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HomeMy WebLinkAbout92-06292-41789 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES An Ordinance Amending PL -20, The Deschutes County Year 2000 Plan, to Adopt Text and Goals and Policies Concerning Agricultural Lands and Declaring an Emergency. atiEVILLWLi'l s COUNTY, OREGON 10119-1891 1 ORDINANCE NO, 92-062 WHEREAS, Deschutes County has an acknowledged Cogiiesive Plan; and r"o WHEREAS, pursuant to the requirements of the Oregon-Vapartment of Land Conservation and Development (LCDC) the CountJ2%as been required to review and update its County Comprehensive La�Jse-Plan and implementing ordinances, including for agricultural an, to assure continuing compliance with Statewide Land Use Plann.if� als; and WHEREAS, it is necessary to amend certain portions of Ordinance No. PL -20, the Deschutes County Year 2000 Plan in order to complete periodic review; and WHEREAS, public hearings have been held in furtherance of this objective in conformance with state law before the Deschutes County Planning Commission and the Board of County Commissioners for Deschutes County; and WHEREAS, the Board of County Commissioners has considered the recommendations of the Planning Commission and the public; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ORDAINS AS FOLLOWS: Section 1. ADOPTION OF AMENDMENTS TO AGRICULTURAL LANDS GOALS AND POLICIES. Ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan, as amended (Plan), is further amended to change the Agricultural Lands discussion and Goals and Policies, found on pages 114 through 120 therein, to read as set forth in Exhibit "A," attached hereto and by this reference incorporated herein. Section 2. ADOPTION OF AMENDMENTS TO RURAL DEVELOPMENT GOALS AND POLICIES. Ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan, as amended (Plan), is further amended to insert as Policy No. 7A in the Residential/Recreational Development Goals and Policies the policy set forth in Exhibit "B, " attached hereto and by this reference incorporated herein. This policy was formerly included as Policy No. 9 in the Agricultural Lands Goals and Policies. 1 - ORDINANCE NO 92-062 (11/25/92) 0119-1892 Section 3. FINDINGS. The Board of County Commissioners adopts as its findings and conclusions in support of these amendments the text of the amended language, the comprehensive plan text adopted by Ordinance 92-063, and the findings set forth as Exhibit "C" to this ordinance and by this reference incorporated herein. Section 4. SEVERABILITY. The provisions of this ordinance are severable. If any section, sentence, clause, or phrase of this ordinance or any exhibit thereto is adjudged to be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this ordinance or any exhibit thereto. Section 5. EMERGENCY AND EFFECTIVE DATE. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on December 7, 1992. DATED this 25th day of November, 1992. BOARD OF COUNTY COMMISSIONERS OF DWH TES COUNTY, OREGON 2 - ORDINANCE NO 92-062 (11/25/92) HROOP,1/Cpmmiss4oner N, N, Copmis4ioner 4 NOTE: Deleted wording is in brackets [ ]; added wording is underlined bold. EXHIBIT A O11J �8a7V AGRICULTURAL LANDS [Agriculture played an important role in the growth and development of Deschutes County. While agriculture continues to be important, its early dominance of the economy is gone. Production has remained relatively stable (see Oregon Extension Service crop and livestock reports) but the total income from agricultural products has been declining in recent years.] The protection of farmland is a public policy goal of the federal government (USDA. Secretary's Memo 11828, Revised, Oct. 30. 1978). most states in the United States and many other countries. In Oregon, the 1975 Planning Goals set statewide standards which must be met by local governments. For farmlands, ORS 215 and 197 and OAR 660, Division 5 set forth the criteria for compliance. The principal concept is that standards in the EFU zones must provide protection for the continuation of commercial -scale agriculture in the county. including farm operations, marketing outlets and the agricultural support system. [The State of Oregon, like many other states, has identified the protection of agricultural land as an important objective. For that reason State Land Use Planning Goal 3 is of major importance.] In Deschutes County, where some lands have severe limitations for the commercial production of agricultural products, this has resulted in considerable debate and occasional hostility. The County has found itself between angry landowners who do not wish to protect what they see as marginal agricultural land, other County residents who are adamant that agricultural land is a non-renewable resource that must be preserved and a State law mandating specific actions that must be taken to protect the land defined as agricultural land. [The issue is further complicated by a lack of detailed soils data for most of the County.] [The proximity to the Cascades, higher altitudes and semi -arid climate have resulted in a short growing season and a need for irrigation water locally. Without irrigation, little soil may be classified better than SCS Agricultural Capability Class IV. Combined with a shallow rooting zone in some areas and a long distance to many of the markets for local produce, the result is an often discouraging and frustrating experience for many farmers, although some farmers do seem to manage to be successful.] [Another problem is the growing demand for farmland by many Comprehensive Plan November 25, 1992 Page 1 0119-4894 people seeking a rural home. The result has been an increase in land prices which often makes it difficult for people to enter into or stay in full-time farming. On the other hand, smaller part-time operations appear to be somewhat successful in maintaining some agricultural production due to a heavy committment of nonfarm income. Smaller farms have also resulted in smaller losses in some areas, since a $100 per acre loss is more easily born by a 10 -acre owner than a 100 -acre owner.] [The possibility of additional farm land in the County appears to be small, except for the development of wells (as in Lower Bridge and Cloverdale) or if the lining of irrigation canals should become more economically feasible, because no additional adjudicated water may be expected from the Deschutes River.] Commercial agriculture in Deschutes County consists primarily of field crops (alfalfa other hay some peppermint. potatoes and seed crops) and livestock operations. The high elevation (2700-3500 feet) and low rainfall make difficult conditions for crop farming A short growing season and the risk of crop damage from frost or mid -summer hail storms must be factored into agriculture investment planning. Irrigation is better than SCS Soil Capability Class IV. These factors. along with limited marketing alternatives. often produce a frustrating and discouraging experience for local farmers, although some do manage to be successful. [However, the grazing of livestock is, and will likely continue to be, an important farm product in all portions of the County. And, much of the crop land production locally is tied to the production of hay for local and Willamette Valley livestock. Particularly in the area of land east of Horse Ridge livestock production is a highly viable agricultural endeavor. Most of Deschutes County's future agricultural production may be associated with the great diversity of livestock presently grown in the County.] However,[Certainly] agriculture still is an important economic element [in] of the County, [directly] contributing significantly [an estimated $10,316,000.00 in 1978, which resulted in a $25,800,000.00 direct and indirect contribution 1 to the local economy. Agriculture also provides [Also important are such] secondary benefits such as [the] open space and scenic appearances [agriculture lends to the County,] benefits which may also pay economic returns in the form of tourist dollars. [Because of the controversial nature of agriculture land protection and the marginal character of some farm land a certain amount of flexibility in zoning regulations and Comprehensive Plan November 