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HomeMy WebLinkAbout81-017VOL 37na 651 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 ) Exclusive Farm Use -20 (EFU-4) ) Zone to Multiple Use Agriculture ) (MUA) Zone; and Declaring an Emergency. ) ROSEMARY ORDINANCE NO. 81-017 4ESCFf(1TESR�N COUNTyC ERIC WHEREAS, Ross Brown 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 January 27, 1981; 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 February 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. That Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, is amended 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 Lots 500, 502 and 503, Section 24, Township 17 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 February 13, 1981, relating to Zone Change Application Z-80-37, marked Exhibit B, attached hereto and by this reference incorporated herein. Section 3. This Ordinance being necessary for the immediate preservation of public peace, health and safety, an ORDINANCE NO. 81-017, PAGE 1 VOL Mau 652 emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this day of A jehl 1981. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ROBERT C. PA SON,JR., Chair ATTEST: SUSAN STONEMAN Recording Secretary ORDINANCE NO. 81-017, PAGE 2 EXHIBIT A VOL 6,53 Section 24,Tl7S. R.12F-'.WM. col 17 12- 2- DESCHUTES COUNTY 14 13 SHMap It Q G 'it a 0.. 144 �:: 't) 461 301 302 23 24 2ul 'o, 400 y 403;., 404 zoo 205 303'x'30S 1 1T 1-3 • 204 . I iii 4 SEE MAP 17 12 24C 20Z", 26 25 2-1 090 =11111E No$ 'r 12 r�. SdO. �ftw & 0 6001 X03 SSQO0 o�ycH�TF� EXHIBIT �CoU�N�y FILE NO: REQUEST: PLANNING STAFF REPRESENTATIVE: B VOL 37PAGE 654 HEARINGS OFFICER DESCHUTES COUNTY COURTHOUSE ANNEX BEND, OREGON 97701 TELEPHONE (503) 388-6626 FINDINGS AND DECISION Z-80-37 Ross Brown An application for a zone change from EFU-20 to MUA-10 and to be in accordance with Section 10.040 of PL -15. Brian Christensen PLANNING STAFF RECOMMENDATION: Denial PUBLIC HEARING: Public Hearing was held in room 106, Deschutes County Courthouse Annex, Bend, Oregon on January 27th, 1981 at 7:00 P.M. An oral decision was rendered at that time. BURDEN OF PROOF: In order to approve a zone change request, the applicant must meet the criteria set forth in Section 10.040 of PL -15 of Deschutes County Zoning Ordinance. FINDINGS: 1. Location: The subject property is located approximately 3-� mile east of the intersection of Hamby Road and Los Serranos Drive on Los Serranos Drive and is further described as Tax Lots 500, 502 and 503 in Township 17 south, Range 12 east, Section 24. 2. Zone: EFU-20, Exclusive Farm Use, 20 acre minimum. 3. Comprehensive Plan Designation: Agriculture. 4. Site Description: The subject property is 45 acres in size and currently has one residence and a moderate cbvering of juniper andisagebrush. The soil has been clasified as Class VII soils, scabland. The SCS Capability Classification lists this property as Class VI soils. The Tax Assessor has it classided as Class VII s6ils. Z-80-37 - ROSS BROWN - PAGE 1 VOL 31AGE 655 and the property in question places a portion of the property in MUA and a portion in EFU. The applicant has established through his testimony and based upon the site visit of the Hearings Officer that intensity of the existing developments and adjoining devel- opments in the area have not had a detrimental effect on -the natural and scenic re- souces. It also conforms to the requirements of the Multiple Use Agriculture zone. The Hearings Officer finds that the applicant has satisfied this criteria. 2. That the rezoning to MUA-10 will not interfere with any existing ne i boring agri- cultural use, regardless of the existing zoning on such neighboring land. There will not be any interference with the existing neighboring agricultural uses. Lots to the west are generally small in nature, and there will not be a significant impact to the area. This has been established by -the written documentation submitted by the applicant. 3. That the land has a Soil Conservation Service Capability that the subject of the application predominantly consists of soils in Classification VI or VII, or is not rinccifinA The subject property consists of predominantly Class VI soils according to the SCS and Class VII according to the Deschutes County Assessor's office. 4. If Subsection C is satisfied, that the land that is the subject of the application predominantly consists of soils in agricultural Soil Conservation Survey Classifi- cation VII or VIII, or in unclassified. The soil has been classified by the SCS as Class VII soils. 