2008-90-Ordinance No. 2008-006 Recorded 2/21/2008REVIEWED
LEGAL COUNSEL
DESCHUTES COUNTY OFFICIAL RECORDS ~~~~~~0
NANCY BLANKENSHIP, COUNTY CLERK CJ VJ
COMMISSIONERS' JOURNAL Al/V/2QA$ 09,71'70 AM
I~YIII6IVY
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 18, the Deschutes
County Zoning Map, to Change the Zone
Designation on Certain Property from Surface
Mining (SM) to Rural Residential (RR-10).
* ORDINANCE NO. 2008-006
WHEREAS, Harris C and Nancy Kimble and CLR, Inc. have proposed a zone change to Title 18,
Deschutes County Zoning Map, to rezone certain property from Exclusive Farm Use (EFU) and Surface Mining
(SM)_to Rural Residential (RR-10) Zone; and
WHEREAS, notice was given and hearing conducted on January 7, 2008, 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 2008-001 amending Title 23 of the
Deschutes County Code by adopting an exception to Goal 3, changing the plan designation of the property from
Agricultural to Rural Residential Exception Area; 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 DESCHUTES 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, as described by the legal description attached as Exhibit "B" to Ordinance 2008-001 and
depicted on the map set forth as Exhibit "C" to Ordinance 2008-001, and by this reference incorporated herein,
from SURFACE MINING (SM), RURAL RESIDENTIAL (RR-10) Zone.
Section 2. AMENDMENT. The effect of rezoning the subject property to RR-10 zoning, together with the
concurrent rezoning of the rest of Surface Mine Site 294 is to remove the Surface Mining Impact Area (SMIA)
combining zone classification created to protect Surface Mine Site 294 from any parcel, or portion thereof,
located within one-half mile of the subject property described in Section 1 above without affecting other SMIA
combining zones in the area.
PAGE 1 OF 2 - ORDINANCE NO. 2008-006 (2/6/08)
Section 3. FINDINGS. The Board adopt as its findings in support of this decision, the Decision of the
Board of County Commissioners, attached as Exhibit "E" to Ordinance 2008-001 and by this reference incorporated
herein.
Dated this t0 of , 2008
ATTEST:
hk"~t~ 1LP/l
Recording Secretary
Date of I" Reading:
Date of 2nd Reading:
Z j-, day of , 2008.
day of 2008.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Michael M. Daly v
Dennis R. Luke ✓
Tammy Baney
Effective date: day of , 2008.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
D IS R. LUKE,-CH-Alk
C~1"Vz q.EYN--"
TAMMY (BANEY) MELTON, VICE CHAIR
, 4 oe 44~
I AEL M. ALY OMMISSIONER
PAGE 2 OF 2 - ORDINANCE NO. 2008-006 (2/6/08)