25, 1992 Page 2 0119-1895 programs designed to foster local family farms may be required. The use of incentives, rather than negative regulations, may in the long run be more effective in preserving agricultural lands.] Since detailed soils mapping [exists] existed for only a portion of the County in 1979, it was necessary to develop a more elaborate definition than that found in the State Goal. The definition finally agreed to by the County [uses] used the available information on agricultural lands and [lays] laid a foundation for future additions or deletions as better soils information [becomes] became available. jAgricultural Lands Definitionl Agricultural lands [are] were defined as those lands [which are] identified as possessing Soil Conservation Service Agricultural Capability class I -VI soils (S.C.S.Land Capabilities Classification Map) or, where detailed soils information [is] was not available, [agricultural] lands [shall be] identified by [showing that it has] having been listed as on Farm Tax Deferral within the five years preceding the adoption of [this] the 1979 plan (as indicated on the then Existing Land Use Map complied from County Assessor's records) and/or by the fact that the land [is] was indicated on the County Planning Department's Irrigated Lands Map. Having a definition was only the first step, as it was then necessary to differentiate between the various types of agriculture to be found locally and to identify the various areas they characterized. [The following types of agriculture and their characteristic areas were identified by] Members of the Planning Staff, the Agricultural CAC and the Overall CAC identified 7 types of agriculture and areas characterized by such agriculture. These types included High Desert Sagebrush and Juniper Land, located east of Horse Ridge and characterized by extensive livestock grazing; Riparian Meadows, located along the Upper Deschutes River, the Little Deschutes River and in the Sisters area and characterized by sub -irrigated pasture and meadow hay; Irrigated Commercial Crop Land, located in Lower Bridge and characterized by field crops; Irrigated Marginally Commercial Land located in the Alfalfa Cloverdale and Terrebonne areas and characterized by pasture and forage; Dry Rangeland, located near Odin Falls and characterized by dryland grazing; Marginal Farm Land - Undevelopgd, located east of Bend and near Redmond, Tumalo and Sisters and characterized by pasture and forage; and Marginal Farm Land - Developed, located in the Bend, Plainview and Tumalo areas and characterized by pasture and forage. Comprehensive Plan November 25, 1992 Page 3 [[Types of Agricultural Land:] 6119-1896 [A. High Desert Sagebrush and Juniper Land: This is dry land with generally inferior soils (somewhat alkaline in places) with rather severe climatic conditions. It is suitable only for grazing of livestock and an occasional planting of dryland rye. Predominant farm ownership size, outside rural service centers, is several hundred to several thousand acres. There are few non-agricultural dwellings. Lands in the vicinity of and east of Horse Ridge are characteristic of this agricultural type.] [B. Riparian Meadows: These meadows (mostly natural) border waterways and are sub -surface irrigated. In spite of a rather severe climate they are suited for the grazing of livestock and the harvesting of a limited tonnage of meadow hay. Lot sizes vary, but the most frequently occurring are 40 and 80 acre lots with 80 acres the median and the average of the parcels equaling 109 acres. Ownerships often combine lots to create areas several hundred to several thousand acres in size. Due to the groundwater and frequent flooding, there are few residences. Typical lands are along the Upper Deschutes river, the Little Deschutes river and in the Sisters area.] [C. Irrigated Commercial Crop Land: This land, because of more favorable soil characteristics, climate and topography,is suitable for raising diversified row crops, grain, etc., with a yield sufficiently high to make farm operation generally self-sustaining and profitable. The predominant lot size is 80 acres with some large ownerships, causing the average to be 170 acres. The pattern is a mixture of larger and smaller. Few non-farm dwellings exist in this area. Lower Bridge is characteristic of this description.] [D. Irrigated Marginally Commercial Land: This type of land, because of less favorable soil and climatic conditions, is not able to raise as wide a variety of crops as Type C above, nor is the potential yield as high. However, it can produce occasional row crops, grain, hay and pasture, as well as livestock, on a generally self-sustaining basis, although somewhat marginal at times. A mixture of lot sizes can be found throughout these areas and while there are some large farm ownerships the predominant ownership and tax lot size is 40 acres. Lands around Alfalfa, Cloverdale and Terrebonne are characteristic of this agricultural Comprehensive Plan November 25, 1992 Page 4 type.] 0119001897 [E. Dry Rangeland: This land has little water and is without irrigation. Suited only for livestock production presently, it often lies in areas where the introduction of irrigation water would make marginal crop production possible, and therefore is a resource for the future. Predominant ownership characteristic of the type are found near Odin Falls.] [F. 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 is available. Ownership sizes cover a broad range but the most frequently occurring 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.] [G. Marginal Farm Land - Developed: This land is much the same as Type F, but existing residential development and hobby farming activities have reduced the predominant ownership and tax lot size to less than 20 acres. The land is suitable for raising and grazing livestock on a small scale. Because people are able to subsidize the farm operation, productivity is believed to be higher than might otherwise be the case. Lands typical of these characteristics generally lie close in to urban areas, such as Bend, Plainview, Swalley and to some extent Tumalo.] As Dart of Deriodic review in 1992, the county conducted a study of commercial agriculture in Deschutes County. The purpose of the study was to ensure that EFU zone boundaries and standards for farm divisions and dwellings were consistent with Goal 3 and relevant administrative rules. The results of the study are detailed in the completion report dated June 1992, and are incorporated into the Resource Element of the Comprehensive Plan. The study identified 7 agricultural subzones: Lower Bridge, Sisters/Cloverdale, TumalofRedmond/Bend. Terrebonne, Alfalfa. LaPine and Horse Ridge East. For each subzone. standards were determined for minimum parcel size for both farm divisions and farm -related dwellings. The standards are designed to protect the commercial agriculture land base while providing for flexibility. A tiered administrative process administers the standards. Comprehensive Plan November 25, 1992 Page 5 Oil acres is the controlling variable for defining commercial agriculture. Therefore, the standard for definincr what constitutes a farm parcel is keyed to the number of irrigated acres typically found on commercial farms in each subzone. The study also found that farms in Deschutes County usually contain a mix of irrigated and nonirrigated land, as well as a mix of soils of different classes. Since the assessed farm use value is linked to the productive capability of property, it provides a surrogate for irrigated acres by acknowledginct the presence and role of unirrigated soils in farm operations. The assessed farm use value can be used in place of the irrigated agreagefigmre where the land value is set to ecival that of the irrigated land (i.e., median irrigated acres in subzone x farm use value of best irrigated land in subzone = threshold assessed land value). Notwithstandina the vrecedinq, the LaPine Subzoneis_somewhat different from the other subzones in that farm sales are less than farm use values. In Qeneral, this is due to agricultural practices that depend to a much greater degree than in the other subzones on livestock