1993-18016-Ordinance No. 93-022 Recorded 6/1/1993y
93`IS016
REVIEWED
0126-1073
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COtTNfI'Y,/ -C%TGON
An Ordinance Amending Title 18, of the Deschutes * '-
County Zoning Ordinance, County Code, to Correct an
Error in the Mapping of Deschutes County Surface
Mining Inventory Site Number 357 and Declaring an
Emergency.
ORDINANCE NO. 93-022
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 357, located in Section 36, Township 16
South, Range 11 East, W.M., in Deschutes County, was among the sites
considered in the County's surface mining package and pursuant to the
County's ESEE process was zoned for surface mining; and
WHEREAS, the zoning map designating Site Number 357 for Surface
Mining in Deschutes County Ordinance 90-029, found at page 1499 of the
Deschutes County surface mining package shows Site Number 357 to be
approximately 320 acres in area; and
WHEREAS, the surface mining package record establishes that site
357 is constituted of a 560 -acre area located in Section 36, Township
16S, Range 11E, W.M., Deschsutes County, Oregon, and the ESEE analysis
for the site was conducted on the basis that Site Number 357 was
560 -acres in size; and
WHEREAS, the Board of County Commissioners amended the
Comprehensive Plan by adopting Ordinance No. 93-021 to designate Site
No. 357 encompasses 560 -acres, as surface mining, and
WHEREAS, the Board of County Commissioners finds that the acreage
discrepancy for Site Number 357 was the result of an inadvertent
clerical mistake and that it was the Board's intent that the site be
considered to be a 560 acre site; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY ORDAINS as
follows: NSI -
CRO IL ED
1 - ORDINANCE NO. 93-022 (05/18/93) JUL 131993 i,P-►�'G
� _3
1993
0126-10`4
Section 1. The zoning ordinance is amended by replacing the
zoning map of Surface Mining Site Number 357 found in Exhibit C of
Ordinance 90-029, on page 1499 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 560 acres of tax lots 100, 10300
and 10400 of Township 16 South, Range it East, Willamette Meridian,
Section 36, Deschutes County, Oregon.
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,,�916-h day of)2q , 1993.
BOARD OF COUNTY COMMISSIONERS
OF DESCH�JTES COUNTY, OREGON
ATTEST:
al't�
Recording Sec etary
TOM THROOP,V air
�JwjjI
N POPE Eh, Commiss' ner
BARRY 11. SLAWHTER, Commissioner
2 - ORDINANCE NO. 93-022 (05/18/93)
DAY TO Exhibit A
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Exhibit B
0126-10'76
Community Development Department
Administration Bldg. / 1130 N.W. Harriman / Bend, Oregon 97701
(503) 388-6575
M E M O R A N D U M
Planning Division
Building Safety Division
Environmental Health Division
To: Deschutes County Board of County Commissioners
From: David B. Leslie, Associate Planne:�'✓
Date: May 12, 1993
Subject: Mining Site No. 357
A discrepancy has recently been discovered in the
comprehensive plan and zoning maps adopted for this mineral
resource site mined by Cascade Pumice. The boundary for this
site on the inventory and zoning maps includes 320 acres
whereas the site actually encompasses 560 acres east of Mock
Road and north of Tumalo Reservoir Road. Some of the area
inadvertently left off the maps is actively being mined at
this time.
Minutes in the surface mining record for public hearings held
before the Planning Commission and the Board of Commissioners
in 1988 and 1989 indicate that this mining site was
considered to contain 560 acres. Staff recommends that the
Board adopt the attached ordinances, and declare an
emergency, to amend the comprehensive plan and zoning maps to
reflect the correct boundary and size of this site.
DBL/mjz
Attachments