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2015-504-Ordinance No. 2015-022 Recorded 12/4/2015 REVIEWED NU OFFICIAL RECORDS v�+ ryY 15. O4 OtO.f\AY ANCYBLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 12/04/2015 01:53:21 PM _ LEGAL,COUNSEI, 111111111111111 — 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. 2015-022 Designation on Certain Property from Exclusive Farm Use(EFU-HR)to Surface Mining(SM), and * establishing a One-Half Mile Surface Mining Impact * Area(SMIA)Combining Zone around the SM Site. * WHEREAS, 4-R Equipment, LLC applied for a Zone Change (file no. ZC-04-6) to the Deschutes County Code ("DCC") Title 18, Zoning Map, to rezone certain property from Exclusive Farm Use Horse Ridge East Subzone(EFU-HR) to Surface Mining(SM); and WHEREAS, the Deschutes County Board of Commissioners (Board), after review conducted in accordance with applicable law, approved the proposed change to the County Zoning Map; and WHEREAS a change to the Deschutes County Zoning Map is necessary to implement the amendment adopted in Ordinance 2015-021; 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, described as tax lots 902, 1000 and 1001 in Section 30 of Township 19 South, Range 15 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 the reference incorporated herein, from Exclusive Farm Use —Horse Ridge East subzone (EFU-HR) to Surface Mining (SM). The area zoned Flood Plain is not being rezoned. Section 2. AMENDMENT. DCC Title 18, Zoning Map is hereby amended to add the Surface Mining Impact Area (SMIA) Combining Zone around the SM Zone shown on Exhibit B, and depicted on the map set forth as Exhibit"C,"and by this reference incorporated herein. Section 3. FINDINGS. The Board adopts as it findings in support of this Ordinance, the Decision of p g 1p " the Board of County Commissioners, attached to Ordinance 2015-021 as Exhibit "F," and incorporated by reference herein. /// PAGE 1 OF 2-ORDINANCE NO.2015-022(11/4/15) Dated this Z ��of /00/: , 2015 BOARD OF COUNTY COMMISSIONERS OF DESCHU'T'ES COUNTY, OREGON ANTI IONY DEBONE, CHAIR CLIC4.‘, AI.,AN UNGER, VICE CHAIR ATTEST: / 7 k (r)-ok,to-t.Recording Secretary TAMMY OFF EY, C MISSIONER Date of isi Reading: /�� day of /UV/' , 2015. Date of 2"d Reading:2"e day of gar: , 2015. Record of Adoption Vote Commissioner Yes No Abstained Excused Anthony DeBone Alan Unger Tammy Baney .� Effective date: f day o ,, / , ,2016. Off— 1�'y ATTEST: 157k,k1: Recording Secretary PAGE 2 OF 2-ORDINANCE NO.2015-022(11/4/15) Property Description 4-R Equipment ILLC EXHIBIT A. All that portion of Section 30, Township Nineteen (19) South, Range Fifteen (15) East of the Willamette Meridian, .Deschutes County Oregon lying southerly of US Highway 20 being more particularly described as follows: Government Lot 2; Government Lot 3; the Southeast One-Quarter of the Northwest One- Quarter (SE1/4 NW1/4); the Northeast One-Quarter of the Southwest One-Quarter (NE1/4 SW1/4); the South One-Half of the Southwest One-Quarter (S1/2 SW1/4) and the Southeast One-Quarter, lying south of US Highway 20. Excepting Therefrom: that portion conveyed to the State of Oregon, by and through its State Highway Commission, March 13, 1940 in Book 58, Page 381, Deed Records. Also Excepting Therefrom: That property in the above described lands located in the Flood Plain Zone per Chapter 18.96, Deschutes County Zoning Ordinance. Subject to: All easements, restrictions and right-of-ways of record and those common and apparent on the land. REGISTERED PROFESS!ONAL -BAND SURVEYOR OREGON JULY 19, 1994 DAVID R. WILLIAMS 2686 L J RENEWAL DATE:06/30/16 S:\Lind Projects\071220-r4 surface mineidocs\sm parceLdocx N N A, \ N :0-01001 HiGtiq);:2o ce 11-%4104404%%40:4 w cc w 19-15-00-00-00902 z 19-15-00-00-01002 w u. w Zone Change From EFUHR(Exclusive Farm Use) to SM (Surface Mining) Flood Plain is not being rezoned Legend PROPOSED ZONE CHANGE COUNTY COM II SIGNERS 4-R Equipment, LLC — any Degene,Chair Q Subject Property �!(q� Exhibit"B" an 7- Vice air / EFUHR- Horse Ridge Subzone to Ordinance 2015 022 �' - Q1, all 6 Tammy Baney,Commir FP - Flood Plain "S•I•- 0 125 250 500 750 1,pp0 ATTEST: Reec__rding Secretary SM -Surface Mining f Feet Dated this Vf/ of o er,2015 November 5,2015 Effective Dffie: / ,2016 i ' I . i ---,„---,<IN `,\ \ _.w lio,v Air • ��e k-- ► i�� �i- - 4' ,i ►.■ �+ii � � ! 'i ! ►! i � ii! � ! . ItA,•■i •-• • i ..: ir ►ei�1:e,���� W 4114 4 r r►�' Zone Change .. i.k ������ ►s�►�► .ir 4, . From EFUHR SM (Surface Mining) Use) •`••-�.r��: � ►�iAi����.- ( g) .►ice � � r Associated AA . . ...Surface Mining Impact Area ������������ ���������‘! •���������������������� Combining Zone���"V 'v'', 'V'V������������, `�i i�i�i�i�i'i�i�i '►�i Legend PROPOSED ZONE CHANGE 6OARDOFCDUNTyCOMMISSIONERS OFf1E UTFr$pC0 T�Y,OREGON Subject Property -R Equipment, LLC 7onyDeBone,Chalr Exhibit"C" Pr 1 SMIA-Surface Mining Impact Area to Ordinance 2015-022 Alan ,e ice Chair EFUHR-Horse Ridge Subzone Ta,,, y Da 'ommis:. er IIIIFP-Flood Plain aoo WO 200 800 2,400 ATTEST: Recording Secretary SM-Surface Mining 1�t Dated this Oday ve ber.2015 November 5,2015 Effective Date: �,2016