1994-45815-Ordinance No. 94-052 Recorded 11/10/1994REVIEW'D
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94-45815 LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 18,
the Deschutes County Zoning
Map, Changing the Zone Designation
from EFU to SM on Certain Property
in Deschutes County, and Declaring
an Emergency.
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ORDINANCE NO. 94-052
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WHEREAS, tax lot 500 in Section 4 of Township 19 South, Range 14 East, Willamette
Meridian, is a 120 -acre parcel (the parcel) zoned as Exclusive Farm Use, Horse Ridge Subzone,
EFU-HR, under the County's Zoning Ordinance; and
WHEREAS, Hap Taylor and Sons, Inc. has proposed a Zone Change to Title 18 of the
Deschutes County Code, the County Zoning Map, to rezone the parcel from EFU-HR to SM,
Surface Mining; and
WHEREAS, the Deschutes County Hearings Officer, after review conducted in
accordance with applicable law, has recommended approval of the proposed change to the County
Zoning Map; and
WHEREAS, after notice was given and hearing conducted on September 14, 1994 in
accordance with applicable law, the Board of County Commissioners has considered the Hearings
Officer's recommendation; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON ORDAINS as follows:
Section 1. That Title 18 of the Deschutes County Code, the Deschutes County Zoning
Map, as amended, is further amended to change the zone designation for the subject property,
described as tax lot 500 in Section 4 of Township 19 South, Range 14 East, Willamette Meridian,
and as further described by the legal description attached hereto as Exhibit A and the map set forth
as Exhibit B, both of which exhibits are incorporated herein by reference, from EFU-HR to SM.
Section 2. That Title 18 of the Deschutes County Code, the Deschutes County Zoning
Map, as amended, is further amended, to add the zone designation of Surface Mining Impact Area
(SMIA) Combining Zone to all property within one-half mile of the subject property described in
Section 1 above, as designated by the map set forth as Exhibit B to this Ordinance.
Section 3. In support of its decision, the Board adopts the Findings, Recommendation
and Decision of the Hearings Officer, attached as Exhibit B to Ordinance 94-050 and incorporated
herein by this reference, and the Conflict Analysis and ESEE Findings al Decision for the subject
surface mining site, attached as Exhibit A to Ordinance 94-051.
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1 - ORDINANCE 94-052 441CROFILMED
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Section 4. REPEAL OF ORDINANCES AS AFFECTING EXISTING LIABILITIES. The
repeal, express or implied, of any ordinance, ordinance provision, code section or any line of any
map by this ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or
liability incurred under such ordinance, ordinance provision, code section or map feature unless a
provision of this ordinance shall so expressly provide, and such ordinance repealed shall be treated
as still remaining in force for the enforcement of such duty, condition, penalty, forfeiture, or liability,
and for the purpose of authorizing the prosecution, conviction and punishment of the person or
persons who violated the repealed ordinance.
Section 5. 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 its
passage.
DATED this off. day of November, 1994.
BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON
NANCY UPOOE S LANGEN, Chair
TOM THROOP, Commissioner
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ecording Secreta BARRY 11. SLAUGHT R, Commissioner
2 - ORDINANCE 94-052
Exhibit A 0137-1305
To Ordinance 94-052
LEGAL DESCRIPTION
The West Half of the Southwest Quarter (W 1/2 SW 1/4), and the
Northeast Quarter of the Southwest Quarter (NE 1/4 SW 1/4) in
Section Four (4), Township Nineteen (19) South, Range Fourteen (14)
East of the Willamette Meridian, Deschutes County, Oregon, less
that 12.34 acre portion of the State Highway property described in
that certain deed recorded in Volume 49, Page 319 Deschutes County
Deed Records located therein and excepting the Old Bend -Burns
Highway.
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