2016-8-Ordinance No. 2016-002 Recorded 1/19/2016 COUNTY OFFICIAL
REVIEWED NANCY UBLANKENSHIP, COUNTY CLERK
CJ 201668
116'01/ COMMISSIONERS' JOURNAL 01/19/2016 08:11:34 AM
LEGAL COUNSEL VIII IIIIIIIIIIIIIIII III
201 -8
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code *
Title 18, the Deschutes County Zoning Map,to * ORDINANCE NO. 2016-002
Change the Zone Designation on Certain Property
from Exclusive Farm Use(EFU-TRB)to Rural
Industrial (R-I).
WHEREAS,Anthony Aceti applied for a Zone Change to the Deschutes County Code ("DCC) Title 18,
Zoning Map, to rezone certain property from Exclusive Farm Use — Tumalo/Redmond/Bend Subzone ("EFU-
TRB")to Rural Industrial("R-I"); and
WHEREAS, after notice was given in accordance with applicable law, public hearings were held on
June 16, 2015 and July 14, 2015 before the Deschutes County Hearings Officer, and on October 1, 2015 the
Hearings Officer recommended approval of the exception to Goal 14, a Plan Amendment, and a Zone Change;
and
WHEREAS, after notice was given in accordance with applicable law, a de novo public hearing was
held on November 23, 2015 before the Board of County Commissioners("Board") ; and
WHEREAS, on this same date, the Board adopted Ordinance 2016-001, adopting a goal exception to
Statewide Planning Goal 14 and amending DCC Title 23, the County Comprehensive Plan, changing the plan
designation of the property from Agriculture to Rural Industrial; and
WHEREAS a change to the Deschutes County Zoning Map is necessary to implement the amendment
adopted in Ordinance 2016-001; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Title 18, Zoning Map, is amended to change the zone designation
from Exclusive Farm Use ("EFU")to Rural Industrial ("R-I")for certain property depicted on the map set forth
as Exhibit "A," attached and incorporated by reference herein, and described in Exhibit "B," incorporated by
reference herein.
Section 2. FINDINGS. The Board adopts as it findings in support of this Ordinance, the Decision of
the County Hearings Officer, attached to Ordinance 2016-001 as Exhibit "F," and incorporated by reference
herein.
///
PAGE 1 OF 2-ORDINANCE NO.2016-002
Dated this (ti of ,2016 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALA„..., 'LTA--
ALAN UNGER, CHAIR
■
TAMMY BANEY VIC HAIR
ATTEST:
1 (64AA.L.t: (831/QA atto.41,
1
Recording Secretary ANTHONY DEBONE, COMMISSIONER
ni
Date of 1st Reading: G/ �,% day of OM- , ,201 15,
Date of 2nd Reading: L6 day of , 2016.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Alan Unger
Tammy Baney ✓
Anthony DeBone ,/
Effective date: day of 2016.
ATTEST:
(Plint&t. (SZLIZI/L-■
Recording Secretary
PAGE 2 OF 2-ORDINANCE NO.2016-002
MUA10
EFUTRB
RC
esu .� t�e t�
Zone Change from
EFUTRB (Exclusive Farm Use)
TO RI (Rural Industrial)
RI
EFUTRB
RI/LU —J
Legend PROPOSED ZONE CHANGE
BOARD OF COUNTY COMMISSIONERS
Anthony J.ACetl
OF OESCI-JTES COUNT"OREGON
i y
Subject Property 21235 Tumalo Place, Bend
Exhibit
EFUTRB-Tumalo/Redmond/Bend Subzone
to Ordinance 2016-002 ,a 'gar ' y.
