2003-795-Ordinance No. 2003-020 Recorded 4/28/2003REVIEWED
A
LEGAL OUNSEL
REVIEWED
CODE OMMITTEE
DESCHUTES COUNTY OFFICIAL RECORDS CJ 2nn3,7eig
NANCY BLANKENSHIP, COUNTY CLERK Y{I r1
COMMISSIONERS' JOURNAL 04/28/2003 05;00;17 PM
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For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 18, the Deschutes
County Zoning Map, to Change the Zone * ORDINANCE NO. 2003-020
Designation on Certain Property from Surface
Mining to Exclusive Farm Use, and Declaring an
Emergency.
WHEREAS, Cascade Pumice, Inc. and Tumalo Irrigation District have proposed a Zone Change to Title
18, the Deschutes County Zoning Map, to rezone certain property from SM, Surface Mining, to EFU, Exclusive
Farm Use zone; and
WHEREAS, the Deschutes County Hearings Officer, after review conducted in accordance with
applicable law, approved the proposed change to the County Zoning Map; and
WHEREAS, after notice was given and hearing conducted on April 23, 2003, before the Board of
County Commissioners in accordance with applicable law, and after reviewing all the evidence presented at the
public hearing, the Board agrees with the findings of the Hearings Officer; and
WHEREAS, the Board approved Ordinance 2003-019 amending the Deschutes County Comprehensive
Plan, deleting the requested property from the County's inventory of significant mineral and aggregate
resources, thus necessitating a zoning map change; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. Pursuant to Chapter 18.12 of the Deschutes County Code, the Deschutes
County Zoning Map is hereby amended to change the zone designation of the subject properties, described as
tax lots 2000 and 2100 in Section 35 of Township 16 South, Range 11 East, Willamette Meridian, and as further
described by the legal description attached hereto as Exhibit "A" and the map set forth as Exhibit "B," and by
this reference incorporated herein, from Surface Mining (SM) to Exclusive Farm Use — Tumalo/Redmond/Bend
subzone (EFU-TRB).
Section 2. AMENDMENT. The effect of rezoning the subject properties to Exclusive Farm Use
(EFU) will be to remove the Surface Mining Impact Area (SMIA) combining zone classification for any parcel
(or portion thereof) located within one-half mile of the subject property described in Section 1 above, except for
any parcel (or portion thereof) located within one-half mile of any other property zoned Surface Mining for
which the SMIA combining zone designation is still applicable.
Section 3. FINDINGS. The Board adopts as its findings in support of this decision, the Decision of the
Deschutes County Hearings Officer, attached to Ordinance 2003-019 as Exhibit "B," and by this reference
incorporated herein.
PAGE 1 OF 2 - ORDINANCE NO. 2003-020 (04/23/03)
Section 4. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declated to exist, and this Ordinance takes effect on its passage.
DATED this 23`d day of April, 2003
Record of Adoption Vote
Commissioner Yes No
Tom DeWolf 1/ _
Dennis R. Luke ✓ _
Michael M. Daly
ATTEST:
Recording Secretary
Abstained nxuuseu
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PAGE 2 OF 2 - ORDINANCE NO. 2003-020 (04/23/03)
EXHIBIT "A"
Surface Mining Site Nos. 355 and 356 on the County's Mineral and Aggregate Inventory
The Southeast Quarter of Section 35, in Township 16 South, Range 11 East of the
Willamette Meridian, Deschutes County, Oregon.
Site No. 355 - 40 acres
Site No. 356 - 120 acres
Exhibit "A" to Ordinance 2003-020 (04/23/03)