1988-28380-Ordinance No. 88-041 Recorded 12/8/1988BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DES
An Ordinance Amending Ordinance
No. PL -15, Deschutes County Zoning
Ordinance of 1979, as Amended,
Changing the EFU-320 Zone Designa-
tion to Surface Mining (SM) on an
Approximately 200 -Acre Parcel of
Real Property Located in Sections
1 and 2, Township 19 South, Range
14 East of the Willamette Meridian,*
Deschutes County, Oregon, and
Declaring an Emergency.
ORDINANCE NO. 88-041
COUNTY, OF
WHEREAS, Eugene and Gloria Moon proposed a zone change from
EFU-320 to Surface Mining on certain real property; and
WHEREAS, notice of hearing was given in accordance with law;
and
WHEREAS, the Hearings Officer held a hearing on the zone
change on October 4, 1988; and
WHEREAS, the Hearings Officer recommended that the zone
change requested for the subject property be approved, by deci-
sion dated November 8, 1988; and
WHEREAS, the decision of the Hearings Officer has not been
appealed; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. That Ordinance No. PL -15, Deschutes County
Zoning Ordinance of 1979, as amended, is further amended to
change the zone designation on the subject property, described
in Exhibit "A", attached hereto and by this reference incorpor-
ated herein, and depicted on the map marked Exhibit "B", attached
hereto and by this reference incorporated herein, from EFU-320
to Surface Mining.
Section 2. To adopt the Findings and Recommendation of the
Hearings Officer, dated November 8, 1988, relating to Zone
Change Application No. ZC-88-5, marked Exhibit "C", attached
hereto and by this reference incorporated herein, as the findings
of the Board of County Commissioners in support of the zone
change.
1 - ORDINANCE NO. 88-041
Section 3. 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 day of �� 1988.
TEST•
awl
ecording Secretary
2 - ORDINANCE NO. 88-041
BOARD OF COUNTY COMMISSIONERS
OF DE CHUTES CpOUNTY, OREGON
I k6664'11 -
LOIS IS OW PRANTE, Commissioner
TO
7dOP ¢o issioner
DICK MAUDLIN, Chairman
EXHIBIT "A"
Order No. 27-8976
Legal Description
0094 0685
The Southeast one-quarter of the Northeast one-quarter (SE 1/4 NE 1/4) and the
Northeast one-quarter of the Southeast one-quarter (NE 1/4 SE 1/4) of Section`;,
Two (2), the Southwest one-quarter of the Northwest one-quarter (SW 1/4 NW
1/4), the North one-half of the Southwest one-quarter (N 1/2 SW 1/4), the
Southeast one-quarter of the Southwest one-quarter (SE 1/4 SW 1/4) and the
Southwest one-quarter of the Southeast one-quarter (SW 1/4 SE 1/4) of Section
One (1), and the Northeast one-quarter (NE 1/4) of Section Twelve (12), all
in Township 19 South, Range 14 East of the Willamette Meridian, Deschutes
County, Oregon.
66/34
„
J
EXHIBIT "B"
MAP LOCATING SUBJECT PROPERTY: I
107
110
^•(�, \ / • , .oats ••,4
mILLlG4{V
EXHIBIT "C"
FINDINGS AND RECOMMENDATION
FILE NO. ZC-88-5
APPLICANT: Eugene and Gloria Moon
26300 Bend -Burns Highway 20
P. 0. Box 5952
Bend, OR 97708
0094 068'7
REQUEST: An application for a Zone Change which would
allow the re -zoning of approximately 200 acres
from EFU-320, Exclusive Farm Use to SM,
Surface Mining.
PLANNING STAFF
REPRESENTATIVE: Chuck McGraw
BURDEN OF PROOF: The applicant must establish that the proposed
zone change conforms with Sections 4.010 and
4.100 of the Deschutes County Zoning Ordinance
and the Deschutes County Comprehensive Plan.
PRELIMINARY FINDINGS
1. LOCATION:
The subject property is located approximately 27 miles East
of Bend on Highway 20, and one mile off of the Highway, and
is further described as Township 19 South, Range 14 East,
Section 1 and 2, Tax Lot 200.
2. ZONE:
The property is presently zoned EFU, Exclusive Farm Use, and
the applicant is proposing to change to designation to SM,
Surface Mining.
HEARING AND EXHIBITS
The hearing was held on the above -referenced application on
October 4, 1988, at the Deschutes County Administration
Building. The hearing was held open for a period 20 days to
receive additional written testimony from the Department of Fish
& Wildlife and BLM. The following exhibits make up the record in
this matter:
A. Application;
B. Applicant's site plan;
C. Staff Report;
D. Moon letter regarding Fish & Wildlife response;
E. Fish & Wildlife letter dated October 12, 1988;
F. Phil Paterno (BLM) letter dated October 5, 1988;
G. Department of Geology and Minerals letter of response;
and
-1- FINDINGS AND RECOMMENDATION, File No. ZC-88-5
H. Applicant's report and proposed Findings of Fact.
FINDINGS OF FACT
1. The Deschutes County Comprehensive Plan Year 2000 contains a
Surface Mining Section which establishes Goals and Policies
for Surface Mining.
2. The Deschutes County Comprehensive Plan is currently not
acknowledged by the State of Oregon's Land Conservation and
Development Department. This requires the applicant to
address all the relative Goals and Policies of the LCDC
Goals. This also specifically requires the applicant to
conduct an environmental, social, economic and energy (ESEE)
analysis for the subject site to show that the detriments of
the proposed use to other resources in the area are
outweighed by the benefits of the proposed use.
