1990-01589-Ordinance No. 90-004 Recorded 1/18/1990REVIEWED
11. 37
90-01589
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUffTY, i
An Ordinance Amending Ordinance * ��I��OFIIM�
No. PL -15, the Deschutes County
Zoning Ordinance of 1979, as����'
* , ��.�.
Amended, Changing the EFU-20 Zone �
Designation to Surface Mining (SM)
on Approximately 10.72 Acres of a
40 -Acre Parcel of Real Property
Located in Section 6, Township 15
South, Range 10 East of the
Willamette Meridian, Deschutes
County, Oregon, and Declaring an
w:w
Emergency.
ORDINANCE NO. 90-004
WHEREAS, William and Janet Reed proposed a zone change from
EFU-20 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 November 7, 1989; and
WHEREAS, the Hearings Officer recommended that the zone
change requested for the subject property be approved by decision
dated November 22, 1989; 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, the Deschutes County
Zoning Ordinance of 1979, as amended, be further amended to
change the zone designation on the subject property, described in
Exhibit "A," and depicted on the map marked Exhibit "B," attached
hereto and by this reference incorporated herein, from EFU-20 to
Surface Mining.
Section 2. To adopt the Findings and Decision of the Hear-
ings Officer, dated November 22, 1989, relating to Zone Change
Application No. ZC-89-7, 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.
Section 3. This Ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency
� n
1 - ORDINANCE NO. 90-004
,r.
1138
is declared to exist, and this Ordinance takes effect on its
passage.
DATED this day of 1990.
OARD OF UNTY COMMI IONERS
OF DESCHUTES COUNTY./OAEGON
2 - ORDINANCE NO. 90-004
ZUzs Uzs PRANTE, commissioner
TOM TH OP, hair
DICK MAUDLIN, Commissioner
E X H I B I T "A"
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST
ONE-QUARTER (1/4) OF SECTION 6, TOWNSHIP 15S, RANGE 10E,
W.M., THENCE EAST 1320 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 790 FEET, THENCE EAST 330 FEET,
THENCE SOUTH 165 FEET, THENCE EAST 330 FEET, THENCE
SOUTH 625 FEET, THENCE WEST 660 FEET TO TEH POINT OF
BEGINNING.
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FINDINGS AND DECISION o�Q�
FILE NO.
APPLICANT:
3$: '
William and Janet Reed
15000 McKenzie Highway
Sisters, OR 97759
FCEIVtU
ESQ"2 4`1989
G �
REQUEST: An application for a Zone Change to rezone
approximately 10.72 acres of a 40 -acre parcel
from EFU-20, Exclusive Farm Use to SM, Surface
Mining.
PLANNING STAFF
REPRESENTATIVE: David B. Leslie
BURDEN OF PROOF: The applicant must establish that the proposal
conforms with the Deschutes County
Comprehensive Plan and Goal Five of the State
Land Use Goals as adopted by LCDC at OAR 650-
16-000 and all other applicable state-wide
planning goals.
PRELIMINARY FINDINGS
1. LOCATION
The subject property is located at 15000 McKenzie Highway,
Sisters, and is further described as Township 15 South,
Range 10 East, Section 6, Tax Lot 1102.
2. ZONE:
The subject property -is zoned EFU-20, Exclusive Farm Use and
consists of 40 acres of irrigated pasture land, timber
pasture and the applicant's residence.
HEARING AND EXHIBITS
A hearing was held on the above -referenced application on
November 7, 1989, at the Deschutes County Administration
Building. The following exhibits make up the record in this
matter-:
1. Application.
2. Site Plans.
3. Revised site plans.
4. Letters in support:
a. James Erickson
b. John Keenan
C. Rich Morris
d. Hal Bohle
e. Harold Bates
f. Janice Bafford
-1- FINDINGS AND DECISION, FILE NO. ZC-89-8
g. Oliver H. Nelson
h. Molly Nicholson
i. Wayne D. Browning
j. Gene Warf
k. Beverly Warf
1. Connie Hartford
M. Chuck Newport
n. Thomas Lindstrom
o. Diane Rodgers
p. M. J. Reed
q. Raymond Buselli
r. Brad Nicholson
s. Tammie Nash
t. Christopher Folkestad
U. Steve Rodgers
V. Michael E. Neish III
W. Tess Evans
X. Earl P. Armbruster
y. Stephen A. Johnson
Z. Larry Charles.
a. Mike Hinds
5. Burden of Proof Statement.
6. Staff Report
7. Letters of Applicant dated September 12, 1989, October
3, 1989, October 30, 1989.
8. Response from U. S. Forest Service dated November 7,
1989.
9. Water Resources letter dated September 28, 1989.
10. Public Works Memorandum dated September 19, 1989.
11. Environmental Health response dated September 29,
1989.
LEGAL CRITERIA
A. Section 10.025 of PL -15 *the Deschutes County Zoning
Ordinance, establishes the standards for rezoning.
B. Section 4.040 of PL -15 establishes the standards and
criteria for EFU-20 zones.
C. Section 4.100 of PL -15 establishes standards and criteria
for the Surface Mining Zone.
D. The Deschutes County Comprehensive Plan Year 2000 contains a
Surface Mining Section which establishes Goals and Policies
for Surface Mining.
