLM. The surrounding zoning classification is EFU-40. CONCLUSIONS: The applicant has addressed the criteria of Section 10.040 (1) as follows: A. The rezoning is consistent with the Comprehensive Plan: The County Comprehensive Plan defines agricultural lands and catagorizes them. into 7 catagories. The subject property would fit the definition of Dry Rangeland which has little water and is without irrigation. Suited only for Livestock production presently, it would make marginal crop production poss- ible, and therefore is a resource for the future. Predominant ownership and tax lot size appears to be 20 to 40 acres. Land characteristic of the type are found near Cline Falls. The Heraings Officer finds that criteria #A has been met. B. That the rezoning to MUA-10 will not interfere with any existing zoning on such neighboring land. The only existing agricultural uses that are taking place on adjacent land would be grazing activity. This rezoning will not create a substantial ill -effect upon those adjacent lands. C. That the .land has a Soil Conservation Service Capability that is the aubject of the application predominantly consists of soils in Classification VIII or VIII, or is not classified. The soil has been classified as being within an Sb-Scabland, Class VIII soil area. D. If Subsection C is satisfied, that the land that is the subject of the appli- cation predominantly consists of soils in Agricultural Soil Conservation Service Classification VI or VII, or is unclassified. The soil has been classified as being within an Sb-Scabland, Class VII soil area. E. If Subsection D is satisfied, and the County Assessor finds that the land subject to the application predominantly consists of soils in Grade VIT or VIII, as determined by the Oregon Department of Revenue Methods Manual, Section on Mass Appr.ii.sal. of Farm and Ranch Properties, or is not graded: The Deschutes County Tax Assessor. - Farm Appraisor has Classified this property as Class VIT soLls. F. The land is not classified under any of C, D, or E, a testing method approve: by the Planning DirecLor and executed by a certified soil scientist disclose, that the soil consists predominantly of Class VTI under the SoiL Conservati, Service Capah Ll ity Ckiss if. ication System. Not Applicable. r VOL 37PAGE 234 C. That the land does not have sufficient water rights or existing water supply to allow farm use, as defined in ORS 215.203 (2): The applicant has addressed the criteria established in the Deschutes County Comprehensive Plan and Zoning Ordinance for the purpose of reducing EFU propttt to MUA. nFrTcrnv- APPROVAL of zone change 80-32 from Exclusive Farm Use, EFU-40 to Multiple Use Agricultural, MUA-10. DATED this ' day of November, 1980. This decision becomes final 15 days after the above date, unless appealed to the Planning Commission by a party of interest. 1 Myer Avedovech HEARINGS OFFICER MA: ch cc: Fil.e. Planning Commission Planning Department Dal Pal more