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2009-1250-Ordinance No. 2009-016 Recorded 6/10/2009FICIAL REVIEWED NANCYDESCHUBLANKENSHIPTES COUNTY CLERKDS CJ 100901150 COMMISSIONERS' JOURNAL 06/10/2009 08;27;13 AM LEG COUNSEL 11111!11$1Z0 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 21, the Sisters Urban Area Zoning Ordinance, to Amend the Official Zoning Map by Changing the Zone Designation for Certain Property From Forest Use (F1) to Urban Area Reserve (UAR-10), and Declaring an Emergency. * ORDINANCE NO. 2009-016 WHEREAS, the City of Sisters ("City") applied for a Zone Change to Title 21, the Sisters Urban Area Zoning Ordinance, to amend the Deschutes County Zoning Map, to rezone certain property from Forest Use (Fl) to Urban Area Reserve (UAR-10); and WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on September 30, 2008 before the Deschutes County Hearings Officer and, on December 4, 2008, the Hearings Officer recommended approval of the zone change; and WHEREAS, the Board of County Commissioners ("Board") conducted a duly noticed public hearing on January 26, 2009 and approved the zone change for the subject property on February 23, 2009 subject to the fulfillment of specific conditions prior to rezoning the property as described in the Findings and Decision, attached as Exhibit "C" to Ordinance 2009-015 and incorporated by reference herein, ; and WHEREAS, Condition 1 of Exhibit C requires the County to adopt a Notice of Intent to Rezone in which the County agreed to rezone the subject property from F1 to UAR-10 subject to the City annexing the property, WHEREAS, the intergovernmental agreement signed by the County and the City, Deschutes County Document 2009-212, incorporated by reference herein, satisfies Condition 1 because both a Notice of Intent to Rezone and an intergovernmental agreements are essentially agreements with conditions; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC Title 21, Zoning Map, is amended to change the zone designation from Forest Use (Fl) to Urban Area Reserve (UAR-10) for the certain property described in Exhibit "A," attached to Ordinance 2009-015 and incorporated by reference herein, and depicted on the map set forth as Exhibit "B," attached and incorporated by reference herein. PAGE 1 OF 2 - ORDINANCE NO. 2009-016 (06/1/09) Section 2. FINDINGS. The Board adopts as its findings in support of this decision, the Decision of the Board of County Commissioners, attached as Exhibit "C" to Ordinance 2009-015 and incorporated by reference herein Section 3. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an emergency is declared to exist and this Ordinance takes effect on its passage. Dated this Z* of , 2009 ATTEST: Recording Secretary Date of 1 sc Reading: Date of 2"d Reading: Recori Commissioner Tammy Baney Dennis R. Luke Alan Unger BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAM AN CHAIR(j DENNIS R. LUKE, VICE CHAIR ALAN UNGER, COMMISSIONER / day of , 2009. l day of 2009. 1 of Adoption Vote Yes No Abstained Excused ii- i Effective date: Lday of 2009. ATTEST: d -1/&~ Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. 2009-016 (06/1/09) w :LE A-1, I City I°f HLI L Sisters = - - - - r -Ed Subject Pr-Z- Zone Change from Forest Use 7 (F1)j ~ to Urban Area Reserve (UAR10) Legend Subject Property 15-10-09-00-01002 Sisters Urban Growth Boundary County Zoning EFU Sisters/Cloverdale Subzone (EFUSC) Flood Plain (FP) Forest Use 1 (F1) Rural Residential (RR10) N:ICustomlCountylCDDnanninglWiIIG%ZC08031ProjeetFllesUone Change.mxd PROPOSED ZONING MAP City of Sisters Exhibit "B" to Ordinance 2009-016 `J V 0 250 500 1,000 Feet Apra 28, 2009 BOARD OF COUNTY COMMISSIONER CHUTES COUNTY, OR GON Tammm aney, Chair Den 's . Luke, Vi hair Alan),e}rtBer, Corrymissio&~ ATTEST: Recording S cretary v Dated this day of 2009 09 Effective Date: May, 2009 9"-11~r