5. If. Subsection D is satisfied, the County Assessor finds that the land subject to the land subject to theapplication 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 grades. The County Tax Assessor has classified the entire parcel as Class VII. 6. The land is not classified under any of C, D, or E, as testing method approved by the Planning Director and executed by a sertified soil scientist discloses that the soil consists predominantly of Class VII under the Soil Conservation Service Capability Classification System. Not applicable. 7. That the land does not have sufficient water rights or exist allow farm use. as defined in ORS 215.203(2). water supply to The subject property does not have irrigation water available to it at this time. DECISION: APPROVAL, subject to the following conditions: 1. The applicant shall clear up the existing illegal lot before this zone change can be utilized. z-80-•37 - ROSS BRnWIN - PAGE 3 voL 37PAGE 656 VICINITY INFORMATION: The subject property is bordered on the west side by an irrigation lateral. The surrounding land uses include the Los Serranos subdivision to the west; vacant land with 10 to 15 acre parcels to the south; a large vacant parcel to the east, and large vacant parcels to the north with one pasture of approximatley 10 acres. The Surrounding zoning classifications are MUA-10 to the west and south and EFU-20 to the north and east. The property to the south was rezoned under Section 10.040 from EFU-20 to MUA-10. CONCLUSIONS: First it is important to address the issue raised by the Planning Staff in an interpre- tation of Section 10.040 of PL -15, Deschutes County Zoning Ordinance. The Planning Staff has interpreted this section for the first time to mean that this section is not applicable and/or not available to any applicant until such time as the Deschutes County Comprehensive'Plan has been acknowledged by the LCDC. The Hearings Officer finds that the applicant has the right rely upon the policy of Deschutes County. The policy of Deschutes County as relates to Section 10.040 of PL -15 has been established by previous action and acts of Deschutes County by and through their Planning Staff and the Board of County Commissioners. It is the Hearings Officer's findings that this section is meant to limit or set a maximum time in which someone may apply for a zone change from EFU to MUA. It does not mean that applications for zone changes from EFU to MUA under Section 10.040 of PL -15 cannot be applied for until after acknowledgement by LCDC. The applicant has addressed the criteria set forth in Section 10.040 of PL -15 as follows: 1. The rezoning is consistent with the Comprehensive Plan: The applicant has established in his written documentation that the Deschutes County Comprehensive Pian does establish goals. These goals are as follows: a. To preserve and enhance the open spaces, rural character, scenic values and natural resources of the County. b. To guide the location and design of rural development so as to minimize the public costs of facilities and services, to avoid unnecessary expansion of service boundaries and to preserve and enhance the safety and viability of rural land use. C. To provide for the possible long-term expansion of urban areas while protecting the distinction between urban (urbanizing) lands and rural lands. The Board of County Commissioners in looking at those goals and realized that they were unable to inspect all of the land that was zoned EFU in Deschutes County. Due to this limitation, the Board did propvide a method so that the applicant could have his property removed from EFU and placed in a low density rural residential or Multiple Use Agriculture zone. The purpose of the MUA zone was to preserve the rural character of the area while permitting development in areas which are not suitable for full time agricultural uses. This policy established in the plan a restriction on subdivisions outside the Urban Area by keeping the minimum parcel size to 10 acres. There is one exception, within the one mile radius of an acknowledged Urban Growth Boundary the applicant can apply for an in- crease in density of 100% or unit per five acres. This particular application encompasses approximately 45 acres. This application adjoins an existing subdivision which consists mainly of 2.5 acre parcels. The majority of the subdivision is currently classified as MUA-10. Due to the zoning boundary following a section line a portion of the subdivision Z-80-37 - ROSS BROWN - PACE 2 VO4 J 1 ME DATED this J day of February, 1981. This decision becomes final 15 days after the above date, unless appealed to the Planning Commission_-by,a party of interest. f/My�i Aver o ec HEARINGS OFFICER MA: ch