1992-36265-Ordinance No. 92-058 Recorded 10/21/199292-36265 0119-10 c5
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
An Ordinance Amending PL -20, the Deschutes County *
Year 2000 Comprehensive Plan, to Correct an Error *
in the Mapping of Deschutes County Surface Mining *
Inventory Site Number 421 and Declaring an
Emergency.
ORDINANCE NO. 92-058
da-''rY� "1
COUNTY, OREGON
1"y
WHEREAS, Deschutes County has previously by ordinances 90-025,
90-028, 90-014, and 90-029 adopted a surface mining package that:
inventories mineral resources; weighs and resolves conflicts identified
between mineral resources and other significant resources and uses
based upon economic, social, environmental, and energy (ESEE)
consequences; and zones individual sites based upon that ESEE analysis;
and
WHEREAS, Site Number 421, located at 212000-00-00900 in Deschutes
County, was among the sites considered in the County's surface mining
package and pursuant to the County's ESEE process was designated for
surface mining; and
WHEREAS, the Mineral and Aggregate Resource Inventory map for Site
Number 421 in Deschutes County Ordinance 90-025, found at page 108 of
the Deschutes County surface mining package shows Site Number 421 to be
1716 acres in area; and
WHEREAS, the surface mining package record establishes that site
421 is constituted of a 500 -acre area located in Section 16, Township
21S, Range 20, W.M. and the ESEE analysis for the site was conducted on
the basis that Site Number 421 was 500 acres in size; and
WHEREAS, the Board of County Commissioners finds that the acreage
discrepancy for Site Number 421 was the result of an inadvertent
clerical mistake and that it was the Board's intent that the site be
considered to be an 500 acre site; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY ORDAINS as
follows:
Section 1. The Comprehensive Plan is amended by replacing the
inventory map of Surface Mining Site Number 421 found in Exhibit H of
Ordinance 90-025, on page 108 of the County's Surface Mining Package,
with a new map attached hereto as Exhibit A and incorporated herein by
reference showing the site to occupy 500 acres of tax lot 900 of
Township 21 South, Range 20 East, Willamette Meridian, Section 16.
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1 — ORDINANCE NO. 92-058 (10/21/92)
off'19-1066
Section 2. This ordinance is supported by findings in the staff
report, attached and incorporated as Exhibit B.
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(yc-kb.6, 1992.
AT EST•
-cording Secretary
BOARD OFOUNTY COMMISSIONERS
OF DESCH ES COUNTY, OREGON
Al mep
TOM HROOP, Commissioner
L -
NANCY OPE SCHLANGEN, Commissioner
MAUDLIN, C airman
2 - ORDINANCE NO. 92-058 (10/21/92)
EXHIBIT A (��
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EXHIBIT B
DESCHUTES COUNTY PLANNING DIVISION
STAFF REPORT
FILE NUMBER: PA -92-5 & ZC-92-2
DATE: October 21, 1992
TINE: 10:00 A.M.
PLACE: Room A, Juvenile Justice Center -
1128 NW Harriman Avenue
Bend, Oregon 97701
APPLICANT: Deschutes County for R.L. Coats
1130 NW Harriman
Bend, Oregon 97702
OWNER: R.L. & Joyce Coats
REQUEST: Plan Amendment and Zone Change to correct a
legislative error in the map boundary for
Surface Mining Site No. 421.
REVIEWER: David B. Leslie
LEGAL CRITERIA:
1. Chapter 18.136, Amendments, of Title 18 of the Deschutes
County Code, the zoning ordinance, establishes the
standards for rezoning.
2. PL -20, the Deschutes County Year 2000 Comprehensive
Plan.
3. Title 22 of the County Code, Procedures Ordinance.
BASIC FINDINGS:
1. LOCATION: The subject property is approximately 1716
acres in size located northeast of Highway 20 between
Brothers and Hampton, and is identified as Tax Lot #900
on Assessor's Map #21-20. This property is part of the
Barbed Wire Ranch operated by the owner.
PA-92-5/ZC-92-2
1
®i 19-1011-619
2. ZONING: The entire parcel is zoned SM, Surface Mining
and is designated Surface Mining on the Deschutes County
Year 2000 comprehensive plan. The subject property is
known as Site No. 421 in county records regarding
surface mining. This property was rezoned in 1990 by
the County from EFU-320 to SM as part of a county -wide
legislative process to implement Statewide Land Use
Planning Goal 5 and its implementing administrative
rules with respect to mineral and aggregate resources.
The plan designation was changed from Agriculture to
Surface Mining at the same time.
3. REQUEST: The applicant is requesting that the County
correct an error in the acreage zoned and designated by
the plan for surface mining as part of SM Site No. 421.
