1997-11933-Ordinance No. 97-027 Recorded 4/3/19970156`2559 REVIEWED
9'7-11933
LEG COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTfi9(A0,'WJ7YA �2N
An Ordinance Amending the Map of* , T 1t 4 O1 t O Fr
Title 19, the Bend Urban Area Zoning
* 0R ft
Ordinance, as Amended, to Zone Certain
Property as RS, Urban Standard Residential,
and Declaring an Emergency.
ORDINANCE NO.97-027
WHEREAS, the Bend Urban Area General Plan Map has on this date been amended to change
the planning designation on certain property from Residential, 20,000 square feet minimum land area per
dwelling unit to Residential, 6,000 square feet minimum land area per dwelling unit; and
WHEREAS, the justification for the Plan Amendment requires that the subject property be zoned
with an Urban Standard Residential Zone; and
WHEREAS, a hearing was held on February 18, 1997, after notice given in accordance with law,
before the County Hearings Officer;
WHEREAS, the Hearings Officer recommended approval of 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. Adoption of Amendment to Bend Urban Area Zoning Map. Title 19 of the Deschutes
County Code, the Bend Urban Growth Boundary Zoning Ordinance, as amended, is further amended to
change the zone designation for the property described in Exhibit "A", and as depicted on Exhibit `B",
attached hereto and by this reference incorporated herein from RL, Urban Low Density Residential to RS,
Urban Standard Residential.
Section 2. Findings. The Board adopts as its findings and decision the Decision of the Deschutes
County Hearings Officer dated March 17, 1997, relating to Zone Change Application ZC-97-1, attached
as Exhibit C to Ordinance 97-026 hereto and by this reference incorporated herein.
Section 3. Severability. The provisions of this ordinance are severable. If any section, sentence,
clause or phrase of the ordinance or any line or area on an 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.
PAGE 1 - ORDINANCE NO. 97-027 Kff) HED
c w J - 1997
0156-2560
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 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. 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 2nd day of April, 1997.
ATTEST:
Recording Secretary
PAGE 2 - ORDINANCE NO. 97-027
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COhJNTY, OREGON
N
CHLANGEN,
RO ERT L. NIPPER, Commiss'o er
DAL. SWEARINGEN, Commissioner
FyHj B1 T ,4 0156-2561
IM TOWNSI.1p ELCII'rEEN (16) ;oml, RANG9 TtIELVE (12) EAST OF THE WMI.ANETTE
MPl11olAN, Deachutd2 County, Oregon,
Section Seventeen (11): Beginning at cite Southeast corner of said SectLon and
running thence North 30 feet to the East right-uf-way of the new (1926)
location of the Dallas -California Highway, thence Norciteascatly 3315 feet mora
or lest along the East right-cf-way llan of said highway, to the North
boundary of the Stpchen Canal, thence East 860 feet to the West right-of-way;
line of the old 1916 Dalles-Calltornta Highway, thence Southweatarly along the".:
West boundary of said old (1916) Illghwoy 3400 feet mora or less to the South ..;,
line of said Section 11, thence Weac 240 feet more or less an said South line ...
to Nainc of beginning. EXC£pT a strip of land described at follows' Beginning',:,
at a point 100 feet southerly from the Northwest corner of Said tract on Clio
Easterly line of the Dalles-CalLfornLa Iilghway (1926) location, thence
Eastarly at right angled u dIxtance of Sn fuvt, :hence Southwesterly parallel;"
to said Ilighwa_ a distance at 200 fact, chance tawtarly at right angles a
distance of SO feet, thence Southwesterly in a straight line parallel to said+
Iltghway to the Southerly lint ^i Laid thdr..a fleet to the Bouchwesterly
Corner of said tract, thence Nox:heascerly along the Easterly line of said
Dallas-Califocnia Highway right-= f-uay to the point of beginning of this
axtepced tract; EXCEPT a tract of land lying in the Vest Half of Southwest
Qdartsr (W 1/2 SW L/4) of said Section 17 and described as followst Beginning...
at a point on the South line of said Section 17 sough 89' 17' 18" East 108.6
teat from the corner of Section 17-18-19-20 and running thence Norch 26'
East 1954.7 feett thence South 63' 06' East 297 fact in the hest Lina of the
Old Dallas -California Highways thence South 20' 421 40" 'last 51.68 feet;
chance on a curve to the left of 1462.5 feet radius the central angle being 4'`
47' 13" for a distance as 122.19 feet= thence South 1S' $50 23" Nest 378.34,
feet) thence on a curve to the right c -f 925 feet radius the central angle
being 19' 43' 45" for a dtatance of 318.49 feet; thence South 3S' 30' 10" West .
484.35 Ease; thence an a eurvu to the eight of 1402.S foot radius the central
angle being 100 00' 1511 for a distance of 244.86 feetl thence South 45' 39'- .
25" lits' 316.7 feet to a point on the South line at Section 171 thence Norch;"'';
89' ' 18" Vast 183.1 feet to the point of beginning; ALSO EXCEPT a small :. ;.;``
atescent shaped tract of land for road purposes in the Northeast Quarter of
the #southwest Quarter (NE 1/4 611 114) of said section 17 and being i portion
of that property deseeibed in the dead to BudrLek and Opal M. llaviLns, husband
and vita, recorded in Back 87, page 550 of the Daschutas County Records oE..�:.
Deeds= the 'aid tract being t11at portion of the said property described as
fellewat 1ojLnning at a point on the Vest right of way line of the Parrall
Read which point an 2920.10 feat South and 623.85 foot Watt of the North
Quarter corner of Said $action 17 ane' running thence on 4 10.S38' curve to tha
right on a radius of 543.69 feat for 388.83 feat and the long chord of which .
bears Soutlt 43' 48' 25" West for 380.30 Poet and whuau central angle is 406'"
36' 30"; thence North 64. 16' 40" East for 80.21 feet; thence on a 17.463'
curve to Sha loft on a radius of 328.10 fust for 234.64 fuut, tiro central
angle of which It 40' S6' 30"; thence North 23' 20' 10" taut for 80.21 feet to
the point of beginning; AND ALSO Exam a parcel of land !ri'ng to the Llesc
Balt (V 1/2) of said Section 17 and batng a portion of that proparcy described
in that deed cc Sadrick Havtlna and Opal M. Havtina, recorded In Boole 87, Foga
S50 of Deschutes County Record of Dedds; the said parcel being that portion of
said property included Lh a scrip of land 50 feat Ln uldth, lying an the
Easterly side of the center line of The Dallas -California Highway as said
highway has been relocated, which center line is described as follows:
Beginning at Cnginear's center line Station 90+00, said Station being 4101.94
feat North and 1741.81 feet East of the Southwest corner of said Section 17;
thence South 11' 19' 42" Vest, 1300.03 fust; thence an a 2864.79 foot radius
curve right '(the long chord of which bears Souch 22' 27' 22" Wast) 512.78
feet; chance South 27' 35' 02" Hest, 3081.19 feet to Engineer's Cancer line
Station 139+00 (Bearings used herain are based upon the Oregon Coordinate
System, South Zane.)
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