grazing on nonirrigated pasture. To address this situation, median irrigated acreage and median assessed farm use value are used to set the basic commercial standards with the income test for dwellings derived by the county farmland appraiser from the sum of the sales potentials that the median commercial farm could realize considering typical irrigated acreage, wet meadowland and dry grazing land in the subzone. Recognizing the importance of protecting agricultural land the following was chosen to meet State requirements and local needs: GOAL: To preserve and maintain agricultural land_ [in Deschutes County for the production of farm and forestry products, as well as the public need for open space.] POLICIES: [It has been the policies which have generated the greatest debate. Controversial even before the process began, the identification of appropriate mechanisms to protect local agricultural lands has been characterized by heated discussion, polarization of attitudes and occasionally open hostility.] [Much of the early debate focused on the Interim Agriculture Ordinance meant to protect agricultural lands until the final plan was prepared. The Agricultural CAC split into two factions with the predominant group (8 of the 15) agreeing Comprehensive Plan November 25, 1992 Page 6 0119-1899 upon an ordinance calling for 40 -acre minimums in Lower Bridge and east of Horse Ridge, while the rest of the county was 10 acres. This plan was accepted by the County but rejected by the State Land Conservation and Development Commission. LCDC then placed an enforcement order on the County mandating all lands with Farm Tax Deferral status should be protected as agricultural land until a final plan was prepared.] [In preparation of this plan the Agricultural CAC again proposed a 40 -acre minimum for the northern and eastern portions of the County with the rest 10 acres. The Overall CAC, recognizing LCDC's reasoning and the testimony of other farmers and County residents, accepted most of the Agricultural CAC's recommendations but rejected the proposed agricultural definitions and zoning because of: 1. Conflicts with other committees' recommendations for rural areas (particularly energy, transportation and public facilities); 2. Failure to adequately address rangelands and large farm ownerships; and, 3. Conflicts between the proposal and the intent of LCDC Goal 3.] [The Overall CAC, with the assistance of a member of the Agricultural CAC, then prepared a new set of policies for definitions and zoning. These policies are basically those contained in this plan, although they have been modified to bring them even more into line with the requirements of the State Land Conservation and Development Commission because of review by the County's Planning Commission, Planning Staff, Board of County Commissioners and a team of consultants hired to check for such issues.] 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 Multiple Use Agriculture or Rural Residential. 2. Lands not meeting the agricultural lands definition but having potential for irrigation according to the Bureau of Reclamation Special Report - Deschutes Project, Central Division, Oregon, although not presently without Comprehensive Plan November 25, 1992 Page 7 0119-1900 water, shall receive exclusive farm use zoning. [consistent with Agricultural Type E..] 3. Public lands meeting the criteria for EFU zoning shall be so zoned unless some other resource (i.e., forest) or public use exists on the land. 4. No more than 25 percent of a given agricultural [district] subzone shall be composed of lands not of the same agricultural type. Any agricultural lands not zoned EFU agriculture shall be identified in the County Exception Statement. Zoning districts shall be at least 40 acres in size. [3. A change from an EFU zone to a non-EFU zone (except SM or SMR) shall require a plan amendment (see Exception Maps).] 5. Zones and [lot] minimum[s] parcel sizes shall be established to assure the preservation of the existing commercial agricultural [character] enterprises of the area. [ (Agricultural Land Type Zone A - High Desert EFU-320 acres B - Riparian Meadows EFU-80 acres C - Irrigated Commercial Crop Land EFU-80 acres D - Irrigated Marginally Commercial Crop Land EFU-40 acres E - Dry Rangeland EFU-40 acres F - Marginal Farmland, Undeveloped EFU-20 acres G - Marginal Farmland, Developed MUA-10 acres) 6. For purposes of profiling the existing commercial agricultural enterprises of the County. the County shall consider as one land unit all tracts in contiguous ownership (including those parcels separated only by a road) zoned EFU. 7. The County will consider as its pool for profiling the nature of the existing agricultural enterprises of the area those farms that make the highest 90% contribution to the local agricultural economy. 8. In recognition that irrigated acres per farm unit is the key variable identifying commercial agricultural enterprises in the County. the County shall use the median number of irrigated acres per farm unit in the area or subzone as its principal standard for defining what size of tract constitutes a farm parcel. As an alternative to median irrigated acres as a standard, an Comprehensive Plan November 25, 1992 Page 8 0119-1901 assessed farm value equal to that of the median irrigated acres shall be used as a standard for establishing farm parcel size. The formula for the assessed farm value determination shall be as follows: the median number of irriciated acres per farm unit for the area or subzone x per acre farm use value of best irrigated land in subzone = dollar threshold for assessed land value alternative. 9. Following from the June 1992 OSU Extension Service completion report detailed in the resource element, the County has identified 7 subzones representing distinct groupings of agricultural tynes The County's EFU zoning shall reflect those identified subzones, generally described as follows and as more particularly detailed in the resource element of the comprehensive plan: Subzone Profile Lower Bridge Irrigated field crops, hay and pasture Sisters/Cloverdale Irrigated alfalfa, hay and pasture, wooded grazing and some field crops Terrebonne Irrigated hay and pasture Tumalo/Redmond/Bend Irrigated pasture and some hay Alfalfa Irrigated hay and pasture LaPine Riparian meadows, grazing and meadow hay Horse Ridge East Rangeland grazing 10. For the purposes'of determining relevant characteristics (i.e., farm use values, multipliers, irrigated acres and assessed farm use values) of commercial farms, the County will rely on those farms and those statistics identified in the completion report prepared by the OSU Extension Service dated June 1992 and set forth in the Comprehensive Plan November 25, 1992 Page 9 resource element of the comprehensive plan. 0119-1902 11. To allow for flexibility, local variations and innovative farming proposals, a tiered administrative approach, as described in the resource element of the plan, shall be used to determine, based upon the data Profile of each subzone, appropriate parcel sizes for purposes of decision-making on individual farm land division and farm dwelling applications. In Tier 1, decisions on parcel size shall be based upon the median irrigated acres or farm assessed values in the identified subzones. In Tier 2 decisions shall be based upon the median irrigated acres or farm assessed values in a more localized radius. In Tier 3. decisions shall be based upon whether under a proposed farm management plan the subject parcel can generate the median annual gross sales for the subzone, as determined by a local technical advisory committee. Tiers 1, 2 and 3 shall apply to farm dwelling decisions; only Tiers 1 and 2 shall apply to farm divisions. 12. Farm divisions reviewed under Tier 2 shall contain, at a minimum, the amount of irrigated land found in the lower quartile of commercial farms in the subzone. 