The entire parcel is now zoned and designated SM,
whereas the size of the mining site is approximately 500
acres. The owner discovered this error when recently
applying for a conditional use permit to construct a
farm dwelling on the parcel, and is requesting that
approximately 1216 acres be rezoned back to EFU-320 with
a corresponding plan designation for Agriculture.
4. SITE DESCRIPTION: The subject property consists of two
primary land uses, the mining site on the southern
portion in section 16 in the foothills and farm
operations, including irrigated pasture and grazing
lands on the remainder of the Barbed Wire ranch. This
ranch extends onto other adjacent parcels. Several
trailers are located on the property for ranch hands to
live in.
5. SURROUNDING PROPERTY: The subject property is
surrounded by land zoned EFU-320. The area within
one-half mile is in the SMIA (Surface Mining Impact
Area) Combining Zone. Surface mining sites no. 522 and
524, and their associated SMIA zones, are located
approximately one mile to the west and south
respectively. These sites are operated by the Oregon
Department of Transportation. Most of the land
surrounding the subject property is owned by R.L. Coats
or the Bureau of Land Management.
6. AGENCY COMMENTS: The Oregon Department of Fish &
Wildlife indicates it has no comments regarding this
application.
7. PUBLIC COMMENTS: There have been no letters received
from the public regarding these applications as of the
time when this staff report was completed. Any letters
subsequently submitted will be presented at the hearing.
PA-92-5/ZC-92-2
2
APPLICABLE STANDARDS • 0i -1 9_10 SO
1. Deschutes County Code, Section 18.136.030, Rezoning
Standards.
The applicant for a quasi-judicial rezoning must
establish that the public interest is best served by
rezoning the property. Factors to be demonstrated are:
A. That the change conforms with the Comprehensive
Plan, and the change is consistent with the Plan's
introductory statement and goals.
B. That the change in classification for the subject
property is consistent with the purpose and intent
of the proposed zone classification.
C. That changing the zoning will presently serve the
public health, safety and welfare considering the
following factors:
a. The availability and efficiency of providing
necessary public services and facilities.
b. The impacts on surrounding land use will be
consistent with the specific goals and
policies contained within the Comprehensive
Plan.
D. That there has been a change in circumstances since
the property was last zoned, or a mistake was made
in the zoning of the property in question.
2. Deschutes County Year 2000 Comprehensive Plan.
The goal of the Surface Mining chapter of the
comprehensive plan is:
"To protect and utilize appropriately, within the
framework established by Statewide Land Use
Planning Goal 5 and its implementing administrative
rules, the mineral and aggregate resources of
Deschutes County, while minimizing the adverse
impacts of mineral and aggregate extraction and
processing upon the resource impact area."
3. Title 22 of the County Code, Procedures Ordinance.
Chapter 22.12 of the Procedures ordinance requires that
legislative changes be processed in accordance with
certain specified standards with respect to hearings
bodies and notices.
PA-92-5/ZC-92-2
3
CONCLUSIONARY FINDINGS:
1. Conformance with Title 18 of the Deschutes County Code,
the Zoning Ordinance, and PL -20, the Deschutes County
Year 2000 Comprehensive Plan.
For the reasons set forth below, staff finds that the
applicant's proposal is consistent with the rezoning
standards in Chapter 18.136 and the Comprehensive Plan:
STAFF FINDINGS•
1.) Deschutes County adopted a surface mining package by
ordinances 90-025, 90-028, 90-014, and 90-029 that:
inventories mineral resources; weighs and resolves
conflicts identified between mineral resources and other
significant resources and land uses based upon economic,
social, environmental and energy (ESEE) consequences;
and zones individual sites based upon each site's ESEE
analysis.
2.) The comprehensive plan (Mineral and Aggregate Resource
Inventory) map for Site No. 421 in Ord. No. 90-025,
found at page 108 of the County's surface mining
package, shows this site to be the entire tax lot #900,
approximately 1716 acres in area (Exhibit A). The
zoning map designating this site for Surface Mining in
Ord. No. 90-029, found at page 108 of the County's
surface mining package, also shows the entire tax lot
#900 as constituting Site No. 421 (Exhibit B).
3.) The owner's request to delineate Site No. 421 as
containing approximately 500 acres in Section 16
(Exhibit C) will not result in any changes to the area
on Site No. 421 where mineral resources are located.
Only the zoning and comprehensive plan maps delineating
the boundary of the site will be altered, resulting in a
mining site of approximately 500 acres instead of 1716
acres. The proposed maps will correspond to the map
presented at public hearings conducted by the Planning
Commission and the Board in 1988 and 1989 for the
legislative rezoning of this mining site (See Exhibit D)
and will more accurately reflect the location of the
mineral resources in this area. The designation of the
entire tax lot 1900 for surface mining was a mistake in
the zoning of the subject property made in 1990.
