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1989-31183-Minutes for Meeting October 24,1989 Recorded 11/22/198900*a 01 2 c;9-WS3 TES SURFACE MINING DECISION MEE4140 DESCHUTES COUNTY BOARD OF COMMISSIo,' ' October 24, 1989 Chair Prante called the meeting to order at 8:45 a.m. Board members in attendance were Dick Maudlin, Tom Throop and Lois Bristow Prante. Also present were Karen Green, Community Development Director and George Read, Planning Director. SITE 251 (William Cherry site in the Cline Falls areal George Read reported that site 251 was a sand and gravel site. There was 125,000 cu yds of ODOT quality aggregate on the site and 100,000 cu yds of clay soil for pond and canal sealing material. The staff recommended approval of surface mining with the standard conditions including processing on site. Commissioner Throop said the Board wanted to work on a property trade with William Cherry for this site and with the State Highway Division for site 278 with the intention of converting that area into a park. The Board decided to consider site 278 in conjunction site 251. SITE 278 (State Highway Division Site west of site 251) George Read reported that this site was 12.18 acres of 18,000 cu yds of ODOT quality rock. It was currently zoned surface mining. Roland Van Cleave had testified at the public hearing that there wasn't much left there to mine and that there would probably be one more use of the site. This site was closer to the river than the Cherry site. The staff recommended approval of surface mining with the standard conditions. There were two letters in the file in opposition to the site, and five people testified in opposition at the public hearing. THROOP: Given the testimony and the information in the record, I would move that the wildlife, fish, scenic waterway, water, and cultural resources which are evident on the site, take a higher priority than the surface mining resources on the site. Therefore, these two sites should not be zoned for surface mining (sites 251 and 278). MAUDLIN: I would second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PAGE 1 MINUTES: 10-24-89 0J,9 0173 SITE 252 (Thornburgh site on Cline Butte George Read reported that this was an existing site with DOGAMI permits and had been mined since 1952. The site contained 2.5 mil cu yds of quarry rock that met ODOT specifications and was currently zoned surface mining. There were no letters in opposition in the file. MAUDLIN: I would move continued surface mining zoning with the conditions as outlined by staff. THROOP: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES SITE 322 (Fred and Judy Gunzner site at Lower Bridge) Chair Prante said that due to the Board's previous site visit, the public hearing on this site was still open and asked if anyone wished to testify. Being no comments, Chair Prante closed the public hearing. Commissioner Throop questioned whether they should deal with the setback during the zoning or during the site plan review. Karen Green said that if the Board wanted to go into detail about particular locations for processing, they could do it in their motion. However the very detailed conditions should probably wait for site plan review. If they wanted to say that there should be no mining within a certain distance of the river, for example, it would be appropriate to do so as part of the zoning motion. The Commissioners wanted to have a 100 ft. setback from the rim but there were areas where the rim was not clearly defined. Commissioner Throop said the site was on a scenic waterway, and he would like to keep the activity on top where it could not be seen from the middle of the river. George Read described the Planning Commission's recommendations. He suggested zoning what the applicant had proposed plus requiring a 100 ft. set back from the rim. He said there wasn't currently a legal description in the file. THROOP: I'll move approval of site 322 with the standard conditions and also including a 100 ft. setback from the rim which includes, during site plan review, special care to keep the operations above the hill and out of that flatland, wet land at the south end. PAGE 2 MINUTES: 10-24-89 o~)q 0114 MAUDLIN: I second the motion. Karen Green asked if the intention was to have surface mining zoning for the area designated on the map or for the entire tax lot? THROOP: For the area designated on this map which will require subsequent legal description. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES SITE 461 (Nolan Site in Lower Bridge) Chair Prante stated that due to the Board's previous site visit, the public hearing on this site was still open and asked if there was anyone who wished to testify. Since no one wished to testify, the public hearing was closed. George Read reported that the Board had visited this site. He said the old part of the mining operation did not have a reclamation plan. It was zoned surface mining and in a report from 1980 it said the whole 660 acre site had 10 million cu yds of concrete rock and 15 million cu yds of top soil and didn't mention dacolite. There was subsequent testimony in the file, which wasn't in the file on this day, from the 1984-5 zone change that discussed dacolite. He said part of the site did have a valid reclamation plan which was approved by the County, however they had not mined beyond the historic mining level which would trigger the use of the site reclamation plan. He said the site on the other side of the road (the south side of Lower Bridge Road) was a preexisting site and zoned surface mining based upon preexisting activity. Commissioner Throop said the 400 acre site should clearly be zoned surface mining, but asked how far the Board could go in requiring reclamation on the site. Karen Green said that reclamation could not be required on sites