13. In order to provide some flexibility in the zoning and to assist farmers who may need to sell an isolated unproductive piece of land in order to assure continued operation of the farm, individual isolated partitions (creation of one or two new lots) establishing lots less than the EFU minimum lot size in EFU areas shall be permitted [consistent with ORS 215.213] to the maximum extent allowed by state law. The remaining farm parcel must be at least the minimum established by the EFU zone. [This shall not be interpreted to permit the creation of non-agricultural subdivisions in EFU areas.] In order to provide some flexibility in the zonin while still maintaining the rural character of the area and limiting the costs of providing services to rural residents, the county shall allow non-farm residential divisions with a minimum lot size of 20 acres and limit to three the number of new non-farm parcels that can be created from any one parent parcel. This prohibition shall apply to all parcels created after the effective date of Ordinance 92-065. 14. So that a farmer who has lived on his land for 10 years or more may retire and sell his property while retaining the use of his existing home, a homestead exception may be permitted which allows the homesteader to retain a life estate lease on the home and some of the surrounding land. The lease will end with the death(s) Comprehensive Plan November 25, 1992 Page 10 0119=1903 of the homesteader and spouse. This exception shall not permit the creation of another residence on the property in question. 15. A division of land for non-farm uses, except dwellings, may be approved as long as the parcel for the non-farm use is no larger than the minimum size necessary for the use. The parcel shall be at least one acre in size. [9. The Multiple Use Agricultural Zone shall allow planned developments, destination resorts, planned communities and cluster development as conditional uses where it can be shown these uses would be consistent with or beneficial to the maintenance of agricultural uses in that area. Except for Destination Resorts no overall densities in excess of the underlying minimum lot size will be permitted.] [10. Conversion of agricultural land to non-agricultural uses shall be based on the following: (a) Acceptable environmental, energy, social and economic consequences; (b) Demonstrated need consistent with Land Conservation and Development Commission goals and ORS 215.213.] 16. Parcel size exceptions may be granted because of survey errors when original section lines were established, so that standard section divisions may be achieved (i.e., 160, 80, 40, 10, etc., acres). Man-made barriers such as roads or canals, over which the applicant has no control, may serve as adequate justification for granting a parcel (lot) size variance. 17. Normal agricultural practices (i.e., aerial pesticide applications, machinery dust and noise, etc.) should not be restricted by non-agricultural interests in agricultural districts. The County shall consider requiring noise, dust, fly, etc., easements to be granted to adjoining farmers where non-agricultural uses are permitted. 18. Coordination between public and private landowners to encourage farm use shall be encouraged. And projects to increase productivity and to bring new land into agricultural production shall be fostered. 19. Control of noxious weeds through educational programs should be continued. 20. Farm and non-farm uses in rural areas shall be consistent with the conservation of soil and water. Comprehensive Plan November 25, 1992 Page 11 0119-1904 21. Prior to the next periodic review of its comprehensive plan" the County Planning Department shall initiate a[n on-going] study of EFU-zoned [marginal farm] lands to develop a recon endation as to whether marginal lands or secondary lands would be appropriate. [information on how and when these lands should be converted to other uses, and to consider alternative methods of compensating landowners for loss of development potential.] [17. The County Planning Department shall seek detailed soils information for all areas of the County through cooperation with the Soil Conservation Service, U.S. Forest Service, Bureau of Land Management, and Mid -State Soil and Water Conservation District.) [18. Because of the possible adverse effects of local taxing districts, the Board of County shall take such action as is necessary to impacts after one year of experience with upon sufficient and specific information of the zoning.] /mj z Comprehensive Plan November 25, 1992 Page 12 EFU zoning to Commissioners mitigate undue EFU zoning or on the effects 0119-1905 EXHIBIT B RURAL DEVELOPMENT Residential/Recreational Development NOTE: Deleted wording is in brackets [ ]; added wording is underlined bold. 8. The Multiple Use Agricultural Zone shall allow Manned developments, destination resorts, planned communities and cluster developments as conditional uses where it can be shown these uses would be consistent with, or beneficial to, the maintenance of agricultural uses in that area. Except for destination resorts no overall densities in excess of the underlying minimum lot size shall be permitted. EXHIBIT C 0119-1906 FINDINGS IN SUPPORT OF EFU ZONE AMENDMENTS 1. Deschutes County initiated a review of its Exclusive Farm Use (EFU) zones as part of periodic review, as specified in ORS Chapter 197.628. The purpose of the review is to assure that the county's comprehensive plan and land use regulations comply with Statewide Planning Goal 3, Agricultural Land. 2. Deschutes County Commissioners contracted with OSU Extension Service on January 1, 1992, to provide assistance to the county in documentation of the standards for the EFU zones. The principal investigator in the project was Dr. James R. Pease. Dr. Pease has worked with the Oregon land use program since its inception in 1973. He has completed several funded projects, for the Oregon Land Conservation and Development Commission (LCDC) and other funding sources, on Oregon's land use program, as well as numerous technical assistance projects for county governments and LCDC which were performed without funding. His specialty is rural resources planning, particularly agricultural and forest land use planning. He prepared databases for agricultural land use policy (Profiles of Commercial Agriculture and Special Tabulations of the Census of Agriculture) under contract with LCDC which are used by most county governments as well as LCDC. In 1986, he worked with Polk County planners to develop a new zoning ordinance to address Goal 3. The new ordinance was adopted in 1986. The project received the Professional Achievement in Planning Award from the Oregon Chapter, American Planning Association, in 1990. In 1990, he completed an agricultural resources planning project for Yamhill County and a primary/secondary lands study for Jackson County and the LCDC. Dr. Pease has also published various papers on the agricultural land use program, including papers on the Polk County project and the primary/secondary lands project. The Board finds Dr. Pease to be highly qualified to perform the required analysis and considers him to be an expert witness in the field of protection of agricultural lands under Oregon's statewide planning program. 