1991-28212-Minutes for Meeting September 23,1991 Recorded 9/24/1991r
WORK SESSION MINUTES =°°' "`
y
DESCHUTES COUNTY BOARD OF COMMISSIONERS
September 23, 1991
' ,.,..
Chairman Maudlin called the meeting to order at 10 a.m. Board
members in attendance were Dick Maudlin, Tom Throop and Nancy Pope
Schlangen. Also present were: Bruce White, Assistant Legal
Counsel; Brad Chalfant, Property Manager; Dave Leslie, Planner; and
Kevin Harrison, Planner. 0107 1554
1. FINDINGS AND DECISION ON MARKEN SURFACE MINING APPLICATION
Before the Board was signature of the Findings and Decision on
the Marken surface mining application. Greg Hendrix, attorney
for the applicant, asked for a clarification on whether the
placement of this property on the inventory would preclude
Mr. Marken from using it for other permitted conditional uses
in an EFU zone. Bruce White said it would not. Mr. White
said the site was placed on the inventory as a significant
site but, having gone through the ESEE process, the Board the
best use for the site was not surface mining because of
conflicting uses and resources. Therefore the zoning on the
Marken site would remain EFU. Mr. Hendrix clarified that if
Mr. Marken established a farm use on the property, he could
potentially partition the property and all of the other
permitted conditional uses, if he could meet the standards for
those uses in the EFU-20 zone. Mr. White said that was
correct since the zoning had not been changed to surface
mining. Mr. Marken would be subject to the surface mining
impact zone only because of the proximity to the Rose site and
the County landfill site which were zoned for surface mining.
THROOP: I'll move signature.
SCHLANGEN: Second.
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
2. CONTINUATION OF PUBLIC HEARING ON CONSERVATION EASEMENT ON
TWIN BRIDGES SURFACE MINING SITE
Before the Board was a continuation of a public hearing on the
Board's call up of a Hearings Officer's Findings and Decision
requiring a Conservation Easement on File SP -91-18 concerning
surface mining at the Twin Bridges site.
Dave Leslie gave the Board a copy of the Hearings Officer's
decision and asked that the memorandum from Bruce White, dated
September 18, 1991, be entered into the record. He said there
PAGE 1 MINUTES: 9/23/91 �!C„OFlC1,�EC+ KEYP ED
0107 1555
was no date indicated in the earlier agreement between the
parties, therefore, staff recommended that condition #13 in
the Hearings Officer's decision be modified to include an
escrow agreement which had been discussed at the previous
public hearing. He recommended the 12 -year time limit with
the caveat that in case there was an appeal which would
prevent any mining from occurring, the date would be moved
forward.
Bruce White said staff was proposing that condition #13 of the
Hearings Officer's decision be removed and that new language
be substituted to state that in conformance with the terms of
condition #6, the ESEE concerning the granting of a
conservation easement including public access, that the
parties entered into the attached escrow agreement; that Bend
Aggregate would record a memorandum of that agreement; and
that an agreement and an executed conservation easement would
be tendered into escrow. So there were basically three
conditions: (1) sign the escrow agreement; (2) put the
agreement and a signed conservation easement into escrow; and
(3) sign and record a memorandum of the agreement in the
Deschutes County property records so that the existence of
this escrow agreement would be in the record. He also
suggested that there be a finding made that this agreement
satisfied the ESEE condition concerning meeting the
requirements of the agreement between the conservationists and
Bend Aggregate and Paving.
Bruce White clarified that his September 18, 1991, memorandum
to the Board which included the signed agreement, and his
memorandum of September 17, 1991, which included a packet of
documents (which would be attached to the final decision) were
both a part of the record.
Chairman Maudlin closed the public hearing.
THROOP: I'd move the County adopt staff recommendation
which is to approve the Findings and Decision of
the Hearings Officer dated and mailed the 24th day
of May, 1991, with the exception of condition #13
which would then be stricken and in place of
condition #13 flush out in whatever appropriate
language is required to accomplish what Bruce, our
Assistant Legal Counsel, described to us
appropriate.
Bruce White said "and also including a finding that those
documents satisfy the ESEE condition."
THROOP: Okay, that would be part of the motion as well.
SCHLANGEN: I will second that.
PAGE 2 MINUTES: 9/23/91
010'7 1556
VOTE: THROOP: YES
SCHLANGEN: YES
MAUDLIN: YES
DESCHUTES COUNTY
I
Tojpl Troop, C
y Pope
BOCC:alb
BOARD OF COMMISSIONERS
ssion
Qja"
gen, Commission r
in, Chairman
PAGE 3 MINUTES: 9/23/91