MUA10- Multiple Use Agricultural
RI-Rural Industrial - ATTEST R �a snaaon-
RC- Rural Commercial Dei eo 63aav or�a��aw.�b
�� 3, a. -. Eeanlre Dana: _ eoia
LEGAL DESCRIPTIONS
TAX LOTS 16-12-26-C-00201 & 16-12-27-0-00104
A parcel of land located in the Southwest one-quarter of Section 26 and the Southeast one-quarter of
Section 27, Township 16 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon,
more fully described as follows:
TAX LOTS 16-12-26-C-00201:
Commencing at a brass disk at the 1/4 corner between said Sections 26 and 27; thence along the east-west
centerline of said Section 27,North 89°49'46"West 20.00 feet; thence leaving said east-west centerline,
South 00°03'15"East,parallel to and 20 feet westerly of the line common to said Sections 26 and 27,
40.35 feet to a point on the southerly line of the 15:00 foot dedication to the southerly 30.00 foot right-of;
way of Tumalo Road per Deed No. 98-29504, and the Point of Beginning for this description; thence
along said 15-foot dedication line, 67.90 feet along the arc of a 12818.89 foot radius curve right(the long
chord of which bears South 89°35'07"East 67.90 feet); thence South 89°26'01" East 997.75 feet to the
westerly right-of-way of the Dalles-California Highway per Deed recorded March 22, 1991, in Book 231,
Page 81, Deschutes County Records; thence leaving said 15-foot dedication line and along said westerly
right-of-way, South 37°03'52"East 23.10 feet, said point being feet from the centerline of said
Dalles-California Highway; thence continuing along said 85-foot right-of-way line, South 26°22'1.4"
West 1419.88 feet to a point on the south line of the property described in Deed No. 97-45542; thence
leaving said 85-foot right-of-way line andalong said south line, South 89°56'45"West 447.62 feet to the
southwest corner of said 97-45542 property, said point lying 20.00 feet westerly of the line common to
Sections 26 and 27; thence leaving said south line,North 00°03'15"West 1301.34 feet to the point of
beginning;
EXCEPTING THEREFROM: the new alignment of Tumalo Road per Deed No. 98-32048, further
modified for turn lanes per Deed No. 2001-22023, fully described as follows:
Commencing at a brass disk at the.1/4 corner between said Sections 26 and 27; thence along the east-west
centerline of said Section 27,North 89°49.'46"West 20.00 feet; thence leaving said east-west centerline,
South 00°03'15"East,parallel to and 20 feet westerly of the line common to said Sections 26 and 27,
357.34 feet to the northerly right-of-way of the new road alignment, and the Point of Beginning for this
description; thence leaving said parallel line and along the new right-of-way line, South 59°39'01"East
50.46 feet; thence South 62°39'40"East 442.65 feet; thence South 63°56'22"East 250.70 feet; thence
South 5939'01"East 95.51 feet to the westerly 85 foot right-of-way line of the Dalles-Califomia
Highway; thence leaving said new road right-of-way and along said westerly 85 foot right-of-way line,
South 26°22'14" West 170.41 feet to the southerly right-of-way line of the new road; thence leaving said
westerly 85 foot right-of-way line and along said southerly right-of-way line, North 59°39'01" West
107.34 feet; thence North 55°21'40"West 250.70 feet; thence North 56°38'22" West 442.65 feet,said
point lying 20.00 feet westerly of the line common to Sections 26 and 27; thence North 00°03'15"East
99.71 feet to the point of beginning.
Net area for this property is 20.46 acres.
October 14, 20I5
2015186-Desc.doc
Prepared by Baxter Land Surveying, Inc.
P.O. Box 7022, Bend, OR 97.708 (541) 382-1962
PAGE 1 OF 3 - EXHIBIT "B" TO ORDINANCE 2016-002
TAX LOTS 16-12-27-D-00104:
That portion of Deed No. 97-40139 described as"Parcel 3," further modified by the excepting of Tract 1
and Tract 2 of Deed No. 98-32049, and more fully described as follows:
Beginning at the Point of Beginning for the previous description of TAX LOT 16-12-27-C- 00201, said
point being on the southerly 45 foot right-of-way of Tumalo Road and lying 20.00 feet westerly of the
line common to Sections 26 and 27; thence along said 20 foot westerly line, North 00°03'15" West 5.00
feet to a point on a 40.00 foot right-of-way of Tumalo Road, per said 98-32049 Deed; thence leaving said
20 foot line, 31.74 feet along the arc of a 12823.89 foot radius curve left(the long chord of which bears
North 89°48'29" West 31.74 feet); thence North 89°52'44" West 26.42 feet; thence 219.07 feet along the
arc of a 210.00 foot radius curve left (the long chord of which bears South 60°14'07"West 209.27 feet);
thence South 30°20'59" West 40.03 feet; thence 47.12 feet along the arc of a 30.00 foot radius curve left
(the long chord of which bears South 14°39'01"East 42.43 feet); thence "
( g hence South 59 39 Ol East 145.00
feet; thence South 60°51'23"East 142.53 feet to a point lying 20.00 feet westerly of the line common to
said Sections 26 and 27; thence North 00°03'15"West 317.00 feet to the point of beginning for this
description;
Contains 1.30 acres.
Note: All corners are marked with monuments per recorded survey No. CS 14491 by Michael Berry.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
rrut 10
OREGON
JULY 26,19/19
JAMES D. PERRY
2407
RENEWS 12-31-2016
October- 14, 2015 2015186 Desc.doc
Prepared by Baxter Land Surveying, Inc.
P.O. Box 7022, Bend, OR 97708 (541) 382-1962
PAGE at OF 3 - EXHIBIT "B" TO ORDINANCE 2016-002
EXHIBIT MAP
TAX LOTS 16-12-26—C-00201
AND 16-- 12-27—D-00104
Located in the SW1/4 Sec. 26 and the SE1/4 ,Sec. 27,
T. 16S., R. 12E., W.M.,
DESCHUTES COUNTY, OREGON
TRACT 1
2T 26 BRASS DISK AT 1/4 COR.
DEED 98-32049
20-00 T - — — — — CENTERLINE TUMALO ROAD (NICHOLS MARKET ROAD)
�r 30' R/W
-/''''3 LI C2 \,CI -— S89 26'01"E 997.75 —— —— ...
----)
15' R/W DEDICATION S37'03'52'r
(4 AREA: I DEED No. 98-29504 23.10'
1 /TAX LOT 104 CURVE TABLE /1.30 ACRES CURVE DELTA LENGTH RADIUS CHDRD /,�' CI 018'13" 67.90 12818.89 58935"07"E 6X90 /
,F'SOpO7 K I C3 59'46"13" 219.07 1210.00 5601 07 W 209.27 / r
C4 9000'00" 47.12 30.00 S14 39'01"E 42.43
)R 3/?,i, I / 93"
233 <` S59'39'011 / / 90.
50.46 LINE TABLE / / /
TRACT 2 I LINE LENGTH BEARING
DEED 98-32049 DEED 2001-22023 L1 26.42 N8952'44"W ^q'
El; �� L2 40.03 S30 20'59"W / r /r
"4%49• /
I �\ "o" /
DEED 2001-22023 I ��,� , 4Fh- F R�2iBS / r /
36;38, )644740 / /
''. .Z lib • / /
1 3
tn ` No 98 �L">0 9 / 4� //
�S ti /
I 3�o¢eJ ,919a." /
P '1's3� Ssi ;C / -k. /
1 $ ?I\ �o z- /
( x TAX LOT 201 4 ery / '� /
I GROSS AREA: 22.88 ACRES �' / /
Cs
NEW ROAD: 2.42 ACRES 0 Nss,4, �/ / ��
4777,..
I TAX LOT 201 Jp>3R /6P //
K2 NET AREA: 20.46 ACRES
11.42 ACRES NORTH OF NEW ROAD
9.04 ACRES SOUTH OF NEW ROAD /I�
/
1 /
I ��i / /r REGISTERED
/ PROFESSIONAL
1
/ / / LAND SURVEYOR
--I I--20.00' / /
/ / / .�.tk. ,111',41 --
1
1 it OREGON
i ULY 26, 1989
L'I -- -, /
JAMES D. PERRY
58956'45"W 447.62 W 2 4 0 7
/ / RENEWS 12-31-2016
PREPARED BY BAXTER LAND SURVEYING, INC. P.O. BOX 7022 BEND, OR 97708
20370 EMPIRE AVE. SUITE C-3, BEND, OR 97701 (-540 382--1982
PAGE 3 OF 3 - EXHIBIT "B" TO ORDINANCE 2016-002