3. Four principal steps are involved in the documentation process: A. Identify the types and sizes of farm operations comprising the county's commercial agricultural enterprise (OAR 660-05-015(1); 660-05-015(6)(a)). Along with the contract with OSU, County Commissioners also appointed a 24 -member advisory committee to assist Findings in Support of EFU Zone Amendments November 25, 1992 Page 1 0119=190'7 in the documentation of standards for the EFU zones. The results of this project are detailed in the completion report dated June 1992. To supplement the report prepared by OSU, the county contracted with the Bureau of the Census for a special tabulation of the 1987 Census of Agriculture and with Western Attitudes to conduct two surveys. The first consisted of a public opinion survey on rural land issues; the second targeted agricultural operators in the county. While other relevant data sources were used, such as the Census of Agriculture (1978, 1982 and 1987), Extension reports and aerial photographs, the primary component of the county's database is Assessor's records for EFU-zoned properties. These sources, considered together, provide a picture of the county's commercial agricultural enterprise, and are documented in the completion report. Goal 3 also requires the county to inventory and preserve agricultural land by adopting EFU zones pursuant to ORS 215. Minimum lot sizes adopted in EFU zones must be appropriate for the continuation of the existing commercial agricultural enterprise within the area. The rule defines "commercial agricultural enterprise" as those farms which will: (a) Contribute in a substantial way to the area's existing agricultural economy; and (b) Help maintain agricultural processors and established farm markets. The farm operations that contribute in a substantial way to an area's agricultural economy can be identified by income category. The Goal 3 rule does not provide an objective measure of what constitutes a "substantial" contribution to an area's existing agricultural economy, and the county is not aware of any case law shedding light on the meaning of the term. The Board finds that, for the purpose of creating a "pool" of commercial farms for calculating averages, the county will use those farms that make a substantial contribution to the overall productivity of the county. The Board concludes that it is reasonable to include in the "pool" of commercial operators those farms which contribute more than 10% to the local agricultural economy, and determine commercial characteristics based on analysis of that "pool." Since assessed land value is a function of parcel size, soil quality, climate and irrigation, it is a reasonably good measure of the relative agricultural productivity of a parcel, and can be used to estimate potential gross Findings in Support of EFU Zone Amendments November 25, 1992 Page 2 0119-1908 sales. The Assessor calculates farm use values by using a formula provided by the Sate Department of Revenue which is based on review of cash rents of farm land within the county. The farm use value represents the amount of money a farmer would pay to rent farm land for farm use. The farm use value excludes homesite values, on-site improvements and other values unrelated to farm use. The farm use values are reviewed by a local advisory committee and published each year by the Assessor's Office. Farm use values for soils of different characteristics are multiplied by the acreage in each class of soil to determine the assessed land value for a property. The ratio between the per acre return to the land through sales of farm products (rotation averages) to the farm use value is called the "multiplier." Since land rent value is adjusted for each parcel by soil type, gross sales derived by a multiplier of land rent is automatically adjusted by soil quality. In other words, the best soils would have higher gross sales estimates than poorer soils. Rotation averages, farm use values and multipliers for each subzone are as follows: Lower Bridge: 4.5 tons/acre of hay @ $90/ton; $245/acre of best irrigated soils; multiplier = 1.65. Sisters/Cloverdale: 4.0 tons/acre of hay @ $90/ton; $237/acre of best irrigated soils; multiplier = 1.52. Tumalo/Redmond/Bend: 4.0 tons/acre of hay @ $90/ton; $237/acre of best irrigated soils; multiplier = 1.51. Alfalfa: 4.0 tons/acre of hay @ $90/ton; $240/acre of best irrigated soils; multiplier = 1.50. LaPine: 2.5 tons/acre of hay @ $70/ton; $187/acre of best irrigated soils; multiplier = .94. Terrebonne: 4.0 tons/acre of hay @ $90/ton; $239/acre of best irrigated soils; multiplier = 1.51. Assessor's records have been extremely useful in this project because they contain information that can be disaggregated on a geographic basis and because they contain information on assessed farm land values, number of irrigated and nonirrigated acres on a property, number of acres of soils of different groups, tax status and ownership. Assessor's information was used extensively to generate statistics on commercial agriculture in the county; the database is built on commercial farms as shown on Assessor's records as consisting of contiguous ownership tracts (including Findings in Support of EFU Zone Amendments November 25, 1992 Page 3 0119-1909 those parcels separated only by a road) with the same name, zoned EFU, receiving special assessment for farm use and in the top 90% of assessed farm use values (arranged in ascending order). Using this methodology, a total of 1,576 contiguous ownership tracts were identified with 801 (51% of the total) responsible for the top 90% of the contribution to the local agricultural economy. Statistics on commercial agriculture were derived from this group. The completion report contains a profile of the county's commercial agricultural enterprise as a whole, as well as profiles of the commercial agricultural enterprise within each identified subzone. Estimates of gross sales based on the use of Assessor data, number of farms, number of total and irrigated acres and average value of products sold were compared with those in the 1982 and 1987 Census of Agriculture. While the two data sources are not directly comparable because of differing data sets, the overall impression of the comparison was favorable. The Board finds that the inventory of farms obtained from Assessor records meets the requirements of OAR 660-05-015(7). The Board finds that the farm use value, and, by inference, assessed farm land value, is linked to the productive capability of a property in a very real way and can be used as an estimator of potential gross sales of agricultural commodities. The Board finds that those farms with the upper 90% of assessed farm land value can be used to estimate the upper 90% of total market sales. The Board concludes that those farms responsible for 90% of total market sales are those which contribute in a substantial way to the county's existing agricultural economy, satisfying OAR 660-05-005(2)(a). As a supplement to the final report prepared by OSU, the county contracted with the Bureau of the Census for a special tabulation of the 1987 Census of Agriculture for selected data items in Deschutes County. The special tabulations show that 27% of farm supplies, 45% of contract labor, 24% of custom work, 38% of livestock purchases and 49% of the farm equipment and machinery was purchased by farms grossing less than $10,000. The Board finds that these data show that small farms (in terms of gross sales) are a significant part of the local farm economy because they support farm supply businesses and concludes that they are necessary to maintain the existing commercial enterprise in the county. The Board therefore concludes that this information shall be used in conjunction with other data to define "commercial agricultural enterprise." Findings in Support of EFU Zone Amendments November 25, 1992 Page 4 0119=1910 Deschutes County Commissioners also contracted with Western Attitudes to conduct a survey of agricultural operators in the county. The survey was conducted in May of 1992; the results of the survey were presented to the county in June 1992. The Board finds that the results of the survey are instructive in identifying established farm markets (OAR 660-05-005(2)(b)). The survey reveals that the primary marketing outlets are direct sales (65%) and auction (42%). Over 66% of respondents said their products are processed in Deschutes County. For those who sell their products directly to consumers, 88% of sales occur within 25 miles of the home farm. For those who sell their products via auction, 77% of sales occur within 50 miles of the home farm. Based on these data, the Board finds that the infrastructure for commercial agriculture is limited and that farm markets are typically located within central Oregon. B. Determine whether there are areas or subareas of the county with a distinct agricultural enterprise in terms of types and/or sizes (OAR 660-05-015(4); 660-05-015(6)(a)). The research team from OSU compared current zone boundaries with an agricultural land use map prepared from ASCS aerial photography and data on commercial farms as defined above. With few exceptions, current zone boundaries reflect significant similarities within the zone and significant differences between zones to merit keeping them in place. For this reason the new subzones are closely tied to existing zone boundaries. However, the Planning