3. The subject property consists of a farm parcel of
approximately 440 acres in size. Water is available to the
site from the owners' well. The surrounding property is
owned by the Bureau of Land Management. Access to the site
would be from Highway 20 across an access road owned by the
Bureau of Land Management. Permits to use the BLM access
road are in process. The applicant proposes a surface mine
for the purpose of extracting gravel.
4. Zoning in the surrounding area consists of EFU-320. The
Oregon State Highway Division owns a mineral and aggregate
site approximately one-half mile from the proposed site.
This is a centrally located site of quality aggregrate that
can deal with the current demand with little or no impact.
The terrain is flat, sagebrush and scrub juniper.
5. The area in which the present site is located is one in
which mining of aggregate is recognized. An Oregon State
pit is located approximately one-half mile from the proposed
site. The surrounding property is owned by BLM. There is
no private property within five miles of the proposed
site. Century West reports that there is a substantial
amount of gravel at this site and that the gravel has a good
quality.
6. The Comprehensive Plan requires protection of the
resource. The proposed site, due to its location next to an
existing site, should be zoned SM. There are aggregate
resources located on the property that have been identified
for future use. There are no intensive receational uses
which would be affected by the proposed surface mining.
There is limited agricultural cultural capability in the
area which should enchance the area for surface mining
use. The value of grazing on this parcel is very minimal.
-2- FINDINGS AND RECOMMENDATION, File No. ZC-88-5
7. There appears little impact on the surrounding land use.
The subject proposal will provide a valuable resource. This
site exists adjacent to an acknowledged mining area. The
availability, location and potential use of this resource
requires re -zoning.
8. Due to the quantity and quality of the resource, as
established by the Century West Report, and the current
shortages of quality aggregate in Deschutes County, this
property should be re -zoned Surface Mining.
9. The applicant has submitted an ESEE analysis which follows:
The applicant states that the proposed site is located to
the east of Bend, off of Highway 20. The site is low desert
with the nearest residence over six miles to the east and
west, and no residences to the north and south for many
miles. There should be no residential conflicts restricting
the proposed zone change. The applicant states that there
are no endangered species identified as inhabiting this
area. Deer sometimes drift through in the fall and
spring. In the two years that they have owned this land,
there has not been a significant amount of wildlife use.
The area is sagebrush, scrub juniper and desert grasses.
The area should be enhanced by reclamation. The applicant's
ESEE analysis appears to adequately address the economic,
social, environmental and energy consequences of any
identified impacts. As stated earlier, there does not
appear to be any conflicts with other resource uses on the
property including agricultural uses.
10. The applicant has submitted a site and reclamation plan as
part of this application. The submitted site and
reclamation plan appears adequate.
11. The applicant states that there are no significant first use
activities or non-renewable resources in existence at this
site.
Once mining and/or associated activities have begun they
shall be in accordance with State standards and any more
stringent standards that the County may enact. As mentioned
earlier, this area does not have any significant wildlife,
agricultural, residential or other conflicting uses.
Criteria for establishing the conflict level shall be
identified as follows in the following conflicts levels,
Level I, Level II, Level III, Level IV and Level 0.
-3- FINDINGS AND RECOMMENDATION, File No. ZC-88-5
0094 9690
12. The applicant states that aggregate resources have been
identified by Deschutes County on this property and its
being a significant resource for the local economy. It is
specifically contemplated by the Comprehensive Plan that
aggregate material and other mineral resources will
ultimately be mined which will result in the necessity of a
zone change to SM.
13. The Department of Fish & Wildlife has recommended the
following conditions:
A. A phased plan be developed that allows no more than
five acres be mined at one time. Reclamation to be
started before the next site becomes available for
aggregate removal.
B. The phased plan identify areas of cover (juniper trees
and broken terrain) to be left throughout the entire
site to be mined. We request that the plan be approved
by Oregon Department of Fish & Wildlife biologist
before Deschutes County approval of these applications.
C. No operation of equipment
31 of each year within
This does not preclude
ranching activities.
from December 1 through March
the area of surface mining.
equipment used for everyday
Stock piling of materials at existing barrow site along
Highway 20 may be a permitted option to meet closure of
area during sensitive deer winter use period.
BASED UPON the foregoing Findings of Fact, the Hearings Officer
hereby RECOMMENDS APPROVAL of the zone change to the Deschutes
County Board of Commissioners subject to the following
conditions:
1. The applicant shall obtain all necessary permits from
the Department of Geology and Mineral Industries.
2. The applicant shall obtain all necessary permits from
the Bureau of Land Management for access to the subject
property.
3. The applicant shall comply with all requirements for
water, noise and dust pollution established by the
State Oregon Department of Environmental Quality.
4. The applicant obtain site plan approval from the
Deschutes County Planning Department prior to the
commencement of any mining activity on the subject
site.
-4- FINDINGS AND RECOMMENDATION, File No. ZC-88-5
0094 0691
5. A phased plan be developed that allows no more than
five acres be mined at one time. Reclamation to be
started before the next site becomes available for
aggregate removal.
6. The phased plan identify areas of cover (juniper trees
and broken terrain) to be left throughout the entire
site to be mined. The plan shall be approved by Oregon
Department of Fish & Wildlife biologist before
Deschutes County approval of these applications.
7. No operation of equipment
31 of each year within
This does not preclude
ranching activities.
from December 1 through March
the area of surface mining.
equipment used for everyday
Stock piling of materials at existing barrow site along
Highway 20 may be a permitted option to meet closure of
area during sensitive deer winter use period.
THIS DECISION BECOMES FINAL 10 DAYS FROM THE DATE MAILED, UNLESS
APPEALED.
DATED and MAILED this 8th day of November, 1988.
EDWARD P. FITCH
Hearings Officer
cc: BOCC
_AWc`hute Cvnty,-Planning Commission
Deschutes County Planning Director
-5- FINDINGS AND RECOMMENDATION, File No. ZC-88-5