1996-44652-Ordinance No. 96-078 Recorded 12/5/1996REVIEWED
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? LEGAL COUNSEL
95 DEC -5 P14 2:39
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
V t'i1'i -" "HOLL0�'_
An Ordinance Amending Title 18, the Deschutes * CC! " (l r LFR rK
County Zoning Map, Changing the Zone Designation
from EFU to SM on Certain Property in Deschutes
County, and Declaring an Emergency.
ORDINANCE NO. 96-078
WHEREAS, the 205 acres in tax lot 700 in Sections 4 and 9 of Township 19 South, Range 14 East,
Willamette Meridian (the subject site), is zoned as Exclusive Farm Use, Horse Ridge Subzone, EFU-HR, under
the County's Zoning Ordinance; and
WHEREAS, Ron Robinson, Sr. 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 subject site adjoins a 40 -acre parcel identified as tax lot 600 in Section 4 of Township
19 South, Range 14 East, Willamette Meridian, listed as Site No. 405 on the County's inventory of mineral and
aggregate resource sites and a 120 acre parcel identified as tax lot 500 in Section 4 of Township 19 South,
Range 14 East, Willamette Meridian, listed as Site No. 496 on the County's inventory of mineral and aggregate
resource sites; 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 December 4, 1996 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 site, described as approximately
182 acres of tax lot 700 in Sections 4 and 9 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.
Section 3. Findings in support of its decision. The Board adopts the Decision of Hearings Officer,
attached as Exhibit B to Ordinance 96-078 and incorporated herein by reference, and the Conflict Analysis and
ESEE Findings and Decision for the subject surface mining site, attached as Exhibit A to Ordinance 96-077.
Ordinance No. 96-078
Page 1
KPU SHED
t/:;CROFUAED 1996
L_ C 1. 1
0156-0522
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. Emergency Clause. 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 -eZ It- day of December, 1996.
ATTEST:
OF COUNTY COMMISSIONERS OF
LIGHTER,
R c rd' g Secretary R --'ERT ERT L. NIPPER,
Ordinance No. 96-078
Page 2
, Chair
1*t
015'-Q15 .2)
EXHIBIT A
The Southwest Quarter of the Southeast Quarter (SW 1/ SE '/a) of Section Four (4),
Township Nineteen (19) South, Range Fourteen (14) East of the Willamette Meridian,
Deschutes County, Oregon, Lying South of the Highway; and
The Southeast Quarter of the Southwest Quarter (SE 1/ SE 1/a) of Section Four (4),
Township Nineteen (19) South, Range Fourteen (14) East of the Willamette Meridian,
Deschutes County, Oregon, EXCEPTING THEREFROM that portion owned by the
State Highway Commission; and
The North Half of the North Half (N 1/2 N 1/a) of Section Nine (9), Township Nineteen
(19) South, Range Fourteen (14) East of the Willamette Meridian, Deschutes County,
Oregon.
EXCEPTING THEREFROM that portion of the Northwest Quarter of the Northwest
Quarter (NW 1/ NW 1/a) of Section Nine (9), Township Nineteen (19) South, Range
Fourteen (14) East of the Willamette Meridian, Deschutes County, Oregon, lying
above an elevation of Three -Thousand Eight -Hundred (3,800) feet above mean sea
level, as illustrated on Exhibit B.
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