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Home My WebLink About83-046K-42290 VOL 46 FACE 723 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Ordi- nance PL -15, As Amended, Deschutes County Zoning Ordinance of 1979, Rezoning * r� Certain Property From Rural Residential (RR -10) Zone to *r�.{y Exclusive Farm Use (EFU-20) Zone,and Declaring an * ��t?y SUE PENIJOL .01 , COEmergencyCLERK ORDINANCE NO. 83-046 WHEREAS, Vernon and Janice Bishop proposed the rezoning of certain property from Rural Residential (RR -10) Zone to Exclusive Farm Use (EFU-20) 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 March 8, 1983; and WHEREAS, the Hearings Officer recommended that the property be rezoned from Rural Residential (RR -10) Zone to Exclusive Farm Use (EFU-20) Zone by decision dated March 17, 1983; 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 Rural Residential (RR -10) Zone to Exclusive Farm Use (EFU-20) Zone for the parcel of real property described as: Tax Lots 601 and 602, in Section 17, Township 18 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. 1 - ORDINANCE NO. 83-046 KEY vV HED 6 1995 VOL 46 ?AGE 72 Section 2. To adopt as the Board of County Commissioners' findings and conclusions, the findings and decisions of the Hearings Officer dated March 17, 1983, relating to Zone Change Application Number Z-83-1, 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 emergency is declared to exist, and this ordinance takes effect on its passage. DATED this the day of 1983. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: S SAN STONEMAN Recording Secretary 2 - ORDINANCE NO. 83-046 A. YOUNG, Ho LAURENCE A. , Commissioner , Commissioner SECTION 17 T.18S. R.13 E.W. M DESCHUTES COUNTY See Map 18 13 8 EXHIBIT "A"yoL 46 PAGE 725 5 13 Zone, Change, Z- 5.3-1 / V error, Bishop I $ - 13 - Ii +ax 1045 (001 and b02 17 1 EXHIBIT "B" r. HEARINGS OFFICER 'bSCHUTES`COUNTY COURTHOUSE ANNEX BEND, OREGON 97701 TELEPHONE (503) 388-6626 FILE NO: APPLICANT: REQUEST: PLANNING STAFF REPRESENTATIVE: PLANNING STAFF RECOMMENDATION: PUBLIC HEARING: BURDEN OF PROOF: VTMnTT nQ - 1. LOCATION: FINDINGS AND DECISION Z-83-1 Vernon & Janice Bishop VOL 46 FACE 726 An application for a zone change from RR -10, Rural residential to EFU-20, Exclusive Farm Use. Craig Smith Approval The public hearing was held in room 106, Deschutes County Courthouse Annex, Bend, Oregon on Tuesday, March 8, 1983 at 7:00 P.M. An oral decision was rendered at that time. In order to receive approval of this request the applicant must meet the criteria set forth in Section 10.020 of PL -15, Deschutes County Zoning Ordinance. The subject property is located easterly of Gosney Road, northerly of Rickard Road and is further described as Tax Lots 601 and 602, Township 18 south, Range 13 east, Section 17. 2. ZONE: The parcel is located within an RR -10, Rural Residential Zone. Z-83-1 - VERNON & JANICE BISHOP - PAGE 1 VOL 46 PACE 727 3. COMPREHENSIVE PLAN DESIGNATION: The subject property is designated as Agriculture on the Comprehensive Plan map. 4. SITE DESCRIPTION: The subject property is approximately 27 acres in size and is generally level with the residence located on a knoll in the northwestern portion of the property. Approximately 21 acres are in alfalfa production and about 3 acres is in pasture grass. The remaining three acres are occupied by the residence, pond, outbuilding, and rock outcropping. The subject property has approximately 16 acres of Arnold Market Irrigation water rights. The adjoining property to the north, south and east are currently zoned RR -10, Rural Residential and the property that lies to the west is zoned EFU-20, Exclusive Farm Use. The applicant has installed an irrigation system and put the subject property into farm production. CONCLUSIONS: 1. The Hearings Officer finds that this proposal is consistent with and conforms to the Comprehensive Plan. 2. The Plan shows the subject area as agricultural land on all maps, therefore, no plan amendment is required. The existing land use falls under agricultural land type "F, Marginal Farm Land - Undeveloped". The subject property is contigious with and nearly surrounded by EFU-20 zoning. 3. The agricultural section of the Deschutes County Comprehensive Plan states: "Marginal Farm Land - Undeveloped: This land will support Agricultural production only if subsidized to some extent. The lands are suitable for hay and pasture and more particularly, the raising of livestock, particularly if access to public grazing land is available. Ownership sizes cover a broad range but the most frequently occuring tax lot size is 40 acres, however, the mixture of sizes results in mean and median lot sizes of 20 acres or only slightly larger. These areas are particularly susceptible to increasing non-farm development. Areas characteristic of this type of land are some parts of Arnold (east of Bend), Redmond, Sisters and Tumalo." Z-83-1 - VERNON & JANICE BISHOP - PAGE 2 A } VCL 46 FADE 728 4. Policy #13 of the Deschutes County Comprehensive Plan states: "Coordination between public and private landowners to encourage farm use shall be encoraged. And projects to increase productivity and to bring new land into agricultural production shall be fostered." The Hearings Officer specifically finds that the applicant is in conformance with the policies and Goals of the Comprehensive Plan. The applicant has spent a substantial amount of money to bring the subject property into agricultural production. The application is in conformance with the LCDC Goals to promote agricultural lands and to restrict development in rural areas. The subject property being adjacent to an EFU-20 zone is most suitable to be continued as a farm use. 5. The Hearings Officer finds that the application is in conformance with other statewide planning goals, to conserve open space and promote visually attractive environments, to maintain and improve the quality of the air, water and land resourses of the state, and to specifically promote and preserve agricultural lands. The applicant meets these criteria and does in fact promote the state-wide planning goals. 6. The Hearings Officer finds that the applicant has met the burden of showing a public need for the subject property to be re -zoned to EFU-20, in that the re -zoning will protect the land for future farming uses. The income from agricultural lands tends to diversify and thus stabilize the economy of the county and state. In general, the proposed use will create a permanent open space in an area which has been otherwise designated as RR -10, Rural Residential. 7. The Hearings Officer further finds that the public's interest is best served in an effort to preserve farm use lands. The public is further served by restricting development outside the urban growth boundary. The applicant's subject property is located outside the urban growth boundary. Z-83-1 - VERNON & JANICE BISHOP - PAGE 3 von 46 PAGE ' DECISION: APPROVAL. Based upon the above listed findings, the Hearings Officer approves this application and recommends the zone change be allowed. t 4�n� -Michael T.Dugan HEARINGS OFFICER MA: ch cc: file Planning Department Planning Commission Road Department Vernon and Janice Bishop Z-83-1 - VERNON & JANICE BISHOP - PAGE 4