4.) The site-specific ESEE analysis adopted by the Board in
1990 (Ord. No. 90-29, pp. 1074-1085), incorporated
herein by reference, evaluates resource and land use
conflicts with respect to surface mining at this site
and indicates on page 1074 that this site covers an area
of "approximately 500 acres and is located on the
"Barbwire Ranch"..." The owner requests that this same
PA-92-5/ZC-92-2
4
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500 -acre area continue to be zoned and deatdLl`ir
surface mining, thereby continuing to protect the
identified Goal 5 mineral and aggregate resource. The
ESEE determination and applicant's proposal are
therefore consistent with one another and both are
consistent with the comprehensive plan goal and policies
with respect to surface mining.
5.) The Surface Mining zone is intended for the protection
and use of significant mineral and aggregate resources
where other conflicting resources and uses are not
deemed to be more significant. The primary purpose of
the Exclusive Farm Use zones is to preserve and maintain
agricultural lands for the production of farm products.
The change in boundaries for Site No. 421 is consistent
with the purpose and intent of these two zones in that
the area appropriate for surface mining will remain
protected for mineral extraction while the area used for
the production of farm products will be properly
classified as EFU-320. Both uses have historically
occurred on the subject property in conjunction with one
another.
6.) The property is currently used for the purposes for
which the zone change is requested. Therefore, the
change in zoning will not create a need to provide
additional public services or facilities or affect their
availability or efficiency.
2. Conformance with Title 22 of the County Code, Procedures
Ordinance.
Based on the following findings, staff has determined that
all requirements of the Procedures Ordinance have been met
for this application:
STAFF FINDINGS•
1.) A staff report was completed in advance of the public
hearing and was made available to the applicant, the
Board of County Commissioners and any other persons who
requested a copy.
2.) Pursuant to Chapter 22.12 of the code:
a. The Deschutes County Planning Commission reviewed
this application at their regularly scheduled
meeting held on September 9, 1992;
b. Notice of the public hearing held before the Board
on October 21, 1992, was:
i. mailed to the applicant and owners of record
of property within one-half mile of the
subject property;
PA-92-5/ZC-92-2
5
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ii. posted on the subject property for at least 10
continuous days prior to the hearing; and,
iii. published in the Bend Bulletin at least 10
days prior to the hearing.
C. The legislative changes approved in this
application will be adopted by ordinance. The
comprehensive plan map will be revised by adoption
of Ordinance No. 92-058 and the zoning map
revisions will be adopted by Ordinance No. 92-059.
3.) Pursuant to OAR 660-18-022(2):
a. Less than 45 days notice, as generally required in
OAR 660-18-020, has been provided to the Department
of Land Conservation and Development because the
Board determined that there are emergency
circumstances requiring expedited review of this
application. Notice was mailed to DLCD on
September 29, 1992.
b. Expedited review is required so that the property
owner may apply for a land use permit on that
portion of his property which is being farmed and
does not contain mineral and aggregate resources.
4.) All records pertaining to this application will be kept
on file at the Deschutes County Community Development
Department and are available upon request for public
inspection.
CONCLUSION AND RECOMUMDATION:
Based upon the above findings it is recommended that the
Board approve the Planning Commission's recommendation to
rezone approximately 1216 acres of the subject property to
EFU-320 and amend the comprehensive plan designation to
Agriculture for the same area, thereby leaving approximately
500 acres in Surface Mining Site No. 421.
DBL/mjz
PA-92-5/ZC-92-2
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RIf` °D
FILE #421
LOCATION: This site is located on the Barbed Wire Ranch,
east of Harmon Place, in Township 21, Range 20, Section 16,
Tax Lot 900.
N 4 PRESENT ZONING: EFQ 320
ADJACENT ZONING: EFU 320
-- COMPREHENSIVE PLAN: AGRICULTURE
a SIZE: 40 ACRES ._.�
7 9 OWNERSHIP: 'OREGON--STATE-HIG-iWA- - DIVISION
RESOURCE TYPE: TYPE: AGGREGATE, QUALITY I3ELT�' ODOZ` SPECIFICATIONS,
i QUANTITY IS 500,000 CUBIC. YA12DS.
1$ 17 K
std
ra55
ro � 8u.2O Zi HEARING DATE: August 8- 1989.
HEARING TIME: 6:30 P.M.
HEARING PLACE:- County Administration Building
Hearings Room
30 29 0 2e 1130 N.W. Harriman Street
==ate ,11 BEND, OREGON 97701
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