1998-58109-Ordinance No. 98-091 Recorded 12/18/1998RE:V11rwFD S TO FORM 4 0 REVIEWED
COD, nRFVI W COMM.
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 18, the Deschutes se DEC 18 AM s= 37
County Zoning Map, Changing the Zone Designation * MARY SUE PE di0LL0W
For Certain Property, and Declaring an Emergency. COUNTY CLERK
ORDINANCE NO. 98-091
WHEREAS, Jim and Linda Wilson and Central Oregon Parks and Recreation District submitted a
request for a quasi-judicial amendment to the Deschutes County Zoning Map to change the zone
designation for certain property from EFU-TRB, Exclusive Farm Use-Tumalo Redmond Bend Subzone,
to RR -10, Rural Residential; and
WHEREAS, adoption of the Rural Residential Zone designation is subject to certain use
restrictions to assure compliance with Goal 3, and these restrictions will be fulfilled by use of a Limited
Use Combining Zone; and
WHEREAS, the Limited Use Combining Zone restricts the use of the subject property for only:
1) public parks, playgrounds, recreation facilities or community centers owned and operated by a
governmental agency or nonprofit community organizations; and 2) recreation -oriented facilities
requiring large acreage such as off-road track or race track, but not including a rodeo grounds; and
WHEREAS, the Deschutes County Hearings Officer, after review conducted in accordance with
applicable law, had recommended denial of a portion of the proposed zone change to RR -10, together
with a Limited Use Combining Zone and has forwarded the denial as a recommendation; and
WHEREAS, after notice was given and hearing conducted according to applicable law, the Board
of County Commissioners has reversed the Hearings Officer's recommendation and adopted a goal
exception and comprehensive plan amendment for the subject property by Ordinance 98-090; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS as follows:
Section 1. AMENDMENT. Title 18, the Deschutes County Zoning Map, is amended to
change the zone designation for the property described in Exhibit `B" to Ordinance 98-090, incorporated
herein by this reference, and shown in Exhibit "A," attached hereto and by this reference incorporated
herein, from EFU-TRB, Exclusive Farm Use - Tumalo Redmond Bend Subzone, to RR -10, Rural
Residential Zone.
Section 2. AMENDMENT. Title 18, the Deschutes County Zoning Map, is amended to add
a LU, Limited Use Combining Zone, designation for the property shown in Exhibit "A," attached hereto
and by this reference incorporated herein and described in Exhibit "B" to Ordinance 98-090, incorporated
herein by this reference,
Section 3. FINDINGS. This ordinance is supported by the Decision of the Deschutes
County Commissioners for File No. PA-98-6/ZC-98-3, attached as Exhibit `B" to Ordinance 98-090 and
incorporated herein by this reference.
tf,EYV199,13 RACROFILMED
DEC
PAGE 1 OF 2 - ORDINANCE NO. 98-091 (12/16/98) DEC ISy
170 - 0741
Section 4. 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 /6 day of LIZ,. '1998.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 98-091 (12/16/98)
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OUGON
NIPPER, Commissioner
, Commissioner
EXHIBIT "A"
ZONING MAP
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EXHIBIT "A" TO ORDINANCE 98-091
Deschutes County Am
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Service Center
DISCLAIMER:
The information on this map was derived from digital databases on Deschutes County's
G.I.S. Care was taken in the creation of this map, but k is provided "as is". Deschutes
County cannot accept any responsibility for errors, omissions, or positional accuracy in
the digital data or the underlying records. There are no warranties, express or implied,
including the warranty of merchantability or fitness for a particular purpose, accompanying
this product. However, notification of any errors will be appreciated.
200 0 200 400 600 Feet
DATE: DECEMBER 15, 1998
FILE: W:AVPROJECTSIHEIDIXORD#
A
0 TAX LOTS
0 RURAL RESIDENTIAL - LIMITED USE
170 - 0743
James L. & Linda A. Wilson E S Lo Le--" o 2)
Tax Lot 15-13-03 #1800
A tract of land located in the SE 1/4 SE 1/4 of
Section 3, T.15 S., R.13 E., W.M., Deschutes County, Oregon,
described as follows:
All that certain tract of land described as
Exhibit "A", in Volume 472, Page 0085, Deschutes County Deed
Records.
TOGETHER WITH the following described tract of land:
Beginning at the Northeast corner of that tract of land
described as Exhibit "A", in Volume 472, Page 0072,
Deschutes County Deed Records; thence S 89048'24" W, along
the North line of said tract, a distance of 170.75 feet;
thence leaving said line S 00°31110" W, 451.66 feet to a
point on the South line of said tract, said point also being
on the centerline of NE Maple Avenue; thence along said line
and centerline the following bearings and distances:
N 86°12157" E, 95.69 feet; thence 75.66 feet along the arc of
a curve, concave to the South, having a radius of 349.43
feet (the long chord of which bears S 87°34'45" E, 75.51
feet) to the Southeast corner of said tract; thence leaving
said line and centerline N 00°30101" E, along the East line
of said tract, 449.11 feet to the point of beginning.
EXCEPTING THEREFROM the following described tract of
land:
Beginning at a point on the West line of the SE 1/4
SE 1/4 of Section 3, T.15 S., R.13 E., W.M., said point also
being the most Southerly and Westerly corner of that tract
of land described as Exhibit "A", in Volume 472, Page 0085,
Deschutes County Deed Records; thence N 00°31'10" E, along
the West line of said tract and SE 1/4 SE 1/4, a distance
150.00 feet; thence leaving said line S 77°54'01" E, 234.78
feet; thence S 00031110" W, 35.00 feet; thence
N 89048'24" E, 259.70 feet; thence S 00031'10" W, 65.01 feet to
a point on the South line of said tract; thence
S 89048124" W, along said line, 489.72 feet to the point of
beginning.
SUBJECT TO:
The rights of the public in and to that portion of the
herein described property lying within the limits of Negus
WAX, NE Maple Avenue and NE Thirteenth Street, as shown on
CS00912, Deschutes County Records.
170 - 0'144
EX 1%2-, 0 P 2)
CENTRAL OREGON PARK AND RECREATION DISTRICT
Tax Lot 15-13-00 # 123
The Southwest One -Quarter of the Southwest One -Quarter of
Section 2, Township 15 South, Range 13 East of the Willamette
Meridian, Deschutes County, Oregon.
Subject to: The right of way of Negus Dump Road along the
Southerly Line.