cc:file Planning Commission Planning Department Ross Brown Z-80-37 - ROSS BROWN - PACE 4 VOL 37PAcF 658 DESCHUTES COUNTY PLANNING DEPARTMENT STAFF REPORT HEARING DATE: January 27, 1981 FILE NO.: Z-80-37 SUBJECT: An application for a zone change from EFU-20 to MUA-10 and to be in accordance with Section 10.040 of PL -15 (Deschutes County Zoning Ordinance). APPLICANT: Ross H. Brown P.O. Box 541 Bend, Oregon 97701 LOCATION: Located approximately 1/2 mile east of the intersection of Hamby Road and Los Serranos Drive on Los Serranos Drive and is further described as tax lots 500, 502 and 503 in T17S, R12E, Section 24. STAFF FINDINGS: I. Legal Findings A. The subject property is designated on the Deschutes County Comprehensive Plan as Agriculture. B. The subject property is currently zoned EFU-20 Exclusive Farm Use. Section 4.040 of PL -15 sets a 20 acre minimum lot size. C. Section 10.040 of PL -15 Rezoning of EFU Lands Unsuitable for Farm Use sets the. criteria established for rezoning EFU lands to MUA . II. Basic Findings A. The subject property is 45 acres in size. B. The subject property currently has one residence and a moderate cover of juniper and sagebrush. C. Surrounding land uses include: Los Serranos subdivision to the west (5 acre parcels); vacant land with 10 to 15 acre parcels.to the south, a large vacant parcel to the east, and large vacant parcels to the north with one pasture of approx- imately 10 acres. D. Surrounding zoning classifications are MUA-10 to the west and south and EFU-20 to the north and east. The property to the south was rezoned under Section 10.040 from EFU-20 to MUA-10. E. The USDA Soil Conservation Service has classified this prop- erty as predominately Scabland - Class VII soils. .� � VOL Z-80-37 37PAGE 659 Page 2 F. The SCS Capability classification lists this property as having Class VI soils. G. The Deschutes County Tax Assessor has classified this prop- erty as predominately Class VII soils. H. The subject property does not have any irrigation rights assigned to it. I. The property is bounded on the west side by an irrigation lateral. J. The Deschutes County Comprehensive Plan specifies that 3,039 lots will need to be created by the year 2000 outside of the urban areas. In the year 1980 approximately 650 lots or homesites were created. K. The Deschutes County Comprehensive Plan and applicable ordin- ances have not been acknowledged by the Oregon Land Conser- vation and Development Commission. L. Tax lot 503 has been created illegally. III. Conformance with.Section 10.040 of PL -15 (Deschutes County Zoning Ordinance) Rezoning of Certain Lands from EFU to MUA-10. Due to the fact t at the entire County has not been completely mapped as to soil type, the legislative finding is made that certain lands zoned EFU may not have the potential for agricultural produc- tion necessary to afford the owner an economical use if the land is zoned EFU if the units in contiguous ownership are too small to be useful for grazing purposes. It is found that 320 acres of grazing land in contiguous ownership without any water rights or well can provide a minimal economic use. Accordin 1 , for one year after the acknowledgement of this ordinance by the 0regon Land Conservation and Development Commission, the owner of a parcel of contiguous units o ownership as defined by ORS Chapter 92, West of Range 15, East of the Willamette Meridian totaling less than 320 acres in EFU zoning inclusive of roads and easements of access to other property, may apply for rezoning to MUA-10, and shall be required to satisfy only the following burden of proof in lieu of any other requirement contained in County Ordinance PL -9, Section 11: The staff interprets this statement to mean that this section is to be only applicable after acknowledgement by the LCDC. Since Deschutes County has not received acknowledgement of its land use ordinances the staff feels that this request cannot be applied for. The staff has asked County Counsel for an interpretation. Z-80-37 VOL 37PAGE 660 Page 3 (A) The rezoning is consistent with the Comprehensive Plan: The Deschutes County Comprehensive Plan has defined agricul- tural lands as those lands which are identified as possessing Soil Conservation Service Agricultural Capability Class I-IV Soils. The Comprehensive Plan has attempted to meet the statewide land use goals and in this case,. Goal 3, Agricul- tural Lands. The Statewide Land Use Goal #3 defines Agri- cultural land in eastern Oregon as that land of predominantly Class I, II, III, V, and VI soils, and other lands which are suitable for farm use taking into consideration soil fertility, suitability for grazing, climatic conditions, existing and future availability of water for farm irrigation and so on (see Goal #3) . Policy One of the Deschutes County Comprehensive Plan reads as follows: Zoning 1. All lands meeting the definition of agricultural lands . shall be zoned Exclusive Farm Use, unless an exception to state goal 3 is obtained so that the zoning may be Mult- iple Use Agriculture. 