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2010-2943-Ordinance No. 2010-031 Recorded 11/29/2010REVIEWED LEGAL COUNSEL DESCHUTES COUNTY OFFICIAL NANCY BLANKENSHIP, COUNTY COMMISSIONERS' JOURNAL II II II' IIII IIIII Hill III s -zv RECORDS CJ 201002943 11/29/1010 10;09;33 AM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code 18.100.090 and Title 18, the Deschutes County Zoning Map, to Change the Zone Designation for Certain Property From Exclusive Farm Use to Rural Residential with a Limited Use Combing Zone To Allowing the Storage, Crushing, Processing, Sale and Distribution of Minerals. * ORDINANCE NO. 2010-031 * WHEREAS, 4-R Equipment, LLC applied for a Deschutes County Comprehensive Plan and Plan Map amendment and a Deschutes County Code ("DCC") zoning Code Zoning Map amendment to rezone certain property from Exclusive Farm Use (EFU) to Rural Industrial (RI) with a new Limited Use Combining Zone (LU); and WHEREAS, after notice was give in accordance with applicable law, public hearings were held on May 11, 2010 and June 8, 2010 before the Deschutes County Hearings Officer and, on July 23, 2010 the Hearings Officer recommended approval of the zone change; and WHEREAS, the Board of County Commissioners considered this matter after a duly noticed public hearing on October 4, 2010 and concluded that the proposed changes are consistent with the County's Comprehensive Plan and that the public will benefit from changes to the land use regulations; and WHEREAS, on this same date, the Board of County Commissioners (`Board") adopted Ordinance 2010-030 amending DCC Title 23, changing the plan designation of the property from Agriculture (AG) to Rural Industrial (RI); and WHEREAS, a change to the Deschutes County zoning code and Zoning Map is necessary to implement the amendment adopted in Ordinance; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDING. DCC 18.100.090, Limited Use Combining Zone - Deschutes Junction, as described in Exhibit "A," attached and incorporated by reference herein with new language underlined and deleted language set forth in strip, for the property described in Exhibit "D" attached to Ordinance 2010-030 and incorporated by reference herein and depicted on the map set forth as Exhibit `B', attached and incorporated by reference herein. Section 2. AMENDMENT. DCC Title 18, Zoning Map, is amended to change the zone designation from Exclusive Farm Use (EFU) to Rural Industrial (RI) with a new Limited Use Combining Zone (LU) for certain property described in Exhibit "D" attached to Ordinance 2010-030 and incorporated by reference herein and depicted on the map set forth as Exhibit "B", and incorporated by reference herein. PAGE 1 OF 2 - ORDINANCE NO. 2010-031 Section 3. FINDINGS. The Board adopts as its findings in support of this decision, Exhibit "F", attached to Ordinance 2009-030 and incorporated by reference herein. Dated this 21p of &Oi~Q~.2010 ATTEST: / JNwt Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESC ES COUNTY, OREGON DENNIS R. LUKE, Chair ALAN UNGER, Vice Chair - 4/~v TAM BA , Commis oner Date of 1" Reading: 1 U day of n 1 ,2010. Date of 2°d ReadinaZZ 0j day of ~JVV - , 2010. Record of Adoption Vote: Commissioner Yes No Abstained Excused Dennis R. Luke Alan Unger ✓ Tammy Baney Effective date: -~ay of i - , -2M. PAGE 2 OF 2 - ORDINANCE NO. 2010-031 18.100.090 Limited Use Combining Zone - Deschutes Junction A. For the property at Deschutes Junction that is described in Exhibit "C" and identified on Exhibit "D", attached to Ordinance 2009-007 and incorporated by reference herein, the storage, crushing, processing, sale and distribution of minerals and their accessory uses are permitted outright and do not require site plan review. B. For the property at Deschutes Junction that is described in Exhibit "D" identified on Exhibit "E", attached to Ordinance 2010-030 and incorporated by reference herein, the storage, crushing, processing, sale and distribution of minerals are subject to conditional use and site plan approval. (Ord. 2010-031 §1, 2010; Ord. 2009-008 §2,2009) (Zoning Map amended by Ord. 2010-031 §2, 2010, Ord. 2009-008 §2, 2009; Ord. 95-016 § 1, 1995; Ord. 94- 011 §l, 1994) Chapter 18.100 (10/2010) Page 1 of 1 - Exhibit A to Ordinance 2010-031 EFUTRB WA10 Zone Change From EFUTRB to RI with Limited Use Combining Zone (LU) RC TUMnto K d' SRO 0 C3 r s EFUTRB h RI Zone Change From EFUTRB to RI with Limited Use Combining Zone (LU) N~ R_ I'/. LU s~ EFUAL n° OS&C Legend PROPOSED ZONING MAP BOARD 4fUTEST XM, OREGON Subject Property OF OE FLUTES COUNTY, OREGON County Zoning 4-R Equipment, LLC & Jack Robinson and Sons, Inc. enni .Luke, Chair EFUAL -Alfal/a Subzone EFUTRB - TumalotRadmondiBend Subzone Exhibit "B" to Ordinance 2010-031 Alan Unger, Vice Chair MUA70 -Multiple Use Agricultural OS&C - Open Space & Conservation ^ 1/VlAlf.\J Tam Baney, Commissio RI- Rural Industrial RC - Rural Commercial ATTEST Recording Secrete 0 125 Existing Limited Use Combining Zone 250 500 750 ; J Feat ® New Limited Use Combining Zone September 28, 2010 Effective is ~Date: to oF6e4eber, 2010