Commission did identify three large irrigated farms and adjacent properties located north and west of the Squaw Creek irrigation canal in the Tumalo/Redmond/Bend/Sisters Subzone that are not representative of the area, considering tract size and number of irrigated acres. The Board finds that these properties are more characteristic of those in the Cloverdale Subzone and, accordingly, concludes that the following properties shall be incorporated into that zone: 151000000100 1510040000103 1510040001109 1510080000709 1510100000401 1510120000301 1510140000200 1510140000700 1510000001101 1510040000500 1510080000400 1510100000400 1510110000100 1510120000302 1510140000600 Findings in Support of EFU Zone Amendments November 25, 1992 Page 5 1510000001102 1510040001101 1510080000707 1510100000700 1510120000200 1510140000100 1510140000601 0119-1911 The Board also finds that, because of the small size of the Sisters Subzone, the limited number of farms and the similarity in operating characteristics with farms in the Cloverdale Subzone, it also is appropriate to incorporate these properties into the Cloverdale Subzone. Because of these changes, the Board also concludes that the Cloverdale Subzone be renamed Sisters/Cloverdale and the Tumalo/Redmond/Bend/Sisters Subzone be renamed Tumalo/Redmond/Bend. Notwithstanding the preceding, the data indicate variety in farm sizes within each subzone. Similarly, each subzone contains farms capable of higher and lower potential gross sales. Mapping of concentrations of commercial farms did not reveal clear patterns (i.e., the distribution of commercial farms appears to be random). Thus, while the data indicate variability in the sizes of farms within the subzones, no clear pattern was identified on which to further refine the zone boundaries or to locate anomalous areas within a subzone. The county's periodic review notice did not require the county to reinventory its agricultural lands. The Board notes that the definition of agricultural land has not changed form the time the original plan was acknowledged. For these reasons, the Board finds that no further analysis of agricultural land is required for the purpose of determining whether lands are appropriately zoned for exclusive farm use. The Board further finds that the proposed subzones, as mapped, represent regional differences in commercial agricultural and concludes they be adopted as shown. C. Determine the farm unit size(s) appropriate to maintain each area's commercial agricultural enterprise (OAR 660-05-015(1); 660-05-015(6)(a); 660-05-020(3)). Statistics were produced on total tract size, irrigated acreage size and potential gross sales in each subzone. Stable indicator crops are hay and forage, field crops and cattle. Irrigation is found to be essential for crop or hay production and is used extensively for irrigated pastures. Thus, irrigated acres is identified as the controlling variable for defining commercial agriculture. Therefore, the standard for land divisions and farm dwellings is keyed to the number of irrigated acres typically found on commercial farms in each subzone. The Board also recognizes that farms in Deschutes County usually contain a mix of irrigated and nonirrigated land, as well as a mix of soils of different classes. It is the Board's desire to acknowledge the presence and role of these lands by using a surrogate for the irrigated acreage standard. Findings in Support of EFU Zone Amendments November 25, 1992 Page 6 0119-1912 To this end, the Board finds that the assessed farm use value is linked to the productive capability of a property in a very real way and provides a reliable test of the commercial viability of a farm by acknowledging the presence and role of unirrigated soils in farm operations (See discussion of farm use values in finding# 3A, above). The Board finds that the assessed farm land value can be used in place of the irrigated acreage figure where the land value is set to equal that of the irrigated land (i.e., median irrigated acres in subzone x farm use value of best irrigated land in subzone = threshold for assessed land value). The Board concludes that these two variables be used to identify commercial scale farms in the review of applications for land divisions to determine whether the proposed parcels are capable of maintaining the existing commercial agricultural enterprise. Notwithstanding the preceding, the Board recognizes that the LaPine Subzone is somewhat different from the other subzones in that farm sales are less than farm use values, resulting in a multiplier less than one. In general, this is due to agricultural practices that depend to a much greater degree than in other subzones on livestock grazing on nonirrigated pasture. To address this situation, median irrigated acreage and median assessed land value are used to set the basic commercial standards, with the income test for dwellings derived by the county farmland appraiser from the sum of sales potentials that the median commercial farm could realize considering typical irrigated acreage, wet meadowland and dry grazing land in the subzone. Statistics on commercial scale farms were derived from Assessor records as described in finding# 3A, above. The use of the median was selected to identify the typical farm unit because it represents an actual county farm and is the "middle -most" number (i.e., half the farms are larger, half are smaller). The mean is another measure of the average but was rejected because it does not represent any actual farm unit and it may be skewed by observations found at the extremes of the array of data. For these reasons, the Board finds that the median is an appropriate statistic for these land use purposes and concludes that the criteria used in the general zoning model use the median irrigated acreage and median assessed farm use value. With respect to the question of whether the minimum lot sizes identified in the subzones are capable of maintaining the commercial enterprise as a whole (OAR 660-05-015(1) and (4), the Board notes that in the Lower Bridge Subzone there are 30 commercial farms, of which 2 may qualify for partition under Tier 1. In the Findings in Support of EFU Zone Amendments November 25, 1992 Page 7 0119-1913 Terrebonne Subzone there are 229 commercial farms, of which 27 may qualify for partition under Tier 1. In the Alfalfa Subzone there are 140 commercial farms,of which 19 may qualify for partition. Data to analyze the other subzones are not available because of alterations to zone boundaries. Based on the preceding, however, the Board concludes that the minimum lot sizes identified are appropriate for the continuation of the existing commercial agricultural enterprise within the areas. D. Balance the relevant information to determine the parcel size appropriate to maintain the area's commercial agricultural enterprise as a whole (OAR 660-05-020(6); 660-05-015(4); 660-05-015(6)(b); 660-05-015(8)). Relevant to this discussion, and following the recommendation of the advisory committee, the Board adopts the following guiding principles: * Recognize that high value agriculture can be conducted on small parcels, but long-term policy shall be based on indicator crops or livestock activities with stable operating records or market conditions. * Provide for a full range of types and scales of commercial agriculture. The Board finds that livestock (cattle) and field crops (alfalfa and other hay) are the dominant agricultural types in terms of number of farms and number of acres. They also are considered to be the stable indicator crops. Figures for irrigated acreage and assessed value reflect their dominance. For these reasons the Board concludes that the key standards used in the general zoning model will protect the land base for commercial agriculture for those indicator crops or livestock activities with stable operating records and market conditions. At the same time, the use of Tier 2 allows for flexibility to provide for local variations in the scale of commercial agriculture consistent with OAR 660-05-015(3) and (4) and the guiding principles. 