2. No more than 25 percent of a given agricultural district shall be composed of lands not of the same agricultural type. Any agricultural lands not zoned EFU agriculture shall be identified in the County exceptions statement. Although the staff does not reach the same conclusion as County Counsel concerning the above policies and their effect on EFU to MUA zoning they are abiding his decision (see memo of December 8, 1980). The proposal appears to be in conformance with all other applicable Statewide Goals except for rural development. The applicant does recognize the documented need for 3,039 rural lots. by the year 2000. However, the applicant has not ad- dressed Policy One of the Rural Development section which reads as follows: Because 91 percent of the new County population will live inside an urban area, with only 3,039 new rural lots required, and in light of the 17,377 undeveloped rural tracts and lots as well as the energy, environmental and public service costs, all future rural development will be stringently reviewed for public need before approval. As a guideline for review if a study of existing lots within 3 miles of the proposed development indicates approximately 50% or more of those lots have Z-80-37 VOL 37PAGE 661 Page 4 (B) not had structures constructed thereon, then the developer shall submit adequate testimony justifying additional lots in that area. This will permit develop- ment in areas where such is needed (other policies con- sidering energy, public facilities, safety and other dev- elopment aspects shall also be considered) while restricting future division in areas where many undeveloped lots al- ready exist. In addition, the staff has determined that approximately 650 lots or homesites were created during 1980 outside of Urban Growth Boundaries. If this rate is continued the total number of lots needed by the year 2000 will be reached in less than five years. This and the fact that many lots are undeveloped at this time outside of the Urban Growth Boundary (see page 237-239 of the Deschutes County Resource Element),would indicate that additional lots can not be justified at the time. That exis exis the rezonin oma. There would not appear to be a substantial interference with existing neighboring agricultural uses. Lots to the west are generally smaller in nature and again there would not seem to be a significant impact on that area. (C) That the land has a Soil Conservation Service Capability that is the subject of the application predominantl consists of soils in Classi kation VI or VII, or is not classified. The subject property consists of predominantly Class VI soils according to SCS wall maps. (D) If Subsection C is satisfied, that the land that is the sub- ject of the -application re ominant consists of soils in agricultural Soil Conservation Survey Classification VII or VIII, or in unclassified. The soil has been classified by the SCS as Class VII soils. (E) If Subsection D is satisfied, 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 De artment,-o Rem venue Mets Manual, Section on Mass Appraisal ot Farm and Ranch Properties, or is not graded. The County Tax Assessor has classified the entire parcel as Class VII. 1 , VOL 37PAGE 662 Z-80-37 Page 5 (F) The land is not classified under any of C, D, or E as testing method approved the Planning Director and executed by a certi ied soil scientist discloses that the soil con- sists predominant y of Class VII under the Soi Conservation ervice Capability C assi kation System. The applicant has submitted information from a soils testing laboratory indicating that the parcel is predominately Scab - land with small areas of loamy sand which is generally Class III soils. (G) That the land does not have sufficient water rights or exist- ing water supply to allow farm use, as defined in ORS 215.203(2 The subject property does not have irrigation water available to it.at this time. IV. Conclusion and Recommendation Based on the above findings and criteria, summarized below, the staff would recommedn denial. 1. That the application does not meet the requirement for review (acknowledgement byit.heZGDC) as stated in Section 10.040. 2. That the applicant has not shown a need for the additional proposed lots. BC: ss 1/23/81