that had been previously mined. She said that reclamation could be required on any newly opened pits. Goal 5 would probably require that the Board extend the boundaries outward for development and, therefore, keep the development away from the unique, valuable resource rather than trying to limit the mining operation. MAUDLIN: I am going to move that we zone site 461 for surface mining with a 100 ft setback from the rim in all areas where the rim is definite, and that we set, as much as we can, a definition of "rim" on the site that would be to the east side of the road, including all of the standard conditions in the staff report. PAGE 3 MINUTES: 10-24-89 THROOP: I'll second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES Commissioner Throop said that when the County was in site plan review on this site, they should try to make it a 1990's operation as much as possible. SITE 324 (Dept. of Veterans Affairs site--Lower Bridge Farm) George Read said this 309 acre parcel was currently zoned EFU-80 and primarily used for farmland. The 59.2 acre portion that had never been irrigated was recommended to be zoned surface mining. The parcel had 460,000 cu yds of ODOT quality aggregate. There was no testimony on the site except from DVA who wanted the site zoned surface mining because it would make the property more valuable. There was one dwelling on the property and one dwelling next to the property. THROOP: I'll move approval of the 59.2 acres with standard conditions. MAUDLIN: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES SITE 326 (U.S. BANK--Tetherow Crossing) George Read reported that this site was 200 acres with 1.5 million cu yds of ODOT quality aggregate. There was a petition in the file from surrounding property owners supporting the surface mining zoning. There were also a number of letters in opposition in the file. MAUDLIN: I move that we do not zone this site surface mining due to the fish and wildlife access and the fact that it is an historical area, and that it's overlooked by a number of homes, and I think it would be too much of a conflict. THROOP: I'll second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PAGE 4 MINUTES: 10-24-89 SITE 330 (Davis site) George Read said this 8-1/2 acres site had 50,000 cu yds of cinders and was currently zoned surface mining, Landscape Management. The site was visible from the highway and there had been previous surface mining activity there. An ordinance from 1980 contained the following conditions in it that were not included in the staff recommendation: no mining operation within 100 ft of the west property line, resumption of mining operation would require DOGAMI approval, all mining within conformance with DEQ rules, hour of operation would be 7 am to 6 pm weekdays and 9 am to 5 pm on Saturdays with no operation on Sunday, site plan approval was required, the mining operation was limited to the removal and processing of cinders, and the zone would only be changed on TL 702 south of the COI ditch (approximately 3-1/2 acres). THROOP: Move approval with those conditions. MAUDLIN: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES George asked if the motion included the other conditions that were in the staff report? THROOP: Yes. Karen Green asked if the conditions were in conflict, which would control? MAUDLIN: The most strict. SITES 331, 332, 333 (site 331 owned by E.A. Moore, site 332 owned by Coats, and Site 333 by Robinson) George Read reported that sites 331,332, and 333 combined made up a 40 acre parcel with 3 million cu yds of cinders with site 331 being 15 acres, site 333 being 15 acres and site 332 being 10 acres. He said this information came from testimony given by Mr. Moore at the public hearing. There was considerable preexisting activity on this site. MAUDLIN: I move that we zone sites 331, 332, and 333 as existing SM with the inclusions of staff report recommendations. THROOP: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PAGE 5 MINUTES: 10-24-89 0913 -y 0177 SITE 335 (TL 890--recentlv sold to Erlene Irvin George Read reported that this six acre site was zoned RR-10 and had 100,000 cu yds of cinders. There was activity on this site prior to 1972, so the County would not be able to regulate it until it was mined outside of the original area. There was opposition testimony at hearing from Joyce Givens who was concerned about sediment in her well and vibration around her house. MAUDLIN: I'll move that we zone site 335 SM with the standard inclusions of staff and Planning Commission report and also the fact that this property has recently been sold and there was testimony that the people who bought it were willing to work with Mrs. Givens who owned Tax Lots 3000 and 2900. THROOP: Let me second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES SITE 336 (U.S. BANK--TL 400 AND 5001 George Read reported that this 30 acre site was contiguous to Highway 97 and contained 15 million cu yds of material. It had been zoned surface mining since 1977 and was currently zoned SM and LM. The staff recommended surface mining zoning with standard conditions. Commissioner Throop asked if the Landscape Management zone required any setbacks, and George Read said that it did not. MAUDLIN: I would move that we continue the SM zoning on site 336 and, if possible, not to encroach further towards the highway than the nearest most existing pit. THROOP: I'll second the motion. Commissioner Throop stated that it would obviously be worked out during site plan review. Karen Green asked if the motion also included the standard conditions. MAUDLIN: Yes. Commissioner Maudlin withdrew his motion and Commissioner Throop withdrew his second. PAGE 6 MINUTES: 10-24-89 09x9 - 0178 MAUDLIN: I would move that we continue the existing zoning on site 336 including standard conditions by staff and planning and also that we maintain a buffer zone not nearer Highway 97 than the existing pit. THROOP: Second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES SITE 465 (State Highway Division Site--TL 900) George Read reported that this was an existing five acre site which was currently zoned RR-10 and contained 100,000 cu yds of good quality cinders. MAUDLIN: Move surface mining zoning on site 465 with standard conditions. THROOP: I'll second the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES SITE 466 (Elliott site--TL 600) George Read reported that this 20 acre site had 5 million cu yds of good quality cinders and was currently zoned surface mining. Karen Green mentioned that the Planning Commission recommended no surface mining zoning for sites 466 and 467 because they were located near the top of the butte. The Planning Commission felt the value of the butte was greater than the resource. Commissioner Maudlin said that Mr. Elliott testified that they were not going to mine the upper part of the butte, and that they lived at the top of the butte. MAUDLIN: I move that we zone surface mining not above 300' from the southern property line toward the top of the hill. Karen Green asked for a clarification that Commissioner Maudlin was speaking of the southerly 300 ft of the tax lot, and Commissioner Maudlin said he was. THROOP: I'll second that motion. MAUDLIN: We want to handle the balance of this with site plan review because of the recommendation by the Planning Commission. PAGE 7 MINUTES: 10-24-89 099 ^ 0179 THROOP: That site would be subject to standard conditions. Karen Green asked if the only portion of that tax lot that would be zoned surface mining was the southerly 300 ft. which would be subject to the standard conditions; and that the rest of the site would not be zoned surface mining? MAUDLIN: It might be simpler to make it the southerly 330 ft. which would be exactly a 10 acre parcel. 330 by 1320 is 10 acres. Karen Green asked if he wanted to amend his motion to state the southerly 10 acres measured as 330 ft by 1320 ft.? Commissioners Maudlin and Throop agreed to amend the motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES SITE 467 (Knorr Rock--TL 601) Karen Green reported that the site was 50 acres with 5 million cu yds of good quality and 5 million cu yds of poor quality cinders. The site was currently zoned RR-10. George Read reported that no previous activity was indicated in the file. The staff recommendation was that this site not be zoned for surface mining. Karen Green said that Mr. Knorr had testified that he wanted some of the site zoned surface mining because he wanted to remove material from his property so that steep slopes and vertical banks could be lessened. He wanted the southwest corner zoned surface mining and was willing to do reclamation. MAUDLIN: I would move that we zone the southwest 10 acres of site 467 surface mining. THROOP: I'll second the motion for discussion. Commissioner Throop asked if the 10 acres would be a square parcel? Commissioner Maudlin said yes. Commissioner Throop said that it would run quite a distance up the hill with that motion. Commissioner Maudlin said he wanted to go 330 ft. from the south to the north and then over to Tax Lot 602 which was five acres more or less. Karen Green said it would be the southerly 330 ft. of the southwestern portion of Tax Lot 601. PAGE 8 MINUTES: 10-24-89 Commissioner Maudlin said there would also be a condition to lessen the slope on the neighboring surfacing mining site. Karen Green said she understood the motion was surface mining in the southwest corner of site 467, more particularly described as the southerly 330 ft of the southwest portion of TL 601 with the standard Planning Commission conditions plus the condition that any extracted overburden on site 467 be used to reduce the slope on site 335. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES George Read said that based upon his interpretation of contours, the motion would go 660 ft. straight up the slope to the top, which he felt was not the Board's intention. Commissioner Maudlin withdrew his motion and Commissioner Throop withdrew his second. PRANTE: Please review the available information and give us your best information, George, and we'll go from there. (This item was discussed again on 11/1/89). SITE 482 (Deschutes County Negus Landfill site) George Read reported that site 482 was currently zoned EFU-40 and contained 2 million cu yds of fill dirt. It was also used as a storage site for aggregate. He said the original map included three sections of land of which only a small portion was the Negus Landfill. He had not clarified the exact number of acres involved. THROOP: I'll move surface mining zoning for site 482 which is the Negus Landfill site owned by Deschutes County with the standard conditions which were recommended by staff and the Planning Commission. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES SITE 539 (City of Redmond--TL 12001 George Read reported that there was no quality and quantity information on this site. The site was currently zoned surface mining and was reportedly used for storage. THROOP: I'd move that site 539 be moved to 1(b) category due to the lack of inventory resource information. PAGE 9 MINUTES: 10-24-89 Y 01,99 - 0 18 1 MAUDLIN: I'll second for a question. Commissioner Maudlin asked what would happen if the City of Redmond continued to use the site for storage of cinders. Karen Green said it would be like any other site currently zoned SM--the owner could continue to do prior activity. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES DESCHUTES COUNTY OARD OF COMMISSIONERS is Prante, Chair ( o7;wV Tom Throop, Commissioner Di Maud in, C issioner BOCC:alb PAGE 10 MINUTES: 10-24-89