4. As a supplement to the final report prepared by OSU, the county contracted with the Bureau of the Census for a special tabulation of the 1987 Census of Agriculture for selected data items in Deschutes County. The special tabulation was delivered to the county on August 15, 1992. Particularly instructive are comparisons of income and acreage for all county agricultural types which show the following: Findings in Support of EFU Zone Amendments November 25, 1992 Page 8 0119-1914 * 73% of all field crop farms gross less than $10,000 and account for 46% of field crop acreage; 90% of these farms gross less than $40,000. Three farms (2%) in this group reported gross incomes of $80,000 or more. * 88% of all general farms gross less than $10,000; 94% of these farms gross less than $40,000. One farm (6%) in this group reported gross income of $80,000 or more. * 76% of beef cattle ranches gross less than $10,000 and account for 16% of beef cattle acreage; 94% of these ranches gross less than $40,000. Ten ranches (3%) in this group reported gross incomes of $80,000 or more. * 86% of other livestock operators (primarily sheep, hogs, feedlots) gross less than $10,000; 94% of these farms gross less than $40,000. One farm (less than 1%) in this group reported gross income of $80,000 or more. * 86% of those farms involved in specialty animals (horses, llamas, other exotics) gross less than $10,000 and account for 68% of the acreage; 95% of these farms gross less than $40,000. Three farms (2%) of this group reported gross incomes of $80,000 or more. These data indicate marked similarities in the actual earnings profiles for all agricultural types, with no discernible anomalies at either end of the income scale. The data also show that farms with low gross sales are necessary to support the overall commercial enterprise. Additionally, the special tabulations (Table 1) reveal that, for the 198 county farms showing a positive net return, 70 (35%) gross less than $10,000, 38 (19%) gross between $10,000 and $19,999, 37 (19%) gross between $20,000 and $39,999, 31 (16%) gross between $40,000 and $79,999 and 22 (11%) gross $80,000 or more. Based on these data, the Board finds that net income is not a useful predictor of the ability of a farm to generate a particular gross income, and does not ensure any particular scale of agricultural activity (i.e., farms with low gross sales are just as likely to realize a profit as those with higher gross sales). Table 2 of the special tabulations reveals that, for the 170 irrigated farms showing net gains, 48 (28%) have less than 20 irrigated acres, 37 (22%) have between 20 and 39 irrigated acres and 52 (31%) have at least 100 irrigated acres. The Board finds that these data show the variability in irrigated acreage in commercial farms, and concludes that profitability Findings in Support of EFU Zone Amendments November 25, 1992 Page 9 0119-1915 is not directly correlated with any one particular irrigated size. Table 4 of the special tabulations shows net cash return from agricultural sales by agricultural type. The data show: * 56 (35%) of all field crop farms reported net gains; 36 (65%) reported net gains less than $10,000. * None of the general farms reported net gains in 1987. * 87 (21%) of all beef cattle ranches reported net gains; 64 (74%) reported net gains less than $10,000. * 30 (20%) of other livestock operators (primarily sheep, hogs, feedlots) reported net gains; all operators with net gains reported gains less than $10,000. * 13 (12%) of those farms classified as animal specialties (horses, llamas, other exotics) reported net gains; 11 (85%) reported net gains less than $10,000. For all other farms (orchards, berry and grapes, specialty crops) with net gains not otherwise classified, 14 (67%) reported net gains, with all 14 reporting net gains greater than $40,000. The average acreage devoted to these products is less than or equal to 5 acres. These data show that there is no strong correlation between profitability and any one of the dominant agricultural types. The Board finds that the information contained in the special tabulation is useful in refining the county's definition of a "commercial agricultural enterprise" (OAR 660-05-005(2)(b)). The Board also finds that the information contained in the special tabulation is helpful in applying a minimum lot size standard to requests for farm dwellings on pre-existing lots, in that the contribution made to the county's existing agricultural economy can be used to distinguish between farm and non-farm parcels (OAR 660-05-025(1)). The Board concludes that the information contained in the special tabulation shall be incorporated into the resource element of the comprehensive plan. 5. Deschutes County Commissioners also contracted with Western Attitudes to conduct a survey of agricultural operators in the county. The Board finds that the results of the survey are particularly instructive in identifying owner characteristics and the type and value of products produced (OAR 660-05-015(8)). For example, the survey shows that two thirds of respondents derive 75% or more of their annual household income from non-farm sources. Half of the respondents realized gross sales less than $5,000, averaged Findings in Support of EFU Zone Amendments November 25, 1992 Page 10 b(t9-1.916 over the last three years. Based on these data the Board finds that the typical farm in the county is conducted on a part time basis and is heavily subsidized by off -farm work. The Board concludes that the survey results shall be incorporated into the resource element of the comprehensive plan. 6. The Planning Commission held work sessions to discuss the data and the recommendations of the advisory committee on July 8, August 5, August 12 and September 9, 1992. The Planning Commission conducted public hearings on the issues on July 22 and August 26, 1992. Notice of all hearings was provided pursuant to ORS 215.060. 7. The Board of County Commissioners held work sessions to discuss the recommendations of the Planning Commission on September 15, 1992, and conducted a public hearing on September 23, 1992. Notice of all hearings was provided pursuant to ORS 215.060. The Board accepts the recommendations of the Planning Commission with respect to the methodology for defining commercial farm use, the general administrative model detailing the tiered system, the use of all three tiers for the review of farm dwellings on pre-existing lots and the decision to not use Tier 3 in the review of land divisions. 8. With respect to the Tumalo/Redmond/Bend Subzone, the Board accepts the recommendation of the Planning Commission to treat the subzone as the other subzones in the county and concludes that the criteria for land divisions and farm dwellings shall be based on the commercial characteristics detailed in the completion report prepared by OSU. 9. With respect to estimates of potential gross sales in each subzone, the figures in the completion report were obtained by multiplying deferred farmland value by a multiplier between 1.1 and 2.4. The multipliers are derived from estimates of rotation averages in each subzone. The study used as a standard the most productive irrigated soils in the Lower Bridge Subzone. Estimated gross sales of $600 per acre are based on yield/price assumptions of 6.6 tons/acre of alfalfa at a price of $90.00 per ton. The completion report at page 4 notes that the rotation averages used to calculate potential gross sales for each of the subzones needs review. The figures used in the profiles and in the subzone standards were estimated from the commodities table. The report notes that the commodities table (Table 7) needs review and refinement. The Planning Commission directed staff to review these figures. The county farmland appraiser reviewed these figures and detailed his findings in a memo dated 18 August 1992. His rotation average of 4.5 tons/acre is derived from average production figures contained in the county's annual farm Findings in Support of EFU Zone Amendments November 25, 1992 Page 11 0119-1917 reports. The county's records confirm the price figure of $90.00 per ton. The reduced rotation average results in lower gross sales estimates, and multipliers, for each subzone. The revised multipliers range from 1.65 to .94. The Board finds that the revised yield figures more accurately reflect typical farm practices in the county and concludes that the revised multipliers produce more reliable estimates of potential gross sales. 