1997-08880-Ordinance No. 97-019 Recorded 3/14/1997I R'L"'HE, i o
97—OSSSO
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTWTh ! 1 • ON
An Ordinance Amending Title 19 of the Deschutes
County Code, the Bend. Urban Growth Boundary
Zoning Ordinance, As Amended, to Change the * 0156-240
Zoning of Certain Property, and Declaring
an Emergency.
ORDINANCE NO. 97-019
WHEREAS, Scott Oakley has requested that certain property, identified herein be rezoned from
RL to CC;
WHEREAS, a hearing was held, after notice given in accordance with law, before the County
Hearings Officer;
WHEREAS, the Hearings Officer approved the proposed zone change;
WHEREAS, the decision of the Hearings Officer has not been appealed; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Amendment. Title 19 of the Deschutes County Code, the Bend Urban Growth
Boundary Zoning Ordinance, as amended, is further amended to change the zoning map designation of the
property described on the attached Exhibit A, and as depicted on Exhibit B, attached hereto and by this
reference incorporated herein, from RL, Urban Low Density Residential to CC, Convenience
Commercial.
Section 2. Findings. To adopt as its decision and findings the Findings and Decision of the
County Hearings Officer dated January 14, 1997, relating to Zone Change Application ZC-96-8, attached
to Ordinance 97-018 and incorporated herein by reference.
Section 3. Severability. The provisions of this ordinance are severable. If any section,
sentence, clause or phrase of this ordinance 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
;,... ,_ _.
PAGE 1 - ORDINANCE NO. 97-019 (03/12/97) u
KEYrUN F.D
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0156-22413
authority to make such changes, to make changes in numbering systems and to make such numbering
changes consistent with interrelated code sections. In addition, as part of codification of these ordinances,
County Legal Counsel may insert appropriate legislative history reference. 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. Repeal of Ordinances as Affecting Existing Liabilities. The repeal, express or
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 or that may hereafter be 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 6. 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 /a2 day of , 1997.
ATTEST:
ecording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PAGE 2 - ORDINANCE NO. 97-019 (03/12/97)
A L. SWEARIN N, Commissioner
r
X 0156-2242
242
LEGAL DESCRIPTION
ZONE: CC
A parcel of land located in Parcel 2, MP -95-41, Partition Plat No.
1996-14, in the Northwest one-quarter of Section 22, Township 17
South, Range 12 East of the Willamette Meridian, Deschutes Country,
Oregon, being more particulary described as follow:;:
Beginning at the North one -sixteenth corner of said
section 22, thence
North 00°04'51" West ,along the
westerly line of said
section 22 40.00 feet to a point on
the northerly right of way of Empire Avenue; thence North
89'48'21" East along
said northerly right of way 150.02
feet to the TRUE POINT OF BEGINNING; thence North
89`48'21" East along
said northerly right of way 517.21
feet to the Westerly
right of way of 18th Street:; thence
North 00'04'30" West
along said westerly right of way
242.18 feet; thence
along said westerly right of way
104.31 feet along the arc of a 840.00 foot radius curve
right, the chord of
which bears North 03`2E.'57" East
104.25 feet; thence
leaving said westerly right of way
South 89`48'21" West
524.39 feet; thence South 00`11'39"
East 346.21 feet to
the TRUE POINT OF BEGINNING.
Excepting therefrom the Southerly 10.00 feet of the above
described tract for future road dedication.
Containing 4.00 acres, more or less.
1
16 11 15
21 22
Exh� 6j+ B
S89'51'24'W
80�._
PARCEL 1
18.24 GROSS ACRES
18.20 NET ACRES
0156-2243
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? k�
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e° 0
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wPARCEL 3
7.68 GROSS ACRES
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2ry0
524.39' 3 O ,;� w _
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PARCEL 2 o
4.12 GROSS ACRES o 00 4 I
4.00 NET ACRES Z z O
00 00 a, V
cn
10' ROAD DEDICATION n � { `° N
N N N !7
10.00' n �" 10.00
10.00' N N {
517.23' R= t 200 ' 3044. 9.60'
a
517.21' I R -119()-_z.2692 — — 4
g — _ — N89'48'21�E — — — — — — — 5
_ — _ 36.84'
—
{ N 1 /16TH CORNER EMPIRE AVENUE
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PROPERTV
�- W 1/4 CORNER
GRAPHIC SCALE
200 0 100 200 4W
IN F'EE'S' )
1 inch = 200 ft
