1999-1057-Ordinance No. 99-024 Recorded 11/17/1999VOL: CJ1999 PAGE: 1057
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*CJ1999-1057 *Vol -Page Printed: 11/17/1999 16:19:36
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
Nov. 17,1999; 10:57 a.m.
Ordinance (CJ)
NUMBER OF PAGES: 3
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
4CEY UN HED
N 0 'IEP
`11999
REVIEWED AS TO FORM
CODE REVIEW COMM.
REVIEWED
�
I. COUNREL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCWff6V f(?UW-@ GON
An Ordinance Amending Title 18, Deschutes County * MARY SUE PENHOLLOW
Zoning Map, Correcting a Map Error in Surface * COUNTY CLERK
Mining Site No. 370, and Declaring an .Emergency. * 1507 Of - /45
7
ORDINANCE NO. 99-024
WHEREAS, Deschutes County has adopted a surface mining package by ordinances 90-025, 90-
028, 90-14 and 90-029 that inventories mineral resources, resolves conflicts identified between mineral
resources and other significant resources and uses based upon economic, social environmental and
energy (ESEE) consequences, and designates individual sites for surface mining based upon that ESEE
analysis; and
WHEREAS, pursuant to the ESEE process the County zoned site no. 370 as Surface Mining on
the Deschutes County zoning map; and
WHEREAS, the record for site no. 370, including the ESEE analysis and correspondence from
the property owner, establishes that tax lots #2301, 2302 and 2600 ("subject property") were part of the
mining operations conducted at this site by Bend Aggregate & Paving when the surface mining package
was adopted in 1990; and
WHEREAS, the subject property continues to be used for activities associated with the mining
operations conducted at this site, including a shop building, storage shed, office, pit area and equipment
parking; and
WHEREAS, the exclusion of the subject property from site no. 370 was an inadvertent omission,
as it had been the property owner's desire and the County's intent in 1990 to include the subject property
as part of the area designated Surface Mining for this site; and
WHERAS, due to this oversight the subject property was included in the Tumalo Rural
Community pursuant to the unincorporated community planning project completed by Deschutes County
in 1997; and
WHEREAS, the subject property is zoned incorrectly as Tumalo Residential, as shown on
Exhibit "A" to ordinance no. 97-034, and as Surface Mining Impact Area (SMIA combining zone); and
WHEREAS, by ordinance no. 99-023 Deschutes County has amended the comprehensive plan
designation for the subject property to Surface Mining and revised the boundary of the Tumalo Rural
Community to exclude the subject property; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. MAP AMENDMENT. Title 18, Deschutes County Zoning Map, is amended to
change the zone designation for tax lots #2301, 2302 and 2600 in Township 16 North, Range 12 East,
Willamette Meridian ("subject property"), as shown on Exhibit "A," attached hereto and incorporated
herein by this reference, from Tumalo Residential to Surface Mining.
Page 1 of 2 - ORDINANCE No. 99-024 (11/10/99)
Section 2. EFFECT OF MAP AMENDMENT. The effect of rezoning the subject property
to Surface Mining will be to add the Landscape Management combining zone classification and remove
the Surface Mining Impact Area combining zone designation for the subject property. In addition, the
subject property will no longer be shown as part of the Tumalo Rural Community on zoning maps
depicting the boundary of this unincorporated community.
Section 3. FINDINGS. The Board of County Commissioners adopts the Decision of
Deschutes County Board of County Commissioners, attached as Exhibit `B" to Ordinance 99-023 and
incorporated herein by this reference, in support of the Board's decision in Sections 1 and 2 above to
amend the zoning map.
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 thisA-�day of gepte ter, 1999.
ATTEST:
Recording Secretary
Page 2 of 2 - ORDINANCE No. 99-024 (11/10/99)
BOARD OF COUNTY COMMISSIONERS OF
DESCHU ES COUNTY, OREGON
L4 A �LSWEAIMGW, Chair
EXHIBIT "A"
( I r7 ZONING MAP
SURFACE MINE
SITE 371
LEGEND
Q TUMALO RURAL COMMUNITY BOUNDARY
/ FORMER TUMALO COMM. BOUNDARY
o2301 TAXLOT NUMBER
AREA TO BE INCLUDED IN SURFACE MINE
ZONES
EFU TUMALO-REDMOND-BEND
FLOOD PLAIN
MULTIPLE USE AGRICULTURAL
RESEARCH 3 DEVELOPMENT
SURFACE MINING
TUMALO COMMERCIAL
TUMALO RESIDENTIAL
TUMALO RESIDENTIAL - 5 ACRES
FORMER
BOUNDARY
Exhibit 'W to Ordinance No. 99-024 (11/10/99)
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