10. ORS 215.283(1)(f) authorizes dwellings customarily provided in conjunction with farm use in EFU zones. The county has incorporated this use in Sections 18.16.030(A) and 18.16.050(A) of the Deschutes County Code (DCC). The Board interprets this to mean that the land would be used principally for farm use, not residential purposes, and that the day-to-day activities on the subject land are principally directed to farm use of the land. The Board finds that the following factors are relevant to this enquiry: A. The size of the farm unit including all contiguous lands in the same ownership; B. The types of farm crops and acreage; C. The operational requirements of the farm use, including the number of employees; D. The number of other permanent or temporary dwellings on or servicing the farm unit; E. The extent and nature of the work to be performed by the occupants of the proposed dwelling, i.e., whether the activities are principally directed to the farm use of the land. The Board recognizes that it is customary for commercial farm operators to live on their farm. The Board also recognizes that the database included in the completion report from OSU defines commercial farm use in Deschutes County. The general administrative model for reviewing applications for farm dwellings is designed to identify commercial farm operations. The standards to implement the criteria define commercial operators, consistent with the database. For these reasons the Board finds that, notwithstanding other statutory or ordinance requirements, an application for a farm dwelling which meets the requirements of Section 18.16.065 is, presumptively, [capable of being] a commercial farm operation. 11. A key concern to the county in the review of applications for new farm dwellings is whether the principal use of the land in question will be for farming or residential use. The county has adopted criteria in Section 18.16.050(A)(d) of the DCC to parallel requirements of Oregon Administrative Rules Findings in Support of EFU Zone Amendments November 25, 1992 Page 12 0119-1918 (OAR) 660-05-030(4), which are to be taken into account when determining whether a proposed dwelling is customarily provided in conjunction with farm use. See Newcomer v. Clackamas County, 94 Or App 33, 764 Ptd 927 (1988). In Miles v. Clackamas County, 18 Or LUBA 428, 439 (1989), the Land Use Board of Appeals determined that it would be consistent with OAR 660-05-030(4) for a county to approve a farm dwelling, in conjunction with approval of a specific farm management plan, even though the farm use proposed in the management plan does not yet exist on the subject property, "so long as the county (1) determines the level of farm use proposed by the farm management plan satisfies OAR 660-05-030(4), and (2) ensures through conditions that the farm dwelling cannot actually be built until after the county determines that the farm management plan has been carried out." The Board finds that these decisions allow the county to develop a process whereby a proposed farm use can be reviewed for consistency with DCC 18.16.050(A)(d) and OAR 660-05-030(4) under a farm management plan. The Board concludes that a farm dwelling under Tier 3 can be approved if the farm use proposed in the management plan satisfies the Code and the administrative rule, and if the county ensures through conditions that the farm dwelling cannot be built until the county determines the farm management plan has been carried out. 12. Commercial agriculture in Deschutes County consists primarily of field crops (alfalfa, other hay, some peppermint, potatoes and seed crops) and livestock operations. The high elevation (2700-3500 feet) and low rainfall make difficult conditions for crop farming. A short growing season and the risk of crop damage from frost or mid -summer hail storms must be factored into agriculture investment planning. Irrigation is essential for crops and is used extensively for irrigated pastures. For these reasons irrigated acreage is identified as a key component of commercial farm use and is used to review farm divisions to ensure proposed parcels are suitable for continued commercial agriculture. 13. With respect to the use of Tier 3 for review of farm dwellings, the tier is designed to be a rigorous test of a serious farm proposal which does not meet the norms identified in the county. It is the final option for an application for a farm -related dwelling. With the exception of the LaPine Subzone, described in finding# 3C, the income test described in each subzone is calculated by using the formula: (yield of hay/acre) x (value/ton of hay) x (median irrigated acreage in subzone) = potential gross sales. The figure can also be estimated by the formulas: (median assessed farm use value in subzone) x (multiplier) _ potential gross sales or by (median irrigated acreage) x Findings in Support of EFU Zone Amendments November 25, 1992 Page 13 (farm use value) x (multiplier) = potential gross sal 11'e1919 income figure incorporates actual production figures and median irrigated acreage and reflects the two land division standards identified in Tier 1 (median irrigated acreage and farm use value in subzone). Thus, it represents a performance standard based on the minimum lot size established in the zone. The Board finds that this methodology provides a standard capable of distinguishing between farm and nonfarm parcels, satisfying OAR 660-05-015(3)(c) and 660-05-025(1). 14. With respect to policy# 3 of the comprehensive plan, the Board finds that this policy is not needed because a decision to exclude agricultural land from the requirements of one or more provisions of Goal 3 must be made in accordance with the process specified in Goal 2, Part II, Exceptions, and the interpretation of the exception process detailed in OAR 660, Division 4. For this reason the Board concludes that policy# 3 shall be deleted. 15. With respect to policy# 9 of the comprehensive plan, the Board finds that the Multiple Use Agriculture Zone (MUA-10) is not a qualifying EFU zone, but is a rural residential zone. The Board concludes that the policy is misplaced in the Agricultural Lands section of the comprehensive plan and the proper location for this policy is in the Rural Development section of the comprehensive plan. 16. With respect to policy# 10 of the comprehensive plan, the Board finds that this policy is similar to policy# 3, discussed in finding 15, above. The conversion of agricultural land to nonagricultural uses requires an exception as detailed in Goal 2, Part II, Exceptions, and as interpreted by OAR 660, Division 4. The exceptions process is triggered by state law regardless of policy statements in the comprehensive plan. For these reasons the Board concludes that policy# 10 is not needed and shall be deleted. 17. With respect to policy# 17 of the comprehensive plan, the Board finds that this policy has been accomplished with the recent completion of soils mapping by SCS. Since the policy has been satisfied, the Board concludes the policy is no longer needed and shall be deleted. 18. With respect to policy# 18 of the comprehensive plan, the Board finds that the actions specified in the policy have not been carried out. The Board is not aware of any adverse taxing effects that can be mitigated through local means. For these reasons, the Board concludes that the policy is not needed and shall be deleted. 19. With respect to the Horse Ridge East Subzone, the Board finds that almost no development activity has occurred in this area since the plan was originally acknowledged. The Board Findings in Support of EFU Zone Amendments November 25, 1992 Page 14 further finds land quality, existing land sufficient to the area an retained. KMH/mjZ that, because of location, minimum lot size, or some combination of these faj division and farm dwelling stan s are maintain the existing commercial agriculture in d concludes that the current standards be Findings in support of EFU Zone Amendments November 25, 1992 Page 15