E. 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
-2- FINDINGS AND DECISION, FILE NO. ZC-89-8
C.
01
00 1143
the proposed use to other resources in the area are
outweighed by the benefits of the proposed use.
FINDINGS OF FACT
A. The subject property is zoned EFU-20, Exclusive Farm Use and
consists of 40 acres of irrigated pasture land, timber
pasture and the applicant's residence.
B. Zoning in the surrounding area consists of EFU-20 to the
north and west and Deschutes National Forest land to the
east and south. The Tollgate Subdivision begins
approximately 2,000 feet north from the site area.
C. Water sources include surface flows from cold springs in the
spring and early summer and an irrigation well as a
supplemental source used when needed. An application for
160 acres of water rights is pendig with the State
Watermaster.
D. Excavation of aggregate earlier this year was conducted by
the applicant without prior County approval. This
application is intended to rectify this situation and also
allow the applicant to increase the site area for additional
aggregate extraction, up to an approximate total of 65,000
cubic yards over a five (5) year period of time. During
June and July, 1989, the applicant. excavated approximately
one acre. The area excavated was shaped and lined with
approximately 2,500 cubic yards of clay, six inches deep, in
preparation for filling with water to create a pond. Once
filled with water, an island of land will protrude above the
water surface. The applicant was. cited in mid-August by
Deschutes County, for operating without the necessary prior
approval and permits, and supsended operations at that time.
E. The applicant intends to reclaim the excavated area by
creating two large ponds covering approximately five (5) to
seven (7) acres. One of the pond areas, approximately one
(1) acre in area, was excavated during the prior extraction
and crushing activities. The pond has been lined with clay
but has not been filled with water. The applicant has
submitted a Site Plan review application along with this
Zone Change application.
F. The following transmittals in response to notification of
the change in zoning were received:
1. The Watermaster's office states that due to the size of
the project, three water related requirements have to be
addressed:
a. If they intend to use the 50,000 cubic yard hole as
stated in SP -89-70 and ZC-89-8 for a pond, the size
of the pond would be over the statutory limits,
-3- FINDINGS AND DECISION, FILE NO. ZC-89-8
00 - 1144
and, therefore, the plans for the construction of
the pond must meet "Engineering Design
Requirements", OAR 690-20-035.
b. They must also file a "Reservoir" application with
the Oregon Water Resources Department for the
storage of the groundwater before construction
begins.
C. If the water to maintain the pond is from a well, a
"Permit to Use Groundwater" application must also
be filed with the Oregon Water Resources Department
before construction begins.
2. Deschutes'County Department of Public Works states:
a. An access permit must be obtained from the State
Highway Department for any new access to Highway
#242.
b. The appropriate permits must be obtained from
DOGAMI for the mining activity.
3. The Department of Geology and Mineral Industries states:
a. The newly created pond was inspected and is in
compliance with State reclamation standards.
b. The applicant shall contact DOGAMI if annual
removal yardages exceed 5,000 cubic yards in a one
(1) year period.
G. The Planning Division. received 27 letters from residents of
the Tollgate Subdivision in support of the proposed Zone
Change and the excavation/reclamation proposed by the
applicant.
H. The Hearings Officer has reviewed the Burden of Proof
Statement and the statements of fact set forth therein. The
Hearings Officer hereby approves the findings of fact set
forth in the Burden of Proof Statement of the applicant as
evidenced on Pages 3 through 21 of the Burden of Proof
Statement. The facts set forth in that Burden of Proof
Statement are hereby incorporated by reference as additional
findings.
CONCLUSIONARY FINDINGS
A. The Hearings Officer has reviewed the Burden of Proof
Statement of the applicant. The Hearings Officer hereby
approves the Conclusionary Findings set forth in the Burden
of Proof Statement insofar as they address the applicable
Statewide Planning Goals (see Pages 24 through 27 of the
Burden of Proof Statement) and the ESEE analysis of Goal 5
-4- FINDINGS AND DECISION, FILE NO. ZC-89-8
00 - 1145
described on Pages 22 and 23 of the Burden of Proof
Statement.
SUMMARY
The applicant has done an excellent job of addressing the
Statewide Planning Goals and the ESEE analysis required by Goal
5. This is a sound proposal which has the support of all
properties affected. The Hearings Officer recommends approval of
this Zone Change subject to the following conditions:
1. The applicant shall obtain all necessary permits from
the Oregon Department of Geology and Mineral Industries.
2. The applicant shall comply with all requirements for
water, noise and dust pollution established by the
Oregon Department of Environmental Quality.
3. The applicant shall comply with all requirements for
water rights from the Watermaster's Office.
4. The applicant shall obtain Site Plan approval from the
Deschutes County Planning Division prior to the
commencement of any mining activity on the subject site.
THIS DECISION BECOMES FINAL 10 DAYS FROM THE DATE MAILED, UNLESS
APPEALED.
DATED and MAILED this 22nd day of November, 1989.
EDWARD P. FITCH
Hearings Officer
cc: BOCC
Deschutes County Planning Commission
Deschutes County Planning Director
Robert S. Lovlien
-5- FINDINGS AND DECISION, FILE NO. ZC-89-8
