1996-27322-Ordinance No. 96-059 Recorded 7/25/1996REVIEWED
96-27322 Frr�i rnsJ� �
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHU ,
An Ordinance Amending the Map of *r ,,,, �;r: L19 -
Title 19, the Bend Urban Area Zoning
Ordinance, as Amended, to Zone Certain * w
Property as Public Facility Zone and
Declaring an Emergency.
ORDINANCE NO. 96-059
WHEREAS, the Bend Urban Area General Plan Amendment has APthis
date been amended to reconfigure Bend's Inner Urban Growth Boundary
(IUGB) to bring the County public works facility within the IUGB and
to amend the Text of the Bend Area General Plan and Zoning Ordinances
to allow for such UGB expansion and the designation of the site as a
Public Facility Zone; and
WHEREAS, the justification for said Plan Amendment requires that
the subject property be zoned with a Public Works Zone; and
WHEREAS, the Deschutes County Department of Public Works applied
to amend the Urban Area Zoning ordinance to add such a zone to the
zoning ordinance; and
WHEREAS, a Hearing was held after notice given in accordance
with the law before the Urban Area Planning Commission and the Urban
Area Planning Commission recommended approval of the proposed text
amendments to the Bend Urban Area Zoning Ordinance; and
WHEREAS, the City of Bend was notified as required in the Joint
Urban Area Management Agreement and concurs in this amendment; and
WHEREAS, after a hearing, the Board of County Commissioners has
determined that the proposed amendments are in the public interest
and conform to applicable law, including the Bend Area General Plan
as amended by Ordinances 96-040 and 96-041; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAIN as follows:
Section 1. Adoption of amendment to Bend Urban Area Zoning Map.
Title 19, the Bend Urban Area Zoning Ordinance, as amended, is
further amended to amend the Zoning Ordinance map to apply the Public
Facility Zone to the property described in Exhibit "A" attached
hereto and by this reference incorporated herein and depicted in
Exhibit "B" attached hereto and by this reference incorporated
herein.
Section 2. Findings. The Board of County Commissioners adopts
as its findings in support of this ordinance the recitals set forth
above and the findings attached as Exhibit C to Ordinance 96-040,
incorporated herein by this reference.
";CKOFIL/4 SCEr�
1 - Ordinance 96-059 (July 24, 1996)
JUL 3 � 1996 JU l_ 996
Section 3. Severability. The provisions of this ordinance are
severable. If any section, sentence, clause or phrase of this
ordinance or any line or area on any map 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.
Section 4. Codification. County Legal Counsel shall have the
authority to format the provisions contained herein in a manner that
will integrate them into the County Code consistent with the
Deschutes County Form and Style Manual for Board Documents. Such
codification shall include the authority to make such changes, to
make changes in numbering systems and to make such numbering changes
consistent with interrelated codes sections. In addition, as part of
codification of these ordinances, County Legal Counsel may insert
appropriate legislative history references. Any legislative history
references included herein are not adopted as part of the substance
of this ordinance, but are included for administrative convenience
and as a reference. They may be changed to correct errors and to
conform to proper style without action of the Board of County
Commissioners.
Section 5. Emergency. 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 24th day of July, 1996.
ATTEST:
Recording Secre ary
RD OF COUNTY COMMISSIONERS
DESCHURES CQUNTY, OREGON
NANCY P E PCHLANGENair
BA7/v77-
R, Commissioner
ROBFRT L. NI
PPER, Commystioner
2 - Ordinance 96-059 (July 24, 1996)
EXHIBIT A
A portion of the SW 1/4 of Section 11 and the NW 1/4 of Section 14, Township 18 South, Range 12 East,
Willamette Meridian, lying south of the north 20 foot right-of-way line of Ferguson Road as established in
1908 and the north 20 foot right-of-way line if McGiIvray Road as established in 1910, west of the
westerly right-of-way line of the P.G.T. gas line easement, north of the north property line of the Central
Electric Co-op property as described in Bargain and Sale Deed Volume 337 page 999, and east of the
westerly 40 foot right-of-way line of S.E. 27th street, being more particularly described as follows:
Commencing at the southwest section corner of Section 11, Township 18 South, Range 12 East, Willamette
Meridian, the Point of Beginning; thence along the west section line of said Section 11 N 00°41'32" E
20.00 feet to the north 20 foot right of way line of the 1908 Ferguson road alignment, thence leaving said
section line and along said north right-of-way line S 89°36' 19" E 1325.78 feet; thence along the north 20
foot right-of-way line of the 1910 McGilvray road alignment S 89°36' 19" E 994.55 feet to die westerly
right-of-way line of the P.G.T. gas line easement; thence leaving said north right-of-way line and along
said westerly right-of-way line, S 19°10'21" W 2I.12 feet to the north line of Section 14; thence
continuing along said westerly right-of-way line S l9° 10'21" W 1208.21 feet to the north east corner of
that property conveyed to Central Electric Co-op by Deschutes County in Bargain and Sale Deed Volume
337 page 999; thence leaving said westerly right-of-way line and along the north property line of said
Central Electric Cooperative property N 89°37'46" W 1256.17 feet to the north west property corner of
said Central Electric Cooperative property; thence N 89°37'46" W 88.95' to the Westerly 40 foot right-of-
way line of S.E. 27th Street; thence along said westerly right-of-way line N 25°33'09" W 1089.82 feet;
thence 156.92 feet along the arc of a 1472.39 foot radius curve to the right, the long chord of which bears
N 22029'58" W 156.84 feet to the south 20 foot right -of -line of the 1908 Ferguson road alignment; thence
leaving said westerly right of way line and along said south right-of-way line N 89'36'19" W 41.88 feet to
the west line of Section 14;thence leaving said south right-of-way line and along said section line
N 00048'37" E 20.00 feet to the Point of Beginning. Containing 2,126,599 square feet (48.82 acres) more
or less.
EXHIBIT A