HomeMy WebLinkAbout91-050REVIEWED
91-36546 �W .J
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,0RErG01T-
An Ordinance Amending Ordinance 91-033, * 91 D --ri w , j, . , ti
a Quasi -Judicial Zone Change Amendment to
Title 19 Deschutes County Code, the Bend
Urban Growth Boundary Zoning Ordinance, to
Conform Ordinance 91-033 to the Decision
of the Deschutes County Hearing Officer on
Application ZC-90-1, and Declaring an * 0108 0580
Emergency.
ORDINANCE 91-050
WHEREAS, Cascade Highlands, Inc. (Cascade Highlands) owns a
large property to the west of Bend that straddles the Bend Inner
Urban Growth Boundary (IUGB);
WHEREAS, as part of a development proposal, Cascade Highlands
proposed the reconfiguration of the IUGB as established in the Bend
Area General Plan (Plan), the redesignation of certain properties
under the Plan to conform to that configuration, and rezoning to
implement those changes, and certain other necessary changes;
WHEREAS, following hearings held as required by law the
Hearing Officer in a decision issued June 21, 1991, generally
approved the proposed changes, including a zone change for a
specified number of acres from RS to UAR-10 and from UAR-10 to RS;
WHEREAS, the proposed zone change was not appealed to or
called up by the Board of County Commissioners (Board) and under
such circumstance the Board was required, pursuant to § 22.28.030
of the Deschutes County Code, to sign implementing ordinances as a
ministerial act to effect the Hearing Officer's decision;
WHEREAS, the Board signed Ordinance 91-033 on September 4,
1991, to implement the Hearings Officer's decision with respect to
the zoning changes set forth in the Hearing Officer's decision;
WHEREAS, through an inadvertent scrivener's error the acreage
amounts in Ordinance 91-033 rezoned from UAR-10 to RS and from RS
to UAR-10 did not reflect the direction of the Hearing Officer with
respect to the acreage total to be rezoned RS and UAR;
WHEREAS, the applicant wishes the error to be corrected as a
matter of record and has supplied amended maps, attached hereto as
Exhibits A and B to this Ordinance 91-050, which exhibits the Board
finds correct the clerical error;
WHEREAS, Title 22 of the Deschutes County Code allows the
Board to correct clerical errors in ordinances implementing plan
amendment and zone change decisions upon a finding that such a
clerical error has occurred; now, therefore,
KE Y P' FIED
1 - ORDINANCE 91-050 (12/9/91) ,
JAN
0108 0581
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. A new provision, to be made a part of Ordinance
91-033 as Section 1A, is hereby adopted to read as follows:
"Section 1A. Parcel B2, as generally depicted on Exhibit D,
shall retain its current UAR-10 zoning."
Section 2. Exhibit B to Ordinance 91-033 is replaced with a
new Exhibit B, attached hereto as Exhibit A to Ordinance 91-050 and
by this reference incorporated herein.
Section 3. Exhibit D to Ordinance 91-033 is replaced with a
new Exhibit D, attached hereto as Exhibit B to Ordinance 91-050 and
by this reference incorporated herein.
Section 4. Except as set forth herein, Ordinance 91-033
remains in effect as originally adopted.
Section 5. Findings. The Board adopts as its findings in
support of this ordinance the recitals set forth above. The Board
further finds that no public notice or hearing is necessary, given
that no party had standing to appear before the Board on this
matter and that the Board's function in enacting the implementing
ordinances was purely a ministerial one.
Section 6. This ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Ordinance takes effect on its
passage.
DATED this 9th day of ,��n , 1991.
BOARD 9# COUNTY COMMISSIONERS
OF D C UTES COUNTY, OREGON
T ITHRUU Cpmmis o e
TT ST: NANCY PPP C G N, Commis ]Loner
-Recording Secretary D MAUDLIN, Chairman
2 - ORDINANCE 91-050 (12/9/91)
EXHIBIT "A" TO ORDINANCE 91-050
(A REPLACE[k= TO EXHIBIT "B" TO ORDINANCE 91-033)
0108 0582
PARCEL B
PROPERTY DESCRIPTION
A parcel of land in the west half of Section 1, Township 18 South, Range 11 East,
Willamette Meridian, Deschutes County, Oregon fully described as follows:
Commencing at the northwest corner of said Section 1; thence South 00°41'38" West
1334.76 feet to the southwest corner of the north half of the northwest quarter of said
Section 1; thence South 89°47'24" East 1752.13 feet along the south line of said north
half to the point of beginning; thence South 89°47'24" East 893.01 feet to the
southeast corner of said north half; thence South 00°38'43" West 3806.77 feet along
the east line of the West Half; thence leaving said east line North 84°51'22" West
565.81 feet; thence North 11°27'42" West 607.38 feet; thence North 47°47'18" West
942.66 feet; thence South 37°36'01" West 246.88 feet; thence North 48°21'33" West
60.15 feet; thence North 37°36'01" East 247.48 feet; thence North 47°47'16" West
104.07 feet; thence North 38°17'25" East 588.54 feet; thence 453.45 feet along the arc
of a 628.00 foot radius curve left (the long chord of which bears North 17°36'18" East
443.66 feet); thence North 05°46'07" East 1543.09 feet to the point of beginning;
Contains 86.56 Acres.
SEE EXHIBIT
DAVID EVANS ANDASSOCIATES, INC.
ENGINEERS. SURVEYORS, PLANNERS, LANDSCAPE ARCHITECTS
OFFICES W OREGON, WASHINGTON AND CALIFORNIA
709 N.AX'. W.All STREET, SUITE 102
BEND, OREGON 97701-2712
(503) 389.7614
December 9, 1991
RMSTRRE17
PROFF'5'IO�y 1_
LAID SUR
1L.0-1 c. 4Q-�
OREGON
JULY 13, 1980
DERRY C. PO HELL
1919
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EXHIBIT "B" TO ORDINANCE 91-050
(A REPLACEMENT OF EXHIBIT "D" TO ORDINANCE 91-033)
0108 0583
scale 1' - 2000' design
date 12/6/91 drawn JHL
C )(: (b)
DAVID EVANS AND .00CIATES, INC
709 NN WALL 9TRaT. SUM 102
EXHIBIT
loom
OtM DARY
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