2005-974-Ordinance No. 2005-032 Recorded 8/3/2005REVIEWED
7--�
LEGA'L,COUNSEL
REVIEWED
CODE REVIEW COMMITTEE
DESCHUTES COUNTY OFFICIAL RECORDS
NANCY BLANKENSHIP, COUNTY CLERK U 2005,971
COMMISSIONERS' JOURN L 08/03/2005 04:09:24 PM
11111111 11jIIIIII 1111111111111
2005-11
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC14UTES COUNTY, OREGON
An Ordinance Amending Title 18, the Deschutes
County Zoning Map, to Change the Zone ORDINANCE NO. 2005-032
Designation on Certain Property from Surface
Mining to Multiple Use Agricultural and Declaring
an Emergency.
WHEREAS, Eric Coats, Co -Trustee of the Joyce E. Coats Revocable Trust, has proposed a Zone
Change to Title 18, the Deschutes County Zoning Map, to rezone certain property from Surface Mining (SM), to
Multiple Use Agricultural (MUA- 10) Zone; and
WHEREAS, the subject property is listed as Surface Mining sites No. 305 and 306 on the County's
inventory of mineral and aggregate resource sites, as set forth in Exhibit 11G11 to Ordinance No. 90-025; and
WHEREAS, notice was given and hearing conducted on July 13, 2005, before the Board of County
Commissioners ("Board") in accordance with applicable law; and
WHEREAS, the Board after reviewing all the evidence presented at the public hearing, agrees with the
findings of the Hearings Officer, and
WHEREAS, on this same date, the Board adopted Ordinance 2005-031 amending Title 23 of the
Deschutes County Code by adopting an exception to Goal 3, changing the plan designation of the property from
Surface Mining to Rural Residential Exception Area, and amending the Mineral and Aggregate Resource
Inventory for Deschutes County; and
WHEREAS, the Deschutes County Board of Commissioners, after review conducted in accordance with
applicable law, approved the proposed change to the County Zoning Map; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESC14UTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Title 18, Zoning Map, is hereby amended to change the zone
designation of the subject property, described by the legal description attached as Exhibit "B" to Ordinance
2005-03 1, and depicted on Exhibit "A," and by this reference incorporated herein, from Surface Mining (SM),
to Multiple Use Agricultural (MUA-10) Zone.
Section 2. AMENDMENT. The effect of rezoning the subject property to NWA -10 zone removes 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 near any other property zoned Surface Mining for which the SMIA combining zone designation
is applicable.
PAGE 1 OF 2 - ORDINANCE NO. 2005-032 (08/03/05) Document Reproduces Poorly
(Archived)
Section 3. FINDINGS. The Board adopts as its findings in support of this decision, the Decision of the
Hearings Officer, attached to Ordinance 2005-031 as Exhibit "E," and by this reference incorporated herein.
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 —�� day of A��12005
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TOM DEWOLF, Chair
w6p
Date of 0 Reading: u -` day of 2005.
,d .7��
Date of 2 Reading. day of 2005.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tom DeWolf
Michael M. Daly
Dennis R. Luke
Effective date: ��day of 2005.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2005-032 (08/03/05)
Legend
Subject Property
FP - Flood Plain
SM -Surface Mining
OS&C - Open Space & Conservation
MUA10 - Multiple Use Agricultural
EFUTRB - Exclusive Farm Use Tumalo/Redmond/Bend
Th:= .dQW.GJs
PROPOSED ZONING MAP
File No. ZC-04-02
Exhibit A
to Ordinance 2005-032
N
0 250 500 1,I)DO
r,
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Tom DeWolf, Chair
Michael M. Daly, Commissioner
Dennis R. Luke, Commissioner
ATTEST. Recording Secretary
Dated this _ day ofAugust, 2005
Effective Date: August . 2005