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1995-08167-Ordinance No. 95-016 Recorded 3/16/199595-0816' BEFORE THE BOARD OF COUNTY COM14ISSIONERS OF DE% ES J An Ordinance Amending Title 18, the Deschutes County Zoning Map, Changing the Zone Designation from RI to RSC on Certain Property Located in LaPine and Declaring an Emergency. REVIEWED LEGAL COUNSEL COUNTY, OREGON ;.N 9,.33 0138-0 ; Z 5 -- NO. NO. 95-016 �• WHEREAS, tax lot 1300 in Section 11CC of Township 22 South, Range 10 East of the Willamette Meridian is one tax lot totalling 1.76 acres of real property zoned as Rural Industrial, RI, under the County's Zoning Ordinance; and WHEREAS, this tax lot described in Exhibit "A" and depicted on Exhibit "B" attached hereto (hereafter referred to as subject 1.76 acres) was zoned Rural Industrial by Title 18, the Deschutes County Zoning Ordinance, in 1979, based on circumstances that have changed since 1979, as more fully set forth in the Hearings Officer's report attached hereto as Exhibit "C"; and WHEREAS, Randy Yow has proposed a Zone Map Amendment to Title 18, based on a change in circumstances, to rezone the subject 1.76 acres from RI to RSC in the County's Zoning Ordinance; and WHEREAS, the Deschutes County Hearings Officer, after review conducted in accordance with applicable law, has recommended approval of the proposed Zone Map Amendment to Title 18, the Deschutes County Zoning Ordinance; and WHEREAS, after notice was given and a hearing conducted on March 15, 1995 in accordance with applicable law, the Board of County Commissioners have 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, the Deschutes County Zone Map, as amended, is further amended to change the zone designation for the subject 1.76 acres, as more fully described in Exhibit "A" and depicted in Exhibit "B" attached hereto and by this reference incorporated herein, from RI to RSC. V.: C%OEiLMED 1 - ORDINANCE NO. 95-016' 0138-0 00 Section 2. In support of its decision, the Board adopts the findings and recommendations of the Hearings Officer, the Planning Division staff report, and the Applicant's Burden of Proof attached to Ordinance 95-015 and incorporated herein by reference. Section 3. REPEAL OF ORDINANCES AS AFFECTING EXISTING LIABILITIES. The repeal, express of implied, of any ordinance, ordinance provision, code section, or any map or any line on a map incorporated therein by reference, by this amending ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or liability previously incurred under such ordinance, unless a provision of this amending ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution 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 previously violated the repealed ordinance. Section 4. 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 , day of March, 1995. ATTEST: Recording secrekary 2 - ORDINANCE NO. 95-016 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON 414q �/ Akl,- BARRY H_ LAUGHTER, C air NANCY POPE SCHLANGEN, Commissioner ROB T L. NIPPER, mmissioner U 38-U;01 EXHIBIT NAN That portion of the SE 1/4 of the SW 1/4 of the SW 1/4 of the SW 1/4 of Section 11 of Township 22 South, Range 10 East Willamette Meridian lying east of Pengra Huntington Road, in Deschutes County, Oregon. EXHIBIT "B" See MOP 22 10 w m Ilm kom% V % r- L 0138-07�3 S** MOP 22 10 11 C D O COACH -.4,. ROAD 'IT - om m 0 m CA M -q --i m zo 0 0 b, 0 0 0013 pe /VGR.4 fair.. 'I. tA HUNTINGTON ROAD c En rn 0 cn f- 8 0 0 N 0 C) 0 Ch S** MOP 22 10 11 C D O GO1 0 ' r- 71 om m 0 m CA M -q --i m zo 0 0 b, 0 0 S** MOP 22 10 11 C D O