1995-24350-Ordinance No. 95-043 Recorded 7/12/1995REVIEWED
95-24350 LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNT', 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. _ C
co
ORDINANCE NO. 95-043
0147--%213
WHEREAS, the southern 240 acres in tax lot 200 in Sections 1 an 12 o ownship 19
South, Range 14 East, Willamette Meridian (the subject property), are zoned as Exclusive Farm Use,
Horse Ridge Subzone, EFU-HR, under the County's Zoning Ordinance; and
WHEREAS, Howard M. Day has proposed a Zone Change to Title 18 of the Deschutes
County Code, the County Zoning Map, to rezone the subject property from EFU-HR to SM,
Surface Mining; and
WHEREAS, the remaining 200 acres of tax lot 200 in Section 1 and 2 of Township 19
South, Range 14 East, Willamette Meridian, are zoned SM, Surface Mining and comprise surface
mining site No. 404 in Deschutes County; and
WHEREAS, the Deschutes County Hearings Officer, after review conducted in
accordance with applicable law, has approved the proposed change to the County Zoning Map; and
WHEREAS, after notice was given and hearing conducted on July 12, 1995 in accordance
with applicable law, the Board of County Commissioners has considered the Hearings Officer's
decision; 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 site, described
as the southern 240 acres in tax lot 200 in Sections 1 and 12 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 site described in Section
1 above, as designated by the map set forth as Exhibit B to this Ordinance.
K NCHED
1 - ORDINANCE 95-043 MICROFILMED L 131995
JUL 1
0147-0644
Section 3. In support of its decision, the Board adopts the Decision of the Hearings
Officer, attached as Exhibit B to Ordinance 95-041 and incorporated herein by this reference, and
the Conflict Analysis and ESEE Findings and Decision for the subject surface mining site, attached
as Exhibit A to Ordinance 95-042.
Section 4. Repeal of Ordinances as Affecting E'dsting 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 Zc7 day of July, 1995.
ATTEST:
/21, '&A�C' �6�
Recording Secretary
2 - ORDINANCE 95-043
BOARD OF COUNTY COMNUSSIONERS OF
DESCHUTES COUNTY, OREGON
441�V� r
B Y H. LAUGHTER, air
N CY MAP SC LANGEN, Commis oner
ROBERT L. NIPPER, `Comm s ner
014'7-0645
EXHIBIT A
TO ORDINANCE 95-043
LEGAL DESCRIPTION
The Southeast One-quarter of the Southwest One-quarter
(SE1/4SW1/4) and the Southwest One-quarter of the Southeast
One-quarter (SW1/4SE1/4) of Section One (1), and the
Northeast One-quarter (NEI/4) of Section Twelve (12), all in
Township Nineteen (19) South, Range Fourteen (14), East of
the Willamette Meridian, Deschutes County, Oregon.
EXHIBIT B
v